HomeMy WebLinkAboutcoa.lu.ex.1100 Cemetery Ln.1979
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Recorded at 9:25 A.M. Jan 30, '979 Loretta Banner Recorder Rc 'eption No;
21153~
]6Z '702.
STATEMENT OF EXEMPTION
FROM THE DEFINITION OF SUBDIVISION
WHEREAS, BLISS ENTERPRISES, a Colorado partnership, is
the owner of a parcel of land located in Pitkin County, Colorado,
more particularly described as:
Lot 1, Block 2,
PITKIN MESA SUBDIVISION,
City of Aspen, Colorado,
known as 1100 Cemetery Lane;
and,
WHEREAS, the applicant has an existing duplex located on
said property; and,
WHEREAS, 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 January 16, 1979, 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 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;
THEREFORE, the City Council of Aspen, Colorado, does hereby
determine that the proposed subdivision of the duplex located on I
said property by its condominiumization is not within the intent i
and purpose of the subdivision ordinance and does, for such rea so ,
grant an exemption from the definition of such action;
PROVIDED, HOWEVER, that the foregoing exemption is condi-
tioned upon the units being restricted to six (6) months minimum
leases with no more than two tenancies per year.
DATED this c::29 day of
.
tacy StandI y III Mayor
By: H. Michael Behrenat, Mayor Pr Te
I, Kathryn S. Koch, do hereby certify that!;l1e'''f'oregoing
Statement of Exemption from the Definition of S!#\~~~,cw:as
considered and approved by the Aspen Ci ty coun~il.at, i t!;';:regular
meeting held January 22, 1979, at which time 1#1e iMa'f~r ,S"'t:-acy
Standley III, was authorized to execute the s~e:~'~~~~~~ the
City of Aspen. %. \;i'cl::' '):j./ f
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. Koch,
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COUNTY OF PITKIN )
~., The foregoing was acknowledged before me this.30'fb day of
,'c' ~ ' 1979, by Stacy Standley III, Mayor, and Kathryn S.
r ,<;:h') City Clerk, both of the City of Aspen, Colorado.
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STATE OF COLORADO
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commission expires: My Cam.",!"s:cn'cy,:"", n".-'e' 19 1982
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my hand and
official seal.
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M E M 0 RAN DUM
TO: Aspen City Council
FROM: Richard Grice, Planning Office
RE: Bliss Duplex-Subdivision Exemption
DATE: January 18, 1979
The attached application requests exemption from the definition of
subdivision for the purpose of condominiumization of the duplex which is
currently under construction on Lot 1, Block 2, Pitkin Mesa Subdivision.
The structure has just been expanded from a single family structure into
a duplex. The new unit has never had an occupant and the original unit
has been occupied by its owner for the past 10 years. The original unit
was owned by Mr. John King, presently of Macatawa, Michigan for over 10
years prior to selling to the present owners in July, 1978. The appli-
cants have provided evidence that Mr. King has occupied this home as his
primary residence and not as a rental for employee housing for the past
10 years.
The application was referred to City Engineering which comments as
follows, "After reviewing this application and having made a site inspec-
tion of the project, the Engineering Department recommends granting of the
exemption. The Engineering Department's only comment is that the owner
and surveyor should be aware that there is a 15" wide utility easement
adjoining the northerly property line and recorded in Book 228, at Page
236. The City water utility does have a 6" cast iron water main within
this utility easement." This comment was made for informational purposes
only.
Ron Stock has reviewed this application and has no objection to the
proposal. Ron recommends granting of the exemption for the condominium-
ization of the Bliss Duplex.
The Planning and Zoning Commission reviewed this application at their
regular meeting on January 16, 1979 at which time they recommended appro-
val subject to a six month minimum lease restriction with no more than
two shorter tenancies a year. They felt that the criteria of Ordinance
#39 is not applicable in this case, because there were no tenants involved.
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P. O. Box 4153
Aspen, Colorado 81611
December 12, 1978
Ms. Karen Smith
City/County Land Use Administration
Aspen City Hall
130 S. Galena Street
Aspen, Colorado 81611
RE: Bliss Enterprises Duplex
Dear Ms. Smith:
Please consider this letter a formal application
to the Aspen Planning & Zoning Commission for an exemption
from the term "subdivision," as defined in the Aspen
Municipal Code, Sec. 20-20, with respect to the proposed
condominiumization of the two-family dwelling ("duplex")
now under construction at 1100 Cemetery Lane (Lot 1, Block
2, Pitkin Mesa Subdivision) and situated on over 18,000
square feet within the City of Aspen. The duplex structure
is a permitted use under the applicable zoning regulations,
and the condominiumization thereof is solely for purposes
of modifying the nature of ownership of this structure, and
will involve no additional land use, density or resource
impact.
Current City policy allows an exemption from sub-
division requirements for the condominiumization of existing
duplex structures, and it is further submitted that there is
no meaningful distinction between such an exemption and the
exemption of a duplex to be completed in the near future.
Ordinance 39, as recently passed by the Aspen
City Council, requires that owners wishing to condominiumize
a duplex must prove that there is no displacement of tenants.
The structure in question has just recently been expanded
from a single-family structure into a duplex; the new unit
has never had an occupant. The original unit was owned by
Mr. John D. King, presently of Macatawa, Michigan, for over
ten years prior to selling to the present owners in July,
1978. In his letter to Ms. Smith (attached), Mr. King
,''''',,-
Ms. Karen Smith
December 12, 1978
Page 2.
indicates that during the last ten years 1100 Cemetery
Lane was used as his "primary residence and not as a
rental for employee housing." The structure has been
unoccupied since it was purchased in July; upon completion
of the remodeling, I plan to move into the unit and vacate
a rental unit in Mountain Valley.
We would appreciate your earnest consideration
of this application.
Very truly yours,
BLISS ENTERPRISES
By LL-
"Steven H'ansen
SH:rld
Ene. $50.00 check
Improvement Survey
John D. King Letter
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JOHN 0, KING
MACATAWA, MICHIGAN 49434
(616) 335-8957
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Richard Grice, Planning Office
RE: Bliss Duplex-Subdivision Exemption
DATE: January 11, 1979
The attached application requests exemption from the definition of subdivision
for the purpose of condominiumization of the duplex which is currently under
construction on Lot 1, Block 2, Pitkin Mesa Subdivision. The structure has just
been expanded from a single family structure into a duplex. The new unit has
never has an occupant and the original unit has been occupied by its owner for
the past 10 years. The original unit was owned by Mr. John King, presently of
Macatawa, Mi chigan for over 10 years prior to sell i ng to the present owners in
July, 1978. The applicants have provided evidence that Mr. King has occupied
this home as his primary residence and not as a rental for emp)ioyee housing for
the past 10 years.
The application was referred to City Engineering which comments as follows,
"After reviewed this application and having made a site inspection of the
project, the Engineering Department recommends granting of the exemption. The
Engineering Department's only comment is that the Owner and surveyor should be
aware that there is a 15' wide utility easement adjoining the northerly property
line and recorded in Book 228, at Page 236. The City water utility does have
a 6" cast iron water main within this utility easement." This comment was made
for informational purposes only.
Ron Stock has reviewed this application and has no objection to the proposal.
Ron recommends granting of the exemption for the condominiumization of the Bliss
Duplex.
Due to the fact that there are no tenants involved, we recommend approval
of the subdivision exemption provided all units shall be restricted to 6 month
minimum leases with no more than two shorter tenancies per year.
CIT
MEMORANDUM
DATE: January 2, 1979
TO: Richard GriC~/
FROM: :;on Stock .f
RE: Bliss Duplex Subdivision Exemption
I have no objection to the application for subdivision
exemption of the Bliss duplex.
HWS:mc
M E M 0 RAN DUM
TO:
RI CHARD GRI CE
PLANNING
FROM:
DAVE ELLIS \l\C
CITY ENGINEER 1:'St-t--
DATE:
January 3, 1979
RE:
Subdivision Exemption Request -
Lot 1, Block 2, Pitkin Mesa (Bliss)
After having reviewed this application and having made a site
inspection of the project, the engineering department recommends
granting of the exemption. The engineering department's only
comment is that the owner and surveyor should be aware that there
is a fifteen foot wide utility easement adjoining the northerly
property line and recorded in Book 228 at Page 336. The City
water utility does have a six inch cast iron water main within
this utility easement.
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cc: Jim Reser, Alpine Surveys
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MEMORANDUM
TO: Ron Stock, City Attorney
Dave Ellis, City Engineer
FROM: Richard Grice, Planning Office
RE:
DATE:
Bliss Duplex-Subdivision Exemption
December 26, 1978
The attached application and plat request exemption from the definition
of subdivision for the purpose of condominiumization. The structure has
just recently been expanded from a single family structure into a duplex.
The new unit has never had an occupant and the original unit has been
occupied by its owner for the past 10 years.
This item is tentatively scheduled for review by the City Planning
and Zoning Commission on January 16, 1978. In order to make that meeting
date, we will need your written comments returned to the Planning Office
no later than January 5, 1978. If you are unable to make this deadline,
please let me know immediately and we will reschedule the review.
Thank you very much.
-
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FEE SCHEDULE
(City)
Name of Project: &/~f' (1AJPtJdUl'lfU""'i:A-'-'OW
Address: :;::;rl<',J /to( ~!'4
Applicant's Name: L..€& MRf/IiE. Phone: qz~ - 3:j-~1-
Applicant's Address: ~O. ~ lC' </g3
Amount of Payment:
-5 ~ <<J
Date:
/.2'/1.. rf CL..~ /lie /??
FOR ZONES WHICH ARE R-15, R-30, R-40, RR and CONSERVATION, the Subdivision
Fee Formula is as follows:
Conceptual
Prel iminary
Final
$100 + $5.00jdwelling unit
$22.00jdwelling unit
$3.00jdwelling unit
FOR ALL OTHER ZONES the Subdivision Fee Formula is as follows:
Conceptual
Preliminary
Final
$100 + $60.00jacre of land
$280.00jacre of land
$35.00jacre of land
~XEMPTION FROM THE DEFINITION OF SUBDIVISION FEE: $50.00
REZONING APPLICATION FEE: $125.00 (once a year)
CONDITIONAL USE: $20.00
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