HomeMy WebLinkAboutcoa.lu.ex.Oches, Lot 29, West Aspen Subdivision
Recorded 1:32 PM September 1(:;978 Recption #
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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 or 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,
andley, III,
~
I KATHRYN S. KOCH, do hereby c rtify 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 St,:mdley, III, was authorized to execute tJ;lji)"'~'~~';;9;n,,;~half
of the CJ.ty of Aspen. ,." ,',~. .. (; ,',:.
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STATE OF COLORADO
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COUNTY OF PITKIN
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The f,Qregoing was acknowledged before me 'this o('SOVday
of".AU9U;Il.t,',,1978, by Stacy Standley, III and Kathryn S. Koch,
,..~e.lfs~tM.l,.t'y""known to me to be the Mayor and City Clerk, respectively,
,,:'.W the 'C'j{.y'.of Aspen.
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No ary Public
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M E M 0 RAN DUM
TO: Aspen City Council
FROM: Planning Office, Richard Grice
RE: Ochs Subdivision Exemption
DATE: July 20, 1978
The attached application requests exemption from subdivision for condominium-
ization for an existing and a yet to be built second unit on Lot 29, West
Aspen Subdivision. As this subdivision received final plat approval by the
Board of County Commissioners in September of 1967, a duplex is an allowed
use on this property provided it contains at least 15,000 square feet (R-15
zone district). This lot contains 17,139 square feet, therefore this is an
appropriate request. The applicants are George and Sandy Ochs.
"After having reviewed the improvement survey and made a site inspection of
this project the Engineering Department recommends granting this application
without condition."
The application was also referred to City Housing Director. Mark's recom-
mendation is for approval due to the fact that, "one, the only current
tenant are the owners of the existing unit, and two there is no tenant
displacement due to the fact that the new unit is not even built, and
three the existing owners will reside in the new unit, and four the existing
unit is not affordable by persons of moderate income as the owner plans to
sell the unit at approximately $160,OOO;and five,six month minimum leases
are already a covenant in this (West Aspen) Subdivision."
The Aspen Planning and Zoning Commission at their regular meeting on July
18, 1978, recommended your approval subject to the six month minimum lease
restrictions of Ordinance 53.
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City of Aspen Planning Commission
Aspen City Council
May 22, 1978
Condominiumization Request
Per Ordinance No. 53
This is a request for condominiumization of an
existing and a yet to be built second unit on Lot 29,
West Aspen Subdivision. A footprint outlining the
location of the second unit is enclosed, as well as an
improvement survey.
Responses to the reQuirements of Sec. 20-22 Condo-
miniumization follow.
(a) Notice to Existing Tenants. Non applicable.
Owner currently lives in existing unit, no
tenants involved.
(b) Lease Restrictions. Six month minimum leases
and no more than two shorter tenancies per year
are existing covenants of the West Aspen Sub-
division.
(c) Approval will not reduce the supply of low and
moderate income housing.
(l)Minimal Tenant Displacement. The only tenants
involved are the owners of the one unit currently
in existence, and one more unit will be created,
no tenant displacement will occur.
(2)Units affordable by persons of moderate income.
The current situation is that one unit exists
which is unaffordable by persons of moderate
income. By creation of and condominiumization
of a second unit, that new unit will be
affordable to the owners of the existing unit,
persons of moderate income. Thus, the end result
will be a new unit afforded by persons of moderate
income and a likely slie1't c,e'rJ U::ct2.0!l of ';lOrth
of the existing unit as it will be half of a
duplex rather than a single family home.
(3)Right of First Refusal. Not applicable.
City of Aspen Planning Commission
Page 2
(4)Evidence that ros ective Durchaser is
em lo er s who intend to rent to em lo ees.
There are no prospective purchasers of the
property at this time. It is anticipated
that the current owners will hold title and
reside in the new unit, selling the existing
unit.
Respectfully Submitted,
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George and Sandy Ochs
Enclosures
M E M 0 RAN DUM
TO: Aspen Planning and Zoning Commission
FROM: Planning Office, Richard Grice
RE; Ochs Subdivision Exemption
DATE: July 18, 1978
The attached application requests exemption from Subdivision for Condominium-
ization of an existing and a yet to be built second unit on Lot 29, West
Aspen Subdivision. The applicants are George and Sandy Ochs.
"After having reviewed the improvement survey and made a site inspection of
this project the engineering department recommends granting this application
without conditions."
The application was also referred to the Housing Director, but as of the
time of this writing, we have not received comment. In my opinion, the
applicant has satisfied ordinance #53. The application states that "The
only tenants involved are the owners of the one unit currently in existance,
and one more unit will be created, no tenant displacement will occur."
Since there will be no tenant displacement, the Planning Office feels that
your approval is appropriate subject to the 6 month minimum lease restric-
tions of Ordinance #53.
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506 E. MAIN STREET
ASPEN, COLORADO 81611
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M E M 0 RAN DUM
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TO:
Aspen Planning and Zoning Commission
FROM:
Mark A. Danielsen, Housing Director
DATE:
July l2, 1978
RE:
A) Ochs application for Exemption from Subdivision
Regulation
B) Francis Street Condominiumization-Subdivision
Exemption
A) Ochs Application:
Recommendation is for approval due to the fact that
1) the only current tenants are the owners of the existing
unit, and 2)there is no tenant displacement due to the
fact that the new unit is not even built, and 3)the
existing owners will reside in the new unit, and 4)the
existing unit is not affordable by persons of moderate
income as the owner plans to sell the unit at approxi-
mately$160,000, and 5)six month minimum leases are
already a covenant in this (West Aspen) Subdivision.
B) Francis Street Application
Recommendation is for approval. Purchase price for
the units was $100,000 each, and tenant displacement is
minimal as there have been no tenants on the property
since 4/1/78 with the exception of a caretaker who vacated
in May. However, it should be noted that these vacancies
were of recent origin, perhaps in preparation for this
application. It must also be rea~ized that the rent for
the big side of the complex paid by Stacey Swetil in
1978 was $560/month, for a 3 bedroom, 3 bath unit. The
small side of the duplex rented for between $380 to $505
per month for the 3 bedroom, 2 bath unit. On a per
person basis this would have been affordable by persons
of low and moderate income categories. Recommendation is
based upon the relative poor condition of the units.
Also, a 90 day right of first refusal and 6 month relocation
time have been agreed upon by applicant, as well as 6 month
minimum lease terms.
,
MEMO
TO:
RICHARD GRICE
PLANNING
DAVE ELLIS \i'--.d:'
ENG INEERING'VL--
FROM:
DATE:
July 11, 1978
RE:
Subdivision Exemption Request - Lot 29, Filing 1,
West Aspen Subdivision (Ochs)
After having reviewed the improvement survey and made
a site inspection of this project the engineering department
recommends granting of the exemption without conditions.
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M E M 0 RAN DUM
TO: Marc Danielson
Dave Ell i s
FROM: Richard Grice, Planning Office
RE: Ochs - Application for Exemption from Subdivision Regulations
DATE: June 13, 1978
Dave, attached for your review and comments are the preliminary plat and
application for exemption from Subdivision regulations of George and Sandy
Ochs for a duplex (second unit yet unbuilt) in the West Aspen Addition.
Marc, you should find a copy of the application in which George has ad-
dressed Ordinance #53. I have tentatively scheduled this for the July 18,
City P & Z meeting. Please return written comments to the Planning Office
by Wednesday, July 12.
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Order Number:
7752
SCHEDULE A
1. Effective date:
February 1. 1978 at 8:CO A.M.
2. Policy or Policies to be issued:
A. ALTA Owner"s Policy
Proposed Insured;
GEORGE L. OCHS
B. ALTA Loan Policy
Proposed Insured:
FIRST NATImrAL BA,'lT{ IN ASPEN
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Commitment Number: CC 79406
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Amount of Insurance PremiulD
s 160.!lOO.oO
s 90,000.00
s Tax Certificate
$442.00
$20.00
$5.00
3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto
is at the effective date hereof vested in:
OONALI) L. SIMPSON AND SA.-roM E. SIMPSON
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4. The land referred to in this commitment is described as follows:
Lot 29.
IIRST ASPEN SUBDIVISION. Filing 1,0. 1.
County of Pitkin. State of Colorado.
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406002
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STE'\"ART 1.'ITLE
OUARAXTY CO~PA.Xl"
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Order Number: 7752
Commitment Number: CC 7')1,06
Requirements
The following are the requirements to be complied with:
Itefll (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest
to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record.
to.wit;
(c) Release by the ~ublic Trustee of Pitkin County of Deed of Trust fr~
Donald J,. Si~son and Sandra Po. Si~son for the use of United lIDrt~age
Company, A Colorado corporation to secure $77,850.00, dated July 26, 1974
and recorded July 29, 1974 in ~ook 289 at pa~e 602. '
(d) Release by the Public Trustee'~f Pitki~county of Deed of Trust fr~
Donald L. Simpson and Sandra E. Simpson for tbe use of First National
Bank in Aspen to secure $68.000.00. dated July 26. 1974 and recorded
July 29, 1974 in Book 289 atpage607~..
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(e) Deed fr= Donald L. Simpson and Sandra E. Simpson to Ceorge L. Ochs.
(f) Deed of Trust from C:eorg'~ L. 'Ochs to the l'uhl~:~ee of Pitkin County.
for ".. uoo 0; firo' ".':o.:.,'~' io ':"'00'0, .~ "'.000.00.
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STE'W'ART TITLE
GUARASTY COMPASY
406003
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Exceptions
Order Number: 7752
Commitment Number:CC 79406
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public.records.
4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the dat~ the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by this Commitment.
6.Any and all unpaid taxes and assessments and any and all tax sales vhich
ltave not been properly redeemed or cancelled. Treasurer's Certificate
of taxes due bas been ordered.
7.Rigltt of a proprietor of a vein or lode to extract and remove bis ore
should the S8ll\e be found to penetrate or intersect subject property,
as reserved by Patent of record.
9.Restrictions, ~hicb do not contain a forfeiture 0 reverter clause, as
c:ontained in instrument recorded Se telllber 5, 1967, in l\ook 229 at page
78, as _ended by instl'Ul!Oent reco e October 4, 196 in 1look 229 at
page 507 and as .amended by instrt%l!l ecorded V.arch . 1976 in Book
309 at page 497.
8. Easement for utilities over said Lot as shoRn
subdivision. :
10. Terma, conditions and 0 ligations conts ned in Articles of Inc;orporation
of West Aspen P.0IIle _ r Association, r ded March 6, 1968..~, n 1look
233 st page 496. '
11.10 feet
and abutt
21, 1968 i
and scross enbject property,
g the County Roa 9 as Bet forth in lnstrutnent
235 at page 118.
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parallel
recorded
to
.January
12.Any tax. asse t fees or chnrges by reason of the inclusion of the
subject proper in Aspen Fire Protection District, Aspen Metropolitan
Sanitation District, Tbe City of Aspen and Tbe Aspen Valley Hospital
District.
Except i.ons numbered
are hereby omitted.
Page 4
STB"WART TI'l.'LE
nTT.f.RANTY COMPANY
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Certificate that Taxes are Paid to Date
STATE OF COLORADOf
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Pitkin County
,...,Jl.,.., the underSignea.m,m..Cl;':'(&~~~!!:!;..'O.!!........m.....m"h"""""h"'''''''''''''''..'.......h.., ,.......
:10 hereby certify that there are no Ta.r;es due and unpaid upon the lands described below,
'1nd no Tax Sales of said land unredeemed, except as below stated:
T AX LIENS
WHEN SOLD
AMOUNT SOLD FOR
AM"OUNT NECESSARY
TO REDEEM
Section or TOWD,hip Rarurt or
PART OF SECTIONS OR LOT Lot or Block Adclitioa Day Month Year
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