HomeMy WebLinkAboutcoa.lu.ex.Law.Lots A&B Block 118.1978
Reception No:
207448\-
~~354 ~i978
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, Recorded at 2: 10 P. M. Sept ,~ 1978 Loretta Banner Recorder
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/J1~ t" , 1978, determined that an exemp-
tion from the definition 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:
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V
y Stan~II, M
I, Kathryn S. Koch, do y certi~at the foregoing
Statement of Exemption from the D inition of Subdivision was
Aspen City Council at its regular
, 1978, at which time the
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considered and F by the
meeting held oq~
oo~354 ~AtE979
Mayor, Stacy Standley III, was authorized to execute the same on
behalf of the City of Aspen.
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STATE OF COLORADO
ss.
COUNTY OF PITKIN
<C~..~he foregoing was acknowledged before me this /~day of
~~~ 1978 by Stacy Standley III and Kathryn S. Koc~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: (i!~ /~ /11;<. ,.",~,;;;~..",..
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Notary Public <',:,J <:~~~; ,:~:
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Recorded at 2:11 P.M. Sept 18, 1978 Loretta BAnner Recorder
Re
,>tion No: 207,149
STATEMENT OF EXEMPTION
l'JO; 354 MtE 980
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
meeting held ':n-1~ /"1 , 1978,
tion from the defin' ion of subdivision
mended that the same be granted, and
Zoning Commission,
determined that an
is appropriate and
at its
exemp-
recom-
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 sue
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
Dated: w!,~.h) /~/9;tg
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Standl~ Mayo
I, Kathryn S. Koch, do he eby cert~at t e foregoing
Statement of Exemption from the Definition of Subdivision was
considered and a roved by the Aspen City Council at its regular
meeting held ~, 1978, at which time the
Mayor, Stacy S dley III, was authorized to ezecutethe same on
behalf of the City of Aspen.
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K thryn Koch, CftyCler~
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BOO~ 354 ~ACE 981
STATE OF COLORADO
ss.
COUNTY OF PITKIN
<",rk._ J..u The foregoing was acknowledged before me this I ~- day of
~ 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:
~ /~ (rf!cJ,
Notary Publ1.c
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M E M 0 RAN DUM
TO: Aspen City Council
FROM: Planning Office, Richard Gri~e
RE: Subdivision ,Exemption for l1ynlan Apartments and, Cooper Apartments
DATE: ,May 18, 1978
The attached application from Gene Law requests exemption from Sub-
division for a fourplex, the H}~an 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.
Bot~ properties are zoned R-MF. The applicant represents his application
that all units are rented long-term by locals. 'The tenants are li:lamiously
in favor of Mr. Law's applicatton.
The Planning and Zoning Commission, at a special meeting on May 9th
recolnmended 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 Engineeringl
(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 cons tl'uct 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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Ii both owned by him.
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:1 two-bedroom townhouse located on the corner of Hyman and Garmisch.
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property (6,000 square feet) is Lots A and B, Block 69, Cit~ of
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APPLICATION FOR EXEMPTION 'FROM THE DEFINITION OF SUBDIVISION
BY GENE LA\'! FOR A FOURPLEX AND FIVEPLEX
Applicant,
Gene Law, requests
exemption from the definitiop
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of subdivision 'for' condominiumization of a fourplex and fiveplex,
The fourplex, called the Hyman Apartments, is a four unit
The legal description of the
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II by locals on long-term (one-year) leases.
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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
It, too, is zoned R-MF.
Lots A and B, Block 118, City of Aspen.
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1,'The building was constructed in 1975, and there is adequate off-
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II street parking.
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These units are al$o,all rented by locals on
long-term (one-year)
leases.
The building meets subdivision
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II design standards.
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 condominiumi-
zation ,,<ill 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 u~der
long-term leases, hopefully to existing tenant~, with no substantial
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increase in rents.
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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 termsl
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without the need for (and increased sales costs
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II associated with) the property being listed. Applicant will be
~ pleased to comply with the option/iight of first refusal/notice/
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I' lease term restrictions of Ordinance 53.
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Dated: March 17, 1978.
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Gene Law
Box 2537
Aspen, Colorado
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II The undersigned tenants in Gene Law's apartments support
I his application for condominiumization.
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Ii reasonable landlord with whom we expect to have a continuing good
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M E M 0 RAN DUM
TO:
Aspen City Council
FROM:
Richard Grice, Planning Office
RE:
Subdivision Exemption
1\!25!.rtmen ts_~,
June 21, 1978
for ,Hyman Apartments and Cooper
DATE:
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 ~he 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 signed the application. You will
recall that this matter was tabled by the Council on May 22 at
the request of Hare 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. Mark 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 Hay 9 and recommended approval subject to:
1) Compliance with the option, right-of-first refusal,
notic~ 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
DAVE ELLIS rntV
ENGINEERING V <
FROM:
DATE:
April 17, 1978
RE:
Subdivision Exemption Request (Law five-plex),
Lots 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 JOln 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 thes.e i:nprovemens 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 'q'y"
ENGINEERING Vl./
DATE:
April '17 . ,19.78
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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APPLIC!\TION FOR EXEMPTION FROM 1'HE DEFINITION OF SUBDIVISION
DY GENE LAW FOR 1\ FOURPLEX !\ND FIVEPLEX
,
Applicant, Gene Law, requests exemption from the definition
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of subdivision for condominiumization of a fourplex and fivepl~x, i
both owned by him. !
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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.
Th~re 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
Lots A and B, Block lIB, City of Aspen.
It, too, is zoned R-MF.
The building was constructed ,in 1975, and there is adequate off-
street parking. These unixs are also all rented by locals on
long-term (one-year) leases. The building meets subdivision
design standards.
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 there~rom.
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
w~uld be unlikely. Applicant intends to continue to lease under
long-term leases, hopefully to existing tenants, with no substantiul
increase in rents.
Applicant would also hope to discuss sales of
units \-J.ith ('xic;tinq tenant,", at such tim('
a~, <l
SAle millh!: be
conL"T'TL1Ll'd t.:i th the id"d !], 11
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miqlll lJ,.' ('[i",:!, J t,'itholl! t.,'", ",'r',l [,.or (
. d1"1,l j l\'T('ascd s,ll ":; cO;lls
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qr,!jr,'n/ri'lht ()f firsL rt'lusal/Jlld.ic:cj
11'.1,~(' Ll'rm r('~,lI'iction~; of Ord.indllcc 53.
Date(1: t-t..lrch 17, ]978.
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The undersigned teryants 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
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606 ~'MAIN STREET
ASPEN, COLU~ADO 81611
P
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MEMORANDUM
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Y
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:
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Hyman: Apt. 1: Luky Seymour--conflict of interest
Apt. 2: Fatahand Onera Evans--medical doctor who
moved in about one ITDnth 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
requirements of Ordinance 53 with regard to a specific time
clement involved, there is little b;:lsis to say th;:lt the
applic;:lnt has /lot cor.,,)lied with Onhn;:l/lee 53. To further
support this recOrlmCndiltion Ul;:lt the eondominiumization be
approvcu, Gene L.:'..: \.:il] rl:tk(~ a \\'y-itt('.n ilgrccI:1Cnt not to raise
rents morc:' t!L-Ul ~;15/11nit ~lrtl~r t~lC Cllrr(~nt leases expire, and
only Lo ~;cll OIH.~ uni t per y('.:tr com:,l('IH:)nq orh: YC1.J.r from now,_
Such an agreemcll t should be I1klcJea cove/lan t to approval.
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