The URL can be used to link to this page

Home My WebLink Aboutcoa.lu.ex.Brownell Lots 1 & 3n-la- m Mi — BROWNELL - Lots 1 & 3 Brownell Subdivision E X A CUSTOMER CITY OF ASPEN 6 FINANCE DEPARTMENT CASHIER'S RECEIPT 01-111 LICENSES & PERMITS 01-111 FINES & FORFEITS 511 ❑ BUSINESS LICENSES 561 ❑ COURT FINES 512 ❑ SALES TAX LICENSES 562 ❑ COURT BONDS - FORFEIT 513 ❑ BEER - WINE - LIQUOR LICENSES 563-01 ❑ TOWING FINES - IMPOUND 514 ❑ CONTRACTOR'S LICENSES 563-02 ❑ TOWING FINES - NOT IMPOUND 516 ❑ LIQUOR LICENSE APPLICATION 564 ❑ TRAFFIC FINES 517 ❑ DOG LICENSE 566 ❑ FALSE ALARM FINES 518 ❑ CENTRAL ALARM LICENSE 568 ❑ DOG IMPOUND FINES 519 ❑ BICYCLE LICENSES 569 ❑ OTHER FINES & FORFEITS 520 ❑ EXCAVATION PERMITS 521 ❑ CONSTRUCTION PERMITS 01-111 OTHER MISC. REVENUES 522 ❑ ELECTRICAL PERMITS 579 ❑ MAPS, CODES, ZONING REGS. 523 ❑ PLUMBING PERMITS 589 ❑ OTHERS (DESCRIBE) 524 ❑ HEATING PERMITS 525 ❑ SEPTIC TANK PERMITS 01-988-632-03 ❑ XEROXING (DESCRIBE) ❑ OTHER - ACCT. NO:; ESCRIPTION: (NAME, NUMBER, ETC.): 1 j CASiH) R VA RECEIVED FROM CUSTOMER CITY OF ASPEN FINANCE DEPARTMENT CASHIER'S RECEIPT 01-111 LICENSES & PERMITS 01-111 FINES & FORFEITS 511 ❑ BUSINESS LICENSES 561 ❑ COURT FINES 512 ❑ SALES TAX LICENSES 562 ❑ COURT BONDS - FORFEIT 513 ❑ BEER - WINE - LIQUOR LICENSES 563-01 ❑ TOWING FINES - IMPOUND 514 ❑ CONTRACTOR'S LICENSES 563-02 ❑ TOWING FINES - NOT IMPOUND 516 ❑ LIQUOR LICENSE APPLICATION 564 ❑ TRAFFIC FINES 517 ❑ DOG LICENSE 566 ❑ FALSE ALARM FINES 518 ❑ CENTRAL ALARM LICENSE 568 ❑ DOG IMPOUND FINES 519 ❑ BICYCLE LICENSES 569 ❑ OTHER FINES & FORFEITS 520 ❑ EXCAVATION PERMITS 521 ❑ CONSTRUCTION PERMITS 01-111 OTHER MISC. REVENUES 522 ❑ ELECTRICAL PERMITS 579 ❑ MAPS, CODES, ZONING REGS. 523 ❑ PLUMBING PERMITS 589 ❑ OTHERS (DESCRIBE) 524 ❑ HEATING PERMITS 525 ❑ SEPTIC TANK PERMITS 01-988-632-03 ❑XEROXXIINNGG(DESCRIBE) ❑ OTHER - ACCT. I ` NO.01-I `-T:-F4n ESCRIPTION: (NAME, NUMBER, ETC.): 10730 fn S IFt VALI I N- RECEIVED FRO 4 STATEMENT OF ZONING CHANGE On the 12th day of June, 1972 the Council of the City of Aspen, Colorado, zoned the following described property to R-6 Planned Unit Development by City Council Resolution No. The development of the following described property shall be in accordance with the Planned Unit Development Plan on file in the office of the City Building Inspector. The above referred to property is located in the City of Aspen, Pitkin County, Colorado, and is described as follows: Lots 1 and 2 and the Common Area, Brownell Subdivision, according to the plat thereof recorded in Plat Book 4 at page 258 ofr the Pitkin County recods (rezoned R-6 PUD). ichard Brownell Lois Brownell STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of June, 1972, by Richard Brownell and Lois Brownell. Witness my hand and official seal. My commission expires: MYCommission expires Feb. '111974 otary City of Aspen By / Mayor ATTEST: City Clerk STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this, day of June, 1972, by ��. ,ts. as Mayor as CityClerk of the City of Aspen. 7 Witness my hand and official seal. My commission expires: /,/ Pf? t5 Nutury—puur Recorded 0 1 :37 PM Oct 29 1979 Reception # Ooretta Banner Recorder STATEMENT OF EXEMPTION ma 378 PAGE 317 FROM THE DEFINITION OF SUBDIVISION w WHEREAS, LOIS BROWNELL is the owner of a parcel of land located in Pitkin County, Colorado, more particularly described as follows: Lot 2, Brownell Subdivision, City of Aspen, and WHEREAS, LOIS BROWNELL (hereinafter referred to as "applicant") has an existing fourplex located on Lot 2, Brownell Subdivision, City of Aspen, County of Pitkin, State of Colorado, and WHEREAS, the applicant has requested an exemption from the definition of subdivision for the purpose of subdividing the existing duplex through condominiumization, and WHEREAS, the Aspen Planning and Zoning Commission, at its meeting held on the 28th day of February, 1978, determined that an exemption from the definition of subdivision is appropriate and recommended that the same be granted, and WHEREAS, the City Council determined that the subdivision of the existing duplex through condominiumization is not within the intent and purpose 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 fourplex located on Lot 2, Brownell Subdivision, City of Aspen, County of Pitkin, State of 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 definition of such action provided, however, that any existing tenants be given written notice when their units are offered for sale, which notice shall specify the sale price. Each tenant shall have a ninety- (90) day • 0 BOOK 378 rAcr 318 option to purchase this unit at this price. In addition, each tenant shall have a ninety- (90) day exclusive nonassignable right of first refusal to purchase his or her unit, which shall commence when a bona fide offer is made by a third person and accepted by the owner. In the event that such offer is made while the ninety- (90) day option is still in effect, the tenant may purchase the unit for the amount of the initial sales price or the amount of the bona fide offer, whichever is less, and provided, however, that all units shall be restricted to six- (6) month minimum leases with no more than two (2) shorter tenancies per year. Dated this day of1979. HERMAN EDEL, Mayor ATTEST: Sher Simmen D,APputy City Clerk n. A � .�.t J� i'�}•. .Can -2- I'ITKIN COUNTY, x PF Re Lion No. Loretta Banner, Recor Feb. 28, Z980 REcorded at Z:40 P.M. DECLARATION OF COVENANTS RICHARD R. BROWNELL (hereinafter referred to as "covenantor") for himself, his successors and assigns hereby covenants with the City of Aspen, Pitkin County, Colorado, that: 1. Covenantor is the owner of'the following described property together with the improvements thereon: Lot 1, Brownell Subdivision, City of Aspen, County of Pitkin, State of Colorado (hereinafter referred to as the "property"). 2. The property shall be restricted to two (2) six- (6) month minimum leases with no more than two (2) shorter tenancies in any calendar year; and the monthly rental for Unit 1 shall not be more than $ 580.00 , the monthly rental for Unit 2 (if the owner does not reside in the unit himself) shall not be more than $500.00, unless the duly constituted housing authority of the City of Aspen shall consent to an increased rental to reflect increased expenses of the owner for middle income housing categories in operating the premises, adjustments in cost -of -living indices and other similar factors. 3. At the time Unit 1 or Unit 2 is offered for sale in whole or in part, the tenant or tenants, if any, shall be given notice of such offer together with the offered price. Each tenant shall have a ninety- (90) day non -assignable option to purchase Unit 1 or Unit 2 at the price stated in the offer of sale. 4. At the time a bona fide offer to purchase is made and accepted, the tenant or tenants, if any, shall have a ninety- (90) day exclusive non -assignable right of first refusal to r • 4P purchase Unit 1 or Unit 2. In the event that such offer is made while the ninety- (90) day option is still in effect, the tenant may purchase the unit for the amount of the bona fide offer or offered price, whichever is less. 5. The covenants contained herein are to run with the land and shall be binding on all parties and all persons claim- ing under them for a period of five (5) years. IN WITNESS WHEREOF, this Declaration has been duly executed this 0A day of aA � , 1979. Richar'a'R. Brownell STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) ,/I,�� Acknowledge subscribed and sworn to before me this �f `1'n day of 1979, by Richard R. Brownell. My commission expires: 6?/X4-lid, -TA,?, -c--�- Witness my hand and official seal. Notary Public ACCEPTED AND APPROVED: 3- By: Secr'eta I F -2- rt&a r orded 1:39 PM 0 9 1979 Rece tion# • p Loretta Banner Recorder z19i13 , B00K 378 PnE 333 STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION WHEREAS, RICHARD R. BROWNELL is the owner of a parcel of land located in Pitkin County, Colorado, more particularly described as follows: Lot 1, Brownell Subdivision, City of Aspen, and WHEREAS, RICHARD R. BROWNELL (hereinafter referred to as "applicant") has an existing duplex located on Lot 1, Brownell Subdivision, City of Aspen, County of Pitkin, State of Colorado, and WHEREAS, the applicant has requested an exemption from the definition of subdivision for the purpose of subdividing the existing duplex through condominiumization, and WHEREAS, the Aspen Planning and Zoning Commission, at its meeting held on the ' day of '�� Le-'/ , 197 �? , determined that an exemption from the definition of subdivision is appropriate and recommended that the same be granted, and WHEREAS, the City Council determined that the subdivision of the existing duplex through condominiumization is not within the intent and purpose 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 Lot 1, Brownell Subdivision, City of Aspen, County of Pitkin, State of 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 definition of such action, provided, however, that any existing tenants be given written notice when their units are offered for sale, i BooK 378 PAuL- 334 which notice shall specify the sale price. Each tenant shall have a ninety- (90) day option to purchase this unit at this price. In addition, each tenant shall have a ninety- (90) day exclusive non -assignable right of first refusal to purchase his or her unit, which shall commence when a bona fide offer is made by a third person and accepted by the owner. In the event that such offer is made while the ninety- (90) day option is still in effect, the tenant may purchase the unit for the amount of the initial sales price or the amount of the bona fide offer, whichever is less, and provided, however, that all units shall be restricted to six- (6) month minimum leases with no more than two (2) shorter tenancies'"pert year. Dated: April 1979. � rsr -2- purchase Unit 1 or Unit 2. In the event that such offer is made while the ninety- (90) day option is still in effect, the tenant may purchase the unit for the amount of the bona fide offer or offered price, whichever is less. 5. The covenants contained herein are to run with the land and shall be binding on all parties and all persons claim- ing under them for a period of five (5) years. IN WITNESS WHEREOF, this Declaration has been duly executed this (7" day of per- V Richard R. Brownell , 1979. STATE OF COLORADO ss . COUNTY OF PITKIN ) `~ Acknowledged, subscribed and sworn to before ltie—�tr i .. ` day of !f �--� 1979 , by Richard fit. gel1R . My commission expires: Witness my hand and official seal. otary Pub is Attest: By Secr ACCEPTED AND APPROVED: THE CITY OF ASPEN - 2- • or Record • 1 1:40 PM Oct 29 1979 Reception#, Loretta Banner Recorder DECLARATION OF COVENANTS B00 378 RICHARD R. BRCIMELL (hereinafter referred to as "covenantor") for himself, his successors and assigns hereby covenants with the City of Aspen, Pitkin County, Colorado, that: 1. Covenantor is the owner of the following described property together with the improvements thereon: Lot 1, Brownell Subdivision, City of Aspen, County of Pitkin, State of Colorado (hereinafter referred to as the "property"). 2. The property shall be restricted to two (2) six- (6) month minimum leases with no more than two (2) shorter tenancies in any calendar year; and the monthly rental for Unit 1 shall not be more than $ 580.00 , the monthly rental for Unit 2 (if the owner does not reside in the unit himself) shall not be more than $500:00, unless the duly constituted housing authority of the City of Aspen shall consent to an increased rental to reflect increased expenses of the owner for middle income housing categories in operating the premises, adjustments in cost -of -living indices and other similar factors. 3. At the time Unit 1 or Unit 2 is offered for sale in whole or in part, the tenant or tenants, if any, shall be given notice of such offer together with the offered price. Each tenant shall have a ninety- (90) day non -assignable option to purchase Unit 1 or Unit 2 at the price stated in the offer of sale. 4. At the time a bona fide offer to purchase is made and accepted, the tenant or tenants, if any, shall have a ninety- (90) day exclusive non -assignable right of first refusal to • • TO: FROM: RE: DATE: M E M O R A N D U M Aspen City Council Planning Office, Karen Smith Brownell - Subdivision Exemption, PUD, and Final Plat Amendments March 9, 1978 This is an application to condominiumize a four-plex and to amend the final subdivision and PUD plans of the Brownell subdivision in order to allocate to two lots what has previously been common area for three lots. The Brown- ell Subdivison is located at Gibson and King Streets on Smuggler Mountain in the R-15 zone and consists of three lots and common area as follows: Lot 1 at 6884 square feet, improved with a duplex; Lot 2 at 4939 square feet im- proved with a four-plex; Lot 3 at 7696 square feet, improved with a duplex; and common area consisting of some 5122 square feet, located north of Lots 1 and 2. The proposed PUD and Subdivison plat amendment would delete the common area and create a larger Lot 1 (11,150 sq. ft.) and Lot 2 (5795 sq. ft.) with Lot 3 remaining the same. The applicant is requesting several different types of approvals in order to accomplish this change: 1. Exceptions (Sec. 20-19) from full subdivsion review procedures in order to amend the subdivision final plat to change boundary lines and reallocate common area. Section 20-21 requires that change in a boundary line be considered a subdivison. This may be done by P & Z alone. 2. Amendment of the PUD plan pursuant to Sec. 24-8.26 (b), again co change the common area, which may be approved by Council after recommendation by P &_Z. 3. Subdivision exemption for the condominiumization of the four-ple;: which maybe approved by Council after recommendation by P & Z. At its February 28th meeting, the Planning and Zoning Commission took the following actions: 1. Granted the exception from conceptual and preliminary phase reviews in order to amend the Final Plat. In support, they found that there were special circumstances affecting the property such that strict application of the subdivision procedures would deprive the appli- cant of reasonable use of his land and that granting the exception would not be detrimental to the public or property in the area. In other words, they found that reconfiguring the common area would not adversely affect neighboring owners and that the public hearing which would be held at prelimary plat stage, would not be necessary. *After such exception, the Council may go ahead and approve the Final Plat change if it so desires. 2. Recommended approval of the PUD amendment to delete the common area. Their recommendation was based on the finding that conditions have changed since original approval. Among those conditions was the fact that part of the common area had been reserved for parking for future development on Lot 3. Lot 3 did not further develop. *City Council has final authority to approve or deny the PUD amend- ment. 3. Recommended subdivision exemption for the condominiumziation of the fourplex on Lot 2 finding that there would be no or little tenant displacement and condition on the the 90 day right of first refusal and six month minimum lease restrictions. *Council again has final approval authority. Page Three 16 Aspen City Council March 9, 1978 Underlying all this procedural formality were the real i.ssues of whether or not the change in common area would materially affect the subdivision occupants or the neighborhood in general. There was a consensus that the open space had never practically been used or available for the common use and enjoyment of owners of all 3 lots. Its deletion, it was decided, would not be missed by either subdivision residents or the neighborhood, although it would certainly benefit Mr. Brownell who lives in one unit on Lot 1 (the recipient of the bulk of the common area). Because of a retaining wall the area really has served historically as the back yard of Lot 1. The revised plat does in fact make some improvements that will benefit the subdivision and surrounding residents in that it does for the first time show parking spaces for each lot. It also reinstates the parking which had been reserved for Lot 3 up until 1976, although the parking will actually serve Lot 2 where the development is most dense. The other main substantive issue is that of housing impact. The comments of the Housing Authority as well as representations made by the applicant are attached for your review. During the discussion before P & Z, the Housing Director stated that there should be some control over the representation that units would be sold at no faster rate than one per year and that the price would remain reasonably related to $62,000. However, P & Z, was unwilling to go that far and instead accepted the representations in good faith. We will bring copies of the original and revised plats for Monday's meeting. The applicant is making changes in the dedication language as requested by Engineering and that should be finalized by Monday. • 506 E. MAIN STREET • ASPEN, COLORADO 81611 MEMORANDUM TO: Aspen City Council FROM: Mark Danielsen DATE: February 28, 1978 12M Brownell Four Plex Units (Gibson and King Avenue) Giddeon Kauffman, attorney Each "plex" is a two bedroom, one bath unit with fireplace, having 600 sq. ft; six years old. Only contemplating selling one unit at $62K, others still to be rented, option by tenant to buy. Current rent $475/mo; one year leases entered into last October - November - December. Are these luxary condos? Opinion: if so 1. If rent remaines $500 then okay, if not then rent should remain same for next two years. 2. Midland Park 900 Sq ft comp unit Brownell 54,000 10% down 81,% 9 % 62,000 10% down PI only 360/mo 462/mo Still with in realm of employee housing, but certainly should not go higher, so should put limitation on saler price if possible; It is PMH now, and need to keep it as such Owner should voluntarily commit to rent control and price control for two years (if possible). Ms. Karen Smith December 14, 1977 Page Two I hope this answers any questions or concerns you might have on the foregoing condominiumization and their compliance with the new City guidelines. I will be more than happy to answer any questions or respond to any in-house comments. I will, of course, be attending any hearings held on these matters before both the Planning and Zoning Commission and City Council. Sincerely, Gideon Kaufman GK ch P. S. Karen, let's resolve this quickly so that I can go skiing! FK . '. zgl V� NNW. ,. Y.e_aY:.�tadl�iGs J yy �S,Z _ r, �� J � .. 9� lIJ1 �'t � —J: +T a'Y. � •.;l y� M E M O R A N D U M TO: Aspen Planning and Zoning Commission FROM: Planning Office (KS) RE: Brownell Duplex and Fourplex - Subdivision Exemption and PUD Amendment DATE: December 16, 1977 As you will recall, the subdivision exemption application for a duplex on Lot 1 of the Brownell Subdivision was tabled by the P&Z at their last meeting. Since that time, the issues are referred to in our December 2nd memo regarding the condominiumization of a fourplex on Lot 2 have become clearer and we are now able to give you a report on the appropriate review approach. Both lots are in the R-15 zone district and Lots 1 and 2 are 6884 and 4939 square feet respectively. A common area is shown on the plat behind Lots 1 and 2. The total area is 5122 square feet and the area is dedicated to the common use of Lots 1, 2 and 3 (Lot 3 also has a duplex on it, but is not specifically part of this application.) Two things are being requested.. First is the condominiumization of the duplex and fourplex on Lots 1 and 2. Second is the rededication of the Common Area to become part of Lot 1. The latter is requested as a minor PUD amendment and is asked because of the proximity of the Lot 1 duplex to the Common Area boundary and the fact that is a logical backyard for Lot 1 because of the nature of the site. Dave Ellis has commented in general that subdivision design standards have been met because it was subdivided pursuant to city regulations in 1972. However, if the request involves rededicating all or a portion of the common area to Lot 1, he feels, and we agree that resubdivision is called for because it is a significant change in the intent and substance of the dedication as provided on the approved plat. If the common area is to be somehow redivided, this involves the addition of a new boundary line which necessarily calls for resubdivision. For these reasons, we recommend denial of the PUD amendment and suggest instead that the common area revisions be processed as a resubdivision to amend both the subdivision and PUD plats. Because all of the conceptual requirements have been met, we would suggest that the P&Z grant an excemption under Section 20-19 a. allowing the resubdivision to proceed only through the preliminary and final plat stages. You should make a finding that granting of the exception to procedures will not adversely affect the public welfare or property in the area. We also suggest that if the applicant pursues the common area revisions, that the condominiumization applications be tabled and considered in conjunction with the resubdivision. This will consolidate review procedures and avoid unnecessary review and procedural overlap on the part of both the applicant and city staff. It will also prevent complications in the condominium plats. If the applicant wishes to pursue only the exemptions and leave the plat as is, it should be done with the understanding that the resubdivision process for common area revision will not be requested at a later date. The applicant has provided information relevant to the moderate income housing impact. Any approvals to condominiumize should recognize and Aspen Planning and Zoning Commission Page Two December 16, 1977 incorporate provisions ensuring no adverse impact in accordance with Ordinance #53, Series of 1977, (included in your packet). At a minimum, the park dedication fee, 6 month minimum lease, and 90 day right of first refusal should be conditions. lmk • GIDEON I. KAUFMAN v4 at Draw Box 10001 1280 UTE AVENUE ASPEN, COLORADO 8161 1 13031 925-8166 December 14, 1977 Ms. Karen Smith City Planning Office City Hall 405 South Galena Aspen, Colorado 81611 Dear aren, This letter is being written to you concerning the compliance of Brownell and Lindner with the new condominiumization policy. The Brownell condominiumization involves one four plex consisting of four two -bedroom units. None of the tenants will be displaced by the conversion. The Brownells intend to sell one unit per year. One tenant has presently agreed to purchase his unit; the other tenants have been given rights of first refusal and their leases will continue to be honored. The duplex involved in the same condominiumization is presently occupied by the Brownells. They intend to continue residing there. The tenant in the other half of the duplex will also continue to reside in his unit. He has a long-term lease; and, as long as the Brownells continue to reside in their half of the duplex, they do not intend to sell the other half. The Brownell condominiumization adheres to the tenant displacement guidelines sought under the new condominiumi- zation policy. In fact, the proposed condominiumization will not currently result in the displacement of a single tenant. The unit to be sold will be sold for $62,000.00, a price within the reach of moderate income parties. The Lindner duplex has not had tenants for a considerable period of time. One unit will be sold while the other unit has been placed under a long-term lease with an option to purchase. The unit that will presently be sold along with an unfinished basement contains approximately 1,300 square feet. It will be sold for under $100,000.00, and owner financing will be provided to the tenant. This condominiumization will also adhere to the tenant displacement guidelines of the new condominiumization policy, as it will not displace or remove low - to middle -income housing. MEMO TO: KAREN SMITH PLANNING DEPARTMENT FROM: DAVE ELLIS Df- ENGINEERING DEPARTMENT DATE: December 1, 1977 RE: Subdivision Exemption Request - Lot 1, Brownell Subdivision After reviewing this request and making a field inspec- tion, the engineering department does not feel any use- ful purpose would be served by full subdivision review for the condominiumization of the existing duplex. Lot 1 was platted in 1972 after full subdivision review. Based upon these findings, the engineering department recom- mends granting the exemption request. jk j M E M O R A N D U M TO: Aspen Planning and Zoning Commission FROM: Planning Office, Karen Smith RE: Brownell - Subdivision Exemption DATE: February 16, 1978 After appearing on your agenda twice last December the Brownell application is coming back to you as a revised application. In order to refresh your memory concerning the background details of this application, we are in- cluding the December 16th Planning Office memorandum. Gideon Kaufman has, however, asked us to amend the application so that it involves the following matters only: 1. A request to condominiumize the four unit apartment building on Lot 2 of the Brownell Subdivision/PUD. 2. A request to amend the Final PUD and Subdivision Plat deleting what is now designated as Common Area and parking and reallocating same partially to Lot 1 and partially to Lot 2. To clarify,the application no longer requires permission to condominiumize the duplex located on Lot 1. As you may recall the Brownell Subdivision consists of three lots, with a duplex on Lot 1, a fourplex on Lot 2 and a duplex on Lot 3. The lots are now 6384.88 square feet, 4939.81 square feet, and 7696.56 square feet respectively with some 5122.83 square feet devoted to common area. The proposed PUD and subdivision plat amendment would delete the common area and createa new Lot 1 of 11,150 square feet,a new Lot 2 consisting of 5795 square feet, and Lot 3 remaining the same. When this plat amendment was first proposed,the City Engineer noted that because there was a boundary line change the resubdivision procedure (full subdivision reviews) would be required. He did however recommend exempting the application under Section 20-19a from the conceptual phase and starting at preliminary plat which would involve a public hearing. The Planning Office tended to agree since a major substantive change would have been involved in reallocating all of the common area for the exclusive use and enjoyment of Lot 1. A finding must be made that the action will not adversely affect the public welfare or property in the area. The revised plat submittedto us this week reallocates only part of the common area to Lot 1 and part to Lot 2. Lot 3 will no longer benefit by the open area. Theoretically the common area was to have been used for all 3 lots but the applicant argues that practically it is used only by Lot 1. The new plat also shows parking for each lot. The plat is now being reviewed by the Engineering Department. The applicant wishes to be exempted from not only conceptual but preliminary plat phase as well. This would mean that there would be no public hearing. We are awaiting comment from the Engineering Department as to whether they think this appropriate because it is contrary to their first recommendation. In any event, your decision should be based on whether the public interest and private property in the area will be jeopardized by waiving the public hearing. Part of that decision is a determination of how great an impact will be felt by the loss of common open area; part of this should be based on Engineering's comment as to whether the plat revisions are technically correct and do not create further problems. The question of condominiumization of the fourplex should be considered in conjunction with the plat amendment. If you determine that the plat amend- ments require processing through the preliminary and final plat stages, then condominiumization approval should be considered at the same time. The reason for this is that you want to know what the new configuration of Lot 2 will be before approving condominiumization. Otherwise it may be processed as an exemption. 0 • �!�(C�y Aspen Planning and Zoning Commission Page Two February 16, 1978 Again we attach the applicants data relevant to Ordinance 53. We have asked the Housing Director to comment but preliminarily it appears that the arrangement offered minimizes the likelihood of tenant displacement. So in summary there are several questions before you: 1. PUD and subdivision plat amendment to delete common lot area and reallocate to lots one and two. 2. Whether to exempt the above from full subdivision procedures and whether to start at preliminary plat (with a public hear- ing) or exempt from preliminary too. 3. The condominiumization of the fourplex whether by subdivision exemption or full subdivison;'Compliance with Ordinance:53.. •CITY OF ASPEN if MEMO FROM KAREN SMITH 5-13-7r &Wza" A-mv-� cud 2�r�1 Ccu�Ghm1 (2. 14 <P�j till! �'� CJ • GIDEON I. KAUFMAN v4 at �ew BOX 10001 1280 UTE AVENUE ASPEN, COLORADO 8161 1 (303) 925-8166 December 12, 1977 Ms. Karen Smith Planning Office City Hall Aspen, Colorado 81611 Dear Karen, HAND DELIVERED I am writing this letter to you concerning the amendment of the Brownell PUD Subdivision. Two changes are contemplated, neither of which alters the intention of the original PUD plan. It is my desire to delete from the PUD Map the requirement that open space be reserved for future parking for Lot 3 of the Brownell Subdivision. The above named reservation contemplated additional development on Lot 3. However, the zoning for Lot 3 has been changed, and no future development will be allowed. In addition, the reservation for parking in the common area was for five (5) years and, as such, automatically terminated on June 5, 1977. I further intend to consolidate the common area with Lot 1. The common area was originally required so as to both provide future parking and to prevent the creation of a new substandard -sized lot. Neither of these concerns will be altered by our PUD amendment. David Ellis has examined the property and understands the need to include the common area with Lot 1. The common area has been, and it is our hope will continue to be, the back yard for the duplex located on Lot 1. I believe our requested amendment to the PUD plan meets the re- quirements for an amendment under §24-8.26. I have talked with both Dorothy Nuttall and David Ellis,- and neither anticipates any problems with my request. Sincerely, Gideon Kaufman GK ch �� fie: � - .��.�� -t2- 44)4z4, • -b ��w � r C. ; I 0 4A • • GIDEON I. KAUFMAN A�Wj at %"' BOX 10001 1280 LITE AVENUE ASPEN, COLORADO 81611 (303)925-8166 January 20, 1978 Mr. Bill Kane Planning and Zoning Office 130 South Galena Aspen, Colorado 81611 Dear Bill, Pursuant to our conversation of yesterday, I am writing you this letter to clarify the Brownell application in regards to condo- miniumization, P. U. D. amendment, and exemption from subdivision. In my meeting with Dave Ellis and Karen Smith, it was determined that the Brownell four-plex would qualify for exemption from subdivision in its conversion to condominium units. The question of this conversion compliance with the new ordinance 53 has been addressed in a letter to Karen dated December 14, 1977. I will, therefore, address at this time our request for an amendment to the P. U. D. plat as well as an exemption from subdivision. Con- dominiumization, P. U. D. amendments, and exemptions from sub- division will be processed simultaneously per our understanding and per my conversation with Dorothy Nuttall, the City Attorney. Two changes to the P. U. D. Map are contemplated, neither of which alters the intention of the original P. U. D. plan. It is my desire to delete from the P. U. D. Map the requirement that open space be reserved for future parking for Lot 3 of the Brownell Subdivision. The above named reservation contemplated additional development on Lot 3. Zoning changes will no longer allow that. In addition, the reservation for parking in the common area was for five years and, as such, automatically terminated June 5, 1977. The second change contemplates the consolidation of the common area with Lot 1. The common area was originally required in order to prevent the creation of a new substandard -size lot. These concerns will not be altered by our P. U. D. amendment. Dave Ellis has examined the property and understands the obvious need to include the common area with Lot 1. The common area has been and will, hopefully, continue to be the back yard for the duplex located on Lot 1. There are • C� Mr. Bill Kane January 20, 1978 Page Two only five feet between the back wall of the existing duplex and the common area. To allow others unrestricted use of the common area, which is so close to their home, would create a hardship for the Brownells. In addition, the inclusion of the common area with Lot 1 will create no significant change in use or character. The land will continue to be open space. We feel that the City Council and the I' Z, per 24-8-20', should allow these amendments, as it has been shown that changes in conditions have occurred since the final plat was approved; and changes in community policy which would justify our request to change have taken place. We would further request that, under section 20-19 of the Aspen, Colorado,subdivision regulations, an exemption be granted from the definition of the term subdivision with respect to the addition of the common area in with Lot 1. This application involves the consolidation of property; and we feel 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 develop- ment of the City of Aspen to ensure the proper distribution of population to coordinate the need of public services and to en- courage well planned subdivision. The granting of this exemption will not undermine the intent of the subdivision regulations, as it is clearly within the area intended for exemption under section 20-19. No additional building will be done. There will be no change in density, which is presently in line with the desired population density for the property. This application will, therefore, fully conform with the requirements for an exemption from subdivision. If any additional information is needed by the Planning Office concerning this application, which will be heard by the P & Z on February 7, 1978, kindly contact me. Sincerely, Gideon Kaufman GK ch M E M O R A N D U M TO: Aspen Planning and Zoning Commission FROM: Planning Office (KS) RE: Brownell Subdivision Exemption DATE: December 2, 1977 Lois and Richard Brownell have applied for subdivision exemption in order to condominiumize a duplex located on Lot 1 of the Brownell subdivision. Lot 1 is located on King Street near the junction of Gibson Avenue and King. The zone district is R-15 which requires a lot of 15,000 square feet for a duplex (if alerady subdivided) and the lot consists of 6,884 square feet. The application is part of a larger one that involves the entire Brownell Subdivision consisting of two duplexes and a fourplex. In order to condominiumize the fourplex, the applicant has requested conceptual subdivision approval. Dave Ellis has reviewed both parts of the application and requested that P&Z not consider the four-plex at this time. Because of some peculiarities involved, he believes it will be necessary to amend the final PUD and subdivision plat. However, he also believes that this may be able to be accomplished as well through the exemption route. You will see that at a later date. So, in the case of the Lot 1 duplex and consistent with the comment of the City Engineer, the Planning Office recommends approval of the exemption request. Lot 1 was platted in 1972 and underwent full sub- division review at that time. The exemption should be conditioned on: 1. 6 month minimum lease 2. 90 day right of first refusal to existing tenants 3. payment of the appropriate park dedication fee prior to recording 4. drafting of an exemption agreement prior to recording (The latter 2 conditions should require Plannin Office sign -off prior to recording. Se Lindner memo for explanation.g} lmk � gee .-y.sg ....a..a.. .� ,�,.,+•.,.o �vx^• 1306 Regular Meeting, Aspen City Council, 5/8/72 & 7}w~ �,t Councilman Comcowich stated he did not feel the City should be in a position to carte blanc transfer licenses. Feel that once this policy is clear, perhaps landowners will look closely into what their tenants are doing. Mr. Veeder, Finance Director, stated the bill represented about 3-1/2 months of electricity. Further stated the City does have legal recourse to collect the amount by putting a lien on the i property. Councilman Comcowich suggest the City write off a third of the bill; Mr. Lebby pay 1/3rd of the bill and Ms. Kelleher pay 1/3rd. Attorney Kern stated the Council would not be setting any precedent by doing this. Mr. Lebby-stated he would agree to pay 1/3rd. Mayor Homeyer colsed the public hearing. Councilman Comcowich moved to approve the transfer of the license to Mr. Lebby conditioned upon settlement of the outstanding utility bill. Seconded by Councilman Walls. Roll call vote - Councilmen Comcowich aye; Griffin aye; Markalunas aye; Walls aye; i Mayor Homeyer aye. Motion carried.. Brownell Sub and Brownell Subdivision and Approval of PUD Outline Development Plan - Approval of PUD Mayor Homeyer opened the public hearing. City -County Planner, Outline Develop- Herb Bartel, briefly outlined to Council the history of this ment Plan i subdivision. Planning and Zoning Commission denied the initial subdivision plat i (4 lots) on the grounds that the lot patterns were inadequate and building placement was not.proper. Planning and Zoning i` recommended the Brownells prepare and outline Development Plan I for PUD which has been done showing 3 lot subdivision. The long thin lot shown on the lat has been redrawn and is n are_ at w serve A x arino c111T �W _ h e _l,ex_an the new structure ! The Parvision which is ad�aceut has dedicated a 60' ri ht-of-wa alon Cibson A en e, so the Planning and Zoning r uested t e Browne s to o lit:ewise. Planning and Zoning made an exception to allow the right-of-way to be utilized under the land square footage requirement since 72 lots would be 4/10 of a unit short. n order to make t e PUD work the Planning and Zoning recomm a o�p ex rather than 2 duplexes which ques on is now efore the Board of Adjustment. The R.MF area will require approval of the site plan when developed. Mr. Reser, surveyor, stated the applicant is giving up 2% of the land for the right-of-way. Mr. Bartel stated the Council needs to make a decision today on approval or disapproval of the R-6 PUD conditioned upon approval of the fourplex. The Brownell's have agreed and Planning and Zoning recommends the 4% requirement be met on a cash basis. Suggest checking land sales in the area having the same zoning then negotiate with the Brownell's on the amount to be paid rather than having an appraisal made. t Mayor Homeyer closed the public hearing. Councilman Griffin moved to approve the subdivision conditioned upon getting the estimates from the realtors and working out an agreement with the Brownell's; approve the R-6 PUD Outline Development plan and tentative rezoning to PUD R-6 and PUD RMF. Seconded by Councilman Comcowich. Roll call vote - Councilmen Markalunas aye; Griffin aye; Walls ave; Comcowich aye; Mayor Homeyer aye. Motion carried. Regular Meeting, A Design Conference Street Closure J. R. Williams Annexation MaV 2.1, i,)/;, tr 110meyer and ;emodeling, will t•I,, litil; Inspector's ;ng. Remodeling Andy,., ;eported they are t Department. straightened out in a couple of t for a closure. :he Sanitarian.* Wheels illouse !ported all I�tarbogr :ept the floor l Tian check this ! he had taken down Spector to check i Lve stated the Magic [, tg on the splash I taken care of, til guard is :)uncil informed otel j, lepetto , Ibanny's The Gal ompliance. Blue Y e what is required, wises and every- Aspen May 30, 1972 yhletic Association. !men Scott Nystrom, nt City/County eager Faye Ward and Teen' :o Council. following reasons nwould rather ski, and younger teen- scter; lack of xt center is used e gettin;; the 18 , hr center after 2:00 a.m, and r a restaurant mp; a restaurant Spec•inl. Meetinl; Aspen City Council May 30, 1912 (:ouncilmau Comeowlc•h moved that. the Tccn Ccnt,•r he t-cmporarily di:eontinued unless the present teen beard and nunW,•,er wishes to cunt inns• for the suuun,•r as pt-esent Iv f unc-t (enrol; or unless the teen board ccnneS up with it conq+rill it'll sive prop,raul for the LOMAS(S (with the absence of local interest) with an appropriate board and proc,rant designed to provide tourist teenagers program .md facilities and the program be acceptable to the City Council, Seconded by Councilman Nystrom. Roll call vote - Councilmen Comcowich aye; Nystrom aye; Walls aye; Mayor lionteyer aye. Motion carried. Mr. Tom Wells was present and request permission to keep the street closed as a tctr orary mall for the entire desi,tn conference (one w,•ek). Council rcquost Mr. [dolls submit to Council a proposal including; what percentage of shop owners have agreed to the clost:rc. •leticl!Mr. Bruce Oliphant request from Council a lease for the land at the golf course for a rst !period of three years in order that the Association could amortize their costs in pre- paring the field. Council agreed to contract with the Association by way of a letter giving permission on a year to year basis. I, (equest;City Engineer stated he could not agree to the proposal for fencing since the City has a Iskiers easement in the area. Mr. Bartel stated he could not go along with a chain link fence. City Manager Wurl stated his concern that once a public property becomes fenced jin, it does not have the sense of being for public use. Council expressed strongly their concern, that if the request is granted it be open for public use. IMr. Bartel further stated his concern that this total site be reviewed as to its historic significance and this area is also being reviewed as relates to the over all transpor- !tation proposal. Suggestion was made if the City provides the land for the volley ball courst, the (Association should provide the equipment for public use. Also suggested, the City provide !the volley ball courts and open them for public use. Question was raised that if at sometime the land reverts back for City use, is this the right location for volley ball !courts under the City's over all recreation program. i Association concerned that they be able to amortize their investment of $750.00. Would 1I'like to request a 5 year lease of the land. !!Councilman Comcowich moved to instruct the City Manager to work out a proposed lease '!based on three years with the Aspen Athletic Association along the lines of Council discussion. Seconded by Councilman Walls. All in favor, motion carried. City Engineer request he be contacted for Eupervision during say €:rac'ir,g c: r::. ✓at: , in this area. Councilman Walls moved to adjourn at 7:410 p.m,, seconded by Councilman !ystror.:. All in favor, meeting adjourned. Lorraine Graves, City- Clerk Re�cular ?tcetin;; —_ . ____._----•-- .:._ -, Con::c'------ ---__ ___.�.�__�::. �--- o Meeting was callud to o^d,-r by Mayor Eve Horaever at 4:30 p.❑,, with Councilmen Scott Nystroa:, William Comcowich, Ross Griffin, Ramona Mdrkalunas, Jack Walls, Francis Whitaker and Finance Director Dennis Veeder. Councilman Walls moved to approve the minutes of May 23rd and 30th as prepared and mailed by the City Cl.c 4. Seconded h? Councili:•r, Griffin. All in favor, motion carried. City Attornev Albert Kern av�! City Manager Leon Wurl arrived. 1 City/County Planner submitted the final plats and reviewed with the Council. the recommen- dations of tb,• Planning & Zoning Commission (June 6, 1972). Appraisal prepared by Roy Vroom was submitted outlining the following: R-6 area $22,000; RMF area $15,392.00. Attorney Art Daily reported he felt the appraisal was based on present zoning without improvements. Further request the Council consider requiring the 4% monies be paid as follows: 4% on the R-6 area and 2/5th on the RMF area since this will not be developed at- rl,a� «,_ ._-„ not to establish a precedent of accepting partial payment. �I i Q III . �.Y ..r_ .•. .f n.. •i4iN•. n.a. .. �. ii �C�3<• � _�... � ..)..A..v 1..Y &..:+w... ....Mw..�,.. � ,.. .ate• y. - .. 1318 _ gggglar Meeting Aspen City Council-s__JunT e�12-1972 Rc ular Meeting Councilman Whitaker moved to approve the final subdivision plan with the exception that an improvements agreement for Gibson Avenue not be required under the subdivision Lf r,:nriln,an Whitaker v regulations but improvements be required under the building permit. Seconded by Council_ „ uutitG.d. S.•c-ondrd man Comcowich. Roll call vote - Councilmen Whitaker aye; Walls aye; Markalunas aye; G:, to c",nflict of inter. - Griffin aye; Comcowich aye; Nystrom aye; Mayor Homeyer aye. Motion carried, .riffin aye; Markalin Councilman Whitaker moved that the 4% contribution be required accordin^. to the City Engineers recon:; established valuation of $37,392. Seconded by Councilman Nystro,o. Roll call vote - r sidewalks for Dean Si study is subui Councilmen Markalunas aye; Griffin aye; Walls aye; Comcowich aye; Whitaker aye; lion Nystrom aye; Mayor Homeyer aye. Motion carried. Councilman Whitaker Councilman Whitaker mr:-,' t•, r,-zone t',r R-<: -ortin-i contr.inin•q lot: 1 and ^ and commons for the money for iir� Seconded by Councilau area to R-6 PUD. `'c,.• ' 1. :., it :n Co:.:••.ich. Rol-- _.ill vote - Counctlmc-n aye; Grif] Markalunas aye; Crii; `. . ( ; . 1!5 aye; Cor,c„,.-jich aye; 1Jl:iLai'er aye; Nystrom aye; ^.,rkalunas Mayor Homeyer aye. Motiwi c,rcied, carried. Petiitioca submitted June 5th aril on file with City Clerk. Planner &artel reviewed i City Engineer to Sufi+ with the -Council rvv,,:_ ndari.:4 of the Planning and Zoning Commission (June 6, 1972 Sanitarian Kinkade in m^"_uute-.). 1' & Z recce.• ids ;;w,.xation. Council discussed access to the property from Gave brtW the hi.!:;a, sand curb cuc:. property. the next regular met' Council .r:nt.d their di +s:ati -± ,etion with t1,e recommendation from the P & 7- wbi.ch did Plan was submitted_ not ir. lrn:,- 0,pir reco% >^.r ,a i,rn on what is proposed for the site etc. Council held harmless, also, su^ cst I'lis be reicrrod I'ack to the Planning and Zoning Commission for recommendation 1 be done about the ex on parki..; and curb cuts, Councilman Whitaker moved to continue this item till the next meeting. Seconded by - Representative was F Councilman Comcowich. All in favor, motion carried. 6 days. Council stag scaping plan and sil City Manager Wurl request clarification from Council on what they desire as a recommen- closure. dati:gin fr.,. the P & Z Commission. Council request the P & Z give -full scrutiny to Councilman Griffin r all annexation i.e. whats proposed for the site following annexation. plans at that time . _...�d showing p-os('nt utility easements on the property. Easements estab- favor, motion carria i_ `. •�•'• rtreets :and aI!evs vacated in 1957, agreement allowed for building over R•• . City Manager Wurl s, t:ie •__; ..,,..ts until such time as the City desired to exercise the easements and then would be the property owners expense to move the utilities, as follows: Close been planted; let tI Charles Gilkey, City Engineer reported there are existing utility easements on 8th budget in 1973 for Street and in the alley, agree with this request. Request also included deeding to 8th t !j Mr. Bruce Oliphant the City a portion of land at the intersection of Hallam and Street. they would be willi Council request the proper documents be prepared to accomplish the request including ; reimbursement, not also a sideline easement restricted to underground utilities. Council to consider I! Councilman Griffin at the same time as annexation. budget time Council Hotel Jerome - Jo Ann Timba was present and stated all points have been cleared up. Liq possible reimbursme Council request the Sanitarian follow this up and report to Council. Intrr• 'Nystrom aye; Comcow -Mayor Homeyer aye. Gepetto's - Member of the corporation was present and stated when the violations occurred the restaurant was under a management agreement, which no longer exists. Presently State form was sub by Councilman Markse in the process of remodeling the premises, � � i;aye; Griffin aye; C Gallery - Sanitarian reported the violations were connected with the upstairs operation, i ahle'Council questioned the downstairs managers have now taken over .the upstairs operation. Council request Wurl reported this a follow up report be given to Council within 15 days. are so restrictive. • Danny's - Sainitarian reported they have complied with all violations. councilman -Walls me Remodeling form required by state submitted. Council informed the applicant, permission � T b ` Roll call vote - Ct Markalunas aye; Gri has to be obtained prior to remodeling. Councilman Comcowich moved to approve the request. Seconded by Councilman Griffin. 'ill Plan was submitted Roll call vote - Councilmen Nystrom aye; Comcowich aye; Griffin aye; Markalunas aye; shown, agreement E Walls aye; Whitaker aye; Mayor Homeyer aye. Motion carried. approve the closur, place this summber Request to serve liquor in the hasement area. City Attorney stated a certificate of by Councilman Nyst oc•c•uranev would have to he: issued prior to any selling of liquor in this area. Councilman Griffin moved to table this request until the applicant can be present. ' Councilman Walls in Seconded by Councilman Comcowich. All in favor, motion carried. i call vote - Counct Whitaker nay; Mayo City Manager Wurl reported he has applied to the hoard of Examiners and Appeals. Councilman Whitake ' Markalunas. All 1 carried. I.Ptt'Prs to sorve were submittv(I from Barbara Me Loughlin and Florence Glidden. �I Councilman Markaaluna4 to contract these memhcrs of the Historical Society who are i Council stated the intvrestod In sorving. Tabled till next meeting, were not submittal 'z,5-- 7._III Niue Allis ------------ � bf; C /IQ 4ret .__ iFEE SCHEDULE • (Subdivision, Exemption from Subdivision, Rezoning, Park Dedication) Name of Project: Brownell Condominiumization Address: Lot 1, Brownell Subdivision, Aspen Applicant's Name: Lois and Richard Brownell Phone: Applicant's Address: P.O. Box 1477, Aspen FOR ZONES WHICH ARE R-15, R-30, R-40, RR and CONSERVATION the Subdivision Fee Formula is as follows: X Conceptual - $120.00 Preliminary Final $100 + $5.00/dwelling unit $22.00/dwelling unit $3.00/dwelling unit FOR ALL OTHER ZONES the Subdivision Fee Formula is as follows: Conceptual $100 + $60.00/acre of land Preliminary $280.00/acre of land Final $35.00/acre of land �( EXEMPTION FROM THE DEFINITION OF SUBDIVISION FEE: $50.00 REZONING APPLICATION FEE: $125.00 (once a year) PARK DEDICATION FEE SCHEDULE W C0(il) OF f^:^CCi=C�{11 t1S lf_ Llvvcs current market value of a percentage of the land proposed as the development site, the percentage of the laud being determined at the rate of two and one-half (2'1) acres for every one thousand (1,000) residents of the proposed developmcnt•(that is, the number of residents multiplied by twenty-five tell thousandths (.0025) of an acre per resident). The number of residents attributable to the development shall be calculated in the following manner: _Type of Dwelling Number of Residents Per Dwelling unit Hulti-Family studio 1.0 one bedroom 1.3 two bedroom 2.7 three bedroom 4.0 and 1.3 for each additional bedroom Single Family or Duplex one bedroom 1.3 two bedrecm 2.7 three becrocm 4.0 and 1.3 for each additional bedroom A duplex structure shall constitute two dwelling units for the purposes or this subsection. (3) An exa-plc of the application of the above formula is as felloo:s, assumimt the construction of one sIn(tle f,:nily resi,+.ence containin t twobcdro.,:,s on a lot contain:nq 15,000 .:•luar0 Loci with a market value of $65,000.00 (or $4.33 per Square foot): 2.7 (2 bedroom - 2.7 residents) x 0.0025 acres x 43,560 (square fret pot acre) x $4.33 (mar- ket t•.tlue of 1.111,1 per squats' toot) _ $1,273.15 (b) Unir,proved land ::hall be appr.tir.e,l at the current r:irrvt. v.ilu" of the r.itr in,111dimt it:: value atitibut;,hl,• to curb,yuttrrs, stt,et, ..i,lew.tlk nn,l ulilltt, . it t::•.I.rll,•,? en the t!.it, of la, It is .n,,n,•r. 1. ,r, v,r 1 I,tn.1•: .,h.tl1 la .tl,l,t r,i nr,littr. to then hi,ihr:.l ,u:,l b,•:.L u•.,• t.,Ltn•1 tnLo „n:.a,l, t.,- tI'm .\i.-I in•1 •ttu, tnr, w!"thet „ nnl they .n, conformin,l. M.irL,-t v.tluo u,, y b,• :sub:.t,tnt late,l by a ducuutontod putchast• price (if an alm's luttgth It tan•.a, i ion rt„t r,,,r, t.h.ul two ye.r1:. n)d) of l'y .rny otict•r rccugni'red 1:11•anS; ,11ovidod th.rt .t::::r!.::ed Val u.ttirvt .•hall t,:,l h,• tel1-1 (at ,u: evi(len,r• ut (current r. ,stet value. In the• evrnt the C•tty an,l 0 • APPLICATION FOR EXEMPTION FROM SUBDIVISION REGULATIONS Request is hereby made on behalf of LOIS BROWNELL and RICHARD BFCWNELL (hereinafter referred to as applicants) under Section 20-19(a) of the Aspen, Colorado, Subdivision Regulations, for an exemption from the definition of the term "Subdivision" with respect to the real property described as: Lot 1 Brownell Subdivision Aspen, Colorado 81611 It is submitted that an exemption in the case would be appropriate. The application involves subdivision of an existing duplex. A sub- division of one lot with a duplex on it creates conditions whereby strict compliance with subdivision regulations would deprive the applicants of the reasonable use of their land. If an exemption is granted, the owners of the property will have a common interest in the land and there will be a condominium declaration and maintenance 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 insure the proper distribution of population, to coordinate the need for public services, and to encourage well planned subdivision. 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 Section 20-19. The building is already in existence, and there will be no change in density which is presently in line with the desired population density for the property. The applicant would appreciate your consideration of this application at your next regular meeting. Very truly yours, Gideon I. Kaufman Attorney for Lois and Richard Brownell DATED THIS �� `� day of October, 1977. 0 • GIDEON I. KAUFMAN v�, at �tw BOX 10001 1280 UTE AVENUE ASPEN. COLORADO 81611 (303) 925-8166 October 14, 1977 Planning and Zoning Conani.ssion and City Planning Department Aspen City Hall 130 South Galena Aspen, Colorado 81611 Attention: Karen Smith DATE RECE-k",I . D P,e: Brownell Conda-ninitmis/Four Two -bedroom Condominium Units Already Constructed Situated on Lot 2, Brownell Subdivision, City of Aspen Dear Karen, Enclosed herewith are ten copies of a conceptual plat presentation and ten copies of the requisite title evidence respecting the above project which is presently fully constructed, occupied and in place on the property described in the conceptual plat plan and evidence of title. Per my conversation with Dave Ellis, the enclosed plat will suffice for conceptual presentation. I am submitting this matter in accordance with requiremnts of conceptual presentation under Section 20-10 of the Municipal Code of the City of Aspen. Enclosed is a check in the amount of $120.0p the processing fee for this application. I look forward to answering any questions or responding to any comments which the planning staff, engineering department, or planning commission might have. I will be attending any hearing held on this matter. Sincerely, AIA- p Gideon Kaufman GK ch Enclosures cc Bud Brownell O',1LdEF LD AND LILT: CEP T IP'IC? TE' 77-10-29 • TO WHO'4 TT MAY CO:,frER',I: ASPEN TITLE COMPANY hereby certifies that the folloWing document (s) constitute copies of all of the instruments on record in the office of the Recorder of Deeds of the County of Pitkin, Colorado, Showing the persons who appear to have acquired an interest of record affecting the title to the following described real estate located in said County of Pitkin, Colorado. LEGAL DESCRIPTION: Lots 1 and 2 . BROWNEL SUBDIVISION according to the Plat filed in the Records of the Clerk and Recorder of Pitkin County, Colorado, in Plat Book 4 at Page 258. Pitkin County, Colorado FEE SIMPLE TITLE IS VESTED IN: RICHARD BROWNELL and LOIS BRO14NELL LIENS Deed of Trust from Richard Brownell and Lois Brownell to the Public Trustee of Pitkin ' County, Colorado for the use of N.A. and Sylvia Dossigny and Orest E. and Amelia Gerbaz, to secure'$12,000.00, dated May 10, 1968 and recorded May 17, 1968 in Book 234 at Page 677. Deed of Trust from Richard Brownell and Lois Brownell to the Public Trustee of Pitkin County, Colorado, for the use of Orest E. Gerbaz and Amelia Gerbaz, N.A. Dossigny and Sylvia Dossigny, to secure $29,000.00, dated June 15, 1972 and recorded June 20, 1972 in Book 264 at Page 577. EXCEPT all instrurnients appearing to encumber said property which have been released or satisfied; and E`,10EPT general entries or documents which do not appear to affect adversely the interest of the present apparent owner. Su3bsequent to November 13, 1964 this Certificate is for tho use and benefit of: „SIDEON KAUFMAN 140TE: Although we believe the facts stated herein are true, it is understood and agreed that the liability of ASPEN TITLE COLIPANY will be limited to the amount of the fee charged here -nder. Dated this 21st Day OCTOBER 19 77 , at 8:00 A. Psi. ASPEN ` I` LFE COi•:P 1NY C By .r • !�X4;;c corded at 1:57PM April 11, 1979 Loretta Banner Recorde` r Reception Nd?-1-3 4 8 =366 ; 4V STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION WHEREAS, RICHARD R. BROWNELL is the owner of a parcel of land located in Pitkin County, Colorado, more particularly described as follows: Lot 3, Brownell Subdivision, City of Aspen, and WHEREAS, RICHARD R. BROWNELL (hereinafter referred to as "applicant") has an existing duplex located on Lot 3, Brownell Subdivision, City of Aspen, County of Pitkin, State of Colorado, and WHEREAS, the applicant has requested an exemption from the definition of subdivision for the purpose of subdividing the existing duplex through condominiumization, and WHEREAS, the Aspen Planning and Zoning Commission, at its meeting held on the -1-*AJ day of � , 1977, determined that an exemption from the definition of subdivision is appropriate and recommended that the same be granted, and WHEREAS, the City Council determined that the subdivision of the existing duplex through condominiumization is not within the intent and purpose 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 Lot 3, Brownell Subdivision, City of Aspen, County of Pitkin, State of 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 definition', of such action, provided, however, that any existing tenants be given written notice when their units are offered for sale, =366 ► ,uL423 which notice shall specify the sale price. Each tenant shall have a ninety- (90) day option to purchase this unit at this price. In addition, each tenant shall have a ninety- (90) day exclusive non -assignable right of first refusal to purchase his or her unit, which shall commence when a bona fide offer is made by a third person and accepted by the owner. In the event that such offer is made while the ninety- (90) day option is still in effect, the tenant may purchase the unit for the amount of the initial sales price or the amount of the bona fide offer, whichever is less, and provided, however, that all units shall be restricted to six- (6) month minimum leases with no more than two (2) shorter tenancies per year. Dated: April 1979. , III, MAYOR ITV �•',� -2- 3C ^corded at 1:56PM April 11, 1979 Loretta Banner Recorder Reception No. A17. =366 20 4-1P_jX_ DECLARATION OF COVENANTS RICHARD R. BROWNELL (hereinafter referred to as "covenantor") for himself, his successors and assigns hereby covenants with the City of Aspen, Pitkin County, Colorado, that: 1. Covenantor is the owner of the following described property together with the improvements thereon: Lot 3, Brownell Subdivision, City of Aspen, County of Pitkin, State of Colorado (hereinafter referred to as the "property"). 2. At the time Unit 1 or Unit 2 is offered for sale in whole or in part, the tenant or tenants, if any, shall be given notice of such offer together with the offered price. Each tenant shall have a ninety- (90) day non -assignable option to purchase Unit 1 or Unit 2 at the price stated in the offer of sale. 3. At the time a bona fide offer to purchase is made and accepted, the tenant or tenants, if any, shall have a ninety- (90) day exclusive non -assignable right of first refusal to purchase Unit 1 or Unit 2. In the event that such offer is made while the ninety- (90) day option is still in effect, the tenant may purchase the unit for the amount of the bona fide offer or offered price, whichever is less. 4. The covenants contained herein are to run with the land and shall be binding on all parties and all persons claim- ing under them for a period of five (5) years. • =366 f,LA21 IN WITNESS WHEREOF, this Declaration has been duly executed this /'"'day of 1979. Richard Brownell STATE OF COLORADO ) ss. COUNTY OF PITKIN ) AcknowledgeA, subscribed and sworn to before me this day of 1979, by Richard R. Brownell. `My commission expires: V��`�-, L`�'4P'4itness my hand and official seal. ';��. •,r - �,.�`, Notary -Public �"""` enrrr'trs�►'`� ACCEPTED AND APPROVED: Attest: THE CITY OF ASPEN /t4 � By. Caw ecretary -2- .- - �j ftc* c <�r lb 0 APPLICATION FOR EXEMPTION FROM SUBDIVISION REGULATIONS Request is hereby made on behalf of LOIS BROWNELL and RICHARD BROWNELL (hereinafter referred to as applicants) under Section 20-19(a) of the Aspen, Colorado, Subdivision Regulations, for an exemption from the definition of the term "Subdivision" with respect to the real property described as: Lot 1 & Lot 3, Brownell Subdivision, Pitkin County, Colorado It is submitted that an exemption in the case would be appropriate. The application involves existing duplexs. A subdivision of lots with duplexs on it creates conditions whereby strict compliance with subdivision regulations would deprive the applicants of the reasonable use of their land. The owner will continue to live in one unit. There will not be any increase in the land use impact of the property. An exemption in this case will not conflict with the intent and purpose of the sub- division regulations which are directed to assist the orderly, efficient, and integrated development of the City of .Aspen, to insure the proper distribution of population, to coordinate the need for public services, and to encourage well -planned subdivision. 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 buildings are already in existence, and there will be no change in density which is presently in line with the desired population density for the property. The applicants would appreciate your consideration of this application at your next regular meeting. Very truly yours, Gideon I. ufman Attorney for Lois Brownell and Richard Brownell, Applicants DATED this 28th day of June, 1978 M E M O R A N D U M TO: Aspen City Council FROM: Richard Grice, Planning Office RE: Brownell Duplexes - Subdivision Exemption DATE: November 21, 1978 In your packet you will find the original letter requesting subdivision exemption and a couple of additional letters which were requested by the Planning Office for clarification of the application's compliance with Ordinance #53. The request is to condominiumize two duplexes which are located on lot 1 and lot 3, Brownell subdivision. Lot 1 of the Brownell subdivision is zoned R-15 and lot 3 is zoned R-6. Due to the fact that this application was in process at the time of the moratorium, it needs to be reviewed under the criteria of Ordinance #53. The application was referred to the City Engineering Department which comments as follows: "the engineering department has just recently reviewed the amended plat and PUD for the Brownell Subdivision, how- ever, there is one item which we would like to see implemented as a condition of approval for this subdivision exemption. That condition would be to have the fence which is errected approximately 20 feet in lot 3. vie to an roper y line amendment re ws since the amendments dealt primarily with lots 1 and 2 and not t 3. The fence as constructed creates a very tight turn on Gibs d Park Avenues, and obstructs access by t artment to a re hydrant." The application and additional letters of clarification regarding Ordinance #53 were referred to the Housing Director whose comments are attached. The applicant is attempting to illustrate minimum ten- ant displacement by committing two of the four units (one of which is owner occupied) to the PMH guidelines for a period of five years and by signing new one year leases recently, which hold the other two rental units in their present state for a period of one year. Mark, however, does not feel that this represents minimum tenant displace- ment and suggests that a PMH commitment on all three of the rental units for a period of five years would be more appropriate. The Planning and Zoning Commission reviewed the application at their regular meeting on November 7 and recommended you approve the exemption subject to the preparation of an agreement satisfactory to the City Attorney restricting two units to current rents plus the annual PMH escalation for a period of five years and prohibiting the sale of these two units for five years. In view of the considerable difficulty we have experienced in adminis- ering Ordinance #53 evenly and fairly, the Planning Office recommends your approval of the compromise described by the P&Z. sr • GIDEON I. KAUFMAN Atowj at %,,, BOX 10001 1280 LITE AVENUE ASPEN, COLORADO 81611 (303)925-8166 Richard Grice Planning Office 130 South Galena Aspen, Colorado 81611 Dear Richard: July 18, 1978 I'm writing this letter to address the Brownell condominiumization's compliance with Ordinance 53. The sub- division application involves the condominiumization of two existing duplexes. The first duplex is located on Lot 1, Brownell Subdivision. Richard Brownell has occupied that unit for the past seven years and will continue to do so. The other unit is occupied by a tenant who has been there for a number of years and will also remain in residence. By virtue of Mr. Brownell's continued residence in his unit, there will be minimal tenant displacement and he is willing to offer assurances that the tenant will be offered a Right - of -First Refusal and given an opportunity to purchase the unit. It is not contemplated at this time that the unit will be sold within the next 18 months. There is a duplex located on Lot 3. There are no present plans to sell this particular duplex. As a result of the Brownell divorce, the assets of the parties have been allocated and slit and it is necessary to do this by way of condominium- ization. To insure that there will in fact be no tenant dis- placement at the present time, Mr. Brownell is willing to assure that he will not sell either unit for 18 months. Again, I think if you examine this in light of the intent of Ordinance 53, you will find that this condominiumization complys with the intent of the Ordinance. If you have any questions on this matter, please feel free to contact me. Sincerely, Gideon Kaufman GK/gg GIDEON I. KAUFMAN 0 Box 10001 1280 UTE AVENUE ASPEN, COLORADO 8161 1 (303) 925-8166 October 20, 1978 HAND DELIVERY Mr. Richard Grice Planning Office City of Aspen 105 South Galena Aspen, Colorado 81611 Re: Brownell Condominiumization Dear Richard, Per my meeting with Ron Stock and you concerning the Brownell condominiumization, I am writing this letter to memorialize my proposal for the Brownell condominiumization and its compliance with Ordinance 53. The Brownell condo- miniumization was exempt from the condominiumization mora- torium and the new condominium policy to be adopted. It is, therefore, my contention that the Brownell condominiumization should be treated in the same manner as previous condo- miniumizations. Every condominiumization presented to counsel under Ordinance 53 has been approved; and, as a result, a new approach is being sought. Many of the condominiumizations have been approved despite a direct reduction in low and moderate housing and despite tenant displacement. Under the past policy, there have been numerous attempts by land owners to rid their property of any tenant prior to the condominiumization. In effect, the old ordinance rewarded those who accomplished what you were, in effect, trying to avoid. Mr. Brownell has not played this game. Mr. Brownell has been un front and honest in his dealing with you and his tenants. He has just rerented his units for one (1) year despite the obvious advantages to do otherwise. It troubles me deeply that a posture has been taken that rewards those who circumvent the ordinance and penalizes those who are up front with the City and good to their tenants. Mr. Richard Grice October 20, 1978 Page Two Our proposal for the Brownell condominiumization will ensure two (2) units remaining unchanged for five (5) years and two (2) units unchanged for one (1) year. The names of the tenants who have rented from Mr. Brownell are Richard and Marcia Gasshorn, who own their own business in town; the other tenants are Michael Chaney and Gary and Laura Larson. Again, under Mr. Brownell's proposed condominiumization, there will, in effect, be no tenant displacement. In fact, any reduction on the low- and moderate -income housing market is speculative because there are no immediate plans of selling any of the units. The rent in the restricted unit will be maintained at the five -hundred -dollar ($500.00) level, which is what the current rent is, and will be increased based upon the increases that are adopted by the City Council for low- and middle -income employee units. I feel it would be most unjust to deny Mr. Brownell's condominiumization. He has not sought to displace tenants before his attempted condominiumization. He has been up front and honest with you in his approach and dealings. I realize that the condominiumization Ordinance 53 has not worked and you are seeking new methods for solving the problem; but the new stringent application should not be applied to Mr. Brownell. I am not aware of a single condominiumization that was turned down under Ordinance 53, and I do not feel that Mr. Brownell's application should be denied. If you have any questions on this matter, please feel free to contact me. Sincerely, 1�4- Gideon Kaufman GK ch 0 GIDEON 1. KAUFMAN ,�tCj A Box 10001 1280 UTE AVENUE ASPEN, COLORADO 81S1 1 (303)825-8166 October 24, 1978 Mr. Richard Grice Planning Office City of Aspen 105 South Galena Aspen, Colorado 81611 Re: Brownell Condominiumization Dear Richard, I am writing this letter to you to elaborate upon my proposals concerning the Brownell condominiumization spelled out in my October 20, 1978, letter. The Brownell condomin- iumization concerns two (2) duplexes or four (4) separate rental units. Under our proposed condominiumization, two (2) of the four (4) units will effectively remain unchanged for at least five (5) years. They will not be sold, and their rents will be controlled. Mr. Brownell resides in one (1) of the units and will continue to do so. The second unit will be restricted both as to sale and rental for the next five (5) years. The base rent will be five hundred dollars ($500.00), and its increases will be based upon the levels adopted by the City Council for low, middle and moderate income employee units. The remaining two (2) units were rerented this month for one (1) year. There will, therefore, be no change in those two (2) units for at least one (1) year. We are not sure at this point what will be done with them at the end of the year, but we can guarantee that for one (1) year there will be no change in the rent or renters. Mr. Richard Grice October 24, 1978 Page To I hope this spells out sufficiently our plans for these units. You can construe this letter as the proposal that we will adhere to in the event our condominiumizations are approved. Very truly yours, Gideon Kaufman GK ch 0 506 E. MAIN STREET r . ASPEN. COLORADO 81611 C 0 U N T Y M E M O R A N D U M TO: Aspen City Council FROM: Mark A. Danielsen, Housing Director DATE: October 30, 1978 RE: Brownell Subdivision Exemption The original application stated that Mr. Brownell was not going to sell any of the units for a period of 18 months. The current application has been amended to commit to a 12 month period for two of the units and a 5 year period for one of the units, with Mr. Brownell to continue to live in the fourth unit (he is willing to commit to a 5 year period for his own unit). Though most of the tenants could not be reached, it is noted that at least one 2 bedroom unit is occupied by four people. It can also be reasonably assured that after the 12 month period the two -units would be sold, creating a more than minimal displace- ment of tena ts. more acceptable means to ensure minimal tena cold be to require that 3 of the four units have the no sale commitment of 5 years made, the fourth unit being Mr. Brownell's personal resi0ence. Four of the tenants work for Aspen Studio, two more own their own business, and the other two tenants' occupation is unknown. M E M O R A N D U M TO: Aspen Planning and Zoning Commission FROM: Richard Grice, Planning Office RE: Brownell Duplexes - Subdivision Exemption DATE: November 2, 1979 In your packet you will find the original letter requesting sub- division exemption and a couple of additional letters which were requested by the Planning Office for clarification of the applica- tion's compliance with Ordinance #53. The request is to condo- miniumize two duplexes which are located on lot 1 and lot 3, Brownell subdivision. Lot 1 of the Brownell subdivision is zoned R-15 and lot 3 is zoned R-6. Due to the fact that this applica- tion was in process at the time of the moratorium, it needs to be reviewed under the criteria of Ordinance #53. The application was referred to the City Engineering Department which comments as follows: "the engineering department has just recently reviewed the amended plat and PUD for the Brownell Sub- division, however, there is one item which we would like to see implemented as a condition of approval for this subdivision ex- emption. That condition would be to have the fence which is erected approximately 20 feet into the right-of-way of Gibson Ave. moved back to the property line on lot 3. This request was not made at the earlier plat amendment reviews since the amendments dealt primarily with lots 1 and 2 and not lot 3. The fence as constructed creates a very tight turn on Gibson and Park Avenues, and obstructs access by the fire department to a fire hydrant." The application and additional letters of clarification regarding Ordinance #53 were referred to the Housing Director whose comments are attached. The applicant is attempting to illustrate minimum tenant displacement by committing one of the three rental units to the PMH guidelines for a period of five years and by signing new one year leases recently, which hold the other two rental units in their present state for a period of one year. Mark, however, does not feel that this represents minimum tenant dis- placement and suggests that a PMH commitment on all three of the rental units for a period of five years would be more appropriate. It appears to be up to P&Z and/or City Council to negotiate a compromise. rh 0 MEMORANDUM TO: RICHARD GRICE PLANNING FROM: DAVE ELLIS ENGINEERING DATE: August 22, 1978 RE: Subdivision Exemption Request - Lot 3, Brownell Subdivision The engineering department just recently reviewed the amended plat and PUD for the Brownell Subdivision; however, there is one item which we would like to see implemented as a condi- tion of approval for this subdivision exemption. That condition would be to have the fence which is erected approximately twenty feet into the right-of-way of Gibson Avenue moved back to the property line on Lot 3. This request was not made at the earlier plat amendment review since the amendments dealt primarily with Lots 1 and 2 and not Lot 3. The fence as constructed creates a very tight turn on Gibson and Park Avenues, and also obstructs access by the Fire Department to a fire hydrant. jk cc: Gideon Kaufman M E M O R A N D U M TO: Aspen Planning and Zoning Commission FROM: Richard Grice, Planning Office RE: Brownell Duplexes - Subdivision Exemption DATE: September 14, 1978 The attached application and letter request exemption from the definition of subdivision for the purpose of condominiumization of two duplexes which are located on lot 1 and lot 3, Brownell Subdivision. Lot 1 of the Brownell subdivision is zoned R-15 and Lot 3 is zoned R-6. The application was referred to the City Engineering Department which comments as follows: "The Engineering Department just recently reviewed the amended plat and PUD for the Brownell subdivision submission, however, there is one item which we would like to see implemented as a condition of approval for this subdivision exemption. That condition would be to have the fence which is erected approximately twenty feet into the right-of-way of Gibson Avenue moved back to the property line on lot 3. This request was not made at the earlier plat amendment reviews since the amendments dealt primarily with lots 1 and 2 and not lot 3. The fence as constructed creates a very tight turn on Gibson and Park Avenues, and also obstructs access by the Fire Department to a fire hydrant. This application was referred to the Housing Director, but as of the time of this writing, we have no comment. The application indicates that the owner occupies one of the two units located on lot 1 and has done so for the past seven years and will continue to do so. The other unit on lot 1 is occupied by a tenant who has also been there for a number of years and plans to remain in residence. Mr. Gideon Kaufman's letter of July 18, 1978, indicates that Mr. Brownell is willing to give the tenant located in the unit on lot 1 a right -of -first -refusal. No tenant information whatsoever has been supplied with regard to the duplex located on lot 3. I must assume that the tenants living in this duplex are low and moderate income individuals. Therefore, with respect to the duplex on lot 3, the applicant has not demonstrated that approval will not reduce the supply of low and moderate income housing. The Planning Office recommends denial of this subdivision exemption requests. sr RECORD OF PROCEEDINGS 100 Leaves /IWM -o C. /. Mr,rf.K(1 K. K. 4 L. Co. ORDINANCE NO. 53 (Series' of 1977) - -AN ORDINANCE AMENDING CHAPTER 20 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN BY THE ADDITION OF' A NEW SECTION 20-22 WHICH SECTION IMPOSES THE FOLLOWING REQUIREMENTS WITEN APPLICATION IS MADE FOR SUBDIVISION OF A TRACT OF LAND TO BE USED FOR CONDOMINIUMS: (1) EXISTING TE14ANTS MUST BE GIVEN 90-DAY EXCLUSIVE NON -ASSIGNABLE RIGHT OF FIRST REFUSAL TO PURCHASE THEIR UNITS; (2) ALL UNITS MUST BE RESTRICTED TO SIX (6) MONTH MINIMUM LEASES; AND (3) THE APPLICANT MUST DEMONSTRATE THAT APPROVAL WILL NOT REDUCE THE SUPPLY OF LOW AND MODERATE INCOME HOUSING WHEREAS, the City Council wishes to amend Chapter 20 of the Aspen Municipal Code by the addition of Section 20-22, and WHEREAS, the City Council desires to add said section for the benefit of the City bf Aspen, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: ( ' C--4- i . „-, l That Chapter 20 of the ''_spen Municipal Code is hereby amended by the addition of Section 20-22 which reads as follows: Sec. 20 2 Condominiumization =n addition to all other requirements inposed in this Chapter, when application is made for subdivision of a tract of land to be used for condominiums, the applicant nust comply with the following requirements: (a) Existing tenants shall be given written notice when their unit is offered for sale, :;hich notice shall specify the sale price. Lach tenant shall non-:-,.ssicnable have a 90-day/option to purchase their unit at this prelirr,inary market value. In addition, each tenant shall have a 90-day exclusive non - assignable right of first refusal to purchase T FJECORD OF PROCEEDINGS 100 Leaves rnnm N C. /. MwRII P... n I. L.i. their unit which shall commence when a bona* fide offer is made'by a third person, and accented by the owner. In the event that such offer is made while the 90-day option is still in effect, the tenant may purchase the unit for the amount of the initial sales price or the amount of the bona fide offer, whichever is less. (b) All units shall be restricted to six (6) month minimum leases with no more than two (2) shorter tenancies per year, and (c) The applicant shall demonstrate that approval will not reduce the supply of low and moderate income housing. S-uch demonstration shall be made at the time of .initial consideration by P&Z. Evidence relating to the following criteria shall be considered in making this determination: (1) Evidence that illustrates there will be mini_.^•..al tenant displacement as a result of .the conversion. (2) Evidence that the condominium units will be affordable by persons of moderate income. (3) Evidence that tenants who do not wish to exercise their option or right of first refusal are provided at least 180 days after final council approval or when their unit is sold to a third person, w!iic ievor date is later, in which to locate other housing. (4) Evidence that the prospective purchaser -2- RECORD OF PROCEEDINGS 100 Leaves /WY !n C. ►. luirfYrl A, n. A 1. �0. • ' is an employer or a group of employers who intends to rent the unit(s) to its employees. If any provision of this ordinance or the application thdreof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or appli- cation, and to this end the provisions of this ordinance are declared to be severable. A public hearing on the ordinance shall be held on 1977, at 1:'0 P.'!. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED ED published as provided by lase by the City Council of the City of Aspen, Colorado, at its regular meeting held at the City of 'aspen on the � ('Lay of19- Stacy anaiey ii1 Mayor , • L ATTEST: KaVirvil 9. IIauter City Clem: FINALLY ado7ted, passed and atPProved on the "�u.-1y of Stacy S andley III / Mayor ATTEST: Kathryn itit- :r `� City Clerk -3- 0 0 M E M O R A N D U M TO: Dave Ellis, City Engineer Mark Danielsen, Housing Director FROM: Richard Grice, Planning Office RE: Brownell Subdivision Exemption DATE: August 2, 1978 The last City Planning and Zoning Commission meeting in the month of August will be held on August 15. If at all possible, I would like to have this item on the agenda at that meeting. But, in order to do so, I'm going to have to have your comments by August 9. If you find that this request creates a hardship, let me know and we will schedule it for some time in Septemeber. 41FX MEMORANDUM TO: Aspen City Council FROM: Richard Grice, Planning Office RE: Brownell Duplexes - Subdivision Exemption DATE: November 21, 1978 In your packet you will find the original letter requesting subdivision exemption and a couple of additional letters which were requested by the Planning Office for clarification of the application's compliance with Ordinance #53. The request is to condominiumize two duplexes which are located on lot 1 and lot 3, Brownell subdivision. Lot 1 of the Brownell subdivision is zoned R-15 and lot 3 is zoned R-6. Due to the fact that this application was in process at the time of the moratorium, it needs to be reviewed under the criteria of Ordinance #53. The application was referred to the City Engineering Department which comments as follows: "the engineering department has just recently reviewed the amended plat and PUD for the Brownell Subdivision, how- ever, there is one item which we would like to see implemented as a condition of approval for this subdivision exemption. That condition would be to have the fence which is errected approximately 20 feet in- to the right-of-way of Gibson Ave. moved back to the property line on lot 3. This request was not made at the earlier plat amendment re- views since the amendments dealt primarily with lots 1 and 2 and not lot 3. The fence as constructed creates a very tight turn on Gibson and Park Avenues, and obstructs access by the fire department to a fire hydrant." The application and additional letters of clarification regarding Ordinance #53 were referred to the Housing Director whose comments are attached. The applicant is attempting to illustrate minimum ten- ant displacement by committing two of the four units (one of which is owner occupied) to the PMH guidelines for a period of five years and by signing new one year leases recently, which hold the other two rental units in their present state for a period of one year. Mark, however, does not feel that this represents minimum tenant displace- ment and suggests that a PMH commitment on all three of the rental units for a period of five years would be more appropriate. The Planning and Zoning Commission reviewed the application at their regular meeting on November 7 and recommended you approve the exemption subject to the preparation of an agreement satisfactory to the City Attorney restricting two units to current rents plus the annual PMH escalation for a period of five years and prohibiting the sale of these two units for five years. In view of the considerable difficulty we have experienced in adminis- ering Ordinance #53 evenly and fairly, the Planning Office recommends your approval of the compromise described by the P&Z. sr 0 9 APPLICATION FOR EXEMPTION FROM SUBDIVISION REGULATIONS Request is hereby made on behalf_ of LOIS BROWNELL and RICHARD BROWNELL (hereinafter referred to as anplicants) under Section 20-19(a) of the Aspen, Colorado, Subdivision Regulations, for an exemption from the definition of the term "Subdivision" with respect to the real property described as: Lot 1 & Lot 3, Brownell Subdivision, Pitkin County, Colorado It is submitted that an exemption in the case would be appropriate. The application involves existing duplexs. A subdivision of lots with duplexs on it creates conditions whereby strict compliance with subdivision regulations would deprive the applicants of the reasonable use of their land. The owner will continue to live in one unit. There will not be any increase in the land use impact of the property. An exemption in this case will not conflict with the intent and purpose of the sub- division regulations which are directed to assist the orderly, efficient, and integrated development of the City of Aspen, to insure the proper distribution of population, to coordinate the need for public services, and to encourage well -planned subdivision. 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 buildings are already in existence, and there will be no change in density which is presently in line with the desired population density for the property. The applicants would appreciate your consideration of this application at your next regular meeting. Very truly yours, 1L J L Gideon I. ufman Attorney for Lois Brownell and Richard Brownell, Applicants DATED this 28th day of June, 1978 Ll 1] PI -PT- FouND " S kb w/ AL,um GAD �7/bb , el BRASS CAD ® Ca2NER It 11, IW-Cr 40 01;7 ZI 1E DEPFtJC9ENT SURV `( \ AS MADE 6`( ll-A: 6.1 •M.9AZED W\V 2"\,1G5-7 SECIot-1 -7, T: 1wms'.1\P 10ScwL1 pe4w 0T4\vM. �o * \ \ FND "S IR13 4/' AL,um CAP 1 G. NE L,56N 'I' 7/6 g u oplo im _. O \ 2 \ -C T 1 \ ALPINE AGR�S SVESDW\S\OW 2 �b RD 02 YGG09ir\\ FNO /CAP \ "V � T0.1-GO �S 12767 � o 90 , 0 D p\ o, AMENDED PLANNED UNIT DEVELOPMENT BROWNELL SUBDIVISION SITUATED IN S I/2 SWI/4 SE 1/4 OF SEC. 7, TIO S, R 84W 6TH PM. CITY OF ASPEN, COLORADO THIS A>,MENDEO PLAT OF THE GROW NF-\- L c6uBD\V\S\oN WAS APPROVED C$Y TFi�-= GITY E�NGINEEFt, C-1T`( OF AS?,FN T1-115— CLAY OF I�`18. /� GITY ENGINEER TH\S t-\MENDED PL./AT OT= T4-lE aROWNELI, —25DIV151oN VVAS APPROV'I~D �5Y itil C-1-CY OF A,SPZ-N DEPARTMENT OF PARKS T1-\15 DAY OF \q'18 D\REC.'TOR LOT �2- 9W F'NO. PK MAIL w/ TRI•Co CAP IN �04� L OT E /// FCNCP05T o �5 � R �,- Z. l NgrG�� S�Iti RICHARD AND L015 $ROWNF\-\. P.O. BOA IA-17 ASPEN, GOLORADO 81G11 SURVEY ENGR'S INC, P.O, BOX 250ro P,SPEN, GOL )F AIDO SIG11 DTIBBCCN 50m KNOWN ALL MF-N BY T1\ESE PRESENTS THAT R\CHFaRO QROWNELL AND L.OIS GROWNELL, B�INC3 ALL OF THE. OWNERS OF THE 14ERE1NAFSER - DESGR\6E0 ►ANDS L.00 ATEO 1N SHE GITY OF ASPEN j COUNTY OF PITY,\N, STATE OF C C4,01RA12>0, TO W 1T A PARCEL OF LAIAO SITUATED \NTV• S 6If28W1(45E1t4 OF SECTION-7, TOWNSHIP 10 BOUTH, RANGE S4 WE,ST 01= GTH PRINCIPAL MERIDIAN, CG17--( OF ASPT�N, GOVN��( OF PYtK1N STATE OF Got-O`r2AD0, Mc)RE PARTICUL,ARY DzSC-R1QEp AS FOl.l�o�lS BEGINNING ATA P01NT W/ 41CH DEARS 513' WE 1"1G.-74 FEET FROM CORNER No It TRAGT40 OF THE DEPENDENT REGURVE`( AS tAAVZ g`C TH-AE BUREAU OF LAND Iv1ANAGEME1vT DATED MA-(2\, 195-7 SA\O SECTION 7; THENCE S 22- 33'w 110.0-7 FEET TO 1 NG STREET; THENCE SGroo2\'E 2g6.25FEET TO LINE 2-3 OF T\.\'E MOLLIE GIBSON LODE M,S,4'2.8\ THENCE N 3-7048' 15"E 112.30 FEET A\ ONG Llmv 2-3 65 SA\D MoLL1E G\FjSON LODE TOT1-\'E GOUT\-1E.R\-X UNF LOT \1 ALP}NE ACRES SU\301V\S\ot\d; THENCE NGG° Oq'W 325.BS FED ALONG THE LINE OF Al PIP1E ACRES SUBDIVISION TO TF-\E POINT 0F'BEG11.1N\NG CON\TL\.INING 3A,058 SQUARE FEET MDR`~ OR LASS. A• DO yaEREC3Y PLAT AND SulBOIv%DC- ALL. OF THE ABovE DE6GR1BE0 LANDS INTCO THE. OI S ANp THE RoACJwAY S\lovuN LXND NOTE -ID HERON, TO BE KNOWN AS F,OT 1,2,AND 3, C3RawNFt_L SvpO\v\S\oN AME NDED C1t Y oG' P�SPENI P1TKlN GouNi'`0 00I_ORADO; AND B. Oo TO THE PuQLyG USE. THE FtOAI'D R1Gl1T-of -WAY SHOWN AND NOTED HERON LYyNG Wy'C1.3\N THE AC30V� Dti=SGR\gED PROPERTY. EXECUTED AND DELIVERED TH\S,_ DAY A L= &4'ozla' / �SONNY_PARK SUla); li ls\C)N E \ / 30 uvoRaNT /P/ �\OF GOLDRADO L 01 S BROWNELLT�� o��2� %C=es.53 1,- dD �E S TAC T=52.21 LEGEND SS. X * FENCE LINE COUNT"'( OF P\TK\N J \ �c�� ` / O/ / / L �� • FOUND SURVEY N10N. AS DESCRI01 D THE FOREGOING INSTRUMENT VVAS PIC 1' LEOGE:D C31<FORE ME THIS fOAY o> �\` O LOT CORNER- ALL L05i OR (JE5TKOYEI) Iq-18 B`/ R1Gi-iARD BROv�/NEL>_ ANO L-D\S BROWNELL. cj /\°b I-OT CORNER5 To 13E RE5ET WITH WITNESS MY HAND ANO OFFICIAL SEAL s REDAR NlITFi rez pow C P A 23iCo MY GOMM\SSION EXPIRES P"Le _ \� \ / SuRYfF'r ORIENTED WITH MoNUMF-N-r,5 NOTAGi`( PUg1-\G FOUND ON THE NORTHERt-'f 13NO2Y. GJUERT_ Ng I GERARD A PESMAN �SURVGY ENGRS.IING.) A REG\STEREO SUR�lE`lOR 1NTHE `\ STATR 6F COI.ORAQO, DO HER�L3Y G RTIF`� THAT TN\5 PLAT WAS PREPARED UND`cR SUP>ERy1S1ON AN\J \S TRUE AND ACCURATE TO THE REST OF M`( P i 3 M<?CiG1.CR , L/ GARRlbl-1 Pl\PY, O/ 6 J SCALE 1"= 20' \ 3 O 10 30 Q s / ee, � �T �' A VICINITY MAP SCAL,r_ I ' - 1400 ' TRACED FROM ANNEXATIONS MAP ASPEN , COL O. UTII.,ITIES �OGATIdN OF UT1L1 r1ES 1S FROM OR\CANAL FLING /AND WAs NOT MAnS IN THE F\ELU GUL\/ERTS MINIMUM GUL_VCRT CURB C=UJS SHALL BE 12". w INDEX SHEET 1 GROURIO LEVEL PLAT VICINITY MAp CER-TIFICATE5 DATE OF PREPARA7-lON Fea. 9, 1976 -rH E DE DICATIOr�1 AND THE CAME-1G- URAT101.15 OF L,075 I 1, 2 6NO RCV15)E--D PARKING PLAN DIFFER FAoM THE ORIGIMAL pa-ING C.OLO, REG. PROF, ENGR E. LA,ND SURVEYOR 23'Iro THIS AMENp�W-O PL,Al' OF 6RoWNELL SUpO1V\S10N WAS APPROVES) QY TN\c C\TY OF ASPENI PLAi\\N \N G ZON\NG GOMMIS\ON TN\S_DA�C 1� 715 G1-lA1RMAN ASPEN N CCUPT"d COUN (Cali /%FP1P (0)V/%\A, AND TH)5 AMt_NDED PLAT, AND-I"HiZ7 D>;D\CATION TO THE PU6L1G OF TIRE STREETS A\�l0 PUBLIC WA -IS S140VVN HERONI Alvp THE PUBI-kC. UTILITY E.ASE.ME•NTS A\S SHOWN ARIA HEREBY ACCEP"`� -z:D SY THE C.\T'( COUNCIL OF CITY OF h.SpENI GO\.ORAO0 -7 s DA`( OF Ia78. MAYOR AT7 E ST C\TY CLERK RSCOa�DONG cCMR7B[FaUoTM STATE OF GULORA001 SS C-OUNT`( Or-P\TKIN T PERF(3Y CERTIFY THAT THIS ANAZNOZC3 PC -HT OF C3ROWNEI,1_ 5U�3p1v1S\oN ,vvA,S ,yC-c.IP-7PTr-ID F11_\NG It�4NY "( OFFICE AT o'c1,oGK_M. oNTNE_ OAX OF 1g18, AN\0 WIA S 'p WZN Fl1,E'D 1 N PL AT BOOK AT PAGE _ PITKIN CeovNT`( CL�.RK A\ND R � ORDER BRAbb CAP', \ COQNER- 11, 112ACT 40 OF TLIE DEPENDENT bURVEY \ Ab MADE BV TLIE 127.L.M DATED MAY 21, 1957, 6ECTION 7, 7OWN51-IIP 10 50UTL1, 1284 W CDTM P.M. 1 1 1 1 TOP Op ASPEN, INC. 1Z \c� C/O 1121-CO MANAG MENT. IINC. �1 p° LOX 1730 61� ASPEN � �\g �IORADO 81011 �� 11 ESTATL Off' FLAVIEN CERISE C/b MARTIN CERI �E 60X &4G ASPEN COLORADO 15611 LOT I ALPINE ACRES SU2,DIV1b10N LUVE W ANTPONY 20Y 1271 ASPEN COLORADO BIGH (on64.66 t3WJ-1. 1 LV 1 1 O Ig �� 40)7-0. 61 `bQ- FT N /NG / ♦3� vs V~~l6 LOT ? EQ 4/VO �8� P GgSQ/ <//VE �♦♦ /� � �\ i ti qti Q W ~� i 1 � 20 MARCW 1972 5 15 3p 50 70 90 O 10 2O 40 Ca0 80 100 FT ecALE 1' = 20' BEARINGS 2,A5ED ON 0.5.C.66.S. T12t4NC ULATION 6TATION 11A61DEN11 UTILITIES LOCATION OF UTILITIE6 15 FROM AVAILABLE MAPS AND RECORDS AND WAS NOT MADE IN THE FIELD, CULVERTS MINIMUM CULVERT DIAMEM2 FOR CURB CUTS Sl-TALL GE 12 ". PLANNED UNIT DEVELOPMENT BROWNELL SUBDIVISION SITUATED IN SI/2 SW I/4 SEI/4 OF SEC. 7, TIOS, R84W 6th P.M. CITY OF ASPEN, COLORADO TINUED DEDICATION C. DO I-IEREBY DEDICATE THE COMMONS AREA SLJOWN AND NOTED IaEREON FOR T-IE BENEFIT AND LYbE OF TWE OWNER OR OWNERS, 17:QW TIME TO TIME, OF LOTS 1, 2 AND' OF THE E3POWNE.1-1- SUBDIVISION, AND OF 11-.1E VARIOUS UNIT) Tg4T MAY BE CON5T2UC' TED TUEREON RESERVING, WOWEVES2, TO T-IE OWNER OR OWNERS FROM TIME TO I IMt. yr L�Jt 7 �• iNt OI4JwNELL 5L 6QNI510N, TWE 12-lG1-JT 1D DEDICATE Ah PARKING SPACES ALL OR PART OF TWE- IZORTION OF LOT 2 AND OF SAID G OMMONh AREA ENCLOY PEP ON WITLI A LOTTED LINE. SIJCI-I DEDICATION SI-4ALL BE MADE. FOR 71-I6 BENEFIT AND USE OF TLIE OCCUPANTS OF THE UNITS WWICW MAY L-IEREAFIER 27E CON5TRL)ZMD ON LOT 3, AND SHALL BE TORMALIZED 1F AND WI- -:N 7W('-) PLAN 15 AMENDED IN ACOORDANCE W ITP -PPE ii NOTE° SLIOWN F IEREON. IF 5Lr-1-1 f=ORMAL DEDICATION t IA5 NOT BEEN MADE WITHIN 15 BARS FROM THE FW9 -IWVI ,) PLAT IS RECOiZDEO IN THE PITY -IN COUNTY RECORDS, THE 121G"T RESE2VED L 16REBv 5LIALL AUTOMATICALLY 7T-QMINATE WITI-OUT PU2T0ER DDZUMENTATION. THE FxtDENSEb OF MAINTAINING TWE COMMONS AREA SLIALL BE SLIIARED EQUALLY ON A PRO RATA BY -PF OWNER OIZ OWNEly, FROM TOME TO TIME, OF LOTo 1, 2, AND 3 OF TWF= F31O NELL SUNDI\J15ION, AND TNF- USE-TLIEREOF A -!ALL BE DETERMINED BY 7PQ UNANIMCXJS CONSENT OF ar-44 OWNERS. D. DO LIERE6Y OEDICATF PARKING `--,PACES NUMECIZED 1, 2, 3 AND 4 SG ICJWN AND NOTED PEQUON FOR THE 13ENEFIT AND USE OF TI-{E OCCUPANTS, FROM TIME U TIME, OF TLIF- FOUR UtJITS TO bF= CONS"f1ZUCTED ON LOT 2 OF T(-IE BROWNELL_ E�U3DIVI510N . 7WE EXPENSES OF MAINTAIN ING SLX I l PAR V ING SPACES SHALL ESE SHARED EQUALLY BY THE OWNER. OR OWNERS of: Ej-" UNITS. NOT E TILE PRESENT OWNERS AND SUBDIVIDERS LIAUE NO IMMEDIATE PLAN5 FLOR DEVELOPMENT ON LOT 3. AT SUCH TIME AS MAE OWNER CR OWN�-:ZS OF LOT 5 CONTEMPLATE DEVELOPMENT ON TWE LOT, APPLIC&ION FOQ AMENDMENT OF TPle? PLANNED UNIT DE\(ELOPMENr PLAN SHALL BE FILED WITH 7WF PLANNING Q MMItICN AND A PLGLIC HEARING 1-IELID IN ACCORDANCE WITP ARTICLE (7) OF SECTION 24-10.1 OF 114E MUNICtPAL C3QE OF TWE CITY OF ASPEN, AND 7-IE PRESENT OWNE125 AND 5UBDNI0EQS, AGREE, FOR TI4EMSELVP-5, TL-IEIR WQP5 AND A551GN5, TWAT- TLaE NUMP�Z OF UNITS APPLIED FOR AT THAT TIME 6PIALL NOT EXCEED TIDE MAXUL" NUMBER PERMITTED UNDEQ TI- -: TLIEN-CUR26tJT ZONING PERTINENT TO LOT 3. LOT 4 `JUNNV PARK SU6DIVI510N 7llE CONGRE6bIONAL CORPORATION C/O AQ-R4UQ C. IIVDI= 7979 OLD GE QC-,ETOWN LOAD BETI-IESDA MAQYLAND 20o14 qV'C/'vu�z RECORDING CEPrIFICATE. "TATE OG COLCX2ADO� SS. COUNTY OF PITKIN I LIEREE3Y CERTIFY THAT TIIIS PLAT OF B20WNELL SUSDIVISICN WAS CCEPTED FOR. FILING IN MY OFFICE AT ................ O`CLOCK .......M_ ON Ti-IE..2.I -- DAY OF.... JUt.1F...............,1(D72, AND WAS DULV FILED IN PLAT BOOI.......4 ........... AT PAGE....%9r-fig.......... ............................................ ........_.................. .................................. PITIGN COUNT\( CLERK AND RECORDER OWNERS AND SUgDIViDERb , RICWaRD AND LOIS BROWNELL Po. BOX 1477 ASPEN COLORI�oO 5IG I l DESIGNER AND SURVEYOR TRI-CO MANA6E1AENT INC. PO BOX 1750 46PEN, COLORAC'O BICD I I DEDICATION KNOW ALL MEN gY TLIESE PRESENTS -R-1AT RJCNARD e>ROWNELL AND LCI5 BQowNELL, BEING ALL OF THE OWNERS OF THE I-ILREINAFTE2-• DCe CRISED LANDS LOCATED IN TwF- CIN 01= ASPEN, COUNTY OF PITKIN, STATE OP COLORADO, TO WIT A PARCEL OF LAND SITUATED IN 7WQ b1/2 SW 1/4 SE I/4 OF SECTION 7, TOWNbwIP 10 50UTL1, RANST= f5A WEST 01: TLIE. Co- PRINCIPAL MERIDIAN, CITYOI= ASPEN, COUNTY OF PITKIN, STATT- OF COLORADO, MOQE PARTICULARLY DESCRIBED Ah 1'OLLOW6" BEGINNING AT A POINT WLIICLI GEARS Slb'44'E 17(n.Co4 FEET FROM CORNEA N° I1, TRACT 40 OF TW;- DEPENDENT RESURVE.V AS MADE BY TWJ- B<QR W OF LAND MANAUEMENT DATED MAY 21, VM37, SKID SECTION 7- TLIENCE 522°A' W 110.07 FEET TD ICING hTREET; TLIENCE bc?& 21' E - 2?6.25 FEET 70 LINE 2-3 OF TLIE MOLLIE G15'bON LODE M.S. 4201 • TLJEt�E N37°Zi8'150E It2,bO FEET ALONG LINE. 2-3 OF �;AIP MOLLIEGIWAN LC0F TD 1L46 S03I4:2LV LINE. OF LOT I, ALPINE ACQE�, bUWNI510N; 71-IEI`ICZ NCo6v°U9'W 325.85 FEET ALONG -ME LINE C P ALPINE ACRES 6UBDIV15fON 70 -ML FONT OF BEGINNINr- G�NmINlNG 34,058 f--G�U42E FEET MORE OR L&h/,, A. DO W9:12=BV PLAT AND SUBDIVIDE ALL OF TUE AWVE-DESCRIBED LAND`J INTO TUE LOTS AND TWE QOADWAV 5WOWN AND NOTED PIEREON, TO BE V. O N Ah LC7T', I, 2, AND 3, AND COMMON ARCA, NR NELL SIJBCV1510N , CITY OF ASPEN, PITKIN COUNTY, COL0I2AD0j AND B. CYO HEREBY DEDICATE TO TLIE PUBLIC USE ALL OF 7WIL ROAD QIG"T-OF-WAY 51 AWN AND NOTED HEREON LYING Wtl-IIN 1WE AFOVE DESC215CD PIOPEMY. EXECUTED AND DELIVERED TL4lh..5.th...DAV OP.....JU .................. 1972. ,/e, "dc,.................................. ............ ... QICLIARD BROWNELL aocd�..... .................. LOTS BROWNELL &TATE OF- COLORAC)C COUNTY OF PITKIN THE COQE-:GOING INSTRUMENT WAh ACKNOWLEDGED BEFORE ME TL tl�......'�1.....7'. DAY 0: .:.;ww.......... 11972, BY 21CNA2D BROWNELL AND LOIS 12QWNE.LL. WITNESS MY HAND AND OPPICIAL SEAL. MY COMMI5510N ... R..•.......................................... NOTARY ,5UPVEYOP.15 CEPTIFICATL I, JAMES F. RESER, LICENSED LAND SURVEY0V-, DO WLQEBV CERTIFY THAT TLIIS PLAT OF 6(XIWNELL SUBDIVISION WAh PREPARED UNDER MY 6UPE2VIhION InINP luAT Tl-IE OUTSIDE ?.�WNDAI2IES, LOT',, ROAD AND Ofl-IE2 FEATUREh ARE AazURA71=LY AND CORRCCTLV AWN 1-IREON 71-AT THE SAME ARE P,ASED ON FIELD �)UWEYS, AND THAT 7L-IF?LATTEP LOTS AND ROAD CONFORM TO TI-IOSE STAKED ON TT-!E GSDUND. N WITNESS WI.1E2EOF, I L1AVE SET MY "AND AND SEAL TI II�..E•I ..RaY OF.. �U!!lE'.._..1'�72. .---........................_.................... JAME� F. 12E6E2, L5.91S4 i ATTOPNEY'5 CLP-TIFICATI= STATE OF MI-012APO) S� CCUNT`( OF PITKIN J 1, ACZ11lUQ C. DAILY, BEING AN ATT02NEY ADMITTED TO PRACTICE IN TIJE STATE OF COLORADO, CO LIEREBY CE.QTICY 114AT I OWE MADE AN EXAMINATION OF PITKIN 000NW REAL PROPERTY RECORDS AND TWAT Pr-IAARD BROWNr1L AND LOTS BROWNELL ARE TPE. OvVNERS IN FEE SIMPLE, FRE1 AND CLEAR OF ALL LIENh AND ENCUMBRANCES, OP- TWE POPT10N OF THE ABOVE - DESCRIBED PPOPUPW BEING DEDICATED TO PUBLIC USE ON TWJ!l , PLAT OF P)POWNELL SUQiDIVI51oN. !�.............................................. I....................... At7MU C�� p4CILY � , / PLANNING AND ZONING COMMIbbION APPROVAL TLllb PLAT OF B, N ELL 6UBDIV1510N WAh APPROVED BY 74F= CITY OF A6PEN PLANNING AND ZONING COMM15510N 7111S,-0 ...DAY OF......_.QQ.NF....... ._...., 1972. Cu�QAN .....V-'Vy�j......... .._....... .....__ _ ..I...._. / AbIDEN- CITY COUNT APPROVAL AND ACCEPTANCE 71-11S PLAT, AND THE DEDICATION TO TI.16 PUBLIC OF TWE OTREETS AND PUBLC WAYS SHOWN LIE2EON, AND TWT= PUBLIC UTILITY EA0EMENT3 Ah S ( A[2.E HEREBY ACCEPTED FAY TLJE CITY O OUNCIL OF TLIE CITY OF ASPEN, COLORADO, -IWK',..1 ...... W� OF..... ........... ,1072. i / TEST ....__..( 1. ....................._ .............. -CITY CLERIC �f �� v FOUND Is Rh rl ALum GAA °7/G8 J � BPASS CQP C Ca2NZ'Q 1 IWICT 40 oG -UA-L 01;,PEWVENT SURVEY I AS MADE 6Y n\E 6.1,•M.9A�ED ML\Y 2\, - GEC1ot, 17, TaNN50\P 10 SO,s\u, TZ '�4 W 0i u D 1 %, c' 61 \ \L \-W t �Q \ ` FNO 15 (R6 w/' ALUM CAP SOT 1 ALP1N� AGRVS SU6DW\S\ON 02 GG \ 09,Is' \ FND'. 6'5 RO w/UP "V 'S Tki-co t_s 12-70-7 � 8S AMENDED PLANNED UNIT DEVELOPMENT BROWNELL SUBDIVISION SITUATED IN SI/2 SWI/4 SE I/4 OF SEC. 7, TIOS, R84W 6TH P.M. CITY OF ASPEN, COLORADO Cc jr"�y ��c�n��'� /-%?9DR0VAL THIS A.NIENDEO PLAT of THE GROW NEL.L 6u6DtN\S\oN WAS APPRbV�D C-SY TItE G\TY �NGINE�R, C-iT`( OF ASPEN C- vV Y E N G t ICI F-E R TH\S AMENDED oLAT OF' T1-\`;= $ROWNE.LL. SU�p1V1SloN WAS APPROY�O t3Y TFI� GrTY OF ASP1=N C7EP�RTMti~NT OF PARKS 71-\%S DAY OF 1178. D1REc_TC R `' % LOT J fiN D. PK )JAIL N ^J 1 I'Co CAP IN Cj �� m !4 T // FENCE LO 1\,Q a., f� NF \ �e�k 1 / / LOT 4 ZFLF GA't�?' ICYI SUNNY: PARK SUC3D\N \S\oN OWNERS RS AND SU B®ND[ER$ RIGNARD AND L015 BROWNEI L P.O. Box 14-77 ASPEN, GOLORA00 816\ 1 �F R cam` 8� R=83.4a '� LEGEND e l.I®�"[�S S� � ,, � � ` 296.25 . O/. 3 �Ivoacr-�T T = � 2� 4) `� -1 FENCE LINE \ 0 O Q/ !/j • FOUND SURVEY MON. AS OE5C(2/13t-D -j3`� O hOT CORNER- ALL LOST OR PE5TR6YEP 0. ^°� L,OT CORNER5 To BE RESET \nIITH 465 REDAR WITH YELLOW CAP # 237(�, ¢r£4 gVRYE ( ORIENTED WITH MONUMZ Nis / \ — FOUND ON THE NORTI+ERL,Y l3NDRY. � �N � Q `MAN HOSE �f� 5 MUGc ! E(2 �/jam PARK C, N pct/O 6� �CRFS 2 0 S ry/ SCALE I"=20' \ KING9� 3 Spar 6 O 10 30 .I- 1 Pa0.K / r 3 20 VIOLNITY MAP scaLr_ I' = +00 , TRACED FROM ANNEXATIONS MAID A5PEN1 , COL,O UTILITIES ROGATION OF UT\LIT\ES 1S FROM OR\G\NAL FILING AND WAS NOT MASDE 1N TNT F\E>_D GU LV E. RTS MINIMUM GULVCRT D\AMCTER FOR CURB C-07S SHA11_ 3E va!1. I NDEX SHEET 1 GROUND !-,F_VEL PLAT VICINITY MAP CER'TIFI CATE5 SURVEY ENGqS INC, P.O. Bo)( 2506 P.SPEN COLORP.QO BIGv1 KNOWN ALL MEN B-( THESE PRE SENT S THAT R\C. ANRO laROWNKL4- ANC] t,045 BRAW NELLr BNG At-L Orr THE. OWNERS OF'THE HEREINAv-ti;zR-pE.ScR\SE.D LANDS LC>C,ATVD lh4IAC. CITY OF ASPEN COUNTY OF P\TK\N, STATE OF C.OL,ORNC)0, TG Vv\T A PARCEL OF LAND SITUATED \NTNE 51128W1145E114 OF gFiC_TION-7, -TOWNSHIP tb 500TH1 RANGE A4 WEST OF G-r" PRINGIPA\ MERIDIAN, G\T ( OF ASPEEN, GQUt-1lx OF P"y"I", STATE OF Cpl0F2ADO, MORE PA.RTIGi)l ARY QESCR\C3rc1� AS FO\1.b\NS BEGINNING ATA POINT WHICH SEARS 15\e 14'E i-7G'14 FEET FROM C.0RNE.R 1-4" it TRH(. T40 OF THE DrPENDENT RESURVE`( AS MADE la'< 'CHQ OF LAN() MAtAP,,C rLVAF1-AT DA?lED MA`121, 1957 SAID gECTtON '7; THENCE S 221 33'w 110.07 FEET -TO 'c1NG STREET, THENCIr S6cn'Z\'E 2qro.25FEET TO LINE 2-3 QF TFtr MOLLIE THENCE N 37045' 15''E 112,30 FEET A\_C)NG 2-3 ('7F SA\Q rnoL t_1 rs\�3Qr� 1°� (DOE TOTHP, SOUTH%Rt.( LINE LOT \1 A\P1NE ACRES HENCE NGCo° Oq"W AQcnkYA'a THE LINE OF ALPINE ACRES a\)ElDI /ISICiN Tn Tgl-, POINT oFBEG\NN1NG COiy\7 L�\?a11VG 34,rJSH SOUARE- FEET MhRvK: OR. L%- SAS P.. PLAT AND Sui3DlvtpC AL.., of TI\E AB(Z:)vc QE6CR1gEC> L��NDg INTO TWA OI S ANp T14v-- ROADWAY Stic /N AND NOTE.O HERON, TO BEc KNOWN A9 '�(75T Ggc)wNELL SU6D1v\S\oN AMENDED CITY OG Asps-N) PYT\K1N COUNTY GbLORAOQ; ANp S. DO 1\CREQY DEDICATE TO THE PUC31_\G VSE ALLOF Tt-1E ROACH R\GF\T-OF WAS( SHOWN AND NOTEO HERON LYING wtT\a\N -HE A`30vc DESLR\gE0 PROPERTY. E7CE,GUTEO ANO DELIVERED ZN\S_ DAY OF \Q18. R\CHARD BROWNELL LO1S BROWNELL �TATC OP GOLORADoI GdUNTY OF P\TYON Jr SS. T"E FOREGOING INSTRUMENT WAS AGKNOW'� ~DYED C3�Fc�RE ME THIS Iq-78 0Y RN( --HARD BROYYN�c1 L ANO t�15 BROWNELL. ✓VITNESS M`( NAND ANp pFFtG1AL SEAL MY COMMISSION EXPIRES NOTARY PUgt \G DAY Or T GER p,RD N PESrnAN ISURVC`( F-NGRS )INC-) a STATR OF COLORA\JC). DO t\kR�D`( GkR7T F < T1aAT TN\S PWT WNS PREPAREfl UNDER MY D\R(cGT SUPI`R�/1S1C�?�l ANp \S TRUE AND ACCURATE TO THE REST OF M`C KNOWLEDGE ANP `3E1.-\EF. LC>LO, REG. PROF. ENGR >= LANSO SURVEYOR 237Q, THIS AM ENQFcD PLAT OF OROWN�l-1- SUC301V\S1oN W/aS APPROV U d�C �N\c C\TY OF ASP1En1 PL,ANN \N G ANCJ ZoN\h1G GOMM\S10N TN\S_OA�( Ig78 CHAIRMAN THIS AM1=NDI�:D PLAT, ANO 7N1;:- DEDICATION TC, THE PU6C.\G OF THE S�Q�ETS �lD PL)BLIG W/1`<S Sr1owN r1ERDN A1tp THE Pu[3LIG uTIL\TY EASEME-NTS P\S S"Ct VVN ARE HEREBY ACCEPTED 0Y THE G\TY CC)USNC\L OF c-1TY OP /ASPEN I GO\ ORAO� TN\S DlaY OF tq�e. rv1 /-111(O R AT7 F-- 5-7 `"�f � CITY CLERK THE pE D1CAT)01`1 AND THE CANFIG- j�[� ��TT (m� j"� (jj)°(�j�j� j� °� URAT101JS OF L.DT5 1 2 L'.Np ��®tLb®�1�1 ` �I�I�u uu n��" RCVI57-fJ PARKING Pl-AN DIFFER FROM c,,TA-iF- OFGOLORA001 TF-!E ORIGtmA1_ FIL-ING J 55 GOVIVT`< OF PITKINI T pEgr_-ay CCRTtFY Ty AT TI115 �MCND�p P1 HT OF C3C�owNE\-\- SUC�p1V1S\ON VVA S AC-c-EPTZ-O 'P7oR F1 M`C O�F\cE AT o'C 1�OGK _M. oN CND — DAY OF \a-)S, ANp WAS 'pD U)v�C 1=1LETD Ilv PLAT B�\� Al PAGE _ PITKIN COUNTY CLERK A\ND RAC pROER !(DATE OF PREPARA710N FF_C3. q,