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HomeMy WebLinkAboutcoa.lu.ex.Muckenhirn, Lot 12,Block1, Snowbunny .215789 1979 Reception # o Loretta Ban~, Recort;n371 :.:~: 4~:J 1ff E'x. Recorded 1:16 PM June 28 STATEMENT OF EXEMPTION FROM THE 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: Lot 12 Block 1 Snowbunny Subdivision and, 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 o o .371 ~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: ::!/ , ,,/,-? / / ~ // ~/,./ / ,/ . c:---::: ,/( ___------ iiL- 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. " OF ,,~' ", 'r.~ ,."vP~. - "".;:~ -'-:.. .' /'<t: {'ota FI-. ~ ~ ~~)S~~eP , . C':' 'l:l<A I . ,;:)p 1...:. . .' . . 2. ~ rtdI)1 -- , ~ l' ;;;~ /v~u/t~~~ ~ - DECLhRATION OF COVE:lJl.NTS, (j (J ~~ DAVID MUCKENHIfu~ (covenantor), for himself, hi~ heirs, executors, administrators, and assigns hereby covenants with the City of Aspen, pitkin County, Colorado that: 1. DAVID MUCKENHIRN 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 , 1979. DAVID MUCKENHIP.N STATE OF COLORADO) ) ss. COUNTY OF PITKIN ) Th~ foregoing instrument was acknowledged before me this 27th day of March, 1979, by DAVID MUCKENHIfu~. WITNESS my hand and official seal. My commission expires: Notary Public ~ ~ MEMORANDUM TO: FROM: RE: DATE: Aspen City Council Richard Grice, Planning Office Muckenhirn-Subdivision Exemption 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 Manbers 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 InlII1ber 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. ~S;r~~i/ ~/ L L ./ David Muck nhirn Box 83 53 Aspen, CO 81611 ----' lZecordcd ;1(- 12:/!BP~1 "til.ll 31, 197~ Loretta B,lllner RecorilJ~r 1.:eccrtJon :\o.'j"1.1 S9~ !-.I._.l... _ l~/hl 11/13209 ,. ~~1!1 ,"". ' ""? P \.) ')'" 13,)L)..... (jl~' UTILITY EASEHENT , The Undersigned GI~.3ntor (nnd eueh .1nd nIl of them if more than one) hereby deuiciltcs to The Hountain States Telephone and Telegraph Company, a Colorado corporation, Holy Cross Electric Association, and Canyon C<1ble T.V., a per- petunl Utility Easement for the installation, nl<li,ntcl1nl1ce Dncl replacement of utilitlc~:;, including, but not limited to, e.lectric lines and appurtences, telephone. Ijncs nnd apptJrtences and cnhle T.V. Ij.nes and nppurtences upon) over, under and across the follOi-Jing described land \vllich the Grantor mvns or in \vhich the Grantor has any interest, to \'lit: The South Ten (10) feet of the West Five (5) feet of Lot 12, Block I, of Snowbunny Subdivision in the City of Aspen, Colorado, situate in the County of TOGETHER with the right of the Grantor to and from the interfering trees and brush easement is to be used in a Pitkin , State of Colorado ingress and egress over and across the lands of above described property, and the righ t to trim and other obstructions as may be necessary. Said reasonable and prudent manner. The Grantor reserves for all purposes not the r1gh t to occupy, use and cuI ti va te said proper ty inconsis tent wi th the righ ts herein granted. "", 0' /iiIJOAflY Ir~"'ll ;/1 u c: -r- (- /JI'/ I/.:.'J-;J Sig~ed and delivered this / "=:: ----.f STATE OF COLORADO County of nl!c"?///"-') 55. _~<.L.... h11'1'NESS my hLlnd tind officiAl seal. Hy commission expires, 1...t?(I('.?J(1)?j /Cj>?,V \. \ \ '. \ ( " I ; ~.. : : ';:' .. 1', ( , ~" '.- .:.,' -1 \,\.."~ y.~, ""'.- ~:/ {.~~.~'., . ..'. , ", .': -~ :<:.-:~- " , -r" ,_ .' :: ..\ \] if\ 1(,"" \~~,,_.(~.~;. .' '- _ . 'b I ' [\ \ \ \., .:' Q f \" (~~....' - .. - .- .,: -:") ,:": ....., 1,'-:. .' 'J<:' ,,' ", ::; r (.0\' \ ,,' " ", " -""11' ,,',I d~:::c;:ra.J:??k'.J J;?zt;J'?4r .2: (/ (/ /\ t.-Notary Public'. ../ " @ Mountain Bell . Jake A. Moss Right-of-\....'ay Agent PO, Box 2688 Grand Junction, Colorado 81501 Phone (303) 243-8011 January 11, 1979 Aspen/Pitkin Planning Department 130 South Galena Street Aspen, CO 81611 ATTENTION: Richard Grice 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 facil:i. ties were placed wi thin 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 vlill not have an opportuni. ty to review this in the field b(~fore an anSHP-r if.; required by your office. jlL- ~ #/..-n-- Jake A. Hoss Right-of-Way Agent . --(; "--.\ 'J"-" L/ ~ lr>:/ r, ()J /---,C/ ~\ I ('jo..../ J ,0 v...,J..' .Qr V j' (,~~ Ql-Z'.-" / Thank you for the opportunity to review this plat. Sincerely, JAH/jlh ~ ~~ ''rZ0N () cc: Ipi tkin County Commissioner G2) I Bill HcDaniel, Hountain Bell" ~ick Marquez, Hountain Bell (I) 0- }JJJ /'."'- @ r ~ Mountain Bell Jake A. Moss Right-at-Way Agent po. Box 2688 Grand Junction, Colorado 81501 PllOnc (303) 243-8011 January 22, 1979 David Muckenhirn Box 8353 Aspen, CO 81611 Dear Mr. Muckenhirn, 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, g / /) 'h'r- /:.r;"- (f; //1'.rr Jake A. Moss Right-oE-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 r '- M E M 0 RAN DUM 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 / I"" '- @ Mountain Bell Jake A. Moss Right-of.Way Agent PO, Box 2688 Grand Junction, Colorado 81501 Phone (303) 243~8011 February 20, 1979 David Muckenhirn Box 8353 Aspen, CO 81611 Dear David, 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, ~ a /J! on-- (/J:k~ A. Moss Right-of-Way Agent cc: Holy Cross Electric Canyon Cable T.V. JAM/jlh Enclosure c 1"""\ v 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 . 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 day of , A.D., 19 STATE OF COLORADO County of ss. WITNESS my hand and official seal. My commission expires Notary Public c , , .'y " I~....~-/ CITY OF ASPEN 130 south galena ~treet aspen, C 0 lor ado>' 8 1611 -.'/-'" January 17, 1979 Mr. Jake A. Moss Right-of-Way-Agent Mountain Bell Box 540 Grand Junction, Co. 81501 \ I 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 May 2, 1957 and recorded on the same date iIi Book 181 at Pages 255 through 257 of the Pitkin County Clerk's records. Paragraph ~ix 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 grant an easallent 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 , r''. '-' Page Two Re: Subdivison Exemption Request- Lot 12, Block 1, Snowbunny January 17, 1979 the applicant. Very truly yours, "]) ~ [eLJ Dave Ellis City Engineer jk enc. cc: Richard Grice . . ,,"- '- "..... .. ......-.;:;~ LOT 14 FOUND. REBAR WIF\.A$. CAP L.S. 6866 ACTUAL PROP COR. UNDER FENCE (NOt SEll ,r.I- I &1' 5$ LO,T '1 ~~~~:W/PLAS.CAP L.S.6868 \ FOUND: ,..'':> REBAR WI "'LAS.CAP L.S.12707 .. i 13.511 5' UTILITY EASEMENT 7" 22.0 o " N BLOCK FOUNDATION 2lS';t 47.45 '" O~ 0'" I .'i3 "- CD 0 08 ;Z,. I L . 5 WOOD FENCE ON CONe. PAD WI ELEC.1RANS. a METERS . ~ TV PEO. --TELE. PEt). " .., S 84-'O'OO"E . ~ BLOCK BUNNY L:'.::T I":'; . -' '. ... Ii -l ,/,' " . "", '" o " FOL 46.7 FOUN DATION ~ .. . .~ '" ,., 589 56 00 W COURT ..4 LO BL 0.3 86.60 " / '0"...... @ Mountain Bell Jake A. Moss Right-at-Way Agent PO Box 2688 Grand Junction, Colorado 81501 Phone (303) 243-8011 January 11, 1979 Aspen/Pitkin Planning Department 130 South Galena Street Aspen, CO 81611 ATTENTION: Richard Grice 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, JlL- ~ 4/~ Jake A. Moss Right-of-Way Agent JAM/jlh cc: Pitkin County Commissioner Bill McDaniel, Mountain Bell Nick Marquez, Mountain Bell !!'...c, ,"", I ~ \.' .,; " , J ' , f . I I "'/ , : \ ' , I', '\ '" . ,~ -, - "'- '~{ -..... - ing Department s t re e t 81611 ASPEN/PITK 130 so aspen, January 8, 1979 Canyon Cable TV Mountain Bell Holy Cross Dear Sir: 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 .r ~.." ,.~,. M E M 0 RAN DUM 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 CIT PEN MEMORANDUM ~ATE: January 2, 1979 TO: Richard G~ FROM: Ron S~\~ RE: Muckenhurn Subdivision Exemption I recommend the approval of the subdivision exemption for the Muckenhurn duplex. aWS:mc r ,." 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 and Zoning Commission on January 16, 1978. we will need your written comments returned later than January 5, 1978. review by the City Planning In order to make this date, to the Planning Office no 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.