HomeMy WebLinkAboutcoa.lu.ex.Peabody, Lots Q,S, Block 20
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CITY Of ASPEN
FINANCE DEPARTMENT,
CASHIER'S RECEIPT
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STATEMENT OF EXEMPTION
FROM THE DEFINITION OF SUBDIVISION
l'ffiEREAS,
ANDREW PEABODY
, (is) (are) the
owner(s) of the following described property located in pitkin County,
Colorado, to wit:
All of Lots Q, Rand S of Block 20
of the City and Townsite of Aspen, and
WHEREAS, said owner(s) has (have) applied, pursuant to the
provisions of Section 20-19(b) of the Aspen Municipal Code, for an
exemption from the definition of subdivision for the condominiumization
of (or entry into a joint use agreement for) the residential structures
on said premises, and subsequent conveyance of two separate interests
in the structures, and further, the condominiumization of the existing
duplex on the premises, an~
~mEREAS, the Aspen Planning and Zoning Commission did, at its
meeting held March 16, 1976, determine that this proposed conveyance
is without the intents and purposes of subdivision regulation pro-
vided that:
1. There would occur no parceling and conveyance of
separate interests in the land.
2. The applicant(s) for himself (themselves), his
(their) heirs, successors and assigns agree(s), to joint any
future improvement districts formed for the purpose of con-
or paving) or undergrounding of overhead utility lines, pro-
structing street improvements (including sidewalk, curb, gutter
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3.
The applicant(s), for himself (themselves), ~"lis
posed for an area including the above-described property.
(their) heirs, successors and assigns, agree(s)
to reimburse
the City for his (their) proportionate share of the cost
of any of the above improvements should the City of Aspen
elect to construct them without the formation of a special
assessment district.
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4. 7hat there be constructed no significant additions
to the size of either existing structure.
5. If the property is redeveloped, it shall be
brought into conformity with the then applicable zoning
regulations, provided that the applicant(s), his (their)
heirs, successors and assigns, ~ay enjoy the benefit of any
rights accruing to the nonconforming status of the structures
as now or hereafter provided by law.
6. ~hat all the above conditions be deemed covenants
running with the land and burden the same; and
WHEREAS, the City Council, at its meeting held March 22,
1976, did consider the requested exception, did agree that an exception
is appropriate, and did grant the same subject to certain conditions.
THEREFORE, PLEASE TAKE NOTICE that the City Council of the
City of Aspen, has granted an exemption from the definition of sub-
division for the condominiumization of (or entry into a joint use
agreement for) and conveyance of separate interests in the existing
residential structures, and, further, the condominiumization of the
existing duplex, located on the following described property situate
in pitkin County, Colorado, to wit:
All of Lots Q, Rand S, Block 20, City
and Townsite of Aspen.
PLEASE TAKE FURTHER NOTICE, that such grant of exception is i,
conditioned on compliance by the applicant(s) his (their) heirs,
successors and assigns of the six conditions imposed by the Aspen
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Planning and Zoning Commission, ~~~inabove described, AND PROVIDED
FURTHER that the applicant(s) shall, before the conveyance of any
separate interests in the premises, pay the City of Aspen the appropriate
subdivision dedication fee required by Section 20-18 of the Aspen
Date: March 24, 1976
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Municipal Code.
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of th~y of spen,
I, KATHRYN S. HAUTER, City
Colorado, do hereby certify that the f regoing exception from the
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definition of subdivision was granted by the Aspen City Council at
its regular meeting held
March 22,
, 1976.
ftU/~ xi ~kZZJ
KATHRYN S.cAUTER, CITY CLERK
STATE OF COLORADO )
) ss.:
COUNTY OF PITKIN )
The foregoing was acknowledged before me this 24th day of
March
, 1976, hy STACY STANDLEY, III and KATHRYN S.
HAUTER, fiayor and City Clerk, respectively of the City of Aspen,
Colorado. Hitness my hand and official seal.
(SEAL)
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P. O. Box lSll
Aspen, Colorado 81611
February 16, 1976
Mr. Hal Clark
City of Aspen
Planning Department
P. O. Box V
Aspen, Colorado 81611
Re: Subdivision Exemption for Condominiumization of two
houses located on Lots Q, Rand S, Block 20, Aspen
Dear Hal:
I am submitting this letter pursuant to Section 20-19 of the
Municipal Code of the City of Aspen with a request for an exemption
from the definition of the term "subdivision" with regard to the
above described property.
The property involved in the proposed condominiumization
consists of a house and a duplex located on three city lots at the
northwest corner of Fifth Street and Smuggler. At the present time,
Julie Bard and I (both Aspen residents) have a contract with the
owner to purchase the property, contingent upon financing. If the
exemption is granted, Julie and I will purchase the two houses as
individual condominium units and will be able to obtain separate
financing for each unit. It is our intention that I will Own and
occupy the duplex and Julie will own and occupy the Victorian house.
The condominiumization of the houses will be a separation of
"structures only" and a use agreement for the land will be prepared
by Mr. Chuck Brandt, Attorney at Law. The future use of the
property will be identical to its present use and the density will
in no way be increased.
I should mention that our original intent was to request
approval from the City Planning Department to divide the property
into two fee simple interests according to the present location of
the two structures; i.e., the Victorian on Lot Q and the duplex on
Lots Rand S. It is our feeling that this type of split would be
preferable to condominiumization, but this might not be possible
within the ramifications of the Aspen Municipal Code. If two fee
simple interests are possible, we would appreciate your considera-
tion of this type of division rather than condominiumization.
Please let me know if you need any additional information.
I will be happy to supply it promptly.
Respectfully submitted,
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Anne W. Burrows
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MEMORANDUM
TO:
FROM:
RE:
DATE:
Aspen Planning Commission
Planning Staff (HC)
Subdivision Exemption - Burrows, Lots Q,R, and S, Block 20
March 11, 1976
This is the continued request for subdivision exemption by Anne Burrows
for condominiumization of lots Q, R, and S, Block 20 to allow th~ee
separate ownerships: an existing single family dwelling and the
split in ownership of an existing duplex.
The comments of the City Engineer were reviewed at last weeks meeting
with the P & Z recommending conditions 3 and 4.
The Planning Office recommends that the issue of allowing additional
bedrooms to non-conforming residences is not of substantial concern.
The zoning code does not recognize bedroom extensions to single-family
residences as significant extensions of non-conforming uses. Such
additions relate more to personal family size than to adverse impacts
in a residential community. Certainly such rooms should be restricted
against rental use as is now prohibited by the zoning code.
If the applicants wished to be devious they could apply and receive a
building permit for expansion, before applying for subdivision exemption
thus accomplishing expansion of the residence.
The Planning Office recommends approval of the three unit condominiumizsation
with conditions 3 and 4 of the City Engineer.
MEMO
TO:
FROM:
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Hal Clark
Planning Dept. /~
Louis Buettner i11'(1-'
Engineering Dept.
Date: February 26, 1976
Re: Burrows Subdivision Exemptions (Lots Q,R,S , Block 20)
(J)
The Engineering Department recommends Subdivision Exemption
for the project with the following conditions:
1) The applicant constructs curb & gutter on Smuggler Street
to join the existing curb & gutter on 5th Street. The
construction to be approved and inspected by the City
of Aspen, Engineering Department.
2) The applicant constructs sidewalks on both Smuggler
Street and 5th Street.
@
The applicant agrees to join any future improvement
districts formed for the purposes of constructing
street improvements or undergrounding of overhead
utility lines.
@
The applicant agrees to reimburse the City for his
proportionate share of the cost of the above improve-
ments should the City elect to construct them without
the formation of a special assessment district.
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MEMORANDUM
TO: Dave Ellis
FROM: Planning Staff (HC)
RE: Subdivision Exemption - Burrows, Lots Q, R, and S, Block 20
DATE: February 18, 1976
The attached letter requests an application for subdivision exemption
by Anne Burrows for condominiu~il*t6Dn of Lots Q, R, and S, Block 20
to allow separate ownership of a single family dwelling and a duplex.
The Planning Office has advised Ms. Burrows that there is not sufficient
land to allow a division of land by fee single title.
We have scheduled this matter for the Planning and Zoning Commission
on March 2, 1976.
MEMORANDUM
TO: Aspen Planning Commission
FROM: Planning Staff (HC)
RE: Subdivision Exemption - Burrows, Lots Q, R, and S, Block 20
DATE: February 26, 1976
This is an application for Subdivision Exemption by Anne Burrows
for condominiumization of Lots Q, R, and S, of Block 20 to allow
separate ownership of a single family dwelling and a duplex. The
property consists of 9,000 square feet and is zoned R-6. The
Planning Office has advised Ms. Burrows that there is not sufficient
land to allow a division of land by fee simple title.
The Planning Office recommends approval of the condominiumization
based upon the requirements of the City Engineer.