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HomeMy WebLinkAboutcoa.lu.ex.1100 Cemetery Ln.1979 II_"~~_~_~M'_.M.~_+"_' ,..- 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 J ~-"~.'. '.'" .-:,..j' -(J -.; ~ . .'\~~-:- . Koch, ':. \, -- ,~..... L.) ) ) ss: 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. \.. "(I' STATE OF COLORADO ,~ _ I') ~..,..\ '/;. c' ",. c ''My C: L\ \:. ( c u,<O)VITNESS .~ c' r C \c . . .. J ,. commission expires: My Cam.",!"s:cn'cy,:"", n".-'e' 19 1982 I" '"' IJl -"l'''. ....') .."...<...'1,.1. 1 my hand and official seal. ~1t.u~~~ 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. sr _"_'_"__~_""_'_M~_'_~~'+_~""_'"M____'_"__"~____'_,"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 LL- "Steven H'ansen SH:rld Ene. $50.00 check Improvement Survey John D. King Letter l(~/~ f~~ y- e~~'~ ~ {L~/ ( e~eJ k~ ~/1 ~i " ~I ~d /100 ~v~ t~ t ~~ L~ JJ j-Jf - l,-u--1-L-:C\ ~O ~. Zf"'~ ~ ~Q-k4 '.JL~ L~,,-, c~ ,~ ~c~.J ~~\ ~~l~--L ~J2 ~ CLo ~ \ / ! / (,.~/ JOHN 0, KING MACATAWA, MICHIGAN 49434 (616) 335-8957 ~ ~,/ cr '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, 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. jk cc: Jim Reser, Alpine Surveys -- ....,,...,- 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. - ~* ,-'"-~ 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 t,