HomeMy WebLinkAboutlanduse case.AP.700 S Monarch St.A44-92
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CASELOAD SUMMARY SHEET
City of Aspen
PROJECT NAME:
Project Address:
Legal Address:
APPLICANT: Michael S. Maurer: Maurer Rifkin & Hill
Applicant Address: 10585 N. Meridian st.: Indianaoolis. IN
REPRESENTATIVE: Ronald D. Austin: Austin. Peirce & smith
Representative Address/Phone: 600 East Hookins. suite 205
Asoen. CO 81611 925-2600
PARCEL ID AND CASE NO.
2735-131-11-008&017 A44-92.
STAFF MEMBER: KJ'
::c..s"..4"t-'h~ ~. PIa> A-e--.e
Maurer Exemo. from Housinq Reolacement Proq~
700 Monarch Street: units 101 and 102
DATE RECEIVED: 06/02/92
DATE COMPLETE: &;/3
--------------------------------------------------------------
--------------------------------------------------------------
FEES: PLANNING $ 200 # APPS RECEIVED 3
ENGINEER $ 90 # PLATS RECEIVED 3
HOUSING $
ENV. HEALTH $
TOTAL $ 290
VESTED RIGHTS:
Planning Director Approval: ~
Insubstantial Amendment or ~tion:
YES NO
Paid:
Date:
Dr ~ ;;;;~~;7==================================~==================
~1= ;,.)/ . City Attorney Mtn Bell School District
", ~:;;JD )( city Engineer Parks Dept. Rocky Mtn NatGas
0'~.. Housing Dir. Holy Cross State HwyDept(GW)
, ,t r./i Aspen Water Fire Marshall State HwyDept(GJ)
'I' rpJ'~AI City Electric Bldg Inspector
~ h~V I Envir.Hlth. Roaring Fork Other
~Ol " Aspen Con.S.D. Energy Center Clean Air Board
-W ~ DATE REFERRED: &~Lj-7J INITIALS: ~
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, ___ city Atty ~ City Engineer, ~zoning ___Env. Health
___ Housing Other:
FILE STATUS AND LOCATION :df /,..PAI-1
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MEMORANDUM
FROM:
Diane Moore, Planning Director
Kim Johnson, Planning Office
700 Monarch Condominiums, units 101 and 102
Insubstantial Condominium Plat Amendment to Combine units
TO:
RE:
DATE:
June 5, 1992
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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
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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
Co dominiums with the above conditions. /015/ q l..-
Director Date I
ATTACHMENTS: "A" - Application Letter and Sketch of Subject Units
"B" - Engineering Referral Memo
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AUSTIN, PEIRCE & SMITH tr/DI/';r
Attorneys At Law f . U
600 East Hopkins Avenue
Suite 205
Aspen, Colorado 816n
ThIophene (303) 925-2600
FAX (303) 9254720
Ronald D. Austin
Frederick F. Peirce
ThOmas Fenton Smith
Rhonda J. Bazil
May 11, 1992
MAY I I
Ms. Diane Moore,
City of Aspen Planning Director
130 South Galena Street
Aspen, Colorado 81611
Ms. Kim Johnson,
Planner
130 South Galena
Aspen, Colorado
Street
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
prov~s~ons 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 lOl
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.
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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.a~/JJJ~
Ronald D. ustin
ROA/ smg
Enclosures
cc: Michael S. Maurer
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DOLOMITE VILLAS OF ASPEN
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Your townhouse on Ajax Mountain.
~~p.r:i. 1 309 :l. 9'3:2
Aspen Pitkin Planning Office
130 S~ Galf!:!na
Aspen~ COu 81611
RE: 700 Monarch Unit No. 101
To Whom it may concern;
I hereby 6tfLrm 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 timsu I also understand that prior to our
involvement with the propertY9 the Molynuexsy who have owned the
property since 1978, have short term rented the property to
tourists throughout their ownershlp~ Aspen Club Management
Company was their short term rental agent prior to our
i nvol \lemi?nt"
If you have any questions please feel free to contact me at your
C onven i e~llC E' n
:3illcel'.ely~
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Dolomite Management
(3E'nf?r' a 1 r....lan a~~~ 0."?j"
650 Soutb Monarcb Street. Aspen, Colorado 81611 . (303) 925-7624
MAY- 4-92 MON 17:41 MaurerR
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MAURER RIFKIN a. 1-111..1... P.C.
ATTORNI!i:YS AT LA,W
SUITt 101
l05S5 NORtH IoIE~IOI"'N STR-==C'f"
INDIANAPOLIS, ',NDI..A;NA 4tS2QO.IOe6
JlOIlERT.. lIIIIl"l'\l...
S~ER:WOOO P, t-JLI..L
,..t;I,.,l['PHONt!..
(3r7) 844.8372
(:OlJNSf'L
MICHAEL. ""AUJ'lER'
May 4, 1992
"t~L.lI:c:opr!:1IlI
(3,71 ~7~.:::I::l-64
Aspen/Pitken Planning Office
130 South Galena Street
Aspen, COlorado 81611
Re. E~emption From Oridnance No. 1
Dear planning Office:
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,
vtv-JvrPf /~tU0-V'---
Michael s. Maurer
msU\:MDS
cc: Ronald D. Austin, Esq.
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Aspen/Pit
130
Asp
(303) 9
ing Office
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611
920-5197
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.
;jZelY,
Kim Johnson
Planner
cc:
Bill Drueding, Zoning
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MEMORANDUM
To: Kim Johnson, Planning Office
From: Chuck Roth, City Engineer C'f2-
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.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.
M92.170
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MAURER RIFKIN e. HILL, P.C.
ATTORNEYS AT LAW
SUITE 101
IOS85 NORTH MERIDIAN STREET
INCIANAPOL..IS. INDIANA 46290~I066
ROBERT S. FUF"KIN
SHERWOOC P. MILL.
TELEPHONE
{317l 844-8372
COUNSEL
MICHAEL S. MAURER
TELECOPIER
(317) !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,
~~
Michael S. Maurer
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CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PROJECT; -;m r1IOYIa~1-"-f. ~dtJW~~ - ~M ~.
APPLICANT'S REPRESENTATIVE: ~ 7:J...-r-'
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REPRESENTATIVE · S PHONE: '5'"- ?--Ce 00
OWNER'S NAME: jJJ(cJ,.uP "5, ma U" r €. r
SUMMARY
1. Type of Application: 'D,f<. . SIc.-n o+(
2... Describe actionjtype
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of development being requested:
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3. Areas is which Applicant has' been requested to respond,
types of reports requested:
Policy Areaj
Referral Aqent
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Comments
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Review is: (P&Z Only)
(CC Only)
(P&Z then to CC)
Public Hearing:
(YES)
(NO)
to be submitted: -..3 ,
submit: Ii 2ro f 90 ;:::~ 2-10
6.
Number of copies of the application
What fee was applicant requested to
7.
8. Anticipated date of submission:
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9. /COMMENTSjUNIQUE fONCERNS:
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~f,~,.!itl,",..,,~,.,me~s, the Board of Managers of ,the Association.
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~ r.f2'~:Di~i'd.~n:";~i'propertYinto Condominium Units.. ThE: rea1 property
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, .., '.desi:%;:J.:6ed':i.s I-.oreby divided into the following fee. simple estates,
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. '..~;(2d~para.tely designated aparb:!tent units and the undivided interest
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.,' :1;Q,'th6 general. CODlllOn elements appurtenant to each unit as is set forth
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''P.'W'-Y:;('h'.:t!f~':.A'':<attac1ied ,hereto and, by this reference, made a part hereof.
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;. .~.t!..4':;::'~:.~/3.'" Combination and Division of Units.
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';~~riqht for itself. its successors and assigns, to physically combine the
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?a:tea':or space of .on"e apartment unit with the area or space of one or more
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Declarant hereby reserves
~joini~q apartment-dnits,and the aggregate of the undi~ided interests in
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.iDd'to the, general common elements appurtenant to such combined units shall
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~'~."ap~enant to the one enlarged unit which shall result from such combina-
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<tion. . In the event of such a combination, D-er:larant shall cause to be filed
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:,'.'for:' record an amendmeJ'!t to Exhibit itA II and to the Map describing and depicting
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Declarant hereby reserves the right for itself, its
any such combination.
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successors a~d assigns, to designa~~ portions of the general common el~~~nt~
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any unit which sh~ll result from a combination as aforesaid, as limited common
elements reserved exclusively fo~ use by the owners of such unit resulting
from a combination and to convey appurtenant interests therein to any such
owners.
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.~:iJ{:~::'.'.l.::: ~;.~'~(~) The balcony or balconies and patio or patios which adj0in an
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.~ clusioa of all other owners, except' by invitation.
~~'~3i~,:/I": (b) The Board or the geclarant shall have the right, by rule or
apartment unit owner the exclusive
locker located in the first level of
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ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5197
MEMORANDUM
TO:
FROM:
City Engineer
Kim Johnson, Planning Office
Maurer Exemption from Housing Replacement Program
Parcel ill No. 2735-131-11-008 and -017
June 4, 1992
RE:
DATE:
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.