Loading...
HomeMy WebLinkAboutcoa.lu.ex.Alpine Acres-Lots 1,4,5.1977 Eecorded 1;27 ~M ugmst 4, 1977 Reception # Julie Hane Reeoi .er f '. ^ ~;. r 1"', BOOK 333 PAGE 04 STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION WHEREAS, LUKE W. ANTHONY ("applicant"), has constructed and there exist in place three (3) duplexes located within the City of Aspen, which location is more particularly described as: One (1) duplex each on Lots 1, 4, and 5, Alpine Acres Subdivision Pitkin County, Colorado, and WHEREAS, the applicant has applied, pursuant to the provisions of Section 20-l9(b) of the Aspen Municipal Code, for an exemption from the definition of subdivision for the creation of two separate condominium units on each of the above described lots, and WHEREAS, the Aspen Planning and Zoning Commission did, at its meeting held (lID. I', , 197', determine that this proposed condominiumization is without the intents and purposes of subdivision regulation (subject to certain conditions) and did further recommend to the City Council that the requested exemption be granted, and held WHEREAS, the Aspen City Council, at a regular meeting . ,~eJ, 2.8 , 1977, did consider the requested exemption, did agree that issuance of an exemption is appropriate, and did grant the same subject to certain conditions, THEREFORE, NOTICE IS HEREBY GIVEN that the City Council of the City of Aspen, Colorado, has granted an exemption from the definition of subdivision for the creation of two separate .. . on each of the lots above described condomlnlum unlts/anct conveyance of separate lnterests in said units for the Lots and improvements above described. PLEASE TAKE FURTHER NOTICE that this grant of exception is conditioned as follows: 1. That the applicant shall pay to the City of Aspen the appropriate Park Dedication Fee attributable to the six (6) units and calculated pursuant to Section 7-143 of the Aspen Municipal Code, which amount has been paid on the date of this statement. , BOOK 333 PAGE 05 2. That both units of the duplex be subject to the City's rental policy of six month minimum rental, with allowance of two short term rental restrictions. 3. That the conditions hereby imposed shall be deemed covenants running with the land and burden the same, and be binding upon the applicant, his heirs, assigns and usccessors in interest. DATED: 4/~,fV:;T r /Y77 Stacy St ndley, Mayor III ~ ~ C--. the City I,'-(!'.e.(...-/~ , ~ City Clerk of of Aspen, Colorado, do hereby c~rtif9'that the foregoing exemption from the definition of subdivision was granted by the Aspen City Council at its regular meeting held , 1977. E;:ZY ~ Odu-:J , Clty Clerk of the City of Aspen STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing was acknowledged before me this ~~~ day of j U,;/JSI , 1977, by Stacy Standley, III, Mayor, and by F~~FN L 4,t-;I,///V') )JEPuTy I City Clerk, of the City of Aspen, Colorado. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: ~1 .;:<''''? /97/" ~~ p~67 \.....\S.::::.:-:.. ,- \:, ." ....-".,;.... ~, ,,' .: ~~:' .' " <. ;':;;'~!;;:'.:':~'~:' < ~' ; -',_ -0,. "'i..j', A :.:1..';"" \11 - . ":",--, :1";;_' \l::j '., ') _ JOU C\....\. ". .~ /,' . / -r',.' ........ ,(,' /,' r r- ("., \.. ./ r \..~. " '....."".. / ~, HEHORANIJUM 1'0: ASPEN CITY COUNCIL FRON: PLANNING STAFF (HC) RE: SUBDIVISION EXEI1PTION-ALPINE ACRES TRANSFER TO THE CITY OF ADDITIONAL RIGIlT- OF-WAY FOR GIBSON AVENUE DATE: NOVENBER 17, 1976 This is a request for Subdivision Exemption by Luke Anthony to transfer land to the City of Aspen for use as right-of-way for Gibson Avenue. The land to be dedicated to the City is described by the attached survey. The dedication of this parcel is a condition of annexation previously imposed by tl,e City Council. The Aspen Planning and Zoning Commission on Nov. 16, 1976 received approval of the subdivision exemption. The Planning Office recommends approval of the Subdivision Exemption as the parcel is not being created for development purposes and therefore is not within the intent and purpose ot the Subdivision Regulations. ~. . .. a N 23044'00" W 135.84 feet along the southwesterly line of said Lot 1; thence N 55035'35" E 11.33 feet; thence 100.94 feet along the arc of a curve to the right having a radius of 350.57 feet, the chord of which curve bears S 26009'30" E 100.59 feet; thence S 17054'35" E 49.11 feet to a point onthe southerly line of said Lot 1; thence N 66009'00" W 15.46 feet along said southerly line to the point of beginning, containing 0.049 aeres more or less. It is agreed between Anthony and the City that such grant shall satisfy the purposes sought. Public right-of-way purposes shall be deeded to include roads', underground ,utilities, sidewalks, curbs and gutters, but not limited thereto. (b) SILVER KING DRIVE RIGHT-OF-WAY. In addition, the City requires the dedication of a portion of Lot 1 of Alpine Acres Subdivision as it abuts Silver King Drive for all public purposes. Anthony has had surveyed, is the fee owner of and shall dedicate to the City.of Aspen the following described real property comprising a part of the said Lot 1: v A portion of Lot 1, Alpine Acres Subdivision, Pitkin County, Colorado, being more fully described as follows: Beginning at the most westerly corner of said Lot 1; thence N 66016'00" E 28.11 feet along the northwesterly lia~of said Lot 1; thence S 48050'17" E 21.68 feet along the North- easterly line of said Lot 1; thence S 55035'35" W 37.97 feet to a point on the southwesterly line of said Lot 1; thence N 23044'00" W 26.67 feet along said southwesterly line to the point of beginning, containing 0.007 acres, more or less. It is understood that the said dedication shall require an exemption to the City's Subdivision Regulations. The City shall, at its expense undertaking the processing of an applica- tion for such exemption. Anthony agrees to cooperate with the City in the filing and processing of such exemption application. (5) ZONING. The Parties hereto agree that the annexation of the property into the City of Aspen is conditional upon the granting (by the City's Planning and Zoning Commission and City Council) of the zoning classification of R-15 for the Subdivision as the same exists on the date thereof in accordance with the Official Code of the City of Aspen. Anthony and Coates - 6 - .' " '. I1EMORANDUll TO: FROI1: RE: DATE: City Council Planning Staff (HC) Subdivision Exemption - Alpine Acres Lots 1,4 and 5 March 10, 1977 This is a request for subdivision exemption for the condominiumi- zation of three existing duplexes on Lots 1, 4 and 5, Alpine Acres Subdivision, As you recall, the property has been recently annexed to the City and is subject to an annexation agreement. The application is technically three separate app1~cations and does qualify for subdivision exemption. The comments of the City Engineer are attached. A copy of the improvement survey will be available for your inspection at the Council meeting. The Planning and Zoning Commission on February 15, 1977 recom- mended approval of the exemption conditioned upon first right of refusal being granted to the present tenants and payment of the subdivision dedication fee. The Planning Office recommends subject to payment of the park calculated to be $ Planning and Zoning Commission. approval of the exemption request dedication fee which has been , and the conditions of the HC/1mk .' HEMO TO: FROM: DATE: RE: "''''- -- HAL CLARK PLANNING OFFICE DAVE ELLIS -;--.. 'l" CITY ENGINEER ~~. February 1, 1977 SUBDIVISION EXEMPTION - Lots 1, 4 and 5, Alpine Acres Subdivision During the recent annexation proceedings for Alpine Acres a thorough review was made of roads, drainage, utilities and other subdivision concerns, and an annexation agreement covers those improvements which are to be made. The engineering department is satisfied witq the agreement as it is and recommends approval of the three exemption applications. ".' ~ LAW OF"F'ICES OATES. AUSTIN 8-. ~1CGRATH eoo EAST HOPKINS STf-iEt: r LEONARD M. OATE.$ RONALD D. AUSTIN .J. NICHOLAS McGRATH, .JR. WILLlA.... R. .JORDAN m ASPEN, COLORADO 81611 .JOHN THOMAS KELLY ROBERT W. HUGHES AREA CODE 303 TELEPHONE QZ5-Z600 January 24, 1977 City of Aspen Planning Department Aspen City Hall 130 South Galena Aspen, Colorado 81611 HAND DELIVERED ATTENTION: Harold S. Clark RE: Condominium Subdivision. of Lots i, " and 5 - Alpine Acres Subdivision i 1 Dear Hal: Following up our telephone conversation of January 20, 1977, I am submitting herewith to you copies of improvement surveys for the above Lots, each of which is improved with a duplex structure. As you have been aware, all along during the annex- ation process of Mr. Anthony's properties, it has been our intention to resubdivide units into individual condominium units. I would advise you that each separate lot shall con- stitute a separate condominium. \'Ie feel that this matter deserves the recommendation of the City of Aspen Planning Department because: 1. The property is improved at this point in time, a strict application of the provisions of the Chapter would serve no useful purpose; and 2. That the exception is necessary in order to preserve the continuing property right of the applicant; and 3. That the granting of the exception will not be detrimental to the public and welfare or injurious to other property in the area in which the subject property is situate as the improve- ments thereon are already constructed. ----. OATES, AUSTIN B. MCGRATH Mr. Harold S. Clark Page Two January 24, 1977 I would ask that this matter be treated as three separate exemption applications and enclose herewith an aggregate of $150.00 representing a non-refundable fee of $50.00 for each exemption requested. . It is my belief that sufficient precedent exists in the community by virtue of the multitude of other duplex structures which have been allowed to be condominiumi~ed or otherwise divided. Very truly yours, OATES, AUSTIN, McGRATH & JORDAN BY~~ (DJM Leonard M. Oates Imk encs. ~:. -~ ....~ cue -R CITY OF ASPEN FINANCE DEPARTMENT CASHIER'S RECEIPT 01.111 LICENSES & PERMITS 511 0 BUSINESS LICENSES 512 0 SALES TAX LICENSES 513 0 BEER. WINE. LIQUOR LICENSES 514 0 CONTRACTOR'S LICENSES 516 0 LIQUOR LICENSE APPLICATION 517 0 DOG LICENSE 518 0 CENTRAL ALARM LICENSE 519 0 BICYCLE LICENSES 520 0 EXCAVATION PERMITS 521 0 CONSTRUCTION PERMITS 522 0 ELECTRICAL PERMITS 523 0 PLUMBING PERMITS 524 0 HEATING PERMITS 525 0 SEPTIC TANK PERMITS 01.111 FINES & FORFEITS 561 0 COURT FINES 562 0 COURT BONDS. FORFEIT 563.01 0 TOWING FINES. IMPOUND 563.020 TOWING FINES. NOT IMPOUND 564 0 TRAFFIC FINES 566 0 FALSE ALARM FINES 568 0 DOG IMPOUND FINES 569 0 OTHER FINES & FORFEITS 01.111 579 589 OTHER MISe. REVENUES o MAPS, CODES, ZONING REGS, o OTHERS (DESCRIBE) 01.988.632.03 0 XEROXING (DESCRIBE) o OTHER - ACCT, NO. DESCRIPTION, (NAME, NUMBER, ETC.), '\1 CASHIER VALIDATION RECEIVED FROM "r , , , ' MEMORANDUM TO: City Council FROM: Planning Staff (HC) RE: Subdivision Exemption - Alpine Acres Lots 1,4 and 5 DATE: March 10, 1977 This is a request for subdivision exemption for the condominiumi- zation of three existing duplexes on Lots 1, 4 and 5, Alpine Acres Subdivision. As you recall, the property has been recently annexed to the City and is subject to an annexation agreement. The application is technically three separate applications and does qualify for subdivision exemption. The comments of the City Engineer are attached, A copy of the improvement survey will be available for your inspection at the Council meeting, The Planning and Zoning Commission on February 15, 1977 recom- mended approval of the exemption conditioned upon first right of refusal being granted to the present tenants and payment of the subdivision dedication fee, The Planning Office recommends approval of the exemption request subject to payment of the park dedication fee which has been calculated to be $ ~. ~/6. ,~ ' and the conditions of the Planning and Zoning eommission. HCjlmk ~ "~.",,",,-~. .~ . ~~ ---- OATES, AUSTIN & McGRATH Attorneys at Law 600 East HopkinS Street ASPEN. COLORADO 81611 PHONE ~925.2600 ~-)-g--77 LAW OFFICES OATES, AUSTIN, MCGRATH 8. .JORDAN 600 EAST HOPK.INS STREET LEONARD M_ OATES ASPEN, COLORADO 81611 RONALD D. AUSTIN ..J. NICHOLAS McGRATH, ..JR. WILLIAM R. ..JORDAN m AREA CODE 303 TEL.EPHONE 9~5-~600 ROBERT W. HUGHES BARRY D. EDWARDS March 10, 1977 Mr. Philip S. Mahoney, City Manager City of Aspen 130 S. Galena Aspen, Colorado 81611 Re: Alpine Acres Subdivision, lots 1, 4, and 5; application by Luke W. Anthony for exemption from definition of subdivision; park dedication fee calculation. Dear Mick: On February 15, the Aspen Planning and Zoning commission unanimously approved the request of our client, Mr. Anthony, for exemption from the definition of subdivision under Ordinance 22, Series of 1975, as amended, conditioned only upon his agreement to give existing occupants of the units on the subject lots the right of first refusal in the purchase of the units when condominiumized, at market value, and cash payment of the park dedication fee in lieu of a land dedication. Mr. Anthony has agreed to comply fully with these conditions. Regarding his agreement to pay the cash dedication fee pursuant to Sections 20-l8(a) (2) and 20-l8(a) (4), Aspen Municipal Code, I offer the following for the purpose of documenting the market value of the land and the amount of the cash payment. All lots within Alpine Acres Subdivision have an area of 15,000 square feet, more or less. Mr. Anthony presently has a contract for sale of lots 2 and 3 of the subdivision to Creative Mountain Development Co., Inc. for an aggregate price of $85,000, or $42,500 per lot. This sale is to be consummated within approximately 60 daYB. However, Mr. Anthony is obligated to Creative Mountain Development Co., Inc. to install underground utilities within lots 2 and 3 at the same time he installs them on lots 1, 4, and 5. The OATES. AUSTIN a MCGRATH Mr. Philip S. Mahoney !-larch 10, 1977 Page Two estimated cost of this installation is to be $20,000 for the five lots of the subdivision. Thus, the cost of installation of underground utilities within lots 2 and 3 will be approximately $8,000, or $4,000 per lot. Accepting the net proceeds to Mr. Anthony from the sale of lots 2 and 3 as the fair value of the virtually identical adjacent lots 1, 4, and 5, the market value per lot is $38,500. It should be noted that the lots within the subdivision have no intrinsic or geographical attributes which would cause substantial differences in their values. Computing the cash payment in lieu of land dedication according to Section 20-l8(a) (2), Aspen Municipal Code, the following schedule reflects the total payment: I. Duplex #1: a) 920 Gibson Avenue 4 bedrooms 5.3 persons b) 930 Gibson Avenue 2 bedrooms 2.7 persons Square footage dedication 871.2 Cash payment in lieu of dedication $2,238.98 II. Duplex #2: a) 940 Gibson Avenue 3 bedrooms 4.0 persons b) 950 Gibson Avenue 3 bedrooms 4.0 persons Square footage dedication 871.2 Cash payment in lieu of dedication $2,238.98 -. OATES, AUSTIN a MCGRATH Mr. Philip S. Mahoney March 10, 1977 Page Three IILDuplex #3: a) 980 Gibson Avenue 3 bedrooms 4.0 persons b) 990 Gibson Avenue 3 bedrooms 4.0 persons Square footage dedication 871.2 Cash payment in lieu of dedication $2,238.98 TOTAL square footage dedication 2,613.6 TOTAL cash payment in lieu of dedication $6,716.94 It would be most ~elpful to meet either today, March 10, or tomorrow, March 11, regarding the determination of the dedication fee set forth in the above schedule. Sincerely, B McGRATH & JORDAN D. BDE/fw MEMO TO: FROM: DATE: RE: -- '-' '""'" j HAL CLARK PLANNING OFFICE DAVE ELLIS ....."'" CITY ENGINEER ~ z..-- February 1, 1977 SUBDIVISION EXEMPTION - Lots 1, 4 and 5, Alpine Acres Subdivision During the recent annexation proceedings for Alpine Acres a thorough review was made of roads, drainage, utilities and other subdivision concerns, and an annexation agreement covers those improvements which are to be made. The engineering department is satisfied with the agreement as it is and recommends approval of the three exemption applications. .# LAW OFFICES OATES, AUSTIN 8. MCGRATH 600 EAST HOPKINS STREET LEONARD M. OATES RONALD O. AUSTIN ASPEN, COLORADO 81611 ..J. NICHOLAS McGRATH,..JR. WILLIAM R. JORDAN m AREA CODE 303 TELEPHONE 925 -2600 ..JOHN THOMAS KELLY ROBERT W. HUGHES January 24, 1977 City of Aspen Planning Department Aspen City Hall 130 South Galena Aspen, Colorado 81611 HAND DELIVERED ATTENTION: Harold S. Clark RE: Condominium Subdivision of Lots J, " and 5 - Alpine Acres Subdivision I 1 Dear Hal: Following up our telephone conversation of January 20, 1977, I am submitting herewith to you copies of improvement surveys for the above Lots, each of which is improved with a duplex structure. As you have been aware, all along during the annex- ation process of Mr. Anthony's properties, it has been our intention to resubdivide units into individual condominium units. I would advise you that each separate lot shall con- stitute a separate condominium. We feel that this matter deserves the recommendation of the City of Aspen Planning Department because: 1. The property is improved at this point in time, a strict application of the provisions of the Chapter would serve no useful purpose; and 2. That the exception is necessary in order to preserve the continuing property right of the applicant; and 3. That the granting of the exception will not be detrimental to the public and welfare or injurious to other property in the area in which the subject property is situate as the improve- ments thereon are already constructed. OATES. AUSTIN 8. MCGRATH Mr. Harold S. Clark Page Two January 24, 1977 I would ask that this matter be treated as three separate exemption applications and enclose herewith an aggregate of $150.00 representing a non-refundable fee of $50.00 for each exemption requested. It is my belief that sufficient precedent exists in the community by virtue of the multitude of other duplex structures which have been allowed to be condominiumized or otherwise divided. Very truly yours, OATES, AUSTIN, McGRATH & JORDAN By ~~ ~ Leonard M. Oates lmk encs.