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HomeMy WebLinkAboutcoa.lu.ex.Goldsmith, Lot 5, W. Aspen Subdivison ~' Recorded 10:11 AM Jary 8 1979 Reception # 210... '6 Loretta Banner Recorder 1/7eX <!jLit o?Pu I 77/ -bc\C:\311- ii',{JJE21+ 'STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION WHEREAS, HENRY L. GOLDSMITH and ELLEN H. GOLDSMITH are the owners of a parcel of land located in pitkin County, Colorado, more particularly described as: Lot 5 West Aspen Subdivision Filing No. l-A WHEREAS, the applicants have an existing duplex located on said property, and WHEREAS, applicants have 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 September 5, 1978, 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 subdivision of the existing duplex through condominiumization is not within the intent and purpose of the subdivision ordinance 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 intents and purpose of the subdivision ordinance and does, for sue reason,grant an exemption from the definition of such action, PROVIDED, HOWEVER, that the foregoing exemption is condi- tioned upon the units being restricted to six (6) months minimum leases with no more than two (2) shorter tenancies per year. Dated this ~ay of ~7 ", .,~// ---'("- /~ta - '~t:~:y II!, Mayor I, Kathryn S. Koch, do hereby certify~:t the foregoing Statement of Exemption from the Definition of Subdivision was considered and approved by the Aspen City Council at its regular meeting held September 11, 1978, at which time the Mayor, Stacy Standley III, was authorized to execute the same on behalf of the City of Aspen. 0~'"' ~, I~~ '. if! . A-.L . "'J'\,..J,,(J . C-<!-A.. ./ Kaythryn: . Koch, City Clerk ,'1' -, . : -'~ ~ ~ ".. ~1' .. -'. <>,l },; ; ,.-,J:'. ,,:!' 1- .. iJ~~3&1- f.~d15 STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) ,~ The foregoing was acknowledged before me thiso<Ci1day of t;B'llkH, 1978, by Stacy Standley III, Mayor, and Kathryn S. Koch, City Clerk, both of the City of Aspen. witness my hand and official seal. My commission expires: Oe~<VJ I~ /<18".::J., SdD ~ NotarY~~iC r, II II: T l>~ -2- " , AGREEMENT Henry L. Goldsmith and Ellen H. Goldsmith, for themselves, their heirs, executors, administrators, and assigns, hereby jointl and severally covenant with the City of Aspen, Pitkin County, Colorado, that: 1. Henry L. Goldsmith and Ellen H. Goldsmith are the owne s of the following described property together with the improvements thereon: Lot 5 West Aspen Subdivision, Filing No. l-A Pitkin County, Colorado 2. The above-described property shall be restricted to six (6) months minimum leases with no more than two (2) shorter tenancies in any calendar year. 3. The covenants contained herein are to run with the land and shall be binding on all the parties and all persons claiming under them for a period of twenty (20) years from the date these covenants are recorded, after which time, said covenant shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by the City of Aspen and the then record owners of the property has been recorded, agreeing to change said covenants in whole or in part or agreeing to release said covenants. IN WITNESS WHEREOF, this Declaration has been duly execute u lfA- this> day of Qc~r,~1978. Henry LX- ~L N Ellen H. G STATE OF COLORADO ss. COUNTY OF PITKIN The foregoing instrument was acknowledged before me this . , '.. .~ Nr,'<<I'I.t/' ~ day of O~~8~~r, 1978, by Henry L. Goldsmith and Ellen H. Goldsmith. Witness my hand and official seal. My commission expires: ,,~,fr( -2- ~" M E M 0 RAN DUM TO: Aspen City Council FROM: Richard Grice, Planning Office RE: Goldsmith Subdivision Exemption DATE: September 7, 1978 The attached application requests exemption from subdivision for the purpose of condominiumization of an existing duplex located at 793/795 Cemetary Lane, Lot 5, Filing lA, West Aspen Subdivision. This application comes from attorney, Marty Kahn on behalf of the owners of the 'property Mr. & Mrs. Henry Gold- smith. Lot 5 contains 15,003 square feet and is zoned R-15. The application was referred to City Engineering which after conducting a site inspection and reviewing the improvement survey, recommends approval of this subdivision exemption request without condition. The applicants state in their application that one of the units is presently occupied by themselves as their home and the other unit is occupied by Mr. & t~rs. John Tipples under a years lease, ending September 4, 1978. "Mr. Tipples was manager at Aspen Lumber and, with the change in ownership, his position was termi nated and he has i ndi cated that he will be 1 eavi ng the area}' The Goldsmiths plan to sell the second unit to their son, Steven, who will reside there. Therefore, it does not appear that there will by any reduction in the supply of low and moderate income housing as a result of this condominiumiza- tion. Mark Danielsen recommends approval of the subdivision exemption request subject to a six-month lease restriction. At their regular meeting on September 5, 1978, the Planning and Zoning Comm- ission recommended approval of this subdivision exemption request subject to the six-month minimum lease restrictions of Ordinance #53. rh - M E M 0 RAN DUM TO: FROM: Aspen Planning and Zoning Commission Richard Grice, Planning Office RE; Goldsmith Subdivision Exemption DATE: August 10, 1978 The attached application requests exemption from subdivision for the purpose of condominiumization of an existing duplex located at 793/795 Cemetary Lane, Lot 5, Filing lA, West Aspen Subdivision. This application comes from attorney, ~larty Kahn on behalf of the owners of the property Mr. & Mrs, Henry Goldsmith. Lot 5 contains 15,003 square feet and is zoned R-15, The application was referred to City Engineering which after conducting a site inspection and reviewing the improvement survey, recommends approval of this subdivision exemption request without condition. As of the time of this writing, we do not have an opinion from the Housing Director regarding this application. The applicants state in their applic- ation that one of the units is presently occupied by themselves as their home and the other unit is occupied by Mr. & Mrs. John Tipples, under a years lease, ending September 4, 1978. "Mr. Tipples was manager at Aspen Lumber and, with the change in ownership, his position was terminated and he has indicated that he will be leaving the area." The Goldsmiths plan to sell the second unit to their son, Steven, who will reside there. Therefore, it does not appear that there will be any reduction in the supply of low and moderate income housing as a result of this condominiumization, Assuming Mark Danielsen is able to verify these facts, I'm sure he will recommend approval of the subdivision exemption request. The Planning Office recommends approval of subdivision exemption subject to the six-month minimum lease restrictions of Ordinance #53. sr APPLICATION FOR EXEMPTION FROM SUBDIVISION REQUIREMENTS On behalf of Mr. and Mrs. Henry Goldsmith, application is hereby made for exemption from subdivision requirements for the proposed condominiumization of a duplex located at 793/795 Cemetery Lane, Aspen. The property is Lot 5, Filing lA, West Aspen Subdivisio and contains more than 15,000 square feet. It is zoned ~-15. One of the units (approximately 1,600 square feet) is occupied by the applicants, who intend to reside there indefinitely. The other unit (approximately 1,000 square feet) is occupied by Mr. and Mrs. John Tipples, under a year's lease, ending September 4, 1978. Mr. Tipples was manager at Aspen Lumber and, with the change in ownership, his position was terminated and he has indicated that he will be leaving the area. Applicants desire to condominiumize to give them added flexibility in estate planning (they have two sons) and financing, both personal and business-related. It is their desire to sell the present rental unit to their son, Stephen, who is an employee of Henry's Electronics Center, Inc., the applicants' business. Applicants are prepared to comply with Ordinance 53, an will reside there. submit that the requested condominiumization of this existing dup- lex is not within the intent and purpose of the City's subdivision regulations and should be exempt therefrom. There are, of course, a number of other condominiumized duplexes in the area. Dated: July 13, 1978. Martin H. Kahn Attorney for appli ants 415 East Hyman, Room 301 Aspen, CO 81611 c ,....~~, 506 E. MAIN STREET ASPEN, COLORADO 81611 P I T K I N C 0 TO: TJ FROM: N DATE: T y RE: M E M 0 RAN DUM ---------- Aspen Planning & Zoning commission Mark A. Danielsen, Housing Director September 5, 1978 A) Goldsmith subdivision Exemption B) A & L Developm=nt Subdivision Exemption C) 430 W. Hopkins Subdivision Exemption )c ~\J Goldsmith Subdivision Exemption: This application presents no problem in complying with Ordinance 53. The owners will continue to reside there, and intend to sell the other unit to their son who is an employee of a local electronics store. However, the six mon~ minimum lease should be made covenant to lnl.S aooroval. -" ~.?<. "\) B) A & L Development: J' ':\'1.\' It is seen that Ordinance 53 does not apply to new \\"1-' ,:^ units that have not been occupied before, nor to those ~~' that have been previously been rented to tourists. Re commen da t,iCln i s,fQ..:r;.3JoPl2rgYALbase d Q!Lsi.x-.lI\Qnth.minim.\Wl___ ~ CY .j;" l.=.~se restr~ct.i,:~~ ,. (r.; --.- ".,- C) 430 W. Hopkins Subdivision Exemption: .QDe- siag of the duplex is vacant, the other side is occupied on a $lOOO/month lease basis by Mike Rohan, a computer techn1.cian WllO worKS J.ndependently for Dr. Scott. Mike also owns a condominium in the area. Recommendation is for approval subject to 90 days notification and right of first refusal option, and that units have a six month minimum lease restriction. C 0'1'\ vI'- ~ tA rJ' ~ A) y" v ~" ~ t.. \} Or / ,~ " v.... 'J / 'J ..;0"'''- ~ ,,/<' " y' ,'0 I,}V " '(" "v " r"""'. "<10....... MEMO TO: RICHARD GRICE PLANNING FROM: DAVE ELLIS \T) C ENGINEERING \1' ~~--- 4 DATE: August 3, 1978 RE: Subdivision Exemptions for - 1) A & L Development 2) Goldsmith 3) 430 W. Hopkins The engineering department has reviewed the above projects and recommends exemption for all three without conditions. jk ~ , M E M 0 RAN DUM TO: Dave Ellis Mark Danielsen FROM: Richard Grice, Planning Office RE: Goldsmith Subdivision Exemption DATE: July 14, 1978 This item is tentatively scheduled for review by the City P&Z on August 15, 1978, Your written comments should be returned to the Planning Office by August 4, 1978, sr -- '""' kb "...... . I. SCHEDULE A AMOUNT s 132,500.00 File No, or GF 76-05-19 Dale of Policy: June 16, 1976 at 8:00 A.M. POLICY NO, o 1 094788 1. Name of Insured: HENRY L. GOillSMlTH and ELLEN H. GOLDSMITH 2. The estate or interest in the land described herein and which is covered by this policy is: (a fee. a leasehold. etc.) Fee sinllle 3. The estate or interest referred to herein is at Date of Policy vested in: The insured named above - in j oint tenancy 4. The land referred to in this policy is described as follows: Lot 5 WFSl' ASPEN SUBDIVISION, FILING NO. l-A Pitkin County, Colorado Aspen USLlFE TITLE INSURANCE Company of Dallae 1301 Main Street DaJlae, Texaa 76202 - - -- "" . SCHEDULE B I. POLICY NO. 0 1 094788 This Policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3, Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspec- tion of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material theretofore or hereafter furnished, imposed by law and not shown by the public records, Please see Exhibit "A" attached. "'__ .,. ,..........., ......._......:_ 'to ,,~.....tt ----._:_....,."'._.~ - - .,,-~ . I, EXHIBIT "A" A'ITACEED AND PAnE A PARI' OF US LIFE TITrE INSURANCE COHPAI:Y OF DALLAS POLICY NO. 0 1 094788 5. The lien of all taxes and assessments for year 1976, and thereafter. 6. Reservations and exceptions as contained in the United States Patent recorded October 27, 1892 in Book 55 at Page 33 as fOllows; right of a proprietor of a vein or lode to extract and remove his ore should the same be found to penetrate or intersect the subj ect property. 7. Easerr.ent for utili ties and private roads or driveways, as shOlm on plat of subj ect property recorded in Plat Book 3 at Page 290, and as reserved in Protective Covenants recorded September 5, 1967 in Book 229 at Page 78. 8. Easements for eYist1r>g iITigation ditches as excepted in deed recorded DeceTber 22, 1967 in Book 231 at Page 515. 9. Tenns, conditions, Obligations and restrictions, \'lhich do not contain a forfeiture or reverter clause, as set forth in Protective Covenants recorded SepterrbeI' 5, 1967 in PAlOk 229 at Page 78, as amended by instrument recorded October 4, 1967 in Book 229 at Page 507, and as arr.ended by instrument recorded March 11, 1976 in Book 309 at Page 497. 10. TemB, conditions and obligations contained in Articles of Inco!'poration of Hest Aspen Hol1'.e Owners Association, recorded March 6, 1968 in Book 233 at Page 496. 11. Any tax, assessrr.ents, fees orcl">.arges by reason of the inclusion of the subject property in Aspen Fire Protection District, Aspen f1etropolitan Sanitation District and Aspen Valley Hospital District. 12. Deed of Trust from Henry L. Goldsmith and Ellen H. Goldsmith to the Public Trustee of Pitkin County, Colorado, for use of the First llational Bank in Aspen, to secure $80,000.00, dated June 15, 1976 and recorded June 15, 1976 in Book 313 at Page 315, Reception No. 184672.