HomeMy WebLinkAboutcoa.lu.ec.123 W Hyman-AlbanoSubd.1982r
Albano - Condominiumization
E
C
No. 3- ra
CASELOAD SUMMARY SHEET
City of Aspen
1. DATE CERTIFIED COMPLETE: 1� ?— STAFF:
2. APPLICANT: -De-V)A'%A V. Al LoOnn O VVl �PaYI Im , 41 �1?nn
1" I
3. REPRESENTATIVE: ,C+I H. KaR '4I S S . m . 1 .1' iJtJ
aS - 1,57 i
4. PROJECT NAME: PII IS`8 IU11ilt� 1(
J
5. LOCATION: S Cvy�o� $ , ��D C'_k o-i� -S'{ ° -V / ��c3 C(iL%X)M%)
6. TYPE OF ADPLICATION:
4 Step: GMP ( )
I
--- PUD (-- - -- - - - -- )
Subdivision
2 Step: V Subdivision Exception
GMP Exception ( )
_Rezoning ( )
SPA
1 Step: _ Use Determination
Conditional Use
__Special Review (_
HPC
No. of Steps: Other:
f 7. REFERRALS
_Attorney
Engineering Dept.
Housing
Water
City Electric
8. DISPOSITION
Sanitation District
Mountain Bell
Parks
Holy Cross Electric
_Fire Marshal/Building Dept.
P & Z _ Approved ✓ Denied
Conditions:
Date
School District
Rocky Mtn. Nat. Gas
State Highway Dept.
__Fire Chief
Other
1. The units shall be restricted to six-month minimum leases with no more
than two shorter tenancies per year.
2. The plat revisions outlined by the Engineering Dept. be completed before
recording.
Council__ Approved Denied Date Z
9. PRELIMINARY PLAT REFERRALS:
Attorney Sanitation District
Engineering Dept. Mountain Bell
Housing Parks
Water Holy Cross Electric
City Electric Fire Marshal/Building Dept.
10. PRELIMINARY PLAT - PUBLIC HEARING
P & Z Approved Denied Date
School District
Rocky Mtn. Nat. Gas
State Highway Dept.
Other
11. FINAL PLAT
Council Approved Denied Date
12. ROUTING: /
✓�Attorne Building 1 Engineering. Other
MEMORANDUM
TO: Aspen City Council
FROM: Colette Penne, Planning Office
RE: Albano Subdivision Exception (CondominiumAnmw
tion)
DATE. March 8, 1982 APPROVED AS TO FORM:
Location: Lots A & B, Block 61, 123 W. Hyman
Zoning: R-MF
Applicant's The applicant requests subdivision exception for the
Request: purposes of condominiumization of a newly constructed
duplex.
Referral The City Attorney commented that the requirements
Agency of Sec. 20-22 must be met to the extent applicable.
Comments: No comments have been received from the Building
Department, but this is a new structure and any
conditions must be met before a certificate of
occupancy is issued. The Engineering Department
listed some plat requirements to be met prior to
recordation.
Planning Construction of one unit (Unit A) is complete and
Office a certificate of occupancy has been issued. This
Review: unit has been occupied by the owners and will remain
in their ownership. Unit B is nearing construction
completion.
Prior to construction of this duplex, there existed
a single-family dwelling. The dwelling was occupied
by the owner until its sale in June, 1980. From
June 1980 until the sale of the property to the
Albanos in May of 1981, the property was short -termed.
Under these circumstances, there is no reduction in
the supply of low and moderate income housing.
P & Z The Planning and Zoning Commission recommended sub -
Action: division exception for the purpose of condominiumiza-
tion with the conditions that the units be restricted
to six-month minimum leases and the appropriate docu-
mentation submitted to the City Attorney's office and
that the plat revisions outlined by the Engineering
Department be completed before recordation.
Council The appropriate motion is as follows:
Action:
"I move to approve subdivision exception for the
purpose of condominiumization of the Albano duplex
located at 123 W. Hyman with the following conditions:
1. The units shall be restricted to six-month leases
with no more than two shorter tenancies per year,
and documentation of this restriction must be
submitted to the City Attorney's office.
2. The plat revisions outlined by the Engineering
Department be completed before recordation."
0 •
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Colette Penne, Planning Office
RE: Albano Subdivision Exception (Condominiumization)
DATE: February 16, 1982
Location: Lots A and B, Block 61, 123 W. Hyman
Zoning: R-MF
Applicant's
Request: The applicant requests subdivision exception for the purposes
of condominiumization of a newly -constructed duplex.
Referral
Agency
Comments: The City Attorney commented that the requirements of Sec. 20-22
must be met to the extent applicable. No comments have been
received from the Building Department, but this is a new struc-
ture and any conditions must be met before a certificate of
occupancy is issued. The Engineering Department listed some plat
requirements to be met prior to recordation.
Planning Office
Review: Construction of one unit (Unit A) is complete and a certificate
of occupancy has been issued. This unit has been occupied by the
owners and will remain in their ownership. Unit B is nearing
construction completion.
Prior to construction of this duplex, there existed a single-
family dwelling. The dwelling was occupied by the owner until
its sale in June, 1980. From June 1980 until the sale of the
property to the Albanos in May of 1981, the property was
short -termed. Under these circumstances, there is no reduction
in the supply of low and moderate income housing.
Planning Office
Recommendiition: The Planning Office recommends that the Planning and Zoning
Commission recommend subdivision exception for the purpose of
condominiumization for the Albano duplex located at 123 W. Hyman
with the following conditions:
1. The units shall be restricted to six month minimum leases
with no more than two shorter tenancies per year.
2. The plat revisions outlined by the Engineering Department
be completed before recording.
MEMORANDUM
TO: Collette Penne, Planning Office
FROM: Jay Hammond, Engineering Department
DATE: February 5, 1982
RF: Albano Subdivision Exception, Lots A & B, Block 61,
O.A.T.
Having reviewed the above submission for condominiumization
and made a site inspection, the Engineering Department has
the following comments:
I. Please note that the block number in the written
application is incorrect and should be Block 61 as indicated
on the plat.
2. Prior to recordation, the plat should be revised
to include the following:
a. Surveyor's signature and seal.
b. Owners signature.
C. All survey monuments found or set.
d. Locate and show all existing curb, gutter, and
sidewalks adjacent to the site in the Hyman Avenue and First
Street rights -of -way.
e. Indicate on -site parking spaces sufficient for
each unit (1 per bedroom).
f. All common elements such as decks, open areas,
trash, etc.
g. Designate units "A" and "B" on plat.
CITY OF ASPEN
130 south galena street
aspen, colorado 81611
303-925 -2020
MEMORANDUM
DATE: February 1, 1982
TO: Colette Penne
FROM: Paul Taddune�� l�
RE: Albano Subdivision Exception (Condominiumization
Applicant's request for a subdivision "exemption" is
inappropriate since condominiumization is clearly within
the definition of subdivision (20-3(s)). Rather, it
appears that applicant is requesting an exception from
the full subdivision process as may be granted by the
P&Z pursuant to Section 20-19(a). To the extent
applicable, the requirements of Section 20-22 of the
Code must be met (especially six month minimum leasing)
as a condition of final plat approval by Council.
PJT:mc
•
•
MARTIN H. KAHN
ATTORNEY AT LAW
415 EAST HYMAN, ROOM 301
ASPEN, COLORADO 81611
TELEPHONE (303) 925-1539
January 27, 1982
To: Planning Office, City of Aspen
Re: Rental history of Albano property
As you know, Mr. and Mrs. Dennis Albano have
applied for subdivision exemption for condominiumization
of the duplex they have constructed. Prior to their
construction, there was an old single family dwelling on
the, property. That dwelling had, for many years, been
occupied by the owner, Mary C. Johnston. C.M. Clark
purchased the property from Ms. Johnston in June, 1980, and
he has advised me that from June, 1980 to the time of his
sale to Mr. and Mrs. Albano (May of 1981), he short -
termed the property.
Accordingly, there is no tenant displacement and
no reduction of the supply of low and moderate income
housing.
Vex - truly yours,
Martin H. Kahn
MHK:cd
cc: copy of title policy
• • 1
MEMORANDUM
TO: Paul Taddune, City Attorney
Dan McArthur, City Engineering Department
Herb Paddock, Fire Marshal/Building Department
FROM: Colette Penne, Planning Office
RE: Albano Subdivision Exception (Condominiumization)
DATE: January 25, 1982
Please review the attached application for Subdivision Exception (condomin-
iumization of a duplex) submitted by Dennis V. Albano and Jean M. Albano.
The subject property is 123 W. Hyman, Lots A and B, Block 21, Aspen. This
item is scheduled for the February 16, 1982 City Planning and Zoning Commission
agenda; please send comments to me by Monday, February 8.
Thank you!
MARTIN H. KAHN
ATTORNEY AT LAW
415 EAST HYMAN. ROOM 301
ASPEN. COLORADO 01611
TELEPHONE (303) 925-1539
January 27, 1982
To: Planning Office, City of Aspen
Re: Rental history of Albano property
As you know, Mr. and Mrs. Dennis Albano have
applied for subdivision exemption for condominiumization
of the duplex they have constructed. Prior to their
cor.(struction, there was an old single family dwelling on
the property. That dwelling had, for many years, been
occupied by the owner, Mary C. Johnston. C.M. Clark
purchased the property from Ms. Johnston in June, 1980, and
he has advised me that from June, 1980 to the time of his
sale to Mr. and Mrs. Albano (May of 1981), he short -
termed the property.
Accordingly, there is no tenant displacement and
no reduction of the supply of low and moderate income
housing.
Very -truly yours,
Martin H. Kahn
MHK:cd
cc: copy of title policy
ALTA Owner's Policy — Form B — Amemded 10-17-70
0016-
POLICY OF TITLE INSURANCE ISSUED BY
STEWAUT TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONT I ED IN SCHEDULE B AND
THE PROVISIONS OF THE CONDITIONS AND STIPULAT NS HEREOF, ST ART TITLE GUARANTY
COMPANY, a corporation of Galveston, Texas, herein called t mpany, insures, as f Date of Policy shown in
Schedule A, against loss or damage, not exceeding the amount of su nce stated in Sched a A, and costs, attorneys'
fees and expenses which the Company may become obligated to pay er under, sustained or incurred by the insured by
reason of:
1. Title to the estate or interest described i%nd A being vested therwise than as stated therein;
2. Any defect in or lien ncumbrance o;
3. Lack of aright of acc s to and from th
4. Unmarketability of suc title
IN WITNESS WHEREOF, tew rt Title Guaranty Company has caused this policy to be signed and sealed by its
duly authorized officers as of Da o Policy shown in Schedule A.
STEWART 'TITLE
Countersigned:#:G(/q9 GUARANTY COMPANY
>�• 1 9 0 8 o Chairman of the Board
Tf X p/5u��''°
Authorized Countersignature President
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or
hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect
of any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public
records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date
such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company
prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d)
attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured
claimant had paid value for the estate or interest insured by this policy.
Page lo, 0 357148
Policy serial No.
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and,
subject to any rights or defenses the Company may have
against the named insured, those who succeed to the
interest of such insured by operation of law as distinguished
from purchase including, but not limited to, heirs, dis-
tributees, devisees, survivors, personal representatives, next
of kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or
damage hereunder.
(c) "knowledge": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured
by reason of any public records.
(d) "land": the land described, specifically or by
reference in Schedule A, and improvements affixed thereto
which by law constitute real property; provided, however,
the term "land" does not include any property beyond the
lines of the area specifically described or referred to in
Schedule A, nor any right, title, interest, estate or easement
in abutting streets, roads, avenues, alleys, lanes, ways or
waterways, but nothing herein shall modify or limit the
extent to which a right of access to and from the land is
insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or
other security instrument.
(f) "public records": those records which by law
impart constructive notice of matters relating to said land.
2. CONTINUATION OF INSURANCE AFTER CON-
VEYANCE OF TITLE
The coverage of this policy shall continue in force as of
Date of Policy in favor of an insured so long as such insured
retains an estate or interest in the land, or holds an
indebtedness secured by a purchase money mortgage given
by a purchaser from such insured, or so long as such insured
shall have liability by reason of covenants of warranty made
by such insured in any transfer or conveyance of such
estate or interest; provided, however, this policy shall not
continue in force in favor of any purchaser from such
insured of either said estate or interest or the indebtedness
secured by a purchase money mortgage given to such
insured.
3. DEFENSE AND PROSECUTION OF ACTIONS —
NOTICE OF CLAIM TO BE GIVEN BY AN INSURED
CLAIMANT
(a) The Company, at its own cost and without undue
delay, shall provide for the defense of an insured in all
litigation consisting of actions or proceedings commenced
against such insured, or a defense interposed against an
insured in an action to enforce a contract for a sale of its
estate or interest in said land, to the extent that such
litigation is founded upon an alleged defect lien
or interest as insured, and which might cause loss or damage
for which the Company may be liable by virtue of this
policy or, (iii) if title to the estate or interest, as insured, is
rejected as unmarketable. If such prompt notice shall not
be given to the Company, then as to such insured all
liability of the Company shall cease and terminate in regard
to the matter or matters for which such prompt notice is
required; provided, however, that failure to notify shall in
no case prejudice the rights of any such insured under this
policy unless the Company shall be prejudiced by such
failure and then only to the extent of such prejudice.
(c) The Company shall have the right at its own cost tc
institute and without undue delay prosecute any action of
proceeding or to do any other act which in its opinion may
be necessary or desirable to establish the title to the estate
or interest as insured, and the Company may take any
appropriate action under the terms of this policy, whether
or not it shall be liable thereunder, and shall not thereby
concede liability or waive any provision of this policy.
(d) Whenever the Company shall have brought any
action or interposed a defense as required or permitted by
the provisions of this policy, the Company may pursue any
such litigation to final determination by a court of
competent jurisdiction and expressly reserves the right, in
its sole discretion, to appeal from any adverse judgment or
order.
(e) In all cases where this policy permits or requires
the Company to prosecute or provide for the defense of
any action or proceeding, the insured hereunder shall secure
to the Company the right to so prosecute or provide
defense in such action or proceeding, and all appeals
therein, and permit the Company to use, at its option, the
name of such insured for such purpose. Whenever requested
by the Company, such insured shall give the Company all
reasonable aid in any such action or proceeding, in effecting
settlement, securing evidence, obtaining witnesses, or pros-
ecuting or defending such action or proceeding, and the
Company shall reimburse such insured for any expense so
incurred.
4. NOTICE OF LOSS — LIMITATION OF ACTION
In addition to the notices required under paragraph
3(b) of these Conditions and Stipulations, a statement in
writing of any loss or damage for which it is claimed the
Company is liable under this policy shall be furnished to
the Company within 90 days after such loss or damage shall
have been determined and no right of action shall accrue to
an insured claimant until 30 days after such statement shall
have been furnished. Failure to furnish such statement of
loss or damage shall terminate any liability of the Company
under this policy as to such loss or damage.
5. OPTIONS TO PAY OR OTHERWISE SETTLE
CLAIMS
eThe Company shall have the option to pay or otherwise
encumbrance, or other matter insured against by this
settle for or in the name of an insured claimant any claim
policy. insured against or to terminate all liability and obligations
(b) The insured shall notify the Company promptly in of the Company hereunder by paying or tendering payment
writing (i) in case any action or proceeding is begun or of the amount of insurance under this policy together with
defense is interposed as set forth in (a) above, (ii) in case any costs, attorneys' fees and expenses incurred up to the
knowledge shall come to an insured hereunder of any claim time of such payment or tender of payment, by the insured
of title or interest which is adversothe title to the estate claimant and author by the Company.
(continued and concluded on last page of this policy)
AL I A OWNER'S POLICY — Amended 10/1 l//U
0 '4 SCHEDULE A
Order No.: 10309
Date of Policy: MAY 15, 1981 AT 10:07 A.M.
Policy No.:O 357148
Amount of Insurance: $335 ,000.00
1. Name of Insured: DENNIS V. ALBANO AND JEAN M. ALBANO
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:
DENNIS V. ALBANO AND JEAN M. ALBANO
4. The land referred to in this policy is described as follows:
Lots A and B, Block 61,
CITY AND TOWNSITE OF ASPEN,
County of Pitkin, State of Colorado.
r
Page 2 ti'1' 1: NVA IZ'1'
)DE0012 GUARANTY COMPANY
nl I\ OWN II'L V(it ICY MU-Illm,III) / I
• SIC HE D U L E B • .
if
Order No. 10309
Policy No.: 0 357148
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 1981 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 Fire Protection District, Aspen Sanitation District, Aspen
Street Improvement,District, The City of Aspen and Aspen Valley Hospital
District.
7.Deed of Trust from C. M. Clark to the Public Trustee of Pitkin County for the
use of Mary C. Johnston to secure $215,000.00 dated June 12, 1980 and recorded
June 12, 1980 in Book 390 at page 63.
NOTE: Assumption and Subordination Agreement dated May 15, 1981, recorded May 15,
1981 in Book 408 at page 443, given in connection with the above Deed of Trust.
STl:% VAIZT 'I'ITLI:
Page3 GUARANTY COMPANY
1613
&NDITIONS AND STIPULATIONS Continuis
(continued and concluded from reverse side of Policy Face)
6. DETERMINATION AND PAYMENT OF LOSS
(a) The liability of the Company under this policy
shall in no case exceed the least of:
(i) the actual loss of the insured claimant; or
(ii) the amount of insurance stated in Schedule A.
(b) The Company will pay, in addition to any loss
insured against by this policy, all costs imposed upon an
insured in litigation carried on by the Company for such
insured, and all costs, attorneys' fees and expenses in
litigation carried on by such insured with the written
authorization of the Company.
(c) When liability has been definitely fixed in accord-
ance with the conditions of this policy, the loss or damage
shall be payable within 30 days thereafter.
7. LIMITATION OF LIABILITY
No claim shall arise or be maintainable under this
policy (a) if the Company, after having received notice of
an alleged defect, lien or encumbrance insured against
hereunder, by litigation or otherwise, removes such defect,
lien or encumbrance or establishes the title, as insured,
within a reasonable time after receipt of such notice; (b) in
the event of litigation until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appeals therefrom, adverse to the title, as
insured, as provided in paragraph 3 hereof; or (c) for
liability voluntarily assumed by an insured in settling any
claim or suit without prior written consent of the Com-
pany.
8. REDUCTION OF LIABILITY
All payments under this policy, except payments made
for costs, attorneys' fees and expenses, shall reduce the
amount of the insurance pro tanto. No payment shall be
made without producing this policy for endorsement of
such payment unless the policy be lost or destroyed, in
which case proof of such loss or destruction shall be
furnished to the satisfaction of the Company.
9. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance
under this policy shall be reduced by any amount the
Company may pay under any policy insuring either (a) a
mortgage shown or referred to in Schedule B hereof which
is a lien on the estate or interest covered by this policy, or
(b) a mortgage hereafter executed by an insured which is a
charge or lien on the estate or interest described or referred
to in Schedule A, and the amount so paid shall be deemed a
payment under this policy. The Company shall have the
option to apply to the payment of any such mortgages any
amount that otherwise would be payable hereunder to the
insured owner of the estate or interest covered by this
policy and the amount so paid shall be deemed a payment
under this policy to said insured owner.
10. APPORTIONMENT
If the land described in Schedule A consists of two or
more parcels which are not used as a single site, and a loss is
established affecting one or more of said parcels but not all,
the loss shall be computed and settled on a pro rata basis as
if the amount of insurance under this policy was divided
pro rata as to the value on Date of Policy of each separate
parcel to the whole, exclusive of any improvements made
subsequent to Date of Policy, unless a liability or value has
otherwise been agreed upon as to each such parcel by the
Company and the insured at the time of the issuance of this
policy and shown by an express statement herein or by an
endorsement attached hereto.
11. SUBROGATION UPON PAYMENT OR SETTLE-
MENT
Whenever the Company shall have settled a claim under
this policy, all right of subrogation shall vest in the
Company unaffected by any act of the insured claimant.
The Company shall be subrogated to and be entitled to all
rights and remedies which such insured claimant would
have had against any person or property in respect to such
claim had this policy not been issued, and if requested by
the Company, such insured claimant shall transfer to the
Company all rights and remedies against any person or
property necessary in order to perfect such right of
subrogation and shall permit the Company to use the name
of such insured claimant in any transaction or litigation
involving such rights or remedies. If the payment does not
cover the loss of such insured claimant, the Company shall
be subrogated to such rights and remedies in the proportion
which said payment bears to the amount of said loss. If loss
should result from any act of such insured claimant, such
act shall not void this policy, but the Company, in that
event, shall be required to pay only that part of any losses
insured against hereunder which shall exceed the amount, if
any, lost to the Company by reason of the impairment of
the right of subrogation.
12. LIABILITY LIMITED TO THIS POLICY
This instrument together with all endorsements and
other instruments, if any, attached hereto by the Company
is the entire policy and contract between the insured and
the Company.
Any claim of loss or damage, whether or not based on
negligence, and which arises out of the status of the title to
the estate or interest covered hereby or any action asserting
such claim, shall be restricted to the provisions and
conditions and stipulations of this policy.
No amendment of or endorsement to this policy can be
made except by writing endorsed hereon or attached hereto
signed by either the President, a Vice President, the
Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company.
13. NOTICES, WHERE SENT
All notices required to be given the Company and any
statement in writing required to be furnished the Company
shall be addressed to it at its main office, P. O. Box 2029,
Houston, Texas 77001.
14. The premium specified in Schedule A is the entire
charge for acceptance of risk. It includes charges for
title search and examination if same is customary or
required to be shown in the state in which the policy is
issued.
Valid Only If Schedules A and B are Attached.
S'1`ENVAR.T 'I`ITLE
GUARANTY COMPANY
•
E
APPLICATION FOR EXEMPTION FROM THE DEFINITION OF
SUBDIVISION BY DENNIS V. ALBANO AND JEAN M. ALBANO
Applicants, Dennis V. Albano and Jean M. Albano, by and
through their attorney, Martin H. Kahn, request exemption from thei
definition of subdivision for condominiumization of a newly con-
structed duplex owned by them.
The duplex is located at Lots A and B, Block 21, in the
City of Aspen (123 W. Hyman). Construction of one unit (proposed
Unit A) is completed and a Certificate of Occupancy has been issued.
The Albanos have occupied it, and intend to retain ownership of it.
Construction on the other unit (proposed Unit B) is nearing comple
tion, and should be ready by March of this year. The Albanos hope
to sell this unit.
Under the terms of certain "seller financing," the Albanos
have a right to transfer the existing deed of trust, if the duplex
is condominiumized, to one of the units. They would like to be
able to do this as soon as possible.
The duplex will, of course, have all utilities, has no
engineering problems, meets zoning code and subdivision design
standards, and will be constructed to code and in accordance with
the plans. The designer was Richard Fallin.
Similar requests have been granted to others in the area.
Approval will not reduce the supply of law and moderate
income as the units are newly constructed and have not been rented
Dated this 12th day of January, 1982.
Martin H. Kahn
415 East Hyman, Roo A301
Aspen, CO 81611
Attorney for applicants
• • —r2 ^ s
k, c.w 09 A17
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Colette Penne, Planning Office
RE: Albano Subdivision Exception (Condominiumization)
DATE: February 16, 1982
Location: Lots A and B, Block 61, 123 W. Hyman
Zoning: R-MF
Applicant's
Request: The applicant requests subdivision exception for the purposes
of Condominiumization of a newly -constructed duplex.
Referral
Agency
Comments: The City Attorney commented that the requirements of Sec. 20-22
must be met to the extent applicable. No comments have been
received from the Building Department, but this is a new struc-
ture and any conditions must be met before a certificate of
occupancy is issued. The Engineering Department listed some plat
requirements to be met prior to recordation.
Planning Office
Review: Construction of one .uni.t (Unit A) is complete and a certificate
of occupancy has been issued. This unit has been occupied by the
owners and will remain in their ownership. Unit B is nearing
construction completion.
Prior to construction of this duplex, there existed a single-
family dwelling. The dwelling was occupied by the owner until
its sale in June, 1980. From June 1980 until the sale of the
property to the Albanos in May of 1981, the property was
short -termed. Under these ci.rcuristances, there is no reduction
in the supply of low and moderate income housing.
Planning Office
Recommendation: The Planning Office recommends that the Planning and Zoning
Commission recommend subdivision exception for the purpose of
Condominiumization for the Albano duplex located at 123 W. Hyman
with the following conditions:
1. The units shall be restricted to six month minimum leases
with no more than two shorter tenancies per year.
2. The plat revisions outlined by the Engineering Department
be completed before recording.
TO: Collette Penne, Planning Office
FROM: Jay Hammond, Engineering Department
DATE: February 5, 1982
KE: Albano Subdivision Exception, Lots A & B, Block 61,
O.A.T.
--------------------------------------------------------------
Having reviewed the above submission for condominiumization
and made a site inspection, the Engineering Department has
the following comments:
1. Please note that the block number in the written
application is incorrect and should be Block 61 as indicated
on the plat.
2. Prior to recordation, the plat should be revised
to include the following:
a. Surveyor's signature and seal.
b. owners signature.
C. All survey monuments found or set.
d. Locate and show all existing curb, gutter, and
sidewalks adjacent to the site in the Hyman Avenue and First
Street rights -of -way.
e. Indicate on -site parking spaces sufficient for
each unit (1 per bedroom).
f. All common elements such as decks, open areas,
trash, ctc.
g. Designate units "A" and "B" on plat.
r
ASPEN/PITKIN PLANNING OFFICE
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
r
63714 Detailed Review"
63715 Final Plat I
63716 Special Approval
63717 Specially Assigned
1 v !
City
00100 — 63721 09009 — 00000 Conceptual Application
63722 Preliminary Application
63723 -Pnal Application r ti
7
637-24— )=xemp ion
63725 `f 7 SU�(Rezoning
63726 Conditional Use
PLANNING OFFICE SALES
00100 — 63061 09009 — 00000 County Land Use Sales
63062 GMP Sales
63063 Almanac Sales
Copy Fees
Other
Atame: 1 _ l� li IP/ I If I �- Project:
Address: � � , � �
Check No. ' C I Date: '
„
Receipt No. P
K&F la 1134 1-80 MC-4.
OWNER'S CERTIFICATE
F�
M
IH[YMA ICY AVENUE
60•�3
A +I
V
1
20.0 j
°I o
ml
l
� I
,w-- G-5 t — 8.25 8145
la•2s I�.�4-s
h3 63
r-
2 SS 2.55 I
I
I
N I
/ I
I
I
Ni 255 / / / / 2•55 II�
TWO STORY FRAME DUPLEX /
w
0 0 / o
0 o i /, 0 c
o f
z
13
j / O #I
�I p
I � �
i
60�03
IY 11-- II W
ALLEY BLOCK Ell
ao
�ao0
LM
[M�11 as
I —
I
EAST ELEVATION
FIRST FLOOR R PLAN
NORTH ELEVATION
SECOND FLOOR PLAN
SOUTH ELEVATION
DENNIS V. ALBANO AND JEAN M. ALBANO AS OWNERS OF
LOTS A AND B , BLOCK GI , CITY AND TOWNSITE OF ASPEN,
PITKIN COUNTY, COLORADO, HEREBY CERTIFY THAT THIS
MAP OF THE ALBANO DUPLEX CONDOMINIUM HAS BEEN
PREPARED PURSUANT TO THE PURPOSES STATED IN THE
CONDOMINIUM DECLARATION FOR THE ALBANO DUPLEX
CONDOMINIUM MATED -_______-________-AND RECORDEDIN
BOOK ----------- AT PACE ---------- OF THE RECORDS OF
PITKIN COUNTY, COLORADO.
DENNIS V. ALI3AN0 JEAN M. ALi3AN0
STATE OF COLORADOI S.S.
COUNTY OF PITKIN
THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED
BEFORE ME THIS _ DAY OF 1982,
IBY DENNIS V. ALIBANO AND JEAN M. ALBANO.
WITNESS MY HAND AND OFFICIAL SEAL.
MY COMMISSION EXPIRES .
NOTARY PU%3LIC
SURVEYOR'S CERTIFICATE
I, JAMES F. RESER , A IREGISTERED LAND SURVEYOR, HEREBY
CERTIFY THAT THIS MAP (REPRESENTS AN ACTUAL FIELD
SURVEY PERFORMED UNDER MY DIRECTION AND SUPER-
VISION ON JANUARY 13TH, IJ82, OF LOTS A AND B, BLOCK
GI, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO,
AND THAT THE TWO STORY DUPLEX WAS FOUND TO BE LOCATED
ENTIRELY WITHIN THE BOUNDARY LINES OF THE SAID LOTS AS
SHOWN HEREON.
THE LOCATION AND DIMENSIONS OF THE BOUNDARY LINES, BUILDINGS,
IMPROVEMENTS, EASEMENTS, RIGHTS -OF -WAY IN EVIDENCE OR
KNOWN TO ME-, AND ENCROACHMENTS BY OR ON THESE PREMISES
ARE ACCURATELY SHOWN ON THIS MAP, AND THE MAP ACCURATELY
AND SUBSTANTIALLY DEPICTS THE LOCATION AND HORIZONTAL
AND VERTICAL MEASUREMENTS OF THE BUILDING, THE CONDO-
MINIUM UNITS THEREIN, THE UNIT DESIGNATION THEREOF UNDER
THE INSTRUCTIONS PROVIDED ME BY THE OWNER, THE
DIMENSIONS OF SAID UNITS AND THE ELEVATIONS OF THE
FLOORS AND CEILINGS.
JAMES F RESEl2
L.S. 9181►-
CITY OF ASPEN CONDOMINIUM APPROVAL
THIS CONDOMINIUM MAP OF THE ALSAN0 DUPLEX CONDO -
MINIUM WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THIS -------------- DAY
KATHRYN KO CH
CITY CLERK
HERMAN EDEL
MAYO R.
CITY ENGINEER'S CONDOMINIUM
APPROVAL
THIS CONDOMINIUM MAP OF THE ALBANO DUPLEX CONDO-
MINIUM WAS APPROVED BY THE CITY ENGINEER OF THE
CITY OF ASPEN, COLORADO, THIS ----------------- DAY OF
IJ82
---------------
CITY ENGINEER
PLANNING AND ZONING COMMISSION
CONDOMINIUM APPROVAL
THIS CONDOMINIUM MAP OF THE ALBANO DUPLEX CONDO-
MINIUM WAS APPROVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION THIS --------------- DAY OF
CHAIRMAN
CLERK AND RECORDER'S CERTIFICATE
THIS CONDOMINIUM MAP OF THE ALBANO DUPLEX CONDOMINIUM
WAS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK -
AND RECORDER OF THE COUNTY OF PITKIN, STATE OF
COLORADO, AT _.- O'CLOCK ------ M., THIS-.__________-DAYOF
- , 1982, AND WAS DULY FILED IN BOOK
AT 'PAGE - .. RECEPTION NO-_
PITKIN COUNTY CLERK
AND RECORDEt2
0 5 10 20 30 40 50
SCALE: I" = 10'
BASIS OF BEARING: FOUND CITY MONUMENTS , NW 9 NE CORNER , BLOCK 61.
PRELIMINARY
SUBJECT TO REVISION
NOTICE According to Coloradci ,., .,.,,..
based upon any defect in this survey wnlnn -- yl,;u
such defect In no event may any act,on hasl?d upon ,
".commenced more than ten years from the dale of I i, �.�•'I
hereon
Alpine Surveys
Post Office Box 1730
Aspen, Colorado 81611
303 925 2688
Surveyed JANUARY, 13TH. nee. Revisions
Drafted JANUARY, 2STH. 1982.
Title ALBANO DUPLEX CONDOMINIUM
Job No 8 2 - 9
Client ALBANO
K&B 19 1184 e-80 MC984.
OWNER'S CERTIFICATE
M
HYMAN AVENUE
S 750 09' 11" E
60.03
N B
O
4.0 0
I
ro! o
�
+6�5±—a I B•25 8�45
14 ZS 4- 4.5
.3 1.3
I 2 55 2.65
I I
I I
I
� I
I
I
i
r 1 2.55 I
N1 255 -
I /
TWO STORY FRAME DUPLEX
w
a 0
0 0 / q <
01
0
L_��/ /
-6_5i—TI II.4• 11.4
I' N 0 #I
� }I
nl 0
�I I-
-I I
I
I 1
J
L— — — — — —
60403
N ro utf II W
ALLEY ]BLOCK Ell
EAST C LE VATOON
FRST FLOOR PLAN
LJ
NORTH ELEVATOON
3
SECOND FLOOR PLAN
0
SOUTH E L EVATD N
C
DENNIS V. AL15ANO AND JEAN M. ALBANO AS OWNERS OF
LOTS A AND B , BLOCK GI , CITY AND TOWNSITE OF ASPEN,
PITKIN COUNTY, COLORADO, HERESSY CERTIFY THAT THIS
MAP OF THE ALBANO DUPLEX CONDOMINIUM HAS BEEN
PREPARED PURSUANT TO THE PURPOSES STATED IN THE
CONDOMINIUM DECLARATION FOR THE ALBANO DUPLEX
CONDOMINIUM DATED_____.AND RECORDED IN
BOOKAT PAGE ---------- OF THE RECORDS OF
PITKIN COUNTY, COLORADO.
DEA"Is N(. V. ALI3ANO JEAN M. AURA40
STATE OF COLORACOl S.S.
COUNTY OF PITKIN r
THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED
BEFORE ME THIS----- OF____________ 1982,
iSY DENNIS V. ALBANO AND JEAN M. ALBANO.
WITNESS MY HAND AND OFFICIAL SEAL.
MY COMMISSION EXPIRES .
NOTAR2Y PUBLIC
SURVEYOR'S CERTIFICATE
I, JAMES F. RESER , A REGISTERED LAND SURVEYOR, HERESY
CERTIFY THAT THIS MAP REPRESENTS AN ACTUAL FIELD
SURVEY PERFORMED UNDER MY DIRECTION AND SUPER-
VISION ON JANUARY ISTH, 1982, OF LOTS A AND B, BLOCK
GI, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO,
AND THAT THE TWO STORY DUPLEX WAS FOUND TO BE LOCATED
ENTIRELY WITHIN THE BOUNDARY LINES OF THE SAID LOTS AS
SHOWN HEREON,
THE LOCATION AND DIMENSIONS OF THE ISOUNDARY LINES, BUILDINGS,
IMPROVEMENTS, EASEMENTS, RIGHTS -OF -WAY IN EVIDENCE OR
KNOWN TO ME, AND ENCROACHMENTS BY OR ON THESE PREMISES
ARE. ACCURATELY SHOWN ON THIS MAP, AND THE MAP ACCURATELY
AND SUBSTANTIALLY DEPICTS THE LOCATION AND HORIZONTAL
AND VERTICAL MEASUREMENTS OF THE BUILDING, THE CONDO-
MINIUM UNITS THEREIN, THE UNIT DESIGNATION THEREOF UNDER
THE INSTRUCTIONS PROVIDED ME BY THE OWNER, THE
DIMENSIONS OF SAID UNITS AND THE ELEVATIONS OF THE
FLOORS AND CEILINGS.
JAMES F. RESER
L.S. OIB4-
CITY OF ASPEN CONDOMINIUM APPROVAL
THIS CONDOMINIUM MAP OF THE ALBANO DUPLEX CONDO -
MIWUM WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THIS_____________ CLAY OF__1582.
-------------------
KATHRYN KO CH
CITY CLERK
RE IRVAN EVE
MAY() R,
CITY ENGINEER'S CONDOMINIUM
APPROVAL
THIS CONDOMINIUM MAP OF THE ALBANO DUPLEX CONDO-
MINIUM WAS APPROVED BY THE CITY ENGINEER OF THE
CITY OF ASPEN, COLORADO, THIS. DAY OF
- , 1962 .
----------------
CITY ENGINEER
PLANNING AND ZONING COMMISSION
CONDOMINIUM APPROVAL
THIS CONDOMINIUM MAP OF THE ALBANO DUPLEX CONDO-
MINIUM WAS APPROVED BY THE CITY OF ASPEN PLANNING
AND ZONING COMMISSION THIS -------------- DAY OF
CHAIRMAN
CLERK AND RECORDER'S CERTIFICATE
THIS CONDOMINIUM MAP OF THE ALBANO DUPLEX CONDOMINIUM
WAS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK
AND RECORDER- OF THE COUNTY OF PITKIN, STATE OF
COLORADO, AT_-___O'CLOCK,____.M., THIS-_----_-_- -DAYOF
1981
AND WAS DULY FILED IN BOOK
AT PAGE_________. RECEPTION
PITKIN COUNTY akRK
AND RECORPER-
0 5 10 20 30 40 50
SCALE: I" = 10'
BASIS OF BEARING FOUND CITY MONUMENTS , NW 9 NE CORNER , BLOCK 61.
PRELIMINARY
SUBJECT TO REVISION
40TICE Accord,nq to Colorado law,
Lased uoon any defect n th,s r
such defect In no event may any action based upon any defect ,n this survey
he commenced more than ten years from the date of the cerLhcabon shown
hereon
s-%1NIN Ta_ vul rvy.7
Post Office Box 1730
Aspen, Colorado 81611
303 925 2688
aurveyea JANUARY, 13TH. 1982. Revisions
Drafted JANUARY, 25TH. 1882.
Title ALBANO DUPLEX CONDOMINIUM
Job No 82 - 9
Client ALBANO