HomeMy WebLinkAboutcoa.lu.ec.Green Family Trust Lot H&I, Block 61 1982
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No. (rfyff)
CASELOAD SUMMARY SHEET
City of Aspen
1. DATE SUBMITTED:-1Qj21!m. STAFF: )1)11f1Y UMrl
2. APPLICANT:JMI:-GtWA- GKUi\ ~ \(u~k
3. REPRESENTATIVE: I.\I)I,\~ V..bJiJ/
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- 1211;
4. PROJECT NAME: (~VfDY\ ffllrv\\\1irl,6t ~~i~b\~~ L~((lrhh~
5. LOCATION:
6. TYPE OF APPLICATION:
Rezoning
P.U.D.
Special Review
Growth Management
HPC
o \YJ~ml~ \(U; HleJ I~)~
LSUbdivision
.-::::L.-Excepti on
Exemption
70:30
Residential Bonus
____Stream Margin
____8040 Greenline
____View Pl ane
____Conditional Use
Other
7. REFERRALS:
XAttorney
~Engineering Dept.
XHousing
_Water
_City Electric
Sanitation District ____School District
Fire Marshal ____Rocky Mtn. Nat. Gas
Parks ____State Highway Dept.
Holy Cross Electric Other
Mountai n Be 11
8. REVIEW REQUIREMENTS:
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9. DISPOSITION:
P & z J APproved1
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Denied
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Counci l~ Approved J
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Denied
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10. ROUTING:
J Attorney
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Other
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MEMORANDUM
TO: Aspen City Council
FROM: Alan Richman, Planning Office
RE: Green Family Trust Subdivision Exception (Condominiumization)
DATE: January
Zoning:
Location:
Lot Size:
Application:
Rental History:
Housing Comments:
Engineering Dept.
Comments:
Attorney's
Comments:
Planning Office
Recommendation:
P & Z
Recommendation:
5, 1981 tZri~'1I,--<jb~:~tki$~<<~
R/MF, Residential/Multi-~milY
Lots H and I, Block 61, City and Townsite of Aspen (corner
of Hyman and Garmisch)
6,000 square feet
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
p 1 a t by P & Z.
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.
No comments.
The Engineering Department recommends 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
specifications.
If the applicant's request for subdivision exception is
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.
The Planning Office recommends approval of the applicant's
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.
At its regular meeting on December 16, 1980, the Aspen
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:
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MEMO: Green Family Trust Subdivision Exception (Condominiumizationl
January 5, 19B1
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 Subdi vi si on from
full compliance with the subdivision regulations for
purposes of condominiumization subject to the following
conditi onS:
1. Submission of the revised condominium plat to the
Engineering Department for review before recording.
2. The apolicant meeting the requirement of six-month
minimum leases, pursuant to Secti on 20-22."
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MEMORANDUM
FROM:
Aspen Planning and Zoning Commission
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.Sunny-Vann/Alan Richman, Planning Office
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TO:
RE: Green Family Trust Subdivision Exception (Condominiumization)
Location:
Lots H and I, Block 61, City and Townsite
of Aspen (corner of Hyman and Garmisch)
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DATE: December 9, 1980 JA ~
Zoning:
R/MF, Residential/Multi-family
Lot Size:
6,000 square feet
Application:
Subdivision exception, to condominiumize
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a proposed duplex~ Except~on ~s requested
from r~'{iew of the conceptual plan by
City Council and the preliminary pla~ 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.
Comments:
The Engineering Department recommends
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 revie~
before recording.
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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.
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4. Participation bY-Lhe-applicant in any
street, curb-alld gutter improvement
..slis t-riit .
Attorney's
Comments:
If the applicant's request for subdivision
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.
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Planning Off ice
Recommendation:
The Planning Office recommends approval of
the applicant's request for subdivision
exception subject to:
MEMO: Green Fam(); Trust Sub. Exception
December 9, 1980
Page Two
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Planning Office
Recommendation,
cont. :
1. The applicant complying with the conditions ~~~ I
described in the Engineering Department's
memorandum dated November 19, 1980, as dis-
cussed above (attached for your review),
prior to submission for final plat approval.
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2. The applicant meeting the requirement of
six-month minimum leases, pursuant to
Section 20-22.
3. The apPl~ commitment to participa-
tion in~rlY-street, curb and gu~ter improve-
ment-~f'strict in the event' one lS formed.
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JOHN THOMAS KELLY
ATTORNEY AT LAW
POST OFFICE BOX 1109
117 SOUTH SPRING STREET
ASPEN. COLORADO 81611
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TEl.EPHONE
(303) 82S-121l5
October 20, 1980
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City Council
City of Aspen
130 South Galena
Aspen, Colorado 81611
Daniel Allen McArthur
City Engineer
130 South Galena
Aspen, Colorado 81611
Planning Commission
City of Aspen
130 South Galena
Aspen, Colorado 81611
Robert P. Grueter, Esq.
City Attorney
430 East Main Street
Aspen, Colorado 81611
Aspen/Pitkin Planning
130 South Galena
Aspen, Colorado 81611
Office
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
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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
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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.
:rZ2
John Thomas Kelly
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cc: Hank Green
Green Family Trust
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MEMORANDUM
TO:
Sunny Vann, Planning Office
Department~
FROM:
Louis Buettner, Engineering
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.
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.
PEN
130 s
MEMORANDUM
TO:
Sunny Vann, Planning Office
Department~
FROM:
Louis Buettner, Engineering
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
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JOHN THOMAS KELLY
ATTORNEY AT LAW
POST OFFICE BOX 1109
117 SOUTH SPRING STREET
ASPEN, COLORADO 81611
TELEPHONE
(303) 825-1216
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.
::It tcuIy,
John Thomas Kelly
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cc: Hank Green
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JOHN THOMAS KELLY
ATTORNEY AT LAW
POST OFFICE BOX 1109
117 SOUTH SPRING STREET
\SPEN, COLORADO 8161 1
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~NINGOfACE /
TELEPHONE
1303) 82!H21t5
October 27, 1980
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Aspen/Pitkin Planning Office
130 South Galena
Aspen, Colorado 81611
Re: The Green Family Trust
Gentlemen:
Enclosed herewith is my check in the amount of
$50 for the filing fee on the Green matter.
Sincer~ _
~oma" Kelly
JTK/jeo
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JOE 0012
'It.... "'LTA OWNER'S POLICY - Amended j(J!l7/70
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SCHEDULE A
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Order No.: 9638
Policy No.: 0 356915
Dale of Policy:
SEPTEMBER 27, 1980 AT 8:00 A.MAmount of Insurance: $ 330,000.00
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1. Name of Insured:
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.
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~'l'E'VAH.'l' TI'l'LE
GUARANTY CONI"ANY
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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 $237,600.00 dated
September 25, 1980 and recorded September 26, 1980 in Book 395 at page 758.
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Page 3
S'J'E'WAH.'J'Tl'l'LE
GUARA.NTY COMPANY
1613
Ai.. iN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
lAND USE APPLICATION FEES
County
00100 - 63711 09009 - 00000
63712
63713
63714
63715
63716
63717
City
00100 - 63721 09009 - 00000
63722
63723
63724
63725
63726
PLANNING OFFICE SALES
00100 - 63061 09009 - 00000
63062
63063
Subdivision/PUD
Special Review
P&Z Review Only
Detailed Review
Final Plat
Special Approval
Specially Assigned
Conceptual Application
Preliminary Application
Final Application
Exemption
Rezoning
Conditional Use
County land Use Sales
GMP Sales
Almanac Sales
Copy Fees
Other
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$SC.OG
Name: .1.T. Kel' Project:
Bo" 11'"
'n Phone:
Address:
Check No. ? "' Date: I
Receipt No. P ,
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