Loading...
HomeMy WebLinkAboutcoa.lu.ex.Hopkins, Lot 32, Filing 2 W. Aspen Subd (, 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: ~I..h, / '+ l;ff AT .j Add ress: ;J DP, If' K '/ t I ~/ Check No. 1/ .2, .) Date: Receipt No. P l/~'41~-"-.? - ~W "\ r;")-,xoo I.)~ /.. - ::1:: lfJ 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: - "<::"0.00 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. <~, '" :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. \,'; ,-' ~) 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. " - \ \~. c " "witness my hand and official seal. < ,< . . ' " ,;.'~liiY cpmmission expires on: /',' '," \..-. LJ,-' ~ \-1/5(iP /Fd I , - .~, '~:. ,~ '. ' '" Cp C:"', y J/17~{l Notar( ublic ~.J - 2 - 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. Ij / I) /;/ 2h~~1~\~: ~~lns } ) "/' / !/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 ,.", " 'r.\.V,~/i , .... ., ~ ......'0 Witness my hand and official seal. " ,~,:;:,'?/. My commission expires on: ?1/ c:J I, /flYyf ,;\.~ . /:..~) ~ubf:c~";""" '\ ',' :' - 2 - ",r'., 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 ." .., / 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 1/ I ~ "..~" 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 - " ,..''', /'.'-... "'. ./ 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, '--..(--- --_.__.~----_._._--- " ......., ...... "'''''"" ".,,~ 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""'"" -"" ,-, 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) """ ',...... 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 i ~1/L / arles T. Brandt, Attorney for Charles F. Hopkins and Pamalyn B. Hopkins - 2 - ,.., - /'-"'. >",..-' ~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. - .-: / 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 - - ,....., ...." 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. , "., "" "<011,..... 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 1'" ...... " 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