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Home My WebLink Aboutcoa.lu.ex.Creative-Mtn-Dev.RiversideSubd.1976I°%16-15-c- 0 CREATIVE MOUNTAIN DEVELOPMENT -- Riverside Subdivision E • • MEMORANDUM TO: Aspen City Council FROM: Planning Staff (HC) RE: Subdivision Exemption - Creative Mountain Development Duplex Condominiumization in Riverside Subdivision DATE: December 9, 1976 This is a request for subdivision exemption by Creative Mountain Develop- ment to condominiumize an existing duplex located on Lots 2, 3, 4, and 5, Block 6, Riverside Addition, City of Aspen. The City Engineer has reviewed the request and has no comments. The Aspen Planning and Zoning Commission reviewed the request on October 26, 1976 and recommended approval. This item was previously considered at the City Council meeting on November 8, 1976 and tabled pending consultation with the applicant regarding six month lease restrictions. On November 17, 1976 the applicant submitted a letter to the Planning Office which offered several solutions to the leasing consideration. The Planning and Zoning Commission, on December 7, 1976 recommended adoption of six month leasing restrictions for the R/MF, 0, and C-1 zone, which includes allowance for two short term leases per year. The Planning Office agrees that these units should be used for long- term occupancy purposes. However, we are not aware of any City Code regulations which at present require six (6) month lease restrictions on residential properties. �I • RONALD GARFIELD ANDREW V. HECHT GARFIELD & HEC= ArroBxST9 AT LAw POST OFFICE BOX 8237 ASPEN, COLORADO 81611 BBOOKE A. PETERHON November 17, 1976 Mr. Hal Clark 130 South Galena Aspen, Colorado 81611 Dear Hal: TzLzrHONs (303) 925.1936 The purpose of this letter is to request that the Riverside Duplex Subdivision exemption be scheduled on the City Council agenda on Monday, November 22, for reconsideration. Since the last meeting the following factors have arisen: 1. The developer has offered a monetary incentive to any broker who sells the remaining duplex unit to a permanent resident (the other unit is already under contract to a permanent resident). 2. A provision has been added to the Declaration of Restrictions requiring that the unit be used as a single-family dwelling. 3. It appears that there is some consensus among the residents of Riverside Subdivision that this development should not be subjected to a more stringent restriction concerning short-term rentals than the surrounding residences. In this regard, the developer will be willing to waive any objections to joining with all other residents of the Riverside Subdivision to voluntarily impose a similar restriction to the one suggested by the City Council; and further the developer will waive any rights he may have to contest a zoning change that would impose such a restriction on the entire neighborhood. At the November 22nd City Council meeting, we would like to urge the Council not to single out this applicant for treatment different from the surrounding residences. Thank you for your cooperation. Sincerely, ANDREW V. HECHT AVH:js MEMORANDUM TO: Aspen City Council FROM: Planning Staff (HC) RE: Subdivision Exemption - Creative Mountain Development Duplex Condominiumization DATE: October 28, 1976 This is a request by Creative Mountain Development for a subdivision exemption to condominiumize an existing duplex located on Lots 2, 3, 4 and 5, Block 6, Riverside Addition, City of Aspen. The City Engineer has reviewed the request and has no comments. The Aspen Planning and Zoning Commisson reviewed the request on October 26, 1976, and recommended approval. The applicant is unwilling to lirlit the use of the building for a requirement for minimum six (6) month leases. The Bark was paid at time of._buildin� ep rmit. The Planning Office recommends approval of the request. CJ CREATIVE MOUNTAIN DEVELOPMENT CO. P. 0. Box 4949 Aspen, Colorado 81611 October 7, 1976 APPLICATION FOR EXEMPTION Pursuant to Section 20-19 of Chapter 20 of the Municipal Code of the City of Aspen, Creative Mountain Development Company, a Colorado Corporation, hereby applies for an exemption from the definition of the term "Sub- division" with respect to the real property described as: Lots 2, 3, 4 and 5, Block 6 Riverside Addition City and Townsite of Aspen, Pitkin County, Colorado. The applicant sumbits that the exemption in this case would be appropriate. The application involves subdivision of an existing duplex. The owners of the property will be tenants -in -common and there will be a declaration of restrictions applicable to the property and does not in any way increase the land use impact of that property. The applicant submits that such an exemption in the instant case would not conflict with the intent and purpose of the subdivision regulations which are directed to assist, among other things, 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. They are directed to considerations of subdivision design and improvements and to restrict such building where it is inappropriate after considering its land use impact. In the present application those decisions cannot be made as the building exists, and the density would not effect the prevailing contemplated or desired population density on this property. We would greatly appreciate your consideration of this matter at your next regular meeting. Sincerely, CREATIVE MOUNTAIN DEVELOPMENT CO. Nick Coates President NC: jg PETITION % THE UNDERSIGNED, being property owners and/or l residents of the vicinity of Lots -O Z #3 1t 4y � 57 — RIVERSIDE ADDITION to the City of Aspen do hereby Petition the Aspen City Council and Aspen Planning & Zoning Commission to withhold approval of the subdivision of the improvements thereon by condominiumization and the use of the above described property for short term tourist rental purposes, and state their reasons therefor as follows: 1. That the short term rental would congest already inadequate rights of way in the area. 2. That the neighborhood is, and always has been, residential in nature, there being no tourist use or occupancy therein, and that the proposed use would constitute an encroachment into that residential use. 3. That the permitting of short term rentals in the neighborhood would be the allowance of a commercial use in derogation of the City of Aspen's zoning ordinances, and in effect "spot zoning". 4. That the allowance of short term rentals in the neighborhood would result in the granting of a special privilege or franchise not shared by others similarly situated. 5. That the allowance of short term rentals in the neighborhood would adversely affect the values of the adjacent and nearby residential properties. 1►i_MM ADDRESS NAME ADDRESS 0 G 1C%�EA SST. DV^.G�"7C 117�) C2-C1E49�P:313)Fi 1 1/G�/7E 1 1 � �- I C;w IFi�iRNCZ CS.F 7144929721 TDR"J SAPS- CLCo .'ENT% CA 33 1 1-0CCS T F''IS THOMAS NARSHALL, 7)LR 300 RIVERSIDE AVE A ;FEN CO 8161 1 IN REGARDS TO iECI1FST BY 'SICK COATES TL DEVICE AND, USE FCR SFiGRT TFRtr RENTAL Dll LEX Ct,' RIVERSIDE' AVENUi. ',k£ Ai E AGAINST 4, ILL RUIN NEIoFBORHCCD CONSIDER OUR NA:1+E- CP FETITICP AGAINST THIS RE(.UEST T140MAS ARD DOPIS MERRILL NNPJN�� - 2 - N N CREATIVE MOUNTAIN DEVELOPMENT CO. P. 0. Box 4949 Aspen, Colorado 81611 October 7, 1976 APPLICATION FOR EXEMPTION Pursuant to Section 20-19 of Chapter 20 of the Municipal Code of the City of Aspen, Creative Mountain Development Company, a Colorado Corporation, hereby applies for an exemption from the definition of the term "Sub- division" with respect to the real property described as: Lots 2, 3, 4 and 5, Block 6 Riverside Addition City and Townsite of Aspen, Pitkin County, Colorado. The applicant sumbits that the exemption in this case would be appropriate. The application involves subdivision of an existing duplex. The owners of the property will be tenants -in -common and there will be a declaration of restrictions applicable to the property and does not in any way increase the land use impact of that property. The applicant submits that such an exemption in the instant case would not conflict with the intent and purpose of the subdivision regulations which are directed to assist, among other things, 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. They are directed to considerations of subdivision design and improvements and to restrict such building where it is inappropriate after considering its land use impact. In the present application those decisions cannot be made as the building exists, and the density would not effect the prevailing contemplated or desired population density on this property. We would greatly appreciate your consideration of this matter at your next regular meeting. Sincerely, CREATIVE MOUNTAIN DEVELOPMENT CO. Nick Coates President NC: 3 9 00 00 6�T-0 r �� MEMORANDUM TO: Aspen RIanning-CammiGGion FROM: Planning Staff (HC) RE: Subdivision Exemption - Creative Mountain Development Duplex Condominiumization DATE: October 2'f, 1976 This is a request by Creative Mountain Development for a subdivision exemption to condominiumize an existing duplex located on Lots 2, 3, 4 and 5, Block 6, Riverside Addition, City of Aspen. The City Engineer has reviewed the request and has no comments. The Planning Office recommends approval of the request sx�-ta t t l Qoe ��iE'9e-��bl�E�-t-�Ei6 €g g�g.�,; 4Fii month narinrlc, '�'fi. r'� ""us a is " ��. K .. ^ '.• v�i+r , r -y .,'�. �:� `?i v ik+o: i! ;t • . ,, _ ,r, v. � � - �+�- - c Aga -. �•� -- � - i R -. i} " � .. ,� f • �k.4 rk'y��`- .'�,j < :,� r-,.��w.. r-4�iiS� '.F �� T.1�. -1�• � �' .�E - -�I w :y„ 1uY t �,a T - � ••^ i fir fir. .. '�.. y ► y _ ,. >I :( J � - .. `#e, � �.�.; ems:• ,, z tg'� � k Y �+^' �`.i � '�O ^''�.�,;, :['?i'r.'tiT`F" r:'' -.+4 _1 '. '': ti", .h �.: � �_` �` Y• r`7 i.r.T :s�S M ��•Y L��:.._r'�Yi��- � �+�.'y� •t �� '�}�,�� ;�,d,G��r. �{:. "�v,�� r�' r ��- v-�. F ♦ �. ni .t *�:V w ti`�C r, '^ �.r rw� - t+a, ', A P '� }� t: F�'� y'�'�' <�Y �y' - • � o �� ,4' .N � , �7 5� �` fix.. la SO t' �C ` .Iz 41 October 1, 1976 ;Dick Coates P.O. Box 4949 Aspen, Colorado 81611 Dear lick: Enclosed is a sample application for Subdivision condominiumization of a duplex. A fee of $50.00 Procedurally the Planning and Zoning Commission must act on this request. Sincerely, Harold Clark, Jr. Land Use Administrator HC/bk Exemption for is required. and City Council .Apen T4ateaux TSAIV 731 E. Durant P. O. Box 4949, Aspen, Colo. 81611 (303) 925-1400 September 21, 1976 Hal Clark City of Aspen 130 So. Galena St. Aspen, Colorado 81611 Dear Hal: SpeCialistS: CONDOMINIUM -Development -Sales -Rentals/Management Per our conversation today, this is the situation with the duplex under construction at Riverside Avenue: 1) The project consists of one duplex. 2) At the time the building permit was issued last spring, we paid the dedication fee, and it was my understanding that no further subdivision approval, etc., was neces- sary. However, to be perfectly sure, I wanted to check this out with you. The project will be owned by two differenct individuals, each of whom will own a one half interest in the property with an exclusive right to occupy their respective living units. We would appreciate if you would check this out and let me know if we need any further P&Z or Council approval before finalizing these sales. Thank you very much. Sincerely, /, �-'�I Nick Coates NC:jg