HomeMy WebLinkAboutcoa.lu.ec.Lot17,ShawWPW-JV.Subd.19-81
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CASELOAD SUMMARY SHEET
Ci ty of Aspen
1. DATE SUBMITTED: 1.{1!J/gl
2. APPLl CANT: A.J, 12tlt<:,c/,v
STAFF:~~\~~
3. REPRESENTATIVE: GI~ ~1M4.V\
Cf25 -81 (,(p
4. PROJECT NAME:Jlt+SCh. Su,~.}(lIV)st~ &(O~I~
5. LOCATION:~,(\venltR/
6. TYPE OF APPLICATION:
Rezoning
P.U.D.
Speci a 1 Revi ew
-Growth Management
HPC
-x'-Subdivision
'I... Excepti on
Exemption
70:30
Residential Bonus
_____Stream Margin
8040 Greenline
View Plane
Conditional Use
Other
(~'\IUM1A1~)
.
7. REFERRALS:
'X. Attorney
~Engineering Dept.
_____Housi ng
Water
_____City Electric
Sanitation District School District
Fire Marshal _____Rocky Mtn. Nat. Gas
Parks _____State Highway Dept.
Holy Cross Electric _____Other
Mountain Bell
8. REVIEW REQUIREMENTS: ~d-(iy1'\-'L. ~ 1/if.tJ
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9. DISPOSITION:
P&Z ./
Approved ./ Denied
c:,v.~ p \0
Date
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1. The applicant making the necessary cc?rrecction~ltotthe
submitted plat, prior to review by lty OU~Cl '. 0
~orm to the comments included in the Englneerlng
Department's memorandum dated March 23. 1981.
2. The applicant agreeing to restrict both units to six
month minimum leases with no more than two shorter
tenancies per year; and
3. The applicant insuring that the Wogan/Jacobsen sub-
division plat is recorded prior to the final recorda-
tion of the Dietsch subdivision plat~
Council I
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Approved ~ Denied
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MEMORANDUM
TO: Aspen City Council
FROM: Alan Richman, Planning Office
RE:
DATE:
Dietsch Subdivision Exception (Condominiumization)
Apri 1 20, 1981
APPROVED AS TO
FORMAT:C~~~~!~
Zoning:
Location:
Lot Size:
Applicant's
Request:
Engi neeri ng
Department
Comments:
Attorney's
Comments:
R-6 Resi denti a 1
Lot 17, Shaw and WPW Joint Venture Subdivision (Lake Avenue
and Second Street)
11,885 square feet
The applicant is requesting an exception from full subdivision
requirements for the purposes of condominiumizing a duplex
proposed to be constructed on this lot. Since the lot was
originally created in June, 1977 and therefore predates the
implementation of the GMP. the applicant may construct the
proposed duplex without competing for an allocation under
the GMP. The applicant proposes to incorporate the existing,
historically designated unit into the duplex to be built.
In a memorandum dated March 23, 1981, the Engineering Depart-
ment finds numerous problems with the survey plat submitted
by the applicant. The Planning Office recommends that the
applicant be required to provide the information requested
by the Engineering Department and to revise the plat to the
form required in Section 20-15 "Final Plat - Contents" prior
to review of this application by City Council.
The City Attorney comments that the approval of this applica-
tion should be conditioned on compliance with Section 20-22 of
the Code. The applicant has provided a letter indicating that
the existing structure has been owner-occupied and therefore
it does not fall within the employee housing concerns of this
section. Therefore, the approval of this request need only
be conditioned on the following:
- Both units shall be restricted to six month minimum
leases with no more than two shorter tenancies per
year.
Planning Office The Planning Office review of this application has proceeded
Review: concurrently with the review of the Wogan/Jacobsen subdivision
exception requesting the adjustment of the Lot 16 and Lot 17
lot lines of the WPW Subdivision. The results of that lot
line adjustment have bearing on this application only in that
they affect the final dimensions of the subject property.
The proposed new lot lines will not change the development
potential of the Dietsch property nor will it cause any of
the underlying area and bulk requirements of the zone to be
violated. Therefore. it is only necessary to cond~tion the
approval of this application on the prior recordation of
the Wogan/Jacobsen subdivision plat so that the lot line
shown on the Dietsch plat as "proposed" can be verified.
Planning Office The Planning Office recommends approval of the request by
Recommendation: Dietsch for subdivision exception for purposes of condo-
miniumization subject to the following conditions:
1. The applicant making the necessary corrections to the
submitted plat, prior to review by City Council, to
conform to the comments included in the Engineering
Department's memorandum dated March 23, 1981.
Memo: Di etsch
March 25. 1981
Page Two
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Subdivis~ Exception (Condominiumization,
2. The applicant agreeing to restrict both units to six
month minimum leases with no more than two shorter
tenancies per year; and
3. The applicant insuring that the Wogan/Jacobsen sub-
division plat is recorded prior to the final recorda-
tion of the Dietsch subdivision plat.
P & Z Action: The Aspen Planning and Zoning Commission, in its regular
meeting of April 7. 1981, recommended that you approve
the applicant's request for subdivision exception and
concurred with the conditions suggested by the Planning
Office. In response to these conditions, the applicant has
submitted a revised plat which conforms to the changes re-
quested by the Engineering Department.
Council Action: Should Council concur with the recommendation of the Planning
Office and P & Z, the appropriate motion is as follows:
"I move to approve the Di etsch Subdi vi s ion Excepti on
application for purposes of condominiumzation, subject
to the following conditions:
1. The applicant agreeing to restrict both units to
six month minimum leases with no more than two
shorter tenancies per year; and
2. The applicant insuring that the Wogan/Jacobsen
Subdivision Plat is recorded prior to the final
recordation of the Dietsch Subdivision Plat."
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APPLICATION FOR EXCEPTION
FROM
SUBDIVISION REGULATIONS
Request is hereby made on behalf of A.J. DIETSCH
(hereinafter referred to as "applicant") under S20-l9 (a) of
the Aspen, Colorado, subdivision regulations for an exception
from the definition of the term "subdivision" with respect to
real property described as:
Lot 17,
THE SHAW AND WPW JOINT VENTURE SUBDIVISION,
City and Townsite of Aspen, Colorado
An exception in this case would be appropriate.
The application involves subdivision of a duplex to be
constructed. Requiring strict compliance with subdivision
regulations for the subdivision of a lot with a duplex creates
conditions which will deprive the applicant of reasonable use
of land. If an exception is granted, owners of the property
will have a common interest in the land; and there will be a
condominium declaration applicable to the property which will in
no way increase the land use impact of the property. An exception
in this case will not conflict with the intent and purpose of
the subdivision regulations which are directed to assist the
orderly, efficient and integrated development of the City of
Aspen, ensure the proper distribution of population, coordinate
the need for public services and encourage well planned
subdivisions.
The granting of this application will not undermine the
intent of the subdivision regulations, as it is clearly within
the area intended for exception under S20-l9.
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I In addition, this application does not include property
ithat is under the purview of Ordinance 39. This duplex will
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inot be within the low, moderate and middle-income housing pool
,
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that is the primary concern of the city. An Ordinance 39 follow
up letter accompanies this application.
In the event additional information is necessary, I will
,be happy to supply it.
,
The applicant would appreciate your consideration of this
II application at your next regular meeting.
II
II Dated: February 18, 1981
Gideon Kauf a
Attorney fo
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LAW OFFICES
GIDEON I. KAUFMAN
BOX 10001
611 WEST MAIN STREET
ASPEN. COLORADO 8161 1
DAVID G. EISENSTEIN
February 18, 1981
TELEPHONE
AREA CODE 303
925.8166
GIDEON L KAUFMAN
Mr. Sunny Vann
Aspen Planning Office
130 South Galena Street
Aspen, Colorado 81611
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Re: A.J. Dietsch Subdivision Exception
Dear Sunny,
Please consider this letter a follow up letter addressing
the Ordinance 39 considerations of the occupancy of the
structure located on Lot 17, THE SHAW AND WPW JOINT VENTURE
SUBDIVISION. Presently existing on the property is a house
which will be incorporated into the duplex to be constructed
on the property. The new unit does not have a tenant history
and therefore does not come under the purview of Ordinance 39.
The existing structure has the following history which also
precludes it from all Ordinance 39 concerns.
In 1980, the owners and their daughter occupied the
structure. Previous to that, for a long period of time, Peggy
Clifford resided in the house. Peggy Clifford was part
owner of the building and as such her occupancy does not fall
within the purview of tenant. ,I feel, therefore, that
construction of a duplex on this location will not have any
implications that fall within the employee housing purview
of Ordinance 39.
If you have any additional questions, please do not
hesitate to contact me.
VjJ:~bO="'
Gideon Kaufman
GK kw
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Dietsch Subdivisio~xception
March 23, 1981
PAGE TWO
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m) Certificate showing approvals of:
1. City Engineer
2. Planning & zoning Commission
3. City Council
4. Attestation by City Clerk
5. County Clerk & Recorder
4. The following items will require additional information for
a complete review.
a) Structure to be condominiumized.
b) Adjacent streets.
c) Adjacent lots and subdivision.
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MEMORANDUM
TO: Alan Richman, Planning Office
FROM: Louis Buettner, Enqineering Department~
DATE: March 23, 1981
RE: Dietsch Subdivision Exception (Condominiumization)
After having reviewed the second survey plat submitted for the
above referenced subdivision exception, the Engineering Depart-
ment finds the.following:
1. The property is not Lot 17, Block 103, of the Hallam's
Additions. This is a parcel of the Wogan/Jacobsen Sub-
division, Lot line adjustment, submitted to Council
on March 23, 1981.
2. The final condominium plat should be submitted to the
City of Aspen Engineering Department before recording.
The final plat submission should include all subdivision
agreements and documents.
3. As a review plat, the document submitted has very little
value. The following information is missing:
a)
b)
0)
d)
e)
f)
g)
--~\. h)
i)
j)
k)
1)
Legal description.
Surveyor's Certificate.
Description of survey monuments found and set.
The basis of bearings used for this property.
On-site parking other than garage.
Any easements, fences, and encroachments.
Common areas (trash, parking, open space, etc.).
Zone district.
Disclosure of ownership.
Schematic of individual units.
Common elements.
Elevations of floors and ceilings of proposed structures.
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MEMORANDUM
TO: City Attorney
City Engi neer
FROM: Jack Johnson, Planning Office
RE: Dietsch Subdivision Exception (condominiumization)
DATE: February 23, 1981
The attached application requests approval to condominiumize a proposed
duplex located on Lot ~'Block 103, Hallam's Addition (Lake Avenue).
This item is scheduled for review by the Aspen Planning and Zoning Commis-
sion on April 7, 1981. Please return your comments concerning this appli-
cation to the Planning Office no later than March 11. Thank you.
MEMORANDUM
DATE: March 10, 1981
TO: Jack Johnson
FROM, Bob Edmondson
RE: Dietsch SUbdivision Exception
If the above entitled subdivision exception is granted, the
approval should be conditioned upon full compliance with the
requirements of Section 20-22 of the Municipal Code of the City of
Aspen and the six-month rental restrictions. Applicant should
also submit proof of statement concerning Peggy Clifford.
RBE :mc
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CITY OF A~EN ~
MEMO FROM ALAN RICHMAN -
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KLEIN, SEIGLE, DELMAN & KRABA
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HERBERT S. KLEIN
JON DAVID SEIGLE
JAMES H. DELMAN
B. JOSEPH KRABACHER
PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
201 NORTH MILL STREET
ASPEN. COLORADO 81611
August 23, 1984
TELEPHONE
13031 925-8700
City Council
City of Aspen
506 East Main Street
Aspen, Colorado 81611
Re: Lot 17, WPW Subdivision
Dear Council Members:
This firm represents Stephen Chefan who has entered into a
contract to purchase the property known as Lot 17, WPW Joint
Venture Subdivision (214 Lake Avenue). The property is presently
improved with an approximately 800 square foot Victorian which is
subject to HPC designation. In 1981 City Council approved a .4
FAR for 3 residences located at 210 Lake Avenue, 212 Lake Avenue,
and 214 Lake Avenue, all as set forth in the June 8, 1981 minutes
of the regular meeting of Aspen City Council, a copy of which is
attached. Prior to the Council's action in June of ],981 the
Historic Preservation Committee approved a structure for Lot 17
designed by Welton Anderson which had a total square footage o'f
4,702 square feet. City Council further agreed to the
condominiumization of Lot 17 to allow a duplex unit b;lil t in
accordance with the plans prepared by Mr. Anderson. At the
present time, based upon my discussions with Mr. Taddune, the
structure that was designed by Mr. Anderson can be built upon
obtaining the appropriate building permit from the Pitkin County
Combined Building Department.
My client appeared before HPC on August 7 for a preliminary
review of a revised plan for the property which was a duplex with
the exact same square footage as has been previously approved by
HPC. At that meeting, the issue of the FAR was raised by one of
the neighbors. When the Shaw WPW Joint Venture Subdivision was
originally approved in 1977, the developer agreed to a .3 FAR.
It was my understanding at that time there were no FAR
limitations imposed by zoning ordinances. Subsequently, as
referred to in this letter, the FAR was raised to .4 for three of
the lots in the subdivision. In 1981 and presently, the FAR for
the R-6 zone in which the property is located would allow
approximately a 4,700 square foot structure. The purpose of the
appearance before City Council on August 27, 1984 is for the City
Council to confirm that the FAR for Lot 17 is .4. The approval
of the Historic Preservation Committee will still be required for -
any modification to the plans that have been previously approved
by the HPC.
City Council
August 23, 1984
Page Two
I am very appreciative of the cooperation that has been
extended to me by City officials in expediting this matter for
Council's attention. This is especially true because the way in
which this FAR question was recently raised creates a cloud on
the marketability of this property which needs to be addressed
prior to closing.
Sincerely yours,
KLEIN, SEIGLE, DELMAN
& KRABACHER, P.C.
By
Jon David Seigle
JDS/nlw
cc: Paul Taddune
Colette Penne
Stephen Chefan
.~/w...~T
I\\.lG 14. 1984
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Rcgulur f.lecting
Aspen City CO~1ncil
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June 8, 1981
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Councilwoman Michael said this group will come from without city hall; it will not become
Dn unofficial a~m of the city. lIccht said if Council did not give this group a surrogate
parent, it will not have any interest; it will Ilot produce any results. Hecht said he
wanted the conunittee to have an allegiance to someone other than the applicant.
Councilm<:ln Parry moved to have a special meetillg to put together a list for this committeE
use the list as presented as a primary list, have a meeting to go over b,is list add
names and make up a group; the responsibility of this group is as an advisory group to
Council and wor%ing with thp applicant; secondf'd' by Councilwoman Michael. All in favor,
with the except,ion of Councilman Collins and Nayor Edel. Motion carried.
Councilwoman Michael suggested August 31, 1981. as a deadline, as it is critical that this
committee does its work and the applicant gets the plan in motion. Council scheduled a
meeting for Wednesday, June 17, 1981, at noon to establish this committee. Councilwoman
Michael said she did not want to discuss assLn.:ptions or numbers at the Institute. Th0
committee is to crystalize these items.
REQUEST TO HOLD JULY 4 FLEN MARKET ON CITY PROPERTY
Monroe Sununers told Council a woman is ask.ing permissi:m to hold a flea market with 25
stalls specializing in antiques and quality brick bra..:.'"" on city property. Mayor Edel
pointed out that many groups are trying to do dctivities on the Fourth of July. Summers
suggested if this is allowed, the Council put a time Limit on it so that they will have
to be out before the fireworks, Councilman Parry asked. about the Rio Grande. Summers
answered the staff requested this n':>t be used because of the parking lot; it .....ill be busy
on the Fourth. Mayor Edel asked if Summers had any idea of the caliber of the merch~ndise
Summers told Council she has had a shop at the Hotel J{~rome. Summers said this applicant
is amenable to Clny 'public property in town and feels this would be a positive tourist
draw for the FO"..Jrth of July.
~/
Councilman Parry moved to approve a flea market at Rubey Park for the Fourth of July;
seconded by Councilman Collins. Councilmembers Coll~ns, Parry and MiChael in favor;
I Councilman Knecht and Mayor Edcl opposed. Motion carried.
Summers told Council the Haroon Bells bus program will be back bigger and better than
ever. Mayor Erlel said he under.stood the staff would be coming to Council \vith reports and
analysis so that the Council could make the decision. Staff will come back with reports
at the next meeting.
'~~~'i(;N
Colette Penne, plannin9 office, told Council in March of 1977 Council placed on FAR on the
WPW subdivision to prevent very len-gc structures. The zoning ,",;ould allow single family
houses and duplexes of up to 16,000 square feet. Council placed a .3:1 FAR on this
subdivision. \ielton l\nderson is requesting this be changed to .4:1 as he feels the .3:1
is restrictive and unworkable. Anderson is asking for flexibility to redesign the intcriol
space. Ms. Penne told Council <lll residences have gone through HPe. 'I'he planning office
recommcmb the r'AR be? upgrad~d to .4: 1 for the interiors of the three residences in
question. One ~roperty has not gone through HPC.
Councilman Parry movC?d to approve that the Fl\R be upgraded to the requested 0.4: I only
for the interior changes sought by the owp.ers of the 3 resid(~nces in qupstion but not for
the entire \'JPW subdivision since at least one prvperty lias not bee designed yet 01- cvc'n
conceptllally present0d to HPC; ,seconded by Councilwoman Nichael. All in favor, motion
carried. (These residences arc 210 Lake avenue, 212 Lake avenue and 214 Lake avenue).
CONCEP1'UAT. PUD SUB~I()l:! - Pitkin Reser:wb\iJ '1tu5/M. D*~
Jack Johnson, planning office, told Council ~ appIic.1tion is connectod with the ^spl'n
Mountain Park./Sr!luggler tr.1iler I-.Hrk application .....hich ,,'as before Council il few we(>~;s <190.
This application is on il piece of propc:rty located in the county and is the subjC'ct of
proposed ilnne>xat.ioll. The prop!.Tl.y is 26 acrc~ acros!> [1'01'.1 th0 Aspen Institute on the nOJ:th
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310t
Regular Meeting
Aspen City Council
June 8, 1981
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Councilwoman Michael said this group will come from without city hall; it will not become
an unofficial arm of the city. Hecht said if Council did not give this group a surrogate
parent, it will not have any interest; it will not produce any results. Hecht said he
wanted the crnnmittee to have an allegiance to someone other than the applicant.
:1
:1
Councilman Parry moved to have a special meetiug to put together a list for this committee;'
use the list as presented as a primary list, have a meeting to go over i.:i1is list add
names and make up a group; the responsibility of this group is as an advisory group to
Council and working with the applicant; second~d by Councilwoman Michael. All in favor,
with the excf,ption of Councilman Collins and Mayor Edel. Motion carried.
Councilwoman Michael suggested August 31, 1981. as a deadline, as it is critical that this
committee does its work and the applicant gets the plan in motion. Council scheduled a
meeting for Wednesday, June 17, 1981, at noon to establish this committee. Councilwoman
Michael said she did not want to discuss assumptions or numbers at the Institute. The
committee is to crystalize these items.
REQUEST TO HOLD JULY 4 FLEn MARKET ON CITY PROPERTY
Monroe Summers told Council a woman is asking permission to hold a flea market with 25
stalls specializing in antiques and quality brick bra~k on city property. Mayor Edel
pointed out that many groups are trying to do activities on the Fourth of July. Summers
suggested if this is allowed, the Council put a time limit on it so that they will have
to be out before the fireworks. Councilman Parry asked about the Rio Grande. Summers
answered the staff requested this not be used because of the parking lot; it will be busy
on the Fourth. Mayor Edel asked if Summers had any idea of the caliber of the merchandise.
Summers told Council she has had a shop at the Hotel Jerome. Summers said this applicant
is amenable to any .public property in town and feels this would be a positive tourist
draw for the Fourth of July.
Councilman Parry moved to approve a flea market at Rubey Park for the Fourth of July;
seconded by Councilman Collins. Councilmembers Co~lins, Parry and Michael in favor;
Councilman Knecht and Mayor Edel opposed. Motion carried.
Sununers told Council the Maroon Bells bus program will be back bigger and better than
ever. Mayor Edel said he understood the staff would be coming to Council with reports and
analysis so that the Council could make the decision. Staff will come back with reports
at the next meeting.
AMENDMENT IN FAR CONDITION PLACED ON WPW SUBDIVISION
Colette Penne, planning office, told Council in March of 1977 Council placed on FAR on the
WPW subdivision to prevent very large structures. The zoning would allow single family
houses and duplexes of up to 16,000 square feet. Council placed a .3:1 FAR on this
subdivision. Welton Anderson is requesting this be changed to .4:1 as he feels the .3:1
is restrictive and unworkable. Anderson is asking for flexibility to redesign the interior
space. Ms. Penne told Council all residences have gone through HPC. The planning office
recommends the PAR be upgraded to .4:1 for the interiors of the three residences in
question. One property has not gone through HPC.
s~
Councilman Parry moved to approve that the FAR be upgraded to the requested 0.4:1 only
for the interior changes sought by the owners of the 3 residences in question but not for
the entire WPW subdivision since at least one property has not bee designed yet or even
conceptually presented to lIpe, seconded by Councilwoman Michael. All in favor, motion
carried. (These residences are 210 Lake avenue, 212 Lake avenue and 214 Lake avenue).
'--
CONCEPTUAL PUD SUBMISSION - Pitkin Reserve
Jack Johnson, planning office, told Council th~s application is connected with the Aspen
Mountain Park/S~uggler trailer park application which was before Council a few weeks ago.
This application is on a piece of property located in the county and is the subject of
proposed ann~xation. The property is 26 acres across from the Aspen Institute on the north
side of the Roaring Fork river. Willoughby Way off Red Mountain road is the access to the
308;)
Regular Meeting
Aspen City Council
April 27. 1981
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SUBDIVISION EXCEPTION - Dietsch
Alan Richman, planning office, told Council this is a subdivision exception in the R-6
zone at Lake 1'.venue and Second street with a" lot of less than 12,000. This ois a request
to condorniniumize a proposed duplex on a lot created prior to the GMP. There is an
existing historic structure on the lot and the applicant is proposing to incorporate that
structure into the duplex they want to build. Richman told Council the problems the
engineering department found with the plat have been corrected. The city attorney
recommended compliance with Section 20-22 with no short terming allowed. This has been
reviewed with Wogan/Jacobsen with a lot line adjustment.
COuncilman Behrendt moved to approve the Dietsch subdivision exception application for the
pruposes of condominiumization subject to the following conditions; (1) applicant agrees
to restrict beth units to six month minimum leases with nor more than two shorter tenancies
per year; and (2) correcting the plat to meet engineering requests; seconded by Councilman
Isaac.
Gideon Kaufman told Council this lot was created with WPW in 1977 and predates the
adoption of the GMP. The people have corne in because there is going to be a building next
door, they would like to trade 300 feet to preserve the view planes for each. They have
dropped this.
in favor, motion carried.
SUBDIVISION EXCEPTION - Lauri1at
Alan Richman, planning office, told Council this is a request for condominiumization in
the R/MF zone Hopkins at West End on a 12,000 square foot lot. This is a 16-unit apartment
complex. The engineering department is concerned because the building is in West End stree~
and their records show no vacation of this streetj. however, there is evidence of this now.
The attorney suggested approval in compliance with Section 20-22; the applicant has
provided docureentation of that. The building inspector has done an inspection; there are
several violations. The applicant showed plans for a newly remodeled building which would
bring up to code all the violations. This should be a condition of approval. P & z
approved with three conditions.
Councilman Behrendt moved to approve the Laurilat subdivision exception subject to the
following conditions; (1) the applicant's elimination of West End street from the plat or
provision of a record of the West End street vacation with documentation to the engineer-
ing department and city attorney that the street was never platted; (2) the applicant's
agreement that the units shall be restricted to six month minimum lease with no more
than two shorter tenancies: (3) the building shall be remodeled and all aspects of it
brought up to Code prior to the sale of the first unit. Should the applicant fail to
fully satisfy the building department that al~ violations have been eliminated, then the
condominiumization is cancelled; seconded by Councilman Collins.
Councilman Isaac asked if there was a right of first refusal or if there were no tenants
at this time. Alan Richman said there are tenants but they all fall outside the housing
price guidelines. Jon Seigle told Council they gave all tenants the opportunity to pur-
chase these; some of the tenants did exercise that option. Seigle told Council it is
their intention to renovate the building and bring it up to code. Seigle said he would
prefer, even though they plan to bring it up to code, the lesser standard of health, fire
and safety codes.
Councilman Behrendt amended his motion to say all aspects be brought up to life, health
and safety and fire standards prior to the sale of the first unit; seconded by Councilman
Collins. All in favor, motion carried.
ORDINANCE #24, SERIES OF 1981 - Lodge Condominiumization
Richman told Council this ordinance related to condominiumization of lodges is to take
care of some procedures Council was concerned about. This will require an affidavit
itemizing the expenses incurred in upgrading, require a promissory note secured by a deed
of trust to insure the improvements promised will be done, and approvals on the condo-
minium map from various city departments.
Councilwoman Michael moved to read Ordinance #24, Series of 1981; seconded by Councilman
Isaac. All in favor, motion carried.
ORDINANCE #24
(Series of 1981)
AN ORDINANCE AMENDING SECTION 20-23 OF THE MUNICIPAL CODE OF THE CITY OF
ASPEN IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE ASPEN PLANNING AND
ZONING COMMISSION AS FOLLOWS,
1, REPEALING AND RE-ENACINT SECTION 20-23(A) (6) (b) TO REQUIRE THAT
INFORMATION CONCERNING THE P ITOR UPGRADING OF LODGES SOUGHT TO BE
CONDOMINIUMIZED BE PRESENTED IN THE FORM OF AN AFFIDAVIT
2. AMENDING SECTION 20-23(A) (6) BY ADDING'A NEW SUBSECTION (c)
PROVIDING FOR THE REQUIREMENT FOR SECURITY TO ASSURE THE ACCOMPLISHMENT
OF THE PHYSICAL UPGRADING OF THE LODGE SOUGHT TO BE CONDOMINIUMIZED
3, AMENDING SECTION 20-23(A) BY ADDING A NEW SUBSECTION (7) TO
REQUIRE THAT THE LODGE CONOMINIUM ~~P CONTAIN CERTIFICATES SHOWING
APPROVAL OF THE MAP BY THE CITY ENGINEER, CITY ATTORNEY, THE CITY
PLANNING OFFICE, THE CITY PLANNING AND ZONING COMMISSION AND THE
CITY COUNCIL
Councilman Behrendt moved to adopt Ordinance #24, Series of 1981, on first reading;
seconded by Councilwoman Michael. Roll call vote; Councilmembers Behrendt, aye; Collins,
nay; Isaac, aye; Parry, aye; Van Ness, aye: Nichael, ayei r.1ayor Edel, aye. Motion
carried.
."'.-i
308;
Regular Meeting
Aspen City Council
April 21. 1981
SUBDIVISION EXCEPTION - Dietsch
o
Alan Richman, planning office, told Council this is a subdivision exception' in the R-6
lone at LAke Avenue and Second street with a lot of 1sss than 12,000. This is a request
to oondomtniumlze a proposed duplex on a lot created prior to the GNP. There i. An
existing historic structure on the lot and the applicant is proposing to inoorporAte thAt
structure into the duplex they want to build. Richman told Council the problema the
.engineering department found with the plat have been corrected. The oity Attorney
recommended compliance with Section 20-22 with no .hart termini allowed. Thi. ha. be.n
reviewed with Wogan/.Jacobaen with A lot line adjustment.
Councilman Behrendt moved to approve the Dietsch subdivision exception application tor th~
pruposes of condominiumization subject to the following conditi9naJ (1) applicant Agrees
to restrict both units to six month minimum leAses with nor more than two ahorter tana.nyil
per yearJ and (2) correcting the plAt to meet engineering requa.tel .eooneS.d by Counollmal
I..ac.
Gideon Kaufman told Council this lot was created with WPW in 1911 and p~.dat.. the
adoption of the GMP. The people have come in because there ia going to be a building nsxi
door, they would like to trade 300 feet to preserve the view plane. for ..ch. They have
droppfOd this.
All 1n favor, motion carripd.
SUBDIVISION EXCEPTION - Laurliat
Alan Richman, planning office. told Council this is a request tor condom1niumization in
the RlMF zone Hopkins at West End on a 12,000 square foot lot. This ia A 16-unit apartmen
complex. The engineering department is concerned because the building i. in Wa8t End stre
and their records show no vacation of this streeti. however. there i8 evid.ncdI of this now.
The attorney suggested approval in compliance with Section 20-22i the applicant hAS
provided docnmentation of tha.t. 'fhe buildi.ng inspector has done an inspectionr the,,:,e are
aeveral violations. The applicant showed plans for a newly remodeled building which would
bring up to code all the violations. This should be a condition of apprft:lV&l. P' Z
approved with three conditions.
G
Councilman B~hrendt moved to approve the Laurilat subdivision exception subject to the
following conditionsi (1) the applicant's elimination of West End street from the plat or
provision of a record of the West End street vacation with documentation to the engineer-
ing department and city attorney that the street was never platted; (2) the applicant's
agreement that the units shall be restricted to six month minimum lease with no more
than two shorter tenanciesi (3) the building shall be remodeled and all aspeetA of it
brought up to Code prior to the sale of the first unit. Should the applicant tAil to
tully aatiefy ths building department that aU violations have been elilll~n.~.d, then the
condominiumizAtion ie cancelled) aeconded by Councilman Collin..
COuncilman I.&ac aaked if there was a right of first refusal or if there were no tenAnts
at this time. Alan Richman said there are tenants but they all fall out. ide the housing
price guidelines. Jon Seigle told Council they gave all tenant. the opportunity to pur-
chase these; 80me of the tenants did exercise that option. Seigle told CounciJ it is
their intention to renovate the building and bring it up to code. Seigle .aid he would
prefer, even though they plan to bring it up to code, the l..aer atandar4 of health, tire
and satety codes.
Councilman Behrendt amended his motion to say all aspects be brought up to life, health
and aatety and fire standards prior to the sale of the first unit, ..cond.a by Councilman
Collin.. All in favor, motion carried.
ORDINANCE '24. SERIES OF 1991 - Lodge Condomlniumization
Richman told Council this ordinance related to condominiumization of lodges is to take
care of some procedures Council was concerned aboul. This will require &n affidavit
itemizing the expenses incurred in upgradi.ng, require a promissory note ,ecured by a deed
ot trust to insure the improvements promised will be done, And approval.' on the condo-
minium map from various city departments.
Councilwoman Michael moved to read Ordinance '24, Series of 1981, .econd_d by Councilman
Tsa.'\c. All ir. fdV01., motion. c,O'lre-ied.
ORDINANCE .24
(Series of 1981)
o
AN ORDINANCE AMENDING SECTiON 20-23 OF THE MUNICIPAL CODE OF THE CITY OF
ASPEN IN ACCORDANCE WJ"'H TilE RECOMMENDA1'IONS OF THE ASPEN PIJ\I>INING AND
ZONING COMMISS ION AS F'OLLCMS:
1. REPEAL1Nl; ANO lU:-ENACIN'" SEC1'ION 20-23 (A) (6) (b) TO REQUIRE TIiAT
INFOHM1\'l'ION CONCERNIN(; 'rnE P IrOR UPGRADING OF LODGES SOUGHT TO BE
CONDOMINIUMl;t;ED BE PRESEN'l'EO IN TilE FORM OF AN AFFIDAVIT
2. AMENDING SEC1'[ON :'W-23(A) (t.i) BY AOnJNG A NEW SUBSECTION (c)
PROVIDING FOR THE REQtJI REMENT P(lR SECUHI'ry TO ASSURE 'rHE ACCOMPLISHMENT
0(0' THE PHYSiCAL UPGRAD[NG OF 'I'IlE LODGE SOUGHT 'fO BE CONDOMINIUMIZED
3. AMENDING SEC'l'ION 2()-2) (A) BY ADDING A NEW SUBSECTION (7) TO
REOUIRE 1'HA'r THE LODGE CONOMINiUM MAP CONTAIN CERTIFICATES SHOWING
APPROVAL m' 1'IlE MAP BY 'rJlE CITY ENGINEER, CITY AT'rORNEY. THE CITY
I'LANNING Of'FICE, TilE CI1'Y PLANNING AND ZONING COMMISSION AND TilE
CJTY COllNCIL
Counci]llu-',1 Behrendt moved to adopt Ordinance '24. Series of 1981, on first readingi
seconded by Councilwoman Michael. Roll call vote; Councilmembers Behrendt, Aye; Collins,
nay; Isaac, aye; Parry, aye; Van Ness, aye; Michael. aye; Mayor Edel, aye. Motion
carried.