HomeMy WebLinkAboutcoa.lu.ex.Weaver422 W Bleeker St.1980
MEMORANDUM
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TO:
Aspen Planning and Zoning Commission
Aspen City Council
FROM:
RE:
Sunny Vann, Planning Office
Weaver Subdivision Exemption
DATE: February 13, 1980
Zoning: R-6, Residential
Location: 422 West Bleeker Street (all of Lots K, L, M, N, 0, P, Q, R
and S, and part of Lots A, Band C, Block 36, Aspen Townsite)
Lot Size: Approximately 32,205 square feet
Rental History:
Engineering
Comments:
Attorney's
Comments:
Housing Director's
Comments:
Planning Office
Recommendation:
P & Z
Recommendation:
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None. Main house and attached cottage have historically
been owner occupied.
With respect to the applicant's request for a subdivision
exemption for purposes of condominiumization, the Engineering
Department recommends approval subject to 1) the revision and
resubmission of the owner/applicant's improvement survey,
2) the owner/applicant agreeing to enter into a sidewalk
improvement district in the event one is formed, 3) the
provision of an electrical transformer easement, 4) the
installation of a new water meter, and 5) the owner/applicant
obtaining an encroachment agreement for an existing wood
fence located in the public right-of-way.
With respect to the applicant's request for a subdivision
exemption for the purpose of creating a 6,000 square foot
single family lot, the Department recommends that Mr.
Weaver be granted an exception from full subdivision compliance
instead of a subdivision exemption. Engineering further
recommends that the applicant's improvement survey be
accepted as a conceptual plat and that the owner/applicant
be required to submit a final plat pursuant to Section 20-14
of the Municipal Code.
Approval should be conditioned upon the owner/applicant
complying with the six month minimum lease requirement of
Section 20-22 of the Municipal Code.
Units do not fall within low, moderate and middle income
housing pool.
Approval of the applicant's request for subdivision exemption
for purposes of condominiumization subject to the imposition
of the six month minimum lease restrictions of Section 20-22
and the applicant's compliance with the stipulations outlined
in the Engineering Department's memorandum dated February
7, 1980. The Planning Office concurs with Engineering's
recommendation that the applicant be granted an exception
from full subdivision compliance instead of a subdivision
exemption for purposes of creating the proposed single
family lot. The Planning Office further recommends that
the applicant's improvement survey be accepted as a conceptual
plat and that the owner/applicant be required to meet the
final plat requirements of Section 20-14 of the Municipal Code.
Concurred with the Planning Office's recommendation. Also
stipulated that approval be further conditioned upon inclusion
of detached par~ing structure in condominium agreement.
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MEMORANDUM
TO: Sunny Vann, Planning Office
FROM: Fritz Bruggemeier, Engineering Department
DATE: February 7, 1980
RE: Weaver Subdivision Exemption; All of lots K,L,M,N,O,P,
Q,R and S, and all of lots A,B, and C except the North
70 feet of said lots A,B, and C and except the East
39 inches of said lot C, Block 36, City and Townsite
of Aspen.
A.
Condominiumization
After having reviewed the survey plat for the above subdi-
vision exemption and having made a site inspection, the Engi-
neering Department recommends the following:
1. The owner/applicant shall revise and resubmit the survey
plat to include the following:
A. Show locations of larger trees which, under section
13-76 of Municipal Code, need a permit to be removed.
B. Show additional parking area for carriage house.
C. Show curb and gutter.
D. Surveyor's certificate, signature and seal.
2. Owner/applicant shall provide an easement for future
electric transformer.
3. Owner/applicant shall be required to join a sidewalk
improvement district if one is formed in the future.
4. Owner/applicant shall install a new water meter and
remote meter reading register prior to April 1, 1980 as per the
Water Department's letter of March 15, 1979.
5. Special note is made that the existing wood fence is
located in the public right-of-way in the alley of block 36
and the city retains the right to have the fence removed/relocated
at owner/applicant expense, if needed in future. Owner/applicant
shall apply for an encroachment agreement.
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Page 2
Re: Weaver Subd. ision Exemption
The Engineering Department recommends approval for the above
subdivision exemption subject to the owner/applicant correcting
the above conditions under items #1,2,3,4 and 5.
B.
Lot Split
After having reviewed the survey plat for the above sub-
division exemption and having made a site inspection, the Engi-
neering Department recommends the following:
1. A denial of the Weaver Subdivision Exemption and recom-
mend an exception from the full subdivision compliance be granted
Mr. Weaver. This exception would require conceptual approval
from Planning and Zoning and final approval from City Council
for the final plat.
2. The improvement survey as submitted by the owner/appli-
cant be accepted as a conceptual plat.
3. The owner/applicant follows section 20-14 on the final
plat procedures, and submit a final plat for review by the
Engineering Department as per section 20-15.
TO:
Sunny Vann
Di,ooto, r-
FROM:
Jim Reents, Housing
DATE:
January 8, 1980
SUBJECT:
Weaver Subdivision Exemption
On the condominiumization portion of this application, the
Housing Office finds, because of the occupancy history, there
is no impact on the low, moderate, middle income housing
pool.
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MEMORANDUM
TO:
Ron Stock, City Attorney
Dan McArthur, City Engineer
Jim Reents, City Housing Director
FROM:
Sunny Vann, Planning Office
RE:
DATE:
Weaver Subdivision Exemptions
December 17, 1979
Attached please find application for subdivision exemption for the purpose
of condominiumization and for the purpose of creating a new lot. This item is
scheduled to come before the Aspen Planning and Zoning Commission on Tuesday,
February 5, 1980. Therefore, may I please have your written comments concerning
this application no later than Monday, January 28, 1980. Thank you.
130 s
MEMORANDUM
DATE: December 19, 1979
TO:
FROM:
Sunny Vann
Ron StoCkJ~
Weaver Subdlvlslon
Exemptions
RE:
If the above entitled subdivision exemption 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:
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.
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LAW OFFICES
OATES, AUSTIN, MCGRATH & JORDAN
600 EAST HOPKINS AVENUE
ASPEN. COLORADO 81611
LEONARD M. OATES
RONAl.D O. AUSTIN
J. NICHOLAS MCGRATH, JR
WILLIAM R. JORDAN III
ROBERT W. HUGHES
December 14, 1979
AREA CODE 303
TELEPHONE 925-2600
RICHARD A. KNEZEVICH
JAMES R. TRUE
City of Aspen
130 South Galena
Aspen, Colorado 81611
Planning and Zoning Commission
130 South Galena
Aspen, Colorado 81611
Aspen-Pitkin Planning
130 South Galena
Aspen, Colorado 81611
Office
Ladies and Gentlemen:
We represent John F. Weaver and his mother, Mary Parker
Weaver, who are the owners in co-tenancy of the following described
property:
All of Lots K, L, M, N, 0, P, Q, R, and
S, and all of Lots A, B, and C except the
North 70 feet of said Lots A, B, and C and
except the East 39 inches of said Lot C,
Block 36, City and Townsite of Aspen.
Lots K, L, M, N, 0, P, Q, Rand S are situate on the southerly one
half of Block 36; and the portion of Lots A, Band C owned by the
Weavers is situate on the northerly one half of Block 36 and is
separated by an alley. The property is bounded by Third and Fourth
Streets and by West Bleeker Street. This property is zoned R-6
and presently accomodates the pink brick two-story Victorian and
attached carriage house familiarly known as "pioneer Park." The
Weavers seek by this application an exemption from the definition
of a subdivision under Section 20-19(b) of the City Code in con-
nection with both (a) the proposed condominiumization of this
structure and (b) in connection with the creation of one single-
family lot in the easternmost portion of the property.
A
CONDOMINIUMIZATION
As indicated above, the property presently accomodates
a brick two-story victorian structure (the "main house") and
attached carriage house (the "cottage"). A swimming pool also
exists on the property. The main house, which contains approxi-
mately 2,564 ground square feet, contains a basement accomodating
storage space and housing the furnace system and hot water heater,
and a first and second floor living area. The first floor contains
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OATES, AUSTIN, MCGRATH So JORDAN
Weaver Application
December 14, 1979
Page Two
one bedroom, one and one half bathrooms, a large living room-library
area, a den and kitchen. The second floor contains three bedrooms
and two bathrooms. The cottage, which has no basement, is approxi-
mately 800 square feet and contains on its first floor both a kitchen
and living room and on its second floor one bedroom and one bathroom.
The cottage is connected to the main house by a series of three
rooms consisting of 87, 277 and 147 square feet, respectively. The
Weavers at this juncture contemplate including one or two of these
rooms in the cottage unit, as and when the structures may be condo-
miniumized, and leaving the remaining rooms or room, as the case may
be, as a common element, appurtenant to both the main house unit and
cottage unit for purposes of storage of pool and gardening equipment,
and the like. The real property also presently contains a covered
four car garage on that portion of the property to the north of
the alley.
The Weavers have owned the property for several years.
Presently and for the past four years the cottage has been occupied
by Mr. Weaver. The main house has historically either been unoccupied
or occupied by Mrs. Weaver and a non-rent paying paid-companion for
Mrs. Weaver, who is elderly. Consequently, neither unit historically
has ever been rented, either within low, moderate or middle income
housing guidelines, or otherwise. Hence, condominiumization would
neither result in any tenant displacement nor affect the supply of
low and moderate income housing. Subject to the disposition of the
lawsuit commenced in District Court which has raised the issue of
the authority of localities to regulate the condominium conversion
process, the Weavers are, of course, prepared to restrict any leasing
of the units that might in the future occur to minimum six (6) month
terms with no more than two (2) shorter tenancies per year.
B
LOT SPLIT
Additionally with their request for subdivision exemption
for condominiumization, as discussed above, the Weavers also seek
by this application an exemption from subdivision in connection with
the creation of one additional lot of 6,000 square feet at the
easternmost portion of the property -- i.e., lots Rand S. It is
our understanding that this request is exempted from the Growth
Management Quota System under Section 24-10.2(d) of the City Code,
which provided:
"The following development activity shall
be exempted from complying with the
allotment proceedures hereinafter provided
for:
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OATES, AUSTIN, MCGRATH So JORDAN
Weaver Application
December 14, 1979
Page Three
(d) The construction of one single-family
residence on a lot subdivided after the
effective date of this article where the
following conditions are met:
(1) The tract of land which was
subdivided has a preexisting
dwelling
(2) No more than two (2) lots were
created by the subdivision."
Given the principal objectives of the subdivision laws
to accomodate orderly and planned development, the Weavers believe
that since the property is in the middle of the City concerns
associated with a new division of land such as growth patterns,
geologic hazzards, extensions of public services, subdivision de-
sign standards and the like simply would not be involved and that,
hence, a subdivision exemption would be appropriate. The newly
created parcel would, of course conform to all area and bulk
requirements of the R-6 zone district, as would the parcel con-
taining the existing duplex. Additionally, the lot split would
be in character with the historical development of the vicinity
on parcels the size of that proposed here.
Incidentally, the enclosed gazebo currently situate on
the proposed new parcel would be relocated as an appurtenance to
the existing duplex.
We ought, as well, to mention that the principal objective
of the Weaver's by this application is to enable them partially to
liquidate their investment in the property should this become
necessary as a hedge against obvious spiraling economic factors
and to enable them to engage in more effective estate planning.
They have no present plans of selling either of the proposed
condominium units or the newly created separate parcel but do
wish presently to preserve their ability to do so should later
economic circumstances warrant.
Accompanying this application are six (6) copies each
of a property improvement survey locating the existing improve-
ments on the property and, to assist in your evaluation, a conceptual
drawing of the property and surrounding uses, a one inch scale
city map and a tabulation of other relevant data. Also accompanying
this application is our check in the amount of $50.00 for the
filing fee.
Naturally, we will be happy
further information you may require.
early setting on your agenda.
to supply you with any
We would appreciate an
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OATES, AUSTIN, MCGRATH So JORDAN
Weaver Application
December 14, 1979
Page Four
Thank you for your time and consideration.
Sincerely,
OATES, AUSTIN, McGRATH & JORDAN
By
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