HomeMy WebLinkAboutcoa.lu.ex.430 W Hopkins Ave.1978\on o 5collt, 436 :iopkins, Lot 1,
"Scott Building Subdivision
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CITY OF ASPEN
FINANCE DEPARTMENT
CASHIER'S RECEIPT
LICENSES & PERMITS
❑ BUSINESS LICENSE
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27009-00000
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27009-00000
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27009-00000
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00100-61010
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00100-61039
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00100-61211
30380-00000
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25009-00000
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❑ GENERAL ACCT. NO.
DESCRIPTION: (NAME, NUMBER, ETC.)
RECEIVED FROM t
DATE:
-7 ,l
RECEIPT NO.
hla 16433 $
CITY OF ASPEN *
MEMO FROM KAREN SMITH
2A)
i
M E M O R A N D U M
TO: Aspen City Council
FROM Richard Grice, Planning Office
RE: 430 West Hopkins Subdivision Exemption
DATE: September 7, 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 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•
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0 1*30 w. Nopkip-1
APPLICATION FOR EXEMPTION
FROM SUBDIVISION REGUTATIONS
Request is hereby made on behalf of The Scott Community Property
Trust by Russell Scott, Jr., Mary Hugh Arnold Scott, and J. Mark Longfield,
Trustees, (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 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
It is submitted that an exemption in the case would be appropriate.
The application involves subdivision of an existing duplex. A
subdivision of one lot with a duplex on it creates conditions whereby strict
compliance with subdivision 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 ccemn interest in the land and there will be a condo-
minium 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 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 compatible with the zoned
density for the property.
Applicant agrees, upon its condcminiumization 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).
There is one existing leasehold on said property. Tenant under
same is not a law or moderate income individual as defined by current Aspen
Housing Authority guidelines.
0- 0
The Applicant would appreciate your consideration of this application
at your Next regular meeting.
Dated this o2l1 day of June, 1978.
Very truly yours,
SACHS, MEIN & SEIGLE, attorneys
for The Scott Community Property Trust
By
Herbert S. Klein
-2-
0 0
M E M O R A N D U M
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
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
506 E. MAIN STREET ASPEN, COLORADO 81611
M E M O R A N D U M
TO: Aspen Planning & Zoning Commission
FROM: Mark A. Danielsen, Housing Director
DATE: September 5, 1978
RE: A) Goldsmith Subdivision Exemption
B) A & L Development Subdivision Exemption
C) 430 W. Hopkins Subdivision Exemption
A) Goldsmith Subdivision Exemption: 'f►
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. However,
tze six month minimum lease should be made covenant to
tzis approval.
B) A & L Development: c►�,r, ,:; in,,%, ► ►�{�_.,n
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:
One side of the duplex is vacant, the other side is
occupied on a $1000/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 that units have a six month
m:irimum lease restriction.
it
M E M O R A N D U M
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
SACHS KLEIN & SEIGLE
JEFFREY H. SACHS ATTORNEYS AT LAW
HERBERT S. KLEIN 601 EAST MAIN STREET
JON DAVID SEIGLE ASPEN, COLORADO 81611
(303) 925-6813
December 18, 1978
Mrs. Kathy Koch
Clerk of City of Aspen
Aspen City Hall
Aspen, Colorado 81611
Dear Kathy:
DENVER OFFICE:
1660 LINCOLN STREET -SUITE 1518
DENVER, COLORADO 80264
( 303 ) 861-2493
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,
SACHS, KLEI GLE
C/
v Sachs
JHS jas
enc.
Reception No. •
Y •a - n i f"l�i
Recorded at 3:11.PM Dec 12, 1978
Loretta Banner Recorder Q00K 359 ,,,.565
5
STATEMENT OF EXEMPTION
FROM THE DEFINITION 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:/-
StacyjStandley, III, M or
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.
KATHRYN W. KOCH, CITY CLERK
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L 566
STATE OF COLORADO )
) ss
County of Pitkin )
The foregoing was acknowledged before me this lL day
of p y��%j� , 1978, by STACY STANDLEY , III and
KATHRYN S. KOCH, personally known to me to be the Mayor and
City Clerk, respectively, of the City of Aspen.
Witness my hand and official seal.
L 51, Ply commission expires:
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LEGEND i NOTES
PROP. GDR- DSCRtBEt� a,s NOT-C�D
CAL LS IN ( ) RE.GORD
6UPVE:y ORIE�NTED WITH OUNO MONUMENTS
OWNER'S CERTIFICATE
AS oVVNER OF
COLORADO HERESY CkFtT\F'( THAT TH\5 P\-AT OF THE
HAS SEEN PREPAREp PURSVANTTO 'r\Ag. PURPOSES STATED IN THE CONDOMINIUM DEc-t. ARAT\ON FoR
SAID CONDOMINIUMS DATED TH\S___DAX 0i= AND RECORDED IN
BOOK. AT PAGE OF 'T"S RECORDS OF 'T"IE Gl.,£RN AND REcoRp£R of THE. CoUT1T�(
OF al-rKIN STATE OF CM-01RAQO.
STATE OF C.OL.O'RADO I
COUNTY OF P)T1C1N j S.S.
THE FOR£G01NG OWNSr.RS CERT\FICATE WAS ACKNOWI-E.DGSD SSFORE. ME TN\S DAY
OF a`C AS OWNER
WITNESS MY tiJAND AND OFFICIAL SXAL
MY COMMISSION EY.PIRES
SURVEYOR'S
NOTARY PU6L1 C.
CERTIFICATE
I GERARO H, PESMAN, A COLORADO REGISTERED PROFESSIONAL. ENGINE.6R AND \-AND SURVEYOR
NER-AD`( CERTIFY AS FOLLOVVS. 1% 3UNQ EOE, A SURVE`( WAS MAOF- UNDER MY OMSC.T►ON AND
SUPTcR\11S10N rr,-r � CC)TT Rl l l ID I NC-- ST ATE OF GO\-o R AD 0,
AND FOUND THEREON A ExVaTtNG CHIP X LOCATOO ENTIRYcL`( WITHIN THE SOUK DARY
LINES OF SAID DE.Ir,CRIB6D PROPERTY AS SHOWN ON T1-\1S P1_AT, RASED ON THC F\V-%-o EVIDENGG SIAOWN
AS FoUND THE LOCATION AND DIMENSIONS OF THE SOUNDARY LINES, SU\LDING AND 21-nPROVEMENTS, 1N
EVIDENCE OR KNOW N TO ME ARC, RC OUR ATE.>•.Y SHOW N ON Tk+\S MAP AND T\1ie MAD ACc, UaA-r 4go
506 STANT IA LL`l DEP\CT S THE. \..00AT\ON AND THE H0FLI7-ONT A\., AND VL%TI GAL MEASUREMENTS O F THE
3u%L,D\NG, TNE. CONDOMINIUM UNITS TIIERE.IN, THE UNIT DESIGNATIONS TEIERE01=,"CNE DIMENS\ON S OF
SAID UNITS, AND THE ELEVATIONS OF T\aE FIN\SME.D FLOOR AND CEILINGS.
GF-?%ARO N. P£SMAN
COLO. RE,G. PROF. ENGR. AND LAND SURV£`(OR 237G
STATE OF COL.O RAIDO )
COUNTY OF arry'INI S.S.
TM6 FORS.GOING SURVE-tOR'S C1cRTIF \ CATE WAS AC.KNOW t,E 0 GSD BC -FORS ME TN1S DAY 4 F
13Y G%RARO H. PESN\AK.
W 1T N r-SS MY 11ANO AND OFF\DIAL SC AL
MY COMMIS$\ON EXPIRES
NOTARY PupL\C
CLERK4RECORDER'S ACCEPTANCE
ACCEPTED FOR FILING IN THE OFF1CIE OF CLERK AND FktCaRDER OF T\AE, COUNT`( OF P\T4CiN
STAT-E OF COLORADO AT-O'CLOCK-M.) THIS DAY OF 19l
IN PLAT BOOK AT PAGE REcti=.P'Tloty Na.
CLERK AND RECORDER
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