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HomeMy WebLinkAboutcoa.lu.ex.Beuttas,LotsK-M.Blk52.1979 , / " CITY 01;1 ASPEN 130 south g11ena street ,- aspen, colorado 81611 April 2, 1979 Mr. Chris Smith 0373 Sopris Creek Carbondale, CO 81623 Dear Chris, As per our phone conversation, enclosed you will find a copy of the Statement of Exemption .from the Definition of Subdivision for the BeuttasjHatchjSmith subdivision re- corded in Book 364, Pages 91 and 92 in the County Clerk's Office. Please disregard the Recorder's note in the left hand margin as this was recorded with several other documents and the recorder mistakenly connected this with another subdivision. We have also noted this in our files. If you have any further questions, feel free to call our office. Sincerely, '8&.afI~ sherRsimmen Deputy City Clerk enc. , ~i ~~ ~ ~~ ~ ~ ~ ~ ~ J . . Recorded at 2:53PM Feb 28, 1979 Loretta Banner Recorder Z" ;276 Reception No. ~' QB364 ",' . !li;E 91 STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION WHEREAS, DIANA H. BEUTTAS, DEBORAH S. HATCH and CHRISTO- PHER H. SMITH are the owners of a parcel of land located in pitkin County, Colorado, more particularly described as: Lots K, Land M Block 52 City and Townsite of Aspen WHEREAS, there are three dwellings located on said property, and WHEREAS, applicants have requested an exemption from the definition of subdivision for the purpose of subdividing the existing three units through condominiumization, and WHEREAS, the Aspen Planning and Zoning Commission, at it meeting held July 18, 1978 determined that an exemption from the definition of subdivision is appropriate and recommended that the same be granted, and WHEREAS, the City Council determined that the subdivisio of the existing three units 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 three units 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. Dated this.,?;? day O.~_)19"'kf' ,..::,~ ~/~__...,..:(~<_.,. /' _..~7 ..yf ,,/ f" v Stac~ Standle~~I, Mayo I, Kathryn S. Koch, 'to hereby <Q~rtify t the foregoing statement of Exemption from thX Definition of Sub ivision was considered and approved by the Aspen City Council at its regular ~e'~~ held August 14, 1978, at which time the Mayor, Stacy :li.ta~?l.'ll}~';;:UI, was authorized to execute the same on behalf of the " 'C:ttiiM :1l.~~en. , ., :'" ...~\ . -':-;'..~- ".~ ",: ~~. -: - .1.' .: ,:-. :~~I ...,~..t' \. .,.,~ {~) 4Ej/~. Kathryn och, ity Clerk .. . t, ~,..,~, \ '''1<,.,; . !loox364 f':.LE 92 , STATE OF COLORADO ss. COUNTY OF PITKIN I . ... The foregoing was acknowledged before me this ~ day 1....o..t.;.,t;);~ ' 1979 by Stacy Standley III, Mayor, and Kathryn S. .. "~oc~-lerk, both of the City of Aspen. . _.i..-;t ,:: : ;,_.:".,;, ';'~ :~',,r' " . . . '"'''''' witness my hand and official seal. ,,\\Ill ,.. I""" ...\" ". >v,I/l. ',_, ......::: .",\:'" . '--'I..I"!> ':.... l <~,:F' i ,,>' '\ . I ' f'l ' '-~', \'Ci ' . L) '-- '(? ~ ..... ~<:~';:->:~. r- co'~..J,,\"~ 1:11111111\\\\' My commission expires: My Comrils3::::;, -,;. ~, -:;s. r-_ ~ -i,,"" , ~..../. <- ", '1'/11 ~~n~ ) Notary, ublic -2- I.H Bt... 21,1079 Recorded 3:26 PM May 2 1979 Reception # AGREEMENT Loretta BanDer Recorder soo~ 36 7 f'ME 752 DIANA H. BEUTTAS, DEBORAH S. HATCH and CHRISTOPHER H. SMITH, for themselves, their heirs, executors, administrators and assigns, hereby covenant with the City of Aspen, pitkin County, Colorado, that: 1. They are the owners of the following described property together with the improvements thereon: Lots K, Land M Block 52 City and Townsite of Aspen Pitkin County, Colorado 2. The above-described property shall be restricted to six (6) months minimum leases with no more than two (2) shorter tenancies in any calendar year. 3. At the time the property is offered for sale, in whole or in part, those tenants residing in the above-described property on August 14, 1978 who still reside in the property at the time the property is so offered shall be given notice of such offer together with the offered price. Each such tenant shall have a ninety-day non-assignable option to purchase the portion of the property he has under lease at the price stated in the offer 0 sale. 4. At the time a bona fide offer to purchase is made and accepted, those tenants residing in the above-described property on August 14, 1978 who still reside in the property at this time shall have a ninety-day exclusive non-assignable right of first refusal to purchase the portion of the property which they each have under lease. In the event that such offer is made while the ninety-day option is still in effect, such tenant may purchase the unit for the amount of the bona fide offer or offered price, whichever is less. 5. It shall be adequate proof of satisfaction of the foregoing two paragraphs if a statement executed by an official of the City of Aspen is filed that the option/right of first refusal ~-~~.---r--~--- BOOK36'1 PAGl753 provisions have been met. 6. In the event that any improvement or improvements required by Section 20-16 of the Code of the City of Aspen become, in the sole judgment or discretion of the City Council of the City of Aspen, necessary or desirable, no objection will be made to any special assessment or special tax or proceeding therefor, on the basis that the property is adequately served by existing improvements, nor on the basis that the premises will not be served or benefitted by the improvement or improvements proposed. 7. The covenants contained herein with respect to minimum lease terms (paragraph 2) are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty (20) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by the City of Aspen and the then reco d owners of the property has been recorded, agreeing to change said covenants in whole or in part or agreeing to release said covenants. IN WITNESS WHEREOF, this Agreement has been duly execute this ~day of November, 1978. i1*~ <lJ ~ Diana H. Beuttas ~~b~~=~~n~ Deborah S. Hatch Chri~~~r4~ ~~ STATE OF COLORADO ss. COUNTY OF PITKIN ,:';"'.,"0 The foregoing instrument was duly acknowledged before me ~~~~ ~~~M day of November, 1978 by ,,'" c,-s ....... ~.fi.,tJ' $' <::_' ..4 ___ _ '. ../ J'~ lr"~ -rA~fi).,t~-fd Christopher H. Smith. ::l~: .. o-~ ~ ~I.".:'" /J ;j-\"~~~v,' ~ "'\.. .') -" " ~-:..'~ ..... ,..,' "'-, ~€' ....... '1",. ~ r::J ,. ~ ,,\',\ . f J 'i, "I ~ \ " ' Diana H. Beuttas, Deborah S. Witness my hand and official seal. My commission expires: /J?CvIC/" 3~ /7' SO. / r:;t/t'6wrr:. 0 4/1~<--- Notary Publi -2- -. ,.~~-. ....lI... " L/' ~! .1 M E M 0 RAN DUM TO: Aspen City Council FROM: Planning Office, Richard Grice RE: Beuttas Subdivision Exemption Request - Lots K - M, Block 52, Ci ty of Aspen DATE: August 9, 1978 The attached application requests exemption from subdivision procedures for the condominiumization of three units located at 234 West Hopkins, Aspen, Colorado. This property is zoned R-6 and contains 9,000 square feet. In the R-6 Zone District, an additional unit is allowed for each 4500 square feet of land area. However, this property constitutes as a valid non-conforming use. The application was referred to Clayton Meyring, Building Inspector. Clay- ton has verified the non-conforming status of this property and the exis- tance of valid building permits for the construction of all three units. Until 1974, the small unit located in the garage at the rear of the property was used as a veterinarian's clinc. This was a legal conversion, in that it reduced an existing non-conformity. The application was referred to the City Engineering Department which made the following comments, "After having reviewed the improvement survey and making a field inspection of this project, the Engineering Department finds only one major deficiency as far as the subdivision design standards are concerned. The property is within the City's master planned area for side- walks, and although there is curb and gutter, there is not a sidewalk. We recommend granting of the exemption for condominiumization subject to con- struction of five foot sidewalks on both Second and Hopkins frontage. We feel this is a reasonable request in that there is existing sidewalk immed- iately to the north on Second Street and at a good many locations further west on Hopkins Avenue." The Planning Office has received a letter from Kay Reed of Reed Real Estate and Rentals which verifies the fact that the duplex has been handled by this firm for short term rentals off-and-on, since 1968. At the present time both units of the duplex are vacant as their interiors are being remodeled. The third unit, which is in the garage which was previously used as a veterinarian's clinc, is presently rented by Mr. John Kohler, of Sunshine Landscaping. In the application, the applicants submit that, if condo- miniumization is approved, the supply of low and moderate income housing will not be reduced, but, in fact, will increase by virtue of the applicants compliance with Ordinance #53 requirements regarding long-term leases. Mark Danielsen has recommended approval of this subdivision exemption request provided the applicants are willing to agree to a 90-day right of first re- fusal and six month minimum lease term for all three units as provided by Ordinance #53. The Aspen Planning and Zoning Commission reviewed this application at their regular meeting on August 1, 1978, and recommended approval of the subdi- vision exemption request subject to an improvement agreement for the con- struction of five foot sidewalks on both Second and Hopkins Streets front- age and to requirements of Ordinance #53 as described by the Housing Director. sr , APPLICATION FOR EXEMPTION FROM SUBDIVISION REQUlREt4ENTS On behalf of Diana H. Beuttas, Deborah S. Hatch and Christopher H. Smith, application is hereby made for exemption from subdivision requirements for the proposed condominiumization of three units located at 234 West Hopkins, Aspen, Colorado. Applicants submit that it would be reasonable to exempt this proposed condominiumization from subdivision requirements in that only three units are involved, and that granting the exemptio would not be detrimental to the public welfare or injurious to other property in the area in which the subject property is situated. lI'he subject property, Lots K L, and M , Block 52 Aspen, is zoned R-6 and contains 9000 square feet. There are three units on the property. Units 1 and 2 are each two-bedroom apartments, containing approximately 1100 and 1900 square feet respectively. Unit 3 is a one-bedroom unit, containing approxi- mately 456 square feet, with a storage area of 72 square feet. The three units constitute a valid non-conforming use. The property is located in an area which contains lodges and other high density uses. Applicants have owned the property since 1968. It may be recalled that at one time Unit 3 was a veterinarian's office, which was terminated in 1974, thereby substantially reducing traffic, noise, etc. Unit 3 has been rented long-term since then. Units 1 and 2 have been short-termed, through a local realtor. No-one presently occupies Units 1 and 2, as the interiors are being remodeled. Applicants submit that, if condominiumization is approved, the supply of low and moderate income housing will not be reduced but, in fact, will be increased by virtue of applicants compliance with Ordinance 53's requirements re long-term leases. Thus, instead of one long-term and two short-term situations, there would be . . three long-term housing situations. Because the buildings are existing, have all utilities, have no engineering problems, etc., it is submitted that the requested subdivision is not within the intent and purpose of the City's subdivision regulations and should be approved. Dated: June I ' 1978. -2- '. , '1 t :', / ....... "",..... / ,"- , .......,.... ". / 506 E. MAIN SH1EET P I rr M E M 0 RAN DUM JI I ""f L~ c o 11 N T Y TO: Aspen City Council FR011: Mark A. Danielsen, Housing Director RE: A. Frishman Subdivision Exemption B. Beuttas Subdivision Exemption DATE: August 14, 1978 A, Frishman Subdivision Exemption: Recommendation is for approval due to the fact that the Frishmans do intend to occupy the saITIe unit as befor'e and \I'ill continue to lease the new unit to the Aspen Institute. As there will be no tenant displacement Ordinance 53 is satisfied and approval should contain the appropriate 90 day Right of First Refusill, 6 month relocation time for existing tenants (if any), and 6 month minimum lease terms. B, Beuttas Subdivision Exemption: Of the three units on the property, two have been short- termed. The third unit has been rented on a long term basis to John Kohlar' and Ronnie Linquist, employees of Sunshine Landscaping and Aspen Leaf, respectively. They have paid $325.00jmonth plus utilities for the one bedroom unit. Recommendation is for approval provided that the current tenants be given a 90 day Right of First Refusal, be given a 6 month relocation period if necessary, and that all three units have a 6 month minimum lease. " ,- ~, c -... M E M 0 RAN DUM TO: Aspen City Council FROM: Planning Office, Richard Grice RE: Beuttas Subdivision Exelnption Request - Lots K - M, Block 52, City of Aspen DATE: August 9, 1978 ,____.___~.__.__._____ ._h_____ _____ The attached application requests exemption from subdivision procedures for the condominiumization of three units located at 234 West Hopkins, Aspen, Colorado. This property is zoned R-6 and contains 9,000 square feet. In the R-6 Zone District, an additional unit is allowed for each 4500 square feet of land area. However, this property constitutes as a valid non-conforming use. The application was referred to Clayton Meyring, Building Inspector. Clay- ton has verified the non-conforming status of this property and the Exis- tance of valid building permits for the construction of all three units. Until 1974, the slIlall unit located in the garage at the rear of the property was used as a veterinarian's cline. This was a legal conversion, in that it reduced an existing non-conformity. The application was referred to the City Engineering Department whi<::h made the fo 11 owi ng comments, "After ha vi ng revi e\~ed the i mprovl?ment survey and making a field in3pection of this project, the Engineering Department finds only one major deficiency as far as the subdivision design standards are concl?rned. The property is within the City's master plRnned ar'ea foY' side-' wa 1 ks, and a lthough there is curb and gutter, there is no t a s i dewa 1 k. ,We recommend granting of the exemption for condominiumization subject to con- struction of five foot sidewalks on both Second and Hopkins frontage. We feel this is a reasonable request in that there is existing sidewalk i~ned- iately to the north on Second Street and at a good many locations further west on Hopkins Avenue." The Planning Office has received a letter from Kay Reed of Reed Real Estate and Rentals which verifies the fact that the duplex has been handled by this firm for short term rentals off-and-on, since 1968. At the present time both units of the duplex are vacant as their interiors are being remodeled. The third unit, which is in the garage which was previously used as a veterinarian's cline, ,is presently rented by Mr. John Kohler, of Sunshine Landscaping. In the application, the applicants submit that, if condo- miniumization is approved, the supply of low and moderate income housing will not be reduced, but, in fact, will increase by virtue of thl? applicants compliance with Ordinance #53 requirements regarding long-term leases. Mark Danielsen has recommended approval of this ~ubdivision exemption request provided the applicants are willing to agree to a 90-day rignt of first re- fusal and six month minimum lease term for all three units as provided by Ordi nance #53. The Aspen Planning and Zoning Commission reviewed this application at their regular meeting on August 1, 1978, and recommended approval of the subdi- vision exemption request subject to an improvement agreement for the con- struction of five foot sidewalks on both Second and Hopkins Streets front- age and to requi rements of Ordi !lance !i53 as descri bed by the Hous i ng Di rectol'. sr ,...~. ..,....... '<,. ci ..".... APPLICl\'J'ION FOP EXEMPTION ------ \ FROiq SUBDIVISION REOlJIm:qENTS On behalf of Diana H, Beuttas, Deborah S. Hatch and Christopher H. Smith, application is hereby made for exemption from subdivision requirements for the proposed condominiumization of three units located at 234 West Hopkins, Aspen, Colorado. Applicants submit that it would be reasonable to exempt this proposed condominiumization from subdivision requirements in that only three units are involved, and that granting the exemption would not be detrimental to the public welfare or injurious to other property in the area in which the subject property is situated. The subject property, Lots K L , and M Block 52 Aspen, is zoned R-6 and contains 9000 square feet. There are three units on the property. Units 1 and 2 are each two-bedroom apartments, containing approximately 1100 and 1900 square feet respectively. Unit 3, is a one-bedroom unit, containing approxi- mately 456 square feet, with a storage area of 72 square feet. The three units constitute a valid non-conforming use. The property is located in an area which contains lodges and other high density uses. Applicants have owned the property since 1968. It may be recalled that at one time Unit 3 was a veterinarian's office, which was terminated in 1974, thereby substantially reducing traffic, noise, etc. Unit 3 has been rented long-term since then. Units 1 and 2 have been short-termed, through a local realtor. No-one presently occupies Units 1 and 2, as the interiors are being remodeled. Applicants submit that, if condominiumization is approved, the supply of low and moderate income housing will not be reduced but, in fact, will be increased by virtue of applicants compliance with Ordinance 53's requirements re long-term leases. Thus, instead of one long-term and two short-term situations, there would be '" three long-term housi,ng sj.tuations. Because the buildings are existing, have all utilities, have no engineering problems, etc.. it is submitted that the requested subdivision is not within the intent and purpose of the City's subdivision regulations and should be approved. c. Da ted: June I ' 1978. Il"" I ':-fl_- ( " ,,' (.,"" r, , .:1,\ .1tif'l CIi istopher I ( I 1_/\ [I ---- \.J~+-\ " , j',~I:,,,; H, Smith -2- #" "'"' .'-.J M E M 0 RAN DUM TO: Aspen Planning and Zoning Commission FROM: Planning Office, Richard Grice RE: Beuttas Subdivision Exemption Request - Lots K-M, Block 52, City of Aspen DATE: July 19, 1978 The attached application requests exemption from subdivision procedures for the condominiumization of three units located at 234 West Hopkins, Aspen, Colorado. This property is zoned R-6 and contains 9,000 square feet. In the R-6 zone district, an additional unit is allowed for each 4,500 square feet of land area. However, this property constitutes a valid non-conform- ing use. The application was referred to Clayton Meyring, Building Inspector. Clayton has verified the non-conforming status of this property and the existence of valid building permits for the construction of all three units. Until 1974 the small unit located in the garage at the rear of the property was used as a veterinarian's clinic. This was a legal conversion, in that it reduced an existing non-conformity. The application was referred to the City Engineering Department which made the following comments, "After having reviewed the improvement survey and making a field inspection of this project the Engineering Department finds only one major deficiency as far as the subdivision design standards are concerned. The property is within the City's master planned area for side- walks, and although there is curb and gutter, there is not a sidewalk. We recommend granting of the exemption for condominiumization subject to con- struction of five foot sidewalks on both Second and Hopkins frontage. We fuel this is a reasonable, request in that there is existing sidewalk immed- iately to the north on Second Street and at a good many locations further west on Hopkins Avenue." The Planning Office has received a letter from Kay Reid of Reid Real Estate and Rentals which verifies the fact that the duplex has been handled by this firm for short-term rentals off and on since 1968. At the present time both units of the duplex are vacant as their interiors are being remodeled. The third unit, which is in the garage which was previously used as a vet- erinarian's clinic, is presently rented by Mr. John Kohler, of Sunshine Landscaping. In the application, the applicants submit that, if condomin- iumization is approved, the supply of low and moderate income housing will not be reduced but, in fact, will increase by virtue of the applicant's compliance with Ordinance #53's requirement regarding long-term leases. Mark Danielsen has recommended approval of this subdivision exemption re- quest provided the applicants are willing to agree to a 90-day right of first refusal and six-month relocation time for the present tenant of Unit 3, as well as a six-month minimum lease term as provided by Ordinance #53. Subject to an improvement agreement for the construction of five-foot side- walks on both Second and Hopkins Street frontage and to the requirements of Ordinance #53 as described by the Housing Director, the Planning Office recommends approval of the subdivision exemption request. RG:sr ~...., MEMO TO: RICHARD GRICE PLANNING FROM: DAVE ELLIS ENGINEERING~ July 11, 1978 DATE: RE: Subdivision Exemption Request - Lots K - M, Block 52, Original Aspen Townsite (Buettas) After having reviewed the improvement survey and making a field inspection of this project the engineering department finds only one major deficiency as far as the subdivision design standards are concerned. The property is within the City's master planned area for sidewalks, and although there is curb and gutter, there is not sidewalk. We recommend granting of the exemption for condominiumization subject to construction of five foot sidewalk on both Second and Hopkins frontage. We feel this is reasonable in that there is existing sidewalk immediately to the north on Second Street and at a good many locations further west on Hopkins Avenue. Although there are several minor encroachments into both the street right-of-way and alley right-of-way, we do not foresee any major problem here, particularly since they are noted on the improvement survey as encroachments. jk _____.,._.."__'"'"_,__~___"__".__._._.___________~"'_o____. .__.._".....~""___ M E M 0 RAN DUM TO: Marc Danielson Dave Ell i s FROM: Richard Grice RE: Beuttas Subdivision Exemption DATE: June, 13, 1978 This applicant is seeking to condominiumize the three units located on this property. Marc, for tenant information, you should contact Chris Smith at 927-3227. I have tentatively scheduled this for review by the City P & Z on July 18. Written comments should be returned to the Planning Office no later than July 12. Thanks sr [ . I L~::2N3u~1 AMOUNT ~. $77,000,00 II SCHEDULE A Doted lh i 5 16th doyof Tl1np , 191.U.-, ollhe hour of 8:00 A.M. 1. The nome of the insured and the estat., or interest of the insured in the land described below and covered by this policy i. as follows: DIANA 1I. 1l1ID'I.'TAS. CllRISTOPllER n. SMITIl and DEBORAH ~UIH, in joint tenancy, in fee simple. 2. The land, the title to which is insured, is described or known as follows: Lots K. Land M. Block 52, CITY AND TOl'INSITE OF ASPEN, County of Pitkin, State of Colorado. SCHEDULE B This Policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown of record, including unrecorded easements. 2. Discrepancies, conflicts in boundary lines, shortage in oreo, encroachments, or any other focts which 0 correct survey would disclose, and which ore not shown by the public records. 3. Mechanic's liens, or any rights thereto, where no notice of such liens or rights appears of record. 4. Taxes and assessments not yet due or payable; and Special Taxes or Assessments certified to the office af the County Treasurer s~sequent to' any and all unpaid taxes and assessments and any and all tax sales which have not been properly redeemed or cancelled. SHEET 1 OF 2. Pol;<y No, CO 184277-0 I~-. -SCHECULE a CONTINUED II 398236- 0 II 5. Dne<l of Trust from Charles .-7illimn Mencimer and Sally Hwne li",ocim",r to the Public Trustee of ~~s" County, for the use of Valley Fedcr"l Savings snd Loan Aosociatioo to securc $20,500.00, dated rmy 26, 1967 'and recorded June 7. 1967 in Book 227 at paBe 297. 6. Any tax, acseDsment, fees or chnrge8 by reoson of the inclusion of the subject property in tile Aspen Sanitation District, AGpcn FIre Protection DIstrict. Aspen Street ~ryrovQCcnt District. and nasalt ond Rural Fire Protection District, Sheet 2 of 2. Policy No. CO 184277-0 OWNERS POLICY cii) iCAL iC)i:Ai:iC~ iCni:AL) c~ BOX 496 ASPEN, COLO 8161130:>-925-7691 June 14, 1978 To Whom It May Concern: Mrs. Diana Beuttas purchased from Mr. & Mrs. William Mencimer a duplex on the corner of Second and Hopkins in 1968. Following her purchase of the property and some improvements, she gave it to me to rent for a week or two at a time when she was not in residence. This I have been doing from 1968 through part of 1978. At this time she is occupying it for her own use and making further improvements. / SincerE:,ly, / ,'7 ~1p f I:j Kathryn K. Reid Rental Agent for Reid Rentals of Roy Reid Realty -\ : .,,) , p\,U~_~\_ '.\ ,(', ,\ KR:cjs ~ 0 ~ u /(0 ~ l.t r, c--- \ _I ',,^ ('iJl;J~ --.;;"UIV'::.,r-,( )..,0kD..l I I -, (, \ \, " :' ) i\ . '; ~ , .--1- / ( ",rr cii) cAL c)i:Ai:c ~ i:ni:AL) '... " BOX 496 ASPEN, COlO B 1611 30:>-925-7691 June 14, 1978 To Whom It May Concern: Mrs. Diana Beuttas purchased from Mr. & Mrs. Willi.. Menci~r a duplex on the corner of Second and Hopkins in 1968. following ~. her purchase of the property and so~ improvements, she gave it to me to rent for a week or two at a time when she was not in residence. This I have been doing from 1968 through part of 1978. At this time she is occupying it for her own use and making further improvements. , / SincerelY, ,/ ~ ~~ f;;j Kathryn K. Reid Rental Agent for Reid Rentals of Roy Reid Realty KR:cjs 4 t '. APPLICATION FOR EXEMPTION FROM SUBDIVISION REQUlRE!lliNTS On behalf of Diana H. Beuttas, Deborah S. Hatch and Christopher H. Smith, application is hereby made for exemption from subdivision requirements for the proposed condominiumization of three units located at 234 West Hopkins, Aspen, Colorado. Applicants submit that it would be reasonable to exempt this proposed condominiumization from subdivision requirements in that only three units are involved, and that granting the exemptio~ would not be detrimental to the public welfare or injurious to other property in the area in which the subject property is situated. The subject property, Lots K L , and M Block 52 Aspen, is zoned R-6 and contains 9000 square feet. There are three units on the property. Units 1 and 2 are each two-bedroom apartments, containing approximately 1100 and 1900 square feet respectively. Unit 3 is a one-bedroom unit, containing approxi- mately 456 square feet, with a storage area of 72 square feet. I \' \ i...JJ,'l Cl' \ i Y The /,,',"Crt-l. rA?t 'f" 1_"'" )~rn three units constitute a valid non-conforming use. r-I , (~ 1(1, "), ' i' ' , I' 'f ~' / The property is located in an area which contains lodges and other high density uses. Applicants have owned the property since 1968. It may be recalled that at one time Unit 3 was a veterinarian's office, which was terminated in 1974, thereby substantially reducing traffic, noise, etc. '/ \ Unit 3 has been rented long-term since then. Units 1 and 2 have been short-termed, through a local realtor. No-one presently occupies Units 1 and 2, as the interiors are being remodeled. Applicants submit that, if condominiumization is approved, the supply of low and moderate income housing will not be reduced but, in fact, will be increased by virtue of applicants compliance with Ordinance 53's requirements re long-term leases. Thus, instead of one long-term and two short-term situations, there would be " " . three long-term housing situations. Because the buildings are existing, have all utilities, have no engineering problems, etc., it is submitted that the requested subdivision is not within the intent and purpose of the City's subdivision regulations and should be approved. Dated: June i . 1978. -.:;' '- -1- '. i./..I. Christopher H. Smith -2-