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HomeMy WebLinkAboutcoa.lu.ex.Nils/Bertil/Dahlander MErlORANDUM TO: Jolene Vrchota, Planning Office FROM: Jay Hammond, Engineering Office~ RE: Dahlander Subdivision Exemption DATE: November 23, 1979 After having reviewed the survey plat for the above subdivision exemption and having made a site inspection, the Engineering Depart- ment recommends the following: 1) The owner/applicant shall revise and resubmit the improve- ment survey plats to include the following: A) Existing and new construction. B) Parking for eight cars (l/bedroom) after new construc- tion per section 24-4.5 of the Aspen municipal code. C) Change access to a single curb cut per section 19-101 of the municipal code. D) Show fences along north and south property lines. E) Indicate adjoining lot numbers. F) Locate and show adequate overhead easement for power lines over unit "B" (westerly line). G) Locate and show stone wall and stone pillars along easterly property line. H) Show centerline, edge of pavement, and name of county road (Cemetary Lane) . I) Indicate basis of bearings. 2) The owner/applicant shall agree to enter into a sidewalk, curb and gutter improvement district in the event one is formed and so deed restrict. The Engineering Department recommends approval for the above sub- division exemption subject to the owner/applicant correcting the above conditions prior to being placed on the next City Council agenda. MEMORANDUM DATE: November 21, 1979 TO: Jolene Vrchota FROM: Ron Stock ..r- ~--' Dahlander Subdivision Exemption RE: If the above entitled subdivision exemption is granted, the approval should be conditioned upon the applicant meeting the following requirements of Section 20-22 of the Municipal Code of the City of Aspen: [xl Notice and option provisions to current tenants [xl Each unit restricted to six-month minimum leases with no more than two shorter tenan- cies in a calendar year. Considering the rental history of the property, it is possible that the Planning & Zoning Commission and City Council may deter- mine that the property, or a portion thereof, is within the low and moderate housing pool. The rental history of the property should be presented to them for their consideration. RWS:mc /', ..............- NEMORANDUM TO: Dan McArthur, City Engineer Ro~ Stock, City Attorney ~m Reents, City Housing Director FROM: Jolene Vrchota, Planning Office RE: Dahlander Subdivision Exemption DATE: October 24, 1979 Attached please find subdivision exemption application filed for Bert Dahlander. This item is scheduled to come before the Aspen Planning and Zoning Commission on Tuesday, December 4, 1979. . Therefore, may I please have your written cowments concerning this application no later than Monday; November 26, 1979. Thank you. ~ . I ~ ~ ~<"IJ~ wJA Co~. ~~~ ~ fp~ d! ~ ~~M~1i> ~1 ~~rvrto f- ~.~. '- J"", - /""", ME/10RANDUM TO: Jolene Vrchota, Planning Office FROM: Jay Hammond, Engineering Office ~ DATE: November 29, 1979 HE: Dahlander Subdivision Exemption, Lot 3, Block 1, pitkin Mesa Having reviewed the survey plat for the above subdivision exemp- tion and havin<J made a site inspection, the Engineering Department recommends the following: 1) The owne::/applicant shall revise and resubmit the improvem.=nt survey plat to include the following: A) Indicate existing and new construction. _ B) Show location of all existing parking as well as all new parking. C) Show existing fences along no:cth and south property lines. D) Indicate adjoining lot numbers. E) Show aerial easement for power lines over unit "B" (west- erly unit) . F) Show existing stone wall and stone pillars along easterly property line. G) Show centerline, edge of pave~ent, and. name of county road (Cem'~tary Lane). ' H) Indi;?te basis of bearings. 2) The owne:c/applicant 6hall agree to enter into a sidewalk, curb, and gutter imp~ovement district in the event one is formed at which time the lot a,;cess shall be brought into compliance with section 19-101 "Drivew3.Y and curb cut specifications" and so deed restrict in the stateme~t of exemption. 3) The owner/applicant shall agree to provide an aerial utility easement for all overhead utilities located on lot 3 and so deed restrict in the statement of exemption. The Engineering Department recommends approval for the above sub- division exemption subject to the owner/applicant correcting the con- ditions above. * NiLS . BERTIL "BERT" DAHLANDER Box 1881 Aspen, Colorado 81611 Phone 925.2992 Aspen OCTOBC::R 2:.th,l979. + lIs Carla Schuck :'o"en ,).t" C t. "',.. . Z~~~ -il ,c~n oun y ~LdJnlng As~en Colo~'udo ~loil. Of'fice :,c: DAHLA;J.J;.,;R Condominiumization Doar Capla: Enclosed find the a;Jplication dated January lOth,l979. Its all the same exept that it will be so th~t the two structures will be jointed togethsr. And for that reason I enclose an architeture d~awing of the existing houses and nG',/ neo./ proposed construction. l~ Clayton neyring has a complete set that the architect D.3I.J '.HB,:;e,N gave himcbout a month ago. If we call the two units: 1,:e "'.r.Lll bave: Unit A First floor : UNIT A and urU'l' B (as the dr2.o,ing) Uni t A 3econd " garage, storage room, family room 2 bedrooms and a bath. : one new bedroom, one bath, lei tchen and liying room, one dining room, 2 bedrooms I ,wo./der room one mclster b'"tbroom i'/ith a small dressing room .3econd " One neH garage, family room and bathroom 2 bedrooms, one living room, kitchen 'lUd diningroom and one bathroom Unit B Unit B Pirst floor .30 Hi th tbis I hone teJat I can be on tho ageclda for P&Z on your next meeting. .3ince:'8ly 3C}l'lt Dahlander Box 1831 i~s..'en Colo JIGll - ,.. ~/A- . " " MEMORANDUM TO: Aspen City Council RE: DATE: Jolene Vrchota, Planning Office Dahlander Subdivision Exemption FROM: January 18, 1980 This application is for subdivision exemption and condominiumization of a duplex on Lot 3, Block 1, Pitkin Mesa Subdivision. The 15,300 square foot lot is in an R-15 zone. The Planning and Zoning Commission recommended approval at a regular meeting on December 5, 19JKl7Q. The history of the units is described fully in John Doremus' letter dated January 10, 1979. To briefly summarize, however, there were previously two separate structures on the property--a dwelling unit with three 2-bedroom units and an art studio with a 2-bedroom unit upstairs. Two of the units were constructed without building permits in a zone which does not allow multi- family dwellings. The applicant received a recommendation from the City Attorney and Building Department last summer to attach the buildings and reduce the number of dwelling units to two. Thereby, a legal duplex would be created. Such a duplex is proposed for subdivision and condominiumization in this application. Also included in the attached application is very pertinent information on the rental history of the four units. As can be seen in Exhibit A, two of four units have been rented approximately 18 months to local employees at reasonable rates, one has been rented for shorter periods of time to local employees, and the fourth is owner-occupied. Section 20-22 of the Municipal Code specifies that if the Planning and Zoning Commission and the City Council determine that any portion of the property is in the low and moderate housing pool according to the rental history, the applicant is required under subsection (d) to "present a proposal to reduce or eliminate the adverse effects of the specific condominiumi- zation upon such housing for a minimum of five (5) years from the date of Council approval." Jim Reents, the City Housing Director, recommends that 50% of the units (i.e., one unit) be deed restricted to the City's adopted moderate income sales and rental rates for five years. Planning Office Recommendations 1. The Planning and Zoning Commission recommends approval of subdivision exemption conditioned on the applicant making revisions to the improvement survey, plats and deed restrictions to comply in full with the attached request from Jay Hammond, Engineering Department. ." ' 2. Further, the Planning Office recommends approval of condominiumization based on conditions included in Section 20-22 of the Municipal Code. (See Ron Stock's memo dated November 21, 1979.) By way of summary, the requirements of Section 20-22 which should be included as conditions on condominiumization include: a. Notice and option provisions to current tenants (Section 20-22(a)). b. Restriction on each unit for six-month minimum leases with no more than two shorter tenancies in a calendar year (Section 20-22 (b)). c. If the City Council agrees with P and Z that a portion of the property is currently in the low and moderate housing pool, the applicant shall deed restrict fifty percent of the units (1 unit) to moderate income sales and rental rates for five years. ~~ -Ja-tN. J-B,I'l(tJt) - ......... ~ -- NEMORANDUM TO: FROM: RE: DATE: Aspen Planning and Zoning Commission Jolene Vrchota, Planning Office Dahlander Subdivision Exemption November 28, 1979 This application is for subdivision Lot 3, Block 1, Pitkin Mesa Subdivision. R-15 zone. and condominiumization of a duplex on The 15,300 square foot lot is in an The history of the units is described fully in John Doremus' letter dated January 10, 1979. To bfiefly summarize, however, there were previously two separate structures on the property--a dwelling unit with three 2-bedroom units and an art studio with a 2-bedroom unit upstairs. Two of the units were constructed without building permits in a zone which does not allow multi-family dwellings. The applicant received a recommendation from the City Attorney and Building Department last summer to attach the buildings. Thereby, a legal duplex was created and is proposed for subdivision and condominiumization in this application. Also included in the attached application is very pertinent information on the rental history of the four units. As can be seen in Exhibit A, two of four units have been rea~onably rented approximately 18 months to local employees, one has been rented for shorter periods of time to local employees, and the fourth is owner-occupied. Section 20-22 of the Municipal Code specifies that if the Planning and Zoning Commission and the City Council determine that any portion of the property is in the low and moderate housing pool according to the rental history, the applicant is required under subsection (d) to "present a proposal to reduce or eliminate the adverse effects of the specific condominiumiza- tion upon such housing for a minimum of five (5) years from the date of Council approval." Jim Reents, the City Housint Director, recommends that 50% of the units (i.e., one unit) be deed restricted to the City's adopted moderate income rental rates for five years. Planning Office Recommendations 1. The Planning Office recommends approval of subdivision exemption conditioned on the applicant's making revisions to the improvement survey plats and deed restrictions to comply in full with the attached request from Jay Hammond, Engineering Department. 2. Further, the Planning Office recommends approval of condominiumization based on conditions included in Section 20-22 of the Municipal Code. (See Ron Stock's memo dat ed November 21, 1979(. By way of summary, the requirements of Section 20-22 which should be included as conditions on condominiumization include: a. Notice and option provisions to current tenants (Section 20-22(a)). b. Restriction on each unit for six-month minimum leases with no more than two shorter tenancies in a calendar year (Section 20-22(b)). c. If the P and Z and City Council determine that any portion of the property is in the low and moderate housing pool, the applicant shall present a proposal according to Section 20-22(d). MEMORANDUM TO: Jolene Vrchota FROM: Dave Elli~~ RE: Subdivision Exemption Request (Dahlander) - Lot 3, Block 1, Pitkin Mesa DATE: May 17, 1979 After reviewing the supplemental improvement survey for this application, the Engineering Department finds no problem and recommends granting of the exemption without conditions. . ~\ ,,'. '\ Aspen/Pitkin Planning Office -'\.. 130 south galena street asp en; co lor a d 0.81611 ", ,. " ',) \1"". " .'. .."" ~..~~ -,....."" .-., ", ,/ April 12, 1979 Mr. Bert Dahlander . Box 1881 Aspen, CO 81611 Dear Bert: find enclosed copies of referral comments from both Clayton Meyring and Dave Ellis. Note that Dave requested a certified improvement survey from John Doremus. Dave did not receive the survey, and will not make a final comment until he has reviewed such a survey. Therefore, I advise that you get in touch with a surveyor in order to proceed with your application. Please call if you have questions. Sincerely, . 9~ Jolene Vrchota Assistant Planner JV/sr I / p'..... " -- M E M 0 RAN DUM TO: JOLENE VRCHOTA, PLANNING DEPT. FROM: DAVE ELLIS, CITY ENGINEER ~ DATE: March 7, 1979 RE: Subdivision Exemption Request (Dahlander) Lot 3, Block 1, Pitkin Mesa In reviewing this application for subdivision exemption the engi- neering department finds that there is no certified improvement survey. It has been the engineering department pOlicy for the past several years to require a certified improvement survey for all properties proposed for subdivision exemption. By copy of this memo to John Doremus we are requesting that the applicant submit an improvement survey if he desires to proceed with the exemption application. We do not find any apparent engineering problems at this time. We reserve final comment until after we have reviewed the improvement survey. jk cc: John Doremus ~ I "" './ ..".;' Aspen/Pitkin ;"2'~nning Office 130 son;.> ;.;:11ena street aspen, co!orado81611 t.larch 7, 1979 Mr. Bert Dahlander Box 1881 Aspen, CO 81611 RE: Dahlander Condominiumization Dear Mr. Dahlander: I want to state in writing the considerations which were explained to you on the telephone several days ago. Your application for condominiumization of dwellings in Pitkin Mesa Sub- division (Lot 3, Block 1) was referred to the Chief Building Inspector (Clayton Meyring) and to City Attorney, Ron Stock. Meyring's comments (see attached) pointed out that while four dwelling units are being used at present, two of those are not allowed. One unit is in the studio/gallery which received a permit only as an accessory use, not for residential use. A building permit was not issued for the third dwelling unit in the main building. Given this situation, the Planning Office would recommend that the third unit in the main building be removed and assurances be made in writing to eliminate residential use of the accessory building before condominiumiza- tion of the remaining two units (duplex) i'n the main building would be approved. However, the City Attorney has recommended that you not process your appli- cation until CitJ' Council has had an opportunity to consider an' ordinance which would authorize development of low-moderate-and-middle income housing within a housing overlay district.. With that regulation adopted (probably in mid-r'lay), the Planning Office would recommend approval for condominium- iza<tion of the tllO legal units in the main building at free market prices, if the other two are restricted in price by means of deed covenants. (The two free market units are excepted from the GMP allocation, and all employee units are exceptt!d.) Although your lot size (16,000 sq. ft.) does not meet the requirements in Section 24-9 1/2.5, an amendment is being proposed to exempt existing development from size limits. ".<.." /.."..~ . ."..f Letter to B. Dahlander f'larch 7, 1979 Page Two According to your instructions, I will hold your application until final action is taken on this ordinance. Si ncere ly, ~~ V~/t~ Jo 1 ene Vrchota Assistant Planner JV/sr cc: John Doremus F"'>.., " '10..<' ~ M E M 0 RAN DUM TO: JOLENE VRCHOTA PLANNING OFFICE FROM: CLAYTON MEYRING ~~ CHIEF BUILDING INSPECTOR DATE: February 2, 1979 RE: Dahlander Condominiumization I have reviewed the application for condominiumization of the Dahl- ander property on Lot 3, Block 1, Pitkin Mesa. I have also review- ed my files on this property. On May 16, 1974, I issued a building permit for an art studio gal- lery as an accessory building and use. I was told by the owner, Mr. Bert Dahlander, that the existing dwelling was a two-family, and had no reason to doubt his answer. I remember very well cau- tioning Mr. Dahlander that the proposed studio and gallery could very easily be converted into a one or two-family dwelling. I was assured that this would never happen. The application clearly states that there are four dwelling units and possibly five. This property is zoned R-15 which permits one and two family dwellings and customary accessory building and use. Two dwellings cannot be on one property since a two family dwelling must be connected by at least 20 percent common wall. No building permits were issued to add a third dwelling unit in the main building nor were permits issued to convert the art studio and gallery to a dwelling. jk I" .."--', .....-.;" '"-' MEMORANDUM TO: Ron Stock, City Attorney Clayton Meyring, Building Inspector Dave Ellis, City Engineer Nark Danielsen, Housing Director FROM: Jolene Vrchota, Planning Office RE: Dahlander Condominiumization DATE: January 29, 1979 Please review the following application for condominiumization. Return your comments to me by February 26, 1979 so that I can prepare the packet memo for a March 6th City Planning and Zoning Commission meeting (as tentatively schedul ed). Note that the lot size is 16,000 square feet and there are separate gas, water and electric meters for each unit. Ron-Please review relative to criteria for condominiumization, Municipal Code Section 20-22. Clayton-Verify that any references to your office are factual. Have building permits been issued for all units? Is the number of units and layout consistent with your knowledge? Mark-To be consistent with zoning, the duplex should only have two units, but this would displace people from three units (see last page). Please comment on impact. Doremus & company postoffice box 224. 602 east hyman ave. . aspen, colorad081611 . 303925-6866 January 10, 1979 Ms. Jolene Vrchota, Assistant Planner Aspen-Pitkin County Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Dahlander Condominiumization Dear Jolene: Please consider this letter formal application to the Aspen Planning Office and Zoning Commission for an exemp- tion from the term "subdivision", as defined in Section 20-3(S) of the Aspen Municipal Code; as well as applica- tion to the Aspen City Council for approval to condo- miniumize 2 existing dwellings on one lot under Section 20-22 of the Municipal Code of the City of Aspen as amended, with respect to the Bert Dahlander dwellings on Lot 3, Block 1, Pitkin Mesa Subdivision, City of Aspen. The dwelling units, described in more detail as follows, have been in existence since 1974, the first building being built in 1967, and have been rented long term and occupied by the owner variously during this period. The request for condominiumization is solely for the purpose of modifying the nature of ownership of these structures, and will involve no additional land use, den- sity or resource impact. For the foregoing reasons, it is respectfully submitted that the contemplated "division" does not fall within the intent or purpose of Aspen's Sub- division regulations, which are expressly designed 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. As the attached plat will indicate, there are 2 separate structures situated on the property joined only by an attached walkway on the second level. Request is made to condominiumize the 2 structures as 2 units under the conditions and requirements of Section 20-22 of the Aspen Municipal Code as amended. Doremus & company post office box 224. 602east hyman ave. . aspen, colorad081611 .303925-6866 Ms. Jolene Vrchota January 10, 1979 Page Two The history of the development of the Dahlander property is as follows. At the time of purchase in 1966 the lot was zoned for duplexes and located in the County. Mr. Dahlander constructed the "original dwelling" (see plat) in 1967 and built an addition to this duplex in 1968. Following the addition, the size and layout of the duplex was: 2 bedroom, 1 bath unit of 410 square feet plus 2 car garage, 340 square feet, and storage of 435 square feet on ground floor; on the second floor there were 3 bedrooms, 1 1/2 baths and an artist's studio con- sisting of approximately 1,235 square feet. In 1974 (the property now annexed to the City of Aspen) a second build- ing was approved (#115-74 REVISED, May 16, 1974 by C. H. Meyring, City Building Inspector) for contruction, con- sisting of a gallery and frame shop on the first level and an office, music room, art studio, sewing room and bath on the second floor totaling approximately 1,700 square feet. Shortly thereafter Mr. Dahlander's work took him out of the country for an extended period of time and as a re- sult, he had to convert the second floor to a living unit and rent it long term. Because of the changing personal circumstances of Mr. Dahlander, the original house is now occupied by the owner and contains 2-two bedroom rental units. The second unit ground floor space is used by the owner as an office and art studio with the 2nd floor con- sisting of a two bedroom rental unit. The property has very adequate off-street parking with separate access for each building, as the attached plat shows. The present occupants, term of leases, rents and place of employment are shown on the attached Exhibit A. The owner hereby represents that he will adhere to the requirements of Section 20-22 (a) and (b) of the aforementioned code having to do with tenant options, tenant's right of first refusal to purchase and restricted rental leases. Following the condominiumization of the units, the applicant will, if required, restrict the use of each of the buildings to single family use. Doremus & company post office box 224. 602 east hyman ave. . aspen, colorad081611 . 303925-6866 Ms. Jolene Vrchota January 10, 1979 Page Three With respect to Section 20-22(c), (1) There will be no tenant displacement by the applicant as all tenants may remain through the term of their existing lease and may renew for an additional period at their option; (2) Material will be presented at the appropriate time which will show that tenants have not been required to move in- voluntarily within the preceeding 18 months prior to application; (3) It is assumed that the non-conforming units in the original building will be discontinued and remodeled into a four or five bedroom single family unit which will not be rented but rather owner occupied. It is submitted that the loss of the lower cost units is occa- sioned by bringing the building into conformance with current code. As to the second building, there is a good possibility that, following condominiumization, it will be sold to the present occupants; (4) It is not contemplated that the units will be for rent following condominiumiza- tion, however, the applicant will covenant not to increase present rents beyond the increases allowed by the Aspen housing price guidelines; (5) All tenants will be provided wit at least 1&0 days notice as provided in this subsec- tion; (6) As these units, when sold, will be single family dwellings, it cannot be stated with certainty that the purchaser will be an employer or a group of employers wishing to rent to its employees. As one can see from the attached Exhibit A, the property currently, and for some time, has rented at prices in excess of the current guidelines for low, moderate and middle income housing as defined in this sec- tion. Furthermore, the existing units being non-conform- ing by present code will likely be phased out and replaced with a totally different type of unit. Based on the above data and accompanying material, we respectfully request favorable consideration of this ap- plication at your earliest convenience. After you've had an opportunity to review the enclosed information, please Doremus & company post office box 224. 602east hyman ave. . aspen, colorad081611 .303925-6866 Ms. Jolene Vrchota January 10, 1979 Page Four advise me as to quired in order application fee what further to proceed. of $50.00. data or action may be re- Please find enclosed our Thank you for your consideration and assistance. JD:abs Enclosure ~ " .. > . 6 - I"" \"., /'\ '-- ,....E' I ~<-~~""~ '..... i I --- :"4-~ -<., " ___ ry'~a I -- .t?/ ,"- <<>"'& <!l --- ..... i ---- ~ z --- -- ------ )- Iu ..... ~ k >- ~ --- -- f --- III '" ... A' > ii: t "). ~ ----- ~ -- 'I " \l. --~ ~ ~- >- ~ ~ , (: ~ ~ ! ~ ~ ~ i ~ ~ i ~ ! ~ 0: ~ .... ~~ 'q:- ~' IC\" ''1 ~ a:. " ---------- Ie' J)Tf"rrY P's"",~f{T /."#",e c ~ ~# EXHIBIT A DAHLANDER UNITS space - size - term of leases - rents - occupants - employment Original Building - Downstairs 2 Bdrm.-410 Sq. Ft.-One Year Lease-$350/Mo.* Kim Brandle - Dental Nurse/Dr. Sherriff Pamela Oracion - Shop Clerk/Design & Wire Upstairs 2 Bdrm.-800 Sq. Ft.-One Year Lease-$600/Mo.* Elizabeth Dye - Vilcore Velaine Holstine - Red Onion & Rick's Michelle Robins - Highlands Instructor upstairs 2 Bdrm.-435 Sq. Ft.- NA NA Owner/Applicant - Self Employed Second Building - Downstairs Art Studio,etc.-850 Sq. Ft.- NA NA Owner/Applicant - Self Employed Upstairs 2 Bdrm.-850 Sq. Ft.-One Year Lease-$450/MO.* Dan Koster - Self Employed (Part Owner La Pinata Restaurant) Veronica Monroe - La Puma & La Pinata *Note: The above rents include all utilities. J. D. 12/26/78 e NILS - BERTIL "BERT" DAHLANDER Box 1881 Aspen, Colorado 81611 Phone 925.2992 + informations for Ms Jolene Vrchota regarding DAIIL;,'DER Condominiumization Aspen February 3rd.,1979. January 1st 1978 as my now EX wife and cuildren left Aspen I started to rent out our apartment ( 2 bedrooms about 800 sq feet) in order to pay for childsupport and alimony. Rented it to Hr and Mrs Jim SF.A"l and their 2 children. They moved out after a couple of months because they bought a house in EHHA. After that Elizabeth DVE ,Velaine Holstine and Michelle Robbins are renting it until October 1st 1979. For the last 18 months I have had the same renters as EL~IBIT A, namely: Second building: DAF KLO.iT::R and V">cOHICA :;O:TROE Original building: Kim Brandle and Pamela Oracion Bert Dahlander .,.