Loading...
HomeMy WebLinkAboutcoa.lu.ex.Buckwheat-Subd.1978 I.. M E M 0 RAN DUM TO: RICHARD GRICE PLANNING FROM: DAVE ELLIS '~ CITY ENGINEER ~ DATE: December 19, 1978 RE: Buckwheat Subdivision Exemption Request Several meetings including a site inspection have been held with the applicants for this project. Both the City Attorney and the engineering department concur that this project is a subdivision of unplatted land and should proceed through the subdivision pro- cess, and it was this opinion which was given to the applicants. Also discussed with the applicants was the possibility that they could make application to the Planning and Zoning Commission for a subdivision exception to waive the conceptual review stage. The engineering department would consider an exception but recommends denial of the request for exemption. jk cc: Tony Mazza MEMORANDUM TO: FROM: RE: DATE: Aspen Planning and Zoning Commission Richard Grice, Planning Office Buckwheat Subdivision Exception January 11, 1979 The attached application requests subdivision exception for the purpose of subdividing a single family house out of same ownership as the Buckwheat Apartments. The property is zoned R-6 and the plat indicates that 6,028 square feet will be conveyed with the single family house. This will leave 22,654 square feet for the 8 unit apartment building. The Aspen Municipal Code allows for the Planning and Zoning Commission to grant an exception when in the judgment of the Planning Commission undue hardship may result from strict compliance. No exception shall be granted unless the Planning Commission finds: 1. That there are special circumstances or conditions affecting the subject property such that the strict application of the provisions of this chapter for which an exception is sought would deprive the applicant of a reasonable use of his land; and 2. That the exception is necessary for the preservation and enjoyment of a substantial property right of the applicant; and 3. That the granting of the exception will not be detrimental to the public welfare or injurous to other property in the area in which the subject property is situated. In this case, the exception requested would waive the conceptual review stage of the subdivision. The application was referred to the City Attorney who comments as follows, "I have no objection to allowing exception from the conceptual requirements of the subdivision regulations for the Buckwheat Subdivision." The City Engineer comments as follows, "After reviewing this application for exception from the conceptual stage of subdivision review, the City Engineering Department recommends granting of the request. The basis for this recommendation is the filct that the project consists sOlely of two existing structures situated on a non-conforming tract of record. The Engineering Department does not oppose the concept of the subdivision and any comments we might have would not be relevant until the preliminary review stage." The Planning Office recommends the granting of an exception from the conceptual stage of subdivision review for the Buckwheat Subdivision and thereby allow them to move directly to the preliminary plat stage. APPLICATION FOR EXCEPTION FROM CONCEPTUAL REQUIREMENTS OF SUBDIVISION REGULATIONS This document is an application on behalf of ANTHONY J. MAZZA, FRANK J. WOODS and MAURICE T. BRODIN (hereinafter referred to as "Applicants") under ~20-l9 of The Municipal Code of the City of Aspen for an exception from the requirements of ~20-l0 of the aforementioned code, namely the Conceptual presentation requirements of same, with respect to the real property described as follows: A part of the West 1/2 NE 1/4 of Section 18, Township 10 South, Range 84 West of the 6th P.M., described as follows: Beginning at a point on the Northwesterly line of the former Denver and Rio Grande Western Railroad Company right of way from which Corner No. 5 of Riverside Placer Mining Claim, Survey No. 3905AM, bears North 69028'40" West, 194 feet; thence South 0014' West, 118.15 feet; thence South 89046' East 120 feet to a point on the West line of Park Avenue; thence North 0014' East along said West line, 42.17 feet to a point on the Southeasterly line of said former railroad right of way; thence along said right of way line on a curve to the left having a radius of 945.25 feet and a chord which bears North 51018'40" East 64.26 feet; thence North 0014' East 67.58 feet; thence along a curve to the left having a radius of 895.25 feet and a chord which bears North 44051' East 51.27 feet to a point on the Southwesterly right of way line of Colorado State Highway No. 82; thence along said right of way line on a curve to the left having a radius of 1407.5 feet and a chord which bears North 61018' West 40.96 feet; thence along said right of way line on a curve to the left having a radius of 1407.5 feet and a chord which bears North 63006' West 47.56 feet to a point on the Northwesterly right of way line of said former railroad; thence along said former railroad right of way line, on a curve to the left having a radius of 793.53 feet and a chord which bears South 49036'25" West 168 feet, an arc distance of 168.32 feet to the point of beginning. County of Pitkin, State of Colorado. The Application involves an existing 8 unit apartment (known as the Buckwheat Apartments) and a single family house located on the aforementioned property. Applicant desires to divide the aforementioned property into two lots; the lot on which the house is located is 6,028 square feet and the lot on which the apartment house is located is 22,656 square feet. The lot on which the house is located will be sold to Dean Chiminis, the present occupant of same. Said proposed lot is under letter of agreement for sale with a closing projected for March 15, 1979. There is a specific contingency in the aforementioned letter that the lot be subdivided from the complete property at closing. It is therefore imperative that the conceptual provisions be excepted so that this time schedule may be complied with. Failure to grant this exception will deprive applicant of the reasonable uSe of his property, namely sale of the single family house. This exception is further necessary for the preservation and enjoyment of a substantial property right, namely the right to convey property. Finally, this exception will not in any way be detrimental to the public welfare or injurious to other property. Indeed, the granting of this exception will benefit the public welfare and adjoining property owners due to the fact that applicant will use the proceeds to improve the existing apartment building. An exception in this case will not conflict with the intent and purpose of the subdivision regulations which are directed to assist the orderly, efficient and integrated development of the City of Aspen, to insure proper distribu- tion of population, to coordinate the need for public services, and to encourage well-planned subdivision. The granting of this exception will not undermine the intent of the subdivision regulations as it is clearly within the area intended for exception under ~20-l9. The buildings are already in existence, and there will be no change in density which is presently in line with the desired popula- tion density for the property. Attached please find our check for $50.00 to cover the fee. We request that copies of this application, together with the survey, be circulated to the appropriate city offices - 2 - for review and comment so that this matter may be placed on the Planning and Zoning Commission Agenda for the January 16, 1979 meeting. Any questions about this Application should be directed to me. //' " AJM/ j j - 3 - ~ d , MEMORANDUM TO: Dave Ellis, City Engineer Ron Stock, City Attorney FROM: Planning Office, Richard Grice RE: Buckwheat Subdivision Exemption DATE: December 13, 1978 The attached application and plat request subdivision exemption for the purpose of subdividing a single family house out of the same ownership as the Buckwheat Apartments. This item is tentatively scheduled for review by the Aspen Planning and Zoning Commission for their January 2, 1979 meeting. In order to make this meeting, I will need your written comments to be returned to the Planning Office no later than December 26, 1978. Should you have a problem with makin9 this deadline, please let me know immediately so that I can reschedule the application for a later date. Thank you. .""...... r"'" ,,... CIT PEN MEMORANDUM DATE: January 2, 1979 TO: 2ichard~ FROM: Ron (~toCkY RE: 3uckwheat Subdivision Exemption I have no objection to allowing exception from the conceptual requirements of the subdivision regulations for the Buckwheat Subdivision. RWS:mc '\ M E M 0 RAN DUM FROM: RICHARD GRICE PLANNING DAVE ELLIS ~~ CITY ENGINEER JJ-L TO: DATE: January 4, 1979 RE: Buckwheat Subdivision - Subdivision Exception Request After reviewing this application for exception from the conceptual stage of subdivision review, the engineering department recommends granting of the request. The basis for this recommendation is the fact that the project consists solely of two existing structures situated on a non-conforming tract of record. The engineering department does not oppose the concept of this subdivision, and any comments we might have would not be relevant until the prelim- inary review stage. jk cc: Tony Mazza I if , , . I I I. I I I t --- i' .. i I ' i ...., , ; , . I '. ' ,,' I ,j " , . ", - o , 1 o \, CITY OF ASPEN ,,/\.... \ !~ .,~ \ 1_ :2:=\ ~?;.':,.:.;':l ~ I . _~ ~~ ^wJ~Y'~eQ 0.{1J;.:a~ 1 ^ OJ''\!~ '\' /. 11,-/, ;'f 1.J^" '/," I I 'V-/'y_',.JP-'- ../.J r'<( ~'^' \ f-i!- .___" ~ :. _ (I' 0n ^ ::.~ vl j~W\l'"~ i ,..WIAMi . \-kLo.}.c.. Cffr.Jr<-~- t,~\ '\ .0',r' s: N~ .J.- )~. j).C~;W iC \ .;;)p ~OA \ G Vl- "2 - o .1 l i " I ,1 .' MEMO FROM RICHARD GRICE ~0 '. \J f\' \ (\, \ ,( '-l.Ir-' -.'::..',OCl " <\"\ ' \ \, w Q\ \ ~\\ L t. i~ 9 r-- . \ ~'. \o\vr"\\r.'V'\tf\ r ~ .... /\ 'J f \%(,t~r , , , , ~(\ '_~---r , " - '~ , I I ; j !' J " ! , : ! t , i . , t '; I 'ij ;: I i I I I ,- I ! , ,j I .il :1 ' " ! i I i I 0:1 , , i I I : j .i Ii " ., ~t II! " , 'j I ;1 ! ; I II ! I " 1 i I i j : I , I ,: i : i if I ;1 q " , I .1 '"../"";,~",'>.,,,,-i.,'r~~~-~ w t.~__ - '" , , ....... - ,...,-"',. APPLICATION FOR EXCEPTION FROM CONCEPTUAL REQUIREMENTS OF SUBDIVISION REGULATIONS This document is an application on behalf of ANTHONY J. MAZZA, FRANK J. WOODS and MAURICE T. BRODIN (hereinafter referred to as "Applicants") under ~20-19 of The Municipal Code of the City of Aspen for an exception from the requirements of ~20-10 of the aforementioned code, namely the Conceptual presentation requirements of same, with respect to the real property described as follows: A part of the West 1/2 NE 1/4 of Section 18, Township 10 South, Range 84 West of the 6th P.M., described as follows: Beginning at a point on the Northwesterly line of the former Denver and Rio Grande Western Railroad Company right of way from which Corner No. 5 of Riverside Placer Mining Claim, Survey No. 3905AM, bears North 69028'40" West, 194 feet; thence South 0014' West, 118.15 feet; thence South 89046' East 120 feet to a point on the West line of Park Avenue; thence North 0014' East along said West line, 42.17 feet to a point on the Southeasterly line of said former railroad right of way; thence along said right of way line on a curve to the left having a radius of 945.25 feet and a chord which bears North 51018'40" East 64.26 feet; thence North 0014' East 67.58 feet; thence along a curve to the left having a radius of 895.25 feet and a chord which bears North 44051' East 51.27 feet to a point on the Southwesterly right of way line of Colorado State Highway No. 82; thence along said right of way line on a curve to the left having a radius of 1407.5 feet and a chord which bears North 61018' West 40.96 feet; thence along said right of way line on a curve to the left having a radius of 1407.5 feet and a chord which bears North 63006' West 47.56 feet to a point on the Northwesterly right of way line of said former railroad; thence along said former railroad right of way line, on a cutve to the left having a radius of 793.53 feet and a chord which bears South 49036'25" West 168 feet, an arc distance of 168.32 feet to the point of beginning. . County of Pitkin, State of Colorado. The Application involves an existing 8 unit apartment (known as the Buckwheat Apartments) and a single family house located on the aforementioned property. Applicant desires to divide the aforementioned property into two lots; the lot on ,"."'-#";"":.;.....~.:.iii'.,.;.;;....~~""i'.~'''''.. ---..""" --"~,~~~~,~- ""- "" which the house is located is 6,028 square feet and the lot on which the apartment house is located is 22,656 square feet. The lot on which the house is located will be sold to Dean Chiminis, the present occupant of same. Said proposed lot is under letter of agreement for sale with a closing projected for March IS, 1979. There is a specific contingency in the aforementioned letter that the lot be subdivided from the complete property at closing. It is therefore imperative that the conceptual provisions be excepted so that this time schedule may be complied with. Failure to grant this exception will deprive applicant of the reasonable use of his property, namely sale of the single family house. This exception is further necessary for the preservation and enjoyment of a substantial property right, namely the right to convey property. Finally, this exception will not in any way be detrimental to the public welfare or injurious to other property. Indeed, the granting of this exception will benefit the public welfare and adjoining property owners due to the fact that applicant will use the proceeds to improve the existing apartment building. An exception in this case will not conflict with the intent and purpose of the subdivision regulations which are directed to assist the orderly, efficient and integrated development of the City of Aspen, to insure proper distribu- tion of population, to coordinate the need for public services, and to encourage well-planned subdivision. The granting of this exception will not undermine the intent of the subdivision regulations as it is clearly within the area intended for exception under ~20-l9. The buildings are already in existence, and there will be no change in density which is presently in line with the desired popula- tion density for the property. Attached please find our check for $50.00 to cover the fee. We request that copies of this application, together with the survey, be circulated to the appropriate city offices , - 2 - O~""~' .~" .~"..''':''':.i.oooi,~:'>'.4<~.~:'';:'J~'''''''~''~~'''''''''''''"''''-'.'"'''':''.-;C'''' .,... '-""",:"~.........,,,. .''';'O-,......~.""..,...2fW.''''""~~_ '. ~'- ~ , , , ' '""",~ for review and comment so that this matter may be placed on the Planning and Zoning Commission Agenda for the January 16, 1979 meeting. Any questions about this Application should be directed to me. / / ! \" AJMI j j . - 1 - " ,I APPLICATION FOR EXEMPTION FROM SUBDIVISION REGULATIONS This document is an application on behalf of ANTHONY J. MAZZA, FRANK J. WOODS and MAURICE T. BRODIN (hereinafter referred to as "Applicants") under ~20-l9 of The Municipal Code of the City of Aspen for an exemption from the definition of the term "Subdivision" with respect to the real property described as follows: A part of the West 1/2 NE 1/4 of Section 18, Township 10 South, Range 84 West of the 6th P.M., described as follows: , Beginning at a point on the Northwesterly line of the former Denver and Rio Grande Western Railroad Company right of way from which Corner No. 5 of Riverside Placer Mining Claim, Survey No. 3905AM, bears North 69028' 40" \'1est, 194 feet; thence South 0014' West, 118.15 feet; thence South 89046' East 120 feet to a point on the West line of Park Avenue; thence North 0014' East along said West line, 42.17 feet to a point on the Southeasterly line of said former railroad right of way; thence along said right of way line on a curve to the left having a radius of 945.25 feet and a chord Which bears North 51018'40" East 64.26 feet; thence North 0014' East 67.58 feet; thence along a curve to the left having a radius of 895.25 feet and a chord which bears North 44051' East 51.27 feet to a point on the Southwesterly right of way line of Colorado State Highway No. 82; thence along said right of way line on a curve to the left having a radius of 1407.5 feet and a chord which bears North 61018' West 40.96 feet; thence along said right of way line on a curve to the left having a radius of 1407.5 feet and a chord which bears North 63006' West 47.56 feet to a point on the Northwesterly right of way line of said former railroad; thence along said former railroad right of way line, on a curve to the left having a radius of 793.53 feet and a chord which bears South 49036'25" West 168 feet, an arc distance of 168.32 feet to the point of beginning. County of Pitkin, State of Colorado. The Application involves an existing 8 unit apart- ment (known as the Buckwheat Apartments) and a single family house located on the aforementioned property. At present, ~-, the house is rented by Dean Chininis and the apartments are rented by 8 various tenants. The granting of this Subdivision Application will not result in any tenant dis- placement. Dean Chininis, the present tenant of the house, will purchase same. The tenants in the apartment house will not be affected in any way by the granting of this exemption. Due to the fact that this Application concerns existing structures and there will be no tenant displacement, undue hardship would be created and applicants would be deprived the reasonable use of their land if this exemption Application is not granted. The proposed division will create two lots, the lot on which the house is located is 6,028 square feet and the lot on which the apartment house is located is 22,656 square feet. An exemption in this case will not conflict with the intent and purpose of the subdivision regulations which are directed to assist the orderly, efficient and integrated development of the City of Aspen, to insure proper distribution of population, to coordinate the need for public services, and to encourage well-planned subdivision. Unless this exemption were allowed, applicants would not be able to sell the single family resi- dence. We do not believe that the granting of this exemption will be detrimental to the public welfare or injurious to other property in the area. The granting of this Application will not under- mine the intent of the subdivision regulations as it is clearly within the area intended for exemption under ~20-19. The buildings are already in existence, and there will be no change in density which is presently in line with the de- sired population density for the property. Enclosed find our check in the amount of $50.00 to cover the subdivision exemption processing fee. We 2. i"".... ,~ request that copies of this letter, together with the sur- vey, be circulated to the appropriate city offices for review and comment so that this matter may be placed on the Planning and zoning Co~mission Agenda for the first meeting in January. Any questions about this Application should be directed to me. Very truly yours, / I 4:\f) ! r'j" I {/ 'AnthO~y J. AJM:dr Enclosure , 3.