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Home My WebLink Aboutcoa.lu.ex.DuVike-Subdivision.1980 / ...... No: 11-80 CASE LOAD SUMMARY SHEET City of Aspen 1. DATE SUBMITTED: 2. APPLI CANT: mid-Mav, 1980 STAFF: Sunnv Vann 3. REPRESENTATIVE: Gideon Kaufman 925~ ~/~?- 4. PROJECT NAME: DuVike Subdivision Exemption 5. LOCATION:~N /64r /";!--/2,I, )fIVAJ/~/7 Lj{U- (jJ7/'; / ~- - I::!l);. C~- .'. A-"~YE;(/ 7Z::.:=:-~/I? - ') / / 6. TYPE OF APPlICATION: __Special Review Growth Manag~ment HPC Res i dent i a 1 Bonus _Stream Margi n 8040 Green 1 i ne View Plane Conditional Use Other P.U .0. __~Subdivision Exception V Exemption 70:30 .- __Rezoning d'N'/ZM//k-X-(/Z177C;^/___ 7. RU ~RRALS: V Mtorney ~ Engi neeri ng __Housing Dept. Sanitation District ---- Fire ~~arshal ~- Parks School District ___Rocky t.ltn. Nat. Gas ___State Highway Dept. ~'id ter __._Ho ly Cross Electl'i c Mountain Bell ----- Other _ __City Electric 8. REV I Evi REQU I REMENTS: I~ ~ d:Y. ~L , - Date &=/9'/Cb '/;:";>;Y $/ b7lc,( /.; I (/CTU/6/:.) //-./ c;"~.(~;;///-~/'v;</c'/~ .L,.E:) Ie" /'-1/"':"/' / ~/'" ': 'I ):/1 ~, II 1# _7 ; >, /' - . I '7(-' / :,. .(1) II ,.< _' '/ c. . l/'C / / /'/ / ~, / '.' // r _ , ,. __ _ " j A'/f'.I//AI/7-/c1ly// r'-'.','".," /'/.,")';C'/j' '.f."" ,- r,,.'} ,,','./ I ~ . ~//", --;r;P/~.-'F"." --: , (_,J>.- .-' c;:::::L/,.' ,: / j( /' ( .. ...-T., .< -r /or <-t77C?/~7l~X /<1 ";.:.,L;A/!'-'c=:"'>///) /7P/ /- >1' " " ./ :,-/ /1 ," //" //),' '" -:::;:,., "'/ /r;;;< (/1--//,-( /' ,."I'..V/,---/\.;.--'-~ ' l. / ~L-/ 9. DISPOSITION: P & z / -~ ~ Y~'7Z'C'---/f//,1,/'-/ .' Approved ~ Denied ~/.. / Council ~ Approved.-L Denied Date ~/;?.5/8J ?c/\CL~7 -=-~~42 KE:CO////a..//74~ / 10. ROUTING: ~AttOl'ney Buil di ng ~Engineering Othe r ,\. , . Recepti on NO. Z33276 '. 4=t- Recorded at 3:30PM June 4, 1981 Loretta Banner Recorder f '/ L.,.': STATEMENT OF EXEMPTION FROM SUBDIVISION REGULATION ~OK 409 li~t 353 I 'I WHEREAS, Duvike, a Colorado general partnership (hereinafter referred to as "owner") is the owner of a parcel of land located in the City of Aspen, Pitkin County, Colorado, more particularly described as Lot 0, Block 88, Aspen Townsite, known as the Aspen Leaf Building situate on the Hyman Street Mall, on which there is situate an existing building containing eight (8) separate spaces and other improve- ments appurtenant thereto, and WHEREAS, owner has requested an exemption from subdivision regulation for the purpose of subdividing the existing building containing eight (8) separate spaces and other improvements appurtenant thereto through condominiumization, and WHEREAS, the Aspen Planning and Zoning Commission, at its meeting held on the 3 rei day of J u n L , 19 -gO, determined that an exemption from subdivision regulation is appropriate and recommended that the same be granted, and WHEREAS, the City Council of Aspen, Colorado, has determined that the subdivision of the existing building containing eight (8) separate spaces and other improvements appurtenant thereto through condominiumization is not within the intents and purposes 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 building containing eight (8) separate spaces and other improve- ments and appurtenant thereto located on Lot 0, Block 88, Aspen Townsite, known as the Aspen Leaf Building situate on the Hyman Street Mall, City of Aspen, Pitkin County, Colorado, -,-- - , !lOOK 409 Pt,GE 354 by its condominiumization is not within the intents and ! ipurposes of the subdivision ordinance and does, for such reason, grant an exemption from the regulation of such action subject to the following: 1. The owner shall underground conduit for electrical I Icables located at the northeast corner of the herein described property from the basement well to the alley and this work shall be completed prior to the sale of any of the individual commercial condominium units. Dated this ~ day of ~ ~ HE - EDEL, Mayor , 1981. --.., Ie ~~tf~s;C : '... ..;' , ~ ~p,.) ..Id~, \ ,/ .' " " ~ j.''- ~' " . I" :':",..... Duvike, the owner of the herein described property, he'reby agrees to the provisions and restrictions contained herein. DUVIKE /) / By ~4~ (.'Zi~!;/ General Pa.' ner STATE OF COLORADO ss. COUNTY OF PITKIN .( '~i':". Affnowledge.d before !by(ji:pebt:: V,Cl:JU'2-1 aGOlqr$qptgeneral partnership. me this..;b-l^- day of as general ;)pJtiJ partner of . 1981, Duvike, ., ....,"/" ;~itrless my hand and official seal. expires: 7/?jJY "" ; \'< 'I " " ~ _ ,'L }x-":'.. ":,:-;. ",\',.. ~" : "J~ ~_: :My c;pmmission -J.', I:" / (' ....4. - .: I .'~ ..' v 'Q ',< " ,,\- , co\.."," ,,"" J4~ if). (JJ ty;/ Notary Public ~ _: ,L) "-, ' - 2 - ~"...-- MEMORANDUM TO: Aspen Planning and Zoning Commission Aspen City Council FROM: Sunny Vann, Planning Office RE: Duvike Subdivision Exemption DATE: May 28, 1980 Zoning: Commercial Core, CC Location: Lot Size: Rental History: Engineering Comments: Attorney's Comments: Housing Director's Comment: Planning Office Recommendation: P & Z Recommendation: Aspen Leaf Building, Hyman Street Mall, (Lot 0, Block 88 Aspen Townsite) Approximately 3,009 square feet The basement and ground floor of this building have traditionally rented as commercial space. The second floor has been utilized for both commercial and resi- dential purposes. The residential units, however, are approximately 330 square feet in size and have rented traditionally for approximately $250 to $350 per month, prices which exceed our housing guidelines. Recommends approval subject to the owner/applicant revlslng and resubmitting their condominium map to include a number of items outlined in their memorandum dated May 21, 1980 and the owner/applicant agreeing to underground conduit for electrical cables located at the northeast corner of the lot from the basement well to the alley. No comment. No comment. Approval subject to the owner/applicant complying with the stipulations outlined in the Engineering Department's memorandum dated May 21, 1980. Concurred with Planning Office recommendation subject to the revision of item 2 of the Engineering Department's memorandum dated May 21, 1980 as follows: "Owner/applicant shall resolve electrical cable problem to the satisfaction of the Engineering Department prior to sale of any indivi- dual condominiumized units." I' ,0' '" CITY 130 s treet 1611 < MEMORANDUM TO: Sunny Vann, Planning Office ,IA Jay Hammond, Engineering Office~ FROM: DATE: May 21, 1980 RE: Duvike Subdivision Exemption, Lot 0, Block 88, O.A.T. Having reviewed the above application for subdivision exemption and made a site inspection, the Engineering Depart- ment recommends the following: 1) That the owner/applicant revise and resubmit the Condominium Map to show the following: A) Indicate the individual condominium units. B) Indicate areas reserved for common use (ie parking area etc.) C) Show all survey monuments found and set, in- cluding L.S. numbers. D) Indicate on-site trash facilities. E) Show individual parking spaces and indicate whether parking will be permitted in front of the walk in cooler. 2) Owner/applicant shall agree to underground conduit for electrical cables located at the northeast corner of the lot from the basement well to the alley. This work must be completed prior to sale of any individual condominiumized units. The Engineering Department recommends approval of the Duvike Subdivision Exemption subject to the owner/applicant complying with the above conditions. MH10RANDUM TO: Dan McArthur, City Engineer Ron Stock, City Attorney FROM: Sunny Vann, Planning Office RE: Duvike Subdivision Exemption DATE: April 28, 1980 The attached is an application for subdivision exemption submitted by DUVIKE for the property known as the Aspen Leaf Building on the Hyman Street Mall. This item is scheduled to come before the Aspen Planning & Zoning Commission on Tuesday, June 3, 1980; therefore, could,l have your written comments no later than Friday, May 23, 1980. Thank you. " . ._.._.._.uu.~..._.._,,_._,^.__,._,~,-,~_"_^. - ~ _._-_......__.._~_.~_.~-_.-.-.---'" ~,..,....,..".--.--"-"~~~._-- j APPLICATION FOR EXEMPTION FROM SUBDIVISION REGULATIONS Request is hereby made on behalf of DUVIKE (hereinafter referred to as "applicant") under S20-l9 (a) of the Aspen, Colorado, subdivision regulations for an exemption from the definition of the term "subdivision" with respect to real property described as Lot 0, Block 88, City of Aspen, pitkin County, Colorado. An exemption in this case would be appropriate. The application involves subdivision of an existing structure. Requiring strict compliance with subdivision regu- lations for the subdivision of a lot with existing commercial space on it creates conditions which will deprive the applicant of reasonable use of land. If an exemption is granted, owners of the property will have a common interest ~n the land; and there will be either a condominium declaration or use and occupancy agreement applicable to the property which will not in any way increase the land use impact of the property. An exemption in this case will not conflict with the intent and purpose of the subdivision regulations which are directed to assist the orderly, efficient and integrated development of the City of Aspen, to ensure the proper distribution of pop- ulation, to coordinate the need for public service and to encourage well planned subdivisions. 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 S20-l9. The building is already in existence, and there will be no change in density, which is presently in line with the desired pop- ulation density for the property. ..,..",-...../-----.....- The building sought to be condominiumized is known as the Aspen Leaf Building located on the Hyman Street Mall. It is situated in the commercial core area and has approximately 6,000 square feet of commercial space. The entire basement will be one commercial space. There are three commercial spaces on the first level and three commercial spaces on the second level. It is quite clear that the condominiumization of com- mercial space is outside of the perview of Ordinance 39. On the third level, however, the uses have been mixed. Both com- mercial and residential uses have existed over the past seven years. The owners feel because of the location and condition of the building that commercial uses are better suited for this particular building. In the past, the upstairs spaces have been rented as part of the commercial space on the main level. This has resulted in uses as diverse as prep kitchen and storage to living quarters. When the building is condominiumized and sold separately, it is the feeling of the owners that all spaces should continue as commercial space which are more suited for the downtown commercial area. This seems to be the logical approach and within keeping of the intent of our condominiumization ordinance as the 330 square foot units have rented for $250 - $350, prices which exceed the housing guidelines. If you have any additional questions, please feel free to contact me. The applicant would appreciate your consideration of this application at your next regular meeting. Dated: Very truly yours, fman r Applicant -2-