HomeMy WebLinkAboutcoa.lu.ex.Z&G BuildersLot38,Filing1,W-Aspen-Subd.1979
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MEMORANDUM
TO: Aspen City Council
FROM: Jo1ene Vrchota, Planning Office
RE:
Z G Builders Subdivision Exemption
~7[y
DATE: May 24, 1979
.This is an application for subdivision exemption for a nearly-completed
duplex on Lot 38, Filing 1, West Aspen Subdivision. The two 3,500 square
feet units are located on a 16,000 square foot lot on Sierra Vista Drive (zoned
R-15).
The Planning Office a9rees with the applicant in stating that exemption is
appropriate in this case, because it implies no increase in land use impact.
Ordinance #39 does not apply since there is no history of rental to low
or moderate income tenants. The units will, in fact, be sold as high-priced units.
Both the City Attorney and Engineer recommended conditional subdivision
exemption. On May 22, the Planning and Zoning Commission recommended exemption
based on the conditions of the Attorney and Engineer:
1. The property shall be deed restricted to a'six-month minimum lease term
with no greater than two shorter tenancies in any calendar year.
2. The width of the driveway for the double garage shall meet the approval
of the City Engineer.
3. Drainage provisions for the substantially subgrade garage shall be
designed to avoid drainage from the street into the garage by way of
the driveway, to meet the approval of the City Engineer.
4. Separate water taps shall be run into each of the duplex units.
Conditions 3 and 4 have already been settled between the applicant and
Dave Ellis. The Planning Office recommends approval of subdivision exemption
based on satisfacticn of all four conditions.
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MEMORANDUM
TO:
FROM:
JOLENE VRCHOTA, PLANNING
DAVE ELLIS, CITY ENGINEER ~L
May 9, 1979
DATE:
RE:
Subdivision Exemption (ZG Builders)' -
Lot 38, Filing 1, West Aspen Subdivision
After reviewing this application for exemption, the engineering
department recommends approval. Although we are recommending
approval, there are a few items which we feel should be noted
for the record:
1) From observing the construction it would appear that the
intent is to have a driveway the full width of the two garages.
The maximum width for driveways in the R-15 zone is 18' as
established in Section 19-101 of the municipal code.
2) The garage floor level is substantially below the street grade.
Precaution should be taken to avoid drainage from the street
into the garage by way of the driveway.
3) Finally, we would suggest that where there is new construction
that separate water taps be run into each duplex unit rather
than using a common water tap. This makes management of the
water service much simpler for both the owners and the water
utility.
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cc: Gideon Kaufman
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APPLICATION FOR EXEMPTION
FROM
SUBDIVISION REGULATIONS
Request is hereby mad~on behalf of ZG BUILDERS (here-
inafter referred to as "applicant") under Section 20-19 of the
Aspen, Colorado, subdivision regulations for exemption from the
term "subdivision" with respect to the real property described
as Lot 38, Filing 1, West Aspen Subdivision, City of Aspen,
Colorado. It is submitted that an exemption in the case would
be appropriate.
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creates conditions whereby strict compliance with the subdivision;
regulations would deprive the applicant of the reasonable use I
The application involves subdivision of a duplex under
construction.
A subdivision of one (1) lot with a duplex on it
of its land. If an exemption is granted, the owners of the
property will have interest in the land; and there will be a
condominium declaration applicable to the property which will
not in any way increase the land use impact of the property.
An exemption in this case will not conflict with the intent and
the purpose of the subdivision regulations which are directed
to assist the orderly, efficient and integrated development of
the City of Aspen, to insure the proper distribution of
population, to coordinate the need for public services and to
encourage well planned subdivision.
The granting of this application will not undermine the
intent of the subdivision regulatiolls, as it is clearly within
the area intended for exemption under Section 20-19. The
building is already in existence, and there will be no change
in density which is presently in line with the desired population,
density for the property.
- -
.
.....,;0,.
'.'"
In addition, this application does not include property
that would come under the ~urview of Ordinance 39. This duplex
has never been within the low, moderate and middle-income
housing pool that is of primary concern to the city. Each side
.
has a value of approximately four hundred fifty thousand dollars
($450,000.00). The structure is brand new and has not as yet
been issued a CO.
In the event additional information is necessary, I will i
be happy to supply it.
The applicant would appreciate your consideration of
this application at your next regular meeting.
Dated: April 11, 1979.
it:~n
Attorney for ZG BUILDERS
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Recorded 1:43 PM Oct 29 1979 Reception#
Loretta Banner Recorder
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BOOK378 p^GE352
STATEMENT OF EXEMPTION
FROM
THE DEFINITION OF SUBDIVISION
WHEREAS, Z G BUILDERS, a Colorado partnership, and
KLAUS CHRIST are the owners of a parcel of land located in the
il City of Aspen, Pitkin County, Colorado, more particularly
I described as follows: Lot 38, West Aspen Subdivision Filing
i One, and
WHEREAS, Z G BUILDERS, a Colorado partnership, and
KLAUS CHRIST (hereinafter collectively referred to as
"applicant") have an existing duplex located on Lot 38, West
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Aspen Subdivision Filing One, City of Aspen, County of Pitkin,
State of Colorado, and
WHEREAS, the applicant has requested an exemption
from the definition of subdivision for the purpose of sub-
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dividing the existing duplex through condominiumization, and
WHEREAS, the Aspen Planning and Zoning
its meeting held on the:;,;r4 day of
Cormnission, at
determined that an exemption from the
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definition
, 1979,
of subdivision
is appropriate and recommended that the same be granted, and
WHEREAS, the City Council determined that the sub-
division of the existing duplex through condominiumization is
not within the intent and purpose of the subdivision ordinance
set forth in Chapter 20 of the Aspen Municipal Code,
NOW, THEREFORE, the City Council of Aspen, Colorado,
does hereby determine that the proposed subdivision of the
I duplex located on Lot 38, West Aspen Subdivision Filing One,
I City of Aspen, County of Pitkin, State of Colorado, by its
II condominiumization is not within the intents and purpose of
I the subdivision ordinance and does, for such reason, grant
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I an exemption from the definition of such action provided,
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8OOK378 I'AtE353
however, that any existing tenants be given written notice
when their units are offered for sale, which notice shall
specify the sales price. Each tenant shall have a ninety-
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(90) day option to purchase this unit at this price. In
addition, each tenant shall have a ninety- (90) day exclusive
nonassignable right of first refusal to purchase his or her
unit, which shall commence when a bona fide offer is made
by a third person and accepted by the owner. In the event
that such offer is made while the ninety- (90) day option
is still in effect, the tenant may purchase the unit for the
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amount of the initial sales price or the amount of the bona
fide offer, whichever is less, and provided, however, that
all units shall be restricted to six- (6) month minimum leases
with no more than two (2) shorter tenancies per year.
Applicant and applicant's subsequent assigns as owners
of the property agree to have an eighteen- (18) foot street
cut in the center of the driveway when Sierra Vista Road is
paved. Applicant further agrees that permission shall be
granted to the City of Aspen to enter the west unit of the
duplex to shut off the water meter for the east unit in case of
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nonpayment of bill by the tenant or owner of the east unit.
Dated this ;Jf.,'!.'- day of (JuZ;;:/uAJ , 1979.
~':J~
~tDEL, Mayor
Attest:
/~~
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SHERYL IMNEN, Deputy
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City Clerk
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OO!ll(378 W>E354:
The undersigned applicant hereby approves and agrees
to the terms set forth in this statement of exemption.
STATE OF COLORADO
COUNTY OF PITKIN
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bWID A. BO ENHAGE~
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~ Acknowledged, subscribed and sworn to before me this
~_ day of October, 1979, by DAVID A. BORKENHAGEN. ,"
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My commission expires Dc:.fcJ:er Iq I )98.;2.
Witness my hand and
STATE OF COLOP-ADO
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COUNTY OF PITKIN
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official seal. ,,~~-<~. " c
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Notary bIle .' .....: "",'
Acknowledged, subscribed and sworn to before me this
cPb~day of October, 1979, by S. MICHAELE DUNSDON.
My commission expires c'Y:1Jotxzr Vl, (78".)
Witness my hand and official seal.
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STATE OF
COUNTY OF
.#- Acknowledged, subscribed and sworn to before
~ day of October, 1979, by KLAUS CHRIST,
My commission expires Oc.fobe.r lCI, /'{8;;
Witness my hand and official seal.
me this
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Notary P hc ",l
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Recorded 3: 26 Pt1 November 29 1979 Recept i onl!
Loretta Banner Pitkin County Recorder
219901
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JJw.'cl cl;a, Pft.Ct;;w,U}
AMENDMENT TO STATEMENT OF EXEMPTION
That certain statement of exemption from the definition
of subdivision dated October 26, 1979, and recorded at book 378
,
[in page 352 of the records of Pitkin County, Colorado, is
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hereby amended by the addition of the following paragraph.
Applicant for itself and its subsequent assigns as
owner of the property hereby agrees to waive any right it may
!now or hereafter have to protest against the formation of any
special improvement district associated with the property,
In all other respects, the statement of exemption remains the
same.
Dated: ~ Z{,
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Attest:
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Z G BUILDERS:
,fjo--JJ CL6. / / ~
tit'ID A. BORKENHAGEN, \J
General PaFtner .
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General Partner
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MEMORANDUM
TO:
FROM:
RE:
Aspen Planning and Zoning Commission
Jolene Vrchota, Planning Office ,/
Z G Builders Subdivision Exemption
DATE:
May 18, 1979
This is an application for subdivision exemption for a nearly-completed
duplex on Lot 38, Filing 1 of the West Aspen Subdivision. The 16,000 square
foot lot is located in an R-15 zone on Sierra Vista Drive.
The Planning Office agrees with the applicant in stating that exemption in
this case is appropriate because land use impact will not increase.
Comments from both the City Attorney and Engineer have been collected.
The Planning Office recommends approval of subdivision exemption conditioned on
their provisions as follows:
1. The property shall be deed restricted to a six-month minimum lease
term with no greater than two shorter tenancies in any calendar year.
2. The maximum width of the driveway shall be 18 feet.
3. Drainage provisions for the substantially subgrade garage shall be
designed to avoid drainage from the street into the garage by way
of the driveway, to meet the approval of the City Engineer.
4. Separate water taps shall be run into each of the duplex units,
MEMORANDUM
TO: Dave Ellis, City Engineer
Ron Stock, City Attorney
FROM: Jolene Vrchota, Planning Office
RE: ZG Builders Subdivision Exemption
DATE: April 16, 1979
Attached is an application for subdivision exemption for the purpose of
condominiumization of a duplex under construction. This item is scheduled to
come before the Aspen Planning and Zoning Commission on Tuesday, May 15, 1979,
Therefore, may I please have your comments concerning this application no later
than Monday, May 7, 1979. Thank you.
'._-1
APPLICATION FOR EXEMPTION
FROM
SUBDIVISION REGULATIONS
Request is hereby made on behalf of ZG BUILDERS (here-
inafter referred to as "applicant") under Section 20-19 of the
Aspen, Colorado, subdivision regulations for exemption from the
term "subdivision" with respect to the real property described
as Lot 38, Filing 1, West Aspen Subdivision, City of Aspen,
Colorado. It is submitted that an exemption in the case would
be appropriate.
The application involves subdivision of a duplex under
construction, A subdivision of one (1) lot with a duplex on it
creates conditions whereby strict compliance with the subdivision
regulations would deprive the applicant of the reasonable use
of its land. If an exemption is granted, the owners of the
property will have interest in the land; and there will be a
condominium declaration applicable to the property which will
not in any way increase the land use impact of the property.
An exemption in this case will not conflict with the intent and
the purpose of the subdivision regulations which are directed
to assist the orderly, efficient and integrated development of
the City of Aspen, to insure the proper distribution of
population, to coordinate the need for public services and to
encourage well planned subdivision.
The granting of this application will not undermine the
intent of the subdivision regulations, as it is clearly within
the area intended for exemption under Section 20-19. The
building is already in existence, and there will be no change
in density which is presently in line with the desired population
density for the property.
""...,v_,__,___.-.,._,,~__, ,.....___. ...._~___~__"_____~_.______"'''
In addition, this application does not include property
that would come under the purview of Ordinance 39. This duplex
has never been within the low, moderate and middle-income
housing pool that is of primary concern to the city. Each side
has a value of approximately four hundred fifty thousand dollars
($450,000.00), The structure is brand new and has not as yet
been issued a CO,
In the event additional information is necessary, I will
be happy to supply it.
The applicant would appreciate your consideration of
this application at your next regular meeting.
Dated: April 11, 1979.
6~/!:aan
Attorney for ZG BUILDERS
-2-
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MEMORANDUM
DATE: April 20, 1979
TO: Jolene Vrchota
FROM: Ron Stock
RE: ZG Builders Subdivision Exemption
I have reviewed the application for the above-described sub-
division exemption and I recommend approval subject to the
property being deed restricted to a six-month minimum lease
term with no greater than two shorter tenancies in any
calendar year.
RWS:mc
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Ii Request is hereby made. on behalf of ZG BUILDERS (here-
I! inafter referred to as "applicant") under Section 20-19 of the
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i Aspen, Colorado, subdivision regulations for exemption from the
I
I term "subdivision" with respect to the real property described
I as Lot 38, Filing 1, West Aspen Subdivision, City of Aspen,
APPLICATION FOR EXE}WTION
FROM
SUBDIVISION REGULATIONS
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Colorado. It is submitted that an exemption in the case would
be appropriate.
The application involves subdivision of a duplex under
of its land.
If an exemption is granted, the owners of the
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property will have interest in the land; and there will be a
construction. A subdivision of one (1) lot with a duplex on it
I
creates conditions whereby strict compliance with the subdivision:
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regulations would deprive the applicant of the reasonable use
condominium declaration applicable to the property which will
not in any way increase the land use impact of the property.
An exemption in this case will not conflict with the intent and
the purpose of the subdivision regulations which are directed
to assist the orderly, efficient and integrated development of
the City of Aspen, to insure the proper distribution of
population, to coordinate the need for public services and to
encourage well planned subdivision.
The granting of this application will not undermine the
intent of the subdivision regulations, as it is clearly within
the area intended for exemption under Section 20-19,
The
building is already in existence, and there will be no
in density which is presently in line with the desired
density for the property.
change
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popu at~onl
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In addition, this application does not include property
that would come under the purview of Ordinance 39. This duplex
has never been within the low, moderate and middle-income
housing pool that is of primary concern to the city. Each side
has a value of approximately four hundred fifty thousand dollars
($450,000.00). The structure is brand new and has not as yet
been issued a CO,
In the event additional information is necessary, I will
be happy to supply it.
The applicant would appreciate your consideration of
this application at your next regular meeting.
Dated: April 11, 1979.
c~ l!:auan
Attorney for ZG BUILDERS
-2-
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MEMORANDUM
TO:
FROM:
Aspen City Council
RE:
Jolene Vrchota, Planning Office
Z G Builders Subdivision Exemption
DATE:
May 24, 1979
This is an application for subdivision exemption for a nearly-completed
duplex on Lot 38, Filing 1, West Aspen Subdivision. The two 3,500 square
feet units are located on a 16,000 square foot lot on Sierra Vista Drive (zoned
R-15) .
The Planning Office agrees with the applicant in stating that exemption is
appropriate in this case, because it implies no increase in land use impact.
Ordinance #39 does not apply since there is no history of rental to low
or moderate income tenants. The units will, in fact, be sold as high-priced units.
Both the City Attorney and Engineer recommended conditional subdivision
exemption. On May 22, the Planning and Zoning Commission recommended exemption
based on the conditions of the Attorney and Engineer:
1. The property shall be deed restricted to a six-month minimum lease term
with no greater than two shorter tenancies in any calendar year.
2, The width of the driveway for the double garage shall meet the approval
of the City Engineer.
3. Drainage provisions for the substantially subgrade garage shall be
designed to avoid drainage from the street into the garage by way of
the driveway, to meet the approval of the City Engineer.
4. Separate water taps shall be run into each of the duplex units.
Conditions 3 and 4 have already been settled between the applicant and
Dave Ellis. The Planning Office recommends approval of subdivision exemption
based on satisfaction of all four conditions.
"'"
.....,
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APPLICATION FOR EXENPTION
FROM
SUBDIVISION REGULATIONS
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Request is hereby made. on behalf of ZG BUILDERS (here-
inafter referred to as "applicant") under Section 20-19 of the
Aspen, Colorado, subdivision regulations for exemption from the
term "subdivision" with respect to the real property described
as Lot 38, Filing 1, West Aspen Subdivision, City of Aspen,
Colorado. It is submitted that an exemption in the case would
be appropriate.
The application involves subdivision of a duplex under
"
construction.
A subdivision of one (1) lot with a duplex on it
,
,
I
creates conditions whereby strict compliance with the subdivision
I
regulations would deprive the applicant of the reasonable use
of its land. If an exemption is granted, the owners of the
property will have interest in the land; and there will be a
condominium declaration applicable to the property which will
not in any way increase the land use impact of the property.
An exemption in this case will not conflict with the intent and
the purpose of the subdivision regulations which are directed
to assist the orderly, efficient and integrated development of
the City of Aspen, to insure the proper distribution of
population, to coordinate the need for public services and to
encourage well planned subdivision.
The granting of this application will not undermine the
intent of the subdivision regulations, as it is clearly within
the area intended for exemption under Section 20-19, The
building is already in existence, and
in density which is presently in line
there will be no change
with the desired pOPulation!
density for the property.
-
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I
i
I
~
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......,
II In addition. this application does not include property
!I that would come under the purview of Ordinance 39, This duplex
II
I has never been within the low. moderate and middle-income
I
I
housing pool that is of primary concern to the city. Each side
has a value of approximately four hundred fifty thousand dollars
($450,000.00). The structure is brand new and has not as yet
been issued a CO.
In the event additional information is necessary. I will
be happy to supply it.
The applicant would appreciate your consideration of
this application at your next regular meeting.
Dated: April 11, 1979.
6~(~an
Attorney for ZG BUILDERS
-2-
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M E M 0 RAN DUM
TO:
JOLENE VRCHOTA, PLANNING
FROM:
DAVE ELLIS, CITY ENGINEER ~L
May 9, 1979
DATE:
RE:
Subdivision Exemption (ZG Builders) -
Lot 38, Filing 1, West Aspen Subdivision
After reviewing this application for exemption, the engineering
department recommends approval. Although we are recommending
approval, there are a few items which we feel should be noted
for the record:
1) From observing the construction it would appear that the
intent is to have a driveway the full width of the two garages.
The maximum width for driveways in the R-15 zone is 18' as
established in Section 19-101 of the municipal code.
2) The garage floor level is substantially below the street grade.
Precaution should be taken to avoid drainage from the street
into the garage by way of the driveway.
3) Finally, we would suggest that where there is new construction
that separate water taps be run into each duplex unit rather
than using a common water tap. This makes management of the
water service much simpler for both the owners and the water
utility.
jk
cc: Gideon Kaufman