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Home My WebLink Aboutcoa.lu.ex.Heller,Lot2, Block 2, Pitkin Mesapni ' �i, • 4q HELLER Lot 2 Block 2, Pitkin Mesa Transamerica Title Insurance Co 0 A Service of Transamerica Corporation Date February 2, 1977 Please direct correspondence to: Box 2230 ADDRESS City of Aspen Aspen CO 81611 Finance Department CITY STATE ZIP CODE 130 So. Galena Telephone 925-1766 Aspen, CO 81611 L J Escrow Number 46002019 0 Your Number REMITTANCE ADVICE We enclose herewith: �] 1. Our check in the amount of $ 1, 565.44 in payment of: Dedication Fees, Subdivision Exemption Fee - 1130 Cemetary ❑ 2. Fire Insurance Policy Number Lane 66rxfil 4 N/C -�7 C iFormNo. 75pRevised Recorded at 3:02 P.M., Feb. 1,077 JUlie Hane, Recorder Recepte Number: 1.91718 BOOK ?4 STATEMENT OF EXEMPTION FROM TIE DEFINITION OF SUBDIVISION WHEREAS, NICK FELLER is the owner of a parcel of land located in Pitkin County, Colorado, more particularly described as: Lot 2 Block 2 Pitkin Mesa Subdivision, and WHEREAS, the applicant has ail existing duplex located on Lot2 Block 2, 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 meting held December 14, 1976, determined that an exemption from the definition of _ subdivision is appropriate and recomm?nded that the same be granted, and WIIEREAS,The City Counsel determined that the subdivision of the existing duplex through condominiumization is not within the intent and pupose of the subdivision ordinece 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 Lot 2 Block 2 Pitkin Mesa Subdivision by its condominiumization is not within the intents and purpose of t1ie subdivision ordinance and does, for such reason grant an exemption from the definition of such action, PROVIDED, HOWEVER, That the foregoing exemption shall not be deemed to relieve or exempt the subdividing of the duplex situated or. Lot 2 Block2 from any park dedication fees which may be due, and PROVIDED, Ha EVER, That t7peforgoing exemption is conditioned upon the restriction of rental of said condominium units to periods Qf not _less than six (6) successive months in the . rnative to not more than twice for short-term per' withi y calan year). - Dated : 4/-1 7 7 G/ - STACY TANDLEY, 111�R I�CATHRYN S. HAUTER, DO hereby certify that the foregoing State (tent of Exemption from the definition of subdivision was considered an,,l approved by the Aspen City Council at it regular meeting held ,Mond -ay, 27, 1976, at which Lure the Mayor, STACY STANDLEY,III, ..,,was, authorized to execute the same on behalf of the :City; of- Aspen. K\TiIRYN S _ UI'ER, (:7Y CC_EF2I{ j� - STATE OF COLORADO) ss. COUNTY OF PITKIN ) The foregoing was acknowledged before m' this &,day of January 1977, by STACY STANDLEY,III And KATHRYN S. HAUTER, personally known to me to be the Mayor and City Clerk, respectvely,, o£ the City of Aspen. Witrwss my hand and official seal. My commission expires: N t. Public Oggalena CITYASPEN 130 so street aspen, colorado 81611 January 10, 1977 TO: Clayton Meyring FROM: Mick Mahoney 'r"� �lkyPy DATE: January 10, 1977 1 RE: Kaufman -Clemens Park Dedication Fee it) i 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 C9 i-��- W 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 Cason G MORse client if neccessary. I N C O R P O R A T E D win OFFICO: 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 contigent upon the valuations set out in this report. If I can be of further assistance in this matter please call. Sincerely, J es J. Mollica, R.M. eal Estate Appraiser Attached: Appraiser Qualifications JM/dg masomffise I N C O R P O R A T E D win of POST OFFICE BOX O ASPEN, COLORADO 81611 PHONE: 303 925-7000 QUALIFICATIONS OF APPRAISER Mason � MORse I N C O R P O R A T E D main OFFICE: POST OFFICE BOX Q ASPEN, COLORADO 81611 PHONE: 303 925-7000 Jar,ies J . Mol 1 i ca Residential Member (R.M.) Designation of the American Institute of Peal 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 FrIl)CATION Business and Advertising, BSJ, Ohio University Real Estate Law, Ohio University Course 1-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, I June 1972 through November 197" Independent Real Estate Appraiser, Associated with Mas�;n 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. TYPES OF PROPERTY APPRAISED Residential Condominiums Vacant Land PURPOSES OF APPRAISALS Acquisition Sales Exchange Parti Lion Liquidation Majestic Savings and Loar City of Aspen County of Pitkin Holland & Hart Attorneys Oates, Austin; McGrath, Attorneys Aspen Highlands Ski Corp. Commercial Lodges Ranches Estate Planning Condemnation Tax Planning Insurance Mortgage January 6, 1977 Mr. Gideon Kaufman 1280 Ute Avenue Aspen, Colorado 81611 S T A T E M E N 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 FOR EXEMPTION FRDM SUBDIVISION REGULATIONS Request is hereby made on behalf of MR. NICK :--TELLER (here- inafter referred to as applicant) under Section 20-19 (a) of the Aspen, Colorado, Subdivision Regulations, for an exemption from the definition of the term "Subdivision" with respect to the real property described as: Lot 2, Block 2 Pitkin Mesa Subdivision Pitkin County, Colorado It is su b-itted that an exemption in the case would be appropriate. the application involves subdivision of an existing duplex. A subdivision of one lot with a duplex on it creates conditions whereby strict compliance with subdivision 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 rich 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 4iich 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 20-19. The building is already in existence, and there will be no change in density which is presently in line with the desired population density for the property. The applicant would appreciate your consideration of this appli- cation at your next regular meeting. Very truly yours, �� 9 u Gideon I. Ka Attorney for Nick Heller (Applicant) Dated this 15th day of November, 1976 GIDEON I. KAUFMAN Mr. Hal Clark Planning Office Aspen, Colorado 81611 Dear Hal, KAUFDIAN & KLEIN BOX 10001 1280 UTE AVENUE ASPEN. COIAORADO 81611 303 - 025-8188 (7 ) HERBERT S. KLEIN October 13, 1976 Please consider this letter a formal request from Nick Heller the owner of Lot 2 Block 2 Pitkin Mesa Subdivision for the zoning of his land. i%b would ask that the Planning Office recomtend that said land about to be annexed into the City be zoned R-15 and pusuant to 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 permitted on minimum lots -of 15,000ft.). 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 recommendation on our zoning request. The annexation is conditioned upon the Cities acceptance of the requested zoning and the Planning Office's recommendation is therefore vital. Thank you, Gideon Kaufrlan, Attorney for Nick Heller MEMORANDUM TO: Aspen Planning Commission FROM: Planning Staff (HC) RE: Heller - Kaufman DATE: December 16, 1976 This is a public hearing to consider the zoning of Lot 2, Block 2, Pitkin Mesa Subdivision which is in process of annexation to the City of Aspen. The parcel is initially surrounded by the City with contiguous R-15 zoning on both sides. A duplex is existing on the property and the Planning and Zoning Commission approved at their December 14, 1976 meeting a Subdivision Exemption for the condominiumization of the duplex conditioned upon the six month leasing requirement. The Planning Office recommends approval of the rezoning to R-15. MEMORANDUM 61,Ti C"O 4--v i / TO: Aspen P-1a4+n4hr, GO FROM: Planning Staff (HC) Ovid RE: Subdivision Exemption - Heller Duplex CondominiumizatiorP DATE: December ®, 1976 "LZ� 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 peti� o d for annexation to the City and a hearing for zoning to R-15 iV'4 .eA Nefore 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 Planning Office recommends approval of the Subdivision Exemption Co•."J'71aw Y 4 pray.i4e4 the six month leasing provision rA�-- � �` PZ�,•: iwb h, K -/I' 13a'VLA-p— 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. r' 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. aristanelli —John C. Stoddard 0 Charles E. and Ann G. Worth Mary Helen Guthrie —Mel Seid J. Stanley and Donna B. Gilbert a) Radford Byerly�l Douglas and Lorraine Kermode` Hugh W. and Barbara H. Marlow James A. and Sandra W. Ibbotson Catherine B. FlahertY@ Harold E. Valleyo Robert P. Justman .David Helfrich, Robert P. Justman Michael S. Ann / John D. King Iq .James J. Mollica ly Patricia R. and George E. ManueY(j� 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 day of November 1976, at 8:00 A.M. STEWART TITLE OF ASPEN, INC. A.D. / 02 (j) (�) _Lu�it�) tj. 14AEC nN'A/A� gc� 313 a Sri J DO 3 AC 6A�K �iD PAC \l �'C► �� ( 2av3 vA LLCq Sr,�N CA C 14 CTY �< �t y S 4 I -I a %,;"\ri I)F;uci-R Sc2,3/ o 40— -, �''' �') T- C nl� 91(y aSPa�) COLO � c,L 1C orRAINF �r;,jzPicDi, � 0 Ue L--69e PA f l A2(,o tt) 3 C0-(, rA►ci CANe, `6sol Bo q3 �cph, f,41 R/c /Q. C G.'►y (~r�aK6� 17,4N✓EC �oX A Q C,OCQ KESOL(,TIou LTD Ii-7 S. cyeivbSr -309u c S1-8DDA ie_D -�Z`i w 140 tA �i us if