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HomeMy WebLinkAboutcoa.lu.ex.Helmich Condo.WestAspen.Subd.1979 ." 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. CIT 130 s MEMORANDUM DATE: March 26, 1979 TO: Richa~d . 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. RWS:mc ,..... ....00' CITY OF ASPEN 130 south galena aspen, colorado s t re e t 81611 MEMORANDUM TO: FROM: DATE: RE: Richard Grice, Planning Daniel A. McArthur, Assistant City Engineer March 23, 1979 Subdivision Exemption Request for Helmick, Lot 28, Filing 1, West Aspen After having and having made a there are several design standards. reviewed the improvement survey for the above project site inspection, the Engineering Department finds that inadequacies with regard to the City's subdivision 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 GIDEON I. KAUFMAN cA1t8w~ at ~ BOX 10001 '280 UTE AVENUE ASPEN. COLORADO a161 1 !\JEW ADDRESS: Box lOoe 1 Gl! West Main Street ASr,?r; C.Jlnradc 81511 (3031 925-8166 March 1, 1979 Mr. Richard Grice Planning and Zoning Office City of Aspen 130 South Galena 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 any 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, G~ ~::t - (Cv ,,]-, ,..~ '.""" ..... '~ ,./' MEMORANDUM FROM: Aspen City Council Richard Grice, Planning Office Helmich Subdivision Exemption ~~ TO: RE: 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 app 1 i cati on was referred to Ron Stock who comments as fo 11 ows, II 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 restri cted to both pri ce and occupancy 1 imitati ons. II 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 ..~ryey 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. ~ [I I APPLICATION FOR EXEMPTION FROM SUBDIVISION REGULATIONS Request is hereby made on behalf of Donald B. Helmich (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 28 Fi ling 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 T " ..-"l'_. . the area intended for exemption under 920-19. 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. G~ ~f_ Attorney for Applicant -2- MEMORANDUM RE: Aspen Planning and Zoning Commission Richard Grice, Planning Office Helmich Subdivision Exemption TO: FROM: 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 appl i cati on was referred to Ron Stock who comments as fo 11 ows, "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 DellLr.eGE!ntuimprovement 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. f:;:"",,-c",,<'."'.nJ<-." ".-' I / / w <J -j.J ,/,',-\. o 0'+ Lt 0 I".. .W - -<.) (1.l1 <\j \.- " Ul 0 o Oi"J lJ -j.J '..:- () -= Q C( 0),_. m c L 15.o 'ii Q c !... 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