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HomeMy WebLinkAboutcoa.lu.ex.Dittmar,Lot 16 -.. - -, -r C','" Recorded 2:10 PN Jl'- , 16 1979 Reception # 21636 Loretta Banner Recorder " STATEMENT OF EXEMPTION gCl8K~H2 "~L:lfjI5 FROM THE DEFINITION OF SUBDIVISION WHEREAS, GERMAN DITTMAR is the owner of a parcel of land located in Pitkin County, Colorado, more particularly described as Lot 16, Block 1, pitkin Mesa Subdivision WHEREAS, there is an existing duplex located on said property, and WHEREAS, applicant has requested an exemption from the definition of subdivision for the purpose of subdividing the existing duplex through condominiumization, and WHEREAS, the Aspen Planning and Zoning Commission, at its meeting held June 5, 1979, determined that an exemption from the definition of subdivision is appropriate and recommended that the same be granted, and WHEREAS, the City Council determined that the subdivi- sion of the existing duplex through condominiumization is not within the intent and purpose of the subdivision ordinance set forth in Chapter of the Aspen Municipal Code, THEREFORE, the City Council of Aspen, Colorado does hereby determine 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. Dated this /3~day of ~ ' 1979. -' ..I- '-:;. ."_', ',:"/0: ::'/~..-~~,/,~:~"" ,','{" ,:l'"' " IJ, ..l." J.-,'''' I, Kathryn S. Koch, do hereby certify that ~~~!~i8i:~~ing Statement of Exemption from the Definition of Subdivision WqS~' considered and approved by the Aspen City Council at its regular meeting held June 25, 1979, at which time the Mayor, Herman Edel, was authorized to execute the same on behalf of the City of Aspen. dl'I''''' ". ,,\\' ,."" \ "".:.1 t IJ)" '-:. ..>..".....':.~~ ,- .' . . . . ' - : "~'''1_''l~,' "'" . :'~ . ~, ..,'.~,.'J: - ". . '" '< :~, ' , .. ~ ,', H " ""'''<11 P.DOK3"'2 I^GlU76 STATE OF COLORADO ss. COUNTY OF PITKIN OThe foregoing was acknowledged before me of ~ ~ ~ ,1979, by Herman Edel, Mayor, and Koch Cit~lerk, both of the City of Aspen. this I ~J'Lday Kathryn S. Witness my hand and official seal. My commission expires: ~;I~3J~ \,~ \ \ \11I:!!!!";, IiI, \'\"_\_(';"\O~ ::1,) ::.- , .:._~'~:-.<~::..:~.......~....~~. ':<> .- ~ ~. --n" '.- ~",:{\\.", ,',!." ~ : \) >-- J.~! Po:. - :.' ....,'--.I"'__(r_ . ::::: ,..-::;., ~ ~ :" =:: ..,'1-..\. ::::: 'J \'):" :'": '1-. "'I"'.:'''~.:'::''~~~:''t~_:~~' "" '.r"-/"\"/iJ-;1r~\j . \.\"., ..-/..-, . ~ .- \'\\ //IIIIIJHHlI\\\\ \ -2- MEMORANDUM TO: FROM: RE: DATE: Aspen City Council Richard Grice, Planning Office Dittmar - Subdivision Exemption June 13, 1979 The attached application requests subdivision exemption for the condominiumiza- tion of an existing duplex owned by Billy Dittmar which is located in the Pitkin Mesa Subdivision. In addition to the application you will find in your packet letters from the owner and the tenant addressing the housing aspects of the request. The upper unit has been occupied by the owner, Billy Dittmar, and the lower unit has been occupied by Mr. Dan Oas for the last 19y, months. The letter indicates that Mr. Oas does not desire to occupy the unit after the expiration of his lease. In any event, the rental of the unit has not historically fallen within the low, moderate or middle income housing guidelines. The application was referred to Ron Stock, City Attorney, who comments as follows: "I have reviewed the application for the Dittmar Subdivision Exemption and recommend approval provided that the property is deed restricted to grant the existing tenants the right of notice if the unit is offered for sale and granting to the tenants a 90 day option to purchase as well as a 90 exclusive right of first refusal. Furthermore the property should be deed restricted to a six month minimum lease term with no more than two shorter tenancies in any calendar year." Dave Ellis of the City Engineering Department has commented, "After reviewing this application, the Engineering Department recommends approval with only one comment, and that is, that the legal description for the block should include the block number since there are two blocks in the Pitkin Mesa Subdivision." The legal description should indicate Mr. Dittmar's duplex to be in block "1". This application was reviewed by the Planning and Zoning Commission at their regular meeting on June 5th, 1979, at which time they recommended your approval subject to the conditions outlined by the City Attorney and the City Engi neer. APPLICATION FOR EXEMPTION FROM SUBDIVISION REGULATIONS Request is hereby made on behalf of G. Dittmar, hereinafter referred to as Applicant under Section 20-19 of the Aspen, Colorado, Subdivision Regulations, for exemption from the definition of the term "Subdivision" with respect to the real property described as: Lot 16 Pitkin-Mesa 1195 Cemetery Lane It is submitted that an exemption in the case would be appro- priate. The application involves subdivision of an existing duplex. A subdivision of one (1) lot with a duplex on it creates condi- tions whereby strict compliance with subdivision regulations would deprive the Applicants of the reasonable use of their land. If an exemption is granted, the owners of the property will have a common interest in the land; and there will be a condominium declaration and maintenance 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 subidivision 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. Page 2 -' Application for Exemption " The Applicants would appreciate your consideration of this application at your next regular meeting. , BY: ~. ~..... ~TMAR Zt5'-,L4 of March, 1979. Dated This March 29, 1979 City of Aspen Planning Commission Aspen City Council Condominiumization Request Address Per Ordinance No. 53 & 39 This is a request for condominiumization of an existing Duplex at 1195 Cemetery Lane. An improvement survey is included. Responses to the requirement of Sec. 20-22 Condominiumization follows. 1. Notice to Existing Tenants has been carried out. See enclosures. 2. Lease Restrictions. A 24 month minimum lease is now in its 19th month of existence. See Tennants Statement. 3. A proval will not reduce the suppl of low and moderate income hous1ng. One un1t appra1ses at $18 ,000 and is presently occupied by owner. Second unit is presently long term rented for $950 plus utilities. Therefore, low or moderate housing is not applicable. 4. Evidence that existing rent will not increase. Existing and future leases have no provisions for rent increases other than inflationary compensation. 5. Evidence that tenant does not wish to exercise option or right of first refusal. See Tenant's statement. 6. Perspective purchaser. Units are located in a pre- dominately residential area which is definitely not tourist or absentee owner orientated and rather con- sists of local - small business operators. A future sale would most probably cater to this section of the community. There is no prospective buyer at this time. Respectf~ ~ubmitted, cY'C~ G. Dittmar Enclosures Tenant's Statement. March 23, 1979 Aspen City Council Aspen, Colorado Dear Sirs, In regard to my tenancy at the lower half of a duplex at 1195 Cemetery Lane. I am living at that address for the last 19-1/2 months and I am holding a long term lease which calls for $950.00 a month rent plus utilities. I am aware that my landlord, G. Dittmar, desires to condominiumize the above property and also acknowledge that I have certain rights under City of Aspen Ordinance 53 and 39. I herewith specifi- cally wish to express that I have no intent to excerise my first right of refusal as per Ordinance 53 and 39, Section 20-22-C-5 or any other benefits granted under Ordinance 53 and 39. I am operating a small business which is mainly down valley oriented due to that fact, I am looking forward to move to a new location which is more conveniently located, and expira- tion of my lease at 1195 Cemetery Lane. Hoping this clearifies my tennant/landlord relationship with Mr. Dittmar and to address arising questions as per Ordinance 53 and 39 satis- factorily. """" ........ MEMORANDUM TO: FROM: . Aspen Planning and Zoning Commission RE: Richard Grice, Planning Office Dittmar - Subdivision Exemption DATE: May 22, 1979 The attached application requests subdivision exemption for the condominium- ization of an existing duplex owned by Billy Dittmar which is located in the Pitkin Mesa Subdivision. In addition to the application, you will find in your packet letters from the owner and the tenant addressing the housing aspects of the request. The upper unit has been occupied by the owner, Billy Dittmar, and the lower unit has been occupied by Mr. Dan Oas for the last 19y, months. The letter indicates that Mr. Oas does not desire to occupy the unit after the expiration of his lease. In any event, the rental of the unit has not historically fallen within the low, moderate or middle income housing guidelines. The application was referred to Ron Stock, City Attorney, who comments as follows, "I have reviewed the application for the Dittmar Subdivision Exemption and recommend approval provided that the property is deed restricted to grant the existing tenants the right to notice if the unit is offered for sale and granting to the tenants a 90 day option to purchase as well as a 90 exclusive right of first refusal. Furthermore, the property should be deed restricted to a six month minimum lease term with no more than two shorter tenancies in any calendar year." Dave Ell i s of the City Engi neeri ng Department has commented, "After revi ewi ng this application, the Engineering Department recommends approval with only one comments, and that is, that the legal description for the block should include .' ~ block number since there are two blocks in the Pitkin Mesa Subdivision." ~I~lf \ Subject to the conditions described by Dave Ellis and Ron Stock, the Planning Office recommends approval of the Dittmar Subdivision Exemption. V~2 - L>[S]', ~.s ~ ~ -h G:> ~/'~ (I~'. .Q.a.4Z ()^~~r{oll~~k ~h ~-~l ... '"3LoeY - M E M 0 RAN DUM FROM: RICHARD GRICE, PLANNING DAVE ELLIS, CITY ENGINEER ~ May 9, 1979 TO: DATE: RE: Subdivision Exemption (Dittmar) - Lot 16, Block 1, Pitkin Mesa After reviewing this application, the engineering department recommends approval with only one comment, and that is, that the legal description for the project should include the block number since there are two blocks in the Pitkin Mesa Subdivision. jk ,--,--, ~--..,-,_.-"~~ ''',-..----~-'~,""~-_..~~',,,. CIT PEN MEMORANDUM DATE: April 20, 1979 TO: Richard Grice FROM: Ron Stock RE: Dittmar Subdivision Exemption I have reviewed the application for the above-described sub- division exemption and I recommend approval provided the property is deed restricted to grant to the existing tenants the right to notice if the unit is offered for sale and granting to the tenant a 90-day option to purchase as well as a 90-day exclusive right of first refusal. Further, the property should be deed restricted to a six-month minimum lease term with no more than two shorter tenancies in any calander year. RWS:mc .- '-" -- , MEMORANDUM TO: Dave Ell is, City Engi neer Ron Stock, City Attorney FROM: Richard Grice, Planning Office RE: Dittmar Subdivision Exemption DATE: April 17, 1979 Attached please find application for subdivision exemption for a duplex located on Cemetary Lane. This item is tentatively scheduled to come before the Aspen Planning and Zoning Commission on Tuesday, June 5,1979. I will, however, be out of town during the week of May 28th and request that your written comments be received by me no later than Monday, May 21,1979. If you cannot meet this deadline, please advise me immediately. Thank you.