The URL can be used to link to this page

Home My WebLink Aboutcoa.lu.ex.430 W Hopkins Ave.1978 I~...............-~,--. M E M 0 RAN 0 U M TO: Aspen City Council FROM Richard Grice, Planning Office RE: 430 West Hopkins Subdivision Exemption OATE: September 7, 1978 The attached appl ication requests subdivision exemption for the purpose of condominiumization of an existing duplex located on the corner of West Hopkins Avenue and South Fourth Street, Lot 1, the Scott Building Subdivision. This application is made by Herb Klein on behalf of the owners of property Robert Scott, Jr., Mary Hugh Arnold Scott, and J. Mark Longfield. This property is zoned R-6 and contains 9,000 sq. feet. Dave Ellis, City Engineer, has reviewed this application and recommends appro- val of the subdivision exemption request without condition. Marc Danielson comments that there is only one tenant currently on the property. This person is not a low or moderate income individual and currently pays $1000/month rent. Marc recommends approval subject to the six-month minimum lease restrictions of Ordinance #53. At their regular meeting on September 5, 1978, the Planning and Zoning Comm- ission recommended approval of this exemption request subject to the six- month minimum lease retriction. The Planning Office recommends approval of the subdivision exemption request subject to forth coming comments from the Housing Director and subject to the six month minimum lease restrictions of Ordinance #53. rh ".,_.,'o".^.__~....___._______~lw_'_,j..~_'~,",_",_,_~.,"_",~_ . ~....' ~30 W.l4opk1Jol') ( APPLICATION FOR EXEMPTION FRCM SUBDIVISION REGOIATIOOS Request is hereby made on behalf of The Scott ccmnunity Property Trust by Russell Scott, Jr., Mary Hugh Arnold Soott, and J. Mark Longfield, Trustees, (hereinafter refe=ed to as "Applicant"), under Section 20-19 (a) of the Aspen, Colorado, Subdivision Regulations, for an exemption fran the definition of the term "Subdivision" with respect to the following real property: Lot 1, The Soott Building Subdivision; a=rding to the plat thereof reoorded in Plat Book 6 at Pages 13 and 14 of the real property records of Pitkin County, Colorado It is sul:mitted that an exanption in the case lI.Duld be appropriate. The application involves subdivision of an existing duplex. A subdivision of one lot with a duplex on it creates oonditions whereby strict oorrq:>liance with subdivision regulations II.DUld deprive the Applicant of the reasonable use of his land. If an exemption is granted, the CMners of the property will have a ccmron interest in the land and there will be a condo- rninium declaration and maintenance agreement applicable to the property which will not in any way increase the land use irrq:>act of the property. An exerption 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 developnent of the City of Aspen, to insure the proper distribution of population, to coordinate the need for public services, and to enoourage well-planned sub- division. 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 oorrpatible with the zoned density for the property. Applicant agrees, upon its oondaniniumization approval, to restrict the rental of said duplex units to periods of not less than six (6) successive !TOnths (or in the alternate to not !TOre than twice for short-term periods within any calendar year). There is one existing leasehold on said property. Tenant under same is not a lCM or moderate irx:orre individual as defined by current Aspen Housing Authority guidelines. __"~_~_V"",;,"_,_,_~~_~'."_~_i-_.~I.~~_~...._-----<-_.._,.__....._..~~..,_"._~_ The Applicant would appreciate your consideration of this application at your next regular meeting. Very truly yours, SACHS, KLEIN & SEIGLE, attorneys for The Soott Camnmi ty Property Trust ~j/~ 17~ By/". ~d;f . Herbert S. Klein tJ Dated this ;2;; - day of June, 1978. -2- ~-~-_..._..._.. M E M 0 RAN DUM TO: Aspen Planning and Zoning Commission FROM: Richard Grice, Planning Office RE: 430 West Hopkins Subdivision Exemption DATE: August 9, 1978 The attached application requests subdivision exemption for the purpose of condominiumization of an existing duplex located on the corner of West Hopkins Avenue and South Fourth Street, Lot 1, the Scott Building Subdivision. This application is made by Herb Klein on behalf of the owners of property Robert Scott, Jr., Mary Hugh Arnold Scott, and J. Mark Longfield. This property is zoned R-6.and contains 9,000 sq. feet. Dave Ellis, City Engineer, has reviewed this application and recommends approval of the subdivision exemption request without condition. This application was also referred to the Housing Director, but, as of the time of this writing we have not received comment. The application states that at the present time there is only one tenant on the property. Further- more, the tenant is not a low or moderate income individual as currently defined by the Aspen Housing Authority Guidelines. If Mark Danielsen is able to verify this present lease-hold situation on said property, I am sure he would recommend approval of the subdivision exemption request. The Planning Office recommends approval of the subdivsion exemption request subject to forth coming comments from the Housing Director and subject to the six month minimum lease restrictions of Ordinance #53. sr ~ , .' MEMO TO: RICHARD GRICE PLANNING FROM: ~-" DAVE ELLIS \ \' } ~l ENGINEERING \~ ,----- DATE: August 3, 1978 RE: Subdivision Exemptions for - 1) A & L Development 2) Goldsmith 3) 430 W. Hopkins The engineering department has reviewed the above projects and recommends exemption for all three without conditions. jk . . ( . , '; t j.. J /,. 606 E. MAIN STREET ASPEN, COLORADO 81611 . P I T K I N j)' 0,,/ , 0 l" D . ,< \: , (I MEMORANDUM ----.------ c o U N T Y TO: Aspen Planning & Zoning Commission FROM: Mark A. Danielsen, Housing Director DATE : September 5, 1978 IlE: A) Goldsmith Subdivision Exemption B) A & L Developnent Subdivision Exemption C) 430 W. Hopkins Subdivision Exemption ,,,\ . J ,.. A) Goldsmith Subdivision Exemption: ')~3r\'\.3" i)~" ". This application presents no problem in complying with Ordinance 53. The owners will continue to reside there, and intend to sell the other unit to their son who is an employee of a local. electronics store. Howe~~r, the six month minimum lease should be niade covenant to this approval. .,', ., B) A & L Development: ::' , It is seen that Ordinance 53 does not apply to new units that have not been occupied before, nor to those that have been previously been rented to tourists. Recommendation is for approval based on six month minimum lease restriction. C) 430 W. Hopkins Subdivision Exemption: w 'l:oi . One side of the duplex is vacant, the other side is occupied on a $lOOO/month lease basis by Mike Rohan, a computer technician who works independently for Dr. Scott. Mike also owns a condominium in the area. Recommendation is for approval subject to 90 days notification and right of first refusal option, and thab units have a six month minimum lease restriction. :.)Q C.~ ;:J1 ,;,.11' 'C --\. (0)4' Co (n'~rt::0, (r- .(./'("..VI":(,.1 ,', .. . , M E M 0 RAN DUM TO: Dave Ellis Mark Danielsen FROM: Richard Grice RE: 430 W. Hopkins Subdivision Exemption DATE: July 14, 1978 This item is tentatively scheduled for the August 15 City P&Z meeting. Your written comments should be returned to me by August 4. sr ,~__.. ",J,,_k. _~..~'.._m_ SACHS KLEIN & SEIGLE //1- t?~ s;}!-(.-:cy JEFFREY H. SACHS HERBERT 5. KLEIN JON DAVID SEIGLE ATTORNEYS AT LAW 601 EAST MAIN STREET ASPEN, COLORADO 81611 (303) 925.6813 DENVER OFFICE: 1660 LINCOLN STREET-SUITE 1518 DENVER, COLORADO 80264 (303) 861-2493 December 18, 1978 Mrs. Kathy Koch Clerk of City of Aspen Aspen City Hall Aspen, Colorado 81611 Dear Kathy: I am returning to you the original, executed copy of the statement of exemption pertaining to the Scott duplex building. This document has been recorded in the Pitkin County real property records and the recording information is noted thereon. Very truly yours, JHS:jas enc. ,",'_~"__~___<_"--'-'-'___'~~_' ~'M <__-.1__-. Recorded at 3:11PM Dec 12, 1978 Loretta Banner Recorder Reception No. ZO~}872 SOOK 359 FAi1565 STATEMENT OF EXEMPTION FROH THE DEFINI'I'ION OF SUBDIVISION WHEREAS, The Scott Community Property Trust is the owner of a parcel of land located in pitkin County, Colorado, more particularly described as: Lot 1, The Scott Building Subdivision; according to the plat thereof recorded in Plat Book 6 at Pages 13 and 14 of the real property records of Pitkin County, Colorado WHEREAS, the applicant has an existing duplex located on said property, and WHEREAS, applicant has requested an exemption from the definition of subdivision for the purpose of subdividing the existing duplex through condominiumization, and WHEREAS, The Aspen Planning and Zoning Commission, at its meeting held September 5, 1978, determined that an exemption from the definition of subdivision is appropriate and recommended that the same be granted, and WHEREAS, the City Council determined that the subdivi- sion of the existing duplex through condominiumization is not within the intent and purpose of the subdivision ordinance set forth in Chapter 20 of the Aspen Municipal Code, THEREFORE, the City Council of Aspen, Colorado does hereby determine that the proposed subdivision of the duplex located on said property by its condominiumization is not within the intents and purpose of the subdivision ordinance and does, for such reason grant an exemption from the definition of such action, PROVIDED, HOWEVER, that the foregoing exemption is conditioned upon: 1) the restriction of rental of said condominium units to periods of not less than six (6) successive months (or in the alternative to not more than twice for short-term periods within any calendar year; and 2) any persons living in the condominium units at the time of condominiumization will be given the first opportunity to purchase the units at the proposed fair market value if any of the units are sold. .~-- . DATED: Aie...~ I,;) /913 ) ,.-- /.-~~ .~( III, "--. ( (( c: I, KATHRYN S KOCH, do hereby certify that the fore- going Statement of Exemption from the Definition of Subdivision was considered and approved by the Aspen City Council at its regular meeting held Monday, September 11, 1978, at which time the Mayor, STACY STANDLEY, III, was authorized to execute the same on behalf of the City of Aspen. '1\. .....l. '..,' .'" ~; r " "'". ... <, ',' ~La~ 4" ;1t'-A .) KATHRYN . KOCH, CITY CLERK 'V .r'~ ""\\~,..- , ~'~.~ ::,,-'; ~T~ y " . "'~,4 ~ ~' ...!\~.(- I. c.\..\ 'f, . (} 1~ 1\ ~ '""",!"-' ~,__._--t...I_..."_,,._~_~O~"" ,. ~JOK 359 fi,et 566 STATE OF COLORADO ss County of Pitkin /1. Th7. foregoing was acknowledged before me this J~ day of ~~~,~~ ' 1978, by STACY STANDLEY, III and KATHRYN S. KOCH, personally known to me to be the Mayor and Ct~y Clerk, respectively, of the City of Aspen. Witness my hand and official seal. '~~' commission expires: I? OcZ;; ~uI8,;). '/'''''lS;'''. ,.,' \ ,':, \~ > i. .:..',} ~ ~.:" (~....~,.,... '. .~(:~.. /. \\UTI\!r);.-' =: .(',. .~- .~>- ~, IJ11 ,-, I \' ~ . u..... \) , ..-~ ?" <) :;:- "i ... ~\. .,1 ~)F co\..-c ",' "..,.1,,1' --,' ~~{f ubu ~11'A~ Nota Public - 2 -