HomeMy WebLinkAboutcoa.lu.ex.Roosen, Lot 22, West Aspen SubdivisionROOSEN 1225 West Alta Vista _
(Lot 22, West Aspen Subdiv)
E
X
Regular Meeting
Aspen City Council
27J1
December 17, 1979
SUBDIVISION EXEMPTION - Roos en
Subdivision
Sunny Vann, plannin office, told Council this duplex seeking condominiumization through
exemption I
exemption is located on West Alta Vista Drive. The rental rates currently and have
Foosen
historically exceeded the housing pool. The engineering department recommends approval
subject to a number of conditions and the applicant agreeing to enter into a sidewalk
district. The attorney comments that the units should be conditioned upon six month
minimum lease and notice and option provision. The planning office recommends approval
subject to those conditions; P & Z concurred.
Councilman Behrendt moved to approve the Roosen subdivision exemption according to the
November 29, 1979 memorandum; seconded by Councilman Parry. All in favor, motion carried
SUBDIVISION EXEMPTION - Pedersen l
Grice told Council that the motion to have these remain single family was defeated. i
Subdivision
However, in the conditions for approval, the owners are to seek individually historic
exemption
designation for the structures. Grice said there is no reference to going before HPC.
Pedersen
Mayor Edel requested that staff give this item more attention before Council votes on it. i
FINAL PLAT APPROVAL - Herndon Subdivision y
Final
Subdivision
Grice told Council this is final plat approval for 44,000 square feet in the R-6 zone
Herndon
at the end of Frances street overlookin Castle Creek with an existing house. The
request is to put a line through the property to create a second building site. Grice
said this application is made under a growth management exemption allowing for a second
building site provided it is restricted to single family residence. Both the engineering
department and planning department have reviewed this and found that all conditions have
been met since conceptual. Grice pointed out there are two quit claim deed needed for
the western boundary.
Councilman Parry moved to approve final plat for the Herndon Subdivision; seconded by
Councilman Behrendt. All in favor, motion carried.
ORDINANCE #81, SERIES OF 1979 - Electric Appropriation Ordinance
Ord. 81,
Councilman Isaac moved to read Ordinance #81, Series of 1979; seconded by Councilman
Appropriation
Parry. All in favor, motion carried.
Electric fund
ORDINANCE #81
(Series of 1979)
AN ORDINANCE MAKING A SUPPLEMENTAL APPROPRIATION IN THE ELECTRIC FUND
IN THE AMOUNT OF $140,277 FROM UNAPPROPRIATED REVENUES AND $55,723 FROM
PRIOR YEAR SURPLUS; APPROPIRATE EXENPDITURES OF $196,000 FOR PURCHASED
POWER; AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE
ENACTMENT was read by the city clerk.
Councilman Isaac moved to adopt Ordinance #81, Series of 1979, on second reading;
iseconded
by Councilman Parry.
Ms. Butterbaugh explained this is due to increased rates from public service. The city
is loosing ground in their revenues and will be back for a rate increase. Because of
increased cost, there have been more revenues but the city has had to pay out more.
Roll call vote; Councilmembers Behrendt, aye; Isaac, aye; Collins, aye; Parry, aye;
Van Ness, aye; Michael, aye; Mayor Edel, aye. Motion carried.
CITY MANAGER
I
I
1. KSNO Building. City Manager Chapman told Council KSNO offered to donate their build-
ing to the city prior to the end of this year. They agreed to pay the city rent of $750
Donation to I
per month to the maximum of $4,000. Chapman said if Council wants to accept the donation,
city KSNO
he would need a motion, and he would bring a lease back to Council. Chapman pointed out
building
the building would have to be moved or demolished at the beginning of building season.
City Engineer McArthur said the parks department would have use for this building out at
the golf course. Mayor Edel said if they would pay the city $4,000, would the city wind
up with the same problem of setting it up and costing more. Ms. Butterbaugh said there
is no money budgeted for this.
Councilman Behrendt pointed out the space at the golf course is open space and the city
keeps putting more things on it. Councilman Behrendt said he did not see that this
benefitted the city a lot, and this would also preclude the P & Z decision of allowing
the building at the golf course. Chapman suggested finding a use for the building and
then accepting the donation and the rent money. If Council decides not to move the
building, it can be demolished. Councilman Van Ness said before accepting the donation,
the city should have a definite use for it. Mayor Edel said unless the staff determines
a use and the P & Z goes along with it, then Council is not interested.
2. Mill Street Lighting. McArthur reminded Council they had asked for a break down on
costs for lighting on Mill street on antique lights versus standard highway poles.
Mill street McArthur showed the closest pole he could fine resembling what is already in the city,
lighting which costs $2995 just for the pole. The antique lights are $3150 per pole, and at least
12 poles are needed. The regular aluminimum 30 foot pole cost about $738 per pole.
McArthur said he had not seen the pole resembling the city's, which is made in Mexico
and weighs only 100 pounds. The engineering department figures $8856 for lighting on
Mill street; the antique lights would cost $39,000. The $27,000 difference would mean
eliminating four streets of paving in the downtown.
STATEMENT OF EXEMPTION
FROM
SUBDIVISION REGULATION
WHEREAS, ROBERT C. ROOSEN (hereinafter referred to as
"owner") is the owner of a parcel of land located in the City of
Aspen, Pitkin County, Colorado, more particularly described as
Lot 22, West Aspen Subdivision, Filing No. 1-A, on which there is
situate an existing duplex, and
WHEREAS, owner has requested an exemption from subdivision
regulation for the purpose of subdividing the existing duplex
through condominiumization, and
WHEREAS, the Aspen Planning and zoning Commission, at its
meeting held on the 4th day of December , 1979 , determined
that an exemption from subdivision regulation is appropriate and
recommended that the same be granted, and
WHEREAS, the City Council of Aspen, Colorado, has deter-
mined that the subdivision of the existing duplex through condo-
miniumization is not within the intents and purposes of the
subdivision ordinance set forth in Chapter 20 of the Aspen
Municipal Code,
NOW, THEREFORE, the City Council of Aspen, Colorado, does
hereby determine that the proposed subdivision of the duplex
located on Lot 22, West Aspen Subdivision, Filing No. 1-A, City of
Aspen, Pitkin County, Colorado, by its condominiumization is not
within the intents and purposes of the subdivision ordinance and
does, for such reason, grant an exemption from the regulation of
such action subject to the following:
1. Any existing tenant shall be given written
notice in the event that tenant's unit is offered for sale,
which notice shall specify the sales price. Each tenant shall
have an exclusive non assignable right for the ninety (90) days
following the tenant's receipt of the notice to purchase his/her
unit at the price specified in the notice.
2. Each tenant shall have a ninety (90) day
exclusive non assignable right of first refusal to purchase
his/her unit, which shall commence when a bona fide offer is made
by a third person and accepted by the owner and notice of the
offer and acceptance and a copy thereof have been delivered to
the tenant. In the event this notice of offer and acceptance is
delivered to the tenant while the ninety (90) day right set forth
in paragraph one (1fl) above is still in effect, the tenant may
purchase the unit for the amount of the initial specified sales
price or the amount of the bona fide offer, whichever is less.
3. Each unit of the duplex shall be restricted to
six (6) month minimum leases with no more than two (2) shorter
tenancies per year.
4. Owner agrees to enter into a sidewalk, curb and
gutter improvement district in the event one is formed.
Dated this 14 day of
Atter
• E,v� � 1 i Il � :,, 1
I, ROBERT C. ROOSEN, owner of the herein described
property, agree to the terms set forth in this Statement of
Exemption.
ROBERT C. ROOSEN
-2-
STATE OF
ss.
COUNTY OF
Acknowledged, subscribed and sworn to before me this aq
t?; day of� , 1980, by ROBERT C. ROOSEN.
T� My commission expires
Witness my hand and official seal.
NotarPublic
-3-
R eption No. Loretta Banner, Re c der a
.� August 14, 1980
Recorded at 3:56 P.M. �,,�,,1
53
STATEMENT OF EXEMPTION
FROM
SUBDIVISION REGULATION
WHEREAS, ROBERT C. ROOSEN (hereinafter referred to as
"owner") is the owner of a parcel of land located in the City of
Aspen, Pitkin County, Colorado, more particularly described as
Lot 22, West Aspen Subdivision, Filing No. 1-A, on which there is
situate an existing duplex, and
WHEREAS, owner has requested an exemption from subdivision]
regulation for the purpose of subdividing the existing duplex
through condominiumization, and
WHEREAS, the Aspen Planning and Zoning Commission, at its
meeting held on the 4th day of December , 1979 , determined
that an exemption from subdivision regulation is appropriate and
recommended that the same be granted, and
WHEREAS, the City Council of Aspen, Colorado, has deter-
mined that the subdivision of the existing duplex through condo-
miniumization is not within the intents and purposes of the
subdivision ordinance set forth in Chapter 20 of the Aspen
Municipal Code,
NOW, THEREFORE, the City Council of Aspen, Colorado, does
hereby determine that the proposed subdivision of the duplex
located on Lot 22, West Aspen Subdivision, Filing No. 1-A, City of
Aspen, Pitkin County, Colorado, by its condominiumization is not
within the intents and purposes of the subdivision ordinance and
does, for such reason, grant an exemption from the regulation of
such action subject to the following:
1. Any existing tenant shall be given written
notice in the event that tenant's unit is offered for sale,
J3 . s 54
which notice shall specify the sales price. Each tenant shall
have an exclusive non assignable right for the ninety (90) days
following the tenant's receipt of the notice to purchase his/her
unit at the price specified in the notice.
2. Each tenant shall have a ninety (90) day
exclusive non assignable right of first refusal to purchase
his/her unit, which shall commence when a bona fide offer is made
by a third person and accepted by the owner and notice of the
offer and acceptance and a copy thereof have been delivered to
the tenant. In the event this notice of offer and acceptance is
delivered to the tenant while the ninety (90) day right set forth
in paragraph one (111) above is still in effect, the tenant may
purchase the unit for the amount of the initial specified sales
price or the amount of the bona fide offer, whichever is less.
3. Each unit of the duplex shall be restricted to
six (6) month minimum leases with no more than two (2) shorter
tenancies per year.
4. Owner agrees to enter into a sidewalk, curb and
gutter improvement district in the event one is formed.
Dated this 14 day of
'{ v F d
I, ROBERT C. ROOSEN, owner of the herein described
property, agree to the terms set forth in this Statement of
Exemption.
ROBERT C. ROOSEN
-2-
j � r
STATE OF
ss.
COUNTY OF �i �%�✓ )
Acknowledged, subscribed and sworn to before me this ay�h
day of 1980, by ROBERT C. ROOSEN.
T' My commission expires �a jg,03
Witness my hand and official seal.
Notary- ublic
-3-
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
Aspen City Council • /,�
FROM: Sunny Vann, Planning Office4/
RE: Roosen Subdivision Exemption
DATE: November 29, 1979
Zoning: R-15
Location: 1225 West Alta Vista Drive (Lot 22, West Aspen Subdivision)
Lot Size: Approximately 18,390 square feet
Rental History: The Roosen duplex currently rents for $1,440 per month per
unit. Last year's rental rent was $1,100 per month per unit.
Engineering
Comments: The Engineering Department recommends approval subject to
(1) the revision and resubmission of the owner/applicant's
improvement survey, and (2).the owner/applicant agreeing
to enter into a sidewalk, curb and gutter improvement district
in the event one is formed. These two conditions are stipulated
and elaborated upon in the Engineering Department's memorandum
of November 28, 1979, which is attached for your review.
Attorney's
Comments: If the Roosen subdivision exemption is granted, approval
should be conditioned upon the owner/applicant complying
with the notice and option provision and minimum lease
restriction of Section 20=22 of the Municipal Code. The
City Attorney's memorandum is attached for your review.
Housing Director's
Comments: See Housing Director's memorandum dated November 29, 1979
at the beginning of the subdivision exemption section of this
packet.
Planning Office
Recommendation: Approval subject to the owner/applicant complying with the
notice and option provision and six month minimum lease
restriction of Section 20-22 and the revision and resub-
mission of the improvement survey consistent with the
Engineering Department's recommendations.
P & Z
Recommendation: Approval subject to the owner/applicant complying with the
notice and option provision and six month minimum lease res-
triction of Section 20-22, the revision and resubmission of
the improvement survey consistent with the Engineering Depart-
ment's recommendations, and the owner/applicant agreeing to
enter into a sidewalk, curb and gutter improvement district in
the event one is formed.
MEMORANDUM
TO: Sunny Vann, Planning Office
FROM: Jay Hammond, Engineering Office
DATE: November 28, 1979
RE: Roosen Subdivision Exemption, Lot 22, West Aspen Subdivision
Having reviewed the survey plat for the above subdivision exemp-
tion and having made a site inspection, the Engineering Department
recommends the following:
1) The owner/applicant shall revise and resubmit the improve-
ment survey to include the following:
A) Centerline of Alta Vista and ROW dimension.
B) Identification of .property to southwest.
C) Surveyor's seal.
D) Identify all electric vaults.and phone pedestals.
E) Indicate types of easements (utility, access, drainage,
etc.)
F) Show location of all existing parking as well as all
new parking.
2) The owner/applicant shall agree tc enter into a sidewalk, curb
and gutter improvement district in the event one is formed at which
time the lot access 'shall be brought into compliance with sectior.
19-101 "Driveway and curb cut specifications" and so deed restrict
in the statement of exemption. J
The Engineering Department recommends approval for the above
subdivision exemption subject to the owner/applicant correcting
the above conditions.
♦ is
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CITYOF ASPEN
130 south galena street
aspen-, coIorado:81611
MEMORANDUM
DATE: November 21, 1979
TO: Sunny Vann
FROM: Ron Stock J
RE: Roosen 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.
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APPLICATION FOR EXEMPTION
FROM
SUBDIVISION REGULATIONS
Request is hereby made on behalf of ROBERT C. ROOSEN
(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 22, West Aspen Subdivision, Filing
1A, City of Aspen, Pitkin County, Colorado.
It is submitted that an exemption in this case would be
appropriate.
The application involves subdivision of an existing
structure. A subdivision of a lot with a duplex on it creates
conditions whereby strict compliance with the subdivision regu-
lations would deprive the applicant of reasonable use of
land. If an exemption is granted, the owner of the property
will have a common interest in the land and there will be either
a condominium declaration or use and occupancy agreement appli-
cable 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.
u
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, and there will be no change in density,
which is presently in line with the desired population density
for the property. A follow-up letter will be submitted con-
cerning the proposed condominiumization's compliance with the
new condominiumization ordinance. The applicant would appre-
ciate your consideration of this application at your next
regular meeting.
Dated: July 13, 1979.
i'�- � (��
Gideon I. Ka man
Attorney for Applicant
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0 LAW OFFICES
GIDEON I. KAUFMAN
BOX 10001
611 WEST MAIN STREET
ASPEN. COLORADO 8161 1
GIDEON I. KAUFMAN
DAVID G. EISENSTEIN October 25, 1979
Mr. Richard Grice
Aspen/Pitkin Planning Office
City of Aspen
130 South Galena
Aspen, Colorado 81611
Re: Robert C. Roosen
Dear Richard,
i
TELEPHONE
AREA CODE 303
925-8166
OCT 3 0 11-179 _'4
ASPEN / P! I y+N CC).
PLANNING OFFICL
This letter is being submitted to address the
proposed condominiumization of Bob Roosen's duplex with
the condominium ordinance adopted by the City Council.
The Roosen duplex is presently being rented for one thousand,
four hundred forty dollars ($1,440.00) a month per side. The
rent a year ago was one thousand, one hundred dollars ($1,100.00)
per side. These figures greatly exceed the guidelines established
for low, moderate and middle -income housing. I have talked with
Ron Stock in the past, and he shares my belief that units that
rent in excess of one thousand dollars ($1,000.00) per month
are not good candidates for classification as low, moderate
and middle -income housing. If the Council requires, however,
Mr. Roosen would be willing to restrict one-half (1/2) of the
duplex to the present rents, subject to the increases granted
by the Housing Authority.
I look forward to discussing this application with you.
If you have any further questions, please feel free to contact
me.
GK ch
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t
Ve truly yours,
Gideon Kaufman
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