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HomeMy WebLinkAboutcoa.lu.ec.Fairway Condo Kuhne/Weaver.1981-EC-07 - No. 3/1/ '":R.ouJeJ 10/0, If I CASE LOAD SUMMARY SHEET City of Aspen 1. DATE SUBMITTED: JU.\lf 3. )<1YI STAFF: eliI' #/J/lf'./ 2. APPLICANT: ~y 1ClAh ne M1t;( Clio.... Iv . 6- t/)f1J-'1./~vJ JI". C~ Lzyk1ml h;f! ker.rMl f Jd(,dVfrp','1C" -'lIS ~ Ifyman Auf I ~ 3.'REPRESENTATIVE: "":R;~k fle.,\w,3'r. 9;(S-/93& Caditl./ 'i liedd-, - :~/ t. I/y"!~,, 'Ifuf, ~ ,eM'!b/! 4. PROJECT NAME: -:faIYU} SUbdl/),sib11 f'yft.flI,'#'N (('6;/,/&) 5. LOCATION ,1-d f I; ~J f 1}J~ J" lxi, [; ;.,~, H. ? '/.'U-,-A J I /O(lalnl_~) elJa~"'r Rei ~) . 6. TYPE OF APPLICATION: Rezoning X Subdivision P.U.D. 1Exception Special Review Exemption Growth Management 70:30 HPC Residential Bonus X C(JYI~;" I UmJ ~J;~ -10 ____Stream Margin ____8040 Greenline ____View Plane ____Conditional Use ____Other (}rIy P/3 6'1-1.) k cf(1l1t ) fj o /1YI 7. REFERRALS: X-Attorney ~Engineering Dept. _Housing _Water _City Electric Sanitation District ____School District Mountain Bell ____Rocky Mtn. Nat. Gas Parks State Highway Dept. Holy Cross Electric _Other ~Fire Marshal/Building Dept. 8. REVIEW REQUIREMENTS: , ..., . '- '- 9. DISPOSITION: P&Z ./ Approved (J If ...()(ICIIOJ / Denied Date , 8/lq/::.:,! ('--~ / - ,.,- ,- .l7tJ1..-. 2./ rfC 1}?Jl:~" II ",lt~", /, I .,1/, , .-t~,:) r~ '-. ~ , O-'S F-~ -Ht" f I ,; ." 3.~~ C)u:vll .-//lpr:/I;' I ~ I -~ ~-"- 1 C J.-^..\~-~: ') Ck,-"i" ~ Q.v \--1 ".!\l I '-'iL " "t / ~17, I "I,.,., , "L~ v( ~' 1 . /~~Q' . ; ( -,' { , (,' '< -+ ~ ,_ I nl! -, ;/1 - .-J c, \ ~'. ~( in , ' c ,'e-s, Counci 1 ~lC:p~"d ;,) ~:f':" -I~,.. \~, --,.\~}"~- )......._~ I "J ' ,", ; i . ;. 1 /' ~ ',,- I __.....1 - ' , r Date "i IZf?{'1 , ~, ~ ~-\ "~ ~, i . " \ t I' / ( 10. ROUTING: Attorney bilding Engineering Other ... # - ~, '. , MEMORANDUM TO: Aspen City Council FROM: Colette Penne, Planning Office RE: Fairway Subdivision Exception (Condominiumization) DATE: September 28, 1981 APPROVED AS TO FORM:' ~ ,0' i; . 0 /- ;:"(.' ..~ 7 ' 'HI J c,'- Filing l~A, 735 Ceme ery Lane Location: Lot 1, West Aspen Subdivision, Lot Size: 14,995 square feet Zoning: R-15 Applicant's Request: Subdivision exception for the purposes of condominiumization. Referral Agency Comments: City Attorney The applicant must demonstrate compliance with the require~ ments of Section 20-22. Engineering Department "Having reviewed the above application for subdivision exception and made a site inspection, the Engineering Department has the following comments: 1. The applicant should be required to revise and resubmit the Condominium Plat as follows: a, Include the surveyor's signature and seal. b. Indicate where fences encroach on adjacent parcels and rights-of-way. c, Designate the second floor area as either Unit A or B. 2, The owner/applicant should be required to join a sidewalk, curb and gutter improvement district in the event one is formed." Buil di ng Department "An inspection of the subject property was made on August 11, 1981. The following is a summary of Life, Health and Safety problems that exist: A) ELECTRICAL 1. Unsafe lighting in three (3) closets 2. Lack of GFI recepticals in two (2) bathrooms and garage 3. Various ungrounded, open neutral and reversed polarity recepticals 4. Washing machine not on separate circuit 5. Open wiring and non-secure mounting of various recepticals and switch boxes 6. No switchable light in dining room and living room B) BUILDII~G 1, Need step from rear door on north unit s'.' " "'-'~, '-"..I' Memo: Fairway Subdivision Exception (Condominiumization) Page Two September 28, 1981 2. Windows near floor level must be tempered C) OTHER POSSIBLE PROBLEMS 1. Proper fire separation between units 2. Are sewers separate? 3. There is a kitchen and a lockable door in the basement of the south unit. II Planning Office Review: Unit A is 2,595.5 square feet and has been occupied by the owner, Charles Weaver, for at least the past 18 months. Unit B is 716.4 square feet and has been rented for the same period of time at the rate of $600/month which places it outside (in excess) of the current income guidelines for rent~restricted housing, therefore no rental restrictions should be placed on either unit. The Building Department has inspected the property and their comments are included for your information. Parking is adequate on the site. Planning Office Recommendation and P & Z Action: The Planning Office recommends approval for condominiumization of the Fairway Duplex subject to the following conditions: 1. The recommendations of the Building Department be compl ied with. 2. The Condominium Plat be revised and resubmitted as per the Engineering Department request. 3. The owner/applicant be required to join a sidewalk, curb and gutter improvement district in the event one is formed. 4. The units shall be restricted to 6 month minimum leases with no more than two shorter tenancies per year, and existing tenants shall be given written notice when their unit is offered for sale as specified in See, 20-22(a), Counci 1 Action: If Council agrees with the Pl anning Office recommendation and the action of the Planning and Zoning Commission, the appro- priate motion is as follows: III move to grant subdivision exception for the purposes of condominiumization of the Fairway Duplex subject to the following conditions: 1. The recommendations of the Building Department be complied with. 2. The Condominium Plat be revised and resubmitted as per the Engineering Department request. 3. The owner/applicant be required to join a sidewalk, curb and gutter improvement district in the event one is formed. 4. The units shall be restricted to 6 month minimum leases with no more than two shorter tenancies per year, and existing tenants shall be given written notice when their unit is offered for sale as specified in Sec. 20-22(a),1I " MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Colette Penne, Planning Office RE: Fairway Subdivision Exception - Condominiumization DATE: September 8, 1981 Lot Size: Lot 1, West Aspen Subdivision, Filing l-A, 735 Cemetery Lane 14,995 square feet Location: Zoning: R-15 Referral Agency Comments: City Attorney The applicant must demonstrate compliance with the require- ments of Section 20-22. Engineering Department "Having reviewed the above application for subdivision exception and made a site inspection, the Engineering Department has the following comments: 1. The applicant should be required to revise and resubmit the Condominium Plat as follows: a. Include the surveyor's signature and seal. b. Indicate where fences encroach on adjacent parcels and rights-of-way. c. Designate the seconm floor area as either Unit A or B. 2. The owner/applicant should be required to join a sidewalk, curb and gutter improvement district in the event one is formed." Building Department "An inspection of the subject property was made on August 11, 1981. The following is a summary of Life, Health and Safety problems that exist: A) ELECTRICAL 1. Unsafe lighting in three (3) closets 2. Lack of GFI recepticals in two (2) bathrooms and garage 3. Various ungrounded, open neutral and reversed polarity recepticals 4. Washing machine not on separate circuit 5. Open wiring and non-secure mounting of various recepticals and switch boxes 6, No switchable light in dining room and living room B) BUILDING 1. Need step from rear door on north unit 2. Windows near floor level must be tempered /,,"..'"-.. ,....".... . ,-"" Memo: Fairway Subdivision Exception - Condominiumization Page Two September 1, 1981 c) OTHER POSSIBLE PROBLEMS 1. Proper fire separation between units 2. Are sewers separate? 3. There is a kitchen and a lockable door in the basement of the south unit." Planning Office Recommendation: Unit A is 2,595.5 square feet and has been occupied by the owner, Charles Weaver, for at least the past 18 months. Unit B is 716.4 square feet and has been rented for the same period of time at the rate of $600/month which places it outside (in excess) of the current income guidelines for rent-restricted housing, therefore no rental restrictions should be placed on either unit. The Building Department has inspected the property and their comments are included for your information. Parking is adequate on the site. The Planning Office recommends approval for condominiumiza- tion of the Fairway Duplex subject to the following conditions: 1. The recommendations of the Building Department be complied with. Planning Office Review: 2. The Condominium Plat be revised and resubmitted as per the Engineering Department request. 3. The owner/applicant be required to join a sidewalk, curb and gutter improvement district in the event one is formed. 4. The units shall be restricted to 6 month minimum leases with no more than two shorter tenancies per year, and existing tenants shall be given written notice when their unit is offered for sale as specified in Sec. 20-22(a). " s H[J':C! i,~t\i~ !.iUi\'i TO: {lspeo rl~nning and Zor,ing CO::,:I':"SI0:1 FROM: Colette renne, Planning Office I~E: Fain'-i\1Y Subdivisior: E):ccpt-iull ." Condc'lJi'irlt:r;\zat'i.Qn DfdE: tlugust 18, '1931 -----'- ._---_.~~----------,---_.._~-----~_.._._-_._-----~---,---------- LOCi} t -10\1: Lot 1, \~est flspen Subd"ivi si on, Fil i ng l-t" 735 Cemetery Lane Let S'ize: 14,995 square feet ZOll"ing: R-15 Refprra'! I\gency Comments: ~_iiLLtto rn~y The applicant must demonstrate compliance with the require- ments of Section 20-22. Eng'ine2tino Derlart"lcnt ______--"~_:::.1:..':_______ "Having reviewed the above application for subdivision exception and made a site inspection, the Engineering Department has the foll evti ng COi01il1ents: 1. The applicant should be required to revise and resubmit the Condomi n i um Pl at as fo 11 ows: a. Include the surveyor's signature and seal. b. Indicate where fences encroach on adjacent parcels and rights-of-way. c. Designate the second floor area as either Unit A or B, 2. The owner/applicant should be required to join a sidewalk, curb and gutter improvement district in the event one is formed." !3.uild.jJ..I9~artment "An inspection of the subject property was made on August 11, 1981. The follm,ling is a summary of Life, Health and Safety problems that exist: A) IU:CTI<ICAl-=- 1. Unsafe lighting in three (3) closets 2. Lack of GFI recepticals in two (2) bathrooms and garage 3, Vc.rious ungrounded, open neutral and reversed polarity recepticuls 4. ,!aslii n~J machi ne not on separate ci rcuit 5. Open wiring and non-~ecure mounting of various rccept-j Ct;,l S ond S\'l1 tel: boxes 6, I~o sVlitdlablc light in dinh'9 room and living room s) Pl;TLUINCl 1. Nec:cJ st~p f}~0:n ~-'()r:~~ dr.nr' nn nOl~th Im'it 2. t~irjd()\,1s nr~dr floot 'lE'v(~l Ii'jUSt lIe temppn--:d . , " .. ,./ r\';crln: Fa'in'J..:I.Y Subdiv-ision EXCt'ptiOt-1 - COLd(x:riniu:niza-L"ion Page hlo August, 1,1, 1981 C) aTI iLR PO~;~; 1 U:. L PFzOB1,~~:HS --~--- ..---- .__._--_.__._-----~. ,- 1. Prop~r fire separatiun between units 2. Are SCHeY'S sepal'ut2? 3. There is a k itellen and " 1 ockab 1 e door in the basement of thr: south unit.I' Plannino Office Review: Unit f\ is 2,595.5 square feet and has been occupied by the owner, Charles Weaver, for at least the past 18 months. Unit B is 716.4 square feet and has been rented for the same I,eriod of time at the l'v.te of $600jmonth which places it outside (in excess) of the current income guidelines for rent-restricted housing, therefore no rental restrictions should be placed on either unit. The Building Department has inspected the property and their comments are included for your informat"ion. Parking is adequate on the site. Planning Office Recommend"tion: The 1'1 "nni ng Offi ce recommends approval for condomi n i IJmi za- tion of the Fa.in,ay Duplex subject to the follovling conditions: 1. The recommendations of the Building Department be compl i ed I.ri th. 2. The Condominium Plat be revised and resubmitted as per the Engineeririg Department request. 3. The o'..merjapplicant be required to join a sidevlalk, curb and gutter improvement district in the event one is formed. 4. The units shall be restricted to G month mlnlmum leases with no more than two shorter tenancies per year, and existing tenants shall be given written notice when their unit i~ offered for sale as specified in Sec. 20-22(a). o GARFIELD & HECHT o CRAIG N. BLOCKWICK K. ROULHAC GARN RICHARD Y. NEILEY. JR. SPENCER F. SCHIFFER ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE ASPEN, COLORADO 81611 July 2, 1981 TELEPHONE (303) 925-1936 TELECOPIER (303) 925-3008 CABLE ADDRESS "GARHEC" RONALD GARFIELD ANDREW V. HECHT Planning & Zoning commission City of Aspen 130 South Galena Aspen, Colorado 81611 Dear Members: This is an application by Jay R. Kuhne and Charles G. Weaver, Jr. whose address is c/o Ingham, Dickerson & Weaver, Inc. 415 East Hyman Avenue, Aspen, Colorado 81611, pursuant to ~20-19 of the Municipal Code of the City of Aspen, as amended, for an exception from the definition of the term "subdivision" for the condominiumization of a duplex located in Aspen, Colorado. The applicants submit that since this is merely a sub- division of an existing duplex, to require that they proceed through the entire subdivision procedure would deprive them of the reasonable use of their land. Furthermore, the applicants submit that exception is necessary for the preservation and enjoy- ment of their substantial property right. Finally, since this is merely a subdividing of an existing structure, there will be absolutely no increase in density as a result of the granting of this exception and therefore the granting of the exception would not be detrimental to the public welfare or injurious to other property in the area. One of the units in the duplex has, for in excess of the past 18 months been occupied by applicant Weaver, and there- fore no rental has been charged for this unit. For the past 18 months, the amount of rental charged for the other unit has been in excess of the current guidelines established for low and moder- ate income housing; thus no decrease in the amount of such housing would result from conversion. The applicants submit that due to the prior history of the units, no detrimental change in use or occupancy of the units would result from conversion. Furthermore, the applicants submit that the requirements of ~20-20 of the Municipal Code of the city of Aspen will be complied with where ever applicable. Therefore, approval of this application is respectfully requested. :~erY :;:l:n;:u~rs, v UiaJrYL ichard Y. N ley, Jr. for applican s Jay R. and Charles Weaver Land Use Data Sheet NAME: Jay R. Kuhne & Charles G. Weaver, Jr. ADDRESS: c/o Ingham, Dickerson & Weaver, 415 East Hyman, Aspen, Colorado 81611 and c/o Richard Y. Neiley, Jr., Garfield & Hecht, 601 East Hyman Avenue, Aspen, Colorado 81611 PHONE: 925-4044 - Ingham, Dickerson & Weaver 925-1936 - Garfield & Hecht NAME OF PROJECT: Fairway Condominiums TOTAL AREA: Approximately 14,995 square feet EXISTING USE: Multi-family; duplex PROPOSED USE: Multi-family; condominiums Approximate square footage of each: unit A (owner occupied) 2,595.5; Unit B (rented, $600.00 per month) 716.4 sq. feet PRESENT ZONING OF SITE: R-15 DESCRIPTION OF LAND USE PROPOSAL: Applicants seek an exception from subdivision to condominiumize the existing duplex located on County Road 19, Aspen, Colorado. condominiums will not change the present use of the units nor will it reduce the amount of low, moderate or middle income housing available in the Aspen area. LEGAL DESCRIPTION: Lot 1, West Aspen Subdivision, Filing I-A, city of Aspen, pitkin County, Colorado TO BE COMPLETED BY THE PLANNING OFFICE TYPE OF APPLICATION: REZONING SUBDIVISION P.U.D. EXEMPTION SPECIAL REVIEW 35-acre + SUBDIVISION BUILDING PER1HT REVIEW DETAILED SUBMISSION COMPLETED DATE DATE DATE DATE DATE REVIEW PHASE: PRE-APPLICATION GENERAL SUBMISSION DATE P.C. ACTION BOARD ACTION P.C. ACTION BOARD ACTION BOARD ACTION FINAL PLAT ~ GARFIELD & HECHT RONALD GARFIELD ANDREW V. HECHT ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE ASPEN. COLORADO 8161 I CRAIG N. BLOCKWICK K. ROULHAC GARN RICHARD Y. NEILEY. JR. SPENCER F. SCHIFFER July 2, 1981 TELEPHONE (303) 925-1936 TELECOPIER (303) 925-3008 CABLE ADDRESS "GARHEC" Planning & Zoning Commission City of Aspen 130 South Galena Aspen, Colorado 81611 Dear Members: This is an application by Jay R. Kuhne and Charles G. Weaver, Jr. whose address is c/o Ingham, Dickerson & Weaver, Inc. 415 East Hyman Avenue, Aspen, Colorado 81611, pursuant to S20-l9 of the Municipal Code of the City of Aspen, as amended, for an exception from the definition of the term "subdivision" for the condominiumization of a duplex located in Aspen, Colorado. The applicants submit that since this is merely a sub- division of an existing duplex, to require that they proceed through the entire subdivision procedure would deprive them of the reasonable use of their land. Furthermore, the applicants submit that exception is necessary for the preservation and enjoy- ment of their substantial property right. Finally, since this is merely a subdividing of an existing structure, there will be absolutely no increase in density as a result of the granting of this exception and therefore the granting of the exception would not be detrimental to the public welfare or injurious to other property in the area. One of the units in the duplex has, for in excess of the past 18 months been occupied by applicant Weaver, and there- fore no rental has been charged for this unit. For the past 18 months, the amount of rental charged for the other unit has been in excess of the current guidelines established for low and moder- ate income housing; thus no decrease in the amount of such housing would result from conversion. The applicants submit that due to the prior history of the units, no detrimental change in use or occupancy of the units would result from conversion. Furthermore, the applicants submit that the requirements of S20-20 of the Municipal Code of the City of Aspen will be complied with where ever applicable. Therefore, approval of this application is respectfully requested. v~:rY ;;:l:~::~ur; j ~ Lf.iUrJA V L ichard Y. N -ley, Jr. for applican s Jay R. and Charles Weaver , Land Use Data Sheet NAME: Jay R. Kuhne & Charles G. Weaver, Jr. ADDRESS: c/o Ingham, Dickerson & Weaver, 415 East Hyman, Aspen, Colorado 81611 and c/o Richard Y. Neiley, Jr., Garfield & Hecht, 601 East Hyman Avenue, Aspen, Colorado 81611 PHONE: 925-4044 - Ingham, Dickerson & Weaver 925-1936 - Garfield & Hecht NAME OF PROJECT: Fairway Condominiums TOTAL AREA: Approximately 14,995 square feet EXISTING USE: Multi-family; duplex PROPOSED USE: Multi-family; condominiums Approximate square footage of each: Unit A (owner occupied) 2,595.5; Unit B (rented, $600.00 per month) 716.4 sq. feet PRESENT ZONING OF SITE: R-15 DESCRIPTION OF LAND USE PROPOSAL: Applicants seek an exception from subdivision to condominiumize the existing duplex located on County Road 19, Aspen, Colorado. Condominiums will not change the present use of the units nor will it reduce the amount of low, moderate or middle income housing available in the Aspen area. LEGAL DESCRIPTION: Lot 1, West Aspen Subdivision, Filing l-A, city of Aspen, Pitkin county, Colorado TO BE COMPLETED BY THE PLANNING OFFICE TYPE OF APPLICATION: REZONING SUBDIVISION P.U.D. EXEMPTION SPECIAL REVIEW 35-acre + SUBDIVISION BUILDING PERl1IT REVIEW REVIEW PHASE: PRE-APPLICATION GENERAL SUBMISSION DATE P.C. ACTION BOARD ACTION P.C. ACTION BOARD ACTION BOARD ACTION COMPLETED DATE DATE DATE DATE DATE DETAILED SUBMISSION FINAL PLAT ....- ..-.------..........., /" ..... +,/e - ,/ MEMORANDUM TO: Paul Taddune, City Attorney City Engineering Department - Fire Marshal/Building Department FROM: Colette Penne, Planning Office RE: Fairway Subdivision Exception (Condominiumization) DATE: July 21, 1981 Attached is an application submitted by Jay R. Kuhne and Charles G. Weaver, Jr. requesting subdivision exception for the purpose of condominiumizing an existing duplex located on Lot 1, West Aspen Subdivision, Filing l-A, City of Aspen (on County Road 19). This application is being scheduled for the August 18, 1981, City P & Z agenda. Please return any comments-you might have by Tuesday, August 4, 1981. Thank you. .-~ / ASPEN.PITKII\C~EGBONAL BUiLDL,'.G DEPARTMENT MEMORANDUM TO: Herb Paddock RE: Stan Stevens ....Il John Ostwald9UL. Fairway Subdivision (Condominiumization) FROM: DATE: August 13, 1981 ------------------------------------------------------------------- An inspection of the subject property was made on August 11: 1981. The following is a summery of Life, Health and Safety problems that exist: A) ELECTRICAL 1. Unsafe lighting in three (3) closets 2. Lack of GFI recepticals in two (2) bathrooms and garage 3. Various ungrounded, open neutral and reversed polarity recepticals 4. Washing machine not on separate circuit 5. Open wiring and non-secure mounting of various recep- ticals and switch boxes. 6, No switchable light in dining room and living room, B) BUILDING , ..... 1. Need step from rear door on north unit 2. Windows near floor level must be tempered C) OTHE~ POSSIBLE PROBLEMS 1, Proper fire separation between units 2. Are sewers separate? 3. There is a kitchen and a lockable door in the basement of the south unit, 506 East Main Street Aapen, Colorado 81611 303/925-5973 /,'"" /"'^', '-'" *MEMORANDUM* TO: Colette Penne, Planning Office FROM: Jay Hammond, Assistant City Engineer A-- DATE: August 6, 1981 RE: Fairway Condominiums Having reviewed the above application for subdivision exception and made a site inspection, the Engineering Department has the following comments: 1. The applicant should be required to revise and resubmit the Condominium Plat as follows: a. Include the surveyor's signature and seal. b. Indicate where fences encroach on adjacent parcels and rights- of-way. c. Designate the second floor area as either Unit A or B. 2. The owner/applicant should be required to join a sidewalk, curb and gutter improvement district in the event one is formed. ~ ..J(, ......... ~ ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 LAND USE APPLICATION FEES County 00100 - 63711 09009 - 00000 63712 63713 63714 63715 63716 63717 City 00100 - 63721 63722 63723 63724 63725 63726 09009 - 00000 PLANNING OFFICE SALES 00100 - 63061 09009 - 00000 63062 63063 I Check No:' '" 7 /~ '-'. -':) -- Receipt No, P '~,) 'I .'1, '5 Subdivision/PUD Special Review P&Z Review Only Detailed Review Final Plat Special Approval Specially Assigned Conceptual Application Preliminary Application Final Application Exemption ;Y' Rezoning Conditional Use C"r ......~l" <: ,1 rJ._( . -,,' County land Use Sales GMP Sales Almanac Sales Copy Fees Other .~ 1a ' Project: Ir 1rA'i1/J.r/(:cI: : I ('f.UI ~ . ' '_-1(,j,/</. 9,:::;(S - /'1 -, ; ,. -' C ,'''')u7 j-(p-f'/ f /"fJf IfUi./f c. J, '\ irj:I'l ! _.j ;I ./