HomeMy WebLinkAboutcoa.lu.ex.Kessler, Lot K, L, Block 37
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CITY OF ASPEN ..
MEMO FROM RICHARD GRICE
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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
63722
63723
63724
63725
63726
Subdivision/PUD
Special Review
P&Z Review Only
Detailed Review
Final Plat
Special Approval
Specially Assigned
09009 - 00000 Conceptual Application
Preliminary Application
Final Application
Subdi vi S i CExemption
Rezoning
Conditional Use
PLANNING OFFICE SALES
00100 - 63061 09009 - 00000
63062
63063
Name:
Garfield & Hecht
oui tas, HYnlall
Allpell, CO 81611
Address:
County land Use Sales
GMP Sales
Almanac Sales
Copy Fees
Other
Project:
$20.00
Kessler
925-1936
Phone:
Check No.
Receipt No. P
i/18fi?
pr,ID
Date:
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MEMORANDUM
TO:
Bichard Grice, Planning Office
o~
FROM:
Daniel A. McArthur, City Engineer
RE: Kessler Subdivision Exemption, Lots K,L, Block 37, East
Aspen Townsite
DATE: November 28, 1979
After having reviewed the improvement survey and having reviewed
resolution 19 dated 5/12/79 the Engineering Department would like
to amend our recommendation for item #2 in the memo to Richard
Grice on 11/8/79 to read as follows:
1) The Engineering Department recommends the owner/applicant
install new sidewalks along the entire length of lots K and L in
block 37 on Durant Street and the vacated portion of Cleveland
Street for a total length of approximately 109 feet. To date
Durant Street between West End Street and the Roaring Fork River
fall within the boundaries for new construction of curb, gutter
and sidewalk as stated in resolution 19, approved on 5/12/79.
At present the street frontage for Durant Street is approximately
520' with sidewalks on 233' of Durant Street, leaving approximately
257' of Durant Street with no sidewalks, and a 30' adjacent portion
of Durant Street sidewalks under recommendation for installation of
new sidewalks in a pending subdivision exemption.
The Engineering Department recommends approval for the above sub-
division exemption subject to the owner/applicant agreeing to the
above conditions.
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MEMORANOUM
TO: Aspen City Council
FROM: Richard Grice, Planning Office
RE: Kessler Subdivision Exemption
DATE: November 30, 1979
Zon i ng: R/MF
Location: 900 East Durant (Lots K and L, Block 37, East Aspen Townsite)
Lot Size: 10,932 square feet
Rental History:
Engineering
Comments:
Attorney's
Comments:
Housing Director's
Comments:
Planning Office
Recommendation:
Six out of eight units have been rented within the low,
moderate and middle income housing price guidelines within
the last 18 months. In order to mitigate the impact on the
low, moderate and middle income housing group, the application
offers to deed restrict one building (four units) for a term
of "approximately three years" to insure that the units
will continue to be rented to employees.
The Engineering Department recommends that their memorandum
which includes three conditions be submitted to the Planning
and Zoning Commission and City Council for their review.
The three conditions include a revision of the improvement
survey, an agreement to enter into a sidewalk improvement
district for sidewalks installed on Durant Street and Cleveland
Street, and a proposal for the design of off-street parking
as per Section 24-2.4 of the Code.
"I have no objection to the above described subdivision exemption
if the property is of a conforming use within the R/MF zone
district. However, in reviewing the rental history of the
property, I am of the opinion that six units are currently
within the low, moderate and middle income housing pool. I
recommend that the rental history as well as the applicant's
proposal to mitigate the effects of this condominiumization
be submitted to the Planning and Zoning Commission and the
City Council for their consideration and possible approval.
If an exemption is granted, the property should be deed
restricted to the six month minimum lease provision and the
notice and option provision of Section 20-22 of the Code."
See Housing Director's memorandum dated November 29, 1979
at the beginning of the subdivision exemption section of
this packet.
The Planning Office is of the opinion that six out of the
eight units have been historically rented with the low,
moderate and middle income housing price guidelines and
therefore should be deed restriction for a period of five
years to those same price and occupancy guidelines as well
as to the six month minimum lease provision and the notice
and option provision of Section 20-22 of the Code. In
addition, we recommend your approval be conditioned upon
the revision and resubmittal of an improvement survey plat,
an agreement to enter into a sidewalk improvement district,
as well as compliance with the off-street parking requirements
of Section 24-4.5 of the Code.
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MEMORANDUM
'.
TO:.. Richard Grice, Plannin,g Office
FROM: Lou Buettner, Engineering Departmen
RE: Kessler Subdivision Exemption; Lot K, and Lot L,
Block 37, east Aspen Townsite
'.
DATE: November 8, 1979
After having reviewed the survey plat for the above subdivision
exemption and having made a site inspection, the Engineering
Department reccmmends the following:
(1) The owner/applicant shall revise and resubmit the Improvement
Survey Plat to include the followi:>g:
(A) Show adjoining property and identification
(B) Show locations of existing driv~ways,'roadways, sidewalks,
curb and gutter
(C) Show all required off-street parking as per Section 24-4.5 .'
of the code '
(D) Show center line and width of Durant St. and width of alley
(2)
The owner/applicant shall agree to enter into a sidewalk improve-
ment distJ:ict for sidewalks installed on DUl:'ant St. and Cleveland
St.
(~)
.
The owner/applicant shall provide the Engineering Department
with a de'3ign of all off-street parking as per Section 24-".5
of the code.
The Engineerin'J Department recommends that no action be taken 0;.
the above subdivision exemption until a new updated improved
survey plat is submitted along with the off-street parking desiJn
as per comment"(3).
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MEMORANDUM
DATE: October 4, 1979
TO: Richard Grice
FROM: Ron Stock
RE: Kessler Subdivision Exemption
I have no objection to the above-described subdivision exemption
if the property is a conforming use within the R/MF zone district.
However, in reviewing the rental history of the property, I am of
the opinion that 6 units are currently within the low, moderate
and middle income housing pool. I recommend that the rental
history as well as the applicant's proposal to mitigate the
effects of this condominiumization be submitted to the Planning
and Zoning Commission and the City Council for their consideration
and possible approval. If an exemption is granted the property
should be deed restricted to the six month minimum lease provision
and the notice and option provisions of Section 20-22 of the
Code.
RWS:mc
TO:
FROM:
RE:
DATE;
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MEMORANDUM
Aspen Planning and Zoning Commission
Richard Grice, Planning Office
Kessler Subdivision Exemption
November 15, 1979
Zoning:
Location:
Lot Size:
Ren ta 1
History:
Engineering
Comments:
Attorney's
Comments:
R/MF
900 East Durant (Lots K and L, Block 37, East Aspen Townsite)
10,932 square feet
Seven out of eight units have been rented within the low,
moderate and middle income house price guidelines within the
last 18 months. In order to mitigate the impact on the low,
moderate and middle income housing group, the application offers
to deed restrict one building (four units) for a term of "approx-
imately three years" to insure that the units will continue to
be rented to employees.
The Engineering Department recommends that their memorandum
which includes three conditions be submitted to the Planning and
Zoning Commission and City Council for their review. The
three conditions include a revision of the improvement survey,
an agreement to enter into a sidewalk improvement district for
sidewalks installed on Durant Street and Cleveland Street, and
a proposal for the design of off-street parking as per Section
24-4.5 of the Code. The Engineering Department wants to give
the applicant's attorney, Ashley Anderson, an opportunity to
argue before the P and Z and City Council that the off-street
parking requirement is inappropriate. The Engineering Department's
complete comments are included in your packet and found in two
memoranda, one dated November 8, 1979 and the other November 15,
1979, which constitutes an amendment to the previous memorandum.
"I have no objection to the above described subdivision exemption
if the property is of a conforming use within the R/MF zone district.
However, in reviewing the rental history of the property, I am of
the opinion that six units are currently within the low, moderate
and middle income housing pool. I recommend that the rental history
as well as the applicant's proposal to mitigate the effects of this
condominiumization be submitted to the Planning and Zoning Commission
and the City Council for their consideration and possible approval.
If an exemption is granted, the property should be deed restricted
to the six month minimum lease provision and the notice and option
provision of Section 20-22 of the Code."
Housing Director
Comments: "I have no problems with thi s app 1 i cati on other than I woul d 1 i ke
to see the rental restriction extended to five years,"
Planning Office
Recommendation:The Planning Office is of the opinion that seven out of the eight
units have been historically rented within the low, moderate and
middle income housing price guidelines and therefore should be
deed restricted for a period of five years to those same price
and occupancy guidelines as well as to the six month minimum lease
provision and the notice and option provision of Section 20-22 of
the Code. In addition, we recommend your approval be conditioned
upon the revision and resubmittal of an improvement survey plat,
an agreement to enter into a sidewalk improvement district, as well
as compliance with the off-street parking requirements of Section
24-4.5 of the Code.
.,>1""
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MEMORANDUM
TO: Ron Stock, City Attorney
~m Reents, City Housing Director
City Engineering
FROM: Richard Grice, Planning Office
RE: Kessler Subdivision Exemption
DATE: September 10, 1979
Attached please find application for subdivision exemption for two duplexe~,
located at 960 East Durant. This item is scheduled to come before the Aspen
Planning and Zoning Commission on Tuesday, November 20, 1979. Therefore, may
I please have your written comments concerning this application no later than
Monday, November 12, 1979. Thank you.
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TRANSAMERICA TITLE INSURANCE COMPANY [j
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A California corporation, hereinafter called the Company. in consideration of the
premium which has been paid for this Policy, does insure the person. corporation or other
entity, designated as the Insured in Item I under Schedule A, hereinafter called the In-
sured, the heirs, devisees, personal' representatives of such Insured, or, if a corporation,
its successors by dissolution, merger or consolidation, against loss or damage not ex-
ceeding the amount of this Policy as showll in Schedule A, together with costs, attorneys'
fees and expenses which the Company may become obligated to pay as provided in the
Conditions and Stipulations hereof, which the Insured shall sustain by reason of:
any defect in or liell or encumbrance on the title to the estate or interest
covered hereby in the lalld described or referred to in Schedule A, existing
at the date hereof, not shown or referred to in Schedule B or excluded from
coverage in Schedule B or in the Conditions and Stipulations; or
unmarketability of such title; or
lack of a right of access to and from land; ,
all subject, howe\'er, to the provisions of Schedules Aand B and to the Conditions and
Stipulations hereto annexed; all as of the effective date of this policy, 'as shown in Sched-
ule A.
IN WITNESS WHEREOF, Transamerica Title Insurance Company has caused its corpor-
ate name and seal to be hereunto affixed by its duly authorized officers.
TRANSAMERICA TITLE INSURANCE COc.lPANY
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Policy No. CO 168488 -0
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Attest ;(t;Z (.J.~..C:,;~('J,iL/ Secretary
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AMERICAN L"'NO 1'I1'l.e ASSOCIATION OWNER"S ...oUr;Y-ST^NO"'~D f'O'tM D.l?6~
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SCHEDULE A
[JRCE;:', NUrvlBER
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AMOUNT
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Dated this 14i:;,h.. dQ)' 0f.
Nay
, 1<168.. :.\t the hour of 8:00 o'clock A.M.
1. The narn~~ (If th>2 insured u.:ld t1:(- estaf.e, M' !r:.~i.'re.:;t of ti1<':' in';lJl'.-;d i:l the bnd d(.scrib~d below and cov-
ered by this l)olicy is 'a~~ fellows:
SEPP H. KESSLER and JANE KESSLER, in fee simple,
in joint tenancy.
2. The land, the title to which is in5ured, i;; dcs::ribcd or known as folio'...:s:
A tract of land lying partially within the East Aspen Addition To\~site
according to the plat filed in the office of the Pitkin County Clerk and
Recorder on Au~ust 24, 1959, as Document No. 108453, and partially within the
City and Townsite of Aspen and the perimeter of the patent to said Aspen TOi~-
site recorded as Document No. 60156 in Book 139 at page 216 of the records in
the office of'the Pitkin County Clerk and Recorder, more particularly described
as follmls:
Beginning at the Northwest corner of Lot K, Block 37, East Aspen Addition
to the City of Aspen, thence Easterly along the North line of said Lot K to the
Northeast corner of said Lot K; thence Easterly alollg the North line of Lot L
in said Block 37 a distance of 22 feet; thence Southerly and parallel to the
West line of said Lot L, a distance of 100 feet, more or less, to a point of
intersection with the South line of said LDt L, which point is 22 feet East of
the Southwest corner of said Lot L; thence Westerly along the South line of
said Lot L a distance of 22 feet to the South\Test corner of said Lot L; thence
Westerly along the South line of said Lot K to the Southwest corner of said
Lot K; thence Westerly along the South line of said Lot K projected Westerly
a distance of 57 feet to a point; thence Northerly and parallel to the West
line of said Lot K a distance of 100 feet, more or less, to a point of intersec-
tion with the North line of said Lot K projected Westerly; thence Easterly
along said projected North line of said Lot K a distance of 57 feet to the
point of beginning.
S,CHEDULE 8
This Policy dOt~5 not insure against loss or damage by ~-eason of the following:
1. Rights or claims of parties in possessian not sho'.....n of retord, including unrecorded C3scments.
2. Di5crep:tacies, conflicts i:1 boundary lin~s. shortage in ~rea, encroachment.s, or any other facts which a 'cor-
reet survey \vould disclose, and. which are- not shown by tile rublie reco:'ds.
=~. l\Iech:lnics li~ns, or any rights therdo, where no notlct' of ~u,:h liens or rights appear of record.
.1. Taxes ;;Ind. ~~sf's:>ment5 not yet due or p.::>.yabL:; .::1l1 Sp,;cial T[~X6 or As:;;~ssm('nt5 certified to the o[fice of
the County Tr,'asmer subsl'quent to: Nay l!~, 1968, and the second half of 1967 taxes in
the amount of approximately $781f.Ol.
5. Deed of Trust from Sepp H. Kessler and Jane Kessler to the Public Trustee of
Pitkin County, for the use of Six Foundation, to secure $51,000.00, dated
April 1, 1968, and recorded April 1, 1968', in Book 231~ at Page 208.
6. Any taxes or assessments by reason of the inclusion of the subject property
in the Aspen Fire Protection District a.nd the Aspen Sanitation District.
Policy l'\l). 168488
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the in~urcd eslate and the litle has h'-'\:'ll reh..cted because or some defect. li.'n or it shall be cntitl.;d to all Ihe rio;hls and remedies whkll the Insured wOlll.! ha"e
encumbrance nol ....xcePled herein, and 110:ice ;n writinlt of such rei':d;"il shall had illt;iin.\.t ..ny olher p.:f'i[}il or NOt'Clty in resDC,t to slllh c1"im. and rhe In,ured.
l1;;1\'c toeen t::i\cn 10 th,' Comp.Jny withht tell dil}S thc:rC;l\ler. hH thirty ..b;-s ;.fler shall tran\kr. or c:!.o.:~c to be trdn~rcrred to the CCtmpdllY such rights and r..-rmit
rccei,.inil; $ueh nOlke the COlllp,my sllall h;;.\e the oNion of pa)"i,,~ the less. of it to o.\.o:: the name cof the Insured for the reCOllery or dcfo:nse then...,!. AilY nCl
which tho:: Ill~ured nll!$t pn:se:1t vn.>pCr pwuf. or of ll1ai~t"ininlj or dcfer'll!inlC. sum collected on such ri~~:s and remo:dic:s over and above the amount l.f lu's
dLhcr ill its own n;\m..: or :.t its option in the name of t~]C Insured. ~ome Noper p~id by the ComPilny shail belmH:. and on llCliHind ~hall be p;,id. to :lle In,u~f:"d.
ac:i01l or procee:1inR fell the purpose of determiniJlJot the validity of the 311ell~d and the Imul<:d warranl$ Ih;it ~llch rj!:hts 3nd remedies sh:!1I ...est in the Comp~ny
(lcfect. lien or encumbronce Ilnd only in ea..se a fio;ll dClcrmin,ltion is m..de i;'l onaHecte:d by any act of the Insured.
sUfh ilcti"l1or pwceedinll. "ust;lininlJ tite nhicClion to the title. shall the Cnrr\l):!ny d .
be liable. l4) \Vhere the Insllred shall h:l\-e lral1~r<:rn;d the insured cst:!t..: by an 6. Any onlrue st'-'te.mcnt made bY_ the I~sured. or O:e aR"e!'1t 0_' the InSUI'; : wl.th
imtrurne:nt containing (:o\enunls or tille. or .....;'uilnties thcn.,,(. i.lnd there has r~~pc:c~ to any m"h.:~I;:1 fact. ~ny ~J,;r>:>~l'SSlOn of or, f;lIture to "1~Clo<;e any r;'\;1t:r~'ll
been a fin;ll jud~mem in a court oC cnmpelent juris<liclion ;n:"inst the Insurl"d !"Cl.. ,:"n~ untrue ans."'!:!. by t..e Ins"~~d.' or the al',ent of the. I.lsured. It) matcflal
ba>o;;d on such co~.cnants or w.:tu.:tnties. or ail}' ()f them. b.;eau~e of somc claim Iilqurne~ bdorc lhe Issuance of t:IJS J oJley shall \old thls PolicY.
oC litle. licn or ~ncumbr;incc; al'::.dllst which this Policy insufcs.. 7. Nothing contained in this PoJjCY shaH be ConS~nJcd as insurinG a~aim.t loss
3. In case allY action or proceedinlf. as referrl"d to in Par,,!:rilph I above. is or. ~;Ul1alle by rcason of f~aud 0[1 lhe part o.! the. Insured; or by reason of claims
be:gun. or in ca.~e of the service of ..ny paper or pl1'3dinlt. the obicct 01 effect ansmg from allY act. th~n<,: or t(!l~t re!.ltlonshIP unJ,scloM:d of re.:ord. done.
of which sha.1I or may cau~e any 10'>5 for which IllC Comp"ny s11JII or may be creatcd. suffered or Pl:rml:l.ed by th.: Insured; or by ~eaM)Cl of .th: fact that tI,e
liable under this Policy. it shaH be the duty of the Insured at once 10 notify lnsurcd W3.5 n.ot a ,?on3. fl(l~ t'u:eh3.ser for ...;ill.l: Wl.lh?~t notice. nor \~lll tho;;
the Com~ny in .....riting at Den~er. Colorid". Failure 10 notify the Comt>any as Compan.y be Ilabk. In imy e\elll. for loss or dama~e .anSIIlI( from the rcJuS-;l1 of
~fores<;it.l w~thin ten days ~fter the service o.f the fi~st summuns or othe.r PrOCl:SS ~~y ~~r~eIOm~~t~ ~~~. ~~~thCOilllllr~:s t~a~~:~:~~~ the Insured estate by rca.Sall l't
>:I sllch action or proceed mil. or after rccelPt of such paper or ftleadr:lll. ~halJ y
Ol'>Crate as a fuB rC"!case and discharge of the Company from any <Iud all liability 8, :Kol~ing contained ill this Policy shall be conqrued 1\S in$urins (I) ::1.J.;a.inst
with re~f\C(:t to the subject m::lIter thcreof; proYrded. howe.er. thai failure to the COI1~eq'Uenccs of any LJw. ordinance or governmental regulation (including
notify L'1e Company as aforesoid shall not prejudice the claim of the Insured building and zoning ordin:!ncc) lim;llllll or re1:ulaliJ1l: the use or cnioyrr.e.m of
U the Insured shall 1101 be a. parly to such action or proceedinll. nor be ~en.ed the property herein de~cribcd or tlle ..h::r;Jcter. dirClcllsions or location of ;;ny
with summons. pCl)cess or notice therein; nor ha'.e any knowlc.!li:c thereof. In any improvcment3 erected or to be crected thereon, or l1) that the building or ot!l.er
'Such case. and in aU cases where this Policy requires or permits the Company to erections o;>on t!le property comply "ith St.:!t.. an.! t-lunicip2:1 Jaw.'!. rl'\:u',l!ions
pr~ecutc or defend, it shall bc Ihe duty of the InSllred 10 secure to it the right and ordinances. or 0) a!;ainSI tt", con~equenees of Ihe e....crcise or auem;'lcd
to rnaintain or defend t.~e action or procee:cHr:ll'. and all appea~ from any dderm~ exercise of "police wv;er" or the pa\\'er of "eminenl comJi;I" over li;iiJ prop.
fn;Jlion therdn. and to lli",'e it alt reasonable aid therein, and to permit it to use crty. or (4) the tille 10 an}" personal property. whelher the same be attached to
at its option. the name oC tite Insured. The Company will Poly. in addition to or us~d in connectioD with the propeny hel~by in.,ured or otlwrwise. or (i') tho:
L'I,;: loss up to the:: {ace amount ot lhis Policy. all costs impose~ on the Insur~d title or rights of the Insured in any property be}ond the liiles of th~ propert!'
i" lit!rtation carried on by it for Ihe Insured under the requirements of this described in Schedule A hereof. or in any street. road. avenue. lane:: or way l,;;>an
Policy; but it w<u in f10 way be liable for the fees of any coume:! or attorne)" which said property abuts. or (6) ;In e~late &rtater th;;ln originally "rank.:! by
employed by the !nsured without the writtcn (:onsent and IIpproval oC the Ihe United States or when applicable, by Ihe SUIte of Colorado. Reset\at;ons.
Company". conditions and exceptions contained in Patcnls of the United States or Stale of
4. In every case where the liability of the Company has bcen definitely fixed in Colorddo are specifically excepted.
accordance with L'Ieli( ConditiOn:> ::Illd Stipulations. the loss sh;ill be p.l)'able wrlhin 9. If the property descri;;;'ed in Schedure "1\' is divisible in separate in.depcnCent
thiTty d.:tys thercafler; pro\'it.led. however. that in the ".cnt of a Iota] loss Ihe Pdrcels. and OJ. loss is establishcd affecting one or more of said parcels. the loss
Company may demand 3. vnlualion of the insured estate to be made by three shall be computed and settled on a PIO rata basis as if L'1e f.lce amount of this
ubitrators or 3.ny two of them; one to bc choso:n by the Insured and one by the Policy were divided pro [ala as to the vatue of e3.ch separate independent parcel.
Company. and the two thus chosen to ~eJcet an umpire. No rh:ht of :.etion shall exclusive of the imProvements mace subsequent to t.he date of Ihls Policy. to the
accrue until thiriy days after such valuation shaH have been s~.rved upon the whole.
Company. and the Insured shall have tendered a conv<:yanee of the insur..-d estate 10 The term "the COmpany." as herein u~d. means The Title GU;lranty COf\l-
~o the Company at such ,:,aluation Ic~ the amount .of any en\;Umbr3nces on thc pa~v. and the u~ .'th.; Insured" means the person, corpOration or other entiry
Insuled estate not her.:t:>y Insured aga1J1sl. And pro"'lded. also. Ihat the CompaM. . .-h. I - thO P r ... d
shall alv.-au have the right to appeal from (lilY advers.: detcrmination, but no In \, ose a\or IS 0 JCY rs l~SUe .
appeal shall operate 10 delay the payment of the loss if the Insure:d shall !':i.....: 11. No officer. a~ent or other representotivc of the Company shall have th.:! rower
to the Company satisCactory security for the repayment to the Company of the to wah.e any of the provisions or conditions o( lhis Polky. except 1.11_0:: Pn:~iJenl
loss in. ca~c there sh:.tll be ultimat.:]y a deterrninali"o in Ln.or uf the title:>s or Vice Pr..sidents of the Company. ;lnd such wai--er shall not bU". uf any force
insured. And providt:d further. that in e\ery caliC the COf\ll'any sh311 have the or effect unless in writing nnd anached to this Policy.
This Policy nl!cessarily relates solely to the title prior to the date of this Policy.
This POlicy is not transferable to a subsequent purchaser but should be retained by Insured for his protection against future loss
under warranties or covenants of title (see subsection (4) of paragraph 2 of foregoing Conditions and Stipuln.tions). Any new purchaser
?T mortgagee should obtain a re-issue pOlicy.
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MEMORANDUM
TO:
Ron Stock, City Attorney
Jim Reents, City Housing Director
City Engineering
Richard Grice, Planning Office
FROM:
RE:
DATE:
Kessler Subdivision Exemption
September 10, 1979
Attached please find application for subdivision exemption for two duplexes
located at 960 East Durant. This item is scheduled to come before the Aspen
Planning and Zoning Commission on Tuesday, November 20, 1979. Therefore, may
I please have your written comments concerning this application no later than
Monday, November 12, 1979. Thank you.
~
"
i 3 Q ~)."t'J' ,.L
ATTORNBYS AT LAW
~
GARFIELD & HEOHT
VIOTORIAN B9UARB BUILDING
601 EAST HYMAN AVENUE
ASPEN. OOLORADO 61611
ASPEN I PiTKIN CO.
PLANNiNG OFFICE
RONALD GARFIELD
ANDREW V. HEOHT
ABHLBY ANDERSON
September 4, 1979
TELEPHONE
(303) 9215-1936
OHRISTOPBBR N. SOMMER
GRAIO N. BLOOKW'IOK
K. ROULHAO OARN
/./
')
Planning and Zoning Commission
Aspen City Hall
130 S. Galena Street
Aspen, Colorado 81611
Dear Members:
This is an application by Sepp and Jane Kessler pursuant
to Section 20-19 of the Aspen City Code as amended, for an
exemption from the term subdivision for the condominiumization
of their two four-plexes located at 960 E. Durant, Aspen,
Colorado. The applicants submit that since this is merely
a subdivision of two existing buildings, to require that the
applicants proceed through the entire subdivision procedure
would deprive the applicants of the reasonable use of their
land. Furthermore, the applicants submit that exemption is
necessary for the preservation and enjoyment of their substantial
property right. Finally, the applicants submit that since,
as stated above, this is merely a subdividing of existing
structures, there will be absolutely no increase in density
as a result of the granting of this exemption and therefore
the granting of the exemption will not be detrimental to the
public welfare or injurious to other property in the area.
Sepp and Jane are both retired and the income they receive
from the rental of the seven units is basically their only
income. The reason for this application to condominiumize
is to provide flexibility for estate planning purposes. Sepp,
despite his youthful looks is 66 years old and feels strongly
that he needs to provide that flexibility for Jane.
In order to provide that flexibility and at the same time
comply with Section 20-22 of the Aspen City Code concerning
low and moderate income housing, the applicants propose that
one building (four units) be restricted for a term of approx-
imately three years to insure that these units will continue
to be rented to employees during that period.
September 4, 1979
Page Two
The history for the last eighteen months of that building
is as follows:
Apartment No. 1 -
It has
rented
month.
rented
412 square feet and is presently
to Laura Lee Cook for $190.00 per
Ms. Cook cleans houses and has
the unit since September 1977.
Apartment No. 2 - It has 471 square feet and is presently
rented to Harry Lyon for $250.00 per
month. He has rented the unit since
June 1978. He is a part owner of
Bullocks. Prior to that it was rented
to Art Younger also for $250.00 per
month.
Apartment No. 3 - It has 517 square feet and is presently
rented to Tom waylen for $272.00 per
month. Mr. Waylen is employed by the
Mountain Shop and has rented the unit
since August 1978. Prior to that the
unit was rented to Peter Clare, a
construction worker.
Apartment No. 4 - It has 657 square feet and is presently
rented to Laurie Bellatti and Bob Cadger
for $350.00. Laurie is a CPA and Bob is
a ski instructor and real estate salesman
They have rented the unit since May 1979.
Prior to that the unit was rented to
Helen Back, a housekeeper for Mr. Don
Greene, for $240.00.
In order to insure that these four units continue to be rented
to employees the applicants will restrict the units in such a
manner that the rent will be frozen at the present levels and
will increase pursuant to the current guidelines for increase
in low, moderate and middle income housing as determined by the
council for additional points with the terms of the Growth
Management Plan. Should any of the units be sold, and there is
no present intention to do so, these rental restrictions will
remain. In addition, the applicants will restrict these four
units in such a manner that if they are sold, they must either
be sold to a person qualified by the housing authority and if
they are not sold to such a person, they must be rented to such
a person. Thus, if an absentee tourist purchases the unit
September 4, 1979
Page Three
he will not be able to reside in the unit and he must rent the
unit to a qualified employee for whatever time period remains
on the restriction. The applicants propose that these restric-
tions be placed on these four units for three years.
Under the applicants' proposal the second building (four
units) would be unrestricted. The history of those units for
the past eighteen months is as follows:
Apartment No. 5 - It has approximately 1,886 square feet and
the owners reside in that unit.
Apartment No. 6 - It has 1,255 square feet and is presently
rented to Bob Kline for $540.00 per month.
Mr. Kline is a retired stockbroker and has
rented the unit since July 1977. He is
moving out at the end of this summer and
the applicants plan to short-term the unit.
Apartment No. 7 - It has 475 square feet and is a studio unit
that has always been short-termed.
Apartment No. 8 - It has 879 square feet and is presently
rented to Louette Lurvey for $400.00 per
month. Ms. Lurvey is a realtor and has
rented the unit for approximately one year.
In the year previous to that the unit rented
to Phil Miller for $270.00 per month and
he moved when he builtns own house.
The applicants submit that due to the prior history of the
units the proposal set forth above is a perfect trade off between
the applicants desire to provide estate planning flexibility and
the requirements of Section 20-22 concerning low and moderate
income housing. Therefore, the applicants respectfully request
your approval of this application.
Sincerely,
Ashley Anderson
AA:d
Encl.
Improvement Survey (4 copies)
Title Insurance Policy (4 copies)
Check for $20.00