HomeMy WebLinkAboutcoa.lu.ec.Green Family Trust Lot H&I, Block 61 1982IF
0 J ReceptionNO +__+_
Recorded at 2:51PM January 15, 1982 Loretta Banner Recorder 238395
STATEMENT OF SUBDIVISION EXCEPTION yUUK419 I';';-:89e)
WHEREAS, GREEN FAMILY TRUST is the owner of a parcel of land
locatea in Pitkin County, Colorado, more particularly described
as:
Lots H & I, Block 61
City and Townsite of Aspen
WHEREAS, the applicant has constructed a duplex located on
said property, and
WHEREAS, applicant has requested an exception from the strict
application of the subdivision regulations for the purpose of sub-
dividing the existing duplex through condominiumization, and
WHEREAS, the Aspen Planning and Zoning Commission, at its
meeting held December 16, 1980, determined that an exception from
the strict application of subdivision regulations is appropriate
and recommended that the same be granted, and
THEREFORE, the City Council of Aspen, Colorado, does hereby
grant an exception from the strict application of the subdivision
regulations.
PROVIDED, HOWEVER, that the foregoing exception is condi-
tioned upon compliance with the option/notice/right of first
refusal/lease term/time to locate other housing provisions of Sec.
20-22 of the Municipal Code.
PROVIDED, FURTHER, that the foregoing exception is condition
and shall take effect upon application submitting the final Condo-
minium Map to the Engineering Department for review. Further,
applicant shall agree to join in any improvement district for con-
struction of street improvements (including curbs, gutters, side-
walks) or to reimburse the City directly if it should choose to
construct these improvements without formation of such a district,
and applicant's agreeing to join any improvement district for
future drainage and underground utilities improvements. All side-
walks, driveway approaches and curb and gutters shall be con-
structed to meet City of Aspen standard specifications.
Date:
Herman Edel, Mayor
I, Kathryn S. Koch, do hereby certify that the foregoing
Statement of Exception from the Definition of Subdivision was con-
sidered and approved by the Aspen City Council at its regular
meeting held January 12, 1981, at which time Mayor Herman Edel was
authorized to execute the same on behalf of the City of Aspen.
Kathryn S. Oloch, City Clerk
STATE OF COLORADO )
) ss .
County of Pitkin )
L . The foregoing was acknowledged before me this 6 W day of
�. , 19da# by Herman Edel and Kathryn S.
;•� ersonal known to me to be the Mayor and City Clerk
e e pec %i.vely, of the City of Aspen.
a P 'kV� Witness my hand and official seal.
C_04y commission expires:
As,pu, t h S1
N ary Public
0 04
A*N/PITKIN PLANNING OFFICE 46
130 South Galena Street
Aspen, Colorado 81611
LAND USE APPLICATION FEES
County
00100 — 63711 09009 — 00000
Subdivision/PUD
63712
Special Review
63713
P&Z Review Only
63714
Detailed Review
63715
Final Plat
63716
Special Approval
63717
Specially Assigned
City
00100 — 63721 09009 — 00000 Conceptual Application
63722 Preliminary Application
63723 Final Application
63724 Exemption
63725 Rezoning
63726 Conditional Use
PLANNING OFFICE SALES
00100 — 63061 09009 — 00000
63062
63063
Name:
Address:
Check No. —
Receipt No. P
County Land Use Sales
GMP Sales
Almanac Sales
Copy Fees
Other
Project:
Phone:
Date:
CASELOAD SUMMARY SHEET
City of Aspen
1. DATE SUBMITTED: STAFF: 9)rn J)-)
2. APPLICANT:
3. REPRESENTATIVE:
4. PROJECT NAME:
5. LOCATION:
6. TYPE OF APPLICATION:
_4jM-- i(K- (�
No. 11
Rezoning '/ Subdivision Stream Margin
P.U.D. _Exception 8040 Greenline
Special Review Exemption View Plane
Growth Management 70:30 Conditional Use
/HPC Residential Bonus Other
7. REFERRALS:
Attorney
�Engineering Dept.
Housing
Water
City Electric
8. REVIEW REQUIREMENTS:
Sanitation District
Fire Marshal
Parks
Holy Cross Electric
Mountain Bell
School District
Rocky Mtn. Nat. Gas
State Highway Dept.
Other
9. DISPOSITION:
P & Z v , Approved Denied Date \2-k\A o
n � 1
o G U ►ten. � ,.�, ,� .� r.e. Vic,' ti w-c � orc- \� `�'� t b o
sx"
f't" C,. 44,E F o I k
Council Approvedy Denied Date
% fe.�,J \CAA., S Ac-\-
10. ROUTING:
Attorney
JB
C- Ars
_Engineering Other
0E-
MEMORANDUM
TO: Aspen City Council
FROM: Alan Richman, Planning Office
RE: Green Family Trust Subdivision Exception (Condominiumization)
DATE: January 5, 1981
Azix
Zoning: R/MF, Residential/Multi- amily
Location: Lots H and I, Block 61, City and Tow nsite of Aspen (corner
of Hyman and Garmisch)
Lot Size: 6,000 square feet
Application: Subdivision exception to condominiumize a proposed duplex
now under construction. Exception is requested from review
of the conceptual plan by City Council and the preliminary
plat by P & Z.
Rental History: Not applicable; proposed duplex. The previously existing
single family unit has been removed. That unit was
owner -occupied and the owner has moved out of Aspen.
Housing Comments: No comments.
Engineering Dept. The Engineering Department recommends approval of the
Comments: applicant's request for subdivision exception subject to
compliance with the following conditions:
1. Submission of the revised condominium plat to the
Engineering Dept. for review before recording.
2. Revision of the condominium plat to show:
- Two additional parking spaces to comply with the
requirement of one parking space per bedroom in the
R/MF zone;
- An electrical and utilities easement as described in
the attached comments by the Engineering Dept. dated
November 19, 1980.
3. All sidewalk, driveway approaches and curb and gutter
shall be constructed to meet City of Aspen standard
specifications.
Attorney's If the applicant's request for subdivision exception is
Comments: granted, the approval should be conditioned upon the six-
month minimum lease restriction for all units, purusuant
to Section 20-22 of the Municipal Code.
Planning Office The Planning Office recommends approval of the applicant's
Recommendation: request for subdivision exception subject to:
1. The applicant complying with conditions 2-4 described
in the Engineering Department's memorandum dated
November 19, 1980, as discussed above (attached for
your review), prior to submission for final plat approval.
2. The applicant meeting the requirement of six-month
minimum leases, pursuant to Section 20-22.
3. Submission of the revised condominium plat to the
Engineering Department for review before recording.
P & Z At its regular meeting on December 16, 1980, the Aspen
Recommendation: Planning and Zoning Commision recommended subdivision
exception (waive conceptual approval before City Council and
preliminary approval before P & Z) for condominiumization
of the Green Family Trust Subdivision conditional on:
C7
0
MEMO: Green Family Trust Subdivision Exception (Condominiumization)
January 5, 1981
Page Two
1. The applicant complying with conditions 2-4 described
in the Engineering Department's memorandum dated
November 19, 1980, attached for your review, prior to
submission for final plat approval.
2. Submission of the revised condominium plat to the
Engineering Department for review before recording.
3. The applicant meeting the requirement of six-month
minimum leases, pursuant to Section 20-22.
In response to the conditions recommended by P & Z at its
December 16, 1980 meeting, the applicant has submitted a
revised condominium plat to meet the intent of the
Engineering Department's comments, as stated in their
attached memorandum.
Council Action: Should Council concur with the Planning Office and P & Z's
recommendation, the appropriate motion is as follows:
"I move to except the Green Family Trust Subdivision from
full compliance with the subdivision regulations for
purposes of condominiumization subject to the following
conditions:
1. Submission of the revised condominium plat to the
Engineering Department for review before recording.
2. The applicant meeting the requirement of six-month
minimum leases, pursuant to Section 20-22."
0
MEMORANDUM
TO: Aspen Planning and Zoning Commission
c
FROM: Sunny--Vann/Alan Richman, Planning Office
RE: Green Family Trust Subdivision Exception (Condominiumization)
DATE: December 9, 1980 11
Zoning: R/MF, Residential/Multi-family
Location: Lots H and I, Block 61, City and Townsite
of Aspen (corner of Hyman and Garmisch)
Lot Size: 6,000 square feet
Application: Subdivision exception to conlominiumize
a proposed duplex., Exception is requested
from rgyiew of the conceptual plan by
City Council and the preliminary plat by
P & Z.
Rental History: Not applicable; proposed duplex. The pre-
viously existing single family unit has
been removed. That unit was owner -occupied
and the owner has moved out of Aspen.
Housing Comments: No comments.
Engineering Dept. The Engineering Department recommends
Comments: approval of the applicant's request for
subdivision exception subject to compliance
with the following conditions:
1. Submission of the revised condominium
plat to the Engineering Dept. for review
before recording.
2. Revision of the condominium plat to show:
-Two additional parking spaces to comply
with the requirement of one parking
space per bedroom in the R/MF zone;
-An electrical and utilities easement
as described in the attached comments
by the Engineering Dept. dated
November 19, 1980.
3. All sidewalk, driveway approaches and
curb and gutter shall be constructed
to meet City of Aspen standard specifi-
cations.
4. Participation _Py gyp-licant in any
O ,20 street, _rurbnd gutter improvement
Attorney's If the applicant's request for subdivision
Comments: exception is granted, the approval should be
conditioned upon the six-month minimum lease
restriction for all units, pursuant to
Section 20-22 of the Municipal Code.
Planning Office The Planning Office recommends approval of
Recommendation: the applicant's request for subdivision
exception subject to:
MEMO: Green Famol Trust Sub. Exception
December 9, 1980
Page Two _11Z ��
Planning Office 1. The applicant complying with the conditions'1-y
Recommendation, described in the Engineering Department's
cont.: memorandum dated November 19, 1980, as dis-
cussed above (attached for your review),
prior to submission for final plat approval.
2. The applicant meeting the requirement of
six-month minimum leases, pursuant to
Section 20-22.
/J
3. The appl nt's commitment to participa-
tion in ,, y street, curb and gutter improve-
ment -,district in the event one is formed.
nn n
0
JOHN THOMAS KELLY
ATTORNEY AT LAW
POST OFFICE BOX 1109
117 SOUTH SPRING STREET
ASPEN, COLORADO 8161 1n
L
!' OUT 2171980
ASPEN /
N PLANNING PiTKIN OfflC
City Council
City of Aspen
130 South Galena
Aspen, Colorado 81611
Planning Commission
City of Aspen
130 South Galena
Aspen, Colorado 81611
Aspen/Pitkin Planning Office
130 South Galena
Aspen, Colorado 81611
TELEPHONE
4303) 925-1216
October 20, 1980
Daniel Allen McArthur
City Engineer
130 South Galena
Aspen, Colorado 81611
Robert P. Grueter, Esq.
City Attorney
430 East Main Street
Aspen, Colorado 81611
Re: Application for Subdivision exception
Lots H and I, Block 61
City and Townsite of Aspen
Gentlemen:
I represent The Green Family Trust, which by this
application seeks an exception from the strict application
of the code for the condominiumization of a duplex to
be constructed on Lots H and I, Block 61, City and
Townsite of Aspen. My client requests waiver of the
code requirements of preliminary approval before Planning
and Zoning and conceptual approval before City Council.
The proposed condominium will consist of two units
to be constructed on the subject property. Each unit will
consist of three bedrooms and 4 baths and each unit
is approximately 3,700 square feet in size. When my
•
0
October 20, 1980
Page 2
client purchased the property on September 25, 1980, the
property was improved with an existing single family
residence. This house has been removed and construction has
commenced on the duplex to be condominiumized. A building
permit has been issued by the City of Aspen and the proposed
duplex meets the requirements for the R-MF zone.
Obviously, my client recognizes that the proposed
condominiumization represents a subdivision under the
applicable state statutes and the City Code. However, given
the fact that the primary intent and purposes of the
subdivision laws is to facilitate orderly and planned
development and that the new structure will be in
conformance with existing use and density requirements, we
believe that our exception from strict compliance with the
code is appropriate in this case.
The city's concerns with condominiumization of a
duplex are set forth in Section 20-22 of the Code. The
primary thrust of this section is to insure that there is
no low to moderate tenant displacement. In this case, there
will be no tenant displacement of any kind. As stated
previously, my client purchased the property on September 25,
1980 from Inez Zordel, a long time Aspen resident.
Ms. Zordel occupied the premises as her personal residence
since the 1940s and her attorney has represented that the
property has never been rented short or long term.
Ms. Zordel is moving to Alaska. Accordingly, there will be
no tenant dislocation of any kind.
My clients understand that the proposed units will be
subject to the standard restriction regarding six month
minimum leases, with no more than two (2) shorter tenancies
per year.
It is my understanding that the Engineering Department
is now suggesting that in applications of this type that a
full condominium map be submitted before approval can be
obtained. While this would be simple to comply with in
the case of an existing structure, it is impossible to
0
•
October 20, 1980
Page 3
obtain a condominium map for a new structure until such
time as the improvements are complete. Accordingly, we
would request approval subject to review and approval
by the City Engineer of the final plat to be submitted
later when the structure is complete and a map can be
prepared. I have submitted with this application a site
plan which has been reviewed by the Engineering Department.
A complete set of plans are, of course, on file with the
Building Department. If you would like a set of plans
made up for Planning, please advise and I will provide same.
As stated previously, the title to the property is
held in fee simple by The Green Family Trust, subject
only to the liens and exceptions contained on Stewart
Title Policy No. 356915 attached hereto. I have personally
updated said policy and there are no changes in the attached
policy.
If you require any further information, I will be
happy to provide you with same. I would appreciate an
early setting on the Planning and Zoning Commission agenda.
Yours very truly,
John Thomas Kelly
JTK/jeo
enc.
cc: Hank Green
Green Family Trust
•
•
CITY OF ASPEN
130 south galena`ktreet
aspen, colorado:p 81611
mrmnPAMMIM
TO: Sunny Vann, Planning Office
FROM: Louis Buettner, Engineering Department
DATE: November 19, 1980
RE: Green Family Trust Subdivision Exception
After reviewing the revised Subdivision Exception material and having made
a site inspection, the Engineering Department has the following comments:
1. The applicant must submit their condominium plat to the Engineering
Department for approval before recording.
2. The condominium plat should show two additional parking spaces so as
to comply with Section 24-4.5 of the Municipal Code. This section
requires one parking space per bedroom in the RMF zone. The additional
parking could be located on the northerly side of the building.
3. All sidewalk, driveway approaches, and curb and gutter shall be con-
structed to City of Aspen standard specifications.
4. A multipurpose easement for electric and communication utilities will
be required. The easement will need to be located in the southwest
corner of Lot H. The easement should be ten feet deep and seven feet
wide.
The Engineering Department recommends approval of this subdivision exception,
with the aforementioned conditions.
0
i
MEMORANDUM
TO: City Engineer, Dan McArthur
City Housing Director, Jim Reents
City Attorney (Acting), Bob Edmundson
FROM: Sunny Vann, Planning Office
RE: Green Family Trust Subdivision Exception
DATE: October 27, 1980
This application, submitted by the Green Family Trust by John Kelly, requests
exception from full subdivision procedures for the purpose of condominiumizing
a duplex located on the corner of Hyman and Garmisch. (The duplex has yet to
be constructed.) This item is scheduled for review by the Aspen Planning
and Zoning Commission on November 18, 1980; please get your comments to me
no later than November 7th. Thanks.
CITY OF ASPEN
130 south galena treet
aspen, colorado„y 81611
TO: Sunny Vann, Planning Office
FROM: Louis Buettner, Engineering Department ce�
DATE: November 3, 1980
RE: Green Family Trust Subdivision Exception
The application for the above exception is insufficient as
submitted.
The Engineering Department does not accept an architect's
site plan as a review Subdivision Plat.
Subdivision Plats (exception or exemption) must be prepared
by a licensed land surveyor.
The Engineering Department therefore makes no comments for
the above subdivision exception request.
cc: John Thomas Kelly
• 0
JOHN THOMAS, KELLY
ATTORNEY AT LAW
POST OFFICE BOX 1109
117 SOUTH SPRING STREET
ASPEN, COLORADO 81611
January 8, 1981
Mr. Alan Richmond
Aspen/Pitkin Planning Office
(Hand delivered)
Re: Green Family Trust
Dear Alan:
Enclosed herewith is the plat showing the
requested all purpose utility easement as well as
the two additional parking spaces per your request.
If you have any questions, please do not hesitate
to contact me.
Thank you for your cooperation in this matter.
Yours y truly,
John Thomas Kelly
JTK/jeo
enc.
cc: Hank Green
TELEPHONE
(303) 925-1216
•
•
POST OFFICE BOX 1109
117 SOUTH SPRING STREET
ASPEN. COLORADO 81611
JOHN THOMAS KFLLY
ATTORNEY AT LAW
D 17;7
)
COT 2 '1 1980
ASPEN / PITKIN W.
PlNNNING OFFICE
Aspen/Pitkin Planning Office
130 South Galena
Aspen, Colorado 81611
October 27, 1980
Re: The Green Family Trust
Gentlemen:
Enclosed herewith is my check in the amount of
$50 for the filing fee on the Green matter.
Sincerely,
Jhomas Kelly
JTK/jeo
enc.
TELEPHONE
4303) 925-1216
a .
ALTA OWNER'S POLICY —Amended 10/17/70
•
SCHEDULE A •
Order No.: 9638
Date of Policy:
r•
1. Name of Insured
Policy No.: 0 356915
SEPTEMBER 27, 1980 AT 8:00 A.MAmount of Insurance: $ 330,000.00
THE GREEN FAMILY TRUST
2. The estate or interest in the land described herein and which is covered by this policy is:
IN FEE SIMPLE
3. The estate or interest referred to herein is at Date of Policy vested in:
THE GREEN FAMILY TRUST
4. The land referred to in this policy is described as follows:
Lots H & I, Block 61,
CITY AND TOWNSITE OF ASPEN,
County of Pitkin, State of Colorado.
DE 0012
Paget S11,F,NI'AR.11, 11,I11`L1,
GUARANTY COMPANY
V. -1A OWNS H'S PU L I C Y.. M011111e11 1011 l
r
SCHEDULE B
Order No. 9638 Policy No.: 0 356915
This policy does not insure against loss or damage by reason of the following:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a
correct survey and inspection of the premises would disclose and which are not shown by the
public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the public records.
5.Taxes for the year 1980 and thereafter, and any special assessment or charges
not yet certified to the office of the County Treasurer.
6.Any tax, assessment, fees or charges by reason of the inclusion of subject
property in Aspen Sanitation District, Aspen Street Improvement District,
Aspen Fire Protection District, Aspen Valley Hospital District and The City
of Aspen.
7.Deed of Trust from The Green Family Trust to the Public Trustee of Pitkin
County for the use of Inez Marshall Zordel to secure $237,600.00 dated
September 25, 1980 and recorded September 26, 1980 in Book 395 at page 758.
2
S •r : ♦,' A it 11, •r I ,r L 1,
Page GUARANTY COMPANY
SHEET INDEX
I Site Plan
2 Foundation Plan,
3 First Floor Plan
4 Second Floor Framing
5 Secon-d Floor Plan
6 Third Floor Framing
7 Third Floor Plan
8 Roof Framing Plan
S Roof Plan and Details
10 Elevations
11 Elevations
12 Building Section
13 Building Section
14 Wall Sections, Stairs
15 Schedules
16 Electrical
17 Electrical
18 Electrical
INSULATION SCHEDULE
GENERAL NOTES
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71
BUILDING ANALYSIS
Description new 3-story duplex
Construction type VN wd. frame
Occupancy group R- 3
Zoning rmf
Fire Zone district zone 3
Area Calculations unit A unit B
gross area 36874, 37770
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Alpine Surveys
Post Office Box 1730
Aspen, Colorado 81611
303 925 2688
Surveyed 7 - D CO K. K Revisions AM P1?Cf�O�T� 1 IC U�
Drafted 7 7 50 D.lZ. Yr 15, 1-7t3o; i7R.
ADD UTILITY EASEMENT & PAMWG 5MCE5.
JANUARY 5, 1981, G.L.
wk
O 5 10 2 30 40 FT
5CALE: 11 = 10'
15A515 OF DFAKINCvO; FOUND MONUMENT-5 A7 MOWN
DATUM PLANE: A57UME ELEVATION EQUALS 100.CO'
AT DENCH MNttt A5 SHOWN.
IUKVETOW*) CERTIFICATE
1, JM1E5 IT FZFSEIZ, HEREDY CERTIFY THAT
714I5 MAP ACCURATELY DEFICT5 A SURVEY
MAID. UNDEP, MY SUPERVISION ON JULY 3,
1`180, CF LOTS tit I MOCK /ol, CITY N49 ,
� t4 A7P�hC� CCXJN7Y OF FITKIN, ,
�ISTc
R�Rj fI/ itLO
5 91154
LY 8, I'I80 �a,.9ryc s.�xaE�or
NOTE° /CC0PDtN6 TO COLORADO LAW YOU MUST COMHUAC>=
fWY LEGAL ACTION DA'DED UPON ANY D=ECT 1N THiS
'IJKVEY WITPIN SIX YEAK7 AFTER YOU FIKZ5T DISCOVER
A) 1-I DEFECT. IN NO EV", MA-( ANY ACTION DA-XP
UPON /"Y 0f—FECT IN TWt, '7UIZVEY DE COMMENCED MORE
THAN TEN 'PEAKS FKOM THE DATE CF 1ME CUI\TIFICATION
'AIOWN HEPEON.
Title bUILDINO FERVIT SURVEY
LOTS H E I
BLOCK Col
CITY Or ASPEN, COLcr-,,�
Job No 80 6ro - 2
Client ZAHN,/F/tLLIN
SHEET INDEX
1 Site Plan
2 Foundation Plan
3 First Floor Plan
4 Second Floor Framing
5 Secon•d Floor Plan
6 Third Floor Framing
7 Third Floor Plan
8 Roof Framing Plan
9 Roof Plan and Details
10 Elevations
11 Elevations
12 Bui Id ing Section
13 Building Section
14 Wall Sections, Stairs
15 Schedules
E E le t '1 c r cal
i
17 El
ectrical
18 Electrical is a
I
INSULATION
U TION SCHEDULE U E
GENERAL NOTES
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BUILDING ANALYSIS
Description new 3-story duplex
Construction tYp e VN wd fra
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CcU -• Occupancy o
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group R 3
9 p
Zoning r mf
Fire Zone district zone 3
Area Calculations unit A unit B
gross area 368741 37771
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