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HomeMy WebLinkAboutcoa.lu.ex.Reese, John and Beverly ~ r" - ,......, "'.,.,r No.26-80 CASE LOAD SUMMARY SHEET City of Aspen 1. DATE SUBMITTED: 6/21/80 STAFF: Sunny Vann 2. APPLICANT: John and Beverly Reese 3. REPRESENTATIVE: Chuck Brandt, Holland & Hart 925-3476 -4. PROJECT NAME: Reese Subdivision Exception (condominiumization) 5. LOCATION: 1340 Snowbunny Lane, (Lot 3, Block 2, Snowbunny Subdivision) 6. TYPE OF APPLICATION: ______Special Review ~___~_Growth t'1anagement HPC ~- x Subdivision x Exception Exemption 70:30 Res i dent i a 1 Bonus ____Stream Margin ____8040 Greenline View Plane ____Conditional Use Other Rezoning P.U.D. 7. REFERRALS: __~~~City Electri c Sanitation District ~- Fire Marshal Parks ______Ho ly Cross Electri c Mountain Bell School District ____Rocky Mtn. Nat. Gas ____State Highway Dept. Other .....1L..l\ttorney .....1L..Engineering Dept. ___Housing \4ater 8. REVIEW REQUIREMENTS; P-J6,- i ('- ~ . 1".... '- """ . ,"",' 9. DISPOSITION: P & Z v' Approved vI'_ Denied Subdivision exception approval recommended Da te 7/;J. q / '0 0 f , subject to; 1) Correct condominium plat approved by Engineering --------------. follow1ng Clty LounCl I approval. 2) Join curb, gutter and/or sidewalk improvement district if and when formed. 3) Six-month minimum lease(Section 20-22) Counci 1 " Approved j Denied Date~_____ Concur with P&Z, and condo plat shall be recorded prior to sale of units. 10. ROUTING: X A t ~orney Building X Engineering Other . APPLICATION FOR EXEMPTION FROM SUBDIVISION REGULATIONS Pursuant to Section 20-19 of th8 Code of Ordinances, City of Aspen, Colorado, the applicants, through their attorney, Charles T. Brandt, hereby submit to the Aspen Planning Conooission 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 3, Block 2 Snowbunny Subdivision also known and numbered as I~DsnowbUnny Lane There exists on the subject real estate a single family residence occupied by the applicants. The applicants desire to divide this residence into two separate living quarters and convert both such quarters into condominiums, 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 affecting 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 regulation, 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 thier 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. The subject real estate is presently zoned for a one-family or two-family dwelling. Thus, the conversion of the dwelling is consistent with the applicable zoning of the property. 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 general welfare of the residents of and visitors to the City of Aspen." Subdivision of this existing single family residence does not compromise these purposes. 5. Because the existing structure is a single family residence occupied by the applicants the proposed condominium conversion will not reduce the supply of low and moderate income housing. In addition, if and when the proposed rental unit is offered for sale, the applicants will comply with all procedural requirements of Section 20-22, Condominiumization. At present, however, - 2 - . the second unit is utilized solely by the applicants. 6. The applicant agrees, upon condominiumization approval to restrict the rental of said duplex units to periods of not less than six (6) successive months (or in the altern~te to not more than twice for short-term periods within any calendar year). HOLLAND & HART BydT:~~1()~ Attorney for John W. Reese and Beverly Reese a/k/a/ Beverley Reese. - 3 - o o HOLLAND & HART ATTORNEYS AT LAW AREA CODE 303 555 SEVENTEENTH STREET SUITE 2900 DENVER. COLORADO MAILING ADDRESS P.O. BOX 8749 DENVER. COLORADO 80201 CABLE ADDRESS TELEPHONE 575-8000 HOLHART. DENVER TELECOPIER (303) 575-8261 CHARLES T. BRANDT (303) 925-3476 PLEASE REPLY TO 434 E. COOPER STREET. ASPEN. COLORADO 81611 TELEPHONE 925-3476 AREA CODE 303 June 16, 1980 HAND DELIVERY City/County Planning Office 130 So. Galena Aspen, Colorado 81611 Re: Application of John W. and Beverly Reese for Exemption from Aspen Subdivision Regulations Gentlemen: Enclosed please find three copies of the above-referenced Application to Condominiumize the Reese's single family residence into two condominium units. Our check in the amount of $50.00 in payment of the required Exemption Fee and three copies of an improvement survey of this property are also enclosed. Please set this matter for consideration by the Aspen Planning and Zoning Commission at the earliest convenient date. Please let me know if you have any questions or whether additional information is required. Very truly yours, C~l'--0-- Charles T. Brandt for Holland & Hart CTB/fh Enclosures cc: John W. Reese (w/encl.) MEMORANDUM TO: Dan McArthur, City Engineer Ron Stock, City Attorney FROM: Sunny Vann, Planning Office RE: Reese Subdivision Exception (for the purpose of condominiumization) DATE: June 23, 1980 The attached application requests approval to condominiumize a duplex converted from a single family residence at 1340 Snowbunny Lane. This application is submitted by Chuck Brandt on behalf of John and Beverly Reese and is scheduled for review by the Aspen Planning and Zoning Com- mission on July 22, 1980. May I please have your written comments con- cerning this application no later than July 7, 1980? Thank you. 'v- 130 s MEMORANDUM DATE; July 1, 1980 TO: Sunny Vann FROM; Ron Stock RE; Reese Subdivision Exception 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; [ ] Notice and option provisions to current tenants [x] Bach unit restricted to six-month nllnlmUm leases with no more than two shorter tenan- cies in a calendar year. RWS:mc , . ,~ MEMORANDUM Fritz Bruggemeier, Engineering Department ~ TO: FROM: Sunny Vann, Planning Office RE: Reese Subdivision Exception DATE: July 14, 1980 After reviewing the new requirements for a condominium plat under the sub- division exception procedure and the Reese Subdivision Exception plat, the above subdivision exception plat has been found to be missing the follow- ing information: 1. Indication of zone district. 2. Legal description. 3. Schematic floor plans and cross-sections designating: A. Individual condo units. B. Common elements (mechanical rooms, utility service areas, entryways, walkways, yards, etc.) C. Elevations of floors and ceilings. D. Limited elements for each unit. E. Other elements as required in the Colorado Revised Statutes. Following Council approval of the condominium map, sufficient information shall be added to permit recording of the document as follows: 1. Certificates showing approval of the plat by the City Engineer and Planning Commission. 2. A certificate showing approval of the plat and acceptance of dedi- cations and easements by the City Council with signature by the Mayor and attestation by the City Clerk. 3. A certificate of filing for the Pitkin County Clerk and Recorder. The applicant will then submit two (2) mylars of the complete plat to the Engineering office for signatures and recording. The owner/applicant shall also be required to join a curb, gutter, and/or sidewalk improvement district if and when one is formed. In conclusion, the Engineering Department recommends approval for the above subdivision exception subject to the owner/applicant correcting the condo- minium plat prior to Council approval and agreeing to the above requirement. MEMORANDUM TO: Aspen Planning and Zoning Commission Aspen City Council FROM: Jolene Vrchota, Planning Office RE: Reese Subdivision Exception DATE: July 14, 1980/ August 6, 1980 Location: Lot 3, Block 2, Snowbunny Subdivision (1340 Snowbunny Lane) Zoning: R-15 (A duplex is permitted on a 15,000 square foot lot in the R-15 zone if the subdivision was platted prior to adoption of the Area and Bulk Requirements ordinance, as in this case.) Rental History: A single-family, owner-occupied residence currently exists on the subject property. The applicant desires to divide this residence into two separate living quarters and to con- vert both units into condominiums. Engineering Comments: The attached memorandum from the Engineering Department, dated July 14, 1980, recommends approval subject to the following conditions; 1. That the owner/applicant correct the condominium plat accor- ding to the requirements listed in the July 14, 1980 memo- randum, prior to City Council approval. 2. That the owner/applicant shall join a curb, gutter and/or sidewalk improvement district if and when one is formed. At torney's Comments: Planning Office Recommendation: P and Z Recommendation: Should this application be approved, the attorney recommends that each unit be restricted to six-month minimum leases, with no more than two shorter tenancies in the calendar year. The Planning Office recommends approval subject to the condi- tions specified by the Engineering Department in its memorandum dated July 14, 1980 and by the Attorney in his memorandum of July 1, 1980. The Planning and Zoning Commission, at its meeting on July 29, 1980, recommended approval of subdivision exception, waiving conceptual approval by City Council and preliminary plat approval by P and Z, with the following conditions: 1. That the owner/applicant correct the condominum plat according to the requirements listed in the July 14, 1980 memorandum from the Engineering Department, following (rather than prior to) City Council final plat approval. 2. That the owner/applicant shall join a curb, gutter and/or sidewalk improvement district if and when one if formed. 3. Each unit shall have six-month minimum leases with no more than two shorter tneancies per cal- endar year, according to Section 20-22 of the Aspen Code. APPLICATION FOR EXEMPTION FROM SUBDIVISION REGULATIONS Pursuant to Section 20-19 of the Code of Ordinances, City of Aspen, Colorado, the applicants, through their attorney, Charles T. Brandt, hereby submit 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 3, Block 2 Snowbunny Subdivision also known and numbered as 2< Snowbunny Lane (3L/{) There exists on the subject /{' , i ", J )j real estate a s~ngle family residence occupied by the applicants. The applicants desire to divide this residence into two separate living quarters and convert both such quarters into condominiums, 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 affecting 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 regulation, 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 thier 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. The subject real estate is presently zoned for a one-family or two-family dwelling. Thus, the conversion of the dwelling is consistent with the applicable zoning of the property. 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 general welfare of the residents of and visitors to the City of Aspen." Subdivision of this existing single family residence does not compromise these purposes. 5. Because the existing structure is a single family residence occupied by the applicants the proposed condominium conversion will not reduce the supply of low and moderate income housing. In addition, if and when the proposed rental unit is offered for sale, the applicants will comply with all procedural requirements of Section 20-22, Condominiumization. At present, however, - 2 - the second unit is utilized solely by the applicants. 6. The applicant agrees, upon condominiumization approval to restrict the rental of said duplex units to periods of not less than six (6) successive months (or in the alternate to not more than twice for short-term periods within any calendar year). HOLLAND & HART Byd~~ CrIes T. Brandt Attorney for John W. Reese and Beverly Reese a/k/a/ Beverley Reese. - 3 - "" ...., - -- 1'1EMORANDUt1 TO: Aspen Planning and Zoning COM~ssion P.rr~1 R"IJ 0...,..."...:1 FROM: Jolene Vrchota, Planning Office RE: Reese Subdivision Exception DATE: July 14, 19S0 Location; Zoning: Rental History: Engineering Comments: ------.../ Attorney's Comments: Pl anni ng Offi c€ Recommendation: Lot 3, Block 2, Snowbunny Subdivision (1340 Snowbunny Lane) R-15 (A duplex is permitted on a 15,000 square foot lot in the R-15 zone if the subdivision was platted prior to adoption of the Area and Bulk Requirements ordinance, as in this case.) A single-family, owner-occupied residence currently exists on the subject property. The applicant desires to divide this residence into two separate living quarters and to con- vert both units into condominiums. The attached memorandum from the Engineering Department, dated July 14, 1980, recommends approval subject to the following conditions: 1. That the owner/applicant correct the condominium plat accor- ding to the requirements listed in the July 14, 19S0 memo- randum, prior to City Council approval. 2. That the owner/applicant shall join a curb, gutter and/or sidewalk improvement district if and when one is formed. Should this application be approved, the attorney recommends that each unit be restricted to six-month minimum leases, with no more than two shorter tenancies in the calendar year. The Planning Office recommends approval subject to the condi- tions specified by the Engineering Department in its memorandum dated July 14, 19S0 and by the Attorney in his memorandum of July 1, 1980. Note: This application will be processed as a subdivision exception (see covering memo). The P & Z is therefore requested to approve an exception from the full subdivision process. such that requirements for conceptual approval by City Council and preliminary plat approval by p & Z are waived. Further, the P & Z is asked to require that the applicant submit a condominiumization plat, to meet Engineering Dept. requirements, for approval by City Council. ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado a1611 LAND USE APPLICATION FEES County 00100 - 63711 09009 - 00000 63712 63713 63714 63715 63716 63717 City 00100 - 63721 09009 - 00000 63722 63723 63724 63725 63726 PLANNING OFFICE SALES 00100 - 63061 09009 - 00000 63062 63063 Name: Lu..rf:".././ ! / Lk-t- , Address: Subdivision/PUD Special Review P&Z Review Only Detailed Review Final Plat Special Approval Specially Assigned ---- Conceptual Application Preliminary Application Final Application Exemption Rezoning Conditional Use County Land Use Sales GMP Sales Almanac Sales Copy Fees Other project:t~.f - Phone: ~ ,)~ Check No.,f:J - -3;;1 / JD? ( I Receipt No. P ..s 0 ,00 I_jJ"!ty , 7, --,.\ ~1:; Date: t -/() -go I CITY OF ASPEN ,. MEMO FROM KATHLEEN McCORMICK c;0fro 5./' /~ (J{J) S1 % lDt IV\- tlZ;~. 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