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HomeMy WebLinkAboutcoa.lu.ec. Marlow 1073-7075 Cemetery Ln.61-80 t,'~' ~t" 1\:: \,-- ~\) f \ ~tl~ -, No. {PI-gO CASELOAD SUMMARY SHEET City of Aspen 1. DATE SUBt~ITTED: ~-~o.. 81 2. APPLICANT:24!/1 flY!(~~6.rr,- STAFF: 'M (\{! fl W L1 i e:~e 'V.Q.j) Ylf' ( l:id.!cu0 -K~r'''\' . 9d5 -3-f7~ 3. 'REPRESENTATIVE: rV\dr!ej !" ARfl/\)D! 4. PROJECT NAME: jY1if!'l1U s,,\y,j;! )is'!!)\') ut!et:r/-,'6ft I (('(JI1r1Clnlh/I/II?/t!e;I,;m) . k0t-7?,' I W/ !. 1M c I. .' f!:J.~ 5. LOCATION: _.~c..,,- Irt:.<M 11lMll- ,.WOdlOi';I('iYl Cu'4. ) C.1.i.tJro..&~ 6. TYPE OF APPLICATION: Rezoning P.U.D. Special Review Growth Management HPC ~SUbdivision Y Exception Exemption 70:30 . . Residential Bonus _Stream Margin _8040 Greenline _View Plane ____Conditional Use _Other (lm&6min\Uffil~ J o.n Fj!ig.kl1~ dllf!CX, 7. REFERRALS: LAttorney ~Engineering Dept. ~Housing _Water _City Electric Sanitation District ____School District Mountain Bell _Rocky Mtn. Nat. Gas Parks _State Highway Dept. Holy Cross'Electric _Other _____Fire Marshal/Building Dept. 8. REVIEW REQUIREMENTS: 9. DISPOSITION: P & Z ~ Approved ~ Denied f! f) V1(~ ;-h o,\..Q.C\ II 'r1JY\ : (tn, \'n."; ","');~'\'\ S;Qc:.,.20-27. 2) h.c, ".\ M .-~y; ,,-\-; t~)' (S f1r'f~ \'" !- L '-. Ip.VlI~' -to , , (1 A ^ I'"T~ . + \-l> \ ",..-\- t,) \ 0.. \" \',1.', ,,j( \ I I" '.---\'" ~Ji.. O\J~Y/ _\ f r)Q \...; , r <. 0...\\ b ''''cR. l... '\ (\., .' (" ; I. 0:;' v- ~\ tv.:} 'l~G\.. \, n U, Date-J3!90 b~.C<:lt.'?_ t ~ l hI n.d l"""es- , ~ \ n,L.,-.. ' -'. r . ',_J 1 v"'" ('\.. . ~",Y'\C';', ,\__;('C n J/'~-\-~\~'ltY~-'1 \ , ~, '1\; q- <1.' \ ",) I~\ _.__ ...._by, - t\ , "\. ( ,) ;"",'--'.,5:..--- (t''':'\ -"i', ~ ~. \ ~ \)- \~\/'\ ", Approved ) .I,)7'U)",C " Denied Date Council ,,;,,:1\'''''\ I<",\,-r;~ ,,\II~o W(O-l....l,-- -fi.w-~,." 2- :5i (.; ~>+~~[ +e..~ \O-~ 1. 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MEMORANDUM TO: FROM: RE: DATE: Aspen City Council Colette Penne, Planning Office Marlow Subdivision Exception (Condominiumization) March 18, 1981 APPROVED AS TO FORM: Zoning: R-15 Location: Lot 7, Block 1, Pitkin Mesa Subdivision (1073-1075 Cemetary Lane) 16,421 sq. ft. (Duplex allowed on 15,000 sq. ft. if prior to code amendment requiring 10,000 sq. ft. per unit) Lot Size: Applicant Request: Subdivision exception to condominiumize an existing duplex. Engi neeri ng Department Comments: In their memorandum dated March 17, 1981, attached for your review, the following comments are offered: 1. The plat should be titled "Condominium Plat" rather than "Condominium Map" and must be dated and include the surveyor's signature and seal. 2. The condominium agreement should require both owners to join a sidewalk, curb and gutter im- provement district if one is formed for Cemetary Lane. Attorney's Comments: In his memorandum dated March 12, 1981, the Acting City Attorney comments: 1. If the subdivision exception is granted, approval should restrict both units to six-month minimum leases with no more than two shorter tenancies per year. 2. There should be no deed restriction to employee housing guidelines. Housing Director's Comments: No comments were received. Planning Office Review: Rental history of the unit is that the southerly unit (Unit 1) has been owner occupied until September 1, 1980, and the northerly unit (Unit 2) has rented for $585.00 for the past several years. First submission of the application indicated that Unit 2 was 1000 square feet, but the calculation was based on exterior measurements. Interior measurements show that the space is in fact only 758.16 square feet which means that it rents for $0.7716 per square foot. This rental is outside the middle income category outlined in Resolution 18, 1980. /,,,,..-, -- Memo: Marlow Subdivision Exception Page Two March 18, 1981 Planning Office Recommendation: P & Z Action: Council Act ion: The Planning Office recommends approval of the applicant's request for subdivision exception for purposes of condo- miniumization subject to the following conditions: 1. Notice and option provisions to current tenants ( 20-22). 2. Six-month mlnlmum lease restrictions with no more than two shorter tenancies each year, for both units (20-22). 3. There should be no deed restriction to employee housing guidelines. 4. That the plat submitted be title "Condominium Plat" rather than "Condominium Map", be dated and the surveyor's signature and seal attached prior to recording. 5. The condomimium agreement require both owners to join a sidewalk, curb and gutter improvement district if one is formed for Cemetary Lane. At its meeting on November 18, 1980, the Aspen Planning and Zoning Commission recommended subdivision exception approval conditioned on: 1. Notice and option provisions to current tenants (20-22) . 2. Six-month minimum lease restrictions with no more than two shorter tenancies each year, for both units (20-22) . 3. Deed restriction of the northerly unit to the current rent ($585 per month) with an annual increase as allowed by City Council resolution defining low, moderate and middle income quidelines over the five year period. For sale, middle-income quidelines at the time of sale apply. 4. The improvement survey as submitted is not an adequate condominium map and should be revised and resub- mitted prior to final presentation before City Council. The map should include schematic floor plans and cross-sections designating the individual units, a disclosure of ownership, zone district, common elements, on-site parking, and adjacent lots. Following Council approval all recording certificates would be added for Engineering Department approval. In response to these conditions, a revised condominium plat was submitted. Condition #3 has been removed by the accurate measurement of the unit. Should Council concur with the Planning Office and P & Z's recommendations, the appropriate motion is as follows: ---. Memo: Marlow Subdivision Exception Page Three March 18, 1981 "I move to except the Marlow Subdivision from full compliance with the subdivision regulations for pur- poses of condominiumization subject to the following conditions: 1. The applicant meeting the requirement of six month minimum leases and no more than two shorter tenancies per year; 2. The applicant complying with the requirement that existing tenants shall be given a written notice of a ninety-day option to purchase their unit and a first right of refusal to purchase; 3. The applicant agreeing to construct curb, gutter, and sidewalk as part of an improvement district if one is formed on Cemetary Lane; 4. The applicant revising the condominium plat prior to final recordation to meet the specifica- tions of the Engineering Department's memorandum. ,...., .r, "'-J MEMORANDUM TO: Housing Director Ci ty Attorney City Engineer FROM: Richard Grice, Planning Office, RE: Marlow Subdivision Exception DATE: February 26, 1981 The attached materials comprise a request on the applicants' behalf to change the conditions attached by the Planning and Zoning Commission in regard to the Marlow Subdivision Exception, which has been reviewed and recommended for approval on November 18, 1980 by the P & Z. Also included is the condo plat, which must be reviewed prior to City Council consideration. Please return any comments concerning either the request for changes in the con- ditions regarding rental restrictions or the condo plat no later than March 13, 1981; this item is scheduled for review by the P & Z on April 7, 1981. Thank you. :) HOLLAND & HART DENVER, COLORADO OFFICE 555 SEVENTEENTH STREET SUITE 2900 DENVER, COLORADO 80202 TELEPHONE (303) 575.8000 TELECOP1ER (303) 57$-8261 ATTORNEYS AT LAW 600 EAST MAIN STREET ASPEN, COLORADO 61611 TELEPHONE (303) 925-3476 WASHINGTON, D. C. OFFICE 1875 EVE STREET, N. W. SUITE IZOO WASHINGTON, D. C. 20006 TELEPHONE (202) 466-7340 TELECOPIER (202) 466.7354 BilliNGS. MONTANA OFFICE SUITE 1400 175 NORTH 27TH STREET BILLINGS, MONTANA 59101 TELEPHONE (406) 252-2166 TELECOPIER (406) 252-1669 LARAMIE, WYOMING OFFICE HOLLAND & HART & KITE .. WyOM'NG P"'''~NE''S'''P 618 GRAND AVENUE LARAMIE, WYOMING 62070 TELEPHONE (307) 742-8203 TELECOPIER (307) 79Z-761B CHARLES T. BRANDT (303) 925-3476 February 19, 1981 ':'\ ~I "''0 i......\ClClrJ ("::::11'1 '11 o 1'1 I'""',l ~ ' '. ! '.; J 1 1 \ : I !' . ~ ! I f, 1>'::,1' :JC1;';', :, i I I\\i ' 'I lit FEB 20 1981 ),:~; 1.... _0_....'___ ','L'PEN I "" :/!~J r,', 1"\<'.1.._ I' ~ ' , '_',' PU:\;\J;"~iNC~ OFf- ~.... City/County Planning Office 130 S. Galena Street Aspen, Colorado 81611 Re: Application of Hugh and Barbara Marlow for Exception from Aspen Subdivision Regulations - Duplex Condominiumization Gentlemen: On November 18, 1980, the Aspen Planning & Zoning Com- mission recommended approval of the Marlow Subdivision Exception Application conditioned upon several items. These included the notice and option provisions to the current tenants residing in unit 2 (the northerly unit), and a deed restriction relating to the City's Middle-Income Housing Price Guidelines for Rental and Sale for a period of 5 years in order to keep unit 2 in the employee housing pool. Further, it was requested that the condominium map be prepared prior to submittal of the Application to City Council. In the Application for Exemption from Definition of a Subdivision we stated that the northerly unit is approximately 1,000 square feet in size and rents for $585.00 per month. That rental amounted to $0.585 per square foot and fell within the middle category for existing units under Resolutions 3 and 18, 1980. The square footage in our Application was erroneous and now, with the benefit of the enclosed Condominium Map, we have exact interior measurements showing the square footage of unit 2 to total 758.16 square feet. We wish to amend our Application to correctly reflect the true square footage of unit 2. The rental rate of $585.00 per month yields a rental per square foot of $0.7716. This rental falls outside of Resolutions #3 and 18. I , HOLLAND &HART ""'" ~ City/County Planning Office February 19, 1981 Page Two Accompanying this letter are four prints of the proposed Condominium Map of Marlow Condominiums prepared pursuant to the Planning & Zoning Commission's request. Please let me know when the Marlow Subdivision will be placed on the agenda to be considered by the Aspen City Council. verty truly yours, , ""...,' (..,~/" L_'~<~ Charles T. Brandt for HOLLAND & HART CTB/fh Enclosure cc: Mr. and Mrs. Hugh Marlow Evan Boenning ,"""~ ......". MEMORANDUM -- TO: Collette Penne, Planning Office Jay Hammond, Engineering Department_~ FROM: DATE: March 17, 1981 RE: Marlow Subdivision Exception/Condominiumization Having reviewed the revised plat for the Marlow Condominiums, the Engineering Department has the following comments: 1. The map as submitted is not dated nor does it include the surveyor's signature and seal. These are matters easily corrected by the surveyor prior to final council approval and I will proceed to contact him. 2. The title should be changed from "Condominium Map" to "Condominium Plat" prior to recording. 3. The condominium agreement should require both owners to join a sidewalk, curb, and gutter improvement district in the event one is formed for Cemetery Lane. SPEN 130 s MEMORANDUM DATE: March 12, 1981 TO: Richard Grice FROM: BOb Edmondson RE: Marlow Subdivision Exception If the above entitled subdivision exemption is granted, the approva~ should be conditioned upon compliance with the six month rental restriction. There should be no deed restriction to employee housing :juidelines. RW5:mc ::: CITY OF ASV-J; .. MEMO FROM COLETTE PENNE , O;vcA /1- &4t0r~~~~ i1~JhL~~~) d~zii(f-tba ~)/8 Sc3 . -L~\ 0-22-/ h . ~, c:u..e.. J!~ ~..-yj -tA.e-' I f} i,. ~~poo..' ' ~. ~~o/F;j rz;~+ '. 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