HomeMy WebLinkAboutcoa.lu.ex.Lot14,Blk2.Anthony Acres
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TO:
KAREN SMITH, PLANNING ~IRECTOR
BOB JACOBS, FIRE MARSHAL
FROM:
DATE:
April 20, 1979
RE:
Robert Blitz Property -
Lot 14, Block 2, Anthony Acres
The Robert Blitz property, 716 S. Galena Street, has somewhat of
a problem in case of an emergency due to lack of vehicular access
during snow season or inclement weather. The only access road
available is unimproved and would be difficult for emergency
vehicles to negotiate.
The owner of this property realizes these deficiencies and has
made definite efforts to minimize the fire danger to his structure
by exceeding the required Uniform Building Codes on some standards
and installing a fire hydrant for emergency protection. Mr. Blitz
has also directed his representative to meet with myself and an
officer from the Aspen Volunteer Fire Department for advice on the
purchase of private fire fighting equipment for immediate use and
has some equipment on order at this time.
The water pressure from the existing fire hydrant is consistent
with others in the City of Aspen and will be supplemented by a
1,200 gallon pool inside the structure with an emergency water pump
to be purchased by Mr. Blitz. Portable fire extinguishers and
smoke detectors are also located throughout the building.
cc: Clayton Meyring
Gideon Kaufman
M E M 0 RAN DUM
TO:
FROM:
JOLENE VRCHOTA, PLANNING
DAVE ELLIS, CITY ENGINEER~
March 30, 1979
DATE:
RE:
Subdivision Exemption Request (Blitz) -
Easterly Portion of Lot 14, Blk. 2, Anthony Acres
After reviewing this application for subdivision exemption for the
condominiumization of an existing duplex, the engineering depart-
ment recommends approval subject to one condition. At the time the
Aspen Planning and Zoning Commission approved this project under
the 8040 Greenline Review on July 15, 1975, they included four
stipulations. One of these conditions was that a fifteen foot wide
trail easement be dedicated to the City of Aspen. Although the
original owner of the lot executed a grant of easement, this ease-
ment was never recorded and the ownership has since changed. A
simple method to rectify this deficiency is to incorporate the lan-
guage for the grant of the trail easement and the acceptance by the
City into the final condominium map. This has been discussed with
the applicant's attorney, Gideon Kaufman, and he has indicated that
this will not be a problem.
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cc: Gideon Kaufman
CIT
MEMORANDUM
DATE: !!arch 26, 1979
TO: Jolene ~
FROM: Ron g,~~P
RE: Blitz Subdivision
I recommend approval of the above-entitled subdivision exemption
provided that the property is deed restricted to six-month
minimum leases with no more than two shorter tenancies per year.
RWS:mc
MEMORANOUM
TO: Ron Stock, City Attorney
Dave Ellis, City Engineer
FROM: Jolene Vrchota, Planning Office
RE: Blitz Subdivision - Condominiumization
DATE: March 21,1979
Attached is an application submitted by Robert Blitz for the condominiumiza-
tion of an existing duplex. This item is tentatively scheduled to come before
the Aspen Planning and Zoning Commission at their regularly scheduled meeting
on Tuesday, April 17, 1979. Therefore, may I have your comments regarding this
application by Monday, April 9, 1979? If you cannot meet this deadline, plese
advise me immediately. Thank you.
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ASPEN/PITKIN PLAllNING DEPARTI-lENT
130 South Galena Street
Aspen, Colorado 81611
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At the July 15, 1975, meeting of the Aspen Planning and Zoning
Commi ss i on the Hibberd 8040 Green 1 i ne Revie\'1 reques t Vias granted
approval conditional upon the fo11o\'ling:
1. A transfel' of the parking lot property o\'lned by Hibberd
by fee simple title be executed by Hr. Hibberd.
2. A trail easement of 15 feet vlidth be dedicated to the
City of Aspen, and that the D'llner a11o\'1 no impediment
to 'the ski trail.
3. . 'Acovenant be dravln and recorded with title to the pro-
perty f'r~ll.ab~.~ :,ty fUl'ther development on this lot.
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4. That disturbed vegetation be returned .to the present
or better condition, and that all soils be stabilized
by appropriate retaining methods to prevent erosion from
the sHe. .
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.0/40 Greenline !.lojo not:ed that. iJ.ccording to the C.ode ., ~-.-
:evie\~ _ within 50 yards of the 80/40 line hi ," c.ny prc;>perty thilt 'comes
, 'bb . . .' . ,s 1:0 J)(~ rev1cI~ed by P & ~ '}'hc
.1 aId ).!,1.J).ll0r~t_d111:,lC)~YQ.ullLbe at the base of tlw r.th lIVe 1~":"
Goodheim qw,,:;tioned \~;l.::>LhCl: t;he slop, \~a~'~'~ t . conr.l:nUnJJUms.
ilnd SCI'h'r Ili \:h I'lojo stuting that Dav~ ' "':, 00 much ,fe)). W,tter
_ Lll].; says t.he wat"J:' prcJssurC
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HECORD OF PBOC[EDlI<JGS
100 Leaves
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Planning and zoning Commission
July 15, 1975
0/40, cont'd problem is not severe. Mojo iJ.lso noted that applicant docs hiJ.ve
a parking lot bu.t hiJ.s agreed to conve,y it .to the condominiums
below. ~!ojo asked t:hat if approval h~ given, three provisions
. be included: 1) transfer to the Durant CondOI,d.niums t:he piJ.rking
lot in fee simple; 2) th8re be a trail Nu'ement dedication; 3)
that appliciJ.nt be the ultimiJ.te developer on the lot. Hibberd
noted that he has an emC'rgency accesS but it is closed off during
the wintr;r. It is a 40% slope but t.he <jround is stiJ.ble and he has
had Chin and Associates investigiJ.te to make sure. Jenkins asked
Ellis to comment but Ellis siJ.id he had not seen the propert.y
but. engineering-wiGe he felt it was possible to build on the
slope. Abbott asked how the volunteer fire department felt about
it and Hibberd said that Chief Clapper felt it wouldn't be any'
harder than getting to the 5th Avenue's. Hojo said that what they
had to look iJ.t was: sufficient wa.ter press\u:e, were there adequate'
roads for fire, road mainten2,nce, etc. Mojo said they probably
should get some irnput from the Fire Marshall on t:hat. Also they
should look a'c suitability of ground (mud flOl'lS, aVi'llanche
potential), watel:shed problems and accessibility.
!-lotion
Jenkins said that they had done an on-site inspection before and
feelings had been at the time that it was too steep. Hibberd
said that they would have exits' on all levelS \~ith adequat.e WiJ.ter
access to the house. He noted that he had been Gut back by the
zoning code and at l6 unit:s, Chief Clapper had said it wouldn' t
be a problem. Goodll(~im was concerned over the snow provided for
skis and Hibberd not8d that the road would be on the north side
where there would be a buildup of snol'l.
Hunt moved to approve the review conditional that soil erosion
and vegetation replacement be r8o;tO):ed to the present or better
condi tion, the proper.ty t.hat: is a parJ~ing lot be given to the
Durant Condominiums in fee simple, trail easement dedieat.ion be
given, this be the ultimate devel-:lpment on the property and no
inlpcdiments on' the ski trail. Co llins seconded. All in favor,
except for Abbott, who voted nay. Notion ciJ.rried.
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Jolene Vrchota, Planning Office
RE: Blitz Subdivision Exemption
DATE: April 12, 1979
This application is being made for subdivision exemption for condominiumiza-
tion. The application involves subdivision of a newly-built duplex in an R-15
zone on lot 14 of Anthony Acres (lot size 1.4 acres). The City Engineer and
Attorney both recommend approval of the exemption because it does not conflict
with the intent of the subdivision regulations to direct location and quantity
of development in Aspen. In July 1975, the P and Z approved the now nearly-
completed building under 80/40 Greenline Review. At that time a covenant was
recorded prohibiting further development on the lot, so no density change will
be allowed in the future.
The application is not affected by condominiumization ordinance #39 since
it does not have a history of supplying low, moderate or middle income housing.
As yet, it is not occupied.
The Planning Office recommends approval with the following conditions, as
suggested by staff:
1. Dave Ellis recommends that a fifteen-foot wide trail easement be
dedicated to the City of Aspen. (This involves an existing foot
path connecting Lift l-A to Little Nell.)
2. Ron Stock recommends that the property be "deed restricted to six-month
minimum leases with no more than two shorter tenancies per year."
MEMORANDUM
TO:
FROM:
RE;
Aspen Ci ty Counci 1
Jolene Vrchota, Planning Office
Blitz Subdivision Exemption
DATE;
April 1 9, 1979
This application is being made for subdivision exemption for condominiumiza-
tion. The application involves subdivision ofanewly-built duplex in an R-15
zone on lot 14 of Anthony Acres (lot size 1.4 acres). The City Engineer and
Attorney both recommend approval of the exemption because it does not conflict
with the intent of the subdivision regulations to direct location and quantity
of development in Aspen. In July 1975, the P and Z approved the now nearly
completed building under 80/40 Greenline Review. At that time a covenant was
recorded prohibiting further development on the lot, so no density change will
be allowed in the future,
The application is not affected by condominiumization ordinance #39 since
it does not have a history of supplying low, moderate or middle income housing.
As yet, it is not occupied,
The Planning Office recommends approval with the following conditions, as
suggested by staff;
1. Dave Ellis recommends that a fifteen-foot wide trail easement be
dedicated to the City of Aspen. (This involves an existing foot
path connecting Lift l-A to Little Nell.)
2. Ron Stock recommends that the property be "deed restricted to six-month
minimum leases with no more than two shorter tenancies per year."
At a regular meeting on April 17, 1979, the City Planning and Zoning
Commission considered this application. It was pointed out that the two units
are 4,000 square feet and 2,000 square feet. An elevator and a stairway
provide access to the units. In addition, a fire hydrant was installed within
100 feet of the building. (Bob Jacobs, Fire Marshall, questions the adequacy
of the water pressure, hoses, etc" for fighting fire.)
P and Z recommended exemption from subdivision with the conditions
recommended by Dave Ellis and Ron Stock:
1. A fifteen-foot wide trail easement (as shown on the plat) connecting
Lift l-A to Little Nell be dedicated to the City of Aspen.
2. The property be "deed restricted to six-month minimum leases with
no more than two shorter tenanci es per year."
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APPLICATION FOR EXEMPTION FROM SUBDIVISION REGULATIONS
The request is hereby made on behalf of Robert Blitz
(hereinafter referred to as "applicant") under ~20-l9 of the
Aspen, Colorado, subdivision regulations for exemption from
the definition of the term "subdivision" with respect to the
real property described as Lot 14, Block 2, Anthony Acres
Subdivision, City of Aspen, Pitkin County, Colorado. It is
submitted that an exemption in the case would be appropriate.
The application involves subdivision of an existing duplex.
A subdivision of one (1) lot with a duplex on it creates
conditions whereby strict compliance with subdivision regula-
tions would deprive the applicant of reasonable use of his land.
If an exemption is granted, the applicant will have a common
interest in the land and there will be a condominium declaration
and agreement applicable 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 insure the proper distribution of population.
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-l9, 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,
In addition, this application does not include property
that would come under the purview of the new condominiumization
ordinance, Ordinance 39. This duplex is newly constructed and,
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as such, has never been within the low, moderate and middle
income housing pool that is of primary concern to the City.
The property has a value in excess of five hundred thousand
dollars ($500,000.00). This new structure has never been
rented, either long term or short term, and, as such, would
not be appropriate for any kind of rental or price restrictions.
In the event additional information is necessary, I
will be happy to supply it.
The applicant would appreciate your consideration of
this application at your next regular meeting.
Dated: March 6, 1979.
G~~:l
Attorney for Robert Blitz
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Recorded 1;00 PM May 4 )79 Reception #
21,1165
Lo, .ta Banner Recorder
BOOK361 it,Ct 935
STATEMENT OF EXEMPTION
FROM
THE DEFINITION OF SUBDIVISION
WHEREAS, ROBERT BLITZ is the owner of a parcel of land
located in the City of Aspen, Pitkin County, Colorado, more
particularly described on Exhibit A attached hereto and
incorporated herein by this reference, and
WHEREAS, Robert Blitz (hereinafter referred to as
"applicant") has an existing duplex located on the property
described on attached Exhibit A, and
WHEREAS, the applicant has requested an exemption from
the definition of subdivision for the purpose of subdividing
the existing duplex through condominiumization, and
WHEREAS, the Aspen Planning and Zoning Commission, at
its meeting held on the seventeenth day of April, 1979, deter-
mined that an exemption from the definition of subdivision is
appropriate and recommended that the same be granted, and
HHEREAS, the City Council determined that the subdivision
of the existing duplex through condominiumization is not within
the intent and purpose of the subdivision ordinance set forth
in Chapter 20 of the Aspen Municipal Code,
NOH, THEREFORE, the City Council of Aspen, Colorado,
does hereby determine that the proposed subdivision of the duplex
located on the property described on attached Exhibit A by its
condominiumization is not within the intents and purposes of the
subdivision ordinance and does, for such reason, grant an
exemption from the definition of such action, provided, however,
that any existing tenants be given written notice when their
units are offered for sale, which notice shall specify the sales
.
BOOK 36 7 p,m 936
price, Each tenant shall have a ninety- (90) day option to
purchase this unit at this price. In addition, each tenant shall
have a ninety- (90) day exclusive non-assignable right of first
refusal to purchase his or her unit, which shall commence when a
bona fide offer is made by a third person and accepted by the
owner. In the event that such offer is made while the ninety-
(90) day option is still in effect, the tenant may purchase the
unit for the amount of the initial sales price or the amount of
the bona fide offer, whichever is less, and provided, however,
that all units shall be restricted to six- (6) month minimum
leases with no more than two (2) shorter tenancies per year.
The City Council's grant of this exemption is further
conditioned on the recording, contemporaneously herewith, of an
agreement whereby Robert Blitz for himself, his heirs and
assigns agrees to hold the City of Aspen harmless in the event of
damages to the premises described on Exhibit A attached hereto
caused by the City of Aspen's inability, due to a lack of
Dated:
premises.
adequate access, to extinguish a
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0001(361 p,'~t937
EXHIBIT A
TO
STATEMENT OF EXEMPTION
FROM
THE DEFINITION OF SUBDIVISION
ALL that portion of Lot 14,
Block 2
ANTHONY ACRES SUBDIVISION,
City of Aspen, lying Easterly of the following described line, to wit:
BEGINNING at the Northwest Corner of said Lot 14, thence
South 74~ 30' East 122 feet along the Northerly line of said Lot 14
to the True point of beginning;
thence South 15. 30' West and paralled to the Easterly line of said
Lot 14 to the Southerly line of said Lot 14.
EXCEPTING therefrom any portion of Parcel One, Parcel Two and
Parcel Three as described in Exhibit nAn, First Supplement to
the Condominium Declaration for the Durant, recorded December 18,
1969 in Book 245 at Page 102 of the pitkin County, Colorado records.
City of Aspen,
pitkin County, Colorado
- Recorded 1; 01 PM May 4 1979 RecE. "on #
Loretta E ler Recorder
21/1166
BOOl( 367 /;11;[ 938
AGREEMENT
ROBERT BLITZ for himself, his heirs and assigns hereby
agrees forever to hold harmless the City of Aspen with respect
to any damages resulting from the City of Aspen's inability to
extinguish a fire occurring at the premises described on Exhibit
A attached hereto and incorporated herein by this reference, where
the inability to extinguish the fire is attributable to a lack
of adequate access for the purpose of firefighting to the
premises.
Dated:
April 27, 1979.
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ROBERT BLITZ by his act ey
in fact, Gideon Kaufman
Aspen.
This agreement is approved and accepted by the
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STACY
City of
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TANDL~~OR
Attest:
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STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
Acknowledged, subscribed and sworn to before me this
127th day of April, 1979, by Gideon Kaufman, attorney in fact
for Robert Blitz.
~\~J'l.':';;:t';,; My conunission expires September 12, 1982.
.-.~--" f....'.</'>-Witness my hand and official seal.
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1l(j(l1\361 PAli939
EXHIBIT A
TO
AGREEMENT
BETIIEEN
ROBERT BLITZ AND THE CITY OF ASPEN
ALL that portion of Lot l4,
Block 2
ANTHONY ACRES SUBDIVISION,
City of Aspen, lying Easterly of the following described line, to wit:
BEGINNING at the Northwest Corner of said Lot 14, thence
South 74~ 30' East 122 feet along the Northerly line of said Lot 14
to the True point of beginning;
thence South IS" 30' West and paralled to the Easterly line of said
Lot 14 to the Southerly line of said Lot 14.
EXCEPTING therefrom any portion of Parcel One, Parcel Two and
Parcel Three as described in Exhibit "A", First Supplement to
the Condominium Declaration for the Durant, recorded Dece~ber 18,
1969 in Book 245 at Page 102 of the Pitkin County, Colorado records.
City of Aspen,
Pitkin County, Colorado