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Home My WebLink Aboutcoa.lu.ec.Landow Shwartzbach -- 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 Name: IJ.~ 'f /-h.:;L f3q-j i7'19 Address: ~ fi 0.20 I ) Check No. lID '1 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 -"" (, D.OD Project: lQ~ Phone: K?5-/?OtJO Date: Receipt No. P 5-7-&) CITY OF AS~EN . MEMO FROM SUNNY VANN ...eS/2"7 U/.//Zb/~. 6.><'. ~ ~ ~ "5"/R6C."/ -4/?O'~S / ~SC ~4z. ~/~ 2. ,;<..bn= :z::c:x//A./9 /5 ~r ,,~. / ~ ~GC..;r n::::, ~4/~-<< LDT AR64 R~/"i"'~L-/e~ :? /N /(//P/770/'/ ~ r:O, ffB"~ //-./e.//-?;f77~ /'f/?O ~/---//-/e-HT 77/A T ..-1"P~CJtNr ~ /3e' .4--:::f/f6 "$/,fT"fm- ~ /:A!3V~/-/e/-// /'$ ~LXV8"" T-2Z>-~~ 1-S/z.€ ar /'J?:>~ /?c..fl..EX "S'U/3../&::,r ~ #2~ f ,;) ./ :'--/1;' . ,"j' /,1, ~. \'~.- l, ".:' '}'/-"/") r\"i,J).,'!_{\-,) i : . " MEMORANDUM TO: Ron Stock, City Attorney Dan McArthur, City Engineer FROM: Sunny Vann, Planning Office RE: Landow Subdivision Exemption DATE: May 12, 1980 The attached is an application for subdivision exemption submitted by Nathan Landow for the property located on Block 119, on East Durant Avenue, Thi item is scheduled to come before Aspen Planning and Zoning Commission on Jun 17, 1980; therefore, may I please have your written comments no later than May 27, 1980? (The early due-date for your referral takes into account my vacation the first two weeks of June.) Thank you. HOLLAND & HART WASHINGTON, Q. C. OFrlCE. 1875 EYE STREET, N. W. SUITE 1200 WASHINGTON, O. C. 20006 TELEPHONE (202) 466-7340 ATTORNEYS AT LAW DENVER,COLORADO OFFICE 555 SEVENTEENTH STREET MOUNTAIN PLAZA 8UILDING 434 EAST COOPER STREET ASPEN, COLORADO 81611 TELEPHONE (303) 925-3476 SUITE 2900 DENVER,COLORADO 80202 TELEPHONE(303l575-6000 CHARLES T. BRANDT (303) 925-3476 Auqust 26, 1980 Mr. Ronald Stock City Attorney Ci ty of Aspen 130 S. Galena Aspen, Colorado 81611 ReI Landow/Schwartzbach Subdivision Exemption Applications (Condominiumization of 2 duplexes presently under construction) Dear Ronl I am writing to set forth the position of Messrs. Landow and Schwartzbach with respect to the referenced subdivision exemption request. The applications were recommended for approval by the Planning Office on June 9, 1980, and were considered by the Planning and Zoning commission on June 17, 1980. At that time the applications were tabled pending consideration of the issue of whether the proposed condominiumizations will reduce the supply of low and moderate income housing, Sunny Vann, Jim Rentz and I have agreed to table the applications pending receipt at your opinion on the applicability of Section 20-22 of the Aspen Municipal Code to new structures. The acquisition and rental history of the two properties is a. follows. Nathan Landow acquired Lots D and E, Block 119, in September of 1978. Mr. Schwartzbach acquired the adjacent 3 lots, A, Band C, Block 119, in April, 1979. Since their acquisition the one-story houses existing on both prop- erties have been rented at rates within the low, moderate, and middle housing price guidelines, The tenants were given notice to vacate the premises as of April of 1980. Following vacation by the tenants the existing buildings were demolished pursuant to building permits for such demo- lition. Prior to demolition, the owners had offered the houses HOLLAND &HART Mr. Ronald Stock August 26, 1980 Page Two to City of Aspen, to be IIlOVed and used as employee housinq elsewhere. The City refused this offer. According to Jim Rentz, the houses were not habitable because they did not meet the buildinq or thermal codes, and his office determined that bringing the buildings up to code would be prOhibitively expensive. Messrs. Landow and Schwartzbach wish to condom1niumize the duplexes presently being constructed on their property. Objections have been raised to these exemptions on the grounds that since the owners required their tenants to vaoate the houses, they failed to demonstrate that condominiumization will not reduce the supply of low and moderate income housing, as required by the Aspen Municipal Code Seotion 20-22(0), It is our position that Section 20-22(c) is a condominium conversion ordinance and as such does not apply to condo- miniumizatlon of new structures. That section requires an applioant to demonatrate that -approval will not reduce the supply of low and moderate inOOllle housinq. - What is requested, however, is the approval for condominiumization of two new buildings. In short, new buildinqs without a rental history cannot possibly reduce the supply of low and moderate income housinq. In addition, other language of Section 20-22(c) of the Code, delineatinq criteria for determination of whether a particular conversion will reduce housing supply, reinforces the conclusion that this section of the code applies to condominium conversions and not to condominiumization of new structures. Section 20-22(3) requires that eXistin~ tenants be given written notice when their units is offere for sale,.," Section 20-22(c) (1) refers to -tenants displacement as a result of the conversion." (EmphasiS supplied) Section 20-22(c) (4) refers to increases in the rental price of the unit after condominiumization. Moreover, Section 20-22 contains an exception for "lawfull displacement,. which applies to the property in question. The tenants were required to vacate the buildings so that they could be demolished. The buildings had been offered to the City but were rejected because they were virtually unhabitable for failure to meet City building codes. Aspen HOLLAND &HART Mr, Ronald Stock August 26, 1980 Page Three Municipal Code, Section 7-142 (a) provides "it shall be unlawful for any person, firm or corporation to . . . use, occupy or maintain any building or structure in the City or cause the same to be done, contrary to or in violation of any of the provisions of this code." Under this provision, continued occupancy by the tenants of this sub-code building was unlawful. Thus any displacement of tenants unlawfully occupying the building constituted "lawful displacement" under Code Section 20-22(c) (2), and makes evidence of such displacement irrelevant to a determination of whether the subdivision exemption sought for the new duplex units would reduce the supply of low and moderate income housing. I would be happy to meet with you to discuss this question further should you wish. Your prompt opinion on the foregoing issues would be greatly appreciated. Very truly yours, ~l~Ll,- Charles T, Brandt for Holland & Hart CTB/fh cc: Nathan Landow Saul M. Schwartzbach Sunny Vann ~ /,,\ /'-"-. , """" MEMORANDUM TO: Aspen Planning and Zoning Commi~si~n Aspen City Council FROM: Sunny Vann, Planning Office RE: Landow Subdivision Exemption DATE: June 9, 1980 ---c'~-( ~ Zoning: Location: 915 East Du Aspen and Townsite of Lot Size: 6,000 square feet Not applicable; proposed duplex. The previously existing single family unit has been removed. Rental History: Housing Director's Comments: Not applicable. Engineering Comments: The Engineering Department recommends approval of the applicant's request provided that the owner/appli- cant complies with the following conditions: 1) That the owner/applicant submit a site plan showing: A) Sidewalk along Durant Avenue. B) Parking as required by the Municipal Code. C) A 10' x 10' e 1 ectri ca 1 easement in the south- east corner of Lot E to accommodate a trans- former in the event the electric lines in the alley are undergrounded. D) Show new construction indicating setbacks. E) Indi'cate individual units and any areas reserved for common use (ie. shared mechanical rooms, utility service areas, parking, etc.). 2) That the owner/applicant be required to construct a 5' sidewalk along Durant Avenue. Attorney's Comments: If the appl i cant "s request for subdi vi si on exempti on is granted, the approval should be conditioned upon the applicant restricting each unit to six-month mini- mum leases with no more than two shorter tenancies in a calendar year, pursuant to Section 20-22 of the Muni- cipal Code. Planning Office Recommendation: The Planning Office recommends approval of the appli- cant's request for subdi vi's i on exempti on subject to: 1) The applicant complying with the conditions des- cribed in the Engineering Department's memorandum of June 4, 1980, as quoted above, prior to the issuance of a building permit, 2) The applicant meeting the requirement of six-month minimum leases, pursuant to Section 20-22, and 3) The proposed duplex complying with the bedroom:lot square footage limitation of the R/MF Zone dis- - "'" "'" ......,I Memo: Landow Sub. Exemption June 9, 1980 Page Two P & Z Action: trict as described in Section 24-3.4, "On sites 9,000 sq. ft. or less, the following square foot- age requirements; 1,200 - 1 bedroom, 2,000 - 2 bed- room, 3,000 - 3 bedrooms." Therefore, that the duplex units be limited to three bedrooms per unit. The Planning and Zoning Commission concurred with the Planning Office recommendation at its November 18, 1980 meeting. Council Action: Should Council also concur, the appropriate motion is as follows: "1 move to approve the Landow request for subdivision exemption for the purpose of condominiumization sub- ject to the following conditions~ 1. The applicant complying with the conditions des- cribed in the Engineering Department's memorandum dated June 4, 1980. 2. The applicant complying with the six-month minimum lease restriction of Section 20-22. o o HOLLAND & HART ATTORNEYS AT LAW AREA CODE 303 555 SEVENTEENTH STREET 5 U ITE 2900 DENVER,COLORADO MAILING ADDRESS P,O. BOX 8749 DENVER COLORADO 80201 CABLE ADDRESS 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 925-3476 AREA CODE 303 1-1ay 7, 1980 HAND DELIVERY Planning Commission City of Aspen 130 S. Galena Aspen, Colo. 81611 Re: Application of Nathan Landow for Exemption from Aspen Subdivision Regulations Sirs: Enclosed please find the above-referenced Application, together with our check in the amount of $50.00 in payment of the required Exemption Fee and 3 copies of a plat of this property. Please set this matter for consideration by the Planning and Zoning Commission at the earliest con- venient date. Very truly yoursr tt~~- 'l/J.../ Charles T. Brandt for Holland & Hart CTB/dv Enclosure cc: Nathan Landow I"'" ~ ,....., ,j , APPLICATION FOR EXEMPTION FROM ASPEN SUBDIVISION REGULATIONS Pursuant to Section 20-19 of the Municipal Code of the City of Aspen, Colorado, the undersigned hereby submits to the Aspen Planning Commission this written application for exemption from the definition of a subdivision as set forth in the Aspen, Colorado, Subdivision Regulations. The applicant is the owner of the following-described real estate located in the City of Aspen, County of Pitkin, State of Colorado, to wit: Lots D and E, Block 119, City and Townsite of Aspen. 11-; 6 'D\!y~!\r ~\,~ The existing single family dwelling on the above described real property has been removed. The applicant intends to construct a residential duplex on the real property and desires to condominiumize the duplex structure into two separate condominium units. The applicant respect- fully requests exemption from the definition of a subdivi- sion for the fOllowing reasons: 1. There are special circumstances or conditions affecting the subject property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land. Condominiumization of new structures in the City of Aspen has uni- formly been granted by the City of Aspen subject to the imposition of certain conditions. To compel the applicant to process his condomin- iumization under the applicable subdivision regulations would be an undue burden and incon- sistent with the established precedent. 2. The exemption is necessary for the preservation and enjoyment of a substantial property right of the applicant. For the reasons stated above, the pursuit of subdivision approval would hinder the applicant in offering one of the two duplex condominium units for sale and would be incon- sistent with the precedent established on such matters. 3. Granting the exemption will not be detrimental to the public welfare or injurious to other property in the area in which the subject property is situated. The supply of low and moderate income housing will not be reduced by the con- dominiumization of a newly-constructed duplex. The established precedent of exempting condo- miniumization of new structures from the Subdivision Regulation evidences recognition that the public welfare and other property rights are not detrimentaly affected by such condomin- iumization. ,..... 'v ...... -' 4. The division of land here involved is not within the intent and purpose of the Subdivision Regu- lation. 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 and improve- ments; to improve land records and survey monu- ments by establishing standards for surveysr plans and plats; to safeguard the interests of the public and the subdivider and provide con- sumer 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." Section 20-2, Purpose and Intent. Condominiumi- zation of a newly-constructed duplex does not compromise the above-listed concerns intended to be addressed by the Subdivision Regulations, and is thus not within the intent and purpose of those regulations. 5. Section 20-22, Condominiumization, does not apply to this case because a new duplex struc- tured is to be constructed, so that tenant displacement and reduction of low and moderate income housing will not occur if the duplex is condominiumized. Respectfully submitted, () i~{r- j/J~_./ Charles T. Brandt, Attorney for Nathan Landow - 2 - ,,-.. ....... MEMORANDUM TO: Sunny Vann, Planning Office FROM: Jay Hammond, Engineering Office DATE: June 4, 1980 RE: Landow Subdivision Exemption, Lots D and E, Block l19,O.A.T. Having reviewed the above application for subdivision exemption and made a site inspection, the Engineering Department recommends the following: 1) That the owner/applicant submit a site plan showing: A) Sidewalk along Durant Avenue. B) Parking as required by the municipal code. C) A 10' x 10' electrical easement in the southeast corner of lot E to accomodate a transformer in the event the electric lines in the alley are undergrounded. D) Show new construction indicating setbacks. E) Indicate individual units and any areas reserved for com- mon use (ie. shared mechanical rooms, utility service areas, parking, etc.). 2) That the owner/applicant be required to construct a 5' side- walk along Durant Avenue. The Engineering Department recommends approval of the Landow Sub- division Exemption provided the owner/applicant complies with the a- bove condit ions. .. .......,""' .....-/ ,......" '.....~ No. 12.-80 CASELOAD SUMMARY SHEET Ci ty of Aspen 1. DATE SUBrHTTED: 5/15/80 STAFF: Sunny Vann 2. APPLICANT: Nathan Landow 3. REPRESENTATIVE: Chuck Brandt, Holland & Hart 925-3476 4. PROJECT NAME: Landow Subdivision Exemption 5. LOCATION: 6. TYPE OF APPLICATION: __Rezoning P.U.D. ______Special Review _Growth 1.1anagement Subdivision Exception / V Exempti on 70:30 Residential Bonus _____Stream Margin 8040 Greenline View Plane Condit i ona 1 Use Other HPC a-J\/7::')..c./I/i/C'/.//Z47/:";'{/ . l. R.EFERRALS: / fittorney _ /Engineering Dept. _......---!1ousing ~Jater City Electric School District _____Rocky Mtn. Nat. Gas __Sta te Hi ghway Dept. Other Sanitation District Fire Marshal ---- Parks Holy C)'OSS Electric ~~ountain Bell pj.~ . 8. REVIE\~ REQUIREMENTS: / ~/L , U/ :'<~../L , ./ c" -------------.-- c - '-' 9. DISPOSITION: p & Z j G:,L~ \; CO~~ . ~~ f'<1>r\~(;A~ Ul'~~~~~ w.6L ~ ~> ~(ALC~ \,~ ~ ~~\~e..€..-~:+-~~"",J.'-2 ~L.J Q~ 61~ lye v) 64.- ~\\""J. w-Q.e.,Xi ~ ~v\;,~.J oq.. <?,-.( W\i)4 '^""Vv\ v'^-'^~ \~ ~) ~ ~ VVV\~ ~~ \,\~\~ ~ ~ ~'> '~ ,,'^-,~ <Hl ~S ~ ~ ~ \.0'\ <=:.\~~ "Q()\~ \ ''''""',* 4\.\c.1l,^ Q ~ ~ ll.. \ w-t -z.o~ JL,I~ APproved-.! Denied Date I\()L!~&l \'6' Il60 I Counci 1 ,/ APproved~ ~ "^' \ k. 64- Denied -- ....j \.0 ,~ 0 ~ Date ~..P^^, ~<6, \'1'00 , ~~h 10. ROUTING: _LAttorney fBUilding ~ Engineering Other ;".'.'^. """." 130 s CITY" ,. MEMORANDUM DATE: May 23, 1980 TO, Sunny ~/ FROM: Ron(~tock ./<y7 RE. Landow~sion Exemption If the above entitled subdivision exemption is granted, the approval should be conditioned upon the applicant meetin9 the following requirements of Section 20-22 of the Municipal Code of the City of Aspen: [ ] Notice and option provisions to current tenants [x] Each unit restricted to six-month minimum leases with no more than two shorter tenan- cies in a calendar year. RWS:mc -, ....... ......', '....i HOLL\.ND 8. H.AH'L' ATTORNEYS AT LAW ARt.'A CODE 303 ~55 SEVENTEENTH STAFET SUITE 2900 DENVER. COLORADO MAILING ADDRLSS P.O BOX 8749 N:NVER. COLORADO 80.201 CABLE ADDRESS HOLHART. DENVER TELfOCQPIEFl 13031 57$-626' n,LEPHONE 575-3000 CHARLES T. BRANDT (303) 925-3476 PLEASE REPLV TO 434 E COOPER STREET. A5PEN, COLORADO 81611 TELEPHONE 9.25-3476 AREA CODE 303 /1ay 7, 1980 HAND DELIVERY Planning Commission City of Aspen 130 S. Galena Aspen, Colo. 81611 Re: Application of Nathan Landow for Exemption from Aspen Subdivision Regulations Sirs: Enclosed please find the above-referenced Application, together with our check in the amount of $50.00 in payment of the required Exemption Fee and 3 copies of a plat of this property. Please set this matter for consideration by the Planning and Zoning Commission at the earliest con- venient date. Very truly yours, /1 I /1/( /2. L--t~~~L---- ~;~~ Charles T. Brandt for Holland & Hart CTB/dv Enclosure cc: Nathan Landow ....,...".,.-. 1 , , , , " , r"- "'~ ,,-u<< -, APPLICATION FOR EXEMPTION FROM ASPEN SUBDIVISION REGULATIONS Pursuant to Section 20-19 of the Municipal Code of the City of Aspen, Colorado, the undersigned hereby submits to the Aspen Planning commission this written application for exemption from the definition of a subdivision as set forth in the Aspen, Colorado, Subdivision Regulations. The applicant is the owner of the following-described real estate located in the City of Aspen, County of Pitkin, State of Colorado, to wit: Lots D and E, Block 119, City and Townsite of Aspen. T'he existing single family dwelling on the above described real property has been removed. The applicant intends to construct a residential duplex on the real property and desires to condominiumize the duplex structure into two separate condominium units. The applicant respect- fully requests exemption from the definition of a subdivi- sion for the following reasons: 1. There are special circumstances or conditions affecting the subject property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land. Condominiumization of new structures in the City of Aspen has uni- formly been granted by the City of Aspen subject to the imposition of certain conditions. To compel the applicant to process his condomin- iumization under the applicable subdivision regulations would be an undue burden and incon- sistent with the established precedent. 2. The exemption is necessary for the preservation and enjoyment of a substantial property right of the applicant. For the reasons stated above, the pursuit of subdivision approval would hinder the applicant in offering one of the two duplex condominium units for sale and would be incon- sistent with the precedent established on such matters. 3. Granting the exemption will not be detrimental to the public welfare or injurious to other property in the area in which the subject property is situated. The supply of low and moderate income housing will not be reduced by the con- dominiumization of a newly-constructed duplex. The established precedent of exempting condo- miniumization of new structures from the Subdivision Regulation evidences recognition that'the public welfare and other property rights are not detrimentaly affected by such condomin- iumization. t"''' ....... /'""" ~ 4. The division of land here involved is not within the intent and purpose of the Subdivision Regu- lation. That purpose is "to assist the ordeily, 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 and improve- ments; to improve land records and survey monu- ments by establishing standards for surveys, plans and plats; to safeguard the interests of the public and the subdivider and provide con- sumer 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." Section 20-2, Purpose and Intent. Condominiumi- zation of a newly-constructed duplex does not compromise the above-listed concerns intended to be addressed by the Subdivision Regulations, and is thus not within the intent and purpose of those regulations. 5. Section 20-22, Condominiumization, does not apply to this case because a new duplex struc- tured is to be constructed, so that tenant displacement and reduction of low and moderate income housing will not occur if the duplex is condominiumized. Respectfully submitted, Ck . A/f .pL.. ~ l /1 t.-- .- /J'~-"v-- v. /'"-_.' Charles T. Brandt, Attorney for Nathan Landow - 2 -