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HomeMy WebLinkAboutcoa.lu.su.Redwood Condos liJij", 1"""0, ~. ,Regular Meeting Aspen City Council.._._____ December 23, 1974 . _..___._ .~'..__.,_._.._~.,.__...____,._,._~_._n_".._.__..________~__.._._~__~__...' ,. _.,.__.,... ". -_ ..-". .n._ DAY CARE CENTER PROPOSAL City Manager Mahoney reported that the Day Care Center people were not ready to proceed. Councilwoman Pedersen moved for a 'postponement to another Council meeting; seconded by Councilman Walls. All in favor, motion carri~d. Aspen Alps , Subdivision, Exemption ASPEN ALPS SUBDIVISION EXEMPTION Ii I, .; I. Ii. , V Yank Mojo' of th~ Planning Department presented. this exemption to 'Council. The land is II located right along Little Nell above the 8040 line. On 12/17/74 the P & Z recommended I! approval from subd~vision with the conditions (1) no development will occur on the .tract, II (2) no unit density will be transferred to a lower piece of ground; in effect this will ;: be a buffer zone to prevent it from being closed off, (3) the area will remain open for 'I skiing. II Mojo told the Council the Planning Office and the 11 Mojo 'said the Alps just want to acquire the land; I: n P & Z supported the exemption application. it will always be open. . Attorney Leonard Oates said they could incorporate the deed restrictions as covenants running with the land. Councilwoman Pedersen made a motion to approve the sUbdivi&onexemption; seconded by Councilman Walls. All in favor, motion carried. REDWOOD CONDOMINIUM SUBDIVISION APPROVAL ,J Attorney Dwight Shellman presented the subdivision to Council. He said Redwood was an existing apartme~thouseto be subdivided into five units for purchase by local residents. He also 'mentioned that the Planning Office had been able to work out every problem to satisfaction. The only decision left, does the Council wish to accept 4 per ~entcash or 4 per cent land dedication. The owners wished to go with the 4 per cent cash because the land de~ication would result in a loss of privacy. Yank Mojo, of the planning Department, pointed out the Redwoods, had given a 12 foot ease- ment along the bank of the Roaring Fork to be put into the trail system along the river. Redwood had also given a 4Qfoot right-of-way of the easterly section of the, property until the Riverside Avenue situation could be cleared up. Redwood had also given a temporary 10 foot easement on the north boundary of the property to be used as temporary access to the trail easement until it could be connected to the trail system. City Attorney Stuller pointed out some items were missing from'the agreement, suCh as the street easement, the rental restrictions against short-term, and trail easement. These will all be rectified. The P & Z Commission approved both p~eliminary and final subdivision plans. Councilwoman Markalunas moved to accept the subdivision plan with the 4 per cent cash dedication and to authorize City-Attorney Stuller to execute the subdivision exemption; 'I seconded by Councilwoman Pedersen. All in 'favor, motion carried. Elbert Tacker Mayor's Deed MAYOR'S DEED - Eb Tacker's property. Leonard Oates, representing Eb Tacker, explained to Council the need for a Mayor' s deed. The original survey had been made in error.. Tacker's wish to bring the description from the center of Neal street back to the side of Neal street and give the City $ufficient property for a right-af-way and road alignment and not interfere with the Tacker's previously built improvements. The Tackers 'are willing to give a perpetual easement of 20 feet on the west boundary to fit in with the trail policy of the City of Aspen,. The difference between the new description and the previous conveyance is the boundary between the T.~,-::ker prc;~'cr:ty a.nd Herron Park. ~his property has been utilized by the Tackcr::;~n accordance '.'~;:'~ theoriqinal understanding but' h.:l.S been finished by the City of Aspen. Tackers. are rt2~iuestiD(J t.h0 Ci ty accept a reconveyance as the pro"pertywa.:, originally convcyC'd in term:,: of a new May-uris deed. Councilman Ore.'lsted asked Dave Ellis, the City Engineer, if he had made an examination of all the problems in the area. Ellis said the engineering department had. There was nothing that caused them to question the proposal; in fact; it cleared up three'dis- crepancies in that area. councilman Behrendt moved to authorize Mayor Standley to execute the Mayor's deed; seconded by Councilwoman Markalunas. All in favor, motion carried. Att,orncy Oates brought up one minor request. The frunt yard setback is inadequate. Oates stated they w'ould like to ask Counei] for an ordinanc\~ .declaring th.1.t under the circum'- stances, the '["1ck(~rresid,:'nc,~ is not " non-conforminq. ~;;tructure. Council,man Ih'llt"cndt qu,;:',st i.ofl..d th i,~~ . 0<'1 tcs '..J. ted theywou Id 1 ike it ,on r(~cord to protect them in. the f'uture from Wh~ltC.\'(' ..p~; '\,lPF-",'n. i.lJ.tcs s<J.id the building i:; a conforming structure until they pull the west :_n<J,.' feet over. City Attorney :;tullcr pointed out the many practical problems in this type of situation. Every time ;] permit i,S:;UI'S for a non-conforminlj .sti:ucturc, the Board of I\d iu,;tmv~1t must rcvieH. it. i'-tclYOt' t;l,indlcy ~';ilidthe City ,m.:~dc a mistJke; the house w.:!s built andWdS existing as a cont:onning ~,t.ructurQ. ';occial Review, cont' d .'.tion -"'NDITIONAL USE: .ip 'N' Kurl Motion SUBDIVISION: ~edwood Condominiums pinal _.,~-_.::;:::=--==--- ...."~..,. Motion Notion .~EMPTION-sunDIVISION sagewood Condominiums ~, P & Z mi~s 12-17-7'4 Barnard' moved to grant the remodeling of the house on the condition that they provide 4 off-street parking places. Landry seconded. All in favor, motion carried. Public hearing was opened by the Chairman. Mojo stated that this was a request for a day-care center on RG land. He said that they had complied with Sec. 2-22 and the fees had been paid. Applicant Mary Gustafson said that they would be securing the fence that surrounds the house so that there would be no children running out onto the Highway. Mojo said that they were giving the vacant lane east of the property to be used as outdoor area for the children and Planning Office thought this a good use for the area. A letter from Marion Stewart was read into. the minutes ,in favor of the use and Mary Johnston, representing the property owner, said that this use woulc' be meeting the needs of the community. Public hearing was closed. Collins moved to grant the conditional use of a day-care center for the Klip 'N' Kurl.Barnard seconded. All in favor, motion carried. Attorney Jon Mulford, representing applicants, said that he had agreed to all the Planning Office's considerations, Mojo enumerated those conditions: Dedication of the roac. easement and trail easement, the City would like to have the easement granted instead of a dedication; that there c< clause in the Subdivision Agreement to, if they get the problems with Riverside Avenue straightened out at a later date, dedicate the road to the City who will then take responsibility for upkeep of the road; the 4% dedication of the Subdivision should be left up to Council vlhether it will be in land or cash; A Covenant in the Subdivision Agreement against multiple short-term rentals; Sidewalks included in improvements districts numerated in the Subdivision Agreement; Like a word added in paragraph 2 of the Subdivision Agreement, 3 lines from the bottom, "will pay), of actual costs of any such improvements abutting or \vithin the tract described". Schiffer thought that they should rescind the Exemption granted last week and Barnard moved to Rescind the Exemption from Subdivision and Collins seconded. All in favor, motion carried. Mulford noted that the Engineer had taken all the names off the plat except for Kastelic. He also wanted to know the difference between grant and dedication and Mojo explained that dedication meant giving the land for fee simple and maintenance would be the City's concern. Mulford asked if it \....ould be allright to have the Subdivi.. sion Agreement contain the provision that the owners will dedicate the land when possible and that was agreeilble with members. Schiffer asked if all the perequisites had been satisfied and Mojo said that he and Dave Ellis had worked everything out to their satisfcation. Landry moved to give final plat approval to the Redwood Condominiums subject to the conditions previously specifie, by the Planning Office and Collins seconded. All in favor motion carried. Located next to Dorothy Rutherford and across from the Villas of Aspen, Sagewood had already received exemption conditional upon the alley being paved with asphillt and applicant wanted to change that condition to allow for chip 'n' seal instcild. City Engineer Ellis said that all the concH tions had been complied with and th(~re was still money in escrow to cover this. -2- .,-"'~- , ~,. .' ,...., OF (;.O,t_CFL.V"i(! ;',<::i! Mr. Jon K. Mu I ford Dwight Shellman & Associates Aspen, Colorado December 16, 1974 Re: opinion of market value Redwoods Subdivision (land only) Dear Jon: Regarding your request for my opinion of market value of the land of the Redwoods Subdivision, I have researched the fol lowing: The subject property contai ns .658 acres with approximately 33% being within the streamline of the Roaring Fork River. The existing use of the property is a 5 unit apartment (1 bedroom) building, although this use is non-conforming to present zoning which is R-15. The property slopes to the south and west and is sparcely covered with Aspen trees. I bell eve that a determi nati on of the I and va I ue of the subject prop- erty is best determined by either a land residual or market value ap- prai sa I approach. Under the former, the improvement va I ue may be est- imated at $101,400.00 by: $35/sf replacement cost $20/sf repl acement cost x x ( 5 apartments @ 520sf/apt.) = 520sf of unfinished common = Improvement cost replacement = $91,000 10 ,400 101,400 Land residual = $115,000 - $101,400 = $13,600 indicated land value l)ti Ii zi ng the market approach, one good comparab Ie sa Ie was recorded 8/8/73 in the conveyance of 3.212 acres between Riverside Placer lots 8 and 9 and the Roaring Fork River. Grantors were Popish, Condon. Vedic, and Loushin and the grantees were Jack and Jane Van Horn. Since a survey of th i s comparab lei s not at my d i sposa I, I do not know the extent to which the river renders this property unusable. Consideration was $57,500. Assuming equal river encroachment for both comparable and subject prop- erties, however the value indicated for the subject property is: $11,779 = $57;500/ 3.212 acres = $17,901.62 per acre $17,901.62 per acre x .658 acres = $11,779.22. indicated land value It is imperative that the land value be estimated on the basis of a sin- gle-fami Iy dwel ling being the highest and best use for the site. Any other analysis would be incompatible with current zoning and disregard- i;QX3D,;,.? ,'/\)~,F>,!,'..p;..,!>,z;" 3C3i'n5.25\O ,:"'S?::\i, COLORADO 8,i;~: so:, 2:'..' !HE DSPGT 80:< .'!'F', ":"2 PI"...", .';;,.:S'O 303i'32'5.2f<n f;;F!,.,,-, ':::Oc.O"A00 ::;~().;:,~: ::;1):;8:27.,;;::,,\ B/..S,\lT, SOL08.AC',~ 3;f;2! Colorado West's only computerized .property selection . , I,4l " ("< ,....." (J~D h,;;, \". ;:;~T::;'(~ ;"/: ~~'C " ':-'.1(:::.:.:' ~ ',,;.-.,., Page 2 ing the non-conforming use status of the current structure on the prop- erty. One mitigating factor to the value indication given by the market app- roach is the possible non-linearity of price wi.th respect to acreage. This factor could imply an increased value indication. On the basis of the above valuation, the market value is approximately: t, $15,000.00 ---------- ---------- Very tru Iy yours, i~~::fjZL- Brian L. Goodheim Broker * This is not a fee appraisal as there has been no consideration for the above service. sox 30...7 ,.'iJ..2.'\ ',',] TH!~ .~'i:;?~"-" f:UZ: -';,;~,H2 '"";,_,, '~":::'.J:;:: :_~'-) >: 3:)::~:nJ~,';11 'J:'_1.',J2C ;?SG2 ASP;::;., COV:JR.\C<' ;~~,:;1; P;,.,\S,.l.~ ,', CC~.'>; -..0 s:sr ,1Ii''-.;;;,. f,:C:...CRAC.C '~,~,3{) C,.,' ,';',.,;.,,>'; Colorado West's only computerized property selection HEMORANDUM TO: Dave Ellis.../"".,^ Yank Mojo DATE: December 12, 1974 From: Sandra Stuller Re: Redwood Condominiums Attached is the proposed subdivision agreement for Redwood CondominiUms. I understand JOn will be before the P & Z on Tuesday, and Council on Monday the 23rd. Please let me know relatively quickly, if you have any opinion. Note: Why is there no commitment to join a sidewai~ improvement district? SS!pk Attachment . 1"". /""'>. SUEDIVISlcm PLAT Cl.-r;;-rv 'I;'O~.<~I'l' .:.":":'~.v_'\. _ , Date./J-/s' -771' Gentle.!llerr: According to the proccch.li:'c set forth irr the City of Aspcm Subdivision Resul~tions> any tr~ct of land divided into t'\.ro or nlore lots nust be "divided in eccorde.nce "lith s8.id Subdivision Reg~lationfor the City of Aspen. This forro. ,.;ith attached copy of the plat is provided so that each utility compzo.ny may inspect the plat and the site) making C022~nts) concerning theplacerez:'lt: of case_ ments) etc.) end \.;here necessary sketching recorrm:ended alterations on a cop~ of the plat. This form and the acc02panying copy of the plat must he ' returned to the City of Aspen Plenning end Zoning C02- mission no la~er than seven (7) days from the above date. Remarks: ~0(J . (~~~ .' . . We acknowledge receipt of the preliminary Plat of Redwood Condominiums. This property is prese~tly within our service aprea, and the approval of a condominium for 'the existing five-unit apartment house will in no way affect existing or roposed service which we provide: Dated this IS- day of By -::-.. . . /""""<, """ , , SUBDIVISIG::{ I'LliT CEECI( F031i Dat;II.~JS' JL( Gentlen:en: According to the procedure ~ct forth in the City of Aspen Subdj.vi~ion Regulations> any tn,.ct of la',1.d divided into two ,.or more lots must be 'divided in accordance ~'lith said Subdivision Regulation for the City of Aspen. . . . mho.c . h h' . r, l' ., d 1 ~s ,,-orm, ,.nt :?ttac eu copy or tne p_at ),S provloe so that each utility company mo.y insj)8ct the plat and the site, making co~:;nts" ccncei:-ning the placerr:.2:lt of case- ments, etc _, and "\,;he:ce ne.ccsr.ary sketching reCOt.:J.:.:ended alterations on a cop~ of the plat. This form and the accom~anying copy of the plat must he returned to the City of Aspen Plcnning and Zoning Com- mission no later than seven (7) days from the above date. Remarks: . . ~. ~~ ~~~..~.~ " . . We acknowledge, receipt of the preliminary Plat of Redwood Condominiums. This property is prese~tly within our service aprea, and the approval of a condominium for 'the existing five-unit apartment house will in. no way affect existing or proposed service which,we provide." Dated this /J day of By ~ oT6 ~ 'AUGSS Ta Ow~~f.S W/l-L blVG PROfeltrY .' LY/Nt; lfi> FOOl (ZoAI) 'Tn S6U1fl -:--. . ~ ,,,,,,,, SUBDIVISIOi1 PL!-iT C}2CI~ FO?J.j' Dat; /1- /g~7..j. Gentlemen: According to the proccch.1Tc set forth in the City of Aspen Subdivision R8gul~tions> any tr2ct of land divided into t\'lO orn10re lots must be "divided in eccordence \'lith se.id Subdivision Regul~tion for the City o~ ~spcn. . . This form, with 2ttached copy of the plat is provided so tl .. 1 . ., . 1 ?. 'lat eacn utl_lty cOillp~ny mny lllspect tile p at an~ tile site, mal~ing cOJ:':i::;nts, concerning the placeR2:ll:of caSG_ 1l1ents, etc., and \,;her~ neCGssary sl'::Gtching recQIT:n1ende.d alterations on a cop~ of the plat. Thi.s form and the accoEl;nmying copy of the plat must he returned to the City of Aspen Planning and Zoning COEl- mission no later than seven (7) days from the above date. Remarks: _iJ~ . ~~~ ..tul!a1,~-G:,/~ ;A( ~f' "ahu-. . . .--------- . . We acknowledge receipt of the preliminary Plat of Redwood Condominiums. This property .is prese'!tly within our service aprea, and the approval of a condominium for 'the existing five-unit apartment house will in no way affect existing or proposed service which we provide: Dated this I g day of -AI~. , 1974. .. j!;/t{::;J~. , I ...:-.- . , ,-" .,....., SUEDIVISICm PLAT CEECl~ FWli Dat~ II /; t/llf . Gentle.mzn: According to th~ proccch.1Tc set forth in the City of. Aspen Subdivision Re.8ul~tioDs> any tr~ct. of land divided into tvlO or nlore lots must be "divided in eccord2nce 'with s~id Subdivision Regulation for the City o~ .~sp2n. This form, .'lith ettechec1 copy of the plat is provided so 1 ,. 1 . . . 1" 1 r!' t lat eacn utl_:l.ty comp<.:ny mo.y :l.l1Sp2ct tn2 p at anu tne S1.. ~e m~".;n" co~~n~s ccn~~'-~"n~ ~'.,,, pla'c~~"n- oJ:: c~ <'~ l.. , . c.;.h.J..l. '-=>. ~~:..;.!..-;.. '" l.) .....-.,;.L1.r.Lt 6. l.Lc. . G c;u__.. '- .!..,. clu<'::- ments) etc.) end \"lhere ne.c(3s~ary sketchi:i.'1g recoffillle.nc1ed alterations on a cop;,: of the plat. .. This fOl1m and the accom~anying copy of the plat must be ' returned to the City of Aspen Plcl1uing and Zoning Com- mission no later than seven (7) days from the above date. ,Remarks: "~."~ .' . . We acknowledge receipt of the preliminary Plat of Redwood Condominiums. This property is prese~tly within our service aprea, and the approval of a condominium for 'the existing five-unit apartment house will in no way affect existing or proposed service which we provide: Dated thisf~ . day of ~ , 1974. .BY~. ...... 0..\s~ ~.-.....~ -,:"-. . I"'" f"""\ SUBDIVISIW PLAT C::ECI~ F01ri , Date Gentlemen: According to the procedure set forth in the City of Aspen Subdivision Re8ul~tions. any tr~ct of land divided into t;;.;ro or nlore lots must ba -divided in 2ccorc12nce ~'lith said Subdivision Regulation for the City o~Aspen. This form, "lith attached copy of the plat is provided so that each utility company may inspect the plat and the site) making c02!i!~nts; concerIl:Lng the plc:icere2~t: of eaSG_ ments) etc_., and "\.;here necc88ary ske.tching recorrrrr:ended alterations on a cop~ of the plat. .. This form and the accompanying copy of the plat must be returned to the City of Aspen Planning end Zoning C02- mission no la~er than seven (7) deys from the above date. Remarks: -. . . " At.I:!-~ c (t/d.. .44-.. ~_.~ ~ ~ ~ cJ S~'::.:;>--' . ,\j . . ,. v . . We acknowledge, receipt of .the preliminary Plat of Redwood Condominiums. This property is prese~tly within our service aprea, and the approval of a condominium for 'the existing five-unit. apartment house will in no way affect existing or proposed service which we provide: Dated this'/, -i,.-()ay of V-W , 1974. By . ;<;i1 --:--. ~ 1""'\ . > SUBDIVISIOi:,{ PLAT CEE:CI( FO;:J.f , Date Gentlemen: According to the procedure set forth in the City of Aspen Subdivision Regul~tions, any tract of land divided into two or more J.ots must be 'divided in c:ccordence ~'7ith ss.id Subdivision Regulc:tion for the City of f.spen. . . This form, '-lith atteched copy of the plat is provided so that each utility company may inspect the plat and the site, making co~znts, concerning theplacerr:.znt of ease_ ments, etc.) e.nd '\.;here neccsBary sketching reco"i.Im:endecl alterations on a cop~ of the plat. This fOlln and the accoTIl?anying copy of the plat must be returned to the City of Aspen Planning and Zoning Com- \ mission no later than seven (7) days from the above date. Remarks: . . t-\.1O 0% ~\Yf~ tL~\. Y ~_'F'=' ~ .-r- s..c'__\.-)-DoL \),<,.~~.L__ . . We acknowledge receipt of the preliminary Plat. of Redwood Condominiums. This property is pres6'1.t1y within our service aprea,.al'ldthe approval of a condominium for 'the existing five-unit apartment. house will in no way affect existing or proposed servicewhichweprovide'- Dated this . J S-' day of ~-l , 1974. ,~.. " '" \1"""1 h NOV 1,5 1974 r LEGAL NOTICE Notice is hereby given of a public hearing to be held by the Aspen Planning & Zoning Commission on November 19., 1974, 4: 00 p.m., City Council Chambers, to consider the Redwood Subdivision, more particularly described as follows: A tract of land being part of property described in Book 281 at page 163 pitkin County records in Riverside Placer MS 3905 AM and tract B of East Aspen Addition as shown on Bureau of Land Management plat approved May 21, 1957, described as follows: . Beginning at a point being 83.58 feet S 00014'Won line 6-7 Riverside Placer MS 3905 AM from corner 6 Riverside Placer; thence on a curve to the right with a radius of 793.53 feet a distance of B2.00 feet to the East bank of the Roaring FOrk River (chord bears S 81 24'20"W 81.96 feet); thence N OSoll'30"W 7.29 feet along the east bank of the Roaring Fork River; thence on a curve to the right with a radius of 794.02 feet a distance of 17.44 feet (chord bears S85025'30"W17.43 feet); thence South 66.31 feet to the Northerly line of abandoned RR right of way; thence S75055'\\' 76.63 feet to the West bank of the Roaring Fork River; thence S19046' E 55.53 feet along the West bank of the Roaring Fork River to the Southerly line of abandoned RR right of. way; thence N76ol0'E 158.74 feet along the Southerly line of abandoned RR right of way; thence N 00014'E 5.15 feet along the Southerly line of abandoned RR right of way; thence N760l0'E 62.94 feet along the Southerly line of abandoned RR right of way; thence on a curve to the left with a radius of 920.25 feet a distance of 80.46 feet along Southerly line of abandoned RR right of way (chord bears N73040'E 80.44 feet); thence N 00014'E 104.53 feet; thence along a curve to the right with a radius of 793.53 feet a distance of 144.64 feet (chord bears S730l3'20"W 144.48 feet) to the point of beginning, containing 0.658 acres more or less. Subject to a 30 foot access and utility easement on the Easterly 30 feet of above described property. /s/ Lorraine Graves City Clerk Published in the Aspen Times November 7, 1974 t,ion i '0tion Brinkman Duplex (' L,:) t.ion "~c'\~ood Condominiums I . .,:ion tion , r-,";od~/9t1 ~ .~., surveyors found several discrepancies. Barnard moved that the Benedict exemption be granted on the grounds that they are not within the intents and purposes of subdivision. Johnson seconded. All in favor, motion carried. ~laddalones, located next to the Benedicts, were also in need of an exemption to correct the deed. Johnson moved that the Maddalone exemption be granted on 'the grounds that they are without the purpose of the definition of subdivision. Jenkins seconded. All in favor~ motion carried. Request was made to condominimize an existing duplex on Lot 1, Block 23, West Aspen Subidivision. Mojo felt that it should be exempt from the definition of subdivision because of platted lots and blocks. Barnard mov~d to grant an exemption from subidivision and Jenkins seconded. All in favor, motion carried. Attorney Jon Mulford represented the Redwood Condominiums and Anthony Castellack who "lould like to be exempted from.Subdivision regulations because the building has existed for years and has utility and water hookups. The~c would be two potential owners, John Prosser and Dwight Shellman, who would use it for employee housing. Barnard questioned whether it was on platted lots and blocks and ~1r. t1ulford explained that the portion Castellack m'IDS he purchased from the Railroad years ago. Barnard stated tha the law was clear that if it is not on lots and bloc}:s" then it comes under Subdivision. Mulford argued that the definition refers to concerns over access and utilities and they have.taken care of both of those problems. Mojo said that the Planning Office didn't really understand ,about the access of the road. Johnson asked if there was an easement to the road and Mulford said that there "lasn I t one. '",'.. Mojo said that the Planning Office couldn't recommend approval since it is without the intents and purposes of Subdivision and Stanford said that the purpose of those regulations is to mqke. sure any devlopment that happens happens according to certain standards. . Schiffer suggested tabling the actioh until the road ease- ment problem is worked out with the Planning Office. Barnard moved to table the motion until the Planning Office has a chance to research the road access problem. Jenkins seconded. All in favor, motion carried. Barnard moved that they have a study session problems for after the next regula!.' meeting. seconded. All in favor, motion carried. on the parking Johnson ' StnnCord said that anothel: subject the Commission should discuss would be the hOllsing problem. ,lcnkins moved to adjourn ,land Johnson. seconded. . All in Lwor, meeting adjourned at 5:30 p.m. ,../ I /' \,/; r ,t" .." I. --~_.... -._....~. Deputy City Clerk . IlL -4.. "I'. '!It .\;; ~J f" ~ DENVER OFFICE: j,: WESTERN FEDERAL SAVrNaS BUrLD!~G _' 718. 17th STREET DENVER. COLORADO 80202 (303) 266.3373 .. LAW OFFICES DWIGHT K. SHELLMAN, JR, AND ASSOCIATES A PROFESSIONAL COR""ORATION THE WHEELER OPERA HOUSE, P.O. BOX G'3 ASPEN, COLORADO 81611 (303) 925.2710 November 14, 1974 Ms. Sandra Stuller City l\.ttorney P.O. Box V l\.spen, Colorado 81611 ~1r . David Ellis City Engineer P. O. Box V l\.spen, Colorado 8161/ Mr. Yank ll!ojo City Planner P. O. Box V Aspen, Colorado 81611 RE: Redwood Condominiums Gentlemen and Sandy: I enclose a draft of a Subdivision Agreement covering the items which I discussed with Dave and Yank on Wednesday, November 13, 1974. Please review this document together and advise me if it will suffice. I am going ahead with arrangements for an additional access easement from Mr. and Mrs. Wi11ia~ Anderson, who own the property to the north of the'Redwood Condominiums, for a wider access off Riverside Drive to the Redwood property. It is my understanding with Dave that the City .is not particularly interested in a dedication of this access, and that all is required is an easement for the use of owners of the Redwood property and their invitees. It is my understanding that minor technical requirements found in Sec-tion 20-7 of the Municipal Code will be waived. These items are as follows: \ ,. :;;; ,- , ,""'" !~ , , . Ms. Sandra Stuller Mr. David Ellis Mr. Yank Mojo November 14, 1974 Page 2. 1. Except a 40 foot street and utility easement rather than 60 feet; 2. Deadend street may exceed 400 feet in length; 3. No curb, gutter, or sidewalk is presently needed; 4. Side lot lines of the tract will not be at an angle of 900 to the street; S. Utility easements will not be required on side lot lines; 6. Electric utilities need not be buried at the present time. In view of the open space and greenway easement along the river, I assume the City will not require the payment equal to 4% of the land value. I have previously sent a list of the adjoining owners to Yank for the mailing of hearing notices. The County Assessor provided me with this list of names, but some question has now corne up as to whether or not a Condominium complex across the river also adjoins the property. The Assessor's office did not think that was the case; but if it is, apparently we will have a,defect in the notice requirement. I await your further advices. Sincer ~31K. DWIGHT K. SHELLMAN, JR. AND ASSOCIATES, P.C. JKM:rld Enc. cc: Lennie Oates "....., l~ DENVER OFFICE: WESTERN FEDERAL SAVINGS BUILDING ...< 718. 17th STREET DENVER, COL-ORADO 80202 (303) 266-3373 LAW o.FFICES DWIGHT K. SHELLMAN, JR, AND ASSo.CIATES A PROFESSIONAL CORPORATION THE WHEELER o.PERA HaUSE, P.o. Bo.X G'3 ASPEN, Co.LORADo. 8]611 (303) 925-2710 November 13, 1974 City Planning Departme;nt City of Aspen P. O. Box V Aspen, Colorado 81611 RE: Redwood Condominiums Gentlemen: The fOllowing are the names of property owners adjoining the Redwood Condominiums, according to the records of the County Assessor: Jane Elizabeth Poschman, Box 2046, Aspen, Colorado Fonda Deline Paterson, Box 253, Aspen, C910rado Anthony and Nora Ka~telic, Box 512, Aspen, Colorado Edgar and Helen Richard, 737 Gordon Terrace, Chicago, Illinois Louis J. and Edward Gregorich, Box 142, Aspen, Colorado Bette J. Kallstrom, Box 2094, Aspen, Colorado Dorothy Kelleher, Box I, Aspen, Colorado William and Hildur Anderson, Box 554, Aspen, Colorado J GHT K. SHELL~~, JR. AN!) ASSOCIATES, P.C. JKM:rld Enc. .. ,.' . ~ ,~ MEMORANDUM TO: YANK MOJO, PLANNING OFFICE FROM: SANDRA M. STULLER DATE: NOVEMBER 8, 1974 RE: REDWOOD SUBDIVISION Yank I have been unable to locate the memo I did earlier on the question of whether a reviewing agency can grant subdivision approval without compliance with the zoning ordinances in effect. Consequently, I am submitting (for your file) just an off-the-cuff review of some of the authorities readily available that support the duty to deny in the even there is a variance between the plat as submitted and the zoning code: 1. While the zoning power and authority to review plats are separate, it seems clear that plats should not be approved which violate existing zoning regulations, Anderson, American Law of Zoning, ~19.21. .- 2. A Rhode Island Court has approved a refusal to approve a plat which would have created substandard lots, Slawson v Zoning Board, 217 A2d 92 (1966 R.I.). 3. An Illinois Court has held the plat-approving authority does not possess the power to grant variances or exceptions from the zoning restriction, Bluett v Cook County, 19 III App 2d 172 NE2d 305 (1958) 4. In Massachusetts, the Court sustained a dis- approval On the basis of the failure to comply with a zoning ordinance which had not yet taken effect, DOlinger v Planning Board, 343 Mass 1, 175 NE2d 219 (1961). ,. ~, r-, .. Memorandum to Yank Mojo November 8, 1974 Page Two s. An Illinois Court declined to issue a writ of mandamus which would have required approval of a plat which violated existing zoning regula- tions, People v Park Ridge, 25 III App 2nd 424. 6. A state administrative officer has ruled in New York that in approving a plat, a planning board is not authorized to waiving zoning restrictions, 1959 N.Y. Ops. st. Compt. p. 96. 7. In McEnroe v Planning Board, 61 Misc. 2nd 937, 307 NYS 2d 302 (1969) the Court held that absent statutory authority to waive area restrictions of a zoning ordinance, a planning board is without authority to approve a plat for subdivision where most of the lots are substandard. It is inadequate justification for such approval to demonstrate that the subdivider relied upon a more permissive ordinance when he acquired the land and that he will suffer some economic loss if the plan is disapproved. 8. A landowner who caused to be recorded a plat which he presumably knew did not conform to the effective zoning restrictions acquired no vested right to develop the parcel in question, Union Trust Co v Williamson County Board of Appeals, 500 SW 2d 608 (Tenn 1973) 9. A planning board is justified in declining to approve a plat which includes lots with substandard frontage, Weinstein v Planning Board, 290 NYS 2d 922,238 NE2d 825 (1968); Board of County Commiss- ioners v Soto, 259 So 2nd 196 (1972 Fla). 10. Approval of a subdivision plat may be withheld for failure of the developer to comply with the zoning ordinances, Diamond v Specter, 332 NYS 2d 990 (1972). 11. Where there is an absolute statutory prohibition on all developments not conforming to the zoning regulations, the planning commission may not, as a matter of law, allow the development, Wright v Presault, 306 A2nd 673 (Vt. 1973). As you can see the general principle is pretty well established that compliance with the zoning code is necessary. However, the applicant may well argue that (1) there is conformity . r, ;~\ . Memorandum to Yank Mojo November 8, 1974 Page Three because the structure is a non-conforming use or (2) the policy of the above cases does not apply to condominiumization and (3) the objectives and purposes of subdivision regulation are not defeated by this approval. These arguments should be made and supported by the applicant (I refuse to do Mulford's homework) but let me note just one precedent of record: The subdivision authority of the planning board was held, in Beers v Board of Adjustment of Wayne Township, 183 A2d 130 (N.Y. 1962), not to extend tbprevent the owner of five dwellings (which were in a single tract and which constituted valid non-conforming uses under the zoning ordinance) from making separate conveyances to the tenant-vendees of such dwellings with suitable surrounding land area, although such land area did not comply with the minimum residential lot size and frontage' requirements of the zoning ordinance~The Court relied both upon the fact that the tract was, and prior to the subdivision'act had been, fully improved, and that denial of thesubdivison could not practically or legally prevent the continued use of the structures for dwelling purposes, or obviously could not affect salutary control over undesirable future development of the property so long as the existing buildings stood. It also held that if the sub- division act were to be given effect in this situation it would impair the statutory immunity of the non-conforming use of the property in question. Followed in Mac Lean v Planning Board of Township of Brick, (N.J. Super. App. Div. 1967),228 A2d 85. SMS:ksh "'~'. ....-..:" "'" 1""", ..~ APPLICATION FOR EXE~~TIO~ OF A DIVISION OF LAND FROM THE DEFINITION OF A SUBDIVISION PURSUANT TO SECTION 20-10 OF THE ASPEN MUNICIPAL CODE TO: CITY OF ASPEN PLANNING COMMISSION FROM: ANTHONY KASTELIC, NORA KASTELIC, ANN HOFFMAN, BONITA MERTES,' JOAN LEATHERBURY, DWIGHT K. SHELLMAN, JR. AND' JOHN H. PROSSER, JR., as the Owners and Contract Purchasers of that property to be known as "RedwoOd Condominiums". The applicants are the owners and prospective purchasers of the Redwood Apartments, also known as the Redwood Condominiums, in the City of Aspen. The legal description and preliminary plat of a proposed division into condominium units is attached to and submitted with this application for exemption. The applicants submit this written application for exemption pursuant to Section 20-1.0 of the Aspen Municipal Code on the Following Grounds: 1. The land being divided into condominium interests has, prior to the effective date of Section 20-10, as amended in 1973, been platted into lots and blocks by plat recorded in the office of the Pitkin County Clerk and Recorder. The subject,property was originally platted as part of the Riverside Addition to Aspen, as shown on the willits Map recorded in the office of the Pitkin County Clerk and Recorder, although the present descrip- tion substantially follows portions of a railroad right of way subsequently established across portions of Riverside Addition. 2. The platted land substantially fulfills all the pertinent design requirements contained in Section 20-7 of the Municipal Code, in that the land is presently served bya pUblic street established by prescriptive use and substantially shown on the Willits Map; the property is Served by public water and sewer; the lot size exceeds the minimum requirements; the property fronts on a public street; appropriate monuments have been set by a registered land surveyor; the applicants will dedicate access and trail easements on the easterly 40 feet of the subject property; and adequate drainage for storm water 'exists. . 3. Applicants'further state that an exemption for the particular division of land from the definition of a subdivision set forth in Section 20-2(a) should be granted because such division of land .is not within the intent and purpose of Chapter 20 of the Municipal Code, in that an adequate and efficient stree and road system already exists; no additional congestion on streets will be caused by the proposed division; no traffic safety hazards will be created; desirable public open space will .be continued or created; no change in population destribution wil occur; adequate utilities and public improvements exist to serve the property; and there will be no detriment to the health, safet and general welfare of the people of the City of Aspen. l.AW Of:FlCL~ DWIGHT K SHEU.\IAL\:, JR. A0:D r\:-;SOClr\TES THE WHEELER O!'F~AHOt ::-;E I~U HOX G- 3 ASf'E0.'. t:OLORAOO :,Hill (303) <)23-27jO ('"', A WHEREFORE, applicants request that the Planning Commission consider this application, grant the same, recommend approval to the City Council, enter in the minutes of the Planning Commission the grounds as set forth above for granting said exemption, and certify a copy of the same to the City Council. DATED this 5th day of November, 1974. LEONARD M. OATES, Attorney for Owners -2-