HomeMy WebLinkAboutcoa.lu.co.Martin 311 Gillespie St & 710 N 3rd St.A05-88
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: / //./f/ff'Y PARCEL ID
DATE COMPLETE: ,;; t ;::; - '- ~
. STAFF MEMBER: (""
PROJECT NAME: (flIt! ,-/h Il!m dfJrf/( /lJlIlrr!/lrlh'lfi)
project Address:
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REPRESENTATIVE: /-)(1 YVl (2 /
. Representative Address/Phone:
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1) TYPE OF APPLICATION:
1 STEP:
2 STEP:
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2)
IF 1 STEP APPLICATION GOES TO:
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P&Z CC i'9BUS IQlll.lHHG DATE:
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3)
PUBLIC HEARING IS BEFORE:
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P&Z
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DATE REFERRED:
REFERRALS:
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City Attorney
City Engineer
Housing Dir.
Aspen Water
City Elec..tric
Envir. Hlth.
Aspen Consol.
S.D.
Mtn.Bell
Parks Dept.
Holy cross
Fire Marshall
Fire Chief
. Roaring Fork
Transit .
School. District
Rocky Mtn Nat Gas
State Hwy Dept(GW)
State Hwy Dept(GJ)
Bldg:Zon/Inspect
Roaring Fork
Energy Center
Other
FINAL ROUTING:
City Atty
DATE ROUTED:
INITIAL:
city Engineer
Bldg. Dept.
Other:
FILE STATUS AND LOCATION:
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MEMORANDUM
Aspen City Council
Robert S. Anderson,Jr., City Manager ~~"'---
Cindy Houben, Planning Office Af<l
Martin Condominiumization
June 27, 1988
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SUMMARY:
recommend
conditions
The Planning Commission and the Planning Office
approval of the Martin Condominiumization with the
as listed below.
REQUEST: Approval to condominiumize two houses located at 311
Gillespie st. and 710 North Third Street.
APPLICANTS: Bill and Mary Martin.
ZONING: R-6.
DESCRIPTION OF
pursuant to the
the criteria and
THE
old
the
PROPOSAL: This application was submitted
Code, Section 20-22. The following outlines
applicant's response.
a. criteria: Existing tenants shall be given written notice
that the unit is for sale and shall be given the option to
purchase.
Response: One unit is owner occupied (the Martins). The
second unit has been rented on a short-term basis on a month
to month basis since July of 1986. The tenants have not had
a tenancy of longer than 5 months since that time.
Therefore, there are no long term tenants to notify. The
last tenant was for a one month period over Christmas of
1987. No tenants have been employees of the community.
b. criteria: All units shall be restricted to 6 month minimum
lease restrictions with no more than two shorter tenancies
per year.
Response: The applicants are requesting that this prov~s~on
be waived. The reasoning is that the house has never been a
long-term rental which would qualify under employee
guidelines. (Neither the new Code or the old Code allow a
waiver of this provision in the residential zone districts).
c. Criteria: The application shall not reduce the supply of Low
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or Moderate housing.
Response: Neither of the units have ever been rented within
the employee guidelines for low or moderate income level
housing. The unit at 311 Gillespie was rented for $2000.00
per month, and $700.00 per week.
In summary the applicants are requesting to condominiumize for
the purpose of estate planning and do not have any plans to sell
the 311 Gillespie home at this time. They are requesting to waive
the 6 month, mi!l.~ll\lllll, leasEl,,!:e,~t:r,i.gt:i.()n in order to continue to
slroff-'E'erm-the' unit.
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REFERRAL COMMENTS:
1) Engineering Department: In a memorandum dated April 26,
1988, Jay Hammond of the Engineering Department noted that a
Condominium Plat must be submitted. The applicants should
J be required to construct a sidewalk along ~,-Thj,r!'t,_s_t.r.e.e.t."",
frontage of the._2rQP.e.r.I:;~L,_,. and the applicants should be
requ~red to JOin an improvements district if one is formed
for their area :--These aetaI1.sare-'C;uHIiiedifit:hecondIt:Tofis
--o~~roval. The reasoning for construction of the sidewalk
~ ~ y. is because the installation of sidewalks along Third street
",r' (\'-:> has been listed as a priority in Resolution 19 of the City
,fcl . \ Council. Jay Hammond I s memorandum is attached.
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PLANNING STAFF COMMENTS: The Planning office has no objection to
the condominiumization of the units, however, the Code does not
allow a unit within the R-6 Zone District to be rented for less
than a 6 month period. The reasoning for this is that the Council
has determined that the permanent residential character of an
area is destroyed if short terming occurs. Condominiumization is
one of the mechanisms which allows the City to imposes the lease
restrictions.
For your information, the R-6 zone now allows two detached
residential dwellings to occur on a lot of 9,000 or greater.
Therefore, the applicants are conforming with regard to use. The
applicants do not, however, meet other area and bulk requirements
such as setbacks. These are not issues of condominiumization,
however, and should not affect the approval of this application.
RECOMMENDATION: The Planning commission and Planning Office
recommend that the City Council make the following motion.
"The City Council grants approval of the Martin
condominiumization with the following conditions of approval.
1. The applicants shall submit a statement of subdivision
exception which shall include the following and shall be
submitted prior to recordation of the plat:
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a) Limitation that the units shall be rented for periods
of 6 months, with no more than two shorter tenancies
per year; and
b)
The applicants shall commit
improvement district which may
area.
to joining any future
be established for their
2. A condominium map shall be submitted pursuant to section
20-15 of the Aspen Municipal Code and shall designate the
following:
a. Individual units;
b. Common Elements;
c. On site parking;
d. Easements for the transformer on the southwest corner
of the property; and
e. All other easements and items required on the
condominium map under Colorado Statute.
The applicants shall agree to have the structures inspected
by the Building Department for fire, health, and safety
conditions and to abide by the Building Department's
requirements prior to recordation of the plat. Ii L/
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to the approval of the Condominium Plat the applicants ~~)~,~
receive an encroachment permit from the", el}\Jineer, ing tlf,/,P ,
for the house at 311 Gillespie st." j\JP1vv...j?'c k~ ~,,:.(,/~ I
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The following condition was recommended by the City Engineering ~I'l
Department and is supported by the Planning Staff. The Plannin? "~VJ
Commission recommends that this condition be deleted since no ?!b"'.'
other homes along Gillespie st. have been required to build a ~'~
sidewalk. \O~
3.
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Prior
shall
Dept.
5 The applicants shall construct a 5 foot wide pedestrian
sidewalk in the right-of-way along the Third st. frontage.
This shall be completed within one year after the
condominium plat is signed by the City Council.
CH.martin
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MEMORANDUM
TO: Aspen city Council
FROM: cindy Houben,Planning Office
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THRU: Robert S. Anderson Jr., city Manager ~1k~,
RE: Martin Condominiumization
DATE: June 27,1988
================================================================
The Martin I s have requested that this item be tabled until the
next City council Meeting They are unable to attend this
meeting and would like to be present for the City Council
discussion of their application.
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CASELOAD SUMMARY FOR THE MARTIN CONDOMINIUMIZATION
ON JULY1r, .1988.. THE CITY COUNCIL APPROVED THE. MARTIN
CONDOMINIUMIZATION WITH THE FOLLOWING CONDITIONS OF APPROVAL:
1. The applicants shall submit a statement of subdivision
exception which shall include the following and shall be
submitted prior to recordation of the plat:
a) Limitation that the units shall be rented for periOdS
of 6 months, with no more than two shorter tenancies
per year; and
b)
The applicants shall commit
improvement district which may
area.
to joining any future
be established for their
2. A condominium map shall be submitted pursuant to section
20-15 of the Aspen Municipal Code and shall designate the
following:
a. Individual units;
b. Common Elements;
c. On site parking;
d. Easements for the transformer on the southwest corner
of the property; and
e. All other easements and items required on the
condominium map under Colorado Statute.
3. The applicants shall agree to have the structures inspected
by the Building Department for fire, health, andc safety
conditions and td abide by the Building Department's
requirements prior t9 reco~dation of the plat.
4i. P:d,or to: the~Pl?roval of the cO,ndominium Plat,th,e ap[>licants
shalll J;"ece.i ve an en,?roiac;hment Permit f:r:om; the; engineering
Dept. fo:!:' the!' house. <at 3<lll Gillesl?'ie St.~" '
In, addition" the apPlical1;t's;,req1:i~sted.l tfjat, tlle: ();t;ycognd1f
,?onsi~e:r: a;pe:r:manenteI1Cr9iacfjllle;li1t J!?eJrJ.1liit:, E'Oll\tfie }J!J!Gillesl?.ie
~tre~t house or a [>ermit;, whicfi\ is l?e.;r:m2linent;i fOr th~Hf'e; of the'
hou~e. Tfje' C()gncil ..,111, consi~e'Ft;hese. i~sues at, th~ Hme the
applicants; apply fo~ an encroachment;, permit from the Engineering
Department.
CH.MARTIN2
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MEMORANDUM
TO:
Aspen Planning and zoning Commission
FROM:
Cindy Houben, Planning Office
RE:
. Martin Condominiumization
DATE:
May 17,1988
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REQUEST: Approval to condominiumize two houses located at 311
Gillespie St. and 710 North Third street.
APPLICANTS: Bill and Mary Martin.
ZONING: R-6.
DESCRIPTION OF THE
pursuant to the old
the criteria and the
PROPOSAL: This application was submitted
code, section 20-22. The following outlines
applicant's response.
a. criteria: Existing tenants shall be given written notice
that the unit is for sale and shall be given the option to
purchase.
Response: One unit is owner occupied (the Martins). The
second unit has been rented on a short-term basis on a month
to month basis since July of 1986. The tenants have not had
a tenancy of longer than 5 months since that time.
Therefore, there are no long term tenants to notify. The
last tenant was for a one month period over Christmas of
1987. No tenants have been employees of the community.
b. criteria: All units shall be restricted to 6 month minimum
lease restrictions with no more than two shorter tenancies
per year.
Response: The applicants are requesting that this provision
be~aived. The reasoning is that the house has never been a
long-term rental which would qualify under employee
guidelines. (Neither the new Code or the old Code allow a
waiver of this provision in the residential zone districts).
c. criteria: The application shall not reduce the supply of Low
or Moderate housing.
Response: Neither of the units have ever been rented within
the employee guidelines for low or moderate income level
housing. The unit at 311 Gillespie was rented for $2000.00
per month, and $700.00 per week.
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In summary the applicants are requesting to condominiumize for
the purpose of estate planning and do not have any plans to sell
the 311 Gillespie home at this time. They are requesting to waive
the 6 month minimum lease restriction in order to continue to
short term the unit.
REFERRAL COMMENTS:
1) Engineering Department: In a memorandum dated 4/26/1988, Jay
Hammomd of the Engineering Department noted that a
Condominium Plat must be submitted. The applicants should
be required to construct a sidewalk along the Third street
frontage of the property, and the applicants should be
required to join an improvements district if one is formed
for their area. These details are outlined in the conditions
of approval. The reasoning for construction of the sidewalk
is because the installation of sidewalks along Third street
has been listed as a priority in Resolution 19 of the City
Council. Jay Hammond's memorandum is attached.
PLANNING STAFF COMMENTS: The Planning office has no objection to
the condominiumization of the units, however, the Code does not
allow a unit within the R-6 Zone District to be rented for less
than a 6 month period. The reasoning for this is that the Council
has determined that the permanent residential character of an
area is destroyed if short terming occurs. Condominiumization is
one of the mechanisms which allows the city to imposes the lease
restrictions.
For your information, the R-6 zone now allows two detached
residential dwellings to occur on a lot of 9,000 or greater.
Therefore, the applicants are conforming with regard to use. The
applicants do not, however, meet other area and bulk requirements
such as setbacks. TheSe are not issues of condominiumization,
however, and should not affect the approval of this application.
.A-e,~7V e&
c;Jy:c:OMMENDATION: The planning Office recommends approval of'Ehe
.condominiumization with the following conditionso:
1. The applicants shall submit a statement of SUbdivision
exception which shall include the following and shall be
submitted prior to recordation of the plat:
a) Limitation that the units shall be rented for periods
of 6 months, with no more than two shorter tenancies
per year; and
b)
The applicants shall commit
improvement district which may
area.
to joining any future
be established for their
2. A condominium map shall be submitted pursuant to section
2
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20-15 of the Aspen Municipal Code and shall designate the
following:
f)
a. Individual units;
b. Common Elements;
c. On site parking;
d. Easements for the transformer on the southwest corner
of the property; and
e. All other easements and items required on the
condominium map under Colorado statute.
The applicants ~ll ~onstruct a 5 footwide pedestrian
sidewalk in the ri -of-way along the Third st. frontage.
This shall be pleted within one year after the
condominium plat is s gned by the city Council.
4. The applicants shall agree to have the structures inspected
by the Building Department for fire, health, and safety
conditions and to abide by the Building Department's
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TO:
FROM:
DATE:
RE:
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MEMORANDUM
MAY 4
Ci.,nqy.lk>mea,l'l,anning Office
Jay Hammond, City Engineer ~
April 26, 1988
Martin Condominiumization
Having reviewed the above application and having made a site
inspection, the City Engineering Department would offer the
following comments:
Engineering would recommend that condominiumization of the Martin
property be conditioned on the following:
1. Submittal of a condominium map pursuant to the requirements
of Municipal Code Section 20-15 and designating:
Individual units.
Common elements.
On-site parking.
Easements for the transformer on the southwest corner of
the property.
All other easements and items required on the condo map
under Colorado statute.
a.
b.
c.
.- d.
e.
2. Construction of a 5 foot pedestrian sidewalk in the right-of-
way along the Third Street frontage. The identification of Third
Street as a priority for sidewalks under Council resolutiori 19
Series of 1975, as well as the high summer pedestrian traffic
through this location lead us to recommend construction of the
Third Street sidewalk as a condition of approval.
3. A commitment to future improvement districts pursuant to
standard language available from the City Attorney.
JH/co/Memo72.88
cc: Chuck Roth
Dear
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A~PEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, 00 81611
(~O~) 925-2020
~ate: ~di/9!!
:
This is to inform you that the Planning Office has completed its
preliminary review. of the captioned application. We have determined
that your application IS ~ complete_
Additional items required include:
If you have any questions, please call
the ,planner assigned to your case.
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Disclosure of Ownership (one copy only needed)
Adjacent property Owners List/EnvelopeS/Postage (one copy)
Additional copies of entire application
Authorization by owner for representative to sutmit applica-
tion
Response to list of items (attached/below) demonstJ::ating
compliance with the applicable policies and regulations of ,the
Code, or other specific materials
A check in "the amount of $
Your application i9 complete and we ha~~ scheduled it for
review by the cL+-l-- on ~ 11 ' . We will
call you .if we need any additional informatori prior to that
date. Several days prior to your hearirig, we will call and
make available a copy of the memorandum., Please note that it
IS NOT your responsibility to post your property witll a
sign, which we can provide you for a $3.00 fee.
B.. Your application is incomplete, we have not scheduled it
review at this time. When we receive the materials we have
requested', we will place you on the ne",t "aiable agenda.
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Sincerely,
OFFICE
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MEMORANDUM
ND'I:
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'" ''1 1988
FROM:
City Attorney
city Engineer
cindy Houben, Planning Office
TO:
RE:
Martin Condominiumization
DATE:
March 24, 1988
================================================================
Attached for
by Bill and
single-
an , . Block 1
your review and comments is an application submitted
Mary Martin requesting Condominiumization for two
s on three contiguous lots located on Lots 1,2,
llam Addition. The property is zoned R-6.
lease review this m terial and return your comments no later
April. 22, 1988 n order for this office to have adequate
to prepare for it presentation before P&Z.
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January 29, 1988
Bill and Mary Martin
710 N. 3rd st.
Aspen, CO 81611
RE: Martin Condominiumization
Dear Bill and Mary:
This letter is to inform you that the Planning Office has
completed its review of the application that you submitted to us.
We have determined that your application is not complete. We
need the following additional items:
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Please submit 4
prepared to the
Department.
copies of a plat
specifications of
which should be
the Engineering
o
Please submit, in affidavit form, information on all
rentals which have occurred over the prior 18 months.
Please list length of term and price per month. Please
also tell us the square footage size of the rental
house, so we can compute the rental per square foot, in
support of your statements regarding Sec. 20-22(c).
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As soon as we receive the above information, your
application will be referred and a date will be set for
P&Z.
Thank you for your cooperation and if you have any questions,
please do not hesitate to call cindy Houben, the planner assigned
to your case.
sincerely,
Alan Richman
planning and Development Director
AR:nec
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ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen. CO 81611
(303) 925-2020
Date:
RE::
Dear
V"'Ar{t..\~"" CovJ....o~\\f"'"""""\'J..A~
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This is to inform you that the Planning Office has completed its
pl:'eliminacy ceview of the captioned application. We have detel:'mined
that youc appl ication IS NOT complete.
Additional items cequiced include:
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Disclosuce of Ownecship (one copy on~y needed)
Adj acent pcopecty Ownel:'s List/Envelopes/Postage (one copy)
Additional copies of entil:'e application
Authocization by ownel:' fo!: I:'epl:'esentative to submit applica-
tion ,,~U
Response to list of items (al::l::aeheEl/L,,"lv...). demonstl:'ating
compliance with the applicable policies and I:'egulati,onsof the
Code~ oc othec specific mate!:ials
A check in the amount of $
Your application is compJ:-ete and we, have scheduled it fol:'
rev iew by the on We will
call you if we need any additional information pdoc to that
da te _ . Sever.al days prior to l'our hear ing, we will call and
make available a copy ,of the memorandum" Please note that it
IS NO-T youI:' responsibility to post youI:' property with a
sign, which we can provide you fol:' a, $3.00 fee.
B_ Your application i's incomplete, we have not scheduled it
I:'eview at this time. When we receive the materials we have,
requested" we will place you on the .next available agenda.
A_,
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If you have any questions, please call
the plannel:' assigned to' your case.
,
, >;<o~,...o~ ' Sincel:'ely,
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...\.....,w~ ~..~ 4.. ~ ASPEN/PITKIN PLANNING OFFICE
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JAN 15
January
IS, 1988
General William K. and Mary Martin
710 North Third Street
Aspen, Colorado 81611
(303) 925-3352
City of Aspen
Planning Department
130 S. Galena
Aspen, Colorado 81611
Attn: Alan Richman, Director
Re: Lots 1, 2 and 3, Block 102, Hallam Addition, City of
Aspen
Dear Alan:
Please consider this letter to constitute our application
for condominiumization of the above described real property. We
will attempt through this letter to comply with the provisions of
Section 20-22 of the Municipal Code of the City of Aspen.
Pursuant to that provision, please be advised as follows:
A. The real property described above is improved with
two residences, one located at 710 North Third Street where we
currently reside, and one located at 311 Gillespie. The
residence located at 710 North Third Street and 311 Gillespie
have been historically designated by the HPC.
B. There have never been long term tenants in 311
Gillespie. The house at 710 North Third Street was rented on a
long term basis from 1960 to 1971, at which time it became our
permanent residence. The house located at 311 Gillespie has been
rented on a short term basis, on occasion, to the Aspen
Institute, the MAA, the Design Conference Ballet West and
seasonal guests. This property has been designated as the guest
house for the main property in which we reside and has been
donated as a raffle item for the benefit of local charities.
During the summer of 1986, it was rented for four months and
during the summer of 1987 it was rented to the Design Conference
for a week, the MAA for a week, and our son used it during the
period of time that he conducted the Aspen Soccer Camp for a
month. Last winter it was rented for five months to a Mr. Art
Sutter from San Francisco, California.
.
,-.
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City of Aspen
Planning Dept.
Attn: Alan Richman
Page 2
C. We would request that the provision of Section 20-
22 (b) be waived and that no deed restrictions be imposed. The
main house at 710 North Third Street has been a private residence
since 1970 and the guest house has been available to family,
guests, and short term rentals. We have never used rental agents
to obtain any rentals for it. In any event, when the quest house
was rented, it was never rented as low cost, employee or medium
cost housing.
D. In connection with Section 20-22 (c), we can
provide limited records that neither house has been rented as low
or moderate income housing. Our neighbors, Jim Daggs, Geri
Vagneur, Jim Hume, and Mr. and Mrs. Jamie Hartrack, can confirm
our rental policy. There has never been a concerted effort to
maximize the rental potential of the property located at 311
Gillespie and no rental agent has ever been used for that
purpose. In answering the criteria called for in Section 20-22
(c), we will answer them by numbering our answers in accordance
with the numbers of this Subsection and they are:
(1) See the information relating to 20-22 (c)
above.
(2) No tenants have been requested to move
involuntarily during the preceding eighteen (18) months.
(3) The reason for condominiumization is to
permit the sale of either or both houses for a State planning e~hk ?
purposes which is our primary motivation since we have four '
children and the necessity to sell one of the residences may
occur for State purposes.
(4) Not applicable.
(5) Not applicable, since there is no tenants
occupying either house.
(6) Not applicable, since the property is not
currently for sale and there is no purchaser contemplated for
either unit.
It is not our intention to sell either unit to anyone to use
it as a rental unit, but to have both homes ultimately occupied
by permanent or second home residents.
"'" (,
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City of Aspen
Planning Dept.
Attn: Alan Richman
Page 3
It is our intention to request that the six month rental
restriction not be applicable to this condominium. Our reason
for this is based upon the historical use of these properties and
the fact that we have in the past made short-term accommodations
available to the Design Conference, the MAA, etc.
We
survey.
be more
enclose a photocopy of our initial deed and preliminary
Any additional information that may be required we will
than willing to produce.
Very truly yours,
General William and Mary Martin
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Lt. Gen. William K. Martin, USAF (Ret) I' J\I n:El 9!Cm
710K Th;,d S<_ [11UJ
A>p<~.~81611
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PRE~APPLICATION CONFERENCE SUMMARY
j
JAN 15 ,.~". ,.
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PROJECT: t-'\.o. r't"",I) C-ohJ...a ('V'\\ "':u.VV\i u--r-l 01"
APPLICANT'S REPRESBM'ATIVI: 0>: \ \ 1JV\ "" r 'l'" i n
REPRESENTATIVE'S PHONE: <q~~-:- ~"'3> $'''';)...
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OWNERS NAME: \3,,' \ M (A. r.......' ,I)
SUMMARY
1. Type of Application: C-o"'J.OM'n.''-'-'^''''...........,.."
2. Describe acti,on/type of development being requested:
C--=>.....J..<.HV....."".. ""-"""-,4-...... T'-A->O ::':""'::~}~ +=....."""'~
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3. Areas in which Applicant has been requested to respond, types of
reports requested:
policy Areal
Referral Agent
f"'j',,,eu'''d -
See. <::.e.c..no..... "",,-1"1 -
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Public Bearing: CYE,S) ~ ~f'''Q~>s.\f ~r....';l\.,-,~(....."ru\
Did you tell applicAnt to submit list of ADJ~ROPERTY
ClWtU:RS? (YES) ~ Di$closure of Ownership: ~ : (NO)
What fee was applic,ant requested to submit: n b'60 +- ISo :" ~Ibo
rc...~"'"" c..."I" IS \~:S- /\-,<"
AT"\"C>(I"....-\
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aeview is:
(P&Z Only)
Anticipated date of submission:
COMMENTS/UNIQUE CONCERNS:
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