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Home My WebLink Aboutcoa.lu.ec.601-603 North St-Kandahar Duplex.1984-EC-03�� G (� �� Kahndaher Duplex Condominiumization �9sy1<C-o3 .i E cl WMX 464 w241 25659 6 STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS FOR THE PURPOSE OF CONDOMINIUMIZATION FOR KANDAHAR CONDOMINIUMS LORETTA BANNER. PITKIN CTY. RECORDER WHEREAS, KANDAHAR INVESTMENTS, LTD. , a British Virgin APR 6 IlSamd �-�imited partnership as to an undivided 99% interest and ARTHUR M. PASTEL as to an undivided 1% interest (hereinafter "Applicant"), are the owners of a parcel of real property (and the improvements thereon) situate in the City of Aspen, Pitkin County, more particularly described as follows: Fractional Lots 7, 8 and 9, Block 20, Hallam's Addition, and Fractional Lots G, H and I, Block 20, City and Townsite of Aspen, County of Pitkin, State of Colorado also known as 601-603 North St., Aspen, Colorado. WHEREAS, Applicant has requested an exception from the full subdivision process for the purpose of condominiumizing the building on the subject property; and WHEREAS, the City Council determined at its meeting of February 13, 1984, that such exception was appropriate and granted the same, subject, however, to certain conditions; NOW, THEREFORE, the City Council of Aspen, Colorado, does determine that the owners' application for exception from the full subdivision process for the purpose of condominiumiza- tion of the Kandahar Duplex is proper and hereby grants an exception from the full subdivision for such condominiumization; PROVIDED, HOWEVER, that the foregoing exception is expressly conditioned upon: (1) the Applicant's recording (contemporaneously herewith) with the Pitkin County Clerk and Recorder that "Declaration of Covenants, Restrictions and Conditions for KANDAHAR DUPLEX", dated February 28,_1984 _, 1984, and (2) the Applicant's strict compliance for itself, its successors and assigns, with the provisions contained therein and all other binding conditions of approval on this matter set by the City Council. DATED this day of _ 1984 ole ------I------ ----- Mayor APPROVED AS TO FORM: Paul J. Taddu , City Attorney I, KATHRYN S. KOCH, do hereby certify that the foregoing Statement of Exception from the Full Subdivision Process for the Purposes of Condominiumization of KANDAHAR CONDOMINIUMS was considered and approved by the Aspen City Council at its regular meeting held l3 1984, at which time the Mayor, William L. Stirling, was authorized to execute the same on behalf of the City of Aspen. F .S 1. Kathryn S. Coch, City Clerk - 2 - 464 mg 43 DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS FOR THE KANDAHAR CONDOMINIUMS Kandahar Investments, Ltd., a British Virgin Island Corporation as to an undivided 99% interest and Arthur M. Pastel as to an undivided 1% interest, (hereinafter "Covenantors") for themselves individually and for their personal representatives, successors and assigns, in consideration for the granting of an exception from the full subdivision process for the purpose of condominiumization of the following described property, hereby covenant with the City of Aspen, Pitkin County, Colorado, to restrict said property, and hereby does restrict said property as follows: 1. Covenantors represent that they are the record title owners of the following described property, situate in the City of Aspen, Pitkin County, Colorado, together with the improvements located thereon: Fractional Lots 7, 8 and 9, Block 20, Hallam's Addition, and Fractional Lots G, H and I, Block 20, City and Townsite of Aspen.. also known as 601-603 North Street, Aspen, Colorado 81611. 2. The sale of any of the dwelling units located on the above described property shall be in strict compliance with the provisions of Section 20-22(a), Aspen Municipal Code as follows: (a) Existing tenants shall be given written notice when their unit is offered for sale, which notice shall specify the sale price. Each tenant shall have a ninety -day nonassignable option to purchase their unit at this preliminary market value. In addition, each tenant shall have a ninety -day exclusive nonassignable right of first refusal to purchase their unit which shall commence when a bona fide offer is made by a third person, and accepted by the owner. In the event that such offer is made while the ninety -day option is still in effect, the tenant may purchase the unit for othermount of the initial sales price or the amount of w ac -„- C" ic,the`'c__�ona fide offer, whichever is less. Lr: <M N co `_-' E-- w o ,� CNJ --� r. 0C ri +cr 3. The dwelling units located on the above -described property shall and hereby are restricted to six (6) month minimum leases with no more than two (2) shorter tenancies per calendar year, all described in Section 20-22(b), Aspen Municipal Code, as amended. 4. In the event that any municipal improvement or improvements of a kind contemplated in Section 20-16 of the Municipal Code of the City of Aspen, as amended, become, in the sole judgment or discretion of the City Council of the City of Aspen, necessary or desirable to the area of the above described property, convenantors will make no objection to any special assessment or special tax or proceeding therefor on the basis that the property is adequately served by existing improvements and/or on the basis that the premises will riot be served or benefited by the improvement or improvements proposed. Convenantors further agree to join, upon the demand therefor by the City, any special improvement district, urban renewal district, or downtown development district formed for construction of such improvements (including, without limitation, signage, drainage, underground utilities, paved streets and alleys, planting, curbs, gutters, sidewalks, street lights, traffic circulation, trails, recreation facilities, berms open space lands, public transportation facilities, parking, etc.) in the area of the above -described property or to reimburse the City of Aspen directly upon demand therefor if the City should choose to construct these improvements without the formation of such a district. 5. The covenants contained herein shall run with the land and shall be binding on all parties having any right, title or interest in the above -described property or any part thereof, and their heirs, representatives, successors and assigns, for a period of fifty (50) years from the date these covenants are recorded. 6. None of the covenants contained herein shall be released or waived in any respect or modified or amended during - 2 - Tog 464 pmf 45 the period they are binding without the prior consent of the City of Aspen reflected by Resolution of the City Council of the City of Aspen. IN WITNESS WHEREOF, this declaration has been duly executed this 28th day of February , 1984 KANDAHAR INVESTMENTS, LTD., a British Virgin Island limited partnership BY Ar h u r M. Pastel, b Wia�titt_orn Y in -fact, Andrew V. Hecht STATE OF COLORADO ) ss. COUNTY OF PITKIN ) ;! The foregoing document was acknowledged to before me th�day of _ February , 1984, Kandahar =lrivestment� Ltd., a British Virgin Island limited partnership by .' its._4ttZ.rndy-=in-fact, Andrew V. Hecht. ,,•.�WUNESS my hand and official seal. �.A commission expires: _ 1-21-85 OF CAl �� otary ublic Addres : 601 E. Hyman Avenue Aspen, CO 81611 STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing document was acknowledged to before me thy,o, th day of February 1984, Arthur M. Pastel by his att y-in-fact, Andrew V. Hecht. WETNESS my hand and official seal. Mphcommission expires: 1-21-85 fJ lJ c; , Notary ublic Address': 601 E. Hyman Avenue Aspen, CO 81611 - 3 - � jr- im LAND USE DATA SH NAME: KANDAHAR INVESTMENTS, LTD. ADDRESS: 601 East Hyman Avenue, Aspen, Colorado 81611 PHONE: 925-1936 NAME OF PROJECT: To be determined TOTAL AREA: Approximately 9,000 sq. ft. EXISTING USE: Multi -family; duplex PROPOSED USE: Multi -family; condominiums APPROXIMATE SQUARE FOOTAGE OF EACH: Unit A - 3,590 Unit B - 3,590 PRESENT ZONING OF SITE: R-16 DESCRIPTION OF LAND USE PROPOSAL: Applicant seeks an exception from subdivision to condominiumize a duplex structure to be constructed on the corner of 5th and North Streets in Aspen, Colorado. Because this will be a new structure it will result in no decrease in the amount of low, moderate or middle income housing available in the Aspen area. LEGAL DESCRIPTION: Lots G, H and I, Block 20, City and Townsite of Aspen, Pitkin County, Colorado PARKING: Two covered and two uncovered spaces per unit. TO BE COMPLETED BY THE PLANNING OFFICE TYPE OF APPLICATION: REZONING SUBDIVISION P. U. D. EXEMPTION SPECIAL REVIEW 35-acre + Subdivision BUILDING PERMIT REVIEW REVIEW PHASE: PRE -APPLICATION DATE COMPLETED GENERAL SUBMISSION P.C. ACTION DATE BOARD ACTION _ DATE DETAILED SUBMISSION P.C. ACTION DATE BOARD ACTION DATE FINAL PLAT BOARD ACTION DATE RONALD GARFIELD ANDREW V.HECHT KATHERINE HENDRICKS WILLIAM K. GUEST, P.C. GARFIELD & HECHT, P.C. ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE ASPEN, COLORADO 81611 January 10, 1984 Planning and Zoning Commission 130 South Galena Street Aspen, Colorado 81611 RE: KANDAHAR DUPLEX Dear Commission Members: TELEPHONE (303) 925-1936 TELECOPIER (303) 925-3008 CABLE ADDRESS "GARHEC" This is an application for the condominiumization under Section 20-22 of the Aspen Municipal Code of the Kandahar Duplex. In support of such application the undersigned states that all of the following requirements shall be complied with. (a) The existing tenant, as there is only one tenant, shall be given written notice when her unit is offered for sale, which notice shall specify the sale price. Each tenant, if others are subsequently installed and unless the required notice is expressly waived by them, shall have a ninety day nonassignable option to purchase their unit at this preliminary market value. In addition, each tenant shall have a ninety day exclusive nonassignable right of first refusal to purchase their unit which shall commence when a bona fide offer is made by a third person, and accepted by the owner. In the event that such offer is made while the ninety day option is still in effect, the tenant may purchase the unit for the amount of the initial sales price or the amount of the bona fide offer, whichever is less. (b) All units shall be restricted to six (6) month minimum leases with no more than two (2) shorter tenancies per year. The attached affidavit of the owner demonstrates that the approval will not reduce the supply of low and moderate housing. Sincerely, GARFIELD & HECHT, OP.C. By: Andrew V. Hecht For Kandahar Investments, Ltd. AVH/mlc Enclosure OT AFFIDAVIT OF KANDAHAR INVESTMENTS, LTD. STATE OF COLORADO ) ss. COUNTY OF PITKIN ) Kandahar Investments, Ltd., ("Kandahar") after being first duly sworn upon oath, state and depose as follows: 1. Kandahar is the owner of the improvements located on Fractional Lots 7, 8 and 9, Block 20, Hallam's Addition, and Fractional Lots G, H and I, Block 20, CITY AND TOWNSITE OF ASPEN, County of Pitkin, State of Colorado. 2. Kandahar submits the following information for you to rely on in considering its application to convert the above referenced improvements to condominiums: a. There is only one tenant and Kandahar has no intention to displace the tenant currently residing at Kandahar Duplex as a result of the conversion. b. No other tenant has ever occupied either unit of the Kandahar Duplex. C. It is a luxury unit. d. If and when Kandahar sells such units, Kandahar will give the tenants who do not exercise their right of first refusal at least 180 days after final council approval or whenever the units are sold, whichever date is later, in which to locate unless expressly waived by them. 3. Kandahar further states that the property has not been rented within the current guidelines by low, moderate or middle incomes. FURTHER AFFIANT SAYETH NOT. KANDAHAR INVESTMENTS, LTD. By Andrew V. Hecht, attorney -in -fact for Kandahar Investments, Ltd. The foregoing instrument was acknowledged to before me this loth day of January, 1984. WITNESS my hand and official seal. My commission expires: 1-21-85 v� � oil "V� otary ub is Addres : 601 E. Hyman Avenue Aspen, CO 81611 RONALD GARFIELD ANDREW V. HECHT KATHERINE HENDRICKS WILLIAM K. GUEST, P.C. HAND DELIVERED Planning and Zoning 130 S. Galena St. Aspen, CO 81611 GARFIELD & HECHT, P.C. ATTORNEYS AT LAW TELEPHONE VICTORIAN SQUARE BUILDING (303) 925-1936 TELECOPIER 601 EAST HYMAN AVENUE (303) 925-3008 ASPEN, COLORADO 81611 CABLE ADDRESS -GARHEC" January 31, 1984 Commission Re: KANDAHAR DUPLEX Dear Commission Members: This is a supplemental application to the application filed on behalf of applicant dated January 10, 1984. The applicant also would like to apply for an exception from the strict application of the provisions of the subdivision chapter of the Aspen Code ("Code") pursuant to Section 20-19 of the Code. Further, in support of the application, applicant states that strict application of the provisions of the subdivision regulations would be unduly burdensome and deprive the applicant of the reasonable use of its land. The exception is necessary for the preservation and enjoyment of a substantial property right as the Code permits the use of property as a condominium and the granting of an exception would not be detrimental to the public welfare or injurious to other property in the area in which the subject property is situates as the condominiumization of duplexes is permitted by the Code in such zones. Sincerely, GARFIELD & HECHT, P.C. By Andrew V. Hecht For Kandahar Investments, Ltd. AVH/mlc SUPPLEMENTAL AFFIDAVIT OF KANDAHAR INVESTMENTS, LTD. STATE OF COLORADO ) ss. COUNTY OF PITKIN ) Kandahar Investments, Ltd. ("Kandahar") after being first duly sworn upon oath, states and deposes as follows: 1. The monthly rental on the unit is $4,000.00 per month with the tenant paying for her own utilities. FURTHER AFFIANT SAYETH NOT. KANDAHAR INVESTMENTS, LTD. B Y Andrew V. Hecht, attorney -in -fact for Kandahar Investments, Ltd. The foregoing instrument was acknowledged to before me this day of January, 1984. WITNESS my hand and official seal. My commission expires: 1-21-85 J� 'Inn j2O Notary ublic Address: 601 E. Hyman Avenue Aspen, CO 81611 RONALD GARFIELD ANDREW V. HECHT ATTORNEYS AT LAW VICTORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE CRAIG N. BLOCKWICK ASPEN, COLORADO 81611 K.ROULHAC GARN RICHARD Y. NEILEY, JR. SPENCER F. SCHIFFER September 17, 1981 Planning & Zoning Commission Aspen City Hall 130 South Galena Aspen, Colorado 81611 Dear Members: TELEPHONE (303) 925-1936 TELECOPIER (303) 925-3008 CABLE ADDRESS "GARHEC" This is an application by Kandahar Investments, Ltd., whose address is 601 East Hyman Avenue, Aspen, Colorado, pursuant to §20-19 of the Municipal Code of the City of Aspen, as amended, for an exception from the definition of the term "subdivision" for the condominiumiza- tion of a duplex to be constructed in Aspen, Colorado. The applicant submits that since this is nearly a subdivision of a duplex to be constructed, to require proceeding through the entire subdivision procedure would deprive the applicant of the reasonable use of its land. Furthermore, the applicant submits that exception is necessary for the preservation and enjoyment of its substantial property rights. Finally, since this is merely a subdividing of a duplex structure which is permitted under the zoning regulations, there will be absolutely no increase in density as a result of the granting of this exception and therefore, the granting of the excep- tion would not be detrimental to the public welfare or injurious to other property in the area. Because a new structure is to be located on the applicant's property, no decrease in the amount of low and moderate income housing would result from condominiumization of the duplex. The applicant submits that because this is a new construction on its property, no detrimental effects would result from condominiumi- zation. Furthermore, the applicant submits that the requirements of §20-20 of the Municipal Code of the City of Aspen will be complied with wherever applicable. Therefore, approval of this application is respectfully requested. ruly Investments, Ltd enc. �r CITY P. ASPEN 130 ah galena reet aspen -;,'color 1611 - 303-925 MEMORANDUM TO: Planning Office, Ric Crice FROM: Barry D. Edwards DATE: January 30, 1984 RE: Kandahar Duplex Condominiumization Paul J. Taddunc City Attorney Barry D. Edwards X Pax Assistant City Attorney Peggy Carlson Administrative Assistant We have reviewed the January 10, 1984 application of Andrew V. Hecht for the applicant, received January 16, 1984. We have the following comments at this time: 1. After telephone communications with Andy Hecht, it is apparent that he will be filing an additional verified application under Sec. 20-19. When that application arrives, we'll offer our comments. It should be a standard exception process, subject to council approval. 2. We need better information on the actual use and rental of the duplex. For example, the definition of "luxury unit" in the attached affidavit requires some addi- tional information. And, we need to know the rental price for the unit that has been rented. 3. An inspection for hazards should be arranged under Sec. 20-22(e). 4. The applicant should furnish a copy of its title insurance policy regarding ownership. If you have any further questions or comments, please contact us. MEMORANDUM TO: Richard Grice, Planning Office FROM: Chuck Roth, Engineering Department 6-e- DATE: January 30, 1984 RE: Kandahar Duplex Condominiumization Having reviewed the above application and having made a site inspection, the Engineering Department has the following comments: 1. Judging from the number of omissions from the plat and from the lack of a surveyor's signature, this plat has not been examined by a registered s rveyor prior to submission to the Planning Office. The Engineering Department will no longer review plats which have not been signed and stamped by a surveyor. 2. Items lacking on the plat: water meter locations, ownership of the yard, designation of trash area, encroachment license for concrete pads, monumentation of corners, title certificate, mortgagee's statement, zone district, current City certificate language and mayor. 3. Parking spaces must be indicated. One space is needed for each bedroom, totalling four spaces for each side of the duplex. 4. The subdividers must consent to join improvement districts in accordance with current language from the City Attorney's Office. 5. The required height for a parking space (7'-0") does not appear to have been met according to the elevations on sheet 2 of the plat, in the garage . 6. The legal description (two places) is incorrect and should be: Fractional Lots G, H and I, Block 20, Original Aspen Town - site and Fractional Lots 7, 8 and 9, Block 20, Hallam's Addition. cc: Jay Hammond, Assistant City Engineer Louis Buettner, City Surveyor MEMORANDUM TO: City Attorney City Engineering Department FROM: Janet Weinstein, Planning Office RE: Kandahar Duplex Condominiumization DATE: January 16, 1984 Attached for your review is an application submitted by Andrew V. Hecht on behalf of Kandahar Investments, Ltd. for the condo- miumization of the Kandahar Duplex which is located on the north- west corner of North and Fifth Streets. This case has been scheduled for review by the Aspen City Council on February 13, 1984. Please return your referral comments to Richard Grice of the Planning Office no later than January 30, 1984 in order for Richard to have adequate time to prepare for its presentation before City Council. Thank you. SAFECO I. D. No. 10413-CC +, 0 0 0 78 COMMITMENT FOR TITLE INSURANCE Issued from the offico of TRACY TITLE LTD. 601 East Hyman Street Aspen, Colorado 81611 SAFECO TITLE INSURANCE COMPANY a California corporation, herein called the Company, for a valuable consideration. hereby commits to issue its policy or policies of title insurance, as identified in Schedule A. in favor of the ;,rowsed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A. upon payment of the premiums and charges therefor. all subject to the provisions of Schedule A and 6 and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the el,ee:ive date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided :'hat the failure to issue such policy or policies is not the fault of the Company. In Witness whereof, SAFECO Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. but this commitment is to be valid only when it bears an authorized contersignature. Secretary ?•rs +irn: .................................................. An AWhon2ed Signature ALTA COMMITMENT - 1966 (COLORADO) COP-288 (Re-,. 10.79) COMMITMENT FOR TITLE INSURANCc SCHEDULE A 1. Effective Date: MARCH 24, 1982 AT 3:00 A.M. Case No. SP-82-1406(C2) 2. Policy or Policies to be issued: A. ALTA Owner's Policy Proposed Insured: B. ALTA Loan Policy Proposed Insured: UTE CITY MORTGAGE COMPM.TY AND/OR ASSIGNS Endorsement 100 C. Endorsement 100.29 Endorsement 101.2 ,L'-Ii `/-- Tax Certificate Premium Amount S___-----_.__-- Amount S 950,000.00 �$1,549.00 $ 25.00 Amount S $ 183.45 $1,425.00 $ 5.00 Total Charges $3,187.45 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: IN FEE S IMPLF. 4. Title to the_ __ fee,___ . -----.estate or interest in said land is at the effective date hereof vested in: KANDAHAR INVESTMENT, LTD., A BRITISH VIRGIN ISLAND CORPORATION 5. The land referred to in this Commitment is described in Schedule C. Fractional Lots 7, 8 and 9, Block 20, Hallam's Addition, and Fractional Lots G, H and I, Block 20, CITY AND TOWNSITE OF ASPEN, County of Pitkin, State of Colorado. SCHEDULE A ALTA Commitment - 1966 COP-288A (Rev. 5-81) SAFECO � r r > COMMITMENT FOR TITLE INSURANCL SCHEDULE B — Section 1 REQUIREMENTS The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate to be insured. Item (b) Proper instruments creating the estate or interest must be executed and duly filed for record, to -wit: (d) Release by the Public Trustee of the County of Pitkin of the Deed of Trust from Michael D. Lange for the use of Ute City Mortgage Company to secure $277,500.00, dated July 25, 1980, recorded July 25, 1980 in Book 392 at Page 292_ NOTE: Assignment of the above Deed of Trust to American Savings Association of Kansas, Wichita, Kansas, recorded July 25, 1980 in Book 392 at Page 296. (e) Deed of Trust from Kandahar Investment, Ltd., a British Virgin Island Corporation, to the Public Trustee of the County of Pitkin for the use of Ute City Mortgage Company to secure $950,000.00. (f) Verification of corporation's legal and current existence issued by the proper authority of that country, to include evidence of authori- ty of the person or persons signing on behalf of the corporation, and to contain an English translation if such is necessary. (g) Corporate resolution authorizing the borrowing and execution of the loan documents, note and Deed of Trust. (h) Approval by Safeco Title Insurance Company of an Indemnity Agreement executed by Kandahar Investment, Ltd., a British Virgin Island Cor- poraitica and by Arthur M. Pastel, individually. U (i) Good and sufficient survey of the sub�ject property, approved by Tracy �y. Title, Ltd. TV /7? , r��X' f�.�r/�►✓ � iL'IS$ve� �✓tl+� NOTE: Items 1, 2, 3,(4;and 5 of Schedule B - Section 2, will be eliminated from the policy upon satisfaction of Requirements (h) and (i). Item (c) Payment of all taxes. charges, assessments, levied and assessed against the subject premises which are due and payable. SCHEDULE B - SECTION I ALTA COMMITMENT - 1966 COP-288B x (1 217a) SAFE%O —OMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 2 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed to the satisfaction of the Company. 1. Rights or claims of parties in possession not shown by the public records. 2. Encroachments, overlaps, boundary line disputes, and any matters which would be disp'osed by an accurate survey and inspection of the premises. 3. Easements, or claims of easements, not shown by the public records. 4. Any I.an, 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 or special assessments which are not shown as existing liens by the public records. 6. Defects, liens, encumbrances, adverse claims or other matters, if any, created. first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 7. In addition, the Owner's Policy will be subject to the mortgage, if any, noted under Item (b) of Section 1 of Schedule B hereof. Exceptions numbered are hereby omitted. SCHEDULE B - SECTION 2 ALTA COMMITMENT - 1966 COP-288BB X (12/78) JAFECO CASELOAD SUMMARY SHEET City of Aspen No. Staff: PROJECT NAME: �1►v.��`►��l �•x�\est �ov��ow...��.,►•..��A��o.. APPLICANT:-k•�.��..k� �...,�t�•...5 l�k'9. Phone: REPRESENTATIVE: kan Phone: (kZs• \Ri6 TYPE OF APPLICATION: I. GMP/SUBDIVISION/PUD (4 step) 1. Conceptual Submission 2. Preliminary Plat 3. Final Plat II. SUBDIVISION/PUD (4 step) 1. Conceptual Submission 2. Preliminary Plat 3. Final Plat III.EXCEPTION/EXEMPTION/REZONING (2 step) ✓ IV. SPECIAL REVIEW (1 step) 1. Special Review 2. Use Determination 3. Conditional Use REFERRALS: ✓ Attorney Engineering Dept. Housing Water City Electric FINAL ROUTING: (Fee) ($1,840) ($1,120) ($ 560) ($1,290) ($ 830) ($ 560) ($1,010) �$ 466, 14'Pto.06 Date Referred: / LlG 9V Sanitation District Mountain Bell Parks Holy Cross Electric Fire Marshall/Building Dept. _j_Attorney 15( Engineering Building Other Date Routed: School District Rocky Mtn. Nat.Gas State Hgwy. Dept. Fire Chief Other DISPOSITION: CITY P&Z REVIEW: CITY COUNCIL REVIEW: vim- �J6ws: "Move to approve the Kandahar Subdivision Exception subject to: 1. The preparation of a plat meeting the Final Condominium Plat requirements of Section 20-15 to be approved by the City Engineer prior to recording; 2. Subject to the preparation of a "Statement of Subdivision Exception" to be approved by the City Attorney prior to recording; 3. Subject to the applicants agreement to join any improvement districts which may be formed in the area in the future; and 4. Compliance with Section 20-22 requirements, specifically: a: That tenants be given written notice when their unit is offered for sale and they will have a 90-day non -assignable option to purchase. In addition, each tenant shall have a 90-day exclusive non -assignable right -of -first -refusal which shall commence when a bona fide offer is made by a third person; and b. All units shall be restricted to six month minimum leases with no more than two shorter tenancies per year." MEMORANDUM TO: City Council FROM: Richard Grice, Planning Office RE: Kandahar Duplex Condominiumization DATE: February 13, 1984 This is an application for Subdivision Exception pursuant to Section 20-19 of the City code. Exception is requested for the condominiumi- zation of this duplex located on 9,000 square feet (Lots G, H and I, Block 20, Original Aspen Townsite) located on the corner of North and 5th Streets. A Supplemental Affidavit was provided which indicated that the rental unit is a luxury unit with a monthly rental of $4,000 per month, well above employee housing guidelines. The Engineering Department noted a number of problems with the plat which must be correct prior to recording. The City Attorney's office has not identified any significant legal problems but requested approval be subject to a "statement of Excep- tion" to be approved prior to recording. We did not submit this application to the Building Department since the subject duplex is less than two years old and therefore not subject to the "life, health and safety" requirements. The Planning Office recommends approval with the following motion: "Move to approve the Kandahar Subdivision Exception subject to: 1. The preparation of a plat meeting the Final Condominium Plat requirements of Section 20-15 to be approved by the City Engineer prior to recording; 2. Subject to the preparation of a "Statement of Subdivision Exception" to be approved by the City Attorney prior to recording; 3. Subject to the applicants agreement to join any improvement districts which may be formed in the area in the future; and 4. Compliance with Section 20-22 requirements, specifically: a. That tenants be given written notice when their unit is offered for sale and they will have a 90-day non -assignable option to purchase. In addition, each tenant shall have a 90-day exclusive non -assignable right -of -first -refusal which shall commence when a bona fide offer is made by a third person; and b. All units shall be restricted to six month minimum leases with no more than two shorter tenancies per year." TRACY TITLE, IJD. NUMBER 3 601 E. Ilymar Ave., Suite 103 Aspen, Co. 81612 (303) 920-1123 Fee $50.00 Ownership and Enctimbrancc Report The Company hereby certifies from a search of the Company's property account (compiles from records contained in the Pitkin County Clerk and Recorder's office) that the real property described below is vested of record in the name of: Kandahar Investment, Ltd., a British Virgin Island Corporation t Description of real property: Fractional Lots 7, 8 and 9, Block 20, Hallam's Addition, and Fractional Lots 6, If and I, Block 20, City and Townsite of Aspen County of Pitkin, State of Colorado. and that there are no mortgages and/or Deeds of Trust recorded against said real property other than those for which a release appears of record and other than the following: i I Although we believe the information set forth herein to be accurate, the Company neither assumes, nor will it be charged with any financial obligation or liability whatsoever on account of any statement contained herein, except that should this report be found to be incorrect, our liability is restricted to the fee paid hereunder. This is not to be construed as an abstract of title, nor an opinion of title, nor a guaranty of title, nor a policy of title insurance. If obligation is to be assumed by the Company, application for title insurance policy or other title evidence must be made. Dated at Aspen, Colorado, this 25th day of _SEPTEMBER , 1981 ., at 8:00 A.M. TRACY TITLF, L'I'D. BY Authorized Signature Underwritten by SAFF.CO TITLE INSURANCE COMPANY 41 �S S Z fV� f /f - 1 � -2� +fie z U_ r� Q �> �. 2 A v� o w a J�Q ye .� �� er N co O 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 63714 Detailed Review 63715 Final Plat 63716 Special Approval 63717 Specially Assigned City 00100 — 63721 09009 — 00000 Conceptual Application 63722 Preliminary Application 63723 Final Application 63724 Exemption 63725 Rezoning 63726 Conditional Use PLANNING OFFICE SALES 00100 — 63061 09009 — 00000 County Land Use Sales 63062 GMP Sales 63063 Almanac Sales Copy Fees Other Name: L Project: Address: Phone: f Check No. Date: Receipt No. P KINE 19 1134 3-80 MC934. W WATER LINE W (PER CITY WATER MAP) W W W W CONCRETE DRIVEWAY "CONCRETE DRIVEWAY" L.C.E_ UNIT I L.C.E. UNIT 2 _ S75009'II"E 9000 ,.FOUND: CITY 0 2• m L.C.E. UNIT 1 L.C.E. UNIT 2 0 ------------- -------------- ------------- ------------ I.8 I 5 5 5,3 I I I I I I I nl N \ I N 1 L.C.E. UNIT I L.C.E. UNIT 2 N I I I N I I I I I I to I 4•o I O wo 0 L_—, I O F---� 3 OD 0 I 0 I \ \ M O rJ I M 00 o _ I r MULTI LEVEL WOOD FRAME HOUSE f O Oo N v O I I \ \ I Z 3 0 W I I T a_j l l I 0 zIT GAS 5 I METER L------I \`� mGAS METER I I �.� O - i- - n / 1 I i 1 PARKING `I/SPACES `I P F O MANHOLE INV. EL. 96-1 ALLEY I ca o 26�t L.G.E. UNIT I L.C.E. UNIT 2 l -F [)EN WOODEN I DECK 1" 13,5 W IC-55 0-7 IG-5 lD ------------— — — — — — — — — — — L.C.E.. UNIT I CE UNIT L2 ZONING R-6 I 1 I TRASH AREA I j P • P N 75°09' I I" W 90-00 W I/\I �J TER PANELS. 1 / I/ PARKING 1IVSPACES ` FOUND: REBARAND CAP L.S. 9184 . P P P OVERHEAD POWER , TEL. AND T.V. LINES G G G GAS LINE G(PER ROCKY MT. NAT. GAG) G G Q R G G TITLE CERTIFICATE irs THE UNDERSIGNED, A DULY -AUTHORIZED REPRESENTATIVE OF A CORPORATE TITLE INSURER REGISTERED TO DO BUSINESS IN PITKIN COUNTY, COLORADO, DOES HEREBY CERTIFY, PURSUANT TO SECTION 20-15(j) OF THE ASPEN MUNICIPAL CODE, THAT THE PERSONS LISTED AS OWNERS ON TH15 PLAT DO HOLD FEE SIMPLE TITLE TO THE WITH- IN - DESCRIBED REAL PROPERTY, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT THOSE LISTED ON THE TITLE INSURANCE COMMITMENT N°_ EFFECTIVE__________ -, ISSUE D BY STEWART TITLE GUARANTY COMPANY. ALTHOUGH WE BELIEVE THE FACTS STATED ARE TRUE, THIS CERTIFICATE 15 NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE, NOR AN OPINION OF TITLE NOR A GUARANTY OF TITLE, AND IT 15 UNDERSTOOD AND AGREED THAT STEWART TITLE OF ASPEN , INC., NEITHER ASSUMES, NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATEVER ON ANY STATEMENT CONTAINED HEREIN. CHARLES SMITH, EXECUTIVE VICE-PRESIDENT STEWART TITLE OF ASPEN, INC. G02 EAST HYMAN AVENUE ASPEN, CO . SIGI1 . STATE OF OJLORAOOj SS, COUNTY OF PITKIN SUBSCRIBED AND SWORN BEFORE ME THIS ....... fJAY OF_ ........ 1584, BY CHARLES SMITH, AS EXECUTIVE VICE-PRESIDENT OF STEWART TITLE OF ASPEN, INC. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES . NOTARY PUBLIC ADDRESS THE KANDAHAR CONDOMINIUM O V ITTER"S CERTIFICATE KANDAHAR INVESTMENT, LTD. A BRITISH VIRGIN ISLAND CORPORATION AS TO AN UNDIVIDED SS% INTEREST AND ARTHUR M. PASTEL AS TO AN UNDIVIDED IX. INTEREST AS OWNERS OF LOTS G, H, AND I, BLOCK 20, CITY OF ASPEN, COLORADO, HEREBY CERTIFY THAT THIS MAP OF THE KANDAHAR CONDOMINIUM HAS BEEN PREPARED PURSUANT TO THE PURPOSES STATED IN THE CONDOMINIUM DECLARATION FOR THE KANDAHAR CONDOMINIUM, DATED ------------- AND RECORDED IN BOOK -------- AT PAGE_____ OF THE RECORDS OF PITKIN COUNTY, COLORADO. BY' __ _ _ PRESIDEN, KANDAHAR INVESTMENT.LTD. T A BRITISH VIRGIN ISLAND CORPORATION. BY: __ -__ ARTHUR M PASTEL. STATE OF COLORADO COUNTY OF PITKIN J THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF _, le83, BY_______________ AS PRESIDENT OF KANDAHAR INVESTMENT, LTD., A BRITISH VIRGIN ISLAND CORPORATION AND ARTHUR M. PASTEL AS OWNERS OF KANDAHAR CONDOMINIUM. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES___ . NOTARY PUBLIC ADDRESS OF NOTARY_ ------------- SURVEYOR'S CERTIFICATE I, JAMES F. RESER , HEREBY CERTIFY THAT IN FEBRUARY, le83 A SURVEY WAS PERFORMED UNDER MY DIRECTION AND SUPERVISION OF LOTS G, H, AND 1, BLOCK 20, CITY OF ASPEN, COLORADO; THAT THE MULTI - LEVEL WOOD FRAME BUILDING WAS FOUND TO BE LOCATED AS SHOWN ON THIS MAP. THE LOCATION AND DIMENSIONS OF BOUNDARY LINES, UTILITIES, BUILDINGS, IMPROVEMENTS IN EVIDENCE OR KNOWN TO ME ARE ACCURATELY SHOWN ON THIS MAP, AND THE MAP ACCURATELY AND SUBSTANTIALLY DEPICTS THE LOCATION AND THE HORIZONTAL AND VERTICAL DIMENSIONS OF THE INDIVIDUAL AIR SPACE UNITS OF THE KANDAHAR CONDOMINIUM, THEREIN AND THEREON, THE UNIT DESIGNATIONS THEREOF UNDER, THE INSTRUCTIONS PROVIDED ME BY THE OWNERS, THE MEASUREMENTS OF THE SAID UNITS, AND THE ELEVATIONS OF THE FLOORS AND CEILINGS. ALPINE SURVEYS BY:___-_________ __ 1983. JAMES F. RESER L.S. e184_ A �� HERE'S v W GILLE E 4 oHALLAM 1GH�PK N�82 Om O � LAKE " ONCOti O �? O 0 oyo 0 o� OLk o�oN �OnoVOER \-JH `_�✓�oo=oQ�oo HOPKIN'+�K 4 0 0 0 0 ° N opL�O COLORADO DS7 Z S VICCHNIT Y MAID CITY OF ASPEN c 0 11>0M I\ I1 M APPROVAL THIS CONDOMINIUM MAP OF THE KANDAHAR CON OOMI NIUM WASACCEPTED BY THE CITY COUNCIL OF THE CITY OF ASPEN, PITKIN COUNTY, COLORADO, ONTHE _____JAAY OF ___-__ 1384,ANDWASSIGNED THIS______DAYOF----------- 1584. --------------------- KATHRYN KOCH WILUAM SnF-LING. CITY CLERK MAYOR CITY lENCGrEN EIER9S CCONDOMINHUM APPROVAL THIS CONDOMINIUM MAP OF THE KANDAHAR CONDOMINIUM WAS APPROVED BY THE CITY ENGINEER OF THE CITY OF ASPEN, PITKIN COUNTY, COLORAOC', THIS ---------- DAY OF __, 1583. CITY ENGINEER P LAM ENG AND ZONING CC(DMMISSI(DIET CCONDGMENNUM APPROVAL ` THI5 CONDOMINIUM MAP OF THE KANDAHAR CONDOMINIUM WAS APPROVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION THIS_________ DAY OF___________, ISS3. CHAIRMAN CCILIERK AND R ECCORD EWS CERTIFICATE THI5 CONDOMINIUM MAP OF THE KANDAHAR 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 ----------- DAY OF____________, 1583 AND WAS DULY FILED IN BOOK AT PAGE________. RECEPTION Nam___________. PITKIN COUNTY CLERK AND RECORDER. 0 5 10 20 30 40 50 60 SCALE: I" = 10' BASIS OF BEARING; S 13°3008"W BETWEEN CITY MONUMENT 8 PLASTIC CAP AT S.E. CNR. LOT 1. LEGEND: G.C.E. GENERAL COMMON ELEMENT L.C.E. LIMITED COMMON ELEMENT C.H. CEILING HEIGHT DATUM: B.M. S.W. CNR. COURTHOUSE, ELEV. 7906.80 NOTES: I. THE BUCHANAN MAP OF 1959 SHOWS A CURVE ALONG THE EASTERLY BOUNDARY OF LOT I . IT IS THE SURVEYOR'S OPINION THAT NO CURVE EXISTS ALONG LOT I . 2. QUIET TITLE ACTION No- 3090 DATED JULY 31,1958 QUIETED TITLE TO WHAT MAY BE FRACTIONAL LOTS AT THE NORTH END OF THE PROPERTY. NOTICE: According to Colorado law you must commence any legal action u upon any °elect m mis survey wimm six years after you first discover such detect. In no event may any action based upon any detect in this survey be commenced more than ten years from the date of the certification shown hereon. HINifine aurvey5 Post Office Box 1730 Aspen, Colorado 81611 303 925 2688 Surveyed FEBRUARY 24 TH. 1063. Revisions Drafted FEBRUARY 13 TH. I15811-. Title THE KANDAHAR CONDOMINIUM SHEET 1 OF 2 Job No 83 -17 Client 5 TH. ST. ASSOC. of 19 1154 5-80 MC954. LEVEL A. MAD o MECHQWAL LEVEL B o ENTRY & GARAGE C.H. 7.9 C-H.7.9 C.H. 79 C.H. 79 57 51 C.H. 8.6 C.H. 15 6 fi 0 10 N n to 0 Vm � O T C.H. 10'8 p C H. 10.8 �0 V �� - oa 0i, 0.4. ------ ---- ----- ----- ---- ------ C.H. 11.5 ,0 cn to C.H. II.3 -_ 0404 -_ N 5, 5 N N 565 N 04 04 o--- ----- --- f S•6 -} C.H-7-5 C.H.7.5 U, f 5.6 �, ip C.H. T-5 N 9C.H.B•Oy 04 0.4 o O 2 0 0, 0-4 D l9 _ - - 0 G.H. 8.0 C.H. 8-0 9-85 5�65 8.9 85 5-65 9-85 5.5 5.5 C.M. 12.E = 3 C.H. 12.E 3 9.8 9 8 LEVEL D . :EDROO ( 12.2 LEVEL E . MASTER :ED{�000M IL--___JI 1 NORTH ELEYAMN LJ LJ 0 906'98 o-7903.20 LEVEL E. 07898-50 LEVEL D 0769B-80 LEVEL C- 07889-10 LEVEL B (ENTRY) _0-IS87.30 LEVEL B (GARAGE II , 11 078E-040 LEVEL A 2A6 C.H. B•2 N c1 7512 23 - 0- ___ ____"2.3 ,W o7-9OG-98 Up p (� II 0� 2 0 90528 0 903.20 LEVEL E uv CH. 88 0 898.50 LEVEL D N 3.5 8.O b 07893•B0 LEVEL C 0 A7 _0 893.31f DECK - 07889.10 LEVEL B (ENTRY) 0.35 0782T-30 LEVEL (GARAGE tt OUTSIDE N Ip DECK tb 935 EAST ELE V!/,1M V 1 tinyctwws eorvew with rnucommence any leg ai action Alpine Surveys Surveyed FEBRUARY 2-TH. 1963. Revisions based upon any defect in this survey within sixx years after you first discover Drafted such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. 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