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Home My WebLink Aboutcoa.lu.ex.745 Cemetery Ln.1979L- MEMORANDUM TO: Aspen Planning and Zoning Commission Aspen City Council FROM: Richard Grice, Planning Office RE: Sams -Hall Subdivision Exemption DATE: October 12, 1979 Zoning: R 15 Location: 745 Cemetery Lane (Lot 2, West Aspen Subdivision) Lot Size: Rental History: See attached affidavit of Harold W. Sams which provides rental history. f Engineering Comments: See attached memorandum dated October 11, 1979. Attorney's "I have no objection to the approval of the above described subdivision Comments: expr�ionguhiPrt to the six mnnth rental restriction of Section 20-22 of the Code However, the rental history of Unit 1 clearly places this unit within the low, moderate and middle income price range. Resolution _18, Series 1978 is cited by the applicant, but this Resolution was intended to set price guidelines when an exemption was .granted to the Growth Management Plan. Resolution No. 18 was never intended nor has it been £►x used to define low, moderate and middle income housing under Section 20-22 of the Code. I recommend denial unless the applicant submits an acceptable proposal to mitigate the adverse effects of this condominiumization upon the low, moderate and middle income housing pool." Planning Office Recommendation: The recommendation is for denial. Pand Z Recommendation: Approval with following conditions-, (1) compliance with ItelI of the Engineering Department memo dated October 11 197g. prior to City Council consideration (2) compliance with Itern 2 of the _above mentioned meno, (3) compliance with Aspen Municipal Code Section 20-22, the six m anth minimum lease provisions and be so deed restricted. 0 APPLICATION FOR EXEMPTION FROM SUBDIVISION REGULATIONS Request is hereby made on behalf of Harold W. Sams, Harriett T. Sams, Robert L. Hall and Joan C. Hall (hereinafter referred to as "Applicant"), under Section 20-19(a) of the Aspen, Colorado, Subdivision Regulations, for an exemption from the definition of the term "Subdivision" with respect to the following real property: Lot 2 West Aspen Subdivision, Filing lA County of Pitkin, State of Colorado It is submitted that the requested exemption is appropriate. This application involves subdivision of an existing duplex. A subdivision of one lot with a duplex on it creates conditions whereby strict compliance with subdivi- sion regulations would deprive the Applicant of the reasonable use of his land. If an exemption is granted, the owners of the property will have a common interest in the land and there will be a condominium declaration and maintenance agreement applicable 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 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 which is presently compatible with the zoned density for the property. As set forth in the Affidavits attached hereto, the South unit, which is occupied by Sams, has historically been either occupied by the owner or short termed by the owners. The North unit, which is occupied by The Halls, has historically been long-term unit at rental rates in excess of current guidelines for low, moderate and middle income housing as set forth in Resolution 18 (Series of 1978) of the City Council of the City of Aspen. There are no existing leaseholds applicable to either of the units in the Duplex building and 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 Affidavits of the applicants attached hereto present evidence that approval of this application will not reduce the supply of low and moderate income housing. Applicant agrees upon condominiumization 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). The Applicant would appreciate your consideration of this application at your next regular meeting. Dated: August 8, 1979 SACHS, KLEIN & SEIGLE Attorneys for Harold W. Sams, Harriett T,Sams, Robert L. Hall and Joan C. Hall By s J David sale 601 East N n Street Aspen, Colorado 81611 (303) 925-6813 -2- 0 AFFIDAVIT OF HAROLD W. SAMS STATE OF COLORADO) ) ss. COUNTY OF PITKIN ) The Affiant, being first duly sworn upon his oath, deposes and says: 1. That he, Harriett T. Sams, Robert L. Hall and Joan C. Hall are the owners of certain real property described as Lot 2, West Aspen Subdivision, Filing 1A, County of Pitkin, State of Colorado. A Duplex residence (hereinafter called a "Duplex") was constructed on the property in 1972. 2. The Duplex consists of two units of approximately 1,170 square feet each and each unit has two bedrooms. Below is listed a history of occupancy of the two units. SOUTH UNIT 1973 - Occupied by owners 8 months, occupied by a friend for no rent for 3 months 1974 - Occupied by owners 8 months, housesitter for 3 months 1975 - Occupied by owners 6 months 1976 - Occupied by owners 8 months, vacant for 4 months 1977 - Occupied by owners 7 months, occupied by friend of family 2 months 1978 - Occupied by owners 6 months, rented 4 months at $750.00 per ninth 1979 - Occupied by owners 2 months to present date and rented 4 months at $750.00 per month NORTH UNIT September 1972 - September 1973 -- Rented for $480.00 per ninth September 1973 - September 1974 -- Rented for $530.00 per month October 1974 - October 1976 -- Rented for $625.00 per month October 1976 - October 1978 -- Rented for $675.00 per month October 1978 - May 1979 -- Rented for $675.00 per month May 1979 - present date — Vacant 3. Each of the residential units in the Duplex is large and luxurious 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 either of the residential units in the Duplex 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 Duplex at the time of condominiumization of the Duplex, then Affiant will give such persons the first opportunity to purchase such units at the proposed fair market value if either of such units is sold. / c Harold W. Sams STATE OF COLORADO ) ) ss. County of Pitkin ) Subscribed and sworn to before me this _day of 1979, by Harold W. Sams WITNESS my hand and official seal. My commission expires: // - /,q - 17� W Al rl r 1 Notaryopujolic - 2 - • MEMORANDUM TO: Richard Grice, Planning Department FROM: Daniel A. McArthur, City Engineer ineer RE: Sam HAll Subdivision Exemption, Lot 2, West Aspen Subdivision, Filing 1-A DATE: October 11, 1979 After having reviewed the survey plat for the above subdivision exemption and having made a site inspection, the Engineering Department recommends the following: 1. The owner/applicant shall revise and resubmit the survey plat to include the following: a. Show dimensions and centerline of Cemetary Lane b. Show frontyard easements C. Show sideyard easements d. Show driveway entrances from Cemetary Lane (as per Section 19-101 Driveway and Curb Cut Specification, the owner is allowed either one 18-foot wide double driveway or one 10-foot wide single driveway) e. Under owner's certificate, include the owner's name and the condominium name 2. The owner/applicant shall install a new water meter and remote meter reading register prior to April 1, 1980 as per the Water Department's letter of March 15, 1979. The Engineering Department recommends approval for the above Subdivision Exemption subject to the applicant/owner correcting the above conditions under Item 1 prior to being placed on the next City Council agenda. kals • n MEMORANDUM TO: Richard Grice, Planning Office FROM: Daniel A. McArthur, City Engineer i� AT� RE: Sam HAll Subdivision Exemption, Lot 2, West Aspen Sub- division, Filing lA DATE: October 25, 1979 After having reviewed the survey plat for the above subdivision exemption the Engineering Department recommends approval subject to the owner/applicant installing a new water meter and remote meter reading register prior to April 1, 1980, as per the Water Department's letter of March 15, 1979. MEMORANDUM TO: Richard Grice, Planning Office FROM: Daniel A. McArthur Assistant City Engineer ineer� RE: Sam -Hill Subdivision Exemption, Lot 2 West Aspen Sub- division, Filing lA DATE: 9/25/79 After having reviewed the survey plat for the above subdivision exemption and having made a site inspection, the Engineering Department recommends the following: 1) The onwer/applicant shall revise and resubmit the survey plat to include the following: A) Show all existing structures, fences, improvements, etc. B) Include only Lot 2 in surveyor's certificate. C) Show adjoining lot numbers. D) Show existing driveways and parking spaces. E) Show center line of Cemetary Lane. 2) The owner/applicant shall install a new water meter and re- mote meter reading register prior to April 1, 1980 as per the Water Department's letter on 3/15/79. The Engineering Department recommends that no action be taken on the above subdivision exemption until a new updated survey plat is submitted. 11 • MEMORANDUM TO: Richard Grice, Planning Office FROM: Daniel A. McArthur, City Engineer RE: Sam/HX11 Subdivision Exemption, Lot 2, West Aspen Subdivision, Filing lA DATE: 11/9/79 The Engineering Department recommends the following condition be added to the letter dated 10/25/79. The Engineering Department recommends that the owner/applicant enter into an improvement district to construct curb, gutter and ;sidewalk should one be formed. The onner/applicant agrees to record a statement of exemp- tion from the definition of a subdivision and covenant which in- clude the following language: Applicant for itself and its subsequent assigns as owner of the----) property hereby agrees to waive any rights it may now or hereafter have to protest against the formation, on any special improvement _district as$.aciat,Qd--with._the property. In all other respects, the statement of exemption remains the same. 0 • CITY OF ASPEN 130 south galena street aspen, colorado 81611 MEMORANDUM TO: Richard Grice FROM: Sheryl Simmen RE: Sams -Hall Subdivision Exemption Motion, P&Z DATE: November 1, 1979 Hunt moved to recommend exemption from strict application of subdivision regulations of the Sams -Hall condominiumization conditioned on 1) compliance with item 1 of the Engineering Department memo dated October 11, 1979, prior to City Council consideration, 2) compliance with item 2 of the above mentioned memo, 3) compliance with Aspen Municipal Code Section 20-22, the six month minimum lease provisions and be so deed restric- ted. Otherwise, there are no significant adverse land use impacts or detriments to the public good, Harvey seconded. All in favor, motion approved. �6 • • MEMORANDUM TO: Dave Ellis, City Engineer Ron Stock, City Attorney FROM: Richard Grice, Planning Office RE: Sams -Hill Subdivision Exemption DATE: August 13, 1979 Attached please find application for subdivision exemption filed for Harold and Harriett Sams and Rober and Joan Hall. This item is scheduled to come before the Aspen Planning and Zoning Commission on Tuesday, October 2, 1979. Therefore, may I please have your written comments concerning this application no later than Monday, September 24, 1979. Thank you. SACHS KLEIN & SEIGLE JEFFREY H. SACHS ATTORNEYS AT LAW DENVER OFFICE: HERBERT S. KLEIN 601 EAST MAIN STREET 1660 LINCOLN STREET -SUITE 1518 JON DAVID SEIGLE ASPEN, COLORADO 81611 DENVER, COLORADO 80264 (303) 925-6813 (303) 837-8800 D 7,n August 1, 1979 AUG 10 1979 i ASPEN / PITKIN CO. PLANNING OFFICE Mr. Richard Grice City/County Planning office 130 South Galena Aspen, Colorado 81611 RE: Application for Exemption from Subdivision Regulations - Lot 2, West Aspen Subdivision, Filing 1A, County of Pitkin, State of Colorado Dear Richard: Please find attached three applications for exemption from subdivision regulations for the above referenced lot. Based upon our discussion in your office on July 30, 1979, I believe that the application is complete and would appreciate you promptly scheduling a hearing before the Planning and Zoning Commission for the same. Also enclosed please find our check in the amount of $50.00 to cover the exemption fee. Sincerely yours, SACHS, KLEIN & SEIGLE By J n David igle lmk encs. cc: Mr. Harold Sams • CITY OrVSPEN 130 south galena 'street aspen, coloradei�- 81611 MEMORANDUM DATE: October 4, 1979 TO: Richard Gr' FROM: Ron St ck� RE: Sams -Hill Subdivision Exemption I have no objection to the approval of the above -described subdivision exemption subject to the six month rental restriction of Section 20-22 of the Code. however, the rental history of Unit #1 clearly places this unit within the low, moderate and middle income price range. Resolution 18, Series of 1978, is cited by the applicant, but this Resolution was intended to set price guidelines when an exemption was granted to the Growth Management Plan. Resolution 18 was never intended nor has it been used to define low, moderate and middle income housing under Section 20-22 of the Code. I recommend denial unless the applicant submit an acceptable proposal to mitigate the adverse effects of this condominiumization upon the low, moderate and middle income housing pool. RWS:mc CJ • CITY OF PEN 130 south galen treet aspen, colorado 81611 MEMORANDUM DATE: October 4, 1979 TO: Richard Gr' FROM: Ron tock RE: Sams -Hill Subdivision Exemption I have no objection to the approval of the above -described subdivision exemption subject to the six month rental restriction of Section 20-22 of the Code. However, the rental history of the north unit clearly places this unit within the low, moderate and middle income price range. Resolution 18, Series of 1978, is cited by the applicant, but this Resolution was intended to set price guidelines when an exemption was granted to the Growth Management Plan. Resolution 18 was never intended nor has it been used to define low, moderate and middle income housing under Section 20-22 of the Code. I recommend denial unless the applicant submit an acceptable proposal to mitigate the adverse effects of this condominiumization upon the low, moderate and middle income housing pool. RWS:mc MEMORANDUM TO: Dan McArthur, City Engineer FROM: Richard Grice, Planning Office RE: Sams -Hill Subdivision Exemption DATE: October 24, 1979 Attached please find corrected plat for the Sams -Hill Subdivision Exemption. This item is scheduled to come before the Aspen City Council on Monday, November 12, 1979. Would you please let me know by Monday, October 29, 1979, if this plat corrects all the concerns you stated in your memo of October 11, 1979. Thank you. 0 0 ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 LAND USE APPLICATION FEES County 00100 — 63711 09009 — 00000 Subdivision/PUD 63712 Special Review 63713 P&Z Review Only 63714 Detailed Review 63715 Final Plat 63716 Special Approval 63717 Specially Assigned City 00100 — 63721 09009 — 00000 Conceptual Application 63722 Preliminary Application 63723 Final Application 63724 Exemption 63725 Rezoning 63726 Conditional Use PLANNING OFFICE SALES 00100 — 63061 09009 — 00000 County Land Use Sales 63062 GMP Sales 63063 Almanac Sales Copy Fees Other Name Address Check No Project: Phone: Date: Receipt No. P i- -r-•' ,�'"-�y �j�� - • 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 09009 — 00000 63722 63723 63724 63725 63726 PLANNING OFFICE SALES 00100 — 63061 09009-00000 63062 63063 Name Address Check No Subdivision/PUD Special Review P&Z Review Only Detailed Review Final Plat Special Approval Specially Assigned Conceptual Application Preliminary Application Final Application Exemption Rezoning Conditional Use County Land Use Sales GMP Sales Almanac Sales Copy Fees Other Project: Phone: Date: Receipt No. P //I % f) /, ./ 0 • ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 LAND USE APPLICATION FEES County 00100 — 63711 09009 — 00000 Subdivision/PUD 63712 Special Review 63713 P&Z Review Only 63714 Detailed Review 63715 Final Plat 63716 Special Approval 63717 Specially Assigned City 00100 — 63721 09009 — 00000 Conceptual Application 63722 Preliminary Application 63723 Final Application 63724 Exemption 63725 Rezoning 63726 Conditional Use PLANNING OFFICE SALES 00100 — 63061 09009 — 00000 County Land Use Sales 63062 GMP Sales 63063 Almanac Sales Copy Fees Other Name: Project: Address: Phone: Check No. Date: Receipt No. P CITY OF ASPEN qw MEMO FROM RICHARD GRICE 10 ii 17 S-a 99-Zl OUT Zl: 7L O 10 20 BEAQINC>5 AQE ON FOUND MONUMENTS SURVEYOR'S CERT I>= ICATE. Tl- 15 15 TO CEPTI FV TUAT ON APQI L 25, I ° MADE UNDER MY SUPEQVtSiON OP LOTS 2 AN ASPEN SL[�DIVISION, CITY OF ASPQIl, PITVIN Q? L T�-IE LOUkTION AND DIMC- 51C)N5 OF ALL BLALDirr-j EASEMFJ\iTS, AND Q1C-NT", OF WAY IN EVIIDENGE CQ EWQOt04MENT) BY OQ ON TN15 PREMI5E5 ARE A TU 15 PLAT. "J4ME5 � RGSE N