HomeMy WebLinkAboutcoa.lu.ex.Naiman, Lot 1, Block 1, Pitkin Mesa
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
Aspen City Council
FROM: Sunny Vann, Planning Office
RE: Naiman Subdivision Exemption
DATE: April 3, 1980
Zoning: R-15, Residential
Location:
Rental Hi story:
Engineering
Comments:
Attorney's
Comments:
Housing Director's
Commen ts :
Planning Office
Recommendation:
P & Z
Recommendation:
Cemetary Lane (Lot 1, Block 1, Pitkin Mesa Subdivision)
The lower unit of the Naiman duplex rents for $875 per
month and does not fall wi:thin the City's employee
housing price guidelines. The upper unit was owner-
occupied until Mr. Naiman purchased it in 1979; it has
been renter-occupied since the sale and currently rents
for $950 per month. It also does not fall within the
employee housing price guidelines.
The Engineering Department recommends approval subject
to 1) the revision and resubmission of the owner/appli-
cant's improvement survey to include those items indi-
cated in the Department's attached memorandum, 2) the
owner/applicant agreeing to enter into a sidewalk, curb
and gutter improvement district in the event one is
formed, 3) the owner/applicant agreeing to note the
encroachment of the minor accessory buildings onto
City-owned property as further described in the Depart-
ment's attached memo, and 4) the owner/applicant agree-
ing to provide a remote-reading type water meter by
June 1, 1980, the details of which are described in the
attached memorandum.
If the Naiman subdivision exemption is granted, approval
should be conditioned upon the owner/applicant complying
with the notice and option and six month minimum lease
restrictions of Section 20-22 of the Municipal Code.
Under the housing price guidelines adopted for previous
approvals and construction, neither unit falls into the
low, moderate or middle income housing pool.
The Planning Office recommends approval subject to the
the conditions outlined in the attached Engineerin9
Department memorandum dated April 1, 1980, and
sUbject to the applicant complying with the notice an
option and six month minimum lease restrictions of
Section 20-22 of the Municipal Code.
The Aspen Planning and Zoning Commission concurs with
the Planning Office recommendation.
APPLICATION FOR EXEMPTION
FROM
SUBDIVISION~EGULATIONS
Request is hereby made on behalf of MARVIN NAIMAN
(hereinafter referred to as "applicant") under ~20-19 (a) of
the Aspen, Colorado, subdivision regulations for an exemption
from the definition of the term "subdivision" with respect to
real property described as Lot 1, Block 1, Pitkin Mesa Sub-
division, Pitkin County, Colorado.
II
An exemption in this case would be appropriate.
The application involves subdivision of an existing
structure. Requiring strict compliance with subdivision regu-
lations for the subdivision of a lot with a duplex
on it
creates conditions which will deprive the applicant of reason-
able use of land. If an exemption is granted, owners of the
property will have a common interest in the land; and there
will be either a condominium declaration or use and occupancy
agreement applicable to the property which will not in any way
, increase the land use impact of the property. An exemption in
this case will not conflict with the intent and purpose of the
subdivision regulations which are directed to assist the
orderly, efficient and integrated development of the City of
Aspen, to ensure the proper distribution of population, to
coordinate the need for public services and to encourage well
planned subdivisions.
The granting of this application will not undermine the
intent of the subdivision regulations, as it is clearly within
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the area intended for exemption under ~20-19.
The building is
already in existence;
there will be no change in the density
which is presently in line with the prescribed population
density for the property.
A follow-up letter addressing Ordinance 39 compliances
will be delivered shortly.
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i this application at your next regular meeting.
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The applicant would appreciate your consideration of
Dated:
January 2, 1980.
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Gideon I1-Ka~-
Attorney for Applicant
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MEMORANDUM
TO:
SUNNY VANN, PLANNING OFFICE
JAY HAMMOND, ENGINEERING OFFICE~
FROM:
DATE:
APRIL 1, 1980
RE:
NAIMAN SUBDIVISION EXEMPTION, LOT 1, BLOCK 1,
PITKIN MESA SUBDIVISION
Having reviewed the survey plat for the above sub-
division exemption and having made a site inspection,
the Engineering Department recommends the following:
1) The owner/applicant shall revise and resubmit
the improvement survey to include the following:
A) Show edge of pavement, center line, and right-
of-way dimensions of Cemetary Lane.
B) Note encroachment of accessory buildings onto
City property along Westerly property line.
2) The owner/applicant shall agree to enter into a
sidewalk, curb, gutter improvement district in the event
one is formed at which time the lot access shall be brought
into compliance with section 19-101 "Driveway and curb cut
specifications;' and so deed restrict in the statement of
exemption.
3) The owner/applicant shall note the encroachment
of the minor accessory buildings onto City-owned prop-
erty along the Westerly property line and agree to re-
move them should the City so request. This agreement is
also to be deed restricted in the statement of exemption.
4) The owner/applicant shall agree to provide a re-
mote-reading type water meter by June 1, 1980 to comply
with the Water Departments letter of March 15, 1979 re-
quiring meters for all residential water users.
The Engineering Department recommends approval of
the above Subdivision exemption subject to the owner/
applicant correcting the above conditions.
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PEN
130 s
MEMORANDUM
DATE: February 27, 1980
TO: Sunny Vann
FROM: Ron8
RE: Naiman Subdivision Exemption
If the above entitled subdivision exemption is granted, the
approval should be conditioned upon the applicant meeting the
following requirements of Section 20-22 of the Municipal Code of
the City of Aspen:
[xl Notice and option provisions to current
tenants
[xl Each unit restricted to six month m~n~mum
leases with no more than two shorter tenan-
cies in a calendar year.
Considering the rental history of the property, it is possible
that the Planning & Zoning Commission and City Council may deter-
mine that the property, or a portion thereof, is within the low
and moderate housing pool. The rental history of the property
should be presented to them for their consideration.
RWS:mc
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
Aspen City Council
FROM: Sunny Vann, Planning Office
RE: Naiman Subdivision Exemption
DATE: April 3, I980
Zoning: R-15, Residential
Location:
Rental History:
Engineering
Comments:
Attorney's
Comments:
Housing Director's
Comments:
Cemetary Lane (Lot 1, Block 1, Pitkin Mesa Subdivision)
a(&IlIll~!IJ<~
The lower unit currently rents for $875 per month and
does not fall within the City's employee housing price
guidelines. The upper unit was owner-occupied until
Mr. Naiman purchased it in 1979; it has been renter-
occupied si~e the sale and currently rents for $950
per month. ecause of the unit's large size (2,000
square feet -, it falls within the City's low-middle
income price guidelines. However, this unit exceeds
the maximum square footage allowed for employee units
in the residential GMP application specifications des-
cribed in Section 24-l0.4(cc) in the Municipal Code
(1,400 square feet @ .63/sq. ft. = $882/month).
Therefore, it may be conside~d to exceed the range
of employee price guidelines~
The Engineering Department recommends approval subject
to 1) the revision and resubmission of the owner/appli-
cant improvement survey to include those items indicated
in the Department's attached memo, 2) the owner/appli-
cant agreeing to enter into a sidewalk, curb and gutter
improvement district in the event one is formed, 3) the
owner/applicant agreeing to note the encroachment of the
minor accessory buildings onto City-owned property as
further described in the Department's attached memo, and
4) the owner/applicant agreeing to provide a remote-
reading type water meter by June 1, 1980, the details of
which are described in the attached memo.
If the Naiman subdivision exemption is granted, approval
should be conditioned upon the owner/applicant complying
with the notice and option and six month minimum lease
restrictions of Section 20-22 of the Municipal Code. -Al~u,
.iLis.:-possible that..o portion I7f thenpropert~,c.oul~
consider.sd-t<l-faHunt!er-t-fle-{;-i.ty-! slow alld lIIodEPate-
housing gutdeniies.'-ffie'CHy-/l.norney~morandum is
attached fO(,j(QUl:..-r-e-v-tevr..-.,,",
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Under the housin~ price guidelines-(Rc~ulu~lon ~, lS88)
adopted for pre\l'i ous approvals and construction, \IRi ell
-;lr" p">:tin,,"t te ll",,,Hcation< for ...cOllrlnminiumization,
neither unit falls into the low, moderate or middle
income housing pool. T~e WOijsiR~ 9ipeeter'~ m"mnrandum
___Ls,__.9..tt~rh(tHj fS17 YEHfr' 179\1; g'"
TO:
The Aspen Planning & Zoning Commission
Jim Reents, Housing Directo:r!J(iIfrJ (.Q.c.)
April 3, 1980
FROM:
DATE:
SUBJECT: NAIMEN Condominiumization
When Council adopted the housing price guidelines (Reso 3, 1980)
they adopted two schedules, one to reflect previous approvals
and construction, and the higher set to reflect units ,yet to
be constructed but approved within the calendar year.
It is the Housing Office position that applications for condo-
miniumization should be considered under the guidelines for
previous construction.
Under these guidelines, neither unit falls into the low, moderate
or middle income housing pool.
JR:ds
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MEMORANDUM
TO:
D~McArthur; City Engineer
~n Stock, City Attorney
Jim Reents, City Housing Director
Sunny Vann, Planning Office
Naiman Subdivision Exemption
FROM:
RE:
DATE:
February 12, 1980
Attached please find application for subdivision exemption filed by
Marvin Naiman. This item is scheduled to come before the Aspen Planning and
Zoning Commission on Tuesday, April 8, 1980. Therefore, may I please have
your written comments concerning this application no later than Monday, March
31. 1 ~80. ~hank YOU.
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LAW OFFICES
GIDEON I. KAUFMAN
BOX 10001
611 WEST MAIN STREET
ASPEN. COLORADO 81611
GIDEON l. KAUFMAN
DAVID G. EISENSTEIN
February 5, 1980
TELEPHONE
AREA CODE 303
925~8 1 66
Mr. Sunny Vann
Aspen-Pitkin Planning Office
City of Aspen
130 South Galena
Aspen, Colorado 81611
Re: Marvin Naiman--Lot 1, Block 1, Pitkin-Mesa Subdivision,
pitkin County, Colorado
Dear Sunny,
Per your request, I write this letter to address
compliance with Ordinance 39 with regard to Marvin Naiman's
application for exemption from subdivision regulations.
The above described property has the following
rental history: the previous owner resided in the upper
unit of the duplex between 1975 and 1979. Mr. Naiman I \'
purchased the property in 1979 and has rented this unit ate' .)j{.. 7t1'G11
a monthly rental of nine hundred fifty dollars ($950.00)~ ~f J
While in a technical sense the rental rate of this unit ~ Cb,,\I,s~Ji'" .
places it within the guidelines of the low, moderate and pi 5/~I/(;D
middle income housing, the prolonged duration of owner
occupancy clearly outweighs the past one (1) year. In
addition, the rent is nearly one thousand dollars ($1,000.00)
per month, a rental rate in excess of that which would
qualify for employee housing. The other unit exceeds the
low, moderate and middle income housing guidelines, having
875 square feet and renting for five hundred seventy dollars
($570.00) per month.
Mr. Sunny Vann
February 5, 1980
Page two
I will discuss this with Jim Reents and hopefully
will have his support for this prior to the P & Z
meeting. If you have any questions, please feel free
to contact me.
y;.7{;:'
Gideon Kaufman
GK ch
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Naiman Subdivision Exemption
Lot Size - 15,322 sq. ft.
Price Guideline Info - Lower unit rents for $.65/sq. ft.
Upper unit rents for $.48/sq. ft.
Though the upper unit technically falls within the City's employee
housing price guidelines because of its large size (2,000 sq. ft.), the
unit exceeds the maximum square footage allowed for employee units in the
residential GMPapplication described in Section 24-l0.4(cc) in the Muni-
cipal Code. The GMP guidelines allow for the following maximum square
footage, and, therefore, rent:
I,400 sq.ft. @ .63/sq.ft. = $882/month