HomeMy WebLinkAboutcoa.lu.ex.Abels, J.E., Lots A,B,C 218 N. Monarch
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Recorded at 4:01PM June 18, 1981 ~'''etta Banner, Recorder
Reception II ~ 3 3 10 a. s
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'J"41G'::156
STATEMENT OF EXEMPTION
FROM
SUBDIVISION REGULATION
(ii ;:-,X
WHEREAS,
J.E. ABELS (hereinafter referred to as
"owner") is the owner of a parcel of land located in the
City of Aspen, Pitkin County, Colorado, more particularly
described as the northerly thirty-eight feet of Lots A, B, and
C, Block 78, City and Townsite of Aspen, together with all
that portion of vacated Hallam Street lying northerly of the
said lots, easterly of the east line of north Monarch Street,
and southwesterly of line 4-5 of the City and Townsite of Aspen,
on which there is situate an existing duplex, and
WHEREAS, owner has requested an exemption from subdivision
regulation for the purpose of subdividing the existing duplex
through condominiumization, and
WHEREAS, the Aspen Planning and Zoning Commission, at
its meeting held on the 16th day of September, 1980,
determined that an exemption from subdivision regulation is
appropriate and recommended that the same be granted, and
WHEREAS, the City Council of Aspen, Colorado, has
determined that the subdivision of the existing duplex through
condominiumization is not within the intents and purposes of
the subdivision ordinance set forth in Chapter 20 of the
Aspen Municipal Code,
NOW, THEREFORE, the City Council of Aspen, Colorado,
does hereby determine that the proposed subdivision of the
duplex located on the northerly thirty-eight feet of Lots A,
Band C, Block 78, City and Townsite of Aspen, together with all
that portion of vacated Hallam Street lying northerly of the said
lots, easterly of the east line of north Monarch Street, and
southwesterly of line 4-5 of the City and Townsite of Aspen,
jUU~410 "!c~157
City of Aspen, Pitkin County, Colorado, by its condominiumization
is not within the intents and purposes of the subdivision
ordinance and does, for such reason, grant an exemption from
the regulation of such action subject to the following:
1. Any existing tenant shall be given written
notice in the event that tenant's unit is offered for sale,
which notice shall specify the sales price. Each tenant
shall have an exclusive non assignable right for the ninety
(90) days following the tenant's receipt of the notice to
purchase his/her unit at the price specified in the notice.
2. Each tenant shall have a ninety (90) day
exclusive non assignable right of first refusal to purchase
his/her unit, which shall commence when a bona fide offer is
made by a third person and accepted by the owner and notice
of the offer and acceptance and a copy thereof have been
delivered to the tenant.
In the event this notice of offer
and acceptance is delivered to the tenant while the ninety
(90) day right set forth in paragraph one (Ill) above is
still in effect, the tenant may purchase the unit for the
amount of the initial specified sales price or the amount of
the bona fide offer, whichever is less.
3. Each unit of the duplex shall be restricted
to six (6) month minimum leases with no more than two (2)
shorter tenancies per year.
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Dated this 13th day of May
Attest:
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The undersigned owner hereby agrees to the provisions
contained above in this Statement of Exemption from Subdivision
Regulation and further agrees to join a sidewalk improvement
district in the event one is formed affecting the property and
to comply with the requirements of ~24-4.5 of the Aspen City
Code regarding on-site parking in the event new construction
is proposed.
STATE OF COLORADO
ss.
COUNTY OF PITKIN
Acknowledged, subscribed and sworn to before me this
!O+"'-- day of FebrvtU(f ,1981, by J.E. ABELS.
Witness my hand and official seal.
My commission expires: 7/7 If";
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Cit,/ r.:f .A~F~n, Colorado
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BUILDING PERMIT
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This Permit exp;res~ -._____ __ ________ UO_ _ from
dote of issuanco unless extended olherwise FInd
gronts permis:;;on only for the work indicated bolow.
Extended 10- ._...._.-..~-..
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Type of Const.
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Intended Use and Pllrpo'e !l';]'II"::,UOR r. Re'lll').iel ,r ~f"JJ.1H~
~LiVing Units--.Jo...::hai~"4W')-- No. of Room~.>-~~_ No. of Baths--.':".:l -;
Size ~:i,,:.ir.;; "'~FUtMig,~Addl1 _ ;::.,..rt) Width-1<\' Length 1:\' Sq..Ft.~9ll
Basement J~rB .'dOll n~ 1:Ihnvr&arage
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REMARKS:
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s,gn\ t,.. <J /1 '<:"':';;l~Nri INSPE~;O'~
APPLY FOR CERTIFICATES OF OCCUPANCY BEFORE OCCUPYINb'-S'TRUCTURE:
CALL FOR INSPECTIONS AS REQUIRED:
For all work done under this permit the permittee accepts full
.nd .11 other applicable Aspen Ordinances.
Signed
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LAW OFFICES
GIDEON I. KAUFMAN
BOX 1000'
611 WEST MAIN STREET
ASPEN. COLORADO 81611
DAVID G. EISENSTEIN
May 8, 1980
TELEPHONE
AREA CODE 303
925-8166
GIDEON I. KAUFMAN
Mr. Sunny Vann
Aspen Planning Office
City of Aspen
130 South Galena
Aspen, CO 81611
Re: Abels - Northerly 38 feet of Lots A, Band C, Block 78
City and Townsite of Aspen, together with all that
portion of vacated Hallam Street lying northerly of
said lots, easterly of the east line of North Monarch
Street and southwesterly of Line 4-5 of the City and
Townsite of Aspen, County of Pitkin, State of Colorado
Dear Sunny,
This letter addresses Ordinance 39 compliance for
Jim Abels for the exemption from subdivision regulations with
respect to the above described real property.
The property referred to herein has the following
rental history: The upper dwelling unit in the house, con-
taining approximately 1,400 square feet, was owner occupied
by Robert Marsh from 1950 to the date Mr. Abels purchased it.
Since then, Mr. Abels has resided in the unit except for
short-term rental. There exists in the house an apartment
unit of approximately 475 square feet. It was rented for
two hundred fifty dollars ($250.00) per month plus maintenance
operations. It is presently being rented for three hundred
fifty dollars ($350.00) a month, both of which are well above
the guidelines.
Should you have any questions, I am more than happy
to discuss them with you.
Very truly yours,
COPY = GIDEON KAUfMAN'
Gideon Kaufman
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MEMORANDUM
TO: SUNNY VANN, PLANNING OFFICE
FROM: FRITZ BRUGGEMEIER, ENGINEERING DEPARTMENT 1f)
DATE: MARCH 10, 1980
RE: ABELS SUBDIVISION EXEHPTION
After ha i eviewed the survey plat for the above
subdivisi exemption and having made a site inspec-
tion the gineering Department recommends denial of
exemptio fr bdivision. The reason being this
propert sorts a non - conforming structure and as
per s 20-9c f the Aspen Municipal Code "no sub-
divi' hall be approved which includes elements not
in c 0 mance w h the provisions of any applicable
zoning 0 dinanc ..."
The non - con rming structure, a duplex, is on a 7395
+ square f lot in an R-6 zone. According to the area
and bulk requirements of the Aspen Municipal Code, a
9000 square foot lot is required in an R-6 zone inorder
to support a duplex.
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APPLICATION FOR EXEMPTION
FROM
SUBDIVISION REGULATIONS
Request is hereby made on behalf of J. E. ABELS
(hereinafter referred to as "applicant") under S20-19 (a) of
the Aspen, Coiorado, subdivision regulations for an exemption
from the definition of the term "subdivision" with respect to
real property described as the northerly 38 feet of Lots A, B
and C, Block 78, CITY AND TOWNSITE OF ASPEN, together with all thai
portion of vacated Hallam Street lying northerly of said lots,
easterly of the east line of North Monarch Street and southwest-
erly of Line 4-5 of the City and Townsite of Aspen, County of
Pitkin, State of Colorado.
An exemption in this _:~~: _ w~~ld b~.aI?p.::o~riate.
I The
structure.
application involves subdivision of an existing
Requiring strict compliance with subdivision regu-
lations for the subdivision of a lot with a duplex
on it
creates conditions which will deprive the applicant of reason-
able use of land. If an exemption is granted, owners of the
property will have a common interest in the land; and there
will be either a condominium declaration or use and occupancy
.
agreement applicable to the property which will not in any way
increase the land use impact of the property. An exemption in
this case will not conflict with the intent and purpose of the
subdivision regulations which are directed to assist the
orderly, efficient and integrated development of the City of
Aspen, to ensure the proper distribution of population, to
coordinate the need for public services and to encourage well
planned subdivisions.
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The granting of this application will not undermine the
intent of the subdivision regulations, as it is clearly within
the area intended for exemption under~20~l9. The building is
already in existence; there will be no change in the density
which is presently in line with the prescribed population
density for the property.
A follow-uP letter addressing Ordinance 39 compliance
will be delivered shortly.
The applicant would appreciate your'con~ideration of
this application at your next regular meeting.
Dated: February 6, 1980.
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ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen. Colorado 81611
lANO USE APPLICATION FEES
County
00100 -
63711
63712
63713
63714
63715
63716
63717
09009 - 00000
City
00100 - 63721 09009 - 00000
63722
63723
63724
63725
63726
PLANNING OFFICE SALES
00100 - 63061 09009 - 00000
63062
63063
Nam.1:im Abels
~.o. <lox 4JI'7
Aspe'1, CO
Address:
Subdivision(PUD
Special Review
P&Z Review Only
Detailed Review
Final Plat
Special Approval
Specially Assigned
Conceptual Application
Preliminary Application
Final Application
Exemption
Rezoning
Conditional Use
County land Use Sales
GMP Sales
Almanac Sales
Copy Fe..
Other
Project: Abe 1 s
Phone:
925-<>333
Check No 82-1fi4
Receipt No. P
PAID
2112/80
Date:
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CITY OF ASc EN ~
MEMO FROM SUNNY V ANN -
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MEMO FROM KATHLEEN McCORMICK
CITY OF ASPEN ..
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ptv\n\ \- ~ $e... fw -\k. ~ Imi r} +~h 4~
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GIDEON l. KAUFMAN
QAVID G. EISENSTEIN
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LAW OFFICES
GIDEON I. KAUFMAN
BOX 10001
.'1 WEST MAIN STREET
ASPEN. COLORADO 8161 ,
February 8, 1980
TELEPHONE
AREA CODE 303
82$-8' 68
Mr. Sunny Vann
Aspen Planning Office
City of Aspen
130 South Galena
Aspen, Colorado 81611
Re: Abels - Northerly 38 feet of Lots A, Band C, Block 78,
City and Townsite of Aspen, together with all that
portion of vacated Hallam Street lying northerly of
said lots, easterly of the east line of North Monarch
Street and southwesterly of Line 4-5 of the City and
Townsite of Aspen, County of Pitkin, State of Colorado
Dear Sunny,
This letter addresses Ordinance 39 compliance
for Jim Abels for the exemption from subdivision regulations
with respect to the above described real property.
The property referred to herein has the following
rental history: The upper dwelling unit in the house,
containing approximately 1,400 square feet, was owner
occupied by Robert Marsh from 1950 to the date Mr. Abels
purchased it. Since then, Mr. Abels has resided in the
unit except for short-term rental. There exists in the
house an apartment unit of approximately 475 square
feet. It was rented for two hundred fifty dollars ($250.00)
per month plus maintenance operations. It is presently
being rented for three hundred fifty dollars ($350.00) a
month, both of which are well above the guidelines.
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Mr. Sunny Vann
February 8, 1980
Page two
Mr. Abels intends to add another dwelling unit to
the property which will be the mirror image of the existing
structure, convert the existing small apartment into the
basement for the existing structure and to transfer the
condominiumization to that new dwelling unit when such has
been accomplished, thereby making any price restriction
untenable.
Should you have any questions, I am more than
happy to discuss them with you.
Very truly yours,
j/J-- fd-
Gideon Kaufman
GK ch
LAW OFFICES
GIDEON I. KAUFMAN
BOX 10001
611 WEST MAIN STREET
ASPEN. COLORADO 8161 ,
DAVID G. EISENSTEIN
May 8, 1980
TELEPHONE
AREA CODE 303
925.8166
GIDEON I. KAUFMAN
Mr. Sunny Vann
Aspen Planning Office
City of Aspen
130 South Galena
Aspen, CO 81611
Re: Abels - Northerly 38 feet of Lots A, Band C, Block 78
City and Townsite of Aspen, together with all that
portion of vacated Hallam Street lying northerly of
said lots, easterly of the east line of North Monarch
Street and southwesterly of Line 4-5 of the City and
Townsite of Aspen, County of pitkin, State of Colorado
Dear Sunny,
This letter addresses Ordinance 39 compliance for
Jim Abels for the exemption from subdivision regulations with
respect to the above described real property.
The property referred to herein has the following
rental history: The upper dwelling unit in the house, con-
taining approximately 1,400 square feet, was owner occupied
by Robert Marsh from 1950 to the date Mr. Abels purchased it.
Since then, Mr. Abels has resided in the unit except for
short-term rental. There exists in the house an apartment
unit of approximately 475 square feet. It was rented for
two hundred fifty dollars ($250.00) per month plus maintenance
operations. It is presently being rented for three hundred
fifty dollars ($350.00) a month, both of which are well above
the guidelines.
Should you have any questions, I am more than happy
to discuss them with you.
aYW~r&iioN~
Gideon Kaufman
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July 23, 1980
Mr. J.E. Abels
218 North Monarch Street
Aspen, Colorado 81611
Dear Mr. Abels,
During my years as Mayor of Aspen, there was a great
deal of West End residential restoration and remodel work.
As Mayor, I was aware that Bob Marsh's victorian house,
commonly known as Half House, underwent restoration and remodel
work including the addition of a separate living unit. When
Bob completed the work on the basement apartment, he either
rented his house or apartment and resided himself in the other
living area. It was common knowledge and accepted that
Bob Marsh had a legal duplex at the Half House located at
218 North Monarch Street.
Sincerely,
/lf~-&~/ ~,
Michael J. Garrish
N
GIDEON I. KAUFMAN
QAVIO G. EISENSTEIN
LAW OFFICES
GIDEON I. KAUFMAN
BOX tOOOl
61 t WEST MAIN STREET
ASPEN, COLORADO B 161 ,
February 8, 1980
TELEPHONE
AREA CODe 303
825.8166
Mr. Sunny Vann
Aspen Planning Office
City of Aspen
130 South Galena
Aspen, Colorado 81611
Re: Abels - Northerly 38 feet of Lots A, Band C, Block 78,
City and Townsite of Aspen, together with all that
portion of vacated Hallam Street lying northerly of
said lots, easterly of the east line of North Monarch
Street and southwesterly of Line 4-5 of the City and
Townsite of Aspen, County of Pitkin, State of Colorado
Dear Sunny,
This letter addresses Ordinance 39 compliance
for Jim Abels for the exemption from subdivision regulations
with respect to the above described real property.
The property referred to herein has the following
rental history: The upper dwelling unit in the house,
containing approximately 1,400 square feet, was owner
occupied by Robert Marsh from 1950 to the date Mr. Abels
purchased it. Since then, Mr. Abels has resided in the
unit except for short-term rental. There exists in the
house an apartment unit of approximately 475 square
feet. It was rented for two hundred fifty dollars ($250.00)
per month plus maintenance operations. It is presently
being rented for three hundred fifty dollars ($350.00) a
month, both of which are well above the guidelines.
I ~ DD <'''I n
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Mr. Sunny Vann
February 8, 1980
Page two
Mr. Abels intends to add another dwelling unit to
the property which will be the mirror image of the existing
structure, convert the existing small apartment into the
basement for the existing structure and to transfer the
condominiumization to that new dwelling unit when such has
been accomplished, thereby making any price restriction
untenable.
Should you have any questions, I am more than
happy to discuss them with you.
Very truly yours,
.j/J-- f;?-
Gideon Kaufman
GK ch
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MEMORANDUM
TO: Ron Stock, City Attorney
Dan McArthur, City Engineer
Jim Reents, City Housing Director
FROM: Sunny Vann, Planning Office
RE: Abels Subdivision Exemption
DATE: February 12, 1980
Attached please find application for subdivision exemption submitted by
Jim Abels. This item is schedule to come before the Aspen Planning and Zoning
Commission on Tuesday, March 19, 1980. Therefore, may I please have your
written comments concerning this application no later than Monday, March 10,
1980. Thank you. I
MEMORANDUM
TO: Ron Stock, City Attorney
Dan McArthur, City Engineer
FROM: Sunny Vann, Planning Office
RE: Abels Subdivision Exemption
DATE: June 16, 1980
The attached is an application for subdivision exemption, resubmitted by
Jim Abels, for his property located at 218 North Monarch. This item is
scheduled to come before Aspen Planning and Zoning Commission on July
1980; therefore, may I please have your written comments concerning this
application no later than Ju , 1980? (This application was first sub-
mitted in February, but withdrawn because of its non-conforming status.)
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1. DATE SUBMITTED:
No: 4-80
CASE LOAD SUMMARY SHEET
City of Aspen
March, 1980
STAFF: Sunny Vann
2. APPLICANT: Abels, Jim
3. REPRESENTATIVE: Gideon Kaufman - 925-8166
4. PROJECT NAME: Abels Subdivision Exemption
5. LOCATION:
6. TYPE OF APPLICATION:
Rezoning
P.U .0.
Special Review
Growth Management
HPC
l_Subdivision
Exception
_LExemption
70:30
____Stream Margin
8040 Greenline
View Plane
Conditional Use
Other
Residential Bonus
7. ReFERRALS:
---,~ttorney
__En~ineering Dept.
____Housing
,iater
City Electric
8. REVIEW REQUIREMENTS:
Sanitation District School District
__Fire Marshal ____Rocky Mtn. Nat. Gas
Parks ___State Highway Dept.
Holy Cross Electric __Other
Mountain Bell
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9. DISPOSITION:
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Approved /
Denied
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1. The revision and resubmission of the applicant's improvement
survey to include a proper legal description and the location
of all areas in excess of thirty degrees slope on the easterly____
end of the lot.
2. The owner/applicant agreeing to join a sidewalk improvement
district in the event o~e is formed.
3. The owner/applicant agreeing to comply with the requirements
of Section 24-4.5 regarding on-site parking in the event new
construction is proposed.
Council--'y_ Approved J Denied Date '\:x...l,o~ '~'ir
10. ROUTING:
_/ Attorney
~BUi1ding
IEngineering
Other
TO: Aspen Planning and Zoning Commission
Aspen City Council
FROM: Sunny Vann, Planning Office
RE: Abels Subdivision Exemption
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MEMORANDUM
DATE: September g, 1980
APPROVED AS TO FORM: ~
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Zoning:
Location:
Lot Size:
Rental History:
Engineering
Comments:
Attorney's
Comments:
Housing
Director's
Comments:
Planning
Office
Recommendation:
R-6, Residential
218 N. Monarch (Northerly 38 feet of Lots A, Band C, Block 78,
City and Townsite of Aspen, together with all that portion of
vacated Hallam Street lying northerly of the said lots, easterly
of the east line of North Monarch Street, and southwesterly of
line 4-5 of the City and Townsite of Aspen, County of Pitkin,
State of Colorado)
Approximately 7,400 square feet
The upper dwelling unit consists of approximately 1,400 square
feet and has been owner-occupied since 1950. The lower dwelling
unit, which contains approximately 475 square feet and currently
rents for $350 per month, falls outside the City's low, moderate
and middle income guidelines.
The Engineering Department recommends approval subject to:
1. The revision and resubmission of the applicant's improvement
survey to include a proper legal description and the location
of all areas in excess of thirty degrees slope on the easterly
end of the lot.
2. The owner/applicant agreeing to join a sidewalk improvement
district in the event one is formed.
3. The owner/applicant agreeing to comply with the requirements
of Section 24-4.5 regarding on-site parking in the event new
construction is proposed.
Should the applicant's request for subdivision exemption be
granted, it should be conditioned upon compliance with the
notice and option provisions and six-month minimum lease res-
trictions of Section 20-22.
No comment.
The Planning Office recommends approval of the applicant's
request for subdivision exemption for purposes of condomin-
iumization subject to the following:
1. The applicant complying with the notice and option and six-
month minimum lease restrictions of Section 20-22 of the
Municipal Code,
2. The applicant complying with the stipulations outlined in
the Engineering Department's memorandum dated September 4, 1980
and quoted above.
P & Z
Recommendation: Concurred with the Planning Office recommendation.
LAW OFFICES
GIDEON I. KAUFMAN
BOX 10001
611 WEST MAIN STREET
ASPEN. COLORADO 8161 1
DAVID G. EISENSTEIN
May 8, 1980
TELEPHONE
AREA CODE 303
925-8166
GIDEON I. KAUFMAN
Mr. Sunny Vann
Aspen Planning Office
City of Aspen
130 South Galena
Aspen, CO 81611
Re: Abels - Northerly 38 feet of Lots A, Band C, Block 78
City and Townsite of Aspen, together with all that
portion of vacated Hallam Street lying northerly of
said lots, easterly of the east line of North Monarch
Street and southwesterly of Line 4-5 of the City and
Townsite of Aspen, County of Pitkin, state of Colorado
Dear Sunny,
This letter addresses Ordinance 39 compliance for
Jim Abels for the exemption from subdivision regulations with
respect to the above described real property.
The property referred to herein has the following
rental history: The upper dwelling unit in the house, con-
taining approximately 1,400 square feet, was owner occupied
by Robert Marsh from 1950 to the date Mr. Abels purchased it.
Since then, Mr. Abels has resided in the unit except for
short-term rental. There exists in the house an apartment
unit of approximately 475 square feet. It was rented for
two hundred fifty dollars ($250.00) per month plus maintenance
operations. It is presently being rented for three hundred
fifty dollars ($350.00) a month, both of which are well above
the guidelines.
Should you have any questions, I am more than happy
to discuss them with you.
V'!i:Ul
Gideon Ka
yours,
-~-.
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CITYi~ "
130 s ' .
PEN
MEMORANDUM
TO: Sunny Vann, Planning Office
FROM:
Jay Hammond, Engineering Office ~~
DATE:
September 4, 1980
RE:
Abels Subdivision Exemption, Northerly 38 Feet of Lots
a, b, and c, Block 78, and portion of Vacated Hallam
Street North of Lots.
Having reviewed the above application for subdivision exem-
ption and made a site inspection, the Engineering Department
has the following comments:
As you know, the structure is a duplex located on an
undersized (7,395 square feet) lot in an R-6 Zone. In
addition, there remains some question as to the legality of
the small downstairs apartment that would become condominiumized
by this application. Assuming a satisfactory resolution of the
above items, the Engineering Department requires the following:
1. That the owner/applicant revise and resubmit the
improvement survey to include the following:
a. A proper legal description.
b. Indicate any areas in excess of 30% slope
on easterly end of lot.
2. The owner/applicant shall agree to ]01n in a sidewalk
improvement district in the event one is formed.
3. In the event new construction is proposed, the
owner/applicant shall be required to comply with
the requirements of section 24-4.5 regarding
on-site parking.
The Engineering Department recommends approval of the Abels
Subdivision Exemption, provided the owner/applicant complies
with Conditions 1 and 2 above.
~IJ
PEN
130 s
MEMORANDUM
DATE: March 10, 1980
I
TO: Sunny Vann
FROM: Ron Stock
RE: Abels Subdivision Exemption
non-conforming
to reconunend
RWS:mc
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MEMORANDUM
TO: ~ Stock, City Attorney
Dan McArthur, City Engineer
Jim Reents, City Housing Director
FROM: Sunny Vann, Planning Office
RE: Abels Subdivision Exemption
DATE: February 12, 1980
Attached please find application for subdivision exemption submitted by
Jim Abels. This item is schedule to come before the Aspen Planning and Zoning
Commission on Tuesday, March 19, 1980. Therefore, may I please have your
written comments concerning this application no later than Monday, March 10,
1980. Thank you.
,
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LAW OFFICES
GIDEON I. KAUFMAN
BOX '0001
611 WEST MAIN STREET
ASPEN. COLORADO 81611
DAVID G. EISENSTEIN
May 8, 1980
TELEPHONE
AREA CODE 303
925-8166
GIDEON l. KAUFMAN
Mr. Sunny Vann
Aspen Planning Office
City of Aspen
130 South Galena
Aspen, CO 81611
Re: Abels - Northerly 38 feet of Lots A, Band C, Block 78
City and Townsite of Aspen, together with all that
portion of vacated Hallam Street lying northerly of
said lots, easterly of the east line of North Monarch
Street and southwesterly of Line 4-5 of the City and
Townsite of Aspen, County of Pitkin, State of Colorado
Dear Sunny,
This letter addresses Ordinance 39 compliance for
Jim Abels for the exemption from subdivision regulations with
respect to the above described real property.
The property referred to herein has the following
rental history: The upper dwelling unit in the house, con-
taining approximately 1,400 square feet, was owner occupied
by Robert Marsh from 1950 to the date Mr. Abels purchased it.
Since then, Mr. Abels has resided in the unit except for
short-term rental. There exists in the house an apartment
unit of approximately 475 square feet. It was rented for
two hundred fifty dollars ($250.00) per month plus maintenance
operations. It is presently being rented for three hundred
fifty dollars ($350.00) a month, both OI which are well above
the guidelines.
Should you have any questions, I am more than happy
to discuss them with you.
Very truly yours,
a1I'f = GIIBII MIMAN .
Gideon Kaufman
GK kw
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APPLICATION FOR EXEMPTION
FROM
SUBDIVISION REGULATIONS
Request is hereby made on behalf of J. E. ABELS
(hereinafter referred to as "applicant") under ~20-l9 (a) of
the Aspen, Colorado, subdivision regulations for an exemption
from the definition of the term "subdivision" with respect to
real property described as the northerly 38 feet of Lots A, B
and C, Block 78, CITY AND TOWNSITE OF ASPEN, together with all
!portion of vacated Hallam Street lying northerly of said lots,
thai
easterly of the east line of North Monarch Street and southwest-
erly of Line 4-5 of the City and Townsite of Aspen, County of
Pitkin, State of Colorado.
An exemption in this case would be appropriate.
I The
I structure.
application involves subdivision of an existing
Requiring strict compliance with subdivision regu-
lations for the subdivision of a lot with a duplex
on it
creates conditions which will deprive the applicant of reason-
able use of land. If an exemption is granted, owners of the
property will have a common interest in the land; and there
will be either a condominium declaration or use and occupancy
agreement applicable to the property which will not in any way
increase the land use impact of the property. An exemption in
this case will not conflict with the intent and purpose of the
subdivision regulations which are directed to assist the
orderly, efficient and integrated development of the City of
Aspen, to ensure the proper distribution of population, to
coordinate the need for public services and to encourage well
planned subdivisions.
"",",
The granting of this application will not undermine the
intent of the subdivision regulations, as it is clearly within
the area intended for exemption under "~20~19. The building is
already in existence; there will be no change in the density
which is presently in line with the prescribed population
density for the property.
A follow-up letter addressing Ordinance 39 compliance
will be delivered shortly.
The applicant would appreciate your consideration of
this application at your next regular meeting.
Dated: February 6, 1980.
I,
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i" i en Y OF :',,'. ,J - CO~!iTY OF PIT"':;i J. COLORADO
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W"'N '''j, 0 AND V~"OAI,U BY ''''''01''0. 'NA"l "ON DlP""""NT ld" <'["Mil AOIHOHIlE> THE WOH" D"CHlOLD BELOW
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CLASS OF WOi:K:
"";.=-0=,'0"_
OWNER
NAME Bob
NEW 0
ADDITION r:z
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~.
ALTERATION 0
REPAIR 0
MOVE 0
WRECK 0
Marsh
ADDRESS
Box
378
LICENSE
CLASS
AspeflHONE 925
LICENSE
NUMBER
7539
ADDRESS
SUPERVISOR
FOR THIS JOB
lEGn
IDESCRIPTION
SURVEY
BY
to:
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to:
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rNSUR,ANCE
NAME (AS LICENSED)
self
PHONE
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NAME
DATE CERTIFIED
LOT HO.
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EXTERIOR
FDN. WALL
THICKNESS
..
CONe. 0
MA$'Y 0
j"EIGHT
(FUl)
8J C.WAGE
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(5
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BLOCK NO. ~
ATTACHED 0 DESI( N \
BY ~
AREA (S.f.)
AT GRADE
NO.
STORIES
ADDI:r'ON
A ue.
PE NO
'-
OCCUPANCY
GROUP DIV. ,
TYPE _L FIRE
CONSTR. lONE
SPAN AUTHORIZED
AGENCY BY DA TE
BUILDING
REVIEW
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L 0
, -/ -., .
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BASEMENT
FIN
UNFIN.
SINGLE
DOUBtr
I~OTAl
~TS
o ATTAO~D 0 TO\AL
o DETAC~E~O R~~S
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/
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DEPTH
BElOW
GRADE
FIRST
FLOOR
-
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z:
EXTERIOR
FOOTING
SIZE
CEIUNG
ROOF
THICK 0
SlA~
CAISSONS 0
&GR.8fAMS
R1C2:::ING
M,,\TERIAl
PUBLIC HEALTH
ons TO APPllCAN~~.
OR INSPECTIONS OR INfORMATI CALL 925 _ 336
'OR ALL WORK DONE UNDER T~IS ERMIT THE ~RMITTEE ACCEPTS FUll RESPONSlalllTY FOR
:OMPlIANCE WITH THE UNIFORM Be I DING ~9DE. THE COUNTY ZONING RESOLUTION OR CITY
ONING ORDINANCE, AND. ALL OrtiER RESOLUTIONS OR CITY ORDIN~\NCES WHICHEVER
,PPLJES. _
EPARATE PERMITS MUST BE OHAINED FOR ElECTRICAL, PLUMBING ANa HEATING, SIGNS,
WIMMJNG POOLS AND FENCES.
ERMIT EXPIRfS bO DAyS FROM DATE ISSUED UNLESS WORK IS STARTED.
EQUIRED IN~PfCTIONS SHALL BE REQUESTED ONE WORKING CAY IN AOVANCE.
LL FINAL INSPECTIONS SHALL BE MADE ON AU ITEMS OF WORK BEFORE OCCUPANCY '5 PeRMITTED.
'OS BL'1l0'NG SH^U NOT Br OCCUPIED UNTIL A CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED. 0
RMIT SUBJECaTTO RE(VDCATlON OR SUSPENSION FOR VIOLATlON":;],F AN lAWS GOVERNING SAMF.
iNATURE . \ () iA7J "'vv.
>L?tANTl () crY,1 :::: -L1 I GV, J.
~
'-/IS FORM IS A PERMIT\GJ4l Y
'HEN VALIDATED HERE
j.
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VALUATION $
OF WORK 250.
PLAN
FilED
T
P
'0'
TOTAL FEE
~:g8Plck
7.50
J
DOURlE CHECK 0 $
FEE O.J CASH 0
BUILDING DEPARTMENT
DATE
PERMIT NO.
APPROVAL BY
LICENSE 11 RECEIPTS CLASS
DATE
>-
9-27-76
AMOUNT
474-76
INSPECTOR'S' COpy
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LAW OFFICES
GIDEON I. KAUFMAN
BOX 10001
611 WEST MAIN STREET
ASPEN. COLORADO 8161 1
GIDEON I. KAUFMAN
February 8, 1980
TELEPHONE
AREA CODE 303
925-8166
QAVID G. EISENSTEIN
Mr. Sunny Vann
Aspen Planning Office
City of Aspen
130 South Galena
Aspen, Colorado 81611
Re: Abels - Northerly 38 feet of Lots A, Band C, Block 78,
City and Townsite of Aspen, together with all that
portion of vacated Hallam Street lying northerly of
said lots, easterly of the east line of North Monarch
Street and southwesterly of Line 4-5 of the City and
Townsite of Aspen, County of Pitkin, State of Colorado
Dear Sunny,
This letter addresses Ordinance 39 compliance
for Jim Abels for the exemption from subdivision regulations
with respect to the above described real property.
The property referred to herein has the following
rental history: The upper dwelling unit in the house,
containing approximately 1,400 square feet, was owner
occupied by Robert Marsh from 1950 to the date Mr. Abels
purchased it. Since then, Mr. Abels has resided in the
unit except for short-term rental. There exists in the
house an apartment unit of approximately 475 square
feet. It was rented for two hundred fifty dollars ($250.00)
per month plus maintenance operations. It is presently
being rented for three hundred fifty dollars ($350.00) a
month, both of which are well above the guidelines.
'~I (V)
L{! ,; n
/-~---
I'
Mr. Sunny Vann
February 8, 1980
Page two
Mr. Abels intends to add another dwelling unit to
the property which will be the mirror image of the existing
structure, convert the existing small apartment into the
basement for the existing structure and to transfer the
condominiumization to that new dwelling unit when such has
been accomplished, thereby making any price restriction
untenable.
Should you have any questions, I am more than
happy to discuss them with you.
Very truly yours,
}iJ-~
Gideon Kaufman
GK ch
. -_"._~""">''''--''''''''_--~'---'''''''~,~.-;--~~--
..
APPLICATION FOR EXEMPTION
FROM -,
SUBDIVISION REGULATIONS
I
I
I (hereinafter referred to as "applicant") under ~20-l9 (a) of
II
I
I
,
Request is hereby made on behalf of J. E. ABELS
the Aspen, Colorado, subdivision regulations for an exemption
from the definition of the term "subdivision" with respect to
, real property described as the northerly 38 feet of Lots A, B
I
land C, Block 78, CITY AND TOWNSITE OF ASPEN, together with all
II
liportion of vacated Hallam Street lying northerly of said lots,
I easterly of the east line of North Monarch Street and southwest-
I
thai
I
erly of Line 4-5 of the City and Townsite of Aspen, County of
Pitkin, State of Colorado.
An exemption in this case would be appropriate.
i The application involves subdivision of an existing
II
II structure. Requiring strict compl iance with subdivision regu-
il
I'lations for the subdivision of a lot with a duplex on it
I
I creates conditions which will deprive the applicant of reason-
I
II able use of land. If an exemption is granted, owners of the
II property will have a common interest in the land; and there
will be either a condominium declaration or use and occupancy
agreement applicable to the property which will not in any way
I increase the land use impact of the property. An exemption in
II this case will not conflict with the intent and purpose of the
subdivision regulations which are directed to assist the
I
orderly, efficient and integrated development of the City of
Aspen, to ensure the proper distribution of population, to
coordinate the need for public services and to encourage well
planned subdivisions.
I
I'
.1
I
I
,
i
!I
The granting of this application will not undermine the
intent of the subdivision regulations, as it is clearly within
I the area intended for exemption under ~20-19.
i
I
i
II
I
I
i
I
I
I
II
II
II
I
I
,
I
The building is
already in existence;
there will be no change in the density
which is presently in line with the prescribed population
density for the property.
A follow-up letter addressing Ordinance 39 compliance
will be delivered shortly.
The applicant would appreciate your consideration of
this application at your next regular meeting.
Dated:
February 6, 1980.
_~ 11K_ __ ...
Gideon I~
Attorney for Applicant
,I
,
,
-2-
I
I
II