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HomeMy WebLinkAboutcoa.lu.ex.1100 Cemetery Ln.1979► rn- Ex aq BLISS (Lot 1, Block 2, Pitkin Mesa) E Recorded at I 1:25 A.M. Jan 30,79 Loretta Banner Recorder ption No: 2.1153 362. 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 said property by its condominiumization is not within the intent and purpose of the subdivision ordinance and does, for such reasol 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 (2) shorter tenancies per year. DATED this o2�/ day of 1979. tacy Standl y III Ma or By: H. Michael Be�re%t, Mayor Pr I, Kathryn S. Koch, do hereby certify that the"foregoing Statement of Exemption from the Definition of Stb4V''?... was considered and approved by the Aspen City Coung1l,at its:'regular meeting held January 22, 1979, at which time the.fiayor, Stacy Standley III, was authorized to execute the sa-me:or­bebV °of the City of Aspen. ' �f Kathryn 9. Koch, i,, y . STATE OF COLORADO ) ) ss: COUNTY OF PITKIN ) The foregoing was acknowledged before me this day of 1979, by Stacy Standley III, Mayor, and Kathryn S. chf gity Clerk, both of the City of Aspen, Colorado. "My commission expires: My Commission expires October 19, 1982 . _,;P ,WITNESS my hand and official seal. otary Public Te �� �3 � �,� • 0 M E M O R A N D U M 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. sr 0 • 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 Z10C Z6 Steven Hansen SH:rld Enc. $50.00 check Improvement Survey John D. King Letter JOHN D. KING MACATAWA, MICHIGAN 49434 (616) 335-8957 i c i 1/(a z I ! q 7 S. 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, Michigan for over 10 years prior to selling 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 employee 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. CITY OF ASPEN 130 south galena street aspen, colorado 81611 MEMORANDUM DATE: January 2, 1979 TO: Richard Grice i� FROM: �,on Stockj RE: Bliss Duplex Subdivision Exemption I have no objection to the application for subdivision exemption of the Bliss duplex. -WS :.nc i • M E M O R A N D U M TO: RICHARD GRICE PLANNING FROM: DAVE ELLIS 17 CITY ENGINEER �'- 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. jk cc: Jim Reser, Alpine Surveys MEMORANDUM TO: Ron Stock, City Attorney Dave Ellis, City Engineer FROM: Richard Grice, Planning Office RE: Bliss Duplex -Subdivision Exemption DATE: 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. FEE SCHEDULE (City) Name of Project: CLPdot,IV 141,941 M-r/O� _ Address: pric -P-J /ritEs4 Applicant's Name: LEA 1�Rocz— Applicant's Address: 0- /dOx W-4,3 Phone: qzc , B'-7S1 Amount of Payment: Date:^ /.? /� - �f C'kc�ll*Ve, 172 FOR ZONES WHICH ARE R-15, R-30, R-40, RR and CONSERVATION, the Subdivision Fee Formula is as follows: Conceptual $100 + $5.00/dwelling unit Preliminary $22.00/dwelling unit Final $3.00/dwelling unit FOR ALL OTHER ZONES the Subdivision Fee Formula is as follows: Conceptual $100 + $60.00/acre of land Preliminary $260.00/acre of land Final $35.00/acre of land %4XEMPTION FROM THE DEFINITION OF SUBDIVISION FEE: $50.00 REZONING APPLICATION FEE: $125.00 (once a year) CONDITIONAL USE: $20.00 m SURVEYORS CERTIFICATE I HEREBY CERTIFY THAT THIS MAP ACCURATELY DEPICTS A SURVEY MADE UNDER MY SUPERVISION ON NOV. 6 1978, OF LOT, , OLOCK 2, PITKIN MESA SUBDIVISION, PITKIN COUNTY, CO ADD THE TWO STORY WOOD FRAME HOUSE WAS FOUND TO BE WCATiD ENTIRELY WITHIN THE BOUNDARY LINES OF THE ABO'VX DESCRIBED PROPERTY AS SHOWN HEREON. HE LOCATION EASEMENTS, -WAY OTO IN EVIDENCE OR KNOIMPROVEMENTS R GH OF N ME AN6 MENT BY OR ON THESE PREMISES ARE ACCURATELY SHOviN. PENE SURVEYS by : S S R NOVEMSER 0 ,1978 L.S. 918 4 7 5 r CORNER NOTSET ") OLD FENCE-9 _ MOSTLY DOWN 0 5 10 20 30 40 50 FT. SCALE: I°= 10' BASIS OF BEARING: FOUND MONUMENTS AS SHOWN ---14.53 ). H. —14.5'' - -- LOT BLOCK 2 PITKIN MESA SUBDIVISION AREA: 18032 SQ. FT. � FOUND '� REBAR W/ PLAS.CAP I L.S. 12707 m Li- cn m FOUND REBAR W/ PLAS. CAP L.S. 12707 ALPINE SURVEYS SURVEYED: 6 NOVEMBER 1978 MM TITLE: IMPROVEMENT SURVEY DRAFTED: 13 NOVEMBER 1978 D.Mc Box 1730 REVISIONS LOT I ,BLOCK 2 Aspen, Colorado 81611 PITKIN MESA SUBDIVISION PITKIN COUNTY,COLORADO 303.925.2688 JOB NO.: 78- 82-2 CLIENT: PARDEE SHEETNO ; I of I