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Home My WebLink Aboutcoa.lu.ex.LotsA-C,Blk48.1979 '~.'.~_'~H"_'~____~~_.~~_""~"'--;C-"'_ .... , r~ception Number: ~Jl~~~ ~f BOOK ~64 rAtE 769 Recorded at 2:44 P.M. Mar 1~ 1979 Loretta Banner Recorder ,," ... 4 STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION WHEREAS, the applicants, ANDREW J. FRISHMAN and BELINDA BOWLINE FRISHMAN, are the owners of the following described real property situate in the County of pitkin, State of Colorado: Lots A, Band C, Block 4B Townsite of Aspen and, WHEREAS, there is presently constructed upon the property above-described a duplex consisting of two (2) three- bedroom units; and, WHEREAS, the applicant has requested an exemption from the definition of a subdivision for the purposes of subdividing the existing duplex through condominiumization; and, WHEREAS, the Aspen Planning and Zoning Commission at its meeting held August 1, 1978, determined that an exemption from the definition of a subdivision was appropriate in the circum- stances and recommended that the same be granted; and, WHEREAS, the City Council of Aspen, Colorado at its meeting held August 14, 1978, and upon the recommendation of the Planning and Zoning Commission aforesaid, determined that the application of Andrew J. Frisrunan and Belinda Bowline Frishman met the requirements of subsection (c) of Section 20-22 of the Municipal Code of the City of Aspen, as of August 14, 1978, and that, accordingly, the subdivision of the existing duplex through condominiumization is not within the intent and purpose of Chapter 20 of the Municipal Code of the City of Aspen; NOW, THEREFORE, the City Council of Aspen, Colorado does hereby determine that the proposed subdivision through the condominiumization of the duplex situate upon Lots A, Band C, Block 48, Townsite of Aspen, Pitkin County, Colorado, is not I .. ... .. - "" '-,/ flOOtl 364 r,\Gr 770 within the intent and purpose of Chapter 20 of the Municipal Code of the City of Aspen and does, therefore, grant an exemption from the definition of a subdivision for the purposes aforesaid; PROVIDED, HOWEVER, that the grant of the foregoing exemption shall be subject to and conditioned upon compliance with the provisions of subsections (a) and (b) of Section 20-22 of the Municipal Code of the City of Aspen, as these particular sections read on August 14, 1978. DATED: k~ Stan~, ::0 I, KATHERINE S. KOCH, do hereby certify that the fore- going Statement of Exemption From the Definition of a Subdivision was considered and approved by the Aspen City Council at its regular meeting held August 14, 197B, at which time the Mayor, Stacy Standley, III, was authorized to execute the same on behalf of the City of Aspen. j ","'il \\\\\ 1::' " \\\ ,! ".l '" ,\ .~ \. . ",i) $:- ". \.~"'. . ........ .c'.. .~~ $ "".' '.""," ',' ~ .... ". ~;. ~ : c.t ......fA \' "~. =. :: : 1'~'~ ~..<:' 2 - .. . - -:. .:. ~~. ~ . ..... ..... .$.": ......;.,.,~ \" C;. (~_ 101 \\\\'- \\\\\ ".,.jl" /A-rl', ) ,d~ ~ I~OCh "" c'. ''', ... -2- ,,'" '~ -....."..r M E M 0 RAN DUM TO: r\spen City Council FROM: Planning Office, Richard Grice RE: Frishman Subdivision Exemption DATE: August g, 1978 '/ rU' ~-- ,'.... ,.....', \. '.' ' r ~ ~ --' 'r: ,_-, '7 '1' ~'I/ from the definition of subdivision existing duplex 40cated on Lots Aspen. The prop~rty is zoned The attached application requests exemption for the purpose of condominiumization of an A, B, and C, Block 48, City and Townsite of R-6 and contains 9,000 square feet. The app 1 i ca ti on was referred to the City Engi neeri ng Department whi ch after making a site inspection and reviewing the improvement survey recommends approval of this subdivision exemption request without condition. Mark Danielsen, Housing Director, has also reviewed the Frishman application. One unit is occupied by the Frishmans themselves and the other for several years been leased to the Aspen Institute. At the present time the second unit is vacant, and it has never been a part of the low or moderate income housing supply. Therefore Mark does not believe there will be any tenant displacement. t1ark recommends the aporoval of the subdivision exemption request, provided, that in the event there should be a tenant in either unit at such time as it is sold, the Frishmans agree that they will be given the appropriate right of first refusal to purchase the unit, or if they do not wish to exercise their right, 180 days within which to relocate, and subject to the six-month minimum lease restrictions of Ordinance #53. The Aspen Planning and Zoning Commission revie\1ed this applicati<:Jn at their regular meetic9 on August 1 and recommended your approval subject to the cond"itions expl"essed by Mark Danielsen. , '1: t . j . .., , tV ,o.r ;: " I " ' . ,~ V~"f.n .(11: ~ }J-'-'l->".~'( '-_--~-.-- {j ----~..-~---- sr .-- o ,""'" >' 'v I .I "qoBa u01sualli1P u1 ~aaJ a~Bnbs 009'1 Kla~Blli1xo~ddB a~B pUB Sla^al aa~q~ JO ~SlSuOo~lun MaU pUB PI0 aq~ q~OH '~lun MaU aq~ ~OJ puooas 'N 9~t pUB ~lun PI0 aq~ ~OJ Ja166nms 'M 6~~ JO sassa~ppe ~aa~~s aq~ ~Baq s~lun aqili '~lun PI0 aq~ JO ~aUJOO ~sBaq~nos aq~ ~B Kla~Bill1xo~ddB paqoB~~B SBM (~lun Mau aq~) ~lun puooas e 'OL61 UI "~aa~~s ~a166nlliS pa~uo~J q01qM '(~lun PI0 aq~) ~lun 6u111aMP auo KIUO pau1B~uoo ~1 '~961 u1 sUBlliqs1~d aq~ Xq pa~lnboB SBM X~~ado~d aq~ alli1~ aq~ ~v "~aaJ a~Bnbs 000'6 sU1B~uOO pUB '~aa~~s puooas q~~oN Xq ~saM alp UO pue ~aa~~s ~a166nlliS Xq q~;rou aq~ uo punoq sl 'lB1~uaP1sal:! 9-l:! pauoz sl q01qM 'X~JadoJd aqili 'uadsv JO a~lsuMoili pUB X~lJ '8t ~oolH 'J pUB H 'V s~o~ uodn a~Bn~ls xaldnp alX~s UB1JO~Ol^ J1aq~ JO u01~ez111in1u111iopuoo pasodoJd aq~ q~lM u01~oauuoo u1 (uadsV JO X~lJ aq~ JO apoJ IBd101unw '(q)61-0~ u01~oas) U01s1^lpqns B JO u01~lu1Jap aq~ lliO~J u01~dlliaxa ue ~aas U01~Bo11ddB slq~ Kq OqM 'uBlliqs1Jd '~ MaJpUV 'SJW pUB "Ja ~uasa;rda~ aM :uallial~ua8 pUB sa1pB~ u01~ez111in1u111iopUOJ xa1dna !U01s1^lpqns JO u01~ 1u1Jaa UIOJd u01~dlliax8 ~oJ u01~Bo11ddV : al:! 11918 opeJoloJ 'uadsv BualB8 q~nos 0(1 neH X~lJ a01JJO 6u1uUBld u1~~ld/uadsv 11918 ope~oloJ 'uadsv Bua1B8 q~nos 0(1 uadsv JO X~lJ u01ss1WllioJ 6uluUBld lI918 oPBJOloJ 'uadsv BuaTB8 q~nos 0(1 uadsv JO K~lJ nounoJ X~ 1J ~d31.SN3S13 "!) O,r-.'10 Sad 1fM03 'Q Ae-ltjve 009Z~S26 :JNOHd3i3.1. 53HDnH "M .Ll::l380~ CO(; 300:) ","i}~jV il!'NVOdOr -Of I'l""n--'IM 8L61 '1 oun~ 'tJr 'f,t.L'ftj')'J1'i SV,OH:JIN 'r NI.lSn", '0 a,....t.OH 11910 ouvtJ(YlO'J 'W3dSV S31"'0 't'l O~JVNQ:n ::HlN:JAV ~;Nj\.!c10H .lG'r~ 009 NVOClOr '8 HJ_vC!S):JN 'NIJSnv 'S31.VO S3:l1.3.:l0 "'V-l \ /'~ '-~ OATES, AUSTIN, MCGRATH So JORD^N Page 'fwo The old unit contains a laundry room, bathroom, and storage area in the cellar level, a kitchen, dining room, parlor room, master bed and bathroom on the main level, three bedrooms and a bathroom on the upper level, The new unit contains two bedrooms, a bath- room and a laundry room on the lower level, a front room, dining area, kitchen and powder room on the main lev~l, and a bedroom and one and a half bathrooms on the upper level, \ The property has an assessed valuation of $198,000.00, and conservative estimates of its market value would place it in the $250,000,00 to $300,000,00 range, The Frishmans, \>lho themselves have occupied the old unit for the past several years have in the past, leased the new unit to the Aspen Institute and plan to continue this arrangement, The new unit is presently not occupied. Their principal concern with condominiumizing at this time is to provide a hedge against obvious spiraling economic factors in relation to their relatively fixed incomes. They have no present plans to sell either of the units. HI's. Frishman recently renewed her teaching career and is now teaching at the high school; Dr, Frishman has retired from active private practice but continues to perform professional services for the Colorado Rural Health Program and on a periodic short term basis abroad with the Peace Corps, The Frishmans, of course, are fully aware of the City's understandable concerns with tenant displacement and low and moderate income housing, We believe that in this particular case the impact of condominiumization upon these concerns is minimal at best, As indicated earlier the Frishmans now occupy and plan to continue to occupy the old unit as their principal resi- dence, The new unit is currently unoccupied and, hence, the problem of tenant displacement now simply does not exist, Naturally, should tenants be occupying the premises if the units are offered for sale they will be given the appropriate right of first refusal to purchase their units or, if they do not wish to exercise this right, 180 days within which to relocate, The Frishmans also understand that these conditions, along with the restriction of minimum six month lease terms for condominiumized units will be imposed if this application is granted. .1:'.' f' , '" ' . ,,J. .v I I I I I i I I J P::J/HHlI ('m,.l wy~' Jti1).7r~ la \ I ,j ~ / NVGlI r ~ HiliVlI8::JW 'NIiliSnV 'S~iliVO 's~no^ lIn~~ l~a^ 'uo,~E~ap,suo::J ~nO^ ~OJ nol ~uE4ili 'a~,nba~ ~4b,lli nol UO,~Elli~OJU, ~a4~~nJ lUE 4~,M nol lIddns o~ lddR4 aq II,M aM ^IIE~n~EN 'uo,~E::J,IddE s,4~ sa,UROlliO::J::JE ^a^~ns ~ualli -a^O~dlli, uv 'asRa S,4~ u, a~ET~doJddE s, UOT~dlliaXd UO,s,^,pqns E ~E4~ a^a,Iaq aM 's~uallia~,nba~ ~Inq pUE Ea~E 'asn bu,~s,xa q~,M aaUElliJoJUO::J u, pa~::Jn~~suo::J lpEa~IB s1 a~n~::Jn~~s a4~ ~E4~ pUE ~uaw -dOIa^ap pauuEId pUE ^TJap~o a~1?pOllillioa::JE o~ s, SMRI UO,s,^,pqns a4~ JO ~ua~u, pUE asodJnd IEdl::Ju,Jd a4~ ~E4~ ua^18 '6Ulsnoq allio::Ju, a~E~apow JO ~a~~Ew aSE4a~nd a4~ uodn ~aedwl aS~a^pE OU O^Eq lTIEaJ PTnOM U01~Rz,wn,uTwopUO::J os pUR abUEJ OlliO::JU, a~EJapOlli a4~ uTq~1M ~ou s, a~n~an~~s a4~ JO anIE^ aTqe -l'OSEa~ aq~ ~Eq~ :jSabbns o~ /'T~EaT::J ~Eoddl? xaIdnp 2lp JO anIE^ ~a~~Rw ~lEJ aq~ JO Sa~l?lli,~Sa a^11l?^~OSUO::J pUl? anT1?^ passassE a4ili '~a~~Ew a~E~sa IEa~ lua~~n::J a4~ PUE sl,un aql JO a6E~00J a~Enbs aq~ bUT~ap,suoa 'OilloaUT all?~apOill JO Guos~ad lq l~JTlqcP~OJJE JO Il?,~UalOd aql 01 JIasll spuaT lT~lRJ ~lun ~aql,oN aa~qJ, abEd \ H1-VCl8::J"" '8 ~II.LSnv '531-'110 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Planning Office, Richard Grice RE: Frishman Subdivision Exemption DATE: July 18, 1978 The attached application requests exemption from the definition of subdivision for the purpose of condominiumization of an existing duplex located on Lots A, Band C, Block 48, City and Townsite of Aspen. The property is zoned R-6. The application was referred to the Housing Director as well as the City Engineering Department, As of the time of this writing, we have only received comment from the City Engineering Department. Dave Ellis, after making a site inspection and reviewing the improvement survey submitted with the application, recommends approval of this subdivision exemption request without condition. The Frishmans are fully aware of the City's concerns regarding tenant displacement and have made satisfactory representations regarding Ordinance #53 within their applica- tion. One unit is occupied by the Frishmans themselves and the other has for several years been leased to the Aspen Institute. At the present time the second unit is vacant, therefore, there will be no tenant displacement. However, in the event that there should be a tenant in this unit at such time as it is sold, the Frishmans agree that they will be given the appropriate right of first refusal to purchase the unit or, if they do not wish to exercise their right, 180 days within which to relocate. They are also willing to accept the six-month minimum lease restrictions of Ordinance #53, The Planning Office recommends approval subject to a minimum six-month lease provisions of Ordinance #53. RG:mc MEMO TO: RICHARD GRICE PLANNING DAVE ELLIS \"'\t.....-- ENGINEERING ...v FROM: DATE: June 28, 1978 RE: Subdivision Exemption Request (Frishman) Lots A - C, Block 48, Original Aspen Townsite The engineering department has reviewed the improvement survey and made a site inspection. We recommend approval of the exemption without conditions. jk ,,^~,- ~ , MEMORANDUM TO: Dave Ellis, Engineering Marc Danielson, Housing FROM: Richard Grice, Planning RE: Frishman Subdivision Exemption DATE: June 5, 1978 Hello, again! In our continuing stream of applications, we have yet another to consider. scheduling this item for the July 6, 1978, City Could I please have your comments by Wednesday, Thanks, RG:mc condominiumization I am tentatively P&Z meeting. June 28? -... M E M 0 RAN DUM TO: Aspen City Council FROM: Planning Office, Richard Grice RE: Frishman Subdivision Exemption DATE: August 9, 1978 The attached application requests exemption from the definition of subdivision for the purpose of condominiumization of an existing duplex located on Lots A, B, and C, Block 48, City and Townsite of Aspen. The property is zoned R-6 and contains 9,000 square feet. The application was referred to the City Engineering Department which after making a site inspection and reviewing the improvement survey recommends approval of this subdivision exemption request without condition, Mark Danielsen, Housing Director, has also reviewed the Frishman application. One unit is occupied by the Frishmans themselves and the other for several years been leased to the Aspen Institute. At the present time the second unit is vacant, and it has never been a part of the low or moderate income housing supply. Therefore Mark does not believe there will be any tenant displacement. Mark recommends the approval of the subdivision exemption request, provided, that in the event there should be a tenant in either unit at such time as it is sold, the Frishmans agree that they will be given the appropriate right of first refusal to purchase the unit, or if they do not wish to exercise their right, 180 days within which to relocate, and subject to the six-month minimum lease restrictions of Ordinance #53. The Aspen Planning and Zoning Commission reviewed this application at their regular meeting on August 1 and recommended your approval subject to the conditions expressed by Mark Danielsen. sr " LAW OFFICES OATES, AUSTIN, MCGRATH a JORDAN 600 EAST HOPKINS AVENUE LEONARD M. OATES RONALD D. AUSTIN ASPEN, COLORADO 81611 J. NICHOLAS MCGRATH, JR. WILLIAM R. JORDAN ill June 1, 1978 ROBERT W, HUGHES BARFlY D. EDWARDS DAVID G. EISENSTEIN AREA CODE 303 TELEPHONE 9Z5~2eOO City Council City of Aspen 130 South Galena Aspen, Colorado 81611 Planning Commission City of Aspen 130 South Galena Aspen, Colorado 81611 Aspen/Pitkin Planning Office City Hall 130 South Galena Aspen, Colorado 81611 Re: Application for Exemption From Definition of Subdivision; Duplex Condominiumization Ladies and Gentlemen: We represent Dr. and Mrs, Andrew J. Frishman, who by this application seek an exemption from the definition of a subdivision (Section 20-19(b), Municipal Code of the City of Aspen) in connection with the proposed condominiumization of their Victorian style duplex situate upon Lots A, Band C, Block 48, City and Townsite of Aspen. The property, which is zoned R-6 Residential, is bound on the north by Smuggler Street and on the west by North Second Street, and contains 9,000 square feet, At the time the property was acquired by the Frishmans in 1962, it contained only one dwelling unit (the old unit), which fronted Smuggler Street, In 1970, a second unit (the new unit) was attached approximately at the southeast corner of the old unit, The units bear the street addresses of 229 W, Smuggler for the old unit and 426 N. Second for the new unit. Both the old and new units consist of three levels and are approximately 1,600 square feet in dimension each. OATES, AUSTIN, MCGRATH 8. JORDAN Page Two The old unit contains a laundry room, bathroom, and storage area in the cellar level, a kitchen, dining room, parlor room, master bed and bathroom on the main level, three bedrooms and a bathroom on the upper level, The new unit contains two bedrooms, a bath- room and a laundry room on the lower level, a front room, dining area, kitchen and powder room on the main level, and a bedroom and one and a half bathrooms on the upper level, The property has an assessed valuation of $198,000.00, and conservative estimates of its market value would place it in the $250,000.00 to $300,000.00 range. The Frishmans, who themselves have occupied the old unit for the past several years have in the past, leased the new unit to the Aspen Institute and plan to continue this arrangement. The new unit is presently not occupied. Their principal concern with condominiumizing at this time is to provide a hedge against obvious spiraling economic factors in relation to their relatively fixed incomes. They have no present plans to sell either of the units. Mrs. Frishman recently renewed her teaching career and is now teaching at the high school; Dr. Frishman has retired from active private practice but continues to perform professional services for the Colorado Rural Health Program and on a periodic short term basis abroad with the Peace Corps. The Frishmans, of course, are fully aware of the City's understandable concerns with tenant displacement and low and moderate income housing. We believe that in this particular case the impact of condominiumization upon these concerns is minimal at best, As indicated earlier the Frishmans now occupy and plan to continue to occupy the old unit as their principal resi- dence. The new unit is currently unoccupied and, hence, the problem of tenant displacement now simply does not exist, Naturally, should tenants be occupying the premises if the units are offered for sale they will be given the appropriate right of first refusal to purchase their units or, if they do not wish to exercise this right, 180 days within which to relocate, The Frishmans also understand that these conditions, along with the restriction of minimum six month lease terms for condominiumized units will be imposed if this application is granted. , -- OATES, AUSTIN & MCGRATH Page Three Neither unit fairly lends itself to the potential of affordabi1ity by persons of moderate income, considering the square footage of the units and the current real estate market, The assessed value and conservative estimates of the fair market value of the duplex appear clearly to suggest that the reason- able value of the structure is not within the moderate income range and so condominiumization would really have no adverse impact upon the purchase market of moderate income housing. Given that the principal purpose and intent of the subdivision laws is to accommodate orderly and planned develop- ment and that the structure is already constructed in conformance with existing use, area and bulk requirements, we believe that a subdivision exemption is appropriate in this case, An improve- ment survey accompanies this application. Naturally we will be happy to supply you with any further information you might require, Thank you for your consideration. Very truly yours, OATES, p,-USTIN, / ! i By RWH/cd