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Home My WebLink Aboutcoa.lu.ec.1255 Snowbunny Ct.39-81 ~".,.. '-' oA I\. /\1>e ~ . 'f)}' ~ 'ISD' No. 39- Ed CASE LOAD SUMMARY SHEET City of Aspen STAFF: :50:: k .:::b\l'lGev0 ~{'ondi- and ~m(Y\y LDu J3ranJf 1. DATE SUBMITTED: J.//~q/fJ 2. APPLICANT:~ .. 3. REPRESENTATIVE: A" fen J f6 Char/e-r T grandl" J-/1J//aJ1J c; I!(lrf/ (,rX) ~ /)lulnS!; It I bll Of 0< S - ~.I/ 71, 4. PROJECT NAME: 1)~ f' ~ 5. LOCATION: f /0 . loCI< I . \1 J/tll',... , . ( I ~ss Snow bu f)J1(/ ('carl) I mini" mil#l/, 6. TYPE OF APPLICATION: Rezoning P.U.D. Special Review Growth Management HPC A.Subdivision A-Exception Exemption 70:30 Residential Bonus ____Stream Margin ____8040 Greenline View Plane ____Conditional Use _Other ( (' ondtJ n1 / /1 ;t/ /II i tt::? -h ~ ---Ie) (7";)7 ??,. on :Tu ne oJ, /9 f / T J 7. REFERRALS: )( Attorney ~Engineering Dept. XHOuSing _Water _City Electric Sanitation District School District X Fire Marshal/~I&~. Rocky Mtn. Nat. Gas Parks ))e'p!-'____State Highway Dept. Holy Cross Electric _Other Mountain Bell 8. REVIEW REQUIREMENTS: ~. 20-[.:1 ~LJl::d'V\$IDV\ ~~'\f\ ~ C6~ln"IUM~ 'OtI.,.. . ~ ~-_-.:s r"" ....., 9. DISPOSITION: P & Z ~ Approved ~ pr7. ~~ 1. ~b.L Denied Date Tvne. "2,IQSJ ~~~o ~h'D\1h~ ~~ ~t~, U~ '2. Vf'~..J1iM D~ ~+h ~ ei ~~ ~ 4 siKClol ~ ~'nAL'\WL\A \~ ~ 0 ~ ~ ~(1) ~~.v ~;tp, F fC2A.v. Approved X Denied Date June 22, 1981 Counci 1 X City Council approved subject to: same two conditions and P & Z (see above). 10. ROUTING: Attorney X Building AEngineering Other ,.... ..... c ~ ......" HOLLAND & HART ~----- '~~~-'-'; ':0'~~~-;:'~~~ , '- ,- .- DENVER, COLORADO OFFICE 555 SEVENTEENTH STREET SUITE 2900 DENVER, COLORADO 80202 TELEPHONE (303) 575-8000 H.:Lt:COPIER (303) 575-8261 ATTORNEYS AT LAW , :J .' I ij, fIP!;: 2,. lSDI ' i (...l ,.' .u I .:l --~,,-,"-____-' '._;.::j- WA~~~~)ri~!lgi 1875 EYE STREET, N. W. SUITE 1200 T;:~~~~i~~~i6~i ~:~~~.:~ TELECOPIER (202) 466-7354 "...i........-... 600 EAST MAIN STREET ASPEN, COLORAOO 81611 TELEPHONE (303) 925-3476 8ILLlNGS, MONTANA OFFICE SUITE 1400 175 NORTH 27TH STREET BILLINGS. MONTANA 59101 TELEPHONE [406) 252-2166 TELECOPIER (406) 252-1669 LARAMIE, WYOMING OFFICE HOLLAND & HART & KITE "WVOMING ~,,"'-rNE;"SH'~ 618 GRAND AVENUE LARAMIE,WYOMING 82070 TELEPHONE (307) 742-8203 TELECOPIER (307) 792-7618 CHARLES T. BRANDT (303) 925 3476 April 27, 1981 HAND DELIVERY City/County Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Application of Charles T. Brandt and Emmy Lou Brandt for Exception from Aspen Subdivision Regulations Gentlemen: Enclosed please find three copies of the above-referenced Application to Condominiumize our single family residence into two condominium units. Our check in the amount of $50.00 in payment of the required Exception 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, Ct.A,"- j 3-<-/ Charles T. Brandt CTB/dm Enclosures c ,.-.., \ -/ ' :Jl t. , MEMORANDUM TO: City Attorney City Engineering Department City Housing Director Fire Marshal/Building Department FROM: Jack Johnson, Planning Office RE: Brandt Subdivision Exception (Condominiumization) DATE: April 29, 1981 Attached is an application submitted by Charles T. Brandt and Emmy Lou Brandt requesting approval for subdivision exception for the purpose of constructing another dwelling unit to be attached to their single family dwelling unit. They propose to condominiumize the two units. The property is located on Lot 10, Block 1, Snowbunny Subdivlsion (1255 Snowbunny Court). This item is being scheduled for review by the Aspen Planning and Zoning Commission on June 2, 1981; please return any comments regarding this application to me by Tuesday, May 12. Thanks. PEN 130 s **MEMORANDUM** O ~ c:J,'I"I,,~-;::lc;-J\,ll,1Q n ::I" I'!,-"" ; , ,- ._J], ',-", 'I I r r,>----..'--J,.,..-'oL-.L~.'. '; ; i:, MiW 1 Q 1C'11 "U" ~:. ' '- '~Ul ~l 1.... _-,,' Ac,,'u, I ,.of iKIf,ftO, PLANNING OFFICE / TO: Jack Johnson, Planning Office Jay Hannnond, Engineering Department ~ FROM: DATE: May 13, 1981 RE: Brandt Condominiumization, Lot 10, Block 1, Snowbunny Subdivision Having reviewed the above application for condominiumization and after making a site inspection, the Engineering Department has the following comment: The plat submitted with the application is not an adequate condominium plat. Following construction of the second unit, the applicant should be required to submit a condominium plat showing each unit, common elements, parking, etc., to be signed and recorded. ...'" ....... ., ./ MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Jack Johnson, Planning Office RE: Brandt Subdivision Exception - Condominiumization DATE: June 2, 1981 Location: Zoning: Applicant's Request: Engineering Department Comments: Planning Office Comments: Planning Office Recommendation: Lot 10, Block 1, Snowbunny Subdivision (1255 Snowbunny Court) R-15 Charles and Emmy Lou Brandt are requesting subdivision excep- tion pursuant to Section 20-19 of the Municipal Code for the purposes of condominiumizing a duplex (existing single family structure and an unbuilt addition proposed as the second unit). The plat' submitted with the appliction is not an adequate condominium plat. Following construction of the second unit, the applicant should be required to submit a condominium plat showing each unit, common elements, parking, etc., to be signed and recorded. The subject property is improved with one single-story frame structure situated centrally on a lot of approximately 15,800 square feet in size. The footprint of the proposed structural addition to the existing single family structure, as indicated on the improvement survey submitted with the application, encroaches into the rear yard setback. This is a violation of the area and bulk requirements of the R-15 zoning district and must be corrected prior to the issuance of a building permit. Both halves of the duplex structure, once condominiumized, should have deed restrictions to six (6) month minimum leases with no more than two (2) shorter tenancies per year. Approval of the request for subdivision exception for the purposes of condominiumizing a duplex subject to the following conditions: 1. Submission of a condominium plat showing each unit, common elements, parking, etc., to be signed and recorded following construction of the second unit. 2. Deed restrictions on both halves of the duplex to six (6) month minimum leases with no more than two (2) shorter tenancies per year. c MEMORANDUM TO: Aspen City Council FROM: Jack Johnson, Planning Office RE: DATE: Brandt Subdivision Exception - Condominiumization June 22, 19m Location: Zoning: Applicant's Request: Engineering Department Comments: Planning Office Comments: Planning Office Recol1J11endation: P & Z Action: City Council Action: (' .,/.... ;, APPROVED as to form: (t/~ / / /A 7'..,'1. ...r_ ' Lot 10, Block 1, Snowbunny Subdivision, 255 Snowbun y Court) R-15 Charles and EI1J11Y Lou Brandt are requesting subdivision excep- tion pursuant to Section 20-19 of the Municipal Code for the purposes of condominiumizing a duplex (existing single family structure and an unbuilt addition proposed as the second unit). The plat submitted with the appliction is not an adequate condominium plat. Following construction of the second unit, the applicant should be required to submit a condominium plat showing each unit, cOl1J11on elements, parking, etc., to be signed and recorded. The subject property is improved with one single-story frame structure situated centrally on a lot of approximately 15,800 square feet in size. The footprint of the proposed structural addition to the existing single family structure, as indicated on the improvement survey submitted with the application, encroaches into the rear yard setback. This is a violation of the area and bulk requirements of the R-15 zoning district and must be corrected prior to the issuance of a building permit. Both halves of the duplex structure, once condominiumized, should have deed restrictions to six (6) month minimum leases with no more than two (2) shorter tenancies per year. Approval of the request for subdivision exception for the purposes of condominiumizing a duplex subject to the following conditions: 1. Submission of a condominium plat showing each unit, common elements, parking, etc., to be signed and recorded following construction of the second unit. 2. Deed restrictions on both halves of the duplex to six (6) month minimum leases with no more than two (2) shorter tenancies per year. At their regular meeting of June 2, 1981, the Planning and Zoning Commission recol1J11ended approval of this application sub- ject to the two conditions outlined under Planning Office recom- mendations. Should City Council concur with recommendations of the Planning Office and P & Z the appropriate motion would be as follows: "I move to approve the Brandt Subdivision Exception for purposes of condominiumization subject to the following conditi ons: 1. Submission of a condominium plat showing each units, common elements, parking, etc., to be signed and recorded following construction of the second unit. 2. Deed restrictions on both halves of the duplex to six (6) month minimum leases with no more than two (2) shorter tenancies per year." '.. ,-.- ~ - APPLICATION FOR EXCEPTION FROM FULL COMPLIANCE WITH SUBDIVISION REGULATIONS Pursuant to Section 20-19 of the Code of Ordinances, City of Aspen, Colorado, the applicants, Charles T. Brandt and Emmy Lou Brandt, hereby submit to the Aspen Planning Commission this written application for exception 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 10, Block 1 Snowbunny Subdivision also known and numbered as 1255 Snowbunny Court There exists on the subject real estate a single family residence occupied by the applicant. The applicants desire to convert their existing residence into a condominium unit and to add a separate dwelling unit as a second condominium unit. The applicants further desire to be excepted from the definition of a subdivision and full compliance with the subdivision ordinances 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 reason- able use of their land. It is the established practice of the City of Aspen to except condominium conversions from the subdivision regulations because of the special circumstances surrounding such condominium conversions. 2. The exemption is necessary for the preservation and enjoyment of a substantial property right of the applicants. Application of the subdivision regulations - - ....... is unnecessary and would hinder the applicants in conveying either of the subject converted condominium units, and so impair their enjoyment of their property. 3. The granting of the exception will not be detri- mental 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 one-family or two-family dwellings. Thus, the conversion of the existing dwelling is consistent with the applicable zoning of the property. 4. The division of land contemplated in this applica- tion is not within the intent and purpose of the sub- division 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 inter- ests 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." Conversion of this existing single family residence and the addition of a second dwelling unit does not compromise these purposes. 5. Housing Supply. Because the existing structure is a single family residence occupied by the applicants, the proposed condominium conversion does not affect in any manner the supply of low and moderate income hous- ing. Nor is such supply affected when the second unit is constructed and offered for sale. - 2 - .' ~ ,-- , " ~# 6. The applicants agree, upon condominiumization approval, to restrict the rental of said duplex units to periods of not less than six (6) successive months including not more than two short-term rentals within any calendar year. t;! 6~ 'y' , ~M <1. ~ ~ les T. Brandt ~~ '~-" ~~ Enuny u Bran - 3 -