Loading...
HomeMy WebLinkAboutcoa.lu.ex.Lot17-W.Aspen-Subd.1979 . ,,_~,_,,_,__,^~,~_,_'_"__'_""_ .J..J Recorded at 10:16 A.M. Dec~, 1979 LorettaBanner Recorder R~)'Ption No: 220060 STATEMENT OF EXEMPTION FROM DEFINITION OF SUBDIVISION .-- 38U PAGt214 - WHEREAS, Thomas H. Somers and Carole M. Somers are the owners of a parcel of land located in the City of Aspen, pitkin County, Colorado, more particulary described as: Lot 17, West Aspen Subdivision Filing 1 County of Pitkin, State of Colorado and 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 purposes of subdivid- ing the existing duplex to condominiumization, and WHEREAS, the Aspen Planning and Zoning Commission at its meeting held on October 16, 1979, determined that an Exemption from the Definition from Subdivision is appropriate and recommended that the same be granted, and WHEREAS, the City Council determined that the subdivision of the duplex through condominiumization is not within the intent and purpose of the Subdivision Ordinance as 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 intent and purpose of the Subdivision Ordin- ance and does, for such reason grant an exemption from the definition of subdivision; provided however, that the fore- going exemption is conditioned upon the following: 1. Restriction of rental of said condominium units to periods of not less than six successive months with no more than two shorter tenancies per year. 2. Agreement by owners to waive any rights they may now have or hereafter have to protest against formation .....-~~{....j~.,"~.--, ~-'-' . iI'H", ""II ::':~380 i'AGE216 STATE OF COLORADO ) ) ss. County of pitkin ) The foregoing Statement from the Definition of Subdivision was acknowledged before me this 3o:ZZ day of A!~~~ , 1979, by Kathryn S. Koch, City Clerk. /)U:<; 1\(. ~ l~ Witness my hand and official seal. My commission expires: ~~1~~~ //~~ ('/v4- ~~~ Notary Public ; " " .' '-' ~, . " \.)' 0.,. . . ,'. In,)""'..... -..' I '-'-"~~~>'~"" . ;>~~.." ---, ( (J_:: r!\\. :,.\"' "" ,~. I- "",,, '" - 3 - , I - /.... "'....-- . '. .MEMORANDUM ~: Aichard Grice, Planning OffiC~ Dan McArthur, City Engineer r~ 37lOM: ~E: November 23, 1979 :JlE : Somers Subdivision Exemption, Lot 17, West Aspen Sub- -:division, Filing ill ~ter having reviewed this condominium map for the above subdivi- ~on exemption a.nd having made a site inspection, Engineering De- ~tment recommends the following: . . ~)~e owner/applicant shall extend th,= existing parking ~paces as required toward the existing two story frame ~use so as to provide off-street parking within lot 17 ~ not in the public right-of-way. . :2) ~he owner/applicant shall ,cat as per section 19-101 City of Aspen, Colorado. provide only one ariveway of the municipal code of the CUI\C; (QU TTEYL t. ~:3) ~he owner/applica~t shall agree to enter into .~Asidewalk improvement i 1n the event onelS formed and so deed restricl) il ~he.Engineering Department recommends approval for the above subdivision subJect to the owner/applicant correcting the above three conditions. . ApPiWF(.J f?y Clry Leul\J'.:,ll- district exemption TO: FROM: RE: DATE: MEMORANDUM Aspen Planning and Zoning Commission Aspen City Council Richard Grice, Planning Office Somers Subdivision Exemption October 12, 1979 Zoning: Locati on: Lot Size: Renta 1 History: Engineering Comments: Attorney's Comments: Housing Director's Comments: R-15 880 Bonita Drive (Lot 17. West Aspen Subdivision) 16,830 square feet The attached affidavit indi.cates that neither the residential units have been leased or occupied bv anvone other th~n thp nwner and members of his family. Presentlv. the hOllse is only ~ single family residence with the second unit under construction. Completion date for the construction of the second unit is projected to be Nov. 1979. The Engineering comments are attached in the memorandum to the Planning Office dated September 24.1979. "I recommend approval of the above described subdivision exemption subject to a six month rental restriction of Section 20-22 of the Code." Planning Office Recommendation: The recommendation is for approval subject to the six month rental restriction of Section 20-22 of the Aspen Municipal Code and subject to the two conditions noted iil the Engineering Department's memo of September 24, 1979. P and Z Recommendation:Approval conditioned en (1) compliance with item one of the . ~~qa~~1~~oR:R~f~~nr.~fymr.~8n~\1:.e~;1m~~fup~t~n~~7git~~mt9 of above referenced memo, (3) compliance.with Aspen Municipal Code Section 20-22, the six month minimum lease rovision'andthe roperty e so ee restrlcte. therwise there are no significant adverse (' . land use impacts or detriments to the public good. GIn; CoLAIJG'L. t>.Wfl.oJ'-O ~OJVlER.7 ~B()IIII,'DN htMpiiOl\l w'1)t 'T}If FOu.o..urJ~ U,tJOIT"lIlN "/Zh/1'f ,) .-rHo" '" -1 Ok: t.\-)-n+E OJJtJtR.../;..ffuCfrNT .5rlAl,~ A<;.1l.(:(. To ftJ~ I rJlO ^ LUtze, '2.) ,ft"'A Iil' ~ O~ GlJ1Te'tC. (SIOfwAlX. I Iv\Ptl.a1ltM. f~ DI"7ft?KT 1,J1lft. E4ttJf 3) 1"Tt"M So 3 o~ O>JE '''' F'CJw<.M€O ,4 NO 50 DElO {(E~fRIGT ANO af~ ~~N~ ^off l1a- f417l./C-- ~~lii of l.>J1!'1 WI! toJ ONt IS I I .~-~--".- 1'. / o~rq~ ~~W?Yil~ ~ firP]> 11" AUG 08 1979 ASPEN I PITKIN CO. PLANNING OFFICE APPLICATION FOR EXEMPTION FROM SUBDIVISION REGULATIONS Request is hereby made on behalf of Thomas H. Somers (hereinafter referred to as "Applicant"), under Section 20-l9(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 17 West Aspen Subdivision, Filing No.1 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. This application involves the renovation of a single family residence into a duplex. The renovation will be completed in November of 1979. The -~......" ,~ " ~. .", . single family residence has historically been owner occupied. There are no existing leasehold 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 Affidavit of Applicant attached hereto presents 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 b , 1979. SACHS, KLEIN & SEIGLE Attorneys for Thomas Somers By DavJ.d SeJ.gle East Main Street ~ en, Colorado 81611 (303) 925-6813 ~ - 2 - ,..<.._,--~"_..j..~,..,,,.~<.~-.,,->.__.,,. ~ /,.,., . ..... r' . AFFIDAVIT OF THOMAS SOMERS STATE OF COLORADO ) ) ss. ) County of pitkin The Affiant, being first duly sworn upon his oath, deposes and says: 1. That he is the co-owner of certain real property described as Lot 17, West Aspen Subdivision, Filing No.1, County of Pitkin, State of Colorado. A duplex residence (hereinafter called the "Duplex") has been constructed on said property by Affiant. 2. The property has historically been improved with a single family residence. In May of 1969, construction was commenced to convert the single family residence into a Duplex. Completion date for the construction is scheduled for November, 1979. The single family residence has histor- ically been owner-occupied. Neither of the residential units in the Duplex have been leased to or occupied by any person other than the owner and members of his family. The residen- tial units in the Duplex have no rental history and no tenants have been displaced therefrom. 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 .noh unit, t, .old. ~ .. I~ Thomas Somers ~ Subscribed and sworn to before me this vCvS'r , 1979, by Thomas Somers. y -2 6 day of WITNESS my hand and official seal. My commission expires: /,//1/h " " // / /A.. / / /" ..-.' ..' ,/ / /. . / /,~..~ /r-~~ Notary Public 'I .1"'..... ......-. ,MEMORANDUM TO: FROM: RE: DATE: Dan McArthur, City Engineer Richard Grice, Planning Office- Somers Subdivision Exemption October 30, 1979 Attached please find corrected plat for the Somers Subdivision Exemption. This item is scheduled to come before the Aspen City Council on Monday, November 26. 1979. Therefore, would you let me know if this plat is satisfactory no later than Monday, November 19, 1979. Thank you. JJ (,." ", MEMORANDUM TO: Richard Grice, Planning Office Engineeo/ FROM: Daniel A. McArthur, Assistant City RE: Somers Subdivision Exemption, Lot 17, West Aspen Subdivision, Filing No. 1 DATE: September 24, 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) Statement explaining how bearings, if used, were determined b) Include legal description in surveyor's certificate c) Show adjoining Lot #16 d) Show all existing fences and type of construction e) Show all existing patios f) Show existing driveways and parking spaces g) Show existing irrigation ditch and name located in backyard. 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 owner/applicant correcting the above conditions. APPW~o B~ C IfIj GuNGI L- kals I~""""""" MEMORANDUI~ TO: Dave Ellis, City Engineer Ron Stock, City Attorney FROM: Ri chard Gri ce, Pl anni ng Offi ce RE: Somers Subdivision Exemption DATE: August 8, 1979 Attached please find application for subdivision exemption filed by Thomas H. Somers. 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 no later than Monday, September 24, 1979. Thank you. ..1--_.____ r < ...._.,.--~ MEMORANDUM TO: Dpve Ellis, City Engineer ~on Stock, City Attorney FROM: RE: DATE: Richard Grice, Planning Office Somers Subdivision Exemption August 8, 1979 Attached please find application for subdivision exemption filed by Thomas H. Somers. 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 no later than Monday, September 24, 1979. Thank you. .1 I ~.- ~'O' ') C-- ,--/~~t ,~ a./w-v.t. - du,ce-t<: /-J ~0 ~ ~~~~~~ ~~M~'1 ~ C:<O-'z-7 1-tk ~.