HomeMy WebLinkAboutcoa.lu.ex.317/319 N 4th St.LotsG-I,Blk29.1980_ CLARK, William
Lots G,H,I, - Block 29
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
Aspen City Council
FROM: Sunny Vann, Planning Office
RE: Bill Clark Subdivision Exemption
DATE: May 15, 1980
Zoning: R-6, Residential
Location: 317/319 North Fourth Street (Lots G,H,I, Block 29,
Original Aspen Townsite)
Lot Size: 9,000 square feet
Rental History: None. The property contains two single -story detached
frame houses. The main house has historically been
owner -occupied, the second house is a guest cottage.
Engineering
Comments: The Engineering Department recommends approval subject
to:
1. The revision 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.
i bi1 a ; 541.
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing was acknowledged before me this day
of 1980 by Herman Edel and Kathryn S. Koch,
personally known 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 COtt►missiOn expires January 29, 1984
Notary Public
P41 BL �'
CASELOAD SUMMARY SHEET
City of Aspen
1. DATE SUBtlITTED: March�1980STAFF: SV
2. APPLICANT: William Clark - 9.25-6700
319 N. 4th St.
-- Ashen , CO 81611----___---
3. REPRESENTATIVE: same
4. PROJECT NAME: Bill Clark Subdivision Exemption
5. LOCATION:%/���/�i���/lr_��15�
T ATE
6. TYPE OF APPLICATION:
Rezoning
P.U.D.
Special Review
Growth Management
HPC
7. REFERRALS:
Attorney
Engineering Dept.
Housing
---- Water
City Electric
Subdivision
Exception
x Exemption
70:30
Residential Bonus
Sanitation District
Fire Marshal
T Perks
Holy Cross Electric
Mountain Bell
8. REVIEW REQUIREMENTS: /-_;�/Z
Stream Margin
8040 Greenline
View Plane
Conditional Use
Other
School District
Rocky Mtn. Nat. Gas
State Highway Dept.
Other
•
a
9. DISPOSITION:
P & Z Approved ✓ Denied Date
_7
Council ✓ Approved Denied
10. ROUTING:
Date
✓ Attorney __Building _ _Engineering Other
LJ
U
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.
CITY OF ASPEN
130 south galena street
aspen, colorado 81611
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: !Ron 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.
, "&� i
.' -t� /
Mr. and Mrs. William G. Clark
319 North Fourth Street
Aspen, Colorado 81611
February 12, 1980
Flanninq and Zoning Commission
City of Aspen
City Mall
130 S. Galena Street
Aspen, Colorado 81611
Dear Commissioners:
In accordance with the provisions 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 condominiumization
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.
Accordinaly, 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/
or rentor 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.
Yours truly,
)i4ii�a�mG,, t Clark
L n H. Clark
Enclosures:
AMERICAN LAND TITLE ASSOCIATION
OWNER'S POLICY FORM B-1970
(Amended 10-17-70)
06 005 04 02849
CHICAGO TITLE INSURANCE COMPANY
SUBJECT 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:
1. 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. Lack 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 countersigned
by an authorized signatory.
Issued by:
COLCRADO WEST TITLE
INSURANCE COMPANY
P. O. Box 925
Glenwood Springs, Colorado 31601
(303) 945-5545
CHICAGO TITLE INSURANCE COMPANY
IMPORTANT
By -
President.
ATTEST:
Secretary.
This policy necessarily relates solely to the title as of the date of the policy. In order that a purchaser
of the real estate described herein may be insured against defects, liens or encumbrances, this policy
should be reissued In the name of such purchaser.
Copyright 1969 American land Title Association
4 i
FORM ]b33
SCHEDULE A
Number Date of Policy Amount of Insurance
06 005 04 02849 November 7, 1975 $125,000.00
P-510-162-75 12:12 P.M.
1. Name of Insured:
WILLIAM G. CLARK and LYN H. CLARK
2. The estate or interest in the land described herein and which is covered by this policy is:
Fee simple
3. The estate or interest referred to herein is at Date of Policy vested in the insured.
4. The land herein described is cncumbcred by the following mortgage or trust deed, and assignments:
and the mortgages or trust deeds, if any, shown in Schedule B hereof.
S. 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
This policy valid only if Schedule B is attached.
Recotded at 3:10 p.m. July 8, 1980 Loretta Banner Recorder Reception No:
0 • 10 225232
RE -RECORDED AT 11:25 A.M. 18 JULY, 1980 LORETTA -ANNER, RECORDER
7'7== STATEMENT OF EXEMPTION � 3'i1 375
FROM THE DEFINITION OF SUBDIVISION =391 rt,�z 940
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:
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.
Date:
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.
j
athryn S. och, City Clerk
t
am391
STATE OF COLORADO ) =391 941
) ss.
COUNTY OF PITKIN )
The foregoing was acknowledged before me this day
of 1980 by Herman Edel and Kathryn S. Koch,
perso all known to me to be the Mayor and City Clerk, respectively,
of the City of Aspen.
Witness my hand and official seal. ,��dt1.... y.,
. o
My commission expires: 2L?
(12
�`•.�' �. gel '�
Notary Public
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 of Aspen
- 2 -
00-1 KIN COURI'l
LA
C- 4
L4
+ t2. C-4 J-41-
`Recorded at 3:11 p.m. Ju 1980 Loretta Banner Recorde eception No:���
RE -RECORDED AT 11:26 A.M. 18 JULY, 1980 w391 r.042
LORETTA BANNER, RECORDER
22SQ0 COVENANTS
RECEPTION #am
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 1 yL 378
=391 PwL 943
IN WITNESS WHEREOF, this Declaration has been duly
executed this day of July, 1980.
William G. Clark
Lyn H. Clark
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
day of July, 1980, by William G. Clark and Lyn H. Clark..
Witness my hand and official seal.
My commission expires: My Commiss:ol: lrx".;
{?1 JLO'.
.�
Notary Publia;• k
..........
CORRECTION OF COVENANTS RECORDED IN BOOK 391 AT PAGE.377
These Covenants are 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 of Aspen
- 2 -
-f 4
lff- , " �--
e
Reception No. 2,2502
Loretta Banner, Recorder
July 10, 1980
Recorded at 10:40 A.M.
STATEMENT OF EXEMPTION
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:
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
r► 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
p� 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.
� r
Date:
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.
-
Kathryn S och, City Clerk
CONDOMINIUM MAP OF
5. E . COR
C3LFC 2-8
FPANCIS STREET
SAS15 OF F3C AR11�1GS
nl 75� OG' 1 C \N C10. 00�
ALLE.`( BLK 29
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23-1Co
EXISTING HOUSES L-OGPTEO ON LOT5 G, H, AND-1
SLOGK 2c( CITY OF PSPEN( PIT KIN COUNTY GOLz)
IN.W. GOR.
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2 TO 3 of SNOW ON GROUN D AT TIME
Of 5UR\/EY
ELEvAT101,,1 BAED -7D ON 1�=1 TS COOPEP
At-RIAL SURVI=Y G1TY O1 ASPEN ON
A 7-.a M. OF 18G-1 4 AT -THE-
OF- N. FOURTH AND W. FR/�NGIS 51REET
OWNER' S CERTIFICATE
AS OWNER(S) OF I-oT5 G H .4I CITY OF
ASPEN COLORADO, HEREBY CERTIFY THAT THIS PLAT OF THE
HAS BEEN PREPARED PURSUANT TO THE PURPOSES STATED IN THE CONDOMINIUM
DECLARATION FOR SAID CONDOMINIUMS DATED THIS DAY OF AND
RECORDED IN BOOK ----,-ON PAGE OF THE RECORDS OF THE CLERK AND
RECORDER OF THE COUNTY OF PITKIN, STATE OF COLORADO.
STATE OF COLORADO ) S
COUNTY OF )
I Iif f ORt (,OIN(, OWNFR S CERTIFICATE, WA5 ACKNOWI I O(,I 1'+ 11I FORE: ME THIS ()AY
)F , 19 , Fly 1 ; OWNI R(S)
WIINI: ',S MY HAND ANU of FICIAI_ SILAI NOIAWY 1411"II I(
MY c(_)MMISSI0N EXPIRES' _-.
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SURVEYOR'S CERTIFICATE
I, ()AVID W MCBRIDE (SURVEY ENGINEERS, INC ), A RIF 61',11_REU I AND l)RVLYOR,
HI Rl Fly (.t HT IFY A", FOLLOWS IN FEB , lGBO A URVEY WAS MADE. UNDER MY DIRECTION
AND SUPFRVISiON, OF LOTS G, F-1, � I B1--Y.. aal G1TY OF ASPEN(STATF OF CCILORAD(),
AND FOUND THEREON EX157ING HOUSES I.00ATI 1) E NI IRI I Y WITHIN THE. RO UNOARY
I INI OF SAID DESCRIBED PROPERTY AS 1..'HOWN ON THIS PLAT (BATED ON THE FIEI I) EV1
UE NCE L,HO WN AS FOUND). THE I OCATION ANO OIMI NSIONS OF THE HOUNOARY I INI `,,
fi011 DING, ANf) IMPROVI. ME N 1'i, IN I VIOL N(a OH KNOWN TO ME ARI ACCURAI I I Y '. 11()WN
ON 1H1 S MAP, AND THE, MAP ACCURATE 1 Y AND SUHSTANTIAI 1 Y Ot_PIC.CS Tilt 1 O(.ATION
ANI) THE HORIZONTAL AND Vt RTICAI_ MLA SUREME.NTS OF TIIE HU1► PING, "THI CONOOMINI(IM
UNIT; Till fit IN, I HL UNIT UE.SIGNAI IONS THEREOF , THE DIMENSIONS OF `)All) UNIT'.;, AND
AND THE. 1: t t VA11ONS OF T FIL FINI ;HED FLOORS AND CEILINGS
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