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HomeMy WebLinkAboutcoa.lu.ex.Getz, Lots P,Q, Block 33 JEFFREY H. SACHS HERBERT S. KLEIN JON DAVID SEIGLE --I--'-'''"-'~'-'---~-- . 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 80254 (~03) 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. Very truly yours, JHS:ea By SEIGLE Sachs Recorded at 12 lPM September 21, 1979 Loretta mer Recorder ~i~Y~1 NO. STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION 370 \'M,t194 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 3D , 1971ji( 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, HERMAN EDEL, was authorized to execute the same on behalf of the City of Aspen. &:~~H~~ STATE OF COLORADO) ) ss. COUNTY OF PITKIN ) ~~~The foregoing was acknowledged before me this I/~day of'hH~nat, 1979, by HEro~N EDEL, and KATHRYN S. KOCH, personally known to me to be the Mayor and City Clerk, respectively, of the City of Aspen. WITNESS my hand and official seal. My commission expires: My Commission expires October 19, 1982 0k~~A\ ) Notary l~c ~ , MEMORANDUM TO: FROM: RE: Aspen City Council Richard Grice, Planning Office 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. -- 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 ~n the alternate to not more than twice for short-term periods within any calendar year). The Aoplicant would appreciate your consideration of this application at your next regular meeting. Dated: June I , 1979 By . Sachs Main Street 81611 -2- ^"M_~__"""""_'_'''''"''''~_' 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 oppo tunity to purchase such units at the proposed fair mark~(j,/valU lf ither of such units is sold. ( y GET /,/ ;' SubscriRed and sworn to before me this ~ day of ~ , 1979, by IRVING GETZ. WITNESS my hand and official seal. My commission expires: "lOT ARY ,",Vall( ~,"~; Ci: :'<'-~~ .;' f';' "'r Ci."'WtlISSION O"m '\UG, , 19; tONOfO THiU r-.i;:~EV,II",jS L'ND~Il'~\; ~_. ~/>,~ ot 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. CITY OF ASPEN 130 sQt1th galena street asp e n, co lor ado 81611 MEMORANDUM DATE: June 13, 1979 TO: Richard Grice FROM: Ron Stock 'y-) /1- Getz Subdivision Exemption RE: 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.