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Home My WebLink Aboutcoa.lu.ec.601/603 North St.0063.2004.aslu03 W. North Sty a eas n Le se �P_e_A Restrict 2735-124-93-001/002 Case 0063.2004.ASLU I THE CITY OF ASPEN City of Aspen Community Development Dept. CASE NUMBER 0063.2004.ASLU PARCEL ID 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 File Edit Record Navigate Farm Reports Tab Help _..._.. _-...-....... ----------------- Sub Permits Valuation PLt* Ctxm ent Main Acytrig Status j ArdAg Parcels j Custom Field: Fee: FeeStmeary I 6ctiri+s 1 Routirgijistory Candtiom Permit Type Permit # i00632004ASLU Address ISM W NORTH ST Apt/Sude 2 City FkSPEN State CO Zp 81611 Permit Int«mdiorr Master' Permit Routing Queue 1""" Appied 10I13/2004 Project J staax fps _- A I_- J Dasaip w RELEASE OF MIN. LEASE DEED RESTRICTION, ALSO 603 W NORTH Iswed F�—�— Final S Submitted 1GARFIELD i HECHT 925.1936 Clock Rurwg Days 0 E>tpires 10/D812005 j- Vab a on the web? Permit ID: 31834 Owner Last Name HOFFMANAVRIGHT/GRE j First Name JOHN/STEVE/JIM/SAMUA 601 W NORTH ST Phone [ASPEN CO 81611 v OwnerlsAp*ant7 Appicant Last Name IGARFIELD 6 HECHT Fast Name', '601 E HYMAN Phone (970(925.1936 Cust# 25185 .'ASPEN UNIT 2 CO81611 lender __. a _..._ �----'-' - cw,. •r.,._ J Record 1 of 1 ;Xi 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 1 and 2 of the Kandahar Condominiums, City and Townsite of Aspen is hereby approved subject to the following condition: 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 ATTEST: Kathryn Koch, City Clerk Helen Kalin Klanderud, Mayor Iv'lG MEMORANDUM TO: Mayor Klander . �,nd City Council THRU: Joyce Allgaier, Acting Community Development Director FROM: .Tames Lindt, Planner 1z;1— RE: 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 restrictions 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 26.480.090(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, Staff 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: "I move to approve Resolution No.!-T; 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 1 and 2 of the Kandahar Condominiums." ATTACHMENTS EXHIBIT A - LETTER OF REQUEST EXHIBIT B - DECLARATION 6�,' cr,-,f RESOLUTION NO. q� (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 _ 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 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: A Section I 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 1 and 2 of the Kandahar Condominiums, City and Townsite of Aspen is hereby approved subject to the following condition: 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 ATTEST: Kathryn Koch, City Clerk Helen Kalin Klanderud, Mayor SEP.21.2004 9:58 GARFIELD & HECHT N0. 1553 P. 2 ` ARFIELD & H ECHT, P.C. RONALD GARFMLD' AND"w V. H13CHT D"m L. LBNYo MATTHBW C. FERGUSON' CHR:sTOPHEx J. LACROIX"' Cann J. Stxedrls NATASHA SAYrOL GR➢CORY S. GORDON" ERIC D. MUSS>:LMANS OF COUNSEL, XoBRRT E. KBNDIG PARALEGALS MIcriAEL D. McCoLLum JASON K. BROLSMA RUSSBLL B. ZUCKERMAN James Lindt City of Aspen Planning Department 130 South Galena Street Aspen, Colorado 81611 ATTORNEYS AT LAW Website. www. garfieldhecht.com September 21, 2004 E�Iykk" i-r ll 601 EAST kjVMAN AVENUE ASPEN, COLORADO 81611 T&z?HONR (970) 925-1936 FACSiMlLO (970) 925-3008 110 MIDLAND AVENUE Svrm 201 BASALT, COLORADO 81621 TRLOPnONE (970) 927-1936 FAcsn ix 4970) 927-1783 Re: Fractional Lots 7, 8 and 9, Block 20, Hallam's Addition, and Fractional Lou G H and I, Block 20, City and Townsite of Aspen, County of Pitkin, State of Colorado; iAKA Wits land 2, Kandahar Condominiums (the "Property") Dear James: 1 represent John L. Hoffman, Steve Wright and Jim Greenwood, Owners of Unit 2 Kandahar Condominiums (the "Unit 2 Owners"), as well as Sam Fox and Marilyn Fox, Owners of l.lnit Y, Kandahar Condominiums (the "Unit 1 Owners") (the Unit 2 Owners and the Unit 1 Owners may be collectively referred to herein as the "Current Kandahar Unit Owners"). As we discussed earlier today, the Property is encumbered b�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 Arthur M. Pastel, the then current owners of the Property and as covenantors to the City of Aspen. The Declaration relates to the granting of an exception From the full subdivision process for the purpose of condominiumlzatiori of the Property. Since it is my understanding that the City of Aspen no longer enforces certain of these type of covenants which relate to condominium approvals granted under an earlier version of the land use code), the Current andahar Unit Owners hereby request an instrument from the City of Aspen which confirms that Paragraphs 2 and 3 of the Declaration have been revoked by the City of Aspen. If you have any questions, or if I may be of further assistance, please give me a call. Sincerely, A � )ufQ Natasha Saypol 1. alao admitlod to 2. alw admitted to 3. alFo z4MA W to 4. also admitted to 5. .dmiaad to N.— Yoik Be New York>3ar Conaecticot Bar Ilti.ois $or Now Jersey Bar awaiting adatilllon to ® Primed on recycled pttpel 96164 1 COlorad0 sat E---Z/yh I I h j I 11B V , = 464 iogM DECLARATION OF COVENAN7S, RESTRZC's''7Nf o;D C-)Nr:C i7Ns FOR THE KANDAHAR CONDr:I.NIUAS Kandahar Investments, Ltd., a British Virgin I&land Corporation ae to at. undivijed 991k interest and Arthur M_ Pastel as to an undiviaed 1s ante:est, (hereinafter "Covenantors") for themselves individually a%d `or their personal representatives, successors at;d assigns, ,n cc,nsideratiet, for the granting of an exception from the ful, subdiv:.si.on pro:ess for the purpose of ccndominiumization of .he following described property, hereby covenant with the Cit• of Aspen, pit:ein County, Colorado, to restrict said property, and hereby does restrict said property as follows: Z. Coverantors represent that they are the r"cord title owners of the following described property, situate in the City of Aspen, Pi;.kin County, Colorado, together with the improvements locat.ad thereon: Fractional Lots 7, 8 and 9, Block 20, Hallam's Addition, and Fractional Lots G, H and 2, Black 20, City and Townnite 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 Coda as fo 1 laws: C/7 L G' 17 (a) Existing tenants shall he given written notice when their unit is offered for sale, which notice shall specify the Sale FriCe. Each tenant sha1L have a ninety -day nonassignahle. option to purchase- their unit at this preliminary market value. In addition, each tenant shall have a ninety -day exclusive nortassignable right of first refusal to purchase their unit. which shall commence when a bona fide off&-t- third prison, and accepted by the owner. in the :,vent that such offer is made while the ninety -day option is still ir. effect, the tenant may purchase the unit for ath4C hmount of the initial sales price or the amount of W�= T a,�ona fide offer, whichever is Icss. � R N �� as E'd 9902-tlea (606) '0'd `z40aH 1 plaz.iJe9 WdbO=E b00z t10 100 m 464 w244 3. The dwelling units located on the above -described property shall and hereby are restricted to six (6) siont`: minimum leases with no more than two (2) sborter tenancies per calendar year, all described in Section 20-22(b), Aspen Municipal Coot., a.s amended. 4. In the event that -iny municipal improvement or improvements of a kind contemplated in Section 20-i6 of the Municipal Code of the City of Aspen: as amerded, become, in the r:olca judgme:,t or discretion of the City Council of. the City of Aspen, necessary or desirable to the area of the above described property, corivenantores will hake no objection to any special assenswsnt or sE,ec:ial tax or proeeading therefor on the basis that the prGp.:rry to adequately served by existing improvements and/or on t:hoe basin that the premises will not be served or beriefited by the improvement or improvements proposed. Convenantors further agree to join, upon the demand '.herefor by the city, any special improvement district, urban renewal district, or downtown development district formed for construction of such Lmprovementa (including, without limitation, signage, drainage, underground utilities, paved streets and alleys, planting, curbs, gutters, sidewalks, street lights, traffic circulation, trails, recreation facilities, berms +open apace lands, public transportation facilities, parking, etc.) in the area of the above -described property or to re.imb+jrse the City of Aspen directly upon demand therefor if the City should choose to construct these improvements without the formation of such a district. S. 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 lie released or waived in any respect or modified or amended during 99OZ-bsa 1606) `I40aH R Piai,}JeO wdt'O=e t'OOa t10 400 S•d 464 w245 the perior• they are binding without the prior consent of the City of Aspen reflected by Resolu*__or: of the City Council of the City of A.sptn. IN WITNESS WHEREOF, this declaration has been duly executed this 28th day of _ _ February , 1984 KANDAHAR INVESTMENTS, LTD., a British Vixsln Island limited partnership �Fiur�as�� by a e tozney- in-fart, Andrea 7. Hecht STA?E OF COLORADO ) ) v f= COUNTY OF PITKIN ) The foregoing document was acknowledged to before fnc' th15'�� day of Februar , 1984, Kandahar 3fiveaGlfwht"a..Ltd. , a British Virg n Island limited partnership by 'its �t't"atrnd�+�in-fact, Andrew V. Hecht. Wj NESS my hand and official seal. t� E'l1 y commission expires: 1-21-65 'jf D F C OTC, r n r�-- otary 1 ic Addres : 601 E. Hyman Avenue Aspen, CO 81611 STATE OF COLORADO 1 s�. COUNTY OF PITKIN ) The foregoing document was acknowledged to before me th�ys� h day of __ Februar., , 1984, Arthur M. Pastel by hia"att 'y-in-fact, An -drew V. HecRt. •:' �771 W;*ESS my hand and cfficial seal. mrCommission expires,: 1-21-85 _ ) aotary,efublic AddresV. 601 E. Kyman Avenue As!.)en, CO 81611 d 9900-b8Z 1606) 0'd `440dH '8 p1a1JJe9 WdbO:E b000 b0 �00 ATTACHMENT 2 —LAND USE APPLICATION APPLICANT: Name: John Hoffman, Steve Wright, Jim Greenwood, Sam and Marilyn Fox Location: 601/603 W. North Street (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 2735-124-93-001, 2735-124-93-002 REPRESENTATIVE: Name: Garfield and Hecht P.C. Address: 601 E. Hyman Phone #: 925-1936 PROJECT: Name: 601 /603 W. Main Street Release of Minimum Lease Deed Restriction Address: Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Special Review ❑ Design Review Appeal ❑ GMQS Allotment ❑ GMQS Exemption ❑ ESA — 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ❑ Lot Split Lot Line Adjustment ❑ Conceptual PUD ❑ Final PUD (& PUD Amendment) ❑ Conceptual SPA ❑ Final SPA (& SPA Amendment) ❑ Subdivision ❑ Subdivision Exemption (includes condominiumization) ❑ Temporary Use EXISTING CONDITIONS: (description of existing bui PROPOSAL: (description of proposed bui Release of Min. Lease Deed Restriction Amendment Have you attached the following? ❑ Pre -Application Conference Summary ❑ Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form etc. ❑ Conceptual Historic Devt. ❑ Final Historic Development ❑ Minor Historic Devt. ❑ Historic Demolition ❑ Historic Designation ❑ Small Lodge Conversion/ Expansion X Other: Release of Min. Lease Deed Restriction etc. FEES DUE: S 0 RETAIN FOR ; `I'I Ream