HomeMy WebLinkAboutcoa.lu.ex.Lot21W.AspenSubd.1980
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Sunny Vann, Planning Office
RE: Carters' Venture Subdivison Exemption
DATE: April 17, 1980
Zoning: R-15
Location:
Lot 21, West Aspen Subdivision, Filing #1
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Rental History:
15,113 square feet
Proposed duplex
Lot Size:
Engi neeri ng
Comments:
The Engineering Department recommends approval of this
subdivision exemption subject to the revisions of the
improve~ent survey listed in the attached memorandum
and its resubmission prior to being placed on the City
Council agenda. The applicant also shall be required
to join a curb, gutter and sidewalk improvement district
in the event one is formed.
Attorney 1 S
Comments:
Should this application be approved, the attorney recom-
mends that each unit of the proposed duplex be restricted
to six-month minimum leases with no more than two shorter
tenancies in a calendar year.
Planning Office
Recommendation:
The Planning Office recommends approval subject to the
conditions outlined in the Engineering Department's
attached memorandum with the additional stipulation that
the proposed duplex be subject to the six-month minimum
lease restriction of Section 20-22.
Planning & Zoning
Recommendation:
Concurred with Planning Office recommendation.
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MEMORANDUM
TO:
Sunny Vann, Planning Office
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FROM:
F.H. Bruggerneier, Engineering Department
RE: Carters' Venture Subdivision Exemption
Lot 21, West Aspen Subdivision, Filing #1
DATE: April 11, 1980
After having reviewed the survey plat for the above subdivision
exemption and having made a site inspection, the Engineering Depart-
ment recommends the following:
1) The owner/applicant shall revise and resubmit the improvement
survey plats to include the following:
A) Show if remaining property survey monuments were found
or set.
B) Show location of existing utility easements and existing
utilities.
C) Show existing driveway.
D) Identify adjoining lots.
2) Owner/applicant shall be required to join a curb, gutter, and
sidewalk improvement district if one is formed in the future.
The Engineering Department recommends approval for the above subdi-
vision exemption subject to the owner/applicant correcting the above
conditions, under items #1 and #2, prior to being Placed on the next
City Council agenda.
130 s
MEMORANDUM
DATE: April 2, 1980
TO: Sunny Vann
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FROM: Ron StockY
RE: Carters' Venture Subdivision Exemption
If the above entitled subdivision exemption is granted, the
approval should be conditioned upon the applicant meeting the
following requirements of Section 20-22 of the Municipal Code of
the City of Aspen:
Notice and option provisions to current
tenants
[xl Each unit restricted to six-month minimum
leases with no more than two shorter tenan-
cies in a calendar year.
RWS:mc
MEMORANDUM
TO: Dan McArthur, City Engineer
Ron Stock, City Attorney
FROM: Sunny Vann, Planning Office
RE: Carters' Venture Subdivision Exemption Application
DATE: March 15, 1980
Attached please find application for subdivision exemption filed by Edmund
Eisen, of Carters' Venture. This item is scheduled to come before the
Aspen Planning and Zoning Commission on Tuesday, April 22, 1980. Therefore,
may I please have your written comments concerning this application no later
than Monday, April 14, 1980. Thank you.
,.....
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LAW OFFICES
WENDT Be GRUETER
A PROFESSIONAL CORPORATION
430 E. MAIN STREET
ASPEN, COLORADO 8t611
303.g2!5-4544
..JOHN A. F. WENDT. JR.
ROBERT P. GRUETER
DOROTHY N. WENDT
ROBERT B. EDMONDSON
DEBORAH QUINN
PAONIA OFFICE
P. O. BOX 1000
PAONIA, COLORADO 81428
303-1527-4888
February 26, 1980
Richard Grice
Planning Departrrent
City of Aspen
Aspen, Colorado 81611
Dear Mr. Grice:
Pursuant to Section 20-19 of Chapter 20 of the Municipal Code of the City
of Aspen, Carters I Venture, a Colorado Joint Venture, whose individual
venturers consist of Edrmmd Eisen, Judith Eisen, John D. carter, and
Alice P. Carter, hereby apply for an exemption fran the definition of
the term "Subdivision" with respect to the real property described as:
Lot 21
West Aspen Subdivision
Filing # 1
County of pitkin
State of Colorado
The applicants sul:rni t that the exemption in this case YKluld be appropriate.
The application involves the subdivision of a proposed duplex to be completed
by the Spring or Surrmer of 1980. The owners of the property will have a
ccmnon interest in the land and there will be a condaninium declaration and
a use maintenance agreement applicable to the property and does not in any
way increase the land use :impact of that property.
The duplex will be the primary residence of Edmund and Judith Eisen who are
employees in the City of Aspen, and of John D. Carter and Alice P. Carter who
are retired and nON living in Aspen.
The density would not effect the prevailing =ntanplated or desired population
density on this property.
We would greatly appreciate your consideration of this matter at the next
available meeting.
Sincerely,
RBE:djf
WENDT & GRUEI'ER, P.C.
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(I(r(W,7h'>7-<"j~
Robert B. Edrrondson
Attorney for the Applicants
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MEMORANDUM
DATE: April 18, 1985
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TO:,"V """ ",
1nanc;Department
FROM: City Attorney
RE: Eisen/Kane/Carter
800 Bonita - Park Dedication Fee
Kathryn -- attached please- find the original of the Settlement of
Claim for Park Dedication Fee for your file.
Finance -- attached please find a check from John Carter
amount of $1,850.00 as the first payment as set forth in
settlement agreement. Please note that Mr. Carter is to
City $850.00 on May 20, June 20, July 20 and August 20.
advise if these payments are not made.
Please call me if you have any questions.
PJT/mc
Attachments
cc: Building Department
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SETTLEMENT OF CLAIM FOR PARK DEDICATION FEE
THIS AGREEMENT made and entered into this ...1.'7#. day of
April, 1985, by and between the City of Aspen (hereinafter "City")
and John Carter, Unit 1, 800 Bonita Drive, Aspen, Colorado (here-
inafter "Carter").
R E ~--'L~_L S
1. On or about October 26, 1979, a building permit number
285-79 was issued to Ed Eisen for a duplex residence at 800 Bonita
Drive, Lot 21, Filing 1. Mr. Ed Eisen was listed as owner/builder
for the project.
2. The aforesaid permit indicates an assessment of a park
dedication fee in the amount of Ten Thousand Five Hundred Dollars
($10,500.00), for which Mr. Eisen signed a promissory note which
recites that the fee was to be paid in full at the time of the
issuance of a certificate of occupancy for the duplex. A copy of
said promissory note is annexed hereto and incorporated herein
as Exhibit "A".
3. The aforesaid duplex was constructed pursuant to a
"joint venture agreement", dated September 28, 1979, by and
between Edmund Eisen and Judith Eisen and John D. Carter and
Alice P. Carter, which agreement was recorded in the office of the
Pitkin County Clerk and Recorder on October 3, 1979, at Book 377,
Page 70. The purpose of said joint venture was to construct a
duplex residence of approximately 5,000 square feet with one-half
of the duplex being used as the personal residence for the Carters
and the other half being used as a personal residence of Eisen,
and to divide the building and property interest equally between
the parties. Further, pursuant to Paragraph 7 of the joint ven-
ture agreement, Eisen agreed to supervise and be responsible for
the construction of the duplex in accordance with approved plans,
free of all liens and encumbrances.
4. On or about March 8, 1982, the City Council directed
that park dedication assessments be calculated in accordance with
a formula, which, if applied to the aforesaid duplex project at
the time the building permit was issued in 1979, would have
totalled Five Thousand Two Hundred Fifty Dollars ($5,250.00).
5. In or about March, 1983, Ed Eisen sold Unit 2 to Mr. Tom
Kane. In view of Mr. Eisen's failure to pay the promissory note,
appended hereto as Exhibit "A", a charge for the unpaid park dedi-
cation fee was forwarded to Pitkin County for collection as a
municipal charge, and a lien therefor was placed on the subject
property.
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6. The records of the City of Aspen Building Department
reflect that the outstanding subdivision and condominium approvals
have never been executed by City officials, nor have final certi-
ficates of occupancy been issued for the duplex. Nonetheless, the
City Building Inspector has inspected the premises, the construc-
tion files and, in view of the desire of the parties to resolve
all outstanding disputes pertaining to the construction and occu-
pancy of the duplex units, has recommended that all subdivision
and condominium documents be executed and that certificates of
occupancy be issued for the subject premises, on the terms and
conditions set forth in this agreement.
7. Carter, as a joint venturer, currently resides in Unit 1
and desires to satisfy the park dedication fee payment to the City
of the sum of Five Thousand Two Hundred Fifty Dollars ($5,250.00),
in accordance with the terms and conditions set forth below.
NOW, THEREFORE, in consideration of the mutual agreements
hereinafter contained and subject to the terms and conditions
hereinafter stated, it is hereby understood and agreed between the
parties that:
1. In satisfaction of the lien presently pending against
the subject premises as a result of Ed Eisen's failure to pay the
promissory note appended hereto as Exhibit "A", Carter agrees to
pay the City the sum of Five Thousand Two Hundred Fifty Dollars
($5,250.00), in the following manner:
(a) One Thousand Eight Hundred Fifty Dollars
($1,850.00) payable at the time that this agreement is executed.
(b) Eight Hundred Fifty Dollars ($850.00) on or before
May 20, 1985.
(c) Eight Hundred Fifty Dollars ($850.00) on or before
June 20, 1985.
(d) Eight Hundred Fifty Dollars ($850.00) on or before
July 20, 1985.
(e) Eight Hundred Fifty Dollars ($850.00) on or before
August 20, 1985.
2. At the time of the last Eight Hundred Fifty Dollar
($850.00) payment on or before August 20, 1985, the City will:
(a) Void, retire and return to Mr. Carter the original
promissory note appended hereto.
2
(b) Provide Carter with executed subdivision and condo-
minium approvals, duly executed by the City.
(c) Issue a final certificates of occupancy for Units 1
and 2, BOO Bonita Drive.
3. Upon full payment of the total sum of Five Thousand Two
Hundred Fifty Dollars ($5,250.00), the City agrees that all park
dedication fees to be assessed against the Carter condominiums
arising out of Building Permit No. 2B5-79, issued on October 26,
1979, shall be deemed to have been paid in full and there will be
no liability therefor on the part of Carter, Eisen, or Tom Kane,
or the subject premises, and that the outstanding lien shall be
deemed satisfied and released by the City.
4. It is fully agreed and understood that Carter's failure
to make any of the payments set forth in Paragraph 1 in a timely
fashion, shall entitle the City to resort to its remedies for col-
lection of the park dedication fee and/or the promissory note,
which rights are reserved by the City pending its receipt of the
total sum of Five Thousand Two Hundred Fifty Dollars ($5,250.00);
prov ided, however, that in any such action a cred it for the
amounts so paid and received by the City shall be acknowledged.
5. The parties declare and represent that no promise,
inducement or agreement not herein expressed has been made and
that this agreement contains the entire understanding of the par-
ties hereto and that the terms hereof are contractual and not mere
recitals.
6. By this stipulation and compromise the City admits to no
error in the original calculation of the park dedication fee as
represented by the promissory note and that this agreement is made
in compromise and settlement of the disputes between the parties
hereto.
Dated: --LL ~/L-
, 19B5.
CITY OF ASPEN, COLORADO
f} i!tvu'v/V
n Carter
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,Promissory Note
10,500
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FOR VALU E RECElV ED. ........ promise to p~y-to the order of ...~.~.!:y....~.~...~.~.p.~.~.....................
.............................................................................................................................................................................................
llle prindp.ll sum of ...!.~!.1...'E!:.?~.:>.~!.1.~...~.~::.~...~~~.9:F~.g.................................................DOL LA I~S
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the r~te or.....k!Jg~J.?.L.. 'if per annum: principal and interest shall be payable in the following manncr:
All principal and interest callE'd for herein shall be oaid
in full upon issuance of a certificate of occupancy of" the
new duplex to be constructed uncer permit #285-79 as shown
on the plans filed with the Building Inspector's Office,
Aspen, Colorado, with respect to 800 Bonita Drive, Lot 21,
Block Filing 1, West Aspen.Subdivision, Aspen, Colorado.
The maker ... shall have the right to make prepayments in rny amount at ~ny time.
. .
F,lilure to P:IY wheli due any installment of prindpal or intercst. or any part thereot'. shall ca~ISl'
this entire note to become due and eolleetibk at once at th.: option of the holder hl'reof. in which
ease ,lcClued interest and principal shall. from and after thc datc of such dd"ault, bear inten:sl ,It
(12) b:lel~.e...........,'i! per annum. In the event this note be collected by an attorncy. by suit or otherwisl'.
maker ... agrl'l' ... to PilY iI reasonable attorney's fcc. -
Thc m,lkers, endorsers, suretics and gUilrantors of this IlOtl' sl'verally waive presentmcnt for
paymcnt, notice of non-paym~nt. protest. and notice of protest.
nlls PROMISSORY NOTE IS .\IN....SEC'URED
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Ed Eisen
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Reception No.
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Loretta Banner, Recorder
July 11, 1980
Recorded at 2:28 P.M.
_391 i~cE570
STATEMENT OF EXEMPTION
FROM THE DEFINITION OF SUBDIVISION
WHEREAS, CARTERS' VENTURE is the owner of a parcel of
land located in Pitkin County, Colorado, more particularly
described as :
Lot 21
West Aspen Subdivision
Filing #l
County of Pitkin
State of Colorado
WHEREAS, the applicant has an existing duples located
on said property, and
WHEREAS, applicant has requested an exemption from the
definition of subdivision for the purpSoe of subdividing the
existing duplex through condominiumization, and
WHEREAS, the Aspen Planning
its meeting held I1'PRfL 22,
an exemption from the definition
and recommended that the same be
and Zoning Commission, at
, 1980, determined that
of subdivision is appropriate
granted, and
WHEREAS, the City Council determined that the subdivision
of the existing duplex through condominiumization is not within
the intent and purpose of the subdivision ordinance set forth
in Chapter 20 of the Aspen Municipal Code,
THEREFORE, the City Council of Aspen, Colorado does hereby
det~rmine that the proposed subdivision of the duplex located
on said property by its condominiumization is not within the
intents and purpose of the subdivision ordinance and does,
for such reason, grant an exemption from the definition of
such action,
PROVIDED, HOWEVER, that the foregoing exemption is
conditioned upon compliance with the option/notice/right of
first refusal/ lease term/ time to locate other housing provisions
of Sec. 20-22 of the Municipal Code.
PROVIDED, FURTHER, that the foregoing exemption is conditioned
upon applicant's agreeing to join in any improvement district
for construction of street improvements (including curbs, gutters,
sidewalks) on Bonita Street or to reimburse the City directly
if it should choose to construct these improvements without
formation of such a district, and applicant's agreeing to
join any improvement district for future drainage and under-
ground utilities improvements.
Date: ~-'7- F'
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Herman Edel
I, Kathryn S. Koch, do hereby certify that the foregoing
Statement of Exemption from the Definition of Subdivision was
considered and approv~~ :he Aspen City Council at its
regular meeting held ~ /tfG. , 1980, at which time
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Mayor, Herman Edel, was authorized to execute the saroeon
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behalf of the City of Aspen. .' OJ'';'' U .0,)
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Kathryn S Koch, City Clerk
STATE OF COLORADO
COUNTY OF PITKIN
The foregoing was
~ ' 1980 by
person y known to me
of the City of Aspen.
wi tness my hand
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acknowledge before me this ~ay of
Kathryn S. Koch and Herman Edel,
to be the Mayor and City Cler, respectively,
My Commission expires:
and official seal.
l~y Cornmis,ion expires January 29, 1984
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Notary Public ~
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