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HomeMy WebLinkAboutcoa.lu.ex.125 W Hyman St.1977 (2)m CARTER tip /2� W. F RANC: I S X . 1 , Recorded 3:05 P.M. Oil 4,1978 Julie Hane Recorder Reception # STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION WHEREAS Harvey Carter is the owner of a parcel of land located in Pitkin County, Colorado, more particularly described as: Lots C and D, Block 16, City of Aspen Pitkin County, Colorado WHEREAS the Applicant has an existing duplex located on Lots C and D, Block 16, and WHEREAS Applicant has requested an exemption .from the definition of subdivision for the purpose of subdividing G the existing duplex through condominiumization, and WHEREAS the Aspen Planning and Zoning Commission, at its meeting held on the /-$0- day of 19 , deter- mined that an exemption from the detinition of subdivision is appropriate and recommended that the same be granted, and WHEREAS the City Council determined that the subdivision of the existing duplex through condominiumization is not within the intent and purpose of the subdivision ordinance 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 Lots C and D, Block 16, City of Aspen, by its condominiumization, is not within the intents and purpose of the subdivision ordinance and does, for such reason, grant an exemption from the definition of such action, PROVIDED, HOWEVER, that any existing tenants be given written notice when their units are offered for sale, which notice shall specify the sale price. Each tenant shall have a 90-day option to purchase this unit at this price. In addition, each tenant shall have a 90-day exclusive non -assignable right of first refusal to purchase his/her 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 90-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, and, provided, however, that all units shall be rest 'cted (6) month minimum leases with no more than tw /�2) or!ix- tenancies per year. DATED: March �1978._- __ - I, KATHRYN S. HAUTER, do hereby certify that the foregoing Statement of Exemption from the Definition of Subdivision was considered and approved by the Aspen City Council` at its regular meeting held Monday, "J"Levenc_1�.vZ� 19-il-, at which time the Mayor, Stacy Standley, III, was a''horii:ed._to execute the same on behalf of the City of Ash e��. , � S��•• 1J; _ THRYN S UTER, CITY CLERK + o - STA "--07 "COLORADO ) ) ss. IX3UI4TY OF PITKIN ) The foregoing was acknowledged before me this g day of March, 1978, by Stacy Standley, III, and Kathryn S. Hauter, personally known to me to be the Mayor and City Clerk, respectively, of the City of Aspen. Witness my hand and official seal. expires ry � . 40 ''''r gz'25 Notary Putlih��� �';► . My commission s -2- to • I* eguDir Meotinc} Aspen City Council November. 14, 1977 I f a structure. There were two concern!; voicod by the P 1, Z. There had been an oxtra I nit in the ba::canrsnt. The build+nq department i.nvcr;;tigated thi;;. Thc,re i-s a Novc�mher 14 emor.andum from Poyc:r llukensL:ccl who ine;f,ected t.hc• building. `1'her:e wac a courL..c>icicrr to emove the third unit. Clayton Meyr..ing, building inf;pc•et.or:, found that all thin(l:; had een dualL with c.-xcupL the 220 vleclr..ixAt•y. 1'he planni nci oCf.i.cc rc c ur wr nd:; that Council!----., pprovc• the ubclivi ;ioll excvmpt.ion subjf:cL to the t hrecr ,tand.u-(I e r.i l erin, (1) six month inimum lease, (2) 90 clay first- right of rcfusal., and (3) and payment of the park dedi.ca- ion fee, and that prior to recording tha 220 service be removed. ouncil.inan Behrendt moved to approve the subdivision c>•.c•my,tion with the three st"andrerd onditions as listed and that the 220 be removed; seconded by Councilman Van Ness. All in ayor, with the exception of Councilman llershey. Motion carried. UBDIVISION EXEMPTION = Heller Triplex ane explained to Council this is a three unit triplex on the corner of Waters and West nd. City Engineer Dave Ellis i.ns)ject.t!d the site and found the sidewalk non-existent and shod they install a sidewalk. The planning office recommends approval of the subdivision xempt.ion with six month minimum lease restriction, 90 day right of first refusal, and ayment of park dedication fees, and satisfaction of the City Engineer's requirement to nstall a sidewalk. Kane told Council that all units were about the same size, 800 square: eet. ideon Kaufman, representing Boller, told Council that upon inspection of the promises, it how- that: no one has sidewalks within two blocks of the place. Kaufman suggosti.ng oi.ning a sidewalk improvement district and not putting in a sidewalk until other people o. ounc.ilwoman Johnston moved to approve the subdivision exemption'witFr the four conditions s outlined; seconded by Councilman Hershey. ouncilman Van Ness stated he had never seen anything beneficial about sidewalks in a esidential area. Cement pavements is inconsistent with what Council stands for. Counci.l- omar. Johnston withdrew the condition for sidewalks from her motion. ity Unclineer Ellis told Council that generally he has not asked for sidewalks where there re none or where it does not appear to be likely in the future. This is a vcr high ensity area, and the sidewalk is approved on the sidewalk plan approved in 19"7 . 11 in favor, with the exception of Councilman Behrendt. Motion carried. UBDIPISION EXEMPTION - Carter Duplex , ane told Council this Duplex is located at 729 West Francis. The planning office ecommends approval with the three standard conditions; six month rental restriction, 0 day right of first refusal, and payment the earl, flnrticai-inn f— ouncilwoman Johnston moved to approve the subdivision exemption with the conditions as utlined; seconded by Councilman Hershey. All in favor., motion carried. UBLIC HEARING - Use of Revenue Sharing Funds ayor Standley opened the public hearing. Councilwoman Johnston pointed out that the ederal Government will accept a mid -census figure, which is being done now, and which ,ay enlarge Aspen's revenue sharing funds. Mayor Standley told Council it is a Federal equirement to have a public hearing on the use of revenue sharing funds, which arc: a art of the City's budget. ayor Standley closed the public hearing. RDINANCL' 1154, SrmllP,S OF 1977 - Rio Grande SPA rezoning ,ayor Standley opened the public hearing. There were no continents. Mayor Standley closed he public hearing. ouncilman Van Ness moved to read Ordinance #54, Series of 1977; seconded by Councilman 'arry. All in favor, motion carried. ORDINANCE #54 (Series of 1977 ) AN ORDINANCE RLZONING TIiE APPROXIMA'TI:LY 11.50 ACRLS OF LAND 01.1NED BY THL' CITY OF ASPEN AND KNOWN AS Till' "1,1.0 GRANDE" PROI`ERTY, ACCORDING TO AN APPROVED SPECIALLY I'LANNI D AR1:A MASTER PLAN FOR THE' SITE, Tilt' I:L] HLNTS OF WHICH MASTER PLAN WILL CONSTITUTE 11,111; DIWPLOPMENT REGULA'.I'1ON i FOR 'PHI; AREA ALIT AS PROVIDED I3Y ARTICLE V11 OF CHAPTER 24 01' THE ASPEN MUNICIPAL CODE was read by the city clerk 'ouncilwoman Johnston moved to adopt. Ordinance #54, Series of 1977, on second re,lding; ecoruled by Councilm.ur BchrendL. ]toll call vote; Counci lmrmbers Hchrondt, aye; Her <;hcy, ye; Johnston, aryv; Parry, aye•; Van Noss, aye; Wishart, aye; Mayor :lnndley, aye. Motion arried. rRD:1NAN1'1' # 5G, SI:R11-:s OF 15177 - Water Main Fxten::ion Out:;idc• CiLy Limits layor Standley olu•nod the puhli.c hearing. There wrl:e rlca oollluu•ntr;. M;ryor Standley clo:;rd .110 Eaul,l .i c he'll-i ny . ti I C� E TO: FROM: M E M O R A N D U M Aspen City Council Planning Office (KS) RF: Subdivision Exemption Applications: Moore Duplex Heller Triplex Carter Duplex DATE: November 9, 1977 Over the last several weeks, the Planning and Zoning Commission has considered several subdivision exemption applications involving two duplexes and one triplex. Each of them requests permission to condo- miniumize. Because City Council has not acted'on the proposed condo- miniumization ordinance, the City Attorney has advised us that we may not consider any factors regarding the conversion's impact on the supply of low and moderate income housing other than adopted Council policy to condition such conversions on a 90 day right of first refusal, six month minimum lease restriction, and payment of the appropriate park dedication fee. The details of each application are summarized below. The Planning Office will bring copies of the improvement survey to your meeting. MOORE DUPLEX This duplex owned by Barabar McLaughlin Moore is located at 810 West Smuggler, Lots P and Q, Block 8, of the original Aspen townsite. The lot constitutes 6,000 square feet, which in the R-6 zone district, is substandard in size by 3,000 square feet. It has been the practice of the City not to look to zoning compliance when reviewing subdivision exemption for condominiumizations of existing buildings. The standard rather has been compliance with subdivision design standards such as (1) roads, paving, and curbs; (2) land surveys, and (3) proper utilities access and easements. The City Engineer, by memorandum dated October 11, 1977, has certified that the improvement survey shows such conformance. He noted, however, that the second story balcony is built at the property line in violation of the side setback requirement of five feet. Planning and Zoning discussed this peculiarity, but determined, again, that this was a matter of zoning non-compliance of an existing structure and that it was not warranted or appropriate to deal with it through the subdivision exemption procedure. In view of the application's compliance with subdivision design standards, full subdivision processing is not necessary. The change in form of ownership does not have any additional land use impacts and thus exemption from the full procedure is appropriate. The Planning and Zoning Commission therefore recommended approval at their October 18th regular meeting subject to: 1. The 6 month minimum lease restriction. 2. 90 day right of first refusal to existing tenants. 3. payment of the appropriate park dedication fee (which the City Manager and the Planning Office have checked and certified). Memorandum Page Two November 9, 1977 One final condition attached by the Planning and Zoning Commission was to correct any single family deed restriction pertaining'to the property. One P&Z member pointed out that he believed there was such a deed restriction. 11s. Moore's attorney, however, has not found such to exist and we are.checking further with the City Attorney. We have also.asked Clayton Meyring to'inspect the premises and certify that an illegal. third unit in the basement has been removed. In summary, then, there are 5 conditions that might be attached to any approval. HELLER TRIPLEX Nick Heller requests subdivision exemption to condominiumize'a triplex located on Lots R and S, Block 113, Aspen, just northwest of the corner of Waters Aven6e and West End Street. Zoning for the area is RMF. The lot is 6,9UO square feet; if zoning compliance were an issue here, the lot would be only slightly deficient as three 2-bedroom units would require 6,300 square feet. The City Engineer has reviewed the plat and indicates that most engine- ering concerns are satisfied. Dave Ellis does ask that a condition of subdivision exemption approval be construction of a sidewalk along the West End Street frontage. The applicant has provided us additional information regarding disposi- tion of the units, each of which is 800 square feet. Mr. Heller currently resides in one and will continue to do so, he plans to rent long term the second. The third unit will be sold at the price of approximately $65,000. Inasmuch as the intent of the subdivision regulations have been met, the Planning and Zoning Commission recommended approval at their October 18th meeting subject to: 1. 6 month lease restriction 2. 90 day right of first refusal to existing tenants 3. payment of the park dedication fee 4. Satisfaction of the City Engineer's requirement of a sidewalk +CARTER DUPLEX The Carter duplex is located on a 6,000 square foot lot in the R-6 zone district at 729 West Francis Street. Annie and Harvey Carter are asking subdivision exemption approval in order to condominiumize the seven -year -old two story structure. Dave Ellis has made a site inspec- tion and reviewed the improvement survey and makes favorable comment. We again find that the change in ownership has no additional land use impact, and inasmuch as the intent of the subdivision regulations have been met, the Planning and Zoning Commission recommended approval of the exemption at their November 1st meetint subject to: 1. Six month minimum lease restriction 2. 90 day right of first refusal to existing tenants 3. Payment of the appropriate park dedication fee RECO13D OF PROCEEDINGS 100 •Leaves long " C. F. MUCKlL !. S. p L. CO. Regular Meeting Planning and Zoning Commission November 1, 1977 questioned the public benefit. Klar asked if he foresaw any problems. He said no but questioned the real need for it. Klar disagreed. Isaac felt the location and scope of the C-1 district is such that the community would not be hurt by having such a use in this district. The wording of the amendment is such that it limits the uses strictly. Schuhmacher noted that to say "non -tourist" does not mean much any snore as there are many locals now. Klar said that they have been this close to amending this issue before and now that they have it down, they should approve it. Schuhmacher asked what Webster's dis- tinction is between "menu" and "fare" as this was one of the word changes in the amendment. Smith said that was a suggestion by City Attorney, Dorothy Nuttall. Isaac moved to recommend to City Council that they find as a condi- tional use in the C-1 district a coffee shop or food service intend- ed as a non -tourist oriented sit-down facility with a limited fare of specialty items, to be served as accompaniments to such activities as reading, playing chess or other passive activity, and provided that the operation: 1. Has no kitchen, 2. No food preparation other than warming on the premises, 3. No liquor serviced on premise: Klar seconded. All in favor, motion carried. Baranko re-entered the meeting. Music Studio for Smith explained the application. This application is proposed for Classical Records - the former Aspen Valley Realty in the Victorian on the corner of Use Determination 7th and Main. The proposal is for a music salon with a library -type in 0-Office District atmosphere where listening will be encouraged in addition to selling records and tapes. The Board is to find it compatible with permitter: uses in this district. She said it is a justified application. Musi studios are a permitted use although this is not specifically a studi as they are intended for instruction. She recommended against tabling this case even though the two applicants could not attend thi. meeting. Hedstrom asked if this wasn't just an application for a record store that is glossed over with words like "salon" and "classical music" but is essentially a record store. Smith said basically, yes. She said that the Board had seen the same application in another distric that turned out poorly due to misrepresentation. This application i entirely different. Isaac asked about parking. Smith said it was a potential problem. This would be resolved in the conditional use hearing. There are 5 or 6 spaces there now shared with the Hickory House which uses mo: of them. Schuhmacher asked if they intended to use the entire building. SmP said yes, the first floor for the studio and the second for re 4 id el:, and their offices. Ensign moved to find that a classical record 1rus-c salon ir; a 11so permitted conditionally in the 0-Office Zcn e, Isaac seconded. ALI in favor, motion carried. Carter Duplex Smith explained the appli.c.iti.on. She noted that the City l?n};iueer Subdivision has no problems with this application. Exemption Isaac asked if anyone was moving out. Kauffimni said .it would possi bly be bought for employee housing. Klor moved to recommend exemption to the strict: application of the subdivision regulations ;applying to the Carter Pliplex Condomirliunli zat ion, in.lsnnlch as the intent of the 1-0L;u1:1t ion:; have been .•ompl it ,. 0 Regular Meeting Planning and Zoning Commission November 1 1977 g g g � with and subject to payment of the park dedication fee, 6 month mini- mum lease restriction, 90'day right of first refusal to existing tenant: Ensign seconded. All in favor, motion carried. Isaac moved to adjourn, Klar seconded. All in favor; meeting adjourned at 6:45 PM, to an informal discussion of the Creektree Final Plat. S eryl mmen, Deputy City Clerk a M E M O R A N D U M TO: Aspen Planning and Zoning Commission FROM: Planning Office (KS) RE: Carter Duplex Condominiumization DATE: October 27, 1977 Annie and Harvey Carter are requesting subdivision exemption for the condominiumization of thier duplex at 729 West Francis Street. The duplex was constructed seven years ago and is zoned R-6. They argue that full subdivision reviews are not warranted inasmuch as the improvement exists and no additional land use, density, or resource impact is involved. Pending comment to the contrary by the City Engineer, we would agree with the justification for exemption and recommend approval subject to: 1. Payment of the park dedication fee 2. Six month minimum lease restriction 3. 90 day right of first refusal to existing tenants City Council has not acted on first reading of the condominiumization ordinance, so no further information relevant to the housing impact of the conversion has been requested. lmk 0 FEE SCHEDULE (Subdivision, Exemption from Subdivision, Rezoning,40ark Dedication) Name of Project: Harvey Subdivision Exemption Address: 729 West Francis Applicant's Name: Harvey Carter Phone: Applicant's Address: 729 West Francis FOR ZONES WHICH ARE R-15, R-30, R-40, RR and CONSERVATION the Subdivision Fee Formula is as follows: Conceptual $100 + $5.00/dwelling unit Preliminary $22.00/dwelling unit Final $3.00/dwelling unit FOR ALL OTHER ZONES the Subdivision Fee Formula is as follows: Conceptual $100 + $60.00/acre of land Preliminary $280.00/acre of land Final $35.00/acre of land )( EXEMPTION FROM THE DEFINITION OF SUBDIVISION FEE: $50.00 11-9-77 REZONING APPLICATION FEE: $125.00 (once a year) PARK DEDICATION FEE SCHEDULE r:corrl or p,•Ur r_Ln*.N ;s u: Lr:,vcs current market value of a percentage of t!:e land proposed as the development site, the Percentage of the land beinq determined at the rate of two and one-half (2',) acres for every one thousand (1,000) residents of the proposed development- (that is, the nummbcr of residents Multiplied by twenty-five ten thousan.iths (.0025) of an acre per resident). She number of residents attributable to the development shall be calculated in the following runner: Type, of Dwelling - Nmaber of Residents Per Dwelling Unat 21ulti-Family studio 1.0 one bedroom 2.3 two bedre_m 2.7 three bedroom 4.0 and 1.3 for each additional bedroom Single Family or Duplex one bedroom 1.3 two bedre_m 2.7 three bcc_.em 4.0 and 1.3 for each additional bedroom A duplex structrre shall constitute two dwelling unitr for purposes c: this suosection_ (3) Aa exa.nvle of the application of the above forrmla is as fellcws, asrur..inc the ez;nstruction of one sincle ir.-iily resi'ence ccnta.n_,nq 24.n bcdroo:zr.. on a let eontaan:nq 15,coo s.-.::arc feet with a r:arket value of $65,000_00 (or $4-33 per square foot): 2.7 (2 bedroom - 2-7 residents) x 0.0025 acres x 43,560 (_ quart feet prr acre) x $4.33 (riar- ket value of land per squize foot) - 51,273.15 (h) Unir,Lrnved land shall be appraised at the current r..!vt viluc• of the• site in.ludina it, valuo• attrrhntab]e to cur!,, quttc•rs•ntrn ot, _.cc•walk end utalit;cr• :t installed OnthW d�Tc O: p,•Ta:at ]rr ovc d lanais srwii 1,. rf : c._, .1 ..c. ord.n,• to their hi I!wl I . r:d l,•si uc. t4kl.�q onto ens.. lrza- tion exir.tinq s'-n,c-tu:c-:; w1wilic•r cT not th,•y .,TO coutorr�an,t. `�rL. t va]uc• su,,rt,at..+t+ by a documented purcliasr price (if an Arm•s length trans.,ct lull not c."'. e than tw., y.•.0 s T la) oc by any other reC0gni7(•d ncvnn; ,irovidod that assessed Val I'at R'l, .'1.i 11 nc-t ha if-li,•d on an c•vrd,•nre of current. rutl.rt tvlue. In the cv,•r.t thr City ::nd cusroNlER CITY OF ASPEN FINANCE DEPARTMENT CASHIER'S RECEIPT 01-111 LICENSES & PERMITS 01-111 FINES & FORFEITS 511 ❑ BUSINESS LICENSES 561 ❑ COURT FINES 512 ❑ SALES TAX LICENSES 562 ❑ COURT BONDS - FORFEIT 513 ❑ BEER - WINE - LIQUOR LICENSES 563-01 Cl TOWING FINES - IMPOUND 514 ❑ CONTRACTOR'S LICENSES 563-02 ❑ TOWING FINES - NOT IMPOUND 516 ❑ LIQUOR LICENSE APPLICATION 564 ❑ TRAFFIC FINES 517 ❑ DOG LICENSE 566 ❑ FALSE ALARM FINES 518 ❑ CENTRAL ALARM LICENSE 568 ❑ DOG IMPOUND FINES 519 ❑ BICYCLE LICENSES 569 ❑ OTHER FINES & FORFEITS 520 ❑ EXCAVATION PERMITS 521 ❑ CONSTRUCTION PERMITS 01-111 OTHER MISC. REVENUES 522 ❑ ELECTRICAL PERMITS 579 ❑ MAPS, CODES, ZONING REGS. 523 ❑ PLUMBING PERMITS 589 ❑ OTHERS (DESCRIBE) 524 ❑ HEATING PERMITS 525 ❑ SEPTIC TANK PERMITS 01-988-632-(f03 ❑(DESCRIBE) ❑ OTHER - ACCT. NO.'OH `XEROXING ( 1 DESCRIPTION: (NAME, NUMBER, ETC.): ��,�� V .� 1�C1• RECEIVED FROM -_ CITY OF ASPEN P. O. BOX V • ASPEN, COLORADO 81611 TO �/'f 1l �fi?/ DATE ell DATE ,Sq BY 'D,-- oe, Form NR73R _ _ - .. t-' 5ui Jc:l, " i.-- INSTRUCTIONS TO SENDER: 1. KEEP YELLOW COPY. 2. SEND WHITE AND PINK COPIES WITH CARBON INTACT SIGNED INSTRUCTIONS TO RECEIVER: 1. WRITE REPLY. 2. DETACH STUB. KEEP PINK COPY. RETURN WHITE COPY TO SENDER. P. fdL MM V • ABPE , COILAMADO attic T ❑ / Pt 1 177�i DATE /�/�I/77 _ 9y�'Zl`E'rY�G.i7 P6�CF1b,PPr-try Clf�� �•VIC4 a Fg+JorC l�e cV o ivr w�.e� ria �cv�.. '7�-Y A�✓� 1-c� Z'� � a 7` U DATE ie 8 Y ,��/-E' C SIGNED J RECIPIENT KEEPTHIS COPY, RETURN WHITE COPYTO SENDER 6 lcu- 4Uvzv�uu.¢ i August 22, 1977 Ms. Karen Smith City/County Land Use Administration Aspen City Hall 130 South Galena Street Aspen, Colorado 81611 Re: Annie and Harvey Carter Dear Ms. Smith: Please consider this letter a formal application to the Aspen Planning & Zoning Commission for an exemption from the term "subdivision", as defined in the Aspen Municipal Code Sec. 20-3 (5), with respect to the proposed condominiumization of the existing two-family dwelling ("duplex") located at 729 West Francis Street and situated on Lots C and D, Block 16, City of Aspen. This duplex has been in existence for over seven years and has been used as a two-family dwelling for the same period. The prop- erty is presently zoned R-6 Residential, and a duplex structure is a per- mitted use under the applicable zoning regulations. The condominiumization, then, is solely for purposes of modifying the nature of ownership of this structure, and will involve no additional land use, density or resource impact. For the foregoing reasons, it is respectfully submitted the contemplated "division" does not fallwithin the intent or purpose of Aspen's Subdivi- sion Regulations, which are expressly designed to assist the orderly, efficient and integrated development of the City of Aspen, to insure the proper distribution of population, to coordinate the need for public services, and to encourage well -planned subdivision. Current City policy allows an exemption from subdivision requirements for the condominiumization of existing duplex structures, and it is further submitted that there is no meaningful distinction between such an exemp- tion and the exemption of a duplex to be constructed in the near future. We would appreciate your earnest consideration of this application. Sincerely yours , it � cZr�.i.c�-lr Annie and Harvey Carter Check for $50.00 attached.