HomeMy WebLinkAboutcoa.lu.ex.Mill St Venture.1976Mill St. Venture - 1976 828_
Subdivision Exemption
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r DESCRIPTION
The property -is legally described as:
A tract of land located within the NW-4 SW-4 in Section 7, T10S,
R84W, in the 6th Prencipal Meridian, described as follows:
Beginning at a monument "O-6A" set by L.S.2568 being 0.5 feet
west of a fence corner in place, 50 feet easterly measured at
right angles from the center line of the track of the Aspen
Branch of the D&RC railroad Company, and being 1124.9.6 feet
_south 39058'22" east from the 144 corner of Section 7, TlOS,
R84W of the Sixth Principal Meridian (1954 BIM Brass Cap)
said point of beginning being the 147.4 corner of property
described in deed to Sam L. McKin.ley recorded March 29, 1955,
in Book 177 at Page 620; thence along the boundary of said
property the following courses and distances:
On a curve to the left with a radius of 668 feet a distance
of 222.1 feet to monument "0-.7A" set by L.S. 2568 (chord bears
South 25040'02" east 2z1.1 feet); and South 66Q48'31" east on a
line with monump.nt--^" set by L.S. 2568 151.00 feet to tFie�
west y line of rill Street; and north 1p°05'07" east 240 feet
along the westerly line of Mill Street; and north 10 3 2'30" west
63.00 feet; and south 84.019' west 303.00 feet along a fence line
in place to the point of beginning.
County of Pitkin, State of Colorado.
Except that property as described in dded to Edward 11. Morse, III
recorded November 21, 1974, in Book 29,3, Page 873.
-11-
LEGAL DESCRIPTIOX
' The property is legally described as:
IA tract of land located within
hin the MJk SW%
R84w, in the 6th Prencipal Meridian ` in Section 7
� describe � T10S,
Beginning d as follows:
o at a monument "0-6A"
I west of a fence corner set by L.S.2568
in place, 50 feetbeing 0.5 feet
right angles from the center trackeasterly
' Branch of the ., line of measured at
D&Ru Railroad l the track of the Aspen
south 39°58'22" east from theojlpany' and being 1124.96 feet
� R84[J of
the Sixth Principal a corner of Section 7, TIOS,
�i said point of bey' p Meridian (1954 BLPi Bras
described -inning beingthe My s Cap)
j in deed corner of
in Book to Sam L. McKinley recorded property
177 at Page 620• March 29
propertythence along the boundary 1955,
the following courses and distances: y °f Said
j On a curve to the
left of 222.1 feet to monument
a radius of
South 25040'02" 0-7A" 668 feet a distance
I east men set by L.S. 2568
line with monument 1 feet), and South 66° ,(chord bears
westerly w0-8A" set b 48 31" east on a
line of Mill Street; y L�S' 2568 151.00 feet to the
along the westerly line of and north 190051
63.00 feet- dill Street; 07" east ?_40 feet
> and south 84°1g' > and north 1003213011
Place to the 00 feet a 30 we
in west 303.
point of beginning. long a fence line
County of Pitkin, State of Colorado.
Except that property as described
in dded to Edward IV.
, 1974, in Book 293, Page 873. Morse,
I�'oV2mbEr 27 III
-1 1-
< LEGAL DESCRIPTION
The property is legally described
! I as:
A tract of land located within the Ntdi k
R84iJ, in the 6th Prencipal Meridian � S �`' in Section 7
„ described as follows,
Beginning at a monument "
west of a fence corner in
set by L.S.2568
right an place being 0.5 feet
Branch of angles from center line5offtht easterly measured at
the D&RG Railroad Company,the track 1 the Aspen
south 39°58'22" east from the Wand being 1124.96 feet
R84W of the Sixth Principal Meridian
of Section 7
said point of (1954 B > T10S,
beginning being the NW corner o Brass Cap)
described in deed to Sam L. McKinley d Book 177 at pa property
Page 620• Y recorded March 29, 1955,
property the following thence along the boundary g courses and distances: Y of said
On a curve to the left with a
of 222.1 feet to monument " radius of 668 feet a distance
South 25°40'02" east 22I. 0-7A set by L.S. 2568
line with monument it 1 feet); and South (chord bears
0-8A" set b 66°48'31" east on a
westerly line of Mill Street- y L.S. 2568 151.
along; and north 00 feet to the
the westerly line of riill Street; 19005'07" east 2 63.00 feet; and south 84° , and north ° 130„feet
6 place to the 19 west 303.00 feet along0 32 c west
point of beginning- g a fence line
County of Pitkin, State of Colorado.
Except that property
`-�
s described in dded to ,
1974, in Book 293 Edward h.
recorded November 2Ptorse, III
Page 873.
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C1.11 Y OF "ASPEN
130 south galena street
ashen, colorado - 81611
J
August 9, 1976
Mr. David A. Baxter
Mason & Morse
Post Office Box Q
Aspen, Colorado 81611
Re: Mill Street. Venture
553 North Mill Street
Dear Dave:
Your letter of August 3 has been reviewed by the
planning office, the City Attorney, and engineering, and
we feel that the conditions expressed in the letter accurately
reflect -the city's concerns as discussed earlier. From a
legal position, however, the zoning code (Section 24-12.7)
prohibits the conveyance of any portion of a lot so as to
create a new non -conforming use. 'his would be the situation
if some of the open space were deeded as right-of-way after
the building permit was issued relying on the original lot. area.
Upon further consideration the concensus was that
justifiable arguments did exist for requesting a zoning variance
from the board of adjustment under the procedures and criteria
of Chapter 2, Article II. Argument for a variance could be
made because of hardship created by the city's request for
additional public right-of-way, the need to improve public
access and circulation to yours and the adjacent properties,
the irregular lot shape, etc. The board of adjustment could
condition the variance on those conditions enumerated in your
letter.
Application for a zoning variance would be made
through the building inspector's office and requires a fifteen
(15) day notice period for Thursday meetings. In order to
deed the additional. right-of-x%,ay to the city a subdivision
exemption (Section 20-19) would also be required. The exemp-
tion involves a written application to the planning commission
and then consideration by the city council. Neither requires
public notice and could proceed simultaneously with the variance
f
Mr. David A. Baxter
Mason & Morse
August 9, 1976
Page 2
procedure so as to expedite scheduling. Bill Kane and I will
be available to discuss the matter further.
DE:mc
cc Sandra M. Stuller
Bill Kane
Clayton Meyring
i
Very truly yours,
Dave Ellis
City Engineer
1
Mason & MOMse
INCORPORATED
win OFFIC@:
POST OFFICE BOX 0
ASPEN, COLORADO 81611
PHONE: 303 925-7000
August 3, 1976
Mr. Dave Ellis
City Engineer
City of Aspen
130 South Galena
Aspen, Colorado 81611
Re: Mill Street Venture
Commercial Building
553 North Mill Street
Dear Dave:
The purpose of this letter is to serve as a basis for
an agreement between the City and the Mill Street
Venture in connection with the issuance of a Building
Permit for the proposed 20,000 square feet building.
In exchange for the issuance of a Building Permit,
based on the plans previously submitted to the City
of Aspen, we would agree to the following:
1. Conveyance to the City of Aspen of a strip
of land along North Mill Street required
by the City in order to straighten the
approach to a proposed new Roaring Fork
bridge.
2. Relocating the curb cut for the vehicular
access to the lower floor of the building
from its present planned location to a
location meeting the City's approval app-
roximately in the middle of the Venture's
Mill Street frontage.
3. The vacation of the curb cut made necessary
for the 20 foot access drive to the upper
floor of the building as presently planned
if and when a public road is installed
bordering the southwest portion of the
property that can be used for access to
this level.
Mr, Dave Ellis
Page Two
August 3, 1976
4. An easement for access and ingress for the
benefit of the Aspen Metropolitan Sewer A�s�
District over and across that road used 'r KQcersn
for access to the lower floor of the subject
building.
5. To use our best efforts to influence Mr.
Edward W. Morse to use this same lower floor
access for his "Vilcor Building" parking,
and, if possible, to assist in the rerouting
of traffic entering the ramp to the lower
floor of the "Vilcor Building
6. To submit to the City a mutually satisfactory
landscaping plan to be finished either upon
completion of the building or the immediate
planting season thereafter.
It is an understanding that in the interest of good
planning and vehicular circulation that the City of
Aspen will do its utmost to see that if a road is ole
installed as described in Item #3 above,or in the �� 4
immediate area thereto, that it will border subject0-
property so that access can be had to and from it.
If the above outline meets with your and the City
Attorney's approval, we would appreciate notification
as quickly as possible, so that we may finalize the
agreement and proceed with the construction of our
building.
Very truly yours,
MILL STREET VENTURE
David A. Baxter
MBSOR & MORSe I DAB / j 1 c
INCORPORATED
Mein OFFICE:
POST OFFICE BOX 0
ASPEN, COLORADO 81611
PHONE: 303 925-7000
MEMORANDUM
TO: Aspen City Council
F]"011: Planning Staff (11C)
RE: Subdivision Exemption - Mill Street denture
DATE: November 17, 1976
This is a request for subdivision exemption by Edward Deming, David
Baxter, Edward Morse, III and ?fountain States Communications Inc.,
owners of a parcel of land consisting of 52,302.9 square feet located
at 533 North Mill Street, immediately nor.thoast of the Trueman site.
The exemption will permit the transfer of a portion of this property
to the City for the use of right-of-way for the proposed realignment of
north ;fill Street. The reduction of the property, by 5,693.95 square
feet to 46,608.95 square feet will create non-conformance with the 25%
open space requirement for this project. This will necessitate a
variance from the Board of Adjustment.
The Aspen Planning and Zoning Commission on November 9, 1976 recommended
approval of the subdivision exemption.
The comments of the Planning Office are as follows:
l;c The proposed subdivision does not create a parcel for
development purposes and therefore is not within the
intent and purpose of the Subdivision Regulations.
2. We would support the variance for open space requirements
before the Board of Adjustment due to the obvious
"Catch 22" problem for the applicant. The City has
requested the grant of this right-of-way so as to provide
for future expansion and realignment of Mill Street,
should the grant not be made the City would be forced
to condemn the right-of-way with the resultant creation
of the open space deficiency.
3. A plat and site plan will be available at your meeting
for your. review.
4. The City Engineer recommends granting the subdivision
exemption.
5. The Planning Office recommends approval of the request.
PETEf-, VAN DOMELEN
ATTORKrY AT LAW
SUITE 202 MILL & MAIN UUILDING
400 E. MAIN STREET
ASPEN, COLORADO 01611
4303) 925•6415
November 1, 1976
City Planning Commission
City. Counci 1
City Iiall
Aspen, Colorado 81611
Re: Request for Exemption from Subdivision Regulations
Gentlemen:
An Exemption from the application of the Aspen, Colorado Sub-
division Regulations is requested with respect to the following
described transaction.
Edward H. Deming, David A. Baxter, Edward 11. Morse, III and
Mountain States Communications, Inc. are the owners of a parcel
of land consisting of 52,302.9 square feet, more or less,
located at 533 North Mill Street in the City of Aspen. The
legal description of the parcel and a survey thereof are attached
hereto.
The City of Aspen, acting through the City Enr` veers Office,
has formulated plans for the realignment of P:<<•i L.h Mill Street
and has advised the property owner that such proposed realign-
ment will require the acquisition of a portion of their land.
Superimposed upon the survey which is attached hereto, is the new
westerly right -of. -way line of the proposed realigned Mill Street.
To facilitate the City's plan for the realignment of North Mill
Street, the property owner is willing to make a gift to the
City, by quit claim deed, of all of its interest in that portion
of said parcel which lies easterly of the new westerly right--
of-way line of the proposed realigned P�orth Mill Street. The
legal description of the property which is to be conveyed to
the city is attached hereto.
The conveyance to the City will be subject to easements recorded
in Dook 293 at Page 873 of the Pitkin County Records and any
other reservations, exceptions; easements and restrictions of
record. The conveyance %-rill be contingent upon the grant of
a variance by the Board of Adjustment in the "open space"
requirements of the Aspen Zoning Code so as to permit the
construction of the planned commercial building on the remainder_
of the parcel.
An exemption from the application of the Aspen, Colorado, Sub-
division Regulations is requested in order to permit this proposed
conveyance.
Yours very truly,
Peter Van Domelen
Attorney for Property Owners
PVD/pp
encl.
7
August 3, 1976
Mr. Dave Ellis
City Engineer
City of Aspen
130 South Galena
Aspen, Colorado 81611
Re: Mill Street Venture
Commercial Building
553 North Mill Street
Dear Dave:
The purpose of this letter is to serve as a basis for
an agreement between the City and the Mill Street
Venture in connection with the issuance.of a Building
Permit for the proposed 20,000 square feet building.
In exchange for the issuance of a Building Permit,
based on the plans previously submitted to the City
of Aspen, we would agree to the following:
1. Conveyance to the City of Aspen of a strip
of land along North Mill Street required
by the City in order to straighten the
approach to a proposed new Roaring Fork
bridge.
2. Relocating the curb cut for the vehicular
access to the lower floor of the building
from its present planned location to a
location meeting the City's approval app-
'roximately in the middle of the Venture's
Mill Street frontage.
3. The vacation of the curb cut made necessary
for the 20 foot access drive to the upper
floor of the building as presently planned
if and when a public road is installed
bordering the southwest portion of the
property that can be used for access to
this level.
INCORPORATED
&(31n Off ee:
POST OFFICE BOX O
ASPEN. COEOI1A00 81611
PHONE: 303 925-7000
,.;,`Lj
r`laNil Frr,. t Qq
I I: C O R P 0 11 A T E D
1-LM orrICIP
rUST OFF Icc Box 0
tDPEN. COIOHADO alrAl
PHONE: 303 9.5-7000
Mr. Dave Ellis
Page Two
August 3, 1976
4. An easement for access and ingress for the
benefi t of the Aspen Metropol i tan Sewer � � C�� L-,,.
District over and across that road used rf j��ceS'srr�.
for access to the lower floor of the subject �
building.
5. To use our best-efforts to influence Mr.
Edward W. Horse to use this same lower floor
access for his "Vilcor Building" parking,
and, if possible, to assist in the rerouting
of. traffic entering the ramp to the lower
floor of the "V i l cor Building". --Als. /si%�e/ %�✓ �/.
6. To submit to the City a mutually satisfactory
landscaping plan to be finished either upon
completion of the building or the immediate
planting season thereafter.
It is an understanding that in the interest of good
planning and vehicular circulation that the City of
Aspen will do its utmost to see that if a road is
installed as described in Item 113 above,or in the i
immediate area thereto, that it will border subject/-,
property so that access can be had to and from it.
If the above outline meets with your and the City
Attorney's approval, we would appreciate notification
as quickly as possible, so that we may finalize the
agreement and proceed with the construction of our
building.
Very truly yours,
MILL STREET VENTURE
C,
David A. Baxter
DAB/jlc
r`laNil Frr,. t Qq
I I: C O R P 0 11 A T E D
1-LM orrICIP
rUST OFF Icc Box 0
tDPEN. COIOHADO alrAl
PHONE: 303 9.5-7000
Mr. Dave Ellis
Page Two
August 3, 1976
4. An easement for access and ingress for the
benefi t of the Aspen Metropol i tan Sewer � � C�� L-,,.
District over and across that road used rf j��ceS'srr�.
for access to the lower floor of the subject �
building.
5. To use our best-efforts to influence Mr.
Edward W. Horse to use this same lower floor
access for his "Vilcor Building" parking,
and, if possible, to assist in the rerouting
of. traffic entering the ramp to the lower
floor of the "V i l cor Building". --Als. /si%�e/ %�✓ �/.
6. To submit to the City a mutually satisfactory
landscaping plan to be finished either upon
completion of the building or the immediate
planting season thereafter.
It is an understanding that in the interest of good
planning and vehicular circulation that the City of
Aspen will do its utmost to see that if a road is
installed as described in Item 113 above,or in the i
immediate area thereto, that it will border subject/-,
property so that access can be had to and from it.
If the above outline meets with your and the City
Attorney's approval, we would appreciate notification
as quickly as possible, so that we may finalize the
agreement and proceed with the construction of our
building.
Very truly yours,
MILL STREET VENTURE
C,
David A. Baxter
DAB/jlc
December 17, 1976
Mr. David Ellis
City Engineer
City of Aspen
Aspen, Coloardo 81611
Dear Sir:
This is to confirm our understanding of today.
The group known as Mill Street Venture will grant
to the City of Aspen and/or the Aspen Sanitation
District an easement and right-of-way and access
from Mill Street over and across the property owned
by Mill Street Venture to the property presently
owned by the Aspen Sanitation District. Said ease-
ment will be approximately 24 feet in width and
will enter through the northerly curve cut as
shown on the site plan of the Mill Street Venture
property and continue in a westerly direction
along the vehicle aisles of the parking lot to
the Aspen Sanitation District property. The
precise legal description of the easement area
will be determined upon completion of construction
of the Mill Street Venture project, and at that
time a formal easement will be granted.
Very truly yours,
MILL STREET VENTURE
B Y
Edward W. Morse
Mason ryMORse
INCORPORATED
mein office:
POST OFFICE BOX Q
ASPEN, COLORADO 81611
PHONE: 303 925-7000
December 17, 1976
Mr. David Ellis
City Engineer
City of Aspen
Aspen, Colorado 81611
Dear Sir:
This is to confirm our understanding of today
regarding my easement as recorded in Book 293
at Page 873.
A portion of the land subject to this easement
is being deeded by the group known as Mill Street
Venture to the City of Aspen.
I agree that at such time as alternate access to
my property located at 555 North Mill Street
becomes available over the property owned by the
Mill Street Venture, I will relinquish to the
City of Aspen my rights to use said easement area
as the primary access to 555 North Mill Street;
except for such access purposes as may be required
by use of the existing loading dock on the ground
level and the ramp leading to the basement of said
area.
Very truly yours,
Edward W. Morse
Mason & MORse
INCORPORATED
WIO OFFICE.
POST OFFICE BOX Q
ASPEN, COLORADO 81611
PHONE: 303 925-7000
Meson MORSe
INCORPORATED
Wlfl OFFlCB:
POST OFFICE BOX 0
ASPEN. COLORADO 81611
PHONE 303 925-7000
POST OFFICE BOX 5039
WEST VILLAGE BRANCH
ASPEN, COLORADO 81611
PHONE. 303 923-3020
POST OFFICE BOX 701
STEAMBOAT SPRINGS,
COLORADO 80477
PHONE 303 879-0694
DOcember 17, 1976
Ms. Sandra Stuller
City Attorney
City of Aspen
130 S. Galena
Aspen, Colorado 81611
Dear Sandv:
Enclosed is a copy of a Deed, which we will record at
our expense, and a copy of a Partial Release of the
existing Deed of Trust, which we will also record at
our expense.
Both recordings to take place when the Building
Department executes a Building Permit in our behalf
for the Mill Street Building plans presently in the
Building Inspector's office.
A copy of this letter is being delivered to the
Building Inspector's office by Don Ulesterlind this
afternoon; and, hopefully, we can conclude this
matter today and record the documents prior to the
closing of the Court douse this afternoon.
Thank you for your consideration and assistance.
Yours very truly,
MASON & MORSE, INC.
Edward W. Morse
President
EWM:jIc
Enclosures
cc: -,Clayton Meyerling
Recorded at ..... .:.....................o'clock. ........... m..................:..:..�..�-/ %..................... ....
.............. . /. ✓,
Reception l�'o.......t. itiI Recorder.
KNOW ALL MEN By THESE PRESENTS, That., Whereas, Edwar
11. Deming, David A. Baxter , Edward W . Morse II
& Mountain States Communications, Inc. A Cofo.
of Aspen by their Deed of Trust
dated the lst day of June , 19 76 ,
and duly recorded in the office of the County Clerk and Recorder
of the County of Pitkin in the
State of Colorado, on the 2nd day of June , 19 76 ,
in Boo'.: 312 : t Page 6 3 7 U1.bu!Ra ,
reception No. 18 4 2 5 3 ) * conveyed to the Public Trustee
in said County, certain property in said
Deed of Trust described in trust to secure to the order of
First National Bank in Aspen
the payment of the indebtedness mentioned therein.
AND, WHEREAS, the purposes of said trust have
been partially satisfied
NOW, THEREFORE, at the request of the legal holder of the indebtedness secured by said Deed
of Trust, and in consideration of the premises, and in further consideration of the sum of Three
Dollars to me in hand paid, the receipt whereof is hereby acknowledged, I, as the
Public Trustee in said Pitkin County, do hereby remise, release and quit -claim unto the
present owner or owners of the property hereinafter described and unto the heirs, successors and f
assigns of said owner or owners forever, all the right, title and interest which, 1, as Stich
Public Trustee have in and to that part and portion of the property, set forth and described in the
aforesaid Deed of Trust, described as follows, to wit:
A tract of land situated in Sec. 7 T10S R84W of the 6th P.M.
being described as follows:
Beginning at a point being S40°02'57"E 1,451 ft. from the W 1/4
corner Sec. 7 T10S R84W of the 6th P.M. (a 1954 unapproved Brass Cap
in place); thence 1120016'E 224.60 ft.; thence 1%84019'E 14.44 ft.;
thence N05°41'W 29.66 ft.; thence N20°16'E 15.79 ft.; thence S10°
32'30"E 40.45 ft.; thence S19°05'07"W 240.00 ft.; thence E7466°4831"W
25.70 ft. to the point of beginning, containing 5,693.95 sq. ft.,
more or less.
City of Aspen, Pitkin County, Colorado.
situate, lying and being in the City o Aspen County of Pitkin and
State of Colorado.
TO HAVE AND TO HOLD the same, together with all and singular the privileges and appur-
tenances thereto belonging forever. And further, that, as to the above described property, the said
Trust Deed is to be considered as fully and absolutely released, cancelled and forever discharged.
Witness my hand and seal this
day of
.......................................................
As the Public Trustee in said
STATE OF COLORADO,
County of
Iss.
The foregoing instrument was acknowledged before me this
,19 ,by
County of , Colorado.
My commission expires
Witness my hand and Official seal.
,19
--------------------------------- (SEAL)
County of
as the Public Trustee in the said
To the Public Trustee in said County of
day of
.......................
Notary Public.
Please execute this release, r} .'�� 1x13k # R R R � &Rfxf
h i ' g R Firs�y+T"ation Bank in Ashen
B Y ...''i� ... l t S..
Thele¢al holder of the ifldebtedness secured by said Deed of Trust.
*In counties where book and page numbers have been abolished.
No.927. PARTIAL RELEASE OF DEED OF TRUST BY THE PUBLIC TRUSTEE.
—Bradford PublIshIns Co., 1824-46 Stout Street, Denver, Colorado —1-75
Recorded at...-J.'........ .............. o'clock.....l......A1.. ..... .............. -.......r
N -
Reception No ......................................... ................ /
.. . ...--
Edward H. Deming, David A. Baxter, Edward W.
Morse, III, and Mountain States Communication
Inc., a Colorado Corporation
whose address is
County of Pitkin , and State of
Colorado , for the consideration of Ten
Dollars, in hand paid,
and other valuable considerations,
hereby sell(s) and quit claim(s) to The City of Aspen,
a Municipal Corporation.
whose address is
lk
......................Recorder.
3;771 7�71
County of Pitkin , and State of Colorado , the following real
property, in the County of Pitkin , and State of Colorado, to wit:
A tract of land situated in Sec. 7 T10S R84W of the 6th P.M.
being described as follows:
Beginning at a point being S40°02'57"E 1,451 ft. from the W 1/4
corner Sec. 7 T10S R84W of the 6th P.M. (a 1954 unapproved Brass
Cap in place); thence N20°161E 224.60 ft.; thence N84119'E 14.44 ft.
thence N05°41'W 29.66 ft.; thence N200161E 15�.79 ft.; thence S101
32'30"E 40.45 ft.; thence S19005'07"W 240.00 ft.; thence N66°48'
31"W 25.70 ft. to the point of beginning, containing 5,693.95 sq.
ft., more or less.
City of Aspen, Pitkin County, Colorado.
Excluding and reserving therefrom, that certain easement for the
use and benefit of Fdward W. Morse, III, as granted in deed
recorded in Book 293 at page 873, Pitkin County Records.
with all its appurtenances
Signed this 16th day of December,197
�r.�l lI. Damming
D a u ; n.-,=vas
i
MountainStates GQmmunications, Inc.
STATE OF COLORADO, By: <z- --"P
County of Pitkin
ss. its / //I-I-fAA". t�Y
The foregoing instrument was acknowledged before me this sixteenth
day of December f 19 76 , by F'dward H. Deming, David A. Baxter,
Edward W. Morse, III, and l?illiam Dunaway as President of Mountain
States Communications, Inc.
My commission expires August 26, 1980.
Witness my hand and official seal 07
r:;, � � .........
Notary Public -
No. 898. QUIT CLAIM DEED —Short form—
—Bradford Publishing Co., 1824-48 Stout Street, Denver, Colorado —10-76
i
i
i �J
. a
December 20, 1976
Dr. Philip Mahoney
City Manager
City Hall
Aspen, Colorado 81611
Dear Mick:
Enclosed you will find a promissory note duly
executed by the Mill Street Venture. The amount
of the note reflects the dedication fee, which
is six percent (6%) of $329,925.00, the present
market value of the land. This amount is based
on 43,990 square feet at $7.50 per square foot.
A crpy of rlr. r of i i c a `s 1�-t-'Ier showing the
present market value is attached hereto.
Sincerely,
MILL STREET VENTURE
Edward Morse
EWM:fI
encls.
copy: Ms. Sandy Stuller, City Attorney
Mr. David Ellis, City Engineer
G O R PO RATED
uam nFFlce:
POST OFFICE BOX O
AFPEN COLORAOO 81611
PHONE: 303 925-7000
Promissory Note
$...�.�..x.�. �. �........ .......... `:�.SP. eta............ Color��io p�.�etn.bf.C:........... I `�...............
.........................
FOR VALUE RECEIVED ....... 1!',�....... 1 9:..51 ............................................................
...................................................................... promise(s) to pay to the order of ..............................
..............................................T.�i........ CITY i F... E.. PJ.................................................................
the principal sum ... t.ho.usand..SQven..nundr.ed..u.i.n.e.t.y.-.f.i.v.........................
:.-...'-------- --- -- - - :---.;-------.: -.-.-.-.-..:.:.-.-.-...-..-............... DOLLARS
payalbe at...'..t.ty..}1.d.1.t.,..ASFen....Gu].::.... together with interest at the rate of.11it............... percent
per annum; pricnipal and interest shall be payable in the following manner:
All principal and interest called for Herein shall be paid
in full upon issuance of a certificate of occupancy of the
building to be constructed as shown on the plans filed with
the Buildinc, Ins rector's Office, Aspen, Colorado, with respect
to the Mill Street Venture Building to be located at 515 North Mill Street,
Aspen, Colorado.
Failure to pay when due any installment of principal or interest, or any part thereof, shall cause this note to
become due and collectible at once at the option of the holder thereof, in which case accrued interest and
principal shall, from and after the date of such default, bears interest at .).`:'........ ! ..............percent per
annum. In the event this note be placed with an attorny for collection, by suit or otherwise, the maker agree to
pay reasonable attorneys' fees in a sum of not less than ten percent (10%) of the unpaid principal and interest
due.
The maker , endorser , surety and gurarantor of this note severally waive presentment for payment,
notice of nonpayment, protest, and notice of protest.
THIS PROMISSORY NOTE IS UNSECURED
4UUNTAIN STATES COMMUNICATION
iam R. 'Lunaway
........ ::CLl.,l �? �. .r.. ..... �1f4t�1 ......................
William ?.. Dunaway
Individu,�lly
MILL STREET VENTURE
Bv• r
.... ..........................
W. ps.
t.
L ward H. D rq
Q;r:...... s..,...1. _` �..,.;;f......:....1..............
avid Fi', as
/ Z(7
Margie -variance for Mill Street Venture
Motion to grant the requested variance from the open space
requirements of the Aspen Municipal Code for the following
reasons:
1. The applicant has had pending, since June of 1976, a
building permit application for the construction of a commercial
structure on its property, final approval of which has been
denied pending resolution of (a) a proper accesss and ingress
alignment to and from Mill Street and (b) accommodation of the
proposed expansion and alignment of Mill Street.
2. A Satisfactory resolution of neither problem can be
reached by the City and the Applicant other than as to result
in the reduction of required open space, either through a voluntary
conveyance of land or condemnation thereof.
3. The postponement of the issuance of a building permit
until the formal resolution of both problems creates practical
difficulties and unnecessary hardship. In addition, to require
the City to abandon an advantageous resolution of the dilemma
(i.e., a voluntary conveyance of the land) will create a hardship
that can be resolved without, in the end, compromising the
open space objectives of the code in any greater degree
than resulting from the proposed arrangement.
IN ADDITION: The Board is of the opinion that with respect to the
requested variance:
1. The special conditions and circumstances incident
thereto do not result from the actions of the applicant.
21, The grant of the variance is essential to the enjoyment
of a substantial property right which the applicant is entitled
to enjoy at this time, but which would be denied if the applicant
failed to make a land donation to the city to accommodate the
City's future plans for street alignment.
3. The grant of the variance will not adversely affect
the general purposes of the comprehensive land use plan.
For all the above reasons, the requested variance shall be
granted, conditioned on the conveyance of the right of way
to the -City by the applicant., all as specificed in its
application.
NOTICE OF PUBLIC HEARING
Case No. -QO
BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE
DESCI:IBLD BELOW:
Pursuant to the Official. Code of Aspen of June 25, 1962, as amended, a
public hearing will be held in the Council_ Room, City Mall, Aspen, Colo-
rado, (or at such other place as the- mcotin; ma.- be then adjourned) to
consider an application filed with the said Board of Adjustment requesting
authority for variance from the provisions of the Zoning Ordinance, Chapter
24, 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.
yotr views by letter, particularly if you have objection to such variance,
as the Board of Adjustment will give serious consideration to the opinions
.of surrounding property owners and others affected in deciding whether to
grant or deny the request for variance.
The particulars of the hearing and of the requested variance are as follows:
Date and Time of Meeting:
Date: December 2, 1976
Time: 4 : 0 0 PM
Name and address of ADpli.cant for Variance:
Name: Edward H. Deming
Address: P 0 Box Q - Aspen, CO 81611
Location or description of property:
Location: 553. N. Mill St.
Description:
Variance Requested: Application is made for a building permit to build a
service, commercial, industrial building. The proposed building will
have 19.48% open space. The required open space is 25%. Section
24-3.4 Area and Bulk Requirements. SCI Zoning District..
Duration of Variance: (Please cross out one)
-�etrrZxrrrp-- Permanent
THE CITY 01' ASPEN BOARD OF ADJUSTMCNT
BY
Chairman nn
U
EXHIBIT A..
A tract of land situated in the Northwest one -quarter of the
Southwest one -quarter of Section 7, Township 10 South, Range 84
West of the 6th P. M., described as follows:
BEGINNING at a point from whence the West one -quarter corner
of said Section 7, bears North 39' 58' 22" West 1124.96 feet,
said point being the Southwesterly corner of tract of land
described in Book 177 at Page 618;
thence on a curve to the left with a radius of 66 8. 00 feet a
distance of 222.1 feet the chcrd of which bears South 25° 40' 02"
East 221.1 feet, along the Northeasterly line of a tract of land
described in Book 276 at Page 604;
thence South 66' 48' 31" East 151 feet along the Northeasterly line
of said tract of land described in Book 276 at Page 604 to a point
on the Northwesterly line of tract of land described in Book 180
at Page 345;
thence North 19° 05' 07" East 240.00 feet along said Northwesterly
line t,) the most Northerly corner of said tract of land described.
in B k 180
0o at Page .345;
thence North
100 32' 30" East 63.00
feet to the Southeasterly
corner of said tract of land described
in Hook 177 at Page 618;
thence South
840 19' [west 5.00 feet
along the Southerly line of
said tract of
land described in
Book
177 at Page 618;
thence South
050 41' East 66.33
feet
along the Easterly line -of a
tract of land
described in Book
293
at Page 873;
thence South
840 19' West 95.00
feet
along the Southerly line of.
said tract of
land described in
Book
293 at Page 873;
thence North
05* 41' West 66.33
feet
along the Westerly line of
said tract of
land described in
Book
293 at Page 873 to a point on
the Southerly
line of said tract
of land described in Book 117 at
Page 618;
thence South
84' 19' [lest 203.00
feet along said Southerly line.
to The Place of Beginning.
Pitkin County, Colorado.
REQUEST FOR VARIANCE
A variance is requested with respect to the "open space"
requirements of §24-3.4 of the Zoning Code of the City of
Aspen in connection with the proposed construction of a
commercial building.
The factual situation giving rise to this request is as follows:
1. The property involved is located on the westerly
side of North Mill Street and is situated immediately
south of the building commonly referred to as the House
Care Building. The property is within the Service/Com-
mercial/Industrial Zane. The legal description of the
property and a survey thereof are attached hereto.
2. The property is owned by Edward H. Deming, David A.
Baxter, Edward W. Morse,III and Mountain States Communications,
Inc.
3. In about June, 1976 the property owners submitted
to the Building Inspecter proposed plans for the construction
of a commercial building on the property. Attached hereto
is the Plot Plan as originally submitted to the Building
Inspector depicting the location of the building.
4. The property has a net area, exclusive of previously
encumbered easements, of 48,558 square feet and the "open
space" provided for in the original submission to the
Building Inspector consisted of 12,140 square feet, so that
the 25% "epen space" requirement of 12,139 feet was thus
complied with. A preliminary site plan reflecting these
requirements is attached,
5. Following such submission, the property owners were
advised by the City Engineer's office that future plans
of the city involved a realignment of North Mill Street
and that the proposed realignment would necessitate the
acquisition of a portion of their property which was
devoted to the "open space".
6. Attached hereto is the revised plot plan of the property
which was submitted to the Building Inspector on October 12,
1976 and upon which has been superimposed the new westerly
right-of-way line of Mill Street resulting from its proposed
realignment. The proposed realignment of Mill Street will
have the effect of reducing the net area of the property to
43,990 square feet and reducing the "open space" to 8,572
square feet. As a result there will be a deficiency of
2,425 square feet in the required 250 "open space".
The property owner desires to cooperate with the city in facil-
itating the realignment of Mill Street and to that end has offered
to make a gift to the City, by quit claim deed, of all of its.
interest in that portion of its property lying easterly of the
proposed westerly right-of-way line of realigned Mill Street.
To enable the property owner to make this donation and still
proceed with its building plans, a variance in the "open space"
requirements of the Zoning Code will be required.
The property which is to be given to the city will be utilized
for public street purposes and will thus maintain the charateristic
of open space.
The foregoing will present a solution satisfactory to both the
property owner and the City and will avoid the acquisition costs
and legal expenses which would be incurred by the City if it
were required to institute condemnation proceedings for the
acquisition of the property under the exercise of its right of
eminent domain.
For the reasons set forth above, it is requested that a variance
be granted to subject property with respect to the "open space"
requirements of 524-3.4 of the Zoning Code and that the property
owner be authorized to construct their building based upon the
"open space" of 8,572 square feet, more or less, as shown
on the revised Plot Plan; said variance to be conditioned upon
the donation by the property owner to the city of that portion
of their property lying easterly•of the proposed westerly right-
of-way line of realigned Mill Street.
This variance is requested upon those grounds enumerated in
§2-22(d) of the Aspen Code of Ordinances; to wit:
1. The special conditions and circumstances do not
result from the actions of the applicant, but, on the
contrary, from the proposed actions of the City in effecting
a public improvement.
2. The special and extraordinary circumstances which apply
to subject property by reason of the realignment of Mill
Street do not apply to any other properties in the same
vicinity and zone.
3. The grant of the variance is essential to the enjoy-
ment of a substantial property right which the applicant
is entitled to enjoy at this time, but which would be denied
if the applicant made a land donation to the city to
accomodate the city's future plans for street alignment.
4. The grant of the variance will not adversly affect the
general purposes of the comprehensive general plan, but,
to the contrary, will be in furtherance thereof.
Attached hereto is the certificate of Stewart Title of Aspen,
Inc. listing adjacent property owners to whom notice of a
hearing on this matter is required to be served.
The favorable consideration of the Board of Adjustment will
be appreciated.
Respectfully submitted,
CIL�C
�lc w �atiw
Peter Van Domelen
Attorney for the Owners
P.O. Box 8009
Aspen, Colorado
925-6415
AREA COMPUTATIONS
FROM
SURVEY ENGINEERS
Total area of parcel
52,303
square
feet
Less area of easement
3,745
square
feet
Net area of parcel
48,558
square
feet -
Total area of Right of Way to City
5,694
square
feet
Less area su;--ject to easement
1,026
square
feet
Net area of parcel to City
4,568
square
feet
Remaining net area of parcel
43,990
square
feet
Net area of parcel to City
4,568
square
feet
Less access driveways
1,000
square
feet
"Open space" to City
3,568
square
feet
Original "open space"
12,140
square
feet
Less "open space" to City
3,568
square
feet
Remaining "open space"
8,572
square
feet
"Open space" requirement of 25% of
43,990 square feet
10,997
square
feet
"Open space" deficiency
2,425
square
feet
:�11F
Regular Meeting
2 2, 197 6
Aspen City Council November
Ms. Patterson stated the entire request was $1120. The kids said they would paint the
building, carpet has been donated.
Councilwoman Pedersen moved that any expenditure neceesary for capital improvements come
out of the $2000, and that the in-house help come out of another fund; seconded by
Councilwoman Johnston. All in favor, motion carried.
RIVERVIEW CONDOMINIUM - Request for encroachment
Jim Martin, applicant, told Council he had talked with Dave Ellis, engineering department
and had found common ground. Riverview is asking for a 1 foot encroachment on Hopkins
!street and a fence down the boundary of the City alley which is currently landscaped in
grass. Martin submitted a revised map of the encroachments. Ellis had asked for right
oss the west five feet of the property to make sure people had
of ingress and egress acr
the right to get down to the river from Hopkins street.
!,
stipulations an
Councilman Behrendt moved to approve the encroachment with the usual
All in favor, motion carried.
indemnification; seconded by Councilman Parry.
SUBDIVISION EXEMPTIONS
1. Williams. Hal Clark stated this is an application for subdivision exemption dealing
with previously platted townto putothis throughhnormal1subdivisionof the lreview.anning ofTheeplanning
that
it would achieve no purpose to
office recommends approval. The land is zoned R-6.
Councilwoman Pedersen moved to approve the subdivision exemption; seconded by Councilman
De Gregorio.
this project when the City may be likely to get
Councilman Behrendt asked why exempt
four huge structures. Planner Bill Kane said the planning office would like to implement
a FAR in the residential areas, but has not done so. Albie Kern told Council the
zoning controls what can be built on this property. It is zoned for two lots single
family dwelling, and a duplex on. the three lots. Councilwoman Johnston stated she felt
this would have too much impact and should go through subdivision review. City Attorney
Stuller pointed out that applicants are required to submit a floor plan only if they
plan to condominiumize the building. There will be some zoning and FAR restrictions
coming from P & Z in the near future that will affect this building. Council asked that
this project be flagged in the building department, and if the applicant comes in for
a building permit to have it checked through Council.
Councilmembers De Gregorio, Parry, Wishart, Pedersen, and Mayor Standley in favor;
Councilmembers Johnston and Behrendt against. Motion carried.
Haus. Clark stated this was a request for exemption for units 4A and 4 of
2. Fasching
the existing Fasching Haus building. These units were not originally part of the
condominiumization. Councilman Behrendt asked that this be tabled so that he could
investigate the units. Brian Goodheim told Council that he had been asked to support
this application. Goodheim stated he would on the basis that unit 4A, which is the
basement, be dedicated to employee housing.
Councilman Behrendt moved to table this for one meeting while it is investigated by the
building department and Behrendt; seconded by Councilwoman Johnston. Included in this
ific agreement to put one unit into employee housing.
is consideration of drafing a specf Councilmembers De Gregorio and Parry. Motion carried
All in favor, with the exception o
3. Alpine Acres. Clark stated this subdivision exemption was merely a conveyance to the
City for use as right-of-way for Gibson Avenue. The land will be not used for developmen
purposes. - , , -^
Councilman De Gregorio moved to approve cne SLLLu� ��� •• �--- woman Johnston. Johnston. All in favor, motion carried.
ill Street Venture. )City Engineer Dave Ellis told Council the applicant had applied
�r a buildi .u��t�•f ay. When Building Inspector Meyring inspected the survey, he
foun the applicant claimed their property extended into the City's right-of-way on
North Mill street. The future plans call for the City widening Mill street. Ellis stated
if the applicant would deed this property to the applicaty ntcdoes ldeed eproperty their uto therb se
it would be in the best public interest. If the applicant
City for a right-of-way, then the applicant will have to get a variance from the Board
of Adjustment. They will be under the 25 per cent required -open space. The City is
asking for a strip of land 250 x 25, which will ultimately provide a 80 foot right-of-way
for North Mill Street. The applicant has agreed to work with Morse to provide an easement
to the adjacent -Aspen One property.
Councilman De Gregorio moved to approve the subdivision exemption; seconded by Councilman
Parry. All in favor, motion carried.
5. Tveite. Clrk
West Aspenlsubdivision. application
reviewedsubdivision
andexemption
for
an
recommended
existing duple
approval of the exemption. Mayor Stand ley asked if the rental restrictions were place
on this application. Clark answered that the P & Z did not make that a conditiond in short term rental
tal
this particular case. Mayor Standley stated he was not interested
units, and wanted an agreement drafted that the units must bebewsix montslrentaPeorcent ✓
of the time. Gideon Kaufman suggested that the restriction
two rentals per year.
ubdivision with the contingency of a six
Councilwoman Pedersen moved to exempt from s
month rental or two rentals per year besides the owners; seconded by Councilman De Gregori .
All in favor, motion carried. I
211:
T
Mi
C4
do
Me
Tc
rE
Lc
A
li
Regular Meeting
Aspen City Council
November 22, 1976
square footage would be. Austin answered the expansion would add about 800 square fee
for a total of 3,000 square feet,
it was presented that the Mayor Standley stated when this license was a t�
oitdwasvnoteaely a rowd Service bar. PProved,
Councilman Parry stated he
felt Country Road had proved
Y place.
Councilman Behrendt moved to approved the expansion and the renewal for Country Road -
seconded by Councilman Parry. All in favor, motion carried.
HYMAN '
STREET DELI -• Transfer of
Liquor License
Ralph Brendes, representing Laucks and Bagels, told Council this was a situation where
Laucks and Bagels was resuming possession of the premises, as the previous tenant her
had faulted. e
Inc.
Councilman Behrendt moved to a
Councilman Parry, PProve the transfer to Laucks and Bagels; • g seconded by
Councilwoman Pedersen noted the three items lacking from the file.
Laucks had just been fingerprinted, and the a
check comingBrendes stated that
wanted it known rthat heTandom DLauoksstatedaLwrittehad complied
should twith
ihis grequests. ent upon a Dunlop
not in total compliance by January have
197w Dunlop P
p will ask Counciltoinvestigate.
is
Mayor Standley asked if all the Outstanding
Brendes reiterated this was a situation where Laucks is a creditor be
bills to suppliers had been taken care of.
faulted on the note and the lease. The total outstanding bills are Of not more than 3
to $500. Mayor Standley stated the only way HRB, INt who
transferred is if have Y y the Council would allow a license to be
00
set up the agreementewithvCitysAttorneyeStullerfied. Brendes agreed to escrow
$500 and
The approval will be conditioned up
on satisfaction of the outstandin bills
check, and the sanitarian's a
pproval. g the records
All in favor, motion carried.
WIENERS - Hearing for a three-way liquor license
Mayor Standley opened the public hearing. City Clerk reported the file
publication were in order.
. posting and
Albie Kern, representing the a
operating 11 years representing
the he applicants, told Council that the Wienerstube has been
place and has had a beer and wine license for over eight
years. The Wienerstube desires to change to a three-way license.
a good reputation for food and service. The Wienerstube has
Kern told Council that the population figures for Pitkin County in1974 were approximately
12,000. In 1975, this increased to 15,000. Building
o Million dollars. The sales tax total overall in 975rwas sanoincrease have beenaround
dollars. In the City he sal to date
Per cent. This indicates a , the increase in sales tax over last million
Of the establishment will notrchangenatales all,and in spendin year is 20.6
g- Kern stated the character
Mayor Standley asked for opponents- There were none. Mayor Standley closed the ubl'
hearing.
P
is
Councilman Behrendt moved that the Council had determined that the needs of the nei hbor-
hood and the desires of the inhabitants had not been met and the a r
financial and moral character, to a g
seconded by Councilwoman Pedersen, All i a three-way liquor license lfornthesW�enerstube;
All in favor, motion carried.
THE HOME PLATE - Hearing for a two-way liquor license
Jim Wurst told Council' he had leased the dining room in the Mountain Chalet from Ralph
Melville and planned to serve inexpensive dinners. Wurst stated the restaurant will be
the same size as in the past. P
Saturday. Wurst submitted letters fromtheCondominium Association and the lodge own
in the neighborhood who supportof operation are 5 - 10 P-m• Monday through
�y 442 residents supporting the application. Wurst also submitted g owners
e.
talph Melville toldCouncilhemhadrhadlthislced diningtroomsli�censedent rPiev obeer usly.nd Melvillns e
;aid he did not want a full bar, but beer and wine are necessary for a
Previously. Melville
layor Standley asked for o good operation.
any more liquor licenses inptown ton the ebAsis thatcity kthererare tootmannet Elder had o
dosed the public hearing- Opposed
Y- Mayor Standley
ouncilwoman Pedersen moved to a two-way
y Councilman Wishart. CouncilmanrBehrendt amended lthe nmotion toestated Home Pbecause ethe
ded
pplicant has satisfied the three main criteria; seconded by Councilwoman Johnston_ All
a favor, motion carried.
EEN�TER - Request for funding
iyor Standley told Council this was a request by Lori Patterson .on behalf of
the �neeatathehYouthtCenterltondaterisureally remarkable and is
Mayor Standley stated the work that has been
'yor Standley stated there are two sources of funds 1
an asset to the community.
iurnament of $2,000 for the teen center and 2 ( ) a gift from the Celebrity Tennis
oquest. ( ) city funds for the salary part of the
ri Patterson explained that the work requested was to be done to —the basement area.
partition could be removed so that there could be a pool room downstairs.
They would
ke to build a stairway, and make the four small rooms into two big ones.
GERARD H. PESMAN, P.E., L.S.
MAX E. MORRIS
RICHARD F. BARTON, L.S.
J'
REGISTERED IN COLO., NEW MEXICO AND UTAH 1
►URVEY ENGINEERS, INC.
August 12 1 �76 682 BRENTWOOD DRIVE
iu
g PALISADE, COLORADO 81526
PHONE 303-464.7563
ELKS BUILDING
repl; to P.O. BOX 2506
ASPEN, COLORADO 81611
PHONE 303-925-3816
,Job Plo. 1_r014-A
Dave Baxter
Wendy Morse
Mason & Morse Realty
:'aspen Colo. 81611
The following is my professional surveyor's opinion
on your tract of land fronting Mill Street South of the
House Care Buiilding.
From the original deeds of record from the Railroad
( copy enclosed Bk 180 - Pg 345 ) and your original des-
cription there is no overlap. The Railroad map delivered
to Dave Baxter shows the 151 feet call. Strongest survey
evidence for placement of property is the Railroad tracks
to the South & West of .the property and the original des- ra
cription specifically gives a radius of 668 feet and dis-
tance of 222.1 feet. This.is the STRONGEST FIELD EVIDENCE
and the 151 feet Southeasterly from this Railroad Right of
Way is a firm distance, there is no "more or less" or "about"
tacked on to the words "151 feet". The County owned the
property to the East of your property and could have retained.,
100 feet or more for road pur oses. The original tie from the.
Southeast corner of the NftSwl Section 7 could, be reestablished
,after the "1954" Brass Cap Monuments are officfially approved tr
in Washington D. C. by the Bureau of Land Management. As
of this date 1976, they are not. Any further questions on
this property are legal.
'ncerely ours;
Gerry Pesman
Survey Engineers, Inc.
v
3�
I)-
To: Hal Clark
Planning Dept.
From; Dave Ellis
City Engineer
Date: July 28, 1976
RE: Development of Morse Tract on North Mill Street
Following my meeting yesterday with Clayton and later
with Sandy and you I .felt I should attempt to put on
paper the facts., concerns and possible courses of action
as we see them to date.
Chronology of Events.
1) Oct. 16, 1974 - City Council granted a subdivi-
sion.exemption to "Mill Street and Morse", a
joint venture of Harold Pabst and Wendy Morse
including a total of -,58,604 sf. and the Vilcor
building. (Bk. 292/Pg.469). The description
used was the original description shown on the
D & RGW RR maps.
2) Nov. 27, 1974 - Mill Street and Morse deeded
the exempted 6301sf. to Wendy Morse (Bk 293/
Pg 873) plus an access, utility, and parking
easement (3745sf.) adjoining the 6301sf. but
lying within Pabst's exempted parcel of
52,303sf. The conveyances were by a.modified
description prepared by Gerard•Pesman.
3) Date unknown at this time - Pabst conveyed his
parcel to Morse.
4) Oct. 27, 1975 - City council removed the SPA
designation from the tract originally owned
by Pabst. Again the modified descriptions
were used.
5) May 9, 1976 - Wendy Morse made application for
a building permit on the original Pabst parcel.
(52,303sf.) using the modified legal description.
Engineering, Planning and Building Concerns.
1) The curb cut as proposed is adjacent to the pro-
posed street on the Trueman site.
2) The existing curb cut is undefined and the traffic
pattern hazardous at the south end of the Mill
Street bridge where traffic enters the Vilcor
building.
3) The entrance to the Aspen San plant and the
city/county storage yard adds to the above problem.
4)• The engineering department's conceptual design
and the Trueman property plans call for an 80
foot right-of-way on North Mill. This would
require a 15 to 25 foot strip of additional
right-of-way along Mill depending on which survey
is correct.
a
Page 2 of 2
Morse Tract
5) The legal description submitted with'the
,building permit application does not agree
with the description which was used for pur-
poses of obtai'ning the subdivision exemption.
There appears to be a good case for arguing
against the modified property description
since it extends approximately 10 feet into
Mill Street beyond the old fence line, does
not conform to earlier monuments in place
and does not conform with the railroad deed
descriptions.
6). The combined density of the new and existing
building may be over the allowable density for.
the total tract (58,604sf.)
7)• Parking for the existing building appears to be
reduced by the proposed access plan.
8) The proposed plan does not address how all the
large cottonwoods would be' saved; in fact it
appears several would be removed.
Possible Courses of Action. /
1) There appears to be reasonable justification
for requiring the project to go through sub-
division since the project is creating two
sites from one tract for the purposes of building
and/or development (Section 20-3(s)(1)). This
is the case even though Morse has submitted only
part of his ownership for a permit. This would
ideally be the first choice for leverage.
2) The planning department has notified the applicant
of our concerns and if he is unwilling to submit
to subdivision review or negotiate then the
planning office will procede immediately with
requesting SPA designation before the building
permit is issued.
3) If both of the above fail there could be con-
siderable delay in resolving the survey problems
relating to Mill Street right-of-way, tree con-
flicts, and curb cuts and access through the
present SPA land.
The above enumerations hopefully summarize where we are at
to date. I understand that there is a meeting set for
Thursday with Bill Dunaway who will be representing the
applicant. If there are other comments or developments
please advise.
P.S. A few new facts have surfaced after a discussion this
morning with Bill Dunaway. Wendy Morse applied for the building
permit not as an individual but as a 2506 partner in the Mill
Street Venture. Other equal partners per. Dunaway are himself,
Dave Baxter and Ed Deming. This ni�;y effect the case for sub-
division.. A meeting has been set for 2P.m. Thursday with
Morse and Dunaway.
cc: Clayton Meyring
Sandy Stuller
FrAM C. F. M rrXFL H. !.. L. CO.
RECORD OF PROCEEDINGS 100 Leaves
ORDINANCE NO. "/-
(Series of 1975)
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP BY REZONING A
TRACT OF LAND OWNED BY THE MILL STREET VENTURE FROM S/C/I -
SPA to S/C/I
WHEREAS, application has been made for rezoning of
a tract of land owned by the Mill Street Venture from S/C/I
Specially Planned Area to S/C/I (Service/Commercial/Industrial),
and
WHEREAS, such rezoning has received an affirmative
recommenation from the Planning and Zoning Commission and the
City Council wishes to adopt the recommended change.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That the following described tract of land situate
in Pitkin County, Colorado, be and hereby is rezoned from
Service/Commercial/Industrial - Specially Planned Area to
Service/Commercial/Industrial. (S/C/I) :
A tract of land located within. the NW,,SWa in
Sec. 7, T10S, R84W in the 6th P.M., described
as follows:
Beginning at a monument "0-6A" set by L.S.2568
being 0.5 feet West of a fence corner in place,
50 feet Easterly measured at right angles from
the center line of the tract of the Aspen Branch
of the D&RGW Railroad Company, and being 1124.96 ft.
South 39°58'22" East from the West one-c1uarter
corner of Sec. 7, T10S, R84W of the 6th P.M.
(1954 BLM Brass Cap) said point of beginning
being the Northwest corner of property describ-
ed in deed to Sam L. McKinley recorded March 29,
1955 in Book 177 at Page 620; thence along the
boundary of said property the following courses
.
I-"
F6RM 11 C. f, MOCC1(Ct. 0. 1
Section 2
RECORD OF PROCEEDINGS
and distances:
On a curve to the left with a radius of 668
feet a distance of 222.1 feet to monument
"0-7A" set by L.S. 2568 (chord bears South
25°40'02" East 221.1 feet); and
South 66"48'31" Fast on a line with monument
"0-3A" set by L.S. 2568 151.00 feet to the
Westerly line of Mill Street; and
North 19005'07" East 240 feet along the
Westerly line of Mill Street; and
North 10032130" 'lest 63.00 feet; and
South 84119' [lest 303.00 feet along a fence
line in place to the point of beginning.
Except that property as described in deed to
Edward W. 'lorse, III recorded November 27, 1974
in Book 293 at Page 873.
100 Leaves
If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such in-
validity shall not affect other provisions or applications of
the ordinance which can be given effect without the invalid pro-
visions or application, and to this end the provisions or
applications of this ordinance are declared to be severable.
That a public hearing be held on this ordinance on
1975, at 5:00 P.M. in the City Council Chambers,
City Hall, Aspen, Colorado, fifteen (15)days prior to which
hearing 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 by the City Council of the City of Aspen, at its regular
meeting held1975.
.
ATTEST:
:,EY III, MAYO
c-- J
-L J
KATHRYN VHAUTER, CITY CLERK
I
RECORD OF PROCEEDINGS 100 Leaves —
F-M •1 C. F..2S FI n. B. 9 L. CJ. ---
FINALLY ADOPTED AND APPROVED ON-�����'�.Y
1975.
STA Y TANDLEY III, IAYOR
ATTEST:
KATHRYN S HAUTER, CI��CL`ERK
I
STATE OF COLORADO.~
ss
COUNTY OF PITKIN
CERTIFICATL•'
I, Kathryn S. Hauter, City Clerk of Aspen, Colorado,
do hereby certify that the above and foregoing ordinance was
introduced, read in full, and passed on
VP
reading at a regular meeting of the City Council of the
City of Aspen on a _Z77 1975 and publish-
ed in the Aspen Times a weekly newspaper of general circul-
ation, published in the.City of Aspen, Colorado, in its
issue of� �o 197_3- , and was finally adopted
and ^approved at a regular meeting of the City Council on
197�, and ordered publi*shcd as
Ordinance No, S' Series of 197 5 , of said City, as
provided by law.
IN WITNESS WHEREOF, I have hereunto set my hand and
the seal of said City of Aspen, Colorado, this
dpY of 197
Kathryn S.YIIauter, City Clerk
EXHIBIT "A"
A tract or parcel of land within the northwest quarter of the
southwest quarter of Section 7, Township 10 South, Range 84 West,
Sixth Principal Meridian, at Aspen, in Pitkin County, State of
Colorado, described as follows:
Commencing at the southeast corner of the northwest quarter of
the southwest quarter of Section 7, Township 10 South, Range 84
West; thence North 89 degrees 32 minutes West along the south line
of said subdivision a distance of 184.4 feet; thence North 53
degrees 35 minutes West 335 feet; thence North 1 degree 15
minutes East 100 feet; thence North 7 degrees 45 minutes West 217
feet -to the true point of beginning of the tract of land herein
conveyed; thence South 82 degrees 15 minutes 'Test a distance of
about 3003.0 feet to a point 50 feet easterly measured at right
angles from the center line of the track of the Aspen branch of.
The Denver and Rio Grande Western Railroad Company;.thence
southeasterly along the arc of a curve to left having a radius of
668 feet a distance of 222.1 feet, said arc having a long chord
221.1 feet in length with course South 24 degrees 08 minutes
East; thence South 71 degrees 50 minutes East 151 feet; thence
North 18 degrees 10 minutes East 240 feet, more or .less; thence
North 7 degrees 45 minutes West 63 feet to -the point of beginning,
containing 1.33 acres, more or less.
TRAVERSE CALCULAT ION
SH. OF
CALL. BY: DATE:
CHKD. BY:
DATE:
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