HomeMy WebLinkAboutcoa.lu.ec.Schiff Condomiumization Lots M & N
Name of Project:
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(Subdivision, Exemption
Schiff Condominiumization
FEE SCHEDULE
from Subdivision,
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Rezoning, Park Dedication)
Applicant's Name:
1012 East Cooper
Esther Marie Schiff
Address:
Phone:
Applicant's Address:. P.O. Box 3238
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FOR ZONES WHICH ARE R-15, R-30, R-40,RR and CONSERVATION-the Subdivision Fee
Formula is as follows:
.! 11-15-77
Conceptual $110.00
$100 + $5.00/dwe11ing unit
i-- 11-1 ~-77
Preliminary
$45.00
$22.00/dwelling unit
Final
$3.00/dwe11ing unit
FOR ALL OTHER ZONES the Subdivision Fee Formula is as follows:
Conceptua 1
$100 + $60.00/acre of land
Preliminary
$280.00/acre of land
Final
$35.00/acre of land
EXEMPTION FROM THE DEFINITION OF SUBDIVISION FEE: $50.00
REZONING APPLICATION FEE: $125.00 (once a year)
PARK DEDICATION FEE SCHEDULE
nr:COHn OF PIWC[[:JlNtiS
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curr<'ut m;lrkct v,Jluc of il. p('rccnti1gc of the
land propo;,cd .;IS the development site, the
perccnti1gc of the lund being determined at the
rate of t...'o and one-half (2-'2) a.crc~ for every
one thous<Jnd (1,000) residents of the propo~cd
development" (thilt is, the number of residents
multiplied by twenty-five ten thOusandths
(.0025) of an acre per rcslccnt). The number
of residents attributable to the development
shall be calculated in the following manner:
Type of Dwellinq
Number of Residents
Per Dwelling Vait
Hulti-Family
studio 1.0
One bedroom 1.3
two bedroom 2.7
three bedroom 4.0
and 1.3 for each additional bedroom
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Sin91e Farnilyor Dupley.
one bcdroor:t
two bedrc;:.::\
three bcd::oo'::1.
and 1.3 for each additional
1.3
2.7
4.0
bedroom
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A duplex structure shall constitute two dwelling
unit!: for t:J.C:. pl.:=pos€:'s of tins subscc-::ion.
(3) An exa~ple of the application of the above
formula is ~s follolt/s, assuming the construction
of one sinqle fur:lily rC'sid~ne(" containing tIt:o
bedrooms on a lot containing 15.000 square feet
with a I'aarkct \',].1ue of $65,DOO.00 (or $4.33 per
square foot):
2.7 (2 bedroom"" 2.7 re~;idcnts). x 0.0025 acres
X 43,:'60 (squ,ue feet per <lere) x $4.33 (mar-
ket. value of l<:ind p(lr zGuar~ foot) "" $1,273.15
(b) Unimpro\'cd lilnd r:hilll be apprais.ed at. the
curn'nl. m:1.rb.."t value of thc~il.l.-; incllld.inqit:> value
attribuL1hle to cur~, qut.tl~r~;, :>lrcct, si,d~'\"dlk
l1ud l1Lilitic~; if inst.JJ]l'l! on the C.:lt\..' 0; f','1::11i t
is;-:ll;mcl'. I:nprovc(! LIne:, "j'1~\11 be ilppr.:ti::,',ld, ;lcTordi.nr:
to their hiqlll.-'~;t ~lnd bi.'~;lu~;ll tilk.inq into coi\~~,LI.:ra-
tlon ('xi~~t..in') ~tnlct\1rt~f; ..,.'!'\f~t1h'I or lInt th.,y ,'In'
COllformij1.(j. .~:.,d:l't v~\llle mil)' b",!:t.ll:>:;ti1ntj,,\t,,,,jby
. documented purch<.1se price (if ,m 4l.rm's lcniJth
tr."ui!::dC! lOll not mOll.' thilll t.....o Y"'.lr;; o1J) or byiln~/
other rt.~coqni:~cu i:Jl'.J.n~; ;)rovidcd th.:lt .:!s;,f.'!:scd
vollU~ltion ~.b~.1l1 I.Ol l){~ lC'li('d Oil i1~; ("vi,knee of
current !ai)rKC't v.J.lu(~. In the C'vent th,' City .1nd
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PUBLIC NOTICE
RE: Schiff Condominiumization -
Preliminary Plat
NOTICE is hereby given that a public hearing will be held on November
14, 1977, at a meeting held at 5:00 p.m. in the City Council Chambers,
Aspen, before the Aspen Planning and Zoning Commission to consider the
Preliminary Plat submission for the condominiumization of 5 units of
an existing Victorian-style building located at 1012 East Cooper Avenue
and owned by Esther Schiff.
A+ copy of the preliminary plat may be examined in.the office of the
City/County Planner, City Hall, during regular business hours.
Published in the Aspen Times, Thursday, November 10, 1977.
/s/ Kathryn S. Hauter
City Clerk
mmsamenca
Title Insurance Services
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Title insurance Company
Box 2230
600 EastMain Street
Aspen, C616rad6e1611
(303) 925-1766
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October 21, 1977
ME.M:JRANDUM OF TITLE STKIUS:
Surface rights in and to the East 20 feet of Lot M, all of Lot N and the
West 20 feet of Lot 0, Block 34, East Aspen Addition, County of Pitkin,
Colorado.
Transarnerica Title Insurance Conpany has inspected the records of the Clerk
and Recorder of pitkin County, Colorado, up to October 20, 1977 at 8:00 A.M.
We find the title to the subject property to be vested in:
ESTHER M. SCHIFF, in Fee Simple.
We find the title to the subject property to be subject to the fOllowing re-
servations and encumbrances.
(1) The right of the proprietor of a vein or lode to extract and rerrove his ore
therefran, should the Satre be found to penetrate or intersect the premises,
as reserved in united States Patent recorded October 21, 1955 in Book 180
at Page 454.
(The Conpany hereby insures the insured against any and all loss or damage
to the improverrents resulting fran the use or exercise of said reserved right.)
(2) Right of way for ditches or canals constructed by the authority of the united
States as reserved in United States Patent recorded August 29, 1958 in Book
185 at Page 69.
(3) Any possessory interest that might be claiJred by reason of instrument recorded
September 10, 1959 in Book 188 at Page 510. (Presumed to affect the West 7
inches of the subject property.)
(4) Deed of Trust fran Samuel B. Schiff and Esther M. schiff
to the Public Trustee of the County of pitkin
for the use of The Bank of Aspen
to secure $100,000.00
dated April 5, 1973
recorded April 6, 1973 in Book 274 at Page 368.
The total liability of Transarnerica Title Insurance Conpany is limited to the fee
paid for this n:errorandum.
TRAN~ = ~""'ANY
By~' ~() (? ~L<--
!'io. 9S;l. RE~1DENCEIE.-\5E._Br;ldford Pub1'ishing- Co., 1824.~6 StoiifStreet~ Denvi:ir, Colorado (573-501.1):'::':12:76'
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the les~ee ~
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the lessor .__ and
\VITXESSETH,That in consideration of the pityment of the rent and 'the keeping an'd performance of the
covenants and agl'eeme'nts by the said lessee _ hereinafter set forth, the said lessor __ hel'ebyleage ~ unto
the said lessee _ the following described premises, situate in the City or Town of -.* --~ I
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No. 9S:J. RESIDESC'ELEASE._BradfordPUblishing Co'-:18Z.1-4'6Sto~t Street:
Colorado(57:l.5011) -12-76
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the lessor -~ and II
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WITNESSETH, That in consideration of the payment of the rent a~dthe keeping and performance of the
THIS INDENT T
& __ Jayof -~-~ay
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behveen
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eo\'enants and agreements by the said lessee ._ hereinafter setf6rth, the said lessor _ hereby lease _. unto
the said lessee"--,'-- the following described pl:emises, situate in the City or To\vn of_~.
County of
_~, in the State of Colorado, towit:
~0----L-_d:;;-+~. ~y EL ,-
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TO HAVE AND TO HOLD the same with all the appurtenances unto the saidlessee ~ from twelve o'clock noon
0r;"'
19~t and for a rental, for the full term aforesaid, of
ofthe_~_daYOf
,19,.7 ?until twelve o'clock noon of the
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dollars, payable
in monthly installments of
dollars per month,
in advance,on or before twelve o'clock noon,on the
day of each calendar month during said term,
at the office of
; Colorado, without notice,
And the said les:see~___" in considl!rationof the leasing of said premises as aforesaid, covenant__-,- and agree~as follows, to wit:
To pay the rent for said premises as hereinabove provided; to keep the improvements upon said premises, inc]udingsewerconnections, plumbing, wiring. and
;.;Ia;;s, in good repair at the expense of. said le$5ee_.__, and at the expll'ation of this Lease. to surrender and
deliver up said premises in as good order and ;;ondition rlS when the same were entered upon, loss by fire, inevitable accident or ordinnr;,'
wear excepted; to properly irrigate and care foral! trees, shrubbery and lawn upon or about said premises: to sublet no part of said
premises nor assign this Lease, or any interest herein, without the written consent of the lessor __...:.... first being obtained; to use said
premis"",, for no purposes prohibited bJo' the laws of the United States or the State of Colorado, or for the ordinances of the said City or Town of
--- .... ... ... and for no improper or questionable purposes whatsoe\.er, tooc cupythesameasa
private residence; to keep the sidewalks In front and around said premises free from ice and snow, and said sidewalks and yard free
from all Intel', dirt, dehris and obstructions: to keep the cesspool,grensetraps and ashpits clean and in the sanitary condition required
b),. the ordinances and health and police rel,"Ulations of the said City or1'own of .. . ;
to neithel' hold. nor attempt to hold the lessor ~_ liable for any injury or damage occasioned by defective electric wiring or by the hreaking
or stopp,::<ge of the plumbing or sewage ~lpon said premises, whether such breaking or stoppage results from freezing or otherwise; to
neither permit nor suffer any auction sale to be held upon said premises, nor any sign or card to be placed upon said premises for
rooming house, lodging house. or boarding house pUrposes, nor any room in said house to be used for cooking or light housekeeping
purposes, except the kitchen nor make an~ alterations 01' change in, upon, ot" about said premises without first obtaining written consent
-therefor: to vermit.the lessor to place a "For R..nt 'card upon said premises at any time afte!' thirty days oefore t.he end of this Lease; to a.lIow said lessor--.--at
&n):'.rlC'llwmwle hourofthe.dayto enter into 01' upon andgothrouli-h and view such pl'emises, ..... ... . ..
It is agrelMl that all assessments. for water rents that may be levied against said premises during the continuance of this Lease shall be paid br the said
l~;:i; ..; ..~.. _ und t hut alll;harges for heatinf! and lighting the said premises shall be paid by the said lessee_ as the same oecome due and' payable and that in ca8e
S'3:id :'!'~mi,,;;.';; ~hall become untenantable on account of damage oy fire, flood or act of God, this Lease may oe thereupon terminated by tQe said lessee_.:
It \s further agreed that no assent, eXfJregsed or implied, to any breach of any one or more of the covenants 01' agreements hereofshall be deemed or taken to be
8'w'l,jverofll.llY succeeding or other breach. .
. HIt. mutually agreed that ifaftertheexpiration ofthis Lease, the lessee_shall remain in possessionofsaidpreml,ses arid continue top:iy rent without a
.....Titten am-eement as to such possession, then such lessee~ shall be l'egarded as a tenant from month to month at a monthly rental, payable in advance,
J equil.ak:nt to the htst month's rent hereunder, and subject to all the terms and provisions ofthis Lease,
I . It is further mutually a.p-eed that in case said premises are left vacant and any part of the rent herein reserved be due and unpaid. then the lessor-----,ma:y,
I with?ut in an;,wise beingobhgated s~) to do, and wjthout terminating this L~ase retake poss~ssion .o~said_pr~misesl and rent the same for s~ch rent, and upon such
.',: eo,~d It~uns as the leSMr _may thmk best. maklllg such change and repair as may be reqUIred, glvlOgcredlt for tne umount of rent so received l~ss anexpen~s of
. su~h cl1an~,s a~rl repairs, and said lel'lset!__.__snall be liaole for the balance of the rent herein reserved until the expiration of the term of this tease.
'j f1' IS EXPRES:3L Y UNDERSTOOD AND AGREED, By and between the parties aforesaid, that if the rent above reserved, 01' any part thereof, shall be in
" arrear.s'. or if default shall be made in any of the co",mants or agreements herein contained, to be kept by the said Jessee.__, it shall a.nrl may be lawful forthe. said
lessor -___ to dedare said term ended, and enter Into the sald premises, or any pat't thereof, either withorwithout process oflaw, to re-enter, and tlie said
I lessee___. or uny other fJerson 01' persons occupyin~ the same, to expel, remove, and put out, using such force as may be necessary in so doing, without being hable
' tC'! Pl'osecution or in rlam~!!:es therefor, and the said premises again to repossess and enjoy, as in the first and former estate of the said le"sor _.___. Andif at any time
1 ~<lid term ~r.,\1I be ended as afol'esaid or in any othel'way, the said lessee_._"_ hereby covenant_._ and agree_ to surrender and deliver up said premises
r'..aN:ably t,) l<:lid lessor. immediately upon the terminat.ion of said term, and if the lessee__shall remain in possession ofthe same after the termination thereof,
Ii, s:dd le"seo:____. shall be deemed guilty oX a forcible detainer of said premises under the statute, hereby waiving all notke, and shall be subject to eviction and
. r..n")"al, !'ur-..:ihly ol'oth..lwise, with or without process oflaw, as a\}ove stated.
1 And it is fuz'thel' expressly undel'stood and agreed that all the covenants and agreements in this Lease contained shall extend to and be bindil'g upon, the
j i h\"irs,ex",eutor,;, leg-al representatives and assigns of the respective parties thereto.
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1:-\ \\ r 1:-\ ESS WHERFOF, the pal tlt"~ helNo ha\ e hel eunto set then hanlh l}nd ~eals th.. day l\nd }ear fIrst "bo\e \\1 ltten
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Puhlisnin Co.1824~46 Stout Street. Denver,'Colorado (573-5011) If}.j6
II THIS INDENTURE, Made this_~
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, party of the first part,
,party of the second part,
WITr, ESSETH: That the said party of the first part, in consideration of the covenants of the
I said party of the second part, hereinafter set forth, do by these presents lease to the said party of
the second part, the following described property, to wit: .
,t/7~C JI P-- U~~ r/~~~
7'
also known as street and number IOI'd- ~ ~7~J ,_
TO HA VE}ND TO HOLD to the said party ofthesecond part from the ~-I--
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day of ! .&~ ' lL;LL, to the, ) (7 - . day of ' , 19~_
And tWsai i arty of the second part, in consideration of the leasing of, e premises as above set
forth, covenants and agrees with the party of the first part to pay the aid party ofthe first part
:fP 1; .-). crl
I as rent for the same the sum of
i payable as follows, to wit: .
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DOLLARS
dr r/&/- ~A
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~71~vA'~ .11~vZ/!;~/'OJc1 j. .
,:)0 O'^ V'1 z.o~. /~;; tJ,..-cf' a&-,-.?/-:y-- .
The said party OfZ second part further~enants with the said party of the first part, that
at the expiration of the time mentioned in this Lease, peaceable possession of said premises shall
be given to the said party of the first part, in as good condition as they now are, the usual wear,
inevitable accidents, and loss by fire excepted; and that upon the non-payment of the whole or
any portion of said rent J}t the time when the same is above promised to be paid, the said party of
the first part may, at~>./ election, either distrain for said rent due, or declare
this Lease at an end, and recover possession as if the same Was held by forcible detainer; the said
party of the second part hereby waiving any notice of such election, or any demand for the
possession of said premises:
IT IS FURTHER COVENANTED AND AGREED,Between the parties aforesaid
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i. The covenan;:s herem .shall extend'JO and be bJ.'dlng u . n the heirs, execut~ and adminis,
trato"" of the par les to thIS Lease. . .
Witness the hands and seals of the p~\lfOresaid. . _ .
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Regular Meeting
Aspe,!.City Council
September 26, 1977
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Ci ty M';ln':HJ(~r t1.dlOJl('y told COllflcil he had "'anted to make the wording of the resol'ution so
tlt.ll' it wl1uldlJ1, IH: so open ended and make a COffilllitmcnt for the City. This hus-bu(~n done
Eli 1\>1. ,"Iohn :;t:;lllfu)'d, planning office, rcqucstedthf.lt Coyncil accept what has bccA,fH1oPtcd
in tilt., Holy \..'1 ():;~';,<':itizcns Task Force resolution - a's the master plan 'for the Holy'Cross
prop('rty.' ,
Counc:ilrnan Wishart moved to adopt the recommendations contained in the Holy Cross Citizen';
'l'a,sk Force resolution as amended; seconded by Co'uhcilwoman Johnston. '}
Last time Mahoney felt that the City would be giving up the right of decisions and the
task force would be assuming the responsibility of the building. Councilmnn IIcrsh(~y ~;.:d(l
he saw nothing objectionable in the ten points. Sta'nford told Council they were trying It,
get the Holy Cross building registered with the National Trust. Councilwoman Johnston
asked if there would be problems on not owning the land for 20 years. City Attorney Nuttil
$aid the City could still get loans on the escrow even though we don't have the deed.
All in favor, motion carried.
Councilman Behrendt moved to expand the fa9iTity planning beard to include Dick Carter,
Mary Helen Cattell, Barbara Conviser, Nick DeWolfe, Marty Kahn, Janet Landry, Diane Lewy,
Roger Moyer, Wes Pouliot, Bob Starodoj, Carla Stroh, Missy Thorn, Laura Wheeler, Larry
Yaw; seconded by Councilman Hershey.
Janet Landry told the Council that this is a development board only and is appointed for
one year. Their jab is to make up the by-laws and procedures for a visual arts center
and bring them back to Council. ,
All in favor, motion carried./
SUBDIVISION EXEHPTION - Merson Duplex
John Stanford, planning office, told Council this is a request for exemption from subdivi-
sion for an existing duplex located on Snowbunnylane. The P & Z has reviewed this and
given their approval with the four conditions identified in a memorandum to Council.
Brooke Peterson addressed the payment of the park dedication fee. Peterson said this is
an existing subdivision and the park dedication fee in this instance is not proper at ther0
is no increased use of City facilities being created. Councilwoman Johnston asked if the
dedication fee was paid at the time this was subdivided. Peterson answered no. Council-
woman Johnston pointed out the City Code said it has to be paid. Peterson said at the
time this was subdivided land was dedicated for parks for the West Aspen subdivision.
City Attorney Nuttall said that may make some difference and is worth looking into. "
Councilman Hershey moved to table this item until the dedication is resolved; seconded
by Councilwoman Johnston. All in favor, motion carried.
FINAL SUBDIVISION APPROVAL - Gignoux/Lynch
Stanford told Council this subdivision is for the creation of two lots of property behind
the Concept 600 bUilding. There is an existing building on one of the lots, and there is
proposed to be a Sears building on' the second lot. The P & Z gave a use determination
for a Sears store in that location. Pat Lynch told Council there is presently a very
old house on the lot, and the person living in the house plans to try to mOVe the house.
Stanford told Council there were a number of problems but these have been worked out to
the satisfaction of the planning office and engineering department. The applicant is
urging that the park dedication fee be paid only on th newly created lot. Councilman
Parry asked if the project had employee housing, and if not, why is the City collecting
a park dedication fee. Stanford answered the Code required in non-residential areas a
6 per gent land value fee. CounCilman Behrendt ask~d what the guarantees were that the
landscaping that is proposed will actually be done. Albie Kern told Council there is a
subdivision agreement with the City~ Mayor Standley asked if' the alley had been vacated
by the City. Kern said he had had a title company to a very thorough search. When Ms.
Gignoux bought the property, she received a deed to one-half of the alley. The City gave
a Mayor's deed. , The title company 'found no proof of any vacation of the alley. Kern
stated as far as he was concerned that is a City alley. Mayor Standley directed Mahoney to
open up that alley.
CounCilwoman Johnston asked the size of the lots. Stanford answered lot 1 is 10,890 square
feet; lot 2 is 12,863 square feet. CounCilwoman Johnston read from the Municipal Code
concerning payment of the park dedication fee_ Ms. Nuttall said she did not think the
City could charge for lot 1, which will not be developed. Kern said they were granting a
perpetual easement on the property for 10 feet from Pat Lynch to the City. Kern explained
that Bleeker street is shown as 60 feet wide all the way through. In fact, Blecker street
is not 60 feet wide; it narrows down as a result of many Mayor's deeds given out to adj~c-
ent land owners. The City is taking 10 feet from lot 1. City Engineer Ellis told Council
that every utility but Mountain Bell was prepared to underground down there.
Councilman Behrendt ,moved to approve the subdivision subject to escrow or performance bond
to the City Manager for landscaping and completing that plan; subject to normal encroach-
I ment provisions and agreement concerning the metal bUilding On lot 2" and subject to the
: seven points identified by Di;1Ve Ellis in his memorandum of September 22; and subject to tIle'
! payment of the park dedication fee on lot I only at this time and it is not to be accepted
as a waiver for' the rest of the lots ift~ey are~ to be further developed; seconded by
COlllle" i IllhUl t-Jj~;ha rt. All in favor, motion carried.
("')"""1 ;':'!",r, SUBDIVISION..; Schiff apar,trne!1ts ~
J<art:'n Smith, l'],llminlJ
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ofrif"'(>, toldtl1isis concept1.1,"I:l subc1ivj~j(ln f('rc1n existing building
t,t:. ;:r";i' h :,howed Council ., VI of Uw suhd'\'.I::jon' and requested
J",'i:',J ~-"'::I"lltS bewaivl'd untiJ t.)1I"' prelimilL't-I:Yi'Llt stage. The bufld-
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Regular M(,t~t j n':~
Aspen City Council
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September 26. 1977
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,I"':l wrl5 l.llilt in 1973; it has fivc~ dwelling units, four 2-pedroom and one studio. Under
the present zoning, 9200 square feet would be required. The lot that exists is 7,000
square feet. The planning office recommends approval based on no additional land Use
impact. The P& Z approved this subject to (1) six month lease restriction; (2) 90 day
first right of refusal, ,(3). payment of the ,park dedicatiof) ,,ice , and resolution of. the Ci ty
Engineer's comments. Thes€ arc, (1) name Change to Cooper Avenue Victorians tbreflect
correct fltr<..'>et nume, (2) a new warranty deed should be. furnished showing that Esther Schiff
is sole owner, and (3) No cu~rent improvement survey was submitted; the warranty deed
suggests that the adjacent property Owner to the west ma~"have possessory interest in the
property.
Ms. Schiff told Council that the two-bedrooms rented for $375 to $400 per month; she has
offered them for sale for $60,000 plus 10 per cent of what it. costs to condorniniurnize.
Ms. Schiff said she would keep one 2-bedroorn and the studio for rental purposes.
Councilman Hershey moved that conceptual subdivision approval with respect to the Schiff
apartments be approved including the four points submitted by the P & Z; seconded by Council-
man Wishart. All in favor,motioncarrie~. Councilwoman Johnston stated he biggest con-
Cern with condominiumizingmulti-family structures is that this will take housing out of
the ballpark of 'employee housing.
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CONDOMINIUMIZATION POLICY
Ms. Nuttall told Council she had submitted a proposed ordinance which is essentially a
multiple choice to include enough ideas to pick and choose. There are alternative provi-
sions for Council's considerations. Ms. Smith told Council this matter comes to them
after initiation by Council at their May 23 meeting where policy for consideration of
condominiumization of mUlti-family dwellings was adopted. The stated policy conditions
at that time were 90 day first right of/refusal, and six month minimum lease restriction.
The Council also stated that condominiumizationshould be reviewed on a case by case
basis. From there the planning office and City Attorney took the matter to P & Z for their
consideration of additional guidelines to help review.
Ms. Smith said that in addition to the two matters of policy Council has formally adopted,
the planning office requests consideration of drawing up an, ordinance that asks for
additional information that conversions would affect on lower and moderate income hOusing.
This evidence could consist of illustration of minimal tenant displacement; evidence that
conversion would be affordable; evidence that future sales prices would remain within the
category of affordable prices. There are other areas of evidence suggested. Ms. Smith
stressed that this could be flexible for a case by case review. The applicant can pick
and choose which particular kinds of evidence he wishes to submit to Council.
Council discussed the proposed ordinance for condominiumization policy. Subsection (a)
was left in, existing tenants be given fair notice and a 90-day exclusive non-assignable
right of first refusal to purchase. After "notice" "when unites) offered for sale"was
added. Subsection (b) as written, restriction to six month minimum leases, was, Okay as
~ritten. Mayor Standley pointed out that this information should be disseminated to rentors
so that they know they can come to the Council if they have to move.
On subsection (c), Councilwoman Johnston said the Council should get the wheels in motion
to define low and moderate income housing. Mayor Standley agreed that the Council should
have a work session as the housing authority to get the definitions. (c) (1) evidence
that illustrates there will be minimal tenant displaces was left in; Councilman Van Ness
was opposed. (c) (2) Evidence that the conversion will not be exclusionary was left in;
'Councilmembers Parry and Van Ness opposed. Section (c) (3) evidence that future prices of
unit resales will be become exclusionary such as subscription to a right of first refusal
or any other continuing control mechanism which may be private or devised by the Housing
Authority was deleted until the control mechanisms can be devised. On Section (c) (4), Ms.
Smith told Council this was a balance to (c) (1) because if people don't want to buy the
units, the applicant should not be penalized. Section (c) (4) was changed to that if a
tenant does not wish to purchase the unit, they have 180 days from the time of Council's
approval to relocate. Section (e) (5), evidence that future occupancy of the units .....ill be
mude available to local employees of moderate incomes Was left in. Section (c) (6) was
scratched as it was redundant. Section (c) (7) "evidence that the propective purchClserCs)
is an employer or group of employers who intends to rent the unit(s) to his employees was
left in.
Section Cd) rega.rding no approvals it the following conditions exist (1) lon<:;-tc:-r-m rental
vacancy rates below 5 per cent and (b) the propo'sed conversion would rc:hJcl~ t!ll~ ratio of
rental and owned units to less than 1 to 4, was totally deleted. Mayol.- St<.tndl('y pointed
out that it would be virtually impossible to maintain records to chc'ck out th~~ stated
':onditions. Council instructed City Attorney Nutt~,ll to brinq thifi C"ondominiumization
:)olicy guidelines back to Council in ordinance fOL"m <1.t the next mt~etinq.
~ARKING - Off-season ticketing
,\nne Thoreson, traffic control officer, told Council that l.:lst ye~lr parking regul.:ltions
were not enforced from September lo th(~ beginning of December. There was quite a bit of
congestion in September. 'rhlS year timed parkin(T h.:t~ v<:<;:.. ""-':'......,~~~d on a limited basis; this
is h{.~lping the conqcstion. Ms. Thor(H~r\n. L~<..:ummended suspenJlng tl?ketln']' VH ...,._..._,.~_ lc:t-.
Councilm.ln I'drt.y poinu,u out th.1t people still come in to tm"n dllrlng the off season to
,In ,,!loPI,j Jl'! dnd t'tT"ndu. lf the timed parking regulations are eliminated, cmploycespaL'k
i iqht ill llunL nf lheir door all day long. Mayor Standley said that responsibility i~ on
,Iw ["Il't of the ('llIploycr, not the City Council. Councilmembcrs Johnston, Van Ness, t'l1.shart,
f1i'rshuy and Mayor Standley were in favor of ,suspending timed purkln9 restrictions from
~lctobcr 1 to December 1. Ci ty M.:tnager NL1hO~lCY told Council his,. policy reqnrdi.ng towing
would be .to tow in order to clean the streets and in order to plow the streets.
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M E MaR AND U M
TO: Aspen City Council
FROM: Planning Office (KS)
RE: Schiff Apartments - Conceptual Subdivision
DATE: September 22, 1977
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An application has been submitted by Esther Schiff for condominiumization
of a five unit Victorian-style building on East Cooper Avenue. The
building contains four two bedroom units and one studio, requiring a
1,200 square foot lot within the R/MF zone district. However, the
structure was built in 1973 on a 7,000 square foot lot.
The City Engineer raised three concerns which may be addressed at the
preliminary plat stage:
1. The proposed name should be changed to Cooper Avenue
Victorians instead of Cooper Street to reflect the correct
street name.
2. A new warranty deed should be furnished showing that
Esther Schiff is sole owner.
3. No current improvement survey was submitted and it is
noted that the warranty deed suggests that the adjacent
property owner to the west may have possessory interest
in the property.
The application states that the reason for the condominiumization request
is that it has become impossible to maintain and run the building as
long term, reasonable cost rental units. Apparently, some costly improve-
ments are required and the applicant desires to share these costs. In
support of conformance with Council adopted policy governing condominiumi-
zation applications, it has been stated that three of the current renters
wish to purchase their units while the two remaining units would remain
as rentals.
Based on the information offered, P&Z recommended approval of the con-
ceptual subdivision subject to:
1. A six-month lease restriction.
2. 90 day right of first refusal to existing tenants.
3. Payment of the appropriate park dedication fee.
4. Resolution of the comments offered by the City Engineer.
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MEMO
TO:
KAREN SMITH
FROM:
DAVE ELLI~
September 16, 1977
DATE:
RE:
Schiff Apartments - Conceptual Review
The engineering department has a few comments, but none that
would preclude conceptual subdivision approval. Our comments
are as follows:
1) In response to the Historic Society's recent
criticism of improper usage of the terms, street
and avenue, we suggest correcting the proposed
name to Cooper Avenue Victorians.
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2) The warranty deed indicates that property is
owned in common by Esther M. and Samuel B. Shiff,
not Ester Schiff individually.
3) No current improvement survey was submitted
and the warranty deed suggests that the adjacent
property owner to the west may have a possessory
interest in the property.
These concerns can be properly handled at the preliminary
stage.
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Conceptual Presentation
Schiff Apartments
Proposed Name: Cooper street Victorian
Legal Description: Lot N, East 20 feet of M and West 20
feet of lot 0, of Block 34, Erst Aspen, Pitkin
County, Colorado
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site Location and Description: the locat~on is on the
north side of Cooper Avenue, 70 feet east of
Cleveland street, and Approximately 400 feet
west of the Roaring Fork River.
It has 70 feet of frontage along Cooper Avenue
and a depth of 100 feet to the service alley.
The site is rectangularly shaped and contains
7,000 square feet.
Building Description: The building is a four year old,
three-story frame building of victorian design;
it contains 3 two-bedroom Units, 1 two bedroom
pent house unit and one studio unit.
The units are unique in architecture, design, and
appeal. They are in very good condition and of
quality construction.
units #1, #2, and #3 are all two bedroom town-
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houses. They occupy the first two floors.
Unit #1 786 square feet
l:.Tnit #2 868 square feet
Unit 4:3 772 square feet
Unit #4 is on the third floor and has cathedral
ceilings and a large sleeping loft. It contains
792 square feet plus loft.
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Unit #5 is also on the third floor,_ has
cathedral ceilings, and a large sleeping
loft in addition to 380 square feet of floor
area. Off street parking is available be-
hind the building for each Unit.
Area Data~'''The building is three/blocks from the commercial
core of Aspen. The area is approximately 95 percent
built up with apartments, condominiums and small
older residences.
Present Population: The units are presently occupied by
people who are employed in Aspen, with the ex-
ception of the current tenant in the studio. This
person has just moved to Aspen, and is seeking
employment.
Present lease holders are:
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Unit #1:
Joseph Wells - employed by the city
of Aspen. He has expressed an
interest in buying the studio unit
if it becomes available.
Ross Goldstein, practicing clinical
psychologist, formerly with Touch-
stone, presently in private practice,
has agreed to purchasing Unit #2
when available.
Barry Edwards - attorney with the firm
of Oates, Austen and McGrath. Verbal
agreement to purchase his unit when
available.
Nancy Torgerud - nurse at Aspen Valley
Hospital. Lease until Mat 1, 1978.
Lease will be honored or lea see would
be given first right of refusal.
'Unit #2:
Unit #3:
Unit #4:
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Rationale: It has become impossible to maintain and run
this building as long term, reasonable cost rental
units. The owner plans to sell Units Two and Three
to their present renters. The other Units would
remain rental units until a future date. The
pre~ent population would/not be displaced, and land
use would not be changed.
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M E M 0 RAN DUM
TO: Aspen Planning and Zoning Commission
FROM: Planning Office
RE: Schiff Conceptual Subdivision
DATE: September 16, 1977
The application attached has been made by Esther Schiff for conceptual
subdivision approval of the condominiumization of an existing building
on Cooper Street. Having four two-bedroom units and one studio the
minimum lot--area required under the zoning is 9200 square feet. Since
the lot is 7,000 square feet, the proposal is non-conforming as to
density. However, the building was completed four years ago prior to
enactment of the more stringent density controls.
Since the improvement exists, the Planning Office has no problem with
the land use merits of the application. Dave Ellis will be ready with
any comments prior to Tuesday's meetings; however, his concerns with a
subdivision application such as this are usually addressed anyway at
time of preliminary plat. It is possible that addition off-street
parking may be required.
The application offers information relative. to displacement of current
tenants. We know that at least one of the present tenants has moved
since original submission of the application and will ask the applicant
to provide new information on this unit. At least two out of five
tenants seem to be interested in the purchase of their unit.
Since the condominiumization policy will not be considered by the Council
until their September 26th meeting, we do not yet know whether those
additional criteria will be applied. You may wish to ask the applicant
whether they can provide any additional data related to these criteria
and advise the applicant that should the Council adopt policy, that
might be a factor in your review of the preliminary plat.
In the meantime and su~ject to affirmative response from Dave Ell is,
we recommend your approval of the conceptual subdivision conditioned
on a six month rental restriction and 90 day right of first refusal to
existing tenants as well as payment o~ yhe appropriate park dedication
fee.
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1. Conceptual Presentation
2. Preliminary Application
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Regular Me6t:ing
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December 12, 1977,
....----.----.T...-~:.;~..;~:.:..~j.ty hi", to dntennine to spr'nc1 money to do !;o",,,'ldn(! "bouL this. ~'h" options
arc (1.) b<Ul all cars from the COre area, (2) clean up after ('<lch ;;l:orm, maybe tlds is
-.1 shovcllJnq prohlem, (3) not put cinders on .th>:! str(~et:. (~xcC'pt M,:dn SlTt;C't, <lll(J (4) use
mclt-(lvfay thrlt. doc.s noL. hurt: the ptlvC>H1Cnt. 'I'hn City cannot let Ulis ~IO any lorlrf('r. 'rho
City ha~ qot t6-mah~ a 900d jrnprcf3!-don. Everyor'w on Council ogre('d this is [l IJl'oblem.
6. Council",'olll<:lTl Johnston f;bic1 she did not: think the CiLy was Christmas-y cnoWJh. At
night, one Cimnotse8 the banners that nre hlJn'j under the liqhts. 'I'hir;. may bc: an
engineering thing, pCrll<'lpr; all that is needed issolllellling t:hnt reflects. COllll~ilwoman
Johnston said sh" felL tile City nc(~ded to do Lt' little Edt morc. Hahol1cy told Cc)uncil
thrit tile City had cvcrgrcien garlands for tile front of City' hal,l, nIld the City will r)ul
sparkle.ligllts up in Pacpcke Park. Last year the lights got too viJlldalizcd in the mall.
7. Councilman Van Ness commcn'ted he wa~; gland that liquor licenses were not restricted.
LIQU~l:.ICEr::!',-~~
'J'om Dunlop, Sanitarian, recommended conditional approval on Berkely/l\spen, Home: Plate,
Hotel .Jerome, ShiJfL Mother Lodge, Paragon, and Plum 'I'rec Inn. Councilmul1 Behrendt point.ed
out that tile Council was attempting to attach conditions of use change to approval of
transfers of liquor .liconses and asked of the rene.vals cOllld be conditioned so. City
Attorney Nnttall said shcv..roulJ be .llncornfoTvble 'tlith this legally, although it is not
impossible. Mayor Stan0ley said the Council should ask Dunlop, when he is goi.ng arOUlld
doing inspections, to give Council a list of existillg uses and then these can b8 checked.
CouncilmaIl Wi,shart moved to approve the renewals ~or ~ittlc Nell's Wicncrstubc, Uncle
~illy's, Guido's, Pablo's,Coppcr Kdttle, Eagle's Carl's Pharmacy, Plnocchio's, Golden
Barrel, G":llden Honn,J.ohnson's Temptations, Andre'.s, and Cuptain's l\.nchorage \-lithout
condition; seconded by Councih.'Oman J'ohnston. Councilman Hershey eliminated himself
from voting on Johnson's as they are a client. All in favor, motion carried.
Councilman Parry moved to a.pprove the rencvlals for Derkcly/i\spen, Home Plate, notel
Jerorne, I>'Jother Lodge;. Paragon, Plum 'I'ree Inn, conditioned upon approval of sntisfactorily
completing the health inspection; seconded by Counci_lman Van Ness. 1\11 in favor, motion
carried.
REQUEST TO EXPAND PREMISES ~Aridie's
Mayor Standley pointed out to the Council that this has been extended for at least one
year.
Councilman Parry moved to approve the 18-E for Andrc's;seconded by Councilm::1n Hershey.
All in favor, motion carried.
SCULPTURE AT JEROME GALLERY
City Attorney Nuttall told Council she would ",rite a letter of encroachment with the
three standard reguests, for indemnification, insurance, and remove at the City's
request.
Councilman Behrendt moved to approve puttinq sculpture on the Mill street side of t,he
Hotel Jerome v.lith the standard three conditlons; seconded by Councilman Parry. All in
favor, motion carried.
APPOINTMENTS TO BOARDS 1',ND COM~lISSIONS -HPC and Board of Appeals
Council asked Ms. Nuttall ~..7hat the status of the building permit by Gaard Moses \~'as.
Ns. Nuttall ans\,;'ered that. this is not resolved at this point. t.ls. Nuttall saidsZw
anticipated the City will have to file a law suit; the City and Moses will be adversaries.
Nayor Standley opened the floor to nominations.
Councilman Hershey moved to nominate Susan Hoban to the BO<lrd of Appeals and Examiners;
seconded by Councilman Behrendt. All in favor, motion carried.
Councih:oman Johnston moved to appoint Jon Seigle to the HPC as a full member; seconded
by Councilman Wishart. All in favor ,motion carried.
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Councilman Parry moved to appoint Gaard Moses to the lIPe; seconded by Councilman Hershey.
Councilwoman Johnston stated that if there is someone who is under investi.gation for an
illegal thing in the City, she believes that the City hns the obligation to keep the
BOD.rds at the best cD.liber that can be found. It is not fair to tho citizens to huve
someone on a Board \0.'110 is not following the City1s code. Councilman Wishart said the
point is \-.'cll taken, but. that is presuming Hoses is guilty_ 'l'heCouncil can remove
Hoses if he is found guilty. All ~n favor, with the exception of Councilmcmbers Johnston
and Behrendt. Motion carried.
;:~ FINJ\L SUBDIVISION' APPROVl\f:. - Cooper Avenue
Hs. Smith, planning offi.ce, told Council this is t.he final. plat for the Cooper Avenue
apartments, located on East Cooper near ,the Roarin~r Fork river on the north side of the
street. This is all existing Victorian building witll 4 two-bedroom and one studio units.
'rhe P & Z approved the preliminary plot and attached scveri:ll condit.ions, most of \vhich
were technicnl engineering matters. The crlqin~crin0 ~0pnrtment rovi0wcd tIle survey and.
thc{~c have been t<.)kt~n ca re of \,.'..l ell t.he except ion of the conti i U.on 0 f B parki IHJ spa.ces
locilt€'d in the r0,11' of tHe building. Ms. Smith pointed out th<1t itl!.; not pO~:;!:libJ.c to
get this. C.ityEn9incer Ellisrccontmends th<ll this be d.ropped to 7, feeling that the
ext.ra pt1rking space woulcJcncroach in' tho side yard or i.'llley.
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l?, 1977
.';. Smith told Counc.i.l th"H; thcb';brlivif,ion improvc.:mcmt. ilCjTPCl1)'C'nL ]ook(~u fint' with the
xccption of u requcr:;t: to 51l~;C'rt join.in(J a Sp(~ciaJ iJ11Pl~OVCm0nL .d'istti cl, esp(~ciaJly for
treels, ,cud.!~; ilJ)c.l9ut:t:crs. 'J'11n .planning office is rC'CJl1c:o;tiri~-r thr) 90 day ri9l1t of fir~it
(~fu~';al be. j ncorpora Led as shoul(l the. concH tion . of ~dx month min imlJm lc'{)s(~. 11:;. ~;mi Lh
nfon1lcd the Council. Chnt the .subdivision aqrcbmc:nL did irJclucle i.l provision that the
uturo ()vmcr~; 'dill agree to .join any districtcstabJi,,;hcc1 for llndcr'qrounding of utili.tics.
s. Smith pointc'c1 out, that with respect to condomin.i.umiztlLion pOlicy, ~..hich is up fOl-
uhlic hearing later,' this;lpplication vlill comply tiS thl~eC' auLaE t.hQ five exiliting
enants have (H::l.n~('d to purchosc.: the uniU::."
~)yor Standley asked ahout the purchase price. Gideon Kaufrn2ln, reprcscntinq the Schiffs,
old Council he provided tIle price to SllOW that this comJ)J,ied witll conJominitlmization
olley. There arc only three units I)oioq offered for sale; all three arc t,6ing Pllrchased
or $GO,OOO pJllS .]0 per cerlt of the price of condomi,lliumiznLion. The Schiffs will retain
llC unit to ],ivc in themselves. TIle other is a smnll studio.
ounciJ,man BehrOlldt moved to approve the filIal subdivision subject to the two COllditions
cquestec1 Ly the planning department and the compliance 1,-lith the condom"iniumizaLion pOlicy,
ight of first rcfus2Il and six month lease minimum; seconded by Councilman i'hshart.. All
rl favor, moUon carried.
E^~~.!'~EH O.~~2~.QH L1CEt.JSE - l\.spen Inn Club
::Jr.:ry Ed"lards, representing Daniel Wardwell, told Council that he <:ind the City Clerk had
20n over the tapes of the January 10, February 14 and 28 Council meetings \v'ith regards
Jthis transfer. At the January 10 meeting it was moved to approve the renewal and the
J4-A transferring the stock to WardweJ,l. Then City Attorney Stuller asked that it be
j0cked out that the 404-A was appropriate. At this point, the 404-A got shelved and
)thing happened.
)uncilnk1n Parry moved to approve the stock transfer of the Asp~n Inn Club to Daniel
::l.rd"'ic:dl; second,cd by Councilmnn Van Ness.
:Jyor Standley asked if the kitchen had been taken care of. Edvlards ans\...-ered that before
le Inn Club opens, prior to January 18 \\'hen the license expires, they ~.'ill install a
itchen to become operntive and to include the approvJ.l from Dotson and Tom DunJ.op.
II in favor, motion carried.
JB LEASE
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~t Daily, representing the Pub, told Council their lease expires April 30, 1978, and the
Ib wouJ.d like to have an extension. The Pub, as a business, has to plan ahcud at least
10. season. City Manager Mahoney toldCo~ncil he had discussed this, and Uiltil the City
1O\\'S \o.'hat the t'.JheeJ.er Opera House is going to do, the staff would recommend a six month
~ase with six month renC"iwl option. Daily pointed out that the Pub would like to extend
Ie lease as long as possible. The City is not certain \\lhen they will accom.plish the
,modelling. The Pub would like a minimum year's extension. 'fhe SHales lease on the
)stairsdocs not expire until 1981. Finance Director Butterbaugh told Council the Pub
tS paying $625 per month.. This was reviev.'c:d last year and is competitive for basement
)ace..
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lhoney stated 'the City \o.'ou10 like to maintain all their options. Mayor Standley said
lC policy deci.sion was to htlve all the leases expire at the snme t:im(O! and then have them
I a month to month basis. Nayor Standley said something may happen as early as January
!79. Councilman \'7ishart said he had no problem \'l:i.t.h a year extension, that nothing 'id_ll
lppen in the next yeur. Councilman Ivisbart pointed out that t.he Pub needed this security
businessmen. Mayor Standley said the City needed to have total planning flexIbility
icn they need it. The Council should lot the Pub lease through December 31, 1978 with
e City option to rencw assuming the C.it.y doesn't hnve anything going.. The Pub will have
or 6 months lead time to know what the City is planning to do..
uncilman Hcrshey moved to renew the Pub's lease to the first of the year 1979 ~..;ith an
tion to renew periOd not to exceed six months, option to be of the City; seconded by
uncilman Behrendt.
uncilman Van Ness said he felt Some sort of notice is required in the lease. Councilman
rshey suggested a 60 day notice. Coullcj.lman VanNess pointed out that this space canllot
compared with other commercial spaces in town because of the condition it is in..
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1 in favor, motion carried.
?!~l\NCE #5~pERIES OF 1977 - Condominiumization Policy
(or Standley opened the public hearing.. Gideon Kaufman told Council he had spent many
nths going over this whole idea and fwd some suggc~;tions. Kaufman stated this would
lJe tenants an. opportunity not contemplated in thc contract; when their tenancy is up,
~~y should no longer have the right of first refusal.. Planner K<3.nc said he ~vould lcave
~ ordinancc the wo.y it is. I{au(man a:o,ked then to add to See. 20-22 (a) Unon-ut;signablc"
~:.ion to purchase. Council agreed with this.. ..K'lllfm,ul brouqhL up (c) (3) t:cnants are
)vided .::It Ie,lst. 180 days to locate other houS1.n9. Mvyor Stanclley answered this was in
~ ordinance so that people \o.'on I t he out of housing in the mic1tllc of the season..
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~fll1an pointed out (b) that all unit~j are restricted to six month minimum ]cZlses. The
"ent.ionfor this was for 1mV' and moderate income housing.. .Kilufman said some very
)en~.dvcdl1ple::es arc ~Te<'\red to short term rentaJ~;, <ll1d he...mu1d like provisi.ons to get
ll1nU thi~> c.']aus(.', if }:)0:';5ib10.. l1ayor Standley said his attitude the more units that call
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M E M 0 RAN DUM
TO: Aspen Planning and Zoning Commission
FROM: Planning Office (KS)
RE: Cooper Avenue Victorians - Preliminary Plat
DATE: November 11, 1977
On Tuesday, November 15, a public hearing will be held to consider the
preliminary plat for the Cooper Avenue Victorians owned by Esther Schiff.
Conceptual approval of the condominiumization application was granted by
Council on September 26, 1977. That approval was conditioned on six
month lease restriction, 90 day right of first refusal, and payment of
the park dedication fee as well as on resolution of several concerns
expressed by the City Engineer.
The City Engineer has reviewed the plat. The conceptual concerns have
been resolved, but he notes several conditions of preliminary plat
approval in his November 4th memorandum which is attached. The third
item has been resolved as it was determined that adjacent property
owners have been notified.
George Newell, the Fire Marshall, has asked that smoke detectors be
placed in each unit. We are asking the City Attorney whether this
can be a condition of the exemption.
The Planning Office recommends approval subject to resolution of the
concerns of the City Engineer prior to Final Plat. The conditions of
conceptual approval concerning housing impact and dedication fees
remain as conditions.
Plats are available in our office and will be brought to the meeting.
lmk
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\J/ / Pf ~ ~ COOPER AVENUE VICTORIAN COl'i'bOMIN:tiJJ>1S
(A Residential Condominium)
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, entered into and made this
day of
December, 1977, by and between ESTHER SCHIFF ("Subdivider") and
the CITY OF ASPEN, COLORADO, a municipal corporation ("City").
WIT N E SSE T H :
WHEREAS, Subdivider is owner of an apartment situated on a
tract of land within Pitkin County, Colorado, consisting of
Lots N, East 20 feet of Lot M and West 20 feet of Lot 0, Block 34,
East Aspen Addition, County of Pitkin, State of Colorado, and
WHEREAS, Subdivider has submitted to City for approval,
execution and recording a final subdivision plat of the above
described property, such subdivision to be known and designated
as "Cooper Avenue Victorian Condominiums", and,
WHEREAS, the City has fully considered such subdivision plat,
the proposed condominiumization of the improvement on the subject
property shown thereon, and is willing to approve, execute and accept
said plat for recOrdation upon the agreement of Subdivider to the
matters hereinafter described, which matters are deemed necessary
to protect, promote and enhance the public welfare, and
WHEREAS, Subdivider and the City wish to reduce said Agree-
ment to writing,
NOW, THEREFORE, in consideration of the premises, the
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mutual covenants herein contained, the parties hereto hereby
L Subdivider COvenants and agrees to and with the City
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agree as follows:
that she will affirmatively consent to and join in the formation
of any special improvement district, encompassing all or part
of Cooper Avenue Victorian Condominiums, that may hereafter be
proposed or formed for burying electrical improvements. Sub-
divider hereby waives and further covenants and agrees to waive
any right to protest against the formation of any such district.
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2. Owner and Subdivider, fer herself, her successors in
interest, grantees and assigns, covenants and agrees that, in
the event the City undertakes burying electrical improvements
without the formation of a special assessment district when
such burying of electrical improvements includes burying
electrical improvements for Cooper Avenue Victorian Condominiums,
Lots N, East 20 feet of Lot M and West 20 feet of Lot 0, Block
34, East Aspen Addition, she or her successors in interest will
pay the actual cost of any such payment to be made to the City
within ninety (90) days after completion of the improvements and
on receipt of written notice and demand for such payment.
3. No mUlti-family dwelling unit within the Cooper Avenue
Victorian Condominiums shall be leased for any period of less
than six (6) successive months or, in the alternative, be leased
more than twice for short-term perio&within any calendar year
(in addition to occupancy by the owners or any lessee for a six-
month lease term).
4. Upon execution of this Agreement by all parties
hereto, City agrees to approve and execute the final plat of
the Cooper Avenue Victorian Condominiums Subdivision and accept
the same for recording in the real property records of Pitkin
County., Colorado, upon payment of recording fees and costs to
City by Subdivider.
5; The covenants and agreements of the Subdivider herein
shall be deemed covenants that run with the land, shall burden
the land included within the Cooper Avenue Victorian Condominiums
and shall bind and be specifically enforceable against all sub-
sequent owners thereof, including Subdivider, her heirs, personal
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representatives, successors in interest and assigns.
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M E M 0 RAN DUM
TO: Aspen City Council
FROM: Planning Office (KS)
RE: Cooper Avenue Victorians - Final Plat
DATE: December 8, 1977
Back to you for Final Plat approval is the condominiumization application
of Esther Schiff for her five unit, three story structure on East Cooper
Avenue. There are 4 two bedroom units and one studio with loft. After
a public hearing on November 15th, the P&Z recommended approval of the
preliminary plat subject to several conditions mainly related to technical
engineering concerns, but also including the cohditions of conceputal
approval (90 day right of first refusal, six month minimum lease
restriction, and payment of the park dedication fee.)
The City Engineer has reviewed the Final Plat for resolution of those
engineering concerns and has certified that most have been corrected.
A few details were to be worked out later this week. With respect to
the P&Z's condition that eight parking spaces be located on the site,
if possible, Dave recommends that the condition be dropped. The
surveyor has been able to fit in only seven, and Dave states that to
squeeze in the eighth would require encroachment on the alley or side-
yard. We agree that this result would be more deleterious than leaving
the number at seven. In lieu of Engineering's earlier request that
electrical and communication improvements be buried at this time, they
are willing to accept an electric and communications easement on the
plat with a committment to join any future undergrounding improvement
district when.it is formed.
What remains to complete Final Plat requirements is to include the above
conditions and committments in the:Subdivision Agreement. ~Jith respect
to the 90 day right of first refusal, we request that the agreement
language reflect that of the latest draft of Ordinance #53 (condominium-
ization Policy) or whatever language is adopted after the public hearing
on Monday. Dave Ellis requests that the agreement also include a
provision to reimburse the City directly for utilities undergounding
in the event that improvements are constructed without the formation of
the district. We expect to have the revised Agreement ready for your
Monday meeting..
With respect to the condominiumization policy which mayor may not be
adopted Monday, the applicant's attorney has presented us certain
relevant information. Namely, 3 out of 5 of the current tenants have
contracted to purchase the units when condominiumization takes place.
We were told earlier that the two bedroom units would be sold at
about $60,000 plus 10% of the costs of condominiumization. We will ask
for an update from the applicant should the condominiumization policy
pass.
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M E MaR AND U M
FROM:
RE:
DATE:
City Engineering Department
City Water Department
City Parks Department
City Electric Department
Fire Marshal
Rocky Mountain Natural Gas
Mountain Bell
Aspen Sanitation District
Karen Smith, Planning Office
Preliminary Plat of Schiff Condominiumization
TO:
October 27, 1977
Attached is the preliminary plat submission of' an existing building to
be condominiumized located on East Cooper Avenue. The existing building
is a five unit Victorian-style building owned by Esther Schiff.
Esther Schiff will appear before the Planning and Zoning Commission on
November 15th. If you feel that you will have any problems in submitting
your comments before this date, please let me know. Otherwise, we would
appreciate your comments by November 10th.
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DATr: C~;~;',~,:
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OPTION TO BUY REAL ESTATE
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KNOW ALL MEN that, in consideration of the sum of ten (10)
dollars to me in hand paid at the time of the execution and
delivery of this option, and other good and valuable considera-
tion, I, Ester M. Schiff, residing at 0181 Larkspur Lane,
Aspen, Colorado, hereby agree to hold, until July 15, 1978,
at 12:00 p.m., subject exclusively to the order of Barry D.
Edwards or Karen L. Otter, the following described real property:
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or to convey the property by general warranty deed, with full
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Apartment No. 3 and Storage Space No.3,
located in the apartment building at 1012
East Cooper Avenue, Aspen, Pitkin County,
Colorado. (It is contemplated that the
described apartment building shall be
condominiumized on or before the expira-
tion date of this option, in which event
the Apartment No. 3 and Storage Space No.
3 described heretofore will be conveyed
by their accurate descriptions as set
forth in the condominium map.);
covenants, and release of dower or courtesy, if any, free from
all encumbrances, at any time within the time above described,
to Barry D. Edwards or Karen L. Otter, as he or she may direct,
for the price of $60,000.00 plus one-tenth (1/10) of the costs
incurred by Ester M. Schiff in the condominiumization of the
apartment building.
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It is contemplated that such costs will
include park dedication fees, legal fees, and miscellaneous
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related expenses.
If the holders of this option, or either of them, shall
elect to exercise this option, then in such event the amount
paid as consideration for this option shall be credited upon
the purchase price; but if the holders of this option shall
fail to exercise this option within the time prescribed, then,
the amount paid as consideration for this option shall be
retained by Ester M. Schiff in full satisfaction for granting
this option and for holding the property for the time provided
herein.
Aspen/Pit
130 s
aspen
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ning Office
October 27, 1977
TO ADJACENT PROPERTY OWNERS:
Notice is hereby given that a public hearing will be held on November
15, 1977 at a meeting held at 5:00 p.m. in the City Council Chambers,
Aspen, before the Aspen Planning and Zoning Corrmission to consider the
Preliminary Plat condo'iliniumization of an existing building owned by
Esther Schiff locJted at 1012 East Cooper Avenue. The existing building
is presently a five unit Victorian-style building.
A copy of the preliminary p',at may be examined in the office of the
City/County Planiler, City Hall, during regular business hours.
Returned - Wrong Address 11-10-77
Paul and Madge Wilcox
P.O. Box 13' ,
Aspen, Colorado 81611
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M E M 0 RAN DUM
TO:
City Engineering Department
City Water Department
City Parks Department
City~lectric Department
~Marsha1
Rocky Mountain Natural Gas
Mountain Bell
Aspen Sanitation District
FROM: Karen Smith, Planning Office
""
RE: Preliminary Plat of Schiff Condominiumization
DATE: October 27, 1977
Attached is the preliminary plat submission of. an existing building to
be condominiumized located on East Cooper Avenue. The existing building
is a five unit Victorian-style building owned by Esther Schiff.
Esther Schiff wi 11 appear before the P1 anni ng and Zoni ng Commi ss i on on
November 15th. If you feel that you will have any problems in submitting
your comments before this date, please let me know. Otherwise, we would
appreciate your comments by November 10th.
TO: ~5~
F f-OM: CcO~GG;
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M E M 0 RAN DUM
TO: City Engineering Department
tkttY Hater Department
Ci ty Parks Department
City Electric Department
Fire Marshal
Rocky Mountain Natural Gas
Mountain Bell
Aspen Sanitation District
FROM: Karen Smith, Planning Office
RE: Preliminary Plat of Schiff Condominiumization
DATE: October 27, 1977
Attached is the preliminary plat submission of' an existing building to
be condominiumized located on East Cooper Avenue. The existing building
is a five unit Victorian-style building owned by Esther Schiff.
Esther Schiff will appear before the Planning and Zoning Commission on
November 15th. If you feel that you will have any problems in submitting
your comments before this date, please let me know. Otherwise, we would
appreciate your comments by November lOth.
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M E M 0 RAN DUM
TO: City Engineering Department
City Water Department
City Parks Department
City Electric Department
FiJ:e Marshal
~ckv Mountain Natural Gas
'Rountain Bell
Aspen Sanitation District
FROM: Karen Smith, Planning Office
RE: Preliminary Plat of Schiff Condominiumization
DATE: October 27, 1977
Attached is the pre 1 imi nary plat submi ss i on of an exi sti ng buil di ng to
be condominiumized located on East -Cooper Avenue. The existing building
is a five unit Victorian-style building owned by Esther Schiff.
Esther Schiff will appear before the Planning and Zoning Commission on
November 15th. If you feel that you will have any problems in submitting
your comments before this date, please let me know. Otherwise, we would
appreciate your comments by November 10th.
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Aspen/Pit
130 s
ning Office
tree t
1611
October 27, 1977
TO ADJACENT PROPERTY OWNERS:
Notice is hereby Diven that a public hearing will be held on November
15, 1977 at a meeting held at 5:00 p.m. in the City Council Chambers,
Aspen, before the Aspen Planning and Zoning Commission to consider the
Preliminary Plat condominiumization of an existing building owned by
Esther Schiff located at 1012 East Cooper Avenue. The existing building
is presently a five unit Victorian-style building.
A copy of the preliminary plat may be examined in the office of the
City/County Planner, City Hall, during regular business hours.
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villager Townhouse
6 Jim Wall, Box 8241
unit 1 Arnold, Katherine, Box 2981
2 Marold, L.J. and B., Box 1952
3 Dormant, Ronald, 7475 E. Harvard Ave. #F, Denver
4 Gross, Alexander L., Box 9200
5 Hughes, Robert Warren and Marilyn, Box 4552
7 Maughan, Carl , Box 1801
8 Marino, Ann R., Box 8328
Block 37
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Cowl~ng, Jonn~e and Earl - 11 tl"/.#~
wilcox, Paul and Madge, Box 1801
Lot A
B
E
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G
Bartlett, Leland and Josephine, Box 936
Maurine, Kenneth and Mollie, Box 13
Maddalone, P.E., M.A., C.M.: Box 635
K
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Clark, C.M. and Zoline, Box 390
McDonald, Joyce, Box 352
Maurine, Kenneth and Mo~lie, Box 13
Lum, Susan, Box 1571
Chateau Roaring Fork
Chateau Develop~ent Co., 105 W. Adam Str~et, Chicago
Neligh C~ Coates, Jr. , Box 4949
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Conceptual Presentation
..For Proposed
Condominiumization of Existing Apartments
Under
"Aspen, Colorado, Subdivision Regulation"
(ord, no 22 - 1975 para. 1)
site: Lot N, East 20 feet of M and West 20 feet of 0 Block 34_
city and Townsite of Aspen, pitkin County, Colorado
Applicant:
Esther M. Schiff
0181 Larkspur
l30x 3238
Aspen, Colorado, 81611
phone: 925-1534
925-3837
Date submitted to Planning Office: June 27, 1977
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Conceptual Presentation
schiff Apartments
Proposed Name: Cooper street victorian
Legal Description: Lot N, East 20 feet of M and West 20
feet of lot 0, of Block 34, East Aspen, pitkin
County, Colorado
site Location and Description: the location is on the
north side of cooper Avenue, 70 feet east of
Cleveland street, and Approximately 400 feet
west of the Roaring Fork River.
It has 70 feet of frontage along Cooper Avenue
and a depth of 100 feet to the service alley.
The bite is rectangularly shaped and contains
7,000 square feet.
Building Description: The building is a four year old,
three-story frame building of victorian design;
it contains 3 two-bedroom units, 1 two bedroom
pent house unit and one studio unit.
The units are unique in architecture, design, and
appeal. They are in very good condition and of
quality construction.
Units #1, #2, and #3 are all two bedroom town-
houses. They occupy the first two floors.
Unit #1 786 square feet
unit #2 868 square feet
Unit *13 772 square feet
Unit #4 is on the third floor and has cathedral
ceilings and a large sleeping loft. It contains
792 square feet plus loft.
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Unit #5 is also on the third floor,. has
cathedral ceilings, and a large sleeping
loft in addition to 380 square feet of floor
area. Off street parking is available be-
hind the building for each Unit.
Area Data: The building is three blocks from the commercial
core of Aspen. The area is approximately 95 percent
built up with apartments, condominiums and small
older residences.
Present population: The units are presently occupied by
people who are employed in Aspen, with the ex-
ception of the current tenant in the studio. This
person has just moved to Aspen, and is seeking
employment. ./
Present lease holders are:
Unit #2:
Joseph Wells - employed by the city
of Aspen. He has expressed an
interest in buying the studio unit
if it becomes available.
Ross Goldstein, practicing clinical
psychologist, formerly with Touch-
stone, presently in private practice,
has agreed to purchasing Unit #2
when available.
Barry Edwards - attorney with the firm
of Oates, Austen and McGrath. Verbal
agreement to purchase his unit when
available.
Nancy Torgerud - nurse at Aspen Valley
Hospital. Lease until Mat I, 1978.
Lease will be honored or leaseewould
be given first right of refusal.
Unit #1:
Unit #3:
Unit #4:
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Rationale: It has become impossible to maintain and run
this building as long term, reasonable cost rental
units. The owner plans to sell units Two and Three
to their present renters. The -other Units would
remain rental Units until a future date. The
present population would not be displaced, and land
use would not be changed.
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n"'d ...<- 0:' 0 0'0100" b.. ~l 5, 1972 "'0,0''''-'
Atl<.~r.:&""".7'~~~'~~" -;,' '?---~.7~.-..~...,; II'-Or
ROO8pticm No'~.._.J50823 -R.~ggy_~.._ Jdich.__..Reeorder. .....
i'ACE461
Tms DEED. Madethia 30th day of November .19 71.;.,
wtw...
'-FLORENCE E. CORY A
FILING ,STAMP
00"'.2fj2 rA 780
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of the County of Pi tk i n and State of
Colo:rado, of, th~ first part, and
SAMUEL B.,SCHIFF and ESTHER'M. SCHIFF
ST.~.H tC~~::;JTI.RY fH
.APk!) 19/~~
$...... ".....:::':!5..:::::::_
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of the Countyof Pitkin and State of
Colorado, of the second part:
WITNESSETH, that the said party of the first Jl1.1rl, for and in consideration of the sum of
consideratio
TEN & 00/100($10.00) Dollars and other good and valuable / DOLLARS
and other good and valuable considerations to the said party of the first part in hand paid by the said parties of the
second part, the receipt whereof is hereby confessed and .acknowledged, has granted,' bargained, sold and conveyed,
and by these presents does grant, bargain, sell, convey and confirm unto the' said parties of second part, their
heirs a.nd llSSigns forever, not in tenancy in common but in joint tenancy, all the followbig described lot S or
pareel S of land, situate, lying and .being in the County of Pi tkin and State
of Colorado, to wit:
Surface rights in and to the East Twenty (20')
feet of Lot M, all Of Lot N and the West Twenty
(20') of Lot 0, in Block 34, EAST ASPEN ADDITION
This deed a CORRECTION DEED to correct an error
in the BlOCk designation in that certain deed
recorded in Book 259 at Page 708 of the records
of Pitkin County, Colorado, wnrcn-shou1d have been
Block 34, but was recited as Block 24 in the deed
~o recor.ded. . . . .
TOGETHER W1th all and smgUlar the hereditaments and appurtenances thereunto bell>njtlng, or 1D &nyma:e
appertaining and the reversion and reversions, remainder and remainders, rents, is&ues and profits thereof; and
all the estate, right, titJe,interest, claim and demand whatsoever of the Mid party of the first part, either in law or
equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND' TO HOLD the said premises above bargained arid desen11ed, with the '8.Pi>url.cnanees, Unto the
said parties of the second part, their heirs and assigns forever. And the .said party of the first PArt, for himself, lli
heirs, executors, and administrators, does covenant, 2l'ant, bargain nnd ngTOO to and with' the said parties of the I
sewnd part, their heirs and assign.s,that at the time of the ensealing and delivery of these preaents. he is well seized !I
of the premises above conveyed, as of good. aure, perfeet,absolute and inde:teU:ible estate a!. inherita.nee, in law, ill
fee simple, and has good right, full power and lawfUl authority to grant, bargain, sell and conveytha same in mannar
and fonn aforesaid, and that the same are free and cl.::a.:r from all former and other grants, bargains. $ales, liens,
taxes, assessments and encumbrances of whatever kind or natura soever, except general taxes for
1971, payable January 1, 1972, and any possessory interest which
might be claimed by the owner of the West Ten (10!) of Lot M in
Block 34 EAST ASPEN ADDITION. and subject to United States patent
reservations of record affecting the supject property.
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and the a.bove bargained premises in the quiet and ~able possession, of the said pmties. of. the second part, the
survivor of them, their assigns &nd the heirs IlIld MIDgn3 ot such sUrvivor, against all and (iVory peraon or person&
la:wfully claiming' or to claim the whole or any part thereof, the s.W:d party of tho first part sluilll:Jld will WARRANT
AND }l'OREVER DEFEND. The eingular number shall include thephtral, the plural the singular, and the use of any
gender sball bo applicnble to all gendeJ:'S.
IN WITNESS WHEREOF the wid party of tho first part has hereunto Mt his hand andaeaI the day and year
fir" ,bove writ"n. 7Y ~, "'-<_fL Z' ~
Signed, Scaled and Delivered in the Presence of ) :::=~.::~~~~:::~::::..~.~~~:~::::~::::
.. :'.~.O."7J~ "'0""'.'''.' ... .. ........... .......m......... . .-......-...... ...-.......-......-.................-..-...........................-.. [SEAL]
.." ,'0 ~.:...............-1~ATE OF COLORADO, }
:"I~.' ...,.. .o.,r,") Sll.
;' S....\;\\J'ii-J?)/ ....t.,Countyc! Pitkin <~ "
~ "'rjf, l'hg('i?~r;::ing ~tttrument was acknowledged before methi5 30th day of Nov-eml.7€r
'\ r-.~PU i3{\t9,-<i:;1Ce E. Co~ya
-'. ':;/fL'i Commi.ssi?tr:.~'X;ijr63 I//.'!j' '7'.-.
. '7' ......... C..:'.... ' / I '-.
"'.,,- OF CD'..-
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. 1972 .
, 19 . Witness ,my hand and. official seal.
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ASPEN SANITATION DISTRICT
ASPEN. COLORADO 81611
November 16, 1977
City/ County Planning Office
130 S. Galena
Aspen, Colorado 81611
RE: Preliminary Plat of Schiff Condominium
Att: Karen Smith
Dear Karen:
Aspen Sanitation District feels that there is no problem in servlclng this
existing building as the service is already there. The only change would be
in the rate structure.
Sincerely
;j<.~ let' -
Aspen Sanitation District
Heiko Kuhn, District Manager
HK/ld
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
ESTHER SCHIFF
CITY OF ASPEN
by:
STACY STANDLEY, III, MAYOR
ATTEST:
KATHRYN S. HAUTER, City Clerk