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HomeMy WebLinkAboutcoa.lu.ex.Detweiler, Lot 11 West Aspen " ... e' o Recorqfd at 1:08PM Feb# .dry 19, 1980 Loretta Banner Rec~.ier Reception NO. 2;~ZC ~.O Ii il ilG[jK JtiJ il,C 98,' I I STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION WHEREAS, F. A. DETWEILER (hereinafter referred to as : "owner") is the owner [Aspen, pitkin County, of a parcel of land located in the City of Colorado, more particularly described as Lot 11, West Aspen Subdivision, Filing One, on which there is situate an existing duplex, and WHEREAS, owner 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 on the /;1 day of ~ ,191t!, determined that an exemption from the definition of subdivision is appropriate and recommended that the same be granted, and WHEREAS, the City Council of Aspen, Colorado, has deter- mined that the subdivision of the existing duplex through condo- miniumization is not within the intents and purposes of the sub- division 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 duplex located on Lot 11, West Aspen Subdivision, Filing One, City of Aspen, pitkin County, Colorado, by its condominiumization is not within the intents and purposes of the subdivision ordinance and does, for such reason, grant an exemption from the definition of such action subject to the following: 1. Any existing tenant shall be given written notice in the event that tenant's unit is offered for sale, which notice shall specify the sales price. Each tenant shall have an exclusive non assignable right for the ninety (90) days II ".li-"~"" II 'I I . Ifollowlng ()!.lJ' ,'iI,. WOK tJU p~{. ~U the tenant's receipt of the notice to purchase his/her unit at the price specified in the notice, 2. Each tenant shall have a ninety (90) day exclusive non assignable right of first refusal to purchase his/her unit, which shall commence when a bona fide offer is made by a third person and accepted by the owner and notice of i the offer and acceptance and a copy thereof have been delivered to the tenant. In the event this notice of offer and acceptance is delivered to the tenant while the ninety (90) day right set forth in paragraph one ('I) above is still in effect, the tenant may purchase the unit for the amount of the initial specified sales price or the amount of the bona fide offer, whichever is less. 3. Both units of the duplex shall be restricted to six (6) month minimum leases with no more than two (2) shorter tenancies per Dated year. this 1.J~ay of , 19~. . C ..' '..-. -f.:.., ' :>'l. .~~ ~ ~I~ttest: ';,l"~h~ 4~/ I .... -2- np_". Reception nO. i ii I Recorded at 1:07PM February 19, 1980 Loretta Banner Recorder :222(' : 9 r)!.lJO' U'l.l4e BUUK tJLJ rt,c\~ \JU DECLARATION OF COVENANTS F. A. DETWEILER (hereinafter referred to as "covenantor" for himself and his successors and assigns hereby covenant with I' the I City of Aspen, Pitkin County, Colorado, that: 1. Covenantor is the owner of the following described real property together with the improvements thereon: ILot 11, West Aspen Subdivision, Filing One, situate in the City of Aspen, Pitkin County, Colorado (hereinafter referred to as the "property"). 2. At the time either of the units of the duplex situate on the above described property is offered for sale in whole or in part, the tenant, if any, of the unit offered for sale shall be given written notice of the owner's intent to sell the property together with the sales price sought. The tenant shall have an exclusive non assignable right for the ninety (90) days following the receipt of the notice to purchase the unit sought to be sold at the price specified in the notice. 3. In the event a bona fide offer to purchase a unit of the duplex is made and accepted by the owner of the unit, the tenant, if any, of that unit shall have a ninety- (90) day exclusive non assignable right of first refusal to purchase the unit, which ninety- (90) day period shall commence when notice of the offer and acceptance and a copy thereof have been I delivered to the tenant. In the event this notice of offer and acceptance is delivered to the tenant while the ninety- (90) day right set forth in paragraph two ('12) above is still in effect, the tenant may purchase the unit for the amount of the initial specified sales price or the amount of the bona fide offer, whichever is less. , ~ :' . ... .,.... ~ -, . ""~. ',,' ~ '..~ (, " '" :1 WOK JC}J lAC 985 I I Ito six- 4. Both units of the duplex shall be restricted (6) month minimum leases with no more than two (2) shorter tenancies per year. 5. Unit #2 of the duplex is hereby rent restricted land shall not be rented for a rental amount greater than three hundred ninety dollars ($390.00) per month, subject, however, to increases as permitted by the City of Aspen Housing Authority as dictated by increases in the cost of living. 6. The covenants contained herein are to run with the land and shall be binding on the covenantor, his successors and assigns and all persons claiming under them for a period of three (3) years. IN WITNESS WHEREOF, this declaration has been duly executed this 611, day of J~~, 1980. ~~R STATE OF COLORADO ) ) ss. ) COUNTY OF PITKIN "j.e '..f::h \\f.'P/'I..J1",,", Acknowledged, subscribed and sworn to before me this day of ~~ ' 1980, by F.A. DETWEILER. 'My commission eXPire~ 1d"J !'7f~, Witness my hand and official seal. ('"r',. \. . -/' -j ..... ..', '/ n' '. \~ Ie lIt c. ~,4 Notary Public (~ .;~ "~0~ ( . ",,,,,,,,,,''' ACCEPTED AND APPROVED: THE CITY OF ASPEN ,A'".' .0 Z?/~ - HE'. N EDEL, Mayor CF ..{ ~ Attes';t :. "/- ; J~L.. ) ,d du. (' , "..~ City Clerk " ,ii','"~ -2- , "".J MEMORANDUM TO: FROM: RE: DATE: Aspen City Council Planning Office, Richard Grice Detweiler - Subdivision Exemption April 23, 1979 The attached application requests subdivision exemption for the condomiumization of a duplex located on Lot 11, West Aspen Subdivision. Also in your packet you will find a letter from Gideon Kaufman which addresses the effect of the proposal on the low, moderate and middle income market. The Detweilers have occupied one half of the duplex for seven of the nine years that they have owned the building. The other half of the duplex has been occupied by the Glen Kramer family since its construction in 1970. The Kramers are family friends to whom special courtesies were afforded during their tenancy which would not have been granted to anyone else. Technically, one half of the duplex, the Kramers unit, is within the low, moderate and middle income housing pool. Ron Stock has reviewed the application and comments as fo 11 ows: "I have no objecti on to. the approval of the Detwei 1 er subdivision exemption provided that the property is deed restricted to comply with the notice and option provisions of Section 20-22; that the property is restricted to six month minimum leases with no more than two shorter tenancies per year, and that at least one unit is restricted in both price and occupancy limitations. The price and occupancy limitations may be negotiated so that they apply to the property for a period of time less than fiv~ years." Dan McArthur, Ass i stant Ci ty Engi neer, stated that: "After havi ng revi ewed the improvement survey for the Detweiler subdivision exemption and having made a site inspection, the Engineering Department recommends that the exemption be granted approval (without condition)." The application was reviewed by' the Aspen. Planning and Zoning Commission at their regular meeting on April 17, 1979. At that time they recommended your approval be conditioned upon a deed restriction being ~dded to the deed to comply with the notice and option 'requirements of Section 20-22, that the property be restricted to six month minimum leases with no more than two shorter tenancies per year, and that one unit be restri cted for a three year peri od with regard to price and occupancy 'limitations and furthermore, that. the present rental price shall be considered as the base and increases in that price will be allowed according to the annual PMH adjustment. We recommend you approve the subdivision exempti~n as outlined by the Aspen Planning and Zoning Commission. ,.-'.... "'" "-" MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Richard Grice, Planning Office Detweiler Subdivision Exemption RE: DATE: April 12, 1979 The attached application requests subdivision exemption for the condomiminium- ization of a duplex located on Lot 11, West Aspen Subdivision. Also in your packet you will find a letter from Gideon Kaufman addressing the effect of the proposal on the low and moderate income housing market. Technically, one half of the duplex, the Cramers unit, is within the low, moderate and middle income housing pool. Ron Stock has reviewed the application and comments as follows: "I have no objection to the approval of the Detweiler Subdivision Exemption provided that the property is deed restricted to comply with the notice and option provisions of Section 20-22, that the property is restricted to six month minimum leases with no more than two shorter tenancies per year, and that at least one unit is restricted in both price and occupancy limitations. The price and occupancy limitations may be negotiated so that they apply to the property for a period of time less than five years." Dan McArthur, Assistant City Engineer, states that, "After having reviewed the improvement survey for the Detweiler Subdivision Exemption and having made a site inspection, the Engineering Department recommends that the exemption be granted approval (without condi ti on). " Subject to the conditions outlined by the City Attorney, the Planning Office recommends approval of the Detweiler Subdivision Exemption. efT MEMORANDUM DATE: March 26, 1979 TO: lee FROM: rtO ~tOCk....J Detweiler Duplex Condominiumization HE: I have no objection to the approval of the above-entitled subdivision exemption provided that the property is deed restricted to comply with the notice and option provisions of Section 20-22, that the property is restricted to six- month minimum leases with no more than two shorter tenancies per year, and that at least one unit is restricted to both price and occupancy limitations. The price and occupancy limitations may be negotiated so that they apply to the property for a period of time less than five years. RWS:mc ,...... ,..... CITY OF ASPEN l:{ 0 south galena aspen, colorado street 8]611 MEMORANDUM TO: FRml: DATE: RE: Richard Grice, Planning Daniel A. McArthur, Assistant City Engineer March 23, 1979 Subdivision Exemption Request for Detweiler, Lot 11, Filing 1, West Aspen After having reviewed the improvement survey for the above project and having made a site inspection, the Engineering Department recommends that the exemption be granted approval. DAM/pr cc: Gideon Kaufman << . roo ,-,.P APPLICATION FOR EXEMPTION FROM SUBDIVISION REGULATIONS Request is hereby made on behalf of Fay and Pat Detweiler (hereinafter referred to as "applicants") under ~20-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 11 West Aspen Subdivision Pitkin County Colorado, It is submitted that an exemption in this case would be appropria te. The application involves subdivision of an existing structure, A subdivision of a lot with a duplex on it creates conditions whereby strict compliance with the subdivision regulations would deprive the applicants of 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 either a condominium declaration or use and occupancy agree- ment 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 population, to coordinate the need for public services 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 . T ~ ....."~,., 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 population density for the property. A follow-up letter will be submitted con- cerning the proposed condominiurnization's compliance with the new condominiurnization ordinance. The applicants would appre- ciate your consideration of this application at your next regular meeting. Dated: February 21, 1979. G~B.tlan Attorney for Applicants -2- .~~ MEMORANDUM TO: Dave Ellis, City Engineer Ron Stock, City Attorney FROM: Planning Office, Richard Grice RE: Detweiler Duplex Condominiumization DATE: March 6, 1979 Attached is an application for condominiumization of a duplex in the West Aspen Subdivision owned by Fay and Pat Detweiler. May I please have your comments on this application by Tuesday, March 27, 1979 so that I may present this application to the Aspen Planning and Zoning Commission at their regular meeting scheduled for Tuesday, April 3, 1979. If you cannot meet this deadline, please contact me immediately at ext. 223. Thank you. GIDEON I. KAUFMAN U<1I>w~ at 'iJ."" BOX 10001 , 280 UTE AVENUE ASPEN, COLORADO 81611 NEW ADDRESS: Box 10001 611 West Main Street Aspen. Colorado 81611 (303) 92!i-B 166 l1arch 1, 1979 Mr. Richard Grice Planning and Zoning Office City of Aspen 130 South Galena Aspen, Colorado 81611 Re: Condominiumization of Detweiler Duplex Dear Richard, I am writing this letter to you on behalf of Fay and Pat Detweiler concerning the condominiumization of their duplex in the City of Aspen. The Detweilers have owned the duplex which they built themselves for over nine (9) years One-half (1/2) of the duplex has served as their primary resi- dence for seven (7) of the nine (9) years that they have owned it. The other half of the duplex has been occupied by the Glen Cramer family since its construction in 1970. The Detweilers have been good friends with the Cramers, and it is this friendship which led to the Cramers' original and continued occupancy of the premises. The Detweilers stuck by the Cramers through a separation, different family members' staying and leaving the duplex and even financial hard times. The rent charged the Cramers has always been minimal. The unit that the Cramer family has been occupying has, therefore, never been within the pool of low, moderate and middle income housing in the traditional sense. It has been occupied solely by a family friend to whom special courtesies were afforded that would not have been granted to anyone else. I think it would be most unfortunate for the city to view the facts that I have conveyed to you in a manner that would severely restrict the Detweilers' ability to sell the unit that the Cramers have been residing in. The Detweilers have reached a point in life where they are contemplating retirement. It is imperative Mr. Grice March 1, 1979 Page Two that they have flexibility in the sale of their primary residence as well as the separate unit that would be created through a condominiumization. If the City feels it imperative to place some restriction on the side of the duplex that the Cramers resided in, I would request that this restriction be for less than five (5) years in light of the Detwei1ers' pending retirement and in view of the facts which surround the rental history of the unit. If you have any questions on this matter, I would be more than happy to discuss them with you. Very truly yours, ~~ Gideon Kaufman GK ch ,... " .' "/ 10"----.-- I I i " ,........ :-L".>;;"-'>L ".-" ,-'-' . f'.. ~ ___1__ __-J.=_~ I I \ 1_______ r. \0<,..1'-'.... D '-./.1,,'(. ...~',.,. ,. ONt: -~ --C ",' ,.,,>' '''j r--- J ".._--_.-;;j~._-_._--- .',-',".' ,4-': ,~''':.' _. c. ~,t_ ~-~. ." . '..,,-. c ~ Lv " ','-~--.:_\-.-- T'Jf~.\ \-./Oc,';.) r\-'J.t~-,,- I\c-,,-,-,,,.F~ ~i (, ::) ;l^; ,~ 2 5'! ~-- . 0--- (:,-jr,J'__ ','" ::,-:.,,' :1 ~ i .;,; "I I:L IE G;; ]I ~ ED , i,,,, ':"'o.':"'__~__i-;-.-;'_''''"''''''- 0"11 <---"O"'-l, I L_.,cc.._.. ..",..J__. 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