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HomeMy WebLinkAboutcoa.lu.ex.Naiman, Lot 1, Block 1, Pitkin Mesa0 i 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: Cemetary Lane (Lot 1, Block 1, Pitkin Mesa Subdivision) Rental History: The lower unit of the Naiman duplex 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 since the sale and currently rents for $950 per month. It also does not fall within the employee housing price guidelines. Engineering Comments: 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. Attorney's Comments: 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. Housing Director's Comments: Under the housing price guidelines adopted for previous approvals and construction, neither unit falls into the low, moderate or middle income housing pool. Planning Office Recommendation: The Planning Office recommends approval subject to the the conditions outlined in the attached Engineering 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. P & Z Recommendation: The Aspen Planning and Zoning Commission concurs with the Planning Office recommendation. • 0 APPLICATION FOR EXEMPTION FROM SUBDIVISION REGULATIONS 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. 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. • 0 The granting of this application will not undermine the intent of the subdivision regulations, as it is clearly within the area intended for exemption under §20-19. The building is already in existence; there will be no change in the density lwhich is presently in line with the prescribed population density for the property. A follow-up letter addressing Ordinance 39 compliances will be delivered shortly. The applicant would appreciate your consideration of this application at your next regular meeting. Dated: January 2, 1980. Gideon I. Ka an Attorney for Applicant -2- • 0 MEMORANDUM TO: SUNNY VANN, PLANNING OFFICE FROM: JAY HAMMOND, ENGINEERING OFFICE 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. • CITY OF ASPEN 130 south galena street aspen, colorado 81611 mpmn ?Z1mnylm DATE: February 27, 1980 TO: Sunny Vann FROM: Ron tock S 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: [x] Notice and option provisions to current tenants [x] Each unit restricted to six month minimum 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 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: Cemetary Lane (Lot 1, Block 1, Pitkin Mesa Subdivision) Ok om Rental History: 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 ce 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 24-10.4(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 Engineering Comments: 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. Attorney's Comments: 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. -Atsu —it is possible that a portion of the property could be -----considered to fall under the City's low and moderate housing guidelines. The City Attorney's memorandum is attached for your review. Housing Director's Comments: Under the housing price guidelines _— adopted for pre ous approvals and construction, w4ieh-- )j1.�per1inaa4_t-ea"1icatia s_for, candominiumization, neither unit falls into the low, moderate or middle income housing pool. The andum____ is attached • TO: The Aspen Planning & Zoning Commission FROM: Jim Reents, Housing Director'rL'Y" 1 DATE: April 3, 1980 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 MEMORANDUM TO: Dan McArthur, City Engineer qtb'n Stock, City Attorney Jim Reents, City Housing Director FROM: Sunny Vann, Planning Office RE: Naiman Subdivision Exemption 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. 1980. Thank you. 7(�i� � /J,v�iw'olseo GIDEON I. KAUFMAN DAVID G. EISENSTEIN LAW OFFICES GIDEON I. KAUFMAN BOX 10001 611 WEST MAIN STREET ASPEN. COLORADO 81611 February 5, 1980 Mr. Sunny Vann Aspen-Pitkin Planning Office City of Aspen 130 South Galena Aspen, Colorado 81611 TELEPHONE AREA CODE 303 925-81 66 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 �11 purchased the property in 1979 and has rented this unit at a monthly rental of nine hundred fifty dollars ($950.00)�4W While in a technical sense the rental rate of this unit �y places it within the guidelines of the low, moderate and 3131/0 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. Ve y truly yours, Gideon Kaufman GK ch 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 GMP application described in Section 24-10.4(cc) in the Muni- cipal Code. The GMP guidelines allow for the following maximum square footage, and, therefore, rent: 1,400 sq.ft. @ .63/sq.ft. = $882/month K&E. 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