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.P--AH 115 �' Rezoning of Lots K, L, M & N, Block 19 2735-123-00-005 25A-89 T C I I I —ASPEN/PITKIN PLANNING, OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 I 1 LAND USE APPLICATION FEES City 00113-63250-134 GMP/CONCEPTUAL 00125 00123 00115 County 00113 00125 00123 00113 -63270-136 -63280-137 -63300-139 -63310-140 -63320-141 REFERRAL FEES: -63340-205 -63340-190 -63340-163 -63160-126 -63170-127 -63180-128 -63190-129 -63200-130 -63210-131 -63220-132 -63230-133 -63450-146 REFERRAL FEES: -63340-205 -63340-190 -63360-143 PLANNING OFFICE SALES 00113-63080-122 -63090-123 -63140-124 -69000-145 GMP/FINAL SUB/CONCEPTUAL SUB/FINAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPLICATIONS/ 16 I • D U CONSENT AGENDA ITEMS ENVIRONMENTAL HEALTH HOUSING ENGINEERING SUBTOTAL U O •UU GMP/GENERAL GMP/DETAILED GMP/FINAL SUB/GENERAL SUB/DETAILED SUB/FINAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS BOARD OF ADJUSTMENT ENVIRONMENTAL HEALTH HOUSING ENGINEERING CITY/COUNTY CODE COMP. PLAN COPY FEES OTHER SUBTOTAL TOTA/Ly Mo 00 Name: S (Sr a-''14 Phone: Address: fo / Ate% _, Project: ft L/ _ r 5 Check # —/ / / Date: "7 7 N Additional *billing: _ #of Hours: -6 0 DATE RECEIVED: 7 89 DATE COMPLETE: \%A, CASELOAD SUMMARY SHEET City of Aspen PARCEL ID AND CASE NO. 2735-123-00-005 25A-89 STAFF MEMBER: PROJECT NAME: Rezoning of Lots K, L, M & N, Block 19 Project Address: Legal Address: APPLICANT: Richard D. Stanzione & John Tedesco Applicant Address: REPRESENTATIVE: Hans Gramiger Representative Address/Phone: P. O. Box 67 Aspen, CO 81612 5-7267 PAID: YES NO AMOUNT: $700.00 NO. OF COPIES RECEIVED: 2 TYPE OF APPLICATION: 1 STEP: 2 STEP: P&Z Meeting Date (V\A`1N6 PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: — ✓ City Attorney Mtn. Bell School District 7 City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Building Inspector Envir. Hlth. Roaring Fork Other Aspen Consol. Energy Center S.D. p ��/ DATE REFERRED: INITIALS: FINAL ROUTING: DATE ROUTED: / V INITIAL: City Atty City Engineer Zoning Env. Health Housing Other: FILE STATUS AND LOCATION: �itY 40 MEMORANDUM TO: Mayor and Council THRU: Robert S. Anderson, Jr., City Manager k,2� FROM: Tom Baker, Planning Office RE: Rezoning of Lots k,l,m,n Block 19,1/ DATE: July 10, 1989 SUMMARY: The Planning and Zoning Commission and staff recommend that Council rezone those portions of Lots k,l,m,n of Block 19 from R-15 to R-6. PREVIOUS COUNCIL ACTION: Council approved this Ordinance on first reading. APPLICANT: Richard D. Stanzione and John Tedesco APPLICANT'S REPRESENTATIVE: Hans Gramiger REQUEST: Rezone a portion of Lots k,l,m,n of Block 19, City and townsite of Aspen from R-15 to R-6. LOCATION: Northeast corner of Hopkins and Seventh Streets, (see Attachment 1). SIZE: 1,936 s.f. ZONING: R-15. BACKGROUND: Prior to last year, Block 19 was partially in the City and partially in the County. On December 19, 1988, the City annexed the portion of Block 19 which was in the County. As part of the annexation process, the City zoned this annexed area R-6. As a result of these actions, the four lots (k,l,m,n) have two zone districts, R-6 on the recently annexed area and R-15 for the area which was historically part of the City. Last month Mr. Gramiger requested, on behalf of the property owners, that the P&Z sponsor a request to rezone Lots k,l,m,n of Block 19 to R-6. P&Z then gave him permission to bring a rezoning application through the process. In summary, this application will "clean-up" the zoning on these four lots of Block 19 and provide R-6 zoning for this property. STAFF COMMENTS: Sec. 7-1102 provides the Council with standards of review for rezoning. A. Whether the proposed amendment is in conflict with any applicable portions of this chapter. This request is consistent will all applicable portions of this chapter. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. This request is consistent with the 1973 Land Use Plan which identifies this area as mixed residential. C. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. Surrounding zone districts include R-6 zoning and surrounding land uses are residential (single-family and multi -family). D. The effect of the proposed amendment on traffic generation and road safety. This request will not effect traffic generation or road safety. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. This request will not result in adverse demands on any public facilities. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. This property is in an urban environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. The request is for residential zoning which is in character with the community. H., Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. The changed condition is that a portion of these lots was recently annexed and zoned R-6. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. This request is not in conflict with the public interest. E RECOMMENDATION: The Planning and Zoning Commission and staff finds this request appropriate and recommend that Council rezone those portions of Lots k,l,m,n of Block 19 now zoned R-15 to R-6. PROPOSED MOTION: "I move to approve Ordinance No. 33 (Series of 1989) to rezone Lots k,l,m,n, Block 19 from R-15 to R-6." CITY MANAGER RECOMMENDATION: blk.19.rezone.cc.2nd K • • MEME M NoW-11 0 m ablz I- s Now r= VAN U 1-1_ nos =L QD LL U OD Q W n s.IMKI, J CL Y] rl-y 0 W z O N o. w x w z z a J z w O w cc Z O w 1X31S H1L Hinos M :1 • MEMORANDUM TO: Mayor and Council THRU: Robert S. Anderson, Jr., City Manager FROM: Tom Baker, Planning Office .j RE: Rezoning of lots k,l,m,n Block 19. DATE: May 16, 1989 SUMMARY: The Planning and Zoning Commission and staff recommend that Council rezone those portions of lots k,l,m,n of block 19 from R-15 to R-6. PREVIOUS COUNCIL ACTION: No previous action. APPLICANT: Richard D. Stanzione and John Tedesco APPLICANT'S REPRESENTATIVE: Hans Gramiger REQUEST: Rezone a portion of lots k,l,m,n of Block 19, City and townsite of Aspen from R-15 to R-6. LOCATION: Northeast corner of Hopkins and Seventh streets, (see attachment 1). SIZE: 1,936 s.f. ZONING: R-15. BACKGROUND: Prior to last year, Block 19 was partially in the City and partially in the County. On December 19, 1988, the City annexed the portion of Block 19 which was in the County. As part of the annexation process, the City zoned this annexed area R-6. As a result of these actions, the four lots (k,l,m,n) have two zone districts, R-6 on the recently annexed area and R-15 for the area which was historically part of the City. Last month Mr. Gramiger requested, on behalf of the property owners, that the P&Z sponsor a request to rezone lots k,l,m,n of block 19 to R-6. P&Z then gave him permission to bring a rezoning application through the process. In summary, this application will "clean-up" the zoning on these four lots of block 19 and provide R-6 zoning for this property. STAFF COMMENTS: Sec. 7-1102 provides the Council with standards of review for rezoning. A. Whether the proposed amendment is in conflict with any • applicable consistent chapter. portions of this chapter. This request is will all applicable portions of this B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. This request is consistent with the 1973 Land Use Plan which identifies this area as mixed residential. C. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. Surrounding zone districts include R-6 zoning and surrounding land uses are residential (single-family and multi -family). D. The effect of the proposed amendment on traffic generation and road safety. This request will not effect traffic generation or road safety. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. This request will not result in adverse demands on any public facilities. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. This property is in an urban environment. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. The request is for residential zoning which is in character with the community. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. The changed condition is that a portion of these lots was recently annexed and zoned R-6. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. This request is not in conflict with the public interest. RECOMMENDATION: The Planning and Zoning Commission and staff 2 finds this request appropriate and recommend that Council rezone those portions of lots k,l,m,n of block 19 now zoned R-15 to R-6. PROPOSED MOTION: I move to approve on 1st Reading Ordinance No. 3--!) (Series of 1989) to rezone lots k,l,m,n Block 19 from R-15 to R- 6. CITY MANAGER RECOMMENDATION: blk.19.rezone.cc 3 1S Hili 0 0 cc QZK: NoWn-,� -MIM �ELt' ��� nos --Uir �� LU N x v J LU Z Z m W U LU S\© LLI a 0 cc a U w co LXI 1S HlL Hinos BLOCK 12 hwb.-jre EME BILO BEALMEAR SUBDIV SUBDU LOT L K I!3 G HI LOT 3 SAWMLL SUBDIV. LOT E3LOCK IR K L ,tit NCO jP Q' AB C D E F G H I i o i P o Q I R s , F '-- WES F-10, I K N S /4V HOMESTAKE USMS421i KAPLAN 13L' OC'/\ 24 A B C ID i BLOCK 25I K L LOT I I LOT 2 MARY D ISUE3DIV • 7 MEMORANDUM TO: Mayor and Council THRU: Robert S. Anderson, Jr., City Manager FROM: Tom Baker, Assistant Planning Director, Planning Office RE: Re -Zoning of Lots K, L, M and N, Block 19, City and ,Townsite of Aspen, Colorado DATES: May 8, 1989 a n d June 12, 1989. SUMMARY: On December 19, 1988, the Aspen City Council annexed the territory commonly known as "BLOCK 19 ANNEXATIN" to the City of Aspen. On March 13, 1989, the Aspen City Council, by the adoption of ORDINANCE NO. 2 (Series of 1989) zoned the territory annexed by the "BLOCK 19 ANNEXATION" to R-6. By oversight a triangular shaped tract of land containing 1,936 sq.ft. m/l, being Lots K, L, M and N, Block 19, City and Town - site of Aspen was not included in the legal description of Ordinance No. 2 (Series of 1989) and therefore remained R-15. Both the Aspen Planning and Zoning Commission and the Aspen City Council recommend that Lots K, L, M and N, Block 19, City and Townsite of Aspen be zoned R-6 and that the Official Zone District Map of the City of Aspen be amended to reflect such zo ning amendment. RECOMMENDATION: The Aspen Planning and Zoning Commission and the Planning Office recommend that the Aspen City Council approve on lst Reading Ordinance No. (Series of 1989), and on 2nd Reading adopt, pass and approve said Ordinance. RECOMMENDED MOTION: "Move to approve the 1st Reading of Ordinance No. , (Series of 1989) to zone Lots K, L, M and N, Block 19, City and Townsite of Aspen from R-15 to R-6." "Move to approve Ordinance No. (Series of 1989) to zone Lots K, L, M and N, Block 19, City and Townsite of Aspen, on 2nd and final reading" CITY MANAGER RECOMMENDATION: C� • MEMORANDUM To: Tom Baker, Assistant Planning Director From: Elyse Elliott, Engineering Department Date: May 5, 1989 Re: Rezoning of Block 19 The Engineering Department has no problems with this request, however, we would like tho make these two comments : 1. The plat for this should depict the new annexation boundary in the vicinity map. 2. It should be noted that the Hopkins Street right-of-way is 75' all through town, except right in front of Block 19 where it narrows to 561. However, the narrowing occurs on the south side of Hopkins Street instead of the north side which fronts this application. MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Tom Baker, Assistant Planning Director, Planning Office RE: Re -Zoning of "LOTS K, L, M and N, BLOCK 19, City and Townsite of Aspen, Colorado" DATE: May'2nd , 1989. SUMMARY: The City of Aspen Council on::December 19, 1988 has annexed the territory of the "BLOCK 19 ANNEXATION" and rezoned it from former Pitkin County Zone of R-15 to City of Aspen Zone R-6 on March 13, 1989. Through oversight in said rezoning pro- cess the 1,936 sq.ft. area contained in that certain triangular tract formed by Lots K, L, M and N, Block 19, was not included. Location: On the south side of the Alley in Block 19 and on the north side of the Original Townsite line between Corners 7 and 8 within the sourthern half.of Block 19. Block 19 is located bet- ween South Seventh Street Extended and South Sixth Street and between West Main Street and West Hopkins Avenue Extended. Size: 1,936 sq.ft. m/l. Previous action by Aspen Planning & Zoning Commission: On January 17, 1989, The -Aspen Planning and Zoning Commission de- termined that the most appropriate zone district for Block 19 at the current time is R-6 RECOMMENDATION: The Aspen Planning and Zoning Commission and the Aspen/Pitkin Planning Office recommend that the Aspen City Council rezone Lots K, L, M 'and N, Block 19, City and Townsite of Aspen to R-6 in order to bring the entire 120' x 100' rectangular shaped tract (consisting of two 6,000 sq.ft. building sites) into a uniform zoning desiganation. PUBLIC NOTICE RE: REZONING OF LOTS K, L, M AND N, BLOCK 19, CITY AND TOWNSITE OF ASPEN NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, May 16, 1989 at a meeting to begin at 4:30 PM before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, 130 S. Galena Street, Aspen, CO to consider an application submitted by Hans Gramiger on behalf of Richard Stanzione and John Tedesco requesting the rezoning of a portion of Lots K, L, M & N, Block 19, City of Aspen from R-15 to R-6 zone. For further information, contact the Aspen/Pitkin Plannng Office, 130 S. Galena St., Aspen, CO 81611 (303) 920-5090. s/ C. Welton Anderson, Chairman Aspen Planning and Zoning Commission Published in The Aspen Times on April 20, 1989. City of Aspen Account. ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 April 13, 1989 Hans Gramiger P. O. Box 67 Aspen, Colorado 81611 RE: Rezoning of Lots K, L, M & N, Block 19 Dear Hans, 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 complete. We have scheduled your application for review by the Aspen Planning and Zoning Commission at a public hearing on Tuesday, May 16, 1989 at a meeting to begin at 4:30 P.M. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to your application is available at the Planning Office. The Aspen Land Use Regulations require the applicant to post a sign and mail notice of the public hearing to adjacent property owners (See the enclosed Attachment 5-Public Hearing Notice Requirements). A copy of the Public Notice to be published in The Aspen Times will be sent to you for this purpose. If you have any -questions, please call Tom Baker, the planner assigned to your case. Sincerely, Debbie Skehan Administrative Assistant • 46. MEMORANDUM TO: City Attorney City Engineer FROM: Tom Baker, Assistant Planning Director RE: Rezoning of Block 19 DATE: April 13, 1989 Attached is an application submitted by Hans Gramiger on behalf of his clients, Richard Stanzione and John Tedesco, requesting rezoning of Lots K, L, M & N of Block 19 from R-15 to R-6. Please review this material and return your comments no later than May 3, 1989 so that I have time to prepare a memo for *the P&Z.- Thank you. SITE OF PROPOSED TEL. 925-7267 • (AREA CODE 303) HANS OF ASPEN REALTY HANS R. GRAMIGER, LICENSED BROKER Selling & Buying Agent for: Homes Building Sites Businesses Motels Ranches Speculative Land Values Loans Property Development Consultant BOX 67 ASPEN. COLORADO. U.S.A. 81611 April 7, 1989 HAND DELIVERED Mr. Thomas Baker, Assistant Planning Director Aspen/Pitkin Planning Office City Hall 130 So. Galena Street Aspen, CO 81611 C-7 , Re: Application for Rezoning of Lots K, L, M & N, Block 19, City and Townsite of Aspen, from R-15 to R-6. Dear Tom : This is in confirmation of our conference of yesterday afternoon. Please do not hesitate'to correct my summarization should I have unintentionally misrepresented a fact. Appraisals 1. The Planning Office takes the position that the Aspen Planning and Zoning Commission at its meeting of March 21st, 1989, only agreed to sponsor or permit the above captioned application to Property Management be processed by the Planning Office on other than the February 15 or August 15, dates. Trade Intermediary 2. The Planning Office disagrees with me that the Aspen Planning and Zoning Commission, on March 21st, 1989, by Motion, voted to initiate an amendment to the Official Zone District Map Building for the City of Aspen of Lots K, L, M and N, Block 19, City Contracting and Townsite of Aspen, from R-15 to R-6. 3. The Planning Office agrees with me that the above captioned Feasibility Studies rezoning application is more of a technical "housecleaning" matter or in the nature of a "formality" but must neverthe- less go through the required Public Hearings and Public No - Correspondents tice requirements. In All Principal U. S. Cities, Resorts andin 4. Due to the uniqueness of the application and the Planning Foreign Countries office's previous recommendation and the input of the Aspen Planning and Zoning Commission and the processing of the application the the Aspen City Council of the adjacant par- Espa'nol cel which was zoned to R-6 after the adoption of the "Block Deutsch 19 Annexation", the Planning Office has agreed to accept this Frani;ais application with the tender of a base filing fee of $ 700.00. - 1 - 4} HANS R. GRAMIGER BOX 67 ASPEN, COLO., U.S.A. to: Mr. Tom Baker, Ass't Planning Director page two • TEL. 925-7267 (AREA CODE 303) 04-07-1989 5. It is herewith understood by the Planning Office and the Applicants that the Planning Office anticipates that the processing of this application is estimated to take a mi- nimum of.one hour with a possibility of up to three hours and that the unused portion of the $ 700.00 fee shall be returned to Applicants at the rate of.$ 135.00 per Hour. HRG:se Sincerely, re x. cram epresentati RICHARD D. S. JOHN TEDESCO splimjw-.z-rr� ZIONE and SANS R. GRAMIGER • • BOX 67 ASPEN, COLO., U.S.A. April 7, 1989 Mr. Thomas Baker, Assistant Planner Aspen/Pitkin Planning Office Aspen City Hall HAND DELIVERED 130 So. Galena Street A s p e n CO 81611 TEL. 925-7267 (AREA CODE 303) RE: Application for rezoning of Lots K, L, M and N, Block 19, City and Townsite of Aspen, Colorado, from R-15 to R-6. Dear Tom : In accordance with the understanding we reached during our conference of yesterday afternoon, I am submitting to you herewith the above captioned Application from RICHARD D. STANZIONE and JOHN TEDESCO as their duly authorized representative, as follows:' 1. "Land Use Application Form" Project Name: "Rezoning of Lots K, L, M and N, Block 19, City of Aspen"; 2. Certificate from the ASPEN TITLE CORPORATION dated April 6, 1989, as to Ownership of Record; 3. Authorization from Richard A. Knezevich, Esq., as attorney for Mr. Richard D. Stanzione and Mr. John Tedesco, authorizing Hans R. Gramiger to act as their representative authorized to act on behalf of the applicants; 4. check # 9897 in the amount of $ 700.00 dated April 7, 1989, from Hans of Aspen Realty made payable to the Aspen/Pitkin Planning Office; 5. Certified Survey by Aspen Survey Engineers, Inc. (Job # 18052) at a Scale of 1" = 10' depicting the 1,936 sq.ft. triangle as Lots K, L, M and N, Block 19, City and Townsite of Aspen; 6. A neighborhood Map at a Scale of 1" = 30' showing all real properties by legal descriptions within 300 feet of the tri- angle formed by Lots K,L,M & N, Block 19, City of Aspen; 7. A four (4) page "LIST OF PROPERTY OWNERS WITHIN THREE HUNDRED (3001) FEET OF LOTS K, L, M & N, BLOCK 19, CITY OF ASPEN, containing the names and addresses of such property owners corresponding to the neighborhood Map (item 6 above); - 1 - 4 from: Hans R. Gramiger,apresentative to: Thomas Baker, page two 04-07-1989 Planning Office 8. draft of PUBLIC NOTICE to be published in the Aspen Times on April 13, 1989, and to be mailed by applicants to real pro- perty owners within three hundred feet (as per items 6 & 7, above) for a PUBLIC HEARING before the Aspen Planning and Zoning Commission on May 2, 1989; 9. draft of Memorandum from Tom Baker, Assistant Planning Director, Planning Office, addressed to the Aspen Planning and Zoning Commission concerning the Public Hearing of May 2nd, 1989; 10. draft of Memorandum from Tom Baker, Assistant Planning Director, Planning Office, dated May 8, 1989 and June 12, 1989, addressed to the Mayor and City Council of the City of Aspen, concerning the first reading and the final rea- ding of ORDINANCE NO. (Series of 1989) whereby Lots K, L, M, and N, Block 19, City and Townsite of Aspen, are rezoned from R-15 to R-6; 11. draft of PUBLIC NOTICE for a Public Hearing by the City Council of the City of Aspen to be held on June 12, 1989, on the adoption and final reading of ORDINANCE NO , (Series of 1989), which Public Notice shall be published in the Aspen Times on May 11, 1989; 12. draft of ORDINANCE NO. (Series of 1989): "AN ORDINANCE OF THE ASPEN CITY COUNCIL -ZONING LOTS K, L, M and N, BLOCK 19, CITY AND TOWNSITE OF ASPEN TO R-611; The items 8 through 12, inclusive, were prepared by me in draft form as a gesture of good will to you and the Planning Office in order to hopefully secure your cooperation in the timing of the rezoning application process under a streamlined method. In other words since this rezoning matter is not a controversial matter it will be treated by the Aspen Planning and Zoning Commission and the Aspen City Council as an almost automatic formality. Because of the ultra -minimum time slots that are required for both the Aspen Planning and Zoning Commission and the Aspen City Council Agendas I believe that you will agree that the timing as envisioned by the two draft Public Notices (items 8 and 11, above) is realistic. Sincerely, HRG:se s R. Gram�qlef, �-tive rRichard John Tedesco, Applicants ENCLOSURES MENTIONED. I • ATTACHMENT 1 • LAND USE APPLICATION FORM 1) Project Name: "REZONING OF LOTS K, L, M., & Ni BLOCK 191 CITY OF ASPEN` 2) Project Location: on south side of alley in Block 19, City of Aspen, and north and adjacent to the parcel of land annexed by the City of Aspen by Ordinance No. 54 (series of 1988) ado- pted December 19, 1988, as per recorded Annexation Map thereof recorded December 30, 1988, in Plat Book 22, at Page 7, of the Pitkin County Records. 3) Present Zoning: ' R-15 4) Size: 1,936 sq.ft. +/- 5) Applicant's Name: RICHARD"D-.-."STANZIONE-- and..','_ J014N TEDESCO 6) Representative's Name,Address, & Phone: Hans R. Gramiger 925-7267 P.O.Box 67 Aspen, CO 81612 7) Type of Application: x AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP 8) Description of Existing Uses: (none) v a c a n t l a n d 9) Description of Development Application: In the re -zoning from R-15 Pitkin County to City of Aspen R-6 of a parcel of land which was annexed to the City of Aspen as of 12-19-1988, by Ordinance No. 54 (Series of 1988), the adjacent parcel.consiting of Lots K, L, M, & N, Block 19, City of Aspen, was by oversight not included within the legal description and the Public Notices, although the Aspen Planning and Zoning Commission at its regular scheduled meeting of January 17, 1989, relied on written and oral presentation which led it to the belief that the rezoning would uniformally zone a parcel of land of 12,000 sq.ft. and consisting of two (2) 6,000 sq.ft. building sites. The purpose of the "Block 19 Annexation" was to bring a 12,000 sq.ft. tract of land consisting of two 6,000 sq.ft. building sites which were partially south of the original Townsite line (10,064 s.f.) and parti- ally within the original Townsite of Aspen (1,936 s.f.) (a) under one jurisdiction, and (b) under the regulations of one -zoning district. The annexation accomplished the jurisdictional objective but the subse- quent zoning by the Aspen City Council of only the annexed territory left the two building sites divided within R-6 and R-15. This rezoning application when approved by the City of Aspen Council will rectify the situation and no special benefit in potential buil- ding development (F.A.R. etc.) will accrue to .the applicants. All pre- vious recommendations by the Aspen Planning Office, the Aspen Planning and Zoning Commission and the Aspen City Council apply for the zoning of the annexed territory apply equally to the 1,936 sq.ft. triangle legally described as Lots K, L, M & N, Block 19, City & Townsite of Aspen, Colorado. ASPEN TITLE CORPORATI• NORMAN E. LARKINS TELEPHONE: PRESIDENT THE ASPEN PROFESSIONAL BUILDING, SUITE 102 ASPEN 600 EAST HOPKINS AVENUE (303) 920-4050 DONALD D. VEITCH ASPEN, COLORADO 81611 BASALT MANAGER I (303) 927-4741 DENVER DIRECT (303) 595-8463 TELECOPIER: (303) 920-4052 April 6, 1989. I To the ASPEN/PITKIN PLANNING OFFICE 130 So. Galena Street Aspen CO 81611 RE: Re -Zoning Application of Lots K, L, M & N, Block 19, City and Townsite of Aspen, Colorado. Ladies and Gentlemen This is to certify that the following properties are owned by the following persons as of March 31st, 1989. LOTS K and L, Block 19, City and Townsite of Aspen, Colorado: OWNER OFIRECORD: Richard Stanzione LOTS M and N, Block 19, City and Townsite of Aspen, Colorado: OWNER OF RECORD: John Tedesco Aspen, Colorado, April 6, 1989. ASPEN TITLE CORPORATION B Y : I� v `i LMD:hrg' CI , EAGLE COUNTY: EAGLE COUNTY TITI-E CORPORATION THE VAIL PROFESSIONAL BLILDINO, SUITE 100 953 SOUTH FRONTAGE ROAD WEST VAR, COLORADO 111557 (303)476.6423 I AFFILIATED OFFK:ES GRAND COUNTY: THE TITLE COMPANY. INC. FRASER VALLEY CENTERIFRASER POST OFFICE BOX 415 MINTER PARK, COLORADO 00162 - 13031720-00" .. SUMMIT COUNTY: SUMMIT COUNTY ABSTRACT COMPANY 109 NORTH RIDGE STREET POST OFFICE BOX 510 BRECKENRIDGE. COLORADO W424 - 13031453.6120 ------••-----_ ... .� �i�r. ....v .. .. .. aici _V1 Vf IV.7 iL•VI 1 VL • 1 It AUTHORIZATION OF REPRESENTATION I, John Tedesco, ae the owner of that certain paroel of real property described on Exhibit, A attached hereto, hereby authorize Hans Gramiger to' repreaent me in regard•to any and all applications seeking to zone such property R-6. Dated April "7 , 1969.• ?165' e e9Co L \:2 EXHIBIT A The land deferred to in this Commitment is located in the County of Pltkin, State of Colorado and described as follows: A tract of land lying and being situated in the SE1/4 of Section 12, Township 10 South, Range 85 West of the 6th P.M., Pitkin County, Colorado, consisting'of Lots M and N, Block 19, City of Aspen; and a portion of "Lot 16" (as shown on the Bureau of Land Management Plat of the Dependent Resurvey and Survey for Township 10 South, Range 85 West of the Sixth Principal Meridian, Colorado, approved February 14, 1980, and recorded December 8, 1986, in Pitkin County Records in Book 524 at Page 552);iand a portion of the HOMESTAKE Lode Mining Claim (United States Mineral Survey No. 4211); and a portion of the MARY B. NO. 2 Lode Mining Claim (United States Mineral Survey No. 19640), and being more fully described as follows: Beginning at the Northwest Corner of Lot M, Block 19, City of Aspen; thence South 14*50149" West, along the West line and the_ -Southerly extensIIon thereof of Lot M, Block 19, City of Aspen, a distance of 100.00 feet to a point on the Westerly extension of the North line of West Hopkins Avenue of the City of Aspen; thence South 75*09111" East, along the Westerly extension of the North line of West Hopkins Avenue of the City of Aspen, a distance of.60.00 feet; thence North 14*50149" East, along the East line and the Southerly extension thereof of Lot N, Biock'19, City of'Aspen, a distance of 100.00 feet; thence North 75*09111" West, along the South Ilne of the alley in Block. 19, City of Aspen, a distance of 60.00 feet, to the Point of Beginning. I AUTHORIZATION OF REPRESENTATION I, Richard D. Stanzione, as the owner of that certain parcel ofireal property described on Exhibit A attached hereto, hereby authorize Hans Gramiger to represent me•iri regard to any and all applications seeking to zone such property R-6. Dated April, 1989. R O ar D. a W r i EXHIBIT A The land referred to fn thls Commitment is located In the County of _ y Pitkin, State of Colorado and described as follows: A parcel of land lying and being situated In the SEI/4 of Section 12, Township 10 South, Range 85 West of the 6th P.M., Pltkln County, Colorado, consisting of Lots K and L, Block 19, City of Aspen; and a portion of "Lot 15" (as shown on the Bureau of Land Management Plat of the Dependent. Resurvey and Survey for Township 10 South, Range 85 West of the Sixth Principal Meridian, Colorado; approved February 14, 1980, and recorded December 8, 1986, in Pltkin County Records in Bock 524 at Page 152); and a portion of the HCMESTAKE Lode Mining Claim (United States Mineral Survey No. 4211), and*being mcre fully described as foilcws: I Beginning at the point of intersection of the East line of South Seventh Street extended of the City of Aspen and the South Ilne of the alley in Block 19 extended Westerly from whence the Northwest Corner of 81ock.19, City -of Aspen, bears North 14°50°49" East, a distance ofr121.01 feet; thence South 14*50149" West, along the East line of South Seventh Street extended a distance of 100.00 feet to a point on the North Iine of West Hopkins Avenue of the City of Aspen extended Westerly; y thence South 75109111" East, along the Westerly extension of the North line -of West Hopkins Avenue, a distance of 60.00.feet; thence North 14°50149" East, along the East line and the Southerly extension thereof of Lot L, Block 19, City of Aspen, a distance of 100.00 feet; thence North 75*09111" West, along the South line and the Westerly extension thereof of Lot L; Block 19, City of Aspen, a distance of.60.00 feet, to the Point of Beginning. 1 I: • • REZONING OF LOTS "K", "L", "M" & "N", BLOCK 19, ORIGINAL TOWNSITE OF ASPEN, from R-15 to R-6 to create uniform zoning with annexed and zoned land of the "BLOCK 19 ANNEXATION" LIST OF PROPERTY OWNER WITHIN THREE HUNDRED (300') FEET OF LOTS K, L, M & N, BLOCK 19, City and Townsite of Aspen, Colorado. AS PER ATTACHED MAP Block 12: ################# Lots K,L,M,N,O,P �: �. : ERWIN KNIRLBERGER 801 W. Bleeker Ave. Aspen, CO 81611 Lots Q, R, S Block 13: East 26' of Lot C, Lots D,E,F,G,H,I Bealmear Subdivision: Lots 1, 2, 3, 4 & 5 Adams Subdivision: Lot 1 Lot 3 Sawmill Subdivision: Lot 1 Block 18: Lots K,L Lots M,N,O P Q, & West 20' of Lot R S, & East 10' of Lot R Block 19: Lots A,B,C Lots D,E,F Richard E. & Lois N. Long P.O.Box 1314 Aspen, CO 81612 ELEANOR BERGER BEALMEAR ELEANOR BERGER BEALMEAR P.O.Box 632 Aspen, CO 81612 JERRY & ESTHER L. FELS (as Trustees of Fels Family Trust) 3645 Valley Meadow Road Sherman Oaks, CA 91403 SANDRA K. and ARCHER W. BISHOP, JR. (as Life Tenants under Joint Purchase Agreement and Remainderman John W. Barker, Jr., as Trustee of the Kabt Irrevocable Trust) 4734 Lyons View Knoxville, TN 37919 DENNIS H. & LINDA H. VAUGHN 1050 Connecticut Ave. N.W. - 12th Floor Washington, D.C. 20036 Christian Science Snowmass, Inc. 734 W. Main St. Aspen, CO 81611 Society Aspen/ EVERET W. & ELEANOR B. BIGGS WILLIAM D. BIGGS 7820 Kara Lane Knoxville, TN 37919 JOSEPH B. KRABACHER 201 No.Mill Street Aspen, CO 81611 ESTATE OF ALRED BRAUN c/o Mrs. Sigrid Stapleton 1350 Mountain View Drive Aspen, CO 81611 SEVENTH & MAIN VENTURE (a Colorado General Partnership) 215 So. Monarch St. Suite 103 Aspen, CO 81611 MAIN STREET BLOCK 19 ASSOCIATES C/o OLMSTED Kossler Road Flagstaff Star_1Ra.ute Boulder, CO 80302 page one 1 r Lot G Lots H & I • Lots K, L, and portion of land within "Block 19 Annexation" Lots M, N, and portion of land within "Block 19 Annexation" Lots 0,P Lots Q,R,S Unit "A" Unit "B" Unit "C" Unit "D" Unit "E" Unit # 1 Unit # 2 Unit # 3 Unit # 4 I 1 ROBERT J. WEIEN P.O.Box 3506 Aspen, CO 81612 LOIS N. LACKEY, Trustee of P.F. Nicholson Trust P.O.Box 944 Tularosa, N.M. 88352 HANS R. GRAMIGER P.O.Box 67 Aspen, CO 81612 JAMES PETER LORIER 145 Lincoln Ave., Apt. 5-R Staten Island, N.Y. 10306 SKANDIA TOWNHOUSES CONDOMINIUM (5 Units "A", "B", "C", "D" & "E") N.E. & CAROLYN OLDHAM P.O.Box .7953 Aspen, CO 81612 ROBERT B. & LYNN B. PIPER 3415 Morrison St. N.W. Washington, D.C. 20015 KINGSBURY & CHARITY JANE PITCHER 520 Camino del Monte Sol Santa Fe, N.M. 87501 TERRY END P.O.Box 747 Aspen, CO 81612 RICHARD A. SHERRIFF P.O.Box 11108 Aspen, CO 81612 700 W.HOPKINS CONDOMINIUM (15 Units # 1 through # 15) BETSY M REID 59 Fallon Drive North Haven, CT 06473 MARCIA A. SOUTHWICK 2915 South 29th St. Lincoln, NE 68502 JOAN F. DABIDEEN P.O.Box 10901 Aspen, CO 81612 JOHN W. TAYLOR P.O.Box 121 Hartland, -WI 53201 Unit # 5 DURAND B. BLATZ 1233 Panorama Drive Carbondale, CO 81623 Unit # 6 CHRISTINE N. LESTER, ROBERT A. LESTER NORMA E. LESTER P.O.Box 9696 Aspen, CO 81612 Unit # 7 THOMAS M. MARSHALL 300 Riverside Ave. Aspen, CO 81611 page two CJ t • Unit # 8 Unit # 9 Unit # 10 Unit # 11 Unit # 12 Unit # 13 Unit # 14 Unit # 15 HOMESTAKE LODE U.S.M.S. 4211: PORTION OF MARY B. LODE NO. 2 U.S.M.S. 19640; PORTION OF HOME - STAKE LODE U.S.M.S. 4211; and PORTION OF "MS 5792" Block 25: Lot A Undiv. Interest Lot B Lots C, D h Undiv. Interest Units# A & H Unit # B Unit # C CHERYL BARKER SHONK 7457 South Clarkson Littleton, CO 80122 EDWIN COMPTON 0100 Lone Pine Road Aspen, CO 81611 TED LENIO P.O.Box 9854 Aspen, CO 81612 BRIAN and SUZANNE O'NEIL P.O.Box 40-3577 Miami Beach, FL 33140 GEORGE S. NEWELL & EDA I. HILL P.O.Box 10216 Aspen, CO 81612 SHEILAH JUDITH BRYAN P.O.Box 976 Aspen, CO 81612 MERLE ELLEN JABLIN P.O.Box 9724 Aspen, CO 81612 EDGAR F. BARBER P.O.Box 9678 Aspen, CO 81612 HANS R. GRAMIGER P.O.Box 67 Aspen, CO 81612 LESTER M. KAPLAN 1060 Sailors Reef Station Fort Collins, CO 80525 I.F. ASSOCIATES (A p.C.Gen'l. Part'p.) 280 N. Woodward, Suite 216 Birmingham, IL 60602 RICHARD J. FLEISCHER 111 West Washington, Suite 1505 Chicago, IL 60602 RONALD H. JACOBS 617 W. Main St. Aspen, CO 81611 "617 WEST MAIN STREET CONDOMINIUM" (10 Units A through I & L) K.D. STOUT & COMPANY, INC. (Colo Corp) 3980 Quebec, Suite 151 Denver, CO 80207 BRIAN BUSCH 617 W. Main St., Suite B Aspen, CO 81611 ROBERT H. THROM, PHYLIS A. THROM, DOUGLAS H. THROM P.O.Box 4556 Aspen, CO 81612 page three t CJ • Unit # D Unit # E Units # F & G Units # I & L Lots K,L Lots M,N MARY B. Lot/Split SUBDIVISION: Lot 1 MICHAELE S. DUNSDON and DAVID A. BORKENHAGEN P.O.Box 2225 Aspen, CO 81612 DONALD L. YOUNG P.O.Box 4444 Aspen, CO 81612 RICHARD E. RUDOLPH P.O.Box 1089 Aspen, CO 81612 PATRICIA J. STRAIGHT P.O.Box 4706 Aspen, CO 81612' ALFRED P. & LORALEE S. WEST 12 Green Brier Lane Paoli,,PA 19301 DON McGILL, INC. (a Texas Corporation) 11800 Old Katy Road Houston, TX 77079 TIMOTHY W. TERRAL (Parlour Car, Inc. Restaurant) P.O.Box 3595 Aspen, CO 81612 V. page four PUBLIC NOTICE RE: REZONING OF LOTS K, L, M and N, BLOCK 19, City and Townsite of Aspen, Colorado NOTICE IS HEREBY GIVEN thata public hearing will be held on Tuesday, May 2nd , 1989, at a meeting to begin at 4:30 PM before the ASPEN PLANNING AND ZONING COMMISSION in the 2nd Floor Meeting Room, 130 S. Galena Street, Aspen, CO to consider the rezoning from R-15 to R-6 of Lots K, L, M and N, Block 19, City and Townsite of Aspen. Lots K, L, M and N, Block 19, City and Townsite of Aspen are located on the south side of the Alley in Block 19 and adjacant to the "Block 19 Annexation" which was annexed to the City of Aspen on December 19, 1988, and rezoned from County R-15 to City R-6 on March 13, 1989, by the City Council of the City of Aspen. By oversight Lots K, L, M and N, Block 19, City and Town - site of Aspen were not included in the public notice and legal description when the City of Aspen Planning and Zoning Commis- sion and the City of Aspen Council zoned the "Block 19 Annexa- tion" territory from County R-15 to City R-6. For further information, contact the Aspen/Pitkin Plan- ning Office, 130'So. Galena Street, Aspen, Colorado, 81611,_ a/c 303 920-5090. C. WELTON ANDERSON, CHAIRMAN, ASPEN PLANNING AND ZONING COMMISSION Published in the Aspen Times on April 13,1989. City of Aspen Account. • 1 • PUBLIC NOTICE ORDINANCE NO. (Series of 1989) AN ORDINANCE OF THE ASPEN CITY COUNCIL ZONING LOTS K, L, M AND N, BLOCK 19, CITY ANDTOWNSITE OF ASPEN R-6 IN THE CITY OF ASPEN, COLORADO. WHEREAS, at a duly noticed public hearing held on May 2.ncl;, 1989, the Aspen Planning and Zoning Com- mission reviewed the rezoning of Lots K, L, M and N, Block 19, City and Townsite of Aspen, from R-15 to R-6; and WHEREAS, the Commission recommends to the City Council that Lots K, L, M and N, Block 19, City and Townsite of Aspen, be zoned to R-6; and WHEREAS, the City Council has considered the re- commendation of the Commission, and has determined that the proposed rezoning_is compatible with the surrounding zone districts and land use in the vi- cinity of the site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby zone Lots K, L, M and N, Block 19, City and Townsite of Aspen to R-6, which lots are presently zoned R-15 on the Official Zone District Map of the City of Aspen. Section 2: That the Zone District Map be and hereby is amended to reflect the zoning described in Section 1 and that the Planning Director is hereby authorized and directed to amend said map to reflect the new zoning. Section 3: That the City Clerk be and hereby is di- rected, upon the adoption 'of this ordinance, re re- cord a copy of this ordinance in the orrice of the Pitkin County Clerk and Recorder. Section 4: A public hearing on the Ordinance shall be held on the 12th day of June , 1989, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public 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, the the City Council of the City of Aspen on the 8th day of May , 1989. WILLIAM L. STIRLING, Mayor of the ATTEST: City of Aspen Kathryn S. Koch, City Clerk Published in the Aspen Times May 11, 1989. ORDINANCE NO. (SERIES OF 1989) AN ORDINANCE OF THE ASPEN CITY COUNCIL ZONING LOTS K, L, M and N, BLOCK 19, CITY AND TOWNSITE OF ASPEN TO R-6 WHEREAS, at a duly noticed public hearing held on April 18, 1989, the Aspen Planning and Zoning Commission reviewed the zoning options for Lots K, L, M and N, Block 19, City and Townsite of Aspen; and WHEREAS, the Commission recommends to the City Council that Lots K, L, M and N, Block 19, City and Townsite of Aspen, be zoned to R-6 in order to create uniform zoning with the territory an- nexed through the "BLOCK 19 ANNEXATION" which was zoned to R-6 by the Aspen City Council on March 13, 1989, by the adoption of ORDINANCE NO. 2 (Series of 1989). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That is does hereby zone Lots K, L, M and N, Block 19, City and Townsite of Aspen to R-6, which lots are presently zoned R-15 on the Official Zone District Map of the City of Aspen. Section 2: That the Zone District Map be,and'hereby is amended to reflect the zoning described in Section 1 and that the Planning Director is hereby authorized and directed to amend said map to reflect the new zoning. Section 3: That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. - 1 - Section 4: A public hearing on the Ordinance shall be held on the day of , 1989, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be pub- lished once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of 11 1989. ATTEST: WILLIAM L. STIRLING, Mayor of the City of Aspen Kathryn S. Koch, City Clerk of the City of Aspen FINALLY, adopted, passed and approved this day of 1989. WILLIAM L. STIRLING, Mayor of the City of Aspen ATTEST: Kathryn S. Koch, City Clerk of,the City of Aspen - 2 - RE- ZONINGFROm R-15 To R-6 LLEY BLOC K 19 21 0" wlDE) O � S SCALE 10 FT 0 to ?o I F"771 05 15 ?-!5 LEGEND & NOTES \A0,N x U 11A -T- 0 = 0 t-) T114 VZ> P vzt,(o y \^,/ / , r-Ap AS NOrCO � ) T-720t<A 1959 PL-pl-r OF THE C-t-TY OF /A2=,5z'EN > 9 80 C> S 750 09' 1 C E 120 on' ) L9,4 5 / 5 OF PEAR/AG W HOPKINS /\VE (EXTENDED) 5600 WIDE ?J -T- I X co OD W.= MAIN ST —`7 (D 2-! IAROLT NNEXATIONS 4 ADA2 W H 0 P K I NS 0 MS SUB VICINITY MAP SCALE I" - 200 FT TRACFIi FROM CITY OF ASPEN 50.00' LEGAL DESCRIPTIGN LOTS K,L,M, AND N, BLOCK 19, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. SURVEYOR'S CERT[FiC A-l"LE-7 I. DAVID W. MCPRIDE. CASPEN SURVEY EN511'!i 1 1 T, SURVEYOR IN THE STATE OF COLORADO, DO lit l !ty PLAT AND SURVEY WAS F'eF:P,-)Rr-D III`1T-lf--R I" 1.7T CORkEcl TO THE BEST, OF I,!y AND Hi i.A . ......... -N -�E VEY EN5INER�,, INC., oI IST. l ell-7 oi' PREPARED By Aspen Survey Engineers, Inc. 210 S. GALENA S T. P.O. BOX 1506 ASPEN, COLORADO 6161Z (303) 925-331C JOB NO 1,805r'