HomeMy WebLinkAboutcoa.lu.ex.Law.Lots A&B Block 118.1978,,,maw, Gene, Lots A&B, Block 118
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1. HALROL.D W_ JOHN50N,CJOHN50N- LUNGFELLOW & ASSOCIATES, INC•), A
REGISTERED SURVEYOR IN OF COLORQ.DO, 00 HC--REBY CERTIFY
Ti-l�T ONTHEE 221\30 DDY OF MAP(0 1, 1978, A SURVEY WA5 MODE UNDER MY SUPS R-
VISION OF THE PROPC-R'1Y 5"OWN HEREON QND NTNO STORE FRAME NOUSL- WpS
FOUND TO BE >-"MQELY WIT41N 71-1E PROPERTY LINES. ALL EASEMENT'S
OR ENCROACAMENTS 1N EV%DE.NCE OR KNOWN TO ME LIRE 5140WN. SAI17 SURVEY
IS -TRUE LM1D ACCURATE TO 714E BEST OF MY KNOWLEtSE QND gEL1LF
JOWNSOIV-LONGFELLSOW 8 455CCIA7P-S, INC.
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L075 A & 5
BLOCK 118
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JON N SO N - LONGF E L LOW I N77E 5, INC.
ClJX 5547, SNOW M LASS V I LI E: , CO L.ORAGU 8I6 k 5
J05 NO: 80-45 5 LE: I",10'
MltRC►-Ii 25,1978 - J.J.-W.R.S.
Recorded at
Reception No: 207448
448
2:10 P.M. Sept 1978 Loretta Banner Recorder
moK354 P 78
STATEMENT OF EXEMPTION
FROM THE DEFINITION OF SUBDIVISION
WHEREAS, GLENN EUGENE LAW is the owner of a parcel of land
located in Pitkin County, Colorado, more particularly described
as:
Lots A and B
Block 118
City and Townsite of Aspen
WHEREAS, the applicant has an existing fiveplex located
on said property, and
WHEREAS, applicant has requested an exemption from the
definition of subdivision for the purpose of subdividing the
existing fiveplex through condominiumization, and
WHEREAS, the Aspen Planning and Zoning Commission, at its
meeting held O�14,t,. i 9 , 1978, determined that an exemp-
tion from the defirfition of subdivision is appropriate and recom-
mended that the same be granted, and
WHEREAS, the City Council determined that the subdivision
of the existing fiveplex through condominiumization is not within
the intent and purpose of the subdivision ordinance set forth in
Chapter 20 of the Aspen Municipal Code,
THEREFORE, the City Council of Aspen, Colorado does hereby
determine that the proposed subdivision of the fiveplex located
on said property by its condominiumization is not within the
intents and purpose of the subdivision ordinance and does, for
such reason, grant an exemption from the definition of such
action,
PROVIDED, HOWEVER, that the foregoing exemption is condi-
tioned upon compliance with the option/notice/right of first
refusal/lease term/time to locate other housing provisions of
Sec. 20-22 of the Municipal Code.
PROVIDED, FURTHER, that the foregoing exemption is condi-
tioned upon applicant's agreeing to join in any improvement
district for construction of street improvements (including
curbs, gutters, sidewalks) on Cooper Street or to reimburse the
City directly if it should choose to construct these improvements
without formation of such a district, and applicant's agreeing
to join any improvement district for re drainage and under-
ground utilities improvements. —,.,
Date: 9-C
Stagy StandJey_ III, MVyor
I, Kathryn S. Koch, do her y certifythat the foregoing
Statement of Exemption from the D#finition of Subdivision was
considered and a proved by the Aspen City Council at its regular
meeting held _ �e 1978, at which time the
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mox354 PmE979
Mayor, Stacy Standley III, was authorized to execute the same on
behalf of the City of Aspen.
Katnryn b,',r/-Rocnf ulty, uiexr,
STATE OF COLORADO
ss.
COUNTY OF PITKIN
* �he foregoing was acknowledged before me this /S7-day of
t' 1978 by Stacy Standley III and Kathryn S. Koch, personall
known to me to be the Mayor and City Clerk, respectively, of the
City of Aspen.
Witness my hand and official seal.
My commission expires: C 070 0
Notary Public
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Recorded at
2:11 P.M. Sept 18, 1978 Loretta BAnner Recorder • Reotion No: 207449
449
STATEMENT OF EXEMPTION moK354 P,%E980
FROM THE DEFINITION OF SUBDIVISION
WHEREAS, GLENN EUGENE LAW is the owner of a parcel of
land located in Pitkin County, Colorado, more particularly des-
cribed as:
Lots A and B
Block 69
City and Townsite of Aspen
WHEREAS, the applicant has an existing fourplex located
on said property, and
WHEREAS, applicant has requested an exemption from the
definition of subdivision for the purpose of subdividing the exist
ing fourplex through condominiumization, and
WHEREAS, the Aspen Planning and Zoning Commission, at its
meeting held 1978, determined that an exemp-
tion from the defin' ion of subdivision is appropriate and recom-
mended 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,
THEREFORE, the City Council of Aspen, Colorado does hereby
determine that the proposed subdivision of the fourplex located
on said property by its condominiumization is not within the
intents and purpose of the subdivision ordinance and does, for suc
reason grant an exemption from the definition of such action,
PROVIDED, HOWEVER, that the foregoing exemption is condi-
tioned upon compliance with the option/notice/right of first
refusal/lease term/time to locate other housing provisions of
Sec. 20-22 of the Municipal Code, and increasing the number of
off-street parking spaces on the property from four to eight space
aqy 5tanaiP,y,.j�-t'_;- may
I, Kathryn S. Koch, do hereby certiTy that tWe foregoing
Statement of Exemption from the Definition of Subdivision was
considered and approved by the Aspen City Council at its regular
meeting held Z3 lv , 1978, at which time the
Mayor, Stacy StCChdley III, was authorized to execute' the same on
behalf of the City of Aspen.
K thryn Koch, City Clerk..
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NOK 354 SALE 981
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing was acknowledged before me this /! day of
4:fw, 1978, by Stacy Standley III, Mayor, and Kathryn S. Koch,
City Clerk, both of the City of Aspen.
Witness my hand and official seal.
My commission expires: /q
ary rubiic
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MEMORANDUM
TO: Aspen City Council
FROM: Planning Office, Richard Gri-ce
RE: Subdivision Exemption for Hyman Apartments and. Cooper Apartments
DATE: May 1, 1978
The attached application from Gene Law requests exemption from Sub-
division for a fourplex, the Hyman Apartments and a fiveplex, the
Cooper Apartments for the purpose of condominiumization. The Hyman
Apartments are located on Lots A and B, Block 69, City of Aspen and
the Cooper Apartments, on Lots A and B, Block 118, City of Aspen.
Both properties are zoned R-MF. The applicant represents his application
that all units are rented long-term by locals. 'The tenants are unamiously
in favor of Mr. Law's application.
The Planning and Zoning Commission, at a special meeting on May 9th
recommended approval of the application subject to:
1. Compliance with the option, right of first refusal, notice
and lease restrictions of Ordinance #53, and
2. The concerns expressed by City Engineering,
(a) That the applicant agree to join-,any.improvement
district for the construction of street improvements
including curb, gutter and sidewalks on Cooper Avenue'
and
(b) That he agree to reimburse the City directly should
they choose to construct these improvements without
formation of an inprovement district, and
(c) That he agree to join any improvement districts for
future drainage or underground utility improvements.
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APPLICATION FOR EXEMPTION•FRO14 THE DEFINITION OF SUBDIVISION
BY GENE LAW FOR A FOURPLEX AND FIVEPLEX
Applicant, Gene Law, requests exemption from the definitio
of subdivision "for-condomi"niumization of a fourplex and fiveplex,
;both owned by him.
The fourplex, called the Hyman Apartments, is a four unit
two -bedroom townhouse located on the corner of Hyman and Garmisch.
Each unit contains 965 square feet. The legal description of the
property (6,000 square feet) is Lots A and B, Block 69, City of
Aspen. Zoning is R-MF. The building was constructed in 1973.
There is adequate off-street parking. The units are all rented
by locals on long-term (one-year) leases. The building meets
subdivision design standards.
The fiveplex, called the Cooper Apartments, consists of
five one -bedroom townhouse units, each containing 965 square feet.
The legal description of the property.(6,000 square feet) is
1i Lots A and B, Block 118, City of Aspen. It, too, is zoned R-MF.
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l''The building was constructed in 1975, and there is adequate off-
( street parking. These units are al$orall rented by locals on
long-term (one-year) leases.
design standards.
The building meets subdivision
Because the buildings are existing, have all utilities,
'have no engineering problems, etc., it is submitted that the
requested subdivisions are not within the intent and purpose of
the City's subdivision regulations and should be exempt therefrom.,
Applicant also submits that approval of the condominiums-
zation will not reduce the supply of low and moderate income
housing. Applicant has no immediate plans to sell the units and,
.for tax reasons, a sale of more.than one or two units per year
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would be unlikely. Applicant intends to continue to lease under
long -terns leases, hopefully to existing tenants, with no substantial
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increase in rents. Applicant would also hope to discuss sales of
units with existing tenants at such time as a sale might be
contemplated with the idea that a sale on mutually agreeable terms
might be effected without the need for (and increased sales costs
associated with) the property being listed. Applicant will be
pleased to comply with the option/right of first refusal/notice/
ilease term restrictions of Ordinance 53.
Dated: March 17, 1978.
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Gene Law
Box 2537
Aspen, Colorado 81611
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The undersigned tenants it
his application for condominiumizF-
reasonable landlord with whom we e
r relat'onship.
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Gene Law's apartments support
tion. Iie has been a fair and
xpect to have a continuing good
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M E M O R A N D U M
TO: Aspen City Council
FROM: Richard Grice, Planning Office
RE: Subdivision Exemption for -Hyman Apartments and Cooper
Apartmt-r.ts
DATE: June 21, 1978
This application from Gene Law requests exemption from Subdivision
for a fourplex, the Hyman Apartments and a fiveplex, the Cooper
Apartments for the purpose of condominiumization. The Hyman
Apartments and the Cooper Apartments are located, respectively,
on the southeastern corner of the intersection of Hyman at Garmish
and on the southeastern corner of the intersection of Cooper at
West End Street. Both properties are zoned RMF. The applicant
represents in his application that all units are rented long-term
by locals, all of whom have sianed the application. You will
recall that this matter was tabled by the Council on May 22 at
the request of Marc Danielson, Housing Authority. Marc felt that
he should talk to each of the tenants prior to this council's
approval, to be sure that they are sincere in their endorsement
of the condominiumization application. Marls has done so and now
recommends approval subject to the applicable provisions of
Ordinance #53. Mark's additional comments are attached.
The Planning and Zoning Commission reviewed the application at
a special meeting on Play 9 and recommended approval subject to:
1) Compliance with the option, right -of -first refusal,
notice and lease restrictions of Ordinance #53 and
2) Satisfaction of the concerns expressed.by City Engineering
(copies of Dave Ellis' memos are included in the packet).
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MEMO
TO: RICHARD GRICE
PLANNING
FROM: DAVE ELLIS rV
ENGINEERING
DATE: April 17, 1978
RE: Subdivision .Exemption Request (Law five-plex),
Logs A & B, Block 118
After a review of the improvement survey and an in-
spection- of the site at the corner of Cooper Avenue and West
End Street the Engineering Department finds that the project
is in substantial compliance with the subdivision design
standards. There are no site problems which necessitate fur-
ther review, and the project went through Ordinance 19 review
in July of 1974 before Planning and Zoning Commission and
City Council. Based upon these facts the Engineering Depart-
ment recommends granting of the subdivision request subject
to a written exemption agreement to be recorded and to con-
tain the following three conditions:
1) that the applicant agree to join any improvement
district for the construction of street improvements includ-
ing curb.and gutter and sidewalk on Cooper Avenue, and
2) that he agree to reimburse the City directly
should they choose to construct these improvemens without
formation of an improvement district, and
3) that he agree to join any improvement districts
for future drainage or underground utility improvements.
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MEMO
TO: RICHARD GRICE
PLANNING
FROM: DAVE ELLIS
ENGINEERING
DATE: April'17, 1R78
RE: Subdivision Exemption Request (Law four-plex),
Lots A & B, Block 69
After reviewing the improvement survey and making an
inspection of the site at the corner of Garmisch and Hyman the
Engineering Department has determined that the project is in
substantial compliance with the subdivision design standards.
Street improvements including curb, gutter, and sidewalk are
in on both streets and the electric and communication utili-
ties are buried. The only item which appears to be inadequate
is the parking. Eight spaces are required whereas between four
and five are provided.
Based upon these observations the Engineering Depart-
ment recommends that the exemption be granted subject to one
condition, that being the correction of the parking problem.
Several additional spaces can be added behind the building by
the relocation of some small trees and shrubs to the right-
of-way boulevard.
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APPLICATION FOR EXEMPTION FROM THE DEFINITION OF SUBDIVISION
BY GENE LAW FOR A FOURPLEX AND FIVEPLEX
Applicant, Gene Law, requests exemption from the definitio
of subdivision, for condominiumization of a fourplex and fiveplex,
both owned by him.
The fourplex, called the Hyman Apartments, is a four unit
two -bedroom townhouse located on the corner of Hyman and Garmisch.'
Each unit contains 965 square feet. The legal description of the
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j; property•(6,000 square feet) is Lots A and B, Block 69, City of
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I Aspen. Zoning is R-MF. The building was constructed in 1973.
There is adequate off-street parking. The units are all rented
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by locals on long-term (one-year) leases. The building meets
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subdivision design standards.
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The fiveplex, called the Cooper Apartments, consists of
five one -bedroom townhouse units, each containing 965 square feet.
The legal description of the property (6,000 square feet) is
Lots A and B, Block 118, City of Aspen. 'It, too, is zoned R-MF.
The building was constructed in 1975, and there is adequate off-
street parking. These units are also all rented by locals on
long-term (one-year) leases. The building meets subdivision
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design standards.
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Because the buildings are existing, have all utilities,
I. have no engineering problems, etc., it is submitted that the
requested subdivisions are not within the intent and purpose of
the City's subdivision regulations and should be exempt therefrom.
Applicant also submits that approval of the condominiumi-
zation will not reduce the supply of low and moderate income
housing. Applicant has no immediate plans to sell the units and,
for tax reasons, a sale of more than one or two units per year
would be unlikely. Applicant intends to continue to lease under
long-term leases, hopefully to existing tenants, with no 'substantial
increase in rents. Applicant would also hope to discuss sales of
• units with existing tenants at such time as a sale might be
cont")]n Ited with the id-1 tli:tt a sale 011 mutu•111y agreeable terms
might be eff0ctr• without t..hO nr•c•d for (rind incroas(d sale:: cots
as�o� in.tcxl With) the property hoil;q listt`(I. Applicant will I)c
F lc n ;c d to comply with t.hr• option/ri.ght of first refusal/notice/
1--ise term restrictions of Ordinance 53.
Dated: March 17, 1978.
It , `07
A_q,ott, Colorado 111611
The undersigned tenants in Gene Law's apartments support
his application for condominiumization. He has been a fair and
reasonable landlord with whom we expect to have a continuing good
relationship.
41 V., W
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506 RAIN STREET ASPEN, COLVADO 81611
M E M 0 R A N D U M
TO: The Aspen City Council
FROM: Mark A. Danielsen, Housing Director
DATE: June 21, 1978
RE: Gene Law Condominiumization
After finally contacting most of the tenants currently
residing in the Hyman and Cooper Street Apartments,
the following information was obtained:
Hyman: Apt. 1: Luky Seymour --conflict of interest
Apt. 2: Fatah and Onera Evans --medical doctor who
moved in about one month ago, did not know until last
week that unit was up for condominiumization. Dr. Evans
indicated that condominiumization would not affect him
as he would not remain there anyway.
Apt. 3: Bill and Carol Kane --support application,
was offered, a reasonable price to buy it; 940 sq. ft. unit,
price in 80's. Bill and Carol will be leaving anyway, for
a Midland Park unit.
Apt. 4: Al Lyons --out of town.
Cooper: Apt. 1: Robert Robins --out of town.
Apt. 2: Al Romanoski--pays total of $500/month for
unfurnished 1 bedroom unit. Wants to live elsewhere anyway
as it is too expensive, so he does not care what happens.
Apt. 3: Francis Marley --works at Leather Fetish,
also pays total of $500/month including utilities for a
1 bedroom unit. Would like to see'condominiumization happen
as she would like to buy a unit.
Apt.-4: Jeff Hanna --unable to contact:
Apt. 5: Paul Fields --supports condominiumization
as long as rent is not raised and he can live out the lease.
As a result of the above information and the unstructured
requirenlcnts of Ordinance 53 with regard to a specific time
el_enlo nt i_nvolved, there is little basis to say that the
applicant has not cor.,plied with Ordnance 53. To further
support this recorinl:�ndat icon that thc? con iomini umization be
appro,;od, it'I1i` 1 , l:'11� ^:;:`:�' a acjreeia�Ilt not to raise
rents n101"(' if tc'l- the current leases expire, and
only to Sl'll Ong.` lull t 1)(1,r ye,ir COIIII:'.,,'IlClllCj Oil,- year from now..
Such an agrecn.k,ilt should be nlacic? a cOvellant to approval.
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