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Home My WebLink Aboutcoa.lu.ex.Rome, Lot 4, Block 1ROME : Lot 4, Block 1, Pitkin Mesa Subdivision MEMORANDUM TO: Aspen City Council FROM: Richard Grice, Planning Office RE: Rome Subdivision Exemption DATE: November 19, 1979 Zoning: R-15 Location: Lot 4, Block 1, Pitkin Mesa Subdivision (1045 Cemetery Lane) Lot Size: Approximately 15,300 square feet Rental History: Last winter one unit was owner occupied and the other was rented on a short term basis. Presently, the unit is rented on a six month lease to a local resident pending completion of the local resident's own home. Engineering Comments: The Engineering Department recommends approval subject to the existing parking being relocated prior to being placed on City Council agenda, the installation of a water meter by April 1, 1980 and the owner agreeing to enter into an improve- ment agreement for the construction of curb, gutter and side- walk. Attorney's Comments: "I have no objection to the above described subdivision exemption subject to the six month rental restriction of Section 20-22 of the Code. However, the rental history of one of the units clearly places this unit within the low, moderate and middle income price range. It is my opinion that Section 20-22(c) was adopted to protect this type of property. The applicant believes that the nature of the tenant removes the property from the low, moderate and middle income housing pool. I do not. I recommend denial unless the applicant submits an acceptable proposal to mitigate the adverse effects of this condominiumization on the low, moderate and middle income housing pool." Housing Director's Comments: "I am of the opinion that five year rental restrictions should be applied to all condominiumizations rather than only those who have in the past rented at the low, moderate or middle income housing guidelines." Planning Office Recommendation: In accordance with the City Attorney's recommendation, we recommend denial unless the applicant submits an acceptable proposal to mitigate the adverse effects of this condominiumi- zation upon the low, moderate and middle income housing pool. P and Z Recommendation: Recommendation is for approval subject to the following: 1. Existing parking should be relocated to another area of the property in accordance with Section 19-101(e)(1) of the City of Aspen Municipal Code prior to being placed on the City Council agenda. 2. The installation of a water meter prior to April 1, 1980. 3. The owner shall agree to enter into an improvement agree- ment for the construction of curb, gutter and sidewalks. 4. The property shall be deed restricted to the six month minimum lease provisions of Section 20-22 of the Aspen Municipal Code. • Robert and NOy Rome P. 0. Box 2064 Aspen, Colo. 81611 925-3761 July 25, 1979 Planning and Zoning Commission in care of Planning Office attei,tion: Richard Grice Dear Sirs: We are requesting a subdivision exemption for the condominiumization of our duplex on Lot 4 $lock 1 of Pitkin Mesa Subdivision, also known as 1045 Cemetery Lane. Wa purchased the property in May, 1978. It was then a single family dwelling used as a vacation home for a Texas family. We converted it to a duplex and we live in one half.Last winter we rented the other half to skiers on a daily basis. We now have it rented on a six-month lease to a lady who is having a house built. if we still own it next winter, we plan to again rent it on a daily basis. It does not either from past or present use or from our purchase price qualify as low and moderate cost permanent employee housing. We are local employees who have lived here the last five years. We belie<<e that condominiumizing would give ourselves and others like us a ber.ter chance to buy Local housing. Thank you for your consideration. Sincerely, Robert and Nancy Rome .J . Recorded at 11:25PM Febery 14, 1980 Loretta Banner Recoer STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION Reception no. -�`JbK 383 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 of said Section 20-19(b), Robert B. Rome and Nancy R. Rome have requested such an exemption for the con- dominiumization of a single family residence which has been di- vided into two living units in the form of a duplex located on the real property known and described as: Lot 4, Block 1, PITKIN MESA SUBDIVISION, a part of the Southwest quarter of Section 4, Township 10 South, Range 85 West of the 6th Principal Meridian, County of Pitkin, State of Colorado. WHEREAS, the Aspen Planning and Zoning Commission, at its meeting held ��, L , 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, NOW 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 sub- division regulation with respect thereto subject only to the notice and option provisions and the provisions regarding min- imum six month lease terms set forth in Section 20-22 of the • �UGK fAu,, 72 Aspen Municipal Code and to the conditions that the applicants agree to join any curb, gutter, sidewalk or other special im- provement district and agree to install water meters on or before April 1, 1980. Done this day of �`i�'iC,�j�Z 19► by the Aspen City Council at its regular meeting held on said date. ATTEST: erman del, Ma r Kathryn Koch, City Clerk STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was duly acknowledged before me this day of F 19�� by Herman Edel and Kathryn S. Koch, personally known to me to be Mayor and City Clerk of the City of Aspen, Colorado. Witness my hand and official seal. My•*Umission expires:Pir S , L Notary Public . Recorded at 11:26AM Febr aReception n0ry 14, 1980 Loretta Banner RecOer ' f�. 18'94 COVENANTS `?Ai jK 38J � Robert B. and Nancy R. Rome (covenantors), for themselves, :heir heirs, executors, administrators, and assigns hereby covenant with the City of Aspen, Pitkin County, Colorado, that: 1. They are the owners of the following described property together with the improvements thereon: Lot 4, tslock 1, Pitkin Mesa Subdivision also known as lo45 Cemetery Lane; Aspen, Colorado 2. The above -described property shall be restricted to 6ix(6) month minimum leases with no more than two (2) shorter tenancies in any calandar year. 3. Covenantors, for themselves and their subsequent assigns, as o•vners of the above -described property hereby agree to waive any rights they may now or hereafter have to protest against the formation of any special improvement district associated with the property and agree to join said district when established. 4. The covenants contained herein may be changed, modified or ariended 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. 5. The covenants contained herein ;tre to run with the land and shall be binding on all parties and all persons claiming under them for a period of fifty (50) years from the da;.c these covenants are recorded, after which time, the covenant contained in paragraph two t2) shall he autoratically extended fo succes.%Jve periods of ten ll0) years, unless an instrument sided by the record owners of .the property and the Mayor of the City of Aspen pursuant to a vote taken by the City Council has been recorded which changes said covenant, in whole or in part, or which releases the same. IN WITNESS WHEREOF, this Declaration has been duly executed this L:L_day of , 19 A adz cl)-� STATE OF COLORADO ) ss . County of Pitkin ) The foregoing instrument was acknowledged before me this !_ day oftG'U�'/ 19J' by � t %�,� �vitpess my hand and official seal. � C Nib l ornmiss ion expires : � - a/-,0, 3 it �. � � � `•� ] NotaryPublic 0 0 0 • MEMORANDUM TO: Richard Grice, Planning Department FROM: Louis Buettner, Engineering Departme Zo DATE: September 19, 1979- RE: Rome Subdivision Exemption In reviewing this subdivision exemption application for lot 4, block 1, Pitkin Mesa Subdivision in the office and at the property, the Engineering Department has the following conditions for approval. 1. The existing parking across the front of the lot should be redesigned to a new location. The existing parking as located is undersized, and in violation of section 19-101(e)(1) of the City of Aspen Municipal Code. The parking as located would require a curb cut in excess of the 18 feet permitted. 2. This building is currently on a flat rate water billing. The city has required all water users to install water meters by April 1, 1980. The applicant should install water meter(s) as a condition of the subdivision exemp- tion. 3. The street improvements of curb, gutter, and sidewalk have not been constructed. The Engineering Department would request that the applicant (owner) enter into an improve- ment agreement, to construct the improvement that would be a covenant on the property. 4. The property should be deed restricted to a six-month minimum lease term with no greater than two shorter tenancies in any calendar year. The Engineering Department feels the above four conditions would be corrected if the application would be a full subdivi- sion. As this is an application fo'r'subdivision exemption the same conditions should be corrected. The Engineering Department could approve the exemption applica- tion if the foregoing conditions are corrected. 0 MEMORANDUM 0 TO: Aspen Planning and Zoning Commission Aspen City Council FROM: Richard Grice, Planning Office RE: Rome Subdivision Exemption DATE: October 30, 1979 Zoning: R-15 Location: Lot 4, Block 1, Pitkin Mesa Subdivision (1045 Cemetery Lane) Lot Size: Approximately 15,300 square feet Rental History: Last winter one unit was owner occupied and the other was rented on a short term basis. Presently, the unit is rented on a six month lease to a local resident. Engineering Comments: See attached memorandum from Engineering Department dated September 19, 1979. Attorney s Comments See attached memorandum from City Attorney dated October 4, 1979. Housing Director's Comments: "I am of the opinion that five year rental restrictions should be applied to all condominiumizations rather than only those who have in the past rented at the low, moderate, or middle income housing (guidelines)." Planning Office Recommendation: The application should be denied unless the applicant submits an acceptable proposal to mitigate the adverse affects of this condominiumization on the low, moderate and middle income housing pool. P and Z Recommendation: CITY OF ASPEN 130 south galena street aspen, colorado 81611 MEMORANDUM DATE: October 4, 1979 TO: Richard Grice FROM: Ron Stock RE: Rome Subdivision Exemption I have no objection to the above -described subdivision exemption subject to the six month rental restriction of Section 20-22 of the Code. However, the rental history of one of the units clearly places this unit within the low, moderate and middle income price range. It is my opinion that Section 20-22 (c) was adopted to protect this type of property. The applicant believes that the nature of the tenant removes the property from the low, moderate and middle income housing pool. I do not. I recommend denial unless the applicant submits an acceptable proposal to mitigate the adverse effects of this condominiumization on the low, moderate and middle income housing pool. RWS:mc MEMORANDUM TO: City Engineering Ron Stock, City Attorney him Reents, City Housing Director FROM: Richard Grice, Planning Office RE: Rome Subdivision Exemption DATE: September 5, 1979 Attached is an application for subdivision exemption submitted by Robert and Nancy Rome. 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 concerning this application no later than Monday, October 29, 1979. Thank you. co a VA C1 - (N1l �� `�1 �j GA-., K.A.P. DEVELOPMENT SERVICES, I NC.- 7515 WEST 17 T" AVENUE LAKEWOOD, COLORADO 8DZ15 - PHONE :(303) 232-7238 PLAT OF SURVEY LOT 5 BLOC K BLOC K 1 3 � 'L v o R.L.s. zs6BQ y " N 3 4 w4 rc-6 �, I Enserr,e.�f I Lega_I Discription All of Lot 4, Block 1 of the Pitkin Mesa Subdivision, to Pitkin County, State of Colorado. 5ca l e : 1 "= 4-O' FIN FOUND. . . . . I do hereby certify that this PLAT OF SURVEY was prepared by me from an actual survey of the ground, and that the monuments shown hereon were in place, and demend to be reliable. All of the house location information shown hereon is based on the found monuments. lames Lee Wheat R.L.S. 12488 L E E *` 12488 ' �G 1 V E OFNCOL�,•``' • Robert and N* Rome P. 0. Box 2064 Aspen, Colo. 81611 9 25-3761 ,July 25, 1979 Planning and Zoning Commission in care of Planning Office attention: Richard Grice Dear Sirs: We are requesting a subdivision exemption for the eondominiumization of our duplex on Lot 4 Block 1 of Pitkin Mesa Subdivision, also known as 1045 Cemetery Lane. We purchased the property in May, 1978. It was then a single-family dwelling used as a vacation home for a Texas family. We converted it to a duplex and we live in one half.Last winter we rented the other half to skiers on a daily basis. We now have it rented on a six-month lease to a lady who is having a house built. If we still own it next winter, we plan to again rent it on a daily basis. It does not either from past or present use or from our purchase price qualify as low and coderate cost permanent employee housing. We are local employees who have lived here the last five years. Ke belie«e that condominiuc.'_zing would give ourselves and others like us a better chance to buy local housing. Thank you for your consideration. Sincerely, Robert and Nancy Rome