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HomeMy WebLinkAboutcoa.lu.ex.417-421 W Hallam-Sagewood.1977 ... Recorded at 8:43 A.M. Reception 1,.~. ('I ...J....... .._ July 7, 177 Julie Hane, order ~otlK3311f1Ut494 STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION WHEREAS, SID and Associates ("applicant"), is under contract to purchase a duplex located within the City of Aspen, which 10- cation is more particularly described as: Lots D and E and 39" of Lot C, Block 36, City and Townsite of Aspen, Pitkin County, Colorado, and WHEREAS, the applicant has applied, pursuant to the provisions of Section 20-l9(b) of the Aspen Municipal Code, for an exemption from the definition of subdivision for the creation of two separate condominium units located on the above described lots, and WHEREAS, the Aspen Planning and Zoning Commission did, at its meeting held May 17, 1977, determine that this proposed con- veyance is without the intents and purposes of subdivision regula- tions (subject to certain conditions) and did further recommend to the City Council that the requested exemption be granted, and WHEREAS, the Aspen City Council, at a regular meeting held Monday, May 23, 1977, did consider the requested exemption did agree that issuance of an exemption is appropriate, and did grant the same subject to certain conditions, THEREFORE, NOTICE IS HEREBY GIVEN that the City Council of the City of Aspen, Colorado, has granted an exemption from the difinition of subdivision for the creation of two separate condo- minium units and conveyance of separate interests in said units. PLEASE TAKE FURTHER NOTICE that this grant of exception is conditioned as follows: 1. That, at the time of Building Permit issuance, the applicant shall pay to the City of Aspen the appropriate Park Dedication Fee attributable to the 2 units and calculated pursuant to Section 7-143 of the Aspen Municipal Code. 2. That both units of the duplex be subject to the City's , rental policy of six month minimum rental, with allowance'of two short term rental restrictions. I . __"^*-,_~_,____ I ~ooK331 ilME495 3. That the conditions hereby imposed shall be deemed covenants running with the land and burden the same, and be binding upon the applicant, his heirs, assigns and successors in interest. Dated d I, Kathryn S. Hauter, City Clerk Colorado, do hereby certify that the foregoing exemption from the "..,>., definition;'4f..subdivision was granted by the Aspen City Council ". ' ......... .'~./;,., ',-, " . .::- at ilits regula~.~eeting held May 23, 1977. -,"", , . , ';., .:-..J _'.' " ..' ) . ~ j fi~i4 ~ L d,. ~I Kat ryn . Hauter ".,' ' STATE OF COLORADO ) ) ss. County of Pitkin ) The foregoing was acknowledged before me this 02n<t day of ~~ , 1977, by Stacy Standley III and Kathryn S. Hauter, Mayor and City Clerk respectively, of the City of Aspen, Colorado. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires~l~~~1 19~ 19'1J? C \\ ~:' ,,1 7 ~, <..:;. ..' p. I" v..\., . /. .. ....... < T;~ r-. . 'i ~ C \. \\ . .< f .. I,.. ..,:..:,\....J.,., 'i ..' !,~ ~ :) ~ :,i.. .<. - -; -':.- ',_ . . ,~X}?U :"'\ \~ ~r~,~-~../ ."'~..,'<,'- .~) ~ ~.:/~~{r/: 'j' '." . (~..." " -~'.." ....... f) ,:,','- " ...:.()~.c'.,\.../ ~ . , , , ;, :, :', , ,', .. ", ." " ~vJ ~L~ Notary Pub l.C -2- .__...-..4._,."....'~._~~,~_.__ MEMORANDUM TO: Aspen City Council FROM: Planning Office (HC) RE: SID Association Subdivision Exemption - Duplex Condominiumization DATE: May 18, 1977 This is a request by John Doremus for subdivision exemption to condominiumize an existing duplex located on Lots D, E, and F and the east 39th of C, Block 36, City of Aspen (417-421 West Hallam). The property is zoned R-6. Occupancy information of the duplex has not been submitted as of this date. The city engineer has no comments. the P & Z recommend approval of the to the following conditions: The planning office and subdivision exemption subject 1. A minimum six month lease requirement on both units. 2. A notice of the condominiumization be sent to existing occupants allowing 90 days for the occupants to purchase the units at market price. 3. Payment of the park dedication fee. ksh ....\0.-. Doremus & company post office box 224. 602east hyman ave, . aspen, colorado81611 .303925-6866 May 17, 1977 Mr. Hal Clark CitylCounty Land Aspen City Hall 130 South Galena Aspen, Colorado Use Administration Street 81611 Re: SID & Associates Exemption Dear Hal, As per your request, this letter is to clarify the status of the present occupants of the duplex located at 417 and 421 West Hallam Street in Aspen which SID & Associates is purchasing. The present occupants are Mrs. Mary Martz and Mrs. Eudora McCabe, the present owners under contract to sell to SID & Associates. Their purpose in selling is to move permanently to Grand Junction. They expect to have made their move before closing. vQ~ew~ ~ Doremus Agent for SID & Associates JP:abs i.-------____.,...,~.__ Doremus & company post office box 224.602 east hyman ave, . aspen, colorado81611 . 303925-6866 April 19, 1977 Mr. Hal Clark City/County Land Use Administration Aspen City Hall 130 South Galena Street Aspen, Colorado 81611 RE: SID & Associates Exemption Dear Hal: Please consider this letter a formal application to the Aspen Planning & Zoning Commission for an exemption from the term "subdivision", as defined in the Aspen Municipal Code Sec. 20-3 (5), with respect to the proposed condo- miniumization of the existing two-family dwelling ("duplex") located at 417-421 West Hallam and situated on lots D, E and E 39" of C, Block 36, City of Aspen. This duplex has been in existence for over a decade and has been used as a two-family dwelling for the same period. The property is presently zoned R-6 Residential, and a duplex structure is a permitted use under the applicable zoning regulations. The condominiumization, then, is solely for purposes of modifying the nature of ownership of this structure, and will involve no additional land use, density or resource impact. For the foregoing reasons, it is respectfully submitted the contemplated "division" does not fall within the intent or purpose of Aspen's Subdivision Regulations, which are ex- pressly designed to assist the orderly, efficient and inte- grated 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. Current City policy allows an exemption from subdivision re- quirements for the condominiumization of existing duplex structures, and it is further submitted that there is no meaningful distinction between such an exemption and the exemption of a duplex to be constructed in the near future.