Loading...
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