HomeMy WebLinkAboutcoa.lu.ex.LotsE-G,Blk61.HymanSt.Duplex.1981
BAKER EMPLOYEE HOUSING
SPECIAL REVIEW:
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Pardee nominated Welton Anderson for vice-chairman. Hunt seconded.
Harvey nominated Joan Klar for vice-chairman. Hedstrom seconded. Hunt
moved to close the nominations. Klar seconded. All in favor. Motion
carried. The committee used paper ballots, Smith collected and the
secretary tallied. The results were Anderson 4, Klar 2.
Sm~h introduced Reents as the Housing Administrator. Smith stated that
Reents has been put in charge of the Housing Administration function.
Reents stated that the applicant is requesting a third unit in which a
duplex is allowed under the Growth Management Quota System in the RMP
Zone. Reents stated that in his memo a correction should be made which
should read Lots C-G as opposed to just Lot G. There is a total of
9000 square feet of lot area. The densities are permitted in the RMF,
Bwt however a duplex is exempted under the Growth Management system.
Under Section 24-10.10, employee units are also exempted f~om the Growth
Management System. The applicant proposes to build the third unit in
one side of the duplex, which he could construct ~Pjright, and is willing
to enter into agreement with the City that it be designated moderate
income housing, deed restricted, and rental price restricted. Reents
stated that the only action that they would have to take is to make a
determination and recommendation to city Council as to in fact it does
meet the requirements of being an employee unit. They should make a
recommendation of either an approval or denial to the City Council.
Pardee stated that he was in favor. But in the letter to the planning
Office, Mr. Baker indicated that there will be certain duties. What
might happen is that people would be paying moderate rent but, they
would have to be a babysitter, cook, put shingles on the roof and whatever
Pardee asked if this question ever came up before, and if it had, what
their position is on this.
Mr. Baker commented on this note. Baker stated that it was a type of
situation in which they trade some services that are really nominal
services to reduce rent to below the guideline rent. It works out for
both parties because in a place this size, it usually lacks on premise
management. So in this case, the person could benefit from reduced
rent, and still hold down a full time job. It works out for the owner
and the employee. Pardee stated that he agreed completely. But, Pardee
commented, in this town where housing is so limited, people would do
anything to get housing.
Hedstrom stated that it could happen on any of these cases.
way that they could control this thing. ..z....,- !1. !!ili"'-':~""';""''''
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There is no
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Jeff Sachs, local attorney, was on hand for a couple of comments. He
stated that in the separate ordinances where they would set the employee
housing rates, why could they not amend that later and say that the
rental charge not exceed so much per square foot. In this way, it would
avoid the abuse that Pardee suggested.
Hedstrom stated that he did not like stipulations or conditions.
Harvey felt that it was important to deal with this problem.
Baker stated that he did not object, but there is a deed restriction and
language. The legal language can be determined.
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RICORD OF 'ROCEEDINGS
Plann1
and zooin commission, R ular ~eeti
Jul 11, 1979. Council Chambers,
e 3
Hunt moved to recommend exemption from application of the Growth
Management Plan and approval of one additional unit as employee housing
making the project a triplex as described in the Baker application
concerning Lots C-G, Block 61, original Townsite, provided that this
additional unit comes under the moderate price guidelines for employee
housing and the property deed restricted, otherwise the impact on land
use is within an existing code limits and the addition of an employee
unit as a benefit to the community. Anderson seconded. All in favor.
Motion carried.
Pardee stated that he would like Reents to come back to their next
meeting, so that they could recommend to Council the price and rental
guidelines for three different levels of employee housing to include the
price per square foot. This way, they would never have to worry about
this again.
HILDUR ANDERSON
SUBDIVISION:
Vrchota stated that this application is for an exeption subdivision
proceedures for 1.4 acres of land owned by Hildur Anderson. It is
located on the east side of the Roaring Fork River and south of Cooper.
The proposal is to split off one 6000 square foot lot for sale for a
single family unit. She would retain the rest of the property which woul
give her the right to build a duplex. In this area, the property that
is left open may be possibly sold to the City as a park. Basically she
would like to have a more modern residence for her children so that they
could visit her more comfortably. Vrchota stated that there are two
considerations to this and those are 1, conceptual approval and 2,
consideration of an exeption. Vrchota recommends that they do grant
conceptual approval and recommend that to City Council, with several
conditions. The City Engineer does not suspect any problems with the
preliminary plat even though he did not examine it throughly yet. One
of the conditions would be his approval of the plat plus the dedication
of the 20 foot wide trail easement extending along the river edge of
the property. Second condition of the approval would be the payment of
the park dedication fee on the smaller lot. The third condition would
be if there would be condominuimization, then there will be a park
dedication fee on the new unit.
Stock explained for new members that in Ordinance 3 and Ordinance 4 of
1978, City Council under the recommendation of the Planning and Zoning
Commission adopted a policy that there could be no subdivision unless
they have plans for approval. That allowed for the division of a piece
of property that had an existing structure into two lots. The second
lot that is vacant would be restricted into a single family dwelling
unless growth management approval was obtained. Stock stated that they
have done this a number of times. With the lot that is there now, they
have the right to destroy the existing building and build a duplex there.
Stock stated that he would recommend that the park dedication fee be
left until the time of the building permit is ~equired. The reason is
that they do not know how many bedrooms it would have until the time thai
the plans are submitted.
Jeff Sachs, Hildur Anderson's attorney, stated that he would appreciate
it if they would pass it at this time subject to their review or subject
to City Council's approval. Sachs felt that it was not fair for her to
pay the park dedication fee. If she would knock down their building,
which is a non-conforming use because it is located within the flood plal
and if she would build a single family residence then basically there
will be no park dedication fee. If she would build a duplex, she would
be increasing the density slightly and the park dedication fee would
increase some also. But as a condition of that lot split, she would be
crivincr the Citv a 20 foot easement for almost 400 feet long along the
.ec< ""d at 11: 56AM February ,
1981 Loretta Banner, Recorder
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REVISED
COVENANTS
These Revised Covenants amend those Covenants recorded
at Book 382, Page 860-861, in the records of t~e pitkin County
Clerk and Recorder.
EDWIN II. B~~ER, JR. (covenantor), for himself, his heirs,
executors, administrators, and assigns hereby covenants with the
City of Aspen, pitkin County, Colorado, that:
1. He is the owner of the following described property
together with the improvements thereon: Lots C and D, and
the West half of Lot E, Block 61, City of Aspen, County of
pitkin, Colorado. Also described as 117 West Hyman Street
(Unit 2),119 West Hyman Street (Unit 1), and 117~ West Hyman
Street (unit 3).
2. The above-described 117~ West Hyman Street (Unit 3)
shall be restricted to rental and sale prir.e terms within housing
price guidelines as the same may be amended from time to time by
the city Council of the City of Aspen, Colorado, within the
provisions of Section 24-10.4(b) (3) of the Municipal Code of
the City of Aspen, colorado.
3. The above-described 11 7~ \~est Hyman Street (\Jni t 3) shall
be restricted to occupancy limitations within Housing Income-
Eligibility Guidelines as the same may be amended from time to
time by the city Council of the City of Aspen, Colorado, within
the provisions of Section 24-10.4(b) (3) of the Municipal Code
of the city of Aspen, Colorado.
4. The covenants contained herein may be changed, modified
or amended by the recording of a written instrument signed by
the record owners of the property and the Mayor of the City of
Aspen pursuant to a vote taken by the City Council.
5. The covenants contained herein are to run with the
land and shall be binding on all parties and all persons
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claiming under them for a period of fifty (50) years from the
date these covenants are recorded, after which time, the covenant
contained in paragraph two (2) shall be automatically extended
for successive periods of ten (10) years, unless an instrument
signed by the record owners of the property and the Hayor of
the City of Aspen pursuant to a vote taken by the City Council
has been recorded which changes said covenant, in whole or in
part, or which IBleases the same, and the covenants contained
in paragraphs three (3) and four (4) shall be released.
this ~ day of
IN WITNESS WHEREOF, this Declaration has been duly executed
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STATE OF COLORADO
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County of Pitkin
The foregoing instrument was acknowledged before me this
~ day of 2)Qflu.d
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, 198 f, by Edvlin W. Baker,
WITNESS MY BAND AND OFFICIAL SEAL.
My"'C,ommission expires:
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P,ecorded at 1l:57N! February 23,
;'BI Loretta Banner, Recorder
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REVISED
STATEMENT OF EXEMPTION FROM THE
DEFINITION OF SUBDIVISION
This Revised Statem~nt of Exemption from the Definitidn
of Subdivision amends that Statement of Exemption from the
Definition of Subdivision recorded at Book 382, Page 85g-859,
in the records of the pitkin County Clerk and Recorder.
m1EREAS, the provisions of Section 20-19 (b) of the Aspen
t1unicipal Code provide that, following receipt of a recommenda-
tion from the Planning Commission, the City Council may exempt
a particular division of land from the definition of a sub-
division set forth in Section 20-3(s) of the Code, whe, in the
judgment of the City Council, such division of land is not within
the intent and purpose of subdivision regulation, and
WHEREAS, pursuant to said Section 20-l9(b), EDWIN J. BAKER,
JR. has requested such an exemption for the condominiumi7.ation
of a three-family residence on the real property known and
described as:
Lots C and D, and the West half of Lot E,
Block 61, City of Aspen, Pitkin County,
Colorado. Also described as 117 West Hyman
Street (Unit 2), 119 West Hyman Street (Unit 1),
and l17~ West Hyman Street (Unit 3).
WHEREAS, the Aspen Planning and zoning Commission, at its
meeting held August 21, 1979, recommended approval of such
request, and
WHEREAS, the City Council has determined that the proposed
condominiumization is not within the intents and purposes of
subdivision regulation,
THEREFORE, the Aspen city Council, pursuant to the authority
granted in Section 20-19(b) of the Aspen Municipal Code, does
hereby determine and c.eclare that the proposed condominiumization
of the property above-described is without the intents and
purposes of Chapter 20 of the Aspen Municipal Code and does
hereby waive the enforcement of the City subdivision regulation
with respect thereto subject only to the notice and option
_"'_'~,___.____.' "r._....,_-".____
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provisions and the provisions regarding minimum six month
lease terms set forth in Section 20-22 of the Aspen Municipal
Code.
Done this _~~ay of k-11--U a.-~ ' 198!i,
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by the Aspen city Council at its regular meeting held on said
date.
Mayor Pro
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Ci ty Clerk
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STATE OF COLORADO )
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County of Pitkin )
The foregoing ,instrument was acknowledged before me this
#~day of 4'" . a..J'7:-.<. , 198Jl, by H. Michael
Behrendt 'a!3 Ma
Tern a
Kathryn S. Koch as City Clerk
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Slfi'Hthe",.,s::i-i:y'" of Aspen, Colorado.
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HAND AND OFFICIAL SEAL.
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Recorded at 2:Z5PM Janua1'. "9, Z980 Loretta Banner Recorde
Reception NO.
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STATEMENT OF EXEMPTION FROM THE
SDOK 382 it,G: 858
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Sahel (J.lrl ,vII( Illo€')
DEFINITION OF SUBDIVISION
WHEREAS, the provisions of Section 20-19(b) of the
Aspen Municipal Code provide that, following receipt of a
recommendation from the Planning Commission, the City Council
may exempt a particular division of land from the definition of
a subdivision set forth in Section 20-3(s) of the Code, when, in
the judgment of the City Council, such division of land is not
within the intent and purpose of subdivision regulation, and
WHEREAS, pursuant to said Section 20-19(b),
'"
EDWIN W. BAKER, JR. has requested such an exemption for the
condominiumization of a three-family residence on the real
property known and described as:
The west half of Lot E and all of Lots F & G,
Block 61, City of Aspen, Pitkin County, Colorado.
Also described as .117 West Hyman Street (Unit I),
119 West Hyman Street (Unit 2), and 117~ West
Hyman Street (Unit 3).
WHEREAS, the Aspen Planning and Zoning Commission, at
its meeting held ~ ";{//'i~, recommended approval
. /
of such request, and
WHEREAS, the City Council has determined that the
proposed condominiumization is not within the intents and
purposes of subdivision regulation,
THEREFORE, the Aspen City Council, pursuant to the
authority granted in Section 20-19(b) of the Aspen Municipal
Code, does hereby determine and declare that the proposed
condominiumization of the property above-described is without
the intents and purposes of Chapter 20 of the Aspen Municipal
Code and does hereby waive the enforcement of the City
subdivision regulation with respect thereto subject only to
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the notice and option provisions and the provisions regarding
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5DD~382 p,\Lt859
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minimum six month lease terms set forth in Section 20-22 of the
Aspen Municipal Code.
Done this~day of ~A~~ . 1~ by
the Aspen City Council at its regular meeting held on said date.
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STATE OF COLORADO )
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COUNTY OF PITKIN )
The foregoing instrument was duly acknowledged before
me this 2'8'.q day of ~_ . 19". by
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Reaorded at 2:Z6PM January 29, Z980 Loretta Banner Reaorder
COVENANTS
Reaeption NO. '221.409
5DOK 382 fACL 860
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EDWIN W. BAKER, JR. (covenantor), for.himself, his heirs,
executors, administrators, and assigns hereby covenants with the
City of Aspen, Pitkin County, Colorado, that:
1. He is the owner of the following described property
together with the improvements thereon: The west half of Lot F,
all of Lots F & G, Block 61, City of Aspen, County of Pitkin,
Colorado. Also described as 117 West Hyman Street (Unit I), 119
West Hyman Street (Unit 2) and 117~ West Hyman Street (Unit 3).
2. The above-described 117~ West Hyman Street (Unit
3) shall be restricted to rental and sale price terms within housing
price guidelines as the same may be amended from time to time by
the City Council of the City of Aspen, Colorado within the pro-
visions of Section 24-10.4(b)(3) of the Municipal Code of the
City of Aspen, Colorado.
4. The above-described 117~ West Hyman Street (Unit
3) shall be restricted to occupancy limitations within Housing
Income-Eligibility Guidelines as the same may be amended from time
to time by the City Council of the City of Aspen, Colorado within
the provisions of Section 24-10.4(b)(3) of the Municipal Code
of the City of Aspen, Colorado.
5. The covenants contained herein may be changed,
modified or amended by the recording of a written instrument signed
by the record owners of the property and the Mayor of the City of
Aspen pursuant to a vote taken by the City Council.
6. The covenants contained herein are to run with the
land and shall be binding on all parties and all persons claiming
under them for a period of fifty.(50) years from the date these
covenants are recorded, after which time, the covenant contained in
paragraph two (2) shall be automatically extended for successive
periods of ten (10) years, unless an instrument signed by the record
-2-
W01\382 f'Act861
owners of the property and the Mayor of the City of Aspen pursuant
to a vote taken by the City Council has been recorded which changes
..
said covenant, in whole or in'part, or which releases the same, and
the covenants contained in paragraphs three (3) and four (4) shall
be released.
IT WITNESS WHEREOF, this Declaration has been duly
executed this 27th day of December, 1979.
/fe;.
Edwin W. Baker, Jr.
STATE OF COLORADO ,)
) ss
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this
27th day of December, 1979 by Edwin W. Baker, Jr.
Witness my hand and official seal.
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My commission expires April 11, 1982.
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COVENANTS
EDWIN W. BAKER, JR. (covenantor), for himself, his heirs,
executors, administrators, and assigns hereby covenants with the
City of Aspen, Pitkin County, Colorado, that:
1. He is the owner of the following described property
together with the improvements thereon: The west half of Lot F,
all of Lots F & G, Block 61, City of Aspen, County of Pitkin,
Colorado. Also described as 117 West Hyman Street (Unit 1), 119
West Hyman Street (Unit 2) and 117~ West Hyman Street (Unit 3).
2. The above-described 117~ West Hyman Street (Unit
3) shall be restricted to rental and sale price terms within housing
price guidelines as the same may be amended from time to time by
the City Council of the City of Aspen, Colorado within the pro-
visions of Section 24-1o.4(b) (3) of the Municipal Code of the
City of Aspen, Colorado.
4. The above-described 117~ West Hyman Street (Unit
3) shall be restricted to occupancy limitations within Housing
Income-Eligibility Guidelines as the same may be amended from time
to time by the City Council of the City of Aspen, Colorado within
the provisions of Section 24-1o.4(b)(3) of the Municipal Code
of the City of Aspen, Colorado.
5. The covenants contained herein may be changed,
modified or amended by the recording of a written instrument signed
by the record owners of the property and the Mayor of the City of
Aspen pursuant to a vote taken by the City Council.
6. The covenants contained herein are to run with the
land and shall be binding on all parties and all persons claiming
under them for a period of fifty (50) years from the date these
covenants are recorded, after which time, the covenant contained in
paragraph two (2) shall be automatically extended for successive
periods of ten (10) years, unless an instrument signed by the record
-2-
owners of the property and the Mayor of the City of Aspen pursuant
to a vote taken by the City Council has been recorded which changes
said covenant, in whole or in part, or which releases the same, and
the covenants contained in paragraphs three (3) and four (4) shall
be released.
IT WITNESS WHEREOF, this Declaration has been duly
executed this 27th day of December, 1979.
Edwin W. Baker, Jr.
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STATE OF COLORADO )
) ss
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this
27th day of December, 1979 by Edwin W. Baker, Jr.
Witness my hand and official seal.
My commission expires April 11, 1982.
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COVENANTS
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EDWIN W. BAKER, JR. (covenantor), for'himself, his heirs,
executors, administrators, and assigns hereby covenants with the
City of Aspen, Pitkin County, Colorado, that:
1. He is the owner of the following described property
together with the improvements thereon: The west half of Lot F,
all of Lots F & G, Block 61, City of Aspen, County of Pitkin,
Colorado. Also described as 117 West Hyman Street (Unit 1), 119
West Hyman Street (Unit 2) and 117~ West Hyman Street (Unit 3).
2. The above-described 117~ West Hyman Street (Unit
3) shall be restricted to rental and sale price terms within housing
price guidelines as,the same may be amended from time to time by
the City Council of the City of Aspen, Colorado within the pro-
visions of Section 24-10.4(b) (3) of the Municipal Code of the
City of Aspen, Colorado.
4. The above-described 117~ West Hyman Street (Unit
3) shall be restricted to occupancy limitations within Housing
Income-Eligibility Guidelines as the same may be amended from time
to time by the City Council of the City of Aspen, Colorado within
the provisions of Section 24-10.4(b)(3) of the Municipal Code
of the City of Aspen, Colorado.
5. The covenants contained herein may be changed,
modified or amended by the recording of a written instrument signed
by the record owners of the property and the Mayor of the City of
Aspen pursuant to a vote taken by the City Council.
6. The covenants contained herein are to run with the
land and shall be binding on all parties and all persons claiming
under them for a period of fifty , (50) years from the date these
covenants are recorded, after which time, the covenant contained in
paragraph two (2) shall be automatically extended for successive
periods of ten (10) years, unless an instrument signed by the record
-2-
owners of the property and the Mayor of the City of Aspen pursuant
to a vote taken by the City Council has been recorded which changes
said covenant, in whole or in part, or which releases the same, and
the covenants contained in paragraphs three (3) and four (4) shall
be released.
IT WITNESS WHEREOF, this Declaration has been duly
executed this 27th day of December, 1979.
Edwin W. Baker, Jr.
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6
STATE OF COLORADO )
) ss
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this
27th day of December, 1979 by Edwin W. Baker, Jr.
Witness my hand and official seal.
My commission expires April 11, 1982.
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MEMORANDUM
FROM:
Daniel A. McArthur, City
Off ice ~
Engineer.\)
TO:
Jolene Vrchota, planning
RE: Hyman Street Duplex Final Plat
DATE: October 18, 1979
After having reviewed the revised final plat as submitted by Alpine
Surveys on lOA7/79 which includes all the correction comments as per
my letter of October 11, 1979, the Engineering Department recommE,nds
approval for the Hyman Street Duplex Subdivision. )'ul'>Mr 1tl Tl1t!
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MEMORANDUM
TO:
Joline Brchota, Planning
Office If^
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Engl.neer
FROM:
Daniel A. McArthur, City
RE: Hyman Street Duplex Final Plat
DATE: October 11, 1979
After having reviewed the final plat for the Hyman Street
Duplex Subdivision and having made a site inspection, the
Engineering Department recommends the following:
The owner/applicant shall revise and resubmit the final
plat to include the following:
a. Show dimension and centerline of Hyman Avenue
b. Show dimensions of alley
c. Show existing curb and gutter on Hyman Avenue
d. Provide new sidewalks for Lots 1 and 2 on Hyman Avenue
e. Provide new curb cuts for new driveways for Lots
1 and 2
f. Show required parking spaces for new building for
Lots 1 and 2
g. Show all setbacks for front yard, backyard, and
sideyard for Lots 1 and 2
h. Show name, addresses, and telephone numbers of
owner, subdivider, designer of subdivision and
licensed surveyor
i. Under "property description" change City and Townsite
of Aspen to read "Original Aspen Townsite" and
include acreage of Lots 1 and 2
j. Under "surveyor's certificate" include the date the
survey was made
k. Under "CiW Engineer's Approval" cross out the name
Dave Ellis and include Daniel A. McArthur
1. Under "City of Aspen Subdivision Approval and
Acceptance" add the word "attest" alongside
Kathryn S. Koch's name.
The Engineering Department recommends that no action be taken
on the final plat for the Hyman Street Duplex Subdivision
until the final plat includes the above comments.
I""
,....
~1EMORANDUM
TO: Dan McArthur, City Engineer
FROM: Jolene Vrchota, Planning Office
RE: Hyman Street Duplex Final Plat
DATE: September 28, 1979
Attached please find final plat for the Hyman Street Duplex. This item is
scheduled to come before the Aspen City Council on Tuesday, October 9, 1979.
Could you please check this plat over and let me know if it is complete sometime
before October 9th? Thank you.
.....
--
MEMORANDUM
TO:
FROM:
RE:
DATE:
Aspen Planning And Zoning Commission
Jolene Vrchota, Planning Office
Hyman Street Duplex Condominiums
August 17, 1979
This is an application for subdivision exception and for condominiumi-
zation of an existing duplex. The applicant, Ed Baker, is a part owner of
five townsite lots (Lots C, D, E, F, and G in Block 61, Aspen). The lots
are on Hyman between First and Garmisch in an R-MF zone.
Subdivision exception. The applicant is requesting that the lots be
split into two equal parts through the middle of Lot E, creating two lots
measuring 75' by 100'. The Engineering Department requested subdivision
exception (instead of exemption) so that the applicant would complete a
final plat with the new boundaries. Thus, the procedure requested is for
conceptual approval by the Planning and Zoning Commission, then final
approval by City Council upon completion of a final plat approved by the
Engineering Department.
One single-family unit currently stands on the five-lot parcel, so the
applicant is not required to apply for a GMP allocation for a two-lot sub-
division with a duplex on one lot and a single-family dwelling on the other.
(See exemptions in Ordinance #4 of 1978.)
The Assistant City Engineer recommends conceptual approval "subject to
the removal and/or relocation of the existing shed to one side or the other
of the new lot line S14050'49"W." The applicant intends to move the shed
to the east of the line, on the single-family lot.
The City Attorney reconmends approval of the exception "subject to the
property being deed restricted to six-month minimum leases with no more
than two shorter tenancies per year." This is a standard requirement in
the R-MF zone.
The Planning Office recommends approval of the subdivision exception,
conceptual plat, conditioned on the requests made by the City Engineer and
Attorney.
Condominiumization. A request for condominiumization of the duplex is
also requested. Since the new duplex is not yet occupied, there is no
history of rental to employees. Therefore, the Planning Office recommends
approval conditioned only on restriction of the individual sides of the
duplex being restricted by the City Attorney's language above. (The applicant
previously received, through Special Review, permission to have an employee
price-restricted unit in the basement of the duplex.)
,,""".
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......"".
MEMORANDUM
TO: Jolene Vrchota, Planning
FROM: Daniel A. McArthur, Assistant City Engineer
RE: Hyman Street Duplex Condominiums
DATE: August 16, 1979
The Engineering Department recommends approval for the conceptual plat for
the Hyman Street Duplex Subdivision subject to the removal and/or relocation
of the existing shed to one side or the other of the new lot line
S14050'49'W.
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MEMORANDUM
DATE:
August 7, 1979
FROM:
Jolene v~~
Ron S~
Hyman Street Duplex Condominiums
TO:
RE:
I recommend approval of the above subdivision exemption
subject to the property being deed restricted to
six-month minimum leases with no more than two shorter
tenancies per year.
RWS:mc
,
REFERRAL
TO: Dave Ellis, Engineering
Ron Stock, City Attorney
FROM: Jolene Vrchota, Planning
RE: Hyman Street Duplex Condominiums
DATE: August 3, 1979
Please find attached an application for subdivision exception (Aspen Municipal Code
Sec. 20-19) and for condominiumization of the existing duplex. As you will recall, it
is being processed as an exception rather than as an exemption because the new lot line
does not follow existing Aspen Townsites lines. The process will include conceptual
before P & Z and final before City Council.
Rather than requiring a separate process for condominiumization, I feel it can be handled
simultaneously. There is no rental history since the duplex has not yet been completed.
According to Jim Reents, P & Z recommended approval of an employee rental unit in the
basement of the east half of the duplex (ownership to be retained by Ed Baker). The
west side of the duplex will be sold and the basement will not be converted into a unit
without the owner going through special review.
This item is scheduled for P & Z consideration on August 21st, so please return your
comments to me by August 15th.
Thank you.
f ......,
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Aspen/PitkinPl'an,ning Office
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asp en ~ co lor ado .81611
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July 3, 1979
'j
Ed Baker
600 South Cherry
Suite 1011
Denver, CO 80222
Dear Mr. Baker:
I am enclosing the subdivision regulations for the city of Aspen, as requested
in our telephone conversation this morning.
After speaki ng wi th the City Attorney, Ron Stock, I understand that you want to "
separate five lots at the current location of a Victorian, 113 West Hyman. In
order to redraw the boundary lines such that you have two parcels, each with two
and one-half townsite lots (i.e., 75 feet x 100 feet), the Attorney and Engineer
have agreed that a subdivision exception is appropriate. Exemptions from sub-
division are generally given for lot splits, but in this case the Engineer will
require that he receil"e a certified survey of the new lot configuration. Since
this is the only final plat requirement expected to be necessary for your appli-
cation, the Planning (Iffice will propose a subdivision exception (Section 20-19),
such that the Plannins and Zoning Commission will review the conceptual appli-
cation and City Council the final plat. Conceptual review by. the City Council and
Preliminary plat review by P&Z will not be included in the procedure.
If you have further q~estions, Jim Reents or myself will be dealing with this case.
Yours truly,
~tbd~
Jolene Vrchota
Assistant Planner
JV:kk
enclosure
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CITY OF ASPEN
130 south galena ~treet
aspen, .colorado" 81611
February 8, 1979
Mr. Edwin W. Baker, Jr.
600 South Cherry Street
Denver, Colorado 80222
Dear Mr. Baker:
This letter is written in answer to your letter of January 31,
1979. You have requested an opinion as to whether you can
construct two duplexes on a 15,000 square foot lot located
in the RMF zone in the City of Aspen.
To answer your question in detail, it' is necessary for you .'
to understand that five 3,000 square foot tmvnsite lots merge
under Section 20-4(cl of the Code of the City of Aspen and are
considered one nndivided parcel for the purpose of subdivision
regulation and control. The RMF zone allows for a minimum
lot area of 6,000 square feet and requires a minimum lot area
per dwelling unLt as follows: 6,000 square feet per single famLLy
and, for other '~ypes of development, 1,000 square feet for a
studio; 1,200 square feet for a one bedroom unit, 2,000 square
feet for a two bedroom unit; and 3,000 square feet for a three
bedroom unit. Units in excess of three bedrooms, may be approved
by a special re7iew process. Therefore, considering the area
of your lot, it would be possible to construct two duplexes
provided the property was subdivided.
However, Ordinance *4 of 1978 provides in part that no property
may be subdivided unless allocation has been granted under the
Growth Management Plan to allow for construction. The Growth
Management Plan has only two exemptions which would allow you
to construct without going through the process. The first
exemption allows a one family or duplex structure on townsite
lots subdivided prior to the effective date of the Growth
Management Plan. The second exemption allows for the construction
of one single family residence on a lot subdivided after the
effective date of the Growth Management Plan if the tract of
land had a pre-existing dwelling and no more than two lots
were created by the subdivision. Thus you could construct
a duplex on your property, split the lot and then construct
a single family dwelling on the newly created lot.
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!.lr. Edwin W. 3aker, Jr.
February 7, 1979
Page 2
There is currently no way in which you can obtain approval to
build two duplexes on this property without obtaining approval
through the Growth Management Plan. Further, it is not possible,
due to the requirement of the exemption that the lot have a
pre-existing dwelling, ~or you to demolish the existing single
family dwelling and erect a new duplex and single family dwelling
at the same time. However, you could obtain a permit to demolish
the single family and a permit to construct the duplex, begin
construction and apply for subdivision exemption. After sub-
division exemption is granted you might then begin construction
of the single family even though the duplex may not yet be
completed. This would allow for a continuous construction
rather than a two-stage construction process.
.__XQ.urs very truly,
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Ron ld W. Stock
City Attorney
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MEMORANDUM
TO:
FR ()1:
RE:
DATE:
Aspen City Council
Jolene Vrchota, Planning Office
Hyman Street Duplex Subdivision Exception
October 16, 1979
This is an application for subdivision exception and for condominiumization of
an existing duplex. The applicant, Ed Baker, is a part owner of five townsite
lots (Lots C, D, E, F and G in Block 61, Aspen). The lots are on Hyman Street
between 1st and Garmisch in R/MF zone.
Subdivision Exception
The applicant is asking that the lots be split to two equal parts through
the middle of Lot E, creating two lots measing 75' x 100'. The Engineering
Department requested subdivision exception (instead of exemption) so that the
application would complete a final plat with the new boundaries. Thus, the
procedure requested is for conceptual approval by the Planning and Zoning Commission,
then final approval by City Council upon completion of a final plat approved by
the Engineering Department.
One single family unit currently stands on the five lot parcel. According
to exemptions outlined in Ordinance 4 of 1978, the applicant is not required to
apply for a GMP allocation when a subdivision consists of two lots with an existing
unit. The applicant is allowed a single family dwelling on one lot and a single
family or duplex on the other lot.
The Planning and Zoning Commission gave conceptual subdivision approval based
on two conditions:
1. That the applicant move the existing shed to one side or the other of
the new lot line which divides the two lots, to be approved by the
City Engineer, and
2. That the property be deed restricted to six month minimum leases with
no more than two shorter tenancies per year, as requested by the City
Attorney.
Condominiumization
The applicant also requests condominiumization of the duplex. Since the new
duplex is not yet occupied, there is no history of rental to employees. Therefore,
the Planning Office and Planning and Zoning Commission recommend approval conditioned
only on restriction of the individual sides of the duplex being restricted by the
City Attorney's language above (the applicant previously received, through Special
Review, permission to have an employee prive-restricted unit in the basement of
the duplex.)
Final Plat
The applicant submitted a final plat through the City Engineering Department
for approval. Find attached the list of revisions which Dan McArthur requested.
It is anticipated by the Planning Office that these revisions will be completed
prior to the October 22nd City Council meeting. If so, the Engineering Department
will recommend unconditional final plat approval.
Planning Office Recommendation
The Planning Office recommends the following:
1. That City Council approve the final plat conditioned on the inclusion
in the subdivision agreement that the property will be deed restricted
to six month minimum leases with no more than two shorter tenancies per
year, and
2. That City Council approve condominiumization of the new duplex.
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Counselors in
Real Estate
600 South Cherry St.
Denver, Colorado 80222
303-320-5600
July 30, 1979
Chairperson
Planning and Zoning Commission
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Dear Chairperson:
This letter is written to request exemption from the subdivision procedures
in order to permit a lot split of Lots C, D, E, F, and G, Block 61, Aspen,
Colorado. The request is to split the lots into two equal parts through the
middle of Lot E, creating two lots 75' x 100' as shown in the attached support-
ing material.
Under an exemption permitted in the Growth Management Plan, we are erecting
a duplex on the west half of the property. When complete, I will intend to
occupy the east half of the duplex, and Mr. William D. Snare will sell off
the west half of the duplex to some third party. It is his desire and inten-
tion to erect a new single family dwelling on the east half of the subdivided
property, after removing a little, substandard house which currently exists
on that property. That house has served as Mr. Snare's vacation home in
Aspen since 1956. In order for the house to meet code, substantial altera-
tions would have to be made. Accordingly, it was determined to build the
duplex, remove the house and erect a new single family dwelling on the east
half once the subdivision exemption might be granted. It is our understanding,
through meetings and correspondence with the City Attorney and the Planning
Staff, that this is a procedure that must be followed, and which is permiss-
ible under current ordinances and regulations in the City of Aspen.
Accompanying this letter is a survey, plat and locator map as required by
the ordinance. If there is any further information you require, please do
not hesitate to contact me.
Very truly yours, 1
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Edwin W. Baker, Jr.
v
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Enclosures
cc: Mr. Stan Mathis
July 30, 1979
Dear Jolene:
I really don't know what else could be said other than what I've said above.
If there is anything in the way it has been phrased, or anything that you feel
should be changed, please let me know. I understand that this application is
to grant subdivision exemption to allow the lot split. What I'm not sure of
is if we have to come back in and go through the entire procedure again in
order to sell off the one additional duplex. Would you please let me know
what your understanding of this is.
Many thanks for all your assistance. I'll look forward to meeting you in the
not too distant future.
Best regards,
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EDWIN W. BAKER. JR.
3206 SOUTH NEWPORT STREET
DENVER, COLORADO 80224
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0.. SS--60.7.71 State_.nt of S..IU..m..nt-Bradturd Publ
Co., 182"'....6 St.out Street, Denv~r. Colorado -8-75
The prinled portion of thh form .pp",ud by Ilae
Colorado Real 1:\11111' Comml.'l...loD (SS-60.'.11)
STATEMENT OF SE'ITLEMENT
SELLER'S 0 PURCHASER'S IlO
'ROPERTY ADDRESH 113 West Hyman Street, Aspen, Colorado
.ELLER William D. & Margaret W. Snare
PURCHASE}! E. W. Baker, Jr.
:ETI'LEMENTDATF. July 6, 1979
DATE OF PRORATION July 6, 1979
.EGAL DESCRIPTION: Undivided one-half interest in Lots C, D, E, F, & G, Block 61,
City of Aspen, Colorado
Debit
Credit
1. Selling Price 1 ~n nnt 00 :
2. Deposit, paid to
3. Trust Deed, payable to
4. Trust Deed, payable to
5. Trust Deed, payoff to
6. Interest on Loan Assumed
7. Title Ins. Premium
8. Abstracting: Before Sale "
9. After Sale
.0. Title Exam. by
.1. Recording: Warranty Deed c-
.2. Trust Deed
.3. Release
:4. Other
15. Documentary Fee
16. Certificate of Taxes Due
i7. Taxes for Preceding Year(s) 78 $828.40 pd.
l8. Taxes for Current Year Prorated 272 days @ 2.2696 Per Day b17 33
19. Tax Reserve
~O. Special Taxes
!1. Personal Property Taxes
.
!2. Hazard Ins. Prem. Assumed-Policy No. Co.
$ Yr. Term Expires
Premium $ Days Unused at If. per day
~. Premium for New Insurance
U. Hazard Ins. Reserve
a5. FHA Mortgage Ins. Assumed
26. FHA Mortgage Ins. Reserve .
?'t. Loan Service Fee (Buyer)
28. Loan Discount Fee (Seller)
29. Interest on New Loan
SO. Survey and/or Credit Report
31. Appraisal Fee
32. Water and/or Sewer
33. Rents
34. Security Deposits
35. Loan Transfer Fee
36. Loan Payment Due .
37. Broker's Fee
Sub-Totals 1?n nnn nn li17 11
Balance due to/from Seller
Balance dueJtll/from Buyer 119 382 67
TOTALS 120,00( 00 120,000 .00
The above "figures do not include sales or use taxes on personal property
Purchaser
. ~.
APPRO/ED and ACCEPTED
I
Broker
E.W. Baker, Jr.
Purchaser/Seller
By
Recorded nt__
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Reception No. .,.
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JJ,:ol.( o'do"ke~~M., _~_J"v.""YJ"J lr.'ct____
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__Recorder.
Tills DEED, M.de this 5"' .t1th
day of
July
,1979
':C' """=11
.~..__._.__~ _,_u._.___ ._.._._._"
between William D. /ErvlIigaret W. Snare, as Joint
Tenants
County of Denver
Edwin W. Baker,
whose legnI address is
Colorado, 80224
of the City and County of
Colorado,l)fthe second part:
, ortho 'City and
and State ofColorado,oithe first part, and
Jr.
3206
So. Newport Street, Denver,
Denver
and Sta.te of
/.2, <!2
WITNESSETH, That the said parties of the first part, for and in consideration of
One Hundred Twenty Thousand and no/100 ($120,OOO.OO)--------------------DOLLARS
to the said part ies of the first part in hand paid by said party of the second part, the receipt whereof is
hereby confessed and acknowledK~d, ha vegorantcd, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm, unto the said part y of the second part, his heirs and assigns for-
ever, all the following described lots or parcel s of land, situate, lying and being in the
County of Pi tkin and State of Colorado, to wit:
An undivided one-half interest in and to:
Lots C, D, E, F, and G, Block 61, City of Aspen, County of Pitkin,
Colorado
"
also known as street and number 113 West Hyman S treet-, Aspen, Colorado
TOGETHER with all and singular the hereditl:t.ments and appurtenances thereto belonging, or in anywise apper-
taining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the
estate, right, title, interest, claim and demand whatsoever of the said partieS of the first part, either in law or
~quity, of, in and to the above bargained premises, with the hereditHments and apPulwtenances.
TO HAVE AND TO HOLD the said premises above bar~ained and described with the appurtenances, unto the
said party of th~}{'~cf1?d part, his heirs and assigns fore-ver. And the said partieS of the first part,
(or them selves, /heirs, executors. and administrators, do covenant, grant, bargain, and agree to and
with the said party oftne second part, his heirs and ~sgigns, that at the time of the en sealing and delivery
o(these presents, they ar e well seized of the premises above c'onveyed, as of good, sure, perfect, absolute and
indefeasible estate of inheritance, in law..in fee simple, and ha.re K'ood right, full power and authority
to grant, bargain, sell and cO;lvey the same in manner and form as aforesaid, and that the same are free and cIea:"
(rom all former and other gnnts, bnrgains, sales, liens, taxes, assessments and encumbrances of whatever kind or
nature soever.
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and the above bargained premises in the quiet and peaceable possession of the said part y of the second part,
his heirs and assigns aJ:ainst all and every person or persons lawfuily claiming-or to claim the whole or any part
thereof. the said parties of the first part shall and will WARRANT AND FOREVER DEFEND,
IN WITNESS WHEREOl.... the said part ies of the first part ha ve hereunto set thei~andS
and sealS the day and y!ar fin~t above written.
wWl~~n~/~~~~t
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'Margar~t W. Snare, Joint Tenant
(SEA!.)
(SEAL)
(SEAL)
STATE OF COLORADO. }
City and County of Denver ...
The forelit'oing instrument ~'thirlg1owled~ed before me thi~th day of July
19 79 ,by William D./ and Margaret W. Snare, as Joint Tenants
Ml.com~li..iol1expires . 0.::. '.l~ o:f't7 . Witness my, hand a~d Of~seal.
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