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Home My WebLink Aboutcoa.lu.ex.Der Berghof - Cooper&Garmish.19741q1A - EX - 0l DER BERGHOF / COOPER & GARMISH L \ GRANT OF EXEMIMON FROM SUBDIVISION REGULATIONS a Rlll;ltl .1�, lll!It COINDOMINTUNI has appI ied for exempt, ion 1'rOru Ii)e Siit)divi,;Joii r(I(iuirements 0r Cha1)t(.,r -'0 Of the A1u11ici1)aI Code of the City of Aspen, and WHEPIEAS, Section 20-10-(c) of said code provides as follows: "(c) In a case where land being divided into condominium interests has, prior to the effective date of this ordinance, been platted into Lots and blocks by plat recorded in the office of the Pitkin County clerk and recorder, such division of land shall be exempt from the definition of a subdivision set forth in Section 20-2 (a) when, in the judgment of the planning commission, such platted land fulfills all pertinent design requirements contained in Section.20-7 of this chapter," and WHEREAS, the DER BERGIIOF COtiDOMINIUM, situate on lots K, L, M and N of Block 69, City and Townsite of Aspen, will have satisfied all pertinent design criteria of Section 20-7 on fulfilling certain requirements, which requirements are a condition of this grant of exemption, NOW, THEREFORE, BE IT RESOLVED BY THE ASPEN PLANNING AND ZONING COMMISSION, ASPEN „ COLORADO: 1. That the DER BERGIIOF CONDOMINIt1MS, located on lots K, L, M and N of Block 69 of the City and Townsi_te of Aspen, Colorado, be exempted from the application of the Subdivision Requirements of Chapter 20 of the Municipal Code of the City of Aspen; 2. That such grant of exemption be conditioned upon a. the applicant constructing curb, gutter and side- walk improvements on that part of the property fronting G:tr•ini:cr.h 51,r( eL, such improv(.1iients to he completed oil or bol'ore October 1, 197.1; b. there bcini; provided f'otrr (4) parkitig spaces off t he 1)(11)1 is :11 !(,N' :1.Ild t() l.110 north of t.110 sl,I'll Ctur0 011 lot,-:; h, I,, M and N OI' Block 69; c• . t hc• ti; p 1 i (-,,III ( provi de ,one (I) D rk i i,g; til):We Q f I' but on the rty of II)o appIicall . and d. the applicant close its continuing; curb cut off Garmisch Street and remove all parking from the city right-of-way. / / Ile? 0 Dated April 16, 1974, pPe- er F S 11if1�cr r Acng Cha.man As Planning and Z ding; Commission duly appointed and acting deputy city clerk, do hereby certify that the foregoing is a true copy of that resolution adopted by the Aspen Planning and Zoning Commission at its regular meeting held April 16, 1974 Deputy City Cl.erlc • RECORD OF PROCEEDING 100 Leaves Regular Meeting Aspen Planning & Zoning April 16, 1974 reports, the data with respect to fire protection, drain- age, etc... Austin stated that he did not have a great deal to say other than what is in the letter. Felt it covers the specific sections under 20-10 and the language in the letter requesting the exception or exemption comes di- rectly from the Code. Stated that in effect, what the applicant is asking for is a consideration by the Com- mission either to grant an exemption under that appli- cable provision or to recommend to the Council an exem- ption to the extent that this project does not fall di- rectly within the intent and purposes of the subdivi- sion regulations. Austin stated that with the decision of the Commission, the owner has no use for the land. Vice Chairman Schiffer stated that under 20-10(a), did not feel that this particular request falls within the perview of that section of the regulations. Johnson made a motion to deny the request for a subdi- vision exemption under Section 20-10(a). Motion seconder by Jenkins. All in favor, motion carried. Johnson made a motion to deny the request for a subdi- vision exemption under Section 20-10(b). Motion seconded by Jenkins. All in favor, motion carried. Johnson made a motion to deny the request for a subdi- vision exemption under Section 20-10(c). Motion seconder by Jenkins. All in favor, motion carried. Richardson Ms. Baer stated that this is an existing duplex in Snow - Duplex i bunny on Lot 16, Red Butte Road. Stated that the re- quest is to allow condominiumization. Stated that it has been reviewed under the provisions for exemption and the Planning Office would like to recommend an ex- emption from the definition of subdivision. Attorney Leonard Oates was present representing the ap- plicant. Stated that the letter recites that they meet the criteria from the standpoint that they have the a- vailability and hookup to water and sewer and all the design requirements. Vagneur made a motion to grant the exemption from the definition of subdivision since the land in question has been platted into lots and blocks and it fulfills all the pertinent design requirements under 20-7. Motioi seconded by Jenkins. All in favor, motion carried. Berghof Subdivision Ms. Baer stated that the Berghof is located on Cooper & Exemption y,// Garmisch. Stated it is an existing condominium com- plex with 12 units. Stated that this application has been made in order to clarify the ownership and trans- fer of ownerships of the units. Stated that the Plan- ning Office and the Engineering Department have reviewiA it with the design requirements and.they are met with some satisfacticn. Stated they are recommending, how- ever, that parking be removed from the City right-of-way along Garmisch, that curb, gutter and sidewalk be in- . stalled and that parking be allowed to remain on site to meet the parking demands of the development. -5- • • RECORD OF PROCEEDINGS 100 Leaves Fq w a I. x rmt, L .. a 1. Ca Regular Meeting Aspen Planning & Zoning April 16, 1974 Ms. Baer stated that the reason for this request is that Garmisch will be a major pedestrian -vehicular circula- tion route. Stated that there is a 100' right-of-way in Garmisch Street now and believe that it should be beautified and should be made a major circulation street in the City. The result would be 12 spaces along the front, four along the alley and one on the western boun- dary of the property. Applicant stated that this was the first condominium in Aspen and was before the condominium law came into ef- fect in Colorado. Jenkins made a motion to grant the exemption conditioned on the following: (1) that parking be removed from City right-of-way on Garmisch Street; (2) that curbs and gut- ters be installed on Garmisch and sidewalk as indicated by the Planning Department; (3) that parking on Cooper remain; (4) that the applicant create additional four spaces on north side of property and one on west; (5) ane that they agree to join any future sidewalk district on Cooper Avenue provided that the parking does remain and that any sidewalk is constructed so that the parking will remain; (6) applicant agrees to join any future storm and drainage district and that these conditions are met by October 1, 1974. Motion seconded by Johnson. All in favor, motion car- ried. Subdivisions Ms. Baer submitted memorandum'to the Commission giving Blue Sky - brief background of the project. Final Plat Stated that this project consisted of 8 unit condominium houses on Lot 3, Hoag Subdivision. Stated that the ap- plicant had applied for 24 units in the spring of 1973, but revised to present proposal because of an avalanche in April of 1973. In the memo, the following were given as considerations for the project: (1) An easement for a loop road through Lot 1, Hoag Subdivision, back to Ute Avenue could not be obtained. 30' turn around is now shown on the plat as'an alternative, and has been okayed by the Fire Chief and Aspen Trash Service; (2) Notaion of Book and page for utility and drain- age easements should be shown on plat; also for raod easement through BLM and Lot 5 Hoag Subdivision; (3) Agreement to join in street improvement and drainage districts; (4) Agreement to form a Home Owners Association; (5) Covenant deeds to guarantee long term rentals; (Consideration of Ordinance 119 conceptual ap- proval) (6) Drainage plan by Wright McLaughlin; -6- • DAVID J. CLARKE WILLIAM P. WAGGENER JON B. CLARKE ANTHONY F. RENZO HENRY V. S. HALL CLARKE & WAGGENER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 2400 WESTERN FEDERAL SAVINGS BUILDING 718 SEVENTEENTH STREET DENVER.COLORADO 80202 April 3, 1974 Planning and Zoning Commission P. O. Box V Aspen, Colorado 81611 Re: Der Berghof Condominium Gentlemen: TELEPHONE (303) 831-9100 Our firm has handled the legal work necessary to convert Der Berghof, Aspen, Colorado into a condominium project under the Condominium Ownership Act of the State of Colorado. All of the documents have now been executed by all of the parties involved. All such documents have also been reviewed and approved by Transamerica Title Insurance Company, including the Condominium Map, and are ready for recording. Accordingly, as attorneys for the owners of this project and pursuant to Section 20-10, we request an exemp- tion from complying with the provisions of your Subdivision Regulations. For your information, this project was initially con- ceived by Chris J. Allison in 1962 prior to the passage of our present Condominium Ownership Act. Title to the units and the real property was held in a manner similar to that contemplated by the Condominium Ownership Act and it is only because of technical reasons that this conversion is being accomplished. Your office has a copy of the Condominium Map and if there are any further documents that you will need prior to your consideration of our request for an exemption, please let me know. Very truly yours, WPW:va cc: James Manning cc: Ron Jacobs cc: Gerald Pessman DAVID J. CLARKE WILLIAM P. WAGGENER JON B. CLARKE ANTHONY F. RENZO HENRY V. S. HALL A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 2400 WESTERN I EDERAL SAVINGS BUILDING 718 SEVENTEENTH STREET DENVER,COLORADO 80202 April 3, 1974 Planning and Zoning Commission P. 0. Box V Aspen, Colorado 81611 Re: Der Berghof Condominium Gentlemen: TELEPHONE (303) 831-9100 Our firm has handled the legal work necessary to convert Der Derghof, Aspen, Colorado into a condominium project under the Condominium ownership Act of the State of Colorado. All of the documents have now been executed by all of the parties involved. All such documents have also been revie�.,ed and approved by Transamerica Title Insurance Company, including the Condominium Map, and are ready for recording. Accordingly, as attorneys for the owners of this project and pursuant to Section 20-10, we request an exemp- tion from complying with the provisions of your Subdivision Regulations. For your information, this project was initially con- ceived by Chris J. Allison in 1962 prior to the passage of our present Condominium Ownership Act. Title to the units and the real property was held in a manner similar to that contemplated by the Condominium Ownership Act and it is only because of technical reasons that this conversion is being accomplished. Your office has a copy of the Condominium Map and if there are any further documents that you will need prior to your consideration of our request for an exemption, please let me know. WPW:va cc: James Manning cc: Ron Jacobs cc: Gerald Pessman Very truly yours, zA �'� r 0 IM S9 ( (N111�)p)1 1111 111 1�k • S 75 * 09' E 120. 00' '• < A 1 1 li 1 I(�11 1 ' U' ll EF 0 C fA -7 �E KNOW ALL MEN E3Y THESE PFFESENT5: THAT THE UNDERSIGNED, BEING THE ATTORNEY -IN -FACT FOR At_L OF TWE OWNERS IN FEE SIMPLE <OF -r"E FOLLOWING, IJE S-'s E:s!✓.G> REAL PROPERTY LOCATED IN PI'T'KIN COr.INTY, COLOR ADO, TO - WIT : LOTS K, L, M, AND N IN F3LOC✓. Gs, IN AND TO TtaC ANP TOWNSITE OF C4?UN`T Y c7F' t'i'f I<IN c� 1 41 1 GOLORADO nOES N1=R1=8Y CERTIFY -r"AT T-"I� s MAP OF- DER E3ERGHOF- HAS F3EEN PREPAREiD PURSUANT TO THE GONDOMIN/uIll C7-CLARATION F-OR AER k3E:v GI-IOF, DAT1=T>-:.,7,3 RECORDED ON 1973, IN BOOK PAGE CLERK AND RECORDERS OFFICE, PITKIN COWNT`(, COLORADO. JAMES W. MANNING A-rTOsRNEY - iN - FACT STATE OF COLORAi70 SS CITY AND COUNTY OF VENVEP- THE FOREGOING OWNER, S CERTIFICATE VV AS SULi. SCR IBEX AIV C> SWO;r•c�N TO 8E>=OrRC ME THIS DAY Or: 19T3, 3Y .JAMES W. MANNING, AS ATTORNEY - IN - PACT FOR ALL_ THC OW NEf2S OF THE A,5.0VE LJES CAI I3ED REAL P2OPt1{T"Y. WITNESS MY HAND AND OFFICIAL- SEAL. - NOTARY �Ll6LIG MY COMMISSION EXPIRES: LE M(G U H I.L. [E R"S GAMD C [Env[] [] IT D CZZI LE I, GERARD H. PESMAN, A REGISTERED LAND SURVEYOR AND PR OFE"SSIC> L_ ENGINECfZ F-OR THE STAT>= OF COLORADO, HEREBY CERTII—Y THAT THE PROPERTY SHOWN HEREON, KNOWN AS DER 13ERGNOF, A CONDOMINIUM , WAS SUF2VE`!Ep UNDER MY SLl•PERVISION, ,yND THAT THE ATTACHED MAP SUBSTAN"T'IALLY DEPICTS THE' LOCA-TIONS OF TH1= BUIt DING, THE HORIZONTAL AND VERTICAL DIMENSIONS OF EACH UNIT WITHIN TF-IE 13AILr->INC—, THE UNIT DESIGNATIONS, BUILDING SYMBOL, AND THE ELEVATIONS OF FINISHED FLOORS ANp CEILINGS OF THE 0,UILDING-, AND TI-{AT --Aip MArl WAS 'P7ZEPARFE SUBSEQUENT TO T-HE COMPLETION OF -r"E_ IMPROVEMENTS. GERARD H.-F-SMAN, REGISTERED LAN17 STATE OF COLORADO� 55 SURVEYOR AND PROFL55101vAL EI`,IGINEE(Z, sa 2-57G GOL{NTY OF PITKIN THE r ARE:Gr,:;NG E r•,c , rj E_EF2' 5 AND SURVEYOR'S CERTIFICA-FE WAS ACKNOwLSpG ED 13E POKE ME T1aig _._ LJAY OF 1973, BY _ , A REGISTERED i. ,..+. �ArF vfEYOR ANp PROFF_SSIONAL. ENGINEE.R.. ''Al; wE:'SS MY HAND AND OFF"ICIAL SEAL.. 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