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HomeMy WebLinkAboutcoa.lu.ex.Jakobsson,Lot1-Blk1.West-Meadow.Subd.1977 Recorded at 10:45 a.m., July 29, 1977 Julie Hane, Recorder Reception Number: ~?- .~ . L v .1~~J~' (-,:' /, BOOK 332 PAtE 521 STA'IEMENT OF EXEMPTION /' ! FOCM 'lEE DEFINITION OF SUBDIVISION WHEREAS, STEIN'IHOR JAKOBSSCN is the amer of a parcel of land located in pitkin County, Colorado, rrore particularly described as: Lot 1, Block 1, West M=adcM Subdivision, pitkin County, Colorado; and, WHEREAS, the applicant has an existing duplex located on Lot 1, Block 1, West M=adcM Subdivision, pitkin County, Colorado; and, WHEREAS, applicant has requested an eJ<eIlPtion fran the definition of subdivision for the purpose of sdxli viding the existing duplex through rondaniniumization; and, WHEREAS, the Aspen Planning and Zoning Canmission, at its llEeting held January 18, 1977, detennined that an exenption from the definition of soo- division is appropriate and recamended that the sarre be granted; and, WHEREAS, the City Council detennined that the subdivision of the existing duplex through condaniniumization is not within the intent and purpose of the subdivision ordinance set forth in Olapter 20 of the Aspen Municipal Code, NCW 'lEEREFORE, the City Council of Aspen, Colorado, does hereby deternrine that the proposed subdivision of the duplex located on Lot I, Block I, West M=adcM Subdivision, pitkin County, Colorado, by its condominiumization is not within the intents and purpose of the subdivision ordinance and dces, for such reason grant an exenption fran the definition of such action; ProVIDED, HavEVER, that the foreg:>ing eJ<eIlPtion shall not be deeI!Ed to relieve or eJ<eIlPt the subdividing of the duplex situated on Lot I, Block 1, West M=adcM Subdivision from any park dedication fees which may be due; and, ProVIDED, HavEVER, that the foregoing exenption is ronditioned upon the restriction of rental of said condaninium units to periods of not less than six (6) succes~ive m;ntJ;s (or in the al~ti1ie to not,;rorethan nvice for short-tem penods wJ.thin any calendar :r:J..:.__~~ . . ("" .." , DATED.:C\.' .11.. ;26 1177 ~ - ~!- -,'e-' ~/"- ~.7 ...~ / STACY ST~, III, Mayor "--~--77 .:~. (~.,:. """;,~'., .r ~_2,...-~. <'. ,'. . I ,.~~ S. HAUl'ER, do hereby certi~ the foreg:>ing Statei\rc~ <'Of EllelTPtion P'CIl\ the ~fini ~on of Subdi vi~n was ronsidered and appr by t:lli:i 1iSpen,Gity CouncJ.l at J.ts regular IlEeting held M:mday, February , ., . I'Y,l'l, at whic'h'ti:ne the Mayor, STACY STANDIEY, III, was authorized to '. . ~cute~. S.!me~ on behalf of the City of Aspen. -;.,~ ' '. . ~TJillR'~ ~ ,,', STATE OF COLORAOO ) ) ss: COUNTY OF PITKIN ) The foreg:>ing was ackno.vledged before rre this .2 to day o~..{ ~ -, ....,,'U:l71';o.~ STACY STANDIEY, III, and KA'lHRYN S. HATJillR, personally knam to rre S\\.~..~~El.Mayor and City Clerk, respectively, of the City of Aspen. 'V . '.1/ . , '<<:\r;:\ !.'';>~(I\.:ission expires: I-:t y".. 78 _; ,..,; ; -~", .1) -c..... "'~- ;'~,~< -~ ",'.":,, 'j, . ~weS$ It;' hand and official seal. :,.:c\'/ 1i:J \-.,?: '-I). _ J 0 ----.. ..) ",._"'/,' '.,'<t:., ~~~~ . , (', , Notary Public CUSTOMER CITY OF ASPEH FINANCE DEPARTMENT 571'3 CASHIE~'S RECEIPT I 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 APPLlCA TION 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 S79 0 MAPS, CODES, ZONING REGS, 589 0 OTHERS (DESCRIBE) 01.988.632.03 0 XEROXING (DESCRIBE) DESCRIPTION' (NAME, NUMBER, ETC,), / o OTHER - ACCT. NO. '3.Jtd l \J \S Ion (yD.'^'( ,,-,,--+1 t?)\'") . '- I, . \IV' \<< +-X'::..<::r,(\ c:.. J ,\)'1 \ \ \! ~ I ( n r\ RECEIVED FROM \ . f1. .\ J 1-7- Ex PKMISSORY NOl'E $479.83 Aspen, Colorado July 27. , 1977 FOR VALUE RECEIVED, Steinthor Jakcbsson promises to pay to the order of the City of Aspen the principal sum of FOUR HUNDRED SEVENTY'-NINE AND 83/100 OOLLARS, payable at 130 S. Galena Street, Aspen, Colorado 81611, together with interest at the rate of nine (9%) percent per annum; pr:incipal and interest shall be payable in the following manner: One (1) payment of principal plus interest on August 22, 1977 (or thereabouts), the scheduled day of closing for one-half of the duplex located on Lot 1, Block 1, West M=adcM Subdivision. Said sum represents the park dedication fee owed the City of Aspen for subdivision of the duplex located on Lot 1, Block 1, West M=adow Subdivision. Failure to pay when due any installrrent of principal or interest, or any part thereof, shall cause this entire note to becare due and rollectible at ooce at the option of the holder thereof, in which case accrued interest and principal shall, fran and after the date of such default, bears interest at 12% per annum. In the event this note be placed with an attorney for rollection, by suit or otheJ:Wise, the maker agrees to pay reasonable attorneys' fees in a sum of not less than ten (10%) percent of the unpaid principal and interest dw. '!he maker of this note waives presentllEnt for paynent, notice of non- payrrent, protest, and notice of protest. '!HIS PKMISSORY NOl'E IS NOr S /l\&,\~"r{ I ~ (; r ,0 " " ,,' l\v ",<:,V\V v. \ i ) J;~ / / ./ '1-9- EN-' STATEMENT OF EXEMPTION , FKJM THE DEFINITION OF SUBDIVISION WHEREAS, STEIN'IHOR}JAKOBSSQ;J: is the amer of a parcel of land,. ,located in pitkin County, Colorado, rrore particularly described as: Lot 1, Block 1, West M=adcM Subdivision, pitkin County, Colorado; and, WHEREAS, the applicant has an existing duplex located on Lot 1, Block 1, West M=ado.v Subdivision, pitkin County, Colorado; and, WHEREAS, applicant has requested an eJ<eIlPtion from the definition of subdivision for the purpose of subdividing the existing duplex through rondominiumization; and, WHEREAS, the Aspen Planning and Zoning Commission, at its rreeting held January 18, 1977, dete:rmined that an exenption from the definition of sub- division is appropriate and reccmrended that the sane be granted; and, WHEREAS, the City Council deternrined that the subdivision of the existing duplex through condaminiumization is not within the intent and purpose of the subdivision ordinance set forth in O1apter 20 of the Aspen Municipal Code, NCW THEREFORE, the City Council of Aspen, Colorado, does hereby dete:rmine that the proposed subdivision of the duplex located on Lot 1, Block 1, \Jest M=ado.v Subdivision, Pitkin County, Colorado, by its condominiumization is not wi thin the intents and purpose of the subdivision ordinance and does, for such reason grant an exenption from the definition of such action; ProVIDED, HCWEVER, that the foreg:>ing exenption shall not be deerred to relieve or exerrpt the subdividing of the duplex situated on Lot 1, Block 1, West M=ado.v Subdivision from any park dedication fees which may be due; and, ProVIDED, HCWEVER, that the foregoing exenption is ronditioned upon the restriction of rental of said condcxninium units to periods of not less than six (6) successive nonths (or in the alternatiVe to not Jrore than nvice for short-tem periods within any calen;Je,:r) ~._~.~ "_./ 1:--....' , co. DATED:yJ1 ;21:~ 1177 STA~:AN~&~/I~Ma;~rc ;-_~ ,? f 2,..-t.^- , I, KA'IHRYN S. HATJillR, do hereby certify4:liat the foregoing State~nE~ of Exellption from the Definition of SubdiviSion was ronsidered and approved by the Aspen City Council at its regular rreeting held MJnday, February 28, 1977, at which tirre the Mayor, STACY STANDlEY, III, was authorized to ffi(Ecute the sarre on behalf of the City of Aspen. ~,r-- ~~~ KA'lHRYN S ' HATJillR, City Clerk STATE OF COLORAOO ) ) ss: COlNI'Y OF PITKIN ) The foreg:>ing was ackno.vledged before rre this .2 to day o~..('d -, 1977, by STACY STANDlEY, III, and KA'lliRYN S. llATJillR, personally knam to rre to be the Mayor and City Clerk, respectively, of the City of Aspen. My conmission expires: 1- :t y"... 78 Witness It;' hand and official seal. ~X~ Notary public .' ' TO: FROM: DATE: RE: ,~ oj> 130 so aspen, MEMORANDUM Clayton Meyring Mick Mahoney '?'>..~ March 9, 1977 SPEN street 81611 Kaufman-Meister Park Dedication Fee Lot 1, Block 1, West Meadow Subdivision 5~I3>>O~)I I~ _ ["0/ bJW G-rehtjJ1iow Please see attached letter from James J. Mollica. I accept the opinion of value for the Kaufman-Meister property as stated in his letter to me of March 3, 1977, of $42,000. PSM/pm Attachment James J. Mollica [ Associates, In~ Real Estate Appraisers and Consultants Aspen, Colorado , ~ , ")' ,() l'Ju ,~') f '. Mason & Morse Building. 315 East Hyman Avenue, Aspen, Colorado 81611 . 303/925-8987 March 3, 1977 Mr. Mick Mahoney Aspen City Manager City of Aspen P.O. Box V Aspen, CO 81611 Re: An "Opinion of Value" for the Kaufman-Meister Park Dedication Fee, Lot 1, Block 1, West Meadow Subdivision Aspen, Colorado Dear Mick: Pursuant to the request of Mr. Gideon Kaufman, I have personally inspected the subject property, have gathered and analyzed applicable market data for the purpose of estimating Fair Market Value of the subject site if vacant. The subject site contains 15,600 square feet approximately and is presently improved with a one-story panabode log duplex residence and good site improvements. The site is presently zoned R-15, residential, which allows for the development of the subject duplex. In this analysis the land is valued as if vacant and available for duplex construction. Numerous sales of duplex properties have been gathered and analyzed on the basis of their location, views, and topography. Most recent of these sales is Lot 10 Filing 1 West Aspen Subdivision. It sold in August, 1976 for $42,500 and contains approximately 16,000 square feet. This sale also has a corner location on Cemetery Lane, however, its location in the West Aspen Subdivision is considered superior and will ordinarily reap higher values. This property was vacant at the time of sale and zoned for duplex residence. Another recent sale is Lot 15 Snowbunny Subdivision, which went under contract in February, 1977 for $52,500. This sale is similar to the subject in location, however, being an interior lot, it offers superior privacy. This sale was vacant at the time it went under contract and currently there are plans for duplex construction. The subject lot is located in an inferior neighborhood than both of the recent sales. It is located on Cemetery Lane which is often very noisy with automobile and bus traffic. II James J, Mollica, R,M. Appraiser-Consultant .......'.... , Mr. Mick Mahoney March 3, 1977 Page Two After the most recent sales of duplex properties and considering the subject's location, views and exposure, it is my opinion that the Fair Market Value of the subject site, if vacant, as of March 3, 1977 would be: Forty Two Thousand Dollars $42,000 Contained in my files are numerous sales from which I have based my opinion and may be made avai1abe to the client if necessary. I hereby certify that I have no present or future contemplated interest in the subject property and that my fee is in no way contingent upon the valuations set out in this report. If I can be of further assistance in this matter, please call. . Gideon Kaufman and Jerry Meister .klmes 1 Mollica << Assoclale~ lit Real Estate Appraisers and Consultants /- James 1 Mollica & Associates, lot Real Estate Appraisers and Consultants Aspen, Colorado Mason & Morse Building. 315 East Hyman Avenue, Aspen, Colorado 81611.303/925-8987 QUALIFICATIONS OF APPRAISER James J. Mollica Residential Member (R.M.) Designation of the American Institute of Real Estate Appraisers, 1976 Licensed Real Estate Broker in the State of Colorado Member of Aspen Board of Realtors Member of National Association of the Board of Realtors Instructor University of Colorado Continuing Education Division EDUCATION Business and Advertising, BSJ, Ohio University Real Estate Law, Ohio University Course I-A, American Institute of Real Estate Appraisers Course 9, American Institute of Real Estate Appraisers Course 201, Society of Real Estate Appraisers Course 2, American Institute of Real Estate Appraisers BACKGROUND AND EXPERIENCE Incorporated James J. Mollica & Associates, Inc., February 1977 Independent Fee Appraiser and Real Estate Broker, associated with Mason & Morse, January 1974 to present. Appraiser Intern _ Associated Consultants and Appraisers, Inc., June 1972 through November 1973. Construction, Deffett Companies, Ohio (during college) MAJOR CLIENTS SERVED Aspen Highlands Ski Corp. Aspen Industrial Bank Aspen Savings and Loan Association Bank of Aspen Bank of Snowmass City of Aspen County of Pitkin First National Bank of Aspen First Western Mortgage Corp. Holland &,Hart, Attorneys Majestic Savings and Loan Oates, Austin, McGrath, Attorneys TYPES OF PROPERTY APPRAISED Commercial Condominiums Lodges Ranches Residential Vacant Land PURPOSES OF APPRAISALS Acquisition Condemnation Estate Planning Exchange Insurance Liquidation Nortgage Partition Sales Tax Planning II James J, Mollica, R.M, Appraiser-Consultant /", " MEMORANDUM TO: Aspen City Council FROM: Planning Staff (HC) RE: Subdivision Exemption - Steinthor Jakobsson Duplex DATE: February 24, 1977 This is a request for subdivision exemption by Steinthor Jakobsson to condominiumize an existing duplex located on Lot 1, Block 1, West Meadow Subdivision ,on the corner of Cemetery Lane and Mountain View Drive. The Engineering Department has no comments. The Planning Commission considered the request on January 18, 1977 and recommended approval subject to a minimum six month base restriction on both units and payment of the Park Dedication Fee. The Planning Office concurs with the Planning and Zoning Commission recommendation. #...,. APPLICATION FOR,EXEMPTION FROM SUBDIVISION REGULATIONS Request is hereby made on behalf of MR. STEINTHOR JAKOBSSON (hereinafter referred to as applicant) under Section 20-19{a) of the Aspen, Colorado, Subdivision Regulations, for an exemption from the defin1tion of the term "Subdivision" with respect to the real property described aSI Lot 1, Block 1 West Meadow Subdivision Pitkin County, Colorado It is submitted that an exemption in the case would be appropriate. The application involves subdivision of an existing duplex. A subdivision of one lot with a duplex on it creates conditions whereby strict compliance with subdivision regulations would deprive the applicant of the reasonable use of his land. If an exemption is granted, the owners of t~e property will have a common interest in the land and there will be a condominium declaration and maintenance agreement applicable to the property which will not in any way increase the land use impace 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 devel- opment of the City of Aspen, to insure the proper distribution of population, to coordinate the need for pUblic services, and to encourage well planned subdivision. The granting of this application will not undermine the intent of the subdivision regulations as it is clearly within the area intended for exemption under 20-19. 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. The applicant would appreciate your consideration of this application at your next regular meeting. Very truly yours, ~ J (J..J _ 9,/&i. Gideon I. Ka~- Attorney for Steinthor Jakobsson (Applicant) Dated this )rd Day of January, 1977 -. .-... MEM:l TO: HAL CLI\RK PLANNING DEFT. DAVE ELLIS '" r CITY ENGINEER ~ l..-- FOCM: DATE: January 19,1977 Re: SUBDIVISICN EXEMPTION - STElNTHOR JAKOBSSCN (Lot 1, Blk.l, West M=adow Subdivision) After inspecting the Subject property it appears that the fence along Cerretery Lane may be within the right-of-way, or in the alternative, that the right-of-way at this location is less than 60 feet in width. As a result I would like to have an irrprovement survey of the property' To expedite the exenption procedure I am willing to forward the application to P & Z with the condition that an irrprovert'ent survey be rompleted prior to rouncil' s review and reserving the prerogative to make additional cc:mrents at that tirre. The application for exenption must be made pursuant to Section 20-19 (b) and not Section 20-10 (a) as stated. MEMORANDUM TO: Dave Ellis FIII'IM: Planning Staff (HC) RE: Subdivision Exemppion - Steinthor Jakobsson DATE: January 17, 1977 This is a request for subdivision exemption by Steinthor Jakobsson for an existing duplex located on Lot 1, Block 1, West Meadow Subdivision, Pitkin County. The applicant has agreed to a minimum six-month restriction on the units. We will set a review date before the Planning and Zoning Commission upon receipt of your comments. MEMO TO: FROM: DATE: RE: ,..., - HAL CLARK PLANNING DEPT. DAVE ELLIS ~ CITY ENGINEER~~ February 18,1977 SUBDIVISION EXEMPTION - Lot 1, Block 1, West Meadows CSteinthor Jakobsson) After examJ.nJ.ng the improvement survey for this site and making more field investigations we do not feel any special right-of-way easements would be appropriate at this time and recommend granting the exemption.