HomeMy WebLinkAboutcoa.lu.ec.Winterhaven Condominiums
-
,
r'
" "
-fJe
,
.
No. 1- 3 - 8'
CASELOAD SUMMARY SHEET
City of Aspen
1. DATE CERTIFIED COMPLETE:
2. APPLICANT: 'FI2-A"-\'v<. -:!. MC.G1Vlf2..E:.
STAFF:
;::"I-It=-~ PAV/~
~ jo~" to. e""AN I JR
3. REPRESENTATIVE: 6. A R-Y LDLI~I-\ '\ - l>-""tTDIUJ{.'("
~0 tV, MIL.L. ~T <' \ o( 9 d.'5 ~ C5 j, .;n.
I " ) ~uile
4. PROJECT NAME: W \4A-\lI~~ , QoH1N1UH':::,
\\-..\,t=iL L.nJ-J
5. LOCATION: 5d.-'S .;..... U,)E:~1 I'B-.Jr:.;, ~i II...EE1'
-.).
Lo""~ e~ S , e LOCJ< I 13 ClLll c,l A:SPGJ-..!
.
6. TYPE OF APPLICATION:
4 Step:
GMP (
PUD (
)
)
Subdivision
.
IX Subdivision Exception C C=t--.J-O~I,""uM \-.:Jo...~, )
GMP Exception ( )
2 Step:
Rezon i ng (
)
SPA
1 Step:
Use Determination
--
Conditional Use
Speda 1 Review (
)
HPC
No. of Steps:
Other:
7. ;CONCEPTUAL REFERRALS:
j ~ttorney
~;ngineering Dept.
_HOUSing
Water
_City Electric
Sanitation District
Mountain Bell
Parks
Holy Cross Electric
~'.Fire Marshal/Building
_School District
--.:....Rocky Mtn. Nat. Gas
State Highway Dept.
_Other
Dept.
8. PISPOSITION - CONCEPTUAL REVIEW:
P & Z . Approved Denied
Date
~'''''
'"
"..,,-
,
.'
,
- "WI
1. The applicant agrees to comply with the require]
ments of Section 20-22 of the code including:
a)
the units are deed restricted to six months
minimum leases with only two shorter tenancies
per year;
the existing tenants are given written notice
of the condominiumization and they are also
given the right of first refusal in pur-
chasing their unit;
. ..
b)
2. The applicant shall revise the condominium plat
prior to recordation to include the following
additions as recommended by the Engineering
Department:
a)
b)
P & z
H
The plat should clearly indicate the basis
for the lot line bearings shown. .
The site plan shou}d show the curb, gutter,
and sidewalk installed in the West End Street
right-of-way by the project.
For the benefit of the various owners, the
plat should indicate the sources of the
various utility services and all meter locations.
d) The fence along the westerly lot line
should be labeled as such.
e) The first sheet should include an index
stating the basic information contained on
each of the two sheets;
f) The schematic floor plans should designate
the status of the basement area as a common
element or otherwise.
./ Approved 1/ Denied Date
u.. +
c)
$11
~ ~'cove
or (lJ)f\
,&1r\A.J :
11.
Approved
/
;/ ?-S(V2
,
FINAL PLAT /
Counci l~
Denied
Date
(C)
, ,'" .,"'/,..,., 'r:i I
,> iV~ :'-.,.)'..)""-'
\ \
'/(::' '2
di.f'f)5
~.
/
~ I
-~U J' 2,' ~
p....-z.
'. ......)-1
p[i:., ex'!
~, " ....
c ','(
Df\
12. ROUTING:
Attorney
~uilding ',.Engineering
Other
!"'.
.....#
,....
"""
"'-""
....,
.
MEMORANDUM
TO: Aspen City Council
FROM: Alice Davis, Planning Office
DATE: January 7, 1982
APPROVED AS TO FORM:
RE: Winter Haven Condominiums - Subdivision Exception
Location:
Lots Rand S, Block 113, Aspen Original
West End Street
Zoning:
R-MF
Lot Size:
6,000 square feet
Applicant's
Request:
The applicant is requesting an exception from full subdivision
requirements for the purpose of condominiumizing a triplex
located at 525 S. West End Street.
Attorney's
Comments:
The City Attorney' commented that a subd\vision exception should
only be granted in accordance with Sectlon 20-19 of the Code
which deals with the impacts of full subdivision procedures on
the applicant.
Engi neeri ng
Department:
After a site inspection and a review of the Winter Haven Condo-
minium Plat, the Engineering Department feels the plat as sub-
mitted is essentially complete and sufficient for approval.
However, prior to the recording of the final plat, the following
additions should be made:
1. The plat should clearly indicate the basis for the lot line
bearings shown.
2. The site plan should show the curb, gutter and sidewalk
installed in the West End Street right-of-way by the
project.
3. For the benefit of the various owners, the plat should
indi cate the sources of the various util i ty servi ces and
a 11 meter locations.
4. The fence along the westerly lot line should be labeled
as such.
5. The first sheet should include an index stating the basic
information contained on each of the two sheets.
6. The schematic floor plans should designate the status of
the basement area as a common element or otherwise.
Planning Office
Review: Subdivision exception for the purpose of condominiumization was
granted in November, 1977 for a triplex that existed on the
subject parcel at that time. Since 19J], the original triplex
has been partially removed and reconstructed. Due to this
reconstruction the applicant is seeking a subdivision exception
to condominiumize the new triplex. When the Planning and Zoning
Commission considered the first condominiumization on the
subject parcel in 1977, Section 20-22 regarding condominiums was
not yet adopted. However, Section 20-22 was being considered
at that time due to a concern for employee housing, but there
was no legal means to enforce specific price guidelines.
Since this subdivision request is for land to be used for
condominiums, the applicant must comply with the requirements
of Section 20-22 of the Code regarding condominiumization.
-
"'""
~,
-.J
Memo: Winter Haven Condominiums - Subdivision Exception
Page Two
January 7, 1982
Section 20-22 imposes requirements regarding:
1. The existing tenants' right to written notice of the
condominiumization and their right to first refusal;
2. Six month minimum leases; and
3. Units which have been rented within the City's employee
housing guidelines during the past 18 months.
Planning Office
and Planning and
Zoni ng Commi ss ion
Action: The Planning Office and Planning and Zoning Commission recommend
the approval of the request for subdivision exception for the
purpose of condominiumization subject to the following conditions:
Of the three units in the triplex to be condominiumized, two
uni.ts have been rented during the past 18 months while the
third unit has been and will continue to be owner occupied.
The two rental units were 711 and 768 square feet in size when
rented and were leased for $700 to $800 per month, thus they
do not fall under the requirements of 20-22(c) regarding
employee housing.
1. The applicant agrees to comply with the requirements of
Section 20-22 of the Code including:
a. The units are deed restricted to six months minimum
leases with only two shorter tenancies per year; and
b. The existing tenants are given written notice of the
condominiumization and they are also given the right
of first refusal in purchasing their unit.
2. The appl icant shall revise the condominium plat prior to
recordation to include the following additions as
recommended by the Engi nee ring Department:
a. The plat should clearly indicate the basis for the lot
line bearings shown.
b. The site plan should show the curb, gutter, and side-
walk installed in the West End Street right-of-way
by the project.
c. For the benefit of the various owners, the plat should
indicate the sources of the various utility services
and all meter locations.
d. The fence along the westerly lot line should be labeled
as such.
e. The first sheet should include an index stating the
basic information contained on each of the two sheets.
f. The schematic floor plans should designate the status
of the basement area as a common element or otherwise.
....'
,
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Alice Davis, Planning Office
RE: Winter Haven. Condominiums - Subdivision Exception
DATE: December 29, 1981
Location:
zoning:
Lot Size:
Applicant's
Request:
Attorney's
Comments:
Engi neeri ng
Department:
Planning
Offi ce
Review:
Lots Rand S, Block 113, Aspen Original Townsite;
525 S. West End Street
R-MF
6,000 square feet
The applicant is requesting an exception from full
subdivision requirements for the purpose of condo-
miniumizing a triplex located at 525 S. West End Street.
The City Attorney commented that a subdivision exception
should be granted only if P & Z finds that the impacts
of full subdivision procedures would deprive the
applicant of reasonable use of his land; and, if the
exception is necessary for the preservation and en-
joyment of a substantial property right of the appli-
cant; and, if granting the exception will not be detri-
mental to the public welfare or to other property in
the vicinity of the subject parcel.
After a site inspection and a review of the Winter Haven
Condominium Plat, the Engineering Department feels
the plat as submitted is essentially complete and
sufficient for approval. However, prior to the record-
ing of the fianl plat, the following additions should
be made:
1. The plat should clearly indicate the basis for
the lot line bearings shown.
2. The site plan should show the curb, gutter and
sidewalk installed in the West End Street right-
of-way by the project.
3. For the benefit of the various owners, the plat
should indicate the sources of the various
utility services and all meter locations.
4. The fence along the westerly lot line should be
labeled as such.
5. The first sheet should include an index stating
the basic information contained on each of the
two sheets.
6. The schematic floor plans should designate the
status of the basement area as a common element
or otherwise.
Subdivision exception for the purpose of condominium-
ization was granted in November, 1977 for a triplex
that existed on the subject parcel at that time.
Since 1977, the original triplex has been partially
.......", ~
Winter Haven Conch-.11linium - Subdivision Excep.lon
Page Two
December 29, 1981
removed and reconstructed. Due to this reconstruction
the applicant is seeking a subdivision exception to
condominiumize the new triplex. When the Planning and
Zoning Commission considered the first condominiumization
on the subject parcel in 1977, Section 20-22 regarding
condominiums was not yet adopted. However, Section 20-22
was being considered at that time due to a concern for
employee housing, but there was no legal means to enforce
specific price guidelines.
Since this subdivision request is for land to be used
for condominiums, the applicant must comply with the
requirements of Section 20-22 of the code regarding
condominiumization. Section 20-22 imposes requirements
regarding:
1) The existing tenants' right to written notice of
the condominiumization and their right to first
refusal;
2) Six month minimum leases; and
3) Units which have been rented within the City's
employee housing guidelines during the past
18 months.
Of the three units in the triplex to be condominiumized,
two units have been rented during the past 18 months
while the third unit has been and will continue to be
owner occupied. The two rental units were each 2,000
square feet in size when rented and were leased for
$700 to $800 per month, thus they fall under the re-
quirements of 20-22(c). At $.35 to $.40 per square
foot, these units fall under the City's low income
housing price guidelines and therefore must be deed
restricted to maintain prices under the low income
guidelines for a five year period.
Planning
Offi ce
Recommenda-
tions:
The Planning Office recommends the approval of the
request for subdivision exception for the purpose of
condominiumization subject to the following conditions:
1. The applicant agrees to comply with the require-
ments of Section 20-22 of the code including:
a) the units are deed restricted to six months
minimum leases with only two shorter tenancies
per year;
b) the existing tenants are given written notice
of the condominiumization and they are also
given the right of first refusal in pur-
chasing their unit; and
c) the two units that have rented under the low
income housing price guidelines during the
past 18 months are deed restricted to main-
tain prices under the low income guidelines
for a five year period.
2. The applicant shall revise the condominium plat
prior to recordation to include the following
additions as recommended by the Engineering
Department:
c)
The plat should clearly indicate the basis
for the lot line bearings shown.
The site plan should show the curb, gutter,
and sidewalk installed in the West End Street
right-of-way by the project.
For the benefit of the various owners, the
plat should indicate the sources of the
various utility services and all meter locations.
a)
b)
'-"
'-.
Winter Haven Con~d~inium - Subdivision Excepc10n
Page Three
December 29, 1981
d) The fence along the westerly lot line
should be labeled as such.
e) The first sheet should include an index
stating the basic information contained on
each of the two sheets.
f) The schematic floor plans should designate
the status of the basement area as a common
element or otherwise.
.
-
........
~'"
.J
,
t
I
.
I
I
I
.
t
I
1
I
MEMORANDUM
Planning and Zoning Commission
Alice Davis, Planning Office
Winter Haven, Condominiums - Subdivision Exception
TO:
FROM:
RE:
DATE:
December 29, 1981
Location:
Zon i ng :
Lot Size:
Applicant's
Request:
Attorney's
Comments:
Engineering
Department:
,
"
Planning
Offi ce
Review:
Lots Rand S, Block 113, Aspen Original Townsite;
525 S. West End Street
I
,
~
il
R-MF
6,000 square feet.
The applicant is requesting an exception from full
subdivision requirements for the purpose of condo-
miniumizing a triplex located at 525 S. West End Street.
The City Attorney commented that a subdivision exception
should be granted only if P & Z finds that the impacts
of full subdivision procedures would deprive the
applicant of reasonable use of his land; and, if the
exception is necessary for the preservation and en-
joyment of a substantial property right of the appli-
cant; and, if granting the exception will not be detri-
mental to the public welfare or to other property in
the vicinity of the subject parcel.
After a site inspection and a review of the Winter Hav,en
Condominium Plat, the Engineering Department feels
the plat as submitted is essentially complete and
sufficient for approval. However, prior to the record-
ing of the fianlplat, the following additions should
be made:
1. The plat should clearly indicate the basis for
the lot line bearings shown.
2. The site plan should show the curb, gutter and
sidewalk installed in the West End Street right-
of-way by the project.
3. For the benefit of the various owners, the plat
should indicate the sources of the various
utility services and all meter locations.
4. The fence along the westerly lot line should be
labeled as such.
5. The first sheet should include an index stating
the basic information contained on each of the
two sheets.
6. The schematic floor plans should designate the
status of the basement area as a common element
or otherwise.
Subdivision exception for the purpose of condomi~ium-
ization was granted in November, 1977 for a triplex
that existed on the subject parcel at that time.
Since 1977, the original triplex has been partially
-Winter Haven
Page Two
December 29,
Planning
Office
Recommenda-
ti ons:
,-'.....
Condo.......lium - Subdivision Except)
1981
removed and reconstructed. Due to this reconstruction
the applicant is seeking a subdivision exception to
condominiumize the new triplex. When the Planning and
Zoning Commission considered the first condominiumization
on the subject parcel in 1977, Section 20-22 regarding
condominiums was not yet adopted. However, Section 20-22
was being considered at that time due to a concern for
employee housing, but there was no legal means to enforce
specific price guidelines.
Since this subdivision request is for land to be used
for condominiums, the applicant must comply with the
requirements of Section 20-22 of the code regarding
condominiumization. Section 20-22 imposes requirements
regarding:
1) The existing tenants' right to written notice of
the condominiumization and their right to first
refusal;
2) Six month minimum leases; and
3) Units which have been rented within the City's
employee housing guidelines during the past
18 months.
Of the three units in the triplex to be condominiumized,
two units have been rented during the past 18 months
while the third unit has been and will continue to be
owner occupied. The two ren~al units were each 2,000
square feet in size when rented and were leased for
$700 to $800 per month, thus they fall under the re-
quirements of 20-22(c). At $.35 to $.40 per square
foot, these units fall under the City's low income
housing price guidelines and therefore must be deed
restricted to maintain prices under the low income
guidelines for a five year period.
The Planning Office recommends the approval of the
request for subdivision exception for the purpose of
condominiumization subject to the following conditions~
1. The applicant agrees to comply with the require-
ments of Section 20-22 of the code including:
a) the units are deed restricted to six months
minimum leases with only two shorter tenancies
per year;
b) the existing tenants are given written notice
of the condominiumization and they are also
given the right of first refusal in pur-
chasing their unit; and
c) the two units that have rented under the low
income housing price guidelines during the
past 18 months are deed restricted to main-
tain prices under the low income guidelines
for a five year period.
2. The applicant shall revise the condominium plat
prior to recordatioh to include the following
additions as recommended by the Engineering
Department:
a)
b)
The plat should clearly indicate the basis
for the lot line bearings shown.
The site plan should show the curb, gutter,
and sidewalk installed in the West End Street
right-of-way by the project.
For the benefit of the various owners, the
plat should indicate the sources of the
various utility services and all meter locations.
c)
Winter Haven
Page Three
December 29,
r-, ""'''-
Condo~ium - Subdivision Except~
1981
d)
e)
The fence along the westerly lot line
should be labeled as such.
The first sheet should include an index
stating the basic information contained on
each of the two sheets:
The schematic floor plans should designate
the status of the basement area as a common
element or otherwise.
f)
.
(JiclC -/<ef~r-.
~-'
CITY OF ASI'EN .
\MEMO FROM ALICE DAVIS "34 q - q <ooy
KO--Db (C) r Ke,'\+et~L LA V' ds
o lDLA-\\. c'd \It) V\ u+es
L t / (Lf 11l- oj L ~ cd'\ i + ) ~a~J';f
(J) P. C vv\.e Vll\O - ~c.-c f-
@ loY\.do, Plat
LAl'\i + I of 7'7;' 't - OLU~r OCCupl't'Cj
Uni+ 2. -'I 711 ~
UJ'\i+ 3 ""7 71e ~ - $_ , -1- ,&,
. -
2..2.,50 ~ ~
In L r () CUrl-'€. r
uJJlfC ~\.. uJU-.? Ou~pt'ed.
" :,'i1~1Ir]~lli~t~f.l-n~
;-' :,;::l'_:1~:t:_Ll..L.r.:.:J '
I ;l.'" ....
',\\ 1; ,
~: ~ r r ~; t) ~ 1QQ? f; ..
I ~; ~ '~, ..' ~j J...... ; j \ F
,I " '.l' ,
-.-.---"
,....
""
.-.,
"",..~.".
AFFIDAVIT
'ii~~1 (~.:\~---'~.
n"
\.
I
!
"
I
""
,;:<- i'~ / ,-'. <f'J (
_J
,
.,Pf:"J / .-\~\\J CO.
PLr,,\)I-'~;i";G OFFiCf
STATE OF COlORALO )
) ss
ClXJN'IY OF PI'lXIN )
(
.k
"""'}
The undersigned, being duly SWJrn upon his oath, deposes and says that:
1. His mUlE is Michael J. Fitzgerald and he is a licensed Cblorado
attorney and real estate broker; and,
2. 'That previous to the issuance of this affidavit, he issued an affidavit
with regard to the Winterhaven Condominiums and their prior use; and,
3. That all the affinnations in that affidavit are accurate and true with
the exception of the affirnation with regard to the square footage of
the three previous existing bQ-bedroom apartIrents on the property; and,
4. That the three previous existing two-bedroan apartIrents had square
footages of 711 square feet, 768 square feet, and 771 square feet
respectively; and,
5. 'I\vo of those apartIrents were rented for the rents outlined in the first
affidavit, and one was ONIler occupied.
FURTHER THE AFFIANI' SAYEI'H l'DT.
Subscribed and SWJrn to before Ire this e#J day of
1982 by MIClIAEL J. FITZGERALD. -
Witness my hand and official seal.
My caunission expires: November 26,
Address: 810 West Smuggler Ave.
Aspen, Cblorado 81611
1983
\:=~t1L
Notap" ic '..
.
.;-'~ ,I "
... _ 1 _-I
~ ,.. r'~
,-- '"
~, ,/
,
mQ (;',i1~~\I'- -~ . ~
I ,,21J~ '. I
I ..::"'L-.ll, -- I
It D~~~~81 ''.I
ASPEN I PITKIN CO
PLANNING OFFICE
~
.
AFFIDAVIT
State of Colorado)
County of Pitkin ) SS
The undersigned being first duly S\\Orn upon his oath deposes and says that:
1. He is a licensed Real Estate Broker in the state of Colorado; and
2. He represented the purchaser of lots R & S, Block 113, City and Townsite
of Aspen under a Buyer/Broker Agreerrent; and
3. At the term of closing of that sale on May 1, 1981, condominiumization
for a three unit building had been approved by the City of Aspen a110wiing
the construction of 3 two bedroom condominiUllE each having 2,000 square
feet of living area; and
4. The purchaser submitted plans for approval to the City of Aspen for
construction of three 2,000 square foot units; and
5. Subsequent to the submission of the plans but prior to issurance of a
building permit certain changes were made to the zoning and building
codes neaessi ta ting the re-design of the proposed units; and
6. Revised plans were submitted, a building permit issued and construction
comrenced on the building; and
7. The present square footage is 1825 square feet per unit; and
8. Previous tenants have inforrred rre that rent for two of the previous
two bedroom units ranged from $700 to $800 per llDnth plus utilities
and that one unit was occupied by the previous owner.
,
Further the affiant saith not
Subscribed and sworn to before rre
Fitzgerald.
Witness my hand and offical seal
My comnission expires: July 28,
this 28th day of December, 1981 by Michael J.
1983
,} :",l/}/l \~C~
\'" '-/
,\\1....( :
Address: 843 Cerretary Lane
Aspen, m 81611
'1" :
...; ., -,.
,
.""''',
MEMORANDUM
TO: Alice Davis, Planning Office
FROM:
Jay Hammond, Engineering Department ~
December 23, 1981
DATE:
RE:
Winterhaven Condominium Revised Plat, Lots Rand S,
Block 113, O.A.T.
---------------------------------------------------------------
Havingreviewedthe above condominium plat and made a site inspection,
the Engineering Department has the following comments:
The plat as submitted is essentially complete and sufficient for
Council approval. Prior to submission of two mylar sets for
recordation, however, the following items should be addressed:
1. The plat should clearly indicate the basis for the lot
line bearings shown.
2. The site plan should show the curb, gutter, and sidewalk
installed in the West End Street Right-of-Way by the project.
3. For the benefit of the various owners, the plat should
indicate the sources of the various utility services and all meter
locations.
4. The fence along the westerly lot line should be labeled
as such.
5. The first sheet should include an index stating the basic
information contained on each of the two sheets.
6. The schematic floor plans should designate the status of
the basement area as a common element or otherwise.
7. Plat approval by the City Council should include a
signature by the mayor with attestation by the City Clerk.
JH/co
#"....
.'.,"....
",""II'
GARY A. WRIGHT
....,"
ATTORNEY AT LAW
201 NORTH MILL STREET, SUITE 106
ASPEN. COLORADO 81611
TELEPHONE 303-925-5627
10 December 1981
Mr. Alan Richman
Planning Department
City of Aspen
130 S. Galena Street
Aspen, Colorado 81611
HAND DELIVERED
Re: Reconstruction of Winter Haven Condominiums
located at 525 S. West End Street
Dear Alan:
Thank you for working me into your busy schedule on Tuesday, 8
December 1981. I am grateful for the help you have provided and I
am optimistic that by working together we will be able to expedite
the process of complying with the City of Aspen regulations for
filing an amended plat map.
Pursuant to Aspen Code S20-20(c), I have enclosed a check from my
trust account in the amount of $50.00.
Pursuant to S20-19 and S20-20, I am hereby applying in behalf of my
clients, Frank J. McGuire and John W. Ryan, Jr., for exception to
subdivision regulations pursuant to S20-21. I would respectfully
request that this application be promptly submitted to and
considered by the Planning Commission. Pursuant to S20-19, I
request the change in the plat map for Winter Haven Condominiums be
approved under subdivision regulations of the City of Aspen and the
plat map change be excepted from all requirements and provisions of
the subdivision regulations, other than the requirements listed
below; upon the successful completion of which the City shall
certify compliance with the subdivision regulations on the amended
plat map for the Winter Haven Condominiums to be filed in the
records of the Clerk and Recorder of pitkin County, Colorado:
(1) payment of $50.00 required by S20-20(c);
(2) submission of copies of an amended plat map for
Winter Haven Condominiu~which map shows all improvements and
contains a proper surveyor's certificate;
(3) submission of this letter of application addressing the
issues of S20-19 through S20-22;
~-
/""'-
,...,/
"
Mr. Alan Richman
10 December 1981
Page Two
(4) approval of the proposed change in the plat map by the
Planning & Zoning Commission of the City,
(5) approval of the proposed change in the plat map by the
City Council,
(6) approval of the proposed change in the plat map by the
City Engineering Department,
(7) submission of two mylar copies of a final amended plat map
for winter Haven Condominiums together with a filing fee to the
Clerk and Recorder in the amount of $10.00.
I would like to provide some background for the benefit of all
concerned. The Winter Haven Condominiums were created in 1978 when
Nick Heller filed the Condominium Declarations for the Winter Haven
Condominiums (Book 353, Page 134). A statement of exemption from
the definition of subdivision was executed by Stacy Stanley, III,
as Mayor, on the 27 day of June, 1978, and is now recorded (Book
353 at Page 132). Pursuant to paragraph 25(e), Page 12, of the
Declaration, the present owners agreed that the project was
obsolete and adopted a plan for the renewal and reconstruction,
which plan was approved as required. Subsequently, plans were
submitted to the Building Department, approved and a building
permit issued. As a result of substantial expense by the owners of
the condominiums, the old pan abode structure was removed and a
modern custom-designed project is in its place. The Condominium
Declaration will remain as filed. The plat map requires amendment
and it is proposed that it be amended consistent with the proposed
amended plat map submitted herewith.
Pursuant to S20-19, it is respectfully requested that an exception
is appropriate for the following reasons: (1) Statement of
exemption from the definition of subdivision was previously granted
for a similar structure at the same location, said exemption
recorded Book 353, Page 132, (2) to deny the exception would
deprive the applicant of the reasonable use of his land, e.g., it
was purchased as three condominiums and it has been renovated as
three condominiums, (3) the exception is necessary for the
preservation and enjoyment of the substantial property right of the
applicant, e.g., continued rights and benefits of ownership of
three condominium units, (4) the granting of the exception will not
be detrimental of the public welfare or injurious to other property
in the area which the subject property is situated, e.g., on the
#"
"..~. ...
""<'
Mr. Alan Richman
10 December 1981
Page Three
contrary it will be beneficial in that the applicant has replaced
an inferior quality condominium project with one of superior
quality.
To the extent that S20-20 to condominiumization applies, S20-22(a):
before the applicant purchased the property, all tenants were given
written notice and the option to purchase their units. In the
spring of 1981 after the tenants had elected not to purchase their
unit and voluntarily relocated, the existing structure was
demolished. Section 20-22(b): the winter Haven Condominiums are
already subject to this restriction pursuant to the exception given
by Stacy Stanley, III, in 1978. Section 20-22(c): applies only to
the extent that the pre-existing structure was in fact three
condominiums and was owner occupied or rented as such by the
tenants.
Please review this application as appropriate and promptly request
any additional information you may require.
I remain at your disposal and will work in cooperation with your
office as necessary to expedite my client's obtaining the necessary
approvals.
Sincerely,
Gary A. Wr
GAW/pk:A/5
Enclosures
cc: Frank J. McGuire
Carmen pino, Esquire
-
....'"
GARY A. WRIGHT
ATTORNEY AT lAW
201 NORTH MILL STREET, SUITE 106
ASPEN. COLORADO 81811
-.
.J
TELEPHONE 303-925-5627
10 December 1981
Mr. Alan Richman
Planning Department
City of Aspen
130 S. Galena Street
Aspen, Colorado 81611
HAND DELIVERED
Re: Reconstruction of Winter Haven Condominiums
located at 525 S. West End Street
Dear Alan:
Thank you for working me into your busy schedule on Tuesday, 8
December 1981. I am grateful for the help you have provided and I
am optimistic that by working together we will be able to expedite
the process of complying with the City of Aspen regulations for
filing an amended plat map.
I
Pursuant to Aspen Code 520-20(c), I have enclosed a check from my
trust account in the amount of $50.00.
Pursuant to 520-19 and 520-20, I am hereby applying in behalf of my
clients, Frank J. McGuire and John W. Ryan, Jr., for exception to
subdivision regulations pursuant to 520-21. I would respectfully
request that this application be promptly submitted to and
considered by the Planning Commission. Pursuant to 520-19, I
request the change in the plat map for Winter Haven Condominiums be
approved under subdivision regulations of the City of Aspen and the
plat map change be excepted from all requirements and provisions of
the subdivision regulations, other than the requirements listed
below; upon the successful completion of which the City shall
certify compliance with the subdivision regulations on the amended
plat map for the Winter Haven Condominiums to be filed in the
records of the Clerk and Recorder of Pitkin County, Colorado:
(1) payment of $50.00 required by 520-20(c);
(2) submission of copies of an amended plat map for
Winter Haven Condominiums, which map shows all improvements and
contains a proper surveyor's certificate;
(3) submission of this letter of application addressing the
issues of 520-19 through 520-22;
,....
'-"
",",
,"./11
Mr. Alan Richman
10 December 1981
Page Two
(4) approval of the proposed change in the plat map by the
Planning & Zoning Commission of the City:
( 5) approval of the proposed change in the plat map by the
City Council :
(6) approval of the proposed change in the plat map by the
City Engineering Department:
(7) submission of two mylar copies of a final amended plat map
for Winter Haven Condominiums together with a filing fee to the
Clerk and Recorder in the amount of $10.00.
I would like to provide some background for the benefit of all
concerned. The Winter Haven Condominiums were created in 1978 when
Nick Heller filed the Condominium Declarations for the Winter Haven
Condominiums (Book 353, Page 134). A statement of exemption from
the definition of subdivision was executed by Stacy Stanley, III,
as Mayor, on the 27 day of June, 1978, and is now recorded (Book
353 at Page 132). Pursuant to Paragraph 25(e), Page 12, of the
Declaration, the present owners agreed that the project was
obsolete and adopted a plan for the renewal and reconstruction,
which plan was approved as required. Subsequently, plans were
submitted to the Building Department, approved and a building
permit issued. As a result of substantial expense by the owners of
the condominiums, the old panabode structure was removed and a
modern custom-designed project is in its place. The Condominium
Declaration will remain as filed. The plat map requires amendment
and it is proposed that it be amended consistent with the proposed
amended plat map submitted herewith.
Pursuant to 520-19, it is respectfully requested that an exception
is appropriate for the following reasons: (1) Statement of
exemption from the definition of subdivision was previously granted
for a similar structure at the same location, said exemption
recorded Book 353, Page 132: (2) to deny the exception would
deprive the applicant of the reasonable use of his land, e.g., it
was purchased as three condominiums and it has been renovated as
three condominiums: (3) the exception is necessary for the
preservation and enjoyment of the substantial property right of the
applicant, e.g., continued rights and benefits of ownership of
three condominium units: (4) the granting of the exception will not
be detrimental of the public welfare or injurious to other property
in the area which the subject property is situated, e.g., on the
c
'"""I
,..,1
Mr. Alan Richman
10 December 1981
Page Three
contrary it will be beneficial in that the applicant has replaced
an inferior quality condominium project with one of superior
quality.
To the extent that S20-20 to condominiumization applies, S20-22(a):
before the applicant purchased the property, all tenants were given
written notice and the option to purchase their units. In the
spring of 1981 after the tenants had elected not to purchase their
unit and voluntarily relocated, the existing structure was
demolished. Section 20-22(b): the Winter Haven Condominiums are
already subject to this restriction pursuant to the exception given
by Stacy Stanley, III, in 1978. Section 20-22(c): applies only to
the extent that the pre-existing structure was in fact three
condominiums and was owner occupied or rented as such by the
tenants.
Please review this application as appropriate and promptly request
any additional information you may require.
I remain at your disposal and will work in cooperation with your
office as pecessary to expedite my client's obtaining the necessary
approvals.
Sincerely,
Gary A. Wr
GAW/pk:A/5
Enclosures
cc: Frank J. McGuire
Carmen Pino, Esquire
~
l'
;!>~()"':3:
[I) Wt-'.......t1
'OOrtlll'
$ '<:;:l
;:l CJ:l ;:l;!>
.. . 01-'.......
Hl;:llll
() G'l <.Q;:l
o Ill;!>
........cnCl~
o $ '0 $ .....
t1 ;:l $ '0 ()
Illlll;:llll;:l"
0. t1S
o CJ:l (1' III
(1' S;:l
t1 $
00$ ;:l
~$ rt
",(1'
~
~
~~ ~
"':xl ..-
m-< ==
.Z I:!:j-<
()"~
O;::~ >-
r- r z'
O",m ~
:xl-<~
>:xl>
om-4..,.
O~~ ~
"" ~ =
C;;~ ~
::::~
o
'"
::Il
~
Cl
Cl
t'l
I:"
H
<:
t'l
~
t'l
Cl
--
......,
.Aspen/Pitkin PlaKHlihlg Office
130 SO!lC.l g;'ilenH street
aspen, eolorado 81611
MEMORANDur~
TO: Paul Taddune, City Attorney
City Engineering Department
Fire Marshall/Building Department
FROM: Alice Davis,Planning Office
RE: Winterhaven Condominiums - Subdivision Exception
DATE: December 11, 1981
Attached is an application for a Subd~vision Exception submitted
by Frank J. Mcguire and John W. Ryan, Jr for property ~cated at
525 S. West End Street in the City of Aspen. Please review and
return any comments to me no 1 ater than Tuesday, December 22. 1981.
Thi s item 'i s tentati vely schedul ed for the January-5, 1982'Ci ty
Planning and Zoning Commission meeting.
Thank you for your assistance.
","
Ct11'vIMITMENT FOR TITLE INSURAN......
ISSUED BY
Transamerica Title Insurance Company
TOTALS
PREMIUM
$ 610.38 REISSUE
$
$
$
$
$
r
.,
AMOUNT
OWNER $ 540.000.00
MORTGAGE $
ADDITIONAL CHARGES
COST OF TAX CERTIFICATE
SURVEY COSTS
THE FITZGERALD R!':AL EsrATE co.
520 E. CXlOPER
ASPEN. COLORAOO 81611
A'ITN: lUKE FITZGERALD
5.00
L
..J
Your Reference OJW}1I\N TRUST
CC's To:
No. 7301990
C-2
Sheet 1 of_
COMMITMENT TO INSURE
Transamerica Title Insurance Company, a California corporation, herein called the Company, for a
valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Schedule A, in favor of the proposed insured named in Schedule A, as owner or mortgagee of the estate or
interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums
and charges therefor; all subject to the provisions of Schedules A and B and to the conditions and stipula-
tions attached.
Customer Contact:
Phone:
VB
925-1766
By VINCENT J. HIGENS
AUTHORIZED SIGNATURE
The effective date of this commitment is
At which time fee title was vested in:
DECEMBER 10
,I9~at <\.20 p.M.
FRANK J. M::GUIRE AND JOHN VI. RYAN. JR.. as tenants in ccmron
SCHEDULE A
1. Policies to be issued:
(A) Owners':
TIIF. ALFED DREYFUS CDLDI'Wol REVOCABL.": LIVING ~UST
(B) Mortgagee's:
Tl'ansamel'lca Title Insul'ance Company
DELIVER 'TO:
AL RICHMOND
ATI'ENTION: _
,r A 8...... o(
, ............... c......_
fI"~'"
,
-
',","""
SCHEDULE A-Continued
2. Covering the Land in the State of Colorado, County of PITKIN
Described as:
TOP FLCOR UNIT ,
WINI'ERHAVEN mNOOMINIUMS, a=rding to the Condominium Map
thereof filed for re=rd in the Office of the County Clerk and
re=rded of pitkin County in Map BoOk at Page , and as
defined and described in the Condominium Declaration for
Winterhaven Condominium recorded in Book_at Page_.
NOTE: THE ABOVE LEGI\L DESCRIPI'ION WILL BE AMENDED ACXXlRDINGLY WHEN THE
CONIXMINIUM OOCUt-lENTS ARE FILED !'OR RECORD.
,"',,"
';,. ;#
SCHEDULE A-Continued
REQUIREMENTS
3. The following are the requirements to be complied with prior to the issuance of said policy or policies.
Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule
B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of clerk
and recorder of the county in which said property is located.
A. Copy of the Signed Condominium Map pursuant to the Condominium CMnership
act of Colorado must be submitted to Transarrerica Title Insurance Carpany
prior to recordation for approval of inhouse legal =unsel for insurance
purposes.
B. Signed ropy of the Condominium Declaration pursuant to the Condominium
Act of Colorado must be submitted to Transarrerica Title Insurance Canpany
prior to recordation for inhouse legal =unsel approval.
I
Release, by the Public Trustee of the,
Deed of Trust from: Nicholas Federick Heller
to the Public Trustee of the County of pitkin
for the use of Aspen Savings and Loan Association
to secure $82,912.11
dated August 31, 1977
recorded Septerrber 6, 1977 in Book 334 at Page 629.
,
\1\,
) ~,~'tJ
D. Release, by the Public Trustee of the,
Deed of Trust from: Frank j. McGuire and John W. Ryan Jr.
to the Public Trustee of the County of pitkin
for the use of Nicholan Federick Heller
to secure $180,000.00
dated ~lay 1, 1981
recorded May 1, 1981 in Book 407 at Page 912.
E. Deed from Frank J. McGuire and John W. Ryan Jr. to The Alfred Dreyfus Goldman
Revocable Living Trust.
F. Copy of The Trust Agreerrent must be delivered to Transamerica Title Insurance
Canpany to be retained in its files.
"'...
.......
.... ,
, /
SCHEDULE B
THE POLICY OR POLICIES TO BE ISSUED HEREUNDER WILL NOT INSURE AGAINST:
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, im-
posed by law and not shown by the public records.
5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer
service, or for any other special taxing district.
6. Reservations 'and Exceptions as =ntained in the United States Patent,
Ccnnon to the City and TCMnSite of Aspen reoorded March 1,'1897 in Book
139 at Page 216.
7. Any and All minerals rights as granted in inst.ruIrent re=rded in Book 92
at Page 104.
8. Easerrents, licenses, rights, or rights of way for pipelines, pole and wire
lines, roads, dithces, or otherwise, upon, along, over, or across the subject
property as reserved in instrument re=rded Harch 6, 1952 in Book 180 at Page
3.
9. Restrictions which do (do not) =ntain a forfeiture or reverter clause, but
omitting restrictions if any based on race, =lor, religion or nabional origin
as oontained in the Condominium Declaration for Winterhaven Condominium re=rded
in Book _at Page _
10. Easerrents as sh= on the reoorded Plat of Winterhaven Conclominiurrs re=rded
in plat Book_at page_
NOl'E .
Transamerica Title Ins. Co.
exceptions upon reciept of
A, Requirerrents.
rese:rves the right to add requirement and/or
the Condominium Docurrents required in Schedule
'-'""
...
,.,Ii
" ~
Transamerica Title Insurance Company
Arapahoe. Doullas
2000 W.sf lI"l.fo" loul....ard
lI"l.fOll. Colorado 10120
(3031 795.4000
Larimer
151 W..f Mountoln A....".,.
lox 1100
fort Colli".. Colorodo 10522
13031493.6.464
D.nver - Adami
1800 lowrenc. $1,..'
O'n....r. Colorado 80202
13031 629.4800
M....
531 Rood A','eMU'"
Grand Juncllon. Colorado 81501
13031 2.42.8234
Boulder
1317$pruUl $I,..t
lould.r. Colorado 80302
1303) <<3.7160
Pitkin
530 Eosf Main $t,..,
Alpen. Colorado 81611
(3031 925-1766
Ealle
lOB Soulh Fron'og. load
lox 1700
Vall. Colorado 81657
(3031629-.4956
Pueblo
627 North Main $.,...,
PlHtblo. Colorodo 81003
1303) 543-0.451
EI Pal.
418 Soufh W.~r S'"",
Colorado Sprlnll, Colorado 80903
(303) 634-3731
Routt - Jackson
507 lIncoln $1,...
lox 713568
Steambool $prlngl. Colorodo 80471
(303) 879_1611
J.fferson
1615 Con St,..1
lak.wood, Colorado 80215
(303) 231.2800
Weld
918 T.nfh Sf,...1
G....I.y. Colorado 10631
1303) 352.2283
,r
Transamenca
Title ServtceS
CONDITIONS AND STIPULATIONS
Please read carefully
1. This is a Commitment to issue one or more policies of title insurance in our Standard Form when the
requirements set forth in the Commitment have been satisfied. The policy is available and should be
examined before this Commitment is used if there is any question about coverage.
2. Only the policies shown are committed to. If there are any changes in the transaction, order an
amendment from us.
3. The date on this Commitment is important. Nothing after that date has been considered by us.
4. This Commitment is good for 6 months only. Extensions should be ordered from us if they are
needed.
MEMORANDUM
DATE:
December 21, 1981
TO:
Alice Davis 6'
Paul Taddune \
FROM:
RE:
Winterhaven Condominiums - Subdivision Exception
As you know, Section 20-19 allows for the granting of an exception
only if the P&Z finds:
1. That there are special circumstances or conditions affecting
the subject property such that the strict application of the
subdivision regulations for which exception is sought would
deprive applicant of reasonable use of his land, and
2. The exception is necessary for the preservation and enjoyment
of a substantial property right of the applicant; and
3. Granting the exception will not be detrimental to the public
welfare or injurious to other property in the area in which
the subject property is situated.
These findings must be made with respect to the impact of the
requirements of Section 20-21 on the applicant.
As an aside, if the City granted an "exemption" as opposed to an
exception, the applicant could make a strong argument that the
subdivii2.ion regulations have no application to this project. In
light of this potential consequence, the granting of an exemption
was probably in error.
PJT:mc
--
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen. Colorado 81611
LAND USE APPLICATION FEES
County
00100 - 63711 09009 - 00000
63712
63713
63714
63715
63716
63717
City
00100 - 63721
63722
63723
63724
63725
63726
Subdivision/PUD
Special Review
P&Z Review Only
Detailed Review
Final Plat
Special Approval
Specially Assigned
09009 - 00000 Conceptual Application
Preliminary Application
Final Application
..Jubt:i, i:trfphExemption
Rezoning
Conditional Use
PLANNING OFFICE SALES
00100 - 63061 09009 - 00000
63062
63063
County Land Use Sales
GMP Sales
Almanac Sales
Copy Fees
Other
Name:\t\J,'IT'oik. f-JAV~ (ro.,/rYi
" ',(~!-{.;rTN T/d.J.:;r
Address: ~ i ~/ MII-'- S r
Check No. r,,, "" '1 (",
Receipt No. P
Project~
-
50
C) ~~
',i ;,(f,(: yl"
Phone:
91.5. 5~27
Date:
f.J../ 1 / g !
I i