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HomeMy WebLinkAboutcoa.lu.ex.Curton-Subd.1983 . ' MEMORANDUM TO: Aspen City Council .,. FROM: Colette Penne, Planning Office RE: Curton Subdivision Exemption DATE: June '27, 1983 APPROVED AS TO FORM: t:C ~~~/ Location: Parcel B, Herndon Subdivision. Zoning: R-6. Applicant's Request: An exemption from growth management allotment procedures as per Section 24-11.2 of the Municipal Code for the construction of a deed restricted employee unit as the second unit of a duplex on Parcel B, Herndon Subdivision. . Referral Comments: The City Engineering Department has no problems with the proposed exemption for an employee unit on the site relative to engineering concerns or provision of services. There has been some discussion concerning access which appears to be through the access easement in Parcel A and not through the alley in Block 4. The Housing Authority Board has reviewed this application and makes the following recommendation: "1. The unit be restricted to the middle income price and occupancy guidelines for 1982. 2. The unit be offered either for sale or for rent provided that if the unit is rented, it be for not less than a year period. 3. The applicant be allowed to select her tenant if for rent or purchaser if for sale, provided that all tenants or purchasers be qualified by the Housing Office prior to their occupancy." Planning Review: Office Parcel B was formed through a lot split obtained in 1980. The lot contains 21,950 square feet. Since this lot area allows for construction of a duplex in terms of area and bulk requirements, but a single unit is all that is allowed pursuant to the lot split, the applicant is proposing to construct a deed-restricted employee unit as the second half of the duplex. Section 24-11.29(f) provides an exemption from the compliance with GMP allotment procedures for employee housing units deed restricted in accordance with the City's adopted employee housing guidelines. The unit can be exempted from competition by the City Council, based on the recommendation of the Planning and Zoning Commission. The unit will be subtracted from the residential quota. The review for such an exemption request is to include, as per Section 24-11.2(f), "a determination of community need considering, but not limited to, the project's compliance with any adopted housing plan... specifically regarding the number of bedrooms in each unit and the size of the unit, the rental/sale mix of the development and the proposed price categories to which the units are to be deed restricted." ," ..-< , Memo: Curton Subdivision Exemption Page Two June 27, 1983 . These criteria were addressed in the review of this unit by the Housing Authority. Planning and Zoning Commission Action and Planning Office Recommendation: The Planning and Zoning Commission and the Planning Office recommend approval of an exemption from growth management for the construction of a deed restricted employee unit as the second unit of a duplex on Parcel B, Herndon Subdivision with the following conditions: 1. The unit be restricted to the middle income price and occupancy guidelines for 1982. 2. The unit be offered either for sale or for rent provided that if the unit is rented, it not be for less than a I year period. 3. The applicant be allowed to select her tenant if for rent or purchaser if for sale, provided that all tenants or purchasers be qualified by the Housing Office prior to their occupancy. Council Action: Should Council concur with the recommendations of the Planning and Zoning Commission and the Planning Office, the appropriate motion is as follows: "I move to approve the Curton Subdivision Exemption with the following conditions: 1. The unit be restricted to the middle income price and occupancy guidelines for 1982. 2. The unit be offered either for sale or for rent provided that if the unit is rented, it be for not less than a 1 year period. 3. The applicant be allowed to select her tenant if for rent or purchaser j.f for sale, provided that all tenants or purchasers be qualified by the Housing Office prior to their occupancy." ,I ~)\ \",<?c'\'n.... \',')/' <....'.... K,~<)...4.c,\ t.h"'''':-,'j 1', - '. /., I .. ,-' " . , , a(.(" \ " . r C _2_____. ,I"" " ....... -,' . j II ~~~...~ ~......._... '" ~ .' . , , ". ",,"~~..a ...."'_~ .. ~.."'''<'!4. .. . j . ...."'L ..Id'- : ::J.r _'~~_H'. .,. I Ii. L ~ti.U ___~.~ ........~o , . ". ......... .....: ''',t., __ ~~ ..... '" ....;[..-..:..'----- I ....~~---1..a 4. -- ---., ,-- . -"', ..".... . "" _'<-.."",.. ,. .- . """ -.. . , .... "\. ...:.._-i: -:-.....J.... \.)7 ~i.::4-----.-.:,~.-:::: I 'r/"-'- ""..; ;1: --... ''''_''' ... ,. \._~'.~ l..;_rA':"',.. '''''If I t. 'I':' ~.. 1<:.0 \. .-". -.. . ...... .. ~ -:;. .,:.~..~; I ''I<' /2:."", .' : ;.,; . .....'" 0';;,./1 ., .."" ,". ". , "'''. ".{ r.-..,....- .'r---........... 'N X ,.'! ,,_... n tt.-..y""'''''' ';;'" I'~'I f I r-- Z~... -'''flr 111 "0\1, .,.'" I I .", ~'?:ii ... \~' ..,.......""'.. I . . '. ..' I I ......".,.,.1 _.. "-, 1. . I.. ~.~. . l{'jif I / .. . .......".. I . , I : "I'" I .... . '.\. .. ~<,'1,' ! 0 ..J r -'. -"..q't--.L '~~-':':"'1 '~"I . PAHCE.L, "B' ro::;:.';;-.' ,,'-.. +;~\.:;.':.:~:,c:"; / ~;;~::.~.~;~...,/ .;;:':~;.::... '~/i ........ ,...... :C01L,' .'" :..~.... I / ,~., .. "" '" I, '_ ... , 00.'...."...'" " .... I, , ~ TO ...~ ~ ((: . ........... . J-~ p.p. C,_ ___ ...... '~. ~ :PP. III 'n. 10. I'"'''' I / "'- TO" Of ..lOll / ; 'f ~ \ ....~~.., ,II .N__I / / " ....~! / f I f , I , : "'l'l~~.."""._,"'~. -1...---1_.----c_... '>. '" COI.OIt<lDV st4r( ., ""0"''''4' "'0 ., '''---. - '. , ~ , . , , . ,'" ".I. '" \.~-. -'-.TW =.....;.. ~ -.nc. -'''~1>''t~~~T=l. . ::::""f~=~""';':;':'''__T_ _.l-....-;..~l_.. N__ '. . '~ . ,...' .....- '1::.~""'M&. , I ., ~. -' 1':-' '- !'" " - ...""."i '. ~. ~ , ~ -~.- _.- ~---'''''' " MEMORANDUM TO: Colette penne, Planning Office FROM: Jay Hammond, Engineering Department *' DATE: May 10, 1983 RE: Curton Employee Unit Exemption from GMP --------------------------------------------------------- Having reviewed the above application, and made a site inspection, the City Engineering Department has only one comment that is not related to the matter of GMP exemption. We have no particular problems with the proposed exemption for an employee unit on the site relative to engineering concerns or provision of services. There has been some discussion recently, however, of access to the site. I would point out that, at this time, it remains our under- standing that access to the site will be accomplished through the access easement in parcel "A" and not through the alley in block 4. JH/cO ~ ,0'., " " '. .' i., 4 i J /. ,\ '--_.' -~,---.-_.....--._.-.,_...,..,..- . " ro pitkin county 506 east main street aspen. colorado 81611 fj I! MEMORANDUM --------- DATE: May TO: FROM: J,im RE: Curton Subdivision Exemption The Housing Authority Board has reviewed the Curton subdivision exemption with the following conditions: 1. The unit be restricted to the Middle Income price and occupancy guidelines for 1982. 2. The unit be offered either for sale or for rent provided that if the unit is rented, it be for not less than a year period. 3. The applicant be allowed to select her tenant if for rent or purchaser if for sale provided, that all tenants or purchasers be qualified by the Housing Office prior to their occupancy. ...'"'rt , i , ,~.,~, , .;. ~"~ - 'at Ii - - -~ ~..!']~[)~~n"..._. *IUr,I,n D,t.. ',' ~ .1"'i'~.Jf{~r!rJllt:.1' 'V~ r ml r , · ~:~~ - .jiiJIIS, ~",t -<-' j--.~, - __~./i~~_ ~ -. - .-., - '... c3Jnnshru.c h;llnn August 30, 1983 TO: Mayor Bill Stirling Aspen City Council FROM: Heinz and Karen Coordes ~~ (1;c7}--'c:tM__/ SUBJEC~: Access to Curt on lot'~~~~~ As homeowners in the neighborhood of the Curton lot, we urge the City to provide for access to this landlocked parcel via completion of the existing alleyway between Hallam and Francis in the 900 block. This is the most direct routing to the property with least detrimental effects on the neighborhood and uses existing rights-of-way. ~he other alternative - down Francis Street - would necessitate cutting right between two houses and has clearly more negative side effects, not the least of which would be the removal of a substantial amount of nice, mature landscaping. The 900 block of Francis is one of the only remaining unpaved streets in the City; being a dead-end street the traffic volume is low enough that the dust problem is still tolerable. The addition of the proposed duplex would almost double the dust problem, in which caS2 it is quite conceivable that paving of this street would become necessary. As it now stands we don't request this. Further, six school-age children live on this block and often use the roadway as there are no sidewalks on the block. Increased traffic, particularly in winter, would diminish the safety factor. ~he intersection of 8th and Francis is also a school bus stop. Why not keep as much traffic as possible away from such an active corner. The alleyway access would do this. We definitely feel the alleyway is the proper access alternative to this lot. Thank you for your time and consideration in this matter. (303) 925-2980 233 West Main Street Aspen, Colorado 81611 c , MARTIN H. KAHN ATTORNEY AT LAW 41.5 EAST HYMAN, ROOM 30. ASPEN, COLORADO B16tl !~D TELEPHONE (303) 925.IS3G .;>~ September 2, 1983 Paul Taddune, Esq. Gary Esary, Esq. Office of the City Attorney 130 South Galena Street Aspen, CO 81611 Re: Curton Duplex Subdivision Exemption Dear Messrs. Taddune and Esary: I represent George and Connie Madsen, owners of Parcel A Herndon Subdivision, in the City of Aspen. I am in receipt of a copy of James T. Moran's letter to you of August 3, 1983 e oints rais ran. The purpose of this letter, hOwever, is to request some further consideration of the question of access to Parcel B, whether or not the "dupl6!x" is granted, but particularly if it is. My clients; as well as certain other property owners in the area, maintain that access to Parcel B should be through the alley in Block 4 and not West Francis Street and the access asement across Parcel A. These property owners maintain that access through the alley would provide not only better access to Parcel B but better access and/or significant benefits to other property in the area as well. Moreover, it also appears, through conversations with the Fire Marshall, that access through the alley may be preferable from a fire-fighting standpoint, and through conversations with the City Engineering Department that such access to the Metcalf property would be preferable from a traffic flow and safety standpoint in light of the present hazards of access from Highway 82. I am enclosing copies of letters from Mr. and Mrs. Heinz Coordes and F. Mead Metcalf, property owners in the neighborhood, setting forth their views on the question of access. The Madsens endorse these views, and would note that access through West Francis and across their Parcel A would result in destruction of landscaping and traffic (exacerbated if a duplex is permitted on Parcel B) quite close to their residence. ir' " ....... --'" Paul Taddune, Esq. Gary Esary, Esq. September 1, 1983 Page 2 While Mr. Moran, in his letter, argues that the "platted alley is not open and has not been open for as long as anyone can remember", it is clear that the alley is City property, and that no claim of adverse possession would lie against the City. The fact (if it is one) that the alley has not previously been utilized for access does not mean that in the future acc it would n be appropriate. We would be happy to meet with you, City Council, the Planning Office or anyone else suggested by you further to set forth our views. Please let us know if any further information would be helpful. I would ask that you forward copies of this letter and enclosures to City Council and other interested City officials. Very truly yours, MHK/O Encl. Martin H. Kahn cc: Mr. and Mrs. George Madsen Mr. and Mrs. Heinz Coordes Mr. F. Mead Metcalf James T. Moran, Esq. Gideon Kaufman, Esq. ,..c, ,," c"'" J The oClJlial Palace r. HEAD KETCALr ... BOX 32 ASPEN, COLORADO 81611 ... PHONE 303 925.1455 August 23, 1983 TO VHOM IT MAY CONCERN: It has come to my attention that property owned by T H [ CRY S TAL PAL A C [ CORP 0 RA TI ON t situated at 923 West Hallam, in the ci ty of Aspen might benefit if access were changed from the present ingress from Highway 82 (Hallam Street) to ingress from the alley behind the property. It has further come to .y attention that the owner of the adjacent property DONNA L[[ CURTIN has petitioned to use this same ingress from the alley for her proposed building project. This letter will serve to record my approval of using the alley for ingress to the DON N A L [[ CUR TIN property and my desire to utilize the same ingress if approval of said easement is forthcoming from MRS CURTIN. I feel that the present entrance to the CRYSTAL PALAC[ PROPERTY is quite dangerous in light of the heavy traffic on Highway 82 and the slope of the driveway before reaching the highway. In winter time with ice on the driveway it is virtually impossible to 1) Climb the grade and 2) Negotiate the turn into traffic. Sincerely yours, d,~.,~~ THE CRYSTAL PALACE CORPORATION .,......... ....... . ". , ..... ;'.:'::\f,.' ,-- ..",.' Jfnnshru.ch Jfnn August )0. 198) TO: Mayor Bill Stirling Aspen City Council FROM: Heinz and Karen Coordes ffU4J ~~~ SUBJECT: Access to Curton lot~~~;;';4~ As homeowners in the neighborhood of the Curton lot, we urge the City to provide for access to this landlocked parce1 via completion of the existing alleyway between Hallam and Francis in the 900 block. This is the most direct routing to the property with least detrimental effects on the neighborhood and uses existing rights-of-way. The other alternative - down Francis Street - would necessitate cutting right between two houses and has clearly more negative side effects, not the least of which would be the removal of a substantial amount of nice, mature landscaping. The 900 block of Francis is one of the only remaining unpaved streets in the City; being a dead-end street the traffic volume is low enough that the dust problem is still tolerable. The addition of the proposed duplex would almost double the dust problem, in which care it is quite conceivable that paving of this street would become necessary. As it now stands. we don't request this. Further, six school-age children live on this block and often use the roadway as there are no sidewalks on the block. Increased traffic, particularly in winter, would diminish the safety factor. The intersection of 8th and Francis is also a school bus stop. Why not keep as much traffic as possible away from such an active corner. The alleyway access would do this. We definitely feel the alleyway is the proper access alternative to this lot. Thank you for your time and consideration in this matter. (303) 925-2980 233 West Main Street Aspen. Colorado 81611 01""' \...... .. ,; MEMORANDUM TO: Colette Penne, Planning Office FROM: Jay Hammond, Engineering Department * DATE: May lO, 1983 RE: Curton Employee Unit Exemption from GMP --------------------------------------------------------- Having reviewed the above application, and made a site inspection, the City Engineering Department has only one comment that is not related to the matter of GMP exemption. We have no particular problems with the proposed exemption for an employee unit on the site relative to engineering concerns or provision of services. There has been some discussion recently, however, of access to the site. I would point out that, at this time, it remains our under- standing that access to the site will be accomplished through the access easement in parcel "A" and not through the alley in block 4. JH/CO r' '" '-'; ..... '" ;'. CITY{~(OF.ASPEN teS;f;~'~::~",::,~''''''~ 130 ~al..!/I';'t"" liSp . ?;a'" -. 1611 .. .~5i;;' '0 0 lljj1fi! rafiJ~t;;;:J " 1~~~-_d':_~--3!..~ \\~-?1 rn MEMORANDUM [_~. 0 J;~~3-;IUI ASPEN I PI i---------- September 30, 1983 PLANNlfVG :ii2> TO: Planning Director City Engineer City Manager ~ FROM: Paul Taddune \ DATE: RE: Donna Curton Duplex and Access (Herndon Subdivision) Forwarded for your attention are a September 23, 1983, letter from attorney Gideon Kaufman and a September 28, 1983, letter from attorney Jim Moran regarding the City's position with respect to the apparent alleyway which might be utilized for access to the Donna Curton duplex. As you may recall, Jim Moran submitted a letter to my office on August 3, 1983, complaining about various irregularities in con- nection with this subdivision. Since Jim alleged that the plats submitted to the P&Z, Housing Authority and the City Council were totally inaccurate and misrepresented both the extent and config- uration of Parcel B, my office directed that no building permits be issued pending further investigation. After investigating this matter and meeting with Jim (representing Mr. & Mrs. Carl Berg- man), Gideon (representing Donna Curton), and Marty Kahn (repre- senting adjacent property owners, including George Madsen), I decided that there was no legal or fact.ual justification for con- tinuing to withhold the issuance of a building permit aod so advised all of the attorneys at the meeting. However, an out- standing issue is the status of the access to Parcel B through the alley in Block 4. Jim Moran contends that the platted alley is not open and has not been open for as long as anyone can remember. He states that the plats and the City Engineer's memoranda clearly reveal and establish that access to P~rcel B is, or should be, via West Francis Street and the access easement a]ong Parcel A. His clients insist that access continue to be so restricted and request that the City reject any suggestion that the alley be opened to accommodate the owners of Parcel B. '" - ""'" "~ Memorandum to Planning Director, City Engineer, City Manager September 30, 1983 Page Two In light of the conflicting points of view in this matter, I request that each of you make a recommendation to the City Council for discussion at a regularly scheduled meeting as quickly as is convenient. PJT/mc Attachment cc: Gideon I. Kaufman, Esq. Martin H. Kahn, Esq. James T. Moran, Esq. City Council ,"" ,""" .... .. OENVER OFFICE SUITE 2900 555 SEVENTEENTH STREET DENVER, COLORADO 80202 TELEPHONE (303) 575-8000 TEL.ECOP1ER (303) 575-6261 HOLLAND & HART ATTORNEYS AT LAW WASHINGTON, D. C.OF"F'ICE SUITE IZOO 1815 EVE STREET, N. W. WASHINGTON, D. C.20006 TELEPHONE (202) .66-1340 TELECOPIER (202) 466-1354 600 EAST MAIN STREET ASPEN, COLORADO erelt TELEPHONE (303)925-3478 MONTANA OFFICE SUITE 1400 175 NORTH 27TH STREET B'LllNGS,MONTANA 59101 TELEPHONE (<406) 252-2166 TELE;COPtER (40el 252-1669 September 28, 1983 WYOMING OF"f"lCE SUITE 500 2020 CAREY AVENUE CHEYENNE, WYOMING 82001 TEL.EPHONE; (307)632:.2160 TElECOPIER (307) n8-er7S JAMES T. MORAN (303) 925-3476 S. E. DENVEQ OFl"tCE BUILDING S-SUITE 4002 5555 OTC PARKWAY ENGLEWOOD, COLORAPO 80111 TE:L.E:PHONE: (303) 575-8350 Paul Taddune, Esq. City Attorney l30 S. Galena Street Aspen, Colorado 81611 Re: Parcel B, Herndon Subdivision Access Restrictions Dear Mr. Taddune: I have a copy of Gideon Kaufman's letter dated September 23, 1983 wherein he asserts that his clients intend to use the purported alley in Block 4 as access to Parcel B, Herndon Subdivision "in accordance with its present status as a public thoroughfare". I would like to point out to you that the "present status" of the alley is neither physically nor legally that of a "public thoroughfare." Physically, it is not a roadway nor has it ever been opened or used as such. The area is presently occupied by lawns, gardens, trees and a small building. To characterize the tract as a "public thoroughfare" is to miss the point by a wide margin. Legally, the existence of an alley is evidenced so far only by lines on a map or maps of the City of Aspen. This is grossly insufficient evidence to establish a present alley as even a cursory examination of the relevant law will demonstrate. Let me briefly acquaint you with the applicable principles. In order to constitute a public street it is necessary that there be both a dedication and an acceptance as such. Board of County Commissioners v. Warneke, 85 Colo. 388, 396, 276 Pac. 671 (1929). Even if dedication and acceptance is historically established a street ceases to be a street and becomes private property if ,.... ''''' HOLLANQ &HART .-.., -....;' Paul Taddune, Esq. September 28, 1983 Page 2 vacated or abandoned. Hand v. Rhodes, 125 Colo. 508, 514, 245 P. 2d 292 (1952). Failure to treat the controverted strip of land as an alley or to do any work whatsoever in the way of improving or maintaining it as such is evidence of lack of acceptance or aban- donment, or both. Id. See, also, 39 Am. Jur. 2d, Highways, Streets and Bridges~~~142, l84 et ~., City of Denver v. Denver & Santa Fe Railway Co., 17 Colo. 583, 585, 31 Pac. 338 (1892). Even if you can establish that the strip in question has been dedicated, accepted and not subsequently abandoned as an alley, it has never been "opened" for use as such. It is up to the City to decide in its discretion whether to put this so-called alley into condition for use and invite the public to use it. In 39 Am. Jr. 2d, Highways, Streets and Bridges, ~68 the rule is laid down as follows: "The questions of the advisability of opening a road which has been formally established or dedicated to the public and of when it shall be opened rest largely in the discretion of the proper highway authorities, and the courts will not interfere with such discretion except in the case of abuse of discretion." Moreover, under certain circumstances "a municipality may be estopped to open or use a street theretofore created, still exist- ing in point of law, and never opened, or if once opened and in use, since fallen into disuse and seemingly abandoned." Id. at ~155. It is our position that the Block 4 alley, if ever~edicated and accepted, has since been abandoned and that the facts in this case are sufficient to estop the City from now opening it to use. Recall, if you will, the fact that the City Engineer and the appli- cant both represented that access to Parcel B would be via West Francis Street and Parcel A, and not through the alley in Block 4. See Exhibits 2, 4, 7-6 and 7-9 to my letter of August 3, 1983. These representations about access cannot be dismissed as cavalierly as Mr. Kaufman and Mr. Kahn seem to think. "Where the municipality has in fact engaged in affirmative conduct of a type which is misleading and serves to induce a private party to place valuable improvements upon a street, under claim of right and in good faith, there is a relatively strong basis for c HOLLAND &HART ," '-" Paul Taddune, Esq. September 28, 1983 Page 3 an estoppel precluding the municipality from thereafter opening such street." 39 Am. Jr. 2d., Highways, Streets and Bridges, S155. When the Herndon parcel was divided it was represented that Parcel B would be restricted to one single family dwelling and that access thereto would be through the easement across Parcel A. Having obtained City approval at least partly on the strength of those representations, Herndon's successors in interest now want to summarily disregard both conditions. I want you and the Council to recognize that the present pro- posal, as a practical matter, would not create a public thoroughfare but only a private driveway for Parcel B. I do not believe, for instance, that Mr. Kaufman's clients are proposing to let the alley continue through Parcel B to Power Plant Road. Finally, I am astounded at the fact that Mr. Kaufman appar- ently thinks his clients can bulldoze a construction road through the Bergman and Skiff backyards simply upon confirmation that there has been no formal vacation of the alley in Block 4. Even the City cannot summarily take such action absent "imminent danger to the (sic.) life, limb, property or health" City Code, S13-91(b). Our Code prohibits injury to public or private property, S13-39; it requires a permit to remove trees, SS13-76, 19-127; and a separate permit to dig-up, open, disturb, grade, excavate or otherwise alter any alley, S19-46. It should be evident to all concerned that there are substantial legal and political questions at issue here; questions that cannot be resolved by a phone conversation with the City Engineer. You have asked me to give you our client's position on the access question. It is as follows: 1. existed dence; Whether or not a dedicated and accepted alley ever in Block 4 has not yet been established by credible evi- 2. in fact opening If an alley ever did exist, it has never been opened, has and law been abandoned, and the City is estopped from now the same; 3. Should the City disagree with the foregoing, it cannot nevertheless summarily create or authorize a road through the area; at the very least it must observe due process by following the ,..... '-... ..... J HOLLAND &HART Paul Taddune, Esq. September 28, 1983 Page 4 notice and judicial abatement proceedings set forth in City Code S13-91. I will be at the Colorado Bar Association Convention for the remainder of this week but will be happy to discuss these issues further upon my return. JTM/j If cc: Mr. and Mrs. Carl Bergman Gideon Kaufman Martin H. Kahn SfP 26 RECb ."-. '-/ " LAW OFFICES OF GIDEON I. KAUFMAN GIDEON I. KAUFMAN A "AOFESSIONAL CORPORATION BOX 10001 611 WEST MAIN STREET ASPEN. COLORADO 81611 TELEPHONE AREA CODE 303 925-8166 DAVID G. EISENSTEIN September 23, 1983 Paul Taddune, City Attorney 130 South Galena Aspen, CO 81611 Re: Donna Curton Duplex and Access Dear Paul: Pursuant to our meeting last week with Jim Moran and Marty Kahn, 1 write this letter to address the alley access issue disscussed at that meeting. My and Marty Kahn's understanding of your position is that if the alley has not been officially vacated by the City, it is still City property under City control and can be utilized for public access. During the meeting Jim Moran argued that his clients had utilized the property as their own but did not argue his clients had any ownership rights in the alley. Our intention is to utilize the alley as access in accordance with its present status as a public thoroughfare. 1 would like to get a statement from you on the City's position in this matter. I would appreciate it if you would confirm with Jay Hammond of the City Engineering Department that the property has not been vacated by the City and that without a vacation it remains available for public access. It is important that we have a response from you as soon as possible because we would like to utilize the alley during the construction phase of our project. Thank you very much for your help in this matter. Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, a Professional Corporation By , i; ~,~J" 0- Gide~n Kaufman GK jd cc: Donna Curton Martin H. Kahn, Esq. James T. Moran, Esq. ~,:r:, 1!_"'?; , .......,...- . ~...."'-u ~c ... .......,.. PARCEL "B' ..,.... It" / r J.",...~ I~.:: . J. ~ f _ ~ 'c;; -O--=-__"":J .'""" ,~ ~ ~:.,..... ...... / ....... .,. , I / "'- TO" Of .....Il I I \ \ \ \ I ~~ ~...n..., _ I , ! i I I I I I I I I I I I I . . . ~ ..un. ('OlOq~D;J S>~1f ~"---+- ., "'GJoj..~ "'0 _2 . -- -...... ----------- . "~~ -........-..... ....-' ~.~;:...:;.: =j~~....~)" .,..... . -.- ~ ..... 1ft....;;;;.... '" .._ -~ .......~ --.. . , .' , .' , I t , ,"c. HOLLAND & HART DENVER OFFICE SUITE. 2900 555 SEVENT,E:E:NTH STREET OENVER,COLORAOO 60202 TELEPHONE 1.303) 575.8000 TELECOPIER (303) 575-8261 ATTORNEYS AT LAW WASHINGTON, D. C. OFFICE. SUITE. 1200 1875 EYE STREET, N. W. WASHINGTON, O. C. 20006 TELEPHONE (2021466-7340 TElECOPIER (2021466-7354 600 EAST MAIN STREET ASPE.N, COLORADO Bl611 TELEPHONE. (303) 925-3476 JAMES T. MORAN (303) 925-3476 August 3, ~#-N,~'~ ~r~(\~l)~c 2 ~~:~;~;~::E r-.::.J E.,WYOMING 82001 1 TE. NE (.307) 632-'2'60 I ER (307) 778-8175 19 ASP~~ ~ "s 1983 TE. ENVER omCE ~. jT~ ING 5.SUITE 4002 . 555 OTC PARKWAY LEWOOO, COLORADO 80111 TELEPHONE (303) 575-8350 MONTANA OFFICE SUITE 1400 175 NORTH 27TH STREET BILLINGS.MDNTANA 59101 TELEPHONE (406} 252-2166 TELECOPIER (406) 252-1669 b,. Paul Taddune, Esq. Gary Esary, Esq. Office of the City Attorney 130 S. Galena St. Aspen, Colorado 8l61l Re: Parcel B, Herndon Subdivision Subdivision Exemption, Curton Duplex Dear Messrs. Taddune and Esary: I am writing this letter on behalf of our clients, Mr. and Mrs. Carl Bergman. My purpose is to inform you of a gross misapplication of the growth management plan exemption procedure in a manner which results in evasion of the subdivision regulations, without the due process safeguards of notice and public hearing. Here are the facts. On January 25, 1979, N. C. Herndon, Jr. owned an unsubdivided parcel of land at the end of West Francis Street. This parcel contained a single family dwelling. The parcel has some frontage on Colorado Highway 82 and falls away steeply to its western bound- ary which is Castle Creek. Relying on the so called "lot split" exemption in the growth management plan, ~24-l1.2(d), Herndon applied for subdivision exemption under ~20-l9. A copy of the application is attached as Exhibit 1 hereto. A subdivision exemption was granted allowing Herndon to divide his land into two parcels, A containing the existing house, and B the undeveloped parcel. Parcel B was specif- ically restricted to one single family dwelling. See Exhibits 3, 4 and 5 attached. There were also engineering constraints, including a restriction of access to an easement running from West Francis Street through Parcel A. See Exhibit 2 attached. There was no notice and no public hearing on this application. In February of 1983, one Stan Mathis applied to the Board of Adjustment for a variance to permit the construction of a duplex on Parcel B. The problem which triggered the variance application was ,""', '..... HOLl.AND &HART Paul Taddune, Esq. Gary Esary, Esq. August 3, 1983 Page 2 a design problem not the single family restriction which apparently was overlooked by all concerned except my clients. The variance was denied because the design of the structure did not comply with the common wall requirements for a duplex. I attended that meeting on behalf of the Bergmans who are adjacent property owners. I advised the Board of Adjustment of the single family restriction and later documented that fact by a letter to the Zoning Enforcement Officer, Exhibit 6 attached. On March 3l, 1983, one Donna Curton applied for an employee unit (duplex) exemption from the growth management plan, ~24- 11.2(f). This exemption was granted by the City Council on June 27, 1983 as a subdivision exemption, again without notice or public hearing. Copies of the latest application~ memos relative thereto and the council minutes are attached as Exhibit 7. The growth management plan is a building permit allocation scheme; it does not override zoning, subdivision or other land use regula- tions, ~24-11.3(c)(3). In this situation it has been misused and misapplied not once but twice to circumvent the subdivision ordi- nances. The truly invidious aspect of the scheme that has been utilized here is its avoidance of the notice and public hearing requirements that apply to subdivision, ~20-13; rezoning ~~24- 12.5(c), 24-12.6 and variance 52-22(c) applications. Competition or exemption under the growth management plan pre- sumes that the applicant has the necessary zoning and has complied or will comply with the subdivision ordinance. A growth management plan exemption is not a subdivision exemption nor does it operate as a rezoning. In my opinion it is incumbent upon the City Council to review this matter and to either revoke its June 27, 1983 action or make it clear that the GMP exemption does not authorize duplex construc- tion on Parcel B. There are two other items which I want to bring to your atten- tion. First there is the matter of access to Parcel B. In the Council minutes the applicant's attorney, Mr. Kaufman, mentions that he has talked to the engineering department about access to Parcel B through the alley in Block 4. See Exhibit 7, page 14. The platted alley is not open and has not been open for as long as anyone can remember. The plats and the City Engineer's memoranda clearly reveal and establish that accesS to Parcel B is via West -.. - HOLLAND &HART ""","" ", Paul Taddune, Esq. Gary Esary, Esq. August 3, 1983 Page 3 Francis Street and the access easement across Parcel A. See Exhibits 2, 6, 7 at page 9. My clients insist that access continue to be so restricted and request the City to reject any suggestion that the alley be opened to accommodate the owners of Parcel B. Second, your attention is directed to the fact that the plats apparently submitted to the P & Z, the Housing Authority and the City Council are totally inaccurate and misrepresent both the extent and the configuration of Parcel B. These plats were appar- ently copied from Book 10 at page 31. The amended plat which appears in Book II at page 14 shows that an additional Parcel C consisting of l8BO square feet was carved out of Parcel Band deeded to Crystal Palace Corporation. Due to the topography of the land, the carve-out of parcel C significantly reduced the area available for a building site on Parcel B. Compare Exhibit 7, pages 8 and l3 with Exhibit 8. This error or misrepresentation alone is reason to revoke the exemption granted by council. See, e.g. ~~24-14.3, 24-l4.5. In summary I believe it is absolutely clear that council did not have all the facts before it when it granted the Curton exemption on June 27, 1983. This is whdt can be expected when notice and public hearing requirements are circumvented by an applicant. Please review the attached materials and place this issue on the council's agenda for reconsideration at an early date. If you have any questions or desire further infor- mation please call me at your convenience. Yours very truly, James T. Moran JTM/jlf enclosures cc: Mr. and Mrs. Carl Bergman Gideon Kaufman, Esq. Hon. William Stirling, Mayor Ms. Colette Penne, Planning Office Perry Harvey, Chairman, Aspen Planning and Zoning Commission ~. (r t. ~~~:"'f'..' :,. . '\.... " . ) ~.~ . II' I I " -- ~...._.. " -- APPUCATIO:-J FOR EXE:-lPTION ~'Rml SeliDl \' I S I O~f'REGn.ATIONS The request is hereby w~de on behalf of N.C. Herndon, Jr. (hereina fter re fer red to as "applicant") under Section 20-19 of the Aspen, Colorado. Subdivision Regulations for exemption from the definition of the term "subdivision" with respect to a lot split of the real property described in Exhibit A attached hereto and incorporated herein by this reference. It is submitted that an exemption in this case would be appropriate. The application involves subdividing a current lot existing of approximately forty-four thousand (44.000) square feet. This lot also contains an existing structure. Ordinance 3 of 1978 exempts the construction of a ~~i!a~upon a lot that was subdivided after the adoption of the growth management plan, provided that said lot has a current existing structure and is subdivided into no more than two (2) lots, This is exactly the case in the application before, you. It is the contention of the applicant that the granting of the exemption will not be detrimental to the public welfare or injurious to other property in the area in which the subject property is situate. The granting 'of this application will not undermine any intent of the subdivision regulations, as it is clearly within the area intended for exeT!~tion under Section 20-19. The applicant would appreciate your consideration of this applica- tion at your next regular meeting. Dated: January L)". 1979. Herndon. Jr. . \. EX H18.1T ~ .-.- .-'. ---"-~~--~"'':..4'''''''''_~~'I.'!....___ _.... -'_ :.;... "'___:;"'-" .-:..-__._.-_'-~~'.-7=~;:-. ;.....~ ,I .. .' ~ .' /' ^ tract of I"nd In the NH/4 of th" SIJ 1/4 of Rnnge 85 \.'est of the 6th 1'. H.. C"lor.1<ln. ".ne ,.-,.'..... - - S"ot Inn 12. r..,mshlp 10 S"uth, SI'"rtrlc.,lly (!,',.crlbed ss f01l0\J8: Beginning at a point on the North Iln" of Stat" 1I11:1....."y '112 .1t the Int"r."ct Ion of the \Je-stcrly l;ncllof the,To.....n of "..pen ...." r..lfct It:\('" ('"xS!Oted on FC"hru.'lry 21. 1957; thence N. 7 38 E, 3~,,.? feet .,Inn;: ..,Id ..,.".trrly II0e to the northerly line of Francis Street; thence N. 75'10' '.... '..'].5 f.,<'t .,Irro~ the nortl--erh' lloe of Fr~nc;s Street produced westerly to tn" c"o:",) I,,,' of C,1Stl" Creek; th~nce S. 44 lu ~. 2l8.0 feet along centerll"" of C"':)t' Crt'ek; thrnce S. I'D' V. 195.88 feet along centerline of Cnstle Creek to.' the ::"rth"r1\' line of Stat" Highway 1182; thence S. 75010' E. 226.07 feet ,,101'1: the north~rly line of State High\Jay 082 to point of beginning; all in the CIty of Aspen. Pitkin County, Colorado. '. EXCEPT the following described tract: lleginnlnR.1t" point on the north line of State Hiihway 082 at the intersection With th... ~r.t('rly lIne of the TOWn of Aspen as said line existed on February 21, 1957' thence I:. ,'38' E. 8.0 feet more or less; thence N. 75010' W. J.35 feet; thenc; N. 10']5' E. 95.8 feet nlong fence line; thence N. 87023' W. i67.44 feet; thence S. 1'0' \". 63.00 feet; thence S. 75010' E. 162 feet more or le.s alo~g north line of ~tate High~ay 082 to point of beginning. ALSO EXCEPTING from the above described propert,y, a P'Jrcel of land as set forth In Instrument recorded February 15, 1966 in Book 219 at page 18. ALSO EXCEPTING [rom the above described tract. a parcel of land described as follows: Beginning at a point on North line of nallam Street and intersecting with the West line of City Limit Line as said line existed on February 21. 1957; thence N. 75010' W. 7.35 feet; thence N. 10015' E. 164.8 feet along fence line to intersection of said City Limit ,Line; thence S. 7038' W. along said City Limit Line to point of beginging. . . ALSO EXCEPTING the tract described in Book 213 at Page 104 more particularly described as follows: A tract of land lying in the NE 1/4 of the SW 1/4 of Section 12, TO,,"<1ship 10 So,:,th. Range 85 1-1est of the 6th P.. H. Said tract is more fully described as follows: Beginning at a point on the north line of Francis Street extended westerly (Francis Street being a street in the City of Aspen. Colorado) from whence the Northeas t corner of the NE 1/4 of the SW 1/4 of Section 12 bears N. 9015' E. 297.17 feet; then('e N. 75009'11" 1-1, 42.80 feet to the center line of Castle Creek; thence S. 54043' E. 207.08 feet nlong the center line of Castle Creek; thence S. 36.19' E. 46.00 feet along the center line of Castle Creek; thence N. 62050' E. 89.12 feet; thence N. .3058' E. 41.61 feet to the north line of Francis Street extended westerly; thence N, 75009'11'" w. 244.65 feet to the point of beginning. ~~: ....~.: ALSO EXCEPTING a tract of land in the SE 1/4 NY ]/4.and Section 12. Township 10 South, Range 85 ~est of the 6th as follows: the NE 1/4 SW 1/4 of, .. P.M.. more fully desciib~d; . . ... . '.'-..-- .. :"', Beginning at a point which Is the Intersection of the Aspen Townsite line between ,l. Corners 6 and 1 and the North line of Smuggler Street whence the center corner . .~~ of said Section 12 (which Is a brass cap in place marked center 1/16 Cor., Sectfon' 12) bears S. 65049'30" E. 361.55 feet; thence S. 7038' W. 335.18 feet along' said Townsite line to the Intersection with the prolonged centerline of Francia Street. thence N. 75007' W. 187.51 feei along said centerline of Francia Stre~t . '0, 90f 1 h' prolonged to the base of steep bluff; tnence N. 3 58 E. 1 6. 5 eet a ong t e base of the bluff; thence N. 7042' W. 156.03 feet along the base of the bluff. to the prolonged North line of Smuggler Street; thence S. 75007' E. 234.47 feet' along said street line to the point of beginning, .' .. County of Pitkin, State of Colorado. --: '. '.' ,. . -. ......!. ... . "0' I: I ! " . ' . .. . '. . EXHIBJT ~ (jI)~:L ". ...... . '.-__..... I... _~. ''"___~' " -., " .' . I j \ . " .., ~' .f' , " .....-------.-----, -~,... ...-.".."...... LEGEND ~ NOTES o S"o..rk,O ~V""Vev VONVMl-::'.....,........ d Ro:c:..-.", _/ CAP ~ ....0-......1'::0 o ~r;:.T . S RE:.O,lll.q _I c....". .~ pc~........... ~"'7l:O.'" . ~p,,,,~ SIi:."r =-U""~y .COH"rAO... co~"""'oo it)T...,TC H'GHW"'~ LOc..AT~O nv ....:\.~"'MI.....Go c.o.,.T'GvO..J:\. CC....T~~...'Nc: WITH H....L............. ....."E"CT 'N- II SCALE . INert.. ~L-~ . " ISO ""EI!.T 'OF- .l,S ~ .- -----. CERTIF"lCATION X. GI!:.....JtD H. PC:~""""""', CP.:R.TII'"Y TH"'T Tkl3- "IJI,.T I~ ~eo F~M Fll!:l..O N.oT~~ OJ'" II>" tloOq,"l!Y """'1:>l!~:' l1ND&:R ......y SUPEAvl:looc;:wo.a Dvl\lN~ OCT. ''''7.0 :.. .- ..."" '''.' I .< ',y" ~. "--~-...........i .......'" _....y__..._ i I ..... . .. . ---'....- ",-,. ::Xltt,JJl . c. , t '. y" ...,-. ..~ ..... &. ....... s-r,."'r.r: ""'GJ.y """''' "'~l&~ ,. .:,~. Co' ....../ ...\ i. to. ....\ . : ~'i I , . i' F.....o. ' co,,- -, ~"tL... T"_""'T~ ,.....~ ...... ... 0::0..0;;.. -Iv... ....... "". -"$ Cl;>I"'.........~.o:.O t.c.'~ ( P)"_ 0'" .r. .....e>."',.....a..D ~T'_\ ,.... 6.._ LLTTC.ot, - .'#';' <.-,. ':':"'.<0 Do,.T".c:> .......... >0. ...".J. .._.._.... ...._ PROPERTY SURVEY FOR JI l'>-!., _ :l:!AG_G S .'; 10" ^ TR.....c:.T 0" L.......U;) ~ITV.....TCO ."" Htt"....,. 0,- "rl'll!: !:.V"'''-f SEc:.-nON 12. "'O'W"'S""~ 10 ~"'T"'. R.......CE e~ W!!:ST Co.... ,.."""". c.,,...... 0" ~PK.>,o. P.T....14 C4>..>>.171' COl.,DR."'-CO ny ~UR.v~y E"'(i.l\~..:rJoJC.~ P.o. boc ~~ -....~O=OI!:....CO~. ~IIO:VI~e.O '1 /~O/7D ,..-:-;"'.:.:;:-,;.,.. ..",...-,. OI~7'''' EXHi3JT . . I (l!~ 3 '- i f j '------ ~ -' r'..... ""' ,,,.., ,",j ~EMQ~ANDQ~ TO: RICHARD GRICE, PLANNING DAVE ELLIS, CITY ENGINEER~~ FROM: DATE: April 11, 1979 RE: Herndon Subdivision - Conceptual Review In reviewing this conceptual subdivision application, the engi- Deering department has found several problem areas. The first area of concern is with the access to Parcel B; the access as shown is not adequate since it is bot'h too narrow for emergency vehicles, and new entrys on arterial roadways are prohibited. A second area of concern is with the inclusion of the prescriptive right-of-way for Power Plant Road and the Castle Creek Bridge within the pro- perty ownership; d~Qication of these rights-of-way will be neces- sary. We would also warit -to thoroughly examine the extent and loca- tion of the other access and utility easements indicated on the survey and in the titlecommittment. The third area of concern is with the supply of fire protection and domestic water service as indicated by the water department. Although the present concept for subdivision of the tract into two lots is not acceptable to the engineering department, we feel that modifications such aS~PA~~'fi'g<illW<W"~~"'Ii_~'i'Q@l;<1';~ mU~may provide a viable subdivis.ion. We also feel that the question of water supply can be satisfactorily resolved. Subject to the above concerns, we would recommend approval of the conceptual subdivision so that the applicant can proceed to the preliminary stage at which time a detailed examination can be made of the concerns expressed here. jk cc: Gideon Kaufman EXHIBJT 02 't. ... -1/ --',---~--'--- .__.,~ . . ---~._----- MEMORANDUi-I ~"-'---"._---"_._--- --~_.- , TO: FROM: RE: DATE: Aspen Planning and Zoning COllunission Richard Grice, Planning Office Herndon Subdivision - Preliminary Plat - Public Hearing ,~, ./ "'"'" ...", July 25, 1979 This is the preliminary plat revie\~ for the subdivision of a 44,250 square foot parcel owned by Hr. N. C. Herndon, Jr. The parcel of land lies at the west end of Francis Street overlooking the Castle Creek, is zoned R-6, and presently contains one single family residence. The subdivision falls under the Growth Management exemption identified in Section 24-10.2(d). That exemption allows for the construction ofl';Pu' " , 0 ~ on a lot subdivided after the effective date of the Section, where the tract of land to be subdivided had a pre-existing dwelling and no more than hlO lots \'Iere created by the subdivision. The proposal is to split the property approximately in half with each parcel containing in excess of 6,000 square feet of developable land, less than 30% slo~e. ~/iIlIWi.;laa~j'}~ctreI--~!ill.lll~~~_'iliid,"'1'9I'l9i;fj~ \ ~Wc-'tIl _ , The Aspen Water Department has commented that they will allow one connection only of a water service line to the existing 14" steel main located on the south side of the water easement under the follO\~ing conditions: ~ 1. One connecti on on ly. 2. Service isolating valve that can be operated by conventional valve key ,(i.e., 2" cast iron square head gate valve with street box). 3. Parcels A and B must both'be serviced off of this service line, so that in the event of a problem with the service, it will not be necessary to shut down the transmission main. 4. Thirty (30) days notice prior to the commencement of water service tap, in order that we may purchase a special tapping saddle and valve. All speciality items required to tap the 14" steel line will be paid for (an additional charge) by the persons making the water tap. Heiko Kuen of Aspen Metro Sanitation District has commented that he sees no problem in serviCing the proposed subdivision with sanitation facilities. There appear to be several lines nearby that have capacity for additional hook-ups. Willard Clapper of Rocky Mountain Natural Gas has no problem with the subdivision. "'. Mountain Bell has requested that all streets and driveways be dedicated to the use of the public utilities. Bob Jacobs, Fire Marshall, has stated that while the access does not comply fUlly with the A.M.C., it should be adequate in the case of emergency. .", - As of ' the time of this writing we have not received cowment from the City Engineering Department. They have verbally informed us that they know of no problems so severe as to prevent the subdivision's ultimate approval and request that your approval tonight be subject to forthcoming Comments from the Engineering Department. The Planning Office recommends approval subject to the resolution of the above concerns. ".'A" 4.i '\ '\ 1 I . t I I , I .. , I I I I , I 1/ " . '. . .' I "...II>-"-..~",=,..~.",-- ......::.:..:":"f:.- ~';""-...;.':;,.,.;.:::;~.. ',::'-:_:;:: :"'::;':'===:-:;:':. ..L -.-r-- ...- . 0, J:'VUI'01-r ? ~'--.. .' '.-,,,," '<.. ", '.........-- r ! , t ! f ill i " .... f i ! , 1 ; , ~ 1 i ! , I 1 i i 1 t f " I i I I ~ ..' r t t. , . ! " ned ey ed. 1- :e 1. )thsh," "1 Pap is Reo t I'k et rh', Bo~ ~ ing t here tted. 'ere ce a- , . se:::;' 'W,lt'O ,I is' oJ.'~ -"-,' .,' ..:!i,,~ -', a'-, '~'~.:i"""'i' .^ '. ....- . c', ,~ . '':'':",~ .. .' -;' ~ '-. .. . ~- , . ,~J-'t . ,. ~" . .. , -. ,-"' ""ir 2627 fW9u~a::__~t~.=.!-~_n.~ Aspen C_it~~~~_cil APE_il 23, 1979 -*------ KING REGULATIONS IN OFF-SEASON .ll..:,...~R r Standley said this has been put on the agenda for reconsideration. There have been tl~YOt of complaints and disgruntled people. Councilman Behrendt said one of the problems ll.l~ city has is creating confusion with the irregular enforcement. The Hunicipal Court v~t rtment would like to see the enforcement stay on during the off-season. Chief of dt'i~ce Rob NcClung said the police department has a definite problem with enforcing off- PO~on parking- The citizens would like to see the streets returned to them during the 6~~_season_ Hcclung said in a community like this, everyone would like the chance to relax ~uring the office season and have no press~re from tickets. McClung said this is the only time he can allow the TCe' 5 'to go on vacat~on. ~ N yor standley moved to reconsider; seconded by Councilman Wishart. All in favor, with the c~ception of Councilman Isaac_ Motion carried. councilman wishart moved not to enforce on-street parking during the off season: seconded by councilwoman Anderson_ Councilman Van Ness asked for a date specific; Counci~man wishart added to June 15 to his motion_ councilman Wishart asked if this is timed parking only. ~ill be enforced. Councilman Isaac said he felt- this is solve the parking problems. Councilman Parry agreed. Councilrnembers Wishart, Anderson, Van Ness and Mayor Standley in favor; Councilmernbers Isaac, Behrendt, and Parry op~osed. Motion carried. Council said yes, everything else a step backwards in trying to SUBDIVISION EXEHPTION - Helmich Richard Grice, planning office, told Council this is an application request for condomini- umization of an existing duplex in West Aspen subdivision. The Helmich have lived on one-side for 10 years. The other side is currently rented for $450 per month. Helmich has no objection to 5 year restriction within the housing pool. Stock has reco~~ended approval subject to the property' being deed restriction to six month minimum leases and to comply. with the notice and option requirements, and that at least one unit is restricted in price and occupancy. The engineering department has requested approval be conditioned upon receiving new improvements surveys. The P & Z has recommended approval subject to the comments of engineering and the City Attorney. Councilman Behrendt moved to approve the subdivision exemption given engineerings considera. tions and the restrictions imposed by City Attorney Stock: seconded by Councilman Wishart. All in favor, motion carried. SUBDIVISION EXEMPTION - Victorian Square Condominiumization Grice told Council this application comes from Garfield & Hecht, who own this building and are seeking condorniniumization. The building is occupied by Garfield & Hecht. and several businesses. The subdivision will result in no increase in density, and there are no residential units involved. Councilman Behrendt moved to approve the subdivision exemption for condominiurnization: seconded by Councilman Parry. All in favor, motion carried. CONCEPTUAL SUBDIVISION - Herndon ~p_&1'& ~b--~'=::'~_ _~....u-..--...(t..~ lh...--,li~..r=0:7 ~..E~4f)~H.!. ....."c:w<;.J.':!""m~_ _,. ~~~ . ._"'~~~S:~~h 11!i The lots ar~ located at the \'1est end of Francis streets and are ~n excess 0 44,000 square feet. ~1r=....~uew,,=__p:.:."- ~"'-1'" jPl:Eiili:! _.1 CJ:8IIf'L--..~__..Jr,-,-"~~ f.le'j "'.., " . . . _ .ea Narky expressed doubt on adequate water supply_ Dave Ellis had some concerns, but feels these problems can pe addressed along with access and easements, and these can be addressed at preliminary plat "- s~a~e. P & Z recommended approval with the understanding these concerns will be addre~~. Gldeon Kaufman told Council he had gone to the property with Dave Ellis and Boo Jacobs and eVerything can be worked out. There are adequate water main, and the access will be off west Francis street. '. Councilwoman Anderson moved to give conditional approval: seconded by Councilman Wishart. All in favor, motion carried. ~UBDIVISION EXEMPTION - Blitz Ms. Smith said the planning office reco~~ends approval of the Blitz condominiumization application, which is a duplex on lot 14 of the Anthony Acres subdivision, zoned R-15 and does allow for duplex. The application received 8040 greenline review in 1975. Ms. Smi~h said this is not affected by displace of low, moderate and middle income tenants as It is recently build and never has been occupied~ P & Z recommended approval w~th condition of a IS foot trail easement, and the property should be deed restricted to six month minimum leases. Bob Jacobs has reviewed this for the impact on fire accesS. ~Ob Jacobs told Council this property has no emergency access road. The road they face.on ~s covered by snow six months of the year and is unusable. The owners have shown a d:s~re o provide private equipment. Mayor Standley said he felt the fire access was a ser~oUS PrOblem. Gideon Kaufman told Council they had installed a fire hydrant and have bought ~ose. Mayor Standley said he was not interested in supporting this with the fire dangers. . aufman told Council this is a 6,000 square foot duplex; a 4,000 unit on top two floors and : 2,000 unit on the bottom_ Councilman Van Ness pointed out the City has an entire process ho.gO,through, and tell people what the rules are and what they can build. After the sUlld~ng ~s built, you cannot come along and tell them the building is no good.. Ma~or tandley said the person who builds this knows what the risks are; a person buy~ng It may not know what the risks are and will come back on the City because there is no fire pro- tection. E)01mlTL.J(~ ~^:' T I i ~ ~ >; ~ " ;" ...." it , ! '.!e ';;t ~ ~ ~ ~ ~ " ~ ~ ,jj I , N 1 ~. i , tl' ,- t js" ~ i ~ ~. i I ~. '''; ~, , I "oJ" ! t ...... ~ e :_,' ~ ! ~ .tlsi=-.; ',.#.. ! " l ,n _ i i. i f ~.~,. i -, ~ 5 I " ~ . I 'J!:'. R a '''- ---;-.:.: c:i . " 't-'.!. ........ , , ;"1 I I I j i3~ aSe, l':\e::" He; i )f I i ~ste~ -~ '0 :JIi'" ::e55 )rt- ot ion ot · tlY :?f' ed . .;.,~. ,,--"....;...-'~<';... .. " . . ,~ ", \ "-' -, . ,- .,' ,...:..-~ ,;.- .......:..~. -, 278l "".. Aspen City Council :. .~ .~_:-.: - - -~ _-: December 17, 1979 ~ ~ : :~ . ~e<Jular !-1eeting -- :1~VISION EXEMPTION - Roosen ~ vann plannin office, told Council ~his duplex seeking condominiurnization through \ sunnY tion is located on West Alta vista Drive. The rental rates currently and have ~ ' t!t)(.ernp rical1Y exceeded the housing pool. The engineering department reco::'.mends approval " tliS~O ct to a number of conditions and the applic.:tnt agreeing to enter into a sidewalk ) $~b)e'ct. The attorney comments that the units should be conditioned upon six month I i d..~r~m lease and notice and option provision. The planning office recor.'.1nends approval .' ~lnlmct to those conditions; P & Z concurred. ~ :::::ilman Behrendt moved to approve the Roosen subdivision exemption according to the :, ~ovenili~r 29, 1979 memorandum; seconded by Councilman Parry. All in favor, motion carr~ed.l I -= -=-- ~BDIVISION EXEMPTION - Pedersen G ice told Council that the motion to have these remain single family was defeated. I,' 'ever in the conditions for approval, the owners are to seek individually historic i d~:igna~ion for the structures. ~rice :ai~ there is no re~erence to gOing. before HPC.. ~!.1.yor Edel requested that staff g1.ve thl.s l.tem more attent10n before Cour.cl.l votes on .~t. I ~ 1\ i: '! Yl~AL PLAT APPROVAL - Herndon subdivision crice told Council this is final plat approval for 44,000 square feet in the R-6 zone ~t the end of Frances street overlook in Castle Creek with an existing house. The r~quest is to put a line through the property to create a second building site. Grice :uid this application is made under a growth management exemption~_~~E.~.~ .-.:!a~ ~il~"-'''~~' - , _"""""";!r~. Both the engineering J~partment and planning department have reviewed this and found that all conditions have been ~et since conceptual. Grice pointed out there are two quit claim deed needed for the western boundary. I Councilman Parry moved to Councilman Behrendt. All approve final plat for the Herndon Subdivision; seconded by in favor, motion carried. ORDINANCE foBl, SERIES OF 1979 - Electric Appropriation Ordinance Councilman Isaac moved to read Ordinance ~81, Series of 1979; seconded by Councilman Pdrry. All in favor, motion carried. '.... ORDINANCE i8l (Series of 1979) AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE ELECTRIC FUND IN THE AMOUNT OF $140,277 FROM UNAPPROPRIATED REVENUES AND $55,723 FROM PRIOR YEAR SURPLUS; APPROPIRATE EXENPDITURES OF $196.000 FOR PUHCHASEO POWER; AND DECLARING THAT AN EHERGENCY EXISTS REQUIRING HU1EDIATE ENACTMENT was read by the city clerk. j :i ~ I 'j i! " Councilman Isaac moved to adopt Ordinance i81, Series of 1979, on second reading; ~~conded by Councilman Parry. ~s. Butterbaugh explained this is due to increased rates from public service. The city Is loosing ground in their revenues and will be back for a rate increase. Because of increased cost, there have been more revenues but the city has.had to payout more. Roll call vote; Councilmembers Behrendt, aye; Isaac, aye: Collins, aye; Parry, aye; Van Ness, aye; Michael, aye; Mayor Edel, aye. Motion carried. CITY ~IANAGER 1. KSNO Building. City Manager Chapman told Council KSNO offered to donate their build- ing to the city prior to the end of this year. They agreed to pay the city rent of $750 ~~r month to the maximum of $4,000. Chapman said if Council wants to accept the donation,' .e WOU~d need a motion, and he would bring a lease back to Council. Chapman pointed out the bU1lding would have to be moved or demolished at the beginning of building season. ~~ty Engineer McArthur said the parks department would have use for this building out at e ~Olf course. Mayor Edel said if they would pay the city $4,000, would the city wind ~p W1th the same problem of setting it up and costing more. Ms. Butterbaugh said there 8 no money budgeted for this. ~ounCilman Behrendt pointed out the space at the golf course is open space and the city ~eps.putting more things on it. Councilman Behrendt said he did not see that this thnef~~ted the city a lot, and this would also preclude the P & Z decision of allowing the bU11ding at the golf course. Chapman suggested finding a use for the building and b~~n ~ccepting the donation and the rent money. If Council decides not to move the thlld:ng, it can be demolished. Councilman Van Ness said before accepting the donat~on, . e C~ty should have a definite use for it. Mayo~ Edel said unless the staff determ~nes Use and the P & Z goes along with it, then Council is not interested. ~~ ~ill Street Liqhtinq. McArthur reminded Council they had asked for a break do\Yn on ~c~ts for l~ghting on Mill street on antique lights versus standard highway poles. ~hir~hur showed the closest pole he could fine resembling what is already in" the city, 12 c costs $2995 just for the pole. The antique lights are $3150 per pole, and at least ~CA~oles are needed. The regular a1uminimum 30 foot pole cost about $738 per pole. and th~r said he had not seen the pole resembling the city's, which is nade in Hexico Hillwelghs only 100 pounds. The engineering department figures $8856 for lighting on elim.str:et; the antique lights would cost $39,000. The $27,000 difference would mean Inatlng four streets of paving in the downtown. . , f I j-., I // ~ EXHlmT~'!t "" - ,~, ~.~~. .. j I I , , :::~'i; . ->-',.,-'" " '- ' - - ',' Febru~ry 11, 1983 "' .< ',' , -':::~-::;.~;:~~/~~:"~;\ .,'" -,'-' '.:''';';, ','~';'~-'. :~~j " '(;:':;~;:'>;~;~J~So: Bill Drueding Zoning Enforcement Officer pitkin County Building Department 110 E. Hallam As~en, Colorado ~l611 Re: Herndon Subdivision Dear Bill: At the variance hearing on the Stan Mathis duplex application, you indicated that it might be helpful if I furnished copies of certain documents that I found in my research of the City records. Although I understand that Mr. Mathis has withdrawn his application, I am happy to furnish my information on the single family restriction and access issues for whatever use it might be to you in the ruture. i' There are three pertinent files in the City archives. These are: Title File Code Herndon Subdivision ,Herndon Resubmission Hetcalf SU 47' SU 47' EC 47 From the first file mentioned above I have obtained,and enclose copies of the following: 1. Application including property description and conceptual plat; 2. City Engineer's memorandum to Planning Office dated April ll, 1979; '" .' ;,,-- i J ," -b" ~"- ". EXHIBIT '.C''- ". ',;-' ~/-:: "",--~:~~~:,;... :,~> ~..:.,:;?;: ;:~ ....~~ ;~;!Ei~:~.~'},~:~1.::AT:t~ , ; I :.1 ,1' "', #.... "...,J // , nill Drueding ; February 11, 1983 Page 2 3. Planning office memor3ndu~ to P & Z dDted July 25, 1979 From the City Council minutes I have obtained ~nd enclose copies of: 4. Conceptual Subdivision - He~ndon, Bock 6, page 2627. 5. Final Pla~ Approval - Herndon, Book 6, pCl,ge 2791. With regard to the single family restriction, you will S2~ that 5 24-10.2(d) controls. This appears quite clearly from certain language in Enclosures 1, 3; 4 and 5 above. I have highrighted the pertinent language in yellow on 'the enclosures. The access issue does not emerge Quite ~s emphaticallY as does the single family- restriction. Nevert~eless I think it is-quit0" clear that access to Parcel B is from West Francis Street via the access and utility casement across Parcel A. My reasoning is 25 follows: On the plat attached to Enclosure 1, the applicAtion, the only apparent access to Parcel B is the 10 foot ease~ent from Highw?y 82 which crosses the Crystal Palace Corp. Parcel. In Enclosure 2, the City Engineer objects to the pro~osed access as too narrow and entering from an arterial. He recommends access off "West Francis Street." (Highlighted in pink). Finally in the plat of the First Amendment to the Herndon Subdivision~Book 11, page l4 the former easement across the parcel owned by Crystal Palace Corp. has been eliminated. Since' there is no mention in any of the file materials Lhave"" seen of accessing Parcel B via the alley in Block 4, I conclude that access to Parcel B must be from West Francis Street viae the platted access easement which crosses Parcel A. In, case you don't have copies of the official p12ts I enclose my only file copies. Would you please return them after you, ha'7e looked them over. I hope this information will be useful. Yours very truly, ,.-"".... James T. Horan JTM/jlf enclosures cc: Mr. & !-Irs. Carl Bergman -..----_.._-- ...' ~ ,----.- ~._.. ; J 0' - .-.-......... - ". .... ^_. J lAW OFFICES OF GIDEON I. KAUFMAN GIDEON I. KAUFMAN A P'ROFESSIONAL CORPORA T'ON BOX 10001 611 WEST MAIN STREET ASPEN. COLORADO 81611 TELEPHONE AREA CODE 303 925-8166 DAVID G. EISENSTEIN March 31, 1983 , Alan Richman Aspen/Pitkin Planning Office 130 South Galena Street Aspen, CO 81611 Re: Donna Curton Employee Unit Dear Alan, Please consider this letter an application on behalf of Donna Curton for an exemption of an employee unit from the requirements of the Growth Management Plan quota system for the City of Aspen. Donna Curton owns Parcel B, Herndon SUbdivision. This lot is a duplex lot containing 21,950 square feet. However, because the lot was split pursuant to an exemption from the growth management quota system, all that is. permitted on this lot is a single family unit without further growth management approval. Pursuant to Aspen City Code, Section 24-ll.2, Exceptions, a unit of employee housing constructed pursuant to Section 24-l1.l0 may be exempt from the growth management quota system provided it gets the approval of City Council Upon the recommendation of the Planning and Zoning Commission. The one requirement is the showing of community need considering the number of units, the type of units and the rental mix. I have been in contact with the Housing Director, Jim Hamilton, who has given us his support for the type of unit we would like to construct. Donna would like to construct a duplex on the site, containing one free market unit which is allowed by right and another unit which would be allowed under the employee housing exemption from the Growth Management Plan. There will be no necessity to vary any of the density or FAR requirements or any other requirements of the Land Use Code. We simply ask that allowable density be permitted on this lot. To accomplish this we need the exemption from the Growth Management Plan for the employee unit. } E:XHISIT:L- /1, J l'''"''''' "",,,., . Alan Richman March 3l, 1983 Page Two The contemplated size of the unit, per Jim Hamilton's request, is 1,300 square feet. It will be a three-bedroom unit and Donna would like to be able to rent out the unit and then sell it or continue to lease it, at her option. The employee unit will be governed by the middle income guidelines. This is justifiable because this project is not a large multi-unit complex; rather it is a duplex and as such construction costs and high quality of the unit dictate the middle income classification. I look forward to having this item placed on your next available agenda. If you have any questions, please feel free to contact me. Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, a Professional Corporation By ~~ma" GK kw cc: Donna Lee Curton Donna Lee Curton Trust I 7-v< -" ...."'"' " j.'" ....." ~ SCHEDULE A Order Number: 11192 1, Effective date: NOVEMBER 19. 1982 AT8 :00 A.H. Commitment Number: 2. Policy or Policies to be issued: Amount of Insurance Premium A. ALTA Owner's Policy Proposed Insured: DONt~ LEE CURTON TRUST s 112,500,00 $269.81 Tax Certificate 5.00 B. ALTA Loan Policy Proposed Insured: s c, $ 3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof vested in: R/iliP~ CURTON, JR. 4. The land referred to in this commitment is described as follows: Parcel B, HERNDON SUBDIVISION, according to the plat thereof recorded August 15, 1980 in Plat Book 10 at pages 31 and 32, a8 Reception No. 226007, County of Pitkin, State of Colorado. , ~~~~;? -= /S~~__ Authorized Countersignature I Page 2 . STEWART TITLE GUARANTY COMPANY 1652 1. -~:'::I".:;':'l;t'~t,:;;;il..L,,:. '~:~:~i,~.:;L;~i~i.4:i;&'lli\;;~Alili~.;J:J.~~~~iil-i1i~wi~~~i;f.~W.d.~t.~_ti;;1~;;V-~~Ji~~i..~;:.t1.;~.~~?;.;;r~~~i::..~:ill.i-i~IT~~~m~~:~~~ 7~3 ","', ~ ',,,; SCHEDULE B - Section 1 -- Order Number. 11192 Commitment Number: Requirements The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to. wit: 1. Affidavit by a Trustee setting forth the n4~e of the Donna Lee Curton Trust, the n=". nnd addresses of lIll the Trustees who ore represented by such "wne and the <1t1thor1ty of the "ffiant to execute and record the aff1davit, iIClcl the authority of th", Trustees ",ho are thereby elllpowercd to conveyor otherwise act on hehalf of the Donns Lee Curton Trust. 2. Evidence satisfactory to Stewart title Glmrnnty C~pany, furnished by the Office of the Dire.:tor of Finance, City of Aspen, that the t'Cal estate transfer tax pursuant to city ordinance 110. 20 (Series of 1979, has been PJ'id or that conveyance is e?.=pt frOiS said t..". 3. Deed from vested owner, "estinI.; fee simple title in purchaser(s). \ \' ingress and egre 8 o"er Parcel A. HERNDON vehicles, nonm or ~ehiclea nnd pedestrians hI! plat of the UI'!rndon Subdivision, luslve use and benefit of Parcel B. ~OTe: Said deed ~u~t also con"ey tbe fol Togetber with an easement for SU~ulV15rO~, to be used by mo as such eaee""",nt is described n ",hich ease"ent shall be for the ) " "".-.' ,. "';""" '[~'il;,;;~,j,~:.;.;; . Page 3 " .' "., AGENrS FILE COPY, ';"',;";.11':,,\0,;,"'.;,:,,:. '3,.>1';\'1'.";;;'; .,,~ ill",. "It,..'.....','.)"' ,j:,_..I"-.. ~..";..,. _ ~ ''f'. ....~., } STE,\"ART TITLE 1653 GUARANTY COMrAHY ~..,.",., ~~ '- i;Pi.. ;;~~~l:~i; ,...",. 7~''I ,';,,;, I""'- "-" , Order Number: SCHEDULE B - Section 2 Exceptions 11192 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: Commitment Number: 1. Rights or claims of parties in possession not shown by the public records, 2. Easements, Or claims of easements, not shown by the public records. 3, Discrepancies. conflicts in boundary lines. shortage in area. encroachments. and any facts which a COrtect survey and inspection of the premises would disclose and which are not shown by the public records, 4, Any lien. or right to a lien. for services. labor or material heretofore Or hereafter furnished. imposed by law and not shown by the public records. 5, Defects. liens. encumbrances. adverse claims or other matters. if any. created. first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment, 6. Any and all unpaid taxes and assessments. 7. The effect of inclusion in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 8. The right of the proprietor of a vein or lOde to extract and remove his ore therefrom. should the same be found,to penetrate or intersect the premises, as reserved in United States Patent recorded in Book 55 at page 35. 9. An easement for Water line 16 feet in width, together With the right to enter alo~ the course of said easement for maintenance and repair of said pipe line, as set forth in instrument recorded December 10, 1959 in Book 189 at page 320. 10. Pole line ,easement along the Southerly line of Subject property as shown on Plat Map recorded August 15. 1980 in Plat Book 10 at page 31. 11. Easements affecting subject property as shown On Plat August 15, 1980 in Plat Book 10 at pag 12. Easement granted Aspen 11 17. 1978 in Book 348 at on District, corded llay recorded 13.' Easement 14. A 183 at page 286. 15. dated September 1, 1981, eXecuted by Ralph Curton, Jr. to tee of Pitkin County" to secure an indebtedness of $112,500.00, in favor of Richard Grimes, recorded September 4, 1981 in Book 413 at Page 594 as Reception No. 235373. t recorded in Book 172 at page 197. xcept ions numbered are hereby omitted. ~ '-.". "~:.''''~~--,..'-'J.''''';''':'::'';;'''''''-''_L ,=:':':;:;-,;,:;r::I"'"C:.:,:::::' ='7::-., c,;,':=-X::c::::=2':i.7.::::=:r:::::=E:==r::z ml-r':F:',:;:;::::::::,:::,:[;:;:,:,:: I Page 4 Copy FOR ISSUING OFFICE STEWART TITLE OUARA.NTr COkPANY r~jT,.:: 54 . '. '''-~~~',"~._--" . -""'; . ~-""""~":"".l...:.;" ~_~_._ _.:..~..._. 7_r ,,"""", ~,,,., '~, .", ",,, MEMORANDUM TO: Aspen City Council Colette Penne, Planning Office FROM: RE: Curton Subdivision Exemption DATE: June 13, 1983 APPROVED AS TO FORM: Location: Parcel B, Herndon Subdivision. Zoning: R-6. Applicant's Request: An exemption from growth management allotment procedures as per Section 24-11.2 of the Municipal Code for the cons,truction of a deed restricted employee unit as the second, unit of a duplex on Parcel B, Herndon Subdivision. Referral Comments: The City Engineering Department has no problems with the proposed exemption for an employee unit on the site relative to engineering concerns or provision of services. There has been some discussion concerning access which appears to be through the access easement in Parcel A and not through the alley in Block 4. The Housing Authority Board has reviewed 'this application and makes the following recommendation: "1. The unit be restricted to the middle income price and 'occupancy guidelines for 1982. 2. The unit be offered either for sale or for rent provided that if the unit is rented, it be for not less than a year period. 3. The applicant be allowed to select her tenant if for rent or purchaser if for sale, provided that all tenants or purchasers be qualified by the Housing Office prior to their occupancy." Planning Review: Office Parcel B was formed through a lot split obtained in 1980. The lot contains 21,950 square feet. Since this lot area allows for construction of a duplex in terms of area and bulk requirements, but a single unit is all that is allowed pursuant to the lot split, the applicant is proposing to construct a deed-restricted employee unit as the second half of the duplex. I . Section 24-ll.29(f) provides an exemption from the compliance with GMP allotment procedures for employee housing units deed restricted in accordance with the City's adopted employee housing guidelines. The unit can be exempted from competition by the City Council, based on the recommendation of the Planning and Zoning Commission. The unit will be subtracted from the residential quota: The review for such an exemption request is to include, as per Section 24-11.2(f), "a determination of community need considering, but not limited to, the project's compliance with any adopted housing plan... specifically regarding the number of bedrooms in each unit and the size of the unit, the rental/sale mix of the development and the proposed price categories to which the units are to be deed restricted." 7~6 . .- '.l- ,"/ /' / """'''', // / / '.,.,.. Memo: Curto~ Subdivision Exemption Page Two June 13, 1983 ,These criteria were addressed in the review of this unit by the Housing Authority. Planning and Zoning Commission Action and Planning Office Recommendation: The Planning and Zoning Commission and the Planning Office recommend approval of an exemption from growth management for the construction of a deed restricted employee unit as the second unit of a duplex on Parcel B, Herndon Subdivision with the following conditions: I. The unit be 'restricted to the middle income price and Occupancy guidelines for 1982. , r , f 2. The unit be offered either for sale or for rent provided that if the unit is rented, it not be for less than a 1 year period. II 3. The applicant be allowed to select her tenant if,for rent or purchaser if for sale, provided that all tenants or purchasers be qualified by the Housing Office prior to their occupancy. Council Action: Should Council concur with the recommendations of the Planning and Zoning Commission and the Planning Office, the appropriate motion is as follows: "r move to approve the Curton Subdivision Exemption with the following conditions: 1. The unit be restricted to the middle income price and Occupancy guidelines for 1982. 2. The unit be offered either for sale or for rent provided that if the unit is rented, it be for not less than a I year period. 3. The applicant be allowed to select her tenant if for rent or purchaser if for sale, provided that all tenants or purchasers be qualified by the Housing Office prior to their occupancy." .. .. I :1 ,) . i 'i ! . ' , ',7~7 'ji ,j .' t " ~ /<' . /'" / ,.."""'>., ,..... . /' If : .....j..~~ j" ~....> .-";., \ \ J ...." ...~ ~ ...... ....ll.y_~.J"JIlt: =f \'.... l...l."..,....., .,.' I ,...~"""'""'-. - ..~, <<. ~~"U,U -~~--:. '\\~~.? /1 I ..........1;> ,. ';/:.K ~..... I lIl'. .. ,.. ;{_"-~~ "'" . /;. .; ,v I".':'';' . __~ _~~tl'.... ' '" . -. ',.",~". ~ "'v,..".__ I,.., ~__" ./ '''-'''-,o';;,;?;; '. ..". '. ...... '..r" _'-""~"",,_, " '(.-Y......' K:;:.~ \.., :6~1t,,~,,----.:,:.-::1 "--";-- --'-_~' '1; "",,-' " ""''#--.... . I .. .0.~ ~,,~. , ~ 1'. ,.,. \. " '-". ....., " - '. ... x" -~ .-00;; .\ "',ff ...t> ~ ~, ~: f. "t1'U" ...... ..... - . .-,~' ~,"..~' '?7 "".. - , ;' , ._-,;, '. ~. '1ci ""'" "~'j ;.....,' ,. _ 'r'-f~F--r-- . ,. · V'i" I ' ,.. .., .. ,"k.,. .... "i!~ f 1- '...,. -', J{., , , " .... M, I , ../ ..' \ *",' / I "'''', It..~;,. ...,..."", ~ I " ,.L. .,~~.. T ~.". Jo.;....I\bl, .~ - , .......! ',.If -.. ,. \ Ii I I /J~!{ 'I .....~ '"-\''~'S.''I(''' (> I ~ . ,,/. I" ~"'~"i''''-i,' I -.. ", ,,~:~, '. -...... ~m" ~"::::;.. .. ~ ._",' I....;:;, "'''h~iS'';;:';~'.i''-.'(h: /1 ~;'~-::'1~'~" / " ", "",c>' ''''_''''''' , l ." I nu., , ..,...., ........... I " $ ~k~.:.~?.:...~ I --:.....::- ;,if~ ~::~'::::- _. ~ . I ~ ".-~.... / I !,~.. r- 'LLh .._ J' I~ id ,... ::::,' ..... .... 71'./ ,',U;O: 4r~/ 1';::'1 "I' I "1 t-~/': ,'.... - --. . _. i '1 · !..... I I' ,:', ./; \ ""-,--- I! -"7 "/ '/ ; I I' I,;lOClI"T_ . I I ~ \ I 1 ---r- .... , I ....~. :~-:..,~u.._. ~":~o.;;N;;od.. L ---...J......_~_.... --- , ~O' . COlOlt400 Srlotf ...'0........,..,0 ., '" " .'--.- ~i~ ;f' '. " . . " I' " """~- NT" f'Q.JOOO.....:...~'~"'""':"~-:.. '. , :;:......ntlo't~.l)~..~T_,. .' ::y:l:'f.n...,;;;;:~..';..:.~-:..::___ > :.:.~~~,.".- . ., ~" . :\ .,~.>~:} C r~,'. I I '. .( : .! f - .-. '"--::;-..;''-.''' " . , ,,j r i i / I ! i " I i ! 1 I 'j ! ~ 7-r 'F J ~ l' I' " ~! '.J ~ ",' ,/ , ,/..,. ,/'- '. . - , '- ..' " ,', f " , \ "'-. , ~~-_._----.--_.-.---..- I MEMORANDUM , , TO: Colette Penne, Planning Office \ FROM: Jay Hammond, Engineering Department * DATE: May 10, 1983 RE: Curton Employee Unit Exemption from GMP --------------------------------------------------------- Having reviewed the above apPlication, and made a site inspection, the City Engineering Department has only one comment that is not related to the matter of GMP exemption. We have no particular problems ~ith the propOsed exemption for an employee unit on the site relative to engineering concerns or provision of services. ~,lItl. l!'.,4r """"I:l.l'T ~€~",="'-e':~J;!~~~~p- "":"b. '" ~"> -., ~....-~~....,.--.hw.1.eman.'J'W~~~- ~~~"Y' ~""ce.~.ft~tt~e!I.W~e'Wa'ecOiii~eli ~b.m:::~~~~s'em-e~~,-....".,~a";~ ~n'C~~:r-..~ c, '!- of , , JH/co 1 " . ; ; ". ) , ". Ji i' , 0- ~i , !~ (' , J! 7--91; ~:<.~'. -pO . , 'i~ j} II ,.,--.~_.-..-_....'..-.,' . ,,/ , ./ /"'. ,.,.'~, , ....... 1 '. ....../ . .. __.O_A... ._. '_'.._. On 0.-_. , 1. ! . ..' .. --._------...~..-..---..... pitkin county 506 east main street aspen. colorado 81611 MEMORANDUM ------ TO: .. FROM: Jim DATE: May RE: Curton Subdivision Exemption "!. 'I: , The Housing Authority Board has reviewed the Curton subdivision exemption with the following conditions: i. I. The unit be restricted to the Middle Income price and occupancy guidelines for 1982. 2. The unit be offered either for sale or for rent provided that if the unit is rented, it be for not less than a year period. < 3. The applicant be allowed to select her tenant if for rent or purchaser if for sale provided, that all tenants or purchasers be qualified by the,Housing Office prior to their occupancy. ; \' I \ .. , '--.----~--:"Iv -'. ~ I ' 7--/0 ~. , . "'"'" ...."" ''"', " MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Colette Penne, Planning Office RE: Curton Subdivision Exemption DATE: May 17, 1983 Location: Parcel B, Herndon Subdivision. Zoning: R-6. Applicant's Request: An exemption from growth management allotment procedures as per Section 24-11.2 of the Municipal Code for the construction of a deed restricted employee unit as the second unit of a duplex on Parcel B, Herndon Subdivision. Referral Cop.'inen ts : The City Engineering Department has no problems with the proposed exemption for an employee unit on the site relative to engineering concerns or provision of services. There has been some discussion concerning access which appears to be through the access easement in Parcel A and not through the alley in Block 4. The Housing Authority Board has reviewed this application and makes the following recommendation: "1. The unit be restricted to the middle income price and occupancy guidelines for 1982. 2. The unit be offered either for sale or for rent provided that if the unit is rented, it be for not less than a year period. 3. The applicant be allowed to select her tenant if for rent or purchaser if for sale, provided that all tenants or purchasers be qualified by the Housing Office prior to their occupancy." Planning Review: Office Parcel B was formed through a lot split obtained in 1980. The lot contains 21,950 square feet. Since this lot area allows for construction of a duplex in terms of area and bulk requirements, but a single unit is all that is allowed pursuant to the lot split, the applicant is proposing to construct a deed-restrtcted ~mployee unit as the second half of the duplex. Section 24-11.29(f) provides an exemption from the compliance with GMP allotment procedures for employee, housing units deed restricted in accordance with the City's adopted employee housing guidelines. The unit can be exempted from competition by the City Council, based on the recommendation of the Planning and Zoning Commission. The unit will be subtracted from the residential quota. . ' 7~/1 ,'., ,",,,", ...... - Memo: Curton Subdivision Exemption Page Two May 17, 1983 The review for such an exemption request is to include, as per Section 24-11.2(f), "a determination of community need considering, but not limited to, the project's compliance with any adopted housing plan... specifically regarding the number of bedrooms in each unit and the size of the unit, the rental/sale mix of the development and the proposed price categories to which the units are to be deed restricted." These criteria were addressed in the review of this unit by the Housing Authority. Planning Office Recommendation: The Planning Office recommends approval of an exemption from growth management for the construction of a deed restricted employee unit as the second unit of a duplex on Parcel B, Herndon Subdivision with the following conditions: 1. The unit be restricted to the ~iddle income price and occupancy guidelines for 1982. 2. The unit be offered either for qale or for rent provided that if the unit is rented, it be for not less than a year period. 3. The applicant be allowed to select her tenant if for rent or purchaser if for sale, provided that all tenants or purchasers be qualified by the Housing Office prior to their occupancy. .. ; 7~/~ / / //' '-, - ,< "',,-..-' ........" -." .....- I .' . , ; .."'....,~ ....--11.. j_.~"'" _"'_a.~ _Co" I. ......._0 ._N"' t,.' "'Tp..~~......' ---L..... ' .:. ....-- ;.; :~.... (:I. . H"'I'~ ,.., ~ .-., ....... ~..... ;.. -~.....~ ..~ ." '...L L O. C,o...".t ...... "..'II...... _ :\: ..', <~~ ~n C' 1.;/ '0""",) It~ j~1 It! PARCEL "e' I I 1-..-..... I~.,:~ I I I Ii I ~..J.. ,( J: i .. ' ...n.... " ... .oar."""'- -..-.. 1l,,1[C:~~-""" ._~T""''''~ M_.~a:.o "T~"'-"I; I I I ( ........ I'"'''' ... .. ": I I , ,""--to..- OFU"1Il I \ \ \ \ . . l ; \....,.."....~-~~ ,'D~ '.' --- tOtOllt400 fT"'r ., ."..,.... "'0, ., ~ ..~. ) h i.' : 10" . ,', ~.~"..- --..'~"I"" _~..It'fII:""lllU_rvoa_ ._.....'00._0..._ ........ '" _Oof>T_ 1JX.'Io~1. .............c...trTl:".......,-.- __ _ )D.,17T1 _ "__Vl ,......-- "---. ....... :'~..~~:.:~..j:. ~( ^ ',1 ;..-....... ....~ .;;,.;'" . '. j r 'I , j j 1 j ~, If j ii I, ~ l~ ! I f' r ,.r. -' ""-"-"'-1" ' " 7---/3:, l1 ! I 1 , ~ I M ' !. , \ ?J . ~'..... ,l'",7<'....~~ . 7---/Lf ..., , , ~e 27, 1983 :!:egular Meeting Aspen city Council _:"".:~:~ .--..-.--- ""'--~ ,aufman asked ",hat "fair price" means. Councilman Knecht answered as fair I"arket price. I Kaufman said the application before Council is an SPA application and asked i~ Council ~ :-lad turned tha.t application down. Taddune said the Council has not approved the a'Pplica-l: tion. . . I, Councilman Knl,cht amended his motion to include and/or exchange of property, seconded by " Councilman ~&lins. All in favor, motion carried. " Mayor Stirn;~g said that fair market value means whatever a willing seller and a willing ~' buyer can l1cgotiate. There is a group to begin the process of neg<:>tiating with the m...ner'I' of the property. LIQUOR LIC!ffiSE RENEWAL - Arthur's Restaurant David Moss told Council he wants to work with the city another year. Moss said he and ~ the city have reached an agreement on certain financial items that lagged behind. Moss I. said he r~~eived a verbal okay on a commitment and payment plan for delinquent leases ii and utili.ty payments. Moss said he is making payments every week and has made them for n the last four weeks. Moss told Council he is current with that plan and should be a totally up to date with the city on August 1st. Councilman Knecht asked what the city ~ is leasin;r to Arthur's. city Attorney Taddune said the city agreed to assume O\-lnershi!J 1( of the pl'IDperty so that a special exemption would comc into effect exempting the property!!! from the within 500 feet of a school rule. Councilman Collins moved to direct the city clerk to proceed and renew the liquor license fi for Arthnr' s; sec01~ded by Councilman Knecht. All in favor, motion carried. II i Jere Rood told Council after seven years of study, the Aspen Historical society got I' permission to start restoration of Independence. Rood said he spoke with 2500 visitors 1 last year. Last year, the Historical Society for Independence has to raise $5,000. They;i need to raise $10,000 this year ans are asking the city for $3500. The Historical Society has begun restoration work and has someone living at Independence so that people do not i! carry off parts of the buildings. The $3500 will go towards materials and salary. r Rood told Council this is a people project, and is a great entrance project on the east !\ side of town. l,~, ;;CouncihlOman Blorrquist asked if the board of the Historical Society has taken action ~ i requesting this money. Rood said they have; the Historical Society is hoping that n Independence will become self-sustaining as Ashcroft has become. There will be two ij funds raising project this SUliuner. The county is giving no money but is giving 80 hours II of in-kind services. Finance Director, Sheree Sonfield, told Council the Historical 11 society received $6,000 for 1983 in budget requests. In 1982 they received $6,000 and Ii $2,000 for Independence. councilman Collins asked why this wasn't included by the ji ;\ Eistorical Society when they came in for budget requests. Ms. Sonfield said she asked about this and felt the funding \-las already settled for Independence. Rood tolc'l. Counci 1 they huve planned at ghost show at the Wheeler. and a picnic as other funn raisers. -.----- INDEPENDENCE GHOST TO'~ - Request for funds I' ,I ! Councilman Collins asked why the request is doubled from last year. Rood told Council ~ last winter, Independence lost three more cabins because of the weather. The hope of II the Historical society is to keep 17 of the 31 sites. Rood told council last y~ar his il salary was $300 a month, and it has been raised to $400. The rest of the money 1S ~ necessary materials. Councilman Blomquist said he felt it is a bad precedent to do Ii supple:aental appropriations of this nature. Councilman Blomquist said the Council should\l not encourage these precedent. Councilman Collins agreed, but pointed out Council has I! done this in the past. Councilman Collins asked for an amendment to make sure the city has th e money. ~Councilman Knecht moved to approve the $3500 request and in next year's budget, any request for Independence be put in the original budget; seconded by Councilwoman Nalls. Councilman Knecht amended his motion for staff to show Council where the money is coming from t}~ fund this request; seconded by Councilwoman Walls. All in favor, with the exception of Councilman Blomquist. Motion carried. SUBDIVISIONEXE~PTION - Curton colette Penne, planning office, told Couacil this is a reauest of subdivision exemption for the purpose of adding an employee uni t to a single family house on parcel B of.- the Herndon subdivision, making it a duplex. ~~s. Penne pointed out the Code provides this cxempticm from the GMP as an incentive for employee housing. When the unit is built, it will be deducted from the quota. The unit is exempted from the competition only. Ms. Penne tetld Council the housing authority has reviewed the criteria of the exemption and has reccmmendcd approval for construction of this .deed restricted unit in the minc.Ie income category. The unit may be provided for rent or for sale. The application may select the tenant or purchaser provided he or she is qualified by the housing authority, ! ~ ' Ii ! ~ Gideon Kaufman. representing the applicant, told Council this previously went through ~~ lot split approval. The applicants granted the city easements that were requested at that tiaBr One of the concerns of the city was not they did not want a more curb cuts on highw;~y 82. The access to this parcel is throuah lot A. Kaufman has talked to the :1 engineering department about access' through the alley_ Kaufman told Council the applicant high the ~ight to build a single family, free market unit on parcel B; they are asking for an e~s.nption to build an employee unit. Councilman. Knecht moved to approve the Curton subdivision exemption with the following condition~; (l) the unit va restricted to the middle income price and occupancy guide- lines for 1982; (2) the unit be offered either for sa1e or for rent provided that if the unit is rented, it is rented for not less tha a one year period; (3) the applicant be allowed to select her tenant if for rent or purchase if for sale, provided that all tenants or purchasers be qualified by the housing office prior to their occupancy; seconded by Councilman Collins. ,.~.:".._~oo:- 'II" ,-:-.........~"""~"=~.,'~.-..,"'-. ,-.-.. ,-~ -,,~--.,,-..~....., or-. ; ,~ j i ___ 1 ...--:::- ~-~:~ ~ I rl l, ,j , 1 I 1 '. , ~ f"-.~ i' , II \;j \ t J t ~ t l ~ l ; i I li'~~. , Regular l1eetinc:r Aspen City Council June 27. 1983 ,I, it Ii Ii ~~~-rl restriction~ l f r , r ~ t:- ~' r II: 11 II " ! ~ '" ,,,' :i' "t",', r r, t Ii '!, l U' i~ I~ It. '.' I, I[ ;;. ',' ~ f l :1 'f it :r, il' 't ir ii, J it 'I !, it ,t- :t iL !f Ii I . ! .j ~, .... ......... " ;:::: , . City Attorney Taddune reouested an additional condition, which is that the aeed be .a'pproved as to form by his office. ..... , CCHracilman Knecht amended his motion to add that as conidition (4); seconded by Councilman " CIDllins. All in favor, motion carried. II' i I' ! " SUBDIVISION EXEMPTION - Green Family Trust ~"~ ~I ~olette Penne, planning office, told Council the Eagle~s Nest con~ominiuMs have gone ~ through nearly every city review. This subdivision exemption is to add parking s,!?aces [required in the REO action, which allowed two employee units to exist in the nownstairs of this duplex. Ns. Penne tolrl Council she has done a site visit, and the units are very" attractive. The reouirement [rom the last Council was that the designated parking be shown on the plat. These "parking spaces would reJ'1.ove the landscaping of the employee units if :~ they were ever put in. The condominium plat will show these as designated parking spaces. ' The condominium docUMents state if a subse0.uent buyer wants the parking s~aces put in, th~y will be put in. Councilman Knecht moved to approve subdivision exemption for the addition of two designated parkin0 spaces on the Eagle's Nest condo~inium map and the co~~itment to construct them in the condoMinium docuI'lents and that these revised nocll.Ments be recorded within 90 days .of this action; seconded by Councilwoman Walls. All in favor, with the exception of Councilman Collins. Motion carried. HERRON APARTf~ENT PL.~T A~~NDMF.NT Mayor stirling said he was involved in this transaction as listin~ and selling agent and feels he has a conflict of interest. r~ayor Stirling stepped down from the table. Colette Penne, planning office, told Council this is a change to the plat. lv'.s. penne said unit In has a porch area at the back, which is shown as a general common element for the Herron apartments. This actually has been finished and used by unit 18 for several years. This action is forMalizing the fact the porch is actually part of unit lB. t~s. Penne pointed out in her recommendation there are three conditions, one of, which is not necessarily fair. The first one is the condominium join any im~rovement district in the area if one is formed. This is a minor change and only affects unit lB; it is unfair to ask the entire condominium to join. in an imp.rover:tent district. The enqincering office agrees this is an onerous condition. ~s. Penne recommended Council nrbn condition 1. Also, there is a timing problc~, if this plat isn't filed in two days,' the applicant will lose money. ~~ , ! i i ~~ Councilman Blomquist moved to approve subdivision exemption for the alteration o~ the condominium map of the Herron condominiuMs at 333 l'lest Hain street to include a porch area un Unit IB thnt is presently shown as a general common element with conditions 2 ann 3 in the planning office memorandu~ of: June 27, 1983; seconded bv Councilman Knecht. All in favor, motion carried. Hayor Stirling returned to the table. \-7HALE OF A NASH - CONDOHINIU!-U ZA'l'ION Colette Penne, planning office, told Council that the ~fuale of a Wash, 415 East Main successfully competed in both residential and COMmercial GMP competition for 2700 square feet, ann May build all commercial or a combination of commercial and one residential unit. The apolicant has not decided which he will do; whichever is not used will be returned to the aporopriate auota. Ms. Penne said the applicant is ask inn for cordominium- ization of unit f'and-- unit 2. In the commercial core, one can only have free Maryet units that are accessroy ta the commercial use. Ms. Penne recommended aoproval of the condomini- umization with the cODclitions in the memorandum. ,; " , excention for the ourposes of condominiuIlli....:. to conditions 1, i, and 3 in the planning Councilman Collins. Councilman Blomquist moved to zation of the lo;hale of a Nash office memorandum of June 27, grant subdivision building, subject 1983; seconrled by Hayar Stirling asked why dVlelling units are not allowed. Ns. Penne said the commercial core is for commercial use. The planninn office does not want to encouraqe free marke~ units because they vlOuld oCCU!?Y a" lot of' space that should be co:rn1'1ercial. - Emplovee units are allowed because of. auto disincentive and they are subsidized bv the COMmercial oroject. - ' "i I' il II Ford Schumann said the request to Council is selt-explnnatory. The problem'with the water :1 and sewer is vital to the M.A.A.'s use of the campus and the use of the caMPUS by Aspen i; County Day School. This was totally unbudgeted. . The J.1..A.A. has just raised money from l~ their constituency. The M.A.A. is orepared to assume a por.tion of this expense. Schumann:: said what the M.A'~A. means to the cOJTW'.tmity is evident. . ~~artin Flub told Council the il M.A.A. had accummulated a deficit and had to go out for an eMergency appeal, in which they:- raised $400,000. The N.A.A. is budgeting on a break even basis. Flub said the r-'l..A.A. 1\ is unable to spend what they need in defcrrecl maintenance. ?lub said the cost of the !1 infrastructure of the music school ann festival has increased at a rate higher than i! inflation. The M.A.A. has received contributions in-kind from the artists and faculty. :~ Flub said a very small portion of. donors provides over 75 t;>er cent of the contributions. ii Flub said the ~"..A.A. cannot go back against and again for contributions. Flub said he t\ hoped the city could pick up' the connects, because without t~em, the M.A.A. cannot be ii in business. . ~ ,I :1 , All in favor, motion carried. i' ill,.. I;' I ~, ! M.A.A. REQUEST FOR FUNDING ,"'i r t f I i ,I I I , I ~1 . 1 1'1 Tom Dunlop, environmental health officer, said his department had an indication, in 7ebruary, that at least one well was not ~roviding the quality water supoly for this area. .Dunlop told Co\.!n':"il he has come up with some bad water samples. One well h?l5 been :; abaif.doned. A temporary water system has been devised, which .....i11 provide water to the !; II, students and faculty. Dunlon sai~ this is a critical problem, and stressed that the city'~ ~ cooperation and theM.A.A. 's cooperation is a oriority. .. !I ii ''''~. ,~... --~';:""'.""--~-':"T' ._.~---~. .-..'-" .-+--- ....~..,.,.~.....--~~"...,.,.-------.......--_..~-_. ~'.,;-_-.c~~ '=7 "/ r- ~~ "\... 'to ~ <:e--O ~...,~ ~~ "'.... ";".. q'V ~-\<t; ,/ .' ,,~<v~ fv(),ej -----\ '{c" \.~ / ....'"rl~. , 'TO., .....",: :;. ~HERNDON .','.SUei - o-p:r. ~D 5t-rU.o\.Tw:O IN TH1J ""otlJi fow"","p '0 ~. v......,. e'.J W"~i PI"T"'''l CC>v~-n;;~ '~~;~ '-':::':""'~; "O\b,O COIt.:~ '~-,tS (A RID J~~~, C':~f :-~~~ L:r~ !i~ "~;~ '~-:~:.'~~ ;~~ "'i'iA II :"""ff:; ;f~, ,~!~~~~ :.~i~~ ~).~'\ r'f /, ""~m -'-'-I; ~ - I .I / PARCEL "s" "'" -<-<...... ~l;J;~~s - I ~_..~ : ---. . ---. ",'>0 · >0, 'T, "''''' -'''],'iJ. '''"'' I . -......... -............. ~ ..A...."'''r$~J., :! i I --- --;: - :::--... ./:t ,. , ~,f~~~_::::--... .~ ' :, ' ,~:..~"'~; -.">..~.(;oo....~ ~ :. &.:;~~ - .- --.... ~' _. r ..~t(1_~.,...., ~ z.......... 'J,,_ ,,c,.,". 0.,' l:r~........... ~ "'~"''''-itr~.;; ~~ ,....~......~..-}l~;".; PARCEL "e" "-t' ~<> ;f~~*;~ -":~":' / J '" " """'''. :0--: . , "kc" /'''' II / '" · ". .' ::' I ;,~ / ~ / / , ? 38,/~, 100' " ..... N 03' 'O'/:: 3.78'\..~ P^RRY SUBD, S 7'.,. Itfl."t i OF W. FIU)fCI3 ST. .n..... 7 / " "'t:- P5 ~~o ---- '" #t-.fr~." i.~~~ ,"..,s~ "'4!'"...,. ----- -- PARCEL "A" -............. 16,802 :!:- 50.FT, / COI.ORADO srArc .., q o ... CRYSTAL PALACE CORP. PARCEL 30 o o ale It~ P>e. I. ~ o .. .. ItIGItWA't' NO. , 8< '--. .- . \ -,.1..... _. '-, ,-~~~_~~..~ :.a._t ,.," ;.,." .,_J> ;c.';f,~;,t;i'~}"i2jf:f'~~~@ti~~H!i!lIT, 9)11 3~,;~i~~]~t~jli~:~~if1~1;?fE~~j:;~S~I*~i;;gt,~:':;~:,s~:" ::,: ~::;.::'.~ -. '- , MEMORANDUM TO: Aspen City Council FROM: Colette Penne, Planning Office RE: Curton Subdivision Exemption DATE: June '27, 1983 APPROVED AS TO FORM: c:e ~ Location: Parcel B, Herndon Subdivision. Zoning: R-6. Applicant's Request: An exemption from growth management allotment procedures as per Section 24-l1.2 of the Municipal Code for the construction of a deed restricted employee unit as the second unit of a duplex on Parcel B, Herndon Subdivision. Referral Comments: The City Engineering Department has no problems with the proposed exemption for an employee unit on the site relative to engineering concerns or provision of services. There has been some discussion concerning access which appears to be through the access easement in Parcel A and not through the alley in Block 4. The Housing Authority Board has reviewed this application and makes the following recommendation: "l. The unit be restricted to the middle income price and occupancy guidelines for 1982. 2. The unit be offered either for sale or for rent provided that if the unit is rented, it be for not less than a year period. 3. The applicant be allowed to select her tenant if for rent or purchaser if for sale, provided that all tenants or purchasers be qualified by the Housing Office prior to their occupancy." Planning Review: Office Parcel B was formed through a lot split obtained in 1980. The lot contains 2l,950 square feet. Since this lot area allows for construction of a duplex in terms of area and bulk requirements, but a single unit is all that is allowed pursuant to the lot split, the applicant is proposing to construct a deed-restricted employee unit as the second half of the duplex. Section 24-11.29(f) provides an exemption from the compliance with GMP allotment procedures for employee housing units deed restricted in accordance with the City's adopted employee housing guidelines. The unit can be exempted from competition by the City Council, based on the recommendation of the Planning and Zoning Commission. The unit will be subtracted from the residential quota. The review for such an exemption request is to include, as per Section 24-ll. 2 (f), "a determination of community need considering, but not limited to, the project's compliance with any adopted housing plan... specifically regarding the number of bedrooms in each unit and the size of the unit, the rental/sale mix of the development and the proposed price categories to which the units are to be deed restricted." - - ... -' Memo: Curton Subdivision Exemption Page Two June 27, 1983 These criteria were addressed in the review of this unit by the Housing Authority, Planning and Zoning Commission Action and Planning Office Recommendation: The Planning and Zoning Commission and the Planning Office recommend approval of an exemption from growth management for the construction of a deed restricted employee unit as the second unit of a duplex on Parcel B, Herndon Subdivision with the following conditions: l. The unit be restricted to the middle income price and occupancy guidelines for 1982. 2. The unit be offered either for sale or for rent provided that if the unit is rented, it not be for less than a 1 year period. 3. The applicant be allowed to select her tenant if for rent or purchaser if for sale, provided that all tenants or purchasers be qualified by the Housing Office prior to their occupancy. Council Action: Should Council concur with the recommendations of the Planning and Zoning Commission and the Planning Office, the appropriate motion is as follows: "I move to approve the Curton Subdivision Exemption with the following conditions: l. The unit be restricted to the middle income price and occupancy guidelines for 1982. 2. The unit be offered either for sale or for rent provided that if the unit is rented, it be for not less than a 1 year period. 3. The applicant be allowed to select her tenant if for rent or purchaser if for sale, provided that all tenants or purchasers be qualified by the Housing Office prior to their occupancy." .........-..-...""<"......."".,...".,....."~,~- - " ,,~,.... .." , MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Colette Penne, Planning Office RE: Curton Subdivision Exemption DATE: May 17, 1983 Location: Parcel B, Herndon Subdivision. Zoning: R-6. Applicant's Request: An exemption from growth management allotment procedures as per Section 24-11.2 of the Municipal Code for the construction of a deed restricted employee unit as the second unit of a duplex on Parcel B, Herndon Subdivision. Referral Comments: The City Engineering Department has no problems with the proposed exemption for an employee unit on the site relative to engineering concerns or provision of services. There has been some discussion concerning access which appears to be through the access easement in Parcel A and not through the alley in Block 4. The Housing Authority Board has reviewed this application and makes the following recommendation: "1. The unit be restricted to the middle income price and occupancy guidelines for 1982. 2. The unit be offered either for sale or for rent provided that if the unit is rented, it be for not less than a year period. 3. The applicant be allowed to select her tenant if for rent or purchaser if for sale, provided that all tenants or purchasers be qualified by the Housing Office prior to their occupancy." Planning Review: Office Parcel B was formed through a lot split obtained in 1980. The lot contains 21,950 square feet. Since this lot area allows for construction of a duplex in terms of area and bulk requirements, but a single unit is all that is allowed pursuant to the lot split, the applicant is proposing to construct a deed-restricted employee unit as the second half of the duplex. Section 24-1l.29(f) provides an exemption from the compliance with GMP allotment procedures for employee housing units deed restricted in accordance with the City's adopted employee housing guidelines. The unit can be exempted from competition by the City Council, based on the recommendation of the Planning and Zoning Commission. The unit will be subtracted from the residential quota. -~ ~"", ./ " Me~o: Curton Subdivision Exemption Page Two May 17, 1983 The review for such an exemption request is to include, as per Section 24-l1.2(f), "a determination of community need considering, but not limited to, the project's compliance with any adopted housing plan... specifically regarding the number of bedrooms in each unit and the size of the unit, the rental/sale mix of the development and the proposed price categories to which the units are to be deed restricted." These criteria were addressed in the review of this ,unit by the Housing Authority. Planning Office Recommendation: The Planning Office recommends approval of an exemption from growth management for the construction of a deed restricted employee unit as the second unit of a duplex on Parcel B, Herndon Subdivision with the following conditions: 1. The unit be restricted to the middle income price and occupancy guidelines for 1982. 2. The unit be offered either for sale or for rent provided that if the unit is rented, it be for not less than a year period. 3. The applicant be allowed to select her tenant if for rent or purchaser if for sale, provided that all tenants or purchasers be qualified by the Housing Office prior to their occupancy. I I" , _ - - 1(-<' ') :. , }. --' c- --,of ;_.1 , , , f 1"..... ,.., '" '-/ . .1 i 1 , ~ ~ I i " I i~ ....... I . , ; ......."..,...~'- J.~..., ,..&.~ r If :f II Ii , ;t ~ "J ~~~.:f: ~:';-J ~.r ~"I- , (V' e....... .... "'.. -. - ~I ..".. ("~...r>cl c' ~ ::',;;~ c"'~/: ,'. '~I J ' <ou_ c'c....,.. . ..LI5:C;""O~..J ~ /~, i / l{' ,~ _".O~~ __W" ...' """"~"'_.""""'''''' _"'~ a. ~- .... I " " j') 'I ~ ~, ~ ..,(10........ ..0Il:>.... 0." ~*l PARCEL ''A' "._."F'l' ..... <'0'-0"400 Sf4't -.."..... .\ -.. I I I I I I I I I I I " % f I -r-..... . \: . i--r-- fA', - r u-......." tc:,.,....,~.16 ' ,;1/.:' __\IMII.f I .... ~I I / .\ C I D oO<e~C" . _OC_~ O"'i-~7 ~' 4~ -Iv ;,I.m '/i-- I ~~~.I I I -/ / I I n....." If I I /.,.-......... I~.:: I I t I i :.l. ( PARCEL "S' ..~ ... 1141"'1 ... , I I fo......... tOfl I I \ \ \ \ Of IA"'. . . ~ ~""'''''..-~~ ~'D", '0' ~. ~. ;(: ~,""'I- ..............,..-.." .. _"'.,..-t~-~ .'__I"'~'."- ......',..--,- .......~I. .......__l,.Cn.."._.......- __ _ __..,... _ ...-noOl ,.__,,_ .0 .. . ,... ---. ...., , :" "..~:....1:. !~'. 't ~~. ;:.-...... 1 I ;'''"'- " < . --,-,.~,,,,"--,_:,,,';.,_,_;;'-'-'----"~'-'-''''''-'' :......>...~...,. ._........._,_._..-,.~~ ~ ..~-, --.........~ MEMORANDUM TO: Colette Penne, Planning Office FROM: Jay Hammond, Engineering Department * DATE: May 10, 1983 RE: Curton Employee Unit Exemption from GMP Having reviewed the above application, and made a site inspection, the City Engineering Department has only one comment that is not related to the matter of GMP exemption. We have no particular problems with the proposed exemption for an employee unit on the site relative to engineering concerns or provision of services. There has been some discussion recently, however, of access to the site. I would point out that, at this time, it remains our under- standing that access to the site will be accomplished through the access easement in parcel "A" and not through the alley in block 4. JH/co - , /"'" , "......--" .-.-.-...-,'.. --,;...;.~":"'._.-""....~.,.~.- --- ---------_.-.- ~-~..--,...--....-.,- .....-.,". ._....... pitkin cDunty 506 east main street aspen, colorado 81611 MEMORANDUM TO: FROM: Jim DATE: May RE: Curton Subdivision Exemption The Housing Authority Board has reviewed the Curton subdivision exemption with the following conditions: I. The unit be restricted to the Middle Income price and occupancy guidelines for 1982. 2. The unit be offered either for sale or for rent provided that if the unit is rented, it be for not less than a year period. 3. The applicant be allowed to select her tenant if for rent or purchaser if for sale provided, that all tenants or purchasers be qualified by the Housing Office prior to their occupancy. , t t t j .-.-J ~ I f t i I. , ~ I , t . ~ -,-' ..",.,\ "'"""...., pitkin county 506 east main street aspen, colorado 81611 M E M 0 RAN DUM TO: FROM: Jim DATE: May RE: Curton Subdivision Exemption The Housing Authority Board has reviewed the Curton subdivision exemption with the following conditions: 1. The unit be restricted to the Middle Income price and occupancy guidelines for 1982. 2. The unit be offered either for sale or for rent provided that if the unit is rented, it be for not less than a year period. 3. The applicant be allowed to select her tenant if for rent or purchaser if for sale provided, that all tenants or purchasers be qualified by the Housing Office prior to their occupancy. ,. - - - - II . . _ ,~~~ , I N I SU8D LEGEND 8 NOTES' " .....;c:::... . J"J;',;'::: .. -;;;~\; ,__F .-.....-.. - -.-..... o ....t _................ .,..........-. ,-~ ~-,...--~. .~ ------.-.... -- -..-....-.......... ..,_ _T_'__l..... ..-o~_..... _ ..- _'-'_ ..,.. _. ..,. -...n .. ___....-... ",,"...y-_.~~ ......._.......DCI.. .._~_ONno'~, ASPEN CIH COU. :' ::'..':. ~..':~...." " I ._.......'."T...".. ,........,.........." .' ~..___}L..' CITY ENGINEERS Af !INOEX' , J SHEET I . """...n_ cal'N'lCllTl.. LS~~;r..2 .,'1[_""'1.. --- =.::::.~~ ili~:" RECORDI NG CE P =T'f-",~1t, '. VICINITY MAP --~ --'*'" ""'-""" ., ~^.'~,,_.-. ,p.' .. ~ . "'.<Y""_",~.. .". ~.. ._.f1'......"- f-LAT 1':\, OON A""_M;__ r-.n.~.,.. ._.......,. ~.. .--.. '.. "ORK'S DEPARTMENT AP, ~"'L ~"':':'~::::'~~;.""" ' .,'," .-...'......."'THlS....~~ .:......'..,.. ':'V UI PLa c --,...*-" .. '-,a .... ------... '.~,..,~-. ASPEN CITY COUltClL OfiRQ.' ,::.,~ r"'" :,., , ' ::"=::....--. "....--,.-.-..., '.;.;j;.,-.r-., ...': CITYE~._~-...:...-1t"_ .~.,',.~' ., ,.... ""'1' ..... ......... ..___". CIW ....... 7t" ..~L-:-- -- Oft'....... un_........_.. -.!Ii ........ ~ RECORDING CERTIFICATE =..,01,,-=1- *,t~ '----.....~.....-,~~-1 ~~.,.-un.--____ ~~:.:'~:-.!'qP'!1-:-.~..~""'''''''''~-. / ..~. .,~. /..:(..~ ""TJI" .-.TY ~ _..~" ," :-- I '( ," SHEET 0', .,.... "'l'!' .~. ',,",'" l"'"~' .~. '-.:.,,,... '~"I."_,,1'... .!O"'"_&1Ofo&......O:C --- 1...----'--. .' ,', ---- ~ .~" ,.....' ~ '---. . .,..~..... ~ a..... .... \ . f ; ---;r-........ ;If ..... ~ }."!'.!::;:j" i . I! . I , ,- ~ .cco:......_ '"''''~'T'' 1t_......"'T '0 ...1>... I' I S,',~~OI""I / I ,I "L ' / ; zPPp--~...- ;::~__:- L .) "':i~ ,/.," L / / ----- W 10 ,-,e 3~ . . . -- _- ......I.P!III -..- ..............._~_... fir. . -- -........ .' ~ _ u..........,... ....~--- ..lilt. _ ... _.... ...... " ...... - ,. ..... .,...--':.1': :::.:A....=:.. .. .. -.....-.............. - .......- . --.. - ----- - ...-.. "1..001II h~ SHH T 2 OF 2 ,L. I I .'M"" LAW OFFICES OF GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION GIDEON r. KAUFMAN BOX 10001 611 WEST MAIN STREET ASPEN, COLORADO 81611 TELEPHONE AREA CODE 303 925'8166 DAVID G. EISENSTEIN March 31, 1983 Alan Richman Aspen/Pitkin Planning Office 130 South Galena Street Aspen, CO 816ll Re: Donna Curton Employee Unit Dear Alan, Please consider this letter an application on behalf of Donna Curton for an exemption of an employee unit from the requirements of the Growth Management Plan quota system for the City of Aspen. Donna Curton owns Parcel B, Herndon Subdivision. This lot is a duplex lot containing 21,950 square feet. However, because the lot was split pursuant to an exemption from the growth management quota system, all that is permitted on this lot is a single family unit without further growth management approval. Pursuant to Aspen City Code, Section 24-ll.2, Exceptions, a unit of employee housing constructed pursuant to Section 24-l1.l0 may be exempt from the growth management quota system provided it gets the approval of City Council upon the recommendation of the Planning and Zoning Commission. The one requirement is the showing of community need considering the number of units, the type of units and the rental mix. I have been in contact with the Housing Director, Jim Hamilton, who has given us his support for the type of unit we would like to construct. Donna would like to construct a duplex on the site, containing one free market unit which is allowed by right and another unit which would be allowed under the employee housing exemption from the Growth Management Plan. There will be no necessity to vary any of the density or FAR requirements or any other requirements of the Land Use Code. We simply ask that allowable density be permitted on this lot. To accomplish this we need the exemption from the Growth Management Plan for the employee unit. Alan Richman March 31, 1983 Page Two The contemplated size of the unit, per Jim Hamilton's request, is l,300 square feet. It will be a three-bedroom unit and Donna would like to be able to rent out the unit and then sell it or continue to lease it, at her option. The employee unit will be governed by the middle income guidelines. This is justifiable because this project is not a large multi-unit complex; rather it is a duplex and as such construction costs and high quality of the unit dictate the middle income classification. I look forward to having this item placed on your next available agenda. If you have any questions, please feel free to contact me. Very truly yours, LAW OFFICES OF GIDEON I. KAUFMAN, a Professional Corporation By G~~fm" GK kw cc: Donna Lee Curt on Donna Lee Curton Trust L~/lb--L .. ~ SCHEDULE A Order Number: 11192 Commitment Number: 1. Eff"tive del" NOVEMBER 19. 1982 AT 8 :00 A.!1. 2. Policy or Policies to be issued: Amount of Insurance Premium A. ALTA Owner's Policy Proposed Insured: $112.500.00 $269.81 lJOtilJ,\ LEE CURrON TRUST Tax Certificate 5.00 B. ALTA Loan Policy Proposed Insured: $ c, $ 3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof vested in: R/LPH CURTON. JR. 4 The land referred to in this commitment is described as follows: Parcel B. HERNDON SU8DIVISION. according to the plat thl!reof recorded AUbuSt 15. 1980 in Plat Rook 10 at pages 31 and 3Z. as Reception No. 226007. County of Pi_kin. State of Colorado. ~ /~ ::-:;;;~,~- ,/ = Authorized Countersignature PageZ STEWART TI"l'LE 1652 GUARANTY COMPANY -" ..i" SCHEDULE B - Section 1 Order Number: 11192 Commitment Number. Requirements The following are the requirements to be complied with: Item (a) Payment to orfor the account of the grantors or mortgagors of the full consideration forthe estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: 1. Affidavit by a Trust~e setting forth tbe name of the Donna Lee Curt on Trust, (t,C! names and addresses of all the Trustees who are represent"d by such "w.e and the authority of th" "ffiant to necute and record the "ff14avit, and the authority of the Trustees who are thereby elllpo....red to cony"y or otherwise act on beh..lf of the Donna l.ee Curton Trust. 2. Evid"nce sotisfactory to Stewart title Guaranty COCDpany. furubbed by the Office of the lJirl>ctor of Finance, City of Aspen, that the real estate transfer tax pursuant to city ordinance Uo. 20 (Series of 1979. h.,s becn paid or that conveyance 18 eU'llpt frOlll said tax. 3. need frorn vested owner, vestin); fee simple title in purcllaser(s). ~OTE: Said deed Qust also convey tbe fOl~described easement: Together with an e~eaent for ingress and ear 8 over Parcel A. HERNDON sumnnSIOt" to be used by l1lO vehicles, nOfllll or vehicles aDd pedestrhns as such easement is described n he plat of the Uerndon Subdivision. ",hleh easement ahall be for the lustve tU'e and benefit of Parcel 8. 1653 Page 3 AGENT'~ 1='11 ~ ""'r,ov STEWART TITLE GUARANTY COMPANY . r---' '..,.- SCHEDULE B - Section 2 Exceptions Order Number: 11192 Commitment Number: The policy or policies to be Issued will contain exceptions to the following unless the same are disposed of to the sdtisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances. adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Any and all unpaid taxes and assessments. 7. The effect of inclusion in any general or specific water conservancy, fire protection. soil conservation or other district or inclusion in any water service or street improvement area. 8. The right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises. as reserved in United States Patent recorded in Book 55 at page 35. 9. An easement for water line 16 feet in width, together with the right to enter along the course of said easement for maintenance and repair of said pipe line. as set forth in instrument recorded December 10, 1959 in Book l89 at page 320. 10. Pole l1neeasement along the Southerly line of subject property as shown on Plat Map recorded August 15, 1980 in Plat Book 10 at page 31. 13. Easement private 11. Easements affecting subject property as shown on Plat recorded August IS, 1980 in Plat Book 10 at pag 12. Easement granted Aspen M on District, corded May l7, 1978 in Book 348 at 183 at page 286. 14. A t recorded in Book 172 at page 197. 15. A Deed of dated September I, 1981. executed by Ralph Curton, Jr. to the Public tee of Pitkin County, to secure an indebtedness of $112.500.00, in favor of Richard Grimes, recorded September 4, 1981 in Book 413 at Page 594 as Reception No. 235373. Except ions numbered are hereby omitted. 1654 Page 4 COPY FOR 1~~IIINr, n"",('" STEWART TITLE GUARANTY COMPANY . """ ";./ " .; MEMORANDUM TO: Aspen City Council FROM: Colette Penne, Planning Office RE: Curton Subdivision Exemption DATE: June 13, 1983 APPROVED AS TO FORM: Location: Parcel B, Herndon Subdivision. Zoning: R-6. Applicant's Request: An exemption from growth management allotment procedures as per Section 24-11.2 of the Municipal Code for the cons.truction of a deed restricted employee unit as the second unit of a duplex on Parcel B, Herndon Subdivision. Referral Comments: The City Engineering Department has no problems with the proposed exemption for an employee unit on the site relative to engineering concerns or provision of services. There has been some discussion concerning access which appears to be through the access easement in Parcel A and not through the alley in Block 4. The Housing Authority Board has reviewed this application and makes the following recommendation: "1. The unit be restricted to the middle income price and occupancy guidelines for 1982. 2. The unit be offered either for sale or for rent provided that if the unit is rented, it be for not less than a year period, 3. The applicant be allowed to select her tenant if for rent or purchaser if for sale, provided that all tenants or purchasers be qualified by the Housing Office prior to their occupancy." Planning Review: Office Parcel B was formed through a lot split obtained in 1980. The lot contains 21,950 square feet. Since this lot area allows for construction of a duplex in terms of area and bulk requirements, but a single unit is all that is allowed pursuant to the lot split, the applicant is proposing to construct a deed-restricted employee unit as the second half of the duplex. Section 24-11.29(f) provides an exemption from the compliance with GMP allotment procedures for employee housing units deed restricted in accordance with the City's adopted employee housing guidelines. The unit can be exempted from competition by the City Council, based on the recommendation of the Planning and Zoning Commission. The unit will be subtracted from the residential quota. The review for such an exemption request is to include, as per Section 24-l1.2(f), "a determination of community need considering, but not limited to, the project's compliance with any adopted housing plan... specifically regarding the number of bedrooms in each unit and the size of the unit, the rental/sale mix of the development and the proposed price categories to which the units are to be deed restricted." "'...... ........ Memo: Curton Subdivision Exemption Page Two June 13, 1983 These criteria were addressed in the review of this unit by the Housing Authority. Planning and Zoning Commission Action and Planning Office Recommendation: The Planning and Zoning Commission and the Planning Office recommend approval of an exemption from growth management for the construction of a deed restricted employee unit as the second unit of a duplex on Parcel B, Herndon Subdivision with the following conditions: 1. The unit be -restricted to the middle income price and occupancy guidelines for 1982. 2. The unit be offered either for sale or for rent provided that if the unit is rented, it not be for less than a 1 year period. 3. The applicant be allowed to select her tenant if for rent or purchaser if for sale, provided that all tenants or purchasers be qualified by the Housing Office prior to their occupancy. Council Ac tion: Should Council concur with the recommendations of the Planning and Zoning Commission and the Planning Office, the appropriate motion is as follows: "I move to approve the Curton Subdivision Exemption with the following conditions: 1. The unit be restricted to the middle income price and occupancy guidelines for 1982. 2. The unit be offered either for sale or for rent provided that if the unit is rented, it be for not less than a 1 year period. 3. The applicant be allowed to select her tenant if for rent or purchaser if for sale, provided that all tenants or purchasers be qualified by the Housing Office prior to their occupancy." ""' ....... " \ .. y fNtlll...~ : j~ ,J t::;:;~ '.=.""- ..(.. &. .....,.'1---......... ~f \d .f /J...'M. H' '''"g . .,,"" -,-- ", \\.\1 ,/l I \ " I' l""'-~,.~ I . ;r ,", -__....\. ..'. , .....:, '..."" ..,,"',,"-./.'. . ---"""-..::.:.~.., ", ~ "",'-..:,.'---- I "'" ___.. ".~ /:.: " " "-.-"'~;.,;. ""', """" , '... "'L..C,,,C, ' . ..' ,,' #' ----."... ',,,,,, .' ~M'., ... ,y .-- "- .f." .. '#_-.. " ... ..,. ...... ,,',. '../-I'r'--- . .....~, I J "_" ~: "-_ _, .~. -'-N .. '.".,. _ , , " _. ". ' ,.. ". .. , '. ,....... ". " .. jl" ! '... . ... ''''-''- I",. f r--..-,.___ r- /"","- '''' I r I -iii .."" \.\ I , r / ....,. ' L 1. " .. '. . . [' ..<" / ""'-7J;::'(\: .1 """.. ;:~~~;"'7 /' . ~- ~'M'., il I /. ,; , ......'".. '.. "~ ",\, - ;"'~'-J." -, I ~ '1..,/ I. \'_ ~~,.'e /. I ", . _ ,.',,'. ~ ___ . . . ',.." "........ ..... ,". g. .-. / : ~ PARCEL "8" ki:::t, .:,';':~ '.';;' \';';'::';",' ;'t";' I :;'~~:"r '.' / ....", .' ! , ;",~... " "'.,.:";. "'........ : '\::/ II ......" " ..,~.~.., ,". ':}'" ....- , I ..... , ... ~:,,'~..,~';'Jj.." I; ~'..;.. .. .. ~.;;: J" ~/" i ~~~~:~~. /~~"" .. ~ ;iFF; . '-;;:~_,~ . '" -, , '" '"'' .' ' . d ...- / ,," 'f'.. r- au;(:~ 4r---+ . j, .'... .. , , , I j rc 1 / j r:- ,..... / . / ! / I / /' ,FI j; (" ':..::.:.,,- / ! 1-:.,/).,...~; / / r. ": Ii _ / " .~..." \ ", , I I , .1 --- , 1 , : ....N'IIl..........~,... . :'::':':.:~;.::.>olI ..-. ""'~f;g...._....._~-,1!.,. L--_C_~ -- ...... .J~... / " C'OlO1t400 sr"'r ""If..." Ilro -I " , ,t....,.!.. '-''''- .T. ---''''~~T~ ::....n. i.~.~ I. A."::..o.T_l. --"""'I><_ooeT_~_.<D ....... 1l1o.... cr '~rTIUI ".-;';';"'r;fII ...__ :;.:;: ~~l_ ---~.- -. " , I., . , ~C:~~ .' ',:. " . t'\' ! ~ ...' -, ,->,,, '. , .' MEMORANDUM TO: Colette penne, Planning Office FROM: *' Jay Hammond, Engineering Department DATE: May 10, 1983 RE: Curton Employee Unit Exemption from GMP --------------------------------------------------------- Having reviewed the above application, and made a site inspection, the City Engineering Department has only one comment that is not related to the matter of GMP exemption. We have no particular problems with the proposed exemption for an employee unit on the site relative to engineering concerns or provision of services. There has been some discussion recently, however, of access to the site. I would point out that, at this time, it remains our under- standing that access to the site will be accomplished through the access easement in parcel "A" and not through the alley in block 4. JH/co , , ::I J Ti ! i, tl ....."'..., , : L'I -___JI " ....... ,;' ", .' , pitkin county 506 east main street aspen, colorado 81611 ~ MEMORANDUM ------ , I ~ r I TO: FROM: Jim DATE: May RE: Curton Subdivision Exemption The Housing Authority Board has reviewed the Curton subdivision exemption with the following conditions: 1. The unit be restricted to the Middle Income price and occupancy guidelines for 1982. 2. The unit be offered either for sale or for rent provided that if the unit is rented, it be for not less than a year period. 3. The applicant be allowed to select her tenant if for rent or purchaser if for sale provided, that all tenants or purchasers be qualified by the Housing Office prior to their occupancy. , . '-~'-'l t.il" ~ ~'j $I ;i . I ""' MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Colette Penne, Planning Office RE: Curton Subdivision Exemption DATE: May 17, 1983 Location: Parcel B, Herndon Subdivision. Zoning: R-6. Applicant's Request: An exemption from growth management allotment procedures as per Section 24-l1.2 of the Municipal Code for the construction of a deed restricted employee unit as the second unit of a duplex on Parcel B, Herndon Subdivision. Referral Comments: The City Engineering Department has no problems with the proposed exemption for an employee unit on the site relative to engineering concerns or provision of services. There has been some discussion concerning access which appears to be through the access easement in Parcel A and not through the alley in Block 4. The Housing Authority Board has reviewed this application and makes the following recommendation: "1. The unit be restricted to the middle income price and occupancy guidelines for 1982. 2. The unit be offered either for sale or for rent provided that if the unit is rented, it be for not less than a year period. 3. The applicant be allowed to select her tenant if for rent or purchaser if for sale, provided that all tenants or purchasers be qualified by the Housing Office prior to their occupancy." Planning Review: Office Parcel B was formed through a lot split obtained in 1980. The lot contains 2l,950 square feet. Since this lot area allows for construction of a duplex in terms of area and bulk requirements, but a single unit is all that is allowed pursuant to the lot split, the applicant is proposing to construct a deed-restricted employee unit as the second half of the duplex. Section 24-ll.29(f) provides an exemption from the compliance with GMP allotment procedures for employee housing units deed restricted in accordance with the City's adopted employee housing guidelines. The unit can be exempted from competition by the City Council, based on the recommendation of the Planning and Zoning Commission. The unit will be subtracted from the residential quota. Memo: Curton Subdivision Exemption Page Two May 17, 1983 The review for such an exemption request is to include, as per Section 24-ll.2(f), "a determination of community need considering, but not limited to, the project's compliance with any adopted housing plan... specifically regarding the number of bedrooms in each unit and the size of the unit, the rental/sale mix of the development and the proposed price categories to which the units are to be deed restricted." These criteria were addressed in the review of this unit by the Housing Authority. Planning Office Recommendation: The Planning Office recommends approval of an exemption from growth management for the construction of a deed restricted employee unit as the second unit of a duplex on Parcel B, Herndon Subdivision with the following conditions: l. The unit be restricted to the middle income price and occupancy guidelines for 1982. 2. The unit be offered either for sale or for rent provided that if the unit is rented, it be for not less than a year period. 3. The applicant be allowed to select her tenant if for rent or purchaser if for sale, provided that all tenants or purchasers be qualified by the Housing Office prior to their occupancy. [ , - """'~ . ASPEN/PITKIN PLANNING OFFICE o 130 South Galena Street ~" Aspen, Colorado 81611 (303) 925.2020 ,..... \.... LAND USE APPLICATION FEES City 00113 . 63721 ' 47331 . 52100 GMP/CONCEPTUAL 63722 ' 47332 ' 52100 GMP/PRELlMINARY 63723 . 47333 . 52100 GMP/FINAL 63724 - 47341 . 52100 SUBICONCEPTUAL 63725 ' 47342 ' 52100 SUB/PRELIMINARY 63726 ' 47343 - 52100 SUB/FINAL -I} LCXJ 63727 ' 47350 . 52100 EXCEPT/EXEMPTION - 63728 . 47350 ' 52100 REZONING --,- 63729 ' 47360 ' 52100 SPECIAL REVIEW ~/()() - SUB,TOTAL County 00113 ' 63711 - 47331 . 52200 GMP/GENERAL 63712 ' 47332 - 52200 GMP/OETAILEO 63713 ' 47333 ' 52200 GMP/FINAL 63714 - 47341 ' 52200 SUB/GENERAL 63715 ' 47342 - 52200 SUB/OETAILEO 63716 ' 47343 ' 52200 SUBIFINAL 63717 - 47350 ' 52200 SPECIAL REVIEW 63718 - 47350 ' 52200 REZONING 63719 ,47360 - 52200 SPECIAL APPROVAL SUB-TOTAL PLANNING OFFICE SALES 00113 ' 63061 - 09000 - 52200 COUNTY CODE 63063 ,09000 - 52200 ALMANAC 63062 . 09000 - 00000 GMP 63066 ,09000 ' 00000 COPY FEES 63069 . 09000 OTHER SUB.TOTAL TOTAL Name: \ ildu/1 0.1 (/ J fll (LIf\- Address: (1hv I{)~/,I - ,t:J..<, /).tJ(\ t. I,' 'X I~/I Check No, ;.J)ri'-llR '..titional Billing: /~ / IJ() .- Phone: 5 - J{P&1 Project: ( I (I ... -I Ii.:: I- .,.Iil" 1r1.D, Date: I ~ ~ <; -K3 No. of Hours: I , /~ Ii I' I I ( -- ----