HomeMy WebLinkAboutcoa.lu.ex.Ferrin Duplex 114 E Bleeker St.1975
Notion
Use Determination:
Finesilver house
Motion
SUBDIVISION - Exem.
Ferrin Duplex
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l-!otion
P & 7, 3-18--75
Johnson questioned how far back was the lot from the stream
~nd Ch~rlcs PatcrsOll noted it wos 18' bQck. Piltcrson also
noted that there was a small stre~m or ditch running through
the property.
Jack Jenkins arrives.
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that ~)~tcrs0n Silould r1~~C co rCl)1:42i2 scrllb oak, ctc alld
members agreed that it should be just major rev6gatation.
Schif:>,.:: c-' :.1 ~:~~:c if 11':....- ',-~:'~:; ::'-.:-'C.:r..:::~~ "," ~~ ;:j Zl f:Ol-~'-'.:)J.:-: ~~,- <~c::.-':'
or a verb21 OC2 at this poirlt. Kane Jdviscd just an in~o~~:~:
agreement should be sufficient.
Otte moved to approve the development plan conditional upon
the site being inspected by the Planning Offlce before a
certificate of occup2nc~r is issued and any major rcvcsctatins
be done in the. event of any erosion. Seconded by Hunt.
All in favor, motion carried.
Jeff Finesilver, owner of lots 1-8 Riverside Subdivision,
requested a use determination whether the "nursery" allm"ed
in R-6 in the code means a child care center or a greenhouse.
He would like to add a nursery addition onto his already
existing house. Johnson said that Finesilver should have
been able to tell by the other uses allowed in R-6. otte
questioned what the original intention was and Stanford said
that they had intended a child c?re nursery. Schiffer said
that he agreed with Johnson and noted that the new code
doesn't have the word "nursery" in it because it was too
ambiguous and instead uses "day care".
Johnson moved to deny the request for a use determination on
a tree nursery in R-6. Seconded by Otte. All in favor,
motion carried.
Location of this duplex is 114 E. Bleeker Street. This is
an already existing structure and the owners would like to
condominimize the top and bottom. The structure is on
plotted lots and blocks. Kane noted that they had provided
off-street parking by having a concrete slab in the front of
the building that is used now. The City Attorney ruled that
it should be clearly marked as an encroachment in case
Bleeker Street is widened. The owners have planned for
future development by providing four parking spaces in the
back of the building, access by alley. Johnson questioned
whether there would be easy access in the back. William
Jordan, attorney representing the applicant, noted that
there was plenty of 'didth. Hunt thought that they should
condition approval on the owners providing parking if needed
Schiffer questioned whether they had met all the design
requirements and Kane noted that all improvements were in
order and Jordan said that they would have no problems with
putting on the plat the condltion that the back is reserved
for future parking.
Hunt moved to grant the exemption from Sub.division Reguliltio
under 20-10-c of the code conJitionedupon an agreement
of the ilpplicilnt to reMovc pilrking from the front of the
bui lc1i lItl il t the rc'qucc; t of the Ci ty Llnd in addition bc'
required to provide the off-street parking,~. Seconded
by Johnson. All in fLlvor, except for Otte who abstLlined.
Motion carried.
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LAW O~FICES
OATES, AUSTIN a MCGRATH
eoo EAST "'OI"I\INS STREET
BOX 3707
LEONARD M. OATES
RONALD D. AUSTIN
..J. NICHOLAS McGRATH, ..JR.
ASPEN, COLORADO B1611
WILLIAM E. CLARK
OF" COUNSEL
WILl.,AM R. ..JORDAN m
ANDREW V. HECHT
AREA CODE 303
TELEPHONE 925.2600
February 28, 1975
City of Aspen
Planning Department
P. O. Box V
Aspen, CO 81611
Attention: Mr. John Stanford
Re: Condominiumization of Duplex
Lots Nand 0, Block 65,
Except the East 8.99 feet of
Lot 0, City and Townsite of Aspen
Dear John:
I am submitting this letter pursuant to the pro-
visions of Section 20-10 of the Code of the City of Aspen
requesting an exemption from the provisions of Chapter 20
under Section 20-10(c) of the Code.
Enclosed please find:
1. Two copies of improvement survey of subject
property, and
2. Copy of deed vesting title in Kenneth M.
Ferrin.
The duplex is currently owned by Kenneth M. Ferrin.
The Ferrins live in the top unit of the duplex and rent the
other unit. His proposed use would in no way increase
density. It is his intention that he own and occupy one
unit of the duplex and another owner own and occupy the other
unit. The sole motive for the proposed condominiumization
is the obtaining of housing for two Aspen families at a
reasonable cost.
OATES, AUSTIN S. MCGRATH
Mr. John Stanford
Page 2
February 28, 1975
If the exemption shall be granted by the City of Aspen
Planning and Zoning Commission, Mr. Ferrin and another would
purchase the two duplex units as separate condominium units and
would be able to obtain separate financing for each unit. The
effect and use of the property would be no different than that
which has been made since the duplex was first constructed.
Respecting the pertinent design requirements referred
to in section 20-7 relative to an exemption under Section 20-10,
I submit the following:
1. The property fronts on Bleeker Street, which
I believe complies with all of the minimum
classifications respecting widths and grades;
2. Bleeker Street is an accepted road by the City
of Aspen which is surfaced and maintained by
it at regulat intervals;
3. The property is serviced by and connected to
the Aspen Metropolitan Sanitation District;
4. The property is serviced by and connected to
the City of Aspen Water System.
5. The lot size is approximately 5,100 square feet
with approximately 52 foot front width; and
inasmuch as the property is fully improved, I
would request a waiver of certain of the pro-
visions of sub-paragraph 5 of Section 20-7.
The lot has off-street parking space for a least four
automobiles. This space provides for pull-in parking. There
is existing a sidewalk between the parking spaces and the duplex.
Please let me know if there is any additional infor-
mation respecting this application which you would like at this
time. I would request that the exemption application be pro-
cessed and that I be advised of the date of a hearing for
exemption.
Sincerely,
OATES, AUSTIN & McGRATH
fJiIM- ~
William R. J;r~~, III ~
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ReceptIon N O..num...._.:;.
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FILING STAMP
THIS DEED, Made this I to TP'
day of C?C'T7.7/.'JLJ':?,
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19 74 bet "Ween EMI>1ANUEL SCHIFANI, a married man,
and his wife, MiLDRED B. SCHIFANI, who consents to and
joins in this conveyance
of the County of PITKIN and State of
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Colorado, of the first part, and
KENNETH M. FERRIN
New Yo
of the County of NEH YORK and State of crOlKrollli; of the second part:
WITNESSETH, That the said party of the first part; for and in consideration of the sum of TEN DOLLARS
($10.00) and other good and valuable consideration ~~
to the said party of the first p~rt in hand paid by the said party of the second part, the receipt whereof is hereby
confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does gran~. bargain,
sell, convey and confirm, unto the said party of the second part, his heirs and assi~ns forever, all the following
described lot or parcel of land, situate, lying and being in the.
County of pi tkin and State of Colorado, to.wit:
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Lots Nand 0, Block 65,
Except the East 8.99 feet of
CITY AND TOWNSITE OF ASPEN
Lot 0,
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The warrants of title hereinafter contained are limited to. those
of EMMANUEL SCHIFANI only, and his wife, MILDRED B. SCHIFANI, joins
in this conveyance without any warranty of title whatsoever.
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all
the estate, right, title, interest, claim and demand whatsoever of the said part}" of the first part, either in law
or equity, of,-in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
said party of the second part, his heirs and assigns forever. And the said party of the first part, for himself, his heirs,
executors, and administrators, docs covenant, grant, bargain, and agree to and with the said party of the second part,
his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises
above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and
has good right, full power and lawful authority, to grant, bargain, sell and convey the same in manner and form as
,.
aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, I:
assessments and encumbrances of whatever kind or nature soever. I except general t,axes for Ii
1974, payable in 1975; subject to terms, conditions and Obligations~1
. I
of Common Areas and Structures Declaratlon Agreement recorded June 2 ,
,
1966 in Book 221 at page 224. I
and the above bargained premises in the quiet and peaceable possession of the said party of the second part, his heirs
and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the
said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include
the plural, the plural the singular, and the use of any gender shall be appli<:able to all genders.
. IN WIT~ESS WHEREOF, the said party of the first part has hereunto set his hand and seal t~e..9. d y-.and year
fIrStabovewntten. . /. if~g
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Mildred 'B. Schifani,; his wife
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County of
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STATE OF COLORADO
The foregoing instrument was acknowledged before me this
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day of Dc -bc.,b0r-
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! 11l1i{)bJ.:..E.~it\1~NUEL SCHIFANI,
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'.' SCHIFANI.
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1\-ty t/J/l)r,I1.'-':;;Otl expIres I., - /, -7D
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a married man,
and his wife,
MILDRED B.
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. Witness my h~nd and official seal.
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~J Notnry l'ublic.
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