HomeMy WebLinkAboutcoa.lu.ec.601/603 North St.Release Deed
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THE CITY OF AsPEN
City of Aspen Community Development Dept.
CASE NUMBER
0063.2004.ASLU
PARCEL 10 NUMBER 2735-12-4-93-002
PROJECT ADDRESS 601 W NORTH ST
PLANNER
JAMES
LINDT
CASE DESCRIPTION RELEASE OF MIN. LEASE DEED RESTRICTION, ALSO 603 W
REPRESENTATIVE GARFIELD & HECHT 925-1936
DATE OF FINAL ACTION 10/15/20
CLOSED BY Denise Driscoll
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RESOLUTION NO. 97
(SERIES OF 2004)
A RESOLUTION OF THE ASPEN CITY COUNCIL ALLOWING FOR THE RELEASE
OF THE MINIMUM LEASE DEED RESTRICTION ON THE DUPLEX PROPERTY
LOCATED AT 601 AND 603 WEST NORTH STREET, UNITS 1 AND 2, OF THE
KANDAHAR CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel ID #2735-124-93-001
Parcel ID #2735-124-93-002
WHEREAS, the Community Development Department received an application from
John Hoffman, Steve Wright, Jim Greenwood, Sam Fox, and Marilyn Fox requesting the
removal of a minimum lease deed restriction on the duplex located at 601 and 603 West North
Street; and,
WHEREAS, pursuant to Land Use Code Section 26.480.090(B)(4), Minimum lease deed
restrictions, City Council remove a minimum lease deed restriction after considering a
recommendation from the Community Development Director; and.
WHEREAS, the Community Development Department, the Aspen/Pitkin County
Housing Authority. and the City Attorney have reviewed the application for removal of the
minimum lease deed restriction and recommended that City Council remove the minimum lease
deed restriction; and,
WHEREAS, during a public meeting on October 12, 2004, the City Council approved,
by a five to zero (5-0) vote, the removal of the minimum lease deed restriction from 601 and 603
West North Street; and,
WHEREAS, the Aspen City Council has reviewed and considered the request pursuant to
the applicable provisions of the Municipal Code as identified herein, has reviewed and considered
the recommendation of the Community Development Director, the applicable referral agencies; and,
WHEREAS, the Aspen City Council finds that the request meets or exceeds all applicable
development standards and that the approval of the request, with conditions. is consistent with the
goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the Aspen City Council finds that this Resolution furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN CITY
COUNCIL as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
request to remove the minimum lease deed restriction from the duplex located at 601 and 603 W.
North Street, Units I and 2 of the Kandahar Condominiums, City and Townsite of Aspen is hereby
approved subject to the following condition:
I. The Applicant shall record an amendment to the "Declaration of Covenants,
Restrictions and Conditions for the Kandahar Condominiums" that removes
Subsections 2 and 3 from the declaration that were originally written into the
declaration as a result of the minimum lease deed restriction provisions that
existed in the City of Aspen Land Use Code.
Section 2:
This Resolution shall not effect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
APPROVED by the Aspen City Council at its regular meeting on October 12, 2004.
APPROVED AS TO FORM:
ASPEN CITY COUNCIL:
Helen Kalin Klanderud, Mayor
City Attorney
ATTEST:
Kathryn Koch, City Clerk
VIe.
MEMORANDUM
TO:
THRU:
FROM:
RE:
Mayor Klande~~.Ad City Council
Joyce Allgaici! Acting Community Development Director
James Lindt, Planner 0L
601-603 W. North St.- Release of Minimum Lease Deed-Restriction-
Consent
DATE:
October 12,2004
PROJECT: 601-603 W. NORTH STREET RELEASE OF MINIMUM LEASE
DEED RESTRICTION
REQUEST: The Applicant requests City Council approval to remove a minimum
lease deed restriction from the duplex located at 601 and 603 W. North
Street pursuant to Land Use Code Section 26.480.090(B)(4), Minimum
Lease Deed Restriction.
EXISTING ZONING: R-6 (Medium-Density Residential)
STAFF Staff recommends that City Council approve the proposed resolution
RECOMMENDATION: removing the minimum lease deed restriction at 601-603 W. North
Street.
SUMMARY OF REQUEST:
The Applicants, John Hoffman, Steve Wright, Jim Greenwood, Sam Fox, and Marilyn
Fox represented by Garfield & Hecht P.C are requesting the removal of a minimum lease
deed restriction from their property at 601-603 W. North Street pursuant to Land Use
Code Section 26.480.090(B)(4), Minimum lease deed restrictions.
BACKGROUND:
During the 1970s and 80s, City Council placed certain standard restnctlOns on the
condominiumization of properties. These standard restrictions normally required that the
units being condominiumized be restricted to six (6) month minimum leases and that
tenants get a right of first refusal to purchase the property when their unit is to be sold.
These provisions were termed "minimum lease deed restrictions". In 1992, the City
stopped requiring minimum lease deed restrictions because they were outlawed by state
legislation related to regulating ownership. Additionally, a process was established in
the Land Use Code that allows for City Council to remove minimum lease deed
restrictions that are no longer enforceable.
The duplex located 601 and 603 W. North Street was encumbered with a minimum lease
deed restriction as a condition of their condominiumization in 1984 and the Applicant
would like Council to remove the minimum lease deed restriction provisions documented
in Subsection 2 and Subsection 3 of their declaration of covenants (attached as Exhibit
"B") pursuant to Land Use Code Section 26A80.090(B)(4), Minimum lease deed
restrictions.
STAFF ANALYSIS:
State legislation no longer allows for the City to enforce the provisions established in
Subsection 2 and Subsection 3 of the Applicant's declaration of covenants. That being
the case, the City Attorney's Office has recommended that "minimum lease deed
restrictions" be removed by City Council whenever such a restriction is discovered.
Therefore, Statl and the City Attorney's Office would recommend that City Council
approve the proposed resolution allowing for the Applicants to remove Subsections 2 and
3 from their declaration of covenants for the duplex located at 601 and 603 W. North
Street.
RECOMMENDED MOTION:
"[ move to approve Resolution No.jJ;- Series of 2004, allowing for the removal of
Subsections 2 and 3 from the declaration of covenants for Kandahar Condominiums
located at 601 and 603 W. North Street, Units I and 2 ofthe Kandahar Condominiums."
ATTACHMENTS
EXHIBIT A - LETTER OF REQUEST
EXHIBIT B - DECLARATION
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RESOLUTION NO. c.li-
(SERIES OF 2004)
A RESOLUTION OF THE ASPEN CITY COUNCIL ALLOWING FOR THE RELEASE
OF THE MINIMUM LEASE DEED RESTRICTION ON THE DUPLEX PROPERTY
LOCATED AT 601 AND 603 WEST NORTH STREET, UNITS 1 AND 2, OF THE
KANDAHAR CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, PITKIN
COUNTY, COLORADO.
Parcel ID #2735-124-93-001
Parcel ID #2735-124-93-002
WHEREAS, the Community Development Department received an application from
John HoHman, Steve Wright, Jim Greenwood, Sam Fox, and Marilyn Fox requesting the
removal of a minimum lease deed restriction on the duplex located at 601 and 603 West North
Street; and,
WHEREAS, pursuant to Land Use Code Section 26.480.090(B)(4), Minimum lease deed
restrictions, City Council remove a minimum lease deed restriction after considering a
recommendation from the Community Development Director; and,
WHEREAS, the Community Development Department, the Aspen/Pitkin County
Housing Authority, and the City Attorney have reviewed the application for removal of the
minimum lease deed restriction and recommended that City Council remove the minimum lease
deed restriction; and,
WHEREAS, during a public meeting on October 12, 2004, the City Council approved,
by a _ to _ (_-_) vote, the removal of the minimum lease deed restriction from 601 and 603
West North Street; and,
WHEREAS, the Aspen City Council has reviewed and considered the request pursuant to
the applicable provisions of the Municipal Code as identified herein, has reviewed and considered
the recollUllendation of the Community Development Director, the applicable referral agencies; and,
WHEREAS, the Aspen City Council finds that the request meets or exceeds all applicable
development standards and that the approval of the request, with conditions, is consistent with the
goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the Aspen City Council finds that this Resolution furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN CITY
COUNCIL liS follows:
.
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
request to remove the minimum lease deed restriction from the duplex located at 601 and 603 W.
North Street. Units I and 2 of the Kandahar Condominiums, City and Townsite of Aspen is hereby
approved subject to the following condition:
I. The Applicant shall record an amendment to the "Declaration of Covenants,
Restrictions and Conditions for the Kandahar Condominiums" that removes
Subsections 2 and 3 from the declaration that were originally written into the
declaration as a result of the minimum lease deed restriction provisions that
existed in the City of Aspen Land Use Code.
Section 2:
This Resolution shall not effect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided. and the same shall be conducted and concluded under such prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof
APPROVED by the Aspen City Council at its regular meeting on October 12,2004.
APPROVED AS TO FORM:
ASPEN CITY COUNCIL:
City Attorney
Helen Kalin Klanderud, Mayor
ATTEST:
Kathryn Koch. City Clerk
SEP. 2L 2004 9: 58
GARFIELD & HECHT
NO. 1553 P 2
~YM)'!xJJ\f \/+ (I
"RONALD GARJI12LD1
AND1U:W V. HBCKT
DAVID L. L'uNYO
MAT'11fDw C. FERGUSON'
CHRl'STorHD). LACR.OIXU
CIIAD 1. SCllMrl"
NATASH/\ 'S.Ul'OL
GUCOllY S. GORDON1,-
Eluc D. MV$SliLMANJ
GARPllELD & HECHT, P.C.
ATTORNEYS AT LAW
Website:
www.garfie1dheeht.com
601 EAsT HYMAN A Vg"u!
AsP\!N, COLOlADO 81611
T!I.lll'BON&
(970) 925-1936
P Ac:'SlMlLD
(970) 9~'-3008
PAR.\LEGALS
MlCIiABt. D. McCOLLUM
JASON K. BKOLSNA
gm:gnu. B. ZOCKiRM.\N
September 21, 2004
11 0 MTDLAND A v,",u'
StIm! 201
BASALT, CelLORADO 81621
fm.ufnONJ!
(970) 927-1936
PACSIMILB-
(910) 927.1783
OF COUNSEL, 'ROJ),IlRT E. K&:NOIG
lames Lindt
Cty of Aspen Plannlnl Department
1 30 South Galena Street
Aspen, Colorado 81611
Re: Fractional Lots 7, 8 and 9, Block 20, Hallam's Addition, and Fractional Lots G,.H and I,
Block 201 City and Townsite of Aspen, County of Pitkin, State of Colorado; AKA units 1 and
2, Kandanar Condominiums (the "Property")
Dear James:
I represent John L. Hoffman Steve Wright alld JIm Greenwood, Owners of Unit 2 Kandahar
CondomiilillnlS (the "Unit 2 Owners,1) as weD as Sam Fox and Marilyn Fox, Owners of Unit I, Kandahar
Condominiums (the "Unit 1 Owners"Hthe Unit 2 Owners and the Unit 1 Owners may be collectively referred to
herein as the "Current Kandahar Unit Owners").
As we diSCU$$i:d earlier today, the PropertY is encumbered ~.Y a "Declaration of Covenants, Restrictions
and Conditions for the Kandahar Condominiums," (copy attached) ("Declaration") recorded In Book 464 at Page
243, PItkin County, Colorado, and entered Into betWeen Kandahar Investments, ltd. and Ar1!hur M. Pastel, the
then current owners of the Property and as covenantors to the City of Aspen. The Declaration relates to the
erantlni of an exception from the full subdivision process for the purpose of condomlnlumlzatiorl of thll Property.
Since It Is my understanding that the City of Asptn no longer enfortes certain of these type of covenants
(which relate to condominium approvals granted under an earlier version of the land use code), the Currellt
Kalldahar Unit Owners hereby request an InstrUmellt from the City of Aspen which confirms that Par.l81'aplis 2
and 3 of the Declaratlon have been revoked by the Oty of Aspen.
If you have any questions, or If I may be of further ~slstance, please give me a call.
Sincerely,
W
1.ullO~U'llllto
Nnryon;J!I.f
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DECLARA'!'IO~ OF' COV.ENAN'IS, RESTRIC'i'.')NE' 1\1-:,1) C,)Nl"r'l~S
FOR THE KJUIDAHAR CDND(:I.Nl~."S
!<a,ndahar Jrl.ve.stmer,ts, Ltd., .3. British Virqin I::.land
Corpor~tion tit! to aI. undivi-Jed 99. int-.=rf;!st and Arthur M. Pastel
i't$to ~n undivirll!d l' ';'nte:litst. (hereinafter .Cov~nantor8") for
thera.selv... individually a.',d [r.>r their persoT~al reprf:silntatives,
succ:eS80ra .rld Ilssiqns, -..n c:c..Tlsideratiml for the q%'ilntillg of an
~)l(,,8ption from thl: '1.1]; .suhdivj.1'd.on pr(,..;:.'~ss for tl'\~ purpose of
conuominiumi~ation of .h~ fol1o~ing described property, hereby
cnv...nant with the eit'. of Aapon, Pit:t!n Ccunty, Colorado, "to
restrict said proper:.y, and hereby c.11.1~l!' restrict .said property as
tollowsl
1. Cove~.ntor. repreaent that they are the rucord
titl. OWn.r. of' th.~ following described prorerty, situate in the
Cit.y of A.pen, Pi>kin County, Color.3do, to<J~ther with the
imp~ov.~nts joc~ted th~reon:
7ractional Lot. 7, 8 and 9, Block 20, Halla.'s
Addition, and Fractiunal Lots G, H and I, BlOCK
20, City and TOWDGite of Aspen..
also known as 601-603 P.orth Street, Aspen, Colorado 81611.
2. The sale of any of the dwelling un1t~ loca~ed on
th. above de.cr1bed property shall be in strict com~liar.ce.with
the provisions of &e~tion 20-22(a), Aspen Municipal Coda as
follows:
{a. Exiatinq tenants shftll he given written notice
when their unit is ofEer~d for sale, which noticQ 8ha~1
specify t.ht:l Sial~ Fr.; ~e_ Each tenant shall have a
ninety-day nonassignahJ~ ()ption to purchase t.heir unit
at: this preliminary market. value. In addition, each
tl:!.nant shlllll havt: a _nintety-day exc:lusJ""Ef nOh,,,-ssignable
right t,f first re~usal to purchase their uni 1". which
8ha 11 COlUl.nee when a bona fide of fe- ":.. S made by a
third pH~~on, and accepted by the owner. !n the event
that such ~!~eris made while tb~ ninety-da} op~ion is
_till in effect, the tenant may purchase the unit fer
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cr:~thff..c'funount of the ini ti<< 1 :!Ialef' price or th~ amount of
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~~:~tlltt~OI~a fide otter, whichever is lE~5B.
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The dwelling units located on th~
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above-described
property shall and ht:reby a.re rt;;l:strict.ed to six (6) rnorlt.t: IToinimu:rn
1~ase5 with no more l.han two (2) short.er tE=nancit:!s par calen'-'at'
year, all described in Section 20-22CbJ, AspE=n Municipal Co~~. a~
amer.ded.
4. In t.he event that ~hY municJ~al iJllprovttn'tf;JJ\t or
improvements of a kind cont.amplat~d in Section .?O-l6 of tha
~n1cipal Code of t~ Cl~y of Asp~~~ as a~~a~d, hQcome, In the
,:olld judgmer.t. or (U~crtttion C)f the City Council of the City of
Aspen, necessary or desi~able to the area of tha above de~cribed
propert.y, convt:!'nantors will make no ('lbjeetion t.O Any IIpecial
.sseRSlIerrt or 1iI1'f-~(:ia~ t.1K or proclolscin9' therefor orl tha h~sis
enat th~ pr~Fur~y is adequately ~r~~d by ~xls~inq imprQvemen~1
and/or on thl~ basi.. th.;ft the prem.is~s will not be served or
benefit~d by ~he improvement or improvements proposed.
Con~enantor8 further a~l~e to join, upon thQ ~emand ~hQrgfor by
the city, any sp~c1&1 improvemsht district, urban renewal
di.~rict, or dcwntown development district for.med for
ccr.8t&uc~ion cf such Lmprovements (including, without limitation,
s1gnaqe, drainaqe, underground u~ilities, paved streets and
alley., plantin9, curb., gutters, sidewalke, street lights,
traffic circula~ion, trails, recreation facilities, berms Qpen
a~oe lands, public transportation faci1ities, parkinq, etc.~ in
the area ot the abo~e-aescribed proparty or to reimb~rge the. City
of Aspen direct.ly upon demand therefor if the City should choose
to construct these improvemen~5 without the formation of such a
district..
.). The covenant.S contah)ed herein sha.ll run wi th the
land and shaLl be bi~~jng on all parties havinq any riqht, title
or interest in the. abovt:l'-de!ICribed property or allY part t.hereof,
and their heirs, representatives/ SUCCtiS80rS and,assigns, for a
period of fifty (50) years from' the date th6se covenants are
recorded.
6. None of th.e covenant's ccnta,inad hQrein shall be
released or waived in any respect or modified or amended durinq
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the perion they ere bindinq without the prior consent of the City
of Aspen refl&cted by ~esolution of th~ City Council of the City
of i\.sp~.n.
IN WI'l'NESS WHEREOF, thie d~elaratiol1 has bc=en duly
tlxecutk!d this 28th d&y of ____E_~~r_u_aa;:l."
. 1994
KANOAHAR INVESTMENTS, LTD., a
British Virgin Island limited
partntlrship
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in-~act, Andre'" '1. Hecht
9TAn OF COI.ORADO
C~TY OF PITKIN
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.' ';.r.,U.......'1he !or6goir~; dacument was aCMow.1"edqed t.o be;fon m-:."
. t.hii"I:~6t..h',.., day of February , 1984,. lI:andaha.r
-fnv..iiiiiitti,.Ltd., i'-Sr1t1sn V1r91n IslanCl li.ntitllild p4rtner~hip by
:i~JV~~~wnef~in-fact, Andrew V. Hecht.
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('J tJ' .' \"J~ESS my hand a.nd official seal.
~ ":. ~,- MY commission expires: 1-21-85
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STAT! OF COLOR.lDO
COUNTY OF PIT~IN
as.
......... The foreqoir,g document ....as acknowledged t.o b,,=fore me
~hi.8.~ day o~ ___F_ebruaT.''[ , 1984, Arthur M~ past.el by
~"""~y.-in"'fact., Andrew '0/. Hecht.
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:" "".\ \ ~l 'W'lTtlESS my hand and official seal.
'.' .. r. M'p CODIIaiasion tixpirl.:!l.'1: 1-21-85
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Addre9~ 601 E. Hyman Avenue
Aspen, CO 81611
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ApPLICANT:
ATTACHMENT 2 -LAND USE APPLICATION
Name:
Location:
John Hoffman, Steve Wright, Jim Greenwood, Sam and Marilyn Fox
6011603 W. North Street
(Indicate street address, lot & block number, legal description where appropriate)
273 5-124-93-00 I, 2735-124-93-002
Parcel ID # (REQUIRED)
REPRESENTATIVE:
Name:
Garfield and Hecht P.c.
601 E. Hyman
925-1936
Address:
Phone #:
PROJECT:
Name:
Address:
Phone #:
TYPE OF ApPLICATION: (please check all that apply):
601!603 W. Main Street Release of Minimum Lease Deed Restriction
0 Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devt.
0 Special Review 0 Final PUD (& PUD Amendment) 0 Final Historic Development
0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt
0 GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition
0 GMQS Exemption 0 Subdivision 0 Historic Designation
0 ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes 0 Small Lodge Conversion!
Margin, Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plane
0 Lot Split 0 Temporary Use X Other: Release of Min. Lease
Deed Restriction
0 Lot Line Adiustment 0 Text/Map Amendment
EXISTING CONDITIONS: (descri tion of existing buildin s, uses, revious approvals, etc.)
s, uses, modifications, etc.)
Release of Min. Lease Deed Restriction
Have you attached the following?
o Pre.Application Conference Summary
o Attachment #1, Signed Fee Agreement
o Response to Attachment #3, Dimensional Requirements Form
FEES DUE: $ 0
RETAIN FOR PERW';!::~j'1' IIl!CONt