HomeMy WebLinkAboutcoa.lu.ex.Lot7,Filing1,W.Aspen.Subd.1981�q�� -�� oil
GRINDLAY (Lot 7�, Filing 1,
West Aspen Subdivo
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L.S. 7168
AN EXISTING DUPLEX SITUATED ON LOT 7 WEST ASPEN SUBDIVISION FILING I
CITY OF ASPEN, COLORADO I
O 10 30
S 20
LEGEND NOTES
FOUND 45 RE -BAR W/CAP A5 DESCRIBED
POWER POLE
WOOD FENCE
OWNER'S CERTIFICATE
AS OVUNS2R OF LOT 7 WEST ASPEN 51JDDIV1310N
ASPEN GO\_ORADO NGRim 6Y CERTIFY T"m THV3 Pt..AT C3v- THE
HAS PUPSVANTTb T"q- 4URPOrz1ES STAZEr) IN TIRE GOtAC)om%wUM C� �-� A�IAitOw1 CC°+R
SAID CONDOMINIUMS DATEID TH\S..__.____[)NX C+F ANO RIC05t06.0 IN
BOOK AT PAGE. OF THE RE(-'ORV5 OF THrc C\..EAK AND %XscoIiD1CP1 of TIAIL CC;A)%1'(
of: PITKIN _ STATE OF CO\..ORAQd.
STATE OF C.OLORADO
COUNTY OF PITKIN j 5.5.
THE fORZ-GOING OWNERS CERTIFICATE WNS ACKNC\w\-.EDGEp BEFo;kE ME TN\S OAY
OF 131( AS oWNER
WITNESS MY NAND AND OFFICIAL SVEAL
MY C.OMMi5S10N SY,PIRES -- ---- -- -
NOTARY PUSL-%C.
SURVEYOR'S CERTIFICATE
I , FILIVID W M(BRI01` ('40RVFY t.N(,INF f- R'), IN(. ) , A Flf (7 IST fR[-D LANs) 5L)FRVE YOR,
NttRtzS'l CALRTIFY A9 FOI.LOVVS IN NOV., 1979 A 6URVrwY YVAS MADR. UNOM.R MY 01/1CC.T►C)N AND
SuprCRVttIO% OF LOT-1 _WEST ASPN E_5UBDIVISI0N CITY OF ASPEN STATfc ow CO`IORApO,
AND FOV1 t) T49RILON AqmEXISTING- DUPLEX_ LOC./aTI.O AN1 IRiiLY W1T14IN TMG OC)UN t)AQY
L► ILS OF RAID DL16C.1k%%L0 DROPFR\Y A• SMOVVN 014 T"%S PLII,T, SA%%L0 ON TNL. F\SLLD IEVIOSLNC,C. BH0YvN
AS FOUND T► % LOCATION AND C) IMLW •IONS OF TNi! gOUNOAII`! LINILS , SUII,D IN* AND 1 MP1►OV SME.NT%, IW
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►llVI4,U%140, T11E. CONOONAIN1UM UNITS TNrjLAL%N, TN11L UNIT DEYi1C►NATVoN• TN.RLQF,tNi\ O1F/�Efl$\OVA6 op
bAiq UNITU, ANt) THE tt.LVATI'+NS OF T\AE F11i\IiN1jLt) FLOOR AND CGILINI)S
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NOTARY PU%L\C
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4IAft Of (.01.004ADO At _... ..0'CLCJCCVk. Mr r1A%4 ...-0AY OF
IN PLAIT' SOOK .-..._._ AT WAC.k cIL c's .t�`1 Ic}ry f4c) _
CLERK AIND RECORIDEQ
SHEET 1 OF SHEETS
JOB PJO. 9�O4-A
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0
APPLICATION FOR EXEMPTION
FROM
SUBDIVISION REGULATIONS
Request is hereby made on behalf of BETTY GRINDLAY
(hereinafter referred to as "applicant"). under §20-19 (a) of
the Aspen, Colorado, subdivision regulations for an exemption
from the definition of the term "subdivision" with respect to
real property described as Lot 7, Filing I, West Aspen Sub-
division, City of Aspen, County of Pitkin, State of Colorado.
An exemption in this case would be appropriate.
The application involves subdivision of an existing
structure. Requiring strict compliance with subdivision regu-
lations for the subdivision of a lot with a duplex on it
creates conditions which will deprive the applicant of reason-
able use of land. If an exemption is granted, owners of the i
property will have a common interest in the land; and there '
will be either a condominium declaration or use and occupancy
p y
agreement applicable to the property which will not in any way
increase the land use impact of the property. An exemption in
i
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 ensure the proper distribution of population, to
coordinate the need for public services and to encourage well
planned subdivisions.
II The granting of this application will not undermine the
iI
j intent of the subdivision regulations, as it is.clearly within
�I the area intended for exemption under §20-19. The building is
j' already in existence; there will be no change in the density
I
which is presently in line with the prescribed population
density for the property.
The applicant is willing to rent restrict the east side
{ of the duplex for a period of five (5) years. This side has
li
been rented since 1976 and is presently being rented for seven
I
hundred fifty dollars ($750.00) per month. The west side is
above the maximum price guidelines for low, moderate and
middle -income housing; however, since the applicant is a widow
i and relies on the income from this property, she does not plan
I
to sell the unit and would be willing to assure there would be
II no sale for fourteen (14) months following condominiumization
I
of the property. If you request any additional information,
kindly contact me.
The applicant would appreciate your consideration of
this application at your next regular meeting.
Dated: August 27, 1979.
— ; 4 _�
G deon I. Katifman
Attorney for Applicant
1�ecoxdad at
3:58PM June 18, 1981 Loretta Banner, Recorder
•
�urc
410 13r
SUBDIVISION EXEMPTION AGREEMENT
WHEREAS, ELIZABETH E. GRINDLAY,(hereinafter referred
to as "owner") is the owner of a parcel of land located in
the City of Aspen, Pitkin County, Colorado, more particularly
described as Lot 7, Filing 1, WEST ASPEN SUBDIVISION, on
which there is situate an existing duplex, and
WHEREAS, owner has requested an exemption from subdivision
regulation for the purpose of subdividing the existing duplex
through condominiumization, and
WHEREAS, the Aspen Planning and Zoning Commission, at
its meeting held on the 2nd day of February 11 1980
determined that an exemption from subdivision regulation is
appropriate and recommended that the same be granted, and
WHEREAS, the City Council of Aspen, Colorado, has
determined that the subdivision of the existing duplex through
condominiumization is not within the intents and purposes of
the subdivision ordinance set forth in Chapter 20 of the
Aspen Municipal Code,
NOW, THEREFORE, the City Council of Aspen, Colorado,
does hereby determine that the proposed subdivision of the
duplex located on Lot 7, Filing 1, WEST ASPEN SUBDIVISION,
City of Aspen, Pitkin County, Colorado, by its condominiumization
is not within the intents and purposes of the subdivision
ordinance and does, for such reason, grant an exemption from
the regulation of such action subject to the following:
1. Any existing tenant shall be given written
notice in the event that tenant's unit is offered for sale,
•
AUK 410
which notice shall specify the sales price. Each tenant
shall have an exclusive non assignable right for the ninety
(90) days following the tenant's receipt of the notice to
purchase his/her unit at the price specified in the notice.
2. Each tenant shall have a ninety (90) day
exclusive non assignable right of first refusal to purchase
his/her unit, which shall commence when a bona fide offer is
made by a third person and accepted by the owner and notice
of the offer and acceptance and a copy thereof have been
delivered to the tenant. In the event this notice of offer
and acceptance is delivered to the tenant while the ninety
(90) day right set forth in paragraph one (111) above is
still in effect, the tenant may purchase the unit for the
amount of the initial specified sales price or the amount of
the bona fide offer, whichever is less.
3. Each unit of the duplex shall be restricted
to six (6) month minimum leases with no more than two (2)
shorter tenancies per year.
4. For a period of five (5) years from the date
of this agreement, the east unit of the duplex is hereby
rent restricted and shall not be rented for a rental amount
greater than seven hundred fifty dollars ($750.00) per month,
subject however, to increases as permitted by the City of
Aspen Housing Authority as dictated by increases in the cost
of living.
5. Owner agrees to enter a sidewalk, curb and better
improvement district in the event one is formed.
6. Owner agrees to provide a maintenance easement
five feet (5') in width, two and one-half feet (2 1/2') on
either side of the irrigation ditch center line located on the
property.
- 2 -
0
10
410 -�.� � 1
Dated this 13th day of May
H. MI
Attest:
Kathryn Koc , City Clerk
1981.
BEHRENDT,--M;!ryor Pro Tem
I, ELIZABETH E. GRINDLAY, the owner of the herein
described property hereby agree to the provisions and
restrictions contained herein.
Ir 1
ELIZABETH E. GRINDLAY
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
Acknowledged, subscribed and sworn to before me this
fV day of �� 1984, by ELIZABETH E.
GRIDLAY.
t • �� Witness my hand and official seal.
OTA��.c� My commission expires .
%ice/'` �^ •C���¢r Notary Public
- 3 -
6
3-80
CASELOAD SUMMARY SHEET
City of Aspen
1. DATE SUBMITTED: JQY1mft— STAFF: 5111�J
2. APPLICANT:IAN
3. REPRESENTATIVE: &1J14sk44wA,,
4. PROJECT NAME: C�Y1M��1W SUIIDdiJ1516r1 �CC[?�16h.
5. LOCATION:
6. TYPE OF APPLICATION:
Rezoning Subdivision Stream Margin
P.U.D. Exception 8040 Greenline
_Special Review Exemption View Plane
_ Growth Management _70:30 Conditional Use
HPC Residential Bonus Other
7. REFERRALS:
_Attorney Sanitation District School District
V,/L-'ngineering Dept. Fire Marshal Rocky Mtn. Nat. Gas
Housing Parks _ State Highway Dept.
-----Water _ Holy Gross Electric _ Other
City Electric Mountain Bell
8. REVIEW REQUIREMENTS:e�z_" ,AIL_
0
9. DISPOSITION:
P & Z V/
Approved V Denied
Date
Council ✓ Approved ✓ Denied Date ek lbo
_ Approve with conditions:
(T)-- Revise and-resubmi survey plat o include items included --
in Engineering Dept. memo
(2) Agree to enter in o a sidewalk -,'curb and gutter improvement: —
_ district in the event one is formed.
-- Enter a maintenance agreement, as 1n Engineering memo.
(4) Notice and option requirements will be met (20-22)
--(-5T-Six month minimum lease res ric ions ---
_ (6) Deed restrict east side of duplex for a period of five
years, such restriction to be based on the i yy's
_ guidelines for middle i~ncome housing
—re ntaT—a n3 sa 1 e .
10. ROUTING;:
Attorney _ _ Building 1 di ng -,C` Engineering --other _other
0
MEMORANDUM
TO: Aspen Planning and Zoning Commission
Aspen City Council
FROM: Sunny Vann, Planning Office
RE: Grindlay Subdivision Exemption
DATE: February 1, 1980 / August 6, 1980
Zoning: R-15, Residential
825 and 827
Location: Cemetery Lane (Lot 7, Filing 1, West Aspen Subdivision)
Lot Size: Approximately 15,154 square feet
Rental History: The east side of the Grindlay duplex has been renter occupied
since 1976 and currently rents for $750 per month. The west
side rents for $800 per month.. Both units fall within the
City's middle income housing price guidelines.
Each side is 1,350 square feet in area.
Engineering
Comments:
Attorney's
Comments:
Housing Director's
Comments:
Planning Office
Recommendation:
P and Z
Recommendation:
The Engineering Department recommends approval subject to
(1) the revision and resubmission of the owner/applicant's
survey plat to include those items indicated in the Department's
attached memorandum,(2) the owner/applicant agreeing to enter
into a sidewalk, curb and gutter improvement district in the
event one is formed, and (3) the provisions of a maintenance
easement which is also described in the attached memorandum.
If the Grindlay subdivision exemption is granted, approval
should be conditioned upon the owner/applicant complying
with the notice and option and six month minimum lease
restrictions of Section 20-22 of the Municipal Code. The
City'Attorney's memorandum is attached for your review.
The applicant is willing to deed restrict one unit. Should
the City require the restriction of both units, the applicant
will, in all probability, postpone her request for condominiumi-
zation and raise rents to a level above guidelines. (The City
has not in the past required restriction on more than 50% of units.)
Approval subject to the owner/applicant complying with the
conditions stipulated in the Engineering Department's
memorandum dated January 15, 1980 and the notice and option
and six month minimum lease restrictions of Section 20-22.
Approval should be further conditioned upon the owner/applicant
agreeing to deed restrict the east side of the duplex for
a period of five (5) years, such restriction to be based on
the City's adopted rental guidelines for low, moderate and
middle income housing.
The P and Z concurs with the Planning Office recommendations.
In February, the applicant chose to wait fora reanalysis
of the condominiumization policy but has at this time
decided to reactivate the application as submitted and
recommended for approval by the Planning and Zoning
Commission. It is appropriate to continue to process
the application as an exemption rather than exception
since it was tabled.
0 MEMORANDUM
TO: SUnny Vann, Planning Office
FRO..M: Jay Hammond, Engineering Office
DATE: January 15, 1980
RE: Grindlay Subdivision Exemption, Lot 7, Filing 1, West
Aspen Subdivision
Having reviewed the survey plat for the above subdivision exemp-
tion and having made a site inspection the Engineering Department re-
commends the following:
1) The owner/applicant shall revise and resubmit the improve-
ment survey plat to include the following:
A) Legal description in the Surveyor's Certificate shall
indicate that this lot is in Filing 1 of the West Aspen
Subdivision.
B) Surveyor should recheck field bearings to provide better
closure.
C) Show number of existing parking spaces.
D) Show an easement, 5 feet in width, 2� feet on either
side of the irrigation ditch centerline to provide access
for maintenance of the ditch.
2) Owner/applicant shall agree to enter a sidewalk, curb, and
gutter improvement district in the event one is formed and
so deed restrict in the statement of exemption.
3) Owner/applicant shall provide a maintenance easement 5 feet
in width, 22 feet on either side of the irrigation ditch
centerline, and so deed restrict in the statement of exemption.
The Engineering Department recommends approval of the Grindlay
Subdivision Exemption subject to the owner/applicant correcting the
above conditions.
NOV 3 0 1�73
APPLICATION FOR EXEMP PEi'J � �,tl.�iN CO. '
FROM PLANNING 0FFI4'_J r,,°
SUBDIVISION REGULATIONS
Request is hereby made on behalf of BETTY GRINDLAY
(hereinafter referred to as "applicant") under §20-19 (a) of
the Aspen, Colorado, subdivision regulations for an exemption
from the definition of the term "subdivision" with respect to
real property described as Lot 7, Filing I, West Aspen Sub-
division, City of Aspen, County of Pitkin, State of Colorado.
An exemption in this case would be appropriate.
The application involves subdivision of an existing
structure. Requiring strict compliance with subdivision regu-
lations for the subdivision of a lot with a duplex on it
creates conditions which will deprive the applicant of reason-
able use of land. If an exemption is granted, owners of the
property will have a common interest in the land; and there
will be either a condominium declaration or use and occupancy
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 ensure the proper distribution of population, to
coordinate the need for public services and to encourage well
planned subdivisions.
11
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 §20-19. The building is
already in existence; there will be no change in the density
which is presently in line with the prescribed population
density for the property.
The applicant is willing to rent restrict the east side
of the duplex for a period of five (5) years. This side has
been rented since 197E and is presently being rented for seven
hundred fifty dollars ($750.00) per month. The west side is
above the maximum price guidelines for low, moderate and
middle -income housing; however, since the applicant is a widow
and relies on the income from this property, she does not plan
to sell the unit and would be willing to assure there would be
no sale for fourteen (14) months following condominiumization
of the property. If you request any additional information,
kindly contact me.
The applicant would appreciate your consideration of
this application at your next regular meeting.
Dated: August 27, 1979.
-2-
G deon I.fman
Attorney for Applicant
0 0
MEMORANDUM
TO: Aspen Planning and Zoning Commission
Aspen City Council
FROM: Sunny Vann, Planning Office
RE: Grindlay Subdivision Exemption
DATE: February 1, 1980
Zoning: R-15, Residential
825 and 827
Location: Cemetery Lane (Lot 7, Filing 1, West Aspen Subdivision)
Lot Size: Approximately 15,154 square feet
Rental History: The east side of the Grindlay duplex has been renter occupied
since 1976 and currently rents for $750 per month. The west
side rents for $800 per month. Both units fall within the
City's middle income housing price guidelines.
Each side is 1,350 square feet in area.
Engineering
Comments: The Engineering Department recommends approval subject to
(1) the revision and resubmission of the owner/applicant's
survey plat to include those items indicated in the Department's
attached memorandum,(2) the owner/applicant agreeing to enter
into a sidewalk, curb and gutter improvement district in the
event one is formed, and (3) the provisions of a maintenance
easement which is also described in the attached memorandum.
Attorney's
Comments: If the Grindlay subdivision exemption is granted, approval
should be conditioned upon the owner/applicant complying
with the notice and option and six month minimum lease
restrictions of Section 20-22 of the Municipal Code. The
City Attorney's memorandum is attached for your review.
Housing Director's
Comments: The applicant is willing to deed restrict one unit. Should
the City require the restriction of both units, the applicant
will, in all probability, postpone her request for condominiumi-
zation and raise rents to a level above guidelines.
Planning Office
Recommendation: Approval subject to the owner/applicant complying with the
conditions stipulated in the Engineering Department's
memorandum dated January 15, 1980 and the notice and option
and six month minimum lease restrictions of Section 20-22.
Approval should be further conditioned upon the owner/applicant
agreeing to deed restrict the east side of the duplex for
a period of five (5) years, such restriction to be based on
the City's adopted rental guidelines for low, moderate and
middle income housing.
P and Z
Recommendation: The P and Z concurs with the Planning Office recommendations.
11
0
TO: Sunny Vann
FROM: Jim Foments, Housing Director �}
DATE: January 23, 1980
SUBJECT: Grindley Condominitunization
I have spoken to Gideon Kauffman about this application and I feel I can
support the following recommendation:
The applicant has agreed to restricting one unit for a period of time. In
the past, to the best of my knowledge, the City has never required mre than
500 of the units be deed restricted.
With the alternative being that the applicant would raise rents to a level
above the guidelines for a period of time, I feel we're ahead of the game by
restricting one of the two units.
I will be requesting a work session with Council on the entire issue of
condominiumization at next rlonday's meeting, January 28.
•
0
TO: Sunny Vann
FROM: Jim Reent4SO�
DATE: January 8, 1980
SUBJECT: Grindlay
The Housing Office has no problem with the restrictions suggested
by Gideon Kaufman. (One unit rental restricted for five years.)
I would suggest that this restriction fall into the middle income
category or $750.00 per month., whichever is less.
JR:ds
CITY 0A, SPEN
130 south galena street
aspen, colorado 81611
M T I MO T? i�, M TI T TM
DATE: December 10, 1979
TO: Sunny Vann
l
FROM: Ron Stock
RE: Grindlay Subdivision Exemption
If the above entitled subdivision exemption is granted, the
approval should be conditioned upon the applicant meeting the
following requirements of Section 20-22 of the Municipal Code of
the City of Aspen:
[x] Notice and option provisions to current
tenants
[x] Each unit restricted to six-month minimum
leases with no more than two shorter tenan-
cies in a calendar year.
Considering the rental history of the property, it is possible
that the Planning & Zoning Commission and City Council may deter-
mine that the property, or a portion thereof, is within the low
and moderate housing pool. The rental history of the property
should be presented to them for their consideration.
RWS:mc
MEMORANDUM
TO: Ron Stock, City Attorney
Dan McArthur, City Engineer
Jim Reents, City Housing Director
FROM: Sunny Vann, Planning Office
RE: Grindlay Subdivision Exemption
DATE: December 4, 1979
Attached please find application for subdivision exemption for the purpose
of condominiumization of a duplex located at Lot 7, Filing I, West Aspen
Subdivision. This item is scheduled to come before the Aspen Planning and
Zoning Commission on Tuesday, January 22, 1979. Therefore, may I please have
your written comments concerning this application no later than Monday, January
14, 1979. Thank you,
• ASPEN/PITKIN PLANNING OFFICE 46
130 South Galena Street
Aspen, Colorado 81611
LAND USE APPLICATION FEES
County
00100 — 63711 09009 — 00000 Subdivision/PUD
63712
Special Review
63713
P&Z Review Only
63714
Detailed Review
63715
Final Plat
63716
Special Approval
63717
Specially Assigned
City
00100—
63721 09009 — 00000
Conceptual Application
63722
Preliminary Application
63723
Final Application
63724
Exemption
63725
Rezoning
63726
Conditional Use
PLANNING OFFICE SALES
00100 —
63061 09009 — 00000
County Land Use Sales
63062
GMP Sales
63063
Almanac Sales
Copy Fees
Other
Name:
Project: Grindlay
F11 W-"t MJin Ct
Address:
Phone:
Check
Receipt No. P
Date: 12/e/7q