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HomeMy WebLinkAboutcoa.lu.ex.LotsA-C,Blk48.1979qua - E�-\a FRISHMAN Lots A,B,C, Block 48 1 X !, A v IL U D z O U W 1-n F 0. C17-"Y MONUMENT 0 0 r 1-O. CITY MONUMENT 0 0 Q 0 W v to 0 ,Z SMUGGLEr �,7 EDGF CONDOMINIUM MAP OF AN GX15T1NG �UPL E7C 1-OC/,7-EtJ (�5N Lc�'T 5 A,D AND C C3LOC V, 48 TOWN'81TE OF: ASPEN CoL.oRAOO/ Q\TYQN COUNTY F0, 'aS RE -BAR /WCAP tA(08(BIB ,9 q3� FD ";AZ RE-J 1pR W/RED CAP ':901g N� CDR. BL-K. 46 b 0. 0 Id J d b n 7 Z J SCALE III = 101 O 20 10 25 5I= T *:� 5 IR E SAR - W*12I 3P�LA .CAP � 0' o' 8O' SO 6 3' W. C. t* 5' 4. BP\R Q 0.35� 3.-7wIPL�a CAP %�23-00 cn �S'15Gg' EgGE OF' GRAVEL ALLEY BLOCK 48 LEGEND E NOTES CPALL IN L rROM 1-I58 CITY OF p,SPEN OFFIC,xL PLAT t --2 WOOD FENCE SURVEY ©Ft1ENT'ETD WITH FOUND MONUMENTS OWNER'S CERTIFICATE - - AS c>W %F-R OF _ COt-.ORADO HERE 9Y CER?IFY 1 "Nj '1H13 P\-AT CIF TWEW HAS 6EEN PREPARED PURSUANT TO THE- PURPflBES SiA7E.D IN THE. CONDOMINIUM C?EC.%, Ap1A iA(5N 1 e%q SAID CONDOMINIUMS GATED T"NS DA,,( OC _ ANO REC'.C?R.SJEt) IN BOOK AT PAGE OF THE RECORDS OF "TWE, CLERK AND Vkrc0stpEpl Of 'f"IR, C,tomoul`( OF PITKIN STATE OF COLOR,ADC% STATE OF C.OLORADO COUNTY OF-pITKIN j S.S. THE FOREGO\NG OWNERS CE.RT\F \CAT ?- WAS ACKNOVV L. EO GEV) aE FORE ME TH\S DAY OF BY AS OWNER WITNESS MY NAND AND OFFICIAL SEAL MY COMMISSION E7�'PIRE S NOTARY PUBL1c. SURVEYOR'S CERTIFICATE I GERARD H. PESMAN, A COLORADO REGISTERED PROFESSIONAL ENGINC.ER AND LAND SURV%YOR HER E13Y C-RRTIFY AS FOLLOWS ! IN -MAY 19-IFl A SURV%-f WAS MADE. UNDER MY DIRECTION AND SUPERUISION -6C�TS AIC31c1C SLK48 TOWNSI'T"F CIF ASP N STATE OF GOLOFtgDO, AND FOUND THEREON A EXISTINC- i7 Ip _LOCATIZO ENTIRFL.Y WITHIN THE SoUNOARY LINES OF SAID DESCRIBED PROPERTY AS SHOWN ON TNIS PLRT DABS=D ON THE F%Z%.-D EVIDFNGC SHOWN AS FouND T142 LOCAT\ON AND DIMENSIONS OF TH'E OOUNDARY LINES, BUILDING AND IMPROVEMENTS, IW EVIDENCE OR KNOW N TO ME ARE ACCUR ATG.L`C SHOW N ON TH\S MAP AND THE MAP ACCGUP�AT CLY AND 8UB STANT KA LL`C DEPICT TH1: LOCAT\ON AND THE HOlRIZ,ONT M- AND VS.RTI GAL MEASUREMENTS O F T4IE BUILDING, THE CONDOMINIUM UNITS THEREIN, THE UNIT DESIGNATIONS THERE01=,"THE DIMENSIONS OF SAID UNITS, AND THE. ELEVATIONS OF T\aE FVR\SH'i;D FLOOR AND CEILINGS. GF.RARO VA. PEsMAN COLD. REG. PROF. ENGR. AND LAND SUFtV6`[0R 237G STATE OF COLO RAPO ) COUNT`< OF PITKltj j S.S. THE. FOREGOING SURVEvOR'S C&RTIF\GATE WAS AC.KNOwLEDGED DEFORE ME TNIS DAY C4F 3Y GERARO H. PESMAN. WITNESS MK HAND AND OFF\UAL SGP.L_ MY COMMISSION EXPIRES NOTARY PupL\c- CLERK�RECORDER)S ACCEPTANCE ACCEPTED FOR FILING I% THE. OFFICE OF CLERK AND RZCoRDER STATE OF COLOR ADO AT O' CLOCK _ M. 7 TH1 S DAY OF _ IN PLAT BOOK( AT PAGE CLERK AND RECORDER OF T\AE COUNTY OF PITKIN7 19 ..IoTZy— m144q l- A G r- / --jzS Recorded it 2:44 P.M. Mar 6 1979 Loretta Banner Recorder t;eption Number: ��d�►y BOOK 364 PALE / 6 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: and, Lots A, B and C, Block 48 Townsite of Aspen 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. Frishman 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, B and C, Block 48, Townsite of Aspen, Pitkin County, Colorado, is not boox 364 F-m-r- 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: r. 1979 Stac Stan dle , III, Mayor,% 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, 1978, at which time the Mayor, Stacy Standley, III, was authorized to execute the same on behalf of the City of Aspen. Katherine Koch -2- AINOOO NIMII& W 171 MEMORANDUM. FO: 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 condominiurnization 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. r C sr `� 1 LAW OFFICES OATES, AUSTIN, MCGRATH 8, JORDAN LEONARD M. OATES RONALD D. AUSTIN J. NICHOLAS MCGRATH, JR. WILLIAM R.JORDAN _ill ROBERT W. HUGHES BARRY D. EDWARDS DAV-D G. EISENSTEIN City Council City of Aspen 130 South Galena Aspen, Colorado 8161.1 Planning Commission City of Aspen 130 South Galena Aspen, Colorado 81611 GOO EAST HOPKINS AVENUE ASPEN, COLORADo oipii June 1, 1978 Aspen/Pitkin Planning Office City Hall 130 South Galena Aspen, Colorado 81611 AREA CODE 303 TELEPHONE 925-2600 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, B and 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 unitsconsist of three levels and are approximately 1,600 square feet in dimension each. •0. s OATES, AUSTIN, McGRh,TH I, jor:._)!\rd 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. 4. OATES, AUSTIN & MCGRATH Page Three Neither unit fairly lends itself to the potential of affordability 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 suggestthat the reason- able value of the structnre 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. RWH/cd Very truly yours, OATES, AUSTIN, MCGRATH & J LIM rt' TnT.- Hughes At M E M O R A N D U M 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, B and 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, �-,7e 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 CJ MEMO TO: RICHARD GRICE PLANNING FROM: DAVE ELLIS ENGINEERING�i 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, 7ngineering Marc Danielson, Housing FROM: Richard Grice, Planning RE: Frishman Subdivision Exemption DATE: June 5, 1978 Hello, again! In our continuing stream of condominiumization applications, we have yet another to consider. I am tentatively scheduling this item for the July 6, 1978, City P&Z meeting. Could I please have your comments by Wednesday, June 28? Thanks. RG:mc M E M O R A N D U M 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 00 SP LAW OFFICES GATES, AUSTIN, MCGRATH & JORDAN 600 EAST HOPKINS AVENUE LEONARD M. OATES ASPEN, COLORADO 81611 RONALD D- AUSTIN J. NICHOLAS MCGRATH, JR. June 1, 1978 WILLIAM R.JORDAN III ROBERT W. HUGHES BARRY D. EDWARDS DAVID G. EISENSTEIN 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 AREA CODE 303 TELEPHONE 925-2600 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, B and 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 unitsconsist of three levels and are approximately 1,600 square feet in dimension each. 40 OATES, AUSTIN, MCGRATH & 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. r OATES, AUSTIN & MCGRATH Page Three Neither unit fairly lends itself to the potential of affordability 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 suggestthat 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, A'USTIN, MCGRATH & By RWH/cd t'W Huahes