HomeMy WebLinkAboutcoa.lu.ex.Kuen, LotsK&L,Blk111.1979
Recorded at 12:~rD~ June 13, 1979 Loretta Banner
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E!l370 f~~t~
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Reception No., ~
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STATENENT OF EXEMPTION
FROM
THE DEFINITION OF SUBDIVISION
WHEREAS, ARTUR Kl~N is the owner of a parcel of land
located in Pitkin County, Colorado, more particularly described
as follows: Block Ill, Lots K & L, City and Townsite of Aspen,
Pitkin County, Colorado; and
WHEREAS, ARTUR KUEN (hereinafter referred to as
"applicant") has an existing fourplex located on Block Ill,
Lots K & L, City of Aspen, County of Pitkin, State of Colorado;
and
WHEREAS, the applicant has requested an exemption from
the definition of subdivision for the purpose of subdividing
the existing fourplex through condominiumization; and
WHEREAS, the Aspen Planning and Zoning Commission, at
its meeting held on the third day of April, 1979, determined
that an exemption from the definition of subdivision is appro-
priate and recommended that the same be granted; and
WHEREAS, the City Council determined that the subdivision
of the existing fourplex through condominiumization is not within
the intent and purpose of the subdivision ordinance set forth
in Chapter 20 of the Aspen Municipal Code,
NOW, THEREFORE, the City of Aspen, Colorado, does
hereby determine that the proposed subdivision of the fourplex
located on Block Ill, Lots K & L, City of Aspen, County of
Pitkin, State of Colorado, by its condominiumization is not
within the intents and purposes of the subdivision ordinance
and does, for such reason, grant an exemption from the definition
of such action, provided, however, that any existing tenants be
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given written notice when their units are offered for sale,
which notice shall specify the sale price.
Each tenant shall
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I have a ninety- (90) day option to purchase this unit at this
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price.
In addition, each tenant shall have a ninety- (90) day
exclusive non-assignable right of first refusal to purchase
his or her unit, which shall commence when a bona fide offer
is made by a third person and accepted by the owner. In the
event that such offer is made while the ninety- (90) day option
is still in effect, the tenant may purchase the unit for the
amount of the initial sales price or the amount of the bona fide
offer, whichever is less, and provided, however, that all units
shall be restricted to six- (6) month minimum leases with no
more than two (2) shorter tenancies per year.
Dated: June 12, 1979.
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Recorded at ,- '17PM June 13, 1979 Loretta Ban ~-, Recorder
"Receptio.n#Z1~ .
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110370
03;)-
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DECLARATION OF COVENANTS
ARTUR'KUEW (hereinafter referred to as "covenantor")
for himself, his successors and assigns hereby covenants with
the City of Aspen, Pitkin County, Colorado, that:
1. Covenantor is the owner of the following described
property together with the improvements thereon: Block Ill,
Lots K & L, City and Townsite of Aspen, County of Pitkin, State
of Colorado (hereinafter referred to as the "property").
2. The property shall be restricted to two (2) six-
(6) month minimum leases with no more than two (2) shorter
tenancies in any calendar year; and the monthly rental for
Unit 4 shall not be more than three hundred dollars ($300.00)
per month plus utilities, unless the duly constituted housing
authority of the City of Aspen shall consent to an increased
rental to reflect increased expenses of the owner for middle
income housing categories in operating the premises, adjustments
in cost-of-living indices and other similar factors.
3. At the time the units are offered for sale in whole or
in part, the tenant or tenants, if any, shall be given notice
of such offer together with the offered price. Each tenant
shall have a ninety- (90) day non-assignable option to purchase
the units 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, if any, shall have a
ninety- (90) day exclusive non-assignable right of first
refusal to purchase the units. In the event that such offer is
1t'!J370 ~633
made while the ninety- (90) 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. Covenantor further covenants and agrees to and
with the City of Aspen that he will affirmatively consent to and
join in the formation of any special improvement district
encompassing all or part of Original Street Condominiums that
may be hereinafter proposed or formed for an improvement
district for new curbs or gutters, drainage, burying electrical
improvements along Cooper Street.
Subdivider hereby waives
and further covenants and agrees to waive any right to protest
against the formation of any such district. Covenantor further
covenants and agrees to reimburse the City of Aspen for the above
enumerated improvements if an improvement district is not formed
and the City of Aspen causes the improvements to be made.
6. The covenants contained herein are to run with the
land and shall be binding on all parties and all persons claim-
ing under them for a period of five (5) years.
IN WITNESS WHEREOF,
executed this 1eJ- +"-day of
this Declaration has been duly
~ ' 1979.
A2filN ~
STATE OF COLORADO
COUNTY OF PITKIN
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Acknowledged, subscribed
day of ~
11y commission expires:
and sworn to before me this
, 1979, by ARTUR KUEN.
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Witness my hand and official seal.
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Notary Public :
ACCEPTED AND APPROVED:
Attest:
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MEMORANDUM
TO: Aspen City Council
FROM:
Planning Office, Richard Grice
~~
RE: Kuen Fourp1ex - Subdivision Exemption
DATE: April 19, 1979
The attached application requests subdivision exemption for the purpose
of condominiumization of a fourp1ex located on East Cooper Avenue between
Original and West End Streets. A letter from Gideon Kaufman is also attached
which addresses compliance with Ordinance 39. The lower unit in the building
has served as the owner's residence for the last 10 years. The other three
units have been short termed every winter and rented exclusively to students
of the Aspen Music School in the summer for periods never longer than 8 weeks.
Therefore, Gideon feels that these units do not fall within the low, moderate
or middle income housing range.
The application was referred to Ron Stock, City Attorney. Ron states
that he has no objection to approving the subdivision exemption provided the
property is restricted to six month minimum leases with no more than two shorter
tenancies per year and that one unit be deed restricted for a period of five
years under our current guidelines.
After having reviewed the improvement survey and having made a site
inspection, the City Engineering Department finds that there are several items
that need correction. Engineering's recommendation is for approval of the
subdivision exemption subject to the applicant correcting the following;
1. The owner shall install a new water meter and remote meter reading
regi ster.
2. The owner shall provide three additional new parking spaces on the
north side on Lots K and L.
3. The owner shall construct a five foot wide section of sidewalk along
the original street frontage.
4. The owners shall enter into an agreement for an improvement district
for new curb and gutter, drainage and buried electric improvements
along Cooper Street or provide direct reimbursement to the City for
such improvements if a district is not formed.
The Engineering Department's complete comments are attached for your
review.
The Aspen Planning and Zoning Commission reviewed this application at
their regular meeting on April 3, 1979. At that time they recommended your
approval subject to the conditions outlined by the City Attorney and the
City Engineering Department.
We recommend you follow the City Planning and Zoning Commission's
recommendati,on.
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CIT
TO PI ./ d ~. " ..
: ann~ng an n omm~ss~on
FROM: Ron Stock j
RE: Kuen Subdivisi n Application
DATE: April 3, 1979
I have obtained from the applicant a more detailed list of
the rental history of the above property. On examination
I find that the three (3) apartments have been rented on
a yearly basis to the students of the Aspen Music School.
;;owever, ,the period of each rental was never longer than
for eight (8) weeks.
This history of short term rental arguably exempts the
application from the provisions of Ordinance 39.
I recommend to you and the applicant has agreed to accept,
the deed restriction of one unit for a period of five (5)
years under our current guidelines.
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MEMORANDUM
TO:
FROM:
RE:
DATE:
Aspen Planning and Zoning Commission
Richard Grice, Planning Office
Kuen Fourplex Subdivision Exemption
March 28, 1979
The attached application requests subdivision exemption for the purpose of
condominiumization of a fOl!r'plex located on East Cooper Avenue between Original
and West End Streets. A letter from Gideon Kaufman is also attached which addresses
compliance with Ordinance 39. Gideon feels that since these units have been
short termed every winter and rented exclusively to music students in the summer
that they do not fall within the low, moderate or middle income housing range.
The appl i cati on was referred to Ron Stock who comments as fo 11 ows, "I
consider the rental of apartment units to students of the Music School to be
the use of property for low, moderate and middle income housing. I have no
objection to approving the above entitled subdivision exemption provided the
property is restricted to a six month minimum lease with no more than two shorter
tenancies per year and that the three apartments are deed restricted to price
and occupancy guidelines established by the City for low, moderate and middle
income housing."
After having reviewed the improvement survey and making a site inspection,
the Engineering Department finds that there are several items that need
correction. Engineering's recommendation is for approval of the subdivision
exemption subject to the applicant correcting the following:
1. The owner shall install a new water meter and a remote meter reading
register.
2. The owner shall provide three additional new parking spaces on the
North side of Lots K and L.
3. The owner shall construct a five foot wide section of sidewalk along
the original street frontage.
4. The owners shall enter into an agreement for an improvement district for
new curb and gutter, drainage, and buried electric improvements along
Cooper Street, or provide direct reimbursement to the City for such
improvements if a district is not formed.
The Engineering Department's complete comments are attached for your review.
We recommend you approve the subdivision exemption request subject to the
conditions outlined by the City Attorney and the City Engineering Department.
CIT
PEN
MEMORANDUM
DATE:
March 26, 1979
TO:
Richard
FROM:
:<on s~o~~
Kuen Condominiumization
RE:
I consider the rental of apartment units to students of the
Music School to be the use of property for low, moderate and
middle income housing.
I have no objection to approving the above-entitled subdivision
exemption provided the property is restricted to a six-month
minimum lease with no more than two shorter tenancies per year
and that the three apartments are deed restricted to price and
occupancy guidelines established by the City Council for low,
moderate and middle income housing.
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CITY OF ASPEN
130 south galena
aspen~ colorado
s t re e t
81611
MEMORANDUM
TO:
FROM:
DATE:
RE:
Richard Grice, Planning
Daniel A. McArthur, Assistant City Engineer
March 23, 1979
Subdivision Exemption Request for Lots k&l, Block Ill, Original Aspen
Townsite
After having reviewed the improvement survey for the above project
and having made a site inspection, the Engineering Department finds that
there are several items which need corrections are as follows:
1. The owner shall install a new water meter and a remote meter
reading register.
2. As pertaining to the Municipal Code Section 24-4.5, "The owner
is required to provide one parking space per bedroom", however this
is not possible because of a lack of land for possible parking. Therefore
the Engineering Department recommends providing three (3) additional
parking spaces for the above exemption on the north side o~ Lots k&l.
3. The owner shall be required to enter into a standard agreement
and set aside three (3) dollars a square foot in escrow for participation
in a new sidewalk along Original Street. The owner shall be required to
enter into a standard agreement for participation in a curb and gutter
improvement district or provide direct reimbursement to the City of Aspen
for such improvements if a district is not formed for curb and gutter
along Cooper Street.
The Engineering Department's recommendations will be for approval
for the above subdivision exemption requests subject to the applicant
correcting the following:
1. The owner shall install a new water meter and a remote meter
reading register a
2. The owner shall provide three (3) additional new parking spaces
on the north side of Lots k&l.
3. The owner shall construct a five (5) foot wide section of
sidewalk along the Original Street frontage.
4. The owner shall enter into an agreement for an improve-
ment district for new curb and gutter, drainage, and buried
electric improvements along Cooper Street, or provide direct
reimbursement to the City for such improvements if a district
is not formed.
cc: Gideon Kaufman
DAM/pr
['lFi-IORANDUi'1
TO:
Dave Ellis, City Engineer
vROn Stock, City Attorney
FROi~:
RE:
Planning Office, Richard Grice
Kuen Four-P1ex Condominiumization
DinE:
t~arch 6, 1979
Attached is an appl'ication for condorniniumization of a four-plex owned
by Artur and Elfriede Kuen. May I please have your comnents on this appl ication
by Tuesday, March 27,1979 so that I may present this application to the Aspen
Planning and Zoning Commission at their regular meeting scheduled for Tuesday,
April 3, 1979. If you cannot meet this deadline, please contact me immediately
at ext. 223. Thank you. .
GIDEON I. KAUFMAN
cA1tsw~ at ~
BOX 10001
'280 UTE AVENUE
ASPEN. COLORADO 81611
NEW ADDRESS:
Box 10001
611 West Main Street
Aspen, Colorado 81611
(303) 92S-a' 66
Harch 1, 1979
Mr. Richard Grice
Planning and Zoning Office
City of Aspen
130 South Galena
Aspen, Colorado 81611
Re: Condominiumization of Kuen Property
Dear Richard,
I am writing to you on behalf of Artur and Elfriede
Kuen, who are seeking to condominiumize a four- (4) plex
that is presently in existence.
The lower level of the Kuen property has served as
their family residence for over ten (10) years. On the
second level, the Kuens have constructed in the past two and
one-half (2-1/2) years three (3) apartments which have been
rented short term every winter since their construction. In
the summer, these units have been rented exclusively to music
students for the term of the music festival. An examination
of the history of the property reveals that the apartments and
the Kuens' primary residence do not fall within the type of
housing that Ordinance 39 is attempting to protect. None of
the units has ever been within the pool of low, moderate or
middle income housing; and, therefore, no restrictions should
be placed either on the rental or sale of these units, once
they become condominiumized.
Much thought and work went into the drafting of
Ordinance 39, and the type of units that the council was
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Mr. Richard Grice
March 1, 1979
Page Two
determined to save has been clearly defined. I feel there is,
therefore, no question that the units that the applicants are
seeking to condominiumize are clearly excluded from the purview
of Ordinance 39 and that the condominiumization of these units
should be approved without qualification.
If you have any questions concerning this matter,
please feel free to contact me.
Very truly yours,
~,~
Gideon Kaufman
GK ch
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APPLICATION FOR EXEMPTION
FROM
SUBDIVISION REGULATIONS
Request is hereby made on behalf of Artur Kuen and
Elfriede Kuen (hereinafter referred to as "applicants") under
~20-19~) of the Aspen, Colorado, subdivision regulations for
an exemption from the definition of the term "subdivision" with
respect to the real property described as
Lots K & L, Block III
City and Townsite of Aspen
County of Pitkin
State of Colorado.
It is submitted that an exemption in this case would be appro-
priate. The application involves subdivision of an existing
structure. A subdivision of one lot with a family residence
and three (3) apartments thereon creates conditions whereby
strict compliance with subdivision regulations would deprive
the applicants of reasonable use of their land. If an exemption
is granted, the owners of the property will have a common
interest in the land; and there will be a condominium declara-
tion applicable to the property which will not in any way
increase the land use impact 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 development of the City of
Aspen, to ensure the proper distribution of population, to
coordinate the need for public services, and to encourage well
planned subdivisions.
The granting of this application will not undermine the
intent of the subdivision regulations, as it is clearly within
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the area intended for exemption under ~20-19. The building
is already in existence, and there will be no change in the
density which is presently in line with the desired population
density for the property. A follow-up letter will be submitted
concerning the proposed condominiumization's compliance with
the new condominiumization ordinance. The application would
appreciate your consideration of this application at your next
regular meeting.
Dated:
February 20,
1979.~ J
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Gi: eon I K2{;man
Attorney for Applicants
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MEMORANDUM
TO: Dave Ellis, City Engineer
Ron Stock,City Attorney
FROM: Planning Office, Richard Grice
RE: Kuen Four-Plex Condominiumization
DATE: March 6, 1979
Attached is an application for condominiumization of a four-p1ex owned
by Artur and E1friede Kuen. May I please have your comments on this application
by Tuesday, March 27, 1979 so that I may present this application to the Aspen
Planning and Zoning Commission at their regular meeting scheduled for Tuesday,
April 3, 1979. If you cannot meet this deadline, please contact me immediately
at ext. 223. Thank you.