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HomeMy WebLinkAboutcoa.lu.ex.Muckenhirn, Lot 12,Block1, SnowbunnyU\IS01, )� Muckenhirn Lot 12, Block 1 SnowBunny E A Recorded 1:16 PM June 28 1979 Reception Loretta Bang Recorder 3, 48j J G STATEMENT OF EXEMPTION FROM THE K DEFINITION OF SUBDIVISION WHEREAS, the applicant, DAVID MUCKENHIRN, is the owner of the following described real property situate in the City of Aspen, County of Pitkin, State of Colorado: and, Lot 12 Block 1 Snowbunny Subdivision WHEREAS, there is presently constructed upon the property above -described a duplex consisting of two (2) five -bedroom units; and, WHEREAS, the applicant has requested an exemption from the definition of a subdivision for the purposes of sub- dividing the existing duplex through condominiumization; and, WHEREAS, the Aspen Planning and Zoning Commission at its meeting held January 16, 1979, determined that an exemption from the definition of a subdivision was appropriate in the circumstances and recommended that the same be granted; and, WHEREAS, the City Council of Aspen, Colorado at its meeting held March 26, 1979, and upon the recommendation of the Planning and Zoning Commission aforesaid, determined that the application of DAVID MUCKENHIRN met the requirements of subsection (c) of Section 20-22 of the Municipal Code of the City of Aspen, and that, accordingly the subdivision of the existing duplex through condominiumization is not within the intent and purpose of Chapter 20 of the .Municipal Code of the City of Aspen; NOW, THEREFORE, the City Council of Aspen, Colorado does hereby determine that the proposed subdivision through the condominiumization of the duplex situate upon Lot 12, Block 1, Snowbunny Subdivision, Pitkin County, Colorado, is not within the intent and purpose of Chapter 20 of the Municipal Code of the City of Aspen and does, therefore, grant an exemption 4 r,,37 484 from the definition of a subdivision for the purposes aforesaid; PROVIDED, HOWEVER, that the grant of the foregoing exemption shall be subject to and conditioned upon compliance with the provisions of subsection (b) of Section 20-22 of the Municipal Code of the City of Aspen, as that particular section read on the date this exemption was granted. DATED: i --� Mayor I, KATHRYN S. KOCH, do hereby certify that the foregoing Statement of Exemption from the Definition of a Subdivision was considered and approved by the Aspen City Council at its regular meeting held March 26, 1979, at which time the Mayor was authorized to execute the same on behalf of the City of Aspen. KAT,YRYN S. KOCH pa • • 0 J DECLARATION ON OF C0'1,7E%'ATNTS DAVID MUCKENHIRN (covenantor), for himself, hi heirs, executors, administrators, and assigns hereby covenants with the City of Aspen, Pitkin County, Colorado that: 1. DAVID MUCKENHIIUN is the owner of the following described property located in the City of Aspen, County of Pitkin, together with the improvements thereon: Lot 12 Block 1 Snowbunny Subdivision 2. The above -described property shall be restricted to six (6) months minimum leases with no more than two (2) shorter tenancies in any calendar year. 3. The covenants contained herein are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty (20) years from the date these covenants are recorded, after which time, said covenants shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by the City of Aspen and the then record owners of the property has been recorded, agreeing to change said covenants in whole or in part or agreeing to release said covenants. IN WITNESS WHEREOF, this Declaration has been duly executed this day of DAVID MUCKENHIRN STATE OF COLORADO) ) ss. COUNTY OF PITKIN ) 1979. The foregoing instrument was acknowledged before me this 27th day of March, i979, by DAVID MUCKE_vHIRN. WITNESS my hand and official seal. My commission expires: Notary Public 0 • MEMORANDUM TO: Aspen City Council FROM: Richard Grice, Planning Office RE: Muckenhirn-Subdivision Exemption DATE: March 19, 1979 The attached letter of application requests subdivision exemption for the purpose of condominiumization of a new duplex which is currently under con- struction. The duplex is located on Lot 12, Block 1, of the Snowbunny Subdivision, West Aspen, which is zoned R-15. Ron Stock has reviewed this application and recommended approval of the exemption request. Dave Ellis' comments are as follows: "After having reviewed the improvement survey of this project and having made a site inspection, the City Engineering Department recommends granting of the subdivision exemption subject to one condition. That condition relates to the electric and communications utilities located in the Southwest corner of the lot. Although no City utilities are involved, we feel that the specific utilities involved-i.e., Holy Cross Electric, Mountain Bell and Canyon Cable TV, be contacted for comment as to whether or not the facilities are of a public nature or service only Lot 12, and whether or not an easement is needed." The Planning Office has written to the utility companies mentioned requesting comment regarding the need for an easement. The utility companies have been in contact with the applicant, have indicated the utility easement needed, this easement has been signed by David Muchenhirn and recorded in Pitkin County. Obviously there will be no tenant displacement as a result of this conversion since the units have never been occupied in the past. The letter indicates that Mr. Muckenhirn intends to reside in one of the units and is himself a person of moderate income. We feel that in this case, condominiumiza- tion will result in increasing the possibility of homeownership by persons of moderate income due to the fact that certainly no person of moderate income could afford to buy the entire building. We recommend you approve this subdivision exemption request subject to the condition that both units shall be restricted to six month minimum leases with no more than two shorter tenancies per year. City of Aspen Planning & Zoning Commission 130 S Galena St. Aspen, CO 81611 Dear Members of the Commission: This letter is a request for subdivision exemption of my property on Snowbunny Lane for the purpose of condominiumization. This property, solely owned by me, is a new duplex under construction located at Snowbunny Subdivision, Block 1, Lot 12. Attached are copies of an improvement survey showing the footprint of the building. Richard Grice has indicated that I must demonstrate that approval will not reduce the supply of low and moderate income housing, as stated in section 20-22(c) of the Aspen Municipal Code, amended by ordinance number 39. There are four criteria to be considered in making this demonstration. Criterion 1 is not relevant because there have been no previous tenants. I am not sure what evidence I can provide to meet criterion 2. Possibly, that I am a person of moderate income and intend to live in one side of the duplex is relevant. Also, as in my previous home in Snowmass, where I rented to people of moderate income, (all local employees) and sold to a family of moderate income (also local employees), I intend to do the same. Criterion 3 is not relevant because there have been no previous tenants. Criterion 4 speaks to prospective purchasers for which I have none. I have been a full time Pitkin County resident and employee or employer for the last five years. Thank you for your consideration. r--S.�ncerely, � I David Muck ii.hirn Box 8353 Aspen, CO 81611 Reception No-Z11.599 Recorded at 12:48PM ui 31, 1979 Loretta Banner Recor 1t114 I143209 80 / UTILITY EASEMENT The Undersigned Grantor. (nnd each and all of them if more than one) hereby dedicates to The Mountain States Telephone and Telegraph Company, a Colorado corporation, Holy Cross Electric Association, and Canyon Cable T.V., a per- petual Utility Easement for the installation, maintenance and replacement of utilities, including, but not limited to, electric lines and appurtences, telephone lines and appurtences and cable T.V. lines and appurtences upon, over, under and across the following described land which the Grantor owns or in which the Grantor has any interest, to wit: The South Ten (10) feet of the West Five (5) feet of Lot 12, Block 1, of Snowbunny Subdivision in the City of Aspen, Colorado, situate in the County of Pitkin , State of Colorado TOGETHER with the right of ingress and egress over and across the lands of the Grantor to and from the above described property, and the right to trim interfering trees and brush and other obstructions as may be necessary. Said easement is to be used in a reasonable and prudent manner. The Grantor reserves the right to occupy, use and cultivate said property for all purposes not inconsistent with the rights herein granted. Si ned.and delivered this ''� L ` 'J �., % day of ���c.'�i1�7 A.D., 19�. STATE of COLORADO County of ss. WITNESS my hand and offici 1 seal. MY. commission expires otary Public Jake A. Moss Rigel -of -Way Agent January 11, 1979 Aspen/Pitkin Planning Department 130 South Galena Street Aspen, CO 81611 ATTENTION: Richard Grice (Mountain Dell ` P.O. Box 2688 Grand Junction. Colorado 81501 Phone (303) 243-8011 Re: Subdivision Exemption Request - Snowbunny Subdivision Dear Mr. Grice, We have reviewed the subdivision exemption request for Lot 12, Block•1 of Snowbunny Subdivision. According to our records, our facilities were placed within the dedicated roadway along Bunny Court and no additional easements would be required. However if a later survey shows us to be within the property lines of Lot 12, we would need an easement to cover this. Due to the time frame involved, I will. not have an opportunity to review this in the field before an answer ir. required by your office. Thank you for the opportunity to review this plat. Sincerely, Jake A. Moss Right -of -Way Agent JAM/ jlh cc: ✓ Pitkin County Commissioner Bill McDaniel, Mountain Bell Nick Marquez, Mountain Bell. Jake A. Moss Right -of -Way Agent January 22, 1979 David Muckenhirn Box 8353 Aspen, CO 81611 Dear Mr. Muckenhirn, Mountain Bell PO. Box 2688 Grand Junction, Colorado 81501 Phone (303) 243-8011 Pursuant to receipt of the site survey of Lot Twelve (12), Block One (1) of Snowbunny Subdivision from the City of Aspen, I have drafted the enclosed Utility Easement for your consideration. I have contacted both Holy Cross Electric and Canyon Cable T.V. re- garding this and they are in agreement with the proposal. If you are in agreement with granting this Utility Easement, please sign and notarize the original and return to me in the enclosed envelope. Thank you. Sincerely, Jake A. Moss Right -of -Way Agent cc: Holy Cross Electric Association City of Aspen, Engineering Department City of Aspen, Planning Department Canyon Cable T.V. Enclosures JAM/ j lh 11 • M E M O R A N D U M TO: Aspen Planning and Zoning Commission FROM: Richard Grice, Planning Office RE: Muckenhirn Subdivision Exemption DATE: January 10, 1979 The attached letter of application requests subdivision exemption for the pur- pose of condominiumization of a new duplex which is currently under construc- tion. The duplex is located on lot 12, blk. 1, of the Snowbunny Subdivision in west Aspen, which is zoned R-15. Ron Stock has reviewed this application and has recommended approval of the exemption request. Dave Ellis' comments are as follows: "After having reviewed the improve- ment survey of this project and having made a site inspection, the City Engineer-. ing Department recommends granting of the exemption subject to one condition. That condition relates to the electric and communication utilities located in the southwest corner of the lot. Although no city utilities are involved, we feel that the specific utilities involved - i.e., Holy Cross Electric, Mountain Bell, and Canyon Cable TV, be contacted for comment as to whether or not the facilities are of a public nature or service only lot 12, and whether or not an easement is needed." The Planning Office has written to the utilities men- tioned requesting comment regarding the need for an easement, but as yet we have received no response. Obviously there will be no tenant displacement as a result of this conversion since the units have never been occupied in the past. The letter indicates that Mr. Muckenhirn intends to reside in one of the units and is himself a person of moderate income. We feel that in this case, condominiumization will result in increasing the possiblility of home ownership by persons of moderate income due to the fact that certainly no person of moderate income could afford to buy the entire building. We recommend your approval of this subdivision exemption request subject to the following conditions: 1. In the event the electric and communication utilities located in the southwest corner of the lot are of a public nature and an easement is requested by Holy Cross Electric, Mountain Bell or Canyon Cable TV, the owner of the property will agree to grant the necessary easement. 2. Both units shall be restricted to six month minimum leases with no more than two shorter tenancies per year. sr Jake A. Moss Right-ol-Way Agent February 20, 1979 David Muckenhirn Box 8353 Aspen, CO 81611 Dear David, Mountain Bell PO. Box 2688 Grand Junction, Colorado 81501 Phone (303) 243-8011 Pursuant to our earlier telephone conversation, you will find enclosed a copy of the recorded document providing a Utility Easement in the Southwest Corner of Lot Twelve (12), Block One (1), Snowbunny Subdivision in the City of Aspen. Thank you for your cooperation in this matter. Sincerely, Jake A. Moss Right -of -Way Agent cc: Holy Cross Electric Canyon Cable T.V. JAM/jlh Enclosure 0 • UTILITY EASEMENT The Undersigned Grantor (and each and all of them if more than one) hereby dedicates to The Mountain States Telephone and Telegraph Company, a Colorado corporation, Holy Cross Electric Association, and Canyon Cable T.V., a per- petual Utility Easement for the installation, maintenance and replacement of utilities, including, but not limited to, electric lines and appurtences, telephone lines and appurtences and cable T.V. lines and appurtences upon, over, under and across the following described land which the Grantor owns .0 or in which the Grantor has any interest, to wit: The South Ten (10) feet of the West Five (5) feet of Lot 12, Block 1, of Snowbunny Subdivision in the City of Aspen, Colorado, situate in the County of Pitkin , State of Colorado TOGETHER with the right of ingress and egress over and across the lands of the Grantor to and from the above described property, and the right to trim interfering trees and brush and other obstructions as may be necessary. Said easement is to be used in a reasonable and prudent manner. The Grantor reserves the right to occupy, use and cultivate said property for all purposes not inconsistent with the rights herein granted. Signed and delivered this STATE OF COLORADO County of ss. WITNESS my hand and official seal. My commission expires day of , A.D., 19 Notary Public CITY G**F ASPEN 130 south galena street aspen, eolorado.-' 81611 January 17, 1979 Mr. Jake A. doss Right -of -Way -Agent Mountain Bell Box 540 Grand Junction, Co. 81501 Re: Subdivision Exemption Request - Lot 12, Block 1, Snowbunny Dear Jake: The engineering department initially recommended that the subject subdivision exemption request be referred to the electric and com- munication utilities for comment as to whether or not they already had or would like an easement for the facilities located on Lot 12. I am now following up on your reply of January 11 to this referral from Richard Grice of the Aspen/Pitkin Planning Department. The improvement survey submitted by Alpine Surveys indicates that your equipment is within Lot 12 as well as Lot 11. Since the ini- tial referral, we have received a copy of the "Protective Covenants of Snowbunny Subdivision" dated 14ay 2, 1957 and recorded on the same date in Book 181 at Pages 255 through 257 of the Pitkin County Clerk's records. Paragraph six in these covenants reads as follows: "An easement five (5) feet wide is reserved upon all rear lot lines and similarly along all side building site lines, for utility instal- lation and maintenance. A 'site is intended to mean a single piece or parcel of land consisting of not less than one (1) full platted lot or an area substantially equivalent thereto." This easement reservation is for the benefit of Snowbunny Corpora- tion and its Grantees. There may have been an assignment of this easement for the entire subdivision at some earlier date. If this was not the case, it would appear that the most expeditious solution to the problem would be to have the present owner -rant an easement coinci- ding with that easement described in the protective covenants. Unfortun- ately, I do not have a reproducible copy of the protective covenants, but I have included a copy of the improvement survey. If you could advise me as to how Mountain Bell would prefer to handle this, I will follow up on the matter with the Planning Department and • • Page Two Re: Subdivison Exemption Request - Lot 12, Block 1, Snowbunny January 17, 1979 the applicant. Very truly yours, Dave Ellis City Engineer jk enc. cc: Richard Grice s OT { I 1...C� T 14 r. FOUND: REBAR WIPLAS. CAP L.S 6868 ACTUAL PROP COR. S 84° 10- 00"E UNDER FENCE (NOT SET) 5 UTILITY EASEMENT 135. N -- -- 22.0 —�— � I t�SJapN BLOCK FOUNDATION h �I W W 0 ZO O ,` I l� O 08 z 3 I L LWOOD FENCE S. CON WIELEC.TRANS.6 MI -TV PED. FOUND —TELE. PED. REBAR W/PLAS.CAP L.S. 6868 FOUND REBAR W 1 ALAS. CAP L.S. 12707 C BUNNY COURT I't j0 ,..ram xi�ea�' . .�,,..,,..� rr.,�...--. •,�.E•,,,. ,�.,....._ _ .. s .�.�..-.;. ... m f.1 0 LOT BLC 0.35 Jake A. Moss Right -of -Way Agent January 11, 1979 Aspen/Pitkin Planning Department 130 South Galena Street Aspen, CO 81611 ATTENTION: Richard Grice Mountain Bell PO Box 2688 Grand Junction, Colorado 81501 Phone (303) 243-8011 Re: Subdivision Exemption Request - Snowbunny Subdivision Dear Mr. Grice, We have reviewed the subdivision exemption request for Lot 12, Block 1 of Snowbunny Subdivision. According to our records, our facilities were placed within the dedicated roadway along Bunny Court and no additional easements would be required. However if a later survey shows us to be within the property lines of Lot 12, we would need an easement to cover this. Due to the time frame involved, I will not have an opportunity to review this in the field before an answer is required by your office. Thank you for the opportunity to review this plat. Sincerely, Jake A. Moss Right -of -Way Agent JAM/ j lh cc: Pitkin County Commissioner Bill McDaniel, Mountain Bell Nick Marquez, Mountain Bell I] ASPEN/PITK 130so aspen, Canyon Cable TV Mountain Bell Holy Cross Dear Sir: 1-1 ng Department street 81611 January 8, 1979 RE: Subdivision Exemption Request - Lot 12, Blk. 1, Snowbunny Subdivision We are currently processing a request for condominiumization via sub- division exemption for the duplex which is currently under construction on the above referenced lot. The Engineering Department in the City has requested that I write to you regarding the electric and commun- ication utilities located in the southwest corner of the lot. The question we have is whether or not the facilities mentioned are of a public nature or service only lot 12 and whether or not an easement is needed. This item is scheduled for review by the Aspen City Council on January 22, 1979. In order to have the benefit of your recommendation, we will need your written comments returned to the Planning Office no later than January 17, 1979. Thank you very much. Sincerely, Richard Grice Assistant Planner RG/sr M E M O R A N D U M TO: RICHARD GRICE PLANNING FROM: DAVE ELLIS CITY ENGINEER DATE: January 3, 1979 RE: Subdivision Exemption Request - Lot 12, Block 1, Snowbunny (Muckenhirn) After having reviewed the improvement survey of this project and having made a site inspection, the engineering department recom- mends granting of the exemption subject to one condition. That condition relates to the electric and communication utilities located in the southwest corner of the lot, Although no City utilities are involved, we feel that the specific utilities in- volved - i.e., Holy Cross Electric, Mountain Bell, and Canyon Cable TV, be contacted for comment as to whether or not the facilities are of a public nature or service only Lot 12, and whether or not an easement is needed. jk cc: David Muckenhirn 0 CITY OF ASPEN 130 south galena street aspen, colorao 81611 MEMORANDUM :SATE: January 2, 1979 TO: Richard (G A el FROM: Ron St ck RE: Muckenhurn Subdivision Exemption I recommend the approval of the subdivision exemption for the Muckenhurn duplex. 6WS : i:Ic MEMORANDUM TO: Ron Stock, City Attorney Dave Ellis, City Engineer FROM: Richard Grice, Planning Office RE: Muckenhurn Subdivision Exemption-Condominiumization DATE: December 26, 1978 The attached application requests exemption from the definition of subdivision for the purpose of condominiumization. The subject duplex is a new duplex which is currently under construction. This item is tentatively scheduled for review by the City Planning and Zoning Commission on January 16, 1978. In order to make this date, we will need your written comments returned to the Planning Office no later than January 5, 1978. In the event you are unable to make this deadline, please let us know immediately and we will reschedule for a later date. Thank you very much. FOUND: REBAR W/PLAS. CAP L.S. 6868 13.51 ACTUAL PROP. COR. UNDER FENCE (NOT SET) - 5' UTILITY EASEMENT 2 2.0 6 K o 5 56 I BLOCK FOUNDATION m -- 27.5't---- w w O z O L I ti O (D O p 0 L WOOD FENCE ON CONC. PA WI ELEC. TRANS. 8 METER! r--TV PE RFOUND B'`�--TELE. PED. REBAR WI PLAS. CAP L.S. 6868 FOUND: REBAR WI PLAS. CAP R' 4 L.S. 12707 0 i L/ Q �i ALPINE SURVEYS Box 1730 Aspen ,Colorado 81611 303.925.2688 R ts4 10.00"E N BUNNY ,� M c� I — 22.0 o RI OCK o 56 00 W 86• COURT FOUND: REBAR W/PLAS. CAP L.S.12707 iy I(D'II 3 yL2 W Z Q J O -18.5 t W O O lq- o �- o z Z m 18.6't— --- -- --i LOT 12 BLOCK I 0.353'- ACRES �s� s�,g�►cic r SURVEYED: 23 OCTOBER1978 RK DRAFTED: 31 OCTOBER 1978 DMA REVISIONS: N FOUND: REBAR W/PLAS. CAP L.S. 12707 0 5 10 20 30 40 50 FT- O SCALE I" = 10' BASIS OF BEARING: FOUND MONUMENTS AS SHOWN V SURVEYORS CERTIFICATE I HEREBY CERTIFY THAT THIS MAP ACCURATELY DEPICTS A SURVEY MADE UNDER MY SUPERVISION ON OCTOBER23,1978, OF LOT 12, BLOCK I , SNOWBUNNY SUBDIVISION, CITY OF ASPEN, COLORADO. THE THREE BLOCK FOUNDATIONS WHERE FOUND TO BE LOCATED ENTIRELY WITHIN THE BOUNDARY LINES OF THE ABOVE DESCRIBED PROPERTY. THE LOCATION AND DIMENSIONS OFALL BUILDINGS, IMPROVEMENTS, EASEMENTS, RIGHTS -OF -WAY IN EVIDENCE OR KNOWN TO ME AND ENCROACHMENTS BY OR ON THESE PREMISES ARE ACCURATELY SHOWN. ALPINE SURVEYS by: JAMES F RESER NOVEMBER 1 , 1978 L.S. 9184 184 TITLE: IMPROVEMENT SURVEY LOT 12, BLOCK 1, SNOWBUNNY SUBDIVISION CITY OF ASPEN, COLORADO JOB NO., A-78-219 CLIENT MUCKENHIRN SHEET NO. I of I Recorded 1:32 PM September 1IW78 Recption # 20 1 0 8 Lo lca Banner Rccprder T T a 354 STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION WHEREAS, GEORGE and SANDY OCHS are the owners of a parcel of land located in Pitkin County, Colorado, more particularly described as: Lot 29, West Aspen Subdivision City of Aspen, Colorado WHEREAS, the applicants have an existing single family residence located on said property, and WHEREAS, applicants have requested an exemption from the definition of subdivision for the purpose of subdividing the existing property through condominiumization, and WHEREAS, the Aspen Planning and Zoning Commission, at its meeting held July 18, 1978, 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 residential property 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 property 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 the foregoing exemption is conditioned upon the restriction of rental of said condominium units to periods of not less than six (6) successive months (or in the alternative to not more than twice for short-term periods within any calendar year) . /, Dated: Stacy /Stanidley, III, Mayo I KATHRYN S. KOCH, do hereby cify 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, July 24, 1978, at which time the Mayor,: Stacy Standley, III, was authorized to execute the same 4n.,behalf of the City of Aspen. Kathryn Koch, City Clerk STATE OF COLORADO ) ss. COUNTY OF PITKIN ) L� The foregoing was acknowledged before me this_-,�_5 day of August, 1978, by Stacy Standley, III and Kathryn S. Koch, persorM y.known to me to be the MaJ7or and City Clerk, respectively, cif the City of Aspen. Witnessmy hand and official seal. My commission expires: No ary Public ✓' / 4 /9 79