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coa.lu.ec.Saurel117 N Monarch St.26A-85
lz�%A - SS SAliRLL - 117 N. Monarch 1985 JC- E C DATE RECEIVED DATE RECEIVED PROD ECT NAME APPL ICANT: Applicant A dress/Phone REPRESENTATIVE: Representative Address/o CASELOAD SUMMARY SHEET City of Aspen 6J- ME ETE:�_ Type of Application: I. GMP/SUBDIV IS ION/PUD (4 step) Conceptual Submission Preliminary Plat Final Plat II. SUBDIV IS ION/PUD (4 step) C Conceptual Submission Preliminary Plat Final Plat �Z III. EXCEPT ION/EXEMPT ION/REZ ON ING (2 step) IV. SPECIAL niw IEW (1 step) CAS E NO. STAFF: oa-1700 ($2,730.00) ($1,640.00) ($- 820.00) ($1,900.00) ($1,220.00) ($ 820.00) ($1,490.00) ($ 680.00) Special Review Use Determination Conditional Use Other F& CC MEETING DATE: © c o PUBLIC HEARI G •, YES NO HATE REFERRED: '. f', INITIALS:------------- -_--________-------------------- ---- ----------- REFERRALS : City Atty Aspen Consol. S.D. School District �c City Engineer Mtn. Bell Rocky Mtn. Nat. Gas Housing Dir. Parks Dept. State Hwy Dept (Glenwd) Aspen Water Holy Cross Electric State Hwy Dept (Gr.Jtn) City Electric Fire Marshall ✓ Bldg: Zoning/Inspectn Envir. Hlth. Fire Chief Other: FINAL ROUTING: DATE ROUTED: INITIAL: City Atty City Engineer Building Dept. Other. Other: FILE STATUS AND LOCATION: _ > ��` 41111e-44- Reviewed by: Aspen PbZ .... .. v. F"`g L-Vq/OIhJNsL;W1 ?full" City Council 7 P �-2 - , cc aclb 1. Access to the guest room unit in the south wing shall be changed so as to not constitute a third dwelling unit. ' A report from the Building Inspector of compliance shall be required prior to final approval of this application. 2. A condominiumization plat shall requirements Section be submitted meeting all-=. — of 20-15 of the Municipal Code and !'! incorporating all comments stated in the Engineering Department memorandum of September 27, 1985. '� �^I �, t PLC [l.7✓L2-,c�r.,i G4 (�t ��,.0 ���ucvK r GA4+dynq lAlf✓ �,N� �/�(,P ; v fvo�'n-'J LY�r (hf �� t:,UYi�:� Mt /11�"t� lr�'J'k ��✓ �+�^(+..(.R���'i'�c ,�f'..�' lL' � ,1t /rl�t."� 4. A statement of subdivision exception, excluding the requirement that units be restricted to six month minimum leases with no -- more that two shorter tennancies per year, shall be submitted for approval of the City Attorney. 5. An electrical inspection for correction of the electrical system inadequacies noted in the October 16, 1985 Building �e% Department memorandum shall be accomplished within sixty (60) days of final approval. 6. The applicant shall agree to join any special improvement districts affecting this property that are formed in the future. Rev1ew,eJ Ly Cay Cour(; i an N�vc►��a� II, ���5 C D�nc, I uro� f� �:: , l S �'��,nq strr,Jrrlti0wk. LBII�n1 nCr �t�e�f�+/ pe>i� ►yl���oh TA G�Prrl('��re rttu{its/ � 1 u S✓l.c�l✓�11JM �Y(i�l' 4 rani Jt� T�.7 �� Tv�; s✓ea'r )10� r►ffSl t���J,i., f,44 sov,-/)v P"Ll �{ 1 vYl ) �Pr�C/tiW ev� A P"f-1 �.i+!'.r,n[:lt)ltrj� +.':.tt H fvh',,Oa F�►��'tit�•t'7/1r `I�jl"%�S iti-'L,�, %il�.+�i'�.� �%'r_ .;S:j'w��.[t.,r��tllt•'{�tt o�� ;3:!jLt f��.2�K/��, •!e% �IV+' ,i� F'�, ). �r ,'�(r1r`��14� NV, '•✓�,�+,.�;P.. CO�� ,, _� tl., �l.u. L��r�.Ri-� � �M �Lr g� S�-1'! ?'1 ' '11t ^ ,r �;—'�t> Il,ra �t�, yf C���c �' �in,i`, i•,.T ��' f J f +' r t J 1 G $; I) n Ur�,vr' 3,'�^�!�'" fPp�►) e�' f f'k7''-�{rthtfht�tl l,i):>/% i t 00 r Bob Hughes Oates, Hughes & Knezevich 533 East Hopkins Aspen, CO 81611 L Description: (0 (� MEMORANDUM OF OWNERSHIP ACCOM310DATION - NO LIABILITY LOTS H and I, BLOCK 73, CITY AND TOWNSITE OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO J Grantee in last instrument apparently transferring ownership: LOUISE H. SAUREL Trust deeds and mortgages apparently unreleased : BOOK 208 PAGE 394 Liens and judgements (against last grantee) apparently unreleased: NONE Please direct correspondence to: 601 E. Hopkins ADDRESS Aspen, CO 81611 CITY STATE ZIP CODE ORDER NU51BER 8573038 This information is for your sole use and benefit and is furnished as an accommodation. The information has been taken from our tract indices, without reference to, or examination of, instruments which purport to affect the real property. The information is neither guaranteed nor certified, and is not an Abstract of Title, Opinion of Title, nor a Guaranty of Title, and our liability is limited to the amount of the fees. Date: March 4 , 19 85 , at A :00 A.M. PITKIN COUNTY TITLE, INC. By 'orm No. C-567 ► l t� R 'F!I 7th !!' it "TIr.T ll� PA, i .I t ' I / 1, ''�'�� I� ISNr. .�'%'•�'1r� •1il�,, MWIl.. iKCOrdtr ' f ! �J� ► f �' � i tit w`j NI'k;>,' •• � `. � � ja OWN ALL M BY MIME MXSL XTB: That HARRY ROBUT MURRI, 414o kn,owu as ROOL31' li. Y',RRl, whose address in 1280 Estes Street, Lakewood, Cvluracio, t:wnt,, of Jefferson. State of Colorado, for the con-ldsrnt,un uI or... Sundred DcUars and other good and •aluaL•le c00%idvr_ clot S, ';l hssd paid, hereby sells and conveys to WUICS H. SAUR: ► , .hells- address i► Rocs► 2400, 300 Park AvenuG,, Now York Ct tv, lAor -911 of 1lsnhattnn. State of Mow York, 10022, the following doscrlbed real property alivate is the County of Pitkiu and St" of Colosado, to -wit: Lots 9 and 1, Block 73, In and to the City ar,d Townsits of Aspen, Cousty of Pltkln, St.ite of Colorado; With sil its spfvrtenances. and warrants the title tc, the Mawr. Kubjsct to: 1'be restrIstionn and sseeptlons as contained to th•s patent.+ fror the Unitrd States for the t'11% and Toii+Baits o1 Aspen; Pitor grants and reservation" of ■lneral!-. and ■int•ral rights in and to said real estate, if any: Th4+ lien of the 1960 general real property tnxe« and other most-momento for 1968 and thereafter which are alssesaed Bad collected with thu general real property taxes including any tax or .casesnment b• reason of inclusive of said real estate in the Atgxon firs Pi,otection District and the Aspen Sanitation District; Any easements or rlgbte of way for existing utilities me now in place; The lion of two apvrisi Street Improveslent UiFtrtct Assessments by the City of Aspen. one In the preoant amount of $480.00 as to Lot I and the other tit th! present amount of $432.00 ae to Lott H and 1 which Orastee shall pay; a rZ' • ♦- 11 Jr. :4 k ++ 1` .11.; �• � � `iii;#o. �f; lei•• � • i ,��... a.'+ ;�t 1 ' f N• 1' �, � 1 � f 1 ' 4 e ' !'► . Wrest • �..t.� ° � to A,!Fr. f �eJ � 42 L.�K � t - 1 v , 1 Tnv lies ui the *and 01 trust zworOwd fa Ik6a1t !M ae r.R• 3M a! tlur ly>,tis tiwe'.V' =" 3•yratlo. tersaidos •bicb dee••• of trust weeww" Y .frrsrirsisrl fie nTtl tbe• pra,utnt prisclpsl •Rs7tYt a1 63i,103."o IUJd Orartwe bcrwtr:. assvw••s asd at,*" to W7 tae'W WOW- i lewr•r7 ante and tlsod of trOCst 10 acc rdaoa•' pith 4!M tortes tbere,i ; it any of Job.,. 1*N. 31Rtied stet delivered UUs_.-- t �� f • ! ram. �",./ter-!'!1►I•e.s+✓, '��rr7• rt J �rrf , a lea taws' as 1•c+,11rt Ei. kttyrrl�� ,f,...y .� !•/�J r ,^'/sue,• SIrrL Or ODLORADO ) sa muirr1 Or DINYLA ) I6e 1rreKti1a4c .sqtrusrtot ear aetnsf:lwtll.•wr br1 .r• so Hilts ds) of June, jf4b , Rarry Rotmart rurri. slaw krnwn aK Robert 8- rum. gltrc•ko my band and Oltsclal seal. Yv ,xenl!�eiun expires- t. HEAL tar), LIl ! .. , V. . fw .• +, r. '' t ' '�1 i f' .1�Nt� ' t . , yy,•yy�. Ir .may r':i�' r► , �' Cp� �y��.'yJi • �v tie „a :Y , .' "�' t _ c i i ta� 'S c a• A Y I f yJ 1 �'f'j�:• �(L��� � � . • � t ��x +: {. � i +"fi �i i I . t OF # 3500 %=P&d . ... ... ....... ftwpftn -COW.— Deed of Trust rt July . ....... A, D. Of 64 Wm-nde . . . . . . . .................. COW" of Old sham, of calwau, Pat ?__...al to PAW P't herekwhs, desiewed "Of 4`1 OW DOW me W *1k "Mm' 1, ba,"c 'W in 11110 111"Mis of calwa*6 Peft of 00 ""W PWt 00 F40bk Tmfto so OW co.,new of Pitkin "W Whai'"16 04 11110" 1W 0 ON3 of *0 &V Pm has bowkq even .. MV _nW_u.an.O. 40d is 501090.09A .40. bft.0 of 00 ""06 AND LOAN ANOCIATICIft MmWftw n% O"SPa pa,.bl. o 0. da. THE GCXDENpwed she Pftede" Vad*-sGOWN% CODNO10. Said noft Pyaben--*N1 MM _.. YW klv s" In li"flon so Ow womsh#y ' , =40100 1 1-11% In Saw WoInhaory _*. Party Of #0 &S, Pert also We" * P.y Oftc *I@ - Asor-dett-sm wilk Payments an " nVOR, orwfonelfol of OW ".. of *' h m&mh to -_ -,led on 04 0 -1 , --p%m = 'W 6,84ft and W"swe"Ih of Ow kimurence annual general " peal la.9% be S 78, (10 . p, wo4 Saw o6*6c;,Ion P'*"*Ogu On k"ProveRwenh ostkvwftd go of Saw $**" ar4 kwww%m prw"kwm "I'mill Omw"v"" end rVeln *0 — se be used by Ow Aswi.,. for the pat HPI If !144 00 some bom #40 " pay" and *W sold party of sim j;,V pert "I, Pvw, Saw PQ I I '" W due to 4w Sold no"— -1 a" ss"as enill b'm.. b-F- due 661*j w"Idoct If there Is any dolinqvency lim the A-od~ -ft WW- eas' ' hard - POW IN -V be mimpli on DON tend Musa first be appMed Santee bom as do*. *_ party gf ft Mrs, Par, " Poolplly pay by ** A—"- #0 Pay MLKh dok'Quwwy- Amy OvIrb" In said 9 '* "Job WA@bftdnm and In case saw fund is not mmW to pay OW S& a ~h Assecle'llom " at he opliog *0 O*fkk-.Y to *00 Association end if not so paid &I or", 0" be subjec to tmv I, ;a O"dfSOc4m *W Of*k* kwiebOvdimit, P"Whfa, 0, PSnep'l d- end Pay" or may dw9s #W dokfercy 10 the ben. I.kh $hall en kvowffk*ol so pey saw town WA kw,,Onm for *W*'bd%*bcftU*'MWWW, end Provided further. *'M " Saw VotfmOvd morAly Installment rrrerMtvw. Sold Asoodrtion upo. twice " WXres" sold ffontisly pay- S"i'llic" So as W'd koe"re"oe each VOW OW Said P" If First part gra" 00 pay Saw Inct"sed - i ly pey. And Wheneva. Saw nvft__- Wd "-"My 40i'MIM shea be M'W'ftd from J~.-Y I to Deownber 31 of each Veer. on _W Se' W k IN ow for edditio"'Ill ad'veroo'ssheOPPIM of said Associelon, It Is Specifically &V that c*'s^a"fS end OV*--ft *-r*ln Shall be -** a pert hereof and additional reed all of flhe W 009k successors in title shell be a pert of the W*Jobftdnem O&Wx*6 made by sold Association to " makers *bV, Provided *60 01111h deed of trust shall not at any time t.wne mar. own AM IMONOW MW cow and any adr«ro..nocas"ry For OW Protection of *4 mcwIty. And Wtws� Saw due undev OW aml emend P" Of fwW Part IS desirous of *@,WrkV " poy"WM of OW pfk%C)P,,, and inwas, and all o*W $VMS c_b'1?`om of "ad noft " Shia deed of I'vie. In whose hwxk WvvW she told noft Pney be. NO* TWOMM, sold pwy of Ow %W pw, in consideration of *Oaae prelvWfas grant. bwg*K "If " COI MY Wft Said party of on mmnd end hw Ow PurPOO" aforessid, do" hereby OW put IbwlrO . n trust forever, *0 described property situated in County of ........... ..... Pitkin I .......... .. and Slaft of Colorado, to wit: Lots H and r in Block 71, In the MY and Townsite of AxPr Pitkir. County. Colorado Off � _._.. ».w.�—_.....��.,...�.___..r.,,� ....�,.....w _ ........__ .... � i tOfhwwh" ►rewrf as end nw-ktred T17' ngle .shah •fl btdMT.9 +he•arf h •tad _. - -- - _....._..._........... . ► aftwaafd end I M%d 1040 and ON balls RtpfsveesStff; 11 �' �M to MW M'Md••• Map 4V end Mudd b M leste$ Mo'htrhll� `a►�. 14+. n..+,. rsf M•*My� r•Mlh .. .11,•tr �, M+Iw « c.nM,III MNM.N.A, r.. t. twp!•fy A•.•, f),t, w cep dha"aarf. ►'tern Ill �. roh1 Ilrwle•mi as --46 alwte mites, erfd wind �•. Ngdt.d issh � w•�• at wAI r on Ill l be a a — •M water hNb,; dM„••A•►s and t rM.p, even door. t•rr•1•n b%%k t.4. SOW mill 9- ri +vi Rr • PNT •I ally real .wet..hash.. phya iodly w,.,. t tsl ind MNti - al M V h� Sot. fell of wrswAwm w/� jy,,�, �{t hull •r4 pen e N id ffr •rrrtta• Mri ,d tesso 1•r fs•tatra+ a1 tor• all aaa+led wartsFS,sd end w «« h•..w+11. boo ."Oast IAM the fireP•My miaa�f`ami fRr mite said Asa ssllee A./ •1 A eriftt► 4•N!• •1 � teAaMt �� , fir-~� 00 women •MMM a1 Mt• AMia• •ei � shaVI A1/O TO NOto tha temfe Ttytllor flldf all and WVWI« de re'.nfiree. f for Powg }!■+hof m nd all ad,w ante po tft onC M Ar end � � g wgwti .y in b IllITIMT PaYrof e1 teens ang MfSfr b, ps„f she de rw+R sv*AN end I,fcene del on �� w�MOf a" "eM The, ft •end Mtlsdoed el AN~ic� « Mai. � path « his tin in Inte.ay. Ncerd�r.q fseY AM Party of the aerer,dftcIepi hr•IaTer M Ire Mfde/korhyaa anew d tw by !�•r�e'ab and sell h acce.Wnq who, q,e eft V$% e/ rA• *Oft Of fn ft � end darwtmi MtM NN ftrM«tr be •Mar tad "rw"sa relay 0" Rao, ��ri , 04 Tno"Ologeogges e•id 1011 � w- on Ones" or ePereM P«0VI'L •asi a" Pub c Party at fits brio Part. his /gaits or NolIthf dharehs4 as ►ublK Aodlon w Me Plain heal dew d fife fhrildkas Then in was M the C• W y Court Move M the 40...... ..... ..... _. Fi.tkw'l_,tl-._- "C"M of UK% Sala. for tlh• "'1/'� @rhd Bess .......... ... and Seb of Colorado. or am Dew P.O., 00s N ul•swfy gfvwl of de Ikre and plate of such P•ice e/ the tame will b.ug In cash, tour f@eakt n+aY be apaclrid I. tha aaia by "~ffabg, heaa►h In some rMwspaPar .f ffana'c cirOtics culation net been e 1. e- Pt+b�sfuod In tow CehOr,ty of P ! tk f n ��1v e, tts•"4 -ft Mfe srtrVtes of Colorado and Stage o/ Colorado; coPtos of told nonce shell be moJed in Merefw and N NOr w .n lead Property Goowd,� ea C*r k*" 1" t• t~Mq devolvst«..nd e+d Public Tnn+.. Nuu make «+d b• red•ettf•d 140 P�sw for ot1er Parson entitled dhwMo) shall be entitled b •• �Dperty per. .mess 1M Pam pa d rev by le'wr and told Public Trustee ahSf1 upon demand b tha dead thereto,' hwhlaa to same shall 'do WOf'" ag4dggv� It h e ' -`t— �� by the Pa1y enNNtd b •deed n end Party hoiding fin see-«Hfkate of purchase. - hid/ said deed shall be in Mvlr,g t .red mask• and • aaOte b such PteAatty Purchaasd, N Il+e time .tort, Trv.tae « Me erAlr,ery term of a conveyance and thin be siptf@d, • seed b tlhe asld property Purcih.sed. panfar and mid r'a^yay and Oulttlefm b such pa'ty or parNef otNltled b such all da' rued by fin told Public aaalgre Mere{n sold,1•MraetN alltight Htl•, interest. bw»flt and &wily o/ reclemp on of Ill p .�ef theP f•^ Ill Wd r the sum for which 11h@ Property end b teas tote made by virh,e Property was soy Srd slfall rehr to frfe Port, his hairs. and of such Pr'+P", by • l'at1Ofr and M call of an afsigntffamt of such c«Nfkate Of Power of tole # tjNw contained, none of toff reed no ha eW N'ce'• such assig.,m,e.,t or 'adarnpfkfn shall also , or tee sl the red•r.hprlorh and retarMrg sll fella, 'umbl1@aclt and the said h.-blk Trustee shall, ro/otttd /o In such dyed: but Ny Fwkwfpel and tAatpea a'+d CONS of making such ale. Pay rag Ill Association e/ � Procatds °/ such "It, Sher firtt paying Mhterest due on toy nets, occo,dkg to ow terfw and effect thertoff, hereunto, e « Me legal hOldef of sold rota. the /1pl'1e' 'h1 fatd ^age !nr Insvrsnct. :axes, •utstments, repairs and other char and all moneys •chIs"W d M"d@flrg the ovtf Ivs. If an by the Association « Ipel rryda atoll M • pal"ll-1 Sl bar. both In say n 0WItha firu pSrr, Ms IaWI rePnwmatives�e~it aaigry; whM�ihuh end Soldt per Cong deadgo , Parr Pat and all an of other P•reerM clSimirg the � or h • against the of ►he first Dart. hit heirs. N►igm and autt ,son In r N»m, The Aw iatkn « tin holdOol • or Ss, by, from. tlwouq/, or vrfd•r Nft said irst Nab bald uDen fin pvrrfiasw M any tut, alas b teas to the may Purchase said property or arty Part *Wool.'" It &haall 04 the /rat agreed Nyf Iha party of the first part. Ms heirs. assign` w •c+oceaon M kfem, VArill nrorf0 Nexn•M!�Sto deed r ha repvirtd. And Nhe tefd early of ne first n Pay mite Of th@ enclu"be,td prtmi pa for himsal( and for his heir; executors end •dminiagrabn, wMranh till• b erfd possession hrrfh« warrants that said Df•tn'eas are freeol� homestead f &I-xtmption and &If other rights now vesfd w hereafter and clear of SII lien` aft cnnunbrences . aoqulra,l and THE SAID PARTY Cif THE FIRST PART FMOIER CONVENANTS AND AGREE& To Pay Promptly •II and singular the ri 1 and inierast, and all othw sans of money Day able this deed of trust on the days r•fnSctiv1 and condilien in •:d tote end ?his dead of trust; the sane severally become due @red to perform each by virtue of .Sid note and "try hx or as- -• whaevw under State or N4I in rht event the Association shall be or become law* stipulation, agreement asc r the rye y Slott for « obi' Pay f"O fha IndebtecM eq rtpresenedg d lh*r by, I@w or law. for and on accow,r n the said not@ or this deed of trust tex or assassrnarn. the full athfofmt of such lax or as onwo. b pay Association N I@aag ten days Prior to to due date of said Thal ny ti" aty r&q�jTakaaP ?I'* I * Impfoyomenh on said prtm,ises insirod ageing, loss by lire, wir Wvn and such etlftr haterds N tin AttmNati�rh rrha cetrhpeffiea as des the artn+sw,f due tin Aftoct.tion ha,.u,hrla,; end if the insurer �lecfa b l4.ecietron and iw ih benefit, In on amoum nor 1@ss Man MPtoce 'he Preta-fY lott or d•m,egwd, fha Association shall Lave Het Pay • loa or dem,aw In cash rather than b repair, rebviy or loss urns, fin sum h,.►by ,enured up to tht full onm0"t have i option ►o apply the Proceed, of such ca.h S•NI@,,.*M of such on imPrw@m"Onh on the real astab be'Nr,aboye taw', nwred's khdaboadrom to Mtooe ANeclatierq all son be rNeined by told AssociNlen whh his ,iota end trvag tort end arary sflrffed by dh kf'he Ass .Non w inewatKe pdkits •Ibcled lho - in favor of told AaodaHon Mho ofttf@f of fha real astee Pa►kY rwftag have • ^torfgag•e's "later" To Pay Promhpny ah tax@t, sasam MW iaviaa, cutnbranc+s as her become d,Oer waef rents, insurance premharrs •rfd all other Ilaw"Hes, obi4stions .and en. Mot a ides; n f erhtanrop b the Prejve of of rgy Sala lion said reef aslae, w tonrnit Permit w w//w any was", i mein or depreciation d said property Srfd in lift •verM of arty sale or trenghr o/ Nst Nine b the Purchase' or now ,xwne. shall be d,v,q ►o ha..t rwmrd and mDafr. fthethe, or not the ingrnmr,ent evidencing ag' aed b pay the lndrtpto O RODarty Fwein dau:lb•d, such and rem sin in full force and effect unro d sole or n is axpmsly all Pfovkb%. and thh w the unwith s heneurfm , Part deal with svdh new own" arence quidated; end the Association ooye ith shall run with sad wofirty, Party of fha Hrf► O1Mwa with ng or 6 b this r+tM ,,task• ps In t r notice f same, b petty of ors lifw nags hereby securedrs without in erne way efterir,q w disdwgkg tie secured o by i� deed of huo M ssr tame m IW,w M will the Patty of Mf• fko per/s pabiYty her'aurhdw upon Ny khdebaad. That if any Mhpfoven,tnh, .Weirs or elterNiefy have been r Prior to tin date hOaeof, Party of he firn Dart will r•o•ive the Oro o/�dh fno, been cerrhp{esd Orfc re Man thr paYrrfafM o/ Nhe cwh of tinn"sund N months Don; Mat H wo,k trite, on any � N'N 'he some will be " applied befwa MkV eny part d Me o#&I 6 applied Hn► b Ne Hon may et Ift option without notice declare u Indebtedness due d imp--nang', rW41rV or a"Nkurf for a qrk n ss Ten den or more, Nees oS. Premises and IN mnfrsct for or Proceed with the corrhpktion of said psyabl• or ieid Astoc{e}g„ rlsey take Detsesaion OI said out of Ny proceeds of money due sold Party of rha '-rn Part upon said ken and the a d Nkxw and repairs or alMrar:oM e>=c••d Nf@ balance Pay the cosh thereof by the Association and shell bear htfvw,erest et the party of roseMt first parr by said Ataode'Ipn thwf audf Completed g say h'hprownhtnh, said Imp, such additional onal D &hall be alms t by ub pSfh o1 M• /i P�ricjpal part sold sAand secured ftj„ dead derh"t mewba rov;d ed repaid provided, arty and 11f• improv«rynts kwhs1 that party hiss firs' Part. regndlea of nMmsi days M saidion o1 N»reorh Sr all him... iw ,,,,,,,r —lot.,:__ __ daPreuNion, will leap said oror,_ I the Aneciate , Way ho» _v h thbgs donna at Arts pwWs arse and under. sway tneb* stay raaseteble *tpsrnditwe er w11ay hecelsary`trlret' That N " Pa•t Of eaW d—ft" p«h "bdrat be asmilma rd or bbn for swell use undo ar.rr.ar.t dnrnain. or in cow tat Aawctav and appMd *I*- by p-blk works ar pates" arty. W derwee" and c.s pe ";Qft Paid *..I. eMjl be p.W I*q» _ pew A - Mdobledruw dare order sW wee. sad orals dwod of Musa. Mot For At&* the AsomrtaMMennapsAw►N l+nra Mae rl0r » Iola lest ddwd wits at o. eupenw d Mr party of hate feu pert and m his morn*. leans e7a^dwd ceala e/ wait so o►@ the Mew d /slim dosd of watt, aryl preeww the A*mcWign-s t+phb ham n ow. and an Mtl}eMw� w ad of mom by *w Amoadv len tfholl be repMd by party d 1n* lira tsars mien ct*,w d o, of a" be a--aedy ad onsr�d wit% *- As-daAm and web arts, wish frheergo thet@W at Ale nee pr'svided In Mid PromrtMry note, N leas Paid by teary of ill's tint Pert. of'" d barss eo wwdt addtlenel GndeI I dress aw1.1 by Ads deed OI trust and "" be a d Ma^ w Mdpc M Pals IsaniseMA. rVvhk or keavess Mteddt 9 er oc•iviry soots b Are haw hares/ and such Mdeb!edness thepreeeede of Me solo d Me Onparh darer- , TMf M AVs level deed Is btectawA/ tfhrwrO Public Tnso me, an eddis:wel Samar of fhne per Cent of Ate balance of the Indsbted- rrss drat 1e atlopad ss attwtey fn aW"h a wslmntltthen of two %U'*Od fifty dollars, led Itlereclswed Atrwdthe e Court, son Isle tons of Aha unpaid of Ih/sbwedrnan altar be teed as pan Of she seats d Iareclowae. R IS SrtCMtCAIly AORM The W" k of Moe essence of Ada Cortr*d led that M Ara event the parr ^' "•a ^..n Pan. 1,4 �' _. t mar".* e6nNdatr*tara, tteasaoArs er *aalpta- fda " pay sold Amodatlen any and all turns duo Pecos to M to owl I of Asa nMe and 0* dal Of level end fety b pwrfernw any of tta cavewtts and a0reewtwNt Carhteihad In saw note and pats deed dawn. Cold Awed~ R" at I% oPteh dedene sold .rase and Mne ramet" Indabeadnir awfnne terw- ndw &is ertrl poyebte end any tyn+ede.lhe �rsm-4lrmmonce or Mhmoods Mar ar ed►orhote ods er by saw Aaedorbn and not repefil c+ d " soAssovtbn by loan. Ae' ber"me or Indebtedness to wom*m and meow by Ads dead of kvct, and M cote of such dahuft, Ow Aseeclsslosm, or In lea of sob ends, lenacloetrs, to h0tim Of Ate c4alf",es* of b ist peaetaalet, vas all a 11, W4 of saw prePON all " Mho tends. Ince.tnas and Plop Ow wMd\ torah prdi i a A Intorrr � a bM� of late Mdelesdrwa asa,ed hwebs, � M 0C - *tan h rust ebbked aAel1 tea enMMer! sa aOf IWIN, wvtrar a tecalver l$WA tad by soy seen aid aor i ofMr pony OfAte first pan. or to *e Ivan owner ofold spnop". sohave wdvsd-sled tamps reoelver whew sa Wr%dk*m "pew a Isar" appltcMtow and W himuf notice-noke bNnp egrresah " apply ON suns a' tho tr 1- to Me NYetere of Indebtedness aeswedr omeby. tnas *Wed �~ tewlromts ehrbfacs Notheerdr and dlrec- Pwgr of Ae nt Alaws. or fey nronssen In Itihat ham aweef, s to right ss Prepay OwIndebtedness secured hereby. On any 044 eerwwo drop Pr'a'u h*we'vw that Ae %aeeciaton w,atr .souls the poymarw of n ei Inoue than Owe* months" advance Mae of sooni � part of A+e NRNerw aaaavn of ON wnfn prapw sywrs weds In any ant eolwtdw year which aacssdo erw"al prilhclit *WAWA of 60 lewa twenty per tlon a lei Inhea tom el nw "we *ion 12y � tAh Geed of Two/ Is wMarnAd by a third park Awe may be due he AawNa Asaectattew wM4tThat each �i henatn or t'NOW,C& herein c�nkrred upOm to Asaoclatcon is arrnuiNive of wary other rich? or rear ariy of M a IN AawrWon d sat @n law eanyarred end may be *nlOnoed ccrncvrrwAfy Merewllftr that no weaver, express or implied. by Me rletM d to Association �� ft rage of any force pa ar en Or In said ObtlgaeIM contained. shell thereafter In any manner affect reghtlte or enforce perhrmwhc0 of the same or any otfmw of saw covenant&; and no paynrtnt or ad. to we We by Mva Aaemclotlorh Mroundsr an beMN of the Perry of th* first part. shah be downed a waiver o/ t,e bead. occurring w d 1st rf0f't " ektes b far*cfaee shy Dared of Trust. and the failure of the Association to declare the entire l wlebtednese due end Payable upon worse t+e doeu lh of sty of sew n I Ins and c»dlticns she" not, even thouclh such default be repeste.1, he constnlad as a ales* d hate Association e* esencisA audh *pilot at sty "no the/eaftw, sand wMhout notice to the party Of the first pert. That as addttlonel ascvnfty far the paY?tent of war No" and In consioerstion of the making of sold ban and of the advances Noah all Of be anode by the Association, as fereinbefon specified, tat Party of the first port hereby a signs to the Astccda. rent& lwv*k profits and Inrono accruing ir'W" said Property. Upon any dofeuh by the party of tat first part In the "fr -W" of 0*0 aV;gwt'3ra Imposed by said Note and No owed of Trot, tat Association may take possession of said premises and rvrt them or env part 0,t1e01 upon such terms as to it may swoon best. may enforce the paymom of rent or Its right to possession by suit In Its Own nano. or In to none of to party of 1st first part. or of the than owrm�r of the prope.-ty, but shell In no wen !,e responsnh►e far tat failure to collect ruts: and shell apply all rent& rsceivad by It to any or all of the fo:lowir>a purp 0 * ff" hyrnema le Mr a9tarhees d w eve, 1 p rrg renl^g sayd Property and d cdloctlne end disbursing to Income tlererrom, Inchrdi^0 reaosrebh cempwrwten Ier jr, aow,t. er raPresarnytivw (b) "W1 npoln Or ahwstlens of to Payment of h»A...saswn rents or any other expenditure rrc*sury or parmittwd under Ill "mho d this Dead d Tnre, but VOW" therein " be construed to Oonp*1 the Waking of shy repairs, alterations or b On account of1\w Indeb"dness soatred /erebr Daymanh. The party of tat first part further .tress that if "I Dad Of Tnnt is foreclosed. she Association will be entitled to sit rents Mwyeblo durlq the period of redo pton and b apply sense M eferesaw- The tsleese of tds Deed of Trust will conatitnr" a release of ttds Asshrwrsom of Rsrt. To pay sold Indobtwlam and tat Itweg thsreon as has wln lend in said Not& provided, and this obfystion tholl not be to sad Or atnaah in any a rosvh d amp aereartwnf by Ae rrorteaeaa or I% assignee with any crant&e of tat mo"llecor, or any I M"ndYq MIA hams Of peyshnW* or Ipecwute, wthather mode with or witww the knowledge or Consent rho Werteaeor. Vomw om B ey party are used. they shall Include and apply to parsons, both men and wornern, Companies. partner. aflipsreartkt0 Ash irtrum"m to necessary eramrnotical dupes required to make the provisloa hereof weds In Wean and apply ao and fd Shell be wthe sane Warner as though written Inb this Instrunw". That off d 1st covenerAs and aeroert Is IS herein con"Ind, shall extend to and be tePreaarnbNvK wreos*san end anieno (*holler vokwn"ry, or Imolumary by Opwalion d Iwr of cq � the heirs. wrarereft. legal , respective parties thereto. hswAla" WrIH 3 Mr11Hl[0P, Tho Perry d tho Ant part has S*ded and saauted Mda insleurrwt as of the day and yaw. first al,o„a j j a - fsFJu, STATQ OF CGI ADO s oaeMy ef.. Jefferson , TM Is to kokw= A was ad^wdedow bafere see Inds.. �41 day of... ly 64. M- rt ,�t�';MR►'tw�wM""o.mrtla.iew apnea_. %nh.. L 1965.- - _--• / ,�': �` r f: Y . tf�tlarhd and ef8del Baal tC. r t t tAi j r W ; '. 0 • LAW OFFICES OATES, HUGHES & KNEZEVICH LEONARD M. OATES ROBERT W. HUGHES RICHARD A. KNEZEVICH DEBORAH QUINN The City of Aspen City of Aspen Planning Aspen/Pitkin Planning 130 S. Galena Street Aspen, CO 81611 Ladies and Gentlemen: PROFESSIONAL CORPORATION THIRD FLOOR. ASPEN PLAZA BUILDING 533 EAST HOPKINS AVENUE ASPEN. COLORADO 81611 August 5, 1985 and Zoning Commission Office AREA CODE 303 TELEPHONE 920-1700 TELECOPIER 920-1121 We represent Louise Saurel who, by this application, seeks an exception from the strict application of Chapter 20, Subdivisions, of the Aspen Municipal Code, in connection with the condominiumization of her duplex located at 117 N. Monarch Street on Lots H and I in Block-1-Z. The property is zoned R-6. 73 The duplex is a two-story structure painted light green with a dark gray stained shaked roof. The structure stands on the corner of one lot facing north on Bleeker Street and east on North Monarch. Off-street parking for at least four vehicles exists on the property. The duplex is of the upper -lower rather than side -by - side type. The upstairs unit contains four bedrooms, three bathrooms, a kitchen and dining alcove. The downstairs unit contains four bedrooms, three bathrooms, a kitchen and dining alcove, a card room and sauna. We have accompanied this application with several copies of a preliminary condominium map. The duplex was built in 1964 by Robert Murri who rented both units on a short-term basis when he was not occupying the upper unit himself on an occasional basis. Ms. Saurel acquired the property from Murri in 1968 and, with the single exception being when she and her husband and family occasionally occupied the upper unit, the duplex has uninterruptedly for the past seventeen years been rented exclusively on a short-term basis at rents well above the controlled housing guidelines at the highest prices the rental market will bear. Hence, condominiumization will have no effect whatsoever on the supply of low and moderate income housing in the City. 0 • OATES, HUGHES & KNEZEVICH, P. C. The City of Aspen Aspen Planning & Zoning Commission Aspen/Pitkin Planning Office August 5, 1985 Page 2 In this connection, Ms. Saurel also seeks an exemption from the provisions of the City's condominiumization ordinance that requires minimum six-month lease terms with no more than two shorter tenancies per year. Section 20-22(b), Aspen Municipal Code. As you know, the rationale for requiring minimum lease terms when buildings were to be condominiumized was to insure a suitable stock of controlled housing and to prevent depletion of that stock when buildings formerly used to house employees were suddenly converted to condominiums and offered on the free market at unaffordable sales or rental prices. The reasons for the rule plainly disappear in the case of the more expensive West End properties, especially those, such as Ms. Saurel's, which was designed for and since its completion in 1964 has been exclus- ively used for short-term tourist rental purposes. To say nothing of the fact that the presence of the long-term lease restriction has a tremendous and unfair chilling effect on the marketability of the property, and is of dubious legal validity (as recent court decisions make clear) we believe that when, as here, in a specific application the reasons for a rule give way, so, too, should the rule itself. Thank you for your consideration. We look forward to discussing the matter with you further on the soonest available agenda date. Si OATE By RWH/caa Enclosures cc: Paul Saurel rwh3.13 ino Inc. September 12, 1985 Mr. Robert Hughes c/o Oates, Hughes & Rnezevich 533 E. Hopkins Avenue Aspen, Colorado 81611 Dear Bob, I have been the broker in charge of managing separately the upstairs and the downstairs Saurel duplex since Stirling Homes was charged with this responsibility in July 1982. We have only rented each unit short-term (see attached). Between 1980 and 1981 the two units were rented short-term by Coates, Reid & Waldron. From 1975 until 1978 I was the property manager for Reid Realty and oversaw the maintenance of the Saurel duplex. Each unit was separately rented short-term during that period. I can, therefore, attest to ten years uninterrupted short-term rental use separately of the upstairs and downstairs. The property was offered in the same way throughout the early 70's and late 601s, and I am sure that Ray Reid would attest to this. Neither unit, up or down has ever been long -termed or owner occupied in the previous 15 years. The units are very popular among our tourist visitors, and we have many repeat bookings. Its proximity to Main Street, the Jerome, the Sardy Bed & Breakfast and the commercial area would reinforce its historic short-term tourist use, never competing with any locals use. The units have been listed with Aspen's various central reservations efforts since the early 19701s. If you need any more specific rental data, please contact me or the reservations manager, Ms. Barbara Schutz. S�ce� lyl, Bill Stirling Encs. 600 East Blain -den. (J ado 81611 W/ 925 -5/JI • • LAW OFFICES OATES, HUGHES & KNEZEVICH PROFESSIONAL CORPORATION THIRD FLOOR. ASPEN PLAZA BUILDING 533 EAST HOPKINS AVENUE LEONARD M. OATES ASPEN, COLORADO 81611 ROBERT W. HUGHES RICHARD A. KNEZEVICH DEBORAH QUINN November 4, 1985 Mr. Steve Burstein Aspen/Pitkin Planning Office 506 E. Main Street Aspen, CO 81611 Re: Saurel Duplex Condominiumization Dear Mr. Burstein: AREA CODE 303 TELEPHONE 920-1700 TELECOPIER 920-1121 Enclosed please find a copy of the Power of Attorney from Louise H. Saurel to Robert W. Hughes in connection with the condominiumization of the duplex on Lots H & I, Block 73, City and Townsite of Aspen. Please feel free to give Bob a call should you require anything further. Sincerely, OATES, UGHES & ZEVICH, P.C. By sey r str ecreta to Robert w/- ughes /caa Enclosure rwh3.33 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that I, LOUISE H. SAUREL, have made, constituted and appointed and by these presents do make, consti- tute and appoint the said ROBERT W. HUo ma true and lawful attor- my application for and take ney-in-fact for me and on my behalf, to make all actions and do all things that MY said attorney -in -fact shall in his sole and absolute discretion determine to be necessary, advisable, convenient or conducive to process through the City of Aspen a subdivi- sion application for the condominiumization of by theme, duplexto situate on the following described real property Lots H & I, Block 73, City of Townsite of Aspen County of Pitkin, State of Colorado said attorney -in -fact full power and authority to do and perform alll I grant unto act necessary in exercising the power and every ersonally present, with full granted herein as fully as I might do if p all that my said power of revocation, hereby ratifying and confirming by virtue of in -fact shall lawfully do or cause to bshallenot be affected attorney - This power of attorney this Power of Attorney. P by my disability. �- �e.. � 1985. EXECUTED this �- day of `— �A� Louise H. Saurel STATE OF ss. COUNTY OF �-t-`� �^�"`'�` ) }-� 1 �,�he foregoing instrument waurel 1'!as knowledged before me this �- 1985, by Louise H. day of S WITNESS my hand and official seal. My Commission Expires: (SEAL) Notary P blic tier- "1. P.'..^,�� C�0 _ cP , ,w York Notary F 1.1c - _ RWH4.34 r.lo. = 13 Cc• t`! Comr�is::ica c,crlres Narcti 30, 1�3s', C MEMORANDUM TO: City Attorney City Engineer Building Inspector* FROM: Steve Burstein, Planning Office RE: Saurel Duplex Condominiumization DATE: September 18, 1985 Attached for your review is an application submitted by Robert Hughes of Oates, Hughes & Rnezevich, P.C., on behalf of their clients Louise and Paul Saurel, requesting subdivision exemption for the purpose of condomiumizing their duplex which is located at 117 N. Monarch in Aspen. Please review this application and return your referral comments to the Planning Office no later than October 8 in order for this office to have adequate time to prepare for its presentation before the P&Z on October 22nd. Thank you. *Note: Building Inspection: A Life, Health & Safety Inspection must be completed prior to P&Z meeting. 11 LAW OFFICES OATES, HuGHES & KNEZEVIC PROFESSIONAL CORPORATION THIRD FLOOR. ASPEN PLAZA BUILDING 533 EAST HOPKINS AVENUE LEONARD M. OATES ASPEN. COLORADO 81611 ROBERT W. HUGHES RICHARD A. KNEZEVICH DEBORAH QUINN September 19, 1985 Mr. Alan Richman Planning Director Aspen/Pitkin County Planning Office 130 S. Galena Street Aspen, CO 81611 Re: Saurel Duplex Located at 117 N. Monarch City and Townsite of Aspen Dear Alan: TELEPHONE 920-1700 TELECOPIER 920-1121 At your request, in connection with the condominium application that we have made on behalf of Louise Saurel, I am enclosing the letter of Bill Stirling, who for several years has managed the duplex, which attests to its short-term/tourist usage uninterruptedly for the past ten years. I also have enclosed a copy of the Ownership and Encumbrance Report of Pitkin County Title, Inc., which confirms ownership of the property in Ms. Saurel. I believe that the enclosed completes the application and that the matter is now ready for staff review. I would appreciate receiving from you, or your letting me know when they are available, any staff memoranda that may be prepared in connection with the application, and your advising me as to applicable hearing dates before City Council and the Planning and Zoning Commission, as the case may be. Thank you for your continued assistance and coopera- tion. Sincerely, OATES, HgGHES KNEZEVICH, P.C. t By j- RobY�rt hr:" Hughes RWH/caa Enclosures rwh3.20 0 MEMORANDUM TO: Steve Burstein, Planning Office FROM: Elyse Elliott, Engineering Office RE: Saurel Duplex Condominiumization DATE: September 27, 1985 After reviewing the above application and making a site inspection, the Engineering Department has the following comments: The condominium plat is complete with the exception that the general common elements (GCE) and limited common elements (LCE) are not labeled. This includes parking spaces, trash areas, open space, utility areas, mechanical rooms, storage, etc. Also not shown on the plat is the east side of the fence. We request that the applicant agree to join a special improvement district as per the City Attorney's agreement. This includes sidewalks, street lighting, undergrounding, etc. The applicant's fence is encroaching approximately 2' onto the alley of Block 73 and is also encroaching onto the neighbor's property on Lot G. We require them to apply for an Encroachment License for their encroachment on City property and to show the encroachment onto the neighbor's lot on their plat. • CITY OF ASPEN 130 south galena stree aspen, colorado 8161 D 303-925 -2020XT _ 8 MEMORANDUM DATE: October 8, 1985 TO: Steve Burstein FROM: City Attorney RE: Saurel Duplex Condominiumization 1. Again, we strongly suggest that applications be submitted by the applicants, not their attorneys (unless a power of attorney accompanies the application). 2. The request is for an exception from the full process, not an exception from the definition of subdivision. 3. We suggest typical conditions pertaining to condominiumiza- tions. PJT/mc MEMORANDUM Date: October 16, 1985 TO: Steve Burstein, Planning Office FROM: Jim Wilson, Chief Building Official SUBJECT: Saurel Duplex Condominiumization A life, health and safety inspection was done at the Saurel Duplex on October 8, 1985. By definition (Section 24-3.1 AMC), there are three "dwelling units" contained therein. The two story south wing contains a room and bath on each floor, con- nected with a spiral stairway. The separate outside entrance and lockable interior doors would allow independent occupancy of the south wing as a third guest unit. The only other concerns are electrical in nature: 1) The electric service entrance to the building must be no less than 10 feet above grade level. 2) The electric service must be properly grounded. 3) The electric panelboard upstairs has an altered cover. The wood panel cover is unsafe, so an accept- able method of code compliance is required. JW/ar 0 . TO: Aspen Planning and Zoning Commission FROM: Steve Burstein, Planning Off ice g RE: Saurel Duplex Condominiumization DATE: October 17, 1985 LOCATION: Lots H and I, Block 37, City and Townsite of Aspen, 117 N. Monarch Street. ZONING: R-6 Residential. APPLICANT'S REQUEST: Louise Saurel, owner of the "Les Deux Pies", duplex seeks a subdivision exception for the purpose of condominim- ization. The applicant also requests an exemption from the condominium- ization requirement in Section 20-22 (b) that units be restricted to six month minimum leases with no more than two shorter tennancies per year. APPLICABLE SECTIONS OF THE MUNICIPAL CODE: Section 20-22 of the Municipal Code states that requirements with which an applicant must comply. In summary, the requirements are: a. Existing tenants shall be given written notice when their unit is offered for sale and a ninety -day option to purchase their unit or first right of refusal to purchase. b. All units shall be restricted to six month minimum leases with no more than two shorter tennancies per year. C. The applicant shall demonstrate that approval will not reduce the supply of low and moderate income housing. d. If the applicant fails to demonstrate that approval will not reduce the supply of low and moderate income housing, then the applicant shall be required to present a proposal to reduce or eliminate the adverse effects of the condominium- ization upon such housing for a minimum of five years. e. A fire, health and safety inspection by the Building Department shall be conducted prior to Planning and Zoning Commission review. PROBLEM DISCUSSION: A. Referral Comments • • 1. Building Department - Jim Wilson, Chief Building Official made the following comments in an October 16, 1985 memorandum: a. By definition there are three "dwelling units" within the Saurel duplex. The separate outside entrance and lockable interior doors would allow independent occupancy of the south wing as a third guest unit. b. There are several inadequacies in the electrical system requiring correction. 2. Engineering Department - In a September 27, 1985 memorandum form the Engineering Department the following concerns were raised: a. General common elements and limited common elements must be labeled on the condominiumization plat. b. The east side fence is not shown on the plat. c. The applicants fence is encroaching in the alley of Block 73 and onto neighbors property of Lot G. An encroachment on the neighbor's property should be shown on the plat. d. The applicant should be required to join special improvement districts as formed. STAFF COMMENTS: The applicant has presented an argument that the duplex units should be exempted from the long-term lease requirement of Section 20-22 (b) because of the long history of short-term rental. It is also stated that the units have rented at the highest market values; and, therefore, condominiumization will not reduce the supply of low and moderate income housing in the community. A letter from Bill Stirling, broker in charge of managing the units, (attached) attests to the history of short-term tourist use of this duplex. Evidence that the Saurel duplex has not been part of the supply of the long-term low and moderate income housing in Aspen suggests that it would be inappropriate to require these units to be converted to long- term use through condominiumization. In the perspective of the Planning Office, this is a unique situation wherein the code requirements of Section 20-22 (a) and (b) do not appear to apply to the case. There is no restriction against short-term use of a duplex in the R-6 zone district. If a residence has been so used nearly from the time of construction then, in our opinion, to effect this aspect of use at the time of a change in the form of ownership (condominiumization) is not valid. We also liken this action to the recent precedent regarding the Aspen Mountain PUD, where the residential units in our tourist zone were excepted from the six month minimum lease restriction due to their location. In this case, the exception is appropriate due to its rental history. - 2 - RECOMMENDATION: The Planning Office recommends the Planning Commission to recommend approval of this subdivision exception subject to the following conditions: 1. Access to the guest room unit in the south wing shall be changed so as to not constitute a third dwelling unit. A report from the Building Inspector of compliance shall be required prior to final approval of this application. 2. A condominiumization plat shall be submitted meeting all requirements of Section 20-15 of the Municipal Code and incorporating all comments stated in the Engineering Department memorandum of September 27, 1985. 3. An encroachment license for those fences on public right-of- way shall be obtained prior to recordation of the plat. 4. A statement of subdivision exception, excluding the requirement that units be restricted to six month minimum leases with no more that two shorter tennancies per year, shall be submitted f or approval of the City Attorney. 5. An electrical inspection for correction of the electrical system inadequacies noted in the October 16, 1985 Building Department memorandum shall be accomplished within sixty (60) days of final approval. 6. The applicant shall agree to join any special improvement districts affecting this property that are formed in the future. SB. sau - 3 - 6 0 MENDRANDU M TO: Aspen City Council THIU: Hal Schilling, City Manage FROM: Steve Burstein, Planning Office RE: Saurel Duplex Condominiumization DATE: November 5, 1985 SUMMARY: The Planning Office and Planning Commission recommend approval of the requested subdivision exception for the purpose of condominiumization subject to the condition stated below. LOCAT ION: Lots H and I, Block 37, City and Townsite of Aspen, 117 N. Monarch Street. ZONING: R-6 Residential. APPLICANT'S REQUEST: Louise Saurel, owner of the "Les Deux Pies", duplex seeks a subdivision exception for the purpose of condominim- izat ion. The applicant also requests an exemption from the condominium- ization requirement in Section 20-22 (b) that units be restricted to six month minimum leases with no more than two shorter tennancies per year. APPLICABLE SECTIONS OF THE MUNICIPAL CODE: Section 20-22 of the Municipal Code states that requirements with which an applicant must comply. In summary, the requirements are: a. Existing tenants shall be given written notice when their unit is offered for sale and a ninety -day option to purchase their unit or first right of refusal to purchase. b. All units shall be restricted to six month minimum leases with no more than two shorter tennancies per year. C. The applicant shall demonstrate that approval will not reduce the supply of low and moderate income housing. d. If the applicant fails to demonstrate that approval will not reduce the supply of low and moderate income housing, then the applicant shall be required to present a proposal to reduce or eliminate the adverse effects of the condominium- ization upon such housing for a minimum of five years. e. A fire, health and safety inspection by the Building Department shall be conducted prior to Planning and Zoning Commission review. 0 0 Section 20-19 (c) allows the Council to "great exceptions from the strict application of the standards or requirements, of this (sub- division) chapter when, in its sole discretion and judgment, deems certain requirements to be redundant, serve no public purpose and be unnecessary in relation to the land use policies of the City of Aspen..." PROBLEM DISCUSSION: A. Referral Comments 1. Building Department - Jim Wilson, Chief Building Official made the f ollowing comments in an October 16 , 1985 memorandum: a. By definition there are three "dwelling units" within the Saurel duplex. The separate outside entrance and lockable interior doors would allow independent occupancy of the south wing as a third guest unit. b. There are several inadequacies in the electrical system requiring correction. 2. Engineering Department - In a September 27, 1985 memorandum form the Engineering Department the following concerns were raised: a. General common elements and limited common elements must be labeled on the condominiumization plat. b. The east side fence is not shown on the plat. C. The applicant's fence is encroaching in the alley of Block 73 and onto neighbors property of Lot G. An encroachment on the neighbor's property should be shown on the plat. d. The applicant should be required to join special improvement districts as formed. STAFF COMMENTS: The applicant has presented an argument that the duplex units should be exempted from the long-term lease requirement of Section 20-22 (b) because of the long history of short-term rental. It is also stated that the units have rented at the highest market values; and, therefore, condominiumization will not reduce the supply of low and moderate income housing in the community. A letter f rom Bill Stirling, broker in charge of managing the units, (attached) attests to the history of short-term tourist use of this duplex. Evidence that the Saurel duplex has not been part of the supply of either long-term or low and moderate income housing in Aspen suggests that it would be inappropriate to require these units to be converted to long- term use through condominiumization. In the perspective of the Planning Office, this is a unique situation wherein the code requirements - 2 - of Section 20-22 (a) and (b) do not appear to apply to the case. There is no restriction against short-term use of a duplex in the R-6 zone district. If a residence has been so used nearly from the time of construction then, in our opinion, to effect this aspect of use at the time of a change in the form of ownership (condominiumization) is not valid. We also liken this action to the recent precedent regarding the Aspen Mountain PUD, where the residential units in our tourist zone were excepted from the six month minimum lease restriction due to their location. In this case, the exception is appropriate due to its rental history. As a condition of the Planning, Commission's recommendation, prior to approval _ the applicant was to make the appropriate changes to the third guest unit so it will not constitute a third, illegal unit. The applicant has challenged the timing for this condition. If Council agrees, this condition should be met prior to recordation of the plat. Condition Number 1 below reflects this change. ADVISORY COMMITTEE VOTE: On October 22, 1985, the Planning and Zoning Commission unanimously passed a motion recommending City Council to approve condominiumization of the Saurel Duplex subject to the conditions listed in the proposed motion below. RECOMMENDED MOTION: "hove to approve a subdivision exception for the purpose of condominiumization of the Saurel Duplex subject to the following conditions: 1. Access to the guest room unit in the south wing shall be changed so as to not constitute a third dwelling unit. A report from the Building Inspector of compliance shall be required prior to recordation of the plat. 2. A condominiumization plat shall be submitted meeting all requirements of Section 20-15 of the Municipal Code and incorporating all comments stated in the Engineering Department memorandum of September 27, 1985. 3. Appearing that there are no unreasonable physical restraints, as determined by the Engineering Department, causing that the fence encroaching in the alley not be moved onto the property, the f ence shall be so moved. If the f ence cannot be moved, an encroachment license for those fences on public rights - of -way shall be obtained prior to recordation of the plat. 4. A statement of subdivision exception, excluding the requirement that units be restricted to six month minimum leases with no more that two shorter tennancies per year, shall be submitted for approval of the City Attorney. 5. An electrical inspection for correction of the electrical system inadequacies noted in the October 16, 1985 Building Department memorandum shall be accomplished within sixty - 3 - 9 • (60) days of final approval. 6. The applicant shall agree to join any special improvement districts affecting this property that are formed in the future. SB. sau.2 — 4 — e.corded at, /0 - oc� _ �( gtp ` 1 . ^P4tion Ka R STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS FOR THE PURPOSE OF CONDOMINIUMIZATION FOR LE VOTAUX II CONDOMINIUM CHARMAINE ANDERSON (hereinafter "Applicant"), the successor in title to Louise H. Saurel, the original applicant, is the owner of a parcel of real property in the City of Aspen, Pitkin County, Colorado, described as follows: Lots H & I Block 73 City and Townsite of Aspen WHEREAS, the foregoing described real property contains an existing two family dwelling; and WHEREAS, Applicant has requested an exception from the full subdivision process for the purpose of condominiumizing the existing dwelling to be known as Le Votaux II Condominiums; and EREAS, the Aspen Planning and Zoning Commission at its meeting held �� 'I 1985, determined that such exception would be appropriate and recommended that the same be granted subject, however, to certain conditions; and WHEREAS, the City Council determined at its regular meeting held 1985, that such exception was appropriate and granted the same, subject, however, to certain conditions as set forth below: NOW, THEREFORE, the City Council of Aspen, Colorado, does hereby determine that the application for exception from the full subdivision process for the purpose of condominiumization of the above described property is proper and hereby grants an exception from the full subdi- vision process for such condominiumization, PROVIDED, HOWEVER, that the foregoing exception is expressly conditioned upon (1) the Applicant's recording with the Pitkin County Clerk and Recorder, contemporaneously herewith, that certain "Decla- ration of CoveRestriction and Cojj��dition for Le Votaux II Condo- minium", dated n , 198�9, and (2) the Applicant's strict compliance with the prow sions contained therein and and all other binding conditions of approval on this matter set by the Planning and Zoning Commission and/or the City Council, for itself, its successors and assigns; and PROVIDED FURTHER, that nothing herein or in any other conditions to the approval hereof contained shall be construed as limiting or operate so as to limit tenancies affecting either or both of the units for Le Votaux II Condominium to six (6) month minimum terms with no more than two (2) shorter tenancies per year, which limitation has, in the course of the approvals culminating in this Statement of Exception, been expressly determined to be inapplicable to each of the units of Le Votaux II Condominium. DATED this day of V1 A. J 1986. William L. Stirling, Mayor iP P ,CPVED AS TO OAul J. Taddune, ity Attorney I, KATHRYN S. KOCH, do hereby certify that the foregoing State- ment of Exception from the Full Subdivision Process for the Purposes of Condominiumization was considered and a I by the Aspen City Council at its regular meeting held ��. ,/ IP,,198�, at which time the Mayor was authorized to execute t ik.• ame� oji 6eIha f of the City of Aspen. ryri- by tgcn; ;t *y c:ie ff � 6F/6 i/ I-j r- ASPEN*PITKIN VEGIONAL BUILDI MEMORANDUM Date: TO: Planning Department FROM: Bill Drueding, Zoning OD SUBJECT: Saurel Duplex Condominiumization ' DEPARTMENT R ROWF DEC 1 31985 (' ! During the Condominiumization process it was determined that under Section 24-3.1, Aspen Municipal Code, the above building configuration resulted in three "dwelling units". The realtor requested we reinspect and advise what steps would need to be taken to return the structure to a duplex configuration. On December 3, 1985, Jim Wilson and I made an inspection and determined that the following steps were needed for compliance. 1. Remove the spiral staircase and "floor off" between the upper and lower units. 2. Remove the door and jamb that currently separates the most southerly wing or rooms or the first floor unit from the rest of the unit. The realtor and prospective owner agreed that this work would be completed in January. cc: Jim Wilson, Building Official Bob Hughes Patsy Newbury, Zoning Official Alan Richman, Planning BD/ar offices: 517 East Hopkins Avenue Aspen, Colorado 81611 303/S25-5S73 mail address: 506 East Main Street Aspen, Colorado 131611 G ccT S 75°04'11"E SET F m w z 0 x Du w w H w: 00 a i ---------------------------------------- m K U LL O Y U Q m AILLEY (20.39WIDE) BLOCK 73 0 5 10 20 30 40 50 SCALE , I" = 10' BASIS OF BEARING: NW COR. BLOCK 73 TO NW COR. BLOCK 79 G.C.E. — GENERAL COMMON ELEMENT L.C.E. — LIMITED COMMON ELEMENT C.H. — CEILING HEIGHT SET: REBAR 8 CAP. L.S. 9184 LES DEUX PIES CONDOMINIUM FIRST FLOOR PLAN SECOND FLOOR PLAN CERTIFICATE OF DEDICATION AND OWNERSHIP KNOW ALL MEN BY THESE PRESENTS THAT LOUISE H. SAUREL BEING THE OWNER OF CERTAIN LANDS IN PITKIN COUNTY, COLORADO, BEING LOTS H AND 1, BLOCK 73, CITY OF ASPEN, COLORADO, DOES HEREBY CERTIFY THAT THIS PLAT OF THE LES DEUX PIES CONDOMINIUM HAS BEEN PREPARED PURSUANT TO THE PURPOSES STATED IN THE CONDOMINIUM DECLARATION FOR THE LES DEUX PIES CONDOMINIUM DATED THE _ DAY OF ,1985, AND RECORDED IN BOOK__ AT PAGE— OF THE RECORDS OF THE CLERK AND RECORDER OFPITKIN COUNTY, COLORADO. BY: LOUISE H. SAUREL STATE OF COLORADO 1 5.5. COUNTY OF PITKIN j THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE' ME THIS DAY OF 19B5, BY LOUISE H. SAUREL ASOWNER OF THE LES DEUX PIES CONDOMINIUM. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES NOTARY PUBLIC _SURVIEYOR93, CERTIFICATE I, DANIEL F. McKENZIE , HEREBY CERTIFY THAT IN MARCH, 1985, A SURVEY WAS PERFORMED UNDER MY DIRECTION AND SUPERY15ION OF LOTS H AND I BLOCK 73 , CITY OF ASPEN, COLORADO; THAT THE TWO STORY WOOD BUILDING WAS FOUND TO BE LOCATED AS SHOWN ON TH15 PLAT. THE LOCATION AND DIMENSIONS OF THE BOUNDARY LINES, UTILITIES, IMPROVEMENTS, BUILDINGS IN EVIDENCE OR KNOWN TO ME ARE ACCURATELY SHOWN ON THIS PLAT, AND THE PLAT ACCURATELY AND SUBSTANTIALLY DEPICTS THE LOCATION AND THE VERTICAL AND HORIZONTAL DIMEN51ONS OF THE INDIVIDUAL AIR SPACE UNITS OF THE LES DEUX PIES CONDOMINIUM, THEREIN AND THEREON, THE UNIT DESIGNATIONS THEREOF UNDER THE INSTRUCTIONS PROVIDED ME BY THE OWNER, THE MEASUREMENTS OF SAID UNITS, AND THE ELEVATIONS OF THE FLOORS AND CEILINGS. ALPINE SURVEYS, INC. BY: _ DANIEL F. MIKENZIE 555, L.S. 20151 CITY IENGEITTIElER"S APPROVAL VAL THIS PLAT OF THE LES DEUX PIES CONDOMINIUM WAS APPROVED BY THE CITY ENGINEER OF THE CITY OF ASPEN THIS DAY OF , 1585. CITY ENGINEER _ 7919 75 PLANNING AND ZONING - 7914 75 APPROVAL THIS PLAT OF THE LES DEUX PIES CONDOMINIUM WAS APPROVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION THIS DAY OF—, 1365 7905-Z5 ZNO. FLOOR 7904 25 CHAIRMAN 789G Z5 IST. FLOOR ASPEN CITY COUNCIL EAST �%� j� APPROVAL AND ACCEPTANCE NCIE THIS PLAT OF THE LES DEUX PIES CONDOMINIUM WAS APPROVED BY THE ASPEN CITY COUNCIL ON THE DAY OF ,1985 AND ACCEPTED THIS DAY OF ,1585. CITY CLERK MAYOR CLERK AND RECORDER 9 S ACCEPTANCE THIS PLAT OF THE LES DEUX PIES CONDOMINIUM WAS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF PITKIN, STATE OF COLORADO, AT —O'CLOCK, M., THIS DAY OF , 1085,AND RECORDED IN PLAT BOOK_ AT PAGE_. RECEPTION N- . CLERK AND RECORDER PITKIN COUNTY, COLORADO NOTICE According to Colorado law you must commence any legal action Alpine Surveys Yr 'vV based upon any defect In this survey within six years after you first discover P J Drafted MAY 9 TH., 1985 ouch defect. In no event may any action based upon any defect in this survey be It more than ten years from the date of the certification shown Post Office Box 1730 hereon. Aspen, Colorado 81612 303 925 2688 Revicinnc Title LES DEUX PIES CONDOMINIUM Job No 85-17 PH_.* Lill It_LArC I I V V■ e_v SAUREL