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Home My WebLink Aboutcoa.lu.ec.Lot1,ParrySubd.SneakyLane.20-81 -~I}.~e(~ S!Jq!YI 1-;le C oP'/ ,. ,..". No. ;) () - :? / CASELOAD SUMMARY SHEET Ci ty of Aspen 1. DATE SUBMITTED: O<./.;l 5/ 'i' I , C' I; ClV'(J\yn Ie.{ IY V I STAFF:~;&marv 2. APPLl CANT: 3. REPRESENTATIVE: 'he. 'fS e. It BD X / q L.( I) ~ S pe n CO r J ~ I ~ qOlS - 3f 4~ 4. PROJECT NAME: ~a'('f'\1 ~l.tbJ;vis;0V\ <[)(cept,'cw) 5. LOCATION, l..ot I ; f~rrV~1~~~i \ i ""-, ~~~~ ";" IOw_\\t_ 0_ _J__rt ~,__?-b.k.__ L4nC',\ , YW'. C~5tle Lr'~K) 6. TYPE OF APPLICATION: Rezoning P.U.D. Special Review Growth Management HPC ~UbdiVision Exception Exemption 70:30 Residential Bonus _____Stream Margin 8040 Green 1 i ne View Plane Conditional Use Other ('()I? Nom /!?/(;Jll;'?a 1/8/1 7. REFERRALS: / Attorney ~Engineering Dept. .,/ Housi ng Water _____City Electric ~lJ.; \ cl', (\ j be-fO- r--t yY) e vD- Sanitation District ____School District ~Fire Marshal _____Rocky Mtn. Nat. Gas Parks _____State Highway Dept. Holy Cross Electric _____Other Mountai n Bell 8. REVIEW REQUIREMENTS: -to f'f 1:- On. ~r; I )1, /qr/. , I I I 1 I i i ",.., 1) The applicant revising the condominium plat prior to review of this application by City Council to correct the errors identified by the Engineering Department in their memo dated March 10, 1981; 2) The applicant agreeing that the units shall be restricted to six month minimum leases with no more than two shorter tenancies per year; Approved / Denied Da tl' ~ >( S I 9. DISPOSITION: P & z / 3) The applicant applying for the appropriate permits for the furnace and wiring found in the garage prior to review of this application by City Council and permitting the necessary Building Department inspections of these facilities; 4) The applicant eliminating the illegal kitchen facilities in the south 'unit and replacing them with the appropriate washer and dryer and eliminating one of the two kitchens located in the north unit prior to review of this application by City Council; and 5) The applicant agreeing not to lock 'off the bedrooms in the north unit, instead utilizing them as a single two-bedroom condominium unit while also not creating a second residence in the south unit. Council ../ Approved ../ Denied Date S"' ,;u I 'Is \ o \\..1..- ~~f\lL"* ~...::. M- ~ '^~,~ ~~I':>L f-.U*~~ \ ') ~\( _._Ii\. _,_~___ ~ ~,6l. ~",-",,,,,-- ~~ ~o ~L,~.{-..~ iV"-~J ~\ ~) ~ ~r(\'\"'~ i\:'~1 "'O\- ~ lo'-'~ ~~\C. ~ P>~'l ,......0\... lI"o<t-lfL "-'~ll~~W A,l~(~ ~~ Ar <,,+ ~o-~o"'- ~~..-,~,__ v~,-\- ""L.L c..L~o II'-<l-\- ~-\...::" A. ~J) ~~ I l'- 6'u- So - 0-- \J '- , .J. 10. ROUTING: Attorney ~lding Engineering Other SCHEDULE A .; Order NumDer: 2048 Commitment Number: CC 82780 1. Effective date: SEPTEMBER 5, 1979 AT 8:00 A.M. 2. Policy or Policies to be issued: Amount of Insurance Premimn A. ALTA Owner's Policy Proposed Insured: CAROLYN HIATT PARRY s 400,000.00 $505.38 B. ALTA Loan Policy Proposed Insured: MAJESTIC SAVINGS AND LOAN ASSOCIATION s 90,000.00 AND/OR ASSIGNS $ 20.00 c, s Endorsement 100 Tax Certificate $ 10.00 $ 5.00 3_ The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof vested in: CAROLYN HIATT PARRY 4 The land referred to In thl$ commitment is described as follows: Lot 1, PARRY SUBDIVISION, according to the Map thereof in Plat Book 6 at page 124, County of Pitkin, State of Colorado. NOTE: Upon payment of an additional premium of $10.00, Endorsement(s) 100 will be added to the mortgage policy to be issued hereunder. Page 2 STEWAR'r'rITLE GUARANTY COMPANY 1652 M'_.__"__'."___'~'_____~'__"----'_____________ SCHEDULE B - Section 1 Order Number: 9048 Commitment Number: CC 82780 Requirements The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: (c) Release by the Public Trustee of Pitkin County of Deed of Trust from George Grant Parry and Carolyn Hiatt Parry for the use of The Bank of Aspen to secure $75,000.00 dated January 20, 1976 and recorded January 22, 1976 in Book 307 at page 976. (d) Release by the Public Trustee of Pitkin County of Deed of Trust from Carolyn Hiatt Parry for the use of United Bank of Denver National Asso- ciation to secure $15,633.47 dated July 20, 1979 and recorded August 10, 1979 in Book 373 at page 971. (e) Partial Release by the Public Trustee of Pitkin County, releasing subject property from the lien of Deed of Trust from Harold E. Valley for the use of Diversified Investments, Inc., a Colorado corporation, to secure $125,000.00 dated August 2, 1978 and recorded August 2, 1978 in Book 352 at page 457. (f) Deed of Trust from Carolyn Hiatt Parry to the Public Trustee of Pitkin County, for the use of Majestic Savings and Loan Association and/or assigns to secure $90,000.00. (g) Properly executed and notarized final affidavit and agreement by the general contractor and/or owner delivered to and approved by Stewart Title Guaranty Company. NOTE: It is not necessary that the instruments called for under Require- ment(s) (g) above be placed of record. However, the original must be delivered for the files of Stewart Title Guaranty Company. 1653 Page 3 STEWART TITLE GUARANTY COMPANY SCHEDULE B - Section 2 Exceptions Order Number: 9048 Commitment Number:CC 82780 The policy or policies to be issued will contain exceptions to the fOllowing unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.Any and all unpaid taxes and assessments and any and all tax sales which have not been properly redeemed or cancelled. Treasurer's Certificate of taxes due has been ordered. 7.The right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises, as reserved in United States Patent recorded in Book 55 at page 32 and in Book 55 at page 35. 8.A l6-foot easement for waterline, together with the right to enter along the course of said easement for maintenance and repair, as described in deed to the City of Aspen recorded December 10, 1959 in Book 189 at page 320. 9.An easement for a l5-foot roadway as reserved in deed recorded January 27, 1958 in Book 183 at page 286. 10.A right of way for ingress and egress 40 feet in width as described in deed recorded February 18, 1963 in Book 201 at page 180. 11.A 20-foot easement for road purposes as set forth in deed recorded August 19, 1964 in Book 208 at page 512. l2.Easement granted to Aspen Metropolitan Sanitation District as set forth in instrument recorded May 17, 1978 in Book 348 at page 112. l3.Any and all interest of H. R. VanDemoer in subject property. l4.Any tax, assessment, fees or charges by reason of the inclusion of subject property in Aspen Fire Protection District, Aspen Sanitation District, The City of Aspen and the Aspen Valley Hospital District. Exceptions numbered are hereby omitted. 1654 Page 4 STEWART TITLE GUARANTY COMPANY o ~ I . . CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed I nsured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed I nsured and such parties included under the definition of I nsured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the exclusions from coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Anv claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. STEWART TITLE GUARANTY COMPANY Page 5 American Land Title Association Commitment edified 10/73 ..~_"'~r~~~~~Q!'~~.. _~~~;:>~~=.=:..: >.:. =: ...' .... . =~:~=-,J;:..:t;- ..... . =~=::r.: :~.-t' ... ....~.~. ... COMMITMENT FOR TITLE INSURANCE . ISSUED BY ~. ", . , . ,,,.,.... STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the landlif$ribEld or referred to in$chedule A, upon payment of the premiums and charges therefor; all subj~t1x:ltheprovisi()nsofSchedlJles A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed I nsured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary totl'leissuance of such policy or policies of title insurance and all liability and obligations hereunder shalLcease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or pol icies]$ not the fault of the Company. This Commitment shall not be valid or binding until countersigned byan ;luthorized officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." 11(,'IIIIIIIIJ/'/""4-~~ \\\I,\\'\"lE GlJ4, ~ l~."";;;:'.",~'\. .'!~/ <;J:,RPOIi" .~\ ~~:~ -*- ~:-<~ l';,... 1908 ,:gg '\ ,;;....:.... ...~. Ii "' 'J"tX'A~ 1111\\\\ %,-y"#III#I/l11111 STEWART TITLE GUARANTY COMPANY -G:~ '"hc~ Chairman of the Board elAawI$~ President -1lnffO Serial No. CC 406000 r I This Endorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. Nothing herein contained shall be construed as extending or changing the effective date of said policy, unless otherwise expressly stated. t I Signed under seal for the Company, but this Endorsement is to be valid only when it bears an authorized countersignature, this the 12th day of Countersigned: 0'- . ~ ENDORSEMENT TO TITLE POLICY 0 323236 SERIAL NUMBER CHARGE $ N/C 9048 ISSUED BY STEWART TITLE GUARANTY COMPANY HEREIN CALLED THE COMPANY Schedule B, paragraph 12, is hereby deleted. October 19 79 STEWART TITLE 11I11/1f11l111.....,4. .,Lljlll\~\..Ec(J' ~\~. "\..04......'4.6~ ~\ A.... .... ..;:4~" I 4::: Q"PO,f. .~ '" ~~:~(J "1)0, ~...(~ ~.....:, -*-~: 1:: ~t;,\ 1908 .-:g$ \. ;..... .... ..,~ ~~ "*' i......~ l\~ ""'""'.....~~d~lll~ GUARANTY COMPANY ~~ '"hc~ Chai rman of the Board e/~/;f~ President EN:~::~~ENT E 2 2 7 4 9 0 ---- ~,,~ ~~ '-tlll'lS-l ~A"^t 1$;( ~ - \~t._s .\-0 f1.ae. Oul+ __'02. . uoI>l~ ~ :) <; \...~l \...... Qo"'.....~,.\""~ - ..~f{IO~ ~ ~ A-.-..lJ. p,. ~~-t101'- <; L. 00 4ho ~ AA-.3 :;; \"""a.~ \-"' 1~~ ~ ~ ~~......JJ) "t"l \_ ~ ~P,'T' ~ ~ ~ ~~\reJ.JL ~_~ '$~ Ar--<.. ~er-'~ f4t~"" eJ"-4"-4.-1 Ud""~'S r/I-D- 61. UA~:O> p ~ r--ocvL v. \",,\:..t. L ~ \S ~o-..... ~ '^- I\-~ l, ~ ~ ~ G-IC- ~ 1\..0 0 - S 6> f F ~ _ ~ ~'" ~ ~ . QQ1.v....\ b. ,:'j .. l., --+1 r f ~ t.- w~ 'OFF A~ A~ ~p- ~fe "- r:;:.o.....,(L~~ 0f"~^<' ~ 4-~ ~o ,...,UtR ~~- .4-c. 4 6..lfl- ~ ~ 1\~ ~ c..ov&Ac.o..... A, p.r~t\.t)J...\.. 0", - e..\.\,-- ~\."'-I.C- \:.. ~'Q.,^,fl v"",.\- Av& loOLL ~ v~ ~<l-- No.(,/L vf - ~.....o~\."'i~ et-- (=-~ ~ 7"\~ '-"J .- ~ ~ ""* .\... t.. <..<<. 0 C..r- ~ v f1 -+ J\. (~ ,^-oJi\- v.....,t? ~J.- ~ -k.+S' eV\( 7..~~ ~ ~ ~ ~ ~~ f4,1~ L~~ C:-O t~ l.8...1.o~l""\' Y: ~ ~ ~.yr ~ "'-\ ~i .... · rt. I. f-( , Lu. I fll-+fv) p.~ "4>-\ ~ID':"( """ -- ME~10RANDUM TO: Aspen City Council FROM: Alan Richman, Planning Office RE: DATE: Parry Subdivision Exception (Condominiumization) ( , " APPROVED AS TO FORM: ~ ( / cvi"",,, , , May 15, 1981 Zoning: Location: Lot Size: Applicant's Request: Engineering Department's Comments: Attorney's Comments: Building Inspector's Comments: R-30 Residential Lot 1, Parry Subdivision, City and Townsite of Aspen (Sneaky Lane along Castle Creek) 51,770 square feet The applicant is requesting an exception from full subdivi- sion for the purposes of condominiumizing an existing duplex. In his memoranc!ur,l dated March 10, 1981, the Engineer iden- tifies numerous corrections which need to be made to the condominium plat. The Engineer also incorrectly notes that a condominium. decl aration should be submitted by the appl i- cant; the City has not traditionally required such a document for the condominiumization of a duplex. The Attorney comments that approval of the application should be conditioned on full compliance with the requirements of Section 20-22 of the Code. The applicant has addressed these provisions by indicating that neither unit has historically rented at a cost that falls within the City's housing price guidelines. The applicant has also demonstrated that the lease for the current tenants will run out on May 1, 1981 and the tenants will be leaving town at that time, eliminating any displacement concerns. The other unit is currently owner occupied. Therefore, the approval of this request need only be conditioned on the following: - the applicant's agreement that the units shall be restricted to six month minimum leases with no more than two shorter tenancies per year. A member of the Building Department performed an inspection of the premises and this inspection was later repeated by a member of the Planning Office. Several violations were uncovered during the inspections, including the following: 1. There is a furnace in the garage which has been connected without appropriate permits or inspections. The wiring for this unit, along with other illegal wiring in the garage, presents a clear life, health and safety danger to the occupants of the residence. 2. The applicant was previously caught (October 1,1980) while in the process of converting the existing duplex into a fourplex. In the so-called "north unit" upstairs, there is an internal stairway leading up to a two-bedroom unit which has separate doors to each bedroom which can be locked off. There are rudi- mentary kitchen facilities available for each bedroom, including a sink, refrigerator and stove for one room and a sink, cabinents and room for a microwave for the other room. There are also separate outside stair- ways which access these rooms from the patio. In the so called "south unit" downstairs, an illegal kitchen, including a sink, cabinents and refrigerator had been installed in an area formerly used for a washer/dryer unit. The applicant was in the process of creating a second unit here as well. I , Memo: Parry Subdivision Exception (Condominiumization) Page Two May 15, 1981 3. At the time of the most recent inspections, while no rooms were locked off and only a duplex was in existence, the presence of illegal kitchen facili- ties continues to be a matter of concern since they provide the potential for the creation of additional illegal units. In addition, an illegal bedroom was found in the garage which was being occupied. The Planning Office recommends that the extra kitchens and the bedroom in the garage be completely removed to eliminate all violations of building codes and zoning regulations. Planning Office Recommendation: The Planning Office recommends approval of Caroline Parry's request for subdivision exception subject to the following conditions: 1) The applicant revising the condominium plat prior to review of this application by City Council to correct the errors identified by the Engineering Department in their memo dated March 10, 1981; 2) The applicant agreeing that the units shall be restricted to six month minimum leases with no more than two shorter tenancies per year; 3) The applicant applying for the appropriate permits for the furnace and wiring found in the garage prior to review of this application by City Council and permitting the necessary Building Department inspections of these facilities; 4) The applicant eliminating the illegal kitchen facilities in the south unit and replacing them with the appropriate washer and dryer and eliminating one of the two kitchens located in the north unit prior to review of this application by City Council; and 5) The applicant agreeing not to lock off the bedrooms in the north unit, instead utilizing them as a single two-bedroom condominium unit while also not creating a second residence in the south unit. P & Z Action: Following a site visi.t and tbDrough review of the status of the building code violations, the Aspen P & z at their meeting on May 5, 1981, recommended that you approve the applicant's request, concurring with the five conditions recommended by the Planning Office. During the process of P & Z review, the applicant brought both units up to the code specifications of the Building Department. The applicant has also submitted a revised condominium plat to meet the requirements of the Engineering Department. Council Acti on: Should you concur with the recommendations of the Planning Office and P & Z, the appropriate motion is as follows: "I move to approve the request by Carolyn Parry for subdivision exception for the purposes of condominiumi- zing her duplex subject to the following conditions: 1. The applicant agreeing that the units shall be restricted to six month minimum leases with no more than two shorter tenancies per year; 2. The applicant agreeing not to lock off the bed- rooms in the north unit, instead utilizing them as a single two-bedroom condominium unit while also not creating a second residence in the south unit." , ~~ APPLICATION FOR EXCEPTION FROM SUBDIVISION REGULATIONS Request is hereby made by Carolyn Hiatt Parry under Section 20-19(a) of the City of Aspen, Colorado, subdivision regulations for approval through the subdivision exception process of her plan for condominium- ization with respect to real property described as: Lot 1 Parry Subdivision City and Townsite of Aspen City of Aspen Pitkin County, Colorado An exception in this case would be appropriate. The application involves subdivision of an existing duplex. Council has, of course, permitted condominiumization of many duplexes in the past, and this request is similar to those. An exception in this case will not conflict with the intent and purpose of the subdivision regulations which are directed to assist the orderly, efficient and integrated development of the City of Aspen, to ensure the proper distribution of population, to coordinate the need for public services and to encourage well planned subdivisions: No tenants will be displaced as a result of this condominium- ization. The lease for the current tenants runs only until May 1, 1981. They will be leaving town at that time, and this was their intent at the time they rented the unit. In fact, they were delighted they were not required to sign a year's lease. There are two units within this application. The south unit contains 1800 square feet. From June, 1979 to October, 1980, this unit was owner occupied. In November, 1980, it was rented for $1450.00 per month, which places it outside the guidelines for low and Inoderate1y priced housing. The north unit contains 720 square feet. On May 21, 1979, I was granted a permit to convert two existing bedrooms and baths into 2 .~.,.f a separate unit by the installation of a kitchen and construction of outside stairs. From June 10, 1979 until September 20, 1979, this unit rented for $700 per month. From October, 1979 until October, 1980, the two rooms were rented as separate studios for $350.00 each. One studio has an area of 35D square feet, the other, 370 square feet. The rentals paid for this unit also place it outside the current guidelines for low and moderately priced housing. In October, 1980, I was told by the building department that I could not rent the rooms in the north unit as separate studios and that I must remove the kitchen equipment from one of these rooms. I complied with the request and these rooms have been restored to a one bedroom apartment. The north unit has been owner occupied since October, 198D. The granting of this application will not undermine the intent of the subdivision regulations, as it is clearly within the area intended for exception under section 20-19. The duplex is already in existence, and there will be no change in density, which is presently in line with the permitted population density for the property. I would appreicate your consideration of this application at your next regular meeting. Dated: February 24, 1981. .y..r~~~?~ Carolyn Ria Parry ------\j roOf- I {. r!-f r ~. QQS--3@L-/ ~ ........,., " ...." MEMORANDUM TO: Aspen City Council FROM: Alan Richman, Planning Office Code Amendment: Ordinance 26 Second Reading RE: DATE: May 15, 1981 APPROVED AS TO FORM: ~ -I, ek~. II . I ) 't.' vl/O:.J./ The purpose of this ordinance is to eliminate the eXisti~~r strictionf n the expansion of nonconforming lodges through the addition o~ e ployee hou ing units. At the present time, the provisions of Section 24 3.11 limit that expan- sion to only 700 square feet of employee space above grade or unlimited basement employee unit expansion in the R-6 through R-40 zones. This section of the Code places no limits on nonconforming lodge expansion for employee units in the R-MF, CC, C-l, SIC/I, NC and 0 zone districts. At a meeting earlier in the year you requested that we eliminate the limitations on the expansion in the residential zones. Ordinance 26, Series of 1981 provides for this code change by incorporating all of the above zones in the conditional use review process, while also slightly revising the review criteria to be more inclusive of the range of evaluation needs. The Planning Office recommends that you approve Ordinance 26 on second reading. ...~"...." . , ,-. "-' RECORD OF PROCEEDINGS 100 Leaves '01111'11 C.'.HOFCMElft.ft.!ll.(:O. ORDINANCE No.;2(, (Series of 19SIT . AN ORDINANCE REPEALING AND RE-ENACTING SECTION 24-13.11 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN SO AS TO CLARIFY THE LIMITATIONS ON THE AMOUNT OF DEED RESTRICTED EMPLOYEE HOUSING UNITS WHICH MAY BE ADDED TO NON-CONFORMING LODGES IN THE R-6 THROUGH R-40 ZONE DISTRICTS WHEREAS, the Aspen Planning and Zoning commission has recommended that Section 24-13.11 of the Municipal Code of the City of Aspen be revised so as to clarify the limitations on the amount of deed restricted employee housing units which may be added to non-conforming lodges in the R-6 through R-40 zone districts, and WHEREAS, the City Council desires to repeal and re-enact Section 24-13.11 of the Municipal Code of the City of Aspen pursuant to the recommendations of the Aspen Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 24-13.11 of the Municipal Code of the city of Aspen is hereby repealed and re-enacted to read as follows: Sec. 24-13.11 EMPLOYEE HOUSING IN NON-CONFORMING LODGES Notwithstanding the provisions of Section 24-13.4 of this Code, a nonconforming lodge may be enlarged, extended, constructed, re- constructed or structurally altered for the purpose of constructing deed restricted employee units accessory to thB principal use. Such enlargement, extension, construction, reconstruction, or structural alteration must be reviewed and receive approval by the Plan- ning and Zoning Commission pursuant to the conditional use review process of Section 24-3.3 of this Code prior to the issuance of a building permit. . , /".--."', ---..,... RECORD OF PROCEEDINGS 100 Leaves 'oml" C.,, MOHMH t. 8. 1Io l.eo. The Planning and Zoning Commission shall use the following conditions and review criteria: 1. For non-conforming lodges in the R-6, R-15, R-15A, R-30, R-40; R/MF, CC, C-l, SIC/I, NC and 0 zones, expansion of deed restricted employee units provided there is no increase in lodge units. Review and approval pursuant to review criteria as follows: a. Compliance with any adopted housing plan, specifically the need for seasonal employee rooms and deed restrictions against commercial rental or sale. b. Maximization of construction quality and unit size. c. Minimization of adverse environ- mental and social impacts. d. Compatibility with surrounding land uses and zoning including area and bulk requirements of the underlying zone district. e. Adequacy and availability of utili ties. f. Adequacy and availability of parking. 2. In all zones: deed restriction to employee rental price guidelines and against commercial rental or sale. In the event that the lodge is condominium- ized, the deed restricted units must be retained as a portion of the common elements of the lodge. 3. Health, safety and fire inspection and compliance prior to approval. 4. The expansion may be in rental rooms provided an equal amount of existing square footage is converted from rental rooms to deed restric~ed employee units. - 5. The deed restricted units provided at the lodge shall be limited in their rental solely to employees of that lodge and shall not be rented to other employees of the community nor rented on the open market. -2- , , , f""'. '- ."'''. RECORD OF PROCEEDINGS 100 Leaves ,ORlIII e,'.MO(CIUl.....ll l.Co. Section 2 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and in- dependent provision and such holding shall not affect the validity of the remaining portions thereof. Section 3 A public hearing on the ordinance shall be held on the ~~ day of ~ ' 1981, at 5:00 P.M. in the city Council Chambers, Aspen city Hall, Aspen, Colorado, 15 days prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED published as provided by law by the city Council of the City of Aspen, Colorado, at its regular meeting held on the~;7 day of ~4.~ , 1981. k?/~ Herman Edel, Mayor ATTEST: Kathryn S. Koch city Clerk FINALLY adopted, passed and approved on the day of , 1981. Herman Edel, Mayor II ATTEST: Kathryn S. Koch City Clerk -3- c """ -J MEMORANDUM TO: Alan Richman, Planning Office Louis Buettner, Engineering Department~ 'O)l.;-;J f--;:[l'I~;~~)\ n r:.-:; ~~t~"'~l.":>~,;L\ ii' 11I111"> 1 : i ~ ffII'U\.' 1981 , ~ DATE: March 10, 1981 ~::...__________. ,._~i ASPP~ / PiT,.;'\' PLAhJf"lJ,\::? i:>- ,;"J , l;"'~l ',"-'. II i :, "j " 'f I :1 FROM: RE: Carolyn Parry Condominium Exception Having reviewed the submitted plat for the above exception and having made a site inspection, the Engineering Department has the following comments: 1. The condominium declaration and the condominium plat with corrections should be submitted to the Engineering Department before recording. 2. The following corrections should be made to the Condominium plat: SHEET 1 a) Owner's Certificate: the County of " Add Pitkin following "Clerk and Recorder of b) Show utility easement located along the northerly and southerly property boundaries. c) Need location, Division line; the ground. bearings, lot boundary distances for the L.C.E. and must be able to locate the division line on d) Show adjoining properties: Lot 1 and Lot 2 of the Castle Creek Subdivision adjoining the westerly boundary, add Parry Subdivision to the Lot 2 shown southerly, mark the easterly area of the pro- perty as unplatted land. SHEET 2 a) Show length and widths for all decks and stairs. b) Label the stairs right end of east elevation. c) First floor plan patio for south unit would be a L.C.E. not a C.C.E. d) On elevations label spaces to show which unit the space is for, as to aid in greater understanding. e) Legend for line, what lines are. f) Put condominium title on sheet. With the exceptions of these corrections, the Engineering Department has no problems with condominiumization. ASPEN.PITKIN R'EGIONAL BUILDIN't:; DEPARTMENT MEMORANDUM ---------- TO: Allan Richmond, Planning Department (~ FROM: Bill Drue din g , Zoning Enforcement Officer DATE: March 25, 1981 RE: Parry Subdivision Exemption (Condominiumization) In answer to your request for conunents from the Building Department concerning this application I feel it is necessary that I provide the following history and developments. Building Department records show the residence was originally built in 1968 as a single family dwelling. In 1979, the property was subdivided and a building permit was issued to change the residence to a duplex unit. Acting on a citizen's complaint I inspected the residence on October 1, 1980. I found a triplex in existence a The "north unit" was supposed to contain two bedrooms, two baths and one kitchen. It contained a second kitchen, independent entrances and was clearly a duplex in itself. There were also two rooms added in the north unit garage without permits. Electrical wiring was being done without permits and considered unsafe by Fred Crowley at that time. In the IIsouth unit" a second kitchen was being added. The south unit was being converted to a duplex dwelling also. Carolyn Parry complied with my request to remove a kitchen in the north unit, but elected to go to court on the kitchen in the south unit. She was found guilty of a zoning viola- tion for this north unit and was supposed to remove the kitchen from the south unit. On March 24, 1981, I reinspected this duplex. Although the sink in the south unit was not hooked up, the kitchen cabinets were still there containing food. A refrigerator had been moved in which also contained food. We again have a duplex in the south unit. The configuration of this dwelling is presently a triplex and lends itself easily to be reconverted to a fourplex. The additional work done under permits has not been inspected by this department. I am concerned about the life safety problems of uninspected electrical wiring as well as the intregrity of the zoning laws. I am requesting that a member of the planning office physically inspect the dwelling and receive assurances from Carolyn Parry as to the future integrity of the dwelling units in reguards to zoning as well as rectifying the current violations. 506 East Main Street Aspen, Colorado 81611 303/925-5973 /.""", c MEMORANDUt1 TO: Aspen Planning and Zoning Commission FROM: Alan Richman, Planning Office RE: Parry Subdivision Exception (Condominiumization) DATE: April 28, 1981 At your meeting on April 21, 1981 you heard a request by Carolyn Parry to condo- miniumize an existing duplex located at 505 Sneaky Lane. At that time you were informed that the units had been rented previously as a fourplex and that numerous building cude violations were found in the building during a recent inspection of the property. You made two requests for further information before deciding this matter including: 1) You wanted to see a detailed floor plan of the units or to perform a site visit yourself to see the problems; and 2) You wanted guidance from the City Attorney as to whether the previous rental history of the units, given the illegal nature of the arrange- ments, qualified the applicant as exempt from the employee housing guidelines of Section 20-22 of the Codeo In response to these concerns, we scheduled a site visit by the members of P & Z so that you could get a first hand look at the violations still present in the duplex. The City Attorney was consulted regarding the latter issue and it is his opinion that it is inappropriate at this point in time to penalize the applicant for past Code violations and that the applicant should be permitted to proceed with the condominiumization request. Therefore" the conditions re- commended for your approval of this application remain as you modified them at your previous meeting, reading as follows: 1) The applicant revising the condominium plat prior to review of this application by City Council to correct the errors identified by the Engineering Department in their memo dated March 10, 1981; 2) The applicant agreeing that the units shall be restricted to six month minimum leases with no more than two shorter tenancies per year; 3) The applicant applying for the appropriate permits for the furnace and wiring found in the garage prior to review of this application by City Council and permitting the necessary Building Department inspections of these facilities; 4) The applicant eliminating the illegal kitchen facilities in the south unit and replacing them with the appropriate washer and dryer and eliminating one of the two kitchens located in the. north unit prior to review of this application by City Council; and 5) The applicant agreeing not to lock off the bedrooms in the north unit, instead utilizing them as a single two-bedroom condominium unit while also not creating 'a second residence in the south unit. ",..... '-' 1'""\ ,--' MEMORANDUM TO: City Attorney City Engineer Housing Director Building Inspector/Fire Marshall FROM: Plan Richman, Planning Office RE: Parry Subdivision Exception (Condominiumization) DATE: February 25, 1981 The attached application, submitted by Carolyn Parry, requests exception from full subdivision regulations for the purpose of condominiumizing an existing duplex located on Lot 1, Parry Subdivision. This item is scheduled for review by the Aspen Planning and Zoning Commission on April 7, 1981. Please return any comments you may have concerning this application no later than Wednesday, March 25, 1981. Thank you. / / / SPEN aspe tree t 81611 MEMORANDUM DATE: March 12, 1981 TO: Alan Richman FROM: Bob Edmondson RE: Parry Subdivision Exception (Condominiumization) If the above entitled subdivision exemption is granted, the approval should be conditioned upon fuLl. compliance with the requirements of Section 20-22 of the Municipal Code of the City of Aspen and compliance with the six month rental restriction. RWS:mc . ~... ..... APPLICATION FOR EXCEPTION FROM SUBDIVISION REGULATIONS Request is hereby made by Carolyn Hiatt Parry under Section 20-19(a) of the City of Aspen, Colorado, subdivision regulations for approval through the subdivision exception process of her plan for condominium- ization with respect to real property described as: Lot 1 Parry Subdivision City and Townsite of Aspen Ci ty of Aspen Pitkin County, Colorado An exception in this case would be appropriate. The application involves subdivision of an existing duplex~ Council has, of course, permitted condominiumization of many duplexes in the past, and this request is similar to those. An exception in this case will not conflict with the intent and purpose of the subdivision regulations which are directed to assist the orderly, efficient and integrated development of the City of Aspen, to ensure the proper distribution of population, to coordinate the need for public services and to encourage well planned subdivisions= No tenants will be displaced as a result of this condominium- ization. The lease for the current tenants runs only until May 1, 1981. They will be leaving town at that time, and this was their intent at the time they rented the unit. In fact, they were delighted they were not required to sign a year's lease. There are two units within this application. The south unit contains 1800 square feet. From June, 1979 to October, 1980, this unit was owner occupied. In November, 1980, it was rented for $llfSO.OO per month, which places it outside the guidelines for low and moderately priced housing. The north unit contains 720 square feet. On May 21, 1979, I was granted a permit to convert two existing bedrooms and baths into . . 2 a separate unit by the installation of a kitchen and construction of outside stairs. From June 10, 1979 until September 20, 1979, this unit rented for $700 per month. From October, 1979 until October, 1980, the two rooms were rented as separate studios for $350.00 each. One studio has an area of 350 square feet, the other, 370 square feet. The rentals paid for this unit also place it outside the current guidelines for low and moderately priced housing. In October, 1980, I was told by the building department that I could not rent the rooms in the north unit as separate studios and that I must remove the kitchen equipment from one of these rooms. I complied with the request and these rooms have been restored to a one bedroom apartment. The north unit has been owner occupied since October, 1980. The granting of this application will not undermine the intent of the subdivision regulations, as it is clearly within the area intended for exception under section 2D-19. The duplex is already in existence, and there will be no change in density, which is presently in line with the permitted population density for the property. I would appreicate your consideration of this application at your next regular meeting. Dated: February 24, 1981. BY~~~~~ Carolyn H tt Parry ~ /Cft+/ q"?s -::3 i2-r:~ Q", (t 1'\ Co ....&., . \)ov..... c; "'-to""", L.,.. "-t '" \..,,"'\.... ~ \-.,j, \ ~ ,~~~~ ~~ B~ ~\...j L~ '^"-~ ,- 4...", """'- ., \.... ~ . \\.-~ '-"> ~\'-'I~ -... ,~- ~ ~~ ~'> e...~ ~ ~.... <.J.,.. c.. \ + ~~~~ IV-\J..J,..\, \"'",l \~ Qo...... 6t. d~ -:1>\- \.s o~ ~+'^i' l +-';0 ~{o, -4 H..M V 10.., ~ ~ \....;00.1., ~~ l,"j ~ VI "'I' J..., I ~~ I ~ ~ 1<'. A l 0 "'(,~ O.....J ~.l-uJ-- ASIC ~ \ ~ l:- (. oJJ",:1 I'd -+ I ,~J. .,.- l'-SW QF 4 ~- "h L~~. ( ~"'" ~ l. h of tPAA.~ at (M.A.,>!- A- ~i {Po~ A~..J \-\- fl....l ~ \.\ .+- 1*~. (~+ ~ tfr, f~.J- -- ~ - ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 LAND USE APPLICATION FEES County 00100 - 63711 63712 63713 63714 63715 63716 63717 City 00100 - 63721 63722 63723 63724 63725 63726 {. ~f 5..;,"'11....: 09009 - 00000 ~yl-~:..ifiuR,'PIJD 'e. 'fl -,)"-?"Special Review P&Z Review Only 2, Detailed Review ~ Final Plat 5th. ~':"-1 Special Approval Specially Assigned 09009 - OOOO~ ~oncePtual Application 5u!1dl.f';SIf.y". Preliminary Application 'PtJO" ( Final Application f(j Exemption H Rezoning Conditional Use PLANNING OFFICE SALES 00100 - 63061 09009 - 00000 63062 63063 County land Use Sales GMP Sales Almanac Sales Copy Fees Other r'i ..-'/ ,; (\J',,"\--;A I.... Name: i..x -d.lJrf'.... Address: "'"--J.- I ::<. I 7 Date: Check No. Project: ~p.- -' 'f'-4_ " I .~f I I I Phone: / Receipt No. P -- - " .<"r],/JI" , " "'-r 'J \ "" " ''\- I "^ r l'y