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HomeMy WebLinkAboutcoa.lu.ex.Abels, J.E., Lots A,B,C 218 N. Monarcht0\0 ` - 19" O �� ABETS SUBDIVISION EXERTION ` D \ x� �J218 N. Monarch E X Recorded al 4:01PM June 18, 1981 etta Banner, Recorder Reception 4� 01334 0 STATEMENT OF EXEMPTION FROM SUBDIVISION REGULATION 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, 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, 0 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 linit, which shall commence wt;.en 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 (111) above is still in effect, the tenant may purchase the unit for the amount of the initial S�nIpec' �' A'a AQ nri r-a nY the Amniint of the bona fide offer, which 3. Each unit o to six (6) month minimum 1 shorter tenancies per year Dated this 13th day o Attest: Kathryn S., och, City Clei v 6uuK410 15 } 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 day of F2 brUar�_ , 1981, by J.E. ABELS. witness my hand and official seal. My commission expires: v �• •^ -nCev � ` Notary Public - 3 - 0 40 WILDING D_-PARTMENT Ci+. of Aspen, Colorado N? r ci BUILDING I�URAIT Dat.� ._. _ -- ,..'a ,a; ; ';� ;t. o C,rnfi. 4Tcanths . - This Permit expires --.___.from ''.t�i }•'-'n date of issuance unless extended otherwise and Extended to-------- -- grants permission only for the work indicated below. R'J;;;:i' _i'•_ifi r11?'E©d i�13 dc�2�8 Permission is hereby granted— - - on Lot AO - Block- -7Z— Addition--To-.Msi tr- Zones =h Fire Dist. #-3 .Occupancy --- Address- ILL Nth V^n-ai'eh -StreSt Type of Const. Existing- ix2aTvpa V N nnnv exam (2-stoxy-) - Intended No of Living Units 1n ^hnti; � __ -_ No. of Rooms-. -C` --74 No. of Baths ---.',;'sue ----- Width 13' Length 13Sq.. Ft.---3,9tL--- Basement : .dit - U al sic o-146arage— rte Fence Setbacks- No Chan ra-0 N-- S— ---- W------- E R.O.W Architect Harm---Addre Contractor R.7, 17u"+ I ALLIED :,TJjLi?M'-.') Address - BO ► la.5n P? , ! n ej-j-:3 t!L1.S efii^v6 Electrical---- plumbing — Ga REMARKS: \ BUILDING INSPECTOR 11 - APPLY FOR CERTIFICATES OF OCCUPANCY BEFORE OCCUPYING"- TRUCTURE: CALL FOR INSPECTIONS AS REQUIRED: For all work done under this permit the permittee accepts full responsibility for compliance with the Aspen Building Code end all other'applicable Aspen Ordinances. Signed--- — — AGENT, OWNER. OR CONTRACTOR • LAW OFFICES • GIDEON I. KAUFMAN BOX 10001 611 WEST MAIN STREET ASPEN. COLORADO 81611 GIDEON I. KAUFMAN DAVID G. EISENSTEIN Mr. Sunny Vann Aspen Planning Office City of Aspen 130 South Galena Aspen, CO 81611 May 8, 1980 TELEPHONE AREA CODE 303 925-8166 Re: Abels - Northerly 38 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 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 °„ `0 GIDEON KAUFMAN Gideon Kaufman GK kw • MEMORANDUM TO: SUNNY VANN, PLANNING OFFICE -40 FROM: FRITZ BRUGGEMEIER, ENGINEERING DEPARTMENT DATE: MARCH 10, 1980 RE: ABELS SUBDIVISION EXEMPTION 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 pro pert s orts a non - conforming structure and as per 20-9c f the Aspen Municipal Code "no sub- sdivi hall be approved which includes elements not in c fo mance w' h the provisions of any applicable zoning o 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. -Y Jai' G ) < Z u�rnr� tirS b J �rr1�iGSS7b� � kS(� DO ��� . e APPLICATION FOR EXEMPTION _FROM! SUBDIVISION REGULATIONS Request is hereby made on behalf of J. E. ABELS (hereinafter referred to as "applicant") under §20-19 (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 tha 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 case would be appropriate. The application involves subdivision of an existing structure. 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. jv_i/6�_ ideon I. K fman Attorney fdIr Applicant -2- ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 LAND USE APPLICATION FEES County 00100 — 63711 09009 — 00000 Subdivision/PUD 63712 Special Review 63713 P&Z Review Only 63714 Detailed Review 63715 Final Plat 63716 Special Approval 63717 Specially Assigned City 00100 — 63721 09009 — 00000 Conceptual Application 63722 Preliminary Application 63723 Final Application 63724 Exemption 63725 Rezoning 63726 Conditional Use PLANNING OFFICE SALES 00100 — 63061 09009 — 00000 County Land Use Sales 63062 GMP Sales 63063 Almanac Sales Copy Fees Other Name:' Project: 4. ASoft n, Address: Phone: Check No. Date: -- Receipt No. P CITY OF ASAEN ,,g& MEMO FROM SUNNY VANN ,p/=S • i CITY OF ASPEN MEMO FROM KATHLEEN MCCORMICK qqp c�,6ui��� as a 1 aw L �- 9 cyk- IIIg Iuw►iu t wit whlcl, 41\Q �5 ro lour -pemt Csm ciit5 4wh 1y1;1&— 4,uc �tD • • 15 V,aw4krv\. 4 a,�� M¢�hs�l on-1� Voi&A ,pevwUr vgllll C�rnda uwt;� {�VNV- ml I U-- (, LAW OFFICES 1 GIDEON I. KAUFMAN BOX 10001 61 1 WEST MAIN STREET ASPEN. COLORADO 81611 GIDEON 1. KAUFMAN DAVID G. EISENSTEIN February 8, 1980 TELEPHONE AREA CODE 303 825-81 66 Mr. Sunny Vann Aspen Planning Office City of Aspen 130 South Galena Aspen, Colorado 81611 Re: Abels - Northerly 38 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 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. I 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. 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 dwellinq 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, 6--- Gideon Kaufman GK ch LAW OFFICES GIDEON I. KAUFMAN BOX 10001 611 WEST MAIN STREET ASPEN. COLORADO 81611 GIDEON 1. KAUFMAN DAVID G. EISENSTEIN Mr. Sunny Vann Aspen Planning Office City of Aspen 130 South Galena Aspen, CO 81611 May 8, 1980 TELEPHONE AREA CODE 303 925-8166 Re: Abels - Northerly 38 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 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. QUPT whir r��AiV Gideon Kaufman GK kw • 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, Michael J. Garrish GIDEON I. KAUFMAN DAVID G. EISENSTEIN LAW OFFICES GIDEON I. KAUFMAN sox 10001 611 WEST MAIN STREET ASPEN, COLORADO 81611 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, B and 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 Mr. Sunny Van 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, . LE 6---, Gideon Kaufman GK ch 0 • 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. 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.) No: 4-80 CASELOAD SUMMARY SHEET City of Aspen 1. DATE -SUBMITTED: March, 1980 STAFF: Sunny Vann 2. APPLICANT: A.bels, Jim 3. REPRESENTATIVE: Gideon Kaufman - 925-81_66_______________ 4. PROJECT NAME: Abels Subdivision Exemption 5. LOCATION: 6. TYPE OF.APPLICATION: Rezoning P.U.D. Special Review —Growth Management HPC 7. REFERRALS: Attorney Engineering Dept. Housing —Water City Electric 8. REVIEW REQUIREMENTS: Subdivision Stream Margin Exception 8040 Greenline Exemption View Plane 70:30 Conditional Use Residential Bonus Other Sanitation District ---School District Fire Marshal Rocky Mtn. Nat. Gas Parks State Highway Dept. Holy Cross Electric Other Mountain Bell 9. DISPOSITION: P & Z_ Approved Denied_ Date_ C.o--�L \1Lo wS 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. Council Approved_ Denied 10. ROUTING: / `' Attorney /�Uilding _-ZEngineering _Other 1 MEMORANDUM TO: As Planning and Zoning Commission Aspen City Council FROM: Sunny Vann, Planning Office RE: Abels Subdivision Exemption DATE: September 9, 1980 APPROVED AS TO FORM: Zoning: R-6, Residential Location: 218 N. Monarch (Northerly 38 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, County of Pitkin, State of Colorado) Lot Size: Approximately 7,400 square feet Rental History: 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. Engineering The Engineering Department recommends approval subject to: Comments: 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. Attorney's Should the applicant's request for subdivision exemption be Comments: granted, it should be conditioned upon compliance with the notice and option provisions and six-month minimum lease res- trictions of Section 20-22. Housing No comment. Director's Comments: Planning The Planning Office recommends approval of the applicant's Office request for subdivision exemption for purposes of condomin- Recommendation: 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 81611 GIDEON I. KAUFMAN DAVID G. EISENSTEIN Mr. Sunny Vann Aspen Planning Office City of Aspen 130 South Galena Aspen, CO 81611 May 8, 1980 TELEPHONE AREA CODE 303 925-81 66 Re: Abels - Northerly 38 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 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 y trull yours, Gideon Ka man GK kw 0 0 CITY OF ASPEN 130 south galena street aspen, colorado 81611 MEMORANDUM TO: Sunny Vann, Planning Office FROM: Jay Hammond, Engineering Office 4-- DATE: September 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 join 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. 0 1 • A., CITY OF ASPEN 130 south galena"street aspen, colorado 81611 MEMORANDUM DATE: March 10, 1980 TO: Sunny Vann FROM: Ron Stock RE: Abels Subdivision Exemption I am informed that this stir u re i structure. citing Secti 20-9(c) tion thereof I believe 't is ap denial of this subdivi ion est. RWS:mc non-conforining our interpreta- iate to recommend r: MEMORANDUM TO: Ron Stock, City Attorney Dan McArthur, City Engineer J4m 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 comnents concerning this application no later than Monday, March 10, 1980. Thant: you. • LAW OFFICES GIDEON I. KAUFMAN BOX 10001 611 WEST MAIN STREET ASPEN. COLORADO 81611 GIDEON I. KAUFMAN DAVID G. EISENSTEIN Mr. Sunny Vann Aspen Planning Office City of Aspen 130 South Galena Aspen, CO 81611 May 8, 1980 TELEPHONE AREA CODE 303 925-8166 Re: Abels - Northerly 38 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 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, CO!''Y we GKON KAUfMAN Gideon Kaufman GK kw APPLICATION FOR EXEMPTION FROM SUBDIVISION REGULATIONS Request is hereby made on behalf of J. E. ABELS (hereinafter referred to as "applicant") under §20-19 (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 that 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 case would be appropriate. The application involves subdivision of an existing structure. 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. Gideon I.' K fman Attorney for Applicant -2- CI -I Y OF r�.Sl�;:;� CO;;►;'; Y OF PITKII41 J, CULORADO A D I13 R. 5 - ---- _ — ----- - _ — OF JOB 218 No. Monarch GENERAL F � duplex CONSTRUCTION - --- ---.- ---- — ---- _ PERMIT W/�fN ,IGNCD AND VALIUAIcU HUILDING INS{.ECll()N ULPA(RIMLNT THIS PERMITAUTHORIZES THE WORK OLSCkIptU BELOW. L by CLASS_OF WOF.IC: NEW ❑ ADDITION C2 NAME Bob Marsh ALTERATION ❑ REPAIR ❑ ADDRESS Box 378 C9 ® __ �N�AME(AS LICENSED)Uself Z at Z ADDRESS ----�_ v SUPERVISOR FOR THIS JOB NAME LEGAL -- _ DESCRIPTION LOT NO. BLOCK NO. SURVEY BY ATTACHED ❑ DESI N BY-- AREA (S.F.) AT GRADE HEIGHT NO. (FEET) STORIES 3ASEMENT FIN ❑ C ARAGE UNFIN. ❑ SINGLE ❑ ATTAC DOUB ❑ DETACH DEPTH BELOW FIRST SIZE GRADE FLOOR EXTERIOR SOOTING O CEILING EXTERIOR FDN. WALL CONC. ❑ ' THICKNESS MAS'Y ❑ ROOF THICK K ❑ CAISSONS SLA_ BGILBEAMS ❑ R I NG M TERIAL MASONRY ABOVE THICKNE AB VE LICENSE CLASS MOVE ❑ WRECK ❑ AspeRHONE 925 7539 LICENSE NUMBER INSURANCE PHONE I ❑ �--- --_-_ -_ DATE CERTIFIED ADDITION PE NO. OTAL OCCUPANCY ITS GROUP TO AL TYPE DIV. ❑ ROO S FIRE CONSTR. ZONE ING SPAN _ \ AGENCY AUTHBRIZE1D DATE B UIL DING REVIEW PUBLIC HEALTH �TERIO SS IST FLR. 2N FLR. ABOVE ENGINEERING 3kV FLR. ALL ST SIZE ABOVE A VE 3 SP CE IST FLR. ABOVE C 2N FLR, 31D FLR. MARKS .— aa ing green ho se-�on oof.side usinredwo apt on eEt N fieass sub to (vin P e) an no wiring. )TES TO L�.PPLICAN _ OR INSPECTION5OR INFORMATI CALL 925- 336 DR ALL WORK DONE UNDER THIS ERMIT THE RMITTEE ACCEPTS FULL RESPONSIBILITY FOR OMPLIANCE WITH THE UNIFORM BL DING C DE, THE COUNTY ZONING RESOLUTION OR CITY )NING ORDINANCE, AND- ALL OTHER RESOLUTIONS OR CITY ORDINANCES WHICHEVER PPLIES. :PARATE PERMITS MUST BE OBTAINED FOR ELECTRICAL, PLUMBING AND HEATING, SIGNS, NIMMING POOLS AND FENCES. AMIT EXPIRES 60 DAYS FROM DATE ISSUED UNLESS WORK IS STARTED. QUIRED INSPECTIONS SHALL BE REQUESTED ONE WORKING DAY IN ADVANCE. ,L FINAL INSPECTIONS SMALL BE MADE ON ALL ITEMS OF WORK BEFORE OCCUPANCY IS PERMITTED. IIS BUILDING SHALL NOT BE OCCUPIED UNTIL A CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED. ZMIT SUBJECT TO REVOCATION OR SUSPENSION FOR VIOLATION OF AN LAWS GOVERNING ❑ SAME, NATURE ,. OF 'LICANT: IIS FORM IS A PERMIT c LY DATE PERMIT NO. HEN VALIDATED HERE � 9-27-76 474-76 INSPECTOR'S COPY VALUATION OF WORK $ 2 5 0. WNTOTAL FEE 55 2 : p41ck 700 ENT - APPROVAL BY DATE LICENSE RECEIPTS CLASS AMOUNT u 0 y '•vY �r- F t DATE ATE Refunj" for bo'_. 113r's�,. P 0 Box 3 7 C Aspar., Cclo it 474_7G, Oct. Sapt. 627, l not b doing tiff: .Jt,rk. 5.1) of the 7. Sr.. Rv "- SIGNED - • LAW OFFICES 1] GIDEON I. KAUFMAN BOX 10001 611 WEST MAIN STREET ASPEN. COLORADO 81611 GIDEON I. KAUFMAN TELEPHONE AREA CODE 303 DAVID G. EISENSTEIN February 8, 1980 925-8166 Mr. Sunny Vann Aspen Planning Office City of Aspen 130 South Galena Aspen, Colorado 81611 Re: Abels - Northerly 38 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 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 :Tim 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. • 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, 6---- Gideon Kaufman GK ch z APPLICATION FOR_ EXEMPTION FROM SUBDIVISION REGULATIONS Request is hereby made on behalf of J. E. ABELS (hereinafter referred to as "applicant") under §20-19 (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 that 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 case would be appropriate. The application involves subdivision of an existing structure. 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. r 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. IWA Gideon I. K man Attorney for Appl_i.cant OF LOTS A, 8, E- G PLUS VP,GI�TEO ARE/-� OP 1-IALI_/,,1�/I ST. SLX llib ASPEN - O`WN51TE ASPEN Coro. FOR BY SURVEY ENGRS ;Nc-. C,q P. o. G•$oX 2-115C)G ASPF- IN cCq-c� 0 W • `IS.02. -Q �--- In /n o v/ v Z THE UNDERSIGNED tJOES HEREBY GE-RT1�Y THAT THIS SURVEY WAS FIELD SLiRvEYED DURING MARCH 19-7R ON THE GROUND OF THE PROPERTY L-P-GALL`( 0E5C-RIaE0 HEREON /atVD 1S CoRREGT BASED ON THE FIELD E-VIIJENCE SHOWN ON T'H1S PLAT' AS FOUND/ AND THAT SERE ARE Nlc> DISCREPANCIES, CCpNFLIC717S, S1-IORTAGES IN AREA I BC)UNpARY LINE CONFLIGT'S� ENGROACI-1 - I`✓IENTS E"Q\SEMEN-TS OR R ICI-1T5 OF VVAY IN FIELD c.V1UENCE OR KNOWN TC� r\Ar, EXCEPT A5 HEREON SHOW . UNfJERGR(nUNp Jr)L-ITIE5 WITH NO VISIBLE ABOVEGROUND vAL/E, scKEs OR OR MANHOLES, AND DOCUMENTS OF RECORD NET SUPPLIED TO THE SURVEYOR ARE EXCEPTED. IV I q5G 'BRASS C A P e COR . 13 E . A.T."UNAPPROVED 0,419 G 21� ® E 1�1 FN>O. �'5 RE• BAR AS DES cR 1 BE p �v000 r-ENCE CALL 1N C ' R1`GORD FRoM tgsq OFF!GAL PLAT OF ASPEN SURVE\' ORIEN-TEO WITH FOUND MONUME-NTS AS SHOW N HA L L.A M ST C17`( MON. N.E. COP . F3LK. 1Z CC:�L.O . REG. PROF. ENGR it LAND SURVEYOR 2.3'7G (D 0 No Boa r 0 u CITY MC>N. Nvv . COS- ti; ,"K -78 � 0 11.0G, N N L O 7.- /J, T Q ALUM C A P 23 G`7 t� 111 FOR. UTI L-1i`f GASCP�E i i a v R E S E. P,V r=- p I nl �/AGAT 1= ri I �2 STORY W000 FRAME HOUSE `1� 9. JQJ- N 6 I 0 L_ OT r3L x 113 (515" O9, I I"E. c-+o.q-I') 18.0 ' DECK m • 'g !� J - AREA' (� 194 SQ.FT\ p ALUM CAP I (24.95') I 3 I DECK I I 1.7 0 Q Q I Q I � LC)-r C� 0 0, •1 ALUM GAP 23G-7 CITY MON. %to sw COR 8f-K -78 l a15G BRASS C A P COR . 13 E . A.T.UNAPPROVED FN®. '�5 RE- BAR AS DE.5cR1BED l�Ic�OD FENCE CALL IN C RECORD FRONT 1g5c, OFFICAL PLAT OF ASPEN SUPVE`' ORIEN-TED WITH FOUND MONUIVIF.NTs AS 51-10W N HALLA M CITY MON. COR . BL.K. THE UNDERSI CANED DOES HEREBY CE.RTI K'Y THAT THIS SURVEY I WAS F► E LD SuRv1=`f ED OUR I N G MARCH 19`7R ON THE C.Rc�UN D OF THE PROPERTY LEGALLY DE.SGRIBED HEREON /aND IS C(Z)RR BASED ON THE FIELD E.v► DENCE SHOWN ON T'1-its PL/�, - AS FOUND, AND THAT TPL=zRE ARE NIO DISCREPANCIES, CONFLICTS, 154ORTAGES IN �,RE.A � BOuNDARY LINE CONFLICTS ENCROAC!-1 - NIENTA S EASEMENTS OR R ► C=HTS OF WAY IN FIELD c.V 1 OEN CE OR KNOWN TC� ME, EXCEPT AS HEREON SHOW . UNDERGROUND JrILITIES WITH NO VISIBLE AIBOVEGROUND VALVE g�ES OR OR MANHOLES, AND DOCUMENTS OF RECORD NOT SUPPLIED TO THE SURVEYOR ARE EXCEPTED. 81GNED COLO . REG. PROF. ENGR LAND SURVEYOR 2.3-7S NO CAP CITY MCdN. LL • T ALUM CAP I< � 23Ga`7 t� dl CITY MON. `b W Cc3P B&-�K -18 OF LOTS A, S, E. G PLUS VPSG1�TEp ARE/--\ d'1= HALL/,,M ST. 1BLX LIZ A!5PEN TOWN151TE ASPEN COLD. BY SURVEY ENGRS INC.. p, o, poX 254G ASPF- N CcaLc�j 312O+-lq AR E/-\ 11395 ± SQ FT. .CE 3K 182 PG 393 FOR i>C1�1= RESF-PVIF D Oy. 1 I"F- !� r�9 ± 194 Sq.FT. ALUM CAP Z3G� (6 �2�9.9S) ALUM CAP 23G-1 JOBS 90GG -A I C454 BRASS C A P COR . 13 E . A.T."'UNAPPROVED'" Q.aIEGEgFQ�J ® E jz�\j(BUCE9D- FNO. r 5 RE• BAR A5 DE5C-RIBED NOOD FENCE CALL IN C) R 1`Cp4-kD F ROrvj I q sq OFFICAL PLAT OF ASPEN SURVE�� ORIEN-TED WITH FOUND M�NUM>`.NTS AS S!-IOWN 1 . � 1111 .• - ■- � 10 3G s zo HALLA M CITY MON COR . BL.K 1• �: 1 1/1� �11�1��1�� THE UNDERSI CANED ODES HEREBY CERTI T='Y THAT THIS 5URV'EY WAS FIELD SURV F-\�(ED DURING MARCH 19-1Ci ON THE GROUND OF THE PROPERTY LEGALLY DESGRIgED BASHEREON /AND IS CORER COT BASED (ON THE FIELD EV►tJENCE -SHOWN ON -1-N15 C�PLAT AS FOUN� AND THAT i'IaERE ARE t�10 �1SCREPANCIES, CFLCTS 1, 5�1ORTAGES IN �+RE,A pN I BOUNDARY LINE~ CpNFL1CTS) ENGROACI-1 - MENTS EAESEME.NTS OR R IGHTS OF WAY IN FIELD c.V1OENCE, OR KNOWN T'O ME-1 EXCEPT AS HEREON SHOW. UNDERGFROUNp JfILIT1E5 WITH NO VISIBLE ABOVEGROUND VALVE BdC1=s OP OR MANHOLES, AND DOCUMENTS OP RECORD NOT SUPPLIED TO `r H E SURVEYOR ARE EXCEPTED . SIGNED CdLO . REG. PROF. ENGR £ L/�.ND SURVEYOR 2.3�6 NO CAP CITY MC-�N • T --I Q ALUM CAP f 23 G`7 dl CITY MON. 5W COR Ew-;K -18 OF LOTS A, B, E. G PLUS V,ACA:-rFo ARE/ , p HAL_LAN, 5-r. SLV< '78 ASPEN-TOWN51-rE ASPEN COL cp . r BY SURVEY ENGRS INC.. P. ©. 2.SOG ASPI;. N COI_•Q 31Z0l19 AREA 1,395 t SQ FT. `=EE. C3K 182 nG. 393 F'OR UTI-.i"f`f EASEMEN1 RE.SE.R\/IZ p Ni HAS --LA M S`t- (S'15, C)q' I I"E �A,, TO �A/ AREA 1 94+ SQ.FT. ALUM CAP 1 Z3Co� � (29.95) ALUM cA9 23 G-7 �J •,�*A