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HomeMy WebLinkAboutcoa.lu.ex.Lot7,Filing1,W.Aspen.Subd.1981 R€corded at 3:58PM June 18, 1981 Loretta Banner, Recorder 233632 ," SUBDIVISION EXEMPTION AGREEMENT OVUK 411J,.~:.135 i.-," -::; c;x- 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 , 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, ~ :J\.iUK 410 A 3.... '!'e:'1. I 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 ('11) 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 ~VUKAI0 o~.:13~ .If '..L... .-J Dated this 13th day of May , 1980.. ",- Attest: 'I'.! ,,} G "" ~.:--. I,:' '{..J "t, :Y1~~lctS " / ~ . ". '. ''';~ '. ..."'" ~ ,'^ '," .'j'", I,' ,.. ... .. -]-.; I, ELIZABETH E. GRINDLAY, the owner of the herein described property hereby agree to the provisions and restrictions contained herein. ~~ G,,",~~ ELIZABE H E. GRINDLAY STATE OF COLORADO ss. COUNTY OF PITKIN ~ Acknowledged, subscribed 1- day of ,-.efrW."'f. GRIDLAY. ( and sworn to before me this , 1981, by ELIZABETH E. .,' .. ~ j ,,-:~" :.......-...:. .-- ?f...'/ UTA '(,":\ My f{;~[ ~~ E~~ - , ~ t . , ':',~~,\ UBI...\ '/c -:::;-:3>:- ....~.~"...<'j~! ",j//'-" () ':" ... ,,,\ I.!j '. /:; ':1;'; I i;';:'~"" \ witness my hand and official seal. commission expires: ~/~~~SI' ~/II.fJJJ Notary Public - 3 - \i ,I \1 I I APPLICATION FOR EXEMPTION FROM SUBDIVISIO~REGUI~TIONS 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 ,I creates able use for the subdivision of a lot with a duplex on it conditions which will deprive the applicant of reason- 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 I agreement applicable to the property which will not in any way II increase the land use impact of the property. An exemption in !I this case will not conflict with the intent and purpose of the I! subdivision regulations which are directed to assist the !I i orderly, efficient and integrated development of the City of 'I' Aspen, to ensure the proper distribution of population, to coordinate the need for public services and to encou~age well I I I planned subdivisions. I I I I II I' :1 'I I, ;1 ii Ii , , IJ i' ii . i I I II I, intent of the subdivision regulations, as it is clearly within il L !I il I I I II I' II II 'I II II i I , !, , I' II II The granting of this application will not undermine the 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 1976 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 ~nd 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 ~f 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. ~~. iff-. Attorney for Applicant -2- . Recorded at 3:58PM June 18, 198] Loretta Banner, Recorder 2e33632 " SUBDIVISION EXEMPTION AGREEMENT ovUK 410,~ ~ 135 c -::; Z; 7- 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 , 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, ~ :J\.iUK410 A...".... '!'C:.!J I 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 ('11) 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 - " . . ,~ ~, ~VUK410 ?,~;:138 Dated this 13th day of May , 1980.. Attest: "" 't.'~'i.~/ G 7CJ oYJV1""''''' . 1. I., ;::t.'~ ~ /,~. "" .....;' '. ....... -:IS 1~ 1 ~ J.. \.. " I, ELIZABETH E. GRINDLAY, the owner of the herein described property hereby agree to the provisions and restrictions contained herein. ~~ G,,",~~ ELIZABE H E. GRINDLAY STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) ~ Acknowledged, subscribed 1- day of ,-.efrW."'f. GRIDLAY. ( and sworn to before me this , 1981, by ELIZABETH E. .:', ~.~~: ,-.:~~" '~.<.:. ,~ Il..",: UTA:),":I' "'-'1;: Ij /'" ". (j ..:-,~: ~ :~- 1,~n\ UBI...\\: /," .:::/;';:;~~. ....~~....<;_\~J_ <///,. '0,:- ~1"\\.5)' " ' ~ ~ " //i/ii:::"'; Witness my hand and official seal. My commission expires: ~/~~~SI' ~/II.fJJJ Notary Public - 3 - ~ i , ; I i ~ I \ ~ 3-~ CASELOAD SU~~1ARY SHEET City of Aspen 1. DATE SUBMITTED:~an~,11BD 2. APPLICANT: ~ fi~~ SI.IYr-J \Mqn STAFF: 3. REPRESENTATIVE: 0\klM.~ 4. PROJECT NAME: ('7VW~ SWl~J\~i6\'l ~t.fW~~"~" 5. LOCATION: 6. TYPE OF APPLICATION: Rezoning P.U.D. Special Review Growth Management ~SUbdivision Exception lExemption 70:30 Residential Bonus ____Stream Margin 8040 Greenline View Plane Conditi ona 1 Use Other HPC 7. REFERRALS: /Attorney ~Engineering Dept. VHousi ng Ha ter _~Jity Electric Sanitation District School District Fire Marshal ____Rocky Mtn. Nat. Gas Parks ____Sta te Hi ghway Dept. _~.-Jloly Cross Electric Other Mountain Bell 8. REV lEVl REQU I REMENTS; r:1z- c:2:Y- ;.<.,e:/t::-- / . - .",/ '>., ,.-~' 9. DISPOSITION: p & Z ./ _ Approved / Denied ~.bQ 11-1 vt..P I1.d_t:'Hrt!Ya.J. Date Counei 1 ./ P,pproved v' Denied Date 8/;( /!7D ( / Approve with conditions: -----rrJ Revise and resubmlt survey plat to lnclude ltems lncluded in Engineering Dept. memo (2) Agree to enter lnto a sldewalk, curb and gutter lmprovement district in the event one is formed. (3) Enter a malntenance agreement, as ln lnglneerlng memo, (4) Notice and option requirements will be met (20-22) (5) Six month minimum lease restrictions (20-22) (6) Deed restrict east side of duplex for a period of five years, such restriction to be based on the City's guidelines for - " ' middle income housing (rental and sale). 10. ROUTING: LAttorney Building ~Engineering Other --. ,....,~.... .~'</' .,~-" NEMORANDur~ TO: Aspen Planning and Zoning Counission Aspen City Council FROM: Sunny Vann, Planning Office REi Grindlay Subdivision Exemption DATE: February 1, 1980 / August 6, 1980 Zoning: R-15, Residential 825 and ~27 Location: Cemetery Lane (Lot 7, Filing 1, West Aspen Subdivision) Lot Size: Approximately 15,154 square feet Rental History: Engineering Comments: ' Attorney's Comments: Housing Director's Comments: Planning Office Recommendation: P and Z Recommendation: The east side of the Grindlay duplex has been renter occupied since 1976 and currently rents for $750 per month. The west si de rents for $800 per month _ Both un i ts fa 11 wi thi n the City's middle income housing price guidelines. Each side is 1,350 square feet in area. 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 Depa~tment'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 for ,a 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. """"..... -"^' J MEMORANDUM TO: SUnny Vann, Planning Office FROM: 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, 2~ 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. \ ';1 I I I -....1.--, "--~I'"'''-l~~~-'~-~._;'----.'-,\ r. ! .;... t! " .; '"! ,:.,.:l., !:\ :l .:.. ~"\: '1 " i:\,I' :::.L'-:j~_~:(,\_~;/;'~;,: i :! l'li ,.Ij ,I,; . \, lit NO\'~) O__~~::;'~~..._ ,;}_~:U APPLICATION FOR EXEMP PEr'J / C"',':" "'> FROM ", , I, ,,,,'. '.','. SUBDIVISION REGULATIO'NsPLANNING OfFiCE Request is hereby made on behalf of BETTY GRINDLAY (hereinafter referred to as "applicant") under ~20-l9 (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 I creates able use for the subdivision of a lot with a duplex on it conditions which will deprive the applicant of reason- 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 I agreement applicable to the property which will not in any way II increase the land use impact of the property. An exemption in II this case will not conflict with the intent and purpose of the ~lsubdivision regulations which are directed to assist the II orderly, efficient and integrated development of the City of I Aspen, to ensure the proper distribution of population, to I coordinate the need for public services and to encou~age well I I planned subdi vis ions. I I I' II II II i I i d I' II Ii , _.__.......~--., , 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-l9. 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 I I I of the duplex for a period of five (5) years. This side has been rented since 1976 and is presently being rented for seven I II 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 II I, Ii I II " 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. /> ~ G~., fman Attorney for Applicant I I , , , I I Ii 'I II I , I I II -2- ,.-.. ..........- , ~, MEMORANDUM TO: Aspen Planning and Zoning Commission Aspen City Council FROM: RE: DATE: Sunny Vann, Planning Office Grindlay Subdivision Exemption February 1,1980 Zoning: Location: Lot Size: Rental History: Engi neeri ng Comments: Attorney's Comments: Housing Director's Comments: Planning Office Recommendation: P and Z Recommendation: R-15, Residential 825 and 827 Cemetery Lane (Lot 7, Filing 1, West Aspen Subdivision) Approximately 15,154 square feet 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. 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 Depar.tment'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. 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. """'..." '".# TO: Sunny Vann Jim IEents, Housing Directo~ January 23, 1980 FIrn: Ul\TE : SUBJECT : Grindley Cbndominiumization I have spoken to Gideon Kauffman about this application and I feel I can support the following recarrrendation: The applicant has agreed to restricting one unit for a period of time. In the past, to the best of IITh' knowledge, the City has never required IlOre than 50% 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 tine, I feel we I re ahead of ~'1e garre by restricting one of the two units. I will be requesting a work session with Council on the entire issue of condorniniumization at next ~bnday' s rreeting, January 28. JR:ds TO: FROM: Sunny Vann '" Jim Reen~ January 8, 1980 DATE: 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 "-.,., ,/ 130 s MEMORANDUM DATE: December 10, 1979 TO: Sunny Vann y FROH: Ron Stock V 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: [xl Notice and option provisions to current tenants [xl 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 Conunission and City Council may deter- mine that the property, or a portion thereof, is wi thin 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 130 South Galana Street Aspen, Colorado 81611 LAND USE APPLICATION FEES County 00100 - 63711 63712 63713 63714 63715 63716 63717 09009 - 00000 City 00100 - 63721 09009 - 00000 63722 63723 63724 63725 63726 PLANNING OFFICE SALES 00100 - 63061 09009 - 00000 63062 63063 Name: Subdivision/PUD Special Raview P&Z Review Only Detailed Review Final Plat Special Approval Specially Assigned Conceptual Application Preliminary Application Final Application Exemption Rezoning Conditional Use County Land Use Sales GMP Sales Almanac Sales Copy Fe.. Other Project: : ,,' i (:' -SV Address: " Phone: Check No, Date: Receipt No. P (. .. ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 lAND USE APPLICATION FEES County 00100 - 63711 63712 63713 63714 63715 63716 63717 09009 - 00000 City 00100 - 63721 09009 - 00000 63722 63723 63724 63725 63726 PLANNING OFFICE SALES 00100 - 63061 09009 - 00000 63062 63063 Name: Cideon M"fma dux Ilvl fll ~;. .<In Address: t\Spt4"lt \..v ,I\ N .. 12./4/7<:) Check No, 1 Date: Receipt No. P <1 Subdivision/PUD Special Review P&Z Review Only Detailed Review Final Plat Special Approval Specially Assigned Conceptual Application Preliminary Application Final Application Exemption Rezoning Conditional Use County land Use Sales GMP Sales Almanac Sales Copy Fees Other Project: ~"O.'10 Grindlalf - sJl Phone: -.. - -- - -- - - -- ---- ----- --