HomeMy WebLinkAboutcoa.lu.ex.Lots:M-O,Blk21.Starri.1980
GARfiELD & HECHT
lW~;\LD GAHl'IEI.D
ANOKEII' \'. IIWIT
I\SHLEY AMH:HS{l:\
ATTOIt';EYS AT LA\\-'
VICTORIA SQUARE BLlLl>IKG
601 EAST HYH^,~ A VEKUE
ASPEN. COLORADO 81611
TElEPIIO:\r.
(JOJ) 925-191&
Tf.I.ECOPIER
(JOJ) 92;-J008
CABLE ADDRESS
"(j"\HHEClAVl'"
CKAIG N. BUlCK~'ICK
K. IWrUI^f. (j^l{.~
HOium: .10 un,'\H)'
(AD.'.\inw I~ IU.l~U1S (lNI.YI
RICIIARO Y. NEII.E Y. JR.
December 12, 1980
Planning and Zoning Commission
Aspen City Hall
130 South Galena Street
Aspen, Colorado 81611
Dear Commission Members:
~ Pursuant to Sections 20-19 and 20-22 of the Aspen City
Code as amended, this is an application by Omar and Marguerite
Eisenhart for an exception from the definition of the term "sub-
\diViSion" and for approval to condominiumize their duplex located at
624 and 626 West Francis Street, Aspen, Colorado.
Applicants submit that they would be deprived of the
reasonable use of their land if they were required to comply with
the entire subdivision procedure because this is merely subdivision
6f an existing duplex. Applicants further submit that an exception
is necessary for the preservation and enjoyment of their substantial
property rights. Finally, since this is merely the subdivision of
an existing structure, there will be no increase in density as a
result of granting of this application, and, therefore, the granting
of this application will not be detrimental to the public welfare or
injurious to other property in the area.
! The duplex contains a total gross living area of 3,888
, square feet. The duplex is a side-by-side duplex with the detached
\ units connected by a porch area; each unit contains 1,944 square
feet of living area. Applicants have rented both units of the
I duplex since September of 1969. This request for condominiumization
is precipitated by the offer of the present tenant of one (1) unit,
Lynne U. Stewart, to purchase her rental unit from Applicants. The
lease price for Ms. Stewart and for Tom and Janine Sharkey, current
tenants of the other unit, is $1,000.00 per month not including
utilities. It is Applicants' intention to sell Ms. Stewart the unit
in which she resides and to retain the other unit as rental income
property.
Ms. Stewart is a new full-time resident of Aspen, Colorado,
and is a professional psychological consultant.
GARFIELD & HECHT
In response to the criteria set forth in !j20-22(c) 1-6, Applicants
state as follows:
1. As stated above, Applicants seek condominiumization
of their duplex in response to a bona fide offer to purchase one of
the units by the unit's current tenant. It is the intention of the
Applicants to retain the other unit as rental income property. Thus,
there will be no tenant displacement as a result of this conversion.
2. The duplex has been held by Applicants for rental
income housing and Applicants state, and will reiterate at the
hearing before the Planning and Zoning Commission, that no tenants
have been required to move involuntarily within the past eighteen
(18) months. The rental history of the property is as follows:
624 West Hallam
11/70 - 11/78
11/78 - 9/79
9/79 - 6/80
6/80 - 9/80
9/80 - 11/80
11/80 - present
626 West Hallam
9/69 - 3/70
3/70 - 11/70
11/70 - 9/71
9/71 - 9/72
owner occupied
$800.00 per month
$1,000.00 per month
$1,000.00 per month
Sandra Thompson (one child
and roomate) voluntary
non-renewal of lease
Bryan Coxen (two roomates)
voluntary non-renewal
Esther McElfish (three roomates)
lease expired
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$1,000.00 per month -
$400.00 per month
owner occupied
$500.00 per month
$500.00 per month
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Lynne U. Stewart,
prospective purchaser
Shellman (single family)
voluntary non-renewal
Jeff Powers (three roomates)
voluntary non-renewal
Allen (single family)
voluntary non-renewal
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9/72 - 9/74
$500.00 per month
Samantha McIntosh (two roomates)
voluntary non-renewal
9/74 - 9/77
$600.00 per month
Bunny Krinsky (single mother,
two children)
voluntary non-renewal
10/77 - lO/78
$800.00 per month
C~514: f'" '" ,~t
$l,OOO.OO per month
crowley (single family)
voluntary non-renewal
lO/78 - present
Sharkey (single family)
3. The Applicants submit that granting of this application
will not reduce the supply of low income housing because the units
have. not been rented for rates which Sl,;ali!y. them for l_~_j.ncome_
hous1ng; the current tenants of the un1~s would not qua11fy fOr low
income housing units due to their income levels. -----
-=-
The most persuasive demonstration of the fact that the
supply of employee housing will not be reduced by this conversion is
the fact that an employee is purchasing one (1) of the units and that
Applicants intend to retain the other unit as rental income property,
)0" ~ith rents which fall within t~e,CitY~:,sh~~;~elihes.
,,0\,Q' 4. Applicants anticipate continuation of rental of the
t~ "~~~ unit retained by them for a sum which will continue to be well within
, 'l'; ,.' the City' s guidelines formQdE;lrate and mWdle income housing. The
~'R'\~APPlicants have no objection to this approval being conditioned on
'V,.r:>:restricting rental increases on their retained unit for the next five
C{, j;f\:' (5) years to the .percentage increase allowed under the guidelines for
~'I':,: moderate and m~le income housing.
ut' \ 1."""\ 5. While Applicants intend to retain one (1) rental unit,
\Y 4y:,,\itl':tey are willing to abide by a deed restriction to give their tenants
~ .' a right of first refusal to purchase the unit and to give the tenants
~"\"\ .\,cc at least one hundred eighty (180) days to relocate in the event of
a...: . any sale of the unit.
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6. Applicants are selling one (1) unit to an employee;
they have no intention of selling the unit retained by them and are
willing .to accept a five (5) year restriction on their abil~ty to
sell their retained unit.
While both units may currently fall within the definition
of employee housing units, Applicants respectfully request that the
Commission impose rental and sale restrictions, if any, on only the
unit Applicants intend to retain. The Commission has established a
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GARfIELD & HECHT
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precedent to impose restrictions on only one (l) unit of a duplex
conversion and Applicants' request is premised on this precedent.
The Applicants submit that all requirements of Section 20-
19 and Section 20-22 of the Aspen Code have been met by this applica-
tion and respectfully request your approval.
Sincerely,
GARFIELD & HECHT
ByA~~~~
K. Roulhac Garn ./
Attorney for Applicants
Enclosures:
Condominium Map
Title Policy
Subdivision Exception Fee
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AMERICAN LAND TITLE ASSOCIATION OWNER'S POLlCY
STANDARD FORM B - 1962
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1 ,'jj 42002 SFB Ed. 7.67 Printed in U, S, A. ,
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ST. PAUL TITLE INSURANCE CORPORATION
A STOCK COMPANY
a corporation of Missouri, herein called the Company, for a valuable consideration, hereby insures the
party named in Schedule A, hereinafter called the Insured, the heirs, devisees, personal representatives
of such Insured, or, if a corporation, its successors by dissolution, merger or consolidation, against loss
or damage not exceeding the amount stated in Schedule A, together with costs, attorneys' fees and
expenses which the Company may become obligated to pay as provided in the Conditions and
Stipulations hereof, which the Insured shall sustain by reason of:
I. Any defect in or lien or encumbrance on the title to the estate or interest covered hereby in
the land described or referred to in Schedule A, existing at the date hereof, not shown or
referred to in Schedule B or excluded from coverage in Schedule B or in the Conpitions
and Stipulations; or
2. Unmarketability of such title; or
3. Lack of a right of access to and from the land;
-all subject, however, to the provisions of Schedules A and B and to the Conditions and Stipulations
hereto annexed; all as of the date of this policy,
This Policy shall not be valid or binding until Schedules A and B are countersigned by an
authorized signatory.
In Witness Whereof, the ST. PAUL TITLE INSURANCE CORPOR,-\TION has caused its corporate
name and seal to be hereunto affixed by its duly authorized officers as of the date shown in Schedule A.
ST. PAUL TITLE I~SURAXCE CORPORATION
ATTEST:
{~ry c- ~
President
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AlTA,OWNER'S FORM
SCHEDULE A
Policy Number...._~...I~.?}2.........
69-11-16
....p.!'!.(;!'!.l)!!?,~!'...hA,._..J.9.6.9...._.........
Date of Policy
At 11:35 A.N.
Amount of Policy $..JQ.?~9.QQ.,.QQ.....
1. Name of Insured:
OHAR B. EISENHART and NARGUERITE C. EISENHART, In Joint Tenancy.
2. The estate or interest in the land described or referred to in this Schedule covered by this Policy is:
fee simple estate or interest.
3. Title to the estate or interest covered by this Policy at the date hereof is vested in the Insured.
4. The land referred to in this Policy is situated in the............f;.o_~!),tL...._....,.....,_...of........__?J);..lf;!.!h......,......._......-
State of........_._......,~,9.;I,g.!;!g_9._...,....__._.,...._-----_.., and is described as follows:
All of Lots N. N, and 0, in Block 21, CITY Al'lD TOHNSITE OF ASPEN.
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This Polley valid only II Schedule B Is .ttach....
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ALTA.OWNER'S FORM
SCHEDULE B
Policy Number.....1L11?25L.....................,..
69-11-16
This Policy does not insure against loss or damage by reason of the following exceptions:
1. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
2. Survey: Any encroachments, easements, measurements, party walls, or other facts which a correct survey of
the premises would show.
3. Rights or claims of parties in possession not shown by the public records.
4. The lien of the General Taxes for the year
1969
and thereafter.
5. Deed of Trust from David B. Saville to the Public Trustee for the use of Valley
Federal Savings and Loan Association of Grand. Junction, to secure $50,000.00,
dated November 23, 1965 and recorded November 26, 1965 in Book 217 at Page 114.
6. Deed of Trust from Omar B. Eisenhart and Marguerite C. Eisenhart to the Public
Trustee of Pitkin County for the use of David B. Saville to secure $40,000.00,
dated December 23, 1969 and recorded December 24, 1969 in Book 245 at Page 357.
7. Reservations and exceptions as contained in patents from the United States to
the City and Townsite of Aspen.
8. All streets, alleys, sidewalks, utili ties, po,"er and ,,rater and telephone lines,
rights of way and easements with respect thereto.
9. Any tax, assessment, fees or charges incident to the inclusion of the subject
property in Aspen Fire Protection District, Aspen Sanitation District and
Aspen Street Improvement District.
. Gi
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Authorized Signatory
Schedule B of thlo Polley conoloto oL,..l.......pa.es.
42001 AS Ed. 7.67 Printed In U. S. Ac ,
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CONDITIONS AND STIPULATIONS
1. Definition of Terms
The following terms when used in this policy mean:
(a) "land": the land described, specifically or by refer-
ence, in Schedule A and improvements affixed thereto which
by law constitute real property;
(b) "public records": those records which impart con-
structive notice of matters relating to said land;
(c) "knowledge": actual knowledge, not constructive
knowledge or notice which may be imputed to the Insured by
reas~m of any public records; and
(d) "date": the effective date.
2. Exclusion' from the Coverage of this Policy
This policy does not insure against loss or damage by
reason of the following:
(a) Any law, ordinance or governmental regulation (in-
cluding but not limited to building and zoning ordinances)
restricting or regulating or prohibiting the occupancy, use or
enjoyment of the land, or regulating the character, dimen-
sions, or location of any improvement now or hereafter
erected on said land, or prohibiting a separation in ownership
or a reduction in the dimensions or area of any lot or parcel
of land,
(b) Governmental rights of police power or eminent
domain unless notice of the exercise of such rights appears
in the public records at the date hereof,
(c) Title to any property beyond the lines of the land
expressly described or referred to in Schedule A, or title to
areas within or rights or easements in any abutting streets,
roads, avenues, lanes, ways or waterways (except to the ex-
tent the right of access to and from said land is covered by
the insuring provisions of this policy), or the right to main-
tain therein vaults, tunnels, ramps or any other structure or
improvement, unless this policy specifically provides that
such titles, rights or easements are insured.
(d} Defects, liens, encumbrances, adverse claims against
the title as insured or other matters (1) created, suffered, as-
sumed or agreed to by the Insured; or (2) known to the In-
sureo.either at the date of this policy or at the date such
Insured acquired an estate or interest insured by this policy
and not .shown by the public records.. unless disclosure there-
of in writing by the Insured shall have been mad~~ to the
Company prior to the date of this policy; or (3) resulting in
no loss to the Insured; or (4) attaching or created subsequent
to the date hereof.
(e) Loss or damage which '\vould not have hC['Il sus-
tained if the Insured were a purchaser for value' without
knowledge.
3. DefcnH ond Prosecution of Actions - Notice of Clai"., 10 be
Given by the Insured
(a) The Company, at its own co~t and ",..itt1c'~: U!1dll~'
[klcw, C'hal\ prO\.ide for the ,1cfe~1~(, of till' 1:1::;:'1" J in all
Lti.~;ltio" consisting of actio;;", 01- lJi"Oceedin;;s C.j:- l;:CllC.l'd
;,',';11:1:-;( t:,(' Insure'!. or ddt'ns("~ inlprp,)sed again.~t ,;d'O ot
'., est.,. 'n .~,lid !..nd ''''';l;o.:b litil!,liioll ill anv (If .~\' (.'".n-::s
i.'; r'()l1lll!,~d upon :,[1 ;llll';.!nl dcft:'d. il\'11 or encun;li ,nee.' ;11-
:;un:d ag3in;;;t by this l.>ob::y, and 111":,' plltSUe such ;~li~"tion
to final ({etermination in ti:.e court of last rcsod.
(bl In cnse any such action or proceeding slwll be be-
gun, or defense interposed, or in case knov...ledge shall come
to the InSetred of any claim of title Ot' interest which is ad-
verse to the title as insured, or which might cause loss or
damage for which the Company shall or may be liable by
virtue of this policy or in the event the title is I'ejected as
unmarketable by one who has leased or has contracted to
purchase, lease or lend money on the land described in
Schedule A hereof, the Insured shall notify the Company
thereof in writing. If such notice shall not be given to the
Company within ten days of the receipt of process 01' plead-
ings or if the Insured shall not in writing, promptly notify
the Company of any defect, lien or encumbnmce insured
against which shall come to the knowledge of the Insured,
or if the Insured shall not, in writing, promptly notify the
Company of any such rejection by reason of claimed un-
marketability of the title, then all liability of the Company
in regard to the subject matter of such action, proceeding or
matter shall cease and terminate; provided, howe\'er, that
failure to notify shall in no case prejudice the claim of any
Insured unless the Company shall be actually prejudiced by
such f<Iilure nnd then only to the extent of such prejudice.
(el The Con'.pany shall have the right at Jts own cost
to institute and prosecute any action or proceeding or do any
other <let which in its opinion l"ay be necessary or desirable
to establish the title as insured: ~,nd the Company may take
am' appropri<:Jte action under the terms of this policy whether
or - not it shall be liable thereunder and shall not thereby
concede liability or wai\'e any prodsion of this policy. .
(d) In all cases where this policy permits or reqUires
the Company to prosecute or prodde for the defense of any
action or proceeding, the Insured shall secure to it the right
to so prosecute or provide defense in such action or proceed-
ing, and all appeals therein, and permit it to use, at its option.
the. name of the Insured for such purpose. Wheneyer re-
quested by the Company the insured shall give the Company
all reasonable aid in any such action or proceeding. in effect-
ing settlement, securing evidence, obtaining witnesses, or
prosecuting or defending such action or proceeding, and. the
Company sh<'.ll reimburse the Insured for any expense so
incurred,
4. Notice of Loss - limihllion of Action
In addition to the notices required under paragraph 3(b), a
statement in writing of any losS or damage for which it is
claimed the Company is liable under this policy shall be
furnished to the Company within sixty days after such loss
or damage shall have been determined and no right of action
shall accrue to the Insured under this policy until thirty days
after such statement shall have been furnished, and no re-
covery shall be had by the Insured under this policy unless
action shall be commenced thereon within five years after
expiration of said thirty day per.iod. Failure to furnish such
statement of loss or damage, or to commence such action
within the time hereinbefore specified, shall be a conclusive
bar against maintenance by the Insured of any action under
this policy.
S. Option to Pay, Settle or Compromise- Claims
The Company shall have the option to pa;r or settle or
compromise for or in the name of the Insured any claim
insured against or to pay the full amount .of this policy and
such payment or tender of payment, together with all costs,
attorney's fees and expenses which the Company is obligated
hereunder to pay. shall terminate all liability of the Com-
pany hereunder.
6, Paymenl of loss
, (a) The !iabi1i~y of the COlli!':\:,lY under tb5 polie;.' sh211
In no c,'."'e .;',,-CC(.rl.. malL t1:", ;,,-,t'.:;"";. loss of the Insured ;:It,d
costs und ,:ltlorne\'s' fees WI ;...+ .t!:e COl1;p,my may be obli-
gated ht~:'el!nder t.o na.....
(b) The COIllD.31':': will if; ad(E~i'Jn to any loss in-
~11i"pd a~,:tin-"t \)\. thi::; .pol\c:. ('0::':5 i:-::':,Josed '.:po"n the In-
:;ul"cd il'. lil:2iltio ~ C.:!ITlO;:-Ll. on !". ,~.,C Co;:;~;3.;-:Y fo\' the Insured.
,md ,dl ""< ,11l0n'l~'Y::;. ..; ::'. litii::t!:on c:,:Tied on b\'
the In."'llri'fl .:'-,,1". \'T:~~en .:"~-:':::llio:... c.( th~' COCl.piiny. .
(co :~,-, l.hi:7' to,,:. ?!1; ,;~'" '. ,,:.j,,~, O!' Lc' :1.lail1t:<in;\hi,>
~~~\;:~:: ~\.I ;:,/'~~i{~~~.:~ 1 :!l,~.~.~:~(~:~~~)l,~,.~' ~~;'~'~;~'l\~)~~~~~~\\~f :'~'~:~~~~i
or exdudl'(\ !It.'n'in lTlllO\.C:-; suc'.~ G"tect, l:en or cnCllmbt.ancl'
within ~, r0,-,:;onable time ~fter receipt of such notice: or (2}
for liabilit\, ....oluntarih. assumed b\" the In:;w'ed in settlin<'"
any claim ::'r suit without writtcn consent of the Company; o~
(3) in the event the title is rejected as unn~~rketabl(' becaus~
of a defect, lien or encumbrance not exc~pted or excluded
in this policy, until there has been a final deternlination by a
court of competent jurisdiction tiustaining such rejection,
(d) All payments under this policy, except payments
made for costs, attorneys' fees and expenses, shall reduc~ the-
amount of the insur<tnce pro tanto and no payment shall be
made without producing this policy for endorsement of such
payment unless the policy be 10;;t or destroyed, in which case
proof of such loss or destruction shall be furnished to the
satisfaction of the Company,
(e) When liability has been definitely fixed in accord-
ance with the condition:; of this uolicv the loss or damngC'
shall be pnynble within thirty days'thereafter,
7. liobililY Noncumulotive
. It is expressly understood that the amount of this policy
IS n'dllced by any amount the Company may pav under any
policy insuring the \'aUdity or priol'it; of any mortgage or
deed of trust shown or rcfclTt'd to in Schedule B hereof or
CONDITIONS AND STIPULATIONS (Conl;nued on Reverse S;deJ
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CONDITIONS AND STIPULATIONS CONTINUED
any mortgage or deed of trust hereafter executed by the In-
sured which is a charge or lien on the land described or
referred to in Schedule A, and the amount 50 paid shan be
deemed a payment to the Insured under this policy.
8. 'Coinsurance and Apportionment
(a) In the event that a partial loss occurs after the
Insured makes an inwrovement subsequent to the date of
this policy, and only in that eyent, the Insured becomes a
coinsurer to the extent hereinafter set forth.
I! the cost of the improvement exceedshventy per centum
of the amount of this policy, such proportion only of any
partial loss established shall be borne by the Company as
one hundred twenty per centum of the amount of this policy
hems to the sum of the amount of this policy and the amount
expended for the improvement. The foregoing provisions shall
not apply to costs and attorneys' fees incurred by the Com-
pany in prosecuting or pro\'iding for the defense of actions or
proceedings in behalf of the Insured pursu;:mt to the terms of
this policy or to costs imposed on the Insured in such actions
or proceedings. and shall apply only to that portion of losses
which exceed in the aggregate ten per cent of the face of tne
policy.
Pro\'ided. however, that the foregoing coinsurance pro-
,'isions shall not apply to any loss arising out of a lien or
encumbrance for a liquidated amount which existed on the
date of this policy and wa:- not shown in Schedule B: and
proyided further. :::;uch coinsurance pray is ions shall not apply
to ;:;'0\' lo~s if. ;,t the time of the occurrence of such loss. tne
then ,oalue of ::he prembes. as so impron'd, does not exceed
one hundloed twenty per centum of the amount of this policy.
(b) If the- land described or referred to in Schedule A
is divisible into separate and noncontiguous parcels, or if
contiguous and such parcels are not used 8S one single site.
and a loss is established affecting one or more of s3id parcels
but not all, the loss shall be computed and settled on a pro
rata basis as if the face amount of this policy was diyided pro
rata as to the ndue on the date of this policy of each separate
independent parcel to the whole. exclusi\'e of any improve-
ments made subsequent to the date of this policy, unless a
liability or value has otherwise been agreed upon as to each
such parcel by the Company and the Insured ::It the time of
the issuance of this policy and shown by an express state-
ment herein or by an endorsement attached hereto.
9, Subrogotion upon Poyment or Settlement
Whenever the Company shall have settled a claim under
this policy, all right of subrogation shall vest in the Company
unaffected by any act of the Insured, and it shall be subro-
gated to and be entitled to all rights and remedies which the
Insured would have had against any person or property in
respect to such claim had this policy not been -issued. If the
payment does not cover the loss of the Insured, the Company
shall be subrogated to such rights and remedies in the pro-
portion which said payment bears to the amount of said loss.
If loss should result from any act of the Insured, such act
shall not void this policy, but the Company, in that event,
shall be required to pay only that part of any losses insured
against hereunder which shall exceed the amount, if any, lost
to the Company by reason of the impairment of the right of
subrogation. The Insured, if requested by the Company, shall
transfer to the Company all rights and remedies against any
person or property necessary in order to perfect such right of
subrogation, and shall permit the Company to use the name
of the Insured in any transaction or litigation involving such
rights or remedieso
10. Policy Enlire Contract
Any action or actions or rights of action that the Insured
may ha\.e or may bring against the Company arising out of
the :-t<.1tus of the title insured herein must be based on the
pro\"isions :)f this policy.
:\0 prodsion OJ' condition of this policy can be waived or
changed except by writing endorsed hereon or attached
hereto signed by the President, a Vice President, the Sec-
retary, an Assistant Secretary or other validating officer of
the Company.
110 Notices, Where Sent
AU notices required to be given the Company and any state~
ment in writing required to be furnished the Company shall be
addressed to its Home Office at 810 Chestnut Street, St, Louis,
..\1issouri 63101.
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City of Aspen
Project Number
Section/Parcel
,",!,.
Land Use Data Sheet
Date Submitted
NAME Omar and Marguerite Eisenhart
ADDRESS c/o K. Roulhac Garn, Garfield & Hecht, 601 East Hyman, Aspen, Co
PHONE
925-1936
NAME OF PROJECT Starri Duplex Condominiumization
TOTAL AREA
9,000 square feet
EXISTING USE(S) Detached, side-by-side duplex
PROPOSED USE(S) Condominiumize each side of duplex
(approximate square
footage of each) 4,500 square feet
PRESENT ZONING OF SITE R-6
DESCRIPTION OF LAND USE PROPOSAL Applicant seeks an exception from
sillXlivision to condominiumize the duplex located at 624 and 626 West
Francis, Aspen, Colorado; the units as originally constructed are
detached, connected by a covered breezeway
TO BE COMPLETED BY THE PLANNING OFFICE
TYPE OF APPLICATION:
REZONING
P.U.D.
SPECIAL REVIEW
SUBDIVISION
EXEMPTION
35-acre +
SUBDIVISION
BUILDING PERMIT REVIEW
REVIEW PHASE:
PRE-APPLICATION
GENERAL SUBMISSION
DATE
P.C. ACTION
BOARD ACTION
P.C. ACTION
BOARD ACTION
BOARD ACTION
DETAILED SUBMISSION
COMPLETED
DATE
DATE
DATE
DATE
DATE
FINAL PLAT
City of Aspen
Project Number
SectiC;'n/parcel
Land Use Data Sheet
Date Submitted
NAME Omar and Marguerite Eisenhart
ADDRESS c/o K. Roulhac Garn, Garfield & Hecht, 601 East Hyman, Aspen, Co
PHONE
925-1936
NAME OF PROJECT Starri Duplex Condominiumization
TOTAL AREA
9,000 square feet
EXISTING USE(S) Detached, side-by-side duplex
PROPOSED USE(S) Condominiumize each side of duplex
(approximate square
footage of each) 4,500 square feet
PRESENT ZONING OF SITE R-6
DESCRIPTION OF LAND USE PROPOSAL Applicant seeks an exception from
subdivision to condominiumize the duplex located at 624 and 626 West
Francis, Aspen, Colorado; the units as originally constructed are
detached, connected by a covered breezeway
TO BE COMPLETED BY THE PLANNING OFFICE
TYPE OF APPLICATION:
REZONING
P.U.D.
SPECIAL REVIEW
SUBDIVISION
EXEMPTION
35-acre +
SUBDIVISION
BUILDING PERMIT REVIEW
DATE
P.C. ACTION
BOARD ACTION
P.C. ACTION
BOARD ACTION
BOARD ACTION
COMPLETED
DATE
DATE
DATE
DATE
DATE
REVIEW PHASE:
PRE-APPLICATION
GENERAL SUBMISSION
DETAILED SUBMISSION
FINAL PLAT
.,.,.,...
'-"
City of Aspen
Project Number
Section/Parcel
Land Use Data Sheet
Date Submitted
NAME Omar and Marguerite Eisenhart
ADDRESS c/o K. Roulhac Garn, Garfield & Hecht, 601 East Hyman, Aspen, Co
PHONE
925-1936
NAME OF PROJECT Starri Duplex Condominiumization
TOTAL AREA
9,000 square feet
EXISTING USE(S) Detached, side-by-side duplex
PROPOSED USE(S) Condominiumize each side of duplex
(approximate square
footage of each) 4,500 square feet
PRESENT ZONING OF SITE R-6
DESCRIPTION OF LAND USE PROPOSAL Applicant seeks an exception from
subdivision to condominiumize the duplex located at 624 and 626 West
Francis, Aspen, Colorado; the units as originally constructed are
detached, connected by a covered breezeway
TO BE COMPLETED BY THE PLANNING OFFICE
TYPE OF APPLICATION:
REZONING
P.U.D.
SPECIAL REVIEW
SUBDIVISION
EXEMPTION
35-acre +
S.UBDIVISION
BUILDING PERMIT REVIEW
REVIEW PHASE:
PRE"':APPLICATION
GENERAL SUBMISSION
DATE
P.C. ACTION
BOARD ACTION
P.C. ACTION
BOARD ACTION
BOARD ACTION
DETAILED SUBMISSION
COMPLETED
DATE
. DATE
DATE
DATE
DATE
FINAL PLAT
,
.,
City of Aspen
Project Number
Section/Parcel
Land Use Data Sheet
Date Submitted
NAME Omar and Marguerite Eisenhart
ADDRESS c/o K. Roulhac Garn, Garfield & Hecht, 601 East Hyman, Aspen, Co
PHONE
925-1936
NAME OF PROJECT Starri Duplex Condominiumization
TOTAL AREA
9,000 square feet
EXISTING USE(S) Detached, side-by-side duplex
PROPOSED USE(S) Condominiumize each side of duplex
(approximate square
footage of each) 4,500 square feet
PRESENT ZONING OF SITE R-6
DESCRIPTION OF LAND USE PROPOSAL Applicant seeks an exception from
subdivision to condominiumize the duplex located at 624 and 626 West
Francis, Aspen, Colorado; the units as originally constructed are
detached, connected by a.covered breezeway
TO BE COMPLETED BY THE PLANNING OFFICE
TYPE OF APPLICATION:
REZONING
P.U.D.
SPECIAL REVIEW
SUBDIVISION
EXEMPTION
35-acre +
SUBDIVISION
BUILDING PERMIT REVIEW
COMPLETED
DATE
DATE
DATE
DATE
DATE
DATE
P.C. ACTION
BOARD ACTION
P.C. ACTION
BOARD ACTION
BOARD ACTION
REVIEW PHASE:
PRE-APPLICATION
GENERAL SUBMISSION
DETAILED SUBMISSION
FINAL PLAT
,.-
"-"
-",
City of Aspen
Project Number
Section/Parcel
Land Use Data Sheet
Date Submitted
NAME Omar and Marguerite Eisenhart
ADDRESS c/o K. Roulhac Garn, Garfield & Hecht, 601 East Hyman, Aspen, Co
PHONE
925-1936
NAME OF PROJECT Starri Duplex Condominiumization
TOTAL AREA
9,000 square feet
EXISTING USE(S) Detached, side-by-side duplex
PROPOSED USE(S) Condominiumize each side of duplex
(approximate square
footage of each) 4,500 square feet
PRESENT ZONING OF SITE R-6
DESCRIPTION OF LAND USE PROPOSAL Applicant seeks an exception from
subdivision to condominiumize the duplex located at 624 and 626 West
Francis, Aspen, Colorado; the units as originally constructed are
detached, connected by a covered breezeway
TO BE COMPLETED BY THE PLANNING OFFICE
TYPE OF APPLICATION:
REZONING
P.U.D.
SPECIAL REVIEI'i
SUBDIVISION
EXEMPTION
35-acre +
SUBDIVISION
BUILDING PERHIT REVIEW
DETAILED SUBMISSION
DATE
P.C. ACTION
BOARD ACTION
P.C. ACTION
BOARD ACTION
BOARD ACTION
CmlPLETED
DATE
DATE
DATE
DATE
DATE
REVIEW PHASE:
PRE-APPLICATION
GENERAL SUBMISSION
FINAL PLAT
~
MEMORANDUM
TO: City Attorney
City Engineer
City Housing Director
Fire Marshall
FROM: Jack Johnson
RE: Starri Subdivision Exception - Condominiumization
DATE: January 20, 1981
The attached application, submitted by Omar and Marguerite Eisenhart,
requests exception from full subdivision procedures for the purpose
of condlminiumizing the Starri Duplex, located at 624 and 626 West
Francis. This item is scheduled for review by the Aspen Planning and
Zoning Commission on March 3, 1981; please get your comments to me no
later than February 13, 1981. Thank you,
, . "--Q\. ~ ~--Qt....t.l:J
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- _._-_. - -.-
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLlCY
STANDARD FORM B - 1962
R
No....'":'
'.,?~')Q
....)vv'"-_
ST. PAUL TITLE INSURANCE CORPORATION
A STOCK COMPANY
a corporation of Missouri, herein called the Company, for a valuable consideration, hereby insures the
party named in Schedule A, hereinafter called the Insured, the heirs, devisees, personal representatives
of such Insured, or, if a corporation, its successors by dissolution, merger or consolidation, against loss
or damage not exceeding the amount stated in Schedule A, together with costs, attorneys' fees and
expenses which the Company may become obligated to pay as provided in the Conditions and
Stipulations hereof, which the Insured shall sustain by reason of:
I. Any defect in or lien or encumbrance on the title to the estate or interest covered hereby in
the land described or referred to in Schedule A, existing at the date hereof, not shown or
referred to in Schedule B or excluded from coverage in Schedule B or in the Conpitions
and Stipulations; or
2. Unmarketability of such title; or
.3. Lack of a right of access to and from the land;
'all subject, however, to the provisions of Schedules A and B and to the Conditions and Stipulations
hereto annexed; all as of the datc of this policy,
This Policy shall not be valid or binding until Schedules A and B are countersigned by an
authorized signatory.
In Witness Whereof, the ST. PAUL TITLE INSURANCE CORPORATION has caused its corporate
name and seal to be hereunto affixed by its duly authorized officers as of the date shown in Schedule A.
ST. PAUL TITLE INSUR.-\.NCE CORPORATION
A '!TEST:
{~~ L- ~
President
~V..wMei.tI
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Printed In U. S. A.
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ALTA.OWNER'S FORM
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SCHEDULE A
Policy Number.....~...~}~*~....u..,
69-11-16
,...P'g.!;~.I!!Q.?,J;...Z.~."..~9.6.9..._....._..
Date of Policy
At 11:35 A.M.
Amount of Policy $uJQ.?~9,QQ.,.QQu...
1. Name of Insured:
OMAR B. EISENHART and MARGUERITE C. EISENHART, In Joint Tenancy.
2. The estate or interest in the land described or referred to in this Schedule covered by this Policy is:
fee simple estate or interest.
3. Title to the estate or interest covered by this Policy at the date hereof is vested in the Insured.
4. The land referred to in this Policy is situated in themuumu!::.o,~,t.Y.._..........u...u..oL....__!"gJf;j..!b,.,uu...u."'m.U'
State oL_u..........~.Q;I,.o.r.1!!~.Q...umu_....mumm.' and is described as follows:
All of Lots M, N, and 0, in Block 21, CITY M~D Trn,~SITE OF ASPEN.
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This Polley valid only If Schedule B I. attached.
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ALTA.OWNER'S FORM
"<...."
SCHEDULE B
Policy Number...,.l?.1;l.?.f2,..............,...........
69-11-16
This Policy does not insure against loss or damage by reason of the following exceptions:
1. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
2. Survey: Any encroachments, easements, measurements, party walls, or other facts which a correct survey of
the premises would show.
3. Rights or clah:n, of parties in possession not shown by the public records.
4. The lien of the General Taxes for the year
1969
and thereafter.
5. Deed of Trust from David B. Saville to the Public Trustee for the use of Valley
Federal Savings and Loan Association of Grand Junction, to secure $50,000.00,
dated November 23, 1965 and recorded November 26, 1965 in Book 217 at Page 114.
6. Deed of Trust from Omar B. Eisenhart and Marguerite C. Eisenhart to the Public
Trustee of Pitkin County for the use of David B. Saville to secure $40,000.00,
dated December 23, 1969 and recorded December 24, 1969 in Book 245 at Page 357.
7. Reservations and exceptions as contained in patents from the United States to
the City and Townsite of Aspen.
8. All streets, alleys, sidewalks, utilities, power and water and telephone lines,
rights of way and easements with respect thereto.
9. Any tax, assessment, fees or charges incident to the inclusion of the subject
property in Aspen Fire Protection District, Aspen Sanitation District and
Aspen Street Improvement District.
. ell -
~..........~.., ...............................
Authorized Signatory
Schedul. B ot thl. Polley conolsts ot.....l.......pa.es..
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42001 AS Ed. 7.67 Printed In U. S. A. .
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CONDITIONS AND STIPULATIONS
1. Definition of Terms
The following terms when used in this policy mean:
(a) "land": the land described, specifically or by refer-
ence, in Schedule A and improvements affixed thereto 'which
by law constitute real property;
(b) "public records": those records which impart con-
structive notice of matters relating to said land;
(e) "knowledge": actual knowledge, not constructive
knowledge or notice which may be imputed to the Insured by
reason of any public records; and
(d) "date": the effective date.
2. Exclusions from the Coverage of this Policy
This policy does not insure against loss or damage by
reason of the following:
(a) Any law, ordinance or governmental regulation (in-
cluding but not limited to building and zoning ordinances)
restricting or regulating or prohibiting the occupancy, use or
enjoyment of the land, or regulating the character, dimen-
sions, or location of any improvement now or hereafter
erected on said land, or prohibiting a separation in ownership
or a reduction in the dimensions or area of any lot or parcel
of land.
(b) Governmental rights of police power or emin~nt
domain unless notice of the exercise of such rights appears
in the public records at the date hereof.
(c) Title to any property beyond the lines of the land
expressly described or referred to in Schedule A, or title to
areas within or rights or easements in any abutting streets,
roads, avenues, lanes, ways or waterways (except to the ex-
tent the right of access to and from said land is covered by
the insuring provisions of this policy), or the right to main-
tain therein vaults, tunnels, ramps or any other structure or
improvement, unless this policy specifically provides that
such titles, rights or easements are insured,
(d) Defects, liens, encumbrances, adverse claims against
the title as insured or other matters (1) created, suffered, as-
sumed or agreed to by the Insured; or (2) known to the In-
sured"-either at the date of this policy or at the date such
Insured acquired an estate or interest insured by this policy
and not shown by the public records, unless disclosure there-
of in writing by the Insured shall have been made to the
Company prior to the date of this policy; or (3) resulting in
no loss to the Insured; or (4) attaching or created subsequent
to the date hereof.
(e) Loss or damage which would not havc heen sus-
tair,ed if the Insured were a purchaser for value without
knowledge.
3. Defen5~ and Pt05ecution of Actions - Notice of Claim to he
Given by tht;o Insuted
(n) The Company, at its o\\"n cost and without undue
ck:<lY, o,h,,11 provide fo,' the defense of th~~ Ins:jred in all
::C::ltl0n consisting of :lctio:B or proeeedin.:;s CO:1l!!lenc'ecl
;:'.!:-\\nst the Insured, 01' ddpn."-c.'> interposed <J:.:;ai'1.-;t d Sale of
tlk '-"'Llt.' in :;aid l<llhl ,,'.hl\'~~ litigiltioll ill anv of such c,'cnts
i,.; fO'lilldcd upon an .:tLCi-':(:d dE'fe~'t, lit'll or L:ncumbr:ll1cc in-
sUlcd against by this policy, and ma:-' pursue such litigation
to final determination in the COUI'tO[ last resort.
(b) In case any such nction or p!'oceeding shall be be-
gun, or defense interposed, or in case knowledge shall come
to thc Insured of an)" claim of title or interest which is ad-
verse to the title as insured, or which might cause loss or
damage for which the Company shall or may be liable by
virtue of this policy or in the event the title is rejected as
unm,u'keta.ble by one who has leased or has contracted to
purchase. lease or lend money on the land described in
Schedule A hereof, the Insured shall notify the Company
thereof in writing. If such notice shall not be given to the
Company within ten days of the receipt of process or plead-
ings or if the Insured shall not in writing, promptly notify
the Company of any defect, lien or encumbrance insured
against which shall come to the knowledge of the Insured,
or ~f the Insured shall not, in writing, promptly notify the
Company of any such rejection by reason of claimed un-
marketability of the title, then all liability of the Company
in regard to the subject matter of such action, proceeding or
matter shall cease and terminate; provided, however, that
failure to notify shall in no case prejudice the claim of any
Insured unless the Company shall be actually prejudiced by
such failure and then only to the extent of such prejudice.
(c) The Company shall have the right at its own cost
to institute and prosecute any action or proceeding or do any
other act which in its opinion may be necessary or desirahle
to establisi-l the title- as insured; and the Company may take
any <"lppropriate action under the terms of this policy whether
or not it shall be liable thereunder and shall not thereb)'
concede liability or waive any pro,,'ision of this policy.
(d) In all cases where this policy permits or requires
the Company to prosecute or provide for the defense of any
action or proceeding, the Insured shall secure to it the right
to so prosecute or provide defense in such action or proceed-
ing, and all appeals therein, and permit it to uSe, at its option,
the name of the Insured for such purpose. Whenever re-
quested by the Company the insured shall give the Company
all reasonable aid in any such action or proceeding, in effect-
ing settlement, securing evidence, obtaining witnesses, or
prosecuting or defending such action or proceeding, and the
Company sh.dl reimburse the Insured for any expense so
incurred.
4, Notice of Loss - Limitation of Action
In addition to the notices required under paragraph 3(b), a
statement in writing of any loss or damage for which it is
claimed the Company is liable under this policy shall be
furnished to the Company within sixty days after such loss
or damage shall have been determined and no right of action
shall accrue to the Insured under this policy until thirty days
after such statement shall have been furnished, and no re-
covery sha 11 be had by the Insured under this policy unless
action shall be commenced thereon within five years after
expiration of said thirty day per.iod. Failure to furnish such
statement of loss or damage. or to commence such action
within the time hereinbefore specified, shall be a conclusive
bar against maintenance by the Insured of any action under
this policy.
S. Option to Pay, Settle or Compromise Claims
The Company shall have the option to payor settle or
compromise for or in the name of the Insured any claim
insured against or to pay the full amount of this policy and
such payment or tender of payment, together ,...ith an costs,
attorney's fees and expenses which the Company is obligated
hereunder to pay, shall terminate all liability of the Com-
pany here'under.
6. Poyment of Loss
(n) The li8bility of tht. Company under this policy shall
in no case exceC'd. in all, the actu<JI loss of the Insured and
costs and attomeys' fees which the Company may be obli-
gated he,e'Jnder to PRY.
(b) The Company will pay, in addition to any 105s in-
sured Zlc,:inst tv th:s nolin'. ~lll cOo"ts in'.:Jo5ed UDon the In-
5urf'd ir li~i ',io;~ c;~n,i~J. 0']1 b\ the COl",iany fa, 'the InsL:red.
and ,1\1 ,'n~l" '!!ld ;':Iornn',,: fees in Hti"','1tion carried on h\
the Ii~~)U!'t~1n' '~,\~;;:::':<}~''-~;~;;:'-::,"~;~.~: r:~~~',;~C:~;~I:-\(~~: ~:'. \~~' :;~;:~~)~~~'h!:'
~~~;::~: ~~: :;~ :~: '~,'i t,~~'t' r! l :1~'~'::L: :~'~ i;'\):(:l,~~ ~~~;lr\\\~~~ ~~~.\~~7 ~~~~~~~ci
or exdurk'cl l-:cn'ln n:n1o\'es such d.Aect, lien or encumbrance
within :t reasonaGle time ;:dtet. receipt of such notice: or (2)
for liability \.oluntarily assumed by the Insured in settling
any claim or suit \,..ith6ut ..nittcn consent of the Company; or
(3) in the e\'ent the title is rejected as unmarketable because
of a defect. lien or encumbrance not excepted or excluded
in this policy, until there has been a final determination by a
court of competent jurisdiction sustaining such rejection.
(d) All payments under this policy, except payments
made for cost;;, attorneys' fees and expenses, shall reduce the
amount of the insurance pro tanto and no payment shall be
made without producing this policy for endorsement of such
payment unless the policy be lost or destroyed, in which case
proof of such loss or destruction shall be furnished to the
satisfaction of the Company.
(e) When liability has been definitely fixed in accord-
ance ....-"ith the conditions of this policy the loss or damage
shall be payable within thirty days thereafter.
7. Liobility Noncumulgtive
. It is expressly understood that the amount of this policy
IS r.edu~ed b;. any amount the Company may pay under any
policy inSUring the \'.:llidity or priority of any mortgage or
deed of trust shown or referred to in Schedule B hereof or
CONDITIONS AND STIPULATIONS (Continued on RevNse Side)
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Jack Johnson, Planning Office
RE: Starri Subdivision Exception (Condominiumization)
DATE: February 24, 1981
Zoning: R-6 Residential
Location:
Lot Size:
Applicant's
Reques t:
Engineering
Department
Conments:
,,<
':~:./'~<>i:~:~. ..
. ._..,:,j:~?N\~
,.: .'....'Attorney's
': C()llII1ents:
::.}"f
,
-
'''~,l~FI;
,"
Housing
Di rector's
Conunents:
Lots M, N, and 0, Block 21, City and Townsite of Aspen
(624 and 626 West Francis Street)
9000 square feet
This is an application by Omar and Marguerite Eisenhart
requesti ng subdi vi si on excepti on for the purposes of condo-
miniumizing an existing duplex structure (Section 20-22).
The applicant is requesting a waiver to conceptual plan
approval before City Council, and preliminary plat and
final plat approval before P & Z (Section 20-19).
The applicant should provide a 10 foot by 7 foot electric/
conununications easement on the northeast corner of Lot "0"
in anticipation of future undergrounding of power lines in
the alley. The condominium plat shall be revised prior to
submission for signatures to indicate the easement.
The site plan includes no off-street parking. The owner/
applicant should be required to enter into a sidewalk, curb
and gutter improvement district in the event one is formed
at which time the site would have to come into compliance
with Section 19-101 regarding curb cuts. The lack of
parking space off the right-of-way would probably require
that parking be created off the alley.
Full compliance with Section 20-22 is required; specifically:
_ Written notice of sale to tenants, with option to
purchase.
Growth rental restriction
_ If the square foot area to rental nrice history for
both halves of the duplex fall within the housing
price guidelines, both halves should have rental
and sales restrictions. If the unit that is being
sold to the present tenant is not restricted, the
new owner could sell it with no restriction. This
would reduce the employee housing pool.
The applicant indicates this request for condominiumization
was spurred by the desire of one tenant to purchase her
unit. The applicant also states a willingness to keep the
other unit as rental property and to deed restrict it.
The fact that a current tenant has initiated discussions of
a possible sale seems to indicate that perhaps the tenant,
with an ability to purchase, is not the type of individual
the Code is trying to protect from displacement. One could
surmise that if this tenant is prepared to close on the unit
at whatever price, that no displacement would take place
and the ordinance intent has been met.
My recommendation would be a deed restriction only on the
unit not occupied by Lynn Stewart, deed restricted to
current rental rate with the City's annual allowable increase.
Memo: Starri
Page Two
February 24,
Planning
Office
Cooments:
Planning
Office
Reconmendation:
Subdivisi,o.n Exception {Condominiumizatior~
1981
This rental duplex contains 1,944 square feet of living space
per side (3,888 total gross living area). Both sides of
the duplex are currently occupied by tenants. The owners
have received an offer to purchase one side of the duplex
by its present occupant. The owners, therefore, are request-
ing approval of this condominiumization application with
the intent of selling one side of the duplex and retaining
the other side as a rental income property. The applicant
offers the following considerations as they relate to
Section 20-22. Condominiumization:
- No tenant displacement involved as both present
occupants will remain after condominiumization.
- No tenants have been required to move involuntarily
within the past eighteen (18) months.
- Owners are willing to restrict the sale of and the
rental increases on their retained unit for the next
five (5) years to the percentage increase allowed
under the guidelines for moderate and middle income
housing.
The applicants are requesting that rental and sale restric-
tions, if any, be imposed only on the unit to be retained
by the applicants. While both units may be defined as
employee housing units, the applicants request no sale or
rental restrictions be imposed on the prospective sale unit.
(The Housing Director supports this request.)
The Planning Office recommends approval of the applicants'
request for subdivision exception for purposes of condo-
miniumization subject to the following conditions:
. 1. Revision of the condominium plat prior to submission
for signatures to indicate a 10 foot by 7 foot
electric/communications easement on the northeast
corner of lot "0". .
2. The applicant entering into an "Agreement" to join
an Improvement District for construction of side-
walk, curb and gutter in the event one is formed for
this area.
i
,
3. The sale restriction for five years on the unit to be
retained by the applicant with rental restrictions
at the current rental rate with'the City's annual
allowable increase.
~
".,
..
,
"
I
,.-.
'-"
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Jack Johnson, Planning Office
J
RE: Starri Subdivision Exception (Condominiumization)
~...,.,. .~
DATE: February 24, 1981
'."',1;-'e;!'
Zoni ng: R-6 Resi denti a 1
Location:
Lot Size:
Applicant's
Request:
~m~erinCj
Department
Comments:
Attornev'<:-
Conments:
Housina
Director's
Comments:
Lots M, N, and 0, Block 21, City and Townsite of Aspen
(624 and 626 West Francis Street)
----.., -,-<,...~. ._-;". ,,.~,,,,-~.,-,,,,,-_. ~'""""'-~"""-"'-~~
9000 ~91J,~!_e fe~t_"
This is. !in apPJ.icati.on by Omar and Marguerite Eisenhart
requesting subdivision exception for the P!Jrp.Q~,~~, of condo-
'!!iniH!11i.Z,i l)9.'!!U.Xi ?.tin9.-SW~Ws.._s.tx:!.l&:~ (Secti on 20-22).
Jhe applicant is requesting a waj.Y~.:tQ...c.onCl'!l:ltY,qlJ2J..ill1
approva 1 Detore Ll ty.. Lounc11, and p'.!:..eJ iminarY...Rliit and
T'Iliaip'Tat approva'loerore P &Z (Section 20-19),--"'"
~__.. ,,',.,_,' ...--"_.,, ,-'0-, ~~........._..,,-_.< < .,,~-- ~
The applicant should ptovide a 10Jfo~t~~Yr7..f()otele.c:..tr..W
communi cati ons easemen on t'Ile"iiO rt he as corner or ['iit'TOi.
lri"'antic@lQ..l)_};>+ ~tutu'r.LYJ],9..e.rarnlJncii no nf pnhll:lY' 1; m:ac:; j.o
the alley. The condominium plat shall be revised prior to
submiSSiOn for signatures to indicate the easement.
The site plan includes no off-street parking. The owner!
applicant should be required to enter into a sidewalk. curb
and ~~tter imEro~.ement.!llHt:u;t 1n the eve~t one is fonned
at w lC'fi~ tlleSi1e would have to come lnto compllance
with Section 19-101 regarding curb cuts. The lack of
parking space off the right-of-way would probably require
that parking be created off the alley.
Full compliance with Section 20-22 is required; specifically:
- Y!r:J.t.t!=l) notic;e of. sale to,,~e.v.snts...l.'Iil!L()J?tigQ..J:g
e!:!r,s~ase. . .
Growth rental restriction
- If the square foot area to rental [J rice hi story for
both halves of the duplex fall within the housing
price guidelines, both halves should have rental
and sales restrictions. If the unit that is being
sold to the present tenant is not restricted, the
new owner could sell it with no restriction. This
would'reduce the employee housing pool.
The applicant indicates this request for condominiumization
was spurred by the desire of one tenant to purchase her
unit. The applicant also states a willingness to keep the
other unit as rental property and to deed restrict it.
The fact that a current tenant has initiated discussions of
a possible sale seems to indicate that perhaps the tenant,
with an ability to purchase, is not the type of individual
the Code is trying to protect from displacement. One could
sunnise that if this tenant is prepared to close on the unit
at whatever price, that no displacement would take place
and the ordinance intent has been met.
My recommendation would be a eed restriction only on ~~+
unit not occupied by Lynn Stg\'Iii'r.::t, ee re-
ed.. current rf'nt.~1.!2.!:e with the: Cicy's .annual allowable increase.
__,.-. '.'_'~'_"-"'K__'...._.., ",,,,,",,,,_,,,",~,_~~.._.._.._,-.,,-_;,_..___.,,,,,._..
Memo: Starri
Page Two
February 24,
,.....
SubdivH.....n Excepti on (Condomi ni umi zati 01.,
1981
Planning
Office
Comments:
J
This rental duplex contains 1,944 square feet of living space
per side (3,888 total gross living area). Both sides of
the duplex are currently occupied bX tenants. The owners
have receive~. a~~~T~~P(J!~Ii:~~_2!1.,ELSlae ,of the d~[>lex_
l)y 1 ts Dresent occ~QarJ.t: ,fie ownf'rs. iJi.e.Wore.ar.i_l;eJ~.w~~
inq api:)r~va~ of this condominiumization application with
The iQtent of sp~ling..iiiie:'sIoe:Q.(_tIl.i]Wil,~~.ana ~~ta1ni"!.g ~
tn~..Qthf;!Ui.tgILAL~!fl1..lD~YIlle- Pt.DllfU.l.- . iJle"apphcall"t
QIfer~ the followingcQnsiderations as they relate to
Section 20-22~. Condoriiiniu~1i"zaniiii'T :--------..-
_ No tenant.dis~lacement involved as botn present
occupants wil remain after conaomlniumization.
. __.~'.. ""'M'''''''. "'~,'.'.. .....'.._~""".~ '. ~,.""- '->, .~,_""",,,,,"--,,-,,,:<>"""'---------
,
- No ten.mli.J!gy,f;!l?~n..rf;!gl}j r;~d~move _t!lY.!/luntal::L1..Y
~ th.!.!l..!~f;!. p..e~.t~.t9htee'lJl ?.L'!1.9..!lt!1j.~
- Owners~.!:~_~i11ing.J.Q...r~!:ict the s91~, QLcmsL.1tlEl
.I~[lJ!lr. J !lQ:e.as.es on.thej.r..n'!j;~j!l.e.~t.!W.U~!,gr the nf;!~t
iwe (5) yp"rs to.J:.b.e...p.ex:clilnt"gf'_Ul~a:i,!; allowed
.......--- ,~"...--,,~""
under the guidelines for moderate and middle lncome
nolisffi"":" ',", ...,~-",.,.....-...,-;...,.""",.,.<, ""',-"-' ~~ <,', -.'- _._,.c ," ,,-~., "' .""~~-,,~'" ."",,,,,,'"-.....~,., ........ ..
...;. J''''~-'''''''''' g.:...........
.'
Planning
Office
Recorrmendation:
T~l'!3PPli.caD.1S are, rttCj.u,!!st)n.9. th~.Ja!~~.lJ[ s,e]g, Xt~trjs-
tlons, lf any, be lmposeCf"only on the unlt to be retalned
'by l:ne a,Bp11 c~~_t~,.~.~!iLhri'9Ui"~~j!imayDe aefinea,ls
~Jl.Q.\!~~..n"~-\!.n>~~"J, ~ ?JlE. .liet:lt.~,r~~!ng~Ht.~ .gr
~ res tn CtlQI1S ,,!,I,I;! ..1.mRose.c[.~Qn~thE1A!J:~p~~ct.iy~>,~al~,,~_ni t.
[The Hous.i ng Di r~toL.?ll~e.ort?J:!U.~.".~9.!l"e~tJ:
Jhe P1.~!1ni n~LOf.fi ce]e~o!llf1lel']ds.i1PprQ\I.<!l9,f:th.E1jlP,P 1 i~,!lt~.',..
request for. subdi vi si on e)(cepJion Jor p,urposes ofc.qndo-
m1muriiiz'a-tTo.nsuD"}ecCio the following'conaitions: .
. ,_~',., ,;':0' , . _o'..e' .." ... ".. .,
1 Rpvision of the ronrlominillm pht prior tn s"blJli~SiQll
for sj 9.UMUr~S ..to. .i.o.dicate...a...l.!l...fao.t.by,.,...Z.J.QQ1...
electric/communications easement on the northeast
corneY Qf Tor "Ql:,. . ~c:.1 ~ fD~.II'J0Pi'i5T;-'-M' .~.'M._.
. 2. The applicant enteIi-"g...in:t.oc\l']~IAgr.ee\J1pnt"...tQ.iot!l
alJ Jm.p.rQ~emgnj: Ri.sJric:t Jor c.Qo~tru.c.ti Q!'!9.LsJ de...
wa 1 k, curbjl,l},cj gu.tter... iJl tQI;!e..y'en;t one is. for.mAAJQ.r
~.!.s area. f:NGINOJ<i,'V6 PEvr, .
3. The sale restriction for five years on the unit to be
retai nea1i"y'tne'ap'pl1c11rl'CW'ffh'renta r-festi'rffT6iis'.
at 'the current rental rate with'the City i saniiuaY
-aTlOwa1Jle'increase'C i-\-OU~IN6 OFfiCE:.
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RONAW (jA'U:1EI.U
ANI>KEW V. lII'1'I>T
A~lIt~:Y ANm:H~()N
,-..
,.... GARfiELD & HECHT
ATTOKNHS AT I..\W
VICTOIU^ ~QIIA"f: BliIWINI;
601 EA~T HHIAN A VENliE
ASPEN. COLOI!ADO 61611
/.,>
CRAIG N_ tU.OrKWICK
K. ROlll.1lAC (iAHN
BOIum: .10 OI!IMllY
(AUMITTf.1) IN 11.l,I~OIS O~LYl
RICIIAKll Y. NEII.H. JK.
/
December 12, 1980
TEU:I'IH)NI:
(JOJ) 92'-I~J~
Tf.I.El'OI'IER
(lOl) 92'- J008
CADLE .\I>DRESS
"GARIIECl.AW"
Planning and Zoning Commission
Aspen City Hall
130 South Galena Street
Aspen, Colorado 81611
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Dear Commission Members:
Pursuant to Sections 20-19 and 20-22 of the Aspen City
Code as amended, this is an application by Omar and Marguerite
Eisenhart for an exception from the definition of the term "sub-
division" and for approval to condominiumize their duplex located at
624 and 626 West Francis Street, Aspen, Colorado.
Applicants submit that they would be deprived of the
reasonable use of their land if they were required to comply with
the entire subdivision procedure because this is merely subdivision
of an existing duplex. Applicants further submit that an exception
is necessary for the preservation and enjoyment of their substantial
property rights. Finally, since this is merely the subdivision of
an existing structure, there will be no increase in density as a
result of granting of this application, and, therefore, the granting
of this application will not be detrimental to the public welfare or
injurious to other property in the area.
.'
The duplex contains a total gross living area of 3,888
square feet. The duplex is a side-by-side duplex with the detached
units connected by a porch area; each unit contains 1,944 square
feet of living area. Applicants have rented both units of the
duplex since September of 1969. This request for condominiumization
is precipitated by the offer of the present tenant of one (1) unit,
Lynne U. Stewart, to purchase her rental unit from Applicants. The
lease price for I1s.' Stewart and for Tom and Janine Sharkey, current
tenants of the other unit, is $1,000.00 per month not including
utilities. It is Applicants' intention to sell tis. Stewart the unit
in which she resides and to retain the other unit as rental income
property.
Ms. Stewart is a new full-time resident of Aspen, Colorado,
and is a professional psychological consultant.
....
.--
,"".,."
GARFIELD & BECHT
In respon~e to the criteria set forth in ~20-22(c) 1-6, Applicants
state as follows:
1. As stated above, Applicants seek condominiumization
of their duplex in response to a bona fide offer to purchase one of
the units by the unit's current tenant. It is the intention of the
Applicants to retain the other unit as rental. income property. Thus,
there will be no tenant displacement as a result of this conversion.
2. The duplex has been held by Applicants for rental
income housing and Applicants state, and will reiterate at the
hearing before the Planning and Zoning Commission, that no tenants
have been required to move involuntarily within the past eighteen
(18) mo~ths. The rental history of the property is as follows:
624 West Hallam
11/70 - 11/78
11/78 - 9/79
owner occupied
.'
$800.00 per month
Sandra Thompson (one child
and roomate) voluntary
non-renewal of lease
9/79 - 6/80
$l,OOO.OO per month
Bryan Coxen (two roomates)
voluntary non-renewal
6/80 - 9/80
$l,OOO.OO per month
Esther McElfish (three roomates)
lease expired
9/80 - 11/80
vacant
11/80 - present
$1,000.00 per month
Lynne U. Stewart,
prospective purchaser
626 West Hallam
9/69 - 3/70
$400.00 per month
Shellman (single family)
voluntary non-renewal
3/70 - 11/70
11/70 - 9/71
owner occupied
$500.00 per month
Jeff Powers (three roomates)
voluntary non-renewal
9/71 - 9/72
$500.00 per month
Allen (single family)
voluntary non-renewal
'"'l'
.,...'"
''''''
GARfiELD & HECHT
9/72 - 9/74 .,1 $500.00 per month
Samantha McIntosh (two roomates)
voluntary non-renewal
9/74 - 9/77
$600.00 per month
Bunny Krinsky (single mother,
two children)
voluntary non-renewal \
10/77 - 10/78
$800.00 per month
Crowley (single family)
voluntary non-renewal
10/78 - present
$1,000.00 per month
Sharkey (single family)
3. The Applicants submit that granting of this application
will not. reduce the supply of low income housing because the units
have not'been rented for rates which qualify them for low income
housing; the current tenants of the units would not qualify for low
income housing units due to their income levels.
The most persuasive demonstration of the fact that the
supply of employee housing will not be reduced by this conversion is
the fact that an employee is purchasing one (1) of the units and that
Applicants intend to retain the other unit as rental income property,
with rents which fall within the City's guidelines.
4. Applicants anticipate continuation of rental of the
unit retained by them for a sum which will continue to be well within
the City's guidelines for moderate and middle income housing. The
Applicants have no objection to this approval beIng conditioned on
restricting rental increases on their retained unit for the next five
(5) years to the percentage increase allowed under the guidelines for
moderate and middle income housing.
5. While Applicants intend to retain one (1) rental unit,
they are willing to abide by a deed restriction to give their tenants
a right of first refusal to purchase the unit and to give the tenants
at least one hundred eighty (180) days to relocate in the event of
any sale of the unit.
6. Applicants are selling one (1) unit to an employee;
they have no intention of selling the unit retained by them and are
willing to accept a five (5) year restriction on their ability to
sell their retained unit.
While both units may currently fall within the definition
of employee housing units, Applicants respectfully request that the
~ommission impose rental and sale restrictions, if any, on only the
uni t Applicants intend .to retain. The Commission has established a
"'t:f
,-
'-'
GARFIELD & HECHT
precedent to Impose restrictions on only one (1) unit of a duplex
conversion and Applicants' request is premised on this precedent.
The Applicants submit that all requirements of Section 20-
19 and Section 20-22 of the Aspen Code have been met by this applica-
tion and respectfully request your approval.
Sincerely,
,
GARFIELD & HECHT
ByA/~~~
K. Roulhac Garn .-
Attorney for Applicants
Enclosures:
.'
Condominium Map
Title Policy
pubdivision Exception Fee
KRG/agk
~
130 s
MEMORANDUM
TO:
Jack Johnson, Planning Office
FROM:
Jay Hammond, Engineering Department
DATE:
February 17, 1981
RE:
Starr - Subdivision Exception
Having reviewed the above application for subdivision exception and made a
site inspection, the Engineering Department has the following comments:
1. The applicant should prived a 10 foot by 7 foot electric/communi-
cations easement on the northeast corner of lot "0" in anticipation
of future undergrounding of power lines in the alley. The condo-
minium plat shall be revised prior to submission for signatures
to indicate the easement.
2. The site plan includes no off-street parking. The owner/applicant
should be required to enter into a sidewalk, curb and gutter
improvement district in the event one is formed at which time
the site would have to come into compliance with Section 19-101
regarding curb cuts. The lack of parking space off the right-of-
way would probably require that parking be created off the alley.
- "'>'~-'--""~"'- ~-."--'-"-'~'-'-"'--""""~~~'-'-""-'--~~-"-"'"-"'-~'-'" .-
SPEN
130 s
treet
81611
TO:
JACK JOHNSON ..
JIM RE~
FEBRUAR~1981
FROM:
DATE:
SUBJECT: STARRI DUPLEX
The applicant indicates this request for condo minumization
was spurred by the desire of one tenant to purchase her unit.
The applicant also states a willingness to keep the other unit
as rental property and to deed restrict it.
The fact that a current tenant has initiated discussions of a
possible sale seems to indicate that perhaps the tenant, with
an ability to purchase, is not the type individual the code is
trying to protect from displacement. One could surmise that
if this tenant is prepared to close on the unit at whatever
price, that no displacement would take place and the ordinance
intent has been met.
My recommendation would be ardeed restriction only on the unit
not occupied by Lynn Stewart, deed restricted to current rental
rate with the City's annual allowable increase.
, .
SPEN
130 s
street
.81611
MEMORANDUM
DATE: February 9, 1981
TO: Jack Johnson
FROM: Bob Edmondson
RE: Starri Subdivision Exception - Condominiumization
Full compliance with Section 20-22:
(a) Written notice of sale to tenants, with option to
purchase
(b) Growth rental restriction
(c) The square foot area to rental price history seems to
indicate that both halves of the duplex are in either
the moderate or middle income range
For this reason both halves should have rental and sales
restriction. If the unit that is being sold to the
present tenant is not restricted, the new owner can turn
around and sell it with no resriction. This would
reduce the employee housing pool.
RBE:mc
No. {O-gI
CASELOAD SUMMARY SHEET
City of Aspen
1. DATE SUBMITTED: 1& STAFF: Jock:.- JOhr\S6l^
2. APPLICANT: ()'rrIM" q.. ~MN\\:f/ 0f:J,^~r
3. REPRESENTATIVE :--12fu.\l"-b..G GwV\ ) GClJ(eJol 't- ~ t
QUr rct3Lo
4. PROJECT NAME: S16Y'n ~ubl.\\ASl6\^-. b)(.(~h~
5. LOCATION: (om'l-1.o71, 1,\e<J tY7J.l^(..\S
6. TYPE OF APPLICATION:
Rezoning
P.U.D.
Special Review
Growth Management
HPC
, . L J
Ctwltm\(\1 IAmi? D-1 \ ~
~SUbdivision
-X-Excepti on
Exemption
70:30
Residential Bonus
_____Stream Margin
_____8040 Greenline
View Plane
_____Conditional Use
~Other
7. REFERRALS:
X-Attorney
~ Engineering Dept.
.:::L-Housi ng
Water
_____City Electric
Sanitation District ____School District
Fire Marshal Rocky Mtn. Nat. Gas
Parks _____State Highway Dept.
Holy Cross Electric Other
Mountain Bell
8. REVIEW REQUIREMENTS:
~~.J I+e- ~1~ ~~. cc
.
I~""".
9. DISPOSITION:
P & Z v" Approved V Denied ' Date~"3, \'If?1
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Council V Approved V 'Denied Date M~ 2311~S I
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10. ROUTING:
Attorney ~Building ~Engineering Other
.
MEMORANDUM
TO: City Council
FROM: Jack Johnson, Planning Office
RE: Starri Subdivision Ex~eption (Condominiumization)
DATE: March 23, 1981
APPROVED AS TO FORM FOR CITY
_/; (1/
COUNCIL: .4A;U.-' j {'{,,/..
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I
I
Zoning:
Location:
Lot Size:
Applicant's
Request:
Engineering
Department
Comments:
Attorney's
Conments:
Housing
Di rector's
Comments:
R-6 Resi denti a 1
~,-."._<~~",.._,,, ,._ ,.6
Lots M, N, and 0,
(624 and 626 West
Block 21, City and Townsite of Aspen
Franci s Street)
,- ;.,,- -~,;"
....,.'. .<.'~
9000 s.guare feet
This is anapplic;iltion by Omar and Marguerite Eisenhart
requesti;ig subg.iv.ision exception for the purpOses ofcon~o~
mini umi_zi ng a~ exi st,i ng dup 1 ex structure (Secti on 20-22).
The appliclwtis -re.q\iestil]g ..il waiver to conceptual plan
a'pproval before City Council, and preliminary plat and 1
final plat approval before P & Z (Section 20-19). ,S""",-t ~v"', you.. "c,
The applicant should provide a 10 foot by 7 foot electric{
communications easement on the northeast corner oT'Lor"O"
inllr'ilicipatfon'of--future undergrounding of power lines in
the alley. The condominium plat shall be revised prior to
submission for signatures to indicate.the easement.
The site plan includes no off-street parking. The owner{
applicant should be required to enter into a sidewalk, curb
!lnd glJtS-er,.jmproveme~t ,9;si;rict i'ntn-e-eveii:Cone--is 'formea"
at which time the site would have to come into compliance
with Section 19-101 regarding curb cuts. The lack of
parking space off the right-of-way would probably require
that parking be created off the alley.
.f!J1LcompUancewi th-Se.ction...zo.~22 i~ .requi red; speci fi ca 11y:
_ Written notice of sale to tenants, with option to
purchase.
- Growth rental restriction
If the square foot area to rental nrice history for
both halves of the duplex fall within the housing
price guidelines, both halves should have rental
and sales restrictions. If the unit that is being
sold to the present tenant is not restricted, the
new owner could sell it with no restriction. This
would reduce the employee housing pool.
The applicant indicates this request for condominiumization
was spurred by the desire of one tenant to purchase her
unit. The applicant also states a willingness to keep the
other unit as rental property and to deed restrict it.
The fact that a current tenant has initiated discussions of
a possible sale seems to indicate that perhaps the tenant,
with an ability to purchase, is not the type of individual
the Code is trying to protect from displacement. One could
surmise that if this tenant is prepared to close on the unit
at whatever price, that no displacement would take place
and the ordinance intent has been met.
My recommendation would be a deed restriction only on the
unit not occupied by Lynn Stewart, deed restricted to
current rental rate with the City's annual allowable increase.
Exception (Condominiumizatior'""
c ,.t
Memo': Starri SubdivisC:
Page Two - Ci ty Counci"-
tlarch 23, 1981
Planning
Office
Comments:
Planning
Office
Reconmendati on:
P & Z Action:
This rental duplex contains 1,944 ~quare feetoJ livingspace
ller-slqe"'(3,888total'gross living' area). Jlotb..sides.of, '.'
theAuQJe!:<_are currently occupied by tenants. The Qwrers
li~ve received an offer to purchase 'one side of .the .duplex
by its present occupant, The owners, therefore, Q.rlil reques t-
ingapproval of thiscondominiumization application with
the. i.D:tent of selling one side of the duplex and retaining
Hie other side as a rental income property. The.aRplicant
offers.thefollowing,consideratiQns as they relate to .
Section 20-22. Condominiumization: '
_ No.tenant displacement involved"as both present
occupants will remain after condominiumi~Q.tion.
_ No tenants have been required .to move involuntarily
within the past eighteen (18) months.
_ Owners are willing to restrict the sale of and the
Tefital'increases on their retained unit for the next
five (5) years to the percentage increase allowed
under the guidelines for moderate and middle income
'housing.
--~".,..-_."
The applicants are requesting that rental and sale restric-
tions, if any, be imposed only on the unit to be retained
by the applicants, While both units may be defined as
employee housing units, the applicants request no sale or
rental restrictions be imposed on the prospective sale unit,
(The Housing Director Sllpports this request,)
The Planning Offi ce recommends appr(jva 1 of the app 1 i cants'
request for'subdivision exception for'purposes of condo-
miniumization subject to the following conditions:
,~._.h '",_,', _, "'_ ....;,.:,.;.>"...,1',.,",....." _,J!
1. Revision of the condominium plat prior to submission
for signatures to indicate a 10 foot by 7 foot
elecj;xJcLcommunications easement on the northeast
corner of-tot If(j,t.-..,,,P'"" G"'
2. The !lpplicant entering into an "AgreemeO.t:' to join
an Improvement District for construction of side-
walk, curb and gutter in the event one is formed for
this area,
3. The sale restriction for five years on the unit to be
retained by the applicant with rental restrictions
at the current rental rate with'the City's annual
allowable increase. (legal opinion rendered states
that neither half of duplex should be deed restricted.
Planning Office concurs).
At its ~equlg,L!i1g,eyiog_.Qn)'arch 1., 1981, the hpeFl..{Ll~ng
and Z001.n9 Comm"ss' on.re'colilmended ,approva lof the Starri.
Subd~v~sion Exceptio~. This recommendation was subiect to
cond, , 0_,~.2,,, 1, sted un:ler Pl anning Offi ce Recommendati ons
. ir.dcondi.tjpl1 was attached whi ell. was re 1 ated but different
from condition 3 under Planning Office Recommendations which
1.a.3~fo 11 ow~:
A legal opinion should be rendered prior to City Counci,l
consideration of this applicatipn for thepurPQse of
detenniniog wheth.er or not this app1icatior falls
within the low, moderate, or middle income' houslng
g~idelines of the,City.
If it is detennined that both halves of thed,l,lpje)<......fall
~
'- ,
Memo: Starri Subdivision Exception (Condominiumization)
Page Three - City Council
March 23, 1981
wi.ibi!lJ 1l~..mPdED:2:t~ PI ..,!IIi d d 1 e i ,n saELlJ.Qu.illl9...\ULid.e::
.11.l'\gS..~J.tJ'!!_'1.tJQJJt.baJy.e..L?bQJ!L<Lbe-<;le.lLct..rg,~tri c;J;.e.f!....
If iti!;.cJ~~er.J!).tr:l~Ltbll~Jl,lLH~~ halL?!.t~~ ~~p~ex
f.Sf1~11~~~tnt*~~"n~~~~~t~i'~~~~~1t'b~E;g~*~*~'
'~na'~therefore' 60th nil! vessfiouTa15e""ff''eeilfcli'l&'C .,
"',."," ',t ',' '~.'.' c',,'::.'.. ., ,_.'.,.,... oJ ,.. ';: .. :.~H..',..:,.L'" :" ....',...-,'.. .,"" "'~'~',"',"'., "..-;':-.-'( ,."",",':',::.',' +"'''''''--'''-~
The le~a~ oo;ninQ. (attached) sta!es._~_h.at..:the S~arrJ. .
Subcl,l V~l.S! ()!h . ~,.~.5t9~,!; _[lQJ;..s;.QIlie,,,,W11hJ..n...J'Ii.e ,J::lf.ll.,Qufl{f;.l.lnes
for deei{ '~i;}.?,~ flC;J; i pn..a.n~ .. Jhet;"flfQ,!:.e,.."p,ei tA,er:...4l.!,P J ~.~ JWi t
can be deed restricted. I .
":,...i'.;,;"':.:....-:......,'~f< "'_'c"">'~'" .. ..
Council Action: Should Council concur with P & Z's recommendation (including
legal opinion rendered), the appropriate motion is as follows:
"I move to approve the Starri Subdivision Exception
for purposes of condominiumization, subject to the
following conditions:
Conditions 1 and 2 listed under Planning Office
Recommendation."
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CITY OF ASPEN
130 south galena street
aspen, colorado. 81611
MEMORANDUM
DATE: March 10, 1981
TO: Jack Johnson
FROM: Bob Edmondson
RE: Starri Subdivision - Ueed Restriction
I.
Facts:
uuplex, each side is approximately ~,900 square feet.
,
Issue:
In considering the rental history, as it pertains to Section 20-22
of the Code, Condominiumization, the City detenilines the amount of
rental per square foot. The maximum amount of square footage the
City considers per unit is 1,400 square feet. The reason for this
is that the lllaximum amount per square foot an owner can charge for
a deed restricted unit is 1,400 square feet. For this reason the
City, in computing square footage rental price, computes a maximum
of 1,400 square feet.
The Starri subdivision, when computed using the maxilllum 1,400
square feet, does not come within the City guidelines for deed
restriction and, therefore, neither duplex unit can be deed
restricted.
I
RBE:mc
~
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,-...
"
,
,
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"
GARFIELD & HECHT
RONALD GABrlEl.I>
ANI>REW V. IIEC1IT
ASlllt:Y ANOEBSON
ATTORNEYS AT LAW
VICTORIA SQUARE BL1LDlNG
601 EAST IIn1AN A VENIIE
ASPEN. COLORADO 81611
TElEPIIO~"E
(l01) 925-19J6
TELEWPIER
(l01) 925- J008
CABLE AI>DRESS
"GARtI~CLA W"
CKAIG N. BI.OCKWICK
K. ROUL/IAC GARN
BOBBIE ,10 QlilMBY
(AI>Mmm l" 1I.J.I~OIS (l~.n
RICIIARO Y. NElLEr. JR.
December 12, 1980
Planning and Zoning Commission
Aspen City Hall -
130 South Galena Street
Aspen, Colorado 81611
~f1-":-;l(;'.:i:;;',::;-;\ - - .---,
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'.,:- ASPEi\l / P;T;<;:.: (.\.~.
~-<" p'.\'. ../';'.;.... ('COO .,-
. L-.'.; .:';l,,'u .-,. !-1...C
..
Dear Commission Members:
Pursuant to Sections 20-19 and 20-22 of the Aspen City
Code as amended, this is an application by Omar and Marguerite
Eisenhart for an exception from the definition of the term "sub-
division" and for approval to condominiumize their duplex located at
624 and 626 West Francis Street, Aspen, Colorado.
Applicants submit that they would be deprived of the
reasonable use of their land if they were required to comply with
the entire subdivision procedure because this is merely subdivision
of an existing duplex. Applicants further submit that an exception
is necessary for the preservation and enjoyment of their substantial
property rights. Finally, since this is merely the subdivision of
an existing structure, there will be no increase in density as a
result of granting of this application, and, therefore, the granting
of this application will not be detrimental to the public welfare or
injurious to other property in the area.
Th~ duplex contains a total gross living area of 3,888
square feet. The duplex is a side-by-side duplex with the detached
units connected by a porch area; each unit contains l,944 square
feet of living area. Applicants have rented both units of the
duplex since September of 1969. This request for condominiumization
is precipitated by the offer of the present tenant of one (l) unit,
Lynne U. Stewart, to purchase her rental unit from Applicants. The
lease price for Ms. Stewart and for Tom and Janine Sharkey, current
tenants of the other unit, is $1,000.00 per month not including
utilities. It is Applicants' intention to sell Hs. Stewart the unit
in which she resides and to retain the other unit as rental income
property.
Ms. Stewart is a new full-time resident of Aspen, Colorado,
and is a professional psychological consultant.
,
d
GARFIELD & HECHT
In response to the criteria set forth in 520-22(c) 1-6, Applicants
state as follows:
1. As stated above, Applicants seek condominiumization
of their duplex in response to a bona fide offer to purchase one of
the units by the unit's current tenant. It is the intention of the
Applicants to retain the .other unit as rental income property. Thus,
there will be no tenant displacement as a result of this conversion.
2. The duplex has been held by Applicants for rental
income housing and Applicants state, and will reiterate at the
hearing before the planning and Zoning Commission, that no tenants
have been required to move involuntarily within the past eighteen
(18) months. The rental history of the property is as follows:
624 West Hallam
11/70 - 11/78
11/78 - 9/79
owner occupied
$800.00 per month
Sandra Thompson (one child
and roomate) voluntary
non-renewal of lease
9/79 - 6/80
$l,OOO.OO per month
Bryan Coxen (two roomates)
voluntary non-renewal
6/80 - 9/80
$l,OOO.OO per month
Esther McElfish (three roomates)
lease expired
9/80 - 11/80
vacant
.11/80 - present
$l,OOO.OO per month
Lynne U. Stewart,
prospective purchaser
626 West Hallam
9/69 - 3/70
$400.00 per month
Shellman (single family)
voluntary non-renewal
3/70 - 11/70
11/70 - 9/71
owner occupied
$500.00 per month
Jeff Powers (three roomates)
voluntary non-renewal
9/71 - 9/72
$500.00 per month
Allen (single family)
voluntary non-renewal
-'"".
"-'''''"
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GARFIELD & HECHT
9/72 - 9/74
$500.00 per month
Samantha McIntosh (two roomates)
voluntary non-renewal
9/74 - 9/77
$600.00 per month
Bunny Krinsky (single mother,
two children)
voluntary non-renewal
lO/77 - 10/78
$800.00 per month
Crowley (single family)
voluntary non-renewal
10/78 - present
$1,000.00 per month
Sharkey (single family)
3. The Appl~cants submit that granting of this application
will not reduce the supply of low income housing because the units
have not been rented for rates which qualify them for low income
housing; the current tenants of the units would not qualify for low
income housing units due to their income levels.
The most persuasive demonstration of the fact that the
supply of employee housing will not be reduced by this conversion is
the fact that an employee is purchasing one (1) of the units and that
Applicants intend to retain the other unit as rental income property,
with rents which fall within the City's guidelines.
4. Applicants anticipate continuation of rental of the
unit retained by them for a sum which will continue to be well within
the City's guidelines for moderate and middle income housing. The
Applicants have no objection to this approval being conditioned on
restricting rental increases on their retained unit for the next five
(5) years to the percentage increase allowed under the guidelines for
moderate and middle income housing.
5. While Applicants intend to retain one (1) rental unit,
they are willing to abide by a deed restriction to give their tenants
a right of first refusal to purchase-the unit and to give the tenants
at least one hundred eighty (l80) days to relocate in the event of
any sale of the unit.
6. Applicants are selling one (1) unit to an employee;
they have no intention of selling the unit retained by them and are
willing to accept a five (5) year restriction on their ability to
sell their retained unit.
While both Units may currently fall within the definition
of employee housing units, Applicants respectfully request that the
Commission impose rental and sale restrictions, if any, on only the
unit Applicants intend to retain. The Commission has established a
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GARFIELD & HECHT
precedent to impose restrictions on only one (1) unit of a duplex
conversion and Applicants' request is premised on this precedent.
The Applicants submit that all requirements of Section 20-
19 and Section 20-22 of the Aspen Code have been met by this applica-
tion and respectfully request your approval.
Sincerely,
GARFIELD & HECHT
By A~ ~tZ'<-/~
K. Roulhac Garn -"
Attorney for Applicants
Enclosures:
Condominium Map
Title policy
Subdivision Exception Fee
KRG/agk
"
<'
T
MEMORANDUM
TO: City Council
FROM: Jack Johnson. Planning Office
Exception (Condominiumization) (;
APPROVED AS TO FORM FOR CITY COUNCIL:~
RE: Starri Subdivision
R-6 Residential
DATE: March 23, 1981
Zoning:
Location:
Lot Size:
Applicant's
Reques t:
Engi neeri ng
Department
Comments:
Attorney's
Corrrnents:
Housing
Di rector 's
Comments:
Lots M. N, and O. Block 21, City and Townsite
(624 and 626 West Francis Street)
9000 square feet
This is an application by Omar and Marguerite Eisenhart
requesting subdivision exception for the purposes of condo-
miniumizing an existing duplex structure (Section 20-22).
The applicant is requesting a waiver to conceptual plan
approval before City Council. and preliminary plat and
final plat approval before P & Z (Section 20-19).
The applicant should provide a 10 foot by 7 foot electricf
communications easement on the northeast corner of Lot "0"
in anticipation of future undergrounding of power lines in
the alley. The condominium plat shall be revised prior to
submission for signatures to indicate the easement.
.../
The site plan includes no off-street parking. The ownerf
applicant should be required to enter into a sidewalk. curb
and gutter improvement district in the event one is formed
at which time the site would have to come into compliance
with Section 19-101 regarding curb cuts. The lack of
parking space off the right-of-way would probably require
that parking be created off the alley.
Full compliance with Section 20-22 is required; specifically:
- Written notice of sale to tenants. with option to
purchase.
- Growth rental restriction
If the square foot area to rental orice history for
both halves of the duplex fall within the housing
price guidelines, both halves should have rental
and sales restrictions. If the unit that is being
sold to the present tenant is not restricted, the
new owner could sell it with no restriction. This
would reduce the employee housing pool.
The applicant indicates this request for condominiumization
was spurred by the desire of one tenant to purchase her
unit. The applicant also states a willingness to keep the
other unit as rental property and to deed restrict it.
The fact that a current tenant has initiated discussions of
a possible sale seems to indicate that perhaps the tenant,
with an ability to purchase. is not the type of individual
the Code is trying to protect from displacement. One could
surmise that if this tenant is prepared to close on the unit
at whatever price, that no displacement would take place
and the ordinance intent has been met.
My recommendation would be a deed restriction only on the
unit not occupied by Lynn Stewart. deed restricted to
current rental rate with the City's annual allowable increase.
i
Memo: Starri SubdivL,on Exception (Condominiumization)
Page Two - City Council
~1arch 23, 1981
Planning
Office
Comments:
This rental duplex contains 1,944 square feet of living space
per side (3,888 total gross living area). Both sides of
the duplex are currently occupied by tenantso The owners
have received an offer to purchase one side of the duplex
by its present occupanto The owners, therefore, are request-
ing approval of this condominiumization application with
the intent of selling one side of the duplex and retaining
the other side as a rental income propertyo The applicant
offers the following considerations as they relate to
Section 20-220 Condominiumization:
- No tenant displacement involved as both present
occupants will remain after condominiumizationo
Planning
Office
Recommendati on:
- No tenants have been required to move involuntarily
within the past eighteen (18) monthso
- Owners are willing to restrict the sale of and the
rental increases on their retained unit for the next
five (5) years to the percentage increase allowed
under the guidelines for moderate and middle income
housingo
The applicants are requesting that rental and sale restric-
tions, if any, be imposed only on the unit to be retained
by the applicantso While both units may be defined as
employee housing units, the applicants request no sale or
rental restrictions be imposed on the prospective sale unito
(The Housing Director supports this requesto)
The Planning Office recommends approval of the applicants'
request for subdivision exception for purposes of condo-
miniumization subject to the following conditions:
10 Revision of the condominium plat prior to submission
for signatures to indicate a 10 foot by 7 foot
electric/communications easement on the northeast
corner of lot "0".
20 The applicant entering into an "Agreement" to join
an Improvement District for construction of side-
walk, curb and gutter in the event one is formed for
this areao
30 The sale restriction for five years on the unit to be
retained by the applicant with rental restrictions
at the current rental rate with'the City's annual
allowable increase. (legal opinion rendered states
that neither half of duplex should be deed restricted.
Planning Office concurs).
P & Z Action:
At its ~egular ~ee~ing on .March 3, 1981,. the Aspen Planning
and Zonlng Commlsslon recommended approval of the Starri
Subdivision Exception. This recommendation was subject to
conditions 1 and 2 listed under Planning Office Recommendations
A third condition was attached which was related but different
from conditi on 3 under Pl anni ng Offi ceRecommendati ons whi ch
is as follows:
A legal opinion should be rendered prior to City Council
consideration of this application for the purpose of
determining whether or not this application falls
within the low, moderate, or middle income housing
guidelines of the City.
If it is determined that both halves of the duplex fall
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,
Memo: Starri Subdivision
Page Three - City Council
March 23, 1981
Exception (Condominiumization)
within low, moderate or middle income housing qui de-
lines, then both halves should be deed restricted.
If it is determined that neither half of the duplex
falls within low, moderate or middle income housing
quidelines, then neither side should be restricted
and, therefore, both halves should be free market.
The legal opinion (attached) states that "the Starri
Subdivision. . . does not come within the City quidelines
for deed restriction and, therefore, neither duplex unit
can be deed restricted,"
Council Acti on:
Should Council concur with P & l'S recommendation (including
legal opinion rendered), the appropriate motion is as follows:
"I move to approve the Starri Subdi vi s i on Excepti on
for purposes of condominiumization, subject to the
following conditions:
Conditions 1 and 2 listed under Planning Office
Recommendation."
"'-'""-'----...,-.-.-...... ....,_...-..'---.~-,
SPEN
,
130 s
MEMORANDUM
DATE; March 10, 1981
TO: Jack Johnson
FROM; Bob Edmondson
RE: Starri Subdivision - Deed Restriction
Facts:
Duplex, each side is approximately L,900 square feet.
Issue:
In considering the rental history, as it pertains to Section 20-22
of the Code, Condominiumization, the City determines the amount of
rental per square foot. The maximum amount of square footage the
City considers per unit is 1,400 square feet. The reason for this
is that the maximum amount per square foot an owner can charge for
a deed restricted unit is 1,400 square feet. For this reason the
City, in computing square footage rental price, computes a maximum
of 1,400 square feet.
The Starri subdivision, when computed using the maximum 1,400
square feet, does not corne within the City guidelines for deed
restriction and, therefore, neither duplex unit can be deed
restricted.
RBE;mc
o
o
GARfIELD & HECHT
RONALD GARfIELD
ANDREW V. IIEclIT
ASHLEY ANI)ERS()N
ATTORNEYS AT lAW
VICTORIA SQUARE BUILDING
601 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
TELEPIIONE
(303) 925,193&
TELECOPIER
(303) 92S,3008
CABLE ADDRESS
"GARHECLAW"
CRAIG K BLOCKWICK
K. ROllLHAC GARN
BOBBIE .10 QUIMBY
(AI)MITTW IN II.l.tNOIS ONI,n
RICHARD V NEILEY, JR.
December l2, 1980
Planning and Zoning Commission
Aspen City Hall
130 South Galena Street
Aspen, Colorado 81611
mra'-'~:;;""""Jm
r: i,~ .I"'-<.'! "'1
,0 ClJ~~:;)?)jr' \D!:J II
. ( JAN16198111ill
________/t.::)
.~ ASPEN / PITKiN CO
~, PLAiYNING OFFiCE
Dear Commission Members:
Pursuant to Sections 20-19 and 20-22 of the Aspen City
Code as amended, this is an application by Omar and Marguerite
Eisenhart for an exception from the definition of the term "sub-
division" and for approval to condominiumize their duplex located at
624 and 626 West Francis Street, Aspen, Colorado.
Applicants submit that they would be deprived of the
reasonable use of their land if they were required to comply with
the entire subdivision procedure because this is merely subdivision
of an existing duplex. Applicants further submit that an exception
is necessary for the preservation and enjoyment of their substantial
property rights. Finally, since this is merely the subdivision of
an existing structure, there will be no increase in density as a
result of granting of this application, and, therefore, the granting
of this application will not be detrimental to the public welfare or
injurious to other property in the area.
The duplex contains a total gross living area of 3,888
square feet. The duplex is a side-by-side duplex with the detached
units connected by a porch area; each unit contains 1,944 square
feet of living area. Applicants have rented both units of the
duplex since September of 1969. This request for condominiumization
is precipitated by the offer of the present tenant of one (1) unit,
Lynne U. Stewart, to purchase her rental unit from Applicants. The
lease price for Ms. Stewart and for Tom and Janine Sharkey, current
tenants of the other unit, is $1,000.00 per month not including
utilities. It is Applicants' intention to sell ~1s. Stewart the unit
in which she resides and to retain the other unit as rental income
property.
Ms. Stewart is a new full-time resident of Aspen, Colorado,
and is a professional psychological consultant.
GARFIELD & HECHT
o
o
In response to the criteria set forth in !j20-22(c) 1-6, Applicants
state as follows:
1. As stated above, Applicants seek condominiumization
of their duplex in response to a bona fide offer to purchase one of
the units by the unit's current tenant. It is the intention of the
Applicants to retain the other unit as rental income property. Thus,
there will be no tenant displacement as a result of this conversion.
2. The duplex has been held by Applicants for rental
income housing and Applicants state, and will reiterate at the
hearing before the Planning and Zoning Commission, that no tenants
have been required to move involuntarily within the past eighteen
(18) months. The rental history of the property is as follows:
624 West Hallam
11/70 - 11/78
11/78 - 9/79
9/79 - 6/80
6/80 - 9/80
9/80 - 11/80
ll/80 - present
626 West Hallam
9/69 - 3/70
3/70 - 11/70
11/70 - 9/71
9/71 - 9/72
owner occupied
$800.00 per month
$1,000.00 per month
$l,OOO.OO per month
vacant
Sandra Thompson (one child
and roomate) voluntary
non-renewal of lease
Bryan Coxen (two roomates)
voluntary non-renewal
Esther McElfish (three roomates)
lease expired
$1,000.00 per month
$400.00 per month
owner occupied
$500.00 per month
$500.00 per month
Lynne U. Stewart,
prospective purchaser
Shellman (single family)
voluntary non-renewal
Jeff Powers (three roomates)
voluntary non-renewal
Allen (single family)
voluntary non-renewal
o
:)
GARFIELD & HECHT
9/72 - 9/74
$500.00 per month
Samantha McIntosh (two roomates)
voluntary non-renewal
9/74 - 9/77
$600.00 per month
Bunny Krinsky (single mother,
two children)
voluntary non-renewal
10/77 - 10/78
$800.00 per month
crowley (single family)
voluntary non-renewal
10/78 - present
$1,000.00 per month
Sharkey
(single family)
3. The Applicants submit that granting of this application
will not reduce the supply of low income housing because the units
have not been rented for rates which qualify them for low income
housing; the current tenants of the units would not qualify for low
income housing units due to their income levels.
The most persuasive demonstration of the fact that the
supply of employee housing will not be reduced by this conversion is
the fact that an employee is purchasing one (1) of the units and that
Applicants intend to retain the other unit as rental income property,
with rents which fall within the City's guidelines.
4. Applicants anticipate continuation of rental of the
unit retained by them for a sum which will continue to be well within
the City's guidelines for moderate and middle income housing. The
Applicants have no objection to this approval being conditioned on
restricting rental increases on their retained unit for the next five
(5) years to the percentage increase allowed under the guidelines for
moderate and middle income housing.
5. While Applicants intend to retain one (1) rental unit,
they are willing to abide by a deed restriction to give their tenants
a right of first refusal to purchase the unit and to give the tenants
at least one hundred eighty (180) days to relocate in the event of
any sale of the unit.
6. Applicants are selling one (1) unit to an employee;
they have no intention of selling the unit retained by them and are
willing to accept a five (5) year restriction on their ability to
sell their retained unit.
While both units may currently fall within the definition
of employee housing units, Applicants respectfully request that the
Commission impose rental and sale restrictions, if any, on only the
unit Applicants intend to retain. The Commission has established a
o
J
GARFIELD & HECHT
precedent to impose restrictions on only one (1) unit of a duplex
conversion and Applicants' request is premised on this precedent.
The Applicants submit that all requirements of Section 20-
19 and Section 20-22 of the Aspen Code have been met by this applica-
tion and respectfully request your approval.
Sincerely,
GARFIELD & HECHT
/~- ~
1// '.-,
By,~' . It ~
K. Roulhac Garn -"
Attorney for Applicants
Enclosures:
Condominium Map
Title policy
Subdivision Exception Fee
KRG/agk