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HomeMy WebLinkAboutlanduse case.AP.700 S Monarch St.A44-92 7"""". r", CASELOAD SUMMARY SHEET City of Aspen PROJECT NAME: Project Address: Legal Address: APPLICANT: Michael S. Maurer: Maurer Rifkin & Hill Applicant Address: 10585 N. Meridian st.: Indianaoolis. IN REPRESENTATIVE: Ronald D. Austin: Austin. Peirce & smith Representative Address/Phone: 600 East Hookins. suite 205 Asoen. CO 81611 925-2600 PARCEL ID AND CASE NO. 2735-131-11-008&017 A44-92. STAFF MEMBER: KJ' ::c..s"..4"t-'h~ ~. PIa> A-e--.e Maurer Exemo. from Housinq Reolacement Proq~ 700 Monarch Street: units 101 and 102 DATE RECEIVED: 06/02/92 DATE COMPLETE: &;/3 -------------------------------------------------------------- -------------------------------------------------------------- FEES: PLANNING $ 200 # APPS RECEIVED 3 ENGINEER $ 90 # PLATS RECEIVED 3 HOUSING $ ENV. HEALTH $ TOTAL $ 290 VESTED RIGHTS: Planning Director Approval: ~ Insubstantial Amendment or ~tion: YES NO Paid: Date: Dr ~ ;;;;~~;7==================================~================== ~1= ;,.)/ . City Attorney Mtn Bell School District ", ~:;;JD )( city Engineer Parks Dept. Rocky Mtn NatGas 0'~.. Housing Dir. Holy Cross State HwyDept(GW) , ,t r./i Aspen Water Fire Marshall State HwyDept(GJ) 'I' rpJ'~AI City Electric Bldg Inspector ~ h~V I Envir.Hlth. Roaring Fork Other ~Ol " Aspen Con.S.D. Energy Center Clean Air Board -W ~ DATE REFERRED: &~Lj-7J INITIALS: ~ ;~;~~=;~;;~;~7================;~;;=;~;;;;7=~:J'.~~===~;~;~~~~ , ___ city Atty ~ City Engineer, ~zoning ___Env. Health ___ Housing Other: FILE STATUS AND LOCATION :df /,..PAI-1 ?-\ ~, MEMORANDUM FROM: Diane Moore, Planning Director Kim Johnson, Planning Office 700 Monarch Condominiums, units 101 and 102 Insubstantial Condominium Plat Amendment to Combine units TO: RE: DATE: June 5, 1992 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The applicant wishes to amend the condominium plat to reflect the combination of units 101 and 102. The units have been determined to be exempt from Ordinance 1 replacement requirements for the demolition of a unit within a multi-family structure. The proposed plat amendment qualifies as 'an insubstantial amendment and shall be approved by the Planning Director. staff recommends approval of the request with conditions. APPLICANT/OWNERS: Michael S. Maurer (Unit 102), represented by Ron Austin and John and Eve Molyneux (Unit 101) LOCATION: 700 Monarch street REFERRALS: Engineering: Chuck Roth has forwarded the following comment: 1) The Applicant shall provide a plat amendment which meets the requirements of section 24-7-1004.D. of the Municipal Code. It is recommended that a blueprint of the plat amendment be provided for checking prior to submitting two mylars for City signatures, together with recording fees for one set of mylars. STAFF COMMENTS: section 7-1006 A. of the Land Use Code reads: "Insubstantial Amendment. An insubstantial amendment to an approved plat may be authorized by the Planning Director. An insubstantial amendment shall be limited to technical or engineering considerations first discovered during actual development which could not reasonably be anticipated during the approval process, or any other minor change to a plat which the Planning Director finds has no effect on the conditions and representations limiting the approved plat." The proposed change is to combine units 101 and 102 to create one unit. Please see Attachment "A" for application letter and sketch of the subject units. Staff has reviewed the documentation provided by the Applicant regarding the historical occupancy of the 1""'\ r""'. units and has determined that they are not employee housing units, therefore the project is exempt from Ordinance 1 replacement. Please refer to Attachment "B" for letter to Ron Austin. The proposal does not conflict with any other Land Use regulations and should be considered to have no effect on the conditions of the approved plat. The combination of one of the units will require one of the kitchens to be taken out of the resulting single condominium unit. RECOMMENDATION: Staff recommends that the Planning Director approve the Insubstantial Plat Amendment for the 700 Monarch Condominiums for the combination of Units 101 and 102. Recommended conditions of approval are: 1) Only one kitchen shall remain in the remodeled condominium unit. This must be indicated on the building permit documents and shall be inspected by the Zoning Official prior to the issuance of a certificate of Occupancy. 2) The Applicant shall provide a plat amendment which meets the requirements of section 24-7-1004.D. of the Municipal Code. A blueprint of the plat amendment shall be provided to Engineering for checking prior to submission of two mylars for city signatures with recording fees for one set of mylars. I hereby approve the above Insubstantial condominium Plat Amendment for the combination of Units 101 and 102 of the 700 Monarch Co dominiums with the above conditions. /015/ q l..- Director Date I ATTACHMENTS: "A" - Application Letter and Sketch of Subject Units "B" - Engineering Referral Memo 2 (""'\ 1/ir1le)(f.Wpr "ti j {) AUSTIN, PEIRCE & SMITH tr/DI/';r Attorneys At Law f . U 600 East Hopkins Avenue Suite 205 Aspen, Colorado 816n ThIophene (303) 925-2600 FAX (303) 9254720 Ronald D. Austin Frederick F. Peirce ThOmas Fenton Smith Rhonda J. Bazil May 11, 1992 MAY I I Ms. Diane Moore, City of Aspen Planning Director 130 South Galena Street Aspen, Colorado 81611 Ms. Kim Johnson, Planner 130 South Galena Aspen, Colorado Street 81611 RE: Michael S. Maurer Exemption from Resident Multi-Family Housing Replacement Program Dear Diane and Kim: This is a request for a Certificate of Exemption from the prov~s~ons of Article 3, Section 18-3.1 of the Aspen Code. Attached hereto is a copy of the Pre-Application Conference Summary of my meeting with Kim Johnson. Based upon the information set forth below, we believe that we qualify for an exemption and request a Planning Director sign-off as provided in Section 7-1006 of the Aspen Code. This is the combination of two condominium units (Units lOl and 102) in the 700 Monarch Condominiums at 700 Monarch Street, Aspen, Colorado. Attached hereto is a copy of Paragraph 3 of the Condominium Declaration which authorizes combination of the units. We are in the process of obtaining the consent of the owners and their mortgagees to this combination and, of course, your approval would be subject to our success. Attached hereto is a copy of the condominium map showing Units 101 and 102. We have indicated by cross hatch the portion of the wall to be removed. These two units, 101 and 102, have not been occupied by working residents as contemplated in Section 18-3.1. Attached hereto is a letter on behalf of the current owners of Unit 101, John and Eve Molyneux, who reside in Australia. The letter from Dolomite Villas of Aspen by Tim Clark reflects that since 1978 when the Molyneuxs purchased their unit, they have rented it on a short term basis to tourists. ,1""'\ AUSTIN, PEIRCE & SMITH ,-,. Attorneys At Law Ms. Diane Moore Ms. Kim Johnson May 11, 1992 Page 2 Also accompanying this letter is a letter from Michael S. Maurer, the owner of Unit 102. Mr. Maurer indicates that he has owned Unit 102 for almost seventeen years. He resides in Indianapolis, Indiana, and has occupied the condominium himself and with his family, he has occasionally rented it short term, and it has not been rented long term to working residents. Thus, this contemplated combination of the two condominium units is not displacing working residents and we should be entitled to an exemption. Also accompanying this letter is a letter of authorization and our check in the amount of $290.00 for the application fee. We will have a mylar prepared amending the condominium map and it will be recorded reflecting this change. Please let us know if you need tO,sign the amended map. Finally, we have submitted a vicinity map showing the location of the 700 Monarch Condominiums. Please let me know if this application is complete or if I need to do something else. Thank you for your assistance. Sincerely, AUSTIN, PEIRCE & SMITH, Attorneys for the Applicant By.a~/JJJ~ Ronald D. ustin ROA/ smg Enclosures cc: Michael S. Maurer . C:\WP51\LE'l'l'ERS\MOORJOBN.1IDA r-- ..' "I 1 J.-- ~t- IH \ij, ~ c:Gl\l :> ~~ :j~ cr .3 111 ~ ~i I ; , ~i ~1 "I ! i tl "" I I .. " .., ('I: "" ! I .-I -t' uJ "', :> 0): i uJ ---l ~I 0 -'7 ,,- 0 Ll uJ <0 -"~'-~""7 . _._...--..-~~-./-'--'-"---'~--....- ~T--~'- ~'~l I T--- "~ r------ I ~ 91 , '" ~I " "1\ . ~ . , ~, }.',"'''l , '.)1 , . F, (..(>4 ~'~.<1 .. :><1 ' .,()1 : /xJ I "" ..;"77."<'j- ".f, " . / ' '" . , ',2, 2: 17\(1 +- 1" I' /) . '--6t"-~ qi f.-,~"/11 F... .' L. I I i 35i "'I ,) ~i I ~I I -~:Ol'''; " o J ('l I::: " z " :s I '::>S"!:.' . ~ t ~~: ~I '. ,; ", i 1"L'::' 6""0' t I " o ~ '- ' I .l, LoS Sl - <J' ',?i I' z! 05\ ----.--.- -"~'-'-.:;"'L~" ....i...o( "! . '" "" ~I' " ~ t ~J I S&.;-l I , ~ . " N Q t: ~ Q != z " ,{ '" -- -- -" ~ ,.J I r---- 'i?f,l . '~O:l~ I, ,~-'- _ ~z.'::l "o,'i';i I ' ~I "', N ! i : ~1 -1 ~ rf)I.9 , " :;~ 0 T ,0 oI" 1- ;~ of) ,,' " ~ ,,' Z ,,' 0 ill ?- , b J , Z Cl ~ "' !:: .- 5_ 0 :J c) ~' m " 'I ", X ~ : , I DOLOMITE VILLAS OF ASPEN I Your townhouse on Ajax Mountain. ~~p.r:i. 1 309 :l. 9'3:2 Aspen Pitkin Planning Office 130 S~ Galf!:!na Aspen~ COu 81611 RE: 700 Monarch Unit No. 101 To Whom it may concern; I hereby 6tfLrm that Dolomite Management has been the rental agent for 700 Monarch Condominium Unit 101 for the past six years and we have been renting it on a short term basis to tourists during this timsu I also understand that prior to our involvement with the propertY9 the Molynuexsy who have owned the property since 1978, have short term rented the property to tourists throughout their ownershlp~ Aspen Club Management Company was their short term rental agent prior to our i nvol \lemi?nt" If you have any questions please feel free to contact me at your C onven i e~llC E' n :3illcel'.ely~ ~ T:~Ci.(k 1(,.,IC:.I c! j tr ~ Dolomite Management (3E'nf?r' a 1 r....lan a~~~ 0."?j" 650 Soutb Monarcb Street. Aspen, Colorado 81611 . (303) 925-7624 MAY- 4-92 MON 17:41 MaurerR 1""'\. -f"k nH i I I 1""\ p _ 01 MAURER RIFKIN a. 1-111..1... P.C. ATTORNI!i:YS AT LA,W SUITt 101 l05S5 NORtH IoIE~IOI"'N STR-==C'f" INDIANAPOLIS, ',NDI..A;NA 4tS2QO.IOe6 JlOIlERT.. lIIIIl"l'\l... S~ER:WOOO P, t-JLI..L ,..t;I,.,l['PHONt!.. (3r7) 844.8372 (:OlJNSf'L MICHAEL. ""AUJ'lER' May 4, 1992 "t~L.lI:c:opr!:1IlI (3,71 ~7~.:::I::l-64 Aspen/Pitken Planning Office 130 South Galena Street Aspen, COlorado 81611 Re. E~emption From Oridnance No. 1 Dear planning Office: This letter constitutes my representation to you that I have owned Unit #102, 700 Monarch Condominiums, for almost 17 years (June 1975). During that time, I have been a resident of Indianapolis, Indiana and have occupied the condominium myself and with family as a vacation residence. Although I have had some short term rentals up to 1987, I have never had the condominium occupied by a working resident as described in section 18-3.1 of the Aspen Code. Sincerely, vtv-JvrPf /~tU0-V'--- Michael s. Maurer msU\:MDS cc: Ronald D. Austin, Esq. 1""'\, ft,"NT "5.t Aspen/Pit 130 Asp (303) 9 ing Office treet 611 920-5197 Ron Austin Austin and Pierce 600 E. Hopkins Aspen, CO. 81611 June 2, 1992 RE: Ordinance 1 Exemption for 700 Monarch Condominiums, units 101 and 102 Dear Ron, As a fOllow-up to our phone conversation of a few days ago, the Planning Office has reviewed the documentation you provided for the Michael Maurer exemption from resident mUlti-family housing replacement requirements. Zoning's knowledge of the property combined with the letters from Tim Clark and Mr. Maurer has allowed Diane Moore, City planning Director to exempt the above referenced units from replacement regulations pursuant to Chapter 18-3.1.a. of the Aspen Municipal Code. This reading by the city Planning Director will allow staff to begin processing the' condominium plat amendment which you submitted on May 11, 1992. As I need to forward this application to Engineering and Zoning for comment prior to Ms. Moore's review, the approval will not be complete for another three or four weeks. I do not anticipate any problems in receiving a favorable decision from the Planning Director, but if concern-generating comments come back from the referral departments I will contact you immediately. If you have any questions regarding this process, please give me a call. ;jZelY, Kim Johnson Planner cc: Bill Drueding, Zoning @ recycled paper 1""'\ .""". MEMORANDUM To: Kim Johnson, Planning Office From: Chuck Roth, City Engineer C'f2- Date: June 4, 1992 Re: Mauer Exemption from Housing Replacement Program - 700 Monarch Condominiums Plat Amendment Having reviewed the above referenced application, the engineering department has the following comments: 1. The applicant shall provide a plat amendment which meets the requirements of Section 24-7-1004.D of the municipal code. It is recommended that a blueprint of the plat amendment be provided for checking prior to submitting two mylars for City signatures, together with recording fees for one set of mylars. M92.170 1""'\ 1""'\ MAURER RIFKIN e. HILL, P.C. ATTORNEYS AT LAW SUITE 101 IOS85 NORTH MERIDIAN STREET INCIANAPOL..IS. INDIANA 46290~I066 ROBERT S. FUF"KIN SHERWOOC P. MILL. TELEPHONE {317l 844-8372 COUNSEL MICHAEL S. MAURER TELECOPIER (317) !573-5564 April 28, 1992 Re: 700 Monarch, unit 101 and 102 To Whom It May Concern: Please be advised that the law firm of Austin, Peirce & Smith, 600 East Hopkins Avenue, Suite 205, Aspen, Colorado 81611 is authorized to represent the undersigned in all matters with the city of Aspen and more particularly the land use process. Yours very truly, ~~ Michael S. Maurer MSM:mds "-,, I I J~..~! ......_1...... to \4ountlin ilolley &, :nde~c. ' 'a.. 0............. "- ,.......J. ItuL. IS#lfN IAOV( :Uflr'IItl' , .. ~ 60C] ....... lie' ..... I I .......\M...../ __,.1 0....... '''':''ul.. . I , i ~ c: H, N, ~ 1""'\ ~. f/z3 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PROJECT; -;m r1IOYIa~1-"-f. ~dtJW~~ - ~M ~. APPLICANT'S REPRESENTATIVE: ~ 7:J...-r-' I ~ REPRESENTATIVE · S PHONE: '5'"- ?--Ce 00 OWNER'S NAME: jJJ(cJ,.uP "5, ma U" r €. r SUMMARY 1. Type of Application: 'D,f<. . SIc.-n o+( 2... Describe actionjtype r;ltO IYl !/1d.A-d of development being requested: "- IM,(Z/[J/-ID2- ~1~ . " "D.\Z, G. 3. Areas is which Applicant has' been requested to respond, types of reports requested: Policy Areaj Referral Aqent ~ ?- !iI1.~~ J Comments Y: )L Review is: (P&Z Only) (CC Only) (P&Z then to CC) Public Hearing: (YES) (NO) to be submitted: -..3 , submit: Ii 2ro f 90 ;:::~ 2-10 6. Number of copies of the application What fee was applicant requested to 7. 8. Anticipated date of submission: Lit ;1 ~ /YI e'r"w);:C-v}C.e '''' ~.: r u .. ...) & frm.pre_app 9. /COMMENTSjUNIQUE fONCERNS: L~AMf ~~{-d2 'DeD{ ),;~5f:~ \~ r ,~,. h""~...... ,.','V". '"''''"'$:S.' \;.:,:i~~~. ~.;;.,~~..rt ."" ~.:l' W~~~~4;1 :;'fJ;:;~~~~ """;:"~~:':';JIlC4,'" I;; ~>1~~~;1;;:~;.::' ",;,>j...~'X:.;;,~ 10:'.:- ",J" ~'~?;~l::'.' if~,~ :.,.",,[~.,..,...,,~... .:"':0~~.:1t';;g .' '.:.';;""'~;'''' "l;"~'~~:~i ~' ':o,,'!+. . "~;::r;r ..,,,,,...--~..,,,,,,, 'J~:';:;g~'~1l,f" ,';_~ ::'~""';;~~.;+\;..i::i~ ~tj~ .~-_ '\;~ :~;,\t ,~ '<>.1', ~ .J..:~"'<iIt_. r'~ji"; ",;1 ,~ 1;t ;~:. "~.l . ~ ." '''' ; ,'" r .~ ,'.: ':~',:~,~ .a~~~:J.f~:'r:.t.~~;::.:.'~;<-:}~ "(j r.if,...,....,;p."'''',,'1, ....~..,; ~.' '. . :~~~:~r~~(:>.:.:\.<~~~~~:~.... ~f,~,.!itl,",..,,~,.,me~s, the Board of Managers of ,the Association. , . ~~~'M!~fi:;ii1$~~;T;~V?" ~ r.f2'~:Di~i'd.~n:";~i'propertYinto Condominium Units.. ThE: rea1 property .:c.$~~!.'~~~~t?~ '.~;...:; ~: '"". " , .., '.desi:%;:J.:6ed':i.s I-.oreby divided into the following fee. simple estates, ~~:ri~~~~~/:.:f.:.~;~...([" :::'. <'1 "\,,~:, . '..~;(2d~para.tely designated aparb:!tent units and the undivided interest ...._.:t~1~Xg~~.J(\~..::.;:~: ::: : . .,' :1;Q,'th6 general. CODlllOn elements appurtenant to each unit as is set forth 'l':htf~t.~~off~"h'j~~"t':;.~t~..,;,. ' " n'''t;(.~~':~~k~t-~~.!;", ,'..... ''P.'W'-Y:;('h'.:t!f~':.A'':<attac1ied ,hereto and, by this reference, made a part hereof. ..':;~,~~~;'f::;',:';'("~"'; I:,' ~''''''''''-'_;'~):\'.'/y''r'' ~.". . ;' " . ' r'-::~.:1. ~~~~~. ".' :;\'~. 1:,:" " !.... :I~~~' < '. ;. .~.t!..4':;::'~:.~/3.'" Combination and Division of Units. ~.:/:..::.~,., :~::;. . ';~~riqht for itself. its successors and assigns, to physically combine the '.-t~i;(.:, . ?a:tea':or space of .on"e apartment unit with the area or space of one or more -";"'-'. ,~(.tt.1 PAtEuJU ~. ' Declarant hereby reserves ~joini~q apartment-dnits,and the aggregate of the undi~ided interests in ;,,~~. .iDd'to the, general common elements appurtenant to such combined units shall ';..,.,; ~'~."ap~enant to the one enlarged unit which shall result from such combina- .~'~.~:;.:-,.:. . <tion. . In the event of such a combination, D-er:larant shall cause to be filed '. ~ ,. :,'.'for:' record an amendmeJ'!t to Exhibit itA II and to the Map describing and depicting ""/":" Declarant hereby reserves the right for itself, its any such combination. ~;.:j' successors a~d assigns, to designa~~ portions of the general common el~~~nt~ ....... ....t ". any unit which sh~ll result from a combination as aforesaid, as limited common elements reserved exclusively fo~ use by the owners of such unit resulting from a combination and to convey appurtenant interests therein to any such owners. ...... ), ~ .~.;.~, '. &i~::;.~:~::;T!~'~ Limited. COUHDOn Elemen ts . .~:iJ{:~::'.'.l.::: ~;.~'~(~) The balcony or balconies and patio or patios which adj0in an ,.:~~':i~e"~d' which are a.ccessible therefrom, shall be a limited common r7:i~'~ :,~:ft~~:~~,;:~ i.~.", . ~telemene; reserved e:xc~usively for use by the O,,-"ilers of such WIlt, to the ex- .. ~...... ;,; '. . \. . . .~ clusioa of all other owners, except' by invitation. ~~'~3i~,:/I": (b) The Board or the geclarant shall have the right, by rule or apartment unit owner the exclusive locker located in the first level of . ..,',. ." ,~j;,~ :,:.,,,:-,~."'k\.~.l"."':1>A . i;I ...... , if. :t:' ., .,'" ;~. ~:~: :i_; ::':: 1:~ .'. ~; \. ;;'f." ;~': it ;':;. .'.~ :;-:- ;,';; ""I. :~;{ ~;. .,:! ',," '-I: i ..~: ,- Q.:. !;:. t". \,' ~~~ 1ft ....:.. .~.:.i.f-:' [~:.. ~:'.;.:t'., I., ' ~',.j." i"4' . '"<o! .' :\,).}" ~ .\. .,,'1 ~l ..:\'.' i~..:.tt :t .... ;~l ':<:....1 ,'V"'l !If .':.' (""\ (""\ ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 Phone 920-5090 FAX 920-5197 MEMORANDUM TO: FROM: City Engineer Kim Johnson, Planning Office Maurer Exemption from Housing Replacement Program Parcel ill No. 2735-131-11-008 and -017 June 4, 1992 RE: DATE: Attached for your review and comments is an application submitted by Michael S. Maurer, requesting an insubstantial condominium plat amendment. Please return your comments to me no later than June 10. I realize this is a short turnaround time, but the applicant needs this done as soon as possible. You will possibly be hearing from the applicant "begging" for a quick turnaround. Thank you.