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HomeMy WebLinkAboutcoa.lu.ex.Latta 1225 Mt View Dr.W. MeadowsVVI -- (�(D LATTA 1225 Mt. Vew Dr ve West Meadows Subdivision E ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 LAND USE APPLICATION FEES County 00100 — 63711 09009 — 00000 Subdivision/PUD 63712 Special Review 63713 P&Z Review Only 63714 Detailed Review 63715 Final Plat 63716 Special Approval 63717 Specially Assigned City 00100 — 63721 09009 — 00000 Conceptual Application 63722 Preliminary Application 63723 Final Application 63724 Exemption 63725 Rezoning 63726 Conditional Use PLANNING OFFICE SALES 00100 — 63061 09009 — 00000 County Land Use Sales 63062 GMP Sales 63063 Almanac Sales Copy Fees Other Name: Project 611 Voct Main Strapt Address:,. Phone: Check No. "' ' Receipt No. P Date: 4b 4 `'� orded at 3:48 p.m. Sep 2, Z980 Loretta Banner Recorder 22061 4,38 Reception No: LATTA-GUBSER CONDOMINIUM3�4 58 (a residential condominium) SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, entered into and made this 27th day of August , 1980, by and between WILLIAM S. LATTA (hereinafter referred to as "subdivider") and THE CITY OF (ASPEN, COLORADO, a Municipal corporation (hereinafter referred to as "City"). W I T N E S S E T H WHEREAS, Subdivider is an owner of a duplex building situate on a tract of land situate in the City of Aspen, Pitkin County, Colorado, more particularly described on Exhibit A attached hereto and incorporated herein by this reference, and WHEREAS, Subdivider has submitted to City for approval, execution and recording a final subdivision plat of the above -described property, such subdivision to be known and designated as "Latta-Gubser Condominium", and WHEREAS, the City has fully considered such subdivision plat, the proposed condominiumization of the improvement of the property shown thereon, and is willing to approve,execute and accept the plat for recordation upon the agreement of subdivider to the matters hereinafter described, which matters are deemed necessary to protect, promote and enhance the public welfare, and WHEREAS, Subdivider and City wish to reduce this agreement to writing, NOW THEREFORE, in consideration of the premises, the mutual covenants herein contained, the parties hereto agree as follows: = 394 59 0 1. Any existing tenant shall be given written notice in the event that tenant's unit is offered for sale, which notice shall specify the sales price. Each tenant (shall have an exclusive non assignable right for the ninety (90) days following the tenant's receipt of the notice to purchase his/her unit at the price specified in the notice. 2. Each tenant shall have a ninety (90) day exclusive non assignable right of first refusal to purchase his/her unit, which shall commence when a bona fide offer is made by a third person and accepted by the owner and notice of the offer and acceptance and a copy thereof have been delivered to the tenant. In the event this notice of offer and acceptance is delivered to the tenant while the ninety (90) day right set forth in paragraph one (111) above is still in effect, the tenant may purchase the unit for the amount of the initial specified sales price or the amount of the bona fide offer, whichever is less. 3. Each unit of the duplex shall be restricted to (six (6) month minimum leases with no more than two (2) (shorter tenancies per year. 4. In the event a bona fide offer to purchase Unit #2 of the duplex, also known as 1227 Mountain View Drive, is (made to and accepted by Nicholas J. Gubser and Margaret B. Gubser as the owners of the unit, the City of Aspen shall have a ninety- (90) day exclusive non assignable right of (first refusal to purchase the unit for the purchase price of one hundred sixty-five thousand dollars ($165,000.00) plus any increases as permitted by the City of Aspen Housing Authority as dictated by increases in the cost of living, which - 2 - =394 1 6C rVJ CA ninety-(90) day period shall commence when notice of the offer and acceptance and a copy thereof have been delivered to the City of Aspen. The City of Aspen shall give written notice to the owner of the unit of its intent or nonintent to exercise this right of first refusal within the ninety- (90) day period. This right of first refusal to the City of Aspen shall be superior to and have priority over any other right of first refusal set forth in this Agreement. The restrictions contained in this paragraph four (114) are to run with the land and shall be binding on the owner, his successors and assigns and all persons claiming under them for a period of three (3) years from the date of execution of this Agreement IN WITNESS WHEREOF, the parties have hereto executed this Agreement as the day and year first above written. WILLIAM S. LATTA �� ; . Attest '_FIftYN! K09fi, City Cler .STATE OF COLORADO ) ss. COUNTY OF PITKIN ) CITY OF ASPEN li• , By HERMAN EDEL, Mayor Acknowledged, s bscribed and sworn to before me this day of 6zu'O-- , 1980, by WILLIAM S. LATTA. Witness my hand and official seal. My commission expires: 1 ,)1' Notary Public - 3 - r O�t l�o No. q7 - hD CASELOAD SUMMARY SHEET City of Aspen 1. DATE SUBMITTED:— _j 3�. MOO— STAFF: V✓G�a�- 2. APPLICANT: 3. REPRESENTATIVE: 6, deck- /:�D L- F11 - ak 4. PROJECT NAME: LahL C — Leeo K45L4ye� -&7n 5. LOCATION: 1 Z Z <�- — ) -2. Z - /L1ov�,� ( aty'e� D� ✓� We S-f- Me0-A 5 SI%�cfi 5/ elW 6. TYPE OF APPLICATION: Rezoning P.U.D. Special Review Growth Management HPC �( Subdivision _Exception Exemption 70:30 Residential Bonus Stream Margin 8040 Greenline View Plane Conditional Use Other h k a ( E/-� Qe �e �. Gv� �i'c�., Ld riled 14 /2_�— yo -G ay llezr REFERRALS: Attorney Engineering Dept. Housing Water City Electric Sanitation District Fire Marshal Parks Holy Cross Electric Mountain Bell 8. REVIEW REQUIREMENTS: �-� C School District Rocky Mtn. Nat. Gas State Highway Dept. Other 9. DISPOSITION: P & Z V Approved V Denied Date D "x4t t4, lea �e �75-, e,)� _ /�� (.f - D � ✓rD 7 t/ S a / l.� (�//� Council Approved ✓ Denied Date /4 D 41 10. ROUTING: Attorney Building Engineering Other MEMORANDUM TO: Aspen Planning and Zoning Commission Aspen City Council FROM: Jolene Vrchota, Planning Office RE: Latta Subdivision Exception - Reconsideration DATE: August 13, 1980 / (Approved as to form City for Y Council ZP6V6"a Background At its January 14, 1980 meeting, City Council approved a subdivision exception for condominiumization of the Latta duplex (1225 - 1227 Mountain View Drive, West Meadows Subdivision). The lot had not been platted previously, therefore City Council approved an exception rather than an exemption from full subdivi- sion (on the recommendation of the Engineering Department) with the following conditions: 1. The owner/applicant shall comply with six-month minimum lease restrictions (Section 20-22 of the Aspen Municipal Code). 2. Upon the sale of the currently -rented half of the duplex, the owner/ applicant shall impose a three-year deed restriction, to include res- triction of price/occupancy to meet City guidelines and to give right - of -first -refusal to the City. One half of the duplex has been owner -occupied for the past 7 years; the other half has had the same renter for the past 5 years. In order to minimize impact on the employee housing stock, the applicant agreed at the time of approval to sell half of the duplex to the current renter with restrictions described above. The technicalities of financing and selling the unit, however, took more than the 90-day period allotted for recordation of the final plat. According to Section 20-14(e) of the Municipal Code, the plat has therefore become invalid. Reconsideration and approval of the priliminary and final plat by P & Z and City Council, respectively, are required before its accep- tance and recording. (See attached copy of original application and referral.) Planninq Office Recommendation The Planning Office recommends that the P & Z approve the preliminary sub- mission on reconsideration, considering that no changes in regulations have been made and that the applicant has fulfilled his obligation to sell to the current tenant. P & Z Recommendation P & Z will consider this application at its regular meeting on August 19, 1980. Suggested Council Motion Move to approve final plat for condominiumization of the Latta duplex (1225- 1227 Mountain View Drive, West Meadows Subdivision) conditioned on the owner/ applicant complying with six-month minimum lease restrictions required in Section 20-22 of the Municipal Code. GIDEON I. KAUFMAN DAVID G. EISENSTEIN LAW OFFICES GIDEON I. KAUFMAN BOX 10001 611 WEST MAIN STREET ASPEN, COLORADO 81611 July 31, 1980 Jolene Vrchota City of Aspen Planning Office 130 South Galena Aspen, Colorado 81611 Re: Latta Condominiumization Dear Jolene, TELEPHONE AREA CODE 303 925-8166 I represent William Latta, and on his behalf, recently secured from the City an Exception from Subdivision for the condominiumization of his property located at (see Exhibit A attached hereto). This Exception received P & Z approval and final City Council approval. After securing City Council approval, we unfortunately ran into a number of problems that prevented us from filing the Final Plat in a timely fashion. §20-14(e) of the Municipal Code of the City of Aspen requires that a subdivider record the Final Plat within ninety (90) days following full subdivision approval. We are, therefore, requesting reconsideration and approval by the planning commission and City Council per §20-14(e). I believe that this matter can be expediously accomplished. Nothing has changed to affect the validity of the recent Exception, no ordinances have passed nor has there been a change in Council position that would prevent the Exception today. If you have any questions on this matter, I would be happy to discuss them with you. I hope we can set this matter on the next available P & Z agenda, August 19, 1980. Very truly yours, #deonKaufman GK kw Enclosure EXHIBIT A A tract of land situate•in the}' TownShl'1%! of Section ;ship 10 South, Range 85 West of the 6th Principal Meridian ,more fully described as beginning at a" point whence the 1/! Section Corner between Sections 11 and12, Township 10 South° ;Range 85 West of the 6th Principal Meridian -of the R Survey bears South 14020' W. 2498 fee t],thence South BS"lS�b� _ East 906 feet to the point of true beginning; thence Nor th:6�30' East 98 feet; thence South 85015' East 179.feetl.thence South;6030!i West 98 feet; thence North 85015' West 179 feet to the point -'of true beginning, containing 0.398 acres more or less.`_:Together'r with a right of way over a road twelve feet wide.l in east of a line beginning at t$e northwest corner of Ahe beae y, ely described land thence North 6 30' East 320 feet. MEMORANDUM TO: Aspen Planning and Zoning Commission Aspen City Council FROM: Jolene Vrchota, Planning Office RE: Latta Subdivision Exception - Reconsideration DATE: August 13, 1980 (Approved for submission to City Council ) City Manager Background I Vh%fT-,- At its January 14, 1980 meeting, City Council approved a subdivision exception for condominiumization of the Latta duplex (1225 - 1221 Mountain View Drive, West Meadows Subdivision). The lot had not been platted previously, therefore City Council approved an exception rather than an exemption from full subdivi- sion (on the recommendation of the Engineering Department) with the following conditions: 1. The owner/applicant shall comply with six-month minimum lease restrictions (Section 20-22 of the Aspen Municipal Code). V who-✓ 2. Upon the sale of the currently -rented half of the duplex, the owner/ applican res- triction of thprice/occcupancyall impose a rto eet City guidelineee-year deed s nand otongive eright- Cru'i of -first -refusal to the City. One half of the duplex has been owner -occupied for the past 7 years; the other half has had the same renter for the past 5 years. In order to minimize impact on the employee housing stock, the applicant agreed at the time of approval to sell half of the duplex to the current renter with restrictions described - 1 above. The technicalities of financing and selling the unit, however, took more than the 90-day period allotted for recordation of the final plat. According to Section 20-14(e) of the Municipal Code, the plat has therefore become invalid. Reconsideration and approval of the priliminary and final plat by P & Z and City Council, respectively, are required before its accep- tance and recording. (See attached copy of original application and referral.) Planning Office Recommendation The Planning Office recommends that the P & Z approve the preliminary sub- mission on reconsideration, considering that no changes in regulations have been made and that the applicant has fulfilled his obligation to sell to the current tenant. -JI gl2ol8o /74 :a rt VetA-pdgr" y-v pre k r" lye, �1 G`z-t LAW OFFICES • GIDEON I. KAUFMAN DAVID G. EISENSTEIN GIDEON 1. KAUFMAN BOX 10001 611 WEST MAIN STREET ASPEN. COLORADO 81611 July 31, 1980 Jolene Vrchota City of Aspen Planning Office 130 South Galena Aspen, Colorado 81611 Re: Latta Condominiumization Dear Jolene, TELEPHONE AREA CODE 303 925-81 66 I represent William Latta, and on his behalf, recently secured from the City an Exception from Subdivision for the condominiumization of his property located at (see Exhibit A attached hereto). This Exception received P & Z approval and final City Council approval. After securing City Council approval, we unfortunately ran into a number of problems that prevented us from filing the Final Plat in a timely fashion. §20-14(e) of the Municipal Code of the City of Aspen requires that a subdivider record the Final Plat within ninety (90) days following full subdivision approval. We are, therefore, requesting reconsideration and approval by the planning commission and City Council per §20-14(e). I believe that this matter can be expediously accomplished. Nothing has changed to affect the validity of the recent Exception, no ordinances have passed nor has there been a change in Council position that would prevent the Exception today. If you have any questions on this matter, I would be happy to discuss them with you. I hope we can set this matter on the next available P & Z agenda, August 19, 1980. Very truly yours, PdWeon Kaufman GK kw Enclosure EXHIBIT A A tr4R of 'land'sitt uae'•in thc��Sf Township 10 Sou /4 0.fI Sectic;j y more fully describeRange 85 Nest of the.6d as beginning at a ­point whenceathee. l/4 n !Section Corner between Sections 12 and'12, Township 10 South 6th Principal Range 85 West of the Meridian.of the.Xi �.rl Survey bears South 14020' W. - 2498 feet1 . thence South_=B5a15 _ East 98 feet to the point of true 'beginnin thence .North tO - East 98 feetJ thence South 85015' East 179.feetJ thence South�6030!� West 98 feet; thence North 85015' blest 179 feet" the . true beginning,g point)' � containin 0.398 acres more or lesTogetber; ' with a right of way over a road twelve feet wide 1 in east of a line beginning at t�e northwest he' aboeae.ytL-1- corner of ,t described land thence North 6 30' East 320 feet. '� 01 • • MEMORANDUM TO: Aspen Planning and Zoning Commission Aspen City Council FROM: Sunny Vann, Planning Office RE: Latta Subdivision Exemption DATE: December 14, 1979 Zoning: R-15, Residential Location: 1225/1227 Mountain View Drive (West Meadows Subdivision) Lot Size: Approximately 17,534 square feet Rental History: One-half of the Latta duplex has been owner occupied since 1973. The remaining unit has been leased to its current tenants for approximately five years. Engineering Comments: The Latta property has never been platted. For this reason, the Engineering Department recommends that the applicant be granted an exception from full subdivision compliance rather than subdivision exemption. Specifically, Engineering recommends that you grant an exception from conceptual review before City Council and preliminary plat before the Planning and Zoning Commission. The Engineering Department's comments are contained in a memorandum dated December 12, 1979, which is attached for your review. Attorney's Comments: Owner/applicant should be required to obtain full subdivision or subdivision exception review rather than exemption in order to secure a final plat for the property. Any approval, however, should be conditioned upon the owner/ applicant complying with the six month minimum lease restriction of Section 20-22 of the Municipal Code. Housing Director's Comments: No objection, impact negated by proposed sale to the current tenant with additional safeguard in the form of proposed three year deed restriction. Planning Office Recommendation: Denial of request for subdivision exemption and approval of exception from full subdivision review. Approval to be conditioned upon the owner/applicant complying with the six month minimum lease restriction of Section 20-22 and the imposition of a three year deed restriction, said restriction to be based upon price and occupancy guidelines for the low, moderate and middle income housing pool. P and Z Recommendation: Concurred with Planning Office recommendation. MEMORANDUM TO: Sunny Vann, Planning Office FROM: Jay Hammond, Engineering Office DATE: December 12, 1979 RE: Latta Subdivision Exemption, Southwest 1/4, Section 1, T10S, R85W of the 6th P.M. Having reviewed the survey map for the above subdivision exemption and having made a site inspection, the Engineering Department recommends the following: 1) We recommend denial of the Latta Subdivision Exemption and recommend Mr. Latta be granted an exception from full subdivision compliance. Mr. Latta's exception would re- quire conceptual from Planning and Zoning and final approval from City Council for the final plat. 2) We recommend the improvement survey as submitted by the owner/applicant be accepted as a conceptual plat. 3) We recommend that the owner/applicant follow section 20-14 of the Municipal Code regarding final plat procedures, and submit a final plat for review by the Engineering De- partment per section 20-15 prior to placement on the Council agenda. 0 • MEMORANDUM TO: Aspen Planning and Zoning Commission Aspen City Council FROM: Sunny Vann, Planning Office RE: Latta Subdivision Exemption DATE: December 14, 1979 Zoning: R-15, Residential Location: 1225/1227 Mountain View Drive (West Meadows Subdivision) Lot Size: Approximately 17,534 square feet Rental History: One-half of the Latta duplex has been owner occupied since 1973. The remaining unit has been leased to its current tenants for approximately five years. Engineering Comments: The Latta property has never been platted. For this reason, the Engineering Department recommends that the applicant be granted an exception from full subdivision compliance rather than subdivision exemption. Specifically, Engineering recommends that you grant an exception from conceptual review before City Council and preliminary plat before the Planning and Zoning Commission. The Engineering Department's comments are contained in a memorandum dated December 12, 1979, which is attached for your review. Attorney's Comments: Owner/applicant should be required to obtain full subdivision or subdivision exception review rather than exemption in order to secure a final plat for the property. Any approval, however, should be conditioned upon the owner/ applicant complying with the six month minimum lease restriction of Section 20-22 of the Municipal Code. Housing Director's Comments: No objection, impact negated by proposed sale to the current tenant with additional safeguard in the form of proposed three year deed restriction. Planning Office Recommendation: Denial of request for subdivision exemption and approval of exception from full subdivision review. Approval to be conditioned upon the owner/applicant complying with the six month minimum lease restriction of Section 20-22 and the imposition of a three year deed restriction, said restriction to be based upon price and occupancy guidelines for the low, moderate and middle income housing pool. P and Z Recommendation: Concurred with Planning Office recommendation. MEMORANDUM TO: Sunny Vann, Planning Office FROM: Jay Hammond, Engineering Office DATE: December 12, 1979 RE: Latta Subdivision Exemption, Southwest 1/4, Section 1, T10S, R85W of the 6th P.M. Having reviewed the survey map for the above subdivision exemption and having made a site inspection, the Engineering Department recommends the following: 1) We recommend denial of the Latta Subdivision Exemption and recommend Mr. Latta be granted an exception from full subdivision compliance. Mr. Latta's exception would re- quire conceptual from Planning and Zoning and final approval from City Council for the final plat. 2) We recommend the improvement survey as submitted by the owner/applicant be accepted as a conceptual plat. 3) We recommend that the owner/applicant follow section 20-14 of the Municipal Code regarding final plat procedures, and submit a final plat for review by the Engineering De- partment per section 20-15 prior to placement on the Council agenda. 0 • MEMORANDUM TO: Aspen Planning and Zoning Commission Aspen City Council FROM: Jolene Vrchota, Planning Office RE: Latta Subdivision Exception - Reconsideration DATE: August 13, 1980 (Approved for submission to City Council ) City Manager Background At its January 14, 1980 meeting, City Council approved a subdivision exception for condominiumization of the Latta duplex (1225 - 1227 Mountain View Drive, West Meadows Subdivision). The lot had not been platted previously, therefore City Council approved an exception rather than an exemption from full subdivi- sion (on the recommendation of the Engineering Department) with the following conditions: 1. The owner/applicant shall comply with six-month minimum lease restrictions (Section 20-22 of the Aspen Municipal Code). 2. Upon the sale of the currently -rented half of the duplex, the owner/ applicant shall impose a three-year deed restriction, to include res- triction of price/occupancy to meet City guidelines and to give right - of -first -refusal to the City. One half of the duplex has been owner -occupied for the past 7 years; the other half has had the same renter for the past 5 years. In order to minimize impact on the employee housing stock, the applicant agreed at the time of approval to sell half of the duplex to the current renter with restrictions described above. The technicalities of financing and selling the unit, however, took more than the 90-day period allotted for recordation of the final plat. According to Section 20-14(e) of the Municipal Code, the plat has therefore become invalid. Reconsideration and approval of the priliminary and final plat by P & Z and City Council, respectively, are required before its accep- tance and recording. (See attached copy of original application and referral.) Planning Office Recommendation The Planning Office recommends that the P & Z approve the preliminary sub- mission on reconsideration, considering that no changes in regulations have been made and that the applicant has fulfilled his obligation to sell to the current tenant. • • TO: Sunny Vann FRM Jim Reents, Housing Director DATE: December 12, 1979 SUBJECT: Condom-miumization JR:ds The Housing Office has no opposition to this application. The impact is negated by the proposed sale to the current tenant and an additional safequard of a three year deed restriction for sale and rental. r • CITY:OF ASPEN 130 s th galena street aspen, colorado 81611 MEMORANDUM DATE: November 21, 1979 TO: Sunny Vann FROM: Ron Stock RE: Latta Subdivision Exemption 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: [ ] 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. Because of [ ] the proposed division of the property [x] the current lack of a plat for the property, it is my recommendation that the applicant be required to obtain full subdivision or subdivision exception review rather than exemption. The purpose of this requirment would be to obtain a final plat. RWS:mc i n LAW OFFICES -+��"� ✓► ' GIDEON I. KAUFMAN►' BOX 10001 OCT 30 1979 ►_ 611 WEST MAIN STREET _ ASPEN. COLORADO 81611 ,\ ASPEN / P(TKIN C.O. PLANNINu OFFICE GIDEON I. KAUFMAN TELEPHONE AREA CODE 303 DAVID G. EISENSTEIN October 26, 1979 925-8166 Mr. Richard Grice Aspen/Pitkin Planning Office City of Aspen 130 South Galena Aspen, Colorado 81611 Re: William S. Latta Condominiumization Dear Richard, This letter concerns the condominiumization of the Latta duplex located at 1225 and 1227 Mountain View Drive. The Lattas have owned the duplex since 1973. In this par- ticular condominiumization, we are proposing to provide some permanent employee housing for the tenants of one-half of the duplex known as 1225 Mountain View Drive. Nick and Margaret Gubser have resided in the unit for over five (5) years. As a result of negotiations with the Gubsers, the Lattas have agreed to sell the Gubsers the unit located at 1225 Mountain View Drive on the completion of condominiumization. The terms of sale include a reasonable price with owner financing and flexible terms including eight percent (8%) interest. The Lattas appreciate the fact that the Gubsers have been good tenants and, therefore, will make avail- able to the Gubsers permanent housing that they would not otherwise be able to afford. In order to insure that the property is not immediately resold by the Gubsers, the property will be deed restricted for three (3) years. If the Gubsers sell the property within three (3) years, the sale would be subject to the City's Housing Authority regulations; and, thereby, the City would be able to purchase the property for the same price the Gubsers paid subject only to increases set by the Housing Authority. Mr. Richard Grice October 26, 1979 Page two This novel approach to condominiumization of existing units is a good one, because it makes available to local tenants housing in which they have resided for some time. If you have any questions on this condominiumization, please contact me. Very truly yours, Gideon Kaufman GK ch • MEMORANDUM TO: Dan McArthur, City Engineer Glyn Stock, City Attorney Jim Reents, City Housing Director FROM: Sunny Vann, Planning Office RE: Latta Subdivision Exemption DATE: October 30, 1979 Attached please find application for exemption from subdivision for the purpose of condominiumization of an existing duplex located at 1225 and 1227 Mountain View Drive. 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 concerning this application no later than Monday, December 10, 1979. Thank you. MEMORANDUM TO: Dan McArthur, City Engineer Ron Stock, City Attorney Jim Reents, City Housing Director FROM: Sunny Vann, Planning Office RE: Latta Subdivision Exemption DATE: October 30, 1979 Attached please find application for exemption from subdivision for the purpose of condominiumization of an existing duplex located at 1225 and 1227 Mountain View Drive. 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 concerning this application no later than Monday, December 10, 1979. Thank you. APPLICATION FOR EXEMPTION FROM SUBDIVISION REGULATIONS Request is hereby made on behalf of William S. Latta (hereinafter referred to as "applicant") under §20-19 (a) of the Aspen, Colorado, subdivision regulations for an exemption from the definition of the term "subdivision" with respect to real property described as: See Exhibit A attached hereto and incorporated herein by this reference. It is submitted that an exemption in this case would be appropriate. The application involves subdivision of an existing structure. A subdivision of a lot with a duplex on it creates conditions whereby strict compliance with the subdivision regu- lations would deprive the applicant of reasonable use of land. If an exemption is granted, the owner of the property will have a common interest in the land and there will be either a condominium declaration or use and occupancy agreement appli- cable 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. • 0- 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. A follow-up letter will be submitted con- cerning the proposed condominiumization's compliance with the new condominiumization ordinance. The applicant would appre- ciate your consideration of this application at your next regular meeting. Dated: July 13, 1979. i i eon I. Kautpeffn Attorney for Applicant - 2- 0 • EXHIBIT A TO APPLICATION FOR EXEMPTION FROM SUBDIVISION REGULATIONS FOR WILLIAM S. LATTA A tract of land situate in the SW 1/4 of Section Township 10 South, Range 85 West of the 6th Principal more fully described as beginning at a point whence the 1/4�;;, Section Corner between Sections 11 and"12, Township 10 Southf Range 85 West of the 6th Principal Meridian of the Kimb�rl -'7 - .ram; -^r•_ ,a=�: Survey bears South 14020' W. 2498 feet; .thence South 85 15.r_•,_, „_, East 906 feet to the point of true beginning; thence North 6030';�h-r. East 98 feet; thence South 85015' East 179 feet; thence South 6030' West 98 feet; thence North 850oint,15' West 179 feet to the pt x true beginning, containing 0.398 acres more or less.., Together-'---'- with a right of way over a road twelve feet wide lying immediate east of a line beginning at t$e northwest corner of.the above:;-',_-��F described land thence North 6 30' East 320 feet. t.' a K&E* MC9888 REBo Ho clip NC. ON l I-LI-- - -L -- 1 O 5' 10, ZO' 30' SCALE' 111= la 8A515 OF SEAR N05 FOUND MOHUMEHTS AS 5HOWH HEhiEom ALPINE SURVEYS SUI�VE(OK5 C-D�TIF16ATE I, JAME5 F IiESF-K , HEAEO`( GEATIFY THAT TH15 MAp ACCURATELY D1-gtc.TS A 5URVEY MADE UHPDE MY SUPERV I51 ON OH SEP T EMt3ER 2.4, 1979 OF A TAAGT OF L HP SITUATED IH THE 5W %4 OF 5EC"Tlot A a-, T105, Ri35 w oF- THE (vc� 1?M., MORE. FULL,-( DEXXi16ED A5 Oe&IHHIHe AT A 9OW47 WHENCE THE. QUAIATF-R 5EGTION COR"EA 3ETWEEN SECTIONS 11 AHD 12 , -TDWS 4- 5HIP 10 S�, IRAAHOE 85 WE5T CiF THE 674 FAIMCIpAL MEei117AN OF THE KIMMVE LY 5UR\fE`( OEAR5 SOUTH 14° 2O' L1J Z.49 8 FEET ; THENCE SOUTH 85l 15'00" FAST 9040 FEET TO THE VOIt-AT OF -TP,UE r4oRt1-1 (.' SO' Oo" EA5T 98 FEET; THENCE SaJrt-1 85' 15' 00" EAST 1-79 FEET; THtEHCE SOUTH (�' 30'00" WEST 9b FEET; THENCE HOATIH 65' 15'00" WEST 179 FEET TO THE POINT OF TRUE 0E&IHHIH0, LOHTAINIt-ICE 17534- SQUARIff FEET MORE 012i LF-55. CTO&ETHEK WITH A At&HT OF LLIAY WEIR A V�CAO TWELVE FEET LLIIDE LYING IMMEOIATEL,Y EAST OF A LIHE 06(0t441H& AT THE HOATHLUEST COp,HEA OF THE. AOOVE DE5CA-A15ED i AH9 THENCE I-1OIK-n-A Co' 50,00" EA`jT 32,0 FEET") ALL IN THE CITE( OF A59r-H,GOI-DI9A0O. THE ONE `STORY LOOP FV'AME HCk.L`E LLA5 FOUND TO OE L.CCATE.D Eb-ITIIREL`( W ITHIM THE WUHt7ARY UHE5 of -r"E. ABOVE e90VFKTY. THE LOCATION AHD 010EHSIOHS OF ALL- 80ILD- IH&5, IMpl30VEMENTS EASEMENTS, KtOH75 or- U.AA-( IH EVIpeNGF_ CW, KMOLUH TO MC AHO EHGV'2,0AGHMEN-T5 t3Y OA OH THE5E WEMISE5 AAF Acc'- URATEL`( SHOWM. ,AMES F AE5F-R U 5 9184 SEt�TEM13EFt Z8 , 1979 Alpine Surveys Surveyed 9 ZA- 79 Revisions Drafted = 9 z1 19 Post Office Box 1730 Aspen, Colorado 81611 303 925 2688 Title M ovEMENT suRvE ( Job No: "79-174- 51TUATED:N THE 5W /a SE-TION 1 T 105 A E55W OF THE 6—?M Client . L,ATTA/KAUFr1� ALL IH TI-AE GIT'( OF ASpE-1, GOL�O'P,APO