HomeMy WebLinkAboutcoa.lu.ex.Heller,Lot2, Block 2, Pitkin Mesa
- TransamerlCa Title Insurance Go
,r A Service of
, r Transamerica Corporation
Date
February 2. 1977
P1ease direct correspondence to:
Box 2230
ADDRESS
,
,
Aspen CO
CITY STATE
81611
City of Aspen
Finance Department
130 So. Galena
Aspen, CO 81611
ZIP coot:
Telephone 925-1766
L
~
Escrow Number
46002019 0
Your Number
REMITTANCE ADVICE
We enclose herewith:
o 2. Fire Insurance Policy Number
in poyment of, Dedication Fees, Subdivision
Exemption Fee - 1130 Cemetary
Lane
1] 1. Our check in the amount of $ 1,565.44
D
.~t~
, ~vG ~
Form No.~eVjsed 2-67
Nlc't. ~J:_ c..u" / /Lr......~-
Recorded at 3:02 P.M., Feb. 1,. 77 JUlie Hane, Recorder Recept Number:
"..."
191718
BOOK 324 P^GE 162
STA'IEMENT OF EXEMPTIQ'l
FroM THE DEFINITION OF SUBDIVISICN
WHEREAS, NICK HELLER is the owner of a parcel of land located
in pitkin County, Colorado, rrore particularly described as:
Lot 2 Block 2 pitkin r-Esa Subdivision, and
IVHEREAS, the applicant has an existing duplex located on IDt2
Block 2, and
WHEREAS, applicant has requested an exemption from the definition
of subdivision for the purpose of subdividing the existing duplex through
condaniniurnization, and
IVHEREAS, the Aspen Planning and Zoning Comnission, at its neeting
held December 14, 1976, detennined that an exemption fran the definition of .
subdivision is appropriate and recamended that the sane be granted, and
I'JHEREAS,The City Counsel detennined that the subdivision of
the existing duplex through condominiurnization is not within the
intent and pupose of the subdivision ordinenCE set forth in Chapter 20
of the Aspen Hunicipal Code,
THEREFDRE, the ,City Council of Aspen, Colorado does hereby
detennine that the proposed subdivision of the duplex located on
IDt 2 Block 2 Pitkin Mesa Subdivision by its oondominiurnization
is not within the intents and purpose of the subdivision ordinance
and does, for such reason grant an exemption fran the definition of
such action,
ProVIDED, HOvlEVER, That the foregoing exerrption shall not be
deened to relieve or exempt the subdividing of the duplex situated
on Lot 2 Block2 from any park dedication fees which may be due, and
ProVIDED, HO/lEVER, That ttleforgoing exemption is oonditioned
uPOn the restriction cof rental of said oondominium units to periods
of 110t less than six (6) successive rronths in the . mative
to not more than twice for short-term per' withi ~al",
year). ~~
Dated: Cf'~lLut^r ~ /111 '.. - I,
, TANDLEY, l~
,..0;"111111'; ~~
./' 'JI:i'AATHRYN S. HAUlER, IX) hereby Certify that the foregoing
'Stab?ID"..iit.6f Exemption fran the definition of subdivisionwas OODSidered
?..l>\<,le;lproved, by the Aspen City Council at it regular neeting heW
, ,M<:>riday, DeCelt'~r 27, 1976, at which tirre the Mayor, $TH!1 STANDLEY,III,
, .f, ," . . : ,- '! .
",' ,w;is,authorized to execute the sane on behalf of the i~lo/?0f. Aspen.
'. . .~ .
~ o-rJ), ~':iJ JJ~ ,~L:.-v
Y2\THRYN S. UI'SR,C':'!'YCLER'fo(
Sl'ATE OF COlDRADO)
COUNTY OF PITKIN )
ss.
The foregoing was acknowledged before ne this // day of January
1977, by srACY srANOLEY,III And KATHRYN S. HAUTER, personally known to
ne to be the t-layor and City Clerk, respectvely~ o#..,1;heCity of Aspen.
I'litness my hand and official seal. ' : '
My =mission expires: ~ ~D:t-P~)
c, - ". N6t;atyc -:]..ic '
-;........,?'-',...' . ",,/ '-(~ -:,f_:
1,.-,.
1"" .__
CITY.
SPEN
r01/UIut '0 ~
F
130 so
aspen,
street
81611
January 10, 1977
TO:
Clayton Meyring
Mick Mahoney "\,,'1 v----
FROM:
DATE:
January 10, 1977
~~
RE:
Kaufman-Clemens Park Dedication Fee
I agree with James Mollica's appraisal of Lot 2, Block 2, Pitkin
Mesa Subdivision at $35,000 for the purpose of subdivision dedi-
cation fees. His appraisal is attached.
PSM/pm
Attachment
MBSOn&MORSe
INCORPORATED
"In IIfFIClt.
POST OFFICE BOX Q
ASPEN, COLORADO 81611
PHONE: 303 925-7000
/!/c/i' /-Il- J'l ,~
January 6, 1977
Mr. Mick Mahoney
Aspen City Manager
P.O. Box V
Aspen, Colorado 81611
RE: An "Opinion of Value" for the Kaufman-Clemens
Park Dedication Fee, Lot 2, Block 2, pitkin Mesa
Subdivision, Aspen, Colorado.
Dear Mick:
Pursuant to the request of Mr. Gideon Kaufman, I per-
sonally examined the subject property, have gathered
and analyzed applicable market data for the purpose
of estimating the Fair Market Value of the subject
site, if vacant.
The subject site contains approximately 16,000 square
feet and is presently improved with a two story duplex
residence and limited site improvements. The site is
presently zoned R-15 residential which allows for the
developement of a single family residence on 15,000
square feet. However, at the time the structure was
built, duplexes were permitted.
In analysis the land is valued as if vacant and avail-
able for duplex construction.
Numerous sales of duplex properties have been gathered
and analyzed on the basis of their location, views and
topography. The most recent of these sales is Lot #10
Filing 1, West Aspen Subdivision. It sold in August
1976 for $42,500.00 and contained approximately 16,000
square feet. This sale was also located on Cemetery
Lane, however, its location offered superior views and
sun exposure. This property was vacant at the time of
sale and zoned for duplex residence.
After analyzing the most recent sales of duplex prop-
erties and considering the subject's location, topography
and exposure, it is my opinion that the Fair Market
Value of the subject site if vacant, as of January 6,
1976 would be:
$35,000.00
Contained in my files are numerous sales from which I
base my opinion and which may be made available to the
client if neccessary.
MM
Mason & MORSe
INCORPORATED
"IDIIIRil8'
POST OFFICE BOX Q
ASPEN, COLORADO 81611
PHONE; 303 925-7000
-2-
I hereby certify that I have no present or future con-
teplated interest in the subject property and that my
fee is in no way conti gent upon the valuations set out
in this report.
If I can be of further assistance in this matter please
call.
Si ncerely,
,
J e s J. Mo 11 i c a, R. M .
eal Estate Appraiser
Attached: Appraiser Qualifications
JM/dg
--,' ..;
Mason & MORSe
INCORPORATED
.1D1lII1Clt.
POST OFFICE BOX a
ASPEN, COLORADO 81611
PHONE: 303 925-7000
,..0...
QUALIFICATIONS OF APPRAISER
Jar'1es J. Mollica
Residential Member (R.M.) Designation of the American
Institute of Real Estate Appraisers, 1976
Licensed Real Estate Broker in the State of Colorado
Member of Aspen Board of Realtors
Member of National Association of the Board of Realtors
Instructor University of Colorado Continuing Education
Division
EDUCATION
Business and Advertising, BSJ, Ohio University
Real Estate Law, Ohio University
Course I-A, American Institute of Real Estate Appraisers
Course 8, American Institute of Real Estate Appraisers
Course 201, Society of Real Estate Appraisers
Course 2, American Institute of Real Estate Appraisers
BACKGROUND AND EXPERIENCE
Construction, Deffett Companies, Ohio (During College)
Appraiser Intern - Associated Consultants and Appraisers, In .
June 1972 through November 1973
Independent Real Estate Appraiser, Associated with Mason
and Morse, Inc. January 1974 to present.
MAJOR CLIENTS SERVED
First National Bank of Aspen
Aspen Industrial Bank
Bank of Aspen
Aspen Savings and Loan Assoc.
Bank of Snowmass
First Western Mortgage Corp.
Majestic Savings and Loa
City of Aspen
County of Pitkin
Holland & Hart Attorneys
Oates, Austin, McGrath,
Attorneys
Aspen Highlands Ski Corp.
TYPES OF PROPERTY APPRAISED
Residential
Condominiums
Vacant Land
Commercial
Lodges
Ranches
PURPOSES OF APPRAISALS
Acquisition
Sales
Exchange
Partition
Liquidation
Estate Planning
Condemnation
Tax Planning
Insurance
Mortgage
MM
January 6, 1977
Mr. Gideon Kaufman
1280 Ute Avenue
Aspen, Colorado 81611
S TAT E MEN T
Re: An, "Opinion of Value" for the Kaufman-Clemens Park
Dedication Fee, Lot 2, Block 2, Pitkin Mesa
Subdivision, Aspen, Colorado.
Appraisal Fee: $25.00
Please make your check payable to James J. Mollica, R.M.
Real Estate Appraiser
MASON & MORSE, INC.
P.O. Box Q
Aspen, Colorado 81611
Thank you.
/
MEMORANDUM
TO: Aspen City Council
FROM: Planning Staff (HC)
RE: Subdivision Exemption - Heller Duplex Condominiumization and
Rezoning to R-15 for Annexed Parcel
DATE: December 22, 1976
This is a request for subdivision exemption by Nick Heller to condominiumize
an existing duplex located on Lot 2, Block 2, Pitkin Mesa Subdivision.
This property has petitioned for annexation to the City and a hearing
for zoning to R-15 was held before the Planning and Zoning Commission on
December 21, 1976. The applicant has agreed to restrict the leasing
of the units to a minimum of six (6) month terms with two short term
leases per year allowed. The City Engineer has no comments.
The P&Z recommends granting the subdivision exemption for the condominium-
ization subject to six (6) month leasing restrictions. The P&Z additionally
recommends rezoning of the parcel to R-15.
The Planning Office recommends approval of the Subdivision Exemption
conditioned upon the six month leasing provision and rezoning to R-15.
APPLICATION FDR EXEMPTION
FroM SUBDIVISION REGULATICNS
Request is hereby made on behalf of MR. NICK HELLER (here-
inafter referred to as applicant) under Section 20-19 (a) of the Aspen,
Colorado, Subdivision Regulations, for an e~tion from the definition
of the term "Subdivision" with respect to the real property described as:
Lot 2, Block 2
Pitkin ~sa Subdivision
Pitkin County, Colorado
It is suhnitted that an e~tion in the case W::lUld be appropriate.
The application involves subdivision of an existing duplex. A
subdivision of one lot with a duplex on it creates conditions W1ereby
strict carplianCE with subdivision regulations \\Quld deprive the
applicant of the reasonable use of his land. If an exenption is granted,
the owners cl)f the property will have a catlIlDn interest in the land and
there will be a ooodominium declaration and maintenanCE agreeIrel1t
applicable to the p,(~Ly v.hich will not in any way increase the land
use :inpact of the property. An e~tion in this case will not oooflict
with the intent and purpose of the subdivision regulations Yhich are
directed to assist the orderly, efficient, and integrated developnent
,
of the :City of .Aspen, to insure the proper distribution of population,
to ooo~te the need for public services, and to enoourage ~ll planned
subdivision.
The granting of this application will not undermine the intent
of the sulXlivision regulations as it is clearly within the area intended
for exenption under 20-19. The building is already in existenoe, and
there will be no change in density vhich is presently in line with the
desired population density for the property.
The applicant W:lUld appreciate your oonsideration of this appli-
cation at your next regular rreeting.
Very truly yours,
G~ ~:t:-
Attomey for Nick Heller (Applicant)
Dated this 15th day of November I 1976
,-,
-,
~ -~~..' ~'. """".
.~~.
-. < ..,...'~-"-"" "".", '
~~ _.....".. -~.<;- m" ..
, '" ..,. '.i-~'.~"~
~ _.... , .
r'-'""
I{AUFMAN & I{LEIN
~.d~
BOX 10001
1280 UTE AV~K
ASPEN. COLORADO 81611
GIDEON I. KAUFMAN
808 . 92:1.8166 (7)
HERBERT S. KLBIN
Mr. Hal Clazk
Planning Office
Aspen, Colorado 81611
October 13, 1976
Dear Hal,
Please consider this letter a fonnal request iran Nick Heller the
amer of Lot 2 Block 2 pitkin ~sa Subdivision f= the zoning of his land.
\'e would ask that the Planning Office recormend that said land about to be
annexed into the City be zoned R-15 and pusuantto the Area and Bulk require-
ments of the Zoning Code be granted all the benefits that inure to R-15
duplexs sub divided as of the effective date of the current zoning, (ie.
duplexes pennitted on minimum lots, of 15,OOOft.).
While I am aware that the procedural steps may require a final approval
of annexation before consideration of a zoning application I would nonetheless
request the Planning office to undertake whatever investigation is necessary
to make a reUllllll"udation on our zoning request. 'lhe annexation is conditioned
upon the Cities acceptance of the requested zoning and the Planning Offioe's
recannendation is therefore vital.
Thank you,
~~
Gideon Ka , Attorney
for Nick Heller
-.
.
.- -~
....,..., ~ ~....",
~'"
~-, "",-
,....'
MEMORANDUM
TO:
(!,71
Aspen ElaBR~g
(!~~;';'I I
COuuu":"oo":"vh
RE:
,I- !Z-IS- j4;L /1-fV,v"',t-etJ ~mur!J
Planning Staff (HC) ~3 ~ ~
Subdivision Exemption - Heller ~Plex Condominiumization~
FROM:
/l ,-L f.? ~j.r-
!!p~ -- .
c'" r J
This is a request for subdivision exemPtion~bY Nick Heller to condominiumize
an existing duplex located on Lot 2, Block 2, Pitkin Mesa Subdivision.
This property has petifloPld for annexation to the City and a hearing
for zoning to R-15 ~~before the Planning and Zoning Commission on
December 21, 1976. The applicant has agreed to restrict the leasing
of the units to a minimum of six (6) month terms with two short term
leases per year allowed. The City Engineer has no comments.
December t, 1976
-Zl)
DATE:
~
)) ~ paL- .(<1 -~~A1_ ...f1 r..:t) .~ ~.,,,8.L,; ~~
~ ~ ~~~ rBt ,~7:i ~ ___.X ~;'J
.~, )1< ~(JI~_ 7~ /~.f4~ LI_J ~..{ll'~~
~ ~ ~ 4 /~.(J ~ R-/J7
The Planning Office recommends approval of the Subdivision Exemption CoAAl,7~~~
p....nn.; dee the six month leasing provision is T9q...;....sa. ~;. t' 2..,;) IV' IM./& '/'"c l ~'.r-.
I/f&';';
. 13uAk",-
PUBLIC NOTICE
Notice is hereby given that on December 21, 1976 a public hearing
will be held before the Aspen Planning and Zoning Commission at
5:00 P.M. in the Aspen City Council Chambers, City Hall to consider
the rezoning to R-15 for the following parcel which is in process of
annexation to the City of Aspen:
Lot 2, Block 2
Pitkin Mesa Subdivision
Pitkin County, Colorado.
'~
Inspection concerning the request is available in the Office of the
City County Planner during normal working hours.
Published in the Aspen Times November 25, 1976.
.p~~ ctaJl~-foCB~~)lq11,
. ~~
,
, -
//
--
"
-'
,...
..
"
STEWART TITLE OF ASPEN, INC.
HEREBY CERTIFIES from a search of the books in this office that the owners
of
Property within 300 feet of Lot 2, Block 2 in Pitkin Mesa Subdivision
.
Situated in the County of Pitkin, State of Colorado, appear to be vested in
the names of:
Sherwin C. Cllristanelli (f)
-John C. Stoddard @) ,
Charles E. and Ann G. Worth~
Mary Helen Guthrip~
-Mel Seid @ ~
J. Stanley and Donna B. Gilber~
Radford Byerly \;) ./
Douglas and Lorraine Kermode~
Hugh W. and Barbara H. Marlow~
,_James A. and Sandra W. Ibbotson
Catherine B. Fla~rt~
Harold E. Valleycp
Robert P. Justman (J)
. David Helfrich@
Robert P. JustmanfD
Michael S. Ann~ ~
John D. King @
. James J. Mol1ica@
, Patricia R. and George E. Manue@
Although we believe the facts stated are true, this Certificate is not
to be construed as an abstract of title, nor an opinion of title, nor
a guaranty of title, and it is understood and agreed that Stewart Title of Aspen,
Inc. neither assumes, nor will be charged with any financial obligation or
liability whatever on account of any statement contained herein.
Dated at Aspen, Colorado, this 7th
1976, at 8:00 A.M.
day of November
A.D.
STEWART TITLE OF ASPEN, INC.
~ ~Z'~
C-~Y::. ,V"/ fC/
BY c:; ft~ t.> ./~7-",---"
"
1 '
/
~
(1)
f11,-"h,i,1.. (\ PI)A~
IS i: Y.. ''313
Q ~f€0
(~ ~ 1\ D 0RI) f)'l f~ L '/
I be) i Sr ciT'! 'PA!'o'-'AL BAIJK &(D'-
Holl'":.,.'> rty.,~,"770~L
/
,r
, 3)'; [I A (1.. 'I fL<. tJ;..! C- U ., J.J (< II:'
\. I
'"-~ .r" I
f'D gO)(Lo'-13
a '-) f Ii tJ Ct ('" C6 I (,/If,
~:
-y
,,) ()
(L~, A JJ jJ
() 0 'f '-/8 (;: (,
j.. WAC.' 0 VA LL['i
D.'7fi~j.J LJCo <Ubll
, < H P,v.;,.l"
~ L')I.Rctr~';'- C~lSiAlJ~U"
! 60'/.. '(,(1
:e,- S f{!~
cA.c
<6 ;(H
(9 r: Ari#e(t,tJ rC ~ HetTY
cr C( 'f '> ~ I~M~vA~;
J)cu.:iUt cA< Qc2){
(1 \R 0 ~f~r- -SU,> T t1~p
B01 Lj"lf
CI. ':ife fl CoLe, 'it4d
I
CD, '~eojA'" .i..L. oS?{2/\ ij.!f }((z.~f1cDr;
: B (, ~ I '5 I
o.'>flt/J e.l" '1>1'1/
,
II
c.],
C0
em
@
@'
,
(!)i
W vtfl-l .J.()ACgl?A t1f>,~LO ,{)
f () 73 C€Hi7M-t LA/.Jt?~
i{')f~jJl U(D '6/l'l
C J~A(lf: ,:J. AI-'p
Be i. q,?c,
'v..; ~ R.7 II-
C{ "'{Iii<-
(.~\c '
~ /Go
i.
'..) II H- 0 1> k! II) L-
() b 'f, b)"
Hp,o'tt>...". r(/(./.} 494S'I-
!
!,0 5Tfo,}Ji1c'l ,).. ~ (.;,tf5ir.r
I, .80 f... ~ SOl
c~ ">(j'1Z /J, Ce,lc "./G'I
DAv1i)
Bo f..
l-I- E: L rfJ',4
l.fCf, Cf 3
C(" fa"" cd. () '6/411
!I
JO/1liS (1;)LL;c.p.
Bo)( Q
0.. S flliJ c.,( v
PATRie II>.' Ci..... GEvrw:Z f141NEL
6c'f, ~ 0
0..." fCif-) cd,c
h EL S€IO
RESoL"Tlo" LID
~ ;' Ii-
@
o
I'
I
III S Sfi?lvr"c;r
C-L. '
(.~ '> fFI'
:).:>~/..! C.
"1'1
S te D,DAf D
\.<J r+"fk,vS
t.:t\fuJ.. CI.-.Lc