HomeMy WebLinkAboutcoa.lu.ex.LotsQ&R,Blk35.1979
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STATEMENT OF EXEMPTION
FROM
THE DEFINITION OF SUBDIVISION
\lliEREAS, COOPER STREET PARTNERSHIP is the owner of a
parcel of land located in the City of Aspen, Pitkin County,
Colorado, more particularly described as Lots Q and R, Block
35, East Aspen Addition Townsite, City of Aspen, and
IlliE REA S , COOPER STREET PARTNERSHIP (hereinafter
referred to as "appl'iQt"J has an existing duplex located
on Lots Q and R~oCk 35, ~~ Aspen Addition Townsite, City
of Aspen, COU~y of Pitkin, St(te of Colorado, and
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~JEREAS, the applicant nas requested an exemption
f h d ".-.. f bd"" J. f h f b
rom t e e~~n~tlon 0 su ~V~Slon or t e purpose 0 su-
40,
dividing the existing duplex thro gh condominiumization, and
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WHEREAS, the Aspen Planning and Zoning Commission, at
its meeting held on the r~ day of !11o.n:;..h
, 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 sub-
division of the existing duplex through condominiumization is
not within the intent and purpose 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
-duplex located on Lots Q and R, Block 35, East Aspen Addition
Townsite, City of Aspen, County of Pitkin, State of 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,
provided, however, that any existing tenants be given written
notice when their units are offered for sale, which notice
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BOOK378 r^Gl299
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shall specify the sales price. Each tenant shall have a
ninety- (90) day option to purchase this unit at this price.
In addition, each tenant shall have a ninety- (90) day
exclusive nonassignable right of first refusal to purchase
his or her unit, which shall commence when a bona fide offer
is made by a third person and accepted by the owner. In the
event that such offer is made while the ninety- (90) day
option is still in effect, the tenant may purchase the unit
for the amount of the initial sales price or the amount of
the bona fide offer, whichever is less, and provided, however,
that all units shall be restricted to six- (6) month minimum
leases
with no more than two (2) shorter
Dated this.,J3rdday of Ocfz:/;er
tenancies per year.
, 1979.
HE~
ATTEST:
)
City Clerk
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MEMORANDUM
TO:
FROM:
RE:
Aspen City Council
Richard Grice, Planning Office
Cooper Street Partnership-Subdivision Exemption
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DATE:
March 19, 1979
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The attached application requests subdivision exemption for the purpose
of condominiumization of a new duplex located on Cooper Street between
Cleveland and West End Streets. The property is zoned R/MF which allows a
duplex on a 6000 sq. ft. lot exempt from Growth Management.
The app 1 i cat i on was referred to the Engi neeri ng Department. "Engi neeri ng 's
recommendation is for approval of the subdivision exemption request subject to
the applicant correcting the deficiencies in parking spaces, providing the
necessary easement for electric and communication facilities, and entering into
the recorded covenants for financial participation in future public works
improvements." Background and additional information regarding Engineering's
suggestions are included in their attached memorandum to the Planning Office
of March 7, 1979.
The applicant has indicated in his application that this is a new duplex
which has never been occupied by low to moderate income individuals. Therefore,
we feel that Ordinance #39 requiring this demonstration has been satisfied.
The application was reviewed by the Aspen Planning and Zoning Commission
at their regular meeting on March 13, 1979, at which time they recommended your
approval be conditioned upon the comments of the City Engineer.
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M E MaR AND U M
TO:
RICHARD GRICE, PLANNING
DAVE ELLIS, CITY ENGINEE~
March 7, 1979
FROM:
DATE:
RE:
Subdivision Exemption Request (Cooper Street Partnership)
Lots Q & R, Block 35, East Aspen Townsite
After having reviewed the improvement survey for this project and
having made a site inspection, the engineering department finds
that there are several inadequacies with regard to the City's sub-
division design standards. They are as follows:
l) The project has provided only four of the required six parking
spaces as shown on the approved building plans. Space is avail-
able on the alleyside of the project for six spaces; however,
two potential spaces are obstructed by landscaping.
2) The project has not provided an easement for electric and com-
munication utility facilities. At present the development
requires a separate pOle-mounted transformer and should the
electrical facilities in this area be undergrounded, it would
be necessary to provide a pad-mounted transformer on site.
3) Although there is sidewalk on Cooper Avenue, there is no curb
and gutter, or agreement to provide such, as required by the
Municipal Code as a condition for the issuance of a certificate
of occupancy. To correct this situation and to provide for the
normal subdivision concerns, we recommend that the applicant
be required to enter into the standard agreement for participa-
tion in street, drainage, and underground electrical improve-
ment districts or the applicant's direct reimbursement to the
City for such improvements if a district is not formed.
The engineering department's recommendation is for approval of the
subdivision exemption request subject to the applicant correcting
the deficiency in parking spaces, providing the necessary easement
for electric and communication facilities, and entering into the
recommended covenants for financial participation in future public
works improvements. The second and third conditions are in keeping
with the conditions of approval imposed upon two similar projects
in the neighborhood, specifically the Cooper Avenue Victorian Condo-
miniums one block east on Cooper Avenue and the Cooper Avenue Apart-
ments across the street from this project.
cc: Gideon Kaufman
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APPLICATION FOR EXEMPTION
FROM SUBDIVISION REGULATIONS
The request is hereby made on behalf of Cooper Street
Partnership (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:
Lots Q and R
Block 35
East Aspen Addition TO'Vllsite
City of Aspen.
It is submitted that an exemption in the case would be
appropriate.
The application involves subdivision of an existing
duplex. A subdivision of one (1) lot with a duplex on it creates
conditions whereby strict compliance with subdivision regula-
tions would deprive the applicant of the reasonable use of its
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 subdivision regu-
lations 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.
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In addition, this application does not include
property that would come under the purview of the new condo-
miniumization ordinance. This duplex has never been within the
low, moderate and middle-income housing pool that is of
primary concern to the city. Each side has a value of
approximately two hundred fifty thousand dollars ($250,000.00).
The structure is brand new, has been issued a CO for less than
one (1) month and has been short termed since the issuance of
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that CO. In the event additional information is necessary,
I will be happy to supply it.
The applicant would appreciate your consideration of
this application at your next regular meeting,
By, ~R _ ~ -
Gi eon Ka f an
Attorney r Cooper
Partnership
Street
Dated: January 22, 1979,
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MEMORANDUM
TO:
FROM:
RE:
DATE:
Aspen Planning and Zoning Commission
Planning Office, Richard Grice
Cooper Street Partnership - Subdivision Exemption
March 13, 1979
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The attached application requests subdivision exemption for the purpose of
condominiumization of a new duplex located on Cooper Street between Cleveland
and West End Streets. This property is zoned R/MF which allows a duplex on
a 6000 square foot lot exempt from growth management.
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This application was referred to the City Engineering Department. "Engineering's
recommendation is for approval of the subdivision exemption request subject
to the applicant correcting the deficiency in parking spaces, providing the
necessary easement for electric and communication facilities, and entering
into the recommended covenants for financial participation in future public
works improvements." Background and additional information regarding Engineering's
suggestions are included in their attached memorandum to the Planning Office
of March 7, 1979.
The applicant has indicated in his application that this is a new duplex
which has never been occupied by low to moderate income individuals. Therefore,
we feel Ordinance #39 requiring this demonstration has been satisfied and we
recommend your approval be conditioned upon the comments of the City Engineer.
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MEMORANDUM
TO:
FROM:
RE:
DATE:
Ron Stock, City Attorney
Dave Ellis, City Engineer
Planning Office
Cooper Street Partnership Condominiumization
February 2, 1979
Attached is an application for the condominiumization of a duplex sub-
mitted by the Cooper Street Partnership.
Would you kindly return your comments to the Planning Office with respect
to this application during the week of February 19, 1979.
Thank you in advance for your cooperation in this request.
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