HomeMy WebLinkAboutcoa.lu.ex.Mill St Venture.1976EN
g
aspen, -_ col � o
8 16 1 1
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 officer 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 !I. 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-%,,7ay to the city a subdivision
exemption (Section 20-19) would also be required. The exemp--
tign involves a written application to the planning commission
and then consideration by the city council. Neither requires
public no -Lice and could proceed simultaneously with the variance
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 Pleyring
very truly yours,
)— 654�-e<- cr-f I
Dave Ellis
City Engineer
meson ry MoRse
INCORPORATED
resin OFFice:
POST OFFICE BOX 0
ASPEN, COLORADO 81611
PHONE: 303 925-7000
c7Y -
s�
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®
AIM
Mr, Dave Ellis
Page Two
August 3, 1976
4® An easement for access and ingress for the
benefit of the Aspen Metropolitan Sewer
District over and across that road used s h
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 V i l cor Building Air. !s:r
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 #3 above,or in the
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
David A. Baxter 1
DAB/j1c
INCORPORATED
M®in OFFice:
POST OFFICE BOX 0
ASPEN, COLORADO 81611
PHONE: 303 925-7000