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Home My WebLink AboutLand Use Case.1016 E Hyman Ave.0087.2014.ASLU THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0087.2014.ASLU PARCEL ID NUMBERS 31/ ?/ // DO �/ PROJECTS ADDRESS 1016 E HYMAN AVE PLANNER CHRIS BENDON CASE DESCRIPTION 1979 SUBDIVISION EXEMPTION REPRESENTATIVE CITY OF ASPAN DATE OF FINAL ACTION 12.16.14 DATE OF FINAL REFUND/ NO BILLING- NO REFUND PAYMENT CLOSED BY ANGELA SCOREY ON: 12.16.14 vo9 7. 2014 • c-U tMTVPermits ,. �� ,.a " t� 'v; g i File Edit Record Navigate Fgrm Reports Format Tab Help I J lump 1 I J d it pi Main Custom Fields Routing_Status Fee Summary Actions Routing Higvy o Peru rnie klu Assn Land L4e Permit 3W C " Mdres 11r16 E HY".tA"i AVE ApVSWe o CAV State r� Zip 91611 �P : Ox Permit lrfmmaban G htaster Mot Routing queue Applied 12'167C1b }a Pmjest Status nal Approved 1716201-0 F m Des000n�AD611NISTRATIVE DEfEW,1111 ON FOR 1979 SDBDMSION EXEMPTION Lowed 1716r201d JPEIIAND CLOSE CASE PER CHRIS BENDON I10 FEES ClosedlFlnal 12'16201A Submitted ICHIS BENDON Clod StgpPed D* F�0I Dpires 12'112015 i. Duni ' Lag name RY OF ASPEN First name J130 S GALEM 45PErl C081fi11 s Phone Address i Applicant i. �Owner isappBmA? EConbaclorisapphm-0. Last name RY OFASPEW First name CITY HAll 130 5 GP1EI14 � EN 0081611 Phone I�0,9i 26799 Adhccc Lender Lag name First name I Phone Address AspenGold5 se"i angelas l of l ��o �ee5 • ooe�-1 . ?o1Lt. Asw 0 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ADMINISTRATIVE DETERMINATION Ten Sixteen East Hyman Condominiums JURISDICTION: City of Aspen EFFECTIVE DATE: 2014 APPROVED BY: Chris Bendon, AICP Community Development Director Purpose: The Community Development Director is issuing this Administrative Determination to specifically waive a burden and restriction placed on the Ten Sixteen East Hyman Condominiums(the"Property"). Background: In 1979,the Property was burdened with a rental restriction(for the benefit of the City of Aspen)that restricted rental of units to six-month minimum leases, with no more than two shorter term leases per year. The rental restriction is set forth in Statement of Exemption from the Definition of Subdivision affecting the Condominiums,recorded September 21, 1979 in Book 376 at Page 194 as Reception No. 218121 of the Pitkin County Records. Previously existing Code Section 7-1007A.I(b) imposed rental restrictions on condominiums but not on similar structures that were not condominiumized. Such Municipal Code Section 7-1007A.1(c) is no longer in existence and Section 38-33.3-106, Colorado Revised Statutes, prohibits imposition of a restriction on a structure because of the nature of the ownership of the structure as a condominium. Section 26.480.090.A of the current Municipal Code provides that upon request by a property owner, the Community Development Director shall extinguish the City's interest in the short-term rental deed restriction in a recordable format acceptable to the property owner and the City Attorney. Determination: In accordance with the procedures, standards and limitations of Title 26,this Administrative Determination acknowledges that the City agrees it will not enforce and hereby waives any right to enforce Section 30(d)of the Subdivision Agreement as well as Section 2 of the Affidavit. 455"chiblj- A - 1,97? Svba/�vs�evi Fice.«phw RECEPTION#: 613166, 09103/2014 at 04:06:00 PM, 1 OF 2, R $16.00 Doc Code DETERMINATION Janice K. Vos Caudill, Pitkin County, CO I Recorded at 12:50PM September 21, 1979 Loretta Banner Recorder AClI fn STATEMENT OF EXEI@TION 1Iu 1.194~ FROM THE DEFINITION OF SUBDIVISION i WHEREAS, Irving Getz is the owner of a parcEl of land located in Pitkin County, Colorado, more particularly described as: Lots P and O, Block 33, East Aspen Addition to the TOwnsite of Aspen County of Pitkin, State of Colorado WHEREAS, the applicant has an existing duplex located on said property, and WHEREAS, applicant has requested an exemption from the definition of subdivision for the purpose of subdividing the existing duplex through condominiumization, and WHEREAS, The Aspen planning and raising Commission, at its meeting held July 17, 1979, determined that an exemption from the definition of subdivision is appropriate and recommended that the same be granted, and WHEREAS, the City Council determined that the subdi- vision of the existing duplex through condominiumization in not within the intent and purpose of the subdivision ordinances set forth in Chapter 20 of the Aspen Municipal Code, THEREFORE, the City Council of Aspen, Colorado, does hereby determine that the Proposed subdivision of the duplex located on said property by its oondominiumizatlan is not within the intent and purpose of the subdivision ordinance and does, for such reason grant an exemption from the definition of such action, PROVIDED, HOWEVER, that ore f the going exemption fs conditioned upon the restriction of a foregoing said condominium units to periods of not less than six successive months with no more than two shorter tenancies per year. Dated: August , 1979 Kerman Edel I, KATHRYN S. KOCH, do hereby certify that the fore- going Statement of Exemption from the Definition of Subdivision was considered and approved by the Aspen City Council at its regular meeting held Monday, August 13, 1979, at which time the Mayor, HERMAN EDEL, was authorized to execute the same on behalf of the City of Aspen. �� ` / .Ca4 i ,�J eoe CJ _ KATHRYN S �City u1e[)< STATE OF COLORADO) .)as. COUNTY OF PITKIN ) SgkMky-The foregoing was acknowledged before me this fL day .of�Iwgvas•, 1979, by HERMAN EDEL, and KATHRYN S. KOCH, personally known to me to be the Mayor and City Clerk, respectively, of the City of Aspen. WITNESS my hand and official seal. My commission expires: `My Commission twits Ockbe'r 19, 1982 Notary 1C LAW OFFICES OF OATES, KNEZEVICH, GARDENSWARTZ, KELLY & MORROW, P.C. PROFESSIONAL CORPORATION THIRD FLOOR,ASPEN PLAZA BUILDING 533E.HOPKINSAVENUE ASPEN.COLORAD0.81611 WWW 0WICAW.COM LEONARD M OATES TELEPHONE(970)9204700 RICHARD A KNEZEVICHDIRECT LINE(9701 920-1701 TED D.GARDENSWARTZ �' Z,T�* j~, FACSIMILE(970)920-1121 DAVID KELLY CCC MARIA MORROW F OF COUNSEL. SEF 2 2014 emm®okg� mm STEPHEN R.CONNOR CITY OF k, - ANNEMARIEMcPHEE SARAH M.OATES STEPHANIEM HOLDER September 2, 2014 VIA HAND-DELIVERY Mr. Chris Bendon City of Aspen Community Development Director 130 S. Galena Street Aspen,CO 81611 Re: Removal of Rental Restriction from Ten Sixteen East Hyman Condominiums Dear Chris: I am contacting you on behalf of the owners of the two units in the Ten Sixteen East Hyman Condominums, RK Partners, LLC (owner of Unit 1) and 1016 East Hyman, LLC (owner .of Unit 2). When the prior owner of the property was going through the process of condominiumizing the property in 1979, he obtained a Statement of Exemption from the Definition of Subdivision from the City of Aspen. Included in the Statement of Exemption was a restriction limiting rental of the units to six-month minimum leases, with no more than two shorter term leases per year. A copy of the Statement of Exemption is enclosed. Subsequent to the placing of this restriction, the Colorado General Assembly enacted § 38-33.3-106, C.R.S.,a statute prohibiting the imposition of restrictions on structures because they are owned as condominiums. In light of§ 38-33.3-106, C.R.S.,RK Partners, LLC and 1016 East Hyman, LLC request that you make an administrative determination that the rental restrictions imposed on the Ten Sixteen East Hyman Condominiums will not be enforced by the City of Aspen and record the same in the records of Pitkin County. A proposed Administrative Determination is enclosed for your review. OATES,KNEZEVICH, GARDENSWARTZ,KELLY Bt MORROW,P.C. Mr. Chris Bendon, City of Aspen Community Development Director September 2, 2014 Page 2 Thank you for your help with this. Please let me know if there is anything else you need in regards to this request. Very Truly Yours, - OATES,KNEZEVICH,GARDENSWARTZ,KELLY&MORROW,P.C. By Anne Marie McPhee AMM/lap Encl. cc: Allison and David Kirshenbaum Kary Deavers 0 0 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ADMINISTRATIVE DETERMINATION Ten Sixteen East Hyman Condominiums JURISDICTION: City of Aspen EFFECTIVE DATE: 2014 APPROVED BY: Chris Bendon, AI Community Dev opment Director Purpose: The Community Development Director is issuing this A strative Determination to specifically waive a burden and restriction placed on the en Sixteen East Hyman Condominiums (the"Property"). i Background: / In 1979, the Property was burdened with a rental restriction (for the benefit of the City) that restricted rental of units to six-month minimum leases, with no more than two shorter term leases per year. The rental restriction is set forth in Statement of Exemption from the Definition of Subdivision affecting the Condominiums, recorded September 21, 1979 in Book 376 at Page 194 as Reception No. 218121 of the Pitkin County Records. Previously existing Code Section 7-100 .A.1(b) imposed rental restrictions on condominiums but not on similar stru es that were not condominiumized. Such Municipal Code Section 7-1007A.1 ) is no longer inexistence and Section 38-33.3-106, Colorado Revised Statutes,prohib' imposition of a restriction on a structure because of the nature of the ownership of structure as a condominium. Determination: In accordance with the procedures, standards and limitations of Title 26, this Administrative Determination acknowledges that the City agrees it will not enforce and hereby waives any right to enforce Section 30(d) of the Subdivision Agreement as well as Section 2 of the Affidavit.