HomeMy WebLinkAboutcoa.lu.ex.Patio Building/Crandall Lots R,S
Reception
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No. Loretta Banner, Recordfr July 11, 1980
Recorded at 2:29
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STATEMENT or EXEMPTION r~OM THE
DErINITION or SUBDIVISION
WHE~AS, 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
WHE~AS, pursuant to said Section 20-9(b), D~. 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 Rand 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
WHE~AS, the City Council has determined that the
proposed condominiumization is not within the intents and
purposes of subdivision regulation,
THEREro~, 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
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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 ,.qra.ay of 7Jz.7 ' 1980,
by the Aspen City Council at its regular meeting held on
said date.
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HE EDEL, MAYOR
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STATE or COLORADO
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COUNTY or PITKIN
The fO~ing 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.
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Witness my hand and official seal.
My commission expires: My Commissionexpires January 29,1984
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DECLARATION OF COVENANTS
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 Rand 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
f6iQ
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
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SUOK 432 ,.\(,~ 825
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
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this 12 day of
WHEREOF, this Declaration
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has been duly executed
PATIO BUILDING
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By
Gesi
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Crandall, a joint
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COUN'l:X",O,f PITKIN )
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/"Qi}?,,''l'1'l'{l'''.t'€)'re ,Oil}9 instrument was acknowledged
;/ll\"l~f?f, ~ ,.hi", , 19~, by Jack S.
f~i~<tt~a , all doing business as the Patio
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STATE OF COLORADO
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before me this
Crandall and
Building
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MEMORANOUM
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TO:
Aspen City Council
FROM: Richard Grice, Planning Office
RE: Patio Building Subdivision Exemption
DATE: Novem~er 30, 1979
Zoning: C-l
Location: Lots Rand S, Block 99, City and Townsite of Aspen (intersection
of Hyman and Original)
Lot Size: Approximately 6,000 square feet
Rental History:
Engineering
COl1ll1ents:
Attorney's
COllJ11ents:
Planning Office
Reconmendation:
P and Z
Reconmendation:
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.
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 cOl1ll1ents are included in your packet and are
found in a memorandum dated September 19, 1979.
"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-l district. Since these uses are not
currently permitted in the C-l zone district they have
acquired non-conforming use status. If I am to remain
consistent, I must reconmend 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." .
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-l zone. We recommend approval subject
to the conditions suggested in the Engineering Department's
memo of September 19, 1979.
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
inmediately.
,
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 Rand 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 insu!e the proper distribution of population, to
coordinate the need for public services, and to encourage
well-plan~ed subdivision.
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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 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 incom~ 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.
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Jack S. ~randall
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AFFIDAVIT OF
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JACK S. CRANDALL AND
GESINE CRANDALL
STATE OF COLORADO)
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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 Rand 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 ieased 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
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sold.
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Jack S. Crandall
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Gesinej Crandall
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'Subscribed and sworn to before me this 4th day of September,
1979, by 'Jack S. Crandlal and Gesine Crandall.
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WITNESS my hand and official seal.
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Notary Public
My commission expires:
MyCommissjon oXFir.. Mey J, 198C
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MEMORANDUM
TO:
Richard Grice, Planning Department
Louis.Buettner, Eng~neering De~artme~
September 19, 1979
FROM:
DATE:
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 appli,:ant -needs to apply to the City Council for a
license for the encroachments of the building and steps.
5. The application for this exemption impiies 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 EPgineering 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.
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MEMORANDUM
TO: Aspen City Council
FROM: Richard Grice, Planning Office
RE: Patio Building Subdivision Exemption
DATE: November 30, 1979
Zoning: C-l
Location: Lots Rand S, Block 99, City and Townsite of Aspen (intersection
of Hyman and Original)
Lot Size: Approximately 6,000 square feet
Rental History:
Engineering
Comments:
Attorney's
Comments:
Planning Office
Recommendation:
P and Z
Recommendation:
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.
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.
"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-l district. Since these uses are not
currently permitted in the C-l 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."
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-l zone. We recommend approval subject
to the conditions suggested in the Engineering Department's
memo of September 19, 1979.
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.
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~e rea~y by 5:~O P.M.
Friday November 2nd and you may pick up a copy at thlS offlCe anytlme
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
ASPEN I PiTKIN CO.
PlANNING OFFICE
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. 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.
O~~~-lli,
Dwight K. Shellman, Jr. ~
SHELLMAN & ORNITZ, P.C.
DKS : lw
TO:
FROM:
RE:
DATE:
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MEMORANDUM
Aspen Planning and Zoning Commission
Richard Grice, Planning Office
Patio Building Subdivision Exemption
November 15, 1979
Zoning:
C-1
Location:
Lot Size:
Renta 1
History:
Engineering
Comments:
Attorney's
Comments:
Lots Rand S, Block 99, City and Townsite of Aspen (intersection
of Hyman and Original)
Approximately 6,000 square feet
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.
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.
"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-l
district. Since these uses are not currently permitted in the C-l
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 Rand 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.
. -
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Gesin Crandall
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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 Rand 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
SOf~' ;:, ,-
J~H!(i"drJ;"ucL~c( G"in crondjOMdai{
Subscribed and sworn to before me this 4th day of September,
1979, by Jack S. Crandlal and Gesine Crandall.
WITNESS my hand and off icial seal. e,' _ q ,
-:::l:),"^,^",~
Notary Public
My commission expires:
My Commission eXEire, May 3, 1980
MEMORANDUM
FROM:
Ron Stock, City Attorney
City Engineering
Richard Grice, Planning Office
~
TO:
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.
. .
PEN
NEMORANDUM
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-l
district. Since these uses are not currently permitted in the C-I
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
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen. Colorado 81611
LAND USE APPLICATION FEES
County
00100 - 63711 09009 - 00000
63712
63713
63714
63715
63716
63717
City
00100 - 63721
63722
63723
63724
63725
63726
Subdivision/PUD
Special Review
P&Z Review Only
Detailed Review
Final Plat
Special Approval
Specially Assigned
09009 - 00000 Conceptual Application
Preliminary Application
Final Application
Subdi vi s i on Exemption
Rezoning
Conditional Use
PLANNING OFFICE SALES
00100 - 63061 09009 - 00000
63062
63063
County Land Use Sales
GMP Sales
Almanac Sales
CoPV Fe..
Other
Name: Patio Building Company
tIDx lUbb
Aspen. CO 81611
Address:
Check No,
1cn'J
$'iI),()1)
Project:Pa io tluild;no
Phone:
Date:
Receipt No, P
r 1\1.,
,1 _'
,