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HomeMy WebLinkAboutcoa.lu.ec.1255 Snowbunny Ct.39-813q F- �A E 0 w 1. DATE SUBMITTED:_ y of l 2. APPLICANT: C.harleS 7. brarl� • • • 0 • e No. - CASELOAD SUMMARY SHEET City of Aspen ,� ) STAFF: 3, k a)rns�,"" — 3. REPRESENTATIVE: OharIes /' Bran d ` s 06 ?/61/ 4. PROJECT N 5. LOCATION: 6. TYPE OF APPLICATION: Rezoning P.U.D. Special Review Growth Management HPC 7. REFERRALS: X Attorney i Engineering Dept XHousing Water City Electric 8. REVIEW REQUIREMENTS: f�—. W— 1,q Subdivision Exception Exemption 70:30 Residential Bonus Sanitation District '�. Fire Marshal/81dq. Parks Holy Cross Electric Mountain Bell Stream Margin 8040 Greenline View Plane Conditional Use Other School District Rocky Mtn. Nat. Gas State Highway Dept. Other ri L) VK 1�4 is 0 0 9. DISPOSITION: P & Z Approved Denied �owl i WMWVVJ,�A�� Date -TIM e 21 � 9 8 I 6 r i'v C,+ 1 ('It _I Council X Approved X Denied Date June 22, 1981 Citv Council approved subject to: same two conditions and P & Z (see above). 10. ROUTING: Attorney ^ Building Engineering Other APR 2=1981 HOLLAND & HART — ASPEN / PIl"KIN Cp, ATTORNEYS AT LAW DENVER, COLORADO OFFICE WASHI T 555 SEVENTEENTH STREET 600 EAST MAIN STREET 1875 EYE 5 .W. ���E �/C SUITE 2900 SUITE 1200 ASPEN, COLORADO 81611 DENVER, COLORADO 80202 WASHINGTON, D. C. 20006 TELEPHONE (303) 925-3476 ? •• TELEPHONE (303) 575-8000 TEL PHO"NE-(202) 466-7,},A0_ TELECOPIER (303) 575-8261 TELECOPIER (202) 466-7354 BILLINGS, MONTANA OFFICE LARAMIE, WYOMING OFFICE SUITE 1400 HOLLAND & HART & KITE 175 NORTH 27TH STREET A WYOMING PARTNERSHIP BILLINGS, MONTANA 59101 618 GRAND AVENUE TELEPHONE (406) 252-2166 LARAMIE, WYOMING 82070 TELECOPIER (406) 252-1669 TELEPHONE (307) 742-8203 TELECOPIER (307) 792-7618 CHARLES T. BRANDT April 27, 1981 (303) 925-3476 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, Charles T. Brandt CTB/dm Enclosures 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 Subdivision (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. CITY OF ASPEN 130 south galena tree TR qaspen, colorado 8161,L l MAY 1 'R 1981 L-U i Ni I Kll� Co. **MEMORANDUM** HorcutiPLANNING OFFICE TO: Jack Johnson, Planning Office FROM: Jay Hammond, Engineering Department,��.�v 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. E MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Jack Johnson, Planning Office RE: Brandt Subdivision Exception - Condominiumization DATE: June 2, 1981 Location: Lot 10, Block 1, Snowbunny Subdivision (1255 Snowbunny Court) Zoning: R-15 Applicant's Charles and Emmy Lou Brandt are requesting subdivision excep- Request: 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). Engineering The plat submitted with the appliction is not an adequate Department condominium plat. Following construction of the second unit, Comments: the applicant should be required to submit a condominium plat showing each unit, common elements, parking, etc., to be signed and recorded. Planning Office The subject property is improved with one single -story frame Comments: structure situated centra�ly 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. Planning Office Approval of the request for subdivision exception for the Recommendation: 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. 4L • C TO FROM MEMORANDUM Aspen City Council Jack Johnson, Planning Office RE: Brandt Subdivision Exception - Condominiumization DATE: June 22, 1981 APPROVED as to form: Location: Lot 10, Block 1, Snowbunny Subdivision,(1255 Snowbunny Court) Zoning: R-15 Applicant's Charles and Emmy Lou Brandt are requesting subdivision excep- Request: 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). Engineering The plat submitted with the appliction is not an adequate Department condominium plat. Following construction of the second unit, Comments: the applicant should be required to submit a condominium plat showing each unit, common elements, parking, etc., to be signed and recorded. Planning Office The subject property is improved with one single -story frame Comments: 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 Jeed restrictions to six (6) month minimum leases with no more than two (2) shorter tenancies per year. Planning Office Approval of the request for subdivision exception for the Recommendation: 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. P & Z Action: At their regular meeting of June 2, 1981, the Planning and Zoning Commission recommended approval of this application sub- ject to the two conditions outlined under Planning Office recom- mendations. City Council Action: 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 conditions: 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. ales T. Brandt S.- �' (�"M& Emmy jDu Bran - 3 - TRI - CO Management, Inc. Box 1730 Aspen, Colorado 81611 303-925-2688 � I SURVEYED date: 8 SEPT. 72- DRAFTED date: 19 OCT. 72 JFB REVISIONS '72 Tr'E_ ON NW OF LL7i� I I MAR. 1981 UPDATE DMc f MPROVEMENT SURVEY LOT 10 , BLOCK I SN JVBUNNY SUB —DIVISION ASPS- N , GOl_ORADO CLIENT: .t3HANU I SHEET NO.: I