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HomeMy WebLinkAboutcoa.lu.ex.ValleySudb.1979 ,"'" ~'. '...... '-" MEMORANDUM TO: Dave Ellis, City Engineer ~ Stock, City Attorney FROM: Richard Grice, Planning Office RE: Valley Subdivision Exemption DATE: May 22, 1979 Attached is an application for Subdivision Exemption submitted by Harold E. Valley. This item is tentatively scheduled to come before the Aspen Planning and Zoning Commission on Tuesday, July 3, 1979. Therefore, may I have your comments concerning this application by Monday, June 25, 1979. If you cannot meet this schedule, please advise me immediately. Thank you. ~. ~ ~ t, iJZd. /lJt?!. ~. Jr K7/~ ~ -d- f?,/-Z JY ~ ~ cW~ jJ~ vr:/Jl;//Jf ~~-~~~ ~~tlA -J~. - ----l--- "'"" ...."'" "'"" '-" M E M 0 RAN DUM TO: RICHARD GRICE, PLANNING OFFICE LOUIS 'BUETTNER, ENGINEERING OFFICE;"",~Y June 6, 1979 FROM: DATE: RE: Valley Subdivision Exemption After reviewing this exemption application in the office and during a trip to the property, I have the following remarks to make: 1) The condominium map is missing information including: a. The location of the existing building on the lot. b. Those areas over 30% slope. c. The two newly constructed retaining walls located to the west of the building. d. The width of access and utility easement along back of lot. e. Description of survey monuments set at property corners. 2) This property with improvements has a parking problem that has not been addressed in the past. This parking problem should be solved before an exemption is granted. I would recommend tabling this application due to the deficient information as listed above. The engineering department wishes to withhold recommendations for approval until such information is supplied. jk .1...._____..u.u - -'""'" '.~ -....... LAW 0 F"F"ICES OATES. AUSTIN, MCGRATH a JORDAN 600 EAST HOPKINS AVENUE LEONARD M. OATES ASPEN, COLORADO 81611 RONAL-D D. AUSTIN .... NICHOL-AS MeGRATI-l, "'R. WIL-UAM R. "'ORDAN m May 22, 1979 ROBERT W. HUGHES RICHARD A. KNEZEVICH AREA CODE 303 TEL-EPHONE 925-2eOO City Council City of Aspen 130 South Galena Aspen, Colorado 81611 Planning Commission City of Aspen 130 South Galena Aspen, Colorado 81611 Aspen/Pitkin Planning Office Ci ty Hall 130 South Galena Aspen, Colorado 81611 Re: Application for Subdivision Exemption, Lot 11, Block 1, Pitkin Mesa Subdivision; Duplex Condominiumization Ladies and Gentlemen: We represent Harold E. (Jake) Valley who, by this application, seeks an exemption from the definition of a subdivi- sion (Section 20-19 (b) , of the City Code) in connection with the proposed condominiumization of his duplex situate on Lot 11, Block 1, Pitkin Mesa Subdivision. The property is zoned R-15 residential. An improvement survey of the property accompanies this application, along with our check for $50 for the filing fee. The duplex is a one and one-half story structure (i.e., one story being one-half below grade level) consisting of approxi- mately 3,138 total square feet--each unit consisting of approximately 1,568 square feet. The upper unit contains five bedrooms and the lower unit contains four bedrooms. Additionally, each unit contains two bathrooms, a utility room, living room, kitchen and dining area. The duplex is of the upstairs-downstairs rather than of the side- by-side variety. Mr. Valley's investment in this property to date, including land acquisition and construction costs is approximately $150,000.00, and he intends this Spring and Summer to undertake approximately $65 -70,000.00 in home improvements, including work on the roof, the facade and entryways, the installation of a jacuzzi, and landscaping. We ought also to add here that Mr. Valley currently is negotiating with his neighbor, Catherine Flaherty, for an easement to permit to continue the approximate 14 square foot encroachment on her property caused by the concrete walk in ".., OATES, AUSTIN, MCGRATH a JORDAN City Council Planning commission Aspen/Pitkin Planning Office May 22, 1979 Page Two front of the duplex at its southernmost end. Failing in this, of course, Mr. Valley will cause the removal of the encroachment. All but one of the six duplex structures on this block of the subdivision and several duplexes in the remaining block have in the recent past been converted to the condominium form of ownership. These include the duplex of Richard Grimes (Lot 12), the Mogul Condominiums (Lot 13) and the Big and Little Butte Condominiums (Lots 14 and 15), as well as the K & K Condominiums and the Double Shaft Condominiums (Lots 2 and 3, Block 2). Neither of the two units of Mr. Valley's duplex presently is being rented. In the past, only one of the two units has ever been offered for rent. The most recent tenancy was concluded in July of last year when the tenant fell several months behind on the rent. The monthly rent then payable was $700.00. Although the tenant did vacate the premises following service upon him of a notice for payment of rent, the matter is still in litigation for collection of sums owing to Mr. Valley and to recover property allegedly wrongfully removed by the tenant. Need- less to say, Mr. Valley's one experience with renting proved to be less than satisfactory. Naturally, Mr. Valley understands that the condominiumi- zation of existing duplexes constitutes a subdivision under existing interpretations of state law and the City Code. However, given that the principle purpose and intent of the subdivision laws is to accommodate orderly and planned development and that his duplex has already been constructed in conformance with existing use and density requirements, Mr. Valley believes that a subdivision exemp- tion is appropriate in this case. Obviously, concerns associated with a new division of land such as growth patterns, geologic hazards, extensions of public services, subdivision design standards and the like would not be involved here. Mr. Valley's principle objective in condominiumizing his duplex is to enable him partially to liquidate his investment in the property. He is, however, aware of the City's understandable concerns with tenant displacement and the supply of controlled housing, as expressed in sections 20-22(c) and (d) of the City Code. Recognizing this, he is prepared to restrict the sale or rental of one of the two units for a period of five years to the rental and . -' .. ___. _.u ._---1-__~~u__. .--. ~-... ~"" OATES, AUSTIN. MCGRATH a JORDAN City Council Planning Commission Aspen/Pitkin Planning Office May 22, 1979 Page Two sales price guidelines adopted by the City for low, moderate and middle income persons. However, as indicated above, since only one of the two units historically has ever been rented for prices within those guidelines Mr. Valley intends to offer the second of the two units for sale on the free market. Needless to say, since neither of the two units presently is being rented (the last tenancy having been concluded some ten months ago) condo- miniumization would not result in any tenant displacement whatso- ever. And, given that one of the two units has never in the past been rented and, hence, never constituted a portion of the supply of low, moderate or middle income housing, it obviously follows that its sale could not reduce the supply of this type of housing. Naturally, we will be happy to provide you information you might require. We would appreciate an setting on the Planning and Zoning Commission agenda. for your time and consideration. with any early Thank you Sincerely, By , JO~ RWH/jms Attachment I -- -_...~_.._-- ,r ',," , "'.'-' CITY OF ASPEN 130 sooth galena s tree t aspen, colorado 81611 MEMORANDUM DATE: June 13, 1979 FROM: Richard Grice ') Ron Stock <5 /,) Valley Subdivision Exemption TO: RE: I recommend approval of this subdivision exemption sub- ject to the six-month minimum lease provisions of Sec- tion 20-22 of the Code of the City of Aspen. It is pos- sible that the Planning and Zoning Commission and Coun- cil might determine that this housing is part of the low, moderate and middle income housing pool. I recom- mend that you provide them with the facts regarding the rental price terms of the property so that they may de- cide factually whether to require price limitations on one unit. RWS:mc