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Home My WebLink Aboutcoa.lu.ex.Patio Building/Crandall Lots R,SCOO� - C111-9 Ls� Patio Bldgo Lots R, S Block 99 —p Aspen 1 E 7.7 X O x O m rr co 7 cr w � W l al � W ~ � J � W H Q (D 0 �r l�Alz g Pt-�rlc cAP 5 75' 09' t I " E 60.00'- r' SET f2�2�•R E. t% 34.7' K1 2=� FLIX�fL OVEIZLIANG J CONC,WALL� m O.35 1.3 R.R. rlE S FEP 1.9 co 8 S L%15 E•N , COLO}��i � 0.35 ` �-- 1.3 Qi \\\\\\\\\\ 0 Q� 2 5T02Y 6UIL.DING til V✓/ �ASEME\NT � \�\ \ 1- o• � 3 \\ \ Q a \\\ca 55 \\ 5. 0.7 — — _ — _ — e LINE OF 2=F FL �t2. 0VEiZf IAIJC� Io _ _ _ 7.9 CONC. B�.00K WALL 0.7` CONC. BLOCK WALL . 1.7 N ti 19.0' FND- NAIL IN BRICK Q 4FN/111-ISll 8-31-79 �'4 WATER VALVE r-''4 LINE OF COt-�. GA 0 N 75��9' I I" W I F1RE t IYDiZANT 0 A \/ F- N U E VA 0 5 10 2YJ -os 40 15 CD IO' 6A515 OF t W t.1E� = COI �rJ l� G1'TY MC�I�I — � Ut.ilEti1T5 K E cot ,�«.� NE COf� � 99 5Ut2-Y�Y012 5 GE'2T"t F�Tt� ' '9s ..� i, JAnitE� F ;Zffs-ER, New crE- rPY -n-(AT Ohl ALJ6. 28 T�+, 1973, A �"✓u12V��( WAS t.i1,4DE Ut�lt�Q. MY 5U>�"rc'�/t510hJ Ot✓ LdT�✓ fL�s� �5LL7GIC 99 �5G 1, GOLQI2L�GL7. 71-4E Z1N0 --->T ' 13UILDn IG WL l=�L>ND TO �E L Oc�TEt� ON 'T 4 = 1DE� 1Z(1�T� Ptz�1�1'Y A5 �{-fO�M�I t-IE�1�1. THE L-Y AT10r1Lp- 1rY�, E�.� t.�t�rrr�, Rlc�--t�f� • cam' � vYA-r uv IL?t=t..lCIE CifL. {Ct�lG�lt�l TO Mfg AN17 MEl�lTS t3`t' aZ ON 1"l-(I5 i�2EMl5E � PGGU- �TEL� JA NlGS 2��Efz L .5.D184 PILL n OIJ !=L-�F=-c- 51r' of e�L11L.r�i�v� .KEPT: 7 T-" 197!!> ,. I. k5 G CAfl L S- 918 4 7/7 8-31-79 LIGHT POLE SURVEYED date: ak-�_ 26 DRAFTED date: 43EP-r, 5-^-+ , 1973 r REVISIONS AUG • 311197 9 SIJIRVEYOR'S CERTIFICATE I HEREBYCERTIFY THAT ON A`UG,31,1979 A VISUAL INSPECTION WAS MADE UNDER MY SUPERVISiON OF THE ABOVE DESCRIBED PROPERTY AND NO CHANCES WERE FOUND EXCEPT AS SHOWN AND NOTED HEREON. ALPINE SURVEYS —ITMES F. RESER AUG, 31 )1979 L.S.9184 JO(3 No.: 7 9 - 15 7 CLIENT., rftbN SHEET NO.- ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 LAND USE APPLICATION FEES County 00100 — 63711 09009 — 00000 Subdivision/PUD 63712 Special Review 63713 P&Z Review Only 63714 Detailed Review 63715 Final Plat 63716 Special Approval 63717 Specially Assigned City 00100 — 63721 09009 — 00000 Conceptual Application 63722 Preliminary Application 63723 Final Application 63724 jubdiViSiOr Exemption 63725 Rezoning 63726 Conditional Use PLANNING OFFICE SALES 00100 — 63061 09009 — 00000 County Land Use Sales 63062 GMP Sales 63063 Almanac Sales Copy Fees Other Name: tic di l ' '? ' Project: .ox .:o Asnpn, CO 8161' Address: Phone:_ Check No. Date: Receipt No. P MEMORANDUM TO: Richard Grice, Planning Department FROM: Louis Buettner, Engineering Departmen DATE: September 19, 1979 RE: Patio Building Subdivision Exemption The Engineering Department after reviewing this application finds the following: 1. The plat does not have the width for Hyman Avenue, Spring Street or the alley northerly of the property. 2. There is a need for a utility easement located in the northwesterly corner of the property. 3. The description of the property needs the addition of "original Aspen townsite" to be complete. 4. The applicant needs to apply to the City Council for a license for the encroachments of the building and steps. 5. The application for this exemption implies the existence of at least two residential units. The building permit in 1973 listed two residential units to be constructed. The application also states the units are not being used for residential purposes. The zoning for this property requires one off-street parking space for each bedroom, commercial use requires no off-street parking. In the event any unit would be converted to residential use, the need for off -street -parking would exist. The above items are items that the Engineering Department would request to be corrected if this was a subdivision. The Engineering Department can recommend approval of this exemption application if the above items are corrected or made a condition of the approval. • • LAW OFFICES SHELLMAN & ORNITZ ASPEN ATHLETIC CLUB BUILDING 720 EAST HYMAN AVENUE, SUITE 301 ASPEN, COLORADO 81611 (303) 925-2710 September 13, 1979 Mr. Richard Grice City Hall Planning Office 130 S. Galena Street Aspen, Colorado 81611 Re: Crandall Exemption Application Dear Richard: This confirms that the Planning & Zoning Commission will review the above application for the Patio Building on Tuesday, November 6, 1979. I will attend with Mrs. Crandall. Dr. Crandall will be away from the city. I would appreciate several days notice as to the time we are scheduled for on the agenda, or a copy of the agenda itself. If any other questions arise, please let me know what they are so that I can provide appropriate responses. Very truly yours, Dwight K. Shellman, Jr. SHELLMAN & ORNITZ, P.C. DKS : lw The agenda for the November 6th P and Z meeting will be ready by 5:00 P.M. Friday, November 2nd and you may pick up a copy at this office anytime after that. Please call to let us know when you will pick it up. Thanks, Carla • LAW OFFICES SHELLMAN & ORNITZ ASPEN ATHLETIC CLUB BUILDING 720 EAST HYMAN AVENUE, SUITE 301 ASPEN, COLORADO 81611 (303) 925-2710 September 4, 1979 Mr. Richard Grice Planning & Zoning Commission 130 S. Galena Street Aspen, Colorado 81611 Re: Patio Building Application Dear Mr. Grice: Please find enclosed: • �I SEP 0 6 1979 ASPEN / Pt:TKIN CO. PLANNING OFFICE 1. Original and 3 copies of the Application for Exemption from Subdivision Regulations; 2. Original and 3 copies of an Affidavit signed by the applicants; 3. A check in the amount of $50.00 for the filing fee. You informed my secretary you had received a plot plan from Alpine Surveys so we are not providing the same as part of this package. This application was prepared in our absence, but the Crandall's will be happy to answer any questions you might have regarding it. Please advise us of the date of the P & Z meeting at which this Application will be considered. Very truly yours, nn Dwight K. Shellman, Jr. SHELLMAN & ORNITZ, P.C. DKS : lw C; L_J TO: FROM: RE: DATE: Zoning: Location: MEMORANDUM Aspen City Council Richard Grice, Planning Office Patio Building Subdivision Exemption November 30, 1979 C-1 Lots R and S, Block 99, City and Townsite of Aspen (intersection of Hyman and Original) Lot Size: Approximately 6,000 square feet Rental History: The entire building has been rented in recent years by commercial tenants. The building does contain two units which qualify as residential dwelling units, however, none of the residential units are presently leased or occupied by any persons for residential purposes. The applicant does desire to reserve the right to use those units for residential purposes in the future. We do not feel that the residential units are now or have been within the last 18 months a part of the low or moderate income housing group. Engineering Comments: The Engineering Department recommends approval subject to two corrections to the plat, the dedication of a utility easement, and application to the City Council for a license for the encroachment of the steps and building, and subject to the creation of one off-street parking space for each bedroom in the residential units. The Engineering Depart- ment's complete comments are included in your packet and are found ina memorandum dated September 19, 1979. Attorney's Comments: "The Patio Building was constructed prior to the general rezoning of the City in 1975. As such, certain legally established uses existed at the time the property was reclassified to the C-1 district. Since these uses are not currently permitted in the C-1 zone district they have acquired non -conforming use status. If I am to remain consistent, I must recommend denial of this subdivision exemption on the grounds that it violates Section 20-9(c) of the Code. Section 20-9(c) states that, "no subdivision shall be approved which includes elements not in conformance with the provisons of any applicable zoning ordinance or other ordinance of the City of Aspen or law or regulation of the State of Colorado." Planning Office Recommendation: The non -conformity referred to is in -substantial. The Nature Store House is a food store and as such is a use not allowed in the C-1 zone. We recommend approval subject to the conditions suggested in the Engineering Department's memo of September 19, 1979. P and Z Recommendation: Approval subject to conditions 1 through 4 of the Engineering Department's memo of September 19, 1979, if the dwelling units are ever used as dwellings they will be under PMH guidelines and are therefore exempt from parking requirements, and the owner/applicant agrees that when the Nature Store House closes that non -conforming use will be terminated immediately. MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Richard Grice, Planning Office RE: Patio Building Subdivision Exemption DATE: November 15, 1979 Zoning: C-1 Location: Lots R and S, Block 99, City and Townsite of Aspen (intersection of Hyman and Original) Lot Size: Approximately 6,000 square feet Rental History: The entire building has been rented in recent years by commercial tenants. The building does contain two units which qualify as residential dwelling units, however, none of the residential units are presently leased or occupied by any persons for residential purposes. The applicant does desire to reserve the right to use those units for residential purposes in the future. We do not feel that the residential units are now or have been within the last 18 months a part of the low or moderate income housing group. Engineering Comments: The Engineering Department recommends approval subject to two corrections to the plat, the dedication of a utility easement, and application to the City Council for a license for the encroachment of the steps and building, and subject to the creation of one off-street parking space for each bedroom in the residential units. The Engineering Department's complete comments are included in your packet and are found in a memorandum dated September 19, 1979. Attorney's Comments: "The Patio Building was constructed prior to the general rezoning of the City in 1975. As such, certain legally established uses existed at the time the property was reclassified to the C-1 district. Since these uses are not currently permitted in the C-1 zone district they have acquired non -conforming use status. If I am to remain consistent, I must recommend denial of this subdivision exemption on the grounds that it violates Section 20-9(c) of the Code." Section 20-9(c) states that, "no subdivision shall be approved which includes elements not in conformance with the provisions of any applicable zoning ordinance or other ordinance of the City of Aspen or law or regulation of the State of Colorado." Planning Office Recommendation:We feel that it would not be prudent to recommend anything other than denial in order to be consistent with the City Attorney. APPLICATION FOR EXEMPTION FROM SUBDIVISION REGULATIONS PATIO BUILDING Request is hereby made on behalf of Jack and Gesine Crandall, doing business as Patio Building Company, a joint venture, (hereinafter referred to as "Applicant"), under section 20-10(a) of the Aspen, Colorado, Subdivision Regulations, for an exemption from the definition of the term "Subdivision" with respect to the following real property. Lots R and S, Block 99 City and Townsite of Aspen County of Pitkin, State of Colorado It is submitted that the requested exemption is appropriate. This application involves subdivision by condominiumization of an existing office building. Strict compliance with subdivision regulations would create undue hardship to applicants. If an exemption is granted, the owners of the property will be able to proceed with their current refinancing program, and their estate and retirement planning by condominiumization of the existing structure. The requested action will not in any way increase the land use impact of the property which will continue to be used for its current purposes. 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 insure the proper distribution of population, to coordinate the need for public services, and to encourage well -planned subdivision. 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 Section 20-19. The building is already in existence, and there will be no change in density or use, which are presently compatible with the zoning for the property. Construction of such building was completed in two phases in 1969 and 1974 respectively. There are no existing residential leaseholds applicable to the Building, although at least two units were originally intended for residential purposes. Neither of such units is suitable for low or moderate income housing as described in the housing price guidelines adopted by the Aspen City Council. The Affidavit of Applicant attached hereto presents evidence that approval of this application will not reduce the supply of low and moderate income housing. If the exemption is granted, approximately 20 condominium units will be created, and will be configured in substantial conformity with the configurations of the spaces now located therein. Applicant agrees upon condominimization approval to restrict the rental of said duplex units to periods of not less than six (6) successive months (or in the alternate to not more than twice for short-term periods within any calendar year) in the event that any of the units are ever converted to residential units. The Applicant would appreciate your consideration of this application at your next regular meeting. Dated: August 31, 1979. J ck . Crafida 1 Gesin , Crandall 41 • AFFIDAVIT OF • JACK S. CRANDALL AND GESINE CRANDALL STATE OF COLORADO) ) ss. COUNTY OF PITKIN ) The Affiants, being first duly sworn upon oath, depose and say: 1. That they are the owners of certain real property described as Lots R and S, Block 99, City and Townsite of Aspen, County of Pitkin, State of Colorado and known as the Patio Building. Said building has been constructed on said property by Affiants. 2. Construction of the Building was completed in two phases in 1969 and 1974. None of the residential units in the Building are leased to or occupied by any person for residential purposes. No residential tenants will be displaced therefrom. 3. Each of the residential units in the Building is large and is not affordable for tenancy by persons of low or moderate income within the housing price guidelines adopted by the Aspen City Council. 4. Affiant does not intend to sell any of the residential units in the Building to any employer or group of employers who intend to rent the units to their employees. 5. If any persons are tenants in the residential units in the Building, and the same are used for residential purposes at the time of condominiumization of the Building, then Affiant will give the occupant of each such residential unit the first opportunity to purchase such units at the proposed fair market value if such residential units are Gesin ;Crandall Subscribed and sworn to before me this 4th day of September, 1979, by Jack S. Crandlal and Gesine Crandall. WITNESS my hand and official seal. C- Notary Public My commission expires: My Commission expires May 3, 1980 MEMORANDUM TO: Ron Stock, City Attorney City Engineering FROM: Richard Grice, Planning Office RE: Patio Building Subdivision Exemption DATE: September 6, 1979 Attached is an application for subdivision exemption for the condominiumization of the Patio Building located at the corner of Spring and Hyman Streets. This item is scheduled to come before the Aspen Planning and Zoning Commission on Tuesday, November 6, 1979. Therefore, may I please have your written comments no later than Monday, October 29, 1979. Thank you. 0 . r, �..'X'•'--1��,...�a..zN-i.��r,•uK;.."�.:IMFC �.asi 7'e1+.`+tiW"R�•"F' — �w.v+..^..�,�-•._...�._.. ��.r �-•--�r��s.,---3•••: T'�__ _-_... �-�,r _ 0 • CITY OF PEN 130 south galena treet aspen, colorado 81611 MEMORANDUM DATE: October 4, 1979 TO: Richard Grice FROM: Ron Stock RE: Patio Building Subdivision Exemption The Patio Building was constructed prior to the general rezoning of the City in 1975. As such, certain legally established uses existed at the time the property was reclassified to the C-1 district. Since these uses are not currently permitted in the C-1 zone district they have acquired nonconforming use status. If I am to remain consistent I must recommend denial of this subdivision exemption on the grounds that it would violate Section 20-9(c) of the Code. RWS:mc Reception No. Loretta Banner, Record July 11, 1980 rP WIL Recorded at 2:29 . =391 STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION WHEREAS, the provisions of Section 20-19(b) of the Aspen Municipal Code provide that, following receipt of a recommendation from the Planning Commission, the City Council may exempt a particular division of land from the definition of a subdivision set forth in Section 20-3(s) of the Code, when, in the judgment of the City Council, such division of land is not within the intent and purpose of subdivision regulation, and WHEREAS, pursuant to said Section 20-9(b), DR. JACK S. CRANDALL and GESINE CRANDALL have requested such as exemption for the condominiumization of The Patio Building on the real property known and described as: Lots R and S, Block 99 Original Aspen Townsite Pitkin County, Colorado WHEREAS, the Aspen Planning and Zoning Commission, at its meeting held September 19, 1979, recommended approval of such request, and WHEREAS, the City Council has determined that the proposed condominiumization is not within the intents and purposes of subdivision regulation, THEREFORE, the Aspen City Council, pursuant to the authority granted in Section 20-19(b) of the Aspen Municipal Code, does hereby determine and declare that the proposed condominiumization of the property above -described is without the intents and purposes of Chapter 20 of the Aspen Municipal Code and does hereby waive the enforcement of the City subdivision regulation with respect thereto subject to the following conditions requiring the applicants to (1) apply to the City Council for a license for the building columns and steps which encroach upon Spring Street; (2) provide a utility easement in the northwesterly corner i • r3 1 U573 of the property; and (3) agree that when the business known as "Nature's Store House" a non -conforming use under the current zoning for the property, ceases operation such use shall not be permitted to continue. Done this /day of 1980, by the Aspen City Council at its regular meeting held on said date. ST:�� . 4r S N .A.. L KATVRXN,', S'.AOCH, CITY CLERK STATE OF COLORADO ) ss. COUNTY OF PITKIN ) HERMW EDEL, MAYOR The fore oing instrument was duly acknowledged before me this day of 1980, by HERMAN EDEL and KATHRYN S. KOCH, pe onally known to me to be Mayor and City Clerk of the City of Aspen, Colorado. Witness my hand and official seal. My commission expires • My Commission expires January 29, 1984 Notary Public - 2 - 9 • mor I-- rn -o 80 432 o,, 824 0 DECLARATION OF COVENANTS W N 00 -v o� N �r fV 0 n m rn a o i CD z rn C:) ::o m JACK S. CRANDALL and GESINE A. CRANDALL (covenantors), doing business as the Patio Building Company, a joint venture, for themselves, their heirs, executors, administrators, successors and assigns, hereby covenant with the City of Aspen, Pitkin County, Colorado, and do hereby restrict the below described property as follows: 1. They are the owners of the following described real property: Lots R and S, Block 99 Original Aspen Townsite Pitkin County, Colorado together with improvements thereon known as the "Patio Building". 2. They have obtained from the Aspen City Council an encroachment license for the Patio Building columns and steps which encroach upon Spring Street, which license is set forth in that certain Agreement recorded in Book 426 at Page 527 of the public records of Pitkin County, Colorado. 3. They hereby provide a utility easement to the City of Aspen to be located in the northwesterly corner of the above - described property, the dimensions of which are set forth on the condominium map of the Patio Building Condominium, recorded in the public records of Pitkin County, Colorado in Book � at page 4. The business known as "Nature's Store House", a non- conforming use under the current zoning for the property, as the same is located in the Patio Building, has ceased operation and the same, similar or other non -conforming uses shall not be permitted. 5. In the event either of the two residential units within the Patio Building are occupied or conveyed as a dwelling unit, such occupancy or conveyance shall be subject to the then applicable employee housing rental and/or sale price and occupancy guide -lines adopted by the City of Aspen from time to time. Such occupancy or conveyance shall be for or to low income housing only. Pursuant to Section 20-22(d) of the Aspen, Colorado, Subdivision Regulations, the covenants contained in this paragraph 5 shall terminate December 10, 1984, five (5) years from the date of approval of the Patio Building exemption from the full subdivision process for the purpose of condominiumization, by the City Council, Aspen, Colorado. 6. The two residential units located on the above described property shall be and hereby are restricted to six month minimum leases with no more than two shorter tenancies per year, all as defined in the Aspen Municipal Code, as amended. 7. The covenants contained herein may be changed, modified or amended by the recording of a written instrument signed by the record owners of the property and the Mayor of the City of Aspen pursuant to a vote taken by the City Council. 8. The covenants contained herein are to run with the land and shall be binding on all parties with interests therein and all persons claiming under them and such covenants, with the exception of the covenants contained in paragraph 5, above, shall run for a period of fifty (50) years from the date these covenants are recorded, after which time, the covenants contained herein shall be released. IN WITNESS WHEREOF, this Declaration has been duly executed this i A day of �✓'�,- 1982. PATIO BUILDING By, rc k S. Crandall, a joint turer By Gesinie A. Crandall, a joint venturer S-C �A432 ;., 826 STATE OF COLORADO ss. COUNTY ... OF PITKIN ) }�Th'e'yore oir�g instrument was acknowledged before me this 198.2, by Jack S. Crandall and '6, sidC'r� all doing business as the Patio Building 1••.yVi•tp�s's. hand and official seal. C6,,mission expires: MyCwmivoonEXPW tJ*& 1W A Ngt'afy/> 4kTic i Address: 620 jf� ;✓ -3- Y • MEMORANDUM 0 0 TO: FROM: RE: Aspen City Council Richard Grice, Planning Office Patio Building Subdivision Exemption � /,�_ -7 -7 � DATE: November 30, 1979 Zoning: C-1 Location: Lots R and S, Block 99, City and Townsite of Aspen (intersection of Hyman and Original) Lot Size: Approximately 6,000 square feet Rental History: The entire building has been rented in recent years by commercial tenants. The building does contain two units which qualify as residential dwelling units, however, none of the residential units are presently leased or occupied by any persons for residential purposes. The applicant does desire to reserve the right to use those units for residential purposes in the future. We do not feel that the residential units are now or have been within the last 18 months a part of the low or moderate income housing group. Engineering - Comments: The Engineering Department recommends approval subject to two corrections to the plat, the dedication of a utility easement, and application to the City Council for a license for the encroachment of the steps and building, and subject to the creation of one off-street parking space for each bedroom in the residential units. The Engineering Depart- ment's complete comments are included in your packet and are found ina memorandum dated September 19, 1979. Attorney's Comments: "The Patio Building was constructed prior to the general rezoning of the City in 1975. As such, certain legally established uses existed at the time the property was reclassified to the C-1 district. Since these uses are not currently permitted in the C-1 zone district they have acquired non -conforming use status. If I am to remain consistent, I must recommend denial of this subdivision exemption on the grounds that it violates Section 20-9(c) of the Code. Section 20-9(c) states that, "no subdivision shall be approved which includes elements not in conformance with the provisons of any applicable zoning ordinance or other ordinance of the City of Aspen or law or regulation of the State of Colorado." Planning Office Recommendation: The non -conformity referred to is in -substantial. The Nature Store House is a food store and as such is a use not allowed in the C-1 zone. We recommend approval subject to the conditions suggested in the Engineering Department's memo of September 19, 1979. P and Z Recommendation: Approval subject to conditions 1 through 4 of the Engineering Department's memo of September 19, 1979, if the dwelling units are ever used as dwellings they will be under PMH guidelines and are therefore exempt from parking requirements, and the owner/applicant agrees that when the Nature Store House closes that non -conforming use will be terminated immediately. APPLICATION FOR EXEMPTION FROM SUBDIVISION REGULATIONS PATIO BUILDING Request -is hereby made on behalf of Jack and Gesine Crandall, doing business as -Patio Building Company, a joint venture, (hereinafter referred to as "Applicant"), under section 20-10(a) of the Aspen, Colorado, Subdivision Regulations, for an exemption from the definition of the term "Subdivision" with respect to the following real property. Lots R and S, Block 99 City and Townsite of Aspen County of Pitkin, State of Colorado It is submitted that the requested exemption is appropriate. This application involves subdivision by condominiumization of an existing office building. Strict compliance with subdivision regulations would create undue hardship to applicants. if an exemption is granted, the owners of the property will be able to proceed with their current refinancing program, and their estate and retirement planning by condominiumization of the existing structure. The requested action will not in any way increase the land use impact of the property which will continue to be used for its current purposes. 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 insure the proper distribution of population, to coordinate the need for public services, and to encourage well -planned subdivision. The granting of this application will not undermine the ' intent of the subdivision regulations as it is clearly within 10 the area intended for exemption under Section 20-19. The building is already in existence, and there will be no change in density or use, which are presently compatible with the zoning for the property. Construction of such building was completed in•two phases in 1969 and 1974 respectively. There are no existing residential.leaseholds applicable to the Building, although at least two units were originally intended for residential purposes. Neither of such units is suitable for low or moderate income housing as described in the housing price guidelines adopted by the Aspen City Council. The Affidavit of Applicant attached hereto presents evidence that approval of this application will not reduce the supply of low and moderate income housing. If the exemption is granted, approximately 20 condominium units will be created, and will be configured in substantial conformity with the configurations of the spaces now located therein. Applicant agrees upon condominimization approval to restrict the rental of said duplex units to periods of not less than six (6) successive months (or in the alternate to not more than twice for short-term periods within any calendar year) in the event that any of the units are ever converted to residential units. The Applicant would appreciate your consideration of this application at your next regular meeting. Dated: August 31, 1979. Jack S. Crandall Gesine Crandall 0 AFFIDAVIT OF JACK S. CRANDALL AND STATE OF COLORADO) ) ss. COUNTY OF PITKIN ) GESINE CRANDALL • . The Affiants, being first duly sworn upon oath, depose and say: 1. That they are the owners of certain real property described as Lots R and S, Block 99, City and Townsite of Aspen, County of Pitkin, State of Colorado and known as the Patio Building. Said building has been constructed on said property by Affiants. 2. Construction of the.Building was completed in two phases in 1969 and 1974. None of the residential units in the Building are -leased to or occupied by any person for residential purposes. No residential tenants will be displaced therefrom. 3. Each of the residential units in the Building is large and is not affordable for tenancy by persons of low or moderate income within the housing price guidelines adopted by the Aspen City Council. 4. Affiant•does not intend to sell any of the residential units in the Building to any employer or group of employers who intend to rent the units to their employees. 5. If any persons are tenants in the residential units in the Building, and the same are used for residential purposes at the time of condominiumization of the Building, then Affiant will give the occupant of each such residential unit the first opportunity to purchase such units at the proposed .fair market value if such residential units are sold. . Jack S. Crandall GesinejCrandall Subscribed and sworn to before me this 4th day of September, 1979, byJack S. Crandlal and Gesine Crandall. WITNESS my hand and official seal. C_ (l Notary Public My commission expires: My Commission ox{:irG3 May 3, 1980 f(a MEMORANDUM TO: Richard Grice, Planning Department FROM: Louis -Buettner, Engineering Departmen �- DATE: September 19, 1979 RE: Patio Building Subdivision Exemption The Engineering Department after reviewing this application finds the following: 1. The plat does not have the width for Hyman Avenue, Spring Street or the alley northerly of the property. 2. There is a need for a utility easement located in the northwesterly corner of the property. 3. The description of the property needs the addition of "original Aspen townsite" to be complete. 4. The applicant needs to apply to the City Council for a - license for the encroachments of the building and steps. 5. The application for this exemption implies the existence of at least two residential units. The building permit in 1973 listed two residential units to be constructed. The application also states the units are not being used for residential purposes. The zoning for this property requires one off-street parking space for each bedroom, commercial use requires no off-street parking. In the event any unit would be converted to residential use, the need for off-street parking would exist. The above items are items that the Engineering Department. would request to be corrected if this was a subdivision. The Engineering Department can recommend approval of this exemption application if the above items are corrected or made a condition of the approval. r • 7%