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Home My WebLink Aboutlanduse case.AP.700 S Monarch St.A44-92MAURER EXP. HOUSING REPLCEMT 2735-131-11-008 & 017 A44-92 66.nv 4� A I ■ 13G ou. Street l ^ a Aspen, Colorado 81611 (303) 920-5090 12 f 003 n �- O' [� LAND USE APPLICATION FEES ' City 00113 -63250-134 GMP/CONCEPTUAL -63270-136 GMP/FINAL -63280-137 SUB/CONCEPTUAL -63300-139 SUB/FINAL -63310-140 ALL 2-STEP APPLICATIONS -63320-141 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS 00 U ;2 REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00115 -63340-163 ENGINEERING SUBTOTAL County 00113 -63160-126 GMP/GENERAL -63170-127 GMP/DETAILED -63180-128 GMP/FINAL -63190-129 SUB/GENERAL -63200-130 SUB/DETAILED -63210-131 SUB/FINAL -63220-132 ALL 2-STEP APPLICATIONS -63230-133 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS -63450-146 BOARD OF ADJUSTMENT REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00113 -63360-143 ENGINEERING PLANNING OFFICE SALES 00113 -63080-122 CITY/COUNTY CODE -63090-123 COMP. PLAN -63140-124 COPY FEES -69000-145 OTHER 7 SUBTOTAL TOTAL Name: ) � �P Phone: Ads: �1 k _. ii �An Project:c".1Pn- 04,v L12Lt5'« <{ h x o//l, s ��;� SU € �(C, c/Y_vr j" r rf"- Check # (D % 7Z ,�� Date: (r Additional billing: #of Hours: CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 06/02/92 PARCEL ID AND CASE NO. DATE COMPLETE: (0 3 2735-131-11-008&017 A44-92 STAFF MEMBER: KJ- PROJECT NAME: Maurer Exemp. from Housing Replacement Prog. Project Address: 700 Monarch Street; Units 101 and 102 Legal Address: APPLICANT: Michael S. Maurer; Maurer Rifkin & Hill Applicant Address: 10585 N. Meridian St.; Indianapolis, IN REPRESENTATIVE: Ronald D. Austin; Austin, Peirce & Smith Representative Address/Phone: 600 East Hopkins, Suite 205 Aspen, CO 81611 925-2600 --------------------------------------------------- FEES: PLANNING $ 200 # APPS RECEIVED 3 ENGINEER $ 90 # PLATS RECEIVED 3 HOUSING $ ENV. HEALTH $ TOTAL $ 290 PAID:(YES) NO AMOUNT: $ NO. OF COPIES RECEIVED / TYPE OF APPLICATION: 1 STEP: 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Xxemption: Date: --------------------------------------------------------------- --------------------------------------------------------------- REFERRALS: City Attorney Mtn Bell School District City Engineer Parks Dept. Rocky Mtn NatGas Housing Dir. Holy Cross State HwyDept(GW) ' Aspen Water Fire Marshall State HwyDept(GJ) U� City Electric Bldg Inspector Other Envir.Hlth. Roaring Fork Aspen Con. S. D. Energy Center Clean Air Board 6 �„�_ DATE REFERRED: ---------------------------------------------------------------- INITIALS: ---------------------------------------------------------------- FINAL ROUTING: DATE ROUTED: INITIAL X 10, City Atty City Engineer Zoning Env. Health Housing Other: FILE STATUS AND LOCATION:/// �A___ MEMORANDUM TO: Diane Moore, Planning Director FROM: Kim Johnson, Planning Office RE: 700 Monarch Condominiums, Units 101 and 102 - Insubstantial Condominium Plat Amendment to Combine Units DATE: June 5, 1992 SUMMARY: The applicant wishes to amend the condominium plat to reflect the combination of Units 101 and 102. The units have been determined to be exempt from Ordinance 1 replacement requirements for the demolition of a unit within a multi -family structure. The proposed plat amendment qualifies as an insubstantial amendment and shall be approved by the Planning Director. Staff recommends approval of the request with conditions. APPLICANT/OWNERS: Michael S. Maurer (Unit 102), represented by Ron Austin and John and Eve Molyneux (Unit 101) LOCATION: 700 Monarch Street REFERRALS: Engineering: Chuck Roth has forwarded the following comment: 1) The Applicant shall provide a plat amendment which meets the requirements of Section 24-7-1004.D. of the Municipal Code. It is recommended that a blueprint of the plat amendment be provided for checking prior to submitting two mylars for City signatures, together with recording fees for one set of mylars. STAFF COMMENTS: Section 7-1006 A. of the Land Use Code 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." The proposed change is to combine Units 101 and 102 to create one unit. Please see Attachment "A" for application letter and sketch of the subject units. Staff has reviewed the documentation provided by the Applicant regarding the historical occupancy of the units and has determined that they are not employee housing units, therefore the project is exempt from Ordinance 1 replacement. Please refer to Attachment "B" for letter to Ron Austin. The proposal does not conflict with any other Land Use regulations and should be considered to have no effect on the conditions of the approved plat. The combination of one of the units will require one of the kitchens to be taken out of the resulting single condominium unit. RECOMMENDATION: Staff recommends that the Planning Director approve the Insubstantial Plat Amendment for the 700 Monarch Condominiums for the combination of Units 101 and 102. Recommended conditions of approval are: 1) Only one kitchen shall remain in the remodeled condominium unit. This must be indicated on the building permit documents and shall be inspected by the Zoning Official prior to the issuance of a Certificate of Occupancy. 2) The Applicant shall provide a plat amendment which meets the requirements of Section 24-7-1004.D. of the Municipal Code. A blueprint of the plat amendment shall be provided to Engineering for checking prior to submission of two mylars for City signatures with recording fees for one set of mylars. I hereby approve the above Insubstantial Condominium Plat Amendment for the combination of Units 101 and 102 of the 700 Monarch Cdy,idominiums with the above conditions. PIP,- �-L lLt�- t> Di Moore, Planning Director Date ATTACHMENTS: "A" - Application Letter and Sketch of Subject Units "B" - Engineering Referral Memo 2 AUSTIN, PEIRCE & SMITHJ Attorneys At Law ; 600 East Hopkins Avenue Suite 205 Ronald D. Austin Aspen, Colorado 81611 lblephone (303) 925-2600 Frederick F. Peirce FAX (303) 925-4720 Thomas Fenton Smith Rhonda J. Bazil May 11, 1992 MAY I 1 Ms. Diane Moore, City of Aspen Planning Director 130 South Galena Street Aspen, Colorado 81611 Ms. Kim Johnson, Planner 130 South Galena Street Aspen, Colorado 81611 RE: Michael S. Maurer Exemption from Resident Multi -Family Housing Replacement Program Dear Diane and Kim: This is a request for a Certificate of Exemption from the provisions of Article 3, Section 18-3.1 of the Aspen Code. Attached hereto is a copy of the Pre -Application Conference Summary of my meeting with Kim Johnson. Based upon the information set forth below, we believe that we qualify for an exemption and request a Planning Director sign -off as provided in Section 7-1006 of the Aspen Code. This is the combination of two condominium units (Units 101 and 102) in the 700 Monarch Condominiums at 700 Monarch Street, Aspen, Colorado. Attached hereto is a copy of Paragraph 3 of the Condominium Declaration which authorizes combination of the units. We are in the process of obtaining the consent of the owners and their mortgagees to this combination and, of course, your approval would be subject to our success. Attached hereto is a copy of the condominium map showing Units 101 and 102. We have indicated by cross hatch the portion of the wall to be removed. These two units, 101 and 102, have not been occupied by working residents as contemplated in Section 18-3.1. Attached hereto is a letter on behalf of the current owners of Unit 101, John and Eve Molyneux, who reside in Australia. The letter from Dolomite Villas of Aspen by Tim Clark reflects that since 1978 when the Molyneuxs purchased their unit, they have rented it on a short term basis to tourists. AUSTIN, PEIRCE & SMITH Attorneys At Law Ms. Diane Moore Ms. Kim Johnson May 11, 1992 Page 2 Also accompanying this letter is a letter from Michael S. Maurer, the owner of Unit 102. Mr. Maurer indicates that he has owned Unit 102 for almost seventeen years. He resides in Indianapolis, Indiana, and has occupied the condominium himself and with his family, he has occasionally rented it short term, and it has not been rented long term to working residents. Thus, this contemplated combination of the two condominium units is not displacing working residents and we should be entitled to an exemption. Also accompanying this letter is a letter of authorization and our check in the amount of $290.00 for the application fee. We will have a mylar prepared amending the condominium map and it will be recorded reflecting this change. Please let us know if you need to sign the amended map. Finally, we have submitted a vicinity map showing the location of the 700 Monarch Condominiums. Please let me know if this application is complete or if I need to do something else. Thank you for your assistance. Sincerely, AUSTIN, PEIRCE & SMITH, Attorneys for the Applicant By: Ronald D. ustin RDA/smg Enclosures cc: Michael S. Maurer 4 C:\WP51\LE7TERS\MOORJOHN.RDA �t -- DOLOMITE VILLAS OF ASPEN Your townhouse wAjax Mountain. April 30, 1992 Aspen Pitkin Planning Ofv�c� 130 S. Galena Aspen, CO. 81611 RE: 700 Monarch Unit No. 101 io Whom it may concern; l hereoy affirm that Dolomite Management has been the rental agent for 700 Monarch Condominium Unit 101 for the past six years and we have been renting it on a short term basis to tourists during this time. I also understand that prior to our involvement with the property, the Molynuexs, who have owned the property since 1978, have short term rented the property to tourists throughout their ownership. Aspen Club Management Company was their short term rental agent prior to our involvement. If you have any questions please feel free to contact me at your convenience. Sincerely; !!!1iT a r k TWC/djb. Dclomzte Management 6eneral Manaqe' 650Bmskh Monarch Street * Aspen, Colorado 81611 * (303)925-7624 MAY — 4-92 MOH 1 7: 4 1 MCLur- e—r R i -Fk i nH i I I P_ O 1 MAURER RIF-KIN a HILL. P.C. ATTORNEYS AT LAW SUITE. 101 10585 NORtI-1 MERIDIAN STRFIT INMANAPOLIS, INb1ANA 46290-1066 ROBERT S. RIFKIN SHERWO00 P. HILL TF4[PI-�O NL t3i� D44-637Y �- May 4, 1992 — COUNSEL rcLecoP�e� MICHAEL j MAURER c3i71 5��7744 Aspen/Pitken Planning Office 130 south Galena Street Aspen, Colorado 81611 Re: Exemption From Oridnance No. 1 Dear Planning Officer This letter constitutes my representation to you that I have owned Unit #102, 700 Monarch Condominiums, for almost 17 years (June 1975). During that time, I have been a resident of Indianapolis, Indiana and have occupied the condominium myself and with family as a vacation residence. Although I have had some short term rentals up to 1987, I have never had the condominium occupied by a working resident as described in section 18--3.1 of the Aspen Code. (Sincerely, 44, Michael S. Maurer mstr : MDS cc: Ronald D. Austin, Esq. �r Aspen/Pit 130 Asp (303) 92 4&6"Or �0 It, a Office yet 11 197 001 09 Ron Austin Austin and Pierce 600 E. Hopkins Aspen, CO. 81611 June 2, 1992 RE: Ordinance 1 Exemption for 700 Monarch Condominiums, Units 101 and 102 Dear Ron, As a follow-up to our phone conversation of a few days ago, the Planning Office has reviewed the documentation you provided for the Michael Maurer exemption from resident multi -family housing replacement requirements. Zoning's knowledge of the property combined with the letters from Tim Clark and Mr. Maurer has allowed Diane Moore, City Planning Director to exempt the above referenced units from replacement regulations pursuant to Chapter 18-3.1.a. of the Aspen Municipal Code. This reading by the City Planning Director will allow staff to begin processing the condominium plat amendment which you submitted on May 11, 1992. As I need to forward this application to Engineering and Zoning for comment prior to Ms. Moore's review, the approval will not be complete for another three or four weeks. I do not anticipate any problems in receiving a favorable decision from the Planning Director, but if concern -generating comments come back from the referral departments I will contact you immediately. If you have any questions regarding this process, please give me a call. Sincerely, Kim Johnson Planner cc: Bill Drueding, Zoning recycledpaper MEMORANDUM To: Kim Johnson, Planning Office From: Chuck Roth, City Engineer (2`fZ Date: June 4, 1992 Re: Mauer Exemption from Housing Replacement Program - 700 Monarch Condominiums Plat Amendment Having reviewed the above referenced application, the engineering department has the following comments: 1. The applicant shall provide a plat amendment which meets the requirements of Section 24-7-1004.1) of the municipal code. It is recommended that a blueprint of the plat amendment be provided for checking prior to submitting two mylars for City signatures, together with recording fees for one set of mylars. M92170 MAURER RIFKIN a HILL, P.C. ATTORNEYS AT LAW SUITE 101 10585 NORTH MERIDIAN STREET INDIANAPOLIS, INDIANA 46290-1066 ROBERT S. RIFKIN TELEPHONE SHERWOOD P. HILL (3I7) 844-8372 COUNSEL TELECOPIER MICHAEL S. MAURER (3I7) 573-5564 April 28, 1992 Re: 700 Monarch, Unit 101 and 102 To Whom It May Concern: Please be advised that the law firm of Austin, Peirce & Smith, 600 East Hopkins Avenue, Suite 205, Aspen, Colorado 81611 is authorized to represent the undersigned in all matters with the City of Aspen and more particularly the land use process. Yours very truly, e Michael S. Maurer MSM:mds to nfley � in iAIr— I..),, aaey ndependence 'ass Cho" ti ROVF :(IA( r(l1Y SrFrtr Xmq Apww"enls Hun1w Cr"A Trerl "'OVA ASPEN MOUNTAIN 5� fie . LKT IA r■j 4 • r' , Q \F.i �. \Ir Irdrr IF.r IN I.N". A4— %1 r 1 �,Irrr SrrM Ir Hrl �rrrr 1-6 C Hi Nr CITY OF ASPEN y PRE-APPPLIICATION CONFERENCE SUMMARY APPLICANT'S REPRESENTATIVE:>� REPRESENTATIVE'S PHONE: �� 2 �P Oy OWNER'S NAME:- AeAj�, m k cie Ir SUMMARY 1. Type of Application: -DI R. Wit(, ►� D-t'1` 2. Describe action/type of development being requested: 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments Review is: (P&Z Only) (CC Only) (P&Z then to CC) Public Hearing: (YES) (NO) 6. Number of copies of the application to be submitted: 7. What fee was applicant requested to submit: 8. Anticipated date of submission: 9. COMMENTS/UNIQUE CONCERNS : �;ie D u frm.pre_app PAUJ ! u - ^Boaxd7 means. the Board of Managers of the Association. ws��.. ,.ALL, j�'if: �,•.it� � .. �% i .. ,, ..,' -. .1 iTivisiort of Property into Condominium Units. The real property I .. Y deSeribed is hereby divided into the following fee simple estates: +..;_ ..G ] Tta+ent}ft;�2d}separately designated apartment units and the undivided interest * .y ..1�tni t�he geal, common elements appurtenant to each unit as is set forth " ►tii�>Sihf� `A" attached hereto and, by this reference, made a part hereof. a i n;3ra 'AFC• ' �� 3. Combination and Division of Units. Declarant hereby reserves right for itself, its successors and assigns, to physically combine the area or space of one apartment unit with the area or space of one or more t r} adjoining apartment units, and the aggregate of the undivided interests in and to the general common elements appurtenant to such combined units shall ;' a r• be appurtenant to the one enlarged unit which shall result from such combina- -Z 1•,:y;,:Y,,�„, 'tion, .In the event of such a combination, Declarant shall cause to be filed 'for'. record an amendment to Exhibit "A" and to the Map describing and depicting is +." any such combination. Declarant hereby reserves the right for itself, its a. �` Vsuccessors and assigns, to designa`•3 portions of the general common elp nts '.1.'t contained within the perimeter walls, floors, ceilings, windows and doors of any unit which shall result from a combination as aforesaid, as limited common elements reserved exclusively for use by the owners of such unit resulting from a combination and to convey appurtenant interests therein to any such � Yam?•...- /. :1, 3\ * 4 OMIIerS.o y K! .:tAtv Limited Common Elements. 'l Aa) he balcony or balconies and patio or patios which ad;•Oin an ' �a�astme"!unit and which are accessible therefrom, shall be a limited common '. "element reserved exclusively for use by the owners of such unit, to the ex- �M ` r,41 1' clusion of all other owners, except by invitation. (b) The Board or the Declarant shall have the right, by rule or l,}, regulati_on, to number and assign to any apartment unit owner the exclusive riv#�Iege. to use any particular storage locker located in the first level of .� r rir+ 4} LL ..d► + fi ..i.. ti s y K, . 17►�C..�!..Si-i :i.,6111'b �'.-r....�a:i +� �_'��.d•.-...:1" i.w ��1.:'.��. -+L �. i..�iY!►.i. afi .. ASPENTITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 Phone 920-5090 FAX 920-5197 MEMORANDUM TO: City Engineer FROM: Kim Johnson, Planning Office RE: Maurer Exemption from Housing Replacement Program Parcel ID No. 2735-131-11-008 and -017 DATE: June 4, 1992 Attached for your review and comments is an application submitted by Michael S. Maurer, requesting an insubstantial condominium plat amendment. Please return your comments to me no later than June 10. I realize this is a short turnaround time, but the applicant needs this done as soon as possible. You will possibly be hearing from the applicant "begging" for a quick turnaround. Thank you.