HomeMy WebLinkAboutcoa.lu.ex.Lot15AnthonyAcres-BlitzII.1979
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expir.. Se~t~mber 12, 1932.
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BLITZ A:m THE C:TY OF ASPE.~J
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LAW OF"FICES
AUSTIN MCGRATH & JORDAN
600 EAST HOPKINS AVENUE
SUITE 205
RONALD O. ....USTIN
..l. NICHOLAS MCGRATH. .JR.
WIL.LIAM R. JOROAN m
ASPEN, COLORADO 81611
February 12, 1981
AR!:A CODE 303
TELEPHONE 925-2601
B. LEE SCHUMACHER
Mr. Alan Richman
Aspen/Pitkin
Planning Office
130 S. Galena
Aspen, CO 81611
Re: Christopher B. Hemmeter
Dear Alan:
I enclose a copy of the hold harmless agreement
protecting the city with regard to fire access at the Blitz,
now Hemmeter, house. As you will see from the agreement, and
as Bob can tell you, it fully binds Chris Hemraeter and hence
it is my assumption that further documentation would not be
necessary on this issue.
Sincerely,
AUSTIN, ~1cGRATH & JORDAN'
CO"V'Oi:;C:,'c J " 'c' '" "I'H JR
i"' SiGNEr . 11l1...<-I...,L.I,,) l-;.L l:rth , .
By
J. Nicholas McGrath, Jr.
JNMjr/dw
Enclosure
cc: Robert B. Edmondson, Esq. w/enc.
Gideon I. Kaufman, Esq.
Mr. Jack Miller
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RedeptionNo.
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Loretta BAnner, Recoraep
Feb. 28, L980
SUliK 384 fMt 335
Recorded at Z:J9 P.M.
AGREEt~ENT
THIS AGREEMENT, made and entered into this /~ day of November,"
1979, by and between ROBERT BLITZ of Potomac, Maryland (hereinafter referred
to as "Blitz") and THE CITY OF ASPEN, a municipal corporation and home rule
city (hereinafter referred to as the "City").
WIT N E SSE T H
WHEREAS, Blitz desires to excavate part of the street known as South
Galena Street adjacent to certain real property owned by him situate in the
City of Aspen, Pitkin County, Colorado, described as Lot 15, Anthony Acres
Subdivision, and
WHEREAS, in order to be permitted to make such excavation, Blitz is
willing to abide by certain terms and conditions as set forth herein, and
WHEREAS, City is willing to issue a permit for such excavation
provided Blitz abides by certain terms and conditions as set forth herein,
NOW, THEREFORE, in consideration of the issuance of the permit and
I adherenceftol the terms and conditions set forth herein, the parties hereto
Ii agree as 0 lows:
1. The City shall issue a permit to Blitz for excavation work
to be done on South Galena Street in front of Lot 15, Anthony Acres Sub-
division, City of Aspen, Pitkin County, Colorado.
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II the fo 11 owi ng:
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Iweather is above freezing.
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2.
Blitz shall perform the excavation work in accordance with
a.
The work shall be done as soon as possible when
b.
The backfill shall be done using unfrozen road base
material in maximum 12" lifts compacted to 95% ASTM 0698-64T (Section 19-
77a) .
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!llB384 i'~Lt 336
c. Contractor on the job shall call for inspections of
1: backfill operation.
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Ii d. Cut, excavation, tap and backfill within ROW to be
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'I completed between 8:00 a.m. and 5:00 p.m. of same day.
e. Blitz shall provide temporary cold mix patch and
replace with hot mix in spring.
f. Blitz shall repair any settlement which may occur in
the patch itself or in the immediate vicinity for one (1) year after date of
completion.
g. Blitz shall escrow the sum of five hundred dollars
($500.00) with the City to permit City to carry out needed maintenance should
the excavation work prove faulty. This sum will be refunded following one
(1) year after date of completion of the excavation work less any amount
spent for maintenance.
3. Blitz acknowledges that this permit for excavation work is
being issued as an exception to the City Code covering such work and agrees
to pay a double fee in the amount of thirty dollars ($30.00).
IN WITNESS WHEREOF, the parties hereto have executed this agreement
as of the date first above written.
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THE CITY OF ASPEN
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MEMORANDUM
TO: Sunny Vann, Planning Office
FROM: Jay Hammond, Engineering Department
DATE: December 7, 1979
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RE: Blitz II Subdivision Exemption; Lot 15, Anthony Acres
Subdivision
Having reviewed the survey plat for the above subdivision
exemption and having made a site inspection the Engineering
Department recommends the following:
1) The owner/applicant shall revise and resubmit the im-
provement survey plat to include the following:
A) Show areas of slope in excess of 30% behind cribbing
on east section of lot.
B) Show a minimum 5 foot easement along south property
line for gas and sewer service lines connecting to
structure on lot 4 of the Tipplewood subdivision.
C) Show a minimum 10 foot overhead utility easement
along easterly property line for service of overhead
power lines along said property line.
D) Indicate 6 on-site parking spaces as per approved
building plans dated July 6, 1979.
E) Show centerline, right-of-way dimension, and edge
of pavement on Galena Street.
2) The owner/applicant shall agree to enter into a sidewalk,
curb, and gutter improvement district in the event one is
formed and so deed restrict in the statement of exemption.
3) The owner/applicant shall provide a 10 foot wide overhead
utility easement along the Easterly property line and so
deed restrict in the statement of exemption.
4) The owner/applicant shall provide a 5 foot wide under-
ground utility easement for existing gas and sewer service
lines serving lot 4 and so deed restrict in the statement
of exemption.
5) The owner/applicant shall provide 6 parking places as
shown on the approved building plans, dated July 6, 1979
approved by Clayton Meyring, and so deed restrict in the
statement of exemption.
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The Engineering Department recommends approval of the above
subdivision exemption subject to the owner/applicant correcting
the above conditions.
PEN
130 s
tree t
. 81611
MEMORANDUM
DATE: November 21, 1979
TO: Sunny Vann
FROM: Ron Stock 0'
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RE: Blitz II 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:
[ 1 Notice and option provisions to current
tenants
[xl Each unit restricted to six-month m1n1mum
leases with no more than two shorter tenan-
cies in a calendar year.
RWS:mc
DATE:
Surmy Vann
Jim Reents, Housing Director ~
December 12, 1979
'IO:
FRCM:
SUBJECl' :
Blitz II, Anthony l\cres
In regard to the rondaninium awlication for Blitz, the Housing Office
has no objection.
Ordinance 39 (sec. 20-22) clearly does not apply to newly ronstructed
units without any rental history. Any :impact on the lCM, noderate, and
middle inccme musing pool would be secondary in nature. Conceivably,
there would be a new housing danand created within the 6lIployee sector
by any new free-market ronstruction. Our current cede, h~ver, (lees not deal with these secorrlcuy aspects.
JR:ds
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I (hereinafter referred to as "applicant") under ~20-19 (a) of
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APPLICATION FOR EXEMPTION
FROM
SUBDIVISION REGULATIONS
Request is hereby made on behalf of ROBERT BLITZ
the Aspen, Colorado, subdivision regulations for an exemption
from the definition of the term "subdivision" with respect to
real property described as
Lot 15, Anthony Acres Subdivision,
City of Aspen, County of Pitkin, State of Colorado.
An exemption in this case would be appropriate.
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The application involves subdivision of a duplex
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II under construction.
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Requiring strict compliance with subdivi-
sion regulations for the subdivision of a lot with a duplex
Ii on it creates conditions which will deprive the applicant of
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reasonable use of land.
If an exemption is granted, owners of
the property will have a cornmon interest in
the land; and
there will be either a condominium declaration or use and
occupancy 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
I assist the orderly, efficient and integrated development of
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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 920-19.
In addition, this application does not include property
that is under the purview of Ordinance 39. This duplex
I will not be within the low, moderate and middle-income housing
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I pool that is of primary concern to the city. The duplex
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is presently under construction and has not as yet been issued
a CO. When completed, each side will have a value of approxi-
mately four hundred fifty thousand dollars ($450,000.00).
In the event additional information is necessary, I
will be happy to supply it.
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II this application at your next regular meeting.
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The applicant would appreciate your consideration of
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Dated:
August 24, 1979.
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Attorney for Applicant
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
Aspen City Council
FROM: Sunny Vann, Planning Office
RE: Blitz II Subdivision Exemption
DATE: January 4, 1980
Zoni ng: L-2, Lodge Two.
Location: South Galena Street (Lot 15, Anthony Acres Subdivision)
Lot Size: Approximately 7,400 square feet.
Rental History:
Under construction, anticipated value of duplex is approximately
$450,000 per unit.
Engineering
Comments:
The Engineering Department recommends approval subject to
(1) the revision and resubmission of the owner/applicant's
survey plat, to include those items indicated in the Department's
attached memorandum, (2) the owner/applicant agreeing to
enter into a sidewalk, curb and gutter improvement district
in the event one is formed, (3) the provision of required
utility easements which are also described in the attached
memorandum, and (4) the provision of six parking spaces as
shown on the owner/applicant's approved building plans.
Attorney's
Comments:
If the Blitz II subdivision exemption is granted, approval
should be conditioned upon the owner/applicant complying
with the six month minimum lease restriction of Section
20-22 of the Municipal Code. The City Attorney's memorandum
is attached for your review.
Housing Director's
Comments:
No objection, Section 20-22 not applicable to new units with
no prior rental history. The Housing Director's memorandum
is attached for your review.
Planning Office
Recommendation:
Approval subject to the owner/applicant complying with the
minimum lease restriction of Section 20-22 and the conditions
stipulated in the Engineering Department's memorandum dated
December 7, 1979.
P & Z
Recommendation:
In view of the stated intent of the L-I zone, the City
Attorney withdrew his recommendation for approval subject
to six-month minimum lease. The Planning Office concurred
with the deletion of the six-month l,ease requirement and
the Planning and Zoning Commission approved the applicant's
request for subdivision exemption subject only to the con-
ditions stipulated in the Engineering Department's memoran-
dum dated December 7, 1979.
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Recorded 9: 50 AM Apr I 1 19srl Recepti on#
Loretta Banner Recorder
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~OD1',JM:J ,1.',' .170
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STATEMENT OF EXEMPTION
FROM
SUBDIVISION REGULATION
if T L~
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~'1HEREAS, ROBERT BLITZ (hereinafter referred to as "owner")
is the owner of a parcel of land located in the City of Aspen,
pitkin County, Colorado, more particularly described as Lot 15,
Block 2, ANTHONY ACRES SUBDIVISION, on which there is situate an
existing duplex, and
WHEREAS, owner has requested an exemption from subdivision
regulation for the purpose of subdividing the existing duplex
through condominiumization, and
WHEREAS, the Aspen Planning and Zoning Commission, at
its meeting held on the ~ day of ~ ' 19W,
determined that an exemption from subdivision regulation is
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I appropriate and recommended that the same be granted, and
I WHEREAS, the City Council of Aspen, Colorado, has deter-
I mined that the subdivision of the existing duplex through condo-
miniumization is not within the intents and purposes of the sub-
division ordinance set forth in Chapter 20 of the Aspen Municipal
Code,
NOW, THEREFORE, the City Council of Aspen, Colorado,
does hereby determine that the proposed subdivision of the
duplex located on Lot 15, Block 2, ANTHONY ACRES SUBDIVISION,
City of Aspen, Pitkin County, Colorado, by its condominiumization
is not within the intents and purposes of the subdivision
ordinance and does, for such reason, grant an exemption from
the regulation of such action subject to the following:
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
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llDOK385 iN' "/71
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 (Ill) 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. Owner agrees to enter into a sidewalk, curb
and gutter improvement district in the event one is formed.
4. Owner agrees to provide a ten- (10) foot wide
overhead utility easement along the easterly property line.
5. Owner agrees to provide a five- (5) foot wide
underground utility easement for existing gas and sewer service
lines serving Lot 4 of the Tipplewood Subdivision.
Dated
Attest:
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I, Robert Blitz, being the owner of the herein described
property, agree to the provisions contained in this Statement of
Exemption from Subdivision Regulation. " ,',' ~ '
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~'bert Bl ~'tz
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subscribed and sworn to before
1980, by ROBERT BLITZ.
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STATE OF COLORADO
COUNTY OF PITKIN
Acknowledged,
day of March,
My commission expires
Witness my hand and
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BDOK 385 '!,'"L 772
ss.
me this 'S/
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MEMORANDUM
TO: Ron Stock, City Attorney
Dan McArthur, City Engineer
FROM: Sunny Vann, Planning Office
RE: Blitz II Subdivision Exemption
DATE: November 13, 1979
Attached please find apPlication for subdivision exemption filed by Robert
Blitz for the purpose of condominiumization of a duplex under construction located
on Lot 15, Anthony Acres Subdivision. This item is scheduled to corne before the
Aspen Planning and Zoning Commission on Tuesday, December 18, 1979. Therefore,
may I please have your written comments no later than Monday, December 10, 1979.
Than k you.