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Home My WebLink Aboutcoa.lu.ex.Harvey (Hovey Rose) Pyramid . 11 STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION WHEREAS, the provisions of Section 20-19 (b) of the i iAspen Municipal Code provide that, following receipt of a recommen dation from the Planning Commission, the City Council may exempt a particular division of land from the definition of a subdivision set forth in Section 20-3 (s) of the Code, when, in the judgment of the City Council, such division of land is not within the in- tent and purpose of subdivision regulation, and WHEREAS, pursuant to said Section 20-19(b), SCOTT D. HOVEY and STEPHEN T. McDONALD have requested such an exemption for the condominiumization of the existing improvements on Lot 43, Filing 1, West Aspen Subdivision City of Aspen, Pitkin County, Colorado and WHEREAS, the Aspen Planning and Zoning Commission, at its meeting held recommended approval of such request,and WHEREAS, the City Council has determined that the pro- posed condominiumization is not within the intents and purposes of subdivision regulation, THEREFORE, the Aspen City Council,pursuant to the authority granted in Section 20-19(b) of the Aspen Municipal Code, does hereby determine and declare that the condominiumization of the existing improvements on Lot 43, Filing 1, West Aspen Sub- division, Pitkin County, Colorado, is without the intents and pur- poses of Chapter 20 of the Aspen Municipal Code and does hereby waive the enforcement of the City subdivision regulations with respect thereto. Done this by the Aspen City Counci at its regular meeting held on said date. Stacy Standley, III, Mayor ATTEST: Kathryn S. Hauter, City Clerk r.'.... ~ -- STATE OF COLORADO) ) ss.: COUNTY OF PITKIN ) The foregoing instrument was duly acknowledged before me this day of , by STACY STANDLEY, III and , personally known to me to be the Mayor and City Clerk of the City of Aspen, Colorado. Witness my hand and official seal. Notary Public My commission expires: ~ CITY OF ASi EN 130 SOUTH GALENA STREET - ASPEN, COLORADO 81611 MESSAGE REPLY TO DATE DATE tJ;; J~ /.- _BY SIGNED ,. -- ~~. tldJi. -Ibff(tJPL w;~ ~ )up, fUtit, !~ (ulr~ . ( fJJtll i fjUn IlS ~YIe1 P/bt . l/IJ.lf jc~ ~ (LtrlLiJ.J MEMORANDUM TO: Aspen City Council FROM: planning Office (KS) RE: Lot 43, West Aspen Subdivision #1 - Subdivision Exemption DATE: February 9, 1978 Larry Rose, Scott Hovey, and Stephe application for subdivision exemption ap condominiumize the duplex they now own i division. Lot 43 is qt thp northwp~t ~_r:tfL_Si.err>'l vi ..t>'l nri "" The lot area is -- square feet, a conforming lot in the R-l McDonald have made roval in order to the West Aspen Sub- .Lane approximately 15,000 zone district. With respect to the question of hou ing impact, the appli- cants submit that the purpose of the con ominiumization is simply to allow current owners to own their res ective halves of the property. There will therefore be no di placement of current tenant-owners, who are self-employed loc 1 businessmen. Appli- cants agree to submit to the six-month m'nimum lease restriction as specified in Ordinance #53. The Plan ing Office agrees that the proposal does not appear to have any adverse impact on the supply of low and moderate income housin The Planning and zoning Commission, after receiving favorable comment from the Engineering a d Planning Departments, did recommend approval by motion made at their meeting on on February 7th. They found that the pr posal complied with the housing impact policy of Ordinance #53 since the current tenants and owners would also be the new owners under the condo- miniumization. They did condition their recommendation, however, on a six-month minimum lease restriction, and the applicants have agreed to incorporate same in an e emption agreement. They have promised to submit same for review before your Monday meeting. KS:mc M E M 0 RAN DUM TO: Aspen Planning and Zoning Commission FROM: Planning Office (KS) RE: Lot 43, West Aspen Subdivision #1 - Subdivision Exemption DATE: February 3, 1978 .1 -- Larry Rose, Scott Hovey, and Stephen McDonald have made application for subdivision exemption approval in order to condominiumize the duplex they now own in the West Aspen Subdivision. Lot 43 is at the northwest corner of Cemetery Lane and Sierra Vista Drive. The Lot area is approximately 15,000 square feet, a conforming lot in the R-15 zone district. With respect to the question of housing impact, the applicants submit that the purpose of the condominiumization is simply to allow current owners to own their respective halves of the property. There will therefore be no displacement of current tenant-owners, who are self- employed local businessmen., Applicants agree to submit to the six month minimum lease restriction as specified in Ordinance #53. The Planning Office agrees that the proposal does not appear to have any adverse impact on the supply of low and moderate income housing. Tom Jones Assistant City Engineer, has reviewed the plat and recommends the exemption. The Planning Office concurs and asks that you condition any motion of approval on a 6 month minimum lease and payment of the appropriate park dedication fee. As advice to the applicant, this should be incorporated in a subdivision exemption agreement. lmk I CUSTOMER CITY OF ASPEN FINANCE DEPARTMENT CASHIER'S RECEIPT 01.111 LICENSES & PERMITS 511 0 BUSINESS LICENSES 512 0 SALES TAX LICENSES 513 0 BEER. WINE. LIQUOR LICENSES 514 0 CONTRACTOR'S LICENSES 516 0 LIQUOR LICENSE APPLICATION 517 0 DOG LICENSE 518 0 CENTRAL ALARM LICENSE 519 0 BICYCLE LICENSES 520 0 EXCAVATION PERMITS 521 0 CONSTRUCTION PERMITS 522 0 ELECTRICAL PERMITS 523 0 PLUMBING PERMITS 524 0 HEATING PERMITS 525 0 SEPTIC TANK PERMITS 01.111 FINES & FORFEITS 561 0 COURT FINES 562 0 COURT BONDS. FORFEIT 563.01 0 TOWING FINES. IMPOUND 563.02 0 TOWING FINES. NOT IMPOUND 564 0 TRAFFIC FINES 566 0 FALSE ALARM FINES 568 0 DOG IMPOUND FINES 569 0 OTHER FINES & FORFEITS 01.111 OTHER MISC. REVENUES 579 0 MAPS, CODES, ZONING REGS. 589 0 OTHERS (DESCRIBE) DESCRIPTION, (NAME, NUMBER, ETC.), 01.988.632.03 0 XEROXING (DESCRIBE) /' "''"'.1" 0 Iil'OTHER. ACCT. NO~ J" Ii. " '.' (:"...[ tV ,,:' __..1'-'),.- \ (,.~--!....\(...) V J, A. II _j / ,~. ......r./'.\ U..(.;cU , .\ '-", ".,,' U .Il':--',' I\=)~r\ l_ct. Lt ?) ~ hC(j -~ i ~ - ,,;, " ..~, , "1 C=:(\ rt ... / ~ I i (.~) r /?" . . \ Oy \iT;\Hr~(\(:?:-rDATrON RECEIVED FROM L . ,. \ ~:.j A ~ CUSTOMER o CITY OF ASPEN FINANCE DEPARTMENT o CASHIER'S RECEIPT 01.111 LICENSES & PERMITS 511 0 BUSINESS LICENSES 512 0 SALES TAX LICENSES 513 0 BEER. WINE. LIQUOR LICENSES 514 0 CONTRACTOR'S LICENSES 516 0 LIQUOR LICENSE APPLICATION 517 0 DOG LICENSE 518 0 CENTRAL ALARM LICENSE 519 0 BICYCLE LICENSES 520 0 EXCAVATION PERMITS 521 0 CONSTRUCTION PERMITS 522 0 ELECTRICAL PERMITS 523 0 PLUMBING PERMITS 524 0 HEATING PERMITS 525 0 SEPTIC TANK PERMITS 01.1 J1 FINES & FORFEITS 561 0 COURT FINES 562 0 COURT BONDS. FORFEIT 563.01 0 TOWING FINES. IMPOUND 563.02 0 TOWING FINES. NOT IMPOUND 564 0 TRAFFIC FINES 566 0 FALSE ALARM FINES 568 0 DOG IMPOUND FINES 569 0 OTHER FINES & FORFEITS 01.111 OTHER MISC. REVENUES 579 0 MAPS, CODES, ZONING REGS. 589 0 OTHERS (DESCRIBE) 01.988.632.03 0 XEROXING (DESCRIBE) U .)Q~i ~6fPn 0'6THER . ACCT. NO.CC2.\({.J VP..?.,\ () 9.~ COXD L.ot Lt~ ~ I \V~ 1- DESCRIPTION, (NAME, NUMBER, ETC.), .. , RECEIVED FROM ,.- FEE SCHEDULE (Subdivision, Exemption from Subdivision. Rezoning, Park Dedication) Name of Project: Harvey Subdivision Exemption Address: \'Jest Aspen Subdivision, Lot 43, Filing 1 Applicant's Name: Larry Rose and Scott Hovey and Phone: perry 11arvey Applicant's Address: Interwest 925...2772 \ FOR ZONES WHICH ARE R-15, R-30, R-40, RR and CONSERVATION'the Subdivision Fee Formula is as follows: Conceptual $100 + $5.00/dwelling unit + Preliminary $22.00/dwelling unit Final $3.00/dwelling unit FOR ALL OTHER ZONES the Subdivision Fee Formula is as follows: Conceptual $100 + $60.00/acre of land Preliminary $280.00/acre of land Final $35.00/acre of land ,~ EXEMPTION FROM THE DEFINITION OF SUBDIVISION FEE: $50.00 REZONING APPLICATION FEE: $125.00 (once a year) ..---- c~ I-3D' /6 PARK DEDICATION FEE SCHEDULE nrconn or P:~JC[[:JiNl~S 1(,: L~' .''"'5 -----.-----'""-~,~_==~_-~_=_'=,~=_.. .~_="'"".:o=~__..=.=_=_._==__~__="_.=_=__=__~~ ~-",==,....._ curn."nt markL't .....lIuC! of a percentage of the land propo~cd .J.5 the development site. the perccntilgc of the land being tlctcrmincd at the rate of t",o and op.c-h~lf (2'~1 acre::; for every one thousnnd (l,aOO) residents of the propo::;cd development" (that is, tIle m:mbcr of residents multiplied by t~c~ty-fivc ten thousandths (.0025) of an acre per rcsiccnt). The number of residents attributable to the development shall be calculated in the following manner: lfypc of Dwellinq Number of Residents Per Dwcllinq Un~t. Multi-Family studio one bedroom two bedrcom three bedroom and 1.3 for each additional / 1.0 1.3 2.7 4.0 bedroom Single Family or Duplex one bcdroor:!. two b€'crc:::7\ thn.'c bcc.:::oC:7\ dnd 1.3 for e~ch additional 1.3 2.7 4.0 bedroom A duplex struc+':\l::.-e shall constitute t....o d.....clling unit~ for t~0 p~~?OfeS of thiS subsec~ion. (3) 'An cX.d~plc of the a?plic.:!tion of the abc\.'~ forrnul.::l ,:n .:l.S follows, .:ls$umi'~g the construct.:on of Olle' sinolc L,::Ji!v rt:'sic:!cnC'c containinq t\o:o bcdroo~,:~ o~ <.1 lot contai:1inq lS,OUO ~;c:u.Jrc fl'ct with i' t:larket value of $&5,000.00 (01.' '$4.33 p.:r "qu<lre foo+,;); 2.7 (2 bNIroom '" 2.7 re<.idcnt'i)' x 0.0025 aC'.res X 43,~60 (:;quare feet per '-1erel x $4.33 (I:\.\r- kt'l V<Il~I~' 01 J.,mn [ll~r sgu,1rt' f(lotl = $1,2",'3.15 (h) Unir.1t':"ow'd IJlld ~,hall bt~ <lPI'I"Ii,:a~,l ilt the curt-Pill r~.;l'~,l't. \"llu.' (If lln,' :;jt.' irll:lll.lil1CJits \'.\luc attrihut,11'!l' to cur~. qutt_t..'l-~. :;It.'pl. 5i(i.'w,\Jk Elnd lllill:i,H .I!- ill:;t;111l'o1 l.ln th.' d,ltl' 0: ;','l:lllt j:';<:\I,llh.'<', l.:"'l(":f'd 1..<1,1,; ~;h,)11 j,,) "I'I'LI1,,,'d ilC("~'t"i.linr' to t,hl,ir hiqill :,t .Ind l,,':..;l u~;,' t,d..IIl'1 .lI1l0 COll:d.kl"d- tion ('Xi~'.tjll'1 :O:l'llcLUl"I"; '.dll'UW1' "t" not. th,'y '-Il_' conformin'J. .'l.lrk.'t. v,due nl.l'{ 1", l,ul,~~t,lntidtl'd by iii docunlt..'nted pun.:h.Jl;t.' prjcc (if ~ln ilt:-m's lelllJlh tr,:ul!;.l(,tiollIHlt 1,1<1\" UhJllt\o,'oYC,ll-~ (JIll) Ot by <lilY other rt:("o<Jni:~('d 1.:1('.1n:;; ~lrovidL'd lh.Jt <l~;!icfiscd CITY OF A~PEN . MEMO FROM KAREN SMITH January 20, 1978 Tom: Please find attached the subdivision exemption request from Scott Hovey, Larry Rose, and Stephen McDonald. We are tentatively scheduling this request before the City Planning and Zoning Commission on February 7, 1978. May we have any comments from you before February 1, 1978. Thank you. Karen B. Smith lmk enc. ~'-"."-'~~--'.., MEMORANDUM To: Planning Office Date: January 17, 1978 From: Scott Hovey, Larry Rose and Stephen McDonald Re: Ordinance 53 (Series of 1977) as applicable to request for exemption from subdivision for Lot 43 Filing 1 West Aspen Subdivision In compliance with the requirements of City Ordinance No. 53 (Series of 1977) we submit the following evidence. This application is being made by the ownernof the property who desire to separately own their respective halves. Thus, Provision A of Sec. 20-22 is not pertinent to this application. We will, in our subdivision agreement, impose a six month minimum lease with no more than two (2) shorter tenancies per year. Section 20-22(c) is a difficult provision to comply with. Approval of the exemption will allow the property to be owned by two local businessmen. Scott Hovey and Stephen McDonald are owners of Intermountain Enterprises, while Larry Rose works at Valley Carpets and owns a local computer service for local businesses. The location of the property, on the corner of Sierra Vista Drive and Cemetary Lane, places it in an area traditionally providing long term rental and resident ownership housing. While it is impossible to accurately predict the future patterns of Aspen's real estate, it is fair to project that this area of Aspen, while experiencing price increases, will have little or no displacement of moderate income local residents. In summation, this application meets all the requirements of Ordinance No. 53. Those provisions protecting the rights of tenants are not applicable in this case where the current co- owners wish to own the two halves separately. The physical location and, again, the fact that the new owners are the present owners, reasonably insures the retention of the property by local employers and/or employees. Respectfully submitted, <( Scott Hovey - ( j'" IT) '7.A:: j,::t.-. \'_ I,.-r,,,,/ -- f " ,r"'" L~ry Rose Dj/~ S MCD~_nj\ i ~~~l '-..-,..... ., c-.~ - {. November 8, 1977 TO: The Aspen City Council RE: Exemption from the definition of Subdivision for the existing improvements on Lot 43, Filing 1, West Aspen Subdivision Gentlemen, We are at this time making a request for exemption from Subdivision for the duplex home on Lot 43, Filing 1, West Aspen Subdivision in order to condominiumize the two halves. We would appreciate your consideration of this matter at your next regular meeting. Sinqerely yo~, 5AJ~//~- Larry Rose ~ Scott HOVey' V PH/jp Enc. STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION WHEREAS, the provisions of Section 20-19(b) of the Aspen Municipal Code provide that, following receipt of a recommenda- tion from the Planning Commission, the City Council may exempt a particular division of land from the definition of a sub- division set forth in Section 20-3(s) of the Code, when, in the judgment of the City Council, such division of land is not within the intent and purpose of subdivision regulation, and WHEREAS, pursuant to said Section 20-19(b), LARRY ROSE and SCOTT HOVEY have requested such an exemption for the condomin- iumization of the existing improvements on Lot 43, Filing 1, West Aspen Subdivision City of Aspen Pitkin County, Colorado, and WHEREAS, the Aspen Planning and Zoning Commission, at its meeting held recommended approval of such request, and WHEREAS, the City Council has determined that the proposed condominiumization is not within the intents and purposes of sub- division regulation, THEREFORE, the Aspen City Council, pursuant to the author- ity granted in Section 20-19(b) of the Aspen Municipal Code, does hereby determine and declare that the condominiumization of the existing improvements on Lot 43, Filing 1, West Aspen Subdivision, Pitkin County, Colorado, is without the intents and purposes of Chapter 20 of the Aspen Municipal Code and does hereby waive the enforecment of the City subdivision regulations with respect thereto. Done this by the Aspen City Council at its regular meeting held on said date. ATTEST: STACY STANDLEY, III, MAYOR , CITY CLERK ~, , STATE OF COLORADO) )ss.: COUNTY OF PITKIN ) The foregoing instrument was duly acknowledged before me this day of , by STACY STANDLEY, III and , personally known to me to be the Mayor and City Clerk of the City of Aspen, Colorado. Witness my hand and official seal. Notary Public My commission expires: