HomeMy WebLinkAboutcoa.lu.ex.729 W Francis St.1977
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Recorded 3:05 P.M. h"ri1 4,1978 Julie Hane Recorder
Reception II
202948
\,1l!(315 ~626
STATElffiNT OF EXEMPTION
FROM THE DEFINITION OF SUBDIVISION
.lliEREAS Harvey Carter is the o"~er of a parcel of land
located in Pitkin County, Colorado, more particularly
described as:
Lots C and D, Block 16, City of Aspen
Pitkin County, Colorado
WHEREAS the Applicant has an existing duplex located on
Lots C and D, Block 16, and
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WHEREAS Applicant has requested an exemption from the
definition of subdivision for the purpose of subdividing
the existing duplex through condominiumization, and
WHEREAS the Aspen Planning and Zoning Commission, at its
meeting held on the /::,,'- day of ~/, 19 7'7 , deter-
mined that an exemptIOrlfrom the e ~n~tion of siibCITVision is
appropriate and recommended that the same be granted, and
WHEREAS the City Council determined that the subdivision
of the existing duplex through condominiumization is not within
the intent and purpose of the subdivision ordinance set forth
in Chapter 20 of the Aspen Hunicipal Code,
THEREFORE, the City Council of Aspen, Colorado, does
hereby determine that the proposed subdivision of the duplex
located on Lots C and D, Block 16, City of Aspen, by its
condominiumization, is not within the intents and purpose of
the subdivision ordinance and does, for such reason, grant an
exemption from the definition of such action,
PROVIDED, HOWEVER, that any existing tenants be given
written notice when their units are offered for sale, which
notice shall specify the sale price. Each tenant shall have a
90-day option to purchase this unit at this price. In addition,
each tenant shall have a 90-day exclusive non-assignable right
of first refusal to purchase his/her unit which shall commence
when a bona fide offer is made by a third person and accepted
by the owner. In the event that such offer is made while the
90-day option is still in effect, the tenant may purchase the
unit for the amount of the initial sales price or the amount
of the bona fide offer, whichever is less, and, provided,
however, that all units shall be rest .cted ix- (6) month
minimum leases with no more than tw ) ort tenancies
per year.
DATED:
March 1.2...-, 1978.
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MAYOR
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~[)O1( 345 PACE 627
I, KATHRYN S. HAUTER, do hereby certify that the
foregoing Statement of Exemption from the Definition of
Sub4iv~sion was considered and approved by the Aspen City
Counci,'l> at its regular meeting held Monday, ~
:I!L,~9 ~'l.' ,At which time the Hayor, Stacy Standley, III,
w<l,s .,tt\:thpJ;,i~eP;ltP execute the same on behalf of the City of
As"'eJ;l,F " S ..... '
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STA~"O'F"COLORADO
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C0UNTYOF PITKIN
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THRYN S(J AUTER, CITY CLERK
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The foregoing was acknowledged before me this ~ day
of March, 1978, by Stacy Standley, III, and Kathryn S. Hauter,
personally known to me to be the Mayor and City Clerk,
respectively, of the City of Aspen.
Witness my hand and official seal.
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My commission expires My CsmlTds:iBR 8J:pirc ,;Z.:I;;J;j 31, 1:-;$~\ . .", ", ''v,'
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lldt ,in t)j(' h;j:;('l~\(:nl. '1')1(' l,ui lr!~-1\'~ dr']lillUlil'ld illV',:;Lilj<llr'rJ j I:i.. 'j'JI")'(' j,;; <1 11<;\'r';III'I'r It)
\t'JHlr'lll'lul.l frolii )'p'l(']- n()J-.r'nr:l'-.d \':):(1 iJ!:;jl('l:L,'d lh" IJ\I_iJditl'-l. 'j'LI')!.' \)<1:: d (,oul.-'l_cl/dl'l 1.0
-(:IIlOV(' llir, thinl llJ]jl CJ,t,/[{J:1 J.1",/lIJjlJ, ])l1ildiij(J j)I::p"cl(JI"1 fr;]1)11J thcll ill) iJli)]q?; !1::r1
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~!'P]"("JI' tL<: :;\)J,divi:;!oJI c;':"];lf,ti,,)) ,~f.lli'j';'_'l lo il,,' t]I)-('(' ~:lolJili"I!! cf.lI"J'J'I, (1) :;iy. l:I"l:th
,~injlllulll J('(1:;(', ()) ~o diiy fil.-:;L ) j'Ji:L 01 ](du:;,ll, ilJlU (3) ,-I)ld l'':l~/m('nj of the U:llk d(-'(Ih~il-
. j on f ('c~ 1 ;, llU th~l! ULi_oJ tu l'( 'co nLi_nu Ul(; 2/. 0 ';l~1'V j C{,' llc ( C'jliovcd.
:Ollnci1J:i:ln !h>llrUlclt JiI\)V"U to i-Il'jJ)"(J\'c' tlle' ~~u)Jdi,/j,:
'cJndjtinn'~ a~; 1j~;lcd itWj thilt tJl(' )t~O he' JeIll0vr,(1;
',:LVel]" vii t)J the c'xcc'plion of Coune) llil,HJ Ilc~r~_~h()y.
i_OJi (,;':t 'lii),l ion \".1 ell
;'~(~C01ICk'd )''i Cnllllci
Jllotiol1 c:l1Ticd.
tlle:' tliu'c' ~;t'iJ:ddnl
ITltan Van J.JL':~::;' 1111
in
;llBI)JVJ~~JO)) FXU.JJ'TJm: ...; Ilc~llcr '1'J jplr,x
~ilnc cxpJil,in(:d tn C(Jull(:j1 thi~_; i~; tl three unjt trjplc'x on the corner of ~}tllt'r~; all(l '<'c'st
~I)d. City Ell\jinccJ TJi:\'C: Ellj,; in,_;),eClcd U\0 ~;it:(, and found LlJc~ sidc\':iJlk lJ(ln-c'xi.~;tc~n1 and
If;]:(~d tJ]{;y ill;;LnJl il ,:;Jc!cwcllL. 'J'iv' p.1allninSj ()1cfic:e n'cull1illl')ld:; app,'o"/C::-Il of tho suhci.ivi,';ioll
~XC1:1pL~Olj \,'i-Lh :~iz nnnllj minimum l(-,il'>(' YC;;lLlcLion, 90 cldY ri{Jhl of fir~;t rC'fu~;"l, t!nr1
;iIYJ.'~~)it 1)[ puTl; rlcd5c0tion icc~>1 aJlu ~;dLi.'.;factic)!l of the Cily l.:n~Jin(:cr'.'> requircl1H'lil to
r,,;t<,l.J !l ;,iclc\':,:llk. Ktlne 1:o1c1 Council tlJat all Ulljl."~ "JeTe 'iLoul tl:(~ ~;ilwe size, SOU :,quarc;
:ooL.
;idcon Li1)-i:;llun, rcvrc)scntin'] no] .leI', told Counc_l1 tho.t- upon jn~e,;p('ct:jon of tbe pn:l"j ;;('.'i, it
ibcl'.',':; t).;j\ 1:0 '(11E' ha~; ~;jl1("",'Lllks \yith.ll1 t.'dO hlocJ:s of the: place. K()ufJ:1,JJl sur:JCj(H,t-jnlj
joinin'J ,I .';iclr---,\",<!lk jlilproV'3ncnt district and not_ puttin9 ill a .'-;ideVli:llk until uther !)('oplc:
10.
:oun(: [,1\'.'U;;!011
JS outJinccl;
,]0]1,n.";to11
secolld('c!
moved to i1pprovc the GuLclivision
by CO\llicillTllill JJC'r~~llC'Y.
cx(:mptj 0))' yli tll
ttlC four conditioJls
:ollncil1:L!1l \lon l'Jcss staled be had never ~;e(;n anything LCllc'ficial allouL s.idc~\.".al):s .in a
~e:;oic1cllli:t'] ,,_n":l. Cement pavements is inc()n~;iGLC;i1t v:.ith \..'l;,'iL. Council [.;Lands fcn. Council-
."~rn<ln llol1n."_~ton \'.'1. Lhdr('.<l UIC cond.1iion for sidewalk;; [rom her rnoljon.
~ity LrisjnC'L'l' ElLi~; told Council that gener,d_ly he has not a,c;]:c9 for sic10'.-!<llks ,.I-,( ~~c there
l:-C none or WhCTl_' it does not apj)c,'lT to be likely in the future. 'j\b1.,_; is i'I \'( ~gh
iensi ty <.Ired 1 unCI the sic1(-~w~l1J: is approved on the sidc",'dlk plan approvc1('l in lSl"i
\.11 ill favor, with the exception of Coul1cUman Del1rcndt.
notion can icd.
)uB~~1~2_~~_}__~_\~__G\Er.iP.:t]2B - c.::nter. LJcpl(~x * ~
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(ane tohi CueJlejl this Duplcox is locutcd at 779 \h:sl Frclncis. Thc' PJ<lnr.1jnQ Off.iC('
:cC(l]:1mc');c];- ,lprrovill \,:ilh the three :;Lancli:rd c(jn:1i.tioll;~; si:;..; manUl rental restr.ictic'l1,
)0 d21:{ r.i~Jht. of first refusZll, ond lJ'lVmCl,t oj the l'-lrJ" rl0rli('i-1j-in)1 f0"
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~ounc.i .l\'.'0n,:l;) "1ohn~::;tO)1 movc,c1 t.o approve t;~C'
Yutl i lled; :_>'CO!lClr'd by Councilnian Ilc-rsJlcy.
."3ulxl__ivif:;1.on c>:cmplion \'7.1 t], the
All .in fovur, motion carried.
conch -tj o"s as
JunLIC J]; ,\i::1NG -. Use of H(>vcnuc Sk,ring Funds
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Iil)'or Standley Ol_)cflcrl the public h~~lLiWI, COt~nci']\'7Cfl1l:11 aohnston r.oJntcd out Ulo'lt the
;'edcl"cll GO\'~HlJrn('nt \'.'i11 accept ,J r,licl-ccnsu;: flCit,rC, \','h1cl1 i:; b('in~f ('1(1;,(' nO'd, and \,'hich
nay ell.lurq~' lI.spc>n's r(~\'enuc sll..::rinq :funcl~;. ~!,lyor Standley told COtuc.i] it. i~; 0 Fc,lvri1.l
:-equirC-']11Cnl tu ]kVC d public hc,n-in9 on tlll' U;'C' of 1:CVC1:L1C ~_;]J;'ll-illCJ flllld::;, which ilTl: il
.>art. of tho Cj toY I s bud9ct.
'1(1:,/01' Stt~!':d]('y closed tJw pubJjc 1]('ilY'inq.
)RDINi\hC1: ,~_~:!I__.f2x:nJ~~~(JE_~ 1~n7 - Hio Grolllk 5]'1\ re:'.C>Jli llq
'!ayor ~)LilJH11cy opened the pubUc lH.'oril1g.
l:he } Itlbl ic heal: i nq.
'J'lil'rc "','('1'0 no ('om;,lcnts.
i'l<l)'or StllJ)(llcy clo;;cd
:ollnci.ll:'~ln V"_J1 N('s~_; moved to read OnlinaJ1cc ~St11 S('ri(',~ of 1977; scc('lH1cc1 by Councilrun
'011'ry. 1\1J ill f<1vor, motion e,:uTiccl.
OHDINlI,!'\Cl: ;; ~jtJ
(SC'r:il'.'~ 01 1977)
AN OJ~!iJNM~CE m~;:ONl NC 'j'lll: ,\l'PIWXJ ;'\1\'1'1:;,], 11. SO ,\C!n:s OF LiViD OW.JJ:1l BV 'rll!~
Cl']'Y (11' N;}'Fi~ i\~U J:NU'.'.'N i\.'-i '1']11: "IUO C1~:'\;<I)E" l\l:Ol'i:l~'L'Y, ,\CCl)~~PJr\c TO l\N
APl'HOVI:U SI'J-:CJi\LLY I'LT\i~r~;:j) i\l~J::\ i'V\:<'j'U,: )'].i\i') 1"Oj, Ti!I'; :-~]TJ:, 'j'I!I,: }-;J,nlLNTS OF
\\ilJCll j'l?\~;'J']':i, 1'J,,\N IdLL ('()\'~~'I'l']'ll'i'l: 'n::: !)!-;vr:J.(l]'1,1U.,"]' 1,1:CUL?',';' I n;;~~ ],'O!, 'I'll I,: I\I,J::\
ALL 1\S ]'l,lJVJllj':U JI\' 1\1,'1'JC1.1: VJl OF Cl\.-\l''L',i:E ::q OF Till: l\:,j'l::~ l'Wi;JCll'i\J, COIn:
\'hlS l:c<HI by tllC cjty C1ell\.
~Ollll(:i l\:P!I\,ll'l lJuhlJ~;lon l:l()\T('d to ,!(l01'( Onlj1Jiilll.;e ij~J'l, :~t"rit':; (If 19"/"J, C'll ~;(,c(lllcl n'dd,itlfj;
;('colld(,.! Ix)' l'(lu)lcjb:tll lh',hr('ndl... 1~(dl cit.ll vi'Ll'; CnllllCilli1<'lli)'('l:; H\'l!l'\'lldL, il),'t'; Ih'1~;ilCYI
lye; ,lr.)l11~;ton, 'IYI'i l'~llTY, <1}'l'; Vdll ;~('~;~;, "'Yl'; \'j'j,..,hdrl, dye; ~1.1')'(11- ;_;ldll.Jlt,y, 'JYt'. notion
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l\U)il'~;\r!\'I, i_i__r_;(" ~:I:HIJ:;, ell-' 11)'/) -. h!;lll'l" n,IjJI ,l-'xt<'j",',lOJl t1u!:;i,]{, C.1\.)' l,ilHil~:
ldY(Jt. ~:1,1Ihl1\'y nj','lll d thv pull.! it hl',ll"iJj~l.
he ~I\ll ,J 1 C l'l'tlt' _i tl'.l.
Tl1l" j"(' h,' l'l' Jh) "t ').lI!!\ n { :;
Jl!.ly()r !:l<lJJdJ\'y (.Jel!i,'d
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M E M 0 RAN U U M
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TO:
Aspen City Cuuncil
FPor~ :
Planning Office (KS)
RE: Subdivision Exemption Applications:
t100re Dup 1 ex
He 11 er Tri pi ex
Carter' Duplex
DATE:
November 9, 1977
Over the last several weeks, th~ Planning and Zoning Commission has
considered several subdivision exemption applications involving two
duplexes and one triplex. Each of them requests permission to condo-
miniumize. Because City Council hos not acted'on the proposed condo-
miniumization ordinance, the City Attorney has advised us that we m~y
not consider any factors regarding the conversion's impact on the
supply of low and moderate income housing other than adopted Counci 1
policy to condition such conversions on a 90 day right of first refusal,
six month minimum lease restriction, and paym2nt of the appropriate
'park dedication fee. The details of each application are summarized
below. The Planning Office will bring copies of the improvement
survey to your meeting.
MOORE DUPLEX
This duplex owned by Barabar i'kLaughlin ~'~oore is located at 8"10 \~est
Smuggler, Lots P and Q, Block S, of the original Aspen townsite. The
lot constitutes 6,000 square feet, which in the R-6 zone district, is
substandal'd in size by 3,000 squi'l'e feeL
It has been the pl'actice of the City not to look to zoning comJli~nce
when reviewing sLlhdivis"ion eXemption fot condomin-iwnizations of ex"istin9
building,~. The standal'd rat!il'r has been cCi'iwli,lnci' vlith subdivision
design standards such as (1) I'oads, pavine;, ~nd curb,,; (2) land surveys,
and (3) propel' utilities access and Easements. Th2 City [ngillecl', by
fiiemorandu;ll doted October 11 ~ "1977, has c0:'rt"ified thc)t the i[:1prcr/c'il1ent
S ur'vey s hOh'S such con for'ma nee. He noted ~ hc)',':ev i)(, "trli1 t the second s tOt'Y
balcony is built ,;L the propci'ty 'Iine in violat'ion uf the sid" s('tbacl:
requircfI!ent of five feet. Planning ad hnin~j discus,;cd th'is p(.cu'liarity,
but detL'nrlined, a~i(1in~ that this was a lI1i.lttor of zuning nnn-ccnpliunce
of an ex'isUng structlwc and that it was not \'/ilI'I'dlltl'd or ilppro,.-L<:e to
deal \Iith it throuCfh the snbd'ivision cX<ernption pi"ocruurc.
In v"jet''! of the app-]'ic2tion's c(n:pli2nc(~ \',!ith 5.ubdiv"]s'ion cil~sigll stllndardss
full sundivision prOCt::ssin0 "is not necrsscTY" The CJI{l11gt' in for-ill of
o\\fncrs};-ip does not li6VC 2ny adc]-)tional land US(~ impacts find thuj
e)(c:llPtiol1 from th(~ -Cul'j pi"'ocl:'Qure is appropr'icte.
The fl"i ~1lH) -j 111 and ZO!"j"j no CnilT;rj s, s i un thct~(;fm'(' \"CConiT:::.-ndpd (l ppl"0V III at
theil' Octoher lSti, re~ular l1icc,tilll' suhiccL to:
' -.- -.' ~
1. Tile G lnunth !;\-ili-inil.'::: lCi-lsP r'l'sir'ictioll.
? 90 d:-l,/ ri t of f-itSl rcfu~,:l to cxic;-tilF! tClldi"ltS.
:-L PdYi1h'~it t.h~: \1i\pl'Opl~i('Jt:C' !J;;l+- dc'dic(~-(-i(Hi ref' (h'hich the'
Ci ty f'-L:I":; ~Il-'l' dtl() tii': I'll cHv:i nu Uffi l:e Ii;) vt': dlccked (,nd
cel~t i fi (;(i) .
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I~clllorandum
I'a'](' TvlD
Hovcn~er 9, 1977
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One' final cOI,cIition at{acliC'd hy the' l'1iq,ning iJnd Zoning CCrm:nission Vii:'
to COlTect iJlW sinc(le fa:wily cIC'(.d rC'~trictiu:'; [Ji'r'tainingto thp properLy.
One 1'1\1 Incn;[J(,r poinj',(;d out thilt he' k'l if'ved UIU'C, Vias such il deed
resttictioil. l'ls. j.iuorcl~) attorney, hOv':evef~ has not found such to
ex'ist and I-Ie en,. chcck'ing further wit.h th(; City Attorney.
We have also .asked Clay tOil i.ieyr'ing to inspect the prpmises ancl certHy
that an ill egd 1 thi rd uni 1. in the basement ha:, been removed.
In summary, them, there c:re 5 conditions that might be attached to any
approva 1.
HELLER TRIPLEX
Nick Heller requests subd'ivision exernpt'ion to cOIJdominiumize a triplex
located on Lots Rand S, Block 113, Aspen, just northwest of the corner
of Waters Aven0e and West End Street. Zoning for the area is RMF. The
lot is 6,9uO square feet; if zoning compliance were an issue here, the
lot would be only slightly deficient as three 2-bedroom units would
require 6,300 square feet.
The City Eng'i neer has revi el-Ied
ering concerns are satisfied.
subdivision exemption approval
West End Street frontage.
the plat and indicates that most engine-
Dave Ellis does ask that a condition of
be construction of a sidewalk along the
The applicant has provided us additional information regarding disposi-
tion of the units, each of vlhich is 800 squal'e feet. ~1r. lIeller
currently resides in one and will continue to do so, he plans to rent
long term tho socond. The third unit \,ill be sold at the pl'ice of
approximately $65,000.
Inasmuch as the intent of the subdivision regulations have been met,
the Pl anni ng and Zoni ng Comm'j ss i on recommended approval at thei r October
18th meeting subject to:
1. 6 month lease restriction
2. 90 day right of first refusal to existing tenants
3. payrnent of the park dedi cd; un fee
4. Satisfaction of the City Engineer's requirement of a
sidewalk .
*-.C~liJ:rrE~ DU~L EX
The Carter duplex is locilted on a G,OOO squal'e fOc1t lot in the R-6 zone
district at 729 West Francis Street. Annie and Harvey Carter are
asking subdivision exemption approva'l in ordel' t.o condonriniwllize the
sevcn-year'-old tv:o stOty sh'ucture. Dave Ellis h3S made a site inspec-
tion and reviev,rc:.-d the imIJl~o\'t::rncnt sUl'l/ey and r:;2,_kc~s fC1.vor'i::ib-!(~ comnent.
He aquin find thCit the Cildii\!C in m\'nership ha~ nu ac!Jitioni11 Llnd IJse
i!l1pact~ and incsrnuch as t:1.; intent of the suhd-h,"ision rcquLltions 11.1\1(1
been l1lt.'t~ thE' Planninq 31ld /oni::q Ccnr,li::,sioI1 rocoi:n'ilCndc)d ilpprovCl'j of
the exe;l1ption at their Nuveii~bc~l' 1st. tiH:,ctint su:.!je::t to:
1. Six Illonth rniilj:~I~i::1 'ledstl r-e>",tr.iction
2. ~;U dclY ri~1 of f'iy,~:;t t'C'fu:;:\l to c;<-i~;(:'iI19 ten;-!nts
3. Pv'yi,!,.~nt of Lil' ?;ppr'cpr"j;-i Lp p(~rk dcc;-; ccftion fer
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fOIl>! II C. f. ll()rC~fL 8. 9. II l. tn,
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RECORD OF PROCEEDINGS
100 Leaves
Regular Meeting
November 1, 1977
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Music Studio for
Classical Records
Use Determination
in O-Office District
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Carter Duplex
Subdivision
Exemption
Planning and Zoning Connnission
questioned the public benefit. K1ar asked if he foresaw any problem,.
H~ said no but questioned the real need for it. K1ar disagreed.
Isaac felt the location and scope of the C-1 district is such that
the connnunity would not be hurt by having such a use in this district,
The wording of the amendment is such that it limits the uses strictly
Schuhmacher noted that to say "non-tourist" does not mean much any
more as there are many locals now. K1ar said that they have been
this close to amending this issue before and now that they have it
down, they should approve it. Schuhmacher asked what Webster's dis-
tinction is between "menu" and ufare" as this was one of the word
changes in the amendment. Smith said that was a suggestion by
City Attorney, Dorothy Nuttall.
Isaac moved to reconnnend to City Council that they find as a condi-
tional use in the C-1 district a coffee shop or food service intend-
ed as a non-tourist oriented sit-down facility with a limited fare
of specialty items, to be served as accompaniments to such activitie:
as reading, playing chess or other passive activity, and provided
that the operation: 1. Has no kitchen, 2. No food preparation
other than warming on the premises, 3. No liquor serviced on premise
K1ar seconded. All in favor, motion carried.
Baranko re-entered the meeting.
Smith explained the application. This application is proposed for
the former Aspen Valley Realty in the Victorian on the corner of
7th and Main. The proposal is for a music salon with a library-type
atmosphere where listening will be encouraged in addition to selling
records and tapes. The Board is to find it compatible with permittee
uses in this district. She said it is a justified application. Mus
studios are a permitted use although this is not specifically a stud'
as they are intended for instruction. She recommended against
tabling this case even though the two applicants could not attend th'
meeting.
Hedstrom asked if this wasn I t just an application for a record store-
that is glossed over with words like "salon" and "classical music"
but is essentially a record store. Smith said basically, yes. She
said that the Board had seen the same application in another distri(
that turned out poorly due to misrepresentation. This app1icationi
entirely different.
Isaac asked about parking. Smith said it was a potential problem.
This would be resolved in the conditional use hearing. There are
5 or 6 spaces there now shared with the Hickory House which uses mo
of them.
Schurunacher asked if they intended to use the entire building. Smi'
said yes, the fi~st floor ror the studio and the second for re,.;:id.?t:
and their offices.
Ensign moved to find that a classical record lr.u~5_c salon -j~; a 11:";,:::'
permitted c(~llditiOl....ally in the O-Offi~e ZL...gL~, 1~;Jcte s......cl.\,l.d.,d. AU
in favor, motion carried.
Smith c'xplnincd the applic;-:.tion. She ~..oted that the Ci.ty El1gil1t'l'r
has no problems with this application.
Isaac asked if anYl...llle was moving out. Kauffman saiJ -it wi't11d p~lSt; i
bJy be bought for "l1Iployee hou"ing.
Klar moved to rf'comlnPwl l'::H't1lpt ion to the strict appl icat i\\ll ~lr till'
suhdivision rt.'gu.1ations ~lppJying to the Carll'r llllpl(lx CPlhll1lllilliumi
7,:ll ion, :in.lSllltIch ilS till' intl'nt. of tilt" regul:lt ion:; havl' lh'l'll Clllllpl i..
..-
-
'......
~i
Regular Meeting
Planning and Zoning Commission
November 1, 1977
.
with and subject to payment of the park dedication fee, 6 month mlnl-
mum lease restriction, 90 day right of first refusal to existing tenant::
Ensign seconded. All in favor, motion carried.
Isaac moved to adjourn, K1ar seconded. All in favor; meeting adjourned
at 6:45 PM, to an informal discussion of the Creektree Final Plat.
.
, 9tJ~ ~';'.nJ2~
Sheryl ommen, Deputy City Clerk
il
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M E M 0 RAN DUM
TO: Aspen Planning and Zoning Commission
FROM: Planning Office (KS)
RE: Carter Duplex Condominiumization
DATE: October 27, 1977
Annie and Harvey Carter are requesting subdivision exemption for the
condominiumization of thier duplex at 729 West Francis Street. The duplex
was constructed seven years ago and is zoned R-6. They argue that full
subdivision reviews are not warranted inasmuch as the improvement exists
and no additional land use, density, or resource impact is involved.
Pending comment to the contrary by the City Engineer, we would agree
with the justification for exemption and recommend approval subject to:
1. Payment of the park dedication fee
2. Six month minimum lease restriction
3. 90 day right of first refusal to existing tenants
City Council has not acted on first reading of the condominiumization
ordinance, so no further information relevant to the housing impact of
the conversion has been requested.
lmk
,.
-
FEE SCHEDULE
(Subdivision. Exemption from Subdivision,
Rezoning.~rk Dedication)
Name of Project:
Harvey Subdivision Exemption
Address:
729 West Francis
Applicant's Name:
Harvey Carter
729 West Francis
Phone:
Applicant's Address:
FOR ZONES WHICH ARE R-15, R-30. R-40. RR and CONSERVATION the Subdivision Fee
Formula is as follows:
Conceptual $100 + $5.00/dwelling unit
...
Preliminary
$22.00/dwelling unit
Final
$3.00/dwelling unit
FOR ALL OTHER ZONES the Subdivision Fee Formula is as follows:
Conceptual
$100 + $60.00/acre of land
Preliminary
$280.00/acre of land
Final
$35.00/acre of land
X EXB4PTION FROM THE DEFINITION OF SUBDIVISION FEE: $50.00 11-9-77
REZONING APPLICATION FEE: $125.00 (once a year)
PARK DEDICATION FEE SCHEDULE
Jircor:n or P:~JCL::::J:l\:GS
n:' l!,y,fS
---------~-
cuYr~nt ~Tk~t VJlu~ of a p0Tccntaqc of the
l~nd propo~cd a5 the development zite. the
percentage of the l.:md bcinq i!ctcrmincd at the
rate of t~o and or.c-half '2~) ~crcz for every
one t.hou~nd (I,OOO) residents of the pro?o:;.cd
acvclo~~cnr (thut is, the n~mhcr of rcsiucnts
DUltiplicd by t~cnty-five ten thousa~dtbs
(.0025) of an acre per resident). thc number
of residents attributable to the dcvclo~cent
chall be calculated in the following na~c:r:
7YPe of Dwel1inq
Nnnber of Residents
PeI Owellinq V:u t
ftDlti-Family
st.udio 1.0
one bedroom 1.. 3
two ~drcoIl1 2.'
three bedroom 4.0
aDd 1.3 %or each additional bedroom
/
Single Family or Dpplex
one betl:rOO::1 1.3
b.-a bec;;c=::t 2.7
three bcc::-::>c:::J. 4.D
and 1.3 for e.J.ch adrlitional bedroom
A duplex st~~~~~~e shall constitute t~~ d~~llinS
unit~ :~r ~~~ pu=pcses 0= this s~~se=~icn.
(3) ~~ exa=ple of the application of the above
fo~ul~ is as foJ]c~s. ~s~unino tbe c~nst=uction
of one sincle f~:::J.il~ res~~~nc~-cc~ta~~:nq ~~~
bcdroo=s 0; a lot c~ntain:nq 15.:00 s~~~re ~cet
with a r:~ark.et ,..alue of $if>S.!lOO.DO (or -$4.33 per
square foot):
2.7 (2 ~~droom ~ 2.7 r~5idcnts) x 0.0025 acres
X 4J,~60 (square feet pt"I" .:!crc) x $~.J3 (r.lar-
1.ct value of land pcr sijU.1I"t" 1o<:-t) ... S1.;2"']3.15
to) Uni~rr~vpd land ~h311 ~ apprai~cd at the
C'urrC'nt r:::::: LL.t v,..duc of 1..he l~it(, in.:-ju,:h:1~ it:; v~luL'
attrit>u':.:.blc tD cur!:,. qutter.:;, ~.tr,,:.'t. ~,,,;c('1,o;.11k
end ci.J.1J.tjc<. ;:! J.llsta]]{"d 1:'11 thc C:"!tC 0: 1','l:\.it
:l!;;~lJ,.-'n':-t.. ]T'.':'l('\.('[~ l~'Tlj:.. sfl..lll J:..' "";"f)l~.;.",..J ,.c:orc.:n..-'
t.o tJJeir JJiqIJ".:.t .Jf:J f',>'Jt lJ,.;..c tiJ.k..Jl1.::j J.nt..::> cvn,~.Jvr.Q-
tion ('xi~.tjnr; :->-:"rll\-:--:"Ult'~; 1....hc1heT f'~ ::1ot th.-y ...!""('
conJOTmJ.n,.1. ~~,:rJ.,'t V;:J.]UC Jll.l.r bt> ~ct'~t.::l.nt~.lt(.j by
. docutllC'ntC'J pu:rch.1~t' pricc> (if an ..arr.l'!.> lcJI']lh
tTOlJl~;Jct iUlI not 1.1..'11' tll...ll1 t"',l yo'.I]"!> olJ) OJ hy .il!l)'
....1........ .,......nn.,;~.'.l .,,,'.,n,",o .,rnvjd.,,1 fh..Jf". a!;sl'!;scd
CUSTOMER
o
CITY OF ASPEN
FINANCE DEPARTMENT
o
CASHIER'S RECEIPT
01.111 LICENSES & PERMITS
511 D BUSINESS LICENSES
512 D SALES TAX LICENSES
513 D BEER, WINE. LIQUOR LICENSES
514 D CONTRACTOR'S LICENSES
516 D LIQUOR LICENSE APPLICATION
517 D DOG LICENSE
518 D CENTRAL ALARM LICENSE
519 D BICYCLE LICENSES
S20 D EXCAVATION PERMITS
521 D CONSTRUCTION PERMITS
522 D ELECTRICAL PERMITS
523 D PLUMBING PERMITS
524 D HEATING PERMITS
525 D SEPTIC TANK PERMITS 01.988,632,03 D XEROXING (DESCRIBE)
/ ) . l-r.,
nOTHER . ACCT. NO. ,
"GUd I U .1.:!'1.\;11 \p.
DESCRIPTION, (NAME, NUMBER, ETC,),
.,,/'
. \
'T
I I ,\ 1: I -..,
I
\
01.111 FINES & FORFEITS
561 D COURT FINES
562 D COURT BONDS. FORFEIT
563,01 D TOWING FINES, IMPOUND
563.02 D TOWING FINES, NOT IMPOUND
564 D TRAFFIC FINES
566 D FALSE ALARM FINES
568 D DOG IMPOUND FINES
569 D OTHER FINES & FORFEITS
01.111 OTHER MISC. REVENUES
579 D MAPS, CODES, ZONING REGS.
589 D OTHERS (DESCRIBE)
I:::::{) (D
t
RECEIVED FROM
nT:rl-! I
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,_. D.AW'NG .DA.D . .OX 50S. OALLA., TEXA..
CITY OF ASPEN
P. O. BOX V . ASPEN, COLORADO B1611
.
REPLY
TO I A:;re'l S~II/...
,.g,; ~bd,VI5/~ EA'e""f1:t~
L his c ~ l);> Bile /~ --.J
DATE /13}77 .. .
A-fJ.e.,.. revi e",c.l1j .(t~ /YrtYVf~1
S"1rv-ey "'''''/ u-takl0' a s/:,4
(l'I~h,;.... of J..cfs C'i D) ~, '
e"'1-i",€e.-..':" d"e..f( WtctK'e!>' "" ~o~'e
t-<..Ct.'I-"'~A~ ~ o/{l'n:V7:<( "'{'
-iN. e^evv.f/r-c~ rel(t~r/.
I
DATE
BY \~~
SIGNTD
I", >" I.....".'i., CU". T(,,,l."Ul"
. ~ ~ IttJ w-z-
tld 'iut ~~
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— Brixia Inc.
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Aspen/Pitkin Planning Office
130 south galena street
aspen, Colorado 81611
MFmnPAflnllm
DATE: March 16, 1977
TO: Clayton Meyring, Dorothy Nuttall, Mick Mahoney, C n H°ndelang
FROM: planning Staff (HC)
RE: Mouse House Redevelopment
This is a proposal to remodel the existing Mouse [louse building into an
apartment house. The use of the building has historically been for short-
term and long-term occupancy. The present buildings have 17 bedrooms with
the owner's residence having a kitchen and the lodge having one central
common kitchen. The proposed remodeling would contain the following units:
Owner's Residence:
(305 South Aspen Street)
First floor: Two one -bedroom each 512 sq. ft.
Second floor: One three -bedroom 1050 sq. ft.
Third floor: One studio apartment 75 sq. ft.
Mouse House: (125 14est Hyman Street)
Two one -bedroom units each 800 sq. ft.
Two two -bedroom .nits each 960 sq. ft.
The remodeling would consist of altering the interior spaces of the buildings
and not involve an extension of the building envelope. The number of bedrooms
would be reduced from 17 to 12 bedrooms.
Two questions arise concerning the application:
1. Whether subdivision review is required;
Whether a zoning variance is required due to the fact that
the proposed density is in excess of that allowed in the R/,IF
zone, i.e., 12,800 sq. ft. of land awe needed for this dwelling
unit density. `'
The comments of the Plannina Office are as follows:
1. We feel this proposal is in conformance with City policy to
promote long-term housing and reduce tourist lodging capacity.
Further, its location in the R/I1F zone indicates the appropriate
use to be for long-term housing.
0
Clayton Meyring, Dorothy Nuttall, Mick Mahoney, Don Hendelang
March 16, 1977
Page 2
2. The use of the building historically has included long-term
occupancy and as such a legal precedent exists for its use as
multi -family housing.
3. The building envelopes will not change as a result of the remodel
and no open space reduction is involved.
4. The apartment units are not proposed for sale but to be retained
in one ownership and managed on site.
5. For the above -cited reasons we feel no significant purpose will
be served by processing this remodeling as a subdivision and
determine that subdivision processing is not required.
6. We are unclear as to whether the proposed density would
necessitate a zoning variance. It appears that if the value
of the remodel is in excess of 50% of the value of the building
that zoning conformance is required.
Should anyone have reservations concerning these comments, or disagree with
our conclusions, please contact us.
Thank you.
me
• 0
MIXEPT11AL PRESENTATIOI
BRIXIA A PARTI•MI 1 S
PROPOSED I•:AME: 33rixia Apartments
LEGAL DESCRIPTION:: Lots G, H, I. Block 69 City and Tot•msite
of Aspen, Pitkin County, Colorado.
NUNMER APED SIZE OF LOTS: Three lots, contiguous, each measuring 30 ft. by
100 ft. for 3,000. sq. ft. each.
TOTAL SQUARE FEET OF LAND IN PROJECT: 9,000. sq. ft.
PROPOSED ;tiI,IBER OF U1:2IITS: EIGHT UNITS
rYP. , OF J-,- ,LING UNITS AND SIZE, OF EACH:
O dNERS RESIDEI-iM 305 S. Amen St.)
� rst floor: tiro one bedroom each 512. sq. £t.
Second floor: one three bedroom 1050. sq. ft.
Third Floor: one studio apt. 751" sq. ft.
I10USE HOUSE (125 ;,rman St. )
ti,m one bedroor., each 800 sq. ft.
two two bedroom each 960 sq. ft.
TOTAL PROJIECTED POP'L;LATIONj: TL-relve people
PRESEI?T POPULATION DENSITY OF LAND -,7HICli . OULD BE DISPLACED:
There are t m buildings on the 9000 sq, ft, lot. The ov.ner> residence
( 305 S. Aspen St. ) contains one five bedroom apartment. Additionally, four
dormitory rooms of the :souse Hou:;e lodge are located in this building.
The remaining building, : _pu^e TouGe lodge(125 ta. 1�; rnan St), has eight or
so dormitory bedrooms, plus a common ';itchen and living area.
Our nroposed romodeling uould reduce the nunber of bedrooms 'oy 30;;, from
17 to 12 bedrooms.
::orc: sign_.::.cantly, the -»�-?.at;;OONTMED NEXT - PAGE;,
WNCEIP AL PRESMIATION
FOR P!lOPOSED
17ZIXL1 APARUMITTS
3IT4:: LOTS G, H, I, BLOCK 69,CITY AI4D TOWNTSITE OF ASPEN, COLORADO.
APPLICAPIT: DANIEL HIAIDELANIG, P.O. BOX 8151(621 W. FRAI11CIS ST. )
ASPMT, COLORADO 81611
DATE 3UBI1ITTED TO PLAT NDJ.G OFFICE:
LARCH 16, 1977
J
• PA GE TdO
PRESENIT POPULATION DMITY OF LAND "=CH IdOULD BE DISPLACED, con't:
'gore sinnificantly, tho population density of the property would be to*,,:ored
from a full occupancy of 35-40 guests to 12-14 long tern renters. .I
2/3 roduction of population density.
aspen, colorado
0
81 61 1
•0
MEMORANDUM
DATE: September 19, 1977
TO: Members of City Council
FROM: Dorothy Nuttall V0
RE: ,louse House Up -date
The owner of the Mouse House has offered to sign an
agreement with the City which would impose the following limita-
tions and conditions upon his project:
1. Six-month rental restrictions.
2. Payment of park dedication fees.
3. Presentation for approval of a landscaping plan.
4. Submission to subdivision design standards.
5. Agreement to charge moderate rentals and a state-
ment of intent not to condominiumize.
This proposal imposes the major conditions that would
have been applicable had the project gone through subdivision.
If this approach is acceptable, I will draft an agreement and
distribute it to you for comments prior to its execution.
If this approach is not acceptable to any member of
Council, I would appreciate being informed of that as soon as
possible.
DN:mc
r n r�
IL C, �.o • v r n � A: �.n i
13 0SEA`. .t, 2c►
y i
fir t.,nPnilfl!IM
DATE: March 16, 1977
TO: Clayton ileyring, Dorothy Nuttali, Mick Mahoney, Can H,ndelang
FR0,'.1: T-,l anni rg Staff NO
RE: Blouse House Redevelopment
This is a proposal to remodel the existing Mouse House building into an
apartment house. The use of the building has historically been for short-
term and long-term occupancy. The present buildings have 17 bedrooms with
the ownF'r's residence having a kitchen and the lodge having one central
common kitchen. The proposed remodeling would contain the following units:
Owner's Residence: (305 South Aspen Street)
First floor: Two one -bedroom each 512 sq. ft.
Second floor: One three -bedroom 1050 sq. ft.
Third floor: One studio apartment 75 sq. ft.
Mouse House: (125 '.Test Hyman Street)
Trio one -bedroom units each 800 sq. ft.
Two two --bedroom units each 960 sq. ft.
The re�lodeling would consist of altering the interior spaces of the buildings
and not involve an extension of the building envelope. The number of bedrooms
would be reduced from 17 to 12 bedrooms.
Tl:o questions arise concerning the application:
1. Whether subdivision review is required;
2. Whether a zoning variance is required clue to the fact that
the proposed density is in excess of that all ol.red i n the Ri �1F
zone, i.e., 12,800 sq. ft. of land u�e needed for this dwelling
unit Jensi ty. �
The cor.-rlents of the Pl <;nll i ng Office are as follows
1. We feol t!lis proposal is in Conformance with City policy to
prot";)te long--tNT' 11"'usillf! all(I r"ilce tourist lodfling tV.
its lcjo? th/1F zone indicates the appropri a t
Further, o
Ilse to i t for loog-tLrrl housing.
•
u
Clayton Meyring, Dorothy Nuttall, Mick Mahoney, Don Hendelang
March 16, 1977
Page 2
2. The use of the building historically has included long-term
occupancy and as such.a legal precedent exists for its use as
multi -family housing.
3. The building envelopes will not change as a result of the remodel
and no open space reduction is involved.
4. The apartment units are not proposed for sale but to be retained
in one ownership and managed on site.
5. For the above -cited reasons we feel no significant purpose will
be served by processing this remodeling as a subdivision and
determine that subdivision processing is not required.
6. We -are unclear as to whether the proposed density would
necessitate a zoning variance. It appears that if the value
of the re:1odcl is in excess of 50'� of the value of the building
that zoning conformance is required.
Should anyone have reservations concerning these comments, or disagree with
our conclusions, please contact us.
Thank you.
me
:aoC:: 67 City and :'G::mSi' to
of Armon, r'o-anty, Colorado.
.."D JIZ". C: i'..nJ: `'!:rce lots, Cv^IZ�-urvo- s, each 'noa,''urinr- 30 ft. IOY
100 ice... �Or XCC . r^ . each.
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from, z �u11 occarar, 35 *^ ^ ' to 1.?_-11 t�
2/3 red».ction o= pon-.ilation nnn ty.
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aspen, c0io,r'"ri(1 81 61 1
MEMORANDUM
DATE: September 15, 1977
TO: Members of City Council
FROM: Dorothy Nuttall
S�
RE: Mouse House
Introduction
4iaq
6'4, —1
Questions have been raised regarding whether the con-
struction currently being undertaken at the site of the old
"Mouse House" is legal. The background is as follows:
1. The use of the Mouse House was historically for short
term and long term residency (basically boarding house, rooming
house or dormitory). This use is non -conforming under current
R/MF zoning.
2. This spring, a proposal for "remodeling" the Mouse
House was presented which contained two one -bedroom units (800 sq.
ft. each) and two one -bedroom units (960 sq. ft. each). This
use is permitted under R/MF zoning but the proposed density is in
excess of that allowed.
3. Because the old Mouse House was a non -conforming
use the question was raised whether the proposed "remodeling" con-
stituted a subdivision or was impermissible under the Code pro-
visions pertaining to non -conforming uses. A memo from the Planning
Office dated March 16, 1977, concluded that subdivision processing
was not required. The Building Department concluded that the
proposed changes were permissible under the Code and consequently
issued a building permit.
4. The owners have now essentially torn down the old
Mouse House and construction of the new building is anticipated
to commence shortly.
Issues Presented
1. :whether the building permit should have been issued.
2. Presuming the permit should not have been issued,
can the City stop the construction.
Members of City Council
September 15, 1977
Page 2
Discussion
1. Whether the permit should have been issued.
The pertinent Code provision are contained in Article XII
"Non -Conforming Uses and Structures". Sec. 24-12.4 provides in
pertinent part as follows:
a. No existing structure devoted to a use not permitted
by this code in the district in which it is located shall
be enlarged, extended, constructed, reconstructed, moved
or structurally altered except in changing the use of
the structure to a use permitted in the district in which
it is located.
C. If no structural alterations are made, any noncon-
forming use of a structure, or structure and premises,
may be changed to another use of the same or higher
classification, but such use shall not be changed to
a use of a lower or less restrictive classification.
d. Any structure, or structure and land in combination,
in or on which a non -conforming use is superseded by
a permitted use, shall thereafter conform to the regu-
lations for the district, and the non -conforming use may
not thereafter be resumed.
Under these provisions, an argument can be made that
a building permit should not have been issued for a building which
would exceed the density requirements in the R/MF zone. I do
not, however, believe that this determination is without legal
difficulties. The alternative argument is that the Mouse House could
be reconstructed so long as it did not increase its non -conforming
density. There are no Colorado cases directly on point on this
issue.
2. Presuming the permit should not have been issued, can
the City stop the construction.
The general rule followed in the majority of jurisdictions
is that a non -conforming use of land may not be established under
an illegally issued permit. In most jurisdictions this is true
even though the holder of the building permit has detrimentally
relied upon the improper permit.
Colorado courts do not follow this general rule. In the
City and County of Denver v. Stackhouse, 310 P2d 296 (1957) a building
permit was erroneously issued for construction of a four -unit mul-
tiple dwelling. The City subsequently determined that the applicable
• •
• •
Members of City Council
September 15, 1977
Page 3
zoning did not permit such a use. Prior to this determination,
the owner commenced work on the project. The City was estopped
from contesting the validity of the building permit because the
owner had commenced work.
In Miller v. Board of Trustees of the Town of Palmer
Lake, 534 P2d 1232 (1975) this rule was reiterated, with the Court
stating:
"Colorado has recognized that, in a situation where a
building permit was erroneously issued, the doctrine of
estoppel in pais is fully applicable against a munici-
pality if it is necessary to invoke it to prevent manifest
injustice."
In order for the City to be held to be estopped to deny
the validity of the building permit in the Mouse House case, the
owners would need to establish (1) their good faith, (2) that the
permit was not obtained under false premises or as a a "tactic",
and (3) that they have acted in reliance upon the permit, i.e.
commenced work and expended money.
My review of the file and discussions with Hal Clark,
Clayton Meyring, and the contractor do not indicate existence of
any reasons why estoppel would not apply in the present case. I
will, however, pursue this possibility.
Conclusions
1. It is arguable whether or not the permit should have
been issued.
2. The City is probably estopped at this point to deny
the validity of the permit.
3. Litigation on this case could be pursued if, in the
Council's opinion, the principal of a City's being estopped to deny
the validity of a permit is important enough to justify an attempt
to have the Colorado courts alter their current position.
4. In any event, Council should consider whether this
situation and the possibility of similar occurrences justifies
changes in City ordinances.
DN:mc
cc: Mick Mahoney
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As c !Pitk l_ P a waning Office
i.: C t'F a I
aspen, C-ol ado 81611
MEMORANDUM
DATE: March 16, 1977
TO: Clayton Meyring, Dorothy Nuttali, Mick Mahoney, Can H}ndelang
FROM: Planning Staff (HC)
RE: Mouse House Redevelopment
This is a proposal to remodel the existing Mouse House building into an
apartment house. The use of the building has historically been for short-
term and long -terra occupancy. The present buildings have 17 bedrooms with
the ovrr,e'r's residence having a kitchen and the lodge having one central
common kitchen. The proposed remodeling would contain the following units:
Owner's Residence: (305 South Aspen Street)
First floor: Two one -bedroom each 512 sq. ft.
Second floor: One three -bedroom 1050 sq. ft.
Third floor: One studio apartment 75 sq. ft.
Mouse House: (125 'West Hyman Street)
Two one -bedroom units each 800 sq. ft.
Two tyro --bedroom units each 960 sq. ft.
The remodeling would consist of altering the interior spaces of the buildings
and not involve an extension of the building envelope. The number of bedrooms
would be reduced from 17 to 12 bedrooms.
Two questions arise concerning the application:
1. Whether subdivision review is required;
2. Whether a zoning variance is required due to the fact that
the proposed density is in excess of that allowed in the R/MF
zone, i.e., 12,300 sq. ft. of land needed for this dwelling
unit density.
The comments of the Planning Office are as follows:
1. Vie feel this proposal is in conformance with City policy to
promote long-term housing and reduce tourist lodging capacity.
Further, its location in the R/MF zone indicates the appropriate
use to be for long-term housing.
Clayton Meyring, Dorothy Nutt.all, flick Mahoney, Don Hendelang
March 16, 1977
Page 2
2. The use of the building historically has included long-term
occupancy and as such.a legal precedent exists for its use as
multi -family h.ousing.
3. The building envelopes will not change as a result of the remodel
and no open space reduction is involved.
4. The apartment units are not proposed for sale but to be retained
in one ownership and managed on site.
5. For the above -cited reasons we feel no significant purpose will
be served by processing this remodeling as a subdivision and
determine that subdivision processing is not required.
6. We are unclear as to whether the proposed density would
necessitate a zoning variance. It appears that if the value
of the rer.iodel is in excess of 500 of the value of the building
that zoning conformance is required.
Should anyone have reservations concerning these comments, or disagree with
our conclusions, please contact us.
Thank you.
me
:-=i:-:ia Apa. to-cnts
^ z �Tn Lots - City and Toimsite
L:x:1Z, �_;:�� L 1 .. ,.,o ., � , n, I. :�l.oc 9 r
of dsnon, Pi',',in (7ounty, Colorado.
:VD 3I7.71 C ' iiiT3: Three lots, contiguous, each neasurin 30 ft. by
100 ft. for 3,000.sq
. ft. each.
0(�
1C11iL SZT:.'ia:_: 77r• L'= L
nn►i. l o_^ i1': l , i,VO. sq.l ft.
�.
C.r',::=�5 3U5 3. .ispen 3t. )
:first floor: taro one bedroom each 512. sq. ft•
Second floor: one tIlreo bedroom 1050. sq. ft.
_'bird floor: one studio apt. 750 sq. ft•
(125 .;. _y7?a.'? St. )
trio one bedroo.J each 800 sa , ft.
t-•ro two bedroon each 96U sa. ft.
XT.-IL P .OJ:^C^ 7 D PC•P: U=C:': ' ::e1ve- neoale
.;C;,'LD I„iLiC- -.-
:b } , l t i .L
(-ro are t-.70 i id ; S on c 901,10 f:q f V, 10 �. i_ c, mmor s residence
3_5 !iSpon ',t. ) con"wins ono ?1Ge bedroon aDart_n^rt. Addit4_onaL1y, fol'.r
c o_,r?itor roe* ^ of t'..� = o,:se :=o�:. e iod o arc located in '-I-Lisbui? dingy.
f ;u: rr.,rainin - '.c.ilc,ir, , ' .ouso :rouse loci"e(125 w. n:an 3t j, has eight or
no der-itoi^r bedrooms, plus a co -non 'kitchen and li-rin"• area.
u r proroca�d rrn,,odel in-r would reduce tho mu-ber of bodroons b,; 30,,, from,
17 t, 12 odroon!
CONTIi�L"�.,D NF,(T PAGrIt, -.
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AFFLICAI:T: iilt])aA:G, P.G. EG-f 3151(621 d. FAZA!"CIS ST. )
81611
:�iRc i 169 1977
0 Rl G: i riG
r;In� PC;F6LWIC:,
-. rmr ... .. .:.:ULD .:3DISPLICHIJ, cons :
!;ore sinnificant1;y, the population density of the property could be lo::ored
from a full occupariCy of 35- (,D F:''Jests to 1.2-14 ion- terrm renters. A
2/3 reduction of nopulation _ensi ty.
:)PKINS
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at 4:18PM July 8,4081 Loretta Banner Recorder A4034t
SUBDIVISION EXEMPTION AGREEMENT
WHEREAS, BRIXIA, INC., a Nevada corporation, (hereinafter
referred to as "owner") is the owner of a parcel of land
located in the City of Aspen, Pitkin County, Colorado, more
particularly described as Lots G, H and I, Block 69, CITY AND
TOWNSITE OF ASPEN, on which there is situate two (2) existing
four-plexes, and
WHEREAS, owner has requested an exemption from subdivision
regulation for the purpose of subdividing the existing four-plexes
through condominiumization, and
WHEREAS, the Aspen Planning and Zoning Commission, at
its meeting held on the 6— day of &14.,(� , 19Y61
determined that an exemption from subdivision regulation is
appropriate and recommended that the same be granted, and
WHEREAS, the City Council of Aspen, Colorado, has
determined that the subdivision of the existing four-plexes
through condominiumization is not within the intents and
purposes of the subdivision ordinance set forth in Chapter
20 of the Aspen Municipal Code,
NOW, THEREFORE, the City Council of Aspen, Colorado,
does hereby determine that the proposed subdivision of the
four-plexes located on Lots G, H and I, Block 69, CITY AND
TOWNSITE OF ASPEN, City of Aspen, Pitkin County, Colorado,
by its condominiumization is not within the intents and
purposes of the subdivision ordinance and does, for such
reason, grant an exemption from the regulation of such
action subject to the following:
1. Any existing tenant shall be given written
notice in the event that tenant's unit is offered for sale,
0
0
:a.
moK 410 P,-,v6c 9931
which notice shall specify the sales price. Each tenant
shall have an exclusive non assignable right for the ninety
(90) days following the tenant's receipt of the notice to
purchase his/her unit at the price specified in the notice.
2. Each tenant shall have a ninety (90) day
exclusive non assignable right of first refusal to purchase
his/her unit, which shall commence when a bona fide offer is
made by a third person and accepted by the owner and notice
of the offer and acceptance and a copy thereof have been
delivered to the tenant. In the event this notice of offer
and acceptance is delivered to the tenant while the ninety
(90) day right set forth in paragraph one (111) above is
still in effect, the tenant may purchase the unit for the
amount of the initial specified sales price or the amount of
the bona fide offer, whichever is less.
3. Each unit of the four-plexes shall be restricted
to six (6) month minimum leases with no more than two (2)
shorter tenancies per year.
4. For a period of five (5) years .from the date of
this agreement, Unit 4 at 125 East Hyman Street and Unit 4 at
305 South Aspen are hereby rent restricted and shall not be
rented for a rental amount greater than the present rental for
each unit, subject however, to increases as permitted by the
City of Aspen Housing Authority as dictated by increases in the
cost of living.
Dated this 13th day of
Attest:
Kathryn Koc , City Clerk
- 2 -
May
1981
ro rem
C7
Boos, 410 1. 994
BRIXIA, INC., the owner of the herein described property
hereby agrees to the provisions and restrictions contained herein.
BRIXIA, INC.
Attest:
S Pec r � -e t -�ar My-oo-f �-E "'"I I
f RA2gx1@X
ss.
REPUBLIC OF PANAMA
PROVINCE OF PANAMA
CITY OF PANAMA S. S.:
EMBASSY OF THE UNITED
STATES OF AMERICA
Aak=mkeEdg:eEd, Subscribed and sworn to before me this
17thday of March , 1981, by THOMAS E. BECK
as President and THOMAS E. BECK as Secretary of
BRIXIA, INC.
Witness my hand and official seal.
O ,
14
' (SEAL) 0
Martin W. Smith III
Vice Consul of the United States
of America
- 3 -
t
} ���,
��'F,.Y�. Y'�j�r
August 22, 1977
Ms. Karen Smith
City/County Land Use Administration
Aspen City Hall
130 South Galena Street
Aspen, Colorado 81611
Re: Annie and Harvey Carter
Dear Ms. Smith:
Please consider this letter a formal application to the Aspen Planning
& Zoning Conunission for an exemption from the term "subdivision", as
defined in the Aspen Municipal Code Sec. 20-3 (5), with respect to the
proposed condominiurnization of the existing two-family dwelling ("duplex")
located at 729 West Francis Street and situated on Lots C and D, Block 16,
City of Aspen. This duplex has been in existence for over seven years
and has been used as a two-family dwelling for the same period. The prop-
erty is presently zoned R-6 Residential, and a duplex structure is a per-
mitted use under the applicable zoning regulations. The condominiurnization,
then. is solely for purposes of modifying the nature of ownership of this
structure, and will involve no additional land use, density or resource
impact.
For the foregoing reasons, it is respectfully submitted the contemplated
"division" does not fall within the intent or fJUrpose of Aspen I s Subdivi-
sion Regulations, which are expressly designed to assist the orderly,
efficient and integrated development of the City of Aspen, to insure the
proper distribution of population, to coordinate the need for public
services, and to encourage well-planned subdivision.
Current City policy allows an exemption from subdivision requirements for
the condominiurnization of existing duplex structures, and it is further
submitted that there is no meaningful distinction between such an exemp-
tion and the exemption of a duplex to be constructed in the near future.
We would appreciate your earnest consideration of this application.
Sincerely yours '__t/_
.PC"~ ?: ~
~<;~~
Ann1e and Harvey Carter
Check for $50.00 attached.