HomeMy WebLinkAboutcoa.lu.ex.Hopkins, Lot 32, Filing 2 W. Aspen Subd
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ASPEN/PITKIi, PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
LAND USE APPLICATION FEES
County
00100 - 63711 09009 - 00000
63712
63713
63714
63715
63716
63717
City
00100 - 63721 09009 - 00000
63722
63723
63724
63725
63726
PLANNING OFFICE SALES
00100 - 63061 09009 - 00000
63062
63063
Name:
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Add ress: ;J DP, If' K '/ t I ~/
Check No.
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Date:
Receipt No. P
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Subdivision/PUD
Special Review
P&Z Review Only
Detailed Review
Final Plat
Special Approval
Specially Assigned
Conceptual Application
Preliminary Application
Final Application
Exemption
Rezoning
Conditional Use
County land Use Sales
GMP Sales
Almanac Sales
Copy Fees
Other
Project:
Phone:
-
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Recorded at 3:47PM Novemr - 25, 1980 Loretta Banner RecordPr
Reception NO,
229064
~~~~
4
STATEMENT OF EXEMPTION
FROM THE DEFINITION OF
SUBDIVISION
J
WHEREAS, CHARLES F. HOPKINS and PAMALYN B. HOPKINS are the
owners of a parcel of land located in pitkin County, Colorado,
more particularly described as:
Lot 32, Filing 1, West Aspen Subdivision,
also known and numbered as 1465 and 1467
Sierra vista Drive, City of Aspen
WHEREAS, the foregoing described real property contains
a residential duplex; and
WHEREAS, the applicants have 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
meeting held on July 29, 1980, determined than an exemption
from the definition of subdivision is appropriate and recommended
that the same be granted; and,
WHEREAS, the City Council determined at its regular
meeting held August 11, 1980, that the subdivision of the
existing duplex through condominiumization is not within the
intents and purpose of the subdivision ordinance and does, for
such reason, grant an exemption from the definition of such
action;
PROVIDED, HOWEVER, that the foregoing exemption is con-
ditioned upon compliance with the six (6) month minimum lease
provisions of Sec. 20-22(b) of the Municipal Code and the
notice and option provisions of Sec. 20-22(a) of the Municipal
Code.
PROVIDED, FURTHER, that the foregoing exemption is
conditioned upon applicants' agreeing to join in any improvement
district for the construction of curbs, gutters and sidewalks
in the event such an improvement district is formed; and
.
300! 400 It,[f 430
PROVIDED, FURTHER, that the foregoing exemption is
conditioned upon applicants recording a condominium plat
that meets the engineering departments approval prior to
sale of any unit.
Dated this ,G( ~ay
of
~yA/,
~~
If man ~, Mayor
1980.
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:VI" t,
I, Kathryn S. Koch, do hereby certify that the foregoing
, State~ent of Exemption from the Definition of Subdivision
. c!!I~ p.ohsidered and approved by the Aspen City Council at its
" '?egularmeeting held August 11, 1980, at which time the
Mayor, ~erman Edel, was authorized to execute the same on
bt!l;J.a.:!-.f,'of the City of Aspen.
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Kathryn S. och
d~
STATE OF COLORADO
)
) ss.
)
COUNTY OF PITKIN
/ The for~g~ng instrument was acknowledged before me this
.fb.;; day of 1 f!!!J,.UYnb.t1) 1980, by Herman Edel as Mayor of the
City of Aspen and Kathryn S. Koch as the Clerk of the City of
J\s,pen.
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"witness my hand and official seal.
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,;.'~liiY cpmmission expires on:
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Recorded a~48PM November 25, 1980 Lorett~~nner Recorder
Reception NO. 22"~D6S
~ 400 t:,~E431
COVENANTS
CHARLES F. HOPKINS and PAMALYN B. HOPKINS (Covenantors),
for themselves, their heirs, executors, administrators and
assigns, hereby covenant with the City of Aspen, Pitkin County,
Colorado that:
1. They are the owners of the following described
property together with the improvements thereon:
Lot 32, Filing 1, West Aspen Subdivision,
also known and numbered as 1465 and 1467,
Sierra Vista Drive.
2. The above-described property shall be restricted to
six (6) month minimum leases with no more than two (2) shorter
tenancies in any calender year.
3. The owners of the above-described property shall join
in any improvement district for the construction of curbs,
gutters and sidewalks abutting said property in the event such
an improvement district is formed.
4. The above-named Covenantors shall comply with the
notice and option provisions of Sec. 20-22(a) of the Municipal
Code upon the initial condominiumization of the above-described
property. This covenant shall be of no effect upon subsequent
owners of the above-described property.
5. The Covenantors shall record a condominium plat with
the pitkin County Clerk and Recorder that has been approved by
the engineering department prior to the sale of any unit.
6. The covenants contained herein may be changed,
modified or amended by the recording of a written instrument
signed with the record owners of the property and the Mayor of
the City of Aspen, pursuant to a vote taken by the City Council.
7. The covenants contained herein are to run with the
land and shall be binding on all parties and all persons
claiming under them for a period of fifty (50) years from the
date these covenants are recorded, after which time, the
,""
.
'9001\400 ,ti[[432
covenant contained in paragraph two (2) shall be automatically
extended for successive periods of ten (10) years, unless an
instrument signed by the record owners of the property and the
Mayor of the City of Aspen pursuant to a vote taken by the
City Council has been recorded which changes said covenant, in
whole or in part, or which releases the same, and the covenants
contained in paragraph three (3) shall be released.
IN WITNESS WHEREOF, this Declaration has been duly
executed this 6'~day of ~jnHJ 1980.
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2h~~1~\~: ~~lns
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!/z,l-'Nt:1d-it )'_"-"~~K-V
Pamalyn B. Hopki s
STATE OF UTAH )
COUNTY oJ,/t-#-l
ss.
The foregoing in
~ day of
Pamalyn B. Ho kins.
trument was acknowledged
, 1980 by Charles F.
before me this
,,; ~ H I J,,,
Hopkins and ,.", "
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Witness my hand and official seal. " ,~,:;:,'?/.
My commission expires on: ?1/ c:J I, /flYyf ,;\.~ . /:..~)
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MEMORANDUM
FROM:
RE:
DATE:
Dan McArthur, City Enginee;
Ron_StQck, City Attorney~
J~ ~"'I \lM~ Oit.
Sunny Vann, Planning Office
Hopkins Subdivision Exemption
TO:
June 3, 1980
The attached is an application for subdivision exemption submitted by
C.F. and Pamelyn Hopkins for their duplex located at 1465 and 1467 Sierra
Vista Drive. This item is scheduled to come before the Aspen Planning and
Zoning Commission (tentatively) on July 8, 1980; therefore, may I please
have your written comments concerning this application no later than June 18,
1980? Thank you.
~
HOLLAND & HART
ATTORNEYS AT LAW
AREA coDe 303
sss seVENTEENTH STREET
SUITE 2900
DENVER. COLORADO
MAILING ADDRESS
P.O. BOX 8749
DENVER. COLORADO BOZOI
CABLE ADDRESS
HOLHART,DENVER
TELseOPIER (3031 575.8261
TELEPHONE 1:575-8000
CHARLES T. BRANDT
(3031 925-3476
PLEASE REPLY TO-
434 E. COOPER STREET, ASPEN. COLORADO 8\611
TELEPHONE 925-3476 AREA CODE 303
May 27, 1980
HAND DELIVERY
City/County Planning Office
130 S. Galena
Aspen, Colo. 81611
Re: Application of C. F. & pamalyn Hopkins
for Exemption from Aspen Subdivision
Regulations - Duplex Condominiumization
Gentlemen:
Enclosed please find the above-referenced Application
to Condominiumize an existing duplex. One unit is rented
long-term (1 year) at $900 per month, the other unit is
used by the applicants. Our check in the amount of $50.00
in payment of the required Exemption Fee and 3 copies of a
plat of this property are also enclosed. Please set this
matter for consideration by the Aspen Planning and Zoning
Commission at the earliest convenient date.
Please let me know if you have any questions or
whether additional information is required.
Ct:1f,O=~
Charles T. Brandt
for Holland & Hart
CTB/fh
Enclosure
cc: C.F. Hopkins
I
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APPLICATION FOR EXEMPTION FROM DEFINITION OF A SUBDIVISION
Pursuant to Section 20-19 of the Code of Ordinances,
City of Aspen, Colorado, the applicants, through their
attorney, Charles T. Brandt, hereby submits to the Aspen
Planning Commission this written application for exemption
from the definition of a subdivision under Aspen Colorado
Subdivision Regulation.
The applicants are the owners of the following described
real estate located in the City of Aspen, County of Pitkin,
State of Colorado, to-wit:
Lot 32, filing 2, West Aspen Subdivision,
also known and numbered as 1465 and 1467
Sierra Vista Drive.
There exists on the subject real estate a residential duplex.
The building is divided into two separate living quarters.
The applicants desire to convert both such quarters into
condominiums, and further desire to be exempted from the definition
of a subdivision of the ordinance of the Aspen Code for the
following reasons:
1. There are special circumstances or conditions affecting the
subject property such that the strict applications of the
provisions of the subdivision regulation would deprive the
applicants of the reasonable use of their land. It is the
established practice of the Aspen Planning Commission to
exempt condominium conversions from the subdivision regulations
because of the special circumstances surrounding such
condominium conversions.
2. The exemption is necessary for the preservation and
enjoyment of a substantial property right of the applicants.
Application of the subdivision regulations would hinder the
applicants in conveying either of the subject condiminium units,
and so impair their enjoyment of their property.
3. The granting of the exemption will not be detrimental to
the public welfare or injurious to other property in the
area in which the subject property is located. No new
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construction, or additional population growth would be
effected by the subject condominium conversion. In other
words, the subdivision of the existing duplex structure will
not result in an increase in density.
4. The division of land contemplated in this application is
not within the intent and purpose of the subdivision regulation.
That purpose is "to assist the orderly, efficient and integrated
development of the City of Aspen; to insure the proper distribution
of population and coordinate the need for public services with
governmental improvement programs; to encourage well-planned
subdivision by setting standards for subdivision design in
improvements; to improve land records and survey monuments by
establishing standards for surveys, plans and plats; to safeguard
the interests of the public and the subdivider and provide
consumer protection for the purchaser; to acquire desirable
public areas; and to otherwise promote the health, safety and
general welfare of the residents of and visitors to the City
of Aspen." Subdivision of this existing duplex does not
compromise those purposes.
5. Because the monthly rental for the only unit in the subject
duplex which is now rented is approximately $900, the proposed
condominium conversion will not reduce the supply of low and
moderate income housing. In addition, if and when the rental
unit is offered for sale, the applicants will comply with all
procedural requirements of Section 20-22 Condominiumization.
The second unit is utilized solely by the applicants.
~ 4t~~ i1.--,?-
arles T. Brandt, Attorney for
Charles F. Hopkins and Pamalyn B. Hopkins
- 2 -
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No. 17~80
CASE LOAD SUMMARY SHEET
Ci '_, ' C Aspen
1, DATE SUBMITTED: 6/29/80
STAFF: Sunny Vann
2. APPLICANT: C.F. and Pamalyn Hopkins
3. REPRESENTATIVE: Chuck Brandt, Holland and Hart
925-3476
434 E. Cooper, Aspen
4. PROJECT NAME: Hopkins Subdivision Exemption
5, LOCATION: 1465 & 1467 Sierra Vista Dr., Lot 32. Filing 2. West Aspen
Subdivision
6. TYPE OF APPLICATION:
__Special Review
_~_GI-o\Vth r'lanagement
HPC
-------
x Subdivision
j. Excepti on
Exemption
__70:30
Residential Bonus
__Stream Margin
8040 Greenline
Vievl Plane
Conditional Use
Other
Rezoning
P.U,D.
-----
7, REFERRALS:
...lL_A t torney
-x_Engineering Dept.
--"x,_Housing
Wa ter
___City Electric
Sanitation District
--
Fire Marshal
Parks
---
Holy Cross Electric
Mountain Bell
School District
_____Rocky Mtn. Nat. Gas
Sta te Hi ghvJay Oept.
Other
8. REVIEW REQUIREMENTS:~ r,
'--..(---
--_.__.~----_._._---
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9, DISPOSITION:
P & z
\,/
Approved I Denied__
Subdivision Exception approved with
Da te 1/ J- 7 /80
,
conditions:
1) Six month minimum lease restrictions (20-22)
2)
3)
Notice and option provision to current tenants (20-22)
Owner/applicant required to join any
curb and gutter lmprovem~a1strlct
when formed.
sidewalk,
It ana
4) 1,900 sq. ft. unit (3-bedroom) price restricted
for f1ve years (20-~~)
Counci 1 V
Approved V
Denied Date IB(r{oo
(No price-restricted unit--no 18 month history)
Approved with conditions:
(1) Six-month minimum lease restrictions (20-22)
(2) Notice and option provision to current tenants (20-22)
(3) The owner/applicant shall be required to join any
sidewalk, curb and gutter improvement district if
and when one is formed.
(4) The applicant/owner shall record a condominiumization
plat which meets the approval of City Engineering
Department prior to sale of units.
10, ROUTING:
X Attorney
Building
>< Engineering
Other
TO: Aspen City Council
l""'""
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,-,
MEMORANDUM
FROM: Jolene Vrchota, Planning Office
RE: Hopkins Subdivision Exception
DATE: August 5, 1980
Location:
Zoning:
Rental History:
Engineering
Comments: ~"
Attorney's Comments:
Housing Director's
Comments:
Planning Office
Recommendation:
P & Z Recommendation:
Lot 32, Filing 2, West Aspen Subdivision (1465 and 1467
Sierra Vista Drive)
R-15
The duplex was completed in Harch, 1980. ,"One
unit has been owner-occupied. The other is rented long-
term (one year) at $900 per month for a 3-bedroom, 1,900
sq,ft. unit. Calculating the rental rate per square foot
based on the maximum square footage allowed for a 3~bedroom
units under the City's guidelines (1,400 sq,ft.), the $.64
per sq,ft. falls within the middle income category for new
l.,constr~ction.:1IIft~r doin~ a ~urvey ~lat for the. subd~vision
exteptlOn ana maklng a slte lnspectlOn, the Englneenng
Dept, recommends approval for the subdivision exception
subject to the owner/applicant being required to join any
sidewalk, curb and gutter improvement district if and when
one is formed, (Engineering Dept. memo dated June 17, 1980,)
Should this appliction be approved, the attorney recommends
that the following conditions be met by the applicant,
according to the requirements of Section 20-22 of the
Municipal Code of the City of Aspen:
1) Notice and option provisions to current tenants.
2) Each unit restricted to six-month minimum leases
with no more than two shorter tenancies/calendar year.
Without the bedroom count of the rental unit, no deter-
mination of impact on low/moderate/middle income housing
supply can be made. (NOTE: Bedroom count was supplied
subsequent to this comment.)
The Planning Office recommends approval subject to the
two conditions included in the Attorney's Comments and
the one condition included in the Engineering Dept.'s
comments above. A determination still must be made con-
cerning the rental unit's contribution to the employee
housing stock.
The Planning and Zoning Commission, at its meeting on
July 29, 1980, recommended approval of subdivision
exception, waiving conceptual approval by City Council
and preliminary plat approval by P & Z, with the fol-
lowing conditions:
1) Notice and option provision to current tenants
according to Section 20-22 of the Aspen Code
2) Six-month minimum leases with no more than two
shorter tenancies per calendar year on each unit,
according to Section 20-22 of the Aspen Code.
3) The owner/applicant shall be required to join any
sidewalk, curb and gutter improvement district if
and when one is formed.
4) The 1,900 square foot unit which has been rented
over the past 18 months shall be price restricted
for a period of five years pursuant to Section 20-22
of the Aspen Code.
C,.L all'l"iJ"lXd 8/;#d
(wo ~~ /1fsfv/d,k.}' ,/o&'I,,"f- ~
18~{yth ~ h-t's~J)
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APPLICATION FOR EXEMPTION FROM DEFINITION OF A SUBDIVISION
Pursuant to Section 20-19 of the Code of Ordinances,
City of Aspen, Colorado, the applicants, through their
attorney, Charles T. Brandt, hereby submitg to the Aspen
Planning Commission this written application for exemption
from the definition of a subdivision under Aspen Colorado
Subdivision Regulation.
The applicants are the owners of the following described
real estate located in the City of Aspen, County of Pitkin,
State of Colorado, to-wit:
Lot 32, filing 2, West Aspen Subdivision,
also known and numbered as 1465 and 1467
Sierra vista Drive.
There exists on the subject real estate a residential duplex.
The building is divided into two separate living quarters.
The applicants desire to convert both such quarters into
condominiums, and further desire to be exempted from the definition
of a subdivision of the ordinance of the Aspen Code for the
following reasons:
1. There are special circumstances or conditions affecting the
subject property such that the strict applications of the
provisions of the subdivision regulation would deprive the
applicants of the reasonable use of their land. It is the
established practice of the Aspen Planning Commission to
exempt condominium conversions from the subdivision regulations
because of the special circumstances surrounding such
condominium conversions.
2. The exemption is necessary for the preservation and
enjoyment of a substantial property right of the applicants.
Application of the subdivision regulations would hinder the
applicants in conveying either of the subject condiminium units,
and so impair their enjoyment of their property.
3. The granting of the exemption will not be detrimental to
the public welfare or injurious to other property in the
area in which the subject property is located. No new
,__.._<___,,.,._..._._______.__.'...."'H..._>
-",-....
...
construction, or additional population growth would be
effected by the subject condominium conversion. In other
words, the subdivision of the existing duplex structure will
not result in an increase in density.
4. The division of land contemplated in this application is
not within the intent and purpose of the subdivision regulation.
That purpose is "to assist the orderly, efficient and integrated
development of the City of Aspen; to insure the proper distribution
of population and coordinate the need for public services with
governmental improvement programs; to encourage well-planned
subdivision by setting standards for subdivision design in
improvements; to improve land records and survey monuments by
establishing standards for surveys, plans and plats; to safeguard
the interests of the public and the subdivider and provide
consumer protection for the purchaser; to acquire desirable
public areas; and to otherwise promote the health, safety and
general welfare of the residents of and visitors to the City
of Aspen." Subdivision of this existing duplex does not
compromise those purposes.
5. Because the monthly rental for the only unit in the subject
duplex which is now rented is approximately $900, the proposed
condominium conversion will not reduce the supply of low and
moderate income housing. In addition, if and when the rental
unit is offered for sale, the applicants will comply with all
procedural requirements of Section 20-22 Condominiumization.
The second unit is utilized solely by the applicants.
:J
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arles T. Brandt, Attorney for
Charles F. Hopkins and Pamalyn B. Hopkins
- 2 -
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~1Ef.10RANDUM
TO: Aspen Planning and Zoning Commission
FROM: Jolene Vrchota, Planning Office-
RE: Hopkins Subdivision Exception
DATE: July 14, 1980
Location:
Lot 32, Filing 2, West Aspen Subdivision (1465 and 1467 Sierra
Vista Drive)
Zoning:
R-15
The duplex was completed in March, 1980. One unit has been
owner-occupied. The other is rented long-term (one year)
at $900 per month for 1,900 square feet. (No bedroom count
_,given,) _ .,.,". ,.. 'c<, /..-,/,v ,- "," (1.[-,,: .e')
Rental History:
Engineering
Comments:
After doing the survey plat for the subdivision exemption
and making a site inspection, the Engineering Department
recommends approval for the subdivision exception subject
to the owner/applicant being required to join any sidewalk,
curb and gutter improvement district if and when one is
is formed, (Engineering Department memo dated June 17, 1980.)
~~-_/
Attorney's
Comments:
Should this application be approved, the attorney recommends
that the following conditions be met by the applicant,
according to the requirements of Section 20-22 of the Municipal
Code of the City of Aspen:
1) Not~ce and option provisions to current tenants.
2) Each unit restF~cted to six-month minimum leases with
no more than two shorter tenancies per calendar year.
Housing Director's
Comments:
Without the bedroom count of the rental unit, no determination
of impact on low/moderate/mi ddle income housing supply can be made.
The Planning Office recommends approval subject to the two
conditions included in the Attorney's comments and the one
condition included in the Engineering Department's comments
above. A determination still must be made concerning the
rental unit's contribution to the employee housing stock.
Further information will be presented to P & Z,
Planning Off ce
Recommendat on:
NOTE:
This application will be processed as a subdivision exception
(see covering memo). The P & Z is therefore requested to
approve an exception from the full subdivision process such
that requirements for conceptual approval by City Council and
preliminary plat approval by P & Z are waived, Further, the
P & Z is asked to require that the applicant submit a condo-
miniumization plat, to meet Engineering Department require-
ments, for approval by City Council.
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TO:
Sunny Vann
Jim Reents ~
FROM:
DATE:
July 16, 1980
SUBJECT:
Hopkins Subdivision Exemption
With regard to this condominiumization application, without the
square footage of the unit as well as the bedroom count, no
determination can be made as to whether there is an impact to the
low, moderate, or middle housing supply.
JR:ds
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...."
MEMORANDUM
TO:
Sunny Vann, Planning Office
Department ~
FROM:
Fritz Bruggemeier, Engineering
RE: Hopkins Subdivision Exemption
DATE: June 17, 1980
After reviewing the survey plat for the above subdivision exemption
and making a site inspection, the Engineering Department recommends
approval for the above subdivision exemption subject to the owner/
applicant being required to join a sidewalk and curb and gutter
improvement district if and when one is formed.
,
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PEN
MEMORANDUM
DATE; June 5, 1980
TO. Sunny Vann
FROM: Ron Stock
RE; Hopkins Subdivision Exemption
If the above entitled subdivision exemption is granted, the
approval should be conditioned upon the applicant meeting the
following requirements of Section 20-22 of the Municipal Code of
the City of Aspen;
[xl Notice and option provisions to current
tenants
[xl Each unit restricted to six-month m~n~mum
leases with no more than two shorter tenan-
cies in a calendar year.
RWS:mc
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MEMORANDUM
FROM:
RE:
DATE:
Dan McArthur, City Engineer
Ron Stock.\ C,ity Attorney
JlilI 1l.uNos1.....\~ l)iru.tw-
Sunny Vann, Pfanning Office
Hopkins Subdivision Exemption
TO:
June 3, 1980
The attached is an application for subdivision exemption submitted by
C.F. and Pamelyn Hopkins for their duplex located at 1465 and 1467 Sierra
Vista Drive. This item is scheduled to come before the Aspen Planning and
Zoning Commission (tentatively) on July 8, 1980; therefore, may I please
have your written comments concerning this application no later than June 18,
1980? Thank you.
o
o
HOLLAND & HART
ATTORNEYS AT LAW
AREA CODE 303
555 SEVENTEENTH STREET
SUITE 2900
DENVER. COLORADO
MAILING ADDRESS
PO, BOX 8749
DENVER. COLORADO 80201
CABLE ADORESS
TELEPHONE 575-8000
HOLHART. DENVER
TELECOPIER (303) 575-8261
CHARLES T. BRANDT
(303) 925-3476
PLEASE REPLY TO'
434 E. COOPER STREET, ASPEN. COLORADO 81611
TELEPHONE 9.25-3476 AREA CODE 303
May 27, 1980
HAND DELIVERY
City/County Planning Office
130 S. Galena
Aspen, Colo. 81611
Re: Application of C. F. & Pamalyn Hopkins
for Exemption from Aspen Subdivision
Regulations - Duplex Condominiumization
Gentlemen:
Enclosed please find the above-referenced Application
to Condominiumize an existing duplex. One unit is rented
long-term (1 year) at $900 per month, the other unit is
used by the applicants. Our check in the amount of $50.00
in payment of the required Exemption Fee and 3 copies of a
plat of this property are also enclosed. Please set this
matter for consideration by the Aspen Planning and Zoning
Commission at the earliest convenient date.
Please let me know if you have any questions or
whether additional information is required.
;:7/ truly yours If
c)w,L 10 ~
Charles T. Brandt
for Holland & Hart
CTB/fh
Enclosure
cc: C.F. Hopkins