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HomeMy WebLinkAboutcoa.lu.cu.Bank of Aspen. 1978AFFIDAVIT OF KATHRYN HAUTER STATE OF COLORADO) ) ss. COUNTY OF PITKIN ) I, KATHRYN HAUTER, having first been duly sworn upon my oath, state that: A true and correct copy of the Notice of Conditional Use Application of The Bank of Aspen attached hereto as Exhibit A was mailed this 2nd day of June, 1978, first -class postage prepaid, to all owners within 300 feet of the space to be leased by The Bank of Aspen in the Trueman Building erected on Lot 1, Trueman Neighborhood Commercial Project, as indicated by Aspen Title Com- pany's report, attached hereto p as Exhibit B. DATED: 91 a P % -� Subscribed and sworn to before me this f_,74 - day of 1978, by KATHRYN HAUTER. Witness my hand and official seal. My commission expires: A4 COMMISS!�O 0", CITY OF ASPEN NOTICE OF CONDITIONAL USE APPLICATION PLEASE TAKE NOTICE pursuant to the Aspen Municipal Code, Sections 24 -3.3 and 2 -22, that the conditional use application of The Bank of Aspen for a banking facility within the Trueman property on S. Mill Street, zoned Neighborhood Connercial, will be heard by the City of Aspen Planning Commission at its meeting in Council Chambers at City Hall, 130 S. Galena Street, Aspen, on June 20, beginning at 5 o'clock, p.m. If you have questions or wish to revi -w materials, you may call the Planning Office, 925 -2020, Ext. 227. Kathryn Hauter City Clerk City of Aspen ASPEN TITLE C OMI PAN1 A TITLE SNSURANCE AGENCY POST OFFICE 130X 9590 ASPEN, COLORADO 81611 (393) 925 -4444 REPORT #78 -05 -85 Page 1 We have examined the records of the Clerk and Recorder of Pit }:in County, Colorado in order to determine the owners within 300 feet of the space to be leased by The Bank of Aspen in the Trueman Building erected on Lot 1, Trueman Neighborhood Commercial Project, and find the following: The Board of County Commissioners Pitkin County, Colorado. Robert G. Marsh P. O. Box 378 Aspen, Colorado 81611 Fred D. and Florence Elder Glidden P. O. Box 356 Aspen, Colorado 81611 Philip R. and Patricia fI. Hodgson 212 North Monarch St. Aspen, Colorado 81611 Aspen Savings and Loan Association Box 8207 Aspen, Colorado 61611 James R. Trueman 523 South Third St. Columbus, Ohio Edward H. Deming P. O. Box Q Aspen, Colorado 81611 David A. Baxter P. O. Box 2048 Aspen, Colorado Edward W. Morse, P. O. Box Q Aspen, Colorado Mountain States P. O. Box E Aspen, Colorado 81611 III 81611 Communications, Inc., 81611 A (continued) ASPEN TITLE COMPANY REPORT #t76 -05 - 85 (continued) Page 2 NOTE: A Trade Name Affidavit was filed December 6, 1974 by Deming, Baxter, Morse and Mountain States Communications under name of Mill Street Venture. The City of Aspen, Colorado. Clyde L. McFarlin and Robert W. Andrews P. 0. Box 289 Aspen, Colorado 81611 This report is for the sole use and benefit of J. Nicholas McGrath, attorney for The Bank of Aspen. Although we believe the facts stated are true, this report is not to be construed as an abstract of title, nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Aspen Title Company neither assumes nor will be charged with any financial obligation on liability whatever on account of any statement contained herein. 0 Dated this 26th day of May, 1978 at 8:00 A. M. ASPEN TITLE COMPANY By M E M O R A N D U M TO: Aspen Planning and Zoning Commission FROM: Planning Office, Richard 6rice RE: Bank of Aspen - Conditional Use DATE: June 16, 1978 This is a public hearing to consider the request by the Bank of Aspen for the Conditional Use of a financial institution in the Trueman Building. The- property is zoned Neighboorhood /Commercial with a Specially Planned District overlay zone. Business and professional offices are allowed as a conditional use in the N/C zone. It is the opinion of the Planning Office upon examining the P & Z minutes of the July 1, 1975 meeting that the P & Z has determined that a financial institution is a business office. Therefore, we have advised the applicants to apply for Conditional Use approval. The comments of the Planning Office are as follows: 1. We agree with the applicatns that the site is well located to other neighboorhood /commercial use, ie. the grocery, post office, etc. 2. Review of the final plat of the approved SPA plan reveals that the allowed uses are the same as those listed under S /C /I and N/C zones. sr �...r MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Planning Office, Richard Grice RE: Conditional Use - Bank of Aspen DATE: June 15, 1978 This is a public hearing to consider the request by the Bank of Aspen for the conditional use of a Financial Institution in the Neighborhood/ Commercial zone. The Bank has an option on 1,000 sq. feet of space in the TruemanBuilding on South Mill Street. The property is zoned N/C with a Specially Planned District overlay zone. Business and professional offices are allowed as a conditional use in the N/C zone. It is the opinion of the Planning Office upon examining the P & Z minutes of the July 1, 1975 meeting that the P & Z has determined that a financial institution is a business office. Therefore we have advised the applicant to apply for conditional use approval. Planning Office comments are as follows: 1) We agree with the applicants that the banking facility use of the site is consistent with the intention of the N/C zone which is "to allow convenience establishments..) to reduce traffic gener- ation, circulation and parking problems..." 2) We agree that the site is well located in relation to other neigh- borhood uses, i.e, the grocery store, Post Office, etc. The addition of the Bank of Aspen would encourage one -strip shopping. 3) A review of the final plat of the Trueman Center revealed that the approved SPA plan states the allowed and conditional uses would be the same as those listed for the S /C /I and N/C zones. sr LAW OFFICES OATES, AUSTIN, MCGRATH 8, JORDAN 500 EAST HOPKINS AVENUE LEONARD M. OATES ASPEN, COLORADO 81611 RONALD D. AUSTIN J. NICHOLAS MCGRATH, JR. WILLIAM R.JORDAN M ROBERT W. HUGHES BARRY D.EDWARDS DAVID G. EISENSTEIN June 13, 1978 Mr. Richard Grice Aspen /Pitkin Planning Office 130 South Galena Aspen, Colorado 81611 AREA CODE 303 TELEPHONE 925 -2600 Re: The Bank of Aspen /Conditional Use Application Dear Richard: This is to supplement our letter of April 27, 1978, concerning The Bank of Aspen's desire to operate a detached banking facility in leased space upon the Trueman property. This matter is set for hearing before the Planning and Zoning Commission on June 20. Section 24 -3.3 of the Code provides that the Planning and Zoning Commission in determining the suitability of the conditional use shall consider the following: 1. whether the proposed use otherwise complies with all requirements imposed by the zoning code, 2. whether the proposed use is consistent with the objectives and purposes of the zoning code and the applicable zoning district and, 3. if the proposed use is designed to be com- patible with surrounding land uses and uses in the area. As I indicated in our oral conversations, we believe the City's previous determination that a banking facility is appropriate in neighborhood commercial zone (as evidenced by the determination with regard to Aspen Savings and Loan Asso- ciation) is conclusive as to this application. OATES, AUSTIN, McGRATH & JORDAN Mr. Richard Grice June 13, 1978 Page two That is, Aspen Savings and Loan is located at property zoned N -C, and hence the same standards ought to apply. Since the determination has been made by the City that a banking facility comes within the term "office" under the N -C zone, it is clear that the proposed use complies and is consistent with the ob- jectives and purposes of the zoning code and the zoning dis- trict as well as being compatible with surrounding land uses. Indeed, we believe there will be no additional impacts at all by this use in the overall scheme of the Trueman building. As stated in our earlier letter, it is the Bank's view that the facility will be a convenience establishment for customers of the Bank who will be shopping at the Trueman property as well as for the merchants and customers of the Trueman shop- ping center itself. I should add that we believe it would be no ground for objection that a bank already exists in the area, as competition among the banks is not one properly regulated by the zoning laws, but rather by state and federal law. The Bank of Aspen's application to operate a detached banking facility has received the approval of the State Bank Commis- sioner, as evidenced by the attachment hereto, and FDIC approval we believe will be forthcoming momentarily. If I can provide any other additional information, please let me know. Sincerely, OATES, AUSTIN, McGRATH & JORDAN By Mme► 0 1 VWiC--. J. Nicholas McGrath, Jr. JNMjr /jeb LAW OFFICES OATES, AUSTIN, MCGRATH B. JORDAN 600 EAST HOPKINS AVENUE LEONARD M. OATES ASPEN, COLORADO 81611 RONALD D. AUSTIN J. NICHOLAS MCGRATH, JR. WILLIAM R. JORDAN M ROBERT W. HUGHES BARRY D. EDWARDS DAVID G. EISENSTEIN April 27, 1978 Ms. Karen Smith City /County Planning Office 130 So. Galena Street Aspen, Colorado 81611 AREA CODE 303 TELEPHONE 925 -2000 Re: Bank of Aspen - -Use Determination or Conditional Use Application Dear Karen: We represent The Bank of Aspen. The Bank has an option to lease approximately 1,000 sq. ft. of commercial space in the Trueman Building on South Mill Street for the purpose of operating a banking facility. The Trueman Building is in, as you know, the Neighborhood Commercial Zone. It is our understanding that, in the case of Aspen Savings and Loan Association's application on adjacent land zoned Neighborhood Commercial, the City made a use determination that a banking facility was a permitted use in that zone, conditionally or absolutely. The banking facility use complies with all of the requirements imposed by the zoning code and is consistent with the objectives and purposes of the code and district and compatible with surrounding land uses and uses in the area. As you know, the intention of the Neighborhood Com- mercial Zone is "to allow convenience establishments. . . to reduce traffic generation, circulation, and parking pro- blems" and the like. Having a banking facility where there is otherwise a large shopping center and traffic generator reduces the additional traffic necessary to bank at The Bank of Aspen's principal location. In short, it is a convenience establishment for customers of The Bank of Aspen who will be shopping at the Trueman property, as well as for the merchants and customers of the shopping center itself. OATES, AUSTIN, MCGRATH 8- JORDAN Ms. Karen Smith April 26, 1978 Page two The Bank envisions having four tellers and one junior officer at the facility. The facility would write money orders and travelers checks, make deposits, cash checks, issue change to merchants, and the like, but no loans would be made there. Since the Bank must exercise its option by July 1, 1978, we would appreciate an early determination that the use is permitted. If, in fact, the use is a conditional one, we would appreciate an early hearing before the Planning and Zoning Commission. Sincerely yours, OATES, AUSTIN, MCGRATH & JORDAN By l O c lJ A J. Nicholas McGrath, Jr. JNMjr /jeb I� c I- Department of Regulatory Agencies Room 325 Richard D. Lamm, Governor D ivi >ion of Banking 201 East Colfax Gail H. Klapper, Executive Director Denver, CO 80203 Harry Bloom, Bank Commissioner (303) 839 -3131 Play 31, 1978 Mr. Logan L. Bailor Executive Vice President The Bank of Aspen P. 0. Box O Aspen, Colorado 81611 Dear Mr. Bailor: Please be advised that the Colorado State Banking Board has approved your application for Authority to Operate a Detached Banking Facility to be located at 300 Puppy Smith Street, Aspen, Colorado. Sincerely yours, i Harry Bloom State Bank Commissioner 11B: cp cc: Mr. Quinton Thompson Federal Deposit Insurance Corporation 300 North Ervay Street, Suite 3300 Dallas, Texas 75201 ;I - i , r r .-- ' i — t� L � ..1 . - --_> • fi t � ` ir^ - ---- -- ---- - x E� S. � W _ •�- - e _ = COPLAND FINHOLM HACMAN YAW LTD w< ARCHITECTS- PLANNERS BOY 2!]0 ASPEN COLo"DO _ Y