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HomeMy WebLinkAboutcoa.lu.ex.Roosen, Lot 22, West Aspen Subdivision 27::>1 Regular Meeting Aspen City Council December 17, 1979 [Subdivision exetptJ.OIl lbJsen Subdivision exEmption . Pedersen Final Subdivision Herndon Ord. 81, Appropriation Electric furrl I Donation to city KSNO building l Mill street lighting SUBDIVISION EXEMPTION - Raosen Sunny Vann, plannin office, told Council this duplex seeking condominiumization through exemption is located on West Alta Vista Drive. The rental rates currently and have 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 Novemb~r 29, 1979 memorandum; seconded by Councilman Parry. All in favor, motion carried SUBDIVISION EXEMPTION - Pedersen Grice told Council that the motion to have these remain single family was defeated. However, in the conditions for approval, the owners are to seek individually historic designation for the structures. Grice said there is no reference to going before HPC. Mayor Edel requested that staff give this item more attention before Council votes on it. FINAL PLAT APPROVAL - Herndon Subdivision Grice told Council this is final plat approval for 44,000 square feet in the R-6 zone at the end of Frances street overlook in 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 Councilman Isaac moved to read Ordinance #81, Series of 1979; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE # B 1 (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. I II I I I' Ms. Butterbaugh explained this is due to increased rates from public service. The city II is loosing ground in their revenues and will be back for a rate increase. Because of I increased cost, there have been more revenues but the city has had to payout more. .1 Roll call vote; Councilmembers Behrendt, aye; Isaac, aye; Collins, aye; Parry, aye; II" Van Ness, aye; Michael, aye: Mayor Edel, aye. Motion carried. 'I II :1 I II II II Ii Councilman Isaac moved to adopt Ordinance #81, Series of 1979, on second reading; seconded by Councilman Parry. CITY MANAGER 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 per month to the maximum of $4,000. Chapman said if Council wants to accept the donation, he would need a motion, and he would bring a lease back to Council. Chapman pointed out 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 Ilghting on Mill street on antique lights versus standard highway poles. McArthur showed the closest pole he could fine resembling what is already in the city, 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. ., ;. . . e~ 3'lj3 f1I-6E 53 STATEMENT OF EXEMPTION FROM SUBDIVISION REGULATION WHEREAS, ROBERT C. ROOSEN (hereinafter referred to as "owner") is the O\vner 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. I-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. I-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 exemp~ion 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 unie is offered for sale, ~ _~__h~_"~'~""~"_._'~~^"'__""'__'- ,..._~"~,~~_____ !I II I i I which I ~UUIl3U3 tl,j: 54 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 /4- day of , 1980. HE EDEL, Mayor I ",' ...., OF I .. , ,.\ Ilf'I ,'{',_, . up ,/ v.I' Attest(~.~ ". .;./ ... . . . ;\..(']B~>2'd~ ~ () .. " " , III D 11/\ ':, '.I """ II"'" I, ROBERT C. ROOSEN, owner of the herein described i: property, agree to the terms set forth in this Statement of II Exemption. I, '1 II , ii " II ~ I' II II Ii ,I " I. ~ (~i ' t! . .' , '-' ,. ~,} ROBERT C. .~ . / I .. _" C ......(FC"2 M'.--- ROOSEN -2- ..._._--<--~...._..>. ~~-~~- NJl\393 ,..{ ",,'6.. 55 COUNTY OF ~/+k/~ ) ) ss. ) this e;>q#, ROOSEN. STATE OF c.~ /oR~'?'"' . .,;',,,.,;;,, Acknowledged, subscribed and sworn to before me .,;: :.:.;j,iJI:?s>.,day of ~ty , 1980, by ROBERT C. \> f)T'\:';/'~;'~y commission expires -mat" "7, /ql0 : :" I ,'.':' ";" ;' Witness my hand and official seal'. , ,'.', U' \ \ \,. c: .:.. .<. "'. '-'.. ~~' :' .~ I, #,. ( .- ..~...~;.., .:... :."': \ (.' ,,' "'I! (.r C'I. .,' I....;.; ..,I" 'O~ C' oi?~a!l Notary/Publ ic I, I \ I I ~ -]- .' Ii _._~"-""'''-''''''''-' .,. P~~epti on No. Loretta Banner, Recp~.der .._,. .,cQ5'2 August 14, 1980 ,",,<' ~ ~ Recorded at 3:56 P.M. UUUII3fJ3 ,J 'j..' ....,.,. 53 STATEMENT OF EXEMPTION FROM SUBDIVISION REGULATION 41 [;1- 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. I-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. I-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, ""--'-'._-..,,~-"'"~~,,>..."' ,- '-. ~ ,;<)uI\393 ~{:j: 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 I tenancies per year. ! 4. Owner agrees to enter into a sidewalk, curb and gutter improvement district in the event one is formed. Dated this ILf day of , 1980. HE EDEL, Mayor J!CF Jf ^ 'I" .~,.. c~l, " . l .~, '.:, 1- \1 ,,' Vr,I\" ,,' , " ,,' . . I, ROBERT C. ROOSEN, owner of the herein described ,. property, agree to the terms set forth in this Statement of ; Exemption. :2i ( . I & . '<<,{ ROB RT C. /- "; C~viZM'-/ ' ROOSEN -2- I! (" . .. - ,..~.'.... "...,.,. ~l6I'393 ,;~, ;[ ,,',v.'t 55 STATE OF C%;?p?o ) ) ss. ) COUNTY OF ~/+R/d Acknowledged, subscribed and sworn to before me this Qq>h ,/:',1', day of (}uo/ ,1980, by ROBERT C. ROOSEN. ~~ 3 '_, ^ M /~~.~P -}, ;C?j7 . ,,; 1\ !nf; I... ".~-' J.1.}Y commission expires --,/, '.....f ~ 11 I . ii (' '. /j / I ~,\, \ \) ,'J "I \. Witness 0' (', ' .{. my hand and official seal. , *~ Notary ublic d~a;:J L i -3- MEMORANDUM Aspen Planning and Zoning Commission Aspen City Council . J Sunny Vann, Planning Officef7 Roosen Subdivision Exemption TO: FROM: RE: DATE: November 29, 1979 Zoning: Location: Lot Size: Rental History: Engineering COlTlllents: Attorney's Conments: Housing Director's COlTlllents: Planning Office Reconmendati on: P & Z RecolTlllendation: R-15 1225 West Alta Vista Drive (Lot 22, West Aspen Subdivision) Approximately 18,390 square feet The Roosen duplex currently rents for $1,440 per month per unit. Last year's rental rent was $1,100 per month per unit. 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. 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-~2 of the Municipal Code. The City Attorney's memorandum is attached for your review. See Housing Director's memorandum dated November 29, 1979 at the beginning of the subdivision exemption section of this packet. 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. 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. ( r' I' ,'c/ !. I i'_ t 1\1 ----<--<------ . MEMORANDUM TO: Sunny Vann, Planning Office FROM: Jay Ha~ond, Engineering Offi~e~ 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 zecommends 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 ~hall be brought into compliance with section ~9-101 "Driveway and curb cut specifications" and so deed restrict in the statement of exemption. , c:: The Engineering Department recommends approval for the above subdivision exemption subject to the owner/applicant correcting -the above conditions. ,; .~ - t:! .. ~'fr~J? ~' . -4~,....___ ..~ :.r~-"':'" . . ....."'"'. '.."'ff': .~. . . ,.".,....._~.j -<~7r-""'~' -......--....- . ..\ ' \\ ~ , .. j. , , \. I ., ( i I , I , ~ i . {. r-r-'-'. r......'. .-.", i .-...~.... 1 . - '... ."..~'i : - ,_., ..... " .! . ,. -.. . - .- ,. ,'.; '. . . .,~"': I. i "'/ .:~:: . ~ -'. _ ';...! -';.:2 7' . .. . . ~ '-\t;ih'~'\::;:_".:'~~""'V~ "r.-.SI~'''''';:'''4-~'''-;'f~;~ < '!;::i~i'(" ,;'<:<>;18: ~;if~-' '-'t'~~-;.:, .J !l'ot,.......",>.... t}i".". ..,p ~ I .~'I("'C~.-, 'to".-.. .'L. ...._~.l-;':" '.... "'f....._..::. ".'."'.' , , . .... CITY OF"'ASPEN 130 south galena street aspen', colorado:'SI611 .....~.oJI . MEMORANDUM DATE: November 21, 1979 TO: Sunny V~n FROM: Ron s~o<<~ 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: [xl Notice and option provisions to current tenants [xl Each unit restricted to six-month m~n~mum leases with no more than two shorter tenan- cies in a calendar year. RWS:mc . -.....,-..---- ! 'f I . '--"-1-- r'" -~)~: -,- ~"I ' ' ~.~ ~ - ___.--c........-.: ,. .... --;n ''''''fl'. ,~,-,-..,.'I:'...-.r:'-'~ l 2 f'~ .~.,~.~ .~,. ~~. ~r -,..,..~--.-,,-~ . . . ~ . i \ I , ; 'r '.' '. . . .1 ~ ; ;t/~"',. '-;:.-~~~;~~ttt~~':'::-;;~. .~.- '-- . f~:.... ," ..~ '" "'*..~' ,,; ~-. ~". . ' 'f .'_ . ~ 1. ........~.-.<:...-.... (....._ .~~_ ~~-- ~-~ n.... ", . ,--'-'- APPLICATION FOR EXEMPTION FROM . SUBDIVISION REGULATIONS Request is hereby made on behalf of ROBERT C. ROOSEN (hereinafter referred to as tlapplicanttl) under ~20-l9 (a) of \ " .~J ,I \ the Aspen, Colorado, subdivision regulations for an exemption from the definition of the term,tlsubdivisiontl with respect to . real property described as Lot 22, West Aspen Subdivision, Filing LA, 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 purpos~ of the subdivision regulations wh~ch 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. .---.. . I I , , , ---- The granting of this application will not undermine the intent of the subdiv~sion regulations, as it is, clearly within the area intended for exemption under ~20-l9. The building is already in' existence, and there will be no change in density, which is presently in lin~ 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. !!::/ ~ Attorney for Applicant . -2- LAW OP'FICES GIDEON I. KAUFMAN BOX 10001 till WEST MAIN STREET ASPEN. COLORADO B 1 ell DAVID G. ~ISENST.'N October 25, 1979 TEL~PHONE AREA CODE 303 9215-8168 GIDEON I. KAUFMAN . Qr::J~r:"(t;i\ig n \J)gl\LI~;"1,1\0~Ll~~ 'I tl.;'-'-' , I, [ OCT 30 1979-:.} U ASPEN / PITKIN CU. " PlANNING OFFICE .. Mr. Richard Grice Aspen/Pitkin Planning Office City of Aspen 130 South Galena Aspen, Colorado 81611 Re: Robert C. Roosen t.:.... ....., ~ ...~..4..~'. .,..._..".'-:J;';- Dear Richard, 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 .........-_..""':'""'.~ '''T'''-~'- ~... ., " ~Y'-" "~l I. . ^~_.~....~ . .-.'-.~-,,~'.~' ~.~~"'~. .._--~ . i ! , t i ,. i ., , I ., j I , . . -~-.f~"l'''--- rlT-~': . _------...-...1 1 .' ~)~::s:,'- .';1:_";:~," ...~~ .~''':,l'''''':'''''';'''''';'''"-~~~"",, f~.{';' ;~', <"'~'~~:;'t~V .:;::~~." ~~ '~;'~~.~. ,'; :L .. '",- . , . ., '.' ,. - ,;.'.'. .., f) ~._.l .-';,.,j,.'t(. :t......~ {.... .....:....-. ~n_'....~' ... ~...__.~~.,.