HomeMy WebLinkAboutcoa.lu.ex.Getz, Lots P,Q, Block 33GETZ SUBDIVISION EXEMPTION
LOTS P&Q, BLOCK 33
JEFFREY H.SACHS
HERBERT S. KLEIN
JON DAVID SEIGLE
it
SACHS KLEIN & SEIGLE
ATTORNEYS AT LAW
601 EAST MAIN STREET
ASPEN, COLORADO 81611
( 303 ) 925-6813
September 27, 1979
Mrs. Kathryn Koch
City Clerk
130 South Galena
Aspen, Colo 81611
Dear Kathy:
DENVER OFFICE:
1660 LINCOLN STREET -SUITE 1518
DENVER, COLORADO 80264
(103 ) 837-8800
Enclosed is the original, recorded Statement of
Exemption pertaining to the condominiumization
of the Getz duplex.
This document is returned to you for the City's
files, and I have retained a photo copy of the
document in my files.
JHS:ea
very truly yours,
SACHS KLZIN /V SEIGLE
JeffifM H. Sachs
Recorded at 120PM September 21, 1979 Loretta 0ner Recorder zee s N0.
STATEMENT OF EXEMPTION 37,6 I'A6,194
FROM THE DEFINITION OF SUBDIVISION
WHEREAS, Irving Getz is the owner of a parcel of land
located in Pitkin County, Colorado, more particularly described
as:
Lots P and Q, Block 33,
East Aspen Addition to the Townsite of Aspen
County of Pitkin, State of Colorado
WHEREAS, the applicant has an existing duplex located
on said property, and
WHEREAS, applicant has requested an exemption from
the definition of subdivision for the purpose of subdividing the
existing duplex through condominiumization, and
WHEREAS, The Aspen Planning and Zoning Commission, at
its meeting held July 17, 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 subdi-
vision of the existing duplex through condominiumization is not
within the intent and purpose of the subdivision ordinances set
forth in Chapter 20 of the Aspen Municipal Code,
THEREFORE, the City Council of Aspen, Colorado, does
hereby determine that the proposed subdivision of the duplex
located on said property by its condominiumization is not within
the intent and purpose of the subdivision ordinance and does,
for such reason grant an exemption from the definition of such
action,
PROVIDED, HOWEVER, that the foregoing exemption is
conditioned upon the restriction of rental of said condominium
units to periods of not less than six successive months with
no more than two shorter tenancies per year.
Dated: August 30 , 1979
Herman Edel
I, KATHRYN S. KOCH, do hereby certify that the fore-
going Statement of Exemption from the Definition of Subdivision
was considered and approved by the Aspen City Council at its
regular meeting held Monday, August 13, 1979, at which time the
Mayor, HEP14AN EDEL, was authorized to execute the same on behalf
of the City of Aspen.
KATHRYN S KOCH, City Clerk
STATE OF COLORADO)
)ss.
COUNTY OF PI`i'KIN )
5,,.{es,,,W The foregoing was acknowledged before me this 1 day
of-Atiernstr, 1979, by HERMAN EDEL, and KATHRYN S. KOCH, personally
known to me to be the Mayor and City Clerk, respectively, of the
City off Aspen.
WITNESS my hand and official seal.
My commission expires: Any Commission expires October 19, 1982
Notary blic
As��� eta F ✓Gl/
c
1'J
9
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MEMORANDUM
TO: Aspen City Council
FROM: Richard Grice, Planning Office
RE: Getz Subdivision Exemption
DATE: August 3, 1979
The attached application requests subdivision exemption for the purpose of
condominiumization of a new duplex located on the cul-de-sac on East Hyman
Avenue. Also attached for your review is an affidavit signed by the applicant
which attests to the fact that the property has never been part of the low or
moderate income housing markets. In fact, since the completion of the duplex
in March of 1979, neither of the residential units have been leased or occupied
by any persons other than the applicant and members of his family.
After having reviewed the improvement survey and having made a site
inspection, the Engineering Department recommends that the exemption be granted
approval without condition.
Ron Stock recommends that approval be conditioned upon the six month minimum
lease provisions of Section 20-22 of the Municipal Code of the City of Aspen.
The Planning and Zoning Commission accepted the Planning Office recommendation
and at their regular meeting on July 17, 1979, recommended your approval of the
exemption subject to the six month minimum lease provisions of Section 20-22.
0
•
APPLICATION FOR EXEMPTION
FROM SUBDIVISION REGULATIONS
Request is hereby made on behalf of Irving Getz
(hereinafter referred to as "Applicant"), under Section 20-19(a)
of the Aspen, Colorado, Subdivision Regulations, for an exemp-
tion from the definition of the term "Subdivision" with
respect to the following real property:
Lots P and Q, Block 33,
East Aspen Addition to the Townsite of Aspen
County of Pitkin, State of Colorado
It is submitted that the requested exemption is
appropriate. This application involves subdivision of an
existing duplex. A subdivision of one lot with a duplex on
it creates conditions whereby strict compliance with subdivi-
sion regulations would deprive the Applicant of the reasonable
use of his 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 regulations 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 compatible with the zoned
density for the property. Construction of such duplex build-
ing was completed in May of 1979. There are no existing
leaseholds applicable to either of the units in the duplex
building and neither of such units is suitable for low or
moderate income housing as described in the housing price
guidelines adopted by the Aspen City Council. The Affidavit
of Applicant attached hereto presents evidence that approval
of this application will not reduce the supply of low and
moderate income housing.
Applicant agrees upon condominiumization approval
to restrict the rental of said duplex units to periods of
not less than six (6) successive months (or in the alternate
to not more than twice for short-term periods within any
calendar year).
The Applicant would appreciate your consideration
of this application at your next regular meeting.
r
Dated: June / , 1979
SACHS, KLEIN & SEIGLE
Attorneys/ fir Irvir/q Getz
J" y . Sachs
X6 1 a Main Street
7sp olorado 81611
(303) 925-6813
-2-
AFFIDAVIT OF
IRVING GETZ
STATE OF FLORIDA)
) ss.
COUNTY OF DADE )
The Affiant, being first duly sworn upon his oath, deposes
and says:
1. That he is the owner of certain real property described
as Lots P and Q, Block 33, East Aspen Addition to the Townsite of
Aspen, County of Pitkin, State of Colorado. A duplex residence
(hereinafter called the "Duplex") has been constructed on said
property by Affiant.
2. Construction of the Duplex was completed in March of
1979, and neither of the residential units in the Duplex have been
leased to or occupied by any person other than Affiant and members
of his family. The residential units in the Duplex therefore have
no rental history and no tenants have been displaced therefrom.
3. Each of the residential units in the Duplex is large
and luxurious and is not affordable for tenancy by persons of
low or moderate income within the housing price guidelines adopted
by the Aspen City Council.
4. Affiant does not intend to sell either of the residential
units in the Duplex to any employer or group of employers who intend
to rent the units to their employees.
5. If any persons are tenants in the residential units in
the Duplex at the time of condominiumization of the Duplex, then
Affiant will give such persons the first opportunity to purchase
such units at the proposed fair markt'valuif ither of such
units is sold.
IRVIN , GET
Subscri ed and sworn to before me this god day of
, 1979, by IRVING GETZ.
WITNESS my hand and official seal.
My commission expires:
P401AAY PJDLIC
Mr COMMISSION 1,11 s
90N0tfl THr-J t"-AkAt. IBIS. urD•Rwk; of ry Public
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Richard Grice, Planning Office
RE: Getz - Subdivision Exemption
DATE: July 12, 1979
The attached application requests subdivision exemption for the purpose
of condominiumization of a new duplex located on the cul de sac at East Hyman
Avenue. Also attached for your review is an affidavit signed by the applicant
which attests to the fact that the property has never been part of the low
or moderate income housing markets. In fact, since the completion of the
duplex in March of 1979, neither of the residential units have been leased to
or occupied by any persons other than the applicant and members of his family.
After having reviewed the improvement survey and having made a site
inspection the Engineering Department recommends that the exemption be granted
approval without condition.
Ron Stock recommends that approval be conditioned upon the six month
minimum lease provisions of Section 20-22 of the Municipal Code of the City
of Aspen.
The Planning Office recommends you approve the exemption subject to the
six month minimum lease provisions of Section 20-22.
0 0 0
CITY OF ASPEN
130 south galena street
aspen, colorado 81611
MRM(lT AMnTTM
DATE: June 13, 1979
TO: Richard Grice
FROM: Ron Stock
RE: Getz Subdivision Exemption
I recommend approval of this subdivision exemption sub-
ject to the six-month minimum lease provisions of Sec-
tion 20-22 of the Municipal Code of the City of Aspen.
RWS:mc
MEMORANDUM
TO: Ron Stock, City Attorney
Dave Ellis, City Engineer
FROM: Richard Grice, Planning Office
RE: Getz Subdivision Exemption
DATE: June 5, 1979
Attached is an application for subdivision exemption submitted by Irving
Getz. This item is scheduled to come before the Aspen Planning and Zoning
Commission on Tuesday, July 17, 1979, therefore, may I please have your written
comments concerning this application by Tuesday, July 10, 1979. If you cannot
meet this deadline, please advise me immediately. Thank you.
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G17Y OF ASPEN IPITKIN CO. GOL.d. OWNER'S
CERTIFICATE
IRVING GETZ AS
OwN1=R OF LOT P*Q
QLK33 EAST
ASPSU ZOWNSITE r-=
CE A52EM COL.ORADO HERE SY CkR'r %i=lf THAT '1H\5 1>1-AT
OF
THE TEN SIXTEEN
EAST HYMAN C.OtsIDOMLNEWAS
- = HAS BEENPRCPAREp PQtkSVANTTO 'r"9-
PURPOSES STATED
IN
THE CoNDoMIN1UM DEC\. ARAT\oN F '
SAID CONDOMINIUMS DATED Tt\\S
DA'( OF
Awo RECORDED 1N
BOOK AT PAGE of
THE RECORDS OF
'T"E.
C1.,ERK AND
RECORDER OF TWE C.OVNTY
OF P1TkIN STATE OF CO\-ORADO.
SCALE 111= 101
O IO 30
5 Z5
LEGEND i NOTES
FNfl� RE -BAR AS OESGR\BED
Q
S RE -BAR W/PLA. CAP �' 237fo
SLsT
SURvEY ORIENTED WITH FOUNp
MON U MENTS .
CALLS IN C ) RECORD FROM "DITCH
SOOYC Z A PAGE Z52."
ELEVATIONS ASSUMEC> FROM
COOPER AERIAL. 6URVEY C\'TY
OF= ASPEN" 197.5 ON -r. p.M-
L.C.E.
LIMITED COMMON ELEMENT
G.C.E.
GENERAL COMMON ELEMENT
IRVING GETZ
STATE OF COLOR ADO
COUNTY OF P1TK1N i S.S.
THE FOREGOING OWNERS CERTIF\CATE WAS ACKNO'\N%-E JGED ZEFORE MF, TIH\S OAY
OF BY IRYING GETZ AS OWNER
WITNESS MY I►AND AND OFFICIAL SEAL
MY COMMISSION Se ,P1RES
NOTARY PUB% -.I C.
SURVEYOR'S CERTIFICATE
I GERARD H. PESMAN, A COLORADO REGISTERED PROFESSIONAL. ENGINEER AND LAND SURVEYOR
"EREOY c-ERTIFY AS FOLLOW5: 1N 4I31-321 A SURVEY WAS MAOE. UNDfcR MY DIRECTION AND
suPERv\s\oN OF LC LOTS 1'.*Q i3LK33 E.A.T. ITY OF ASPEN STATE OF CO%-OAADO,
AND FOUND THEREON AN EXISTING DUPLEX LOCATED ENTIRELY WITlIIC1 THE LioUN DAR`(
LINE.5 OF StAkV DESCRIBEO PROPCRTY AS SIaOvVN Oro THIS PLAT, RASED ON TNI~ F\W-\-D E\11OE.NC.E SHOWN
AS FOUND THE LOCATION AND D IMEN SIGNS OF TVkE 910ONDARY LINES, 3UILD ING AND IMPROVEMENTS, 1N
EVIDENCE OR KNOWN TOME ARE ACGUR AT{oLY SHOWN ON T\FI\S MAP AND THE MAP Acc.UP�AT C►..Y AND
SVg STANT IA LL`( PEPICT S THE LOCAT\OW AND THE NORIZONT AI, AND VLRTI CAI,. MEASUREMENTS O F TkM
SUIL,D\NG, THE. CONDOMINIUM UNITS THEREIN, THE UNIT DESIGNATIONS T\AF-REOG,-T"F- DIMENS\ON S OF
SAID UNITS, AND THE ELEVATIONS OF TI.1E F\N\SI\EA FLOOR AND GE1\.INGS.
GERARC) N. P£sMAN
COL.O. REG. PROF. ENGR. AND LAND SURVEYOR Z37G
ST/>T E OF C OLO RACDO i S.S.
COUNTY OF PITKIN I
THE. FOREGOING SURVEYOR'S C%R'rIF\CAT;-i WAS AC.KNOwL6DGge,D SSFORE ME THIS DAY OF
13Y G:.R.ARD B- PESMAN.
W 1T N E SS M,( MANO AND OFFICIAL- SC- A\. -
My CONIMISS\ON EXPIRES
NOTARY PUpt\C.
CLERK
FiRECORDER"S
ACCEPTANCE
ACCEPTED FOR FILING
IN THE OFFICE OF CL.SRK AND RECORDER OF T\RE. COUNTY OF 21TK_INI
STATE OF COLORADO
AT O'C►.00.K_M.) THIS
DAY OF
19�
IN PLAT BOOK —
AT PAGE REGti_ PT
ION No.
CLERK AND RECORDER
SHEET I OF 2
9089-A
ad
I ST LEVEL
7qG).3 Poop
SCALE
INCH = 5 FEET
6
o 10
4964'± TOTAL Sj. Ff.
7944.0 FINISHED FLOOR
7435.0 FINISHED FL.00FZ
7926,5 FINISHED FLOOR
SOUTH ELEVATION
4 NV L.tVLL
EAST ELEVATION
SHEET 20F2
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