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HomeMy WebLinkAboutcoa.lu.ec.South of Ute Ave-Hoog-4-Assoc.30-80 ~. , . TO: FROM: RE: DATE: Location: ~ ~ MEMORANDUM Aspen City Council Jolene Vrchota, Planning Office Hoag-4 Associates Subdivision Exception /d of Ute Avenue) Zoning: Rental History: The Certificate of Occupancy was issued in July, ,1980; therefore, there is no rental history for this duplex. If the subdivision exception is granted, approval should be conditioned upon a six month minimum lease restriction with no more than two shorter tenancies in a calendar year (Section 20-22 of the Municipal Code). Attorney's Comments: Engineering Department Comments: See memorandum from Jay Hammond to Jolene Vrchota dated July 25, 1980. Planning Office Recommendation: The Planning Office recommends approval of subdivision exception (exception from conceptual approval before Council and from preliminary approval before P & Z) for condominiumization subject to the applicant meeting the following conditions: 1. All units shall be deed restricted to six-month mini- mum leases with no more than two shorter tenancies in a calendar year. 2. The applicant shall comply with conditions 3, 4 and 5 as delineated in the memorandum from Jay Hammond (Engineering Dept.) dated July 25, 1980, except that the condominium plat should be approved by the Engi- neering Dept. and recorded after (not prior to) City Council approval. At its regular meeting on August 4, 1980, the P & Z recommended approval of subdivision exception for condominiumization subject to the conditions in the Planning Office recommendation. P & Z Recommendation: Suggested City Council Motion: Page One Move final plat approval of subdivision exception for condominiumization of the HoBg-4 Associates duplex located on Lot 4, Hoag Subdivision subject to the following conditions: 1. All units shall be deed restricted to six-month minimum leases with no more than two shorter tenancies in a cal- endar year, according to Section 20-22 of the Municipal Code. 2. Following final City Council approval the Condominium Map shall be revised and resubmitted to the Engineering Department for approval prior to recordation. The revised Map shall include the following: a. Indicate on-site parking. b. Indicate existing utility extensions and meter loca- tions for each unit. c. Show zone district. d. Include an index on Sheet #1. e. Add surveyor's signature and seal. ~ ~ Suggested City Council Motion, cont. 3. The Condominium Map shall be recorded prior to sale of any units. 4. The applicant shall agree to join a sidewalk, curb and gutter improvement district in the event one is formed and so deed restrict. 5. The applicant shall provide six on-site parking spaces as required in Municipal Code Section 24-4.5 utilizing one curb cut as required in Section 19-101. Memo: Hoog-4 Subdivision Exception August 18, 1980 Page Two ". ~-.: ~ ry n ....,-..-' .,. APPLICATION FOR EXEMPTION FROM SUBDIVISION REGULATIONS Request is hereby made on behalf of Hoag-4-Associates, Ltd., a Colorado limited partnership (hereinafter referred to as "Applicant"), under Section 20-l9(a) of the Aspen, Colorado, Subdivision Regulations, for an exemption from the definition of the term "subdivision" with respect to the following real property: Lot 4, Hoag Subdivision, County of Pitkin State of Colorado It is submitted that the requested exemption is ap- propriate. This application involves subdivision of an existing duplex residential building. A subdivision of one lot with a duplex on it creates conditions whereby strict compliance with Subdivision Regulations would deprive this Applicant of the reasonable use of his land. If an exemption is granted, the owners of the property will have a common interest in the land and there will be a condominium de- claration and maintenance applicable to the property which will not in any way increase the land use impact of the property. If an exemption is granted to this Applicant, it will not conflict with the intent and purposes of the Subdivision Re~ulations which are directed 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. The granting of this application will not undermine the intent of the Subdivision Regulations as this application is clearly within the area intended for exemption under Section 20-19. The building is already in existence, and there will be no change in the density for the property which is presently o. . t""'I ~ compatible with the zoned den.sity for this property. Con- struction of the duplex building was completed in June of 1980, and the certificate of occupancy for both duplex units has been issued. There are no existing leaseholds applicable to either of the units in the duplex building, and neither of such units is suitable for low or moderate income housing as described in the housing price guidelines adopted by the Aspen City Council. The Affidavit of the Applicant attached hereto presents evidence that approval of this application will not reduce the supply of low or moderate housing in the City of Aspen. The Applicant agrees upon condominiumization approval to restrict the rental of each of the duplex units to per- iods of not less than six successive months (or in the alternative to not more than twice for short-term periods within any calendar year). The prompt consideration of this application will be sincerely appreciated. Dated: June~, 1980. BY , Ltd. chs St., Suite 201 81611 ,,..,~---' ..... .~.' . t""'I ~ AFFIDAVIT OF JACK BARKER STATE OF COLORADO ss. COUNTY OF PITKIN The undersigned affiant, being first duly sworn upon his oath, deposes and says: 1. He is the general partner of Hoag-4-Associates, Ltd., which is the owner of certain real property described as Lot 4, Hoag Subdivision, County of Pitkin, State of Colorado. A duplex residence (hereinafter called the "duplex") has been constructed on said property by Hoag-4-Associates, Ltd. 2. Construction of the duplex was completed in June of 1980, and neither of the residential units in the duplex have been leased to or occupied by any persons. The residential units in the duplex therefore have no rental history, and no tenants have been displaced from occupancy of either of said units. 3. Each of the residential units in the duplex contains approximately 1,670 square feet of living space, including three bedrooms and three baths. Each of such residential units is large and luxurious and is not af- fordable for tenancy by persons of low or moderate income within the housing price guidelines adopted by the Aspen City Council. 4. Affiant does not intend to sell either of the residential units in the duplex to any employer or group of employers who intend to rent the units to their employees. 5. If any persons are tenants in the residential units in the duplex at the time of condominiumization of the duplex, then affiant will give such persons the first opportunity to purchase such units at the proposed fair market value if either of such units is sold. /~~Jc~-/ ~,.Jac , Barker Subscribed and sworn to before me this / ( J. day of June, 1980 by Jack Barker. Witness my hand and official seal. My commission expires: ''-"'-. . - .< ~ ~. ^/ .../ -:;.. , ./" " I t""'; o MEMORANDUM TO: Aspen Planning and Zoning Commission Aspen City Council FROM: Jolene Vrchota, Planning Office RE: Hoag-4 Associates Subdivision Exception DATE: July 28, 1980 Zoning: Rental History: Lot 4, Hoag Subdivision (off Ute Avenue) R-15 (19,448 square foot lot) Location: The Certificate of Occupancy was issued in July of 1980; therefore there is no rental history (duplex). Engineering Comments: If the subdivision exception is granted, approval should be conditioned upoA'a si;i< month minimum lease restriction with no more than two shorter tenancies in a calendar year (Section 20-22 of the Aspen Municipal Code). See memorandum from Jay Hammond to Jolene Vrchota dated July 25, 1980. Attorney's Comments: Planning Office Recommendation: The Planning Office recommends approval of subdivision exception (exception from conceptual approval beiiore Council and from preliminary approval before P & Z) for condominiumization subject to the applicant meeting the following conditions: 1. All units shall be deed restricted to six-month minimum leases with no more than two shorter tenancies in a calendar year. 2. The applicant shall comply with conditions 3, 4 and 5 as delineated in the memorandum from Jay Hammond (Engineering Dept.) dated July 25, 1980. NOTE: This application was being processed at the time that condominiumization procedure was being changed from exemption to exception. Consistent with previous decisions, the applicant will be required to submit a condominiumization plat following City Council approval (not prior to such approval). '~ "..,.,~ -' , 1""'1, ~ APPLICATION FOR EXEMPTION FROM SUBDIVISION REGULATIONS Request is hereby made on behalf of Hoag-4-Associates, Ltd., a Colorado limited partnership (hereinafter referred to as "Applicant"), under Section 20-l9(a) of the Aspen, Colorado, Subdivision Regulations, for an exemption from the Lot 4, Hoag Subdivision, County of Pitkin" State of Colorado definition of the term "subdivision" with respect to the following real property: It is submitted that the requested exemption is ap- propriate. This application involves subdivision of an existing duplex residential building. A subdivision of one lot with a duplex on it creates conditions whereby strict compliance with Subdivision Regulations would deprive this Applicant of the reasonable use of his land. If an exemption interest in the land and there will be a condominium de- is granted, the owners of the property will have a common claration and maintenance applicable to the property which will not in any way increase the land use impact of the property. If an exemption is granted to this Applicant, it will not conflict with the intent and purposes of the Subdivision Regulations which are directed to assist the orderly, efficient and integrated development of the qity , '-/:""< Aspen, to insure the proper distribution of populatioI1;to coordinate the need for public services, and to encourage well-planned subdivision. The granting of this application will not undermine the intent of the Subdivision Regulations as this application is clearly within the area intended for exemption under Section 20-19. The building is already in existence, and there will be no change in the density for the property which is presently 1'"'\ ~ .... r compatible with the zoned density for this property. struction of the duplex building was completed in 1980, and the certificate ~f occupancy for both has been issued. There are no existing leaseholds to either of the units in the duplex building, and of such units is suitable for low or moderate income as described in the housing price guidelines adopted by Aspen City Council. The Affidavit of the Applicant attached hereto presents evidence that approval of this application will not reduce the supply of low or moderate housing in the " City of Aspen. The Applicant agrees upon condominiumization approval to restrict the rental of each of the duplex units to per- iods of not less than six successive months (or in the alternative to not more than twice for short-term periods within any calendar year). The prompt consideration of this application will be sincerely appreciated. 1/ Dated: June~, 1980. SACHS, KLEIN & SEIGLE Attorn,eys f9.~1 HOag-,,~-Assoeiat~, .?/jlrf/; \ ) l BY~(1Y J ~ /. J~f;f~ H>'8achs iUl Mill St., Suite 201 ! ~spe , Colorado 81611 (303) 925-8700 Ltd. %J ... '/ ..;~,,,,"; - ., '-;<"'" l. He is the general partner of Hoag-4-Ass~~ia:ire.s, Ltd., which is the owner of certain real property described :as 'Lot 4, Hoag Subdivision, County'of Pitkin, State "of '"., Colorado. A duplex resldEmce (hereinafter cal1ea'tnEi"ftci'uplex") , ' , " .-, -- ~, .,.:, -- , "li'" '.. ,,," " has been constructed on said property by Hoag-4-ASsocJ.ates, Ltd. ,,':.' ",:, . .-, ".:" ,:~',;;." ','-\: ;'" '''':'i",,"'':':~'~;,:~~';'~\~,:::_,... '''::i:.::';~i~,~~7:iJ~;~~.::~'::j '" 2. ConstructJ.on of the duplex wa's"'bi5mpleted J.n June of 1980, and neither of the'~fesidei{Hal""Unlts irl~"thE(,c duplex have been leased to or occu'pied by"'any" personS':; 'The residential units in the duplex Enere'fore~hay~~ no rel}~a~",'A' history, and no tenants have been'displaced"f'rom ocqupa'rl'cy'" " of either of said units. :f.'.. . ",',4i:, .' V,^,'~ ,0,,', , '. '." ""<'~~~~" ''':'""'.'0,, ." ,:,,';f:f":\:::::,,~~:\4. :,:',,,,: ,l~\,:;<~~;:~',~, 3. Each of the resJ.dehtJ.al unJ.ts 'J.n the up ex . contains approximately 1,670 s 'feet 'of""ltvlng'sp.;ice"~' ", including three bedrooms and t aths. J::acll'of' - ;:\;' . . ^."-.",,,;.-:..,:.. .',,,,:,,',,.-,,, ',", ""~",,,,', ''"','''+.",1"~.:,;:,;,,;;>u-..,,, resJ.dentJ.al unJ.ts J.s' large and J.OUS and' J.s,'n6t fordable for:::Cenaiib':15~w ersoi1it'<:H.' low' ormo<3'e'f'Elt" { 'II'ithin the housirig~ri~/ guide '~'~"'''t''a'op€'ed'''':.'':1:' c, C i t Y Corm 61 r'~':::'"~~,:",, ^A ,~:~ ~:;t>:,:<'~~:,l~:,,>.. . ~"--"" ,. " -.:":;:;:V:<~, ":::,':',,; ,")i~:1~~f 4. ~:,AffUm . ." . ' " ..,' ,,,,-::', :/",,;'0''':'' ;."" ",~~. ,,;, resJ.dentJ.al unJ.t's J.tl.' t employers who"iritehd""f :"'<~0~;>-;Y'; , ' t""'\ .!'"') l _..<v' . AFFIDAVIT OF 0ACK BARKER STATE OF COLORADO 'COUNTY OFPITK1N ) ) ) sS', The undersigned affiant, being first duly sworn upon his oath, deposes and says: Subscribed and sworn to before me this ,June, 1980 bygack Barker, Witness my hand and, official, seal. /t,&!day of My commission expires: "'t,' , ,~,>"'\-.. " ^ ~ MEMORANDUM TO: Jolene Vrchota, Planning Office FROM: Jay Hammond, Engineering Office ~, DATE: July 25, 1980 RE: Hoag-4 Associates Subdivision Exception, Lot 4, Hoag Subdivision Having reviewed the above application for exception from full subdivision for the purpose of condominiumization, and made a site inspection the Engi- neering Department recommends tile following: ,~" 1) That the Hoag-4 application be excepted from conceptual approval before Council and preliminary approval before the Planning and Zoning Commission. 2) That the Condominium Map as submitted be accepted as a conceptual plat. 3) Tfuat prior to final approval by Council the Condominium Map be re- vised and resubmitted to include the following: a) Indicate on-site parking. b) Indicate existing utility extensions and meter locations for each unit. c) Show zone district. d) Include an index on sheet one. e) Add surveyor's signature and seal. 4) Owner/applicant shall agree to join a sidewalk, curb and gutter improvement district in the event one is formed and' so deed restrict. 5)' Owner/applicant shall provide six on-site parking spaces as required in Municipal Code Section 24-4.5 utilizing one curb cut as required in Section 19-101. , The City Engineering Department recommends conceptual approval of the Hoag-4 Subdivision Exception provided the applicant completes the above items prior to final approval before Council. / /: ~ r""'\ , treet 81611 MEMORANDUl'1 DATE: July 9, 1980 TO" Jolene Vrchota FROI1, Ron Stock RE; Hoag-4-Associates Subdivision Exception If the above entitled subdivision exception is granted, the approval should be conditioned upon the applicant meeting the following requirements of Section 20-22 of the Municipal Code of the City of Aspen: [ ] Notice and option provisions to current tenants [xl Each unit restricted to six-month m~n~mum leases with no more than two shorter tenan- cies in a calendar year. RWS: mc r') ; t'l MEMORANDUM TO: Ron Stock, City Attorney Dan McArthur, City Engineer FROM: Jolene Vrchota, Planning Office RE: Hoag-4-Associates Subdivision Exception (Condominiumization) DATE: July 7, 1980 The attached application requests exception from full subdivision procedures for the purpose of condominiumization ;of the Hoag-4-Associates property located in the Hoag Subdivision off. of Ute Avenue (Lot 4). This item is scheduled to come before the Aspen Planntng and Zoning Commission on August 5, 1980; therefore, may I please nave your written comments no later than July 23, 19807 Thanks. ~1~'" ~ ('"') ~ " " No. 30-80 CASE LOAD SUMMARY SHEET Ci ty of Aspen 1. DATE SUBMITTED: 7/2/80 STAFF: Jolene Vrchota 2. APPLICANT: Hoag-4-Associates -- Jeff Sachs, Sachs, Klein & Seigle ~Ul N. M11 I, ~ulte ~Ul Aspen 925-8700 3. REPRESENTATIVE: 4. PROJECT NAME: HOAG-4-ASSOCIATES SUBDIVISION EXEMPTION 5. LOCATION: Lot 4, Hoag Subdivision (off Ute Ave.) 6. TYPE OF APPLICATION: Rezoning P.U.D. Special Review Growth Management HPC x Subdivision x Excepti on Exemption 70:30 Residential Bonus ____Stream Margin ____8040 Greenline ____View Pl ane Conditional Use ____Other for condominiumization c.,O j:o,.:su"J ..10'\, 1'180 7. REFERRALS: --L-Attorney ~Engineering Dept. ____Housi ng _Water _City Electric Sanitation District School District Fire Marshal Rocky Mtn. Nat. Gas Parks ____State Highway Dept. Holy Cross Electric ____Other Mountai n Be 11 8. REVIEW REQUIREMENTS:--p~ ~ ) LC_ i I ! ! ~ I I ( ,',.-....,',... " . " . (""\, I if f'! 9. DISPOSITION: P & z V Approved V Denied ' Date 13/41bo ::;v,bJ;v/sloV\.. E.t::Lep+io""- ~iJbj~d- +0/ (') :;; l(- J<-,..o \,(. +L I..J ~\AA.-U~ leoc,e!', 2-) C-oVt<-p /,"<,;JkUt.- t-</,:K c.-~ he" 'h"t:J'lvs "3 ( +; ClJ s- ; ~ f7. ,$' "W-~~ ~ J..-~ 3) ~ fJo 'f/O>'+ urfrHeJ 'I ~r~/~ -.:J1A.J V.eLr::tr~eJ 4+~ &vJLc{! "dfjJ r()v~.J --.. Council v' Approved ,/ Denied Date /3h5'/60 , I <;;'ul,";iv:<;-,'B>- kvaf'11.tno ~t/'yllV"'/ 5ubJn/fr:,;, 0 ' 1) 'Siv.-k-rrn.+Lh-..,'h.,"u.ulu. leClsa~ (2b-2.'Z.. '1-) C~ i~c.e VJ/~ Cokli-r/r)",s 3. ~ S- i VL ~Jf; .....Uy/h/ f<...p~ i7 ~) U ~t? r&f -Iv J,p 0-fi;/Y7/"V-<>/ ~ 6;J'kW;7f 4/ Ve c&'Yd..c1 10. ROUTING: kAttorney -LEngineering Building Other f" , '^gll--l..QJl V-i~ ~ '~ - lReceptionll Recorded at 11:33~oyember 7, 1980 Loretta Banner-\ecorder I; 2285&1: s, r STATEMENT OF EXEMPTION FROM THE DEFI~ITIO~ OF SUBDIVISIO~ -;)!j8,' /" ,62':! ","~ I f WHEREAS, Hoag-4-Associates, Ltd. ("Applicant") owner of a parcel of land located in Pitkin County, more particularly described as: is the Colorado, Lot 4, Hoag Subdivision 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 & Zoning Commission, at its meeting held on August 5, 1980, 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 subdivision of the existing duplex through condominiumization is 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 condominiumization 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 the foregoing exemption is conditioned upon the restriction of rental of said condominium units to periods of not less than six successive months with no more than two shorter tenancies per year, and provided that the Applicant shall agree to join a sidewalk, curb and gutter improvement district in the event one is formed. Dated: 1f~~ -fr." 1980. Herman EtfJ~ STATE OF COLORADO COUNTY OF PITKIN I, KATHRYN S. KOCH, do hereby certify that the fory~ going Statement of Exemption from the Definition of.$'u'i'ict1i;;Y:ision was considered and approved by the Aspen City Cou~9~~at Its regular meeting held Monday, August 25, 1980, at,'VI'YliCh",t,'littE!," the Mayor, HERMAN EDEL, was authorized to exec:ute tl'j.e'" s)3.~sJ'," i):;' "". on behalf of the City of Aspen. ,;', ",- "'" "',':'i>.,G~;;/", ~ f /Y_{:",/t;~'~:~5~1~{;\i'~~:\ . W- ~~~"'f"'.n;" ~i.t;;:; Kathryn S. och, City Clerk:-.,) \ ""h,...: ';\.0,,:;'ii>,,' ss "<';';";~,:~:;:.~,itf~i,~t i,",>;, Tb~J3J?_~g.,q~ was acknowledged before me this/';;:/!j-./r) . "i:,i; ,<'.i'i'ay.of ~'" 1980, by HERMAN EDEL, and KATHRYN S. KOCH, ""pefsonally known to me to be the Mayor and City Clerk, :d"'-" respectively, of the City of Aspen. \ltU1rr:f1t,. ~"\'\::''''' \r(flITN'E,SS my hand and of f icial seal. ",' ,'\J\:-'::''.~',~, '-:;. -? /4 J' '? ;f,s::>,.-' ~y b~~ssion expires: \"'-5/01& i?",,"'> !}, :/;/ G f4;> '~~~F ct , I I J -~~;;.:t:~ i L/~(); ~ C ' (l~ ~~ ~",_, '- i...i ~>:c;;- / rIotar~ubhc ~;;' C'~~~ <"""-~'\9 \,,:. U!! ", '" CO~.0'-",:':' .. ..... ReceptionllO. t""1 t1 Recorded at 11:35AM November 7, 1980 Loretta Banner kecorderllli~~~ 228553 ^"'~ t'f\U:'V~ EASEMENT WHEREAS, Hoag Investment Associates, Ltd. (herein- after referred to as "Hoag") is the owner of real property described as Lot No.3, Hoag Subdivision, City of Aspen, County of Pitkin, State of Colorado; and WHEREAS, Hoag is the record owner of Right of Way Granted, as amended, and related Amendatory Decision, as recorded in Book 341 at Page 11-18 and Book 353 at Page 316-317 of the real property records of pitkin County, Colorado; and WHEREAS, the foregoing Right of Way crosses said Lot No.3, Hoag Subdivision, and provides access to portions of Lot No.4, Hoag Subdivision, including access to two park- ing spaces (hereinafter referred to as "Parking Spaces") designated as limited common elements appurtenant to Unit A as described on the Condominium Map of Hoag-4-Condominium as recorded in the real property records of pitkin County, Colorado; and WHEREAS, Hoag wishes to grant a non-exclusive ease- ment to the owners of Lot 4, Hoag Subdivision, to use the above-described Right of Way as access across Lot 3, Hoag Subdivision to and from the Parking Spaces; NOW, THEREFORE, for and in consideration of TEN DOLLARS and other good and valuable consideration, Hoag hereby grants and dedicates in perpetuity, an access ease- ment across Lot 3, Hoag Subdivision pursuant to the terms and provisions of the Right of Way for the benefit of the owners of Lot 4, Hoag Subdivision, City of Aspen, County of Pitkin, State of Colorado, for access to and from the Parking Spaces in conjunction with the use and enjoyment of the Improvements constructed upon said Lot 4, Hoag Subdivision, all as more particularly described in the Condominium Map of Hoag-4-Condominium, as recorded in the real property records of pitkin County, Colorado. The owner(s) of Lots 3 and 4, Hoag Subdivision shall be obligated to maintain and plow said easement during winter months to provide adequate access to the Parking Spaces, and the expense thereof shall be paid 50% by the owner(s) of Lot 3 and 50% by the owner(s) of Lot 4. The easement granted hereby shall exist in perpetuity and may not be amended nor extinguished except by written instrument signed by all of the owners of record of both Lot 3 and Lot 4, Hoag Subdivision, City of Aspen, County of Pitkin, State of Colorado. HOAG INVESTMENT ASSOCIATES, LTD. By )~~ 70~ ( ~ack Barker, General Partner 4 . -, _ ___ STATE OF COLORADO) ) ss. , COUNTY OF PITKIN ) , i' "~"~'.U!::':J This Easement was acknowledged before me th1!:'tfJ:; "'.,~ I day of October, 1980, by Jack Barker, as the General'~rt~6>~ :~ of Hoag Investment Associates, Ltd., a Colorado limit\'!di~;r Qr ; ;:'i dC '. ?""> ,~ 11.? nership. ,"'') >., '" O:J ,/ ~ '. ,..... -r ,;: ': ~ '""<.: :.1 ~ ;:,;:;; WITNESS my hand and notarial s,~ 1. S- ;if: S3 11 My commission expires: (j,[A! !~ .j /'./ i r '.- l Notif1p