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HomeMy WebLinkAboutcoa.lu.ex.317/319 N 4th St.LotsG-I,Blk29.1980 -- - ~-...... - MEMORANDUM TO: Aspen Planning and Zoning Commission Aspen City Council FROM: Sunny Vann, Planning Office RE: Bill Clark Subdivision Exemption DATE: May 15, 1980 Zonin9: R-6, Residential Location: 317/319 North Fourth Street (Lots G,H,I, Block 29, Original Aspen Townsite) 9,000 square feet None. The property contains t~~_~iQgle-story detached frame houses. The main house has historicaTTy been 6Wner-occupTed, the second house is a guest cottage. Lot Size: Rental History: Engi neeri ng Comments: The Engineering Department recommends approval subject to: 1. The reYJS10n and resubmission of the owner-appli- cant's improvement survey to indicate off-street parking.~ - ---- ~~ 2. The owner/applicant agreeing to enter into a sidewalk, curb and gutter improvement district in the event one is formed. - Attorney's Comments: Approval should be conditioned upon the owner/applicant complying with the six-month minimum lease requirement of Section 20-22 of the Municipal Code. Housing Director's Comments: Not applicable. Planning Office Recommendation: Approval of the applicant's request for subdivision exemption for purposes of condominiumization subject to the imposition of the six-month minimum lease res- trictions of Section 20-22 and the applicant's compli- ance with the stipulations outlined in the Engineering Department's memorandum dated May 15, 1980. P & Z Recommendation: Concurred with the Planning Office recommendation. ~ . , iii391 541 STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing was acknowledged before me this 3~ day of ~.<.;I. ~ ' 1980 by Herman Edel and Kathryn S. Koch, personally nown to me to be the Mayor and City Clerk, respectively of the City of Aspen. Witness my hand and official seal. My commission expires: My Commission expires January 29. 1984 " ," '\""" \,\' '",,_: ~. r:. J..;: ~" .:;::~~J-::;'" .... '~-, \. .?: ",1'" ;: : \\, v "'\I, . . . , .: i;: ...t.--~~ ~ . \ /.',...., \ '. \, '...). v (.. t-' . ~'. . '/......... ". .0' ._ ( - , 0, cC'v .8a...-O, ~dJ1,,- Notary Public ,..,~-, .....'-,,/ .",- -, No. 2-80 ......,..." CASELOAD SUMMARY SHEET Ci ty of Aspen 1. DATE SUBtlITTED: March, 1980 2. APPLICANT: William Clark - 925-6700 319 N. 4th St. Aspen, CO 81611 3. REPRESENTATIVE: same STAFF: SV 4. PROJECT NAME:~ll Clark Subdivision Exemption 5. LOCATION: ~/;;/3/9 ~,r-p;z-/ r-Ct. Y'f7//Q(' LCT'S4; 111< ~ z~ ~7Z~~Te-) " 6. TYPE OF APPLICATION: ~~__Rezoning P.U.D. X Subdivision Exception ----"--_ Exempti on Special Review __~Growth Management 70:30 _Stream i~argin 8040 Greenline View Plane Condit i una 1 Use Other HPC Residential Bonus a,v/Z'/-//MO/-/l Z477C-N . 7. REFERRALS: ~~Attorney _~Ellgineering _.v Housing "ater Dept. Sanitation District .~~-~- Fire Marshal Parks School District ~ocky Mtn. Nat. Gas _State Highl,'ldY Dept. City Electric __~_Ho ly Cross Electri c ~1ountdi n Be 11 Other ~~-----~ 8. REVIEW REQUIREMENTS:~~. ~~~ . / -- "--' --- - 9. DISPOSITION: P & Z./" Approved V Dellied Date -:S/a:?$ --- / / .-;X.Y2.p--r ~ /.L/~7Z'N' ~/;:A".,.(PP/Z/ MMM. x/ i.E..4-;;c /f'~ YI"iC?.,L/.t.;.</;; ~/'J/cX/ 1 ~Y4<.#'0/Cv<./ Cr///mcva/F~ .9-.wve:y ,72" -9~=-/ C"/'7""=-///"'}GE7 /?fl'\f)#/t!j . c.:::-/....v~ /L!/"ruc/!//T ..-10/'\6EY~ 7(" CS<'/h5"\ ; / / . -0/TC' /y/?~-:1{,A ~cYr"/5;;::; gy7~ // /?k)V~/~ / / j;?S7/f/C/" /// 8.,/8/-/7- cX/G /';, /'f""X/ /C;:?I? Council /' Appruvt'd / Denied Date_.f:::/I;,~/c1.-')_ <<~~O ":":::=.~0/;..'i/ r1 z /\z~~~/j"'-;<'/'..I~'r~V" I 10. ROUTING: /' Attorney Building /' Engineering Other ~""' ....-. ..... "l,_ MEMORANDUM TO: Sunny Vann, Planning Office FROM: Jay Hammond, Engineering Department DATE: May 15, 1980 RE: Clark Subdivision Exemption (Bill) After having reviewed the survey plat for the above subdivision exemption and making a site inspection, the Engineering Department recommends approval for the above subdivision exemption subject to the following: 1. Off-street parking is shown for each structure. 2. The owner/applicant shall agree to enter into a sidewalk, curb, and gutter improvement district in the event one is formed. The improvement agreement shall be a deed restriction in a form of a covenant. .. , , PEN 130 s MEMORANDUM DATE: March 6, 1980 TO: Sunny Vann FROM: Ron Stock RE: Clark Subdivision Exemption I recommend denial of this subdivision request in conformity with Section 20-9(c) of the Municipal Code of the City of Aspen. The property is a non-conforming use. RWS:mc ,., '-' - - MEMORANDUM TO: ~ Stock, City Attorney Dan McArthur, City Engineer FROM: Sunny Vann, Planning Office RE: Clark Subdivision Exemption DATE: February 13, 1980 Attached please find application filed by William Clark for subdivision exemption. This item is scheduled to come before the Aspen Planning and Zoning Commission on Tuesday, March 18, 1980. Therefore, may I please have your written comments concerning this application no later than Monday, March 10, 1980. Thank you. .,~ /;;Z) r!'m0Jtv7v-C- rULccLv-;::)S ~~ 1/ iF '-?'M '-7ld . .~/1 ~r. and Mrs. William G. Clark 319 North Fourth Street Aspen, Colorado 81611 February 12, 1980 Planning and Zoning Commission city of Aspen City Hall 130 S. Galena Street Aspen, Colorado 81611 Dear Commissionersl In accordance with the provlslons of Section 20-19 of the Code of the City of Aspen, we are herewith requesting an exemption from the definition of the term "subdivision" for the condominiurnization of our property located at 317/319 North Fourth Street, Aspen. What we propose to do is subdivide two existing dwellings. To require that we go through the entire subdivision proceedings to accomplish this would, in our judgment, deprive us of the reasonable use of our land. We submit that inasmuch as what is being sought is the subdivision of existing structures, there will be no resultant increase in density~ Accordingly, the granting of the exemption will not be detrimental to the public welfare or injurious to other property in the area. Our residence contains ____ square feet. The guest house contains square feet, for a total of ____ square feet. The guest house, whose street address is 317 North Fourth Street, has been used by us for that purpose. There will be no employee and/ ornentor displacement and, pursuant to the criteria set forth in Section 20-22 (c) of the Aspen City Code, it is respectfully submitted that no restrictions should be placed upon such unit. Your early consideration of this request will be greatly appreci- ated. ~Rurs trUly, i -!j~ i I '-- . J I' '?J-'.J,,---, il !arn G. Clark x;~795/~~~Yc? _ Lyn H. Clark Enclosures I . .. . .. ~ , 1.-,"' ,..... ...... AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 (Amended 10-17-70) 06 00504 02849 CHICAGO TITLE INSURANCE COMPANY SUBJEcr TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: I. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Laek of a right of access to and from the land; or 4. Unmarketability of such title. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the date of policy shown in Schedule A, the policy to become valid when countenigned by an authorized signatory. CHICAGO TITLE INSURANCE COMPANY Issued by: COLORADO WESr TITLE INSURANCE COMPANY P. O. Box 925 Glenwood Springs, Colorado 8160 1 (303) 945-5545 ~,~. "~lV<C~1 ',,~ ~ President. ATTEST: ~ -e~etf~ "e Secretary, IMPORTANT This policy necessarily relales solely 10 lbe IIIle as of lbe dale of Ibe polky. In order lbal a purcbase. of the real estate described herein may be insured against defects, 'liens or encumbrances, tbls policy should be reissued in tbe name of such purcbuer. Copyright 1969 American land Title Association __",-:l'.~~." '. , .,.. " ., .W"'lIiIiMi'" 'I' .~fl:r . III!~ SCHEDULE A Number Date of Policy November 7, 1975 12:12 P.M. Amount of Insurance 06 005 04 02849 P-510-162-75 $125,000.00 I. Name of Insured; WILLIAM G. CLARK and LYN H. CLARK 2. The estate or interest III the land described hacin ~md which is covL'rcd hy this policy is: Fee simple ], The estate or interest rdcrn:d to herein is at Dat~ of Policy vcstcu ill the insured. 4. The land herein described is encumbered by the following mortgage or trust deed, and assignments: and the mortgages or trust deeds, if any, shown in Schedule B hereof. 5. The land referred to in this policy is described as follows; Lots G, H, and I, Block 28 City and Townsite of Aspen COUNTY OF PITKIN STATE OF COLORADO Thi. policy valid only if Schedule B i. attached. - Recorded at 3: 10 p.m. July 8, 1980 Loretta Banner Recorder Reception No: 225232 RE-RECORDED AT 11:25 A.M. 18 JULY, 1980 LORETTA DANNER, RECORDER ~~A.# STATEMENT OF EXEMPTION -391 (10:375 _391 ,t.:; 940 fROM THE DEfINITION Of SUBDIVISION WHEREAS, WILLIAM G. CLARK and LYN H. CLARK are the owners of a parcel of land located in Pitkin County, Colorado, more particularly described as: Lj2[ (' ):::~ Lots G, H and I Block 29 City and Townsite of Aspen WHEREAS, the foregoing described real property contains two existing dwellings, and WHEREAS, the applicants have requested an exemption from the definition of subdivision for the purpose of subdividing the existing dwellings through condominiumization, and WHEREAS, the Aspen Planning and Zoning Commission, at its regular meeting held May 20, 1980, determined that an exemption from the definition of subdivision is appropriate and recommended that the same be granted, and WHEREAS, the City Council determined at its regular meeting held June 9, 1980, that the subdivision of the existing dwellings through condominiumization is not within the intents and purpose of the subdivision ordinance set forth in Chapter 20 of the Aspen Municipal Code, THEREFORE, the City Council of Aspen, Colorado does hereby determine that the proposed subdivision of the existing dwelling located on said property by condominiumization is not within the intents and purpose of the subdivision ordinance and does, for such reason, grant an exemption from the definition of such action, PROVIDED, HOWEVER, that the foregoing exemption is conditioned upon compliance with the six-month minimum lease provisions of Sec. 20-22 of the Municipal Code. PROVIDED, FURTHER, that the foregoing exemption is conditioned upon applicants' agreeing to join in any improvement district for construction of curbs, gutters, and sidewalks in the event such an improvement district is formed. Da'e'9>t-~d% ~~ Herman Edel, Mayor I, Kathryn S. Koch, do hereby certify that the fore- going Statement of Exemption from the Definition of Subdivision was considered and approved by the Aspen City Council at its regular meeting held June 9, 1980, at which time the Mayor, Herman Edel, was authorized to execute the same on behalf of the City of Aspen. . .;~';' ~i ,::: .,.. , :._~ .:.'~ M: -~. /~ r- ..l" - ...,..,'.~...t:,' : . . ::: ;,;., , .... ,<:': t. [~'.;-,,;.,c~\ \; :"" -,:r',.\'-' ,,\ ,.' .,,,,cO> "'...., "'-..' ,"".."" -391 . f.CE 376 STATE OF COLORADO ) ) ss. ) -391 'f1;L~'941 COUNTY OF PITKIN of perso of the The foregoing was acknowledged before me this ~ day , 1980 by Herman Edel and Kathryn S. Koch, all known to me to be the Mayor and City Clerk, respectively, City of Aspen. Witness my hand and official seal. ..n,..\C: iO,J ' ,:/' ,.-. " .-,.- -'_0" 0 ~ ~ 1'1$0. ~ _J~/~!:(:~'~':C~; . ~ .. [J ~ ~ 0 !: : ~i.:,,~ ,~~;;~:. Notary Pubhc " "',,: My commission expires: CORRECTION OF STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION RECORDED IN BOOK 391 AT PAGE 375, RE-RECORDED TO SHOW NOTARIAL EXPIRATION DATE IN BOOK 391 AT PAGE 540 This Statement of Exemption is being corrected to reflect the accurate legal description of the real property described herein, to-wit: Lots G, H and I Block 28 City and Townsite ot Aspen - 2 - ''Recorded at 3:11 p.m. Jul"",!, 1980 Loretta Banner Recorder' '~eception \"""" No: 225233 RE-RECORDED AT 11:26 A.M. 18 JULY, 1980 LORETTA BANNER, RECORDER COVENANTS _391 rI.t~942 225420 RECEPTION # -391 ":~ 377 WILLIAM G. CLARK and LYN H. CLARK (covenantors), for themselves, their heirs, executors, administrators, and assigns, hereby covenant with the City of Aspen, Pitkin County, Colorado, that: 1. They are the owners of the following described property together with the improvements thereon: Lots G, H and I Block 29 City and Townsite of Aspen 2. The above-described property shall be restricted to six (6) month minimum leases with no more than two (2) shorter tenancies in any calendar year. 3. The owners of the above-described property shall join in any improvement district for construction of curbs, gutters, and sidewalks abutting said property in the event such an improvement district is formed. 4. The covenants contained herein may be changed, modified or amended by the recording of a written instrument signed by the record owners of the property and the Mayor of the City of Aspen pursuant to a vote taken by the City Council. 5. The covenants contained herein are to run with the land and shall be binding on all parties and all persons claiming under them for a period of fifty (50) years from the date these covenants are recorded, after which time, the covenant contained in paragraph two (2) shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by the record owners of the property and the Mayor of the City of Aspen pursuant to a vote taken by the City Council has been recorded which changes said covenant, in whole or in part, or which releases the same, and the covenants contained in paragraph three (3) shall be released. ", ~ -391,~,: 378 _391 II'l[943 IN WITNESS WHEREOF, this Declaration has been duly executed this ~~ day of July, 1980. UJtJIW~~Pl~ William G. Clark ,~~W6~z L n H. Clark ~ STATE OF COLORADO ) ) ss. ) COUNTY OF PITKIN The foregoing instrument was acknowledged before me this Q't:6- o day of July, 1980, by William G. Clark and Lyn H. Clark. Witness my hand and official seal. My commission '\ \t.~ .J e .''/.. , ...' .' '/ expires: My Commiss'Ul' rve"o, A' j,'-:;>." co ,., , " . - -^~..c_ ~,u:;tf4..~\)' I I " ~ ..- ~ V /} ,.,{ ,!,/,~()., , , J' 7\, L4.J ~~ ) ~ ,,' Notary Pubh'a.;:: 5'y:,,'i .:,' , .c' ",.""""".' CORRECTION OF COVENANTS RECORDED IN BOOK 391 AT PAGE.377 These Covenants are being corrected to reflect the aCQurate legal description of the real property described herein, to-wit: Lots G, H and I Block 28 City and Townsite of Aspen - 2 - ~ 'I, 1~ y ~ WHEREAS, the foregoing described real property contains W ~ two existing dwellings, and ~ ~ ~~EREAS, the applicants have requested an exemption ~~,\j~ from t~e ~efinitio~ of subdivision for the purpose of subdividing ~ jl the eX1st1ng dwel11ngs through condominiumization, and ~ ~ ~ WHEREAS, the Aspen Planning and Zoning Commission, at ~ ,{ its regular meeting held May 20, 1980, determined that an ~exemPtion from the definition of subdivision is appropriate and ~~recommended that the same be granted, and i \~ WHEREAS, the City Council determined at its regular meeting held June 9, 1980, that the subdivision of the existing ~ dwellings through condominiumization is not within the intents ~ and purpose of the subdivision ordinance set forth in Chapter 20 ~ y. of the Aspen Municipal Code, \~ 1~ ~~ " ~~ PROVIDED, FURTHER, that the foregoing exemption is ~ ~ conditioned upon applicants' agreeing to join in any improvement ~ district for construction of curbs, gutters, and sidewalks in . ~ the event such an improvement district is formed. ;rY--?~ " 100 Herman Edel, Mayor J Reception No. 22502 ~ ....-' -'-'01 . ~cJ_ ..t,40 ,U _ .~ Loretta Banner, Recorder July 10, 1980 Recorded at 10:40 A.M. , STATEMENT OF EXEMPTION ~ROM THE DEfINITION Of SUBDIVISION WHEREAS, WILLIAM G. CLARK and LYN H. CLARK owners of a parcel bf land located in Pitkin County, more particularly described as: are the Colorado, Lots G, H and I ,Block 29 City and Townsite of Aspen THEREFORE, the City Council of Aspen, Colorado does hereby determine that the proposed subdivision of the existing dwelling located on said property by condominiumization is not within the intents and purpose of the subdivision ordinance and does, for such reason, grant an exemption from the definition of such action, PROVIDED, HOWEVER, that the foregoing exemption is conditioned upon compliance with the six-month minimum lease provisions of Sec. 20-22 of the Municipal Code. I, Kathryn S. Koch, do hereby certify that the fore- going Statement of Exemption from the Definition of Subdivision was considered and approved by the Aspen City Council at its regular meeting held June 9, 1980, at which time the Mayor, Herman Edel, was authorized to execute the same on behalf of the City of Aspen. I, -- , . ~~, \ "