HomeMy WebLinkAboutcoa.lu.ex.Horan Lot 6, West Aspen Subdv
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ASPEN/PITKIN 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
Stepben P. ~oran
Name: .
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Address:
Subdivision/PUD
Special Review
P&Z Review Only
Detailed Review
Final Plat
Special Approval
Specially Assigned
Conceptual Application
Preliminary Apptication
Final Appfication
Exemption
Rezoning
Conditional Use
County land Use Sales
GMP Sales
Almanac Sales
Copy Fe..
Other
Project:
~5C'- 00
sV
Phone:
q?~_?'W;
Check No.
· 1730
l' In
Date:
. '/ 9/79
Receipt No. P
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PEN
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MEMORANDUM
DATE: November 21, 1979
TO: Richard Grice
FROM: Ron
,
,
Stock .l:
Subdivision
Exemption
RE: Horan
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 mInImum
leases with no more than two shorter tenan-
cies in a calendar year.
Considering the rental history of the property, it is possible
that the Planning & Zoning Commission and City Council may deter-
mine that the property, or a portion thereof, is within the low
and moderate housing pool. The rental history of the property
should be presented to them for their consideration.
RWS:mc
.
'10:
Richard Grice
Jim Reents, Housing Director ~~
December 12, 1979
FRCM:
DATE:
SUBJECT :
Horan subdivision
Because of the extenuating circumstance of the Horans I (brothers) renting
both units since canpletion of the structural conversicn to a duplex,
the Housing Office has no objection to the condominiunization application.
Above and beyond that, the current rental rate is atove the adopted
guidelines.
JR:ds
MEMORANDUM
TO:
Ron Stockt City Attorney
Jim Reentst City Housing Director
Dan McArthur, City Engineer
Richard Grice, Planning Office
FROM:
RE:
DATE:
Horan Subdivision Exemption
November 13t 1979
Attached-please find application for exemption from subdivision for the
purpose of condominiumization of a duplex located on Lot 6, West Aspen Subdivision,
Filing No.1-A. This item is scheduled to come before the Aspen Planning and
Zoning Commission on Tuesday, December 18, 1979. Therefore, may I please have
your written comments no later than Monday, December lOt 1979. Thank you.
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MEMORANDUM
TO: Richard Grice, Planning Office
FROM: Jay Hammond, Engineering Office
DATE:
December 7, 1979
Lot ~i1ing
lA of the
RE:
Horan Subdivision Exemption,
West Aspen Subdivision
Having reviewed the survey plat for the above subdivision
exemption and having made a site inspection, the Engineering
Department recommends the following:
1) The owner/applicant shall revise and resubmit the improve-
ment survey plat to include the following:
A) Show a minimum 10 foot overhead utility easement
for overhead powerline across northeast section of
lot 6.
B) Show centerline and dimensions of Cemetary Lane
right-of-way.
C) Indicate all adjoining subdivision lot numbers.
D) Show number of individual spaces in parking area.
2) The owner/applicant shall agree to enter into a sidewalk,
curb, and gutter improvement district in the event one is
formed at which time the lot access shall be brought into
compliance with section 19-10l "Driveway and curb cut spec-
ifications" and so deed restrict in the statement of exemption.
3) The owner/applicant shall provide a lO foot wide overhead
utility easement across the Northwest section of lot 6
and so deed restrict in the statement exemption.
The Engineering Department recommends approval for the above
subdivision exemption subject to the owner/applicant correcting
the above conditions.
MEMORANDUM
TO: Aspen Planning and Zoning Commission
Aspen City Council
FROM: Richard Gricet Plannin9 Office
RE: Horan Subdivision Exemption
DATE: December 14, 1979
Zoning: R-15
Location: Lot 6, West Aspen Subdivision (805 Cemetery Lane)
Lot Size: Greater than 15,000 square feet
Rental History:
Engineering
Comments:
Attorney's
Comments:
Housing Director's
Comments:
Plannin9 Office
Recommendation:
P and Z
Recommendation:
The upper unit has historically been owner occupied. The
lower unit has from November 1,1978 until November 1,
1979 been rented to a relative at a special rental rate due
to family ties. That special rental rate has fallen within
the low, moderate and middle income housing price range.
The tenant, Noah Horan, plans to relocate as of November
1, 1979. The Planning Office does not believe either unit
has historically been part of the low, moderate or middle
income housing pool.
The Engineering Department recommends approval subject to
the revision and new submittal of an improvement survey,
agreement by the owner/applicant to enter into a ~ewalk,
curb and 9utter improvement district in the event one is
formed, and subject to the dedication of a 10 foot wide
overhead utility ~asement. The Engineering Department's
complete comments ~are found in a memorandum dated December
7, 1979, which is included in your packet for your review.
If this exemption is granted, approval should be conditioned
upon the notice and option provisions as well as the six
month minimum lease provision of Section 20-22 of the Code.
"Because of the extenuating circumstance of the Horans'
(brothers) renting both units since completion of the
structural conversion to a duplex, the Housing Office
has no objection to the condominiumization application.
Above and beyond that, the current rental rate is above
the adopted guidelines."
Approval subject to the revision and resubmittal of an
improvement surveYt agreement to enter into a sid~walk,
curb and 9utter improvement district, and the provision
of a 10 foot wide overhead utility easementt all in accordance
with the recommendation of the Engineering Department's
memorandum of December 7, 1979. Furthermore, approval
should be conditioned upon the notice and option provisions
as well as the six month minimum lease provision of Section
20-22 of the Code. '
Approval subject to the revision and resubmittal of an
improvement survey, agreement to enter into a sidewalk, curb
and gutter improvement district, and the provision of a 10
foot wide overhead utility easement, all in accordance with
the recommendation of the Engineering Department's memorandum
of December 7, 1979. Furthermore, approval should be conditioned
upon the notice and option provisions as well as the six month
minimum lease provision of Section 20-22 of the Code.
""
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APPLICATION FOR EXEMPTION FROM
SUBDIVISION REGULATIONS
STEPHEN P. HORAN and NANCY HORAN (" applicants") ,
pursuant to S 20-19(a), Subdivision Regulations for Aspen,
Colorado, apply for an exemption from the definition of
"subdivision," regarding their real property located at 805
Cemetary Lane, Aspen, Pitkin County, Colorado, and described
as follows:
Lot 6, WEST ASPEN SUBDIVISION, Filing No.1-A.
Applicants submit that such an exemption is appropriate
because:
(1) the residence onfrBproperty has been in existence
for approximately ten years, and has been used as a duplex since
only November 1, 1978 (prior to that time, it consisted of
only one dwelling space); (2) strict compliance with subdivision
regulations for this duplex on one lot would deprive
applicants of reasonable use of their property; (3) if an exemp-
tion is granted, the owners of the duplex will have a common
interest in the land, and there will be a condominium declaration
applicable to the property -- thus, no increase in land use
impact or density of use of tl1e ,property will occur; (4) granting
an exemption in this case will not undermine the interest and
purpose of the subdivision regulations, as the information
submitted in this application shows that granting the requested
exemption for applicants I existing duplex will not be detri-
mental to the public welfare or injurious to other property in
the Cemetary Lane area.
Applicants submit that approval of the requested
exemption will not reduce the supply of low and moderate income
housing because:
(1) there will be no tenant displacement as
a result of the exemption. Applicants have occupied the struc-
ture as their principal dwelling since they purchased it in
November, 1977. Conversion of the structure into an "up-and-
down" duplex was completed in mid-October, 1978. From
November 1, 1978 until November l, 1979, the downstairs unit
has been rented (on an oral agreement) to Stephen Horan's
younger brother, Noah Horan, and two of his friends, at a
constant rental of $600.00 per month, plus utilities. As the
attached letter from Noah Horan shows, he and his co-tenants
received a special rental rate due to his familial ties with
applicants. Noah and his co-tenants are moving on November 1,
1979, to other separate places of residence, on an agreed
basis.
(2) Neither unit in applicants I duplex has been within
the low and moderate income housing guidelines. Applicants
have occupied the upstairs unit for the last twenty-four
months. The downstairs unit (two-bedroom) has an area of
1,072.5 square feet; thus, its rental even at the deflated
rental rate allowed Noah Horan, has been a constant $.67 per
square foot. This exceeds the guidelines set forth in Resolution
18 (Series of 1978) by at least $ .09 per square foot.
Applicants submit that neither unit of their duplex
is affordable for tenancy by persons of low or moderate
income; rental rates for the downstairs unit would have been,in
the absence of familial ties to Noah Horan, in the $800.00
monthly range. However, if any persons are tenants in the duplex
at such time as applicants condominiumize it, applicants agree
to afford them the purchase rights provided in S 20-22(a),
Aspen Municipal Code. Further, applicants shall, if the
requested exemption is granted, comply with the minimum lease
term provisions described in S 20-22 (b) .
Accompanying this application is the $50.00 fee
required. Your consideration of this application at your next
Dated:
D~9~;ld
Edwards
Attor ey for Applicants
600 E. Hopkins, Suite 301
Aspen, CO 81611
(303) 925-9180
regular meeting,
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RECORDED AT 11:55 A M. 12 MARCH, 1980 LORE'fTA
BANNER, RECORDER
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RECEPTION:
STATEMENT OF EXEMPTION FROM THE DEFINITION
OF SUBDIVISION
WHEREAS, the applicants, STEPHEN P. HORAN and NANCY
HORAN, are the owners of the following described real property
situate in the County of Pitkin, State of colorado:
Lot 6, WEST ASPEN SUBDIVISION, Filing No. l-A;and,
WHEREAS there is presently constructed upon the pro-
perty above-described a duplex consisting of two (2) dwelling
units; and,
WHEREAS, the applicant has requested an exemption
from the definition of a subdivision for the purposes of sub-
dividing the existing duplex through condominiumization; and,
WHEREAS, the Aspen Planning and Zoning Commission at
its meeting held December 18, 1979, determined that an exemption
from the definition of a subdivision was appropriate in the
circumstances and recommended that the same be granted; and,
WHEREAS, the City Council of Aspen, Colorado at its
meeting held January 14, 1980, and upon the recommendation of
the Planning and Zoning Commission aforesaid, determined that
the application of STEPHEN P. HORAN and NANCY HORAN met the
requirements of subsection (c) of Section 20-22 of the Municipal
Code of the City of Aspen, and that, accordingly the subdivision
of the existing duplex through condominiumization is not within
the intent and purpose of Chapter 20 of the Municipal Code of
the City of Aspen;
NOW, THEREFORE, the City Council of Aspen, Colorado
does hereby determine that the proposed subdivision through
the condominiumization of the duplex situate upon Lot 6,
WEST ASPEN SUBDIVISION, Filing No.1-A, pitkin County, Colorado,
is not within the intent and purpose of Chapter 20 of the
Municipal Code of the City of Aspen and does, therefore, grant
an exemption from the definition of a subdivision for the
purposes aforesaid;
PROVIDED, HOWEVER, that the grant of the foregoing
exemption shall be subject to and conditioned upon compliance
SOOK3d4 r,,\C~tj57
with the provisions of subsections (a) and (b) of Section 20-22
of the Municipal Code of the City of Aspen.
DATED:
He!t.~
I, KATHRYN S. KOCH, do hereby certify that the
foregoing Statement of Exemption from the Definition of a
Subdivision was considered and approved by the Aspen City Council
at its regular meeting held January 14, 1980, at which time the
Mayor, Herman Edel, was authorized to execute the same on behalf
",0f the City of Aspen.
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RECORDED AT 11:56 A.M., 12 MARCH, 1980 LORETTA BANNER, RECORDER
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RECEPTION:
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AFFIDAVIT OF
STEPHEN P. HORAN and NANCY HORAN
STEPHEN P. HORAN and NANCY HORAN (" covenantors"), for
themselves, their heirs, executors, administrators, and assigns
hereby covenant with the City of Aspen, Pitkin County, Colorado
that:
1. STEPHEN P. HORAN and NANCY HORAN are the owners of
the following described property together with the improvements
thereon, situate in the County of pitkin, State of Colorado:
Lot 6, WEST ASPEN SUBDIVISION, Filing No.1-A.
2. The above-described property shall be restricted
to six (6) months mimimum leases with no more than two (2)
shorter tenancies in any calendar year.
3. At the time the property is offered for sale, in
whole or in part, any tenant or tenants shall be given notice
of such offer together with the offered price. Each tenant
shall have a ninety-day non-assignable option to purchase the
portion of the property he has under lease at the price stated
in the offer of sale.
4. At the time a bona fide offer to purchase is made
and accepted, the tenant or tenants shall have a ninety-day
exclusive non-assignable right of first refusal to purchase the
portion of the property which he has under lease. In the event
that such offer is made while the ninety-day option is still
in effect, the tenant may purchase the unit for the amount of
the bona fide offer or offered price, whichever is less.
5. In the event that any improvement or improvements
required by Section 20-16 of the Code of the City of Aspen be-
come, in the sole judgment or discretion of the City Council of
the City of Aspen, necessary or desirable, no objection will
be made to any special assessment or special tax or proceeding
therefor, on the basis that the property is adequately served
by existing improvements, nor on the basis that the premises
will not be served or benefited by the improvement or
.
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improvements proposed. Further, in such event, covenantors agre
to comply with Section 19-101 of the Municipal Code of the City
of Aspen.
6. 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 twenty (20) years from the
date these covenants are recorded, after which time, said
covenants shall be automatically extended for successive
periods of ten (10) years, unless an instrument signed by
the City of Aspen and the then record owners of the property
has been recorded, agreeing to change said covenants in whole
or in part or agreeing to release said covenants.
IN WITNESS WHEREOF, this Declaration has been duly
executed this ~day of
r::; d: _
, 1980.
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N~ci i(o~ /- I U .,
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STATE OF COLORADO
ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me
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this ~sti day of
, 1980, by STEPHEN P. HORAN
and NANCY HORAN.
WITNESS my hand and official seal.
My commission expires: i~'/i?'--;I 3
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