HomeMy WebLinkAboutcoa.lu.ex.DuVike-Subdivision.1980DUVIKE (Aspen Leaf Building)
Lot 0, Block 88
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No: 11-80
CASELOAD SUMMARY SHEET
City of Aspen
1. DATE SU3MITTED: mid -May,_ 1980 STA1_F: _SunDj,_Vann
2. APPLICANT:
3. REPRESENTATIVE: Gideon Kaufman 925-PJ3f
4. PROJECT NAME: DuVike Subdivision Exemption �
5. L0CATION: %�` ��/a�-%-_./7/�/��✓��'/rZy—/ �C
6. TYPE OF APPLICATION:
Rezoning _ /Subdivision Stream Margin
P.U.D. Exception 8040 Greenline
Special Review ✓ Exemption View Plane
Growth Management 70:30 Conditional Use
HPC Residential Bonus --Other
7. REFERRALS:
✓ Attorney
Engineering Dept.
Housing
Water
City Electric
Sanitation District
Fire Marshal
Parks
Holy Cross Electric
Mountain Bell
8. REVIEW REQUIREMENTS: lr�Z i(, L
School District
Rocky Mtn. Nat. Gas
State Highway Dept.
Other
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9. DISPOSITION:
P & 7_ Approved Denied Date
Council ✓ Approved
10. ROUTING:
Denied Date
Attorney Building ZEngineering Other
0 *Reception NO.,
Recorded at 3:30PM June 4, 1981 Loretta Banner 23.11276 �-'
Recorder
STATEMENT OF EXEMPTION
FROM U�l(41ll�t��
SUBDIVISION REGULATION !j, E353
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 O, 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 I'd day of Junk. , 19 EO ,
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 containi
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,
..4. r,
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BOOK 409 f �E 354
A.
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by its condominiumization is not within the intents and
purposes 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
cables 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 SIW day of 1981.
i"
HE EDEL, Mayor
I, . -
,ttesb:
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Duvike, the owner of the herein described property,
hereby agrees to the provisions and restrictions contained
herein.
DUVIKE
By
General Partner
v
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
Acknowledged before me this ,,?' day of /�?/� (,� 1981,
.by � eb V iC C luz- i y as general partner of Duvike,
a Colorado general partnership.
Witness my hand and official seal.
My commission expires:
��. Notary Public
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9 0
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: Aspen Leaf Building, Hyman Street Mall, (Lot 0, Block 88
Aspen Townsite)
Lot Size: Approximately 3,009 square feet
Rental History: 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.
Engineering
Comments: Recommends approval subject to the owner/applicant revising
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.
Attorney's
Comments: No comment.
Housing
Director's
Comment: No comment.
Planning Office
Recommendation: Approval subject to the owner/applicant complying with
the stipulations outlined in the Engineering Department's
memorandum dated May 21, 1980.
P & Z
Recommendation: 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."
•
CITY OF ASPEN
130 south galena street
aspenA.colorado 81611
MEMORANDUM
TO: Sunny Vann, Planning Office
FROM: Jay Hammond, Engineering Office
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.
•
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MEMORANDUM
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 I have your
written comments no later than Friday, May 23, 1980. Thank you.
APPLICATION FOR EXEMPTION
FROM
SUBDIVISION REGULATIONS
Request is hereby made on behalf of DUVIKE
(hereinafter referred to as "applicant") under §20-19 (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 O, 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 in 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 §20-19. 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.
1 • 0
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,
k'tiGideon fman
Attorney f r Applicant
-2-
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
LAND USE APPLICATION FEES
County
00100 — 63711 09009 — 00000
Subdivision/PUD
63712
Special Review
63713
P&Z Review Only
63714
Detailed Review
63715
Final Plat
63716
Special Approval
63717
Specially Assigned
City
00100 — 63721 09009 — 00000
Conceptual Application
63722
Preliminary Application
63723
Final Application
63724
Exemption
63725
Rezoning
63726
Conditional Use
PLANNING OFFICE SALES
00100 — 63061 09009 — 00000 County Land Use Sales
63062 GMP Sales
63063 Almanac Sales
Copy Fees
Other
Name: Project:
Address: Phone:_
Check No. Date:
Receipt No. P
TV --APIA,
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