HomeMy WebLinkAboutcoa.lu.ex.Helmich Condo.WestAspen.Subd.1979M�- N - \10
HELMICH CONDOMINIUMIZATION--West
Aspen Subdivision
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ate: pins found in place according to a plat
of West Aspen Subdivision Filing *4�1 as
recorded in Plat Book 3 page 2 52 , office
of Pitkin County Clerk and Recorder.
I , Edgar Frederick Benner Jr. certify that
this plot accurately represents location of
improvements and building dimensions
as you nd by me 12 December 1969
2
Edgar Frederick Benner,dr, Golo. L.S. 947G
9
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MEMORANDUM
TO: Dave Ellis, City Engineer
Ron Stock, City Attorney
FROM: Planning Office, Richard Grice
RE: Helmich Condominiumization - West Aspen Subdivision
DATE: March 6, 1979
Attached is an application for condominiumization of a duplex in the West
Aspen Subdivision owned by Donald B. Helmich. May I please have your comments
on this application by Tuesday, March 27, 1979 so that I may present this
application to the Aspen Planning and Zoning Commission at their regular
meeting scheduled for Tuesday, April 3, 1979. If you cannot meet this dead-
line, please contact me immediately at ext. 223. Thank you.
CITY OF ASPEN
130 south galena street
aspen, colorado 81611
MEMORANDUM
DATE: March 26, 1979
TO: Richard
FROM: Ron Stock
RE: Helmich Condominiumization
I have no objection to the approval of the above -entitled
subdivision exemption provided that the property is deed
restricted to comply with the notice and option provisions
of Section 20-22, that the property is restricted to six-
month minimum leases with no more than two shorter tenancies
per year, and that at least one unit is restricted to both
price and occupancy limitations.
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CITY OF ASPEN
1 3 0 south galena street
aspen, colorado 81611
MEMORANDUM
TO: Richard Grice, Planning
FROM: Daniel A. McArthur, Assistant City Engineer
DATE: March 23, 1979
RE: Subdivision Exemption Request for Helmick, Lot 28, Filing 1, West Aspen
After having reviewed the improvement survey for the above project
and having made a site inspection, the Engineering Department finds that
there are several inadequacies with regard to the City's subdivision
design standards. They are as follows:
1. The owner shall revise or resubmit a new recent improvement
survey which shall include the following;
a. Legal description
b. Identification of adjoining subdivision lots
c. Location of existing fenches
d. Location of existing vegetation and trees
e. Location of existing utility easements
f. Location and description of driveway and private road
The Engineering Department recommendations will be for approval of
the above subdivision exemption request subject to the applicant correcting
the following:
1. The owner must revise and resubmit the improvements survey as
per the above.
cc: Gideon Kaufman
DAM/pr
GIDEO/N I. KAUFMAN
BOX 10001
1280 UTE AVENUE
ASPEN, COLORADO 81611
(303) 925-8166
March 1, 1979
Mr. Richard Grice
Planning and Zoning Office
City of Aspen
130 South Galena
Aspen, Colorado 81611
NEW ADDRESS:
Box 10001
611 West Main Street
Aspen, Colorado 81611
Re: Donald B. Helmich, Lot 28, Filing One, West Aspen Subdivision
Dear Richard,
This letter is being written to you on behalf of
Donald B. Helmich, who is seeking the condominiumization
of a duplex in the City of Aspen. Mr. Helmich has owned
the property since it was built ten (10) years ago. He
has resided in one-half of the duplex as his primary resi-
dence for eight (8) of the ten (10) years that he has owned
the property. The other side of the property has been
rented and is within the pool of low, moderate and middle
income housing ($450.00 for 2 bedrooms, 2 baths and the
owner pays utilities). I would submit, however, that Mr.
Helmich has rented the property at very reasonable rates.
He intends to do so and does not have anv trouble with a
restriction on the rented unit for five (5) years. In
light of Mr. Helmich's reasonable rents, I would question
whether he would be entitled to increase those rents or
whether those rentals should be frozen at their present
levels. It seems to me that the ordinance is attempting
to preserve low, moderate and middle income housing; and
the ordinance should not penalize those people who have
on their own without an ordinance maintained moderate
housing at rents that are reasonable to tenants. If you
have any questions on this matter, please feel free to
contact me.
Sincerely,
r
i
Gideon Kauf an
GK ch
MEMORANDUM
TO: Aspen City Council
FROM: Richard Grice, Planning Office,
RE: Helmich Subdivision Exemption
DATE: April 19, 1979
The attached application requests subdivision exemption for the purpose
of condominiumization of an existing duplex located on Lot 28, Filing 1,
West Aspen Subdivision. The attached letter from Gideon Kaufman addresses
compliance with Ordinance 39's requirement to demonstrate preservation of
low, moderate and middle income housing. That letter indicates that one unit
of this duplex is within the pool of low, moderate and middle income housing
($450 per month for two bedrooms, two baths and the owner pays utilities).
The other unit has been occupied by the owner for eight of the last ten years.
Mr. Helmich has no objection to a five year restriction maintaining the unit
within the housing pool.
The application was referred to Ron Stock who comments as follows, "I
have no objection to the approval of the above entitled subdivision exemption
provided that the property is deed restricted to comply with the notice and
option requirements of Section 20-22, that the property is restricted to
six month minimum leases with no more than two shorter tenancies per year
and that at least one unit is restricted to both price and occupancy limitations."
The City Engineering Department has also reviewed the improvement survey
and conducted a site inspection. They find that there are several inadequacies
with regard to the City's subdivision design standards. The Engineering
Department's recommendation is for approval of the subdivision exemption
request subject to the applicant revising or resubmitting a new improvement
survey which shall include the following:
a. Legal description,
b. Identification of adjoining subdivision lots,
C. Location of existing fences,
d. Location of existing vegetation and trees,
e. Location of existing utility easements, and
f. Location and description of driveway and private road.
The Aspen Planning and Zoning Commission reviewed this application at
their regular meeting on April 17, 1979, at which time they recommended
that you approve this subdivision exemption request subject to the revision
and resubmittal of the improvement survey as outlined to the satisfaction of
the City Engineering Department and subject to the conditions suggested by
the City Attorney.
We agree with the Planning and Zoning Commission's recommendation and
suggest you follow that recommendation.
APPLICATION FOR EXEMPTION
FROM
SUBDIVISION REGULATIONS
Request is hereby made on behalf of Donald B. Helmich
(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 28
Filing One
West Aspen Subdivision
Pitkin County
Colorado
It is submitted that an exemption in this case would be
appropriate.
The application involves subdivision of an existing
structure. A subdivision of a lot with a duplex on it creates
conditions whereby strict compliance with the subdivision regu-
lations would deprive the applicant of reasonable use of his
land. If an exemption is granted, the owner of the property
will have a common interest in the land and there will be either
a condominium declaration or use and occupancy agreement appli-
cable 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.
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. A follow-up letter will be submitted con-
cerning the proposed condominiumization's compliance with the
new condominiumization ordinance. The applicant would appre-
ciate your consideration of this application at your next
regular meeting.
Dated: February 21, 1979.
Gideon I. Kaufman
Attorney for Applicant
-2-
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Richard Grice, Planning Office
RE: Helmich Subdivision Exemption
DATE: March 28, 1979
The attached application requests subdivision exemption for the purpose of
condominiumization of an existing duplex located on Lot 28, Filing 1, West Aspen
Subdivision. The attached letter addresses compliance with Ordinance 39's
requirement to demonstrate preservation of low, moderate and middle income
housing. That letter indicates that one unit of this duplex is within the pool
of low, moderate and middle income housing ($450 for two bedrooms, two baths
and the owner pays utilities). The other unit has been occupied by the owner
for eight of the last 10 years. Mr. Helmich has no objection to a five year
restriction maintaining the unit within the pool.
The application was referred to Ron Stock who comments as follows, "I have
no objection to the approval of the above entitled subdivision exemption provided
that the property is deed restricted to comply with the notice and option provisions
of Section 20-22, that the property is restricted to six month minimum leases with
no more than two shorter tenancies per year and that at least one unit is restricted
to both price and occupancy limitations."
The City Engineering Department has reviewed the improvement survey and
conducted a site inspection. They find that there are several inadequacies
with regard to the City's subdivision design standards. The Engineering
Department recommendation is for approval of the subdivision exemption request
subject to the applicant revising or resubmitting a new recent improvement survey
which shall include the following:
a. Legal description,
b. Identification of adjoining subdivision lots,
C. Location of existing fences,
d. Location of existing vegetation and trees,
e. Location of existing utility easements,
f. Location and description of driveway and private road.
The Planning Office recommends you approve this subdivision exemption
request subject to the revision and resubmittal of the improvement survey as
outlined to the satisfaction of the City Engineering Department and subject
to the conditions suggested by the City Attorney.
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Note: pins found in place according to a plat
e of West Aspn Suioclivision Filing 1*1 os
recorded in Plat Book 3 page 252. , off;ce
of Pitkin County Clerk and Recorder.
i
I , Edgar Frederick Benner, Jr. certify that
this plat occurote.y represents location of
improvements and bu ld;ng dimens:c'ns
as tourd by me ;2 December ;969.
Edgar r reder; ck Benner.Jr. Coto. L.S. 947G