HomeMy WebLinkAboutcoa.lu.rz.Moses.44A-86 - Boy OW PAGE I85
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LIMITED POWER OF ATTORNEY = K
STATE OF COLORADO )
2/CS efr c v
s s . 0 (_Ti
COUNTY OF PITKIN )
KNOW ALL MEN BY THESE PRESENTS that I, GAARD 'HOPKINS
MOSES a /k /a GAARD MOSES, P.O. Box 21, Aspen, Colorado 81612,
reposing special trust and confidence in GIDEON I. KAUFMAN of
Aspen, Pitkin County, Colorado, have made, constituted and
appointed and by these presents do make, constitute and
i my name, 1 ce and M st d true and
and benefit to
in my n p
act on my behalf and do everything I could do if personally
present to obtain and effectuate the rezoning and subdivision
of my real property which is more fully described on the
attached Exhibit "A ", including executing on my behalf all
subdivision agreements, subdivision exception agreements,
subdivision improvement agreements, and the owner's
certificates appearing on any subdivision plats or lot split
plats which he deems reasonably necessary or desirable in
accomplishing the above - described purpose.
I hereby ratify and confirm all things that my
attorney -in -fact shall lawfully do or cause to be done in
furtherance of the rezoning and subdivision of my
above - described property hereby agreeing to indemnify and
hod to estate as ttorney-in
result harmless
of fexercisingdthelpower liability
and
authority hereby conferred.
Third parties may rely on the representations ofowmy
attorney -in -fact as to all matters relating to any who may
granted my attorney -in -fact hereunder, and no person
act in reliance on the representations of my attorney -in - fact
or the authority granted my attorney -in -fact shall incur any
liability to me or my estate as a result of permitting my
attorney -in -fact to exercise any power on my behalf.
This power of attorney shall not be affected by my
disability, but shall, in any
event, expire at noon on on
July 1, 1987. ` J ` �/^
0 r RY �Gt J( l G ,-
G �KINS MOSE$' ' /k /
,,, :,,,,,,. • ^ GAARD SES //
die foregoing instrument was acknowledged before ore this
kl�iday of March, 1987, by GAARD
- •G. GGE*
° a 1 n '
Y WITNESS my hand and official seal.
�F •••' oY � My commission expires: 7)1.�/8 • . Lill a op c oy , G! e.. ..
� 9 "' ,„ . ,.. '' f . Notary Pub is
' Moses poa /FORMS
Recorded at, ll : � O� t� O�k M ' (0 7 BOOK 540 Pace 185
Reception NO 'L
SILVIA DAVIS PITKIN COUNTY RECORDER
STATEMENT OF EXCEPTION
FROM THE FULL SUBDIVISION PROCESS
FOR THE PURPOSE OF SUBDIVIDING THE MOSES PROPERTY
CITY OF ASPEN, COLORADO
WHEREAS, GAARD HOPKINS MOSES (hereinafter referred to as
"Moses ") is the owner of a parcel of real property described
on Exhibit "A" attached hereto and incorporated herein by
this reference; and
WHEREAS, Moses has requested an exception from the full
subdivision process for the purpose of subdividing the
property described on Exhibit "A "; and
WHEREAS, the City Council of Aspen, Colorado, at its
regular meeting on March 23, 1987, determined that Moses'
request for such subdivision was appropriate and granted the
same, subject however, to the conditions described
hereinafter.
NOW THEREFORE, the City Council of Aspen, Colorado, does
determine that the application for exception from the full
subdivision process for the purpose of subdividing the
property described on the attached Exhibit "A" is proper and
hereby approves said subdivision,
PROVIDED, HOWEVER, that the foregoing approval is
expressly conditioned upon:
1. Recording, by Moses, of a lot split plat
designating the two lots formed prior to the issuance of any
building permits. Said plat shall conform to Section 20 -15
of the Municipal Code of the City of Aspen, Colorado.
2. Conversion of each of the existing duplex
structures to single - family dwelling units by removing
kitchens from each building within eighteen months of
recording the Lot Split Plat or prior to the issuance of a
Certificate of Occupancy, whichever comes first. Removal of
kitchens shall be verified by the City zoning officer.
3. Removal of the existing shed on Lot 1 which
encroaches over the building setback lines and verification
thereof by the City zoning officer prior to the issuance of a
building permit.
4. Restriction of the floor area in each of the
single - family residences to 3,800 square feet and to submit
all plans for demolition and reconstruction, or additions to
8040 greenline review. Notification of the Aspen Alps of any
8040 greenline review date.
?.00. 540 .
5. Implementation of the water connection plan shown
on the final plat within eighteen months of its recording or
prior to the issuance of a Certificate of Occupancy for the
remodeled or reconstructed single - family dwelling units,
whichever comes first.
DATED this -- > day of April, 1987.
GAARD HOPKINS MOSES CITY OF ASPEN,
a municipal corporation
B r! , B ‘-r-,...4 _ A a
GIDo6' I. KAUFMAN, WILLIAM L. /
as - ttorney -in -fact Mayor
I. KATHRYN S. KOCH, do hereby certify that the foregoing
$.tatement of Exception from the Full Subdivision Process for
it1k4gyr•Pose of Subdividing the Moses Property, Aspen,
:: ` )lor44'-. was considered and approved by the Aspen City
Council. a'hd that the Mayor, William L. Stirling, was
yird'_ to execute the same on behalf of the City of
C at 6''0 . K (AA ATHRYN S. K6 CH, City Clerk (stl ✓)
„
V `'-A "'s o AS TO •RM:
PAUL J. TADDUNE,
City Attorney
STATE OF COLORADO )
COUNTY OF i� ) ss.
The forego in rument was acknowledged before me this
a day of � fr / , 1987, by GIDEON I. KAUFMAN as
r`r ••
,,,..•..., ,,,, attorney- in -fac on behalf of GAARD HOPKINS MOSES.
,n ,. Ltt
,, A , ; • "'•'•••:4; WITNESS my hand and official seal.
�pSAq�
My commission expires: Ark Commission Expires February 1 J a 1989
lye to'' °ary "-11.1i y "•n,.
(ADDITIONAL ACKNOWLEDGMENT ON FOLLOWING PAGE)
- 2 -
BOOR 540 PacE188
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
J c day of ` /— , 1987, by William L. Stirling, as
Mayor, and Kathdyn S. Koch as City Clerk of the CITY OF
ASPEN, a municipal corporation.
. -
WITNESS my hand and official seal.
) 4
WITNESS . ;
My commission expires: ' _:'
M f 4
N j ary Publ c ) J ;' "e''�� 4k, / 11
,fir
�Y
moses ex stmt /RLEST5
- 3 -
90.0K 5 4 0 P4GE180
EXHIBIT A
LEGAL DESCRIPTION
A tract of land situated in section 18, township 10 south,
range 84 west of the sixth principal meridian, being part of
the Little Nell Mining claim MS 3881 AM described as follows:
Beginning at corner number 5 MS 3881 AM (Little Nell) thence
N 43 28'44 "E 136.76 feet:
Thence S43 28'44 "E 203.47 feet to line 1 -4 MS 1830 AM
(CHANCE):
Thence S45 00'00 "W 297.01 feet along line 1 -4 MS 1830 AM
(CHANCE):
Thence N05 19'34 "W 259.54 feet to the point of beginning.
CASELOAD S' ;MMARY *BEET -- --
City of Aspen : 1 ) ) 11 1 —10 ('C 'L `J
DATE A.ECEIVED: (t eFf.9 - 11, ) a(•; Q E NO. -4/' (:
DATE RECEIVED COMPLETE: \ STAFF: (, t1
PROJECT NAME : V �� 1'a - "'' � ' t / (1-'( V ti t\ Lk S 4 '\ ‘ k
( .PPLICANT: (7//1)(l ,' iii �.L . t �,� /
Applicant Address /Phone: " '= 4�3 ' i ( \ ,k 3�_
REPRESENTATIVE: (. �1 / . 7 t
P . s
Representative Acdress /Phone: ?al ' , i , ` la _ _ r Q .) 4 » ,' C.: ' NI - - - --
Type of Application: J ,��1 :
I. GMP /Subdivision /PUD
1. Conceptual Submission 20 $2,730.00
2. Preliminary Plat 12 1,640.00
3. Final Plat 6 820.00
II. Subdivision /PUD
-1r- -Ea nce-gtual Submission 14 - - -- $1,900.00 -• -• - -- -
2. Preliminary Plat 9 1,220.00
3. Final Plat 6 820.00
III. All "Two Step" Applications/ 11 $1,490.00
IV. All "One Step" Applications 5 $ 680.00
V. Referral Fees - Environmental
Health, Housing Office
( 1. Minor Applications 2 $ 50.00
2. Major Applications 5 $ 125.00
Referral Fees -
Engineering
Minor Applications 80.00
Major Applications 200.00
ff
(' P &Z CC MEETING DATE: 'V°A -} n PUBLIC HE ING: �ES NO
DATE REFERRED: /V e0. /I //.YL. IN ITIALS R
REFERRALS:
City Atty Aspen Consol. S. D. School District
City Engineer _ Mtn. Bell Rocky Mtn. Nat. Gas
Housing Dir. Parks Dept. State Hwy Dept (Glenwd)
Aspen Water Holy Cross Electric StateHwy Dept (Gr.Jtn)
City Electric Fire Marshall \/ Bldg: Zoning /Inspectn
Envir. Hlth. Fire Chief Other:
Roaring Fork Transit _7� Roaring Fork Energy Center -
( 7 INAL ROUTING: DATE ROUTED:' 3t INITIAL:/(('C/
City Atty " City Engineer �/ Building _Dept_
Other: Other:
FTE.E STAT[!C AMf f.nrATTnn - I/f A.l /OA
•
CASE DISPOSITION Moses Rezoning and Lot Split
Reviewed by: Glenn Horn Aspen P &Z City Council
The application for rezoning from C to R -15 POD and a lot split
was approved subject to the following conditions.
1. The applicant commits to convert each of the
existing duplex structures to single - family dwelling
units by removing kitchens from each building within 18
months of the recordation of final plat or prior to the
issuance of a certificate of occupancy for remodeled or
reconstructed single- family dwelling units, whichev-
er comes first. Removal of kitchens must be inspected
by the City Zoning Official.
2. The applicant shall dedicate a year round, pedestri-
an, bicycle and Nordic Ski TRail easement 15' wide
traversing the parcel in the same location as the
existing Nordic Trail. The easement shall be placed
upon the plat prior to approval. All motor vehicles
with the exception of the Nordic Council's grooming
equipment shall be precluded.
3. The applicant shall remove the existing shed on lot
1 which encroaches into the side yard setback prior to
issuance of a demolition or building permit which ever
comes first. Removal of the shed must be inspected and
confirmed by the City Zoning Official.
4. The applicant shall agree to submit 8040, Greenline
review for all additions to existing buildings and to
voluntarily limit the total square footage of the
single - family residences to 3,800 square feet each.
Demolitions and reconstructions shall also be subject
to 8040 Greenline review. The applicant or his
successor shall notify the Aspen Alps of the 8040
Greenline review date.
5. The applicant shall commit to implement the water
connection plan shown on the final plat within 18
months of its recordation or prior to the issuance of a
Certificate of Occupancy for the remodeled or reconstr-
ucted single - family dwelling units, whichever comes
first.
ORDINANCE NO.
(Series of 1987)
AN ORDINANCE REZONING APPROXIMATELY ONE ACRE OF LAND GENERALLY
LOCATED SOUTHEAST OF THE ASPEN ALPS CONDOMINIUMS EAST OF THE
SILVER QUEEN GONDOLA AT THE BASE OF ASPEN MOUNTAIN,
THE CITY OF ASPEN, PITRIN COUNTY, COLORADO
FROM C (CONSERVATION) TO R -15 PUD (RESIDENTIAL)
WHEREAS, an application has been submitted by the Gaard
1
Moses family to rezone to R -15 (PUD) a one acre parcel of land
generally located on the old Midland Railroad spurline, southeast
of the Aspen Alps, east of the Silver Queen gondola and specific-
ally described in Attachment 1; and
WHEREAS, the parcel is presently zoned C (Conservation); and
r
WHEREAS, as part of the rezoning request, the Moses family
has submitted a subdivision exception request for the purposes of
creating two lots; and
WHEREAS, at a duly noticed public hearing held on January
28, 1987. The Aspen Planning and Zoning Commission did recommend
P
that the subdivision exception and rezoning be approved; and
WHEREAS, the application has been found to be generally
consistent with Section 24 -12.5 of the Land Use Code which
P
establishes criteria for rezoning; and
WHEREAS, the City Council has found that due to the existing
topography of this particular site east to the of the Little Nell
ski run, the old Midland Railroad spurline rather than the 8040'
r
elevation line is a logical dividing line between the C (Conser-
vation) zone and residential districts; and
WHEREAS, the Aspen City Council has considered the recommen-
dation of the Planning and Zoning Commission and has determined
A
the proposed rezoning to be compatible with surrounding zone
+istricts and land use in the vicinity of the site.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
I atatign_i
That it does hereby rezone to R -15 PUD the area generally
rd
located southeast of the Aspen Alps Condominiums, east of the
;d
Silver Queen Gondola at the base of Aspen Mountain (specifically
t
described in Attachment 1).
Section 2
That the Zoning District Map be amended to reflect the
rezoning described in Section 1 and the City Engineer's authoriz-
ed and directed to amend the map to reflect the zoning change.
Section 3
That the City Clerk is directed upon adoption of this
ordinance to record a copy of this ordinance in the office of the
Pitkin County Clerk and Recorder.
Section 4
If any section, sub - section, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional by and court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 5
A public hearing on the Ordinance shall be held on the _
day of , 1987, at 5:00 P.M. in the City Council Chambers,
Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to
which hearing notice of the same shall be published once in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED published as provided by law by A
84
the City Council cf tale City of Aspen on the 23rd day of Ne
February, 1987.
4=
Sc
tk
William L. Stirling, Mayor be
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this _ day of _,
1987. -
William L. Stirling, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
gh.49
in •
Attachment 1
Legal Description
a by 1 A tract of land situated in Section 18, Township 10 0 So t h, LRan g e
64 West of the Sixth Principal Meridian, being p a
Of Nell Mining Claim MS 3881 AM described as follows:
Beginning at corner no. 5 MS 3881 (Little Nell) thence North
43028'44" East 136.76 feet along the line 5 -4 MS 3881; thence
South 43028'44 ", East 203.47' to line 1 -4 MS 1830 AM (Chance);
thence South 45000' West 297.01' feet along line 1 -4 MS 1830 AM
(Chance); thence North 05019'34" West 259.54 feet to the point of
beginning containing 1.0 acres more or less.
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Attachment 4
710 East Durant Street
Aspen, Colorado 81611
September 13, 1985
To Whom It May Concern:
I,have been asked by Gaard Moses to clarify the Aspen rezoning
processof 1975, based upon my best recollection. While I
receive requests like this from time to time, I do not normally
respond, simply because my memory of individual land use
situations is not.usually relevant to current problems. However,
in the case of Gaard's land at the base of Aspen Mountain, I do
remember, in general, the basis for the application of the "C ",
Conservation Zone:
Conservation zoning was applied to lands which were generally
considered of public interest to remain in an open space
condition. This included skiing and skier access to the base of
the mountain. Being a public, open space zone, we did not intend
this district to cover existing, residential development. It is
possible that the C zone was extended to areas on the base of
Aspen Mountain which contained residences which were not
identified in our land use .inventory.
This letter is written to help clarify the zoning process which
took place at the time. I have not been retained by Gaard or his
attorney.
Sincerely,
Bill Kane
Former Aspen /Pitkin County
Planning Director
i
j i
MEMORANDUM
TO: Aspen City Council
VC
THRU: Robert S. Anderson, Jr., City Manager " .
FROM: Glenn Horn, Assistant Planning Director'
RE: Moses Rezoning /Subdivision Exception
DATE: March 23, 1987
SUMMARY AND RECOMMENDATION
Gaard Moses and his family are requesting a rezoning from C
(Conservation) to R -15 PUD (Residential) and a subdivision
exception for the purposes of creating two lots in accordance
with Section 20_19(c) of the Land Use Code. It is recommended
that the City Council approve on second reading the attached
ordinance which rezones approximately one acre of land located
south of the Aspen Alps and east of the gondola from C to R -15
PUD and approve the subdivision exception request.
BACKGROUND INFORMATION
APPLICANT: Gaard Moses.
LOCATION: Just to the southeast of the Aspen Alps and east of the
Silver Queen Gondola at the base of Aspen Mountain (please refer
to Attachment 1).
ZONING: C- Conservation (See attachment 2).
SIZE: 1 acre (43,560 s.f.).
APPLICANT'S REQUEST: The applicant is requesting rezoning from
Conservation (C) to R -15 and a subdivision exception for the
purposes of creating two lots in accordance with Section 20 -19(c)
of the Land Use Code.
SITE DESCRIPTION: Attachment 3 depicts the subject property on a
topographic map. We encourage you to carefully study the
topography of this area because it has a very significant bearing
upon our zoning recommendation.
The map shows that the Moses property is well above the 8040
Greenline elevation. There are two existing residential struc-
tures on the site which have been located in the ideal building
site from the public's perspective. The site is flat and is
located over 70' below the Little Nell ski slope to the west.
The building site also avoids the very steep grades to the west,
south, and east. This large elevation change between Little Nell
and the structures isolates the buildings from the ski slope.
For years, until the gondola was constructed, few people in the
community even realized that the Moses property was developed.
With the construction of the gondola, the site has become visible
from the lift but remains relatively isolated from the ski
slopes.
The existing structure on the east side of the site is approxi
mately 2,800 s.f. in size. The upstairs portion of the structure
is Gaard Moses' residence. The downstairs contains a studio
workshop including a kitchen and bathroom. Technically, the
structure on the east side of the site is a duplex. The struc-
ture on the west side of the site contains 1,700 s.f. and is a
duplex.
SURROUNDING LAND USES: The Moses property is bounded by the
Little Nell Ski slope to the west (C zone), the Alps Condominiums
to the north (C zone), the Aspen Chance Subdivision to the east
(R -15 PUD zone) and undeveloped ground to the south (C zone). A
spur of the old Midland railroad traverses the subject property.
The applicant permits the Aspen /Snowmass Nordic Council to cross
his property on a newly constructed trail located above the
existing development.
As you well know from our recent residential growth management
submissions, the area around Ute Avenue east of the gondola is in
transition. "The barn ", one of Aspen's funkiest old residential
buildings, which was located just to the east of the Moses
property has been demolished and replaced by modern residences in
the Aspen Chance Subdivision. One single - family house in the
Aspen Chance Subdivision is approximately 6,000 s.f. while a
smaller single - family unit is 3,065 s.f.. There is also a duplex
of approximately 5,450 s.f. in size. Proposed residential
structures in the 1010 and 1001 Subdivisions are expected to
range between 3,000 and 4,3000 s.f. in size.
PLANNING OFFICE COMMENTS
BACKGROUND: The history of the Moses property affects our zoning
recommendation. It was established and recognized by the Aspen
City Council in June of 1979 that the subject property contains
two legal, single - family, dwelling units. Based upon the staff's
review of existing City records, we have concluded that any
additional dwelling units which currently exist on the site
beyond two legal units are illegal. The applicant and his
representative have discussed the problem of the illegal dwelling
units with the staff. The applicant's goal is to legalize the
existing structures and make them conforming. Therefore, the
applicant has committed to remove a kitchen from each structure
and convert the buildings into single - family residences.
2
MASTER PLAN: Although the subject site is located just outside
the boundaries of the 1973 Aspen Land Use Plan, it is possible to
use the Plan as a guide for this parcel. The land use pattern
suggested by the Plan would indicate that the mixed - residential
district is the most appropriate district for the subject site.
The applicant's R -15 zoning request is consistent with this
district.
ZONING ISSUE: The staff has researched the process by which the
subject site came to be zoned C. Bill Kane, former Aspen /Pitkin
Planning Office Planning Director, indicates in Attachment 4 that
C zoning was applied to lands at the base of Aspen Mountain which
"were generally considered of public interest." According to
Bill, it was not the City's intent to zone existing residential
developments C, but the district may have been applied to devel-
oped land containing residences which were not identified on the
land use inventory. A search of historic land use inventories
shows that the Moses property was not identified as developed.
Given the isolation and vegetation of the site it does not
surprise us that the property was missed during the inventory.
The R -15 zoning request for the Moses property should be evalua-
ted based upon the criteria of Section 24- 12.5(d) of the Zoning
Code which are listed below:
1) Compatibility of the rezoning proposal with the
surrounding zone districts and land use in the vicinity
of the site, considering the existing neighborhood
characteristics, the applicable area and bulk require
ments, and the suitability of the site for development
in terms of on -site characteristics.
2) Impacts of the rezoning upon expected traffic genera-
tion and road safety, availability of on and off- street
parking and ability to provide utility service in the
vicinity of the site, including an assessment of the
fiscal impact upon the community of the proposed
rezoning.
3) Impacts of the rezoning upon expected air and water
quality in the vicinity of the site.
4) Analysis of the community need for the proposed
rezoning and an assessment of the relationship of the
rezoning proposal to the goal of overall community
balance.
5) Compatibility of the proposed rezoning with the Aspen
Area General Plan of 9166, as amended.
6) Whether the proposed rezoning will promote the health,
3
safety and general welfare of the residents and
visitors to the City of Aspen.
Each of the criteria are addressed below:
1) The applicants R -15 zoning request would be consistent
with the land uses and zoning to the east of the
subject site if a mandatory PUD requirement is applied.
The PUD designation is essential because the designa-
tion requires slope density reduction calculations to
be made in the event that the applicant seeks to build
duplex structures.
At first glance, it may appear to be inconsistent with
the C zoning to the south and east to zone the Moses
property R -15 PUD. However, an understanding of the
topography as depicted on attachment 3 indicates that
there are unusual site characteristics which lead us to
believe that R -15 PUD is appropriate for this site
despite the adjacent C zoning and the 8060 elevation of
the site.
Due to the visual isolation of the only building site
on the parcel, seventy feet below the Little Nell
slope, the Moses site can be distinguished from other
lands in the C zone which are also east of Little Nell
but by contrast are generally at grade with the ski
slope and highly visible to the general public. In our
opinion, the recognized community goal of protecting
the mountainsides and skiing runs from development
which was re- affirmed in the Little Nell SPA review is
not compromised by the Moses rezoning due to the
topography of the site. In fact, due to the topography
of this site and the transition of the south side of
Ute Avenue to a residential area, we believe as a
general rule, the Midland railroad spur line rather
than the 8040' Greenline might be better a dividing
line between the C zone and residential districts for
properties to the east and out of sight from Little
Nell.
2) If the applicant converts the two duplexes to single -
family structures, impacts on the road system will
probably be decreased as a result of this rezoning.
3) The rezoning should probably not affect air and water
quality.
4) The rezoning does not affect community balance.
5) As indicated in the proceeding Master Plan discussion,
the rezoning request is generally consistent with the
4
1973 Aspen Land Use Plan.
6) The rezoning of this property to conforming status will
most likely enhance the health, safety and welfare of
Aspen residents and visitors by creating a conforming
use capable of major renovations or demolition and
reconstruction.
Our R -15 PUD zoning recommendation is conditioned upon the
applicant converting both structures to single - family dwellings
and his voluntary commitment to limit the total size of each
single - family residence to 3,800 s.f.. Based upon the Code, if
the parcel is rezoned R -15 PUD and the proposed lot split is
approved single - family structures totaling 4,640 and 5,173 s.f.
could be built on each lot. Therefore, the applicants commitment
to restrict the potential square footage per house to 3,800 s.f.
is significant and also insures houses which are the same size or
smaller than existing and proposed housing sizes in the area.
This commitment can be insured through the 8040 Greenline
process, to which any additions to the existing units must be
subject.
SUBDIVISION EXCEPTION REQUEST: Attachment 5 depicts the proposed
subdivision exception plat. Section 20 -19(c) of the Code enables
the City Council to grant exceptions from the strict subdivision
requirements of Section 20 when it is determined that the strict
application of Section 20 would be redundant, unnecessary and
serve no public purpose.
Jay Hammond, City Engineer has commented that the Moses property
is currently served with potable water from surface sources,
including a spring and the Durant Mine run -off through a junior
water right. According to Jay Hammond, the subdivision exception
review process is a logical time for the applicant to upgrade the
water system by connecting to the City water system. It has been
agreed that prior to a granting of a Certificate of Occupancy for
the remodeling and /or reconstruction of at least one of the
dwelling units on the site both dwelling units will connect to
the City water system.
Jay also notes that the subdivision exception plat is acceptable
with one exception. The plat should show an easement for the
Nordic (pedestrian /bicycle trail).
P &Z RECOMMENDATION
The P &Z unanimously recommends that City Council rezone that
Moses property from C (Conservation) to R -15 PUD and grant a
subdivision exceptio subject to the following conditions.
1) The applicant commits to convert each of the existing
duplex structures to a single - family dwelling by
5
removing a kitchen from each building prior to recorda-
tions of the final plat by the City. Removal of
kitchens must be inspected and confirmed by the City
Zoning Officer.
2) The applicant shall dedicate a year round, pedestrian,
bicycle and Nordic Ski Trail easement 15' wide travers-
ing the parcel in the same location as the existing
Nordic Trail. The easement shall be placed upon the
plat prior to approval. All motor vehicles with the
exception of the Nordic Council's grooming equipment
shall be precluded.
3) The applicant shall remove the existing shed on Lot 1
which encroaches into the side yard setback prior to
issuance of a demolition or building permit whichever
comes first. Removal of the shed must be inspected and
confirmed by the City Zoning Officer.
4) The subdivision exception plat shall include:
o Topographic information;
o Existing utility connections, service routing,
meter locations and distance to the existing Aspen
Alps water main.
o Drainage easements on the adjacent Aspen Chance
Subdivision.
o Individual parking spaces.
o A note indicating that the existing structures are
single - family dwellings.
5) The applicant shall agree to submit to 8040 Greenline
review for all additions to existing buildings and to
voluntarily limit the total square footage of the
single - family residences to 3,800 square feet each.
Demolitions and reconstructions shall also be subject
to 8040 Greenline review. The applicant or his
successor shall notify the Aspen Alps of the 8040
Greenline Review date.
6) The applicant shall commit to prepare a water connec-
tion plan for review in conjunction with City Council
action and connect to the City water system at a date
to be worked out with the City Engineer.
6
PLANNING OFFICE RECOMMENDATION
The staff recommendation is identical to the P &Z's with the
following changes to conditions:
1) The applicant commits to convert each of the existing
duplex structures to single - family dwelling units by
removing kitchens from each building within 18 months
of the recordation of final plat or prior to the
issuance of a Certificate of Occupancy for remodeled or
reconstructed single - family dwelling units, whichever
comes first. Removal of kitchens must be inspected by
the City Zoning Officer.
4) This condition has been satisfied and may be deleted
from the City Council's motion.
6) The applicant shall commit to implement the water
connection plan shown on the final plat within 18
months of its recordation or prior to the issuance of a
Certificate of Occupancy for the remodeled or recon-
structed single - family dwelling units, whichever comes
first.
RECOMMENDED MOTION
Move to approve Ordinance 6 (Series of 1987) on second reading
and to grant a subdivision exception for the purposes of creating
two lots in accordance with Section 20 -19(c) of the Land Use Code
subject to conditions 2,3, and 5 of the P &Z recommendation and
conditions 1,4 and 6 of the staff recommendations.
CITY MANAGER'S RECOMMENDATION:
GH.MOSES
7
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JAN 1 2
PUBLIC NOTICE V
RE: NOSES REZONING AND SUBDIVISION EXCEPTION _.
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, February 3, 1987, at a meeting to begin at 5:00 P.M.
before the Aspen Planning and Zoning Commission in City Council
Chambers, 130 S. Galena Street, Aspen, Colorado, to consider an
application submitted by Gideon Kaufman on behalf of his client,
Gaard Moses requesting rezoning from Conservation to R -15 and
simultaneously to subdivide the property into two lots. The
property is located at 600 Aspen Alps Road, off Ute Avenue.
For further information, contact the Aspen /Pitkin Planning
Office, 130 S. Galena, Aspen, Colorado 81611 (303) 925 -2020, ext.
298.
B /C. Welton Anderson
Chairperson, Aspen Planning and
Zoning Commission
• Published in the Aspen Times on December 24, 1986.
City of Aspen Account.
It p
PUBLIC NOTICE
RE: MOSES REZONING AND SUBDIVISION EXCEPTION
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, February 3, 1987, at a meeting to begin at 5:00 P.M.
before the Aspen Planning and Zoning Commission in City Council
Chambers, 130 S. Galena Street, Aspen, Colorado, to consider an
application submitted by Gideon Kaufman on behalf of his client,
Gaard Moses requesting rezoning from Conservation to R -15 and
simultaneously to subdivide the property into two lots. The
property is located at 600 Aspen Alps Road, off Ute Avenue.
For further information, contact the Aspen /Pitkin Planning
Office, 130 S. Galena, Aspen, Colorado 81611 (303) 925 -2020, ext.
298.
S /C. Welton Anderson
Chairperson, Aspen Planning and
Zoning Commission
Published in the Aspen Times on December 24, 1986.
City of Aspen Account.
r
,
PUBLIC NOTICE JAN 2 7 1987 j
RE: MOSES REZONING AND SUBDIVISION EXCEPTIO
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, February 3, 1987, at a meeting to begin at 5:00 P.M.
before the Aspen Planning and Zoning Commission in City Council
Chambers, 130 S. Galena Street, Aspen, Colorado, to consider an
application submitted by Gideon Kaufman on behalf of his client,
Gaard Moses requesting rezoning from Conservation to R -15 and
property isulocat to d subdivide
Aspen Alps into
n lots. The
Avenue.
For further information, contact the Aspen /Pitkin Planning
Office, 130 S. Galena, Aspen, Colorado 81611 (303) 925 -2020, ext.
298.
g /C. Welton Anderson
Chairperson, Aspen Planning and
Zoning Commission
•
Published in the Aspen Times on December 24, 1986.
City of Aspen Account.
`k ,*r 6 !93 i
u�P
pUBLIC NOTICE
RE: MOSES REZONING AND SUBDIVISION EXCEPTI N
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, February 3, 1987, at a meeting to begin at 5:00 P.M.
before the Aspen Planning and Zoning Commission in City Council
Chambers, 130 S. Galena Street, Aspen, Colorado, to consider an
application submitted by Gideon Kaufman on behalf of his client,
Gaard Moses requesting rezoning from Conservation to R -15 and
simultaneously to subdivide the property into two lots. The
property is located at 600 Aspen Alps Road, off Ute Avenue.
For further information, contact the Aspen /Pitkin Planning
Office, 130 S. Galena, Aspen, Colorado 81611 (303) 925 -2020, ext.
298.
g /C. Welton Anderson
Chairperson, Aspen Planning and
Zoning Commission
Published in the Aspen Times on December 24, 1986.
City of Aspen Account.
a
PUBLIC NOTICE 6 98
RE: NOSES REZONING AND SUBDIVISION EBCEPTI•
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, February 3, 1987, at a meeting to begin at 5:00 P.M.
before the Aspen Planning and Zoning Commission in City Council
Chambers, 130 S. Galena Street, Aspen, Colorado, to consider an
application submitted by Gideon Kaufman on behalf of his client,
Gaard Moses requesting rezoning from Conservation to R -15 and
simultaneously to subdivide the property into two lots. The
property is located at 600 Aspen Alps Road, off Ute Avenue.
For further information, contact the Aspen /Pitkin Planning
Office, 130 S. Galena, Aspen, Colorado 81611 (303) 925 -2020, ext.
298.
g /C. Welton Anderson
Chairperson, Aspen Planning and
Zoning Commission
Published in the Aspen Times on December 24, 1986.
City of Aspen Account.
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Glenn Horn, Assistant Planning Director
RE: Moses Rezoning and Subdivision Exception
DATE: . January 28, 1987
BACKGROUND INFORMATION
APPLICANT: Gaard Moses.
LOCATION: Just to the southeast of the Aspen Alps and east of the
Silver Queen Gondola at the base of Aspen Mountain (please refer
to Attachment 1).
ZONING: C- Conservation (See attachment 2).
SIZE: 1 acre (43,560 s.f.).
APPLICANT'S REQUEST: The applicant is requesting rezoning from
Conservation (C) to R -15 and a subdivision exception for the
purposes of creating two lots in accordance with Section 20 -19(c)
of the Land Use Code.
SITE DESCRIPTION: Attachment 3 depicts the subject property on a
topographic map. We encourage you to carefully study the
topography of this area because it has a very significant bearing
upon our zoning recommendation.
The map shows that the Moses property is well above the 8040
Greenline elevation. There are two existing residential struc-
tures on the site which have been located in the ideal building
site from the public's perspective. The site is flat and is
located over 70' below the Little Nell ski slope to the west.
The building site also avoids the very steep grades to the west,
south, and east. This large elevation change between Little Nell
and the structures isolates the buildings from the ski slope.
For years, until the gondola was constructed, few people in the
community even realized that the Moses property was developed.
With the construction of the gondola, the site has become visible
from the lift but remains relatively isolated from the ski
slopes. -
The existing structure on the east side of the site is approxi-
. mately 2,800 s.f. in size. The upstairs portion of the structure
is Gaard Moses' residence. The downstairs contains a studio
workshop including a kitchen and bathroom. Technically, the
structure on the east side of the site is a duplex. The struc-
ture on the west side of the site contains 1,700 s.f. and is a
duplex.
SURROUNDING LAND USES: The Moses property is bounded by the
Little Nell Ski slope to the west (C zone), the Alps Condominiums
to the north (C zone), the Aspen Chance Subdivision to the east
(R -15 PUD zone) and undeveloped ground to the south (C zone). A
spur of the old Midland railroad traverses the subject. property.
The applicant permits the Aspen /Snowmass Nordic Council to cross
his property on a newly constructed trail located above the
existing development.
As you well know from our recent residential growth management
submissions, the area around Ute Avenue east of the gondola is in
transition. "The barn ", one of Aspen's funkiest old residential
buildings, which was located just to the east of the Moses
property has been demolished and replaced by modern residences in
the Aspen Chance Subdivision. One single - family house in the
Aspen Chance Subdivision is approximately 6,000 s.f. while a
smaller single - family unit is 3,065 s.f.. There is also a duplex
of approximately 5,450 s.f. in size. Proposed residential
structures in the 1010 and 1001 Subdivisions are expected to
range between 3,000 and 4,3000 s.f. in size.
PLANNING OFFICE COMMENTS
BACKGROUND: The history of the Moses property affects our zoning
recommendation. It was established and recognized by the Aspen
City Council in June of 1979 that the subject property contains
two legal, single - family, dwelling units. Based upon the staff's
review of existing City records, we have concluded that any
additional dwelling units which currently exist on the site
beyond two legal units are illegal. The applicant and his
representative have discussed the problem of the illegal dwelling
units with the staff. The applicant's goal is to legalize the
existing structures and make them conforming. Therefore, the
applicant has committed to remove a kitchen from each structure
and convert the buildings into single - family residences.
MASTER PLAN: Although the subject site is located just outside
the boundaries of the 1973 Aspen Land Use Plan, it is possible to
use the Plan as a guide for this parcel. The land use pattern
suggested by the Plan would indicate that the mixed - residential
district is the most appropriate district for the subject site.
The applicant's R -15 zoning request is consistent with this
district.
ZONING ISSUE: The staff has researched the process by which the
subject site came to be zoned C. Bill Kane, former Aspen /Pitkin
Planning Office Planning Director, indicates in Attachment 4 that
C zoning was applied to lands at the base of Aspen Mountain which
2
"were generally considered of public interest." According to
Bill, it was not the City's intent to zone existing residential
developments C, but the district may have been applied to devel-
oped land containing residences which were not identified on the
land use inventory. A search of historic land use inventories
shows that the Moses property was not identified as developed.
Given the isolation and vegetation of the site it does not
surprise us that the property was missed during the inventory.
The R -15 zoning request for the Moses property should be evalua-
ted based upon the criteria of Section 24- 12.5(d) of the Zoning
Code which are listed below:
1) Compatibility of the rezoning proposal with the
ne . n't1 surrounding zone districts and land use in the vicinity
\9e tcnnou ea of the site, considering the existing neighborhood
pror tvfaoalu•t.n characteristics, the applicable area and bulk require -
o � (710.1- o,..•vO.t%e. ments, and the suitability of the site for development
e.c o. "- in terms of on -site characteristics.
car to p or
P.w.ttiry 0c 2) Impacts of the rezoning upon expected traffic genera- o>, b,r
tion and road safety, availability of on and off- street '� r
r�+c
ee parking and ability to provide utility service in the h tics
t .�� w er
vicinity of the site, including an assessment of the
C Orr. e
fiscal impact. upon the community of the proposed
rezoning.
3) Impacts of the rezoning upon expected air and water
quality in the vicinity of the site.
4) Analysis of the community need for the proposed
rezoning and an assessment of the relationship of the
rezoning proposal to the goal of overall community
balance.
5) Compatibility of the proposed rezoning with the Aspen
Area General Plan of 9166, as amended.
6) Whether the proposed rezoning will promote the health,
safety and general welfare of the residents and
visitors to the City of Aspen.
Each of the criteria are addressed below:
1) The applicants R -15 zoning request would be consistent
with the land uses and zoning to the east of the
subject site if a mandatory PUD requirement is applied.
The PUD designation is essential because the designa-
tion requires slope density reduction calculations to
be made in the event that the applicant seeks to build
duplex structures.
3
At first glance, it may appear to be inconsistent with
the C zoning to the south and east to zone the Moses
property R -15 PUD. However, an understanding of the
topography as depicted on attachment 3 indicates that
there are unusual site characteristics which lead us to
believe that R -15 PUD is appropriate for this site
despite the adjacent C zoning and the 8060 elevation
elevation of the site.
Due to the visual isolation of the only building site
on the parcel, seventy feet below the Little Nell
slope, the Moses site can be distinguished from other
lands in the C zone which are also east of Little Nell
but by contrast are generally at grade with the ski
slope and highly visible to the general public. In our
opinion, the recognized community goal of protecting
the mountainsides and skiing runs from development
which was re- affirmed in the Little Nell SPA review is
not compromised by the Moses rezoning due to the
topography of the site. In fact, due to the topography
of this site and the transition of the south side of
Ute Avenue to a residential area, we believe as a
general rule, the Midland railroad spur line rather
than the 8040' Greenline might be better a dividing
line between the C zone and residential districts for
properties to the east and out of sight from Little
Nell.
2) If the applicant converts the two duplexes to single-
family structures, impacts on the road system will
probably be decreased as a result of this rezoning.
3) The rezoning should probably not affect air and water
quality.
4) The rezoning does not affect community balance.
5) As indicated in the proceeding Master Plan discussion,
the rezoning request is generally consistent with the
1973 Aspen Land Use Plan.
6) The rezoning of this property to conforming status will
most likely enhance the health, safety and welfare of
Aspen residents and visitors by creating a conforming
use capable of major renovations or demolition and
reconstruction.
Our R -15 PUD zoning recommendation is conditioned upon the
applicant converting both structures to single - family dwellings
and his voluntary commitment to limit the total size of each
single - family residence to 3,800 s.f.. Based upon the Code, if
the parcel is rezoned R -15 PUD and the proposed lot split is
4
•
approved single - family structures totaling 4,640 and 5,173 s.f.
could be built on each lot. Therefore, the applicants commitment
to restrict the potential square footage per house to 3,800 s.f.
is significant and also insures houses which are the same size or
smaller than existing and proposed housing sizes in the area.
This commitment can be insured through the 8040 Greenline
process, to which any additions to the existing units must be
subject.
SUBDIVISION EXCEPTION REQUEST: Attachment 5 depicts the proposed
subdivision exception plat. Section 20 -19(c) of the Code enables
the City Council to grant exceptions from the strict subdivision
requirements of Section 20 when it is determined that the strict
application of Section 20 would be redundant, unnecessary and
serve no public purpose. City Council may request a recom-
mendation from the P &Z prior to approving the proposed subdivi-
sion exceptions. It is our opinion that this is a simple,
straight - forward application and a subdivision exception is an
appropriate request for this site. Further, we feel that Council
should have the benefit of a P &7. recommendation on this matter.
Jay Hammond, City Engineer has commented that the Moses property
is currently served with potable water from surface sources,
including a spring and the Durant Mine run -off through a junior
water right. The Engineer comments that subdivision is a good
time to provide a connection to the City water line near the
Aspen Alps. Prior to consideration of the subdivision exception
by Council, Jay would like to review a proposal for the water
connection including routing, size and length of the water line
extension. Additionally, Jay Hammond requests the following to
be shown on the subdivision exception plat prior to recording:
1) Topographic information;
2) Drainage easements on the adjacent Aspen Chance
Subdivision.
3) Individual parking spaces;
4) The dedication to the City of Aspen of a 15' wide year
round pedestrian, bicycle and nordic trail easement
located where the existing nordic trail currently
exists.
RECOMMENDATION
The Planning Office recommends that the P &Z recommend to Council
the rezoning of the Moses property from Conservation (C) to R -15
PUD, and the granting of a subdivision exception, subject to the
following: -
1) The applicant commits to convert each of the existing
duplex structures to a single - family dwelling by
5
A
\e ,r
1
removing a kitchen from each building prior to recorda
tions of the final plat by the City. Removal of
kitchens must be inspected and confirmed by the City
Zoning Officer.
2) The applicant shall dedicate a year round, pedestrian, f or
bicycle and Nordic Ski Trail easement 15' wide travers
ing the parcel in the same location as the existing
Nordic Trail. The easement shall be placed upon the
plat prior to approval.
3) The applicant shall remove the 'existing shed on Lot 1
which encroaches into the side yard setback prior to Ae,.,=l, t,a,.,
recordation of the final plat by the City. Removal of eerr., am
the shed must be inspected and confirmed by the City �k\MP9
Zoning Officer. ' `.)a
4) The subdivision exception plat shall include:
o Topographic information;
o Existing utility connections, service routing,
meter locations and distance to the existing Aspen
Alps water main.
o Drainage easements on the adjacent Aspen Chance
Subdivision.
o Individual parking spaces.
o A note indicating that the existing structures are
single- family dwellings.
5) The applicant shall agree to submit to 8040 Greenline
review for all additions to existing buildings and to
voluntarily limit the total square footage of the
single - family residences to 3,800 square feet each.
Demolitions and reconstructions sh 1 also be su
to 8040 Greenline review cn o +,f� Aspen n t s 6 4
6) The applicant shall commit to prepare a water connec -0.. / - v-"
0
tion plan for review in conjunction with City Council G' \-
action and connect to the City water system prior to ›,.1e`'
recordation of the subdivision exception plat. \Oak
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VICINITY MAP
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Attachment 4
710 East Durant Street
Aspen, Colorado 81611
September 13, 1985
To Whom It May Concern:
I, have been asked by Gaard Moses to clarify the Aspen rezoning
processof 1975, based upon my best recollection. While I
receive: requests like this from time to time, I do not normally
respond, simply because my memory of individual land use
situations is not•usually relevant to current problems. However,
in the case of Gaard's land at the base of Aspen Mountain, I do
remember, in general, the basis for the application of the "C ",
Conservation Zone.
Conservation zoning was applied to lands which were generally
considered of public interest to remain in an open space
condition. This included skiing and skier access to the base of
the mountain. Being a public, open space zone, we did not intend
this district to cover existing, residential development. It is
possible that the C zone was extended to areas on the base of
Aspen Mountain which contained residences which were not
identified in our land use inventory.
This letter is written to help clarify the zoning process which
took place at the time. I have not been retained by Gaard or his
attorney.
Sincerely,
Bill Kane
Former Aspen /Pitkin County
Planning Director
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MEMORANDUM
To: Rspen City Council
From: Glenn Horn, Assistant Planning Director
Thru: Robert S. Anderson City Manager
RE: Moses Rezoning Ordinance: First Reading
Summary and Recommendation
Attached for your consideration is a copy of a proposed
zoning ordinance for the Gaard Moses property which is located
south of the Rspen Al ps and east of the new gondol a. Sin=e this
is just the first reading of the ordinance the staff has simply
included the memorandum on this application which was sent to the
Planning and Zoning Commission rather thant preparing a new
memorandum. Fit the time of the public hearing a revised rnernorand
uni will be distributed•
It is recommended that the City Council approve on first reading
the attached ordinance which rezones approximately one acre of
land located south of the Rspen Alps and east of the gondola from
C {conservation} to R -1S {residential I.
City Manager Comments
ORDINANCE NO.
(Series of 1987)
AN ORDINANCE REZONING APPROXIMATELY ONE ACRE OF LAND GENERALLY
LOCATED SOUTHEAST OF THE ASPEN ALPS CONDOMINIUMS EAST OF THE
SILVER QUEEN GONDOLA AT THE BASE OF ASPEN MOUNTAIN,
THE CITY OF ASPEN, PITSIN COUNTY, COLORADO
FROM C (CONSERVATION) TO R -15 PUD (RESIDENTIAL)
WHEREAS, an application has been submitted by the Gaard
Moses family to rezone to R -15 (PUD) a one acre parcel of land
generally located on the old Midland Railroad spurline, southeast
of the Aspen Alps, east of the Silver Queen gondola and specific-
ally described in Attachment 1; and
WHEREAS, the parcel is presently zoned C (Conservation); and
WHEREAS, as part of the rezoning request, the Moses family
has submitted a subdivision exception request for the purposes of
creating two lots; and
WHEREAS, at a duly noticed public hearing held on January
28, 1987. The Aspen Planning and Zoning Commission did recommend
that the subdivision exception and rezoning be approved; and
WHEREAS, the application has been found to be generally
consistent with Section 24 -12.5 of the Land Use Code which
establishes criteria for rezoning; and
WHEREAS, the City Council has found that due to the existing
topography of this particular site east to the of the Little Nell
ski run, the old Midland Railroad spurline rather than the 8040'
elevation line is a logical dividing line between the C (Conser-
vation) zone and residential districts; and
WHEREAS, the Aspen City Council has considered the recommen-
dation of the Planning and Zoning Commission and has determined
the proposed rezoning to be compatible with surrounding zone
.
districts and land use in the vicinity of the site.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That it does hereby rezone to R -15 PUD the area generally
located southeast of the Aspen Alps Condominiums, east of the
Silver Queen Gondola at the base of Aspen Mountain (specifically
described in Attachment 1).
Section 2
That the Zoning District Map be amended to reflect the
rezoning described in Section 1 and the City Engineer's authoriz-
ed and directed to amend the map to reflect the zoning change.
Section 3
That the City Clerk is directed upon adoption of this
ordinance to record a copy of this ordinance in the office of the
Pitkin County Clerk and Recorder.
Section 4
If any section, sub - section, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional by and court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 5
A public hearing on the Ordinance shall be held on the _
day of , 1987, at 5:00 P.M. in the City Council Chambers,
Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to
which hearing notice of the same shall be published once in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED published as provided by law by
the City Council of the City of Aspen on the 23rd day of
February, 1987.
William L. Stirling, Mayor -
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this _ day of
1987.
William L. Stirling, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
gh.49
4 "'
Attachment 1
Legal Description
A tract of land situated in Section 18, Township 10 South, Range
84 West of the Sixth Principal Meridian, being part of the Little
Nell Mining Claim MS 3881 AM described as follows:
Beginning at corner no. 5 MS 3881 (Little Nell) thence North
43028'44" East 136.76 feet along the line 5 -4 MS 3881; thence
South 43028'44 ", East 203.47' to line 1 -4 MS 1830 AM (Chance);
thence South 45000' West 297.01' feet along line 1 -4 MS 1830 AM
(Chance); thence North 05019'34" West 259.54 feet to the point of
beginning containing 1.0 acres more or less.
MEMORANDUM
TO: Glenn Horn, Planning Office
FROM: Jay Hammond, City Engineering
DATE: January 28, 1987
RE: Moses Rezoning and Lot Split Application
Having reviewed the above application for rezoning and lot split
approval, the City Engineering Department has the following
comments:
Rezoning - With regard to the rezoning request to R -15, our only
comment would be that this site would seem appropriate for P.U.D.
designation. This stems from our concerns for the site with
regard to issues addressed under the P.U.D. format, including:
a. Availability of adequate water pressure.
b. The potential for geological hazard problems, particula-
rly debris flow or avalanche in the lower Spar area.
c. The steep terrain and the problems poses for additional
grading as well as slope- density concerns.
Most of these concerns would also be addressed by 8040 review on
the site. Any decision as to the rezoning of the parcel should
be contingent on adequately addressing and if appropriate,
mitigating the above concerns.
Lot Split
On the lot split issue, we would have several concerns:
1. Water Service - These properties are currently serviced with
water from surface sources including a spring and the Durant mine
runoff through a junior water right. Subdivision of the property
would seem an appropriate time to provide connection to the
City's line near the upper Aspen Alps building where adequate
pressure and improved reliability are available. We would need
to review the specific routing, length and sizing of an
appropriate service or main extension.
2. Platting - We would recommend the following be included on
the lot split plat:
a. Identify existing utility connections, service routing,
meter locations and the distance to the existing Alps water
main.
Page Two
Moses Rezoning and Lot Split Application
January 28, 1987
b. Topographic information.
c. Indicate the drainage and trail easements on the
adjacent Chance subdivision.
d. Show individual parking spaces.
JA /co /MosesLOtSplit
MEMORANDUM
TO: City Attorney
City Engineer
Zoning Official
FROM: Glenn Horn, Planning Office
RE: Moses Rezoning and Subdivision Exception
DATE: December 18, 1986
Attached for your review and comments is an application submitted
by Gideon Kaufman on behalf of his client, Gaard Moses requesting
rezoning from Conservation to R -15 and simultaneously approval to
subdivide the property into two lots. There are several compli-
cating factors associated with this application which are spelled
out by the applicant. These complications include the fact that
a number of units exist on the property some of which may have
been constructed illegally and the fact that the property may
have been zoned in the 1970's without recognition of the number
of units on the property.
We would like the City Attorney and Zoning Official to spend as
much time as possible looking through the records available to
your offices in an attempt to verify whether or not the appli-
cant's claims are true. Depending on your findings, the Planning
Office would expect to be able to come to a conclusion as to
whether or not rezoning is appropriate. Should you have any
questions as to the information we seek, please contact us before
you write us a referral memo. The City Engineers concerns should
be limited principally to those associated with the subdivision
application. Should we find that two legal units exist on the
property and that the property should be rezoned to R -15, it
would seem logical to process the subdivision of the property
into two lots via the exception process. Therefore, please
comment on the appropriateness of the plat submitted for purposes
of this request.
Please review this material and return your referral comments to
the Planning Office no later than January 20, 1987 in order for
this office to have adequate time to prepare for its presentation
to P &Z on February 3, 1987.
Thank you.
,..,
LAW OFFICES
GIDEON I. KAUFMAN
A PROFESSIONAL CORPORATION
BOX 10001
315 EAST HUMAN AVENUE. SUITE 305
ASPEN. COLORADO 81611
EISENS October 23, 1986 TELEPHONE
GIDEON I AN AREA CODE 303
DAVID G. EISENSTEIN EIN 925-8186
Mr. Alan Richman, Director
Aspen /Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Gaard Moses Rezoning
Dear Alan:
Please consider this letter an application for rezoning
of the Gaard Moses property (legal description is attached
hereto as Exhibit "A "). Before we get into the criteria for
rezoning, I think it is important to point out some of the
history of this particular parcel. Gaard Moses purchased
this property in 1974, and was immediately embroiled in
litigation with the County over ownership of the property.
The litigation resulted in a compromise in which part of the
parcel was given to the County as open space, and the
remaining parcel was left to Gaard. During this litigation,
the City rezoned the property to a Conservation zoning.
Gaard did not receive notice of this rezoning, which may have
been the result of the confusion over the ownership of the
property at that particular time. Nonetheless, the rezoning
of this property to Conservation was clearly a mistake.
The parcel had a number of legal units on it. By virtue
of rezoning to Conservation, the property was made a
non - conforming use, as well as containing non - conforming
structures. With the conservation setbacks, it was
impossible for any reasonable renovation to take place on the
property. Because of these restraints, Gaard was forced to
make renovations to the property that were not legal, and was
cited by the Building Department. Subsequently, the City
Council approved the renovations that Gaard made. There is
documentation from the Assessor's Office, as well as other
sources which show the legal historical uses on the property.
After the City Council meeting, Gaard went to the Board
of Adjustment to seek a variance in order to make
improvements to the property, but was, unfortunately, denied
the variance request, even though the Board acknowledged that
there was a hardship and a practical difficulty.
Discussions with former planning staff reveal that it
was not intended to zone properties to Conservation that had
r _ q
'k Y
Mr. Alan Richman
October 23, 1986
Page 2
existing structures on them, for it was not the purpose of
rezoning to create non - conforming uses and non - conforming
structures. Clearly, the Conservation Zone is contemplated
for uses other than residential, but in order for the
Conservation zoning not to be deemed a taking, a f (,'
single - family residential use is permitted. However, the
intent of Conservation zoning is not for residential uses.
With its ten -acre requirements, an excessive setback, and
other restrictions, this zoning is clearly inappropriate for
small lots with existing structures on them.
We believe that the rezoning to Conservation was a
mistake, and that it has created 12 years of hardship on
Gaard. It has resulted in actions on Gaard's part that,
while they may not have been justified under the law, are
understandable considering the difficulties that he has
faced. We are, therefore, requesting that the property be
rezoned to R -15. We will follow this rezoning with a request
that the property be split into two lots so that a
single - family residence will be legal on each lot. As, even
with an R -15 zoning, two single - family houses on one lot
would continue to be non - conforming and also create problems.
We feel that in light of the history, the legal units on the
property, and the surrounding properties, Aspen Chance and
Aspen Alps, a rezoning is appropriate.
Gaard is not looking to maximize FAR or duplicate the
large structures in the Aspen Chance Subdivision property.
We feel that the rezoning of this property could put to rest
once and for all, a 12 -year history of complications that
were not necessary. The criteria set forth for rezoning are
all met in this particular situation:
1. The rezoning to R -15 is compatible with the
surrounding zone districts and structures, the Aspen Chance
and the Aspen Alps. The area and bulk requirements of these
other properties greatly exceed those to be placed on this
property, and the suitability of the site for development in
terms of on -site characteristics will have less impact and
can certainly handle the proposed density and FAR.
2. Impacts of the rezoning upon expected traffic
generation and road safety, if anything, will be reduced.
There is off - street parking and utility service already to
the site. There will be no fiscal impact upon the community
from the proposed rezoning.
3. The rezoning will have no impact, other than a
positive one, on air and water quality.
Mr. Alan Richman
October 23, 1986
Page 3
4. The community will be benefited from the proposed
rezoning as it will permanently correct a long -term problem,
and I believe the goal of community balance would be met by
eliminating non - conforming uses.
5. I believe that the proposed rezoning is compatible
with the Aspen General Plan of 1966.
6. The rezoning will clearly promote the health,
safety and general welfare of residents and visitors to the
City of Aspen as a long- standing problem will be corrected.
Enclosed please find the names and addresses of all
owners of the real property within the proposed area of
change,the names and addresses of all owners of real property
within 300 feet of the proposed area of change, the
signatures of the applicants who are all of the owners of the
real property within the proposed area of change, and the
fees for processing this application.
If you have any questions, I would be happy to discuss
them with you. Otherwise, I look forward to having this
placed on the next available agenda. I thank both the
Planning Office and the Planning and Zoning Commission for
their consideration and help in this matter.
Very truly yours,
LAW OFFICES OF GIDEON I. KAUFMAN,
a Professional Corporation
B 5
Gideo Kaufman
GK /bw
Enclosures
APPLICATION FOR LOT SPLIT APPROVAL
PURSUANT TO SECTION 20 -19 OF THE
MUNICIPAL CODE OF THE
CITY OF ASPEN
ALLOWING FOR CERTAIN EXCEPTIONS FROM THE STRICT
APPLICATION OF THE PROVISIONS OF CHAPTER 20
OF THE ASPEN MUNICIPAL CODE AND REQUEST
FOR GRANT OF EXEMPTION FROM
GROWTH MANAGEMENT QUOTA SYSTEM ALLOCATION PROCEDURES
Pursuant to §20- 19(c), GAARD MOSES (hereinafter referred
to as the "Applicant "), hereby applies for exception from the
strict application of all of the standards, requirements and
provisions of Chapter 20 of the Municipal Code of the City of
Aspen and seeks final subdivision approval for the division
of the property described on the lot split plat filed
herewith into two parcels as described on the lot split plat.
For a lot split to comply with all the standards and
requirements of Chapter 20 would be redundant, serve no
public purpose and be unnecessary in relation to the land use
policies of the City of Aspen, Notwithstanding any exception
which may be granted to applicant, the proposed subdivision
will comply with the design standard of this chapter and is
appropriate for a one step City Council approval.
A. EXEMPT FROM GROWTH MANAGEMENT QUOTA SYSTEM
ALLOCATION PROCEDURES.
Pursuant to §24- 11.2(d) this lot split is exempt
from complying with the Growth Management Quota System
Allotment procedures. In accordance with §24- 11.2(d),
Applicant therefore requests that the City Council formally
grant to Applicant an exemption from the Growth Management
Quota System Allotment procedures for this lot split.
B. LOT SPLIT COMPLIES WITH ALL APPLICABLE REQUIREMENTS
OF CHAPTER 20 OF THE ASPEN MUNICIPAL CODE.
1. Development Impact as a Result of Lot Split.
(a) The property has existing units on it and
no additional development will take place as a result of this
lot split.
(b) This subdivision conforms with all
applicable zoning ordinances or other ordinances of the City
of Aspen and laws and regulations of the State of Colorado.
2. Disclosure of Ownership.
Attached hereto is a true copy of Ownership
and Encumbrance report issued by Pitkin County Title, Inc.
...
3. Lot Split Plat.
Filed herewith is a lot split plat containing
necessary items and information indicating that the proposed
subdivision meets the design standards of Chapter 20 of the
Municipal Code which are applicable to this proposed lot
split.
4. Adjacent Property Owners.
Attached hereto is a list of the names and
mailing addresses of the owners of the adjacent properties
prepared by Stewart Title of Aspen, Inc.
5. Zoning.
The property will be zoned R -15.
Dated this 55 day of lDr c__ '` , 1986.
Respectfully Submitted,
LAW OFFICES OF GIDEON I. KAUFMAN, P.C.
By I
Gide.f Kaufman
moses lotsplit /LOTSPL
- 2 -
ti..
LAW OFFICES
GIDEON 1. KAUFMAN
A PROFESSIONAL CORPORATION
BOX 10001
315 EAST HYMAN AVENUE, SUITE 305
ASPEN. COLORADO 81611 TELEPHONE
GIDEON I. KAUFMAN December 9, 1986 AREA CODE 303
925-8166
Mr. Alan Richman, Director
Aspen /Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Gaard Moses Rezoning and Lot Split
Dear Alan:
Per our discussion regarding the Gaard Moses property, the
following documents are enclosed for your review:
1. Lot Split Application and survey for the Gaard Moses
property.
2. A Certificate of Ownership from the title company which shows
Gaard in title.
3. Affidavit from Jesse Graber which shows that he has lived on
the property since 1974, and that four distinct units have been in
existence up there since 1974.
4. A letter from the Assessor's Office which shows that there
have been two separate and distinct structures there since 1975.
5. Letter from Bill Kane, Planning Director at that particular
time, who states that the intention of the Conservation Zone was not to
be applied to existing residential development.
6. A copy of the City Council Minutes by which the Council
acknowledged the legality of at least two of the units at its June 25,
1979 meeting.
Clearly, the property has had an interesting history; and, while
there are four units on the property, there may be a question as to the
legal status of all four. I think there is no question that two of the
units have been ratified as legal by the City Council, and that our
intention of correcting this mess is a valid one, whether there are
two, three or four legal units.
Once you have had a chance to review these documents, I early an
forward to discussing this with you and having it placed
as possible since, if we do get our rezoning and lot split, we
would really like to begin renovation this Spring. Thank you for your
help and consideration.
Very truly yours,
LAW OFFICES OF GIDEON I. KAUFMAN,
a Pr essional Corporation
By l
GK /bw G' eon Kaufman
cc: Gaard Moses
N.
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A S i�..E
130 sou , -� s81611 tr-ee
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A G E N D A g/((90,
ASPEN BOARD OF ADJUSTMENT
February 12, 1981
4:00 PM
City Council Chambers
I, APPROVAL Or MINUTES
II. NEW BUSINESS
Case No. 60 -15
Marcia Gray
703. North 3r•ci Street
I ?:I. COMMITTEE COMMENTS
IV. ADJOURN
E
. .... ........� ,.a Fen �.tr :y oouncr i
. . _ _ ;u r. 2S, 179
•
MOBILE HOME t' }: P1: �z0+;,
���'� ` 2-5 Jeri
Stock submitted to Council the current mobile home code And btate health etandarda, which •
;le ha:r! park are minimum standards. These ,apply unle:.s the City's Cade is more restrictive; in most
ilathana cases the City':; Code is not more restrictive. Stock told Council the County has hired
a consultant to help them write a mobile home code, which was alto submitted to Council.
. Stock reque:.ted authority to prepare a document modeled on the County proposal to bo brought
back for consideration. Mayor Edel said he found the County ordinance terribly restrictive.
Jolene Vruhotn, planning office, told Council there are three sets of regulation:, for
• park owners. The first set of standards is to he met in the first year, and these are the
least restrictive. The second set is to be met within 5 years to bring them slightly
above minimum health and safety standards, and does include some aesthetic standards.
The third set of :standards, which includes the density of 4 units per acre, is strictly
for expansion and new mobile home parks.
•
Councilman Isaac moved to have Stork draft an ordinance and come back to Council with it;
seconded by Councilman Parry. All in favor, motion carried.
GAARD MOSES SETTLEMENT
Stock explained the situation in his memorandum. The house is just east of the Aspen Alps.
'The property currently has two single family dwellings and a pump house, it is in the
1 Muses cOnservat-inn dle rtes. The property is one acre in size, and under zoning it would allow
leennt for one single family house. This property is considered to be a non - conforming use, and
consider the two units to be legal. He could not currently build them now.
Stock told Council Moses began construction of an addition in 1977, which is a arage in
lower level, and second level an art studio. Moses did this without getting a bui ng
permit and without Obtaining 80T0 greenline review. The building inspector put a stop
work order on the property; Moses has been working with the City on how to solve this
problem. Stock said he would recommend the ripping down of the structure, if he had gone
to Court. The negotiated settlement is to obtain 8040 greenline review; which Moses has
obtained from P & Z. Secondly, to obtain building permits at double rates. Third, the
City's Code would not allow a home occupation to have a total area greater than 1/2 of the
first floor area of the principle dwelling.
Stock told Council the area for the home occupation is too great by almost 1/3. Stock has
asked that Moses be required to rip out that 1/3. Moses presented an alternative to P b Z
of changing that area into employee housing. Stock objected because if you have the
right to 1 unit and go to 3, it would require rezoning. Stock said another alternative
would be a cash payment of some type. Stock stated he would rather have some portion of
the structure removed to meet with Code requirements.
Moses outlined the three points; (1) removal; (2) retain approximately 400 . feet, which
would be nipped out, and put employee housing into it, and (3) because the house has been
expanded at least twice before 1973, in the interest of simplification, let the lower
level of the new structure become part of the house and contribute to FAR'of the house.
It would be larger than twice the area of the art studio then. •
Stock said what he felt was important in his solution is not so much whether he rips down
the structure, but to create an indication to the public that they cannot avoid the City's
rules and regulations, that they will be enforced. The City has got to become more
restrictive in their enforcement. Stock said he was totally against trying to obtain
rezoning to allow a density of three units. Councilman Parry said he felt it would be
better to increase the projection room and let the other part remain the way it is.
Councilman Parry said he could not see tearing down the structure. Councilwoman Michael
stated this is a case of he•., important the Council feels their rules are. There was a
reason to set 8040 greenline against the mountain, and to have reviews for building.
Councilman Isaac agreed he did not feel Moses' house was an appropriate place to put
employee housing. Councilman Isaac said he felt hoses should pay double building permit
fees and make the corrections in the projection room so that the FAR complies with home
occupation. Councilman Collins stated he would be inclined to follow the recommendations
of the City Attorney.
Mayor Fidel said he couldn't see the house being ripped .
. said he would like to get Moses go after re zoning .ppMayorrwEdel t said n although n he would
Edel
• not like to have Moses rip down 1/3 of his house there are laws and statutes. Stock
• suggested the alternative of t•ioses accepting criminal charges and allowing the Court :to
' impose the penalty. Councilwoman Michael said the Council is abrogating their responsibili'
by sending Moses to Court. Councilman Parry noted this has gone on for two years. He
would like Moses to be right as far as the building permit.
Councilman Parry moved to let the lower level become part of the house so that the FAR is
right, and Moses pay double building permits; seconded by.Councilman Isaac. Councilmemberx -
Parry, Isaac, and Mayor Edel in. favor; Councilinembers Michael and Collins opposed. Motion
' carried.
•
ORDINANCE 041, SERIES OF 1979 - Cable Television Theft
•
Stock told Council there is a provision in the Code currently that says it is illegal
1, 1979 to steal cable television, ancl..the City has been asked on numerous occasions to enforce
ri theft that ordinance. The City has no' „;ay to enforce the ordinance. The ordinance has been
redrafted making it clear this is a theft. If a person has illegal cable, Canyon Cable •
will photo it, disconnect it and leave a note.tel.ling the people they are not paying for
cable. They will reinspect in tau weeks; if it has been reconnected, Canyon Cable can
come in and sign a and take the people to Court. Councilman Isaac asked why
the City should get involved. Stock told Council this is not an unusual request from
cable companies.
• Councilwoman Michael movee to read Ordinance 441, Series of 1979; seconded by Councilman
Parry.
All in favor, mot'.:' rriec ?.
I
k
Board of Adjustment October 9, 1980
RECORD OF PROCEEDINGS 100 Leaves
FORM se C. Y. MRECKCI R. R. R 1. C9.
A regular meeting of the Aspen Board of Adjustment was held on October 9, 1980
at 4:00 PM in the Aspen City Council Chambers. Members present were Remo
Lavagnino, Charles Patterson, Francis Whitaker, Josephine Mann and John Herz.
APPROVAL OF MINUTES The minutes of July 10, 1980 had been tabled because,
as pointed out by Jon Herz, there was a gap in the
tape of the meeting. Since comments by Francis
Whitaker were not included in the minutes, the minutes
were tabled to allow Whitaker to include those comment
Whitaker first wanted to say that it was not his
impression that several meembers of the board could
l
see where there was a hardship and practical difficult
He was referring to the actual minutes on the Gaard
Moses case and he said he could not recall anyone
actually making that statement.
Whitaker then told the committee that he took some
notes on the Moses case and he would give them to the
secretary after the meeting.
From Francis Whitaker's notes:
Moses was asked how long he had been in business. His
answer was ten years. Moses was asked if he was
familiar with permits for signs. Answer: Yes.
Moses was asked if he constructed a studio at the
Brand Building without a permit. Answer: Yes.
Was he aware of the basic concepts of a single family
dwelling? Answer: He was now. Whitaker stated that
as a single family dwelling was before the Board, it
actually had two complete and separate kitchen
facilities. It also appeared to Whitaker that he
was requesting the additional space in order to
legalize the present illegal floor area ratio of his
studio workshop. There was background information on
this that the City Attorney gave the Board - his
studio workshop could be no more than half the area
f of the ground floor. It was way beyond that.
It was also admitted by Moses that the second structur
on the property was a duplex but for some reason it
was beyond Moses' control over this use. Chairman
Lavagnino said it was also pointed out at this point
that that was not what was being asked as far as the
variance was concerned. The duplex was irrevelant
in this case.
Whitaker made a motion that these notes be included
in the minutes of July 10, 1980, and that the sen-
tence "Although several me :aebers of the Board could
see where there was a hardship and practical diffi-
culty" should be deleted. Chairman Lavagnino said
he thought what was pointed out was some structure
deficiencies in the building, the way it exists.
Whitaker also said that although the minutes did
reflect that a site inspection was made, they did
not say that the Board members were the ones who
inspected it. He thought that should be included
also.
Fred Smith seconded the motion, all in favor. Motion
carried.
RECORD OF PROCEEDINGS 100 Leaves
Chairman Lavagnino said that was a motion to add those
comments to the minutes and now the minutes should
be approved in their entirety. Whitaker made a
motion to approve the total minutes of July 10, 1980.
Charles Patterson seconded the motion. All in favor;
motion carried.
Josephine Mann said the Board would now need to approve
the minutes of September 25, 1980. Patterson made
a motion to approve those minutes, Mann seconded the
motion. All in favor, motion carried
At this point the Board had to wait for the applicant
and the Acting City Attorney to come to the meeting.
They would need some legal advice on the application
of W.H.O.P. Ventures.
W.H.O.P. Ventures Whitaker believed the applicant should come before the
Board of Adjustment with a decision from the Stream
Margin Review Board. Patterson said the applicant
should also have the proposed plans.
At this point, Lou Buettner, from the City Engineering
Department, brought down a plat of the land in question
which showed the true flood plane line, which had been
misrepresented before.
Sunny Vann, representative of the Planning Department,
said the problem now is issuing a blanket variance
with no building plans.
Whitaker said he understood the Acting City Attorney
to say that the Board's procedure would be to require
Stream Margin Review and proposed plans, prior to
consideration.
Vann said he can't be granted Stream Margin Review
because he has not been properly annexed into the
city. The plat had not yet been recorded as everyone
had thought.
Buettner said the difficulties in the annexation are
basically in the plat and it is being corrected right
now. He thought the aggreement had been signed.
Chairman Lavagnino thought the Board could go ahead
with the application, attaching the condition that
the property must first be annexed into the cic
Whitaker disagreed and thought the property she 1 be
officially annexed before the application is pi assed
by the Board of Adjustment.
Acting City Attorney Bob Gruetter came in and Chairman
Lavagnino told him the application is asking for
a setback variance because where the old flood plain
line was and where the setback requirements come to
doesnit allow the applicant to build a substantial
structure. It would have to be too narrow. Now there
is a new flood plane line and, since the Board Las
discovered that the applicant is not oilici_a ly in
the city, the Board is wondering if they should hear
the case:.
� r
RECORD OF PROCEEDINGS
100 Leaves
Gruetter asked if that came up at the last meeting and
Chairman Lavagni.no said everyone had assumed that the
annexation had taken piac.. Gruetter said the annex-
ation agreement is sitting on Mayor Edel's desk and
until that and the plat have been recorded, the
ation is not official. He also said that he thought
the purpose of the meeting today was to look at the
proposed building plans. Rick Head, representative
of W.H.O.P. Ventures, said he had the proposed plans
with the new flood plane line and the new setback
lines. Gruetter stated that anything done today would
not be binding since the property is not in the city
yet. He thought it would be okay for the Board to
hear the case and approve upon the condition that the
property is legally annexed into the city. The only
thing is, if the application was denied, be could
easily appeal the decision, arguing that the Board
did not have the right to act on the case since the
property is not legally in the city yet.
Mann said she thought the Board should look at the
plans and then decide if they wanted to act on the
application.
Chairman Lavagnino asked the rest of the Board how
they should review the case. Should they look at all
of the facts and not come to any conclusions
Patterson thought they could approve it subject to
the annexation going through. Gruetter thought the
Board should, although they could hear what they want
today, act after the annexation is completed.
Patterson thought the members could hear the case,
get the minutes of the proceedings, and vote on it
after the annexation goes through. Chairman Lavagnin<
did not think this would be appropriate because the
record of proceedings would not be legal since it
would just be a discussion. Since W.H.O.P. Ventures
would have to come back anyway, Chairman Lavagnino
thought the Board should table the entire procedure
until then. Gruetter agreed.
Whitaker made a motion that the applicant is not
legally in the city and therefore the Board of Adjust
ment should not hear the case. Patterson seconded
the motion. All in favor; motion carried.
The meeting was adjourned at 4:45 PM.
& P ,�
Robin R. Berry, Secretary
•
506 east main street;
aspen colorado 81611
May 10, 1980
To Whom It May Concern:
From Assessment information in the Pitkin
County Assessors office and from my own personal
knowledge as Deputy County Assessor, I will state
that there were two separate residences on what
is now known as the Gaard Moses property, situate
on a portion of the Little Nell Mining Claim, kr. 1 ct'15
U.S.M.S. # 1830, R.F. Mining District also known r ,
• as 800 Aspen Alps Drive, since the January 1, 1975 r e
assessment.
Those structures which were in place at that
time, even though one has been added to, are both
• in place at this date.
pect / fully submitted
W rre - V / J. Conner
• Deputy County Assessor
Court House
Aspen, Colorado
tlY
I
•
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f i • 1 . 1\ T
.
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'�.._ GAARD'S GRAPHICS • •
I.. 1 I Box 2588
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-
Aspen, Colo. 81611
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11 not be represented `by counsel. BY Remo Lavagnino, Chairman
AFFIDAVIT
STATE OF COLORADO )
ss.
COUNTY OF PITKIN
I, JESSE GRABER, being first duly sworn on oath depose
and say as follows:
I have resided at the Gaard Moses property since 1974.
Since that period of time, there were two duplexes on the
property, and I lived in one of them. I have continued to
live on this property since 1974, uninterrupted for twelve
years except for 1982 and 1983. I lived in one of the units,
and it functioned for twelve years as a separate independent
unit.
FURTHER, AFFIANT SAYETH NOT.
JESSE G' a - =ER
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
Subscribed and sworn to before me this day of
c4 , 1986, by JESSE GRABER.
WITNESS my hand and official seal.
My commission expires: ,j„,s
.41,4x.( � Fr
Notary Publ c \\
graber aff /DAILY2
-
` r . - PRRIFI CbUNTY TITLE, 1 C. - 1
Title Insurance Company
601 E. Hopkins
RICH LUHMAN Aspen,Colorado81611 DATE: CCI08FR09, 1986
• • WIEQFR STARE LAW OFFICES (303) 925-1766
• 315 E. HYMAN AVE.
• ASPEN, COLORADO 81611
Pitkin County Title, Inc., a duly licensed Title Insurance Agent
in the State of Colorado hereby certifies the following list is a
current list of adjacent property owners within 300 feet of
the subject property set forth on Schedule "A" attached hereto
and made a part hereof, as obtained from the most current Pitkin
County Assessors Tax Roll.
NAME AND ADDRESS BRIEF LEGAL DESCRIPTION
GRAD HOPKINS MOSES SUBECF PROPERTY
P.O. BOX 21
ASPEN, COLCRADO 81612
H.A. 80RNEEUD, .1. LOT 34, 18-10-84, METES AM)
GEORGE P. MFLUEL
5237 CEDAR CREEK DRIVE
}LUSPON, TEXAS 77056
DAVID R. ED(ERMIN
BM? G. AR DS UNLT 709, BLDG. 700, ASPEN ALPS S.
SUITE 107, CORAL REEF IEDICAL PARK II
92752 CORAL REEF' DRIVE
MIAMI, FLORIDA 33157
BURT SUGARMAN
wv x jay - [NIT 710, BLDG 703, ASPEN ALPS S.
9000 SUMET
BEVERLY MIS, CALIFORNIA 90212
MAUREEN M. ROIN
1225 1859lI70It ROAD UNIT 703, BLDG.. 703, ASP127 ALPS S.
*MIKA, ELDOIS 60093
liAR1Ot1E ' :
r APf 70 W ,+ 1 WIT 701, ate :10O, .ALPS s •
. /.� ....w•u >ivaa ` .,.YN } 7 Y,.,, ,,=4,
r1
Al, SEF1 OOLD11AD0 81611 `r ° ^'
a
TClN F.'R]DDIII r, UNIT 708, BLDG. 703, ASPEN ALPS 8.
XIV M.P.` THAlant ,1R.
P.O. BOX 231
SEA ISLAM, GEORGIA 31561
B S. IL ri UNIT 700, BLDG.200 maul NPS s.
V yu yJJ SKIFF LEGAL DESCRIPTION
JOSEPH C. v . ..i 5fei. .� a ..v.:a" v'+3'_ .. ...
RIMY M. IIARRLS ?air i�+ BfDG 700 Al TASPE MIS 3
. 1
• n i
386 SCUM MISSISSIPPI RIVER BLVD.
Sf. PAUL, M[I€SQrA 55101
MD- (flI'IIdNf RESOURLES, INC. UNIT 706, BLDG. 700, ASPEN ALPS S.
C/0 ROBERT MAW!
DRAFE R 790
OLE/44XE SPRIIES, OQARADO 81601
JAWS M. 1%JlIIrR, III UNIT 702, BLDG. 700, ASPEN ALPS S.
5414 BEILIIRE DRIVE
NEW CRIEMG, LOUISIANA 70214
H A. >IQfID, JR. SPACE A, BLDG 700, ASPEN MIS S.
5237 CEDAR CREEK DRIVE
9OIJSltx1, 'IDEAS 77056
JCHN H. FIGI JR.
M 6 I INTf 705, BLDG. 700, ASPEN ALPS S.
MARSHALL & ISLEY BANK
901 SOUTH ARMS AVENGE
MARSHFIELD, WISCONSIN 54449
HERBERT M. GIIFAND UNIT 704, BLDG. 700, ASPEN ALPS S.
9171 WI SEEM€ BLVD. SUITE 610
BEVERLY HILLS, CALIFORNIA 90210
C#JII3F1dfl OSUNA APT 15, ASPEN ALPS 4€isT
DCRIS °SUM
234 PARK AVI2RE
TEL RIO, 'TEXAS 78840
144(b SMART APIS 2,11, ASPEN ALPS WEST
C/0 VACO BRANCH OFFICE PARR
l 1931 WIQCQESIE t LANE, :SUITE 302
HOUS1l1, /ERAS 77043
SHIIQEY 7MYlLEI APT 16, ASPS ALPS JEST
W-IAZY T RANCH
MY, MJNPANA 59016
JOSEPH T. VERtESCA AFT 4, ASPEN ALPS WSf
1250 MAJESTY ":
DALLAS, TEXAS 78247
RFALISCVERTIESSISD 11A1'T rauei' a 1, ASffiI
Butt ����!!��►► ^* APT , fr.; t�1IPS'S�BST •
72514 CA I Ci100E"'�Ik Y' "
CAIN GROVE, CALIFORNIA 92641 +. _ :.
LILIA F. 11<TP11IIL APE. 8, AWN AIDS TES[
APARTADO POSTAL 31-9
GUADALAJARA JAL ISCO, MPJQQI 45050
JADE PARIS `
� . r ' APT. 5, ASPEN AIDS IESP
2021t&NIM• • T 1 }' ` •'fi "" E t .� . . a ` ai +, .w.,' ...
:w..�. ....��. e.N . �*P �{ �r,1�.Y�L �X4r .., _4 _w, X �`t"'
Kitt' LEGAL DESCRIPTION
ROBERT E. ___ 1
4837 PRICEY PEAR LATE
�•' AS>'DP71LPSiEST= r
SO TTSOALE, AREKNA 85253
ALVIN Q•J w4
645 FIFTH AVENUE APT 14, ASPEN ALPS WEST
NEW YORK CITY, NEW YORK 10022
BASLO
C/0 EBCO, DC. milt 10, ASPEN ALPS JEST
1109 MAIN SLREET
BOISE, IDAHO 83702
RCNYRA REALTY N.V.
111 ELM STREET UNIT 6, ASPEN ALPS WEST
SAN DIEGO, CALIFORNIA 92101
DELIASON,
C/0 FRED S. TIXTE N AFT. 9, ASPEN ALPS WEST
P.O. BOX 190
CCLTCN, CALIFORNIA 92324
MARJORIE S. RHCCES
1401 AVOCADO AVENIE APT. 13, ASPEN ALPS WEST
NEWPORT BEACH, CALIFORNIA 92660
CANSTANCE HARVEY
C/0 ROBERT ICU, ESQ, APT. 12, ASPEN ALPS WEST
C/0 JOSEPH KATZ
200 PARK AVENUE
NEW YORK CITY, PEW YORK 10166
ASPEN CRAKE, INC.
ASPEN CHAERE SUB. IOIS 1,2,3,5,7
RED CAR CF CQQtAIZ, DC.
11255 NDRIH TCRREY PEES EGAD ASPEN M'. LOT 6
IA JOLLA, CALIFORNIA 92037
ASPEN AIRS WEST CQCOMINj M•A$9pQATICr1
ASPEN ALPS SOULE °CPDCLDZIIC/4ASSCCIATI N
ASPEN AIRS AIM ASSOCTATI
LEINER RIO GRAND •
C/O H.A. PHIIZIPS DIRECER OF REAL ESTATE RAILROAD UGC � WAYS
P.O. BM 5482
LIMNER, CQIRADO 80217
•
•
ASPEN SKIING w.
P.O. BOX 1248 ASPEN NfQIDAIN
ASPEN, =MAW 81612
" -•y u.•u t.vu.\..JJ
RIFF LEGAL DESCRIPTION
T A RICUT R8
UNITED STATES DEppRTEFNf OF MST"'
FOREST S6Wifl ` , : j iiffTB- 1t1VHlifR1T011Ai, em
806 W. HAILIM STREET ;/ D A5M@i FAIN
ASPEN, COLORADO 81611
UNITED STATE CEPARR ENT OF INTERIOR
BUREAU OF LAND MANAGIIZNT ANY AND AIL LANDS ADJODiIIMG MINIM
50629 HIWAY 6 & 24 C[AIMS
an*ACO SPRINGS, COLORADO 81601
L. ROMAN DRAKE
MINAS L. DRAM UNIT 301, PLUG. A, ASPEN AIDS S.
JOAN F. DRAKE
85 MARiAi•D ROAD SOUTH
CCLCRADO SPRDES, COLORADO 80909
HERBERT J. WINTER
3321 S. PIBA,gQ ROAD INIT 302, BLDG A. ASPEN AIDS S.
CHICAGO, IILIED]S 60623
JERC € A. KAPLAN
SUITE 403 UNIT 303, BLDG. A, ASPEN ALPS S.
6001 ?KHMER ROAD
ROQNIIIE, MARYINND 20852
A. RICHARD HERMAN
RICHARD FREERNN UNTT 30 4, BLDG. A ASPEN ALPS S.
GARY FREFaMN
WM FREEDMAN
336 S. ELM DRIVE
BEVERLY HILLS, CALIFORNIA 90213
JCIN W. RHEA, JR.
ROS<MAFT1 T. RHEA UNIT 305, HUG. A, ASPEN ALPS S.
4000 LE/MCI N
DALLAS, TEXAS 75205
SAXIM
3840 I ID HOES CARE CENTERS, DE. LNIT 306, RUG. A,'ASP@I ALPS S.
AVE14E .
CHICAGD, ULIIDIS 60647
lit. SERI DG T. LILRICEIIA
200 TWIN OAKS DRIVE UHTT 307, BLDG. A, ASFSIQ ALPS S.
RACIIAND, LOUISIANA 703%
1045 sREm1N RoAO ES ' UNIT 308, EIZG. A, A ALPS S.
,, 1a , �4s • R .` -
WII E RA, ' =ars i• span, r .F ,• %f
KENT W. $ IIQ r ' 'ti d w 7 ' k t,
JUAN G. SBLIEFli r UNTTS 8, 9r 4 PS
13 SOUIIi 7th SIFT' "` = « . UNIT 16, ASPEN ALPS
CIIEVA, ULINNS 60134
•
DCN M. SIMECHBCK
741 WEST CLEEKSICE DRIVE UNIT 11, ASPffii AIDS
IUJSDON, TEXAS 77024
2 ?`
.•.+,,,BRIEF LEGAL DESCRIPTION
SAMIFT. C. SJLVil SIEDI � j W1T 4, ASPEN ALPS
JO Atli SILVERSTEIN
325 EAST 79th STREET NO. 6B
NEW YORK CITY, NEW UK 10021
MAX J. PINCUS UNIT 7, ASPEN ALPS
1780 HAMYOB) COURT
BL0],FIE1D HILLS, MICHIGAN 48013
TOWN & COUNEEDi BAMC UNIT 1, ASPEN ALPS
DBA MLLID BANG tE1CRIAL
P.O. BOX 19372
HQ1S1CN, 'TEXAS 77224
•
BARBARA tfRRIS LVIT 2, ASPEN ALPS
924 FRANKLIN AVENUE
RIVER FOREST, ILLINOIS 60305
LOUIS MARCUS UNIT 13, ASPEN ALPS
601 CID CROSSING DRIVE
BALTDLIE, •4E00AED 2120E
DR: DAVID M.D. ICBM SH MIT 3, ASPEN ALPS
3035 EAST 16th AVENUE
MERCY MIDICAL PLAZA SUITE 303
EENVER, COLORAD0 80206
THRELE S. EDISCI4 LIiTT 17, ASPEN ALPS
P.O. BOX 456
NORTH PIATIE, NEBRASKA 69101
DR. R. VERN11 M.D. CXIPITTS UNIT 15, ASPEN ALPS
SUITE 480
7515 SOUTH MAIN
HOUSICN, 1E;'AS 77030
ALEXANDER B. SLATER LIR1T 12, ASPEN ALPS
P.O. BOX 491
LOCUST VALLEY
W G ISLAM, NEW YLRIC 11560
IANE N. MI.12E11 UNIT 6, ASPEN ALPS
316 SCUD! IMPART STREET
NEW OIRFANS, LOUISIANA 70112
114VID FALN NIT 10, ASPEN ALPS
RL7TH FALN .. _
C/O ASPa ALPS "
P.O. BOX 1228
ASPEN, OQQLADO 81612
•
A & L RANCH UNIT 14, ASPF21 ALPS
1W0 1110USAta CHESSMAN
2000 EAST 12th. AVENS
•
DENVER, O0IA8AD0 80206
ti_
.�
"P1TKIN COUNTY TITLE, Inc. `;" ''• , '
We Insurance Comp ny
601 E. MopMra • '
Aspen, Colorado 81811
(303)9254768 .4 {
EXHIBIT "A" MCC fl TRU d 1 .
•
NEG. AT A VI. ON LINE 4 -5. M. 8. "' t i `y ;% , `t .
Nu. 381'1 AM LITTLE NELL, tEING S.,43 0 •
28'44" N. 70.00 FT. FROM CUR. NO. 4 •
M, S. 110. 3661 AM LITTLE NELL ` -
A NU. 5 kE -RUO IN PLACE). TH. S. 43
28' 44" n.. 136.676 F1. ALONG LINE
u -5 M.S. 43Ib1AM LI11LE NELL TO CUR. 5
f"I11EkAL SURVEY i10. 3881 AM, TU. 545
ib'w 147.73 M. ALONG Llrlt 5 -1 MINERAL . ;;
SURVEY wu, 1b81 AM TO THE COMPROMISE ,. d , ,�;
LINE tIIH THE "MILLIONAIRE" ( MINERAL • , ,
• SURVEY NU. 31.12v AM), 1H. 914 30°,4 r k '��
S97.6S FI. ALONG THE COMPNUMISt LINE
10 A POIiiI OE )NTtRSECTIUN w1TH LIt1E
1 -2 MINERAL SURVEY NO. 3681 AM 6 LINE
4 -1 MINERAL SURVEY NO. 183u "CHANCE"
1H. N45 uU'L b72.60 FT. ALONG LINE 1 -4 .
MINERAL SURVEY NU. 1830 "CHANCE ", ,
1H. t.43 4b'W 203.47 FT. 10 THE POINT
OF IItGINNIt1G, CONTAINING 2.324 ACRES • v MORE OR LESS. 1x
li0uI eM$ PAGL 81
800K 321, PAGE 940.0 - , 'e"
0001' 321, 1'861 979.
131101' 3i0, PAbE 946. - . ` .41
LISS AN LASEMENI FOR PARKING MOTOR
VEHICLES APPUKIENAr1T Tu 1Ht 0.326
ACRE TRACT UtSC. IN. (WOK 264, PAGE 898
.SAIU EASEMENT COVERING A TRACT OF
. LAUU IN StC. -10 -84 W. bTM. P.M. `" a;i
REJIG PART OF THE LITTLE HELL *33
MI CLAIM- MS- 38011AM UESC.
I1 M /b, CONTAINING 629 SUOARE F r z,
1=tET,.M /L 6EL DEED IN SOUK 330,
PAGE 945, DEEDED TO • t °',.i •1 `
11, 4.- 6ORNtftLU, JR. AND GEORGE P. <r r t `A'
p
MITCHELL. *
--e- ` -. . , „, * * / •"
at MUUR 32a,' 505, ANSI - M „} 52..,-:
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TAX DISTRICT I VS,' . TAX DISTRICT I R
T/
1 . T T •1 10 tec A 4341.: . ' at14-4:4e--'-=
TAX DISTRICT I CF
ASPEN CITY LIMIT
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CERTIFICATE OF MAILING
I, hereby certify that on this -2 �l day of .C27L C/
198(r , a true and correct copy of the attached Notice of Public
Hearing was deposited in the United States mail, first -class
postage prepaid, to the adjacent property owners ap indicated on
the attached list of adjacent property owners which was supplied
to the Planning Office by the applicant in regard to the case
named on the public notice.
Nancy et'
PUBLIC NOTICE
RE: NOSES REZONING AND SUBDIVISION EXCEPTION
NOTICE IS HEREBY GIVEN . that a public hearing will be held on
Tuesday, February 3, 1987, at a meeting to begin at 5:00 P.M.
before the Aspen Planning and Zoning Commission in City Council
Chambers, 130 S. Galena Street, Aspen, Colorado, to consider an
application submitted by Gideon Kaufman on behalf of his client,
Gaard Moses requesting rezoning from Conservation to R -15 and
simultaneously to subdivide the property into two lots. The
property is located at 600 Aspen Alps Road, off Ute Avenue.
For further information, contact the Aspen /Pitkin Planning
Office, 130 S. Galena, Aspen, Colorado 81611 (303) 925 -2020, ext.
298.
s/C. Welton Anderson
Chairperson, Aspen Planning and
Zoning Commission
Published in the Aspen Times on December 24, 1986.
City of Aspen Account.
PUBLIC NOTICE
RE: NOSES REZONING AND SUBDIVISION EXCEPTION
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Tuesday, February 3, 1987, at a meeting to begin at 5:00 P.M.
before the Aspen Planning and Zoning Commission in City Council
Chambers, 130 S. Galena Street, Aspen, Colorado, to consider an
application submitted by Gideon Kaufman on behalf of his client,
Gaard Moses requesting rezoning from Conservation to R -15 and
simultaneously to subdivide the property into two lots. The
property is located at 600 Aspen Alps Road, off Ute Avenue.
For further information, contact the Aspen /Pitkin Planning
Office, 130 S. Galena, Aspen, Colorado 81611 (303) 925 -2020, ext.
298.
s/C. Welton nderson
Chairperson, Aspen Planning and
Zoning Commission
Published in the Aspen Times on December 24, 1986.
City of Aspen Account.
PITKIN COUNTY TITLE, Inc.
Title Insurance Company
601 E. Hopkins
Aspen, Colorado 81611
(303)925 -1766
PITKIN COUNTY TITLE, INC., A DULY LICENSED TITLE INSURANCE AGENCY
IN THE STATE OF COLORADO, HAS EXAMINED THE RECORDS OF THE COUNTY
CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, AND HEREBY CERTIFIES
THAT GAARD HOPKINS MOSES IS THE OWNER
IN FEE SIMPLE TO THE FOLLOWING DESCRIBED PROPERTY:
NEG. AT A P1, UN LINE 4 -5, M. S.
NN. 3OM1 AM LITTLE NELL. BEING S. 43 U
28'44" N, 10,00 FT. FROM CON. N0. 4
0. b, 1111, 3861 AM LITTLE NELL
A NU. 5 NE -NUU IN PUCE). TN. S. 43
26. 44" 111. 136.871, FI. ALONG LINE
4 -5 N.S. 8 381/1AM LIIILE NELL TO CON. b
1.1 utkAL SUNVtT IN1. 3881 AB, TN. 545.
38'r. 197.73 El. ALONG LINE 5 -1 MINERAL
SOURLY Nu. 7081 AM tll rME COMPROMISE
LINE 1.1111 fNt "MILLIONAIRE" (MINERAL
SURVEY NO. 3u2u AM1, 111, 514 3U'W
h97.05 FI. ALONG TIIE CIINPRUM ISt LINE
10 A NOINI 01 INIEWSLCI(uN Wllrl LINE
1 -2 PINtRAL SIU4VEf NO. 3881 AM A LINE
4 -1 MINF.NA1. SURVEY NU. IS3U "CHANCE"
IN. 845 00'L 672.44 FI, ALONG LINE 1 -4
MI Nt NAL SONVt1 NU. 1830 'CHANCE".
IN, 147 46'6 203.47 F1. I0 THE PUINI
OF MtIIPNIOG. CONTAINING 2.324 ACMES
MORE ON LESS.
Ilbu4 e88 PALE RI
Ot/Ob 321, ,'AOE 9d0.0
UUO% 3?1, VANE 979.
111,011 340. PALE 946.
LI tiS AN 1ASEMFN1 FUN PANA ING MOTOR.
VEN T LLL, APp1NI LEANS 70 1116 0.326
ALRt IRALT Ut8C. Ii. 001111 2434, PAGE en
SAID CA3EPENI COVERING A INACT OF
LA1111 IN SEC. 18 -10 -d4 N. bil. P.M.
(IL1NN PANT OF IME LITTLE NELL
MINING CLAM MS 3481 AM uESC.
NI N /N, CONTAINING 829 SuUANE
•
FLE1, M/L 5FL UtEll IN 1,0011 330,
PAGY 945. OttOCU Tu
11. A. r■0P.NLELLu, JR. AND GEORGE P.
III ICNLLL,
31L ENNA 324, PAGE 505, ANU.
NO011 324, PAGE 4 96.
=manna
STA7Tt OT CULECO.
CERTIFIED TTTIS 0• FAY 3F OCTOBER 1986,
B ir el
•
•
• " PITKIN COUNTY TITLE, Inc.
Title Insurance Company
601 E. Hopkins
• RICH LUHMAN Aspen,Colorado81611 DATE: OCTOBER 09, 1986
•WHEELER SQUARE LAW OFFICES (303)925.1766
•315 E. HYMAN AVE.
•ASPEN, COLCEADO 81611
Pitkin County Title, Inc., a duly licensed Title Insurance Agent
in the State of Colorado hereby certifies the following list is a
current list of adjacent property owners within 300 feet of
the subject property set forth on Schedule "A" attached hereto
and made a part hereof, as obtained from the most current Pitkin
County Assessors Tax Roll.
NAME AND ADDRESS BRIEF LEGAL DESCRIPTION
GAARD HOPKINS MOSES SUBJECT PROPERTY
P.O. BOX 21
ASPEN, CQARADO 81612
H.A. I10RD>EFFID, JR. LOT 34, 18- 10-84, METES AND
GEORGE P. MITII,
5237 CEDAR CREEK DRIVE
HOUSTON, TEXAS 77056
DAVID R. EDCERTCN
BETTY G. ACS lIN1T 709, BLDG. 700, ASPEN ALPS S.
SUITE 107, ODRAL REEF MEDICAL PARK II
92752 CORAL REEF DRIVE
MIPME, FLORIDA 33157
BURT SUGAREV N
B Y WILSHIRE HO UNIT 710, BLDG 700, ASPEN ALPS S.
9000 SUNSET BLVD.
BEVERLY HIIIS, CALIFORNIA 90212
M4UREEN M. ROIN
1225 FESD•DDR ROAD UNIT 703, I 700, ASPEN ALPS S.
WNNETKA, ILLINOIS 60093
MARXRIE FISQl1AN S HUSHAN
APT. 701 UNIT 701, BUN. 700, ASPEN ALPS S.
ASPEN ALPS CCNXIMI 1IUM5
ASPEN, CCICRADO 81611
JU1IN F. RID DELL
JOHN M.P. THAIC HER JR. LIIQTT 708, BLDG. 700, ASPEN ALPS S.
P.O. BOX 231
SEA ISLAND, GEORGIA 31561
B.S. STIIIIELL
MIL IAN M. STILL * UNIT 700, BIM. 700 ASPEN ALPS S.
8649 EAST WOCOIAND ROAD
TUCSCR, ARIZONA 85749 "
•` .a..v (.0 u..0 JJ
- ..4R1EF LEGAL DESCRIPTION
JOSEPH C. HARRIS
UNIT 707, BLDG 700, ASPEN ALPS S.
NANCY M. HARRIS p
• 386 SCUIH MISSISSIPPI RIVER BLVD.
ST. PAUL, MINNESOTA 55101
MID- CGNIINENT RESOURCES, INC. UNIT 706, BLDG. 700, ASPEN ALPS S.
C/0 ROBERT IEIANEY
DRAWER 790
QFN4DCD SPRINGS, C(LCCRADO 81601
JAMES M. TROTTER, III UNIT 702, BLDG. 700, ASPEN ALPS S.
5414 BEL AIRE DRIVE
NEW CREAMS, LOUISIANA 70214
•
H.A. 1JORM>EFEW, JR. SPACE A, BLDG 700, ASPEN ALPS S.
5237 CEDAR CREEK DRIVE
HQJSTLt4, TEXAS 77056
JtI1N H. FIGI JR. UNIT 705, BLDG. 700, ASPEN ALPS S.
M&I
MARSHALL & ISLET BANG
901 SCU1H ADAMS AVENUE
MARSHFIELD, WISOCQSIN 54449
HERBERT M. (EIFAND UNIT 704, BLDG. 700, ASPEN ALPS S.
9171 WI SHIRE BLVD. SUITE 610
BEVERLY HILLS, CALIFORNIA 90210
GUIIIERFOOSUNA APT 15, ASPEN ALPS VEST
DORIS C16UNA
234 PARK AVENUE
LEL RIO, TEXAS 78840
MYV)D SIEWART APES 2,11, ASPEN ALPS VEST
C/0 FOLD BRANCH CFFICE PARK
11931 WICa¢ESIER LANE, SUITE 302
H3USIDN, TEXAS 77043
SHIRLEY TAYLOR APT 16, ASPN ALPS FEST
14-LAZY T RANCH
BUSBY, MONTANA 59016
JO6EPI1 T. V1DE5<A APT 4, ASPEN ALPS VEST
1250 MAJESTY •
DALLAS, TEXAS 78247
REAL P[ZCPFRTTES, LTD. APT 1, ASPEN ALPS WEST
MATERHORM4 PROPERTIES, LTD.
BEAR PROPEZTIES, LTD.
7251 -1( GAITEN (ROVE BLVD. •
GAMIN GROVE, CALIFORNIA 92641
LILIA F. LPL APT. 8, ASPEN ALPS WEST
APARIADO POSTAL, 31-9
Q1AD4IATARA JALISCO, MEXICO 45050
JADE PARIS
API. 5, ASPEN ALPS VEST
NO. 3615 .
2021 SANTA MNICA BI1ZVARD
SANTA MONICA, CBLThfl* fA'90406 ' ' `
, mnlcr LEGAL DESCRIPTION
1'
•ROBERT E. FOLER APT. 7, ASPEN ALPS WEST
4837 PRICEY PEAR LANE
SCOITSDAIE, ARIZONA 85253
ALVIN EWORMAN APT 14, ASPEN ALPS WEST
645 FIFTH AVENUE
NEW YORK CITY, NEW YORK 10022
BASLO UNIT 10, ASPEN ALPS WEST
C/0 ERCO, INC.
1109 MAIN STREET
BOISE, IDAHO 83702
RONYRA REALTY N.V. UNIT 6, ASPEN ALPS WEST
III EIM STREET
SAN DIE0O, CALIFORNIA 92101
DELIASON, INC. APT. 9, ASPEN ALPS WEST
C/0 FRED S. MONISM
P.O. BOX 190
CCLINI, CALIFORNIA 92324
MULDRIE S. RHCOES APT. 13, ASPEN ALPS WEST
1401 AVOCADO AVENl1E
NEWPORT BEACH, CALIFORNIA 92660
CCNSIAN]CE HARVEY APT. 12, ASPEN ALPS WEST
C/0 ROBERT l F, ESQ.
C/0 JOSEPH KATZ
200 PARK AVENUE
NEW YORK CITY, NEW YORK 10166
ASPEN OAS, . ASPEN CHANCE SUB. LOIS 1,2,3,5,7
RED OAK CF COLORADO, INC. ASPEN CHANCE SUB. LOT 6
11255 NORTH TORREY PINES ROAD
IA JOIA, CALIFORNIA 92037
ASPEN] ALPS WEST CCNOCMII4AM•ASSOCIATICN
ASPEN ALPS SOUTH ODIUM ASSOCIATION
ASPEN ALPS C NDCMINIIM ASSOCIATION
DENVER RIO GRAND RAILROAD RIGHT OF WAYS
C/0 H.A. PHILLIPS, DiRMIL R CF REAL ESTATE
P.O. BOX 5482
DENVER, COLORADO 80217 •
ASPEN SKIING CO. ASPEN Ill/GAIN
P.O. BOX 1248 •
ASPEN, COARADO 81612
•
•
'NRIEF LEGAL DESCRIPTION
UNITED STATES IEPARDENT Q' ACIRIORURE WI TE RIVER NATIONAL BEST
FOREST SERVICE f1D.DINING ASPEN MQBiWADI
806 W. HAI.AM STREET
ASPEN, COLORADO 81611
UNITED STATE IEPARM NT OF INTERIM ANY AND ALL LANDS ADJOINING MINING
BUREAU OF LAND MANAGEMrENT CLAIMS
50629 HIWAY 6 6 24
QEM CD SPRINGS, COLORADO 81601
L. RQMNN DRAKE UNIT 301, BLDG. A, ASPEN ALPS S.
ROMAN L. DRAKE
JOAN F. DRAKE
85 MARLAND ROD SOUTH
COLORADO SPRINGS, COLORADO 80909
HERBERT J. WINTER UNIT 302, BLDG A. ASPEN ALPS S.
3321 S. PULASKI ROAD
CHICAGO, ILLINOIS 60623
JERO E A. KAPLAN UNIT 303, BLDG. A, ASPEN ALPS S.
SUITE 403
6001 MxNROSE ROAD
ROCKVIIIE, MARYLAND 20852
A. RICHARD BERMAN UNIT 304, BLDG. A ASPEN ALPS S.
RICHARD FREEDMAN
GARY FREEDMAN
DMNA FREEMAN
336 S. ELM DRIVE
BEVERLY HILLS, CALIFORNIA 90213
JOHN W. RHEA, JR. UNIT 305, BLDG. A, ASPEN ALPS S.
ROSEMARY T. RHEA
4000 LEXINGTON
DALLAS, TEXAS 75205
SAXON PAINT AND TOME CARE CENTERS, INC. UNIT 306, BLDG. A, ASPEN ALPS S.
3840 WEST FULLERTCN AVENUE
CHICAGO, ILLINOIS 60647
DR. SHERLING T. EALBRICELIA UNIT 307, BLDG. A, ASPEN ALPS S.
200 TWIN OAKS DRIVE
RA JAND, LOUISIANA 70394
DO.OIES HORWITZ UNIT 308, &DG. A, ASPEN ALPS S.
1045 % ERIDAN ROAD .
WIMEEIKA, ILLINOIS 60093
KENT W. SEMEN unrs 8, 9, ASPEN ALPS
JOAN G. SHO EEN UNIT 16, ASPEN ALPS •
13 SOUTH 7th STREET
GENEVA, ILLINOIS 60134
DCN M. SIMr7CNECK UNIT 11, ASPEN ALPS
741 WEST CREEKSICE DRIVE
IONSION, TEXAS 77024
•
*pBR1EF LEGAL DESCRIPTION
We. C. SILVERSIEIN UNIT 4, ASPEN ALPS
JO ANN SILVERSIEIN
325 EAST 79th STREET N3. 6B
•
NEW YORK CITY, NEW YORK 10021
MAX J. PINCUS
1780 1W14 0 COURT UNIT 7, ASPEN ALPS
BLOCMFIEU) HILLS, MICHIGAN 48013
1U4N & COUNTRY BANK UNIT 1, ASPEN ALPS
DBA ALLIED BANK MEMORIAL
P.O. BOX 19372
HOUSTON, 'TEXAS 77224
BARBARA MORRIS
• 924 FRANKLIN AVENUE UNIT 2, ASPEN ALPS
RIVER FOREST, ILLINOIS 60305
LOUIS MARCUS
601 OID CROSSING DRIVE UNIT 13, ASPEN AL'S
BALTDORE, MARYLAND 21208
DR. DAVID M.D. IQ AMflI UNIT 3, ASPEN ALPS
3005 EAST 16th AVENUE
NEXT MEDICAL PLAZA SUITE 303
DENVER, COLORADO 80206
THRIDE S. IDISON UNIT 17, ASPEN ALPS
P.O. BOX 456
NORTH PLATTE, NEBRASKA 69101
DR. R. VERNON M.D. COLPITFS UNIT 15, ASPEN ALPS
SUITE 480
7515 SOUTH MAIN
HCUSTCt9, TEAS 77030
ALEXANDER B. STATER UNIT 12, ASPEN ALPS
P.O. BOX 491
LOCUST VALLEY
LONG ISLAND, NEW YORK 11560
•
LANE N. MELT7FR UNIT 6, ASPEN ALPS
316 SOUTH RMPART STREET
NEW ORLEANS, LOUISIANA 70112
DAVID FAIN
RUTH FAIN • UNIT 10, ASPEN ALPS
C/0 ASPEN ALPS
P.O. BOX 1228
ASPEN, =RAD0 81612
A S L RANCH • 1W0 THOUSAND CHESSMAN UNIT 14, ASPEN AIDS
2000 EAST 12th. AVENUE
DENVER, COLORADO 80206
•
1
ITKIN COUNTY TITLE, Inc.
The Insurance Company
801 E. Hopkins •
Aspen. Cokorado 81811
(303)925 -1766
•
EXHIBIT "A" LEGAL 1FS(RIPTICN
MEG. AT A P1. UN LINE 4 -5, M. 8. ^
M
Nu. 3881 Am LITTLE NELL, U€ING 8. 43 U
?8'a4" 0. 70.00 FT. FROM CUR. N0, 4
M. S, NO. 3661 AM LITTLE NELL
A t.U. 5 Rt -kUU IN PLACE), TH. S. 43
28' 40" '. 136.b/6 H. ALONG LINE
4 -5 M.S. a38b1AM LIIILE NELL TO CUR. S
MINERAL SURVEY WO. 3881 Art, T11. 845
3h'4 197.73 F1, ALONG LINE 5 -1 MINERAL
SUk'FY No. iL81 AM TO THE COMPROMISE
LINE 'v)IH rHt "MILLIONAIRE" (MINERAL
SURVEY '111. 3020 AM), 1H. S14 30'W A,
397.65 FT. ALONG THE CUMPNUMISL LINE
10 A POINT Oh I ' WITH LINE
1 -, t'INtr!AL tURVEY N0. 3081 AM K LINE
4 -1 MLNtk AI SURVEY NU. 133U "CHANCE"
IH. 045 uo'L b12.80 FI. ALONG LINE 1 -4
14Jt'JEIAI_ SUkvtY NO. 1830 "CHANCE ",
1H. h43 u6'1 205.47 FT. 10 THE POINT
OF HLUINfi1 JG, CONTAINING 2.324 ACRES
MORE OR LESS.
tsUur 248 PAGt N1
HUflh 321, PAGE 930.0
HOOK 3 ?1, PAGE 979.
O0OK 330, }AGE 946. �.
LISb AN CASEMENT FUR PARKING MOTOR
VEIHICLE° APPUWIENANT Tu lilt 0.326
ALIiE TNALT UtSC. IN UUOK 284, PAGE 894
SAID LASEMhNI COVERING A TRACT OF
LAIJO 1M SEC. 18 -10 -84 W. 61H. P.M.
RUNG PART OF 1HE LITTLE NELL l'
MINING CLAIM MS
3881 AM uESC. *
H1 M /U, CONTAINING b29 SWUAREr
FEET,.M /L 6FL
OLEO IN BOOK 330,
PAGE 945, bEtoEU TO
H. A. 13UHNLFtLU, JN. AND GEORGE P.
ftIICHELL. ---- Z
all 'iNWOK 3 ?4, r'AGE SUS, .ANU
HONK 324, I'At,E 496. <.
CCONTE OF PT11CRT, • z 4:
STATE OF CCLC((ADO. a
4
4 � a
VERIFICATION OF APPLICATION
I, GAARD MOSES, as owner of the property described on
attached Exhibit "A ", submit this Application for Rezoning
and verify the truth and accuracy of the representations set
forth herein.
IR
GAA's MOSES
ASPEN /PITRIN PLANNING OFFICE
130 S. Galena Street
Aspen, CO 81611
(303, 925 -2020
Date: Pit /fl /98D
I�IbUi
. � C1 K_-
/ I ,(Yl) Mil _
RE: 1 l ;.1. fl'Tb - % a � o ,
Dear • I' /L .
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have determined
that your application IS NOT complete.
Additional items required include:
Disclosure of Ownership (one copy only needed)
• Adjacent Property Owners List /Envelopes /Postage (one copy)
Additional copies of entire application
Authorization by owner for representative to sutmit applica-
tion
Response to list of items (attached /below) demonstrating
compliance with the applicable policies and regulations of the
Code, or other specific materials
A check in the amount of $
A. Your application i complete and we have scheduled it for
review by the 4 on 7F73. 2 ) / /9/r - . We will
call you if we need any additional information prior to that
date. Several days prior to your hearing, we will call and
make ailable a copy of the memorandum.. Please note that it
IS 2T your responsibility to post your property with a
sign, which we can provide you for a $3.00 fee.
B. Your application is incomplete, we have not scheduled it
review at this time. When we receive the materials we have
requested, we will place you on the next available agenda.
If you have any questions, please call Citnn JJ uL
the planner assigned to your case.
Sincerely,
ASPEN /PITEIN PLANNING OFFICE