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HomeMy WebLinkAboutcoa.lu.rz.Moses.44A-86ME65- �gwttj� 2�344P-X-Ot-'�- Lot-S�- c I RI ZI I ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street , /� �� Aspen Colorado 81611 (�/ (303)925-2020 4 LAND USE APPLICATION FEES City 00113 - 63721 - 47331 - 52100 GMP/CONCEPTUAL - 63722 - 47332 - 52100 GMP/PRELIMINARY - 63723 - 47333 - 52100 GMP/FINAL - 63724 - 47341 - 52100 SUB/CONCEPTUAL - 63725 - 47342 - 52100 SUB/PRELIMINARY - 63726 - 47343 - 52100 SUB/FINAL - 63727 - 47350 - 52100 ALL 2-STEP APPLICATIONS - 63728 - 47360 - 52100 ALL 1-STEP APPLICATIONS REFERRAL FEES: 00125 - 63730 - 47380 - 52100 ENVIRONMENTAL HEALTH 00123 - 63730 - 47380 - 52100 HOUSING 00115 - 63730 - 47380 - 52100 ENGINEERING SUB -TOTAL County 00113 - 63711 - 47331 - 52200 GMP/GENERAL - 63712 - 47332 - 52200 GMP/DETAILED - 63713 - 47333 - 52200 GMP/FINAL - 63714 - 47341 - 52200 SUB/GENERAL - 63715 - 47342 - 52200 SUB/DETAILED - 63716 - 47343 - 52200 SUB/FINAL - 63717 - 47350 - 52200 ALL 2-STEP APPLICATIONS - 63718 - 47360 - 52200 ALL 1-STEP APPLICATIONS REFERRAL FEES: 00125 - 63730 - 47380 - 52200 ENVIRONMENTAL HEALTH 00123 - 63730 - 47380 - 52200 HOUSING 00113 - 63731 - 09000 - 52200 ENVIRONMENTAL COORD. 00113 - 63732 - 09000 - 52200 ENGINEERING SUB -TOTAL PLANNING OFFICE SALES 00113 - 63061 - 09000 - 52200 COUNTY CODE - 63063 - 09000 - 52200 ALMANAC - 63062 - 09000 - 00000 COMP. PLAN - 63066 - 09000 - 00000 COPY FEES - 63069 - 09000 - OTHER Name: Address: Check # Additional Billing: SUB -TOTAL TOTAL Phone: no- kn�h Date: # of Hours: - BOOK -+ N N � -ors z v, ae r= LIMITED POWER OF ATTORNEY > O r < -� STATE OF COLORADO ) ss. am* COUNTY OF PITKIN ) 4a 1 Lri 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 appoint GIDEON I. KAUFMAN true and lawful attorney for me and in my name, place and stead for my sole use and benefit to 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 hold my attorney -in -fact harmless from any and all liability to me or my estate as a result of exercising the power and authority hereby conferred. Third parties may rely on the representations of my attorney -in -fact as to all matters relating to any power granted my attorney -in -fact hereunder, and no person who may 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 July 1, 1987. ! ,r GAARD KINS MOSES 4/k/a GAARD MbSES foregoing instrument was acknowledged before me this of March, 1987, by GAARD HOPKINS MOSES a/k/a GAARD WITNESS my hand and official seal. My commission expires: 7�o/8 may,. Moses poa/FORMS Recorded it o'dockimm 7 41 �- -, Reception No �-`� � -7 BOOR �4C1 Pa,�18 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. 0 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 B GIDEPN I. KAUFMAN, as attorney -in -fact CITY OF ASPEN, a municipal corporation By : G�ihL< WILLIAM L.4STIRLING I) Mayor I. KATHRYN S. KOCH, do hereby certify that the foregoing $,tatement of Exception from the Full Subdivision Process for �t0 A?�rpose of Subdividing the Moses Property, Aspen, � Co'1'orae ,% was considered and approved by the Aspen City Council, z?nd that the Mayor, William L. Stirling, was 1°jizecl to execute the same on behalf of the City of A AS TO RM: PAUL J. TAD UNE, City Attorney STATE OF COLORADO COUNTY OF ss. THRYN 9. KO -CH, City Clerk h�yj) The forego• in rument was acknowledged before me this day of Ile , 1987, by GIDEON I. KAUFMAN as ,�,.......,.attorney-in-fac on behalf of GAARD HOPKINS MOSES. f o' lV • '. WITNESS my hand and official seal. ;,�. .. M commission expires: : r ;# Y P MY COMMIssion Expires rebruary_ 19, 1989 cr`j ary IruBlib (ADDITIONAL ACKNOWLEDGMENT ON FOLLOWING PAGE) - 2 - • 6 Rom 540 PAGE188 STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of t,&, , 1987, by William L. Stirling, as Mayor, and Kath yn S. Koch as City Clerk of the CITY OF ASPEN, a municipal corporation. WITNESS my hand and official seal. 1�A`1, !O Jr` P°-� i ! :;=:,rep 9/97/i►di.. _t,,;�:� ,ld, - My commission expires: •Y r4n N ary Publ c ��7\ n� moses ex stmt/RLEST5 - 3 - • 0 Ueox 0� Nact 189 EXHIBIT A LEGAL DESCRIPTION A tract of land situated in section 18, township 10 south, range 84 west of the sixth principal meridian, being part of the Little Nell Mining claim MS 3881 AM described as follows: Beginning at corner number 5 MS 3881 AM (Little Nell) thence N 43 28144"E 136.76 feet: Thence S43 28144"E 203.47 feet to line 1-4 MS 1830 AM (CHANCE): Thence S45 00100"W 297.01 feet along line 1-4 MS 1830 AM (CHANCE): Thence N05 19134"W 259.54 feet to the point of beginning. E CASELOAD S' ,MI4,ARY : H HET City o.: Aspen}+—� 5�"( i; _1) �( i DATE RECEIVED: ;C �� , % , ., � *E NO. DATE RECEIVED COMPLETE: �����$�° STAFF : PROJECT NAME : PPL ICANT: Applicant Address/Phonq: to V&��- REPRES EN TAT IV E- Representative P: dress/Phone: Type of Application: I. GMP/Subdivision/PUD 1. Conceptual Submission 20 $2,730.00 2. Preliminary Plat 12 1,6 40 .00 3. Final Plat 6 820.00 II. Subdivision/PUD I : -Ce-rice-pt ual 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 CC MEETING DATE: PUBLIC' HEPING YES NO DATE REFERRED: �. ��� �� t'�'L. INITIALS:I�---- ---------------------------------------------------------------------- ----------------------------------------------------------------------- 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 Statefiwy Dept (Gr.Jtn) City Electric Fire Marshall Z Bldg: Zoning/Inspectn Envir. Hlth. Fire Chief Other: Roaring Fork Transit Roaring Fork Energy Center INAL ROUTING: DATE ROUTED: "�C,� INITIAL NITIAL City Atty City Engineer V/ Building Dept. Other: - FILE STATUS AND LOCATION: Oth er : • 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 PUD 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 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 L' 0 a rd A t ::stricts and land use in the vicinity of the site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE I CITY OF ASPEN, COLORADO: 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 • 0 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 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 A 84 NE 4= Sc tY bE 0 in Attachment 1 Legal Description a by ;,tract of land situated in Section 18, Township 10 South, Range 34 West of the Sixth Principal Meridian, being part of the Little Of .,:ell Mining Claim MS 3881 AM described as follows: Beginning at corner no. 5 MS 3881 (Little Nell) thence North 43o28144" 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. • VICINITY MAP -f v--at-e-t2 Few G r( TAW, Mn P'S Attachment 1 -�S HD1dW IT•7 S VOW 1 M -- bm - !I—,w7A " Mw, o ; J fly 1' Attachment 2 cv v ♦ ` _i J � = 1 4o 1 � Attachment 4 September 13, 1985 To Whom It May Concern: 710 East Durant Street Aspen, Colorado 81611 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. i 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 TO: Aspen City Council 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 mately 2,800 s.f. in size. Tr is Gaard Moses' residence. workshop including a kitchen structure on the east side of ture on the west side of the duplex. east side of the site is approxi- upstairs portion of the structure The downstairs contains a studio and bathroom. Technically, the the site is a duplex. The struc- site contains 1,700 s.f. and is a 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, 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 RECONNENDATION 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 9 • 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. A 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 (:�>_ (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 �RwATE AGG�SS £ASEMCNT F=OQ \ LO Zo3 .47' -f 9s. 3 A L i 8O N;\ o�cx 1 1 \ '1- 1h 1e, oJk-- W OOD .4-0-SG P42��J G1 O i` i�LE1, � OG id �II SHED 'j�JU yOL�( W000 �\ 41oJS� LOT 2� 0.398ACRES \ b\ h� i �\ S I • ; / LOT I �' 0.602" ACRES 3 �3 Iz- v 0 c v s. 10 PRUvnTe- J� � uc�or�RGROUNO � i IiTILICY EASEML-_NT \ FOR LOT Z \ I Attachment 5 F 4L3tW / s PUBLIC NOTICE RE: MOSES REZONING AND SUBDIVISION EXCEPTION P. JAN 12 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 RE: MOSES REZONING AMD SUBDIVISION EXCEPTI( 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/Pit-kin 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 JAN 2 7 198T RE: DOSES REZONING AND SUBDIVISION 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. s1C. Welton Anderson Chairperson, Aspen Planning and Zoning Commission • Published in the Aspen Times on December 24, 1986. City of Aspen Account. L, r, � EawFFh • J .EMI 6 !987 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. s1C. Welton Anderson Chairperson, Aspen Planning and Zoning Commission Published in the Aspen Times on December 24, 1986. City of Aspen Account. t r 4 PUBLIC NOTICE RE: !LOSES REZONING AND SUBDIVISION EXCE 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. 0 ' V6006/87 RETURN TO MOVED LEFT NO ADDRESS Real Properties, Ltd. 2boro pzopertieo, Ltd. opertien, Ltd. carden Grove blvd. `^^-1�����o Grove, CA 92641 �ijlining Uific is 9 A U T H 0 r, I Z'Z D T IME7 C'P F C HAS EXPIREU. MOtyl -!i�,47-9996 Josepl. Verdesca 125 Majesty D;�Ias, TX 78247 ----~ Planning _— / . �, ` �USA u,00z*�, 130� —^ "~ ate �� KRA 05 3AD41 / . 01/03/87 '-422 RETURN TO SENDER NO FORNARDINC ORDER ON FILE UNABLE TO FORNARD Dr. Duviu Kruouiob 3005 E. 16tb Ave. Mercy Medical Plaza, Suite 303 Denver, CO 80206 RETUN TO SENDER, 17, d.O .. S. C3 Moved, left no address O No such number O Move! ;ct LtiJ6/ I Kv r EZ Wd J .Dn Ronyra lct.;alty N.V. 111 Elm St. San Diego, CA 92101 tl,l,,,►l,l,„IIII,,,,,,Ill,,,lt ��wrmii ipi�•«� ,; _ .. / %� , , �� � ^ j C .,,"��� .was.-�"'Y.�.�` ; _ ,'.^-•4-� s ,7 Is n/Pfkin Planning Offic 1e 3. AIM, ca 81811 U.S. Dept. of Interior Bureau of La:.d Management 50629 Hwy. 6 & ;,-4 Glenwood Springs, CO 81601 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 N 0 Cl "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: iY 1) Compatibility of the rezoning proposal with the c:;)rre -rT�-_> surrounding zone districts and land use in the vicinity 1x remouecA of the site, considering t.bc! existing neighborhood pr:,,r !o(�o/ti��rt..u� characteristics, the applicable area and bulk require- ments, and the suitability of the site for development. Sec_on.� �'r►,`n in terms of on -site characteristics. Plot or 2) Impacts of the rezoning upon expected traffic genera- tion and road safety, availability of on and off-street pCrwL tamer parking and ability to provide utility service in the �`� `%%(- vicinity of the site, including an assessment of the Cow.�S. fiscal impactupon 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 �oy„b�r J y'r,`hc5 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&Z 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 L) �+ 1�' Gr 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. 3) The applicant shall remove the:existing shed on Lot 1 which encroaches into the side yard setback prior to recordation of the final plat by the City. Removal of the shed must be inspected and confirmed by the City Zoning Officer. f °y 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 reconstructi 1 also be subject to 8040 Greenline review ncv+, f� Aspen 1 s c&40` 0 � 6) The applicant shall commit to prepare a water connec- fL,� tion plan for review in conjunction with City Council 0� \J' action and connect to the City water system prior to ),Je5(.� recordation of the subdivision exception plat. \_a,�" GH.003 • 9 VICINITY MAP -ro-Ace-o Few C-m( f4wl N14P5 Attachment 1 .f �3s yw N N � 1 ♦ ul a j Lr ` .a ' v i N ONO All, 1 ' N l 6 _ _ o R- t�1 m ` 1 If , N VA I 1 N Attachment 2 mom i 1 � aft --oft low 'A \ �I c8069.1 \ t arty \ 8040 so50 — N'i X4. -� �• At achment 3 _ty Boun x--- �`L'Ci , I ► I I , 808 �8120— '. � •+,.1� \ �= _�_ -_lag o-- � IEO Attachment 4 September 13, 1985 To Whom It May Concern: 710 East Durant Street Aspen, Colorado 81611 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 aRcVATC AGGESS E A.S�MCNT YOQ _ LO -/ '71 Al O N h,0 \n OJe �7fv � J v W000 HvaJSL ,'n E� O \ ill O � SNep �„✓o yoc�( vJoov LOT 2 do NoJS� 0.398ACRES \ \ b\ h� 'x \ a\ \ ./ LOT I i� 0.602 ACRES i�. 7 70 v 0 � v \L S_ �7 O \ / 10 PRIVATE J UNOf`_RGROUNO l-iTll_I�Y EASE MI-=NT FOR LOT Z Attachment 5 U MEMORANDUM To: Aspen City Council From: Glenn Horn- Assistant Planning Director(O.0 Thru: Robert Anderson- City Manager ` F'E: 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 Aspen Alps and east of the new gondola. 'since 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. At the time of the public hearing a revised memorand— um will be distributed. It is recommended that the CityC:ouncil approve on first reading the attached ordinance which rezones approximately one acre of I and I ocated south of the Aspen Al ps and east of the gondol a f rom C Aconservation} to R-1S {residential}- ity Manager Comments 9 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 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 E 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 %i,C Cir-y 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 0 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 43028144" 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 05019134" 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. r 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. JH/co/MosesLotSplit VICINITY MAP -f2.AC.tf7 Lrrf -fAX MAPS • TO: FROM: RE: DATE: MEMORANDUM City Attorney City Engineer Zoning Official Glenn Horn, Planning Office Moses Rezoning and Subdivision Exception 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 HYMAN AVENUE, SUITE 305 ASPEN. COLORADO 81611 GIDEON I. KAUFMAN October 23, 1986 TELEPHONE DAVID G. EISENSTEIN 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 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 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 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. V)1 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 By 0/y Gideo Kaufman GK/bw Enclosures .16 0 0 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 U day of Pgc4.•,5&4 , 1986. Respectfully Submitted, LAW OFFICES OF GIDEON I. KAUFMAN, P.C. By J� Gide Y Kaufman moses lotsplit/LOTSPL - 2 - i • LAW OFFICES GIDEON I. KAUFMAN A PROFESSIONAL CORPORATION BOX 10001 315 EAST HYMAN AVENUE, SUITE 305 ASPEN. COLORADO 81611 GIDEON I. KAUFMAN December 9, 1986 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: TELEPHONE AREA CODE 303 925-8166 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 look forward to discussing this with you and having it placed on as early an agenda 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 �e%ssional Corporation By l / GK/bw G' eon Kaufman cc: Gaard Moses • � C4 t k�� ;�I aspen, eo r do 81611 I A G E N D A Re ASPEN BOARD OF ADJUSTMENT February 12, 1961 4 : G 0 PP1 City Council Chambers I. APPROVAL OF MINUTES II. NEW BUSINESS Case No. 80-15 Marcia Gray 7 03. North 3rd Street II1. COMMITTEE COMMENTS IV. ADJOURN luny. .S, 107g MOBILE HOME "ARK, '►J'& Z..5 .fie Stock oubmitted to Council the current mo:,il.0 home code and utate health standards, which Ila hone park are minimum stancards. These apply unle.,.s the City':: Cody is more restrictivv; in most .ilatlona cases the City':: Cock is not rl�re' restri.ctivo. Stock told Council the County has hired a consultant to hcalp them write a'mobi.le home code, which was also submitted to Council. Stock requet.ted authority to hropare it document modeled on the County proposnl to be brought back for consideration. Mayor i:,Icl said ):.. found the County ordinance terribly restrictive. Jolene Vrchota, planning office, told Council there are three Sets of regulations for ' park owners. The first set of standards is to be met in the first year, and those are the least restrictive. The second set is to be met within S years to bring them sliyhtly ' above minimum health and safety standards, and does include some aesthetic standards. - The third set of standards, %idol, includes the density of 4 units per acre, is strictly for expansion and new mobile honi; parks. Councilman Isaac moved to have Stock 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 cast of the Aspen Alps. 'The property currently has two single family dwellings and a Homo house it {a +n the lenents fora one sing r7:r4-tots The property s one acre In size, and under zoning it would allow for one single family house. This property is considered to be a non -conforming use, and consider the two units to be legal. lie could not currently build them now. Stock told Council Moses began construction of an addition in 1977, which is a stage in lower level, and second level an art studio. Moses did this without getting a bui ng permit and wit out obtaining 8040 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 & Z of changing that area into employee housing. Stock objected because if you have the right to 1 unit and go to 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 recuirements. Moses outlined the three points; (1) removal; (2) retain approximately 400. feet, which would be ripped 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 tinits. 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 hot, 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 agreod he did not feel Moses' house was an appropriate place to put employee housing. Councilman Isaac said he felt Moses should pay clouble 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 down; it is nicely done. Mayor Edel said he would like to get Moses go after rezoning. Mayor Edel said although he would not like to have Moses rip down 1/3 of his house there are laws and statutes. Stock, suggested the alternative of Moses 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. Councilmembers Parry, Isaac, and Mayor Edel in. favor; Councilinember's Michael and Collins opposed. Motion carried. ORDINA?JCF. R41, 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, and the City has been asked oil numerous occasions to enforce I7 thaft that ordinance. The City has nu ,,;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 -telling the people they are not paying for cable. They will reinspect in t%,v ;,reeks; if it has been reconnected, Canyon Cable can come in and sign a -complaint and take the pC'oplr• to Court. Councilman Isaac asked why the City should got involved. Stock told Council this is not an unusual request from cable companies. Councilwoman Michael moved to read Ordinance 941, Series of 1979; seconded by Councilman Parry. All in favor, noti. .•rimed. Board of Adjustment October 9, 1980 RECORD OF PROCEEDINGS 100 Leaves FORM %. C. F. RMCKfI B. R.. L. C.I. ----- 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 commentL Whitaker first wanted to say that it was not his impression that several meembers of the board could 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 fami_y 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 of the ground floor. It was way beyond that. It was also admitted by Moses that the second structui 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 memebers 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 dial reflect that a site inspection was made, they did not say that the Board members were the ones who inspected it. }}e thought that should be included also. Fred Smith seconded the motion, all in favor. Motion carried. FORM y C. F. HW KF;_ �. 0.. 1. Co. 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 cit-�. Whitaker disagreed and thought the property she 1 be officially annexed before the application is pr messed 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 doesn't 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 has discovered that the applicant is not officially in the city, the Board is wondering if they should hear the caL;c . f URM Y C. F. NI Lcxr I. a. N.. L. Cn. RECORD OF PROCEEDINGS 100 Leaves Gruetter asked if that came up at the last meeting and Chairman Lavagnino said everyone had assumed that the annexation had taken place. Gruetter said the annex- ation agreement is sitting on Mayor Edel's desk and until that and the plat have been recorded, the annex- ation is not official. He also said that he thought the purpose of the meeting today was to loot: 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 lire 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, he 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 Lavagnino 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. Robin R. Berry, Secretary 2! 506 east main street; aspen • colorado ©1611 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, U.S.M.S. # 18309 R.F. Mining District also known • as 800 Aspen Alps Drive, since the January 1, 197S assessment. Those structures which were in place at that time, even though one has been added to, are both in place at this date. jpectfullly submitted W rre J. Conner • Deputy County Assessor Court House Aspen, Colorado 1 1 GAARD'S GRA IIICS ' Box 2388 Aspen, Colo. 81611 •f L4,, L/ --� �. 1. 11 not be represented by counsel. BY Remo Lavapnino, Chairman • hV SuSari' .Tnhncnn Tlnn.itt► (`i+�� h1 e+„L • • AVPTnAX7T'P 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 ER STATE OF COLORADO ) ss. COUNTY OF PITKIN ) Subscribed and sworn to before me this day of , 1986, by JESSE GRABER. WITNESS my hand and official seal. My commission expires: S �� Notary Public graber aff/DAILY2 r T d`PITKIN COUNTY TITLE, Inc. _ .RICH LUHMAN ME= SQUARE LAW OFFICES 315 E. MW AVE. • ASPEN, COLBRADO 81611 Title Insurance Company 601 E. Hopkins Aspen, Colorado 81611 (303) 925-1766 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. NAIIE AND ADDRESS e��•o • • �1 •.*4 BORNEFELD, GEORGE P. mrTcHELL 5237 CEDAR CREEK DR M P'VUSrON,111 • 1 . DAVID R. FDGERTCK BETTY G. AMOS SUITE 107, CORAL REg HMICAL PARK II 92752 CORAL REEF DRIVE MLW, n0RIDA 33157 11•4 . • ly 1-•.. •1r A" ••• i �.l••• ••••1 1 1 • .••- MARJCRIE FLSAa " MISHAN AFT. 701 ASPEN. ALPS Cavammm ; ASPEN, COLU DO 81611 JOHN F.'RMDEIL JOHN M.P.`VATUiER JR. P.O. BOX 231 SEA LQAID, GDOR3GIA 31561. B.S. STHJJq [L, GIILIAN M. STIIZI'F!y 8649 FAST WCX x" BRIEF LEGAL DESCRIPTION UNIT 709, SM. 700, ASPEN ALPS S. IWIT 710, B DG 700, ASPEN ALPS S. INIT 700, BLDG..700 ASPEN ALPS S. �sRlLE LEGAL DESCRIPTION JOSEPH C. HAMS NANCY M. HARRIS 386 SOUTH MISSISSIPPI RIVER BLVD. Sr. PAUL, MIN ESOTA 55101 ••� y.. !► •• •• • 1• .- JMES M. TROTIFR, III 5414 BEL HIRE DRIVE NEW ORLEANS, U7UISIANA 70214 H.A. BORR D, JR. 5237 CEDAR CREEK DRIVE HQJSICN, TEXAS 77056 JCHN H. FIGI JR. M6I MARSHALL & ISLEY BANK 901 SOUTH ADAMS AVENUE MARSHFIELD, WISCONSIN 54449 HERBERT M. GELFAND WILSHIRE BLVD. SUITE 610 ia ERr• GUILUOU OSLVA DORISOSUNA 234 PARK AVERE DEL RIO, TEXAS MAC O S EWART C/O WOOD BRANCH OFFICE PARK 11931 WlClU ESIIR LANE, SUITE 302 WEION, TEXAS 77043 SHIRIEY TAUM W -IAZY T RANCH . BUSBY, M IANA 59016 30SEPH T. VERDESCA 1250 M A.ESIY WIlAS, TEXAS 78247 REAL PROPERTIES,-.m , WIRN PR(PER=, �I.TD." BEAR PANES;' 7251-K GAR>EN GROVE UD'- GARDEN GROVE, CKAFa NIA 92641 WIT �07, BLDG 700, ASPEN AIDS S. UNIT 706, EDG. 700, ASPEN ALPS S. UNIT 702, BLDG. 700, ASPEN ALPS S. SPACE A, BLDG 700, ASPEN ALPS S. UNIT 705, BLDG. 700, ASPEN ALPS S. UNIT 704, BLDG. 700, ASPEN ALPS S. APT 15, ASPEN ALPS WEST APTS 2,11, ASPEN AIDS WEST APT 16, ASPN ALPS. W Mr APT 4, ASPEN ALPS WEST LILIA F. HEZIPHIIL APT. 8, ASPEN AIDS WEST APARTADO POSTAL 31-9 a DAIAIARA JALI9CO3 MEXICO 45M JAIME PARIS APT. S, ASPEN RIPS WEST .NO. 3615 1r*Z,, 2021 SANTA MMA : st l 177:21�.N SW ` �KiLt LbAL DESCRIPTION i OBERT E. FUWUR 1• APT. 7,' ASPEN AIDS wEn 4837 PRICLY PEAR LANE SCQITSDAIE, ARIZCNA 85253 • ALVIN DWORIAN APT 14, ASPEN ALPS WEST 645 FIFTH AVENUE NEW YORK CITY, NEW YORK 10022 BASL 0 UNIT 10, ASPEN ALPS WEST C/O EBCO, INC. 1109 MAIN STREET BOISE, MAHO 83702 RCNYRA REALTY N.V. UNIT 6, ASPEN ALPS WEST I 1 I Ell•! STREET SAN DIE00, CALIFORNIA 92101 D©•IASON, INC. APT. 9, ASPEN ALPS WEST C/O FRED S . THC -fM P.O. BOX 190 CCLTON, CALIFORNIA 92324 MARJORIE S. RHO ES APT. 13, ASPEN Ain WEST 1401 AVOCADO AVENUE NEWPORT REACH, CALIFORNIA 92660 CONSTANCE HARVEY APT. 12, ASPEN ALPS WEST C/O ROBERT WOLF, ESQ. C/O JOSEPH KATZ 200 PARK AVENUE NEW YORK CITY, NEW YORK 10166 ASPEN QW4CE, INC. ASPEN CHAR SUB. LOTS 1,2,3,5,7 RED OAK OF OaLRADO, INC. 11255 NORTH • • •� a. ROAD LA JOUA, CALUUNIA • H.A. FtMLIPS,R;, • • CF REAL EMM P.O. BOX 54+82 ny E• •• •• • D• 80217 ASPENSKIRU •• P.O. BOX 1248 RAILROAD RIGW OF WAYS ASPEN M1L AIN .•u RIEF LEGAL DESCRIPTION UNITED SMUS IEPAREMENT OF i.[iITE RIM 1�lATIQIAL IF T a FOREST SERVICE 806 W. HALLAM STREET ASPEN, COLORADO 81611 UNITED STATE DEPARTMENT OF INTERIOR ANY AMID ALL LANDS ADJOINING MINING BUREAU OF LAND MANAGEI M CLAIM 50629 HIWAY 6 & 24 GLENWOOD SPRINGS, COUORADO 81601 L. RQMAN DRAM UNIT 301, BLDG. A, ASPEN ALPS S. RC(MAN L. DRAM JOAN F. DRAM 85 MARLADID ROAD SOITIIi CQARADO SPRINGS, COLMADO 80909 IERBERT J. WINTER UNIT 302, BUG A. ASPEN ALPS S. 3321 S. PUfASKI ROAD CHICAGO, IILINOIS 60623 JERO E A. KAPLAN UNIT 303, BLDG. A, ASPEN ALPS S. SUITE 403 6001 MWIR06E ROAD R(IC MILE, MARYIAND 20852 A. RICHARD BERMAN UNIT 304, BLDG. A ASPEN ALPS S. RICHARD FREEDMAN GARY FREELMN DONNA FREEDMAN 336 S. ELM DRIVE BEVERLY HILLS, CALUU041A 90213 JOHN T. RHEA A RHEA, EA RCSIZfARit UNIT 305, BLDG. A, ASPEN ALPS S. 4000 LEMOXN DALIAS, TEXAS 75205 SAXON PAINT AND HOME CARE CENIrRS, IAC. UNIT 306, FLDG. A,. -ASPEN ALPS S. 3840 WEST FULL RTON AVENUE CHICAGO, ILLINOIS 60647 DR. SHERLING T. LAURICELiA 200 TWIN OAM DRIVE UNIT 307, BLDG. A, ASPENALPSS. RAC;FIAND, laUTANA 70394 I C45 SH RIDAN RO 1(x5 SEIFRIDAN ROAD a UNIT 308, ZDG. A, ASPEN ALPS S. WINNE A, nLiNOIS 60093 KW W. M13EM- � UNITS 8, 9, ASPEN ALPS JC,14N G. S1��i _ 13 SOUTH 7th SKEET UNIT 16, ASPEN AIDS GENEVA, ILLINOIS 60134 DON M. SE ECdECK 741 WEST CF40CSIDE DRIVE UNIT 11, ASPEN AIDS HOUSTON, TEXAS 77024 _ ✓V" btt1EF LEGAL DESCRIPTION SAMJEL C. SILVERSTEIN UNIT 4, ASPEN ALPS JO A►NN SILVERSTEIN 325 FAST 79th STREET N0. 6B NEW YORK CITY, NEW YORK 10021 MAX J. PUKUS UNIT 7, ASPEN ALPS 1780 HAMS COURT BL.00I EE D HILLS, MICHIGAN 48013 TOWN b COUNTRY BANK UNIT 1, ASPEN ALPS DBA ALLIED BANK MEM RIAL P.O. BOO{ 19372 HOUSTON, TEXAS 77224 BARBARA MOMS UNIT 2, ASPEN ALPS 924 FRANKLIN AVENUE RIVER FOREST, III. WIS 60305 LOUIS MARQJS UNIT 13, ASPEN ALPS 601 C[D CROSSING DRIVE BALTUCEE, HUM" 21208 DR. DAVID M.D. KRAKLSH UNIT 3, ASPEN ALPS 3005 EAST 16th AVENUE MERCY M UCAL PLAZA SUITE 303 DE LAVER, COU RADO 80206 RKM S. EDISCN UNIT 17, ASPEN ALPS P.O. BOX 456 NORTH PLATTE, NEBRASKA 69101 DR. R. VERNON M.D. COLPITTS WIT 15, ASPEN ALPS SUITE 480 7515 SOUTH MAIN HWSIIN, =..AS 77030 ALEXANDER B. SLATER UNIT 12, ASPEN ALPS P.O. BOX 491 LOCUST VALLEY LONG ISLAM, NEW YORK 11560 LANE N. MELTZ R UNIT 6, ASPEN ALPS 316 SOUTH RMPART SIitFET NEW ORLEANS, LOUISIANA 70112 DAVID FAIN UNIT 10, ASPEN AIDS RUTH FAIN C/O ASPEN AIDS P.O. BCX 1228 ASPEN, COUFMO 81612 . A & L RANCH UNIT 14, ASPEN AIDS TWO lH9JSAAD CHESSMAN 2000 FAST 12th. AVENUE DENVER, CCWO ADO 80206 - 06KIN COUNTY TITLE, Inc. Tide Insurance Corr9iii 601 E. Hopldns Aspen, Colorado 81611 (303) 925.1766 r;i.yY4• hE:G. AT A I'1. UN LINE 4-5, M. 8* ,.r. NU. 3681 AR LI rTLE NtLL, t3EING 3. 43 U 28'U4" rj. 70.00 FT. FRUM CON. NO.' 4 M. b. 110. 3f3b1 AM LITTLE NELL A r:t). 5 KE-kU0 1N PLACE), TH. 5. 43 28' '44" rJ. l.5b.b7b F 1 . ALONG LINE 4-5 M.S. 038b l AM L I T I LE I•JELL TO CUR. 5 tAIIJI:kAL SUI<VLY IJU. 3881 AEI, TII. 545 Wr+ 197.73 Fl. ALUNti L111L 5-1 MINERAL SUI4Vf:Y Wo. Ats81 Ala TO THE COMNROMIbE L 111t ivI tH rHt "MILLIONAIKE" (NINkKAL SURVEY NU. Su2v AM), 111. S14 SU'W s47.65 FT. AL014G THE COI4PNUMISt LINL 10 A 1101ii1 Ol- 1NTtw5LLTIUN wifff LINE 1-e.1 t41PJtr1AL .Z.'UkVEY 140. 3081 AM R LINE 4-1 Nt 1NtkAL SURVEY NO. 1:33U "CHANGE" 1H. n,45 vU'L b/2.80 FT. ALONG LINE 1-4 MINtNAL Sul<VLY NU. 1830 "CHANCE", TH. N43 •+b'w 20S.47 Fr. TO THE POINT OF t1r_6INNING, CONTAINING 2.324 ACRES �tUl:t Of: LESS. BUUK eKh PAGt 81 IlU(IK 321, PAtE 'ldO.0 V,QOK 3? 1 , VAbt 979. BOOK 330, I✓AbE 94b. LE :ib Afl I.ASENFJV1 FUN PARKING MOTOR VEHICLtS AI'PUN I ENANT TU 1 tft 0.326 ALkk TRACT OtSC. IN tSUUK 284t PAGE 89d SAW EASF_V-fnNl CUVERING A TRACT OF LAIJU IN StC.118-10-84 W. 61H. P.M. HUNG _PANI Of rHE .LITTLE WELL MIIvIt4G CLAIM Mb 3881 AM UESC. H1 M/ti, CONTAINING 629 SQUARE fLET,.M/L 6FL DEED IN GOOK 330, PALE 945, UEtDEU TU H. A. 6(JNNLFtLU, JN; AND tsEOK6E P. ASEE %(J(jK 3?4 v`.'t'AGE Sv5, .ANU . 6040 iP4, PA.(iE..49b. , OQPTIY OF PrElm, STATE OF CC1j3 ADO. r� • 4RESaN r 8� r.,,7 10, aiM SHEET 2737- }.. ' SEE MINING CLAIM SH T 2737-182 ' • f ►OA •r•tna^<H;�..t•r�Iro•s.•S.I � IRt•v-.•v�nM � ' � Tnr DISTRICT 1 ••: t' •• ^' HH IT T T T T T.x DISTRICT LR -- —-04 _ A -�---T T T % I TAX DISTRICT I CA ASPEN CITY LIMIT ,I rim . . ..... ... ......... . 1 tlJ • l j +:A (: '+a CERTIFICATE OF NAILING I, hereby certity that on this .3� day of 198 ' , 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 as 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. /J Nancy et' It y v 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. s1C. Welton Anderson Chairperson, Aspen Planning and Zoning Commission Published in the Aspen Times on December 24, 1986. City of Aspen Account. �A a PUBLIC NOTICE RE: DOSES 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. s1C. Welton Anderson Chairperson, Aspen Planning and Zoning Commission Published in the Aspen Times on December 24, 1986. City of Aspen Account. a ., a 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: kEG. AT A P1. urI LINE 4-S. M. 3. fill. 3dµt Am L11TLE NLLL, de Ulf. S. 43 U 7A',14" r1. 10.011 F7. FNUM CON. NO. 4 ,�. 5. fill. 3901 AN LITTLE_ NtLL A rill, S I,E -kUO 114 PLALE), TH. S. 43 2h, 44" n. 13b.07b FI. ALONG LINE 4-5 N.;;. +3AblAM LIIILt NELL TU CUR. 5 I-IllEkAL bul(vtY II(), 3661 AEI, T11. $45. .Sh'r. 197.73 F1. ALUli I; L)r1E. 5-1 M1NLHAL bulIVE Y NU. St:81 AM TO THE COMPROMISE LIIt ,v1111 IHt "M1LLI1)1vAIHE" (NINEHAL S .:,VEY rill. SUd , AM) , 1 M. 514 3l1'N 597.1,5 FI. A L U I I G IIIE 1111AV UM15t L1Nt 10 A POINT 111 )N1tIt5LC1TUN W1111 LlNt 1-' V1NtKAL :u1(VET I10. 3091 AM R LINE 4-I MINENAL SIIHVEY IVU. 1330 "CHAIJLE" IH. N45 "I'L b/2.11U F1. ALONG LINE l-4 MI•"1t4AL 51114VtY NU. 183U "CHANCE•, Th. h4S 4r+''v 2113.47 Ff. Ill THE POINT OF it t;IN1,106, LONTAINING .).324 ACHES 1•I012t (IN LESS. 11hUn LAh PA6t 8 1 rN,ht. SO,I PAVE. YdO.0 I:UUK 3?l, PAlat 919. O1, tIK 35:1, PAGE 94h. Lt',S AM LASEIiFNI FUN VAkKING MOTOR Vt111AL;; Al'1•UkILMANT TU 111t 0.326 ALRt MALT NtAC. liv UUUK 2dA, PAGE 896 :iATU LA3F.t F'I C1IVLNI14G A IkACT OF LAUD IN btC. IA-10-d4 W. ATH. P,1S. IIE tr,1i PAH1 OF THE LITTLE HELL M1411, 1i LLAIM M, 3881 AM UE5C. Nt F+/n, Cuu7A11U rIG b;' SUUARE vLC1, M/L bFL VLEV llv HUUK 330, PAGE 945, UttULU Tll If. A, dUY.IvtFtLU, JH. ANU GE01tGE P. 1l! f CHILL. :AL -iIIIIK 3?4, PAGE SU5, ANU. HUUK 324, VAUE 49b. SWE CIF CIMaMM. N B " m • Li RICH LUHMAN WHEELER SQUARE LAW OFFICES 315 E. HYMAN AVE. ASPEN, COLORADO 81611 PITKIN COUNTY TITLE, Inc. Title Insurance Company 601 E. Hopkins Aspen, Colorado 81611 (303) 925-1766 DATE: OCTOBER 09, 1986 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 GAARD HOPKINS MOSES P.O.BOX 21 H.A. BORNEFELD, JR. GEORC£ P. MITCHELL, 5237 CEDAR CREEK DRIVE HOUSTON, TEXAS 77056 DAVID R. IDCERTON BETTY G. AMOS SUITE 107, CORAL REEF MEDICAL PARK II 92752 CORAL REEF DRIVE MIAMI, FLORIDA 33157 BURT SUGARMAN BEVERLY WILSHIRE HOTEL. 9000 SUNSET BLVD. BEVERLY HILLS, CALIFORNIA 90212 MAUREEN M. ROIN 1225 WESII.IOOR ROAD UNNE.'TKA, I LINOIS 60093 1 ASPEN/ i1aI ASPEN,/••1O 81611 JOHN F . RIDUaL JOHN M.P. THATCHER JR. P.O. BOX 231 SEA ISLAND, GEORGIA 31561 B.S. STIILWELL GILLIAN M. STIILWELL 8649 EAST WOOR" ROAD TUCSCN, ARIZOM 85749 BRIEF LEGAL DESCRIPTION / 1 :• 1 II :• II UNIT 709, BUG. 700, ASPEN ALPS S. UNIT 710, BLDG 700, ASPEN ALPS S. UNIT 703, BLDG. 700, ASPEN ALPS S. UNIT 701, BLDG. 700, ASPEN ALPS S. UNIT 708, BLDG. 700, ASPEN ALPS S. UNIT 700, BIX. 700 ASPEN ALPS S. K1Er' LEGAL DESCRIPTION . 1 JOSEPH C. HARRIS NANCY M. HARRIS 386 SOUTH MISSISSIPPI RIVER BLVD. ST. PAUL, MIINNESCTA 55101 IID-CONTINENT RESOURCES, INC. C/O ROBERT DLlANEY DRAWER 790 GLENWI70D SPRINGS, COI.0RADO 81601 JAMES M. TRGITER, III 5414 BELLAIRE DRIVE NEW ORLE-W , LOUISIANA 70214 H.A. BORNEFEL.D, JR. 5237 CEDAR CREEK DRIVE HOUSTON, TEXAS 77056 JOHN H. FIGI JR. M & I MARSHALL & ISLEY BANK 901 SOUTH ADAM AVENUE MARSHFIELD, WISCONSIN 54449 HERBERT M. GELFAND 9171 WI SHIRE BLVD. SUITE 610 BEVERLY HILLS, CALIFORNIA 90210 GUDI ERM7 OSUNA DORIS OSUNA 234 PARK AVENUE DEL RIO, TEXAS 78840 MACO STEWART C/O WOOD BRANCH OFFICE PARK 11931 WICKCHESTER LANE, SUITE 302 HOUSTON, TEXAS 77043 SHIRLEY TAYLOR W-LAZY T RANCH BUSBY, HWI'ANA 59016 JOSEPH T. VERDBSCA 1250 MAJESTY DALLAS, TEXAS 78247 REAL PROPERTIES, LTD. MATIERHORN PRa'IFS, LTD. BEAR PRWE=, LTD. 7251-K GARDEN GROVE BLVD. GARDEN GROVE, CALIFMiIA 92641 LILIA F. HEMPHILL APARTADO POSTAL 31-9 aJALIAWARA JALISCO, MDaCO 45050 UNIT 707, MM 700, ASPEN ALP$ S. UNIT 706, BLDG. 700, ASPEN ALPS S. UNIT 702, BLDG. 700, ASPEN ALPS S. SPACE A, BLDG 700, ASPEN ALPS S. UNIT 705, BLDG. 700, ASPEN ALPS S. UNIT 704, BLDG. 700, ASPEN ALPS S. APT 15, ASPEN ALPS WEST APTS 2,11, ASPEN ALPS WEST APT 16, ASPN ALPS WEST APT 4, ASPEN ALPS WEST APT I, ASPEN ALPS WEST APT. 8, ASPEN ALPS WEST JAIME PARIS NO. 3615 2021 SANTA M NICA BOULEVARD SANTA MINICA, CALIFORNIA 90406 APT. 5, ASPEN ALPS WEST _ Aft«iLe LtUAL DESCRIPTION .RCPERT E. FOWLER 1 APT. 7, ASPEN ALPS WEST 4837 PRICLY PEAR LANE SCOTTSDAIE, ARIZONA 85253 ' ALVIN DWORMAN APT 14, ASPEN ALPS WEST 645 FIFTH AVENUE NEV YORK CITY, NEW YORK 10022 BSLO UNIT 10, ASPEN ALPS WEST C/O EBCO, INC. 1109 MAIN STREET BOISE, IDAHO 83702 RONYRA REALTY N.V. UNIT 6, ASPEN ALPS WEST Ill ELM STREET SAN DIEGO, CALIFORNIA 92101 DELIASON, INC. APT. 9, ASPEN ALPS WEST C/O FRED S. THOMSON P.O. BOX 190 COLTON, CALIFORNIA 92324 MAR.JORIE S. RHODES APT. 13, ASPEN ALPS WEST 1401 AVOCADO AVENUE NEWPORT BEACH, CALIFORNIA 92660 CONSTANCE HARVEY APT. 12, ASPEN ALPS WEST C/O ROBERT WOLF, ESQ. C/O JOSEPH KATZ 200 PARK AVENUE NEW YORK CITY, NEW YORK 10166 ASPEN CHANCE, INC • ASPEN CHANCE SUB. IATS 1, 2 , 3 , 5 , 7 RED OAK OF COLORADO, INC. ASPEN CHANCE SUB. LOT 6 11255 NORTH TORREY PINES ROAD TA JOLTA, CALIFORNIA 92037 ASPEN ALPS WEST CONDOM N IUM-ASSOCIATION ASPEN ALPS SOUTH CONDOMINIUM ASSOCIATION ASPEN ALPS CONDOMINIUM ASSOCIATION DENVER RIO GRAND RAILROAD RIGHT OF WAYS C/O H.A. PHILLIPS, DIRECTOR OF REAL ESTATE P.O. BOX 5482 DENVER, Ca ORADO 80217 ASPEN SKIING CO. ASPEN MOUNTAIN P.O. BOX 1248 ASPEN, COLORADO 81612 (IULI\LJJ �RIEF LEGAL DESCRIPTION UNITED STATES DEPARTMENT OF AGRICUTURE WHITE RIVER NATIONAL FOREST FOREST SERVICE �aDINI% ASPEN M7UNTAIN 806 W. HALZAM STREET ASPEN, COLORADO 81611 UNITED STATE DEPARTMENT OF INTERIOR ANY AND ALL LANDS ADJOINING MINING BUREAU OF LAND MANAGEMENT CLAIMS 50629 HIWAY 6 & 24 CdEM= SPRINGS, COLORADO 81601 L. ROUAAN DRAKE UNIT 301, BLDG. A, ASPEN ALPS S. ROEFIAN L . DRAM JOAN F. DRAKE 85 MARIAM ROAD SOUTH COLORADO SPRINGS, COUDRADO 80909 HERBERT J. WINTER UNIT 302, BLDG A. ASPEN AIDS S. 3321 S. PULASKI ROAD CHICAGO, ILLINOIS 60623 JERCtE A. KAPLAN UNIT 303, BLDG. A, ASPEN ALPS S. SUITE 403 6001 M 1IROSE ROAD RODWIL E, MARYLAND 20852 A. RICHARD BERMAN UNIT 304, BLDG. A ASPEN ALPS S. RICHARD FREE[14AN GARY FREEEMAN DONNA FREEEMAN 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 HCIE CARE CENIERS, INC. UNIT 306, BLDG. A, ASPEN AIDS S. 3840 WEST IULiERTGN AVENUE CHICAGO, ILLINOIS 60647 , DR. SHERLING T. LAURICEL A UNIT 307, BLDG. A, ASPEN ALPS S. 200 TWIN OAKS DRIVE RACELAAID, IMSIANA 70394 DOL.ORES BOROWITZ UNIT 308, BLDG. A, ASPEN ALPS S. IC45 SHERIDAN ROAD WINNEIKA, ILLINOIS 60093 KENT W. SHOD EN UNITS 8, 9, ASPEN ALPS JOAN G. SHO>E1 UNIT 16, ASPEN ALPS 13 SOUTH 7th STREET GENEVA, ILLINOIS 60134 DON M. SI EC H .CK UNIT 11, ASPEN ALPS 741 WEST CREEKSIDE DRIVE HOUSTON, TEXAS 77024 rKiEF LEGAL DESCRIPTION c°MI, C. SILVERSTEIN 30 ANN SILVERSTEIN 325 EAST 79th STREET NO. 6B NEW YORK CITY, NEW YORK 10021 MAX J. PINCUS 1780 HN4 DND COURT BLDaFIEL.D HILLS, MICHIGAN 48013 TOWN & COUNTRY BANK DBA ALLIED BANK W DRIAL P.O. BOX 19372 HOUSIM, TEXAS 77224 BARBARA MDRRIS 924 FRANKLIN AVENUE RIVER FOREST, ILLINOIS 60305 LOUTS MARCUS 601 OLD CROSSING DRIVE BALTIWRE, MARYLAND 21208 DR. DAVID M.D. KRAMISH , 3005 EAST 16th AVENUE MERCY MEDICAL PLAZA SUITE 303 DENVER, CO-aR 80206 THKEDE S. EDISON P.O. BOX 456 NORTH FLATIE, NEBRASKA 69101 DR. R. VERNON M.D. COL.PITTS SUITE 480 7515 SOUTH MAIN HOUSTON, =AS 77030 ALEXANDER B. SLATER P.O. BOX 491 LOCUST VALLEY TANG ISLAND, NEW YORK 11560 LATE N . MELTZER 316 SOUTH RMPART STREET NEW ORLEANS, IMSIANA 70112 DAVID FAIN RLTIH FAIN C/O ASPEN ALPS P.O. BOX 1228 ASPEN, COLOMADO 81612 A & L RANCH TWO THOUSAND CHESSMAN 2000 EAST 12th. AVENUE DENVER, COIAMADO 80206 41 UNIT 4, ASPEN ALPS UNIT 7, ASPEN ALPS UNIT 1, ASPEN ALPS UNIT 2, ASPEN ALPS UNIT 13, ASPEN ALPS UNIT 3, ASPEN ALPS UNIT 17, ASPEN ALPS UNIT 15, ASPEN ALPS UNIT 12, ASPEN ALPS UNIT 6, ASPEN ALPS UNIT 10, ASPEN ALPS UNIT 14, ASPEN ALPS 41PITKIN COUNTY TITLE, Inc. Title Insurance Company 601 E. Hopkins • Aspen, Colorado 81611 (303)925-1766 hF_G. AT A VI. urJ LINE 4-5, M. 8. NO. 38F1 AM L1(TLE WILL, BEING S. 43 U ?Fi•uU" N. 70.00 FT. FHUM CUR. NO. 4 r!. z;. NO. 3s.ibl AM LITTLE NLLL A 1,;(J. 5 Itt-kU0 1N PLACE), TH. b. 43 28' 144" rj. iSb.b7b F I . ALONG LINE u-5 14.11;. aShb t AM L I T 1 LE WELL TO CUR. 5 (AIIJFkAL SURVEY 1J0. 3881 API, Tsl. 845 3f,'n 197.73 F1. ALUNG L111h 5-1 MINERAL bURVF_Y wo. i1;81 A1.1 TO THE COMNROMIbE 1.1!Jt vIIli FFIt "MILLIONAIRE" (MINERAL SURVEY NO. Su2V AM), 11i. b14 SU'W 597.fj5 F T . AL014G THE COMPHUMISt LINE 10 A v01ivI OF 1111tR5LC11UN w1Ts1 LINE 1-r' t-'1rJtr+AL -�uRVEY NU. 3081 AM K L1Nt 114- 1 N111•1EkAL bWHVCY NU. IZ330 "CHANGE" TH. 1v45 vtl'L b72.80 FT. ALUNG LINE 1-4 M1 jl:I;Al_ Sul<VtY NU. 1830 "CHANCE", TH. ro43 4h'w 20s.47 FF. TO THE POINT OF: HLUINU1016, LONTAINING 2.324 ACRES M0R't 01: LE5S. ISUUK e84h NA6L 61 01.1(1K 3r), PAvE 9(30.0 1,101)K 3?1, PAUL 979. BOOK 3�A, NA6E 94b. Lt •`_gib An I.AsEr•1FNI FUR PAkKING MUTOR VEHIULL;i hI'1'uk 1 ENANT TU I Flt 0.326 AI.I'E TRALT IstSC. IN UUOK 21I14, PAGE 89d :iAIU C4JF'_E".l.I141 C1.1VEkING A TRACT OF LA1J1.1 1N St(:. 114-10-64 W. bIH. P.M. IsEING pA0 OF IHE LITTLE DELL MININU CLAIM Mb 3881 AM UESC. 1i1 M/d, CONTAINING b29 SWUARE FEET,.M/L 5FL UEEU IN bUUK 330, PAt:E 945, UEtULU Tu 11. A. BOWYLFtLU, JR. AND 6E0R6E P. 1ii FCHELL. --�~- :iEE. h()UK 3?4, NAGE. 5U5, .ANU_ HOOK 5;)4, VAI�E 496. COLNIY OF PrflUN, STATE OF COLCPAW. 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. WN11 'N WIA7�14 ASPEN/PITRIN PLANNING OFFICE 130 S. Galena Street Aspen, OO 81611 (303,j 925-2020 Date: 19�% , D i RE: 1I�d �701 (�^ Dear 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 submit 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 ,ir complete and we have sched led it for review by the 1 on 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 I�jT your responsibility to post your property with a sign, r 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 the planner assigned to your case. Sincerely, ASPEN/PITRIN PLANNING OFFICE