HomeMy WebLinkAboutcoa.lu.ex.Detweiler, Lot 11 West Aspenr Re
at Z:08PM FeAry Z9, Z980 Loretta Banner Recfler Reception N0.Fyn,
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STATEMENT OF EXEMPTION
FROM THE
DEFINITION OF SUBDIVISION
WHEREAS, F. A. DETWEILER (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 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
jexisting duplex through condominiumization, and
WHEREAS, the Aspen Planning and Zoning Commission, at
its meeting held on the �� day of , 1917,
determined that an exemption from the definition of subdivision
Jis 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
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following 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
jhis/her unit, which shall commence when a bona fide offer is
made by a third person and accepted by the owner and notice of
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 (111) 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 year.
Dated this � 19,'� day of ,
l�
HETPUI14AN EDEL, Mayor
r
Attest:
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• . Reception n0.
Recorded at Z:07PM February Z9, Z980 Loretta Banner 22201'?-9
Recorder 22 (�
KjaK36J i'A6
DECLARATION OF COVENANTS
F. A. DETWEILER (hereinafter referred to as "covenantor"
jfor himself and his successors and assigns hereby covenant with
the City of Aspen, Pitkin County, Colorado, that:
1. Covenantor is the owner of the following
described real property together with the improvements thereon:
Lot 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
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 (112) 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.
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4. Both units of the duplex shall be restricted
to six- (6) month minimum leases with no more than two (2)
shorter tenancies per year.
5. Unit #2 of the duplex is hereby rent restricted
and 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 � 71�day of 1980.
,:::. �24
.A. DETWEILER
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
Acknowledged, subscribed and sworn to before me this
day of , 1980, by F.A. DETWEILER.
' tMy commission expire ��� /� �-d
.�� Witness my hand and official seal.
'o Notary Public
ACCEPTED AND APPROVED:
THE CITY OF ASPEN
HERMAN EDEL, Mayor
f 4 r
Atte4't;
r
r City Clerk
Iran
AIN00at wift
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MEMORANDUM
TO: Aspen City Council
FROM: Planning Office, Richard Grice
RE: Detweiler - Subdivision Exemption
DATE: 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 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, stated 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 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 added 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 restricted for a three year period 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 exemption as outlined by the Aspen
Planning and Zoning Commission.
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Richard Grice, Planning Office
RE: Detweiler Subdivision Exemption
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 condition)."
Subject to the conditions outlined by the City Attorney, the Planning Office
recommends approval of the Detweiler Subdivision Exemption.
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CITY OF ASPEN
130 south galena street
aspen, colorado 81611
MEMORANDUM
DATE: March 26, 1979
TO: Richard ice
FROM: :obi Stock
RE: Detweiler Duplex Condominiumization
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
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CITY OF ASPEN
130 south galena street
aspen, colorado 81611
MEMORANDUM
TO: Richard Grice, Planning
FROM: Daniel A. McArthur, Assistant City Engineer
DATE: March 23, 1979
RE: 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
r q
APPLICATION FOR EXEMPTION
FROM
SUBDIVISION REGULATIONS
Request is hereby made on behalf of Fay and Pat
Detweiler (hereinafter referred to as "applicants") 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 11
West Aspen Subdivision
Pitkin County
Colorado.
It is submitted that an exemption in this case would be
appropriate.
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
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 condominiumization's compliance with the
new condominiumization ordinance. The applicants would appre-
ciate your consideration of this application at your next
regular meeting.
Dated: February 21, 1979.
Gideon I. Kaufman
Attorney for Applicants
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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.
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GIDEONN} I.KAUFMAN
BOX 10001 NEW
ADDRESS:
1280 UTE AVENUE Box 10001
ASPEN, COLORADO 81611 611 West Main Street
Ashen, Colorado 81611
(3031 925-81 66
;larch 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
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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 Detweilers' 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
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