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HomeMy WebLinkAboutlanduse case.boa.801S-Monarch.001-73 APPEAL TO BOARD OF ZONING ADJUSTMENT CITY OF ASPEN Da~e: January 19, 1973 Case No. 73-\ ApJ1ellant: Ad4ress: Mountain Queen Corporation 100 East Main Street, Aspen, Colorado 81611 Owqer: Adqress: Mountain Queen Corporation 100 East Main Street, Aspen, Colorado 81611 Lo~ation of Property: Description Attached Hereto 801 S. Monarch Bu~lding Permit application and prints or any other pertinent data muslt accompany this application, and will be made a part of Case NO.l 73~1 The Board will return this application if it does not contain all the facts in question. Des~ription of proposed exception showing justification: PROPOSED EXCEPTION ATTACHED HERETO Signed: MOUNTAIN QUEEN CORPORATION Provisions of the Zoning Ordinance requiring the Building Inspector to forward this application to the Board of Adjustment and reason for!not granting permit. (See Below) Status Signed PER~IT REJECTED DATE APP~ICATION FILED MA I IJED DECISION DATE DATE OF HEARING Secretary Applicati~n is made for a building permit to build a multiple family dwelling. The propo$ed multiple family dwelling will be approximately 36' above the finished ~rade of the building or approximately 54' above the grade reference point at the centerline of Monarch and the north property line which is the reference I point required to be used by Sec. 24-9 (e). The maximum permitted height is!28' Sec. 24-6 (a). <1 c ~ NOTICE OF PUBLIC HEARING Case No. 73-1 BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO ALL }lROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Offi~ial Code of Aspen of June 25, 1962, as amend- ed, a p1~blic hearing will be held in the Council Room, City Hall, Aspen, Colorado, (or at such other place as the meeting may be then adijourned) to consider an application filed with the said Board olf A,dj ustment requesting authority for variance from the provisions of the Zoning Resolution, Title XI, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state YOtlr views by ] etter, particularly if you have objection to such valriance, as the Board of Adjustment will give serious con- sideratlion to the opinions of surrounding property owners and others laffected in deciding whether to grant or deny the request for var:iance. The par:ticulars of the hearing and of the requested variance are as folllows: Date anld Time of Meetin2: D~te: January 25, 1973 T~e: 3:00 p.m., City Council Chambers Name a~d Address of Applicant for Variance: Name: ~ountin Queen Corporation AddresJ; lOO East Main St, Aspen, Colorado Locatiqn or description of property: Location: Description' Lots 45, 46, 47 and 48 and parts of Lots 25, 26, 44 and · 49 of The Little Chief Lode, M. S. 5850 Variange requested: Clarification of the strict method of measurement for height of buildings. Duration of Variance: (Please cross out one) i~~f!fx Permanent THE CITY OF ASPEN BOARD OF ADJUSTMENT BY "\ Chal.rma~ ~ ~ PROPOSED EXCEPTION - CASE 73 The proposed exception herein applied for is a height variance from an impractical application of Section 24-9(e) of the Official Code of the City of Aspen, adopted November 22, 1971, page~ 1511-1512. It is requested on the basis of hard- ship inflicted by strict enforcement of the Ordinance; and on the further grounds (I) that special conditions and circum- stances exist which are not a result of the actions of the Applicant, (2) that special or extraordinary circumstances apply to the subject property that do not apply similarly to other properties in the same vicinity and zone, (3) that the granting of the variance will not adversely affect the general purpose of the comprehensive general plan, and (4) the Appli- cant's feeling that the existing Code is ambiguous and needs constant interpretation for each building site which does not constitute a horizontal plane, all valid reasons for granting a variance under Section 2-22(d) of said Code. The Applicant and the Aspen Skiing Corporation, in order to provide suitable access to the newly located lA lift and to improve the lower part and finish area of the Roch Cup race course, will have to recontour part of the ski hill and the Applicant's property, as outlined in the correspondence from it dated January 17, 1973, and attached to this Application. A portion of the property to be recontoured laps over onto or encroaches upon the subject property and property adjacent to the subject property owned by Spar Consolidated Mining Company. The logical way to accomplishing the recontouring for proper drainage on the subject property and better skier access would be to raise the grade of a substantial portion of the subject property above its present configuration. We are informed and believe that this would be accomplished merely by placing the slope back in its original configuration. Ap'proximately eight years ago, the Aspen Skiing Corporation altered the original . , \ i I I I .~ ...., containing 34,500 square feet (.76 acres) of property with a double contour configuration 'created by the bowling hereinbefore explained. ATTACHMENTS: (Number 1 enclosed wit~ Notice to adjoining owners. All others filed with City Clerk) (I)' Cross Section Plat of subject property and proposed structures showing maximum height from approximate, finish grade. (2) Plot Plan. (3) Contour Plat showing double contour and approxi- mate finish grade after' Skiing Corporation excavation. (4) ,Property Description. (5) Letter from Aspen Skiing Corporation. - 3 - .. " " .. ., .. .... . t, , , ; l ',' . ; '., ',~., : '. .. ~ . , . . I ' j , .' >:~:;_:~\' :'/:., : i) .J. ..... . ~. ...~ I f" ~ ~.. . :\::; ,~~:"~',::+:" ' ",.' ~.. ,.. '.",. r;,,~\' , " I" ,.!..;" ," ", " " . t _<0 ,';' / ." .... 1'.'; ,::O"f";~. ~~.' .:' ~... .:.:~, '.:',', . ~.."l ,J.,. ,. . . ~ ~l. ...,..~.~:... ~' )....,., .. f r. . '* ,"," ;.~'. , . '" .' ' ~ < '- . .; . . I" :4'1' ' ; ,,~ f ' t: , J 4",. ~ ~/ i. . ': . ., ~~., ,~. , ,1" ,~ " ." " I . "" '. i . .. ~ ," ,f, ~I' " , .f!' . ."OO -4' , .. . f ~ .." .' : r j ~ "....':, , - '~ I .:. "-'- ''"'fot ...............,~, .. ,. .... AGREEMENT THIS AGREEMENT, made between MOUNTAIN QUEEN OORPORATIO~ a Colorado corporation. (herein referred to as "Mountain Queen"), and the CITY OF ASPEN. a Colorado municipal corporation, (herein referred to 88 "City"). WITNESSETH: '. ,1. Mountain Queen intends to develop real property on Aspen Mountain situate near the base of Aspen Skiing Corpor- . . ation's Number lA lift and the southerly end of Monarch Street. 2. In order to assist in the more orderly movement of traffic. vehicular.'skier and pedestri~n~ Mountain Queen has agreed with the 'City and with ft~pen Skiing ,corporation t~ obtain and make available land for use for a public street an4 skier's easement. , "j' ' -.. .. i !!, 3. Attached hereto as Exhibit A :~nd ~ncorporated as a:'" . . .. 'part hereof. is a plat showing an area ,o~tlined in yellow. blue" '." or~nge and green, which is the general" course of the skier's easement and ,street. Exhibits' Bthrough E ~nclusive are legal descriptions of the land' necessary ~or such uses~ . " . ~I I ;:'. , i 4. ~untain Queen agrees to grant tot~ City of Aspen I . . , an easement twenty-five (25) feet ~n width across. land owned.by " Mountain Queen as shown on Exh:f..bit"A and' as .described in Exhibit 1?e.O"'''rIZIA~ . .":~"\'.!. ' B for use to provi~e public ",access to the ski hill and the ..:,''.- Number lA ski lift of Aspen Skiing Corpora;tion 1n its present ":;~:? 'i~' location. . 5. Mountain 0ueen warrants that it is the owner in j' fee simple of the land described in Exhibit C and agrees to I grant by dedication to the City of Aspen all of its right. title and interest in and to a parcel of land twenty-five (25) feet in , " width across land owned by Mountain Queen as sho'\.7n on Exhibit \ A' ~', I . .' . . . and ,described in E~hibitC for use as a 'pub11cstreet. ,::,:, ,', "" .'., . .'\ , ' -4\ .. . . ~ . 6. Mounta~~ Queen has att~m~,ted'un8uccessfull,. to' ': .....'. . . .' . to ~ / ..~.:; I . \, ':,' > ~', ;'~:: ,~, . . .' 1 .'. T. . . .~. . . , , " ./ .... . l_ ',./ . t · ". .' .' ....~....~',f. , . ." > ~. .. .. " . .f' _ . ...1 '. .' "I! ' ''''--;0-, 'j i f"............................... ....... _...._ '+ ....,,~~....' ....~......,,,,,,...,,..........................<,~.,' ......._..-,...............~_._ __... -;';H"0'T~:~I~-- : \ I I , I .:" \ ,t ; :,.{ ~ ,,. , ,'rs. ' , \ . , j fI,. .' " . : l f '" i . - ,,' '... .' 0, , . . ''\ '. . '. -', I , ~ l' " ;" , . ~ .. '" . .. .. .' .... . :....... . ".: ,;~ ..'> t~' :_ '. : . ;, -. - . t . . I " to ..t " ,( ,;:' :.; \. ~../' . . I ." . . ._.1. ,.. ... ~ .: ~. ~ . . ~ , '. -~ ~ ~ . 'it ~ , . . . : 1 ., l , "". " ; -4 -.. ............1 acquire from Daly Construction, Inc. certain land lying easterly of Mountain Queen land for the purpose of dedicating 8 portion. of the Daly land to the City for use as a public 8treet.' The Daly land necessary to such street 1s outlined in blue on Exhibit A and 1s described in Exhibit D hereto. 7. Mountain Queen has discussed with Hans Cantrup a8 repres~Dtative of the owners of the land outlined in yellow on Exhibit A the P?sSibilityof'acquiring said land f~r use in the' -project described herein. Mountain Queen will use its best efforts to acquire said land from Hans Cantrup or the legal , , entity which ,owns it and. if successful. will grant it by dedlc-. . ation to the City: as described in Exhibit E for use 8S a public ,~:i ~J", : . .' ',; r'\~~' . , ~... , '.. .l " . ." , ~ -,I . ." , .I , ,8treet~ : / ~ , ~; -~.;' .. I '" -.. - .' t -. r 4 ; !t.. .,lo ~ .." 8. The City agrees that if the land referred to in :~ ~::~ , :f ; '. paragraph numbered 6 and 7 above is not granted to the City by ,-. <;.~:~ . :f~-t 6() Ir?:.~ . it will take such action as it :.:~ti: deems -n ~essary t~ acquire said property for use as a public ~/., street t including but' not limited to a condemnation 8uit under . ,', , : ~~ ,its right of eminent domain. Mountain "Queen agrees to pay the ! ":~"~ I': ./,' City for all reasonable and necessary costs incurred by the City ':~."~ .' ' I ~'tr ~ : in acquiring sald land, including but not, limited to the price ~ : I ::: :..- , - . r ' allocated to the land and attorneys fees, which payment shall b~ ,. :."i' ,I," made to the City within thirty '(30) days. from billing. ....~,. " '..' J', t ~ t , t. : ~ ~ It. ',;, 9. In return for making a, grant of private la,nd for '.~' "{'" f ,'~.' \ '. ~ ~ fl' ~ public use the City agrees that all such grantors shall be en-:'~ . . titled to use the area granted by'them in computing density ,.,':~ , ~~ 1 availability under City zoning in future building projects on :: J~' " ,~:,~. land adjoining the granted land. ,The City further agrees that ~' in the event it changes the zoning classification of the land "':.\: 'owned by Mountain Queen, described in Exhibit F, attached hereto, . · ,," . -", from its existing AR-l- (Accommodations and Recreation) clas.- ,!'.~ .;. c7. 1fication. 1t will. not prevent or reduce the density within: tha, ".,'.~: clevelop_~t project' asprev10usly 8ubmLtted':to.:the Board of;';.,;,:i.!' .'.; " ". . ~ :'.: .' " ..., ',,;' . I ,I. ._ ' . \ . . ", ~ \' \ .'~ " <~'.. /~\.: ."~'\':";"";::::';";'.'>' : ~. :,' . ~J , ..' I ' "" .. " J. \ , ~J ~ ' \ . . ... -.~--,_..._--.- ----'_._...__."...._........----:,~.. .. .----~.~., ,........:-:...... ......:-....-....'..., ......,-.--....-.....-.-..--:--.. '----', ",- ,-" ., ~ ,t f . .. i, ", . I I I , I .' \ : I . \, ' t i i . .. .. f'''# ; <~, , . ,. . J' Adjustment of the City of Aspen, Csse Number 72-3, and that the CITY OF ASPEN. a Colorado ',' ::::o~'~:':.:'{:~:'~':. :. municipal corporation ~'.:: - BY::'. ~ ..' t.~:., "':':'J"':"'; ~-1!lJ. . - \. ,",' . ..... ..... I ,., . .... (. . " .,. . oj" 0" ., ... . . . i.. . -, . , · . :~;':<;:.~m{:. .. ", I ,;"':, (J;. ~'..<" ,:~~ <: ',:.t ~:., .. " .',~,~>'~:i :,' .' ...; ~ ) -; J.: ~ ..' .\ ~. . , .. ,.. .- .~; t .: ~ ~;':..-'" .' .): , .. .:~". ..' .. "'. ........ ~ '9 . ill" }a;,. .. .1 ., 'i.:' ~.:- ": .\.J .t.,'. , I . " .: \< ~~.:'~: density of said project not exceed nineteen (19) units. 'Dated' this <:-;'0 day of r?J~_.t!d~ J 1972. . , tt.i ," -; .. . J . ,'. ,.. , ,. By: ATTEST: ~~ c: (!eJ ... . ....,.: .....c Secretary.':'" " '. ; '" t ::' .. '. ::: r;: . .' ,.. " ,. . 'i. ..:. r .~'. ~ ,:',:. ' . r; ~ (. r '.:','~.~. 't. ~l , .: ~: . . . :. ~ , ; .. t . ~ " .>~ ..:. .: . , \ ... ., : .. .. .., ....,..,. -, " . .... : .. ....1 " ;,~.,':~(~'~, .. :. ,I' , ~ :,,, ~.~,''''''_'~ ...~..-t.. l . tl ,: ..', '. .~. ~:.~:.:" ;. .(:; , '/ t " j ~ .' I I ;~~~~ ;~::::,~ ~.' ,......; ": j -'. 'l 1 1 ATTEST: .~ f ..... . ~ jl. : J,:~ " I : ~ , : . :-. : J ; oj L, ... .".. " \ 'I; . .i.. .'~ . if~', .. ,., '. 'I' < .' : .':~'~ '.. ~~ '.t" . . . .. . ' I...~.:t. _ ~ ...., ;< 1. , ~ , -3-. " :." , . . , .: ... I' : t f' # ,.; \0 " ~ '.. 4 " v ~ . . f ' I. . i " , ',' r: " . ; " '" :. ',' ,;. ~'~ . 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" ;.; ,.'>' '~".< ~ ',..:. \ ': . ::.,...., '. .. ,.," .. . :' .....,l..'.:,.., ~.: \, :~: '.: <.. .! '~.."": _ . i..':. .' .... : f.... . . . . s. ;.")~'::';.X:~')?:::~; . -'" . ,.... ~,: . .j.. : .1~ --of . I. .1 ".0. EXHIBIT "elf . . TRI-CO Management, Inc. Planning · Design · Surveying · E'lgineering · Construction and Management of. Land n " . , ') , '., ~, " ~ f ~. . . . . .."': . . . , .' ~ , . -. 72-103-1"4 " . ' : t' '.\ ..'~ " , . ~'."',J October 17, 1972 ", I .' . , , '. ~ - DESCRIPTION . t ., . . '. A TRACT OF LAND SITUATED IN THE NE 1/4 NE 1/4 OF SECTION 13, ~OWNSHIP 10 SOUTH, RANGE 85 WEST AND IN THE NW 1/4 NW 1/4 OF SECTION. 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE' 6TH PRIH-i-.~ CIPAL MERIDIAN, PITKIN COUNTY, COLORADO. SAID TRACT BEING, MORE FULLY DESCRIBED AS FOLLOWS: . "'.' ,~ .'.: ..':./'~.'. . . . .' ,\ ." '. .. ..,. I'\,_ . . ,. , :'. .:.;,...., . .j.. i .'... . " I . '. I :. ,'f' , , . .. ~ ; . ., , . , , .' iI -. .'. &. · ~ d' . .~.. 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'~.i , '~'.'.,;' "', .' ... . ,-, : .. ~ , " .... .~, . ~ ~ ~ -.' . , .' . '. '. ; ,.. ~ .:,:: ;~:!;.,: ,J , '. t.,: · :';:" .,:i: ~::'. '.. ~ ~ .~... ..' . . .. ~ '~'d',~'~Fr:?~.:.j'j . ~ ':" . <.- . .'~ . 4 '. ~~';:~ ~:-).::"'~:'i ' ... -",."... .'~..; 'f.... '. ,; I'" , ~ ... . 4.- -,.! ".." : :. .~ ~. _1" .. - . ' . .'.... ~<f .' ., .; , , ' :, .: ' ;' ;, . .' ,:., f~ . " ; . ,.., . I .. - .~ . ... ,.....: ,.:. ....., ~." . ,~. ;; .. t '. ~- .,~~i '. ,~_ I . C " ' . - ~ ~.. '. ~ . .. :::" "'/(~ ~ . " 11:' . ,',... . :) ~ ~ ~.. , .. . . ~ ~ I . " . .. ": '.. ." ,:.,:.,::.,,:~ .. '. - . ; ,'.. ~., ,... : - ~ -" ... . : :.: /- . ':.;:, '~~/~!;'.~:';.~~:' " ; .', I.... '.'~ , ~ -:;.. .... . .. ".. '11 "~'.;: I'~..:~",l;.~! ".',,' BEGINNING AT THE SE CORNER OF LOT 6, BLOCK 5, CONNOR'S ADDITION,. WHENCE CORNER NO. 4 OF SAID CONNOR PLACER BEARS S 75000'00. B . . ,".', ,.:' \",' . ,', . . . 3 5 . 0 0 FEET; .;,.,:" THENCE N 15049'50" E 48.24 FEET ALONG THE EASTERLY LINE OF SAID LOT 6; · ,\. .. ti. . ., ., THENCE S 75000' 00" E 25.00 FEET; t, THENCE S 15049'50" W 73.24 FEET; THENCE N 75000'00" W 84.66 FEET TO A POINT 'ON THE WESTERLY LINE ~< ,,',-, OF SAID LOT 23 EXTENDED NORTHERLY; THENCE N 20052'00" E 25.13 FEET, ALONG SAID EXTENDED LLNE TO A POINT ON LINE 3-4 OF SAID CONNOR PLACER; , .. "~:;,<.:;:/ ' THENCE S 75000' 00" E 57.45 FEET ALONG SAID LINE 3-4 !l'O TBB POIln ";~>"'~(';:,;": , ' OF BEGINNING, CONTAINING, 3294'.6 SQ.FT.', KORE ,OR LESS. \;:'.: i,.'. ",',:;';;~,.,F:;~;:; . '.' ">"} ',. , '..' '.' '...;. ,', :...,. ' I,. ,,:' : ", " , ' '~ .' :: ': .:' r ,;, ,.: '. :!, ~", ,( ,~'~ .~~11?:' ,~, -". '- ,'.. :.. ~ :..... :,:. . ~ .-. # ",' ~ ' ."~'" ~ .. I- " ...., :";" ..', ..,' '; ,,' ,', ~t\::. :'::.~,hr~:) .' :/,;..}./'~: (:,:.{~r..t';'~? " 'l:. · : ,: : ::'. ~ '_, ~. :.:~." y .>.- " , " . . ",".... ... :.. " ---0 t"",..IBIT ttD" 'wi 'TRI-CO Management,"In-c.' Planning · Design · Surveying · Engineering · Construction . . " , . and Management of land . . . .. . , : - . ., , ;.i . . . ,'. t). I" 72-103-1-' October 17, .1972 DESCRIPTION t \ ,. , .. ..." .' t '.A TRACT OF LAND SITUATED IN THE NW 1/4 NW 1/4 OF SECTION 18, TOt'lNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PRINCIPAL MERIDIAN, PITKIN COUNTY,' COLORADO. SAID TRACT BEING PART OF LOTS 21, 22, AND 23 OF THE .LITTLE CHIEF LODE, M.S. 5850, AND PART OF THE C,ONNOR PLACER, M.S. 2535, AND BEING MORE FULLY DESCRIBED AS FOLLOWS,: -.- \ ,,\ . " , " ~ '..-" . . . "-1' ."; . . ..'./ .' . . .. ""'.. f . ~ "" .: I ". ~ . , ~I : . " : \." . . ,t _" . , , " ~'~:__~'. ..1 '" " .~. ..", .' .;.~;j' " . . . . ". .', "; . .' ., +.' ~ ..' . ..; .. ~ox '/.JU~' Aspen Colorado 81611 303-925-2688 ~ '.... , " 4...., - ( " . ~ :. ,.:. '. ..; . 1I."~' .. t.', ,. 1. . f' ': .' '. . f . " ~ - '" . " .. fI ..,~. ... , f' " ;,. i ' "'. , # ~ ".; ::" ~ ~.~. ,~~ :~ ;:.. f ~ _ _~ <of~" , . . ' . , - I :1~;. ;': , ; " I... .;.. At.. ~.'" ~ ." of , . ' )\.~.~~6;;~ ".. . ;',:; .~,~,;,-: :. ~ .. . .~ \ ' '" . # . " ; , .'.f -- ~ , '. . w,,~. ~ ~ ,,' . . 'J':~ ' ~"'~:;!' ". ' .: .. :.... ~.... _: J..' .~:',:l :....'. :'~_~",~ -. , . .'. .. . i ," . , . " ..', . ~ . - .. :'. .. .....~ . .. , ~: ~.~ : ~ I . ~. ~ .. '. ., · ,....,,'. · > " :<.: ..' ',: ;A'; ~;~.'::'>. .(~ . '.:. ~"('~"'i;.<'~~. ~~.: ~ ~:- it.. · , . & "'," f' ; . . . . ' "', . f.' ~ ~ '1" ". ." .~".~"\ --: ' , . :'.,)) ~?':":~ ',~:;< ," ,. _..\~....,. . , :: ,i ':.'.~." ~ ~ . ,". , "- , ' , " "':' ,~::\ ;:,1 \;~f :r.~~' i ; "~~' ~..^'~ ~. 4. .~, " ,,-;.: "- .~, . . .. . ,. .. , , ~, \. .'~ ,', -.. '. .. ..,'. fI " . ". ..' ;. \;;"', :.~ II' ...._~.., '. , ... ~. \ . . - , . . ., ..:,:... " ',. .. t" '. f. - ... ..... ~ - . ..... I. '., .,,' 'i;~:::' ..~j.......,....~~ . ,-. ""... ". - .. , ..11I: . ,,::(., ";:":. -;-.,'. : ,.' ; ;' ,". . I '." '. ., ' . ..:', , r~; ",'~ ': '~' · ." . ,':. . ."..... ,t"", ; ;' '. 6'. ~<C . . ...... . .,~ ' .;.\ : ..,' ..: . ..,.: .! ~. ",: " :-;~:..i.:.r. , '. . <.,'".: ,.' .. " .'. . ". . ,,".'.., # :'" .... I - . , .. , ,.:,~..:" .... . . "' ,. I , '." ," . . . - I, . ~ .. , ., .. - "!' '-- ~'.". , ~"'. . . . · " . '-. j t : . ;1; .\. . .. j '.. . . :'. \' . ..i'i .', , . . " . .' ", 'i,."".:~~~', '<'\\J.\..,~.J..": 4, " \."i.~,.-..'.:'. ,j'" · · : ;..' .', '-:", ':\"'; ,"~, i''/-..o. ~ I, '..' ..r....,.~I'. "" '. '. " ,.. :..-. '"'.:. (. '..,f .\.\.....\ "." . · \. ~;;: . '. '\ , . , . oA .'. j :. -, ~ . . ;'0":'" ", .\ .' . , ,." ~ ..... :.. . . ... . . , .. ",',.. . ~ ~ . ", . ' . -. . ~ r ~ . '. ~, . . . ' , . , . Ii. .."..\4\ .' ..,,' A Subsioiary of Tr;l(!o Corporation . . ~ " . \ j d II , , '. ,', -:'.' Offices thro~gh.out the ~est . . . . .,. 'II. .~ r.~":,,~ ~ :~~~T,:l'. ~ ;;' . ::' ~~. -: '"2~: ':'~." :', ..~: ~""'. :.~ :'~ · '<", : ;',: . "'C' ,\., ~ h,..: '~ :":~" ."':'} , , ~. ",:~ .'~'\?=: -:.: ~./ ',~": :', -7~~?: \: ;r. :'.. ' .. .. " '. I: '," .'.;. ,,:. . , .. ;," : .. . . . . ; H .: " i. ," . .' : '.. .... .1 I, ..'~, ... '....~". . " '," i~ .~\ · O';c ~'J,..,. ~' t-.'"..~. . ~'.) t · , 'I. ,t,.. ., . I .' . .' ". '. . t ".. ,..." , ., "',.:: l, , .'( .:' t':;' '., ::.: ~::. "':;<:. /:l>:>,~~::; j .~' , ;.-:.. ~ . ,t ~.-;. :~".f.""t,,-'''''- , I ' . ..., . . .. ."j" .. . . ~ ",' · t .". .. ~ . ., , . ;:" . 0'" ....:. "I':.'.." , . ,', . ',' i . ~ ' . 'f ,t.' ." i .,. " . ~ . ..,~", ~ . t ~, '. ," , .; 1 pl.'" " 10... . \ " ,Jt, , , ..' .. . ,. ~ A. !.~ .. r ..' . "" ~': .' '. .\ . . - ~",t.;--:,..~~. I~ ~ ,. " ',/~'~, ..;,..- ~.'. '. ~ ,...:' '~'.' .. ... ..4. ," .. 1-"--: .. . : .. I' : . : I,' _ .'~.,.-.~ r<< -' , '".. \ r ~ . ~ ' . ..: " ~': I I II :' .~~',,:: .. .' ;. 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Box 1 730 Aspen Colorado 81611 ;:x: 303-925-2688 ' October 18, 1972 . 72-103~1 Boundary , DESCRIPTION A TRACT OF LAND SITUATED IN THE NW 1/4 NW 1/4 OF SECTION 18, 'TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE' 6TH PRINCIPAL MERIDIAN AND IN THE.E 1/2 NE 1/4 OF SECTION 13~, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL MERIDIAN, PITKIN COUNTY, COLORADO..., i . SAID TRACT ENCOMPASSES ALL OF LOTS 45,' 46, 47 AND 48 AND PARTS, OF LOTS 25, 26 AND 44 OF THE LITTLE CHIEF LODE, M.S. 5850 AND IS MORE FULLY DESCRIBED AS FOLLOWS: .- BEGINNING AT A POINT ON LINE 2-3 OF SAID LITTLE CHIEF LODE" M.S. 5850, WHENCE CORNER NO. 2 OF SAID LITTLE CHIEF LODE .BEARS N 45000' 00 "E 110.27 FEET;' " THENCE S 45000' 00" W 19. 63 FEET ALONG SAID LINE 2-3 TO THE MOST NORTHERLY CORNER OF SAID LOT 48; THENCE S 19 0 58 ' 41" W 110. 90 FEET ALONG THE SOUTHEASTERLY LINES OF SAID LOTS 48 AND 47 TO THE MOST SOUTHERLY CORNER OF SAID LOT 47 ALSO THE MOST WESTERLY CORNER OF LOT 24 OF SAID LITTLE CHIEF LODE; THENCE S 67019'58" E 61.11 FEET ALONG THE SOUTHWESTERLY LINE OF SAID LOT 24 TO THE MOST SOUTHERLY CORNER OF SAID LOT '24 ALSO THE MOST NORTHERLY CORNER OF LOT 16 OF SAID LITTLE CHIEF LODE: "0 'THENCE S 1 7 044 ' l8" W 34. 00 FEET ALONG THE NORTHWESTERLY LINE . OF SAID LOT 16 TO THE MOST WESTERLY CORNER OF SAID LOT '16; THENCE N 65046' 50" W 72.34 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 46; 'THENCE S 3 7 0 13 ' 00" W 73. 02 FEET ALONG THE SOUTHEASTERLY LINE . _. ~ OF SAID LOT 46 TO THE MOST SOUTHERLY CORNER OF SAID LOT 46; THENCE N 83051'10" W 78'.68 FEET TO A POINT ON LINE 2-3 OF SAID LITTLE CHIEF LODE, SAID POINT BEING THE INTERSECTION OF AN ~SPEN SKIING CORPORATION LEASE LINE AS' DESCRIBED IN BOOK 235 AT PAGE 80; THENCE N 11025'30" W 278.24 FEET;' THENCE S 70003"10" E 132'.69 FEET; THENCE S 750 00' 00 n E 128. 88 FEET 'TO THE POINT. 'OF' BEGINNING,. ,- CONTAINING' 0.983 'ACRES MORE OR LESS.' " ' \ -:: , ~ . " ' . -:;. ~ {'. . , . . ' ,~. . I , ~, ,. ... I.., ..... . . ; , .... A Subsjdiary of Trico Corporati.on · Offices-throughout the West . . -'. ' . ~':. ': ~ . ,. ; '~.: '.1,<1.,:.;., ~ l:i <""\'~I,:!..\;,\i . ',', \.' " ,: .' 'l ~, '," "': '~"", : .\04, 1 '".~.': ' . , ~, ~ \' '."". .'.;. 'r .' " , ,,", I I~: t ".p~" :.,' '/ ' ': '''.P"":,,, :. " f . . ;'.. , I ,.'. . )' f,: , \ 4 " . ' : .' J, j ,~, 1 \ , ' '.' '. ~ ,'\ ,', \. \ 1."1 I" \ ' I . . I ' , . .'.. 'i ~, " l" ',I : \~, I . ' , i \ I . '!', ' ,\ '" I," t' '.'. ),\~.. l r,' ,'t t.}:.' \ ',' , ,':,,'..:: ::, ,:, ;' .',''''', "'i' ':'.: :: .', ,. ,'", /'< ,:/,?:,~..., ; ~<::.~: ',',> ,,' ( \', ,~',<\'~j,~~ ~;/,l :':'}i:~ It , I ." ,I \. , \ I . " f,' I ,. ' \ 1 ." , '\' I ,,' i' \~ } ... ".,' .'. '., · \ \'," I I I. " : I 11 I... ' : \ 1 ' ....., " 'I · '. . ,. \' I . . , . '. \.'.. I , ! (j ,. ". '" I ,. , , I l , I \. ' t f.. j , . i ' \, 1 , . I I ., ,.. \ "" I, If' '. ,';,', I ': ,If "', ~ "I., \ 'I',' .4..'~, t,- 1\ ",,'f . , .' .' ,:,. . ~" '. ' , ',' :.\',' ""'''', , , I: I I "','" ',' f" i I . . ;\~' · :'.' ': .:~ ' .'~ \ " , . ,( : . I. I '" ~ . \ ~ j' '.. ..." .'," I '! . .. ,', ' I .j" J, . \ i.. . f" , 'l ' " ,t' '. \I',: ',:.', I." "1 . 'I~"t,:~",. :..,1",.... ': . il~ 1'1.",',' \l";\. ~~ ,\ , ". .,': '. " ',' , ,. '\' " \ '. ,', .1 . ,.', : 'I. f " . { , ," I I, , ! J,' · \"..' "',. r ',... t , ,I \ ' "':. 'f... ,.f f f, '., Ii.... ,. . .' " .. ,; : \ , · ",' """ d ,..' ,; t .,. 'I' · i , · t. ' '. . I t If'" I l..' "~ i. . "~",' Ii", "" , '1 dr',' j , .! ,I . , , '.' ",' I ", , r,,' \' '. t" ,', . ~\'l It \ . n,..", , '\", . . , ' ,I ',', ' , \ ' , ".':':~ ,I, " . ' , !. , , I , ! '\, . . '. '. .~ , i " , ' 1 RECORD OF PROCEEDINGS 100 Leaves FORM!O C. F. HOECKEL 8. ,~. ! L. co. . .- ~ular Meeting Board of Adjustment January 25, 1973 ,-Meeting-was called to order by Chairman John Dukes at 3:10 p.m. with Remo Lavagnino, Charles ~aterson, Fred Smith, and Gilbert Colestock present. Charles Paterson made a motion to accept the minutes of January 4, 1973 as written and mailed by the Secretary. Seconded by Fred Smith. All in favor, motion carried. 72-28 McCoy Mr. McCoy's case was continued for the lack of a full board. Mr. Lavagnino stated he~was originally against granting this variance.As a temporary. grant of variance and as the ad- jacent owners have no objections, agree, as long as it is taken down by April 30, 1973. It is not a permanent structure and would have no adverse effect. Mr. Smith pointed out that there is no hardship i~nvolved, he had a court order to stop building and he went ahead irregard1ess of such. Mr. Lav- agnino said that he felt that Mr. McCoy had been reprim8nded as he can only be expected to pay so much for what he has done. He asked Mr. Meyring if there was any recourse to action if Mr. McCoy hadn't taken this structure do~vn by April 30, 1973. Mr. Meyring sa id tha t he would report to the court that Mr. McCoy hadn't followed the mandate of the Board of Adjustment, the suspension against Mr. McCoy from the Municipal Court, would go into effect. John Dukes read into the minutes a letter from Ellen Harland stating ttlat she was in accoJ:~d 'witll granting the variance if it was no later than April 30, 1973, to have the removal of the shelter completed. Charles Paterson made a motion to grant a temporary variance to Mr. McCoy on the basis th~t no permanent adverse effect of the comprehensive plan and that this horse shed structure in question, shall be removed on or before April 30, 1973. Gilbert Colestock seconded. Roll call vote: Charles Paterson, aye; Fred Smith, nay; Remo Lavagnino, aye; Gilbert Colestock, aye; John Dukes, aye. Motion carried. 72- 28A. James Mokres John Dukes read the particulars of the reouest for a variance to build an addition to a one family dwelling, permanent var- iance requested. Mrs. Mokres was present and said the drawing of the addition was not true to how it will be. It would be approximatel.y 104 square feet, and they are going to restore the Vic~ torian house and remove the boxed in front porch. Mr. Meyring said that the set back has not been surveyed. Mrs. Mokres said that the sale of the house is contingent with survey. Mr. Colestock said that he would like to see the survey first. Mr. Dukes asked Mrs. Mokres to bring in the survey and they they would know if it is written within the building codes. Mr. Lavagnino said that the variance might be on the basis of extending a non-conforming use of 8 setback. Mr. Duk~s stated that they would like to have a survey so that Mr. Meyring could ascertain if there were other variances or other problems that are not within the code, this would make i.t siml)ler. for everyolle involved. Mr. \. FORM ~Il C. F. HOECKEL B. 8. & L. CO. RECORD OF PROCEEDINGS 100 Leaves Regular Meeting Board of Adjustment January 25, 192: Meyring stated that now it is a conforming lot, Bnd they are spliting it into two 30' lots. There are two buildings on this lot, and they'were built before you had to connect the buildings. 72-29 Vrany & Wolf 73..l Mt. Queen Corp. .The Board asked for a plot plan and survey tOe be brought to Mr. Meyring and to continue the case. Mr. Dukes read the particulars of this variance, request for stairway addition to a non-conforming building, permanent var- iance requested. Mr. Vrany was present and said that they were going to replace an existing staircase between the Fo'c'sle and Cooper Building. The staircase that is there now is 3' wide, and the one that they are putting in is 6' wide, and it will metal and en- closed. Mr. Meyring stated Ehat the building is 8 non-conforming building and the addition will be somewhat larger, but what is there now is a fire trap. This would be a vast improve- ment, and it will meet the building code. The Commission reviewed the plans. Charles Paterson said that this is much more ideal from a safety standpoint. Mr. Oates, representing the Cooper Building, said this is a joint venture with respect to this matter, certainly will live up to the party wall agreement, we merely ask that the pro- jectbecoordinated with the joint venture and on that score there are no objections. Remo Lavagnino made a motion to grant the variance for the im~ovement will bring the stairway up to code and will secure public safety and welfare and will have no adverse effect on the general comprehensive pla~~ Fred Smith seconded. Roll call vote: Fred Smith, aye; Gilbert Colestock, aye; Remo Lav- agnino, aye; Charles Pa terson, aye; John Dukes " aye. Motion carried. Mr. Dukes read the particulars of this variance for clarifi- cation of the strict method of measurement for height of buildings. Herb Bartel arrived Mr. Oates representing the law firm of Clarks, Oates, Austin & McGarth, who represent the Mt. Queen Corporation, presented model layouts. Proposing to develope a site that lies above the 700 Monarch Building and Steve Wendle's property. Mr. Oates sta~ed that he had just met with Joe Edwards, who represents the 700 Monarch Building Condos and they had dis- cussed the concept and why the request was desired. Attorney Oates agreed with a continuance of the hearing as requested by Attorney Edwards, in order that Mr. Edwards could confer with the Board of Directors of the 700 Monarch Condos. Attorney Oates reviewed with the Board the model showing placement of the facilities, discussed the problem of base \ RECORD OF PROCEEDINGS 100 Leaves FORM 50 C. F'. HOECKEL 8. B. a L. co. Regular Meeting Board of Adjustment January 25,197: *for measurement of height caused by excavation by the Aspen Ski Corporation. Attorney Oates pointed out that the build- ings on the ends were within the height code as written now, but tl1e three buildings i!l the center were above the height regulations. Mr. Oates said that .if this variance were not granted it would mean that they would have to re-design the buildings, and have them spread out over the lot in a higher density pattern. Mr. Oates submitted for the file the agreement between the Mt. Queen Corporation and the City of Aspen. . The Board requested that a site plan showing the height and layout of facilities be submitted. This matter was tabled until Joe Edwards could contact the owners of the 700 Monarch Condos. Charles Paterson made a motion to aqjourn the meeting at 5:15 p.m., Remo Lavagnino seconded. All in favor, meet- ing adjourned. I /---~ / cording See. -' . 1 MOTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN Case No. 73- The next matter to come before the Board of Adjustment was the matter ofa request for a height variance made by Mountain Queen Corporation, a Colorado corporation. This matter had been continued by the Board from January 8, 1973, to this date upon the request of Mr. Joseph E. Edwards, Jr., counsel for the 700 ~narch Condominium. This request for a continuance was joi~ed in by counsel for Mountain Queen Corporation, Leonard M. Oat~s. At the hearing this date, Mr. Oates advised the Board that the 700 Monarch Board of Uirectors had determined that it was not their desire to oppose the request for the variance. He explained that a number of 700 Monarch owners had come to the office of the architects for a detailed explanation of the plan, and he felt that everyone was satisfied that this was the best solution in development of the property. Mr. Oates, in conjunc- tian with Tim Hagman and Robert Hurt of the architectural firm of ;Copland, Finholm, Hagman & Yaw, Ltd., presented vertical and cross-section elevations with respect to the completion of the appurtenances to be placed in the property in the form of a tennis court, underground parking structure, manager's quarters to be of a size of approximately 900 to 1,000 square feet, a sw!m~ing pool, swimming pool facilities and vertical circulation structure. Mr. Hurt and Mr. Hagman explained how, in their design criteria, they had made efforts to make the minimum visual impact on the surrounding property by virtue of the development of the project. Whereupon, upon motion made by Remo Lavagnino, and seconded by Fred Smith, the following motion was unanimously passed by the Board granting the variance as hereinafter set forth under the following terms and conditions. 1. A variance is hereby granted to Mountain Queen Cdrporation to construct within the height envelope, in accord- .. ..... .. anlce to the design as shown in the cross-section and site plan on, file in this cause a.nct attached to these minutes as Exhibits A land B, said variance being expressly granted for the real ~-""'~..--!-'~,.-. ~"... pioperty described in the applicant's application herein. 2. That said variance is granted on the assumption that the -Aspen Skiing Corporation will perform some recontouring work in close proximity to the existing Roch Cup Ski Race finish at the base of Aspen Mountain and that the said recontouring will somewhat modify the grade of the applicant's property, but upon th~ further condition that said contouring does not, in the oplinion of the City of Aspen Building Inspector, create an abnormal grade by mounding or creating a depression, the intent hereof being that any recontouring done in order to accommodate the applicant's building creates a flowing natural grade line for the subject property. 3. That as a further condition of the variance granted, the structures appurtenant thereto, as shown in Exhibits C, D / and E on file herewith, be constructed substantially according to the way that the same are shown thereon in relation to the pr<lperty. 4. It is a further condition of this grant that the applicant, by virtue of its condominium declaration, restrict further development of the property of the applicant by prohibit- ing any additional condominium units to be placed thereon. 5. That as a further condition for the granting of this application for variance, the applicant agrees to full coopera- tion with the Aspen Fire Protection District in providing a sound and workable fire protection system for the improvements to be er~cted on the subject property. 6. That this Board maintain continuing jurisdiction ,~~!t,h r~s~~~~\ torite variance herein granted by and through the ., ktkin--Coun-t-y Bui~ding Inspector as its agent, to insure the development of the property in accordance with the intents hereof. Mr. Oates assured the Board that the City would obtain the full cooperation of the developer and agreed that he would - 2 - . _....~ -- .. provide a letter from Mountain Queen Corporation with respect to the matters contained in the motion of an affirmative nature, i.~., cooperation on fire protection and a covenant respecting '-'f~~ther development. He indicated that it would be necessary to delay the covenant with respect to development because that would be contained in the condominium documents for Mountain Queen and ag~eed the agreed procedure of the Board was determined to be that Mr_~." Q~:es _~repare>'1;h~ion in this cause and deliver it to the Pitkin County BUil~ipg Inspector where the same could be ex~cuted by all of the members of the Board and filed with the m~nutes of this meeting. The foregoing is approved and accepted as the action of the Board of Adjustment of the City of Aspen as of its meeting of February 8,1973. J. /' Charles Paterson Remo Lavagnino Gilbert Colestock , Fred Smith, Jr. J - 3 - R,ECORD OF PROCEEDII'~GS 100 Leaves FORM so C. F. HOECKEL B. 8. a L. co. Public Hearing Aspen Board of Adjustment September 23,19ZJ Meeting was called to order at 5:00 p.m. by Chairman Eleanor Hubbard with Jerry Hobgood, Remo Lavagnino, John Du'kes and Charles Pa.terson. Also present was Building Inspector Clayton Meyring. 'CASE NO. 71 - 15 KASTELLIC Case continued and new material was submitted by Attorney Leonard Oates, which included page from the County Board of Adjustment minutes. Mr. Meyring reported the Planner had done some research on this property and he connot determine where the RMF zone is on the south side. It does not agree with the Master Plan. Mr. Oates stated they would be willing to set the line or would definately pursue this through the Planning and Zoning Commission to get it settled. Photographs of the general area were submitted. Letter submitted from Gene Ingham opposing the variance was read. Chairman Hubbard closed the public hearing. Hobgood moved to deny the variance because it was not shown from the City to County zoning resulted in a hardship to the property owner; the major portion of this property remain in the same zoning catagory R-15, the fact that a small portion of the property across the Roaring Fork is zoned AR and small portion ()f property along the north edge is zoned Rl1F are not special or extra-ordinary circumstances to allow addition of a non-conforming use. Se- conded by Dukes. Roll call vote, - Dukes aye; Paterson aye; Lavagnino aye; Hobgood c3ye; Hubbard aye. Motion carried. CASE NO. 71 - 16 VIVIAN JONES Chairman Hubbard read the particulars of the case, requested on side yard and rear yard setbacks. Premises located at 610 Francis St. Requested to add another single family dwelling on the property. One existing dwelling. Consent forms by adjacent property owners were submitted. Attorney Delaney presented and reviewed with the board a sketch of the property in question. Plans were also' reviewed. Discussed extension' of the present victorian cottage to the east and north that would bring the dwelling up to the re- quired 600 sq. ft. Mr. Delaney stated they felt the lot sizes have caused a hardship. Question being what can be done with the lot if this is n0t 8pp~ roved. Mrs. Jones had studies made to ascertain an answer to this question and it was determined either a duplex; or connect the two dwellings. Feel the logical thing to do would be to leave the existing structure as an acc- essory b\lilding and build to the south. Other structures in the neighborhood of this kind. Since the property was acquired considerable work has been done to upgrade the prop~rty i.e. landscaping etc. The quality of the neigh- borhood should be taken into account, it has a victorian character and high density should be discouraged. To enlarge this structure 'vould fit the aesthetics of the neighborhood. RECORD OF PROCEEDINGS 100 Leaves FORM 50 C. F. HOECKEL B. 81 a L. co. Public Hearing Aspen Foard of Adjustment Sep~ember 23, 1971 Mr. Meyring po~nted out with the three lots there is 9,000 sq. ft. Mr. Delaney stated there are several structures in the neighborhood that are built to the property line and access is no problem. Mr. Meyring stated plumbing and electricity were installed about 2~ years ago. Mrs. Jones pointed out the one lot was held in separate ownership prior to the zoning ordinance. Mr. Meyring stated the previous request was denied based on the dwelling not being brought up to the 600 sq. ft. requirement. Chairman Hubbard closed the public hearing. Lavagnino moved to grant the request for variance to allow the remodeling of an existing structure as a single family dwelling and to allow the setback variances; it has been established chat the property legally described Lot Q, Block 21 is a legal building site for a single family dwelling because con- crete floor was 1ayed prior to the acquisition of this property by the Jones; practical difficulties would be such as to render it impossible to move the cottage to conform to setback requirements. It is felt that to remodel the existing structure would not be detrimental to the community and would have no adverse affect on the comprehensive general plan; there was no attempt to circumvent the spirit of the zoning ordinance since the property owners could have legally built a larger structure. Seconded by Paterson. Roll call vote - Paterson aye; Dukes aye; Lavagnino aye; Hobgood aye; Hubbard aye. Motion carried. CASE NO. 71-17 WILLIAM BEAUMONT, Chairman Hubbard opened the public hearing and read the particulars of the case. Request to build an addition to an existing accessory building, set- backs (side and rear) would not meet the requirements. Premises located at 302 E. I{~pkins. Correspondence from Mrs. Van Loon was stated as being in favor of the var- iance. tetter from B. Harris in favor of the variance was read. Mr. Francis Whitaker was present and stated he felt there were unusual cir- cumstanc~s in this case, dwelling is a single lot 30 x 100 and we need to encourage people to live in the downtown. Commercial development on this lot would be allowed to build up to the property lines, with no setbacl< req.lliremtents .~ Mr. Meyring stated this is a remodeling plus an addition, the use of the building will not change. This is a single lot and has been held in sep- arate oWlllersl1ip. Discussed making the new dwelling smaller .in order to meet the setback re- quirements. (These minutes were never typed or transcribed by Mrs. Reggie Holste. These minutes came to the attention of the City Cler'k in December of 1972 and were taken from a tape of the meeting which was found in the Building Inspectors Office. The remainder of the tape does not exist - goes into a Council meet- . ~ ~. RECORD OF PROCEEDINGS FORM ~o C. F. HOECKEL 9. B. 8: L. CO. 100 Leaves Public Hearing Aspen Board of Adjustment September 23, 197~ ing and apparen~ly Mrs. Holste turned the tape off. Therefore, the remaining portion of the meeting is not available. From discussion with the Building Inspector, it appears thi~ variance was granted to the applicant building permit was issued. Dated this 1st day of February 1973. To: City of Aspen Board of Adjustment From The Mountain Queen Corporation Re: Redesign of roof line and variance envelope previously granted. Date: March 28, 1973 The roof design shown on the enclosed drawing is proposed for the project and will reduce the overall height profile from that approved by the Board of Adjustment. The architects and client feel that the new roof line will result in a "less visible" building. While the proposed roof line is lower than the overall height envelope approved by the Board it requires Board approval because it projects above the "step down-flat roof" portion of the roof line. THE MOUNTAIN QUEEN CORPORATION ~_ ~/'2)> ~ ~ By ~./I ." .a-~, L-~ v " MOUNTAIN QUEEN CORPORATION Aspen, Colorado Board of Adjustment City of Aspen P. O. Box V Aspen, Colorado 81611 Re: Height Variance for Mountain Queen Project Gentlemen: Pursuant to the variance granted us by virtue of a motion made at your regular meeting held on February 8, 1973, Mountain Queen Corporation would advise you that it is in complete accord with the conditions placed upon the granting of the variance and will fully comply with the terms thereof. We will provide you with any docu- ments or instruments which you may find necessary in order to be fully satisfied as to our compliance with said conditions. Very truly yours, MOUNTAIN QUEEN CORPORATION ,() L Ct;~1/(- / -~'U.(Ji~I;, '..~ /j c' ~ .TRI- 0 Management, Inc. Planning. esign. Surveying · Engineering · Construction and Manag ment of land Box 1730 Aspen Colorado 81611 303. 925. 2688 November 22, 1972 File:' 72-103-1 Boundary DESCRIPTI,ON A TRACT 'OF LAND SITUATED IN THE W 1/2 NW 1/4 OF SECTION 18, TOWN,SHIP 10 'SOUTH,' RANGE 84 WEST 'OF THE' 6TH PRI'NCIPAL MERIDIAN AND IN 'THE E 1/2NE' 1/40'F SECTION '13,,', TOWNSHIP 10 SOUTH, RANGE 85 WEST 'OF THE 6TH PRINCI'PAL MERIDIAN, PITKI'N COUNTY, COLORADO. SAID TRACT :ENC'OMPASSES ALL 'OF LOTS 45, 46, 47 AND" 48 'AND PARTS OF LOTS 25, 26, 44 AND 49 OF THE LITTLE CHIEF LODE, M.S. 5850 AND IS MORE FULLY DES'CRIBED AS FOLLOWS: BEGINNING AT 'A POINT ',ONLINE 2-3 'OF SA'ID LITTLE CHIEF LODE, M. S .. 5850, WHENCE CORNER NO'. 20F SA'ID LITTLE CHIEF LODE BEARS N45QOO" 00" Ell'O.:27,PEE'T 'AND ,THE NW CORNER OF SAID SECT,ION '18 BEARS N'OIO 00 '.57" W '1309'. 03 'FEET; THENCE S 45000" 00" W19'.63 'FEET 'ALONG SAID LINE 2-3 TO THE MOST NORTHERLY CORNER OF ,SA'ID LOT' '48; THENCE S 19058 "41" W '110.90 FEET 'ALONG THE SOUTHEASTERLY LINES OF SArD LOTS' 48 AND" 47 TO THE, MOST SOUTHERLY CORNER OF SAI'D LOT '47 ALSO THE MOST 'WESTERLY CORNER OF LOT 24 OF SAI'D LITTLE CHIEF LODE; - ' THENCE S' 67019'58" E' 61.11 FEET 'ALONG THE SOUTHWESTERLY LINE OF SAID LOT '24 TO THE MOST 'SOUTHERLY CORNER OF SAID' LOT ~24 ALSO THE MOST NORTHERLY CORNER OF LOT 16 OF SAID L'ITTLE CHIEF LODE; . THENCE S 17044'18" W 34.00 FEET 'ALONG THE NORTHWESTERLY LINE OF SAID LOT 16 TO THE MOST 'WESTERLY CORNER OF SAID LOT 16; THENCE N 650 4 6 ' 50" W 7 2 .' 3 4 FEET 'TO A PO INTONTHE SOUTHEASTERLY LINE OF SAID LOT 46; THENCE S 370131'00" W' 73'.02 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT '46 TO THE MOST 'SOUTHERLY CORNER OF SAID LOT' .46; THENCE N 83Q51' 10" W' 78'.68 FEET 'TO A 'POINT 'ON LINE 2-3 OF SAID LITTLE CHIEF LODE; THENCE N110,25'30", W 278.,24 FEET;' . THENCE S 700031'10" E 132,'.,69 FEE'T;' THENCE S 75000"00" E 128'.88 FEET' -TO THE POINT 'OF' BEGINNING, , CONTAINING' '0.'983 'ACRES MORE OR LESS.' ~. A Subsidiary of Trico Corporation · Offices throughout the West . ASP ENS K I I N G COR P 0 RAT ION · BOX 1 2 4 8, ASP EN, C' 0 l 0 . 8 1 6 1 1 · P H 0 N E 3 0 3 / 9 2 5 - 1 2 2 0 January 17, 1973 Board of Adjustments City of Aspen Aspen, Colorado 81611 Gentlemen: This letter is written in connection with our agreement involving the exchange of land near the base of the No. lA lift with the Mountain Queen Corporation. Several years ago Aspen Skiing Corporation did considerable re-contouring of the ski hill which lowered the grade level on portions of the land owned by Mountain Queen Corporation. As a part of our agreement with Mountain Queen whereby the City acquired the circular street around the 700 Monarch Condominium and the skiers' easement to the lA lift it was agreed that re-contouring necessary to relocate the Roch Cup race course and to improve skier access to the new lA lift would be jointly done by Mountain Queen and the Aspen Skiing Corporation. Mountain Queen, in the process of designing their apartment building has asked us what these new finish contour grade lines will be. It is impossible at this time, however, for us to accurately determine our finish contour grades. Therefore, we would suggest that the Mountain Queen Corpor~ ation be permitted to plan and construct its three story building using a reference elevation point which will be finally determined on the ground from the finished contour grade lines on our joint properties. This is necessary in order to keep from creating a possible hardship on the Ski Corp. by virtue of the Mountain Queen building possibly being placed lower than the elevations we may have to establish in order to create good shaping of the slope and to provide proper drainage. Yours very truly, ASPEN SKIING CORPORATION ASPEN MOUNTAIN B~ / Ii-~ Tom Richar son Vice President and General Manager BUTTERMllK/TIEHACK SNOWMASS