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HomeMy WebLinkAboutcoa.lu.ex.745 Cemetery Ln.1979 ---+"-_."--.~-_._"'- MEMORANDUM TO: Aspen Planning and Zoning Commission Aspen City Council FROM: Richard Grice, Planning Office RE: Sams-H~ll Subdivision Exemption DATE: October 12, 1979 Zoning: R-15 Location: 745 Cemetery Lane (Lot 2, West Aspen Subdivision) Lot Size: Renta 1 History: Engineering Comments: Attorney's Comments: :1\oJ;l>>Jl~ :W~>> ~ See attached history. affidavit of Harold W. Sams which provides renta 1 I ! I' <:;:>-,. ~..H;.' :" ) See attached memorandum dated October 11, 1979. ~tl" ~\ 1 ,^,i,., ,; " "I have no objection to the approval of the above described subdivision pypmptinn ~lIhjprt tn thp ~iY mnnth i"pnt"' rp~tri~tinn of Sf'rtion 20-22 of the Code. However. the rental history of Unit 1 clearly places this unit within the low. moderate and middle income price ranqe. Resolution 18. Serie. 1978 is cited bv the applicant, but this Resolution was intended to set price guidelines when an exemption was ~ranted to the Growth Management Plan. Resolution No. 18 was never intended nor has it been used to define low. moderate and middle income housinq under Section 20-22 of the Code. I recommend denial unless the applicant submits an acceptable J[[QQosal to mitiqate the adverse effects of this condominiumization upon the low. moderate and middle income housing pool." Planning Office Recommendation: The. recommendation is for denial. P and Z Recommendation: Approval with followinq conditions: (1) compliance with Ttf'~ 1 of the Enqineerinq Department memo dated O~tobf'r 11 r llllll, prior to City Council consideration. (2) compliance with 1tf'm ? of the above mentioned meno. (3) compliance with Aspen Municip"l Codf' Section 20-22, the six mmth minimum lease provisions and be so deed restri cted. __'."'._._'_'" ...M"~~ _",_L.J~,__. 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 -1--;.-.---- 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~, 1979 SACHS, KLEIN & SEIGLE Attorneys for Harold W. Sams, Harriett T. Sams, Robert L. Hall and Joan C. Hall By J J.gle 601 East M n Street Aspen, Colorado 81611 (303) 925-6813 -2- .."._.____'-~._-_._,~"".._...I--~._.-_.- AFFIDAVIT OF HAROLD W. SM1S 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 lA, 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 nDnths, =cupied by a friend for no rent for 3 nDnths 1974 - Occupied by owners 8 nDnths, rousesitter for 3 nDnths 1975 - Occupied by owners 6 nDnths 1976 - Occupied by owners 8 nDnths, vacant for 4 nDnths 1977 - Occupied by owners 7 nDnths, =cupied by friend of family 2 nDnths 1978 - Occupied by owners 6 nDnths, rented 4 nDnths at $750.00 per nDnth 1979 - Occupied by owners 2 nDnths to present date and rented 4 nDnths at $750.00 per nDnth NORTH UNIT Septenber 1972 - SeptentJer 1973 SeptentJer 1973 - SeptenDer 1974 Rented for $480.00 per nDnth Rented for $530.00 per nDnth October 1974 - October 1976 -- Rented for $625.00 per nDnth October 1976 - October 1978 -- Rented for $675.00 per nDnth October 1978 - M3.y 1979 -- Rented for $675.00 per IrOnth M3.y 1979 - present date - Vacant 'I ( \ \ I, __~,,,-."._J...~ . 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. ~ Qc.;Q Harold W. Sams - STATE OF COLORADO ss. County of pitkin c~ribed WITNESS my and sworn to before me this 811 day of , 1979, by Harold W. Sams - hand and official seal. My commission expires: /1-/4- 7'1 ~2Jr2~ Q,tt ~ No ary, Pu lJ.c . ~ - 2 - , / MR~ORANDUM TO: Richard Grice, Planning Department ~ Daniel A. McArthur, City Engineer~~I' \ Sam H~l Subdivision Exemption, Lot 2, West Aspen Subdivision, Filing l-A FROM: RE: 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 front yard 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 .~ / . MEMORANDUM TO: Richard Grice, Planning Office . ~ Engineer~ FROM: Daniel A. McArthur, City RE: Sam ~l 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 Engineer~~ FROM: Daniel A. McArthur, Assistant City 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. 1- MEMORANDUM TO: Richard Grice, Planning Office FROM: Daniel A. McArthur, City Englneer RE: Sam/~ll 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 om,er/applicant agrees to r.gcord a statement of exemp- tion from the definition of a subdivisieon- arid cOVenant'which in- clude the following language: """ .'-".'-<,."~ \ '. . _._--_-.__._-~ Applicant for itself and its subsequent assigns as owner of the property hereby agrees to waive any ri.ghts it may now or hereafter have to protest against the formation o)1__~_~ecia 1 imprpye.l!!.sWJ;.__/ . distri~t assoC"';at'Wd. ",ith th~ro~.Lt:l~j In all other respects, the statement of exemption remains the same. CIT 130 s MEMORANDUH 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. '- " ~ ("\ '." \ '.'\- \\'- f\\ ..;; \. \ ,~ \, i7.:.., " ",' ", .";- el) '-..j , .C\ '2J\J' " ") '\ ,(\ ~"~' (7' ~ n '.., .. .1 ~ " ., r\'" , . I i ;<..'" \;' <. \ , .< r~EMORANDUM 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 HERBERT S. KLEIN JON DAVID SEIGLE ATTORNEYS AT LAW 601 EAST MAIN STREET ASPEN, COLORADO e 1611 (303) 925.6813 DENVER OFFICE: 1660 LINCOLN STREET-SUITE 1518 DENVER, COLORADO 80284 (303) 837-B800 August 1, 1979 ASPEN I 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 lA, 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" lmk encs. cc: Mr. Harold Sams ".__.I_~'_H_"_"~_"'" PEN 130 s MEMORANDUM DATE: October 4, 1979 FROM: Richard G~_ Ron St~~~ Sams-Hill Subdivision Exemption TO: RE: 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 "..._.....l-l.__ PEN 130 s MEMORANDUM DATE: October 4, 1979 TO: Richard~ FROM: Ron ~ RE: Sarns-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 condominiurnization 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.