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Home My WebLink Aboutcoa.lu.ec. Marlow 1073-7075 Cemetery Ln.61-80(LA MARLOW SUBDIVISION EXEMPTIO1, E aj SCALE I"z 10' 0 5 10 20 30 LEGEND 0 NO. 5 REBAR WITH PLASTIC CAP —� PROPERTY LINE. -- EASEMENT LINE. --- STREET CENTER LINE. ---- BUILDING SETBACK LINE MINIMUM. • FOUND REBAR AND CAP L.S. 6868 —O—O— WOOD RAIL FENCE di 6 WOOD FENCE 426;0=* RUBBLE ROCK PILE PITKIN MESA SUBDIVISION LOT 7 BLOCK I HUGH W. MARLOW SECTION CORNER B L M 1954 BRASS CAP TICS, R85W 6th P M. NOTES SURVEYORS CERTIFICATE L.S. 13166 SET BY THIS SURVEYOR. 1. THE BUILDING SETBACK LINE SHOWN IS FOR A CITY OF ASPEN ZONE I, LOUIS H. BUETTNER, A REGISTERED LAND SURVEYOR IN THE R-15. THE MINIMUM YARD SETBACKS ARE SHOWN. STATE OF COLORADO, DO HEREBY CERTIFY THAT THE SURVEY 2. THE LOT TIE SHOWN TO THE SECTION CORNER IS A CALCULATED TIE. OF LOT 7, BLOCK I, PITKIN MESA WAS MADE IN _ MAY, 1978, THE SUBDIVISION HAS A TIE SHOWN FROM THE SOUTHEASTERLY UNDER MY SUPERVISION AND THAT THIS PLAT ACCURATELY CORNER OF LOT I, BLOCK I, PITKIN MESA. AND PROPERLY SHOWS THIS SURVEY. 3, THE CALLS IN PARENTHESES ARE FIELD MEASUREMENTS. 4. BASIS OF THIS SURVEY IS THE SUBDIVISION PLAT OF PITKIN MESA RECORDED IN BOOK 3 AT PAGE 58 AND THE PITKIN MESA SUB— DIVISION, AMENDED PLAT RECORDED IN BOOK 4 AT PAGE 190, PITKIN LOUIS H. BUETTNER COUNTY CLERK AND RECORDER OFFICE. L.S. 13166 5. BASIS OF BEARINGS, CITY OF ASPEN TRIANGULATION STATION, RED DATE MAf .26. 1978 PLAT REVISED 7 1-80 BUTTE TO SECTION CORNER I, 2, 11,12 TOWNSHIP10 SOUTH, RANGE 85 , A WEST, OF THE 6th PRINCIPAL MERIDIAN OF S15o 08'09"E ., 6. PLAT REVISED 7—I-80 BY ADDING BUILDING ADDITION, REAR PARKING, : �"t, UTILITY LOCATIONS, RUBBLE AND REAR WOOD FENCE. t PITKIN MESA SUBDIVISION LOT 7 BLOCK I HUGH W. MARLOW SCALE I"= 10' 0 5 10 20 30 LEGEND NOTES 0 NO. 5 REBAR WITH PLASTIC CAP L.S. 13166 SET BY THIS SURVEYOR. I. THE BUILDING SETBACK LINE SHOWN IS FOR A CITY OF ASPEN ZONE — PROPERTY LINE. R-I5. THE MINIMUM YARD SETBACKS ARE SHOWN. ---- EASEMENT LINE. 2. THE LOT TIE SHOWN TO THE SECTION CORNER IS A CALCULATED TIE. - STREET CENTER LINE. THE SUBDIVISION HAS A TIE SHOWN FROM THE SOUTHEASTERLY --- BUILDING SETBACK LINE MINIMUM. CORNER OF LOT I, BLOCK I, PITKIN MESA. • FOUND REBAR AND CAP L.S. 6868 3. THE CALLS IN PARENTHESES ARE FIELD MEASUREMENTS. —O—O- WOOD RAIL FENCE 4. BASIS OF THIS SURVEY IS THE SUBDIVISION PLAT OF PITKIN MESA e A WOOD FENCE RECORDED IN BOOK 3 AT PAGE 58 AND THE PITKIN MESA SUB — 0k-5V-0 RUBBLE ROCK PILE DIVISION, AMENDED PLAT RECORDED IN BOOK 4 AT PAGE 190, PITKIN COUNTY CLERK AND RECORDER OFFICE. 5, BASIS OF BEARINGS, CITY OF ASPEN TRIANGULATION STATION, RED BUTTE TO SECTION CORNER I, 2, 11, 12 TOWNSHIP 10 SOUTH, RANGE 85 WEST, OF THE 6th PRINCIPAL MERIDIAN OF S15°O8'O9"E 6. PLAT REVISED 7-1-80 BY ADDING BUILDING ADDITION, REAR PARKING, UTILITY LOCATIONS, RUBBLE AND REAR WOOD FENCE. SECTION CORNER B L M 1954 BRASS CAP TI OS , R85W 6th P M SURVEYORS CERTIFICATE I, LOUIS H. BUETTNER, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE SURVEY OF LOT 7, BLOCK I, PITKIN MESA WAS MADE IN MAY, 1978, UNDER MY SUPERVISION AND THAT THIS PLAT ACCURATELY AND PROPERLY SHOWS THIS SURVEY. LOUIS H. BUETTNER L. S. 13166 DATE Ma 2 6. /97B PLAT REVISED 7- I-80 �� tVtl ' �131Its s r 3V F 0 F C()k w ��`IC.fJW f r 1. DATE SUBMITTED: ' �"�o'� No. (a -8 CASELOAD SUMMARY SHEET City of Aspen 1 1,' STAFF: 2. APPLICANT: 3. REPRESENTATIVE: rh r'Ps 4. PROJECT NAME: �n �Clhn//��/f?iC/!!!/LrG4w kzt--7 146 . 5. LOCATION:�aC�- 6. TYPE OF APPLICATION: Rezoning P.U.D. Special Review Growth Management HPC n 7. REFERRALS: Subdivision _Exception Exemption 70:30 Residential Bonus Stream Margin 8040 Greenline View Plane .Conditional Use Other Attorney Sanitation District School District X Engineering Dept. Mountain Bell Rocky Mtn. Nat. Gas Housing Parks State Highway Dept. Water Holy Cross Electric Other City Electric Fire Marshal/Building Dept. 8. REVIEW REQUIREMENTS: r 9. DISPOSITION: P & Z ✓ Approved ✓ Denied Date 1 t :. A � '," Yl .' 1 Council Approved J Denied Date / / f jo 6 ••::f--1 \ f-- � i •. G 1-yTC.1'`" '�-'` S' C_i. l _. 1 _ � „�r- Ir �� '-t_ t� r3 �.! --�-- ,...:� -�,� { J•i.-.�.� 0,0 psi-�". '� .�{ �� * �j 1 V . • �•�' . � -^ J 10. ROUTING: Attorney Building y Engineering r Other r CASELOAD SUMMARY SHEET City of Aspen 1. DATE SUBMITTED:— STAFF: STAFF: 2. APPLICANT: 3. REPRESENTATIVE: ��"'Jfk 1�AM�% �i��O 4. PROJECT NAME: (AX��11 �1o)Aw :1iM �.�(('L%� 1 5. LOCATION: 6. TYPE OF APPLICATION: Rezoning P.U.D. Special Review Growth Management HPC 7. REFERRALS: Attorney �Engineering Dept. Housing Water City Electric _Subdivision _Exception Exemption 70:30 Residential Bonus Sanitation District Fire Marshal Parks Holy Cross Electric Mountain Bell 8. REVIEW REQUIREMENTS: CQ ', No. lob-T- Stream Margin 8040 Greenline View Plane Conditional Use Other School District Rocky Mtn. Nat. Gas State Highway Dept. Other 9. DISPOSITION: P & Z `� Approved '� Denied Date f)OV, �c�y, l�o� 1'&Z recommended subdivision exception approval conditioned on: (1) Notice and option provisions to current tenant.s (20-22) (2) Six-month minimum lease restrictions with no more than two shorter tenaii(ries each year, for both units (20--22) (3) Deed restrict ion 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 guidelines over the five year period. For sale, middle --income guidelines at the time of sale apply. (4) The improvement survey as submitted is not an adequate condominium map and should pe revised and resubmitted 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. Council Approved Denied Date 10. ROUTING: Attorney Building Engineering Other • MEMORANDUM • TO: Aspen Planning & Zoning Commission FROM: Jolene Vrchota/Sunny Vann - Planning Office RE: Marlow Subdivision Exception (Condominiumization) DATE: November 12, 1980 Zoning: R-15 Location: Lot 7, Block 1, Pitkin Mesa Subdivision (1073-1075 Cemetery Lane) Lot Size: 16,421 sq. ft. (Duplex allowed on 15,000 sq. ft. if prior to code amendment requiring 10,000 sq. ft. per unit) Application: Subdivision exception to condominiumize an existing duplex. Rental History: Southerly unit: owner occupied until September 1, 1980. Northerly unit: 1,000 sq. ft. rents for $585 per month for past several years. Rent is $0.585 per sq. ft. This falls within the middle category for existing units (Resolutions 3 and 18, 1980). Engineering Comments: See attached memo stating one requirement for completion of site and condominiumization plans which should be completed prior to City Council approval. Attorney's Comments: Subdivision exception approval should be conditionedupon require- ments of Section 20-22: (1) Notice and option provisions to current tenants. (2) Six-month minimum lease restrictions with no more than two shorter tenancies each year, for both units. Consider rental history to determine if it falls in low and moderate housing pool. Housing Director's Comments: No comment was received. Planning Office Recommendation: Recommendation of approval conditioned on: (1) Notice and option provisions to current tenants (Section 20-22). (2) Six-month minimum lease restrictions with no more than two shorter tenancies each year, for both units (Section 20-22). (3) Deed restriction of the northerly unit to the City's middle -income housing price guidelines for rental or sale, for five (5) years;or other provisions to keep the unit in the employee housing pool. (4) The improvement survey as submitted is not an adequate condominium map and should be revised and resubmitted prior to final presentation before council. The map should include schematic floor plans and cross -sections designating the individual units, a disclosure of owner- ship, zone district, common elements, on -site parking, and adjacent lots. Following council approval all recording certificates would be added for engineering department approval. • • P & Z Recommendation: At its regular meeting on November 18, 1980, the Aspen Planning and Zoning Commission recommended subdivision exception (waive conceptual approval before City Council and preliminary before P&Z) for condominiumization of an existing duplex at Lot 7, Block 1, Pitkin Mesa Subdivision, 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 guidelines over the five year period. For sale, middle -income guidelines at the time of sale apply. (4) The improvement survey as submitted is not an adequate condominium map and should be revised and resubmitted 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. • 0 APPLICATION FOR EXEbW-T-1-eN FROM DEFINITION OF A SUBDIVISION Pursuant to Section 20-19 of the Code of Ordinances, City of Aspen, Colorado, the applicant, through their attorney, Charles T. Brandt, hereby submits to the Aspen Planning Commission this written application for exemption from the definition of a subdivision under Aspen Colorado Subdivision Regulation. The applicants are the owners of the following described real estate located in the City of Aspen, County of Pitkin, State of Colorado, to wit: Lot 7, Block 1, Pitkin Mesa Subdivision as recorded in Plat Book 3 at Page 58. There exists on the subject real estate a residential duplex. The building is divided into two separate living quarters. The applicants desire to convert both such quarters into condominium units and further desire to be exempted from the definition of a subdivision of the ordinance of the Asper. Code for the following reasons: 1. There are special circumstances or conditions affectin the subject property such that the strict applications of the provisions of the subdivision regulation would deprive the applicants of the reasonable use of their land. It is the established practice of the Aspen Planning Commission to exempt condominium conversions from the subdivision regulations because of the special circumstances surrounding such condominium conversions. 2. The exemption is necessary for the preservation and enjoyment of a substantial property right of the applicants. Application of the subdivision regulations would hinder the applicants in conveying either of the subject condominium units, and so impair their enjoyment of their property. 3. The granting of the exemption will not be detrimental to the public welfare or injurious to other property in the area in which the subject property is located. No new i • construction., or additional population growth would be effected by the subject condominium conversion. In other words, the subdivision of the existing duplex structure will not result in an increase in density. 4. The division of land contemplated in this application is not within the intent and purpose of the subdivision regulation. That purpose is "to assist the orderly, efficient and integrated development of the City of Aspen; to insure the proper distribution of population and coordinate the need for public services with governmental improvement programs; to encourage well -planned subdivision by setting standards for subdivision design in improvements; to improve land records and survey monuments by establishing standards for surveys, plans and plats; to safeguard the interests of the public and the subdivider and provide consumer protection for the purchaser; to acquire desirable public areas; and to otherwise promote the health, safety and general welfare of the residents of and visitors to the City of Aspen." Subdivision of this existing duplex does not compromise those purposes. 5. The northerly unit is approximately 1,000 square feet in size and rents for $585.00 per month. It has been rented for several years. As for the southerly unit it has been owner occupied until approximately one month ago when Mr. and Mrs. Marlow moved to Middlebury, Vermont. Since this unit has not been rented for 18 months, it would not be subject to the rental restriction provisions of the Aspen Municipal Code. However, as to the northerly unit, the owners will covenant that they will comply with the provisions of Section 20-22 of the Aspen Municipal Code regarding tenant displacement and minimum leasehold periods. Further, if the low and moderate rental guide- lines are applicable to this unit the Owners will abide by the same in renting this unit after condominiumization. Charles T. Brandt, Attorney for Hugh W. Marlow and Barbara H. Marlow August 1, 1980 - 2 - CITY OF. -'ASPEN 130 south galena street aspen, colorado 81611 Ml;' M(IA n T\TTIT TNI TO: Jolene Vrchota, Planning Office FROM: Jay Hammond, Assistant Ci eer DATE: November 14, 1980 RE: Marlow Subdivision Exception Having reviewed the above exception application for the purpose of con- dominiumization and made a site inspection, the Engineering Department has the following comments: 1. The exception procedure would be appropriate for the purpose of this application. The improvement survey as submitted is sufficient for acceptance as a conceptual plat at this stage. We would further recommend excepting the applicant from con- ceptual before council and preliminary before P & Z. 2. The improvement survey as submitted is not an adequate condo- minium map and should be revised and resubmitted prior to final presentation before 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. Foll- owing council approval all recording certificates would be added. CITY OF ASPEN 130 south galena street aspen, colorado 81611 MEMORANDUM DATE: November 3, 1980 T0: Sunny Vann FROM: Bolo Edmondson RE- Marlow Subdivision Exception Lot 7, Block 1 Pitkin Mesa Subdivision recorded in Plat Book 3 at Page 58 If the above -entitled subdivision exception is granted, the approval should be conditioned upon the applicant meeting the following requirements of Section 20-22 of the Municipal Code of the City of Aspen. [x] Notice and option provisions to current tenants [x] Each unit restricted to six-month minimum leases with no more than two shorter tenan- cies in a calendar year Considering the rental history of the property, it is possible that the Planning & Zoning Commission and City Council may determine that the property, or a portion thereof, is within the low and moderate housing pool. The rental history of the property should be presented to them for their consideration. RBE.mc APPLICATION FOR E%Et 6N FROM DEFINITION OF A SUBDIVISION Pursuant to Section 20-19 of the Code of Ordinances, City of Aspen, Colorado, the applicant, through their attorney, Charles T. Brandt, hereby submits to the Aspen Planning Commission this written application for exemption from the definition of a subdivision under Aspen Colorado Subdivision Regulation. The applicants are the owners of the following described real estate located in the City of Aspen, County of Pitkin, State of Colorado, to wit: Lot 7, Block 1, Pitkin Mesa Subdivision as recorded in Plat Book 3 at Page 58. There exists on the subject real estate a residential duplex. The building is divided into two separate living quarters. The applicants desire to convert both such quarters into condominium units and further desire to be exempted from the definition of a subdivision of the ordinance of the Aspen Code for the following reasons: 1. There are special circumstances or conditions affectin the subject property such that the strict applications of the provisions of the subdivision regulation would deprive the applicants of the reasonable use of their land. It is the established practice of the Aspen Planning Commission to exempt condominium conversions from the subdivision regulations because of the special circumstances surrounding such condominium conversions. 2. The exemption is necessary for the preservation and enjoyment of a substantial property right of the applicants. Application of the subdivision regulations would hinder the applicants in conveying either of the subject condominium units, and so impair their enjoyment of their property. 3. The granting of the exemption will not be detrimental to the public welfare or injurious to other property in the area in which the subject property is located. No new construction, or additional population growth would be effected by the subject condominium conversion. In other words, the subdivision of the existing duplex structure will not result in an increase in density. 4. The division of land contemplated in this application is not within the intent and purpose of the subdivision regulation. That purpose is "to assist the orderly, efficient and integrated development of the City of Aspen; to insure the proper distribution of population and coordinate the need for public services with governmental improvement programs; to encourage well -planned subdivision by setting standards for subdivision design in improvements; to improve land records and survey monuments by establishing standards for surveys, plans and plats; to safeguard the interests of the public and the subdivider and provide consumer protection for the purchaser; to acquire desirable public areas; and to otherwise promote the health, safety and general welfare of the residents of and visitors to the City of Aspen." Subdivision of this existing duplex does not compromise those purposes. 5. The northerly unit is approximately 1,000 square feet in size and rents for $585.00 per month. It has been rented for several years. As for the southerly unit it has been owner occupied until approximately one month ago when Mr. and Mrs. Marlow moved to Middlebury, Vermont. Since this unit has not been rented for 18 months, it would not be subject to the rental restriction provisions of the Aspen Municipal Code. However, as to the northerly unit, the owners will covenant that they will comply with the provisions of Section 20-22 of the Aspen Municipal Code regarding tenant displacement and minimum leasehold periods. Further, if the low and moderate rental guide- lines are applicable to this unit the Owners will abide by the same in renting this unit after condominiumization. Charles T. Brandt, Attorney for Hugh W. Marlow and Barbara H. Marlow August 1, 1980 - 2 - • • WASHINGTON, D. C. OFFICE 1875 EYE STREET, N. W. SUITE 1200 WASHINGTON, D.C. 20006 TELEPHONE(202) 466-7340 CHARLES T. BRANDT (303) 925-3476 HAND DELIVERY HOLLAND & HART ATTORNEYS AT LAW MOUNTAIN PLAZA BUILDING 434 EAST COOPER STREET ASPEN, COLORADO 81611 TELEPHONE (303) 925-3476 October 22, 1980 City/County Planning Office 130 South Galena Aspen, Colorado 81611 Attention: Jolene Vrchota DENVER COLORADO OFFICE 555 SEVENTEENTH STREET SUITE 2900 DENVER,COLORADO 80202 TELEPHONE (303) 575-8000 jV0 CT 2 21980 � ASPEN / PITKo'* W. PLANNING OFFICE Re: Application of Hugh and Barbara Marlow for Exemption from Aspen Subdivision Regulations - Duplex Condominiumization Dear Jolene: Enclosed please find the above -referenced Application to Condominiumize an existing duplex (4 copies). Our check in the amount of $50.00 in payment of the required Exemp- tion Fee and four (4) copies of the improvement survey on this property are also enclosed. Please set this matter for con- sideration by the Aspen Planning and Zoning Commission at the earliest convenient date. Thank you. Please let me know if you have any questions or whether additional information is required. Very truly yours, �g Aarles T. Brandt for HOLLAND & HART CTB/jlf Enclosure MEMORANDUM TO: Aspen City Attorney Aspen City Engineer Aspen City Housing Director FROM: Sunny Vann, Planning Office RE: Marlow Subdivision Exception DATE: October 27, 1980 The attached application requests exception from full subdivision for the purpose of condominiumization of a duplex located in Pitkin Mesa Subdivision. This item is scheduled to come before the Aspen Planning and Zoning Commis- sion on November 18, 1980; therefore, may I please have your comments no later than November 7, 1980? Thank you. � go MARLOW SUBDIVISION EXCEPTION 4) • tf't.. ` .':r ; .•-t 3' � � LY ., .:did �jf. ,A � .,, jjj$ h : ry 1, � y �I i t _ � . , p tt (� r� '}ice r t '• y q�• Mtn. b. ram. -t '` .. _ ... �. ,.rt.•.ae',+�.i.�,tr.y4+:}., .FOT•;w-�rarixlp7TtA)•ir.. :.ri:'r �#�"i'l w. �Y•.. `. �}. .. �. :tea- ., r 1 ...goo v No. (al- s CASELOAD SUMMARY SHEET City of Aspen 1. DATE SUBMITTED: a-ao - $1 STAFF: Oble' C ix-)Iy e 2. APPLICANT: .3. REPRESENTATIVE: Phade.s 9"u 'a 4. PROJECT t AME: Y�� i�:�I�) c1% l�S(1%1 ��'iDT�D/2 �(�D,�'inC;IYI/11�Clfi!/era}l f 5. LOCATION;;BC �i��w1 ��.��6._ fvpdit�i rcSY� . C�+l� 4�C��n , J --CVorac�� 6. TYPE OF APPLICATION: Rezoning Subdivision Stream Margin P.U.D. _Exception 8040 Greenline Special Review Exemption View Plane Growth Management 70:30 Conditional Use HPC Residential - Bonus Other �ni��U,vr11��-C-tfi�t c� 0.n F is�.►1r� ��,-��G� 7. REFERRALS: Y Attorney X Engineering Dept. Housing Water City Electric 8. REVIEW REQUIREMENTS: Sanitation District School District Mountain Bell Rocky Mtn. Nat. Gas Parks State Highway Dept. Holy Cross Electric Other Fire Marshal/Building Dept. 0 46 g. DISPOSITION: p & Z Approved v� Denied Date. '40 ~ Council Approved DeniedDate 0 m-ir\\ 47C) -4 4 10. ROUTING: Attorney Building ^�Engineering Other • 9 TO: FROM: MEMORANDUM Aspen City Council Colette Penne, Planning Office RE: Marlow Subdivision Exception (Condominiumization) DATE: March 18, 1981 APPROVED AS TO FORM: Zoning: R-15 Location: Lot 7, Block 1, Pitkin Mesa Subdivision (1073-1075 Cemetary Lane) Lot Size: 16,421 sq. ft. (Duplex allowed on 15,000 sq. ft. if prior to code amendment requiring 10,000 sq. ft. per unit) Applicant Request: Subdivision exception to condominiumize an existing duplex. Engineering 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. 0 • Memo: Marlow Subdivision Exception Page Two March 18, 1981 Planning Office Recommendation: 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 minimum 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. P & Z Action: 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. Council Action: 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. • • MEMORANDUM TO: Housing Director City 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. • • DENVER, COLORADO OFFICE 5SS SEVENTEENTH STREET SUITE 2900 DENVER, COLORADO 80202 TELEPHONE (303) 575-8000 TELECOPIER (303) 57S-8261 BILLINGS, MONTANA OFFICE SUITE 1400 175 NORTH 27TH STREET BILLINGS, MONTANA 59101 TELEPHONE (406) 252-2166 TELECOPIER (406) 252-1669 CHARLES T. BRANDT (303) 925-3476 HOLLAND & HART ATTORNEYS AT LAW 600 EAST MAIN STREET ASPEN, COLORADO 81611 TELEPHONE (303) 925-3476 February 19, 1981 City/County Planning Office 130 S. Galena Street Aspen, Colorado 81611 Re: Application of for Exception Regulations - Gentlemen: WASHINGTON, D. C. OFFICE 1875 EYE STREET, N. W. SUITE 1200 WASHINGTON, D. C. 20006 TELEPHONE (202) 466-7340 TELECOPIER (202) 466-7354 LARAMIE, WYOMING OFFICE HOLLAND S HART 6 KITE 618 GRAND AVENUE LARAMIE, WYOMING 82070 TELEPHONE (307) 742-8203 TELECOPIER (307) 792-7618 r FEB 2 0 ASPEN / P; i KIN CG. PLANNING 0MC-L Hugh and Barbara Marlow from Aspen Subdivision Duplex Condominiumization 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. • 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. Very truly yours, r 4 C / Charles T. Brandt for HOLLAND & HART CTB/fh Enclosure cc: Mr. and Mrs. Hugh Marlow Evan Boenning • MEMORANDUM • TO: Collette Penne, Planning Office FROM: Jay Hammond, Engineering Department 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. • CITY OF ASPEN 130 south galena street aspen, colorado 81611 MEMORANDUM LATE: March 12, i981 TO: Richard Grice FROM: Bob Edmondson RE: Marlow Subdivision Exception It the above entitled subdivision exemption is granted, the approvai should be conditioned upon compliance with the six month rental restriction. There should be no deed restriction to employee housing guidelines. RWS:mc 9 CITY OF ASFO1 MEMO FROM COLETTE PENNE � I m I m I N I � 1 1 I 2 O 1 WEST 10 � 20 ~ � z 1 w w 1 w UNIT I w YARD L . C. E. f w J 1 p ~ I tY O 1. O I SCALE I"=10� 0 10 20 N 5 15 25 LEGEND & NOTES UNIT 2 YA RD L . C. E. __- 98.45 PARKING AREA FOUND 4#5 REBAR WITH CAP AS DESCRIBED O SET #5 REBAR WITH CAP L.S. 13166 -;s—;1 WOOD FENCE O ROCK PILE CALLS IN ( ) ARE FIELD. ALL OTHERS ARE RECORD. BASIS OF BEARINGS: CITY OF ASPEN TRIANGULATION STATION ON RED BUTTE TO SECTION CORNER 1-2-11-12, T.IOS., R.85W., 6TH P.M. - S. 150 08'09 " E. L.C.E. LIMITED COMMON ELEMENT G.C.E. GENERAL COMMON ELEMENT CALL IN [] ARE L.C. E. YARD O/STANCES L.C.E. YARD LINES LEGAL DESCRIPTION LOT 7, BLOCK I, PITKIN MESA SUBDIVISION, CITY OF ASPEN, COLORADO INDEX OF SHEETS SHEET I - SITE PLAN, SURVEY INFORMATION, RECORDING INFORMATION SHEET 2-SCHEMATIC FLOOR PLANS AND CROSS-SECTION LOT 8 WEST 215 LOT 7 (3.0 FA UNIT / P�RCy E n MINIMUM BUILDING SETBACK LINE FOR R-15 CONDOMINIUM MAP OF MARLOW CONDOMINIUMS AN EXISTING DUPLEX SITUATED ENTIRELY ON LOT 7, BLOCK I, PITKIN MESA SUBDIVISION, CITY OF ASPEN, COLORADO 5 OWNER S CERTIFICATE HUGH W. MARLOW AND BARBARA H. MARLOW, AS OWNERS OF AN EXISTING DU- PLEX LOCATED ON LOT 7 , BLOCK I , PITKIN MESA SUBDIVISION, CITY OF ASPEN, COLORADO, DO HEREBY CERTIFY THAT THIS PLAT OF THE MARLOW CONDOMINIUMS HAS BEEN PREPARED PURSUANT TO THE PURPOSES STATED IN THE CONDO- MINIUM DECLARATION FOR SAID CONDOMINIUMS DATED THIS DAY OF 198—, AND RECORDED IN BOOK ____.—AT PAGE OF THE RECORDS OF THE CLERK AND RECORDER, PITKIN COUNTY, COLORADO. WATER METr.J `GAS METER I I \ \ '1� A \ HUGH W. MARLOW BARBARA H. MARLOW I UNIT 2 7 UNIT 2 h PC1'Cy EXISTING ` CE ST pRY WOOD DUF LECE TRIC METERS X i UNIT I I I I I (59.85 ') I i ZONING 5 EAST 222.27 LOT 6 SURVEYOR'S CERTIFICATE UNIT 2 \ YARD L . C. E. 1 1 --- WEST [63.4I� UNIT I YA R D L . C. E. I, LOUIS H. BUETTNER, A REGISTERED SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE ACCOMPANYING PLATS WERE MADE UNDER MY SUPERVISION, AND REPRESENTS AN EXISTING DUPLEX ON SAID LOT 7, BLOCK I, PITKIN MESA SUBDIVISION, CITY OF ASPEN, COLORADO, SAID DUPLEX BEING A SPLIT STORY WOOD STRUCTURE, EACH CONDOMINIUM BEING DESIGNATED AS SHOWN HEREON, LOUIS H. BUETTNER, L.S. 13166 DATE CITY ENGINEER' S APPROVAL I, DANIEL A. MCARTHUR, CITY ENGINEER POR THE CITY OF ASPEN, COLORADO, DO HEREBY APPROVE OF THIS PLAT OF MARLOW CONDOMINIUMS TO BE RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO. DANIEL A. MC ARTHUR, CITY ENGINEER DATE PLANNING AND ZONING COMMISSION APPROVAL THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ASPEN, COLORADO, DOES HEREBY APPROVE OF THIS PLAT OF MARLOW CONDOMINIUMS TO BE RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO. PLANNING AND ZONING CHAIRMAN DATE \ STATE OF COLORADOi S.S. COUNTY OF PITKIN YQ "� 3 THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS — DAY OF BY HUGH W. MARLOW AND BARBARA H. MARLOW, AS OWNERS. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES `fl 7- NOTARY PUBLIC O � w r Z, U� J w W z v w U CITY APPROVAL THE CITY COUNCIL MEMBERS, CITY OF ASPEN, COLORADO, DO HEREBY APPROVE OF THIS PLAT OF MARLOW CONDOMINIUMS TO BE RECORDEL IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO. MAYOR DATE ATTEST CLERK AND RECORDER CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF CLERK AND RECORDER AT O'CLOCK _.M., THE —.—DAY OF , IN THE YEAR OF , AND IS RECORDED IN BOOK ON PAGE , RECEPTION NO.---. CLERK AND RECORDER SHEET I OF 2 SHEETS K ELEVATIONS FROM COAST AND GEODETIC SURVEY, SEA -LEVEL DATUM OF 1929, ADJUSTMEN OF 1960, BENCH MARK 7909, ADJUSTED ELEVATION 7906.802', SOUTHWESTERLY CORNER OF PITKIN COUNTY COURTHOUSE FOUNDATION SOUTH ELEVATION SECTION A -A UNIT I INTERIOR WALL AND CEILING, PORCH LINES — — — - BUILDING FACE OVERHANG L.C.E. LIMITED COMMON ELEMENT G.C.E. GENERAL COMMON ELEMENT C.H. CEILING HEIGHT ARLOW CONDO. SHEET 2 of 2 i SCALE I"=10' 0 10 20 N 5 IS 25 LEGEND a NOTES • FOUND 05 REBAR WITH CAP AS DESCRIBED O SET #5 REBAR WITH CAP L.S. 13166 v� WOOD FENCE C�OUC) ROCK PILE CALLS IN ( ) ARE FIELD. ALL OTHERS ARE RECORD. BASIS OF BEARINGS: CITY OF ASPEN TRIANGULATION STATION ON RED BUTTE TO SECTION CORNER 1-2-II-12, T.10S., R.85W., 6TH P.M. - S. 150O8' 09"E. L.C.E. LIMITED COMMON ELEMENT G.C.E. GENERAL COMMON ELEMENT CALL IN [] ARE L.C. E. YARD D/STANCES L.C.E. YARD LINES LEGAL DESCRIPTION LOT 7, BLOCK 1, PITKIN MESA SUBDIVISION, CITY OF ASPEN, COLORADO INDEX OF SHEETS SHEET I -SITE PLAN, SURVEY INFORMATION, RECORDING INFORMATION SHEET 2-SCHEMATIC FLOOR PLANS AND CROSS-SECTION CONDOMINIUM MAP OF MARLOW CONDOMINIUMS AN EXISTING DUPLEX SITUATED ENTIRELY ON LOT 7, BLOCK I, PITKIN MESA SUBDIVISION, CITY OF ASPEN, COLORADO SURVEYOR'S CERTIFICATE I, LOUIS H. BUETTNER, A REGISTERED SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE ACCOMPANYING PLATS WERE MADE UNDER MY SUPERVISION, AND REPRESENTS AN EXISTING DUPLEX ON SAID LOT 7, BLOCK I, PITKIN MESA SUBDIVISION, CITY OF ASPEN, COLORADO, SAID DUPLEX BEING A SPLIT STORY WOOD STRUCTURE, EACH CONDOMINIUM BEING DESIGNATED AS SHOWN HEREON. LOUIS H. BUETTNER, L.S. 13166 DATE CITY ENGINEER'S APPROVAL I, DANIEL A. MCARTHUR, CITY ENGINEER FOR THE CITY OF ASPEN, COLORADO, DO HEREBY APPROVE OF THIS PLAT OF MARLOW CONDOMINIUMS TO BE RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO. DANIEL A. MC ARTHUR, CITY ENGINEER DATE PLANNING AND ZONING COMMISSION APPROVAL THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ASPEN, COLORADO, DOES HEREBY APPROVE OF THIS PLAT OF MARLOW CONDOMINIUMS TO BE RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO. PLANNING AND ZONING CHAIRMAN DATE 1 OWNER S CERTIFICATE HUGH W. MARLOW AND BARBARA H. MARLOW, AS OWNERS OF AN EXISTING DU- PLEX LOCATED ON LOT 7 , BLOCK I , PITKIN MESA SUBDIVISION, CITY OF ASPEN, COLORADO, DO HEREBY CERTIFY THAT THIS PLAT OF THE MARLOW CONDOMINIUMS 24 3.32 HAS BEEN PREPARED PURSUANT TO THE PURPOSES STATED IN THE CONDO- MINIUM DECLARATION FOR SAID CONDOMINIUMS DATED THIS _ DAY OF , 198—, AND RECORDED IN BOOK AT PAGE OF THE RECORDS OF THE CLERK AND RECORDER, PITKIN COUNTY, COLORADO. HUGH W. MARLOW BARBARA H. MARLOW 50' STATE OF COLORADO� COUNTY 01 PITKIN S.S. rQ � =i Q THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS . —__ DAY OF _...- __198— BY HUGH W. MARLOW AND BARBARA H. MARLOW, AS OWNERS. r r N WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: 7i 10\ - � % NOTARY PUBLIC a u. 0 a � w U3 lz W W r Z U u w U B SECTION CORNER B.L.M.1954 2 BRASS CAP T.10S., R.85W. 6TH P.M. II 12 CITY APPROVAL THE CITY COUNCIL MEMBERS, CITY OF ASPEN, COLORADO, DO HEREBY APPROVE OF THIS PLAT OF MARLOW CONDOMINIUMS TO BE nECORDEG IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO. MAYOR DATE ATTEST CLERK AND RECORDER CLERK AND RECORDER'S CERTIFICATE THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF CLERK AND RECORDER AT O'CLOCK _.M., THE DAY OF IN THE YEAR OF , AND IS RECORDED IN BOOK ON PAGE RECEPTION NO. — CLERK AND RECORDER SHEET I OF 2 SHEETS 1 N SCALE 1 = 4' 0 2 4 I 3 5 10 V. 7824.0 UNIT 2 ELEVATION SECTION B-B ------- G.C.E.--------------------� 32.4' CABINET UN17 2 L.C.E. PORCH � 1 T J FIRST FLOOR LEGEND EXTERIOR WALL (0.75') AND COMMON WALL (0.5') �K ELEVATIONS FROM COAST AND GEODETIC SURVEY, SEA -LEVEL INTERIOR WALL AND CEILING, PORCH LINES DATUM OF 1929, ADJUSTMEN OF 1960, BENCH MARK 7909, — -- - BUILDING FACE OVERHANG ADJUSTED ELEVATION 7906.802', SOUTHWESTERLY CORNER OF L.C.E. LIMITED COMMON ELEMENT PITKIN COUNTY COURTHOUSE FOUNDATION G.C.E. GENERAL COMMON ELEMENT SOUTH ELEVATION SECTION A -A C.H. CEILING HEIGHT UNIT I 38.35' � B W CONDO. SHEET 2 OF 2