Loading...
HomeMy WebLinkAboutcoa.lu.ex.Fasching-Haus.1976FASCHING HOUSE (aka FERRIS) E X APPLICATION FOR EXEMPTION FROM SUBDIVISION REGULATIONS Pursuant to Section 20-19 of Chapter 20 of the Municipal Code of the City of Aspen, DONALD L. FERIS, Jr. hereby applies for an exemption from the definition of the term "Subdivision" with respect to the real property described as: Units 4 and 4A 9Fasching Haus City and Townsite of Aspen Pitkin County, Colorado The applicant submits that the exemption in this case would be appropriate for the following reasons: 1. Unit 4 is an existing upstairs two bedroom apartment and Unit 1A is a one bedroom apartment located in the basement of Fasching Haus. When Fasching Haus was originally condominiumized, said Units were included in the pertinent documents as one condominium unit. However, Units 4 and 4A have no interior connection but do have separate exterior entrances. Should this application be granted, the common elements presently allocated to Units 4 and JA will be proportionately split and the condominium documents amended accordingly. The applicant will, upon amendment to the condominium documents, file a declaration with the Pitkin County Clerk & Recorder which will state that the land use impact of the property will not be increased over its present use by virtue of said condo- miniumization. It will further be stated that Unit 4A shall only be used for housing the employees of the Fasching Haus Condominium Association. 2. 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, 0 • among other things, orderly, efficient and integrated devel- opment of the City of Aspen; to insure the proper distribu- tion 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. The Units presently exist and their impact upon the aforementioned requirements will not be increased in any way by the granting of this application. 3. Pursuant to the provisions of Section 20-19 of the Municipal Code of the City of Aspen, a property which is being condominiumized shall be exempt from the definition of subdivision as set forth in Section 20-3 (q) of the Code as long as said property fulfills the exception requirements contained in Section 20-19 (a) (1),(2) and (3). The Units which are the subject of this application fulfill within the purview of Section 20-19. It is the contention of the applicant that the granting of an exemption to the subdivision regulations is proper in the situation. The applicant would appreciate your consideration of this application at your next regular meeting. / DATED: DONALD L. FERRIS, JR. By: -2- IRW C 0 U N T Y 506 E. Main DIRECTOR OF HOUSING 0 Kx3X8T2 XQ19Qc • ASfSEN, COLORADO 81611 • PHONE: (303) 925-6612 M E M O R A N D U M November 22, 1976 TO: Aspen City Council Planning Office FROM: Brian Goodheim RE: Resubdivision of Fasching Haus Condominium Units 4 and 4A In response to the proposal to resubdivide condominium unit #4, Fasching Haus Condominium, into condominium unit #4 and #4A, I would recommend this proposal only if condominium unit #4A be permanently reserved as employee housing. The existing unit #4 is a tourist condominium which is arranged on three levels. The basement level contains approximately 600 sq.ft. and has a separate entrance. For the past three years, this unit has been leased to the Condominium Association as employee housing. 0 • RESOLUTION OF ASPEN CITY COUNCIL The Aspen City Council hereby grants a subdivision Fac&hi wg exemption to Unit 4, as owned in the F.aala.cn House, City of Aspen, County of Pitkin, State of Colorado, by one Donald L. Ferris. Said exemption shall accomplish the following: 1. The upstairs two -bedroom apartment shall retain the designation Unit 4; 2. The downstairs studio apartment shall be re- designated Unit 4A The maps and Condominium Declaration shall be amended to reflect said change. CITY COUNCIL 0 9WHi77ffl11110 TO: ASPEN CITY COUNCIL FROM: PLANNING STAFF (HC) RE: SUBDIVISION EXEMPTION - FASCHING HAUS CONDOMINIUMIZATION OF UNITS 4A and 4 DATE: NOVEMBER 17, 1976 This is a request for Subdivision Exemption by Donald Ferris owner of the Fasching Haus, for condominiumization of Unit 4A and Unit 4. Unit 4 is an existing upstairs two bedroom apartment and Unit 4A is a one bedroom apartment located in the basement -,of the Fasching Haus. When Fasching Haus was originally condominiumized, said units were included in the pertinent documents incorrectly as one condominium exterior entrances. The appli- cant has agreed to restrict use of Unit 4A to housing of the employees of the Fasching Haus Condominium Association. We have referred this application to the City Engineer and Building Inspector for comment. The City Engineer and Building Inspector find no difficulties with this request and recommend approval. The Aspen Planning and Zoning Commission on Nov. 16, 1976 received approval of the Subdivision Exemption conditional upon use of the basement unit, 4A, for employee housing. MEMORANDUM TO: Aspen Planning Commission FROM: Planning Staff (HC) RE: Subdivision Exemption - Fasching Haus Condominiumization of Units lA and 4. DATE: November 11, 1976 This is a request for Subdivision Exemption by Donald Ferris owner of the Fasching Haus, for condominiumization of Unit lA and Unit 4. Unit 4 is an existing upstairs two bedroom apartment and Unit lA is a one bedroom apartment located in the basement of the Fasching Haus. When Fasching Haus was originally condominiumized, said units were included in the pertinent documents incorrectly as one condominium unit. Units lA and 4 have no interior connection and have separate exterior entrances. The applicant has agreed to restrict use of Unit lA to housing of the employees of the Fasching Haus Condominium Association. We have referred this application to the City Engineer and Building Inspector for comment. The City Engineer and Building Inspector find no difficulties with this request and recommend approval. The Planning Office recommends approval of the Subdivision Exemption with the stipulation that Unit lA be restricted to employee housing. 14.100 %, 4 TO: Aspen Planning Geffm4&sion FROM: Planning Staff (HC) RE: Subdiv sion E�mption - Fasching Haus Condominiumization of Units �f, and DATE: November AD 1976 This is a request for Subdivision Exemption.by Donald Fe ris owner of the Fasching Haus, for condominiumization of Unit and Unit 4. Unit 4 is an existing upstairs two bedroom apartment and Unit JfA is a one bedroom apartment located in the basement of the Fasching Haus. When Fasching Haus was originally condominiumized, said units were included in the pertinent documents incorrectly as one condominium unit. Units 4A.and f have no interior connection and have separate exterior entrances. The applicant has agreed to restrict use of Unit JA to housing of the employees of the Fasching Haus Condominium Association. We have referred this application to the City Engineer and Building Inspector for comment. The City Engineer and Building Inspector find no difficulties with this request and recommend approval. The Planning Office recommends approval of the Subdivision Exemption with the stipulation that Unit fA be restricted to employee housing. /6� a+ 9 • MEMORANDUM TO: Aspen Planning Commission FROM: Planning Staff (HC) RE: Subdivision Exemption - Anthony Acres Transfer to the City of Additional Right -of -Way for Gibson Avenue. DATE: November 11, 1976 This is a request for Subdivision Exemption by Luke Anthony to transfer land to the City of Aspen for use as right-of-way for Gibson Avenue. The land to be dedicated to the City is described by the attached survey. The dedication of this parcel is a condition of the annexation imposed by the City. The Planning Office recommends approval of the Subdivision Exemption as the parcel is not being created for development purposes and therefore is not within the intent and purpose of the Subdivision Regulations. • MEMORANDUM TO: Dave Ellis, Clayton Meyring FROM: Planning Staff (HC) RE: Fasching Haus Subdivision Exemption DATE: November 2, 1976 Attached is request for subdivision exemption for unit 4 and unit 4A for the Fasching Haus. We would appreciate your comments on the appli- cation especially in regard to any building code problems with the basement living unit. We wish to schedule this for the November 16, 1976 Planning and Zoning Commission meeting. Thank you. i ,�� i y q/ti61 /�7 MEMORANDUM DAME: March ib, 1961 TU. ivlcrabers uL amity Council eROM: Bob Edwondson Rl1. Nancy C. MLll,:r vs. Fascning Haus This Stater«ent of EAemption has been prepared in settle- ment of a lawsuit. The City was sued in a quiet titl. action, the reason being the restriction of the unit in perpetuity to eiaployec huusing. Whether or not this provision is invalid is at issue, but the legal depart- .uent reviewod the restriction and felt sine: the condo- aainium association is purchasing the unit, it most Like- - ee hour my pooi . The compro- shali be restricted for rive • CITY OF ASPEN 130 south galena street aspen, colors 6 81611 MEMORANDUM DATE: March 18, 1981 TO: !Members of City Council FROM: Bob Edmondson RE: Nancy C. Miller vs. Fasching Haus This statement of Exemption has been prepared in settle- ment of a lawsuit. The City was sued in a quiet tint. action, the reason being the restriction of the unit in perpetuity to employee housing. Whether or not this provision is invalid is at issue, but the legal depart- ment reviewed the restriction and felt since the condo- minium association is purchasing the unit, it most like- ly will stay in the employee housing pool. The compro- mised agreement is that it shall be restricted for five years. RBE:mc GARFIELD & HECHT ATTORNEYS AT LAW RONALD GARFIELD VICTORIAN SQUARE BUILDING TELEPHONE 925-1936 ANDREW V. HECHT eoi EAST HYMAN AVENUE AREA CODE 303 ASHLEY ANDERSON ASPEN, COLORADO 81611 TELECOPIER (m) 925-3008 CRAIG N. BLOCKWICK March 4, 1981 K. ROULHAC GARN Robert Edmundson, Esq. Edmundson & Grueter, P.C. 430 East Main Street Aspen, Colorado 81611 Re: Nancy C. Miller vs. Fasching Haus West Condominium Association Dear Bob: This letter is sumitted for purposes of settlement of a lawsuit. My client, Fasching Haus Condominium Association Inc. proposes to settle the referenced lawsuit by purchase of Unit 4A, Fasching Haus, from Nancy C. Miller. The City's part in the settlement would include providing the enclosed Amended Statement of Exemption from Definition of Subdivision and signature of the Stipulation of Dismissal. I would request that you sign the Stipulation and obtain the Mayor's signature to the Amended Statement of Exemption from Definition of Subdivision holding the same in your file pending our tentative March 25, 1981 closing on the purchase of Unit 4A, Fasching Haus. This closing will be the settlement of the lawsuit. Please advise if these arrangements are acceptable. eryZar rs, Ronad RG/sw Encl. cc: Jeffrey Sachs, Esq. Bruno Pasquinelli Ronald Kasperzak Raymond Hampton IN THE DISTRICT COURT IN AND FOR THE COUNTY OF PITKIN AND STATE OF COLORADO Civil Action No. 80 CV 373 NANCY C. MILLER, Plaintiff , VS. STIPULATION OF DISMISSAL WITH PREJUDICE CITY OF ASPEN, COLORADO, FASCHING HAUS WEST CONDOMINIUM ASSOCIATION and LEE L. MILLER, Defendants. The parties, by and through their respective counsel, hereby submit this Stipulation of Dismissal with Prejudice pursuant to C.R.P.C. 41(1)(B) and as grounds therefor affirm that the within matter has been settled. This Stipulation may be executed in several counterparts and, as executed, shall consti- tute a Stipulation binding on all the parties hereto, notwith- standing that all the parties are not signatory to the original or same Stipulation. RESPECTFULLY SUBMITTED this day of March, 1981. GARFIELD & HECHT By RONALD GARFIELD, #7014 Attorneys for Fasching Haus Condominium Association 601 East Hyman Avenue Aspen, Colorado 81611 GRUETER & EDMUNDSON, P.C. By ROBE B. EDMUNDSON, #8115 Attorneys for The City of Aspen, Colorado 430 East Main Street ,; Aspen, Colorado 81611 i SACHS, KLEIN & SEIGLE I By JEFFREY H. SACHS, #3517 Attorneys for Nancy C. Miller 201 North Mill Street Aspen, Colorado 81611 I. H. KAISER, P.C. By t I.H. KAISER, #1692 Attorney for Lee L. Miller 1700 Boradway, #1507 Denver, Colorado 80290 „Recorded at AML o'clock iReception No. M. Recorder AMENDED STATEMENT OF 11 EXEMPTION FROM DEFINITION OF SUBDIVISION WHEREAS, by Statement of Exemption from the Definition of Subdivision dated December 2, 1976, The City of Aspen, Colorado ldid, subject to certain conditions, grant an exemption from the definition of subdivision for the creation of two separate condo- miniums to be known as Units 4 and 4A, Fasching Haus. NOW, THEREFORE, two of the conditions of said Exemption %from the Definition of Subdivision are amended as follows: 1. Condition 2 is hereby deleted in its entirety and in place thereof the following is provided: "For a period of five (5) years from the date hereof Unit 4A, Fasching Haus, shall be devoted exclusively to the housing of employees of the Fasching Haus. Rental of said Unit 4A shall be restricted to six (6) month minimum leases with not more than two (2) shorter terms in any calendar year” 2. Condition 3 is hereby deleted in its entirety. (Further, that certain Right of First Refusal granted to the City lof Aspen and appearing in instrument recorded March 25, 1977 in (Book 326 at Page 476 of the records of Pitkin County is hereby terminated and extinguished. Hereafter, there shall be no right of first refusal in favor of the City of Aspen affecting said Unit 4A, Fasching Haus. �© DATED oe HWEI N EDEL, Mayor I, Kathryn S. Koch, City Clerk of the City of Aspen, !Colorado, do hereby certify that the foregoing Amended Statement ii I lof Exemption from Definition of Subdivision was executed this day of 1981. THRYN S. CH STATE OF COLO*O ) ss. COUNTY OF PITKIN The foregoing was acknowledged before me this -,_'Al day of , 1981 by HERMAN EDEL and KATIII;YN S. KOCH, Mayor and City Clerk respectively, of the City of Aspen, Colorado. WITNESS my hand and official seal. My commission expires: No*ayv//IlPublic f Recorded 250 PM ay 10, 1977 Julie Hane 194265 noK STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION WHEREAS, DONALD L. FERRIS, JR. ("applicant"), is the owner of one unit (4) of the Fasching Haus located within the City of Aspen, which location is more particularly described as; Lot (s ) Pitkin County, Colorado, and WHEREAS, there exists within the Fasching Haus structure two units which, in the original condominium declaration and plat, were designated as one unit, although physically separate units, and WHEREAS, the applicant has applied, pursuant to the provisions of Section 20-19(b) of the Aspen Municipal Code, for an exemption from the definition of subdivision for the creation of two separate units to be called units 4 and 4A on a proposed amended condominium plat, and WHEREAS, the Aspen Planning and Zoning Commission did, at its meeting held November 16, 1976, determine that this proposed conveyance is without the intents and purposes of subdivision regu- lation (subject to certain conditions) and did further recommend to the City Council that the requested exemption be granted, and WHEREAS, the Aspen City Council, at a special meeting held Wednesday, December 1, 1976, did consider the requested exemp- tion, did agree that issuance of an exemption is appropriate, and did grant the same subject to certain conditions, THEREFORE, :40TICE IS HEREBY GIVEN that the City Council of the City of Aspen, Colorado, has granted an exemption from the definition of subdivision for the creation of two separate condominium units to be numbers 4 and 4A and conveyance of separate interests in said units. PLEASE TAKE FURTHER NOTICE that this grant of exception is conditioned as follows: 1. That before the conveyance of any separate interests in the premises, the applicant shall pay to the City of Aspen the appropriate subdivision dedication fee attributable to unitt .4. and calculated pursuant to Section 20-18 of the Aspen Municipal Code. 2. That unit 4A be devoted exclusively to the housing of employees of the Fasching Haus. 3. That the Housing Authority enjoy a right of first refusal on any proposed sale of Unit 4A which right of first refusal shall be under the terms and conditions for such rights as have been promulgated and adopted by the Housing Authority at the time of the proposed sale. 4. That the conditions hereby imposed shall be deemed covenants running with the land and burden the same, and be binding upon the applicant, his heirs, assigns and successors in interest. Dated �y Stack' Standley III Mayor I, Kathryn S. Sauter, City Clerk of the City of Aspen, Colorado, do hereby certify that the foregoing exemption from the definition of subdivision was granted by the Aspen City, ,Council r at its regular meeting held December 1, 1976. •` r"<-` �r :Cathryn Hauter 's •' ' 1. STATE OF COLORADO ) ss. County of Pitkin ) The foregoing was acknowledged before me this �7_ S7UCf�;. W-d --tecember, 1976, by Stacy Standley III and Kathryn S. .,auter, ►or and City Clerk respectively, of the City of Aspen, Colorado. V $;5,WITNESS MY HAND AND OFFICIAL SEAL. n�c:My commission expires: ilbtary Public, koA4 14WtA-- OA� u �� • 0 STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION WHEREAS, DONALD L. IFERRIS, JR. ("applicant"), is the owner of one unit (4) of the Fasching Haus located within the City of Aspen, which location is more particularly described as: Lots) Pitkin County, Colorado, and WHEREAS, there exists within the Fasching Haus structure two units which, in the original condominium declaration and plat, were designated as one unit, although physically separate units, and WHEREAS, the applicant has applied, pursuant to the provisions of Section 20-19(b) of the Aspen Municipal Code, for an exemption from the definition of subdivision for the creation of two separate units to be called units 4 and 4A on a proposed amended condominium plat, and WHEREAS, the Aspen Planning and Zoning Commission did, at its meeting held November 16, 1976, determine that this proposed conveyance is without the intents and purposes of subdivision regu- lation (subject to certain conditions) and did further recommend to the City Council that the requested exemption be granted, and WHEREAS, the Aspen City Council, at a special meeting held Wednesday, December 1, 1976, did consider the requested exemp- tion, did agree that issuance of an exemption is appropriate, and did grant the same subject to certain conditions, THEREFORE, :.40TICE IS HEREBY GIVEN that the City Council of the City of Aspen, Colorado, has granted an exemption from the definition of subdivision for the creation of two separate condominium units to be numbers 4 and 4A and conveyance of separate interests in said units. LEASE TAKE FURTHER NOTICE that this grant of exception is conditioned as follows: 1. That before the conveyance of any separate interests in the premises, the applicant shall pay to the City of Aspen the appropriate subdivision dedication fee attributable to units 4 and calculated pursuant to Section 20-18 of the Aspen Municipal Code. 2. That unit 4A be devoted exclusively to the housing of employees of the Fasching Haus. 3. That the Housing Authority enjoy a right of first refusal on any proposed sale of Unit 4A which right of first refusal shall be under the terms and conditions for such rights as have been promulgated and adopted by the Housing Authority at the time of the proposed sale. 4. That the conditions hereby imposed shall be deemed covenants running with the land and burden the same, and be binding upon the applicant, his heirs, assigns and successors in interest. Dated Stac Standley III Mayor i I, Kathryn S. Tauter, City Clerk of the City of Aspen, Colorado, do hereby certify that the foregoing exemption from the definition of subdivision was granted by the Aspen City Council at its regular meeting held December 1, 1976. .athryn V Hauter STATE OF COLORADO ) ss. County of Pitkin ) The foregoing was acknowledged before me this `y day of December, 1976, by Stacy Standley III and Kathryn S. -piauter, Mayor and City Clerk respectively, of the City of Aspen, Colorado. WITNESS MY HAND AND OFFICIAL SEAL. ;.Ay commission expires: �totary Public -2- R Aspen/Fitki PI"anning Office 130 south gaiena street lb-� aspen,, colorado. 81611 April 5, 1977 Mr. Tony Mazza, Esq. P.O. Box 2688 Aspen, Colorado 31611 Dear Tony: We have reviewed the calculations for the subdivision dedication fee and have concluded that the correct assessment should be �1,996.46. This fee is based on a land value for unit 4 of $14,250.00. The zoning code requires a minimum of 2,100 square feet of land for a two bedroom unit thus a square foot value of $6.79 ($14,250 : 2,100 square feet = $6.79). The formula for computing this fee is as follows: .0025 X 43,560 X 2.7 X $6.79 = $1,99b,46 We enclose copies of pertinent documents justifying this computation. Very truly yours, Hal Clark Land Use Administrator lmk encs. cc: Mick Mahoney a CaTy "'1-';'.I%SPEN 130 soUtI.-a �aie-tia street aspen, o a 181 61 1 MEMORANDUM TO: Clayton Meyring FROM: Mick Mahoney DATE: March 25, 1977 RE: Fasching Haus 14 and #4A Park Dedication Valuation Mary Ann Hyde of Mason and Morse stated that James Mollica will send a letter of appraisal for the land value on the two units at the Fasching Haus. The letter is to state that the value of Units #4 and #4A of the land is valued at $14, 000. PSM/pm cc: Mary Ann Hyde -a / lee -f 2� l /' 01 e To�1�/�1� _ pate VVHlU=- YOU VIT.-itz. 4 of ��- •Y/i � Times � 'S{ � ,tl`' M � . Phon© Area Code Number Extension TELEPHONED PLEASE CA4L CALLED TO SEA YOU J' WILL CALL AGAIN W„NTS TO SEE YOU URGENT • RETU'INED YOUR CALL Message .01 -- D O Oper ?r • EFFICILNCYO LINE NO, 2725 AN ARIPAD PRODUCT 60 S.i.! S 1 STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION WHEREAS, DONALD L. FERRIS, JR. ("applicant"), is the owner of one unit (4) of the Fasching Haus located within the City of As which location is more particularly described as: Lot (s) Pitkin County, Colorado, and WHEREAS, there exists within the Fasching Haus structure two units which, in the original condominium declaration and plat, were designated as one unit, although physically separate units, and ' WHEREAS, the applicant has applied, pursuant to the provisions of Section 20-19(b) of the Aspen Municipal Code, for an exemption from the definition of subdivision for'the creation Of two separate units to be called units 4 and 4A on a proposed amended condominium plat, and WHEREAS, the Aspen Planning and Zoning Cone -mission did, at its meeting held November 16, 1976, determine that this proposed conveyance is without the intents and purposes of subdivision recru- lation (subject to certain conditions) and did further recommends to the City Council that the requested exemption be granted, and WHEREAS, the Aspen City Council, at a.special meeting held Wednesday, December 1, 1976, did consider the requested exemp- tion, did agree that issuance of an exemption is appropriate, and did grant the same subject to certain conditions, THEREFORE, NOTICE IS HEREBY GIVEN that the City Council Of the City of Aspen, Colorado, has granted an exemption from • the definition of subdivision for the creation of two separate condominium units to be numbers 4 and 4A and conveyance of separate interests in said units. PLEASE TAKE FURTHER NOTICE that this grant of exception • 0 is conditioned as follows: %1.� That before the conveyance of any separate interests in the premises, the applicant shall pay to the City of Aspen the appropriate subdivision dedication fee attributable l to units .4. and calculated pursuant to Section 20-18 of the Aspen Municipal Code. 2. That unit 4A be devoted exclusively to the housing of employees of the Fasching Haus. /3`: That the Housing Authgrity enjoy a right of first refusal on any proposed sale of Unit 4A which right of first refusal shall be under the terms and conditions for such rights as have been promulgated and adopted by the Housing Authority at the time of the proposed sale. 4. That the conditions hereby imposed shall be deemed covenants running with the land and burden the same, and be binding upon the applicant, his heirs, assigns and successors in interest. Dated c�1it� Stacy' Standley III f% Maygr :. I. Kathryn S. Hauter, City Clerk of the City of Aspen, Colorado, do hereby certify that the foregoing exemption from the definition of subdivision was granted by the•Aspen City Council at its regular meeting held December 1, 1976. Kathryn -,A Hauter STATE OF COLORADO ) ) 'SS. County of Pitkin ) The foregoing was acknowledged before me this day of December, 1976, by Stacy Standley III and Kathryn S. :;auter, Mayor and City Clerk respectively, of the City of Aspen, Colorado. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: