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Home My WebLink Aboutcoa.lu.ex.Alpine Acres-Lots 1,4,5.1977�om, c* - D,,� ALPINE ACRES Lot3 I ;4 �E m Recorded 1:27 1- gist 4, 1977 Reception # Julie 11ane Re(-o er 0", 3ooK333 PAGE STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION WHEREAS, LUKE W. ANTHONY ("applicant"), has constructed and there exist in place three (3) duplexes located within the City of Aspen, which location is more particularly described as: One (1) duplex each on Lots 1, 4, and 5, Alpine Acres Subdivision Pitkin County, Colorado, and WHEREAS, the applicant has applied, pursuant to the provisions of Section 20-19(b) of the Aspen Municipal Code, for an exemption from the definition of subdivision for the creation of two separate condominium units on each of the above described lots, and WHEREAS, the Aspen Planning and Zoning Commission did, at its meeting held 197*, determine that this proposed condominiumization is without the intents and purposes of subdivision regulation (subject to certain conditions) and did further recommend to the City Council that the requested exemption be granted, and WHEREAS, the Aspen City Council, at a regular meeting held ,�� 28 , 1977, did consider the requested exemption, did agree that issuance of an exemption is appropriate, and did grant the same subject to certain conditions, THEREFORE, NOTICE IS HEREBY GIVEN that the City Council of the City of Aspen, Colorado, has granted an exemption from the definition of subdivision for the creation of two separate o each of the lots above described condominium units/ana conveyance of separate interests in said units for the Lots and improvements above described. PLEASE TAKE FURTHER NOTICE that this grant of exception is conditioned as follows: 1. That the applicant shall pay to the City of Aspen the appropriate Park Dedication Fee attributable to the six (6) units and calculated pursuant to Section 7-143 of the Aspen Municipal Code, which amount has been paid on the date of this statement. 0 0 sooK 333 Pact 05 2. That both units of the duplex be subject to the City's rental policy of six month minimum rental, with allowance of two short term rental restrictions. 3. That the conditions hereby imposed shall be deemed covenants running with the land and burden the same, and be binding upon the applicant, his heirs, assigns and usccessors in interest. DAT the City of A exemption from the definition of subdivision was granted by the Aspen City Council at its regular meeting held , 1977. City Clerk of the City of Aspen STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing was acknowledged before me this T' day of y.:`__, 1977, by Stacy Standley, III, Mayor, and by L �i' �1'iNS 1�c PvT City Clerk, of the City of Aspen, Colorado. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: �; y i tary Pu lic a 0 0 .�� , � � /�G�L, • MEMORANDUM TO: ASPEN CITY COUNCIL FROM: PLANNING STAFF (HC) RE: SUBDIVISION EXEMPTION -ALPINE ACRES TRANSFER TO THE CITY OF ADDITIONAL RIGHT- OF-WAY FOR GIBSON AVENUE DATE: NOVEMBER 17, 1976 This is a request for Subdivision Exemption by Luke Anthony to transfer land to the City of Aspen for use as right-of-way for Gibson Avenue. The land to be dedicated to the City is described by the attached survey. The dedication of this parcel is a condition of annexation previously imposed by the City Council. The Aspen Planning and Zoning Commission on Nov. 16, 1_976 re.ceJved approval of the subdivision exemption. The Planning Office recommends approval of the Subdivision Exemption as the parcel is not being created for development purposes and therefore is not within the intent and purpose of the Subdivision Regulations. N 23044'00" W 135.84 feet along the southwesterly line of said Lot 1; thence N 55035'35" E 11.33 feet; thence 100.94 feet along the arc of a curve to the right having a radius of 350.57 feet, the chord of which curve bears S 26°09130" E 100.59 feet; thence S 17054'35" E 49.11 feet to a point onth e southerly line of said Lot 1; thence N 66°09'00" W 15.46 feet along said southerly line to the point of beginning, containing 0.049 acres morn or less. It is agreed between Anthony and the City that such grant shall satisfy the purposes sought. Public right-of-way purposes shall be deeded to include roads, underground.utilities, sidewalks, curbs and gutters, but not limited thereto. (b) SILVER KING DRIVE RIGHT-OF-WAY. In addition, the City requires the dedication of a portion of Lot 1 of Alpine Acres Subdivision as it abuts Silver King Drive for all public purposes. Anthony has had surveyed, is the fee owner of and shall dedicate to the City*of Aspen the following described real property comprising a part of the said Lot 1: _ A portion of Lot 1, Alpine Acres Subdivision, Pitkin County, Colorado, being more fully described as Follows: Beginning at the most westerly corner of said Lot 1; thence N 66*16100" E 28.11 feet along the northwesterly li.e-12. of said Lot 1; thence S 48050'17" E 21.68 feet along the North- easterly line of said Lot 1; thence S 55°35'35" W 37.97 feet to a point on the southwesterly line of said Lot 1; thence N 23°44'00" W 26.67 feet along said southwesterly line to the point of beginning, containing 0.007 acres, more or less. It is understood that the said dedication shall require an exemption to the City's Subdivision Regulations. The City shall, at its expense undertaking the processing of an applica- tion for such exemption. Anthony agrees to cooperate with the City in the filing and processing of such exemption application. (5) ZONING. The Parties hereto agree that the annexation of the property into the City of Aspen is conditional upon the granting (by the City's Planning and Zoning Commission and City Council) of the coning classification of R-15 for the Subdivision as the same exists on the date thereof in accordance with the Official Code of the City of Aspen. Anthony and Coates 6 0 MEMORANDUM TO: City Council FROM: Planning Staff (HC) RE: Subdivision Exemption - Alpine Acres Lots 1,4 and 5 DATE: March 10, 1977 This is a request for subdivision exemption for the condominiumi- zation of three existing duplexes on Lots 1, 4 and 5, Alpine Acres Subdivision. As you recall, the property has been recently annexed to the City and is subject to an annexation agreement. The application is technically three separate applications and does qualify for subdivision exemption. The comments of the City Engineer are attached. A copy of the improvement survey will be available for your inspection at the Council meeting. The Planning and Zoning Commission on February 15, 1977 recom- mended approval of the exemption conditioned upon first right of refusal being granted to the present tenants and payment of the subdivision dedication fee. The Planning Office recommends approval of the exemption request subject to payment of the park dedication fee which has been calculated to be $ , and the conditions of the Planning and Zoning Commission. HC/lmk MEMO TO: HAL CLARK PLANNING OFFICE FROM: DAVE ELLIS CITY ENGINEER DATE: February 1, 1977 RE: SUBDIVISION EXEMPTION - Lots 1, 4 and 5, Alpine Acres Subdivision During the recent annexation proceedings for Alpine Acres a thorough review was made of roads, drainage, utilities and other subdivision concerns, and an annexation agreement covers those improvements which are to be made. The engineering department is satisfied with: the agreement as it is and recommends approval of the three exemption applications. • LZ LEONARD M. OATES RONALD D. AUSTIN J. NICHOLAS MCGRATH, JR. WILLIAM R. JORDAN III JOHN THOMAS KELLY ROBERT W. HUGHES LAW OFFICES OATES, AUSTIN & McGRATH 600 EAST HOPKINS STREET ASPEN, COLORADO 81511 City of Aspen Planning Department Aspen City Hall 130 South Galena Aspen, Colorado 81611 January 24, 1977 ATTENTION: Harold S. Clark Dear Hal: AREA CODE 303 TELEPHONE 925-2600 HAND DELIVERED RE: Condominium Subdivision'of Lots R, V, and 5 - Alpine Acres Subdivision i I Following up our telephone conversation of January 20, 1977, I am submitting herewith to y o u copies of improvement surveys for the above Lots, each of which is improved with a duplex structure. As you have been aware, all along during the annex- ation process of Mr. Anthony's properties, it has been our intention to resubdivide units into individual condominium units. I would advise you that each separate lot shall con- stitute a separate condominium. We feel that this matter deserves the recommendation of the City of Aspen Planning Department because: 1. The property is improved at this point in time, a strict application of the provisions of the Chapter would serve no useful purpose; and 2. That the exception is necessary in order to preserve the continuing property right of the applicant; and 3. That the granting of the exception will not be detrimental to the public and welfare or injurious to other property in the area in which the subject property is situate as the improve- ments thereon are already constructed. M OATES, AUSTIN a McGRATH Mr. Harold S. Clark Page Two January 24, 1977 I would ask that this matter be treated as three separate exemption applications and enclose herewith an aggregate of $150.00 representing a non-refundable fee of $50.00 for each exemption requested. It is my belief that sufficient precedent exists in the community by virtue of the multitude of other duplex structures which have been allowed to be condominiumiz_ed or otherwise divided. Very truly yours, OATES, AUSTIN, McGRATH & JORDAN By L Leonard M. Oates 1 mk encs. CITY OF ASPEN CUR FINANCE DEPARTMENT CASHIER'S RECEIPT 01-111 LICENSES & PERMITS 511 ❑ BUSINESS LICENSES 512 ❑ SALES TAX LICENSES 513 ❑ BEER - WINE - LIQUOR LICENSES 514 ❑ CONTRACTOR'S LICENSES 516 ❑ LIQUOR LICENSE APPLICATION 517 ❑ DOG LICENSE 518 ❑ CENTRAL ALARM LICENSE 519 ❑ BICYCLE LICENSES 520 ❑ EXCAVATION PERMITS 521 ❑ CONSTRUCTION PERMITS 522 ❑ ELECTRICAL PERMITS 523 ❑ PLUMBING PERMITS 524 ❑ HEATING PERMITS 525 ❑ SEPTIC TANK PERMITS 01-111 FINES & FORFEITS 561 ❑ COURT FINES 562 ❑ COURT BONDS - FORFEIT 563-01 ❑ TOWING FINES - IMPOUND 563-02 ❑ TOWING FINES - NOT IMPOUND 564 ❑ TRAFFIC FINES 566 ❑ FALSE ALARM FINES 568 ❑ DOG IMPOUND FINES 569 ❑ OTHER FINES & FORFEITS 01-111 OTHER MISC. REVENUES 579 ❑ MAPS, CODES, ZONING REGS. 589 ❑ OTHERS (DESCRIBE) 01-988-632-03 ❑ XEROXING (DESCRIBE) ❑ OTHER - ACCT. NO. DESCRIPTION: (NAME, NUMBER, ETC.): CASHIER VALIDATION RECEIVED FROM '� 4 MEMORANDUM To: Steve Burstein, Planning Office From: Elyse Elliott, Engineering Department Date: July 13, 1987 Re: Alpine Acres Subdivision v ,�1L 13198T After reviewing the application and making a site inspection, the Engineering Department has the following comments: 1. A plat should be submitted that meets the requirements of Section 20-15. In particular, we would like to see the adjacent right-of-way (Matchless Drive, Herron Drive, Silver King and Gibson Street), all structures, utilities and easements. Also, any conditions of approval must be noted on the plat. 2. The applicants should be required to join any future improve- ment districts. 0 MEMORANDUM TO: City Council FROM: Planning Staff (HC) RE: Subdivision Exemption - Alpine Acres Lots 1,4 and 5 DATE: March 10, 1977 This is a request for subdivision exemption for the condominiumi- zation of three existing duplexes on Lots 1, 4 and 5, Alpine Acres Subdivision. As you recall, the property has been recently annexed to the City and is subject to an annexation agreement. The application is technically three separate applications and does qualify for subdivision exemption. The comments of the City Engineer are attached. A copy of the improvement survey will be available for your inspection at the Council meeting. The Planning and Zoning Commission on February 15, 1977 recom- mended approval of the exemption conditioned upon first right of refusal being granted to the present tenants and payment of the subdivision dedication fee. The Planning Office recommends approval of the exemption request subject to payment o 6park dedication fee which has been calculated to be , and the conditions of the Planning and Zoning gommission. HC/lmk I 4 OATES, AUSTIN & MRATH Attorneys at Law 600 East Hopkins Street ASPEN, COLORADO 81611 PuotvjE (303) 925-2600 -�;-;)- ff'-77 LAW OFFICES OATES, AUSTIN, MCGRATH &. JORDAN 600 FAST HOPKINS STREET LEONARD M. OATES ASPEN, COLORADO 61611 RONALD D. AUSTIN J. NICHOLAS MCGRATH, JR. WILLIAM R. JORDAN W ROBERT W. HUGHES BARRY D. EDWARDS March 10, 1977 Mr. Philip S. Mahoney, City Manager City of Aspen 130 S. Galena Aspen, Colorado 81611 AREA CODE 303 TELEPHONE S25-2600 Re: Alpine Acres Subdivision, lots 1, 4, and 5; application by Luke W. Anthony for exemption from definition of subdivision; park dedication fee calculation. Dear Mick: On February 15, the Aspen Planning and Zoning Commission unanimously approved the request of our client, Mr. Anthony, for exemption from the definition of subdivision under Ordinance 22, Series of 1975, as amended, conditioned only upon his agreement to give existing occupants of the units on the subject lots the right of first refusal in the purchase of the units when condominiumized, at market value, and cash payment of the park dedication fee in lieu of a land dedication. Mr. Anthony has agreed to comply fully with these conditions. Regarding his agreement to pay the cash dedication fee pursuant to Sections 20-18(a)(2) and 20-18(a)(4), Aspen Municipal Code, I offer the following for the purpose of documenting the market value of the land and the amount of the cash payment. All lots within Alpine Acres Subdivision have an area of 15,000 square feet, more or less. Mr. Anthony presently has a contract for sale of lots 2 and 3 of the subdivision to Creative Mountain Development Co., Inc. for an aggregate price of $85,000, or $42,500 per lot. This sale is to be consummated within approximately 60 days. However, Mr. Anthony is obligated to Creative Mountain Development Co., Inc. to install underground utilities within lots 2 and 3 at the same time he installs them on lots 1, 4, and 5. The • • OATES, AUSTIN a MCGRATH Mr. Philip S. Mahoney Burch 10, 1977 Page Two estimated cost of this installation is to be $20,000 for the five lots of the subdivision. Thus, the cost of installation of underground utilities within lots 2 and 3 will. be approximately $8,000, or $4,000 per lot. Accepting the net proceeds to Mr. Anthony from the sale of lots 2 and 3 as the fair value of the virtually identical adjacent lots 1, 4, and 5, the market value per lot is $38,500. It should be noted that the lots within the subdivision have no intrinsic or geographical attributes which would cause substantial differences in their values. Computing the cash payment in lieu of land dedication according to Section 20-18(a)(2), Aspen Municipal Code, the following schedule reflects the total payment: I. Duplex #1: a) 920 Gibson Avenue 4 bedrooms 5.3 persons b) 930 Gibson Avenue 2 bedrooms 2.7 persons Square footage dedication 871.2 Cash payment in lieu of dedication $2,238.98 II. Duplex #2: a) 940 Gibson Avenue 3 bedrooms 4.0 persons b) 950 Gibson Avenue 3 bedrooms 4.0 persons Square footage dedication 871.2 Cash payment in lieu of dedication $2,238.98 L-71 M OATES, AUSTIN a MCGRATH Mr. Philip S. Mahoney March 10, 1977 Page Three III.Duplex #3: a) 980 Gibson Avenue 3 bedrooms 4.0 persons b) 990 Gibson Avenue 3 bedrooms 4.0 persons Square footage dedication Cash payment in lieu of dedication 871.2 TOTAL square footage dedication 2,613.6 TOTAL cash payment in lieu of dedication $6,716.94 It would be most helpful to meet either today, March 10, or tomorrow, March 11, regarding the determination of the dedication fee set forth in the above schedule. Sincerely, OATES, BDE/fw TIN, MCGRATH & JORDAN • • MEMO TO: HAL CLARK PLANNING OFFICE FROM: DAVE ELLIS CITY ENGINEER DATE: February 1, 1977 RE: SUBDIVISION EXEMPTION - Lots 1, 4 and 5, Alpine Acres Subdivision During the recent annexation proceedings for Alpine Acres a thorough review was made of roads, drainage, utilities and other subdivision concerns, and an annexation agreement covers those improvements which are to be made. The engineering department is satisfied with the agreement as it is and recommends approval of the three exemption applications. ft LEONARD M. OATES RONALD D. AUSTIN J. NICHOLAS MCGRATH, JR. WILLIAM R. JOROAN III JOHN THOMAS KELLY ROBERT W. HUGHES LAW OFFICES OATES, AUSTIN 8, MCGRATH 600 EAST HOPKINS STREET ASPEN, COLORADO 81611 City of Aspen Planning Department Aspen City Hall 130 South Galena Aspen, Colorado 81611 January 24, 1977 ATTENTION: Harold S. Clark Dear Hal: AREA CODE 303 TELEPHONE 925-2600 HAND DELIVERED RE: Condominium Subdivision of Lots 2, V, and 5 - Alpine Acres Subdivision 1 Following up our telephone conversation of January 20, 1977, I am submitting herewith to y o u copies of improvement surveys for the above Lots, each of which is improved with a duplex structure. As you have been aware, all along during the annex- ation process of Mr. Anthony's properties, it has been our intention to resubdivide units into individual condominium units. I would advise you that each separate lot shall con- stitute a separate condominium. We feel that this matter deserves the recommendation of the City of Aspen Planning Department because: 1. The property is improved at this point in time, a strict application of the provisions of the Chapter would serve no useful purpose; and 2. That the exception is necessary in order to preserve the continuing property right of the applicant; and 3. That the granting of the exception will not be detrimental to the public and welfare or injurious to other property in the area in which the subject property is situate as the improve- ments thereon are already constructed. • OATES, AUSTIN & McGRATH Mr. Harold S. Clark Page Two January 24, 1977 I would ask that this exemption applications $150.00 representing a exemption requested. matter be treated as three separate and enclose herewith an aggregate of non-refundable fee of $50.00 for each It is my belief that sufficient precedent exists in the community by virtue of the multitude of other duplex structures which have been allowed to be condominiumized or otherwise divided. Very truly yours, OATES, AUSTIN, McGRATH & JORDAN By OWL Leonard M. Oates lmk encs. I -�-_-r' RersN-' W/r-LA CAP. L S. I'G"707 r Limr, vf L.5. IZ%O7 _rMl f-%i1 h A — -- I 0 =OUNC_l= Mn5AK W1 PLA. CAP L. �. I-707 SC.I�LE s I" 3 I.O' C�A�IS OF r3eARINC-s5= 1=OUNI� MONUME°.t�l-1"5- N.W. COR. SW. COK LO-f" -,, BLOC-K 1, ALPINff ,ACN',1ff ,. 5URVEYOK5 CERTIFICA-TC I, JOHN P. 3E15CNEL, HEKfft5Y CER-TIFY THAT -TI II:: MAP ACCUf-\ATELY DEFIC75 A SURVEY MADE UN[?r-K MY 5UF f K\i I-DIDN ON 28, 1`17G, OF L CTT 4, 5LOGIC 1, AL.PMr- ACfZEt7 Sunrwl5l01'A, F'FrKIN C.UUNTY, G0LOR/\P0, THt . T"0 T\v'O 5 TORY WCr_v 1=rtAM17: HOU5E5 WERJt r30-T_H FOUN17 TO (oE L.00ATEU ,PN.-I INEL`f WITHIN 7HL 5OUNPAzY Or THE A30VE: Vff_5LKI1?�Ep PR0FEFZTY A5 5HOWN 1-f-J'\EONI. -fHE LOCH-TION .aNC PlMENJIONS Off ALL 5UiLPINCzS, 1MPF\0/EMr_NT:), EA5ENIEN-r5 AND RI&I-i-T5 -Off -WAY IN EVIDENCF=. OK KNOWN TO ME, ANP E= i KOACHMENT5 13Y" OK ON rHESE r fKFM1'�)E5 Alf. ACCUP A\7EL�i SHOWN. TRI-CO NIANAC-sEMENT, tNZ. JANUA" 14, 1977 D dLlHN F 6E15CC DEL 5. I2707 i ni vv Mill Idytif I lUf R, InU. Box 1730 Aspen, Colorado 81611 303-925-2688 JuKvLYLU date: IC -CtS- (� TITLE: IMPROVEMENT SUIRVEY DRAFTED date: ! - l/- - 77 nrz. REVISIONS LOT 4, 13LK. 1 ALPINE AQR F_5 PITKIN COON-TY, COLON JOB NO.: CLIENT: OA-TE.S SHEET NO.: 1 Of 1 FOUND; REBAR W/ PLASTIC CAP L.S. 12707 S ET! Tf REBAR W/ PLASTIC CAP P P L.S. 12707 T 1"1 1 /' N /1 R A I Management, inc. Box 1730 Aspen, Colorado 81611 303,925.2688 FOUND: REBAR W/ PLASTIC CAP- L.S. 12707 S F� o sO. FOUND' REBAR W/PLASTIC CAP L.S. 12707 SURVEYED date: DECEMBER 28 , 1976 DRAFTED date: JANUARY 14 , 1977 D.01 REVISIONS 0 5 10 20 30 40 50 FT. SCALE: I" = 10' BASIS OF BEARING FOUND MONUWNTS AS SHOWN HEREON SURVEYOR'S CERTIFICATE I , JOHN F BEISCHEL, HEREBY CERTIFY THAT ON DECEMBER 28, 1976, A SURVEY WAS MADE UNDER MY SUPER- VISION OF LOT 5, ALPINE ACRES SUBDIVISION, PITKIN COUNTY COLORADO. THE TWO, ONE STORY FRAME HOUSES AND STORAGE SHED WERE FOUND TO BE LOCATED ENTIRELY WITHIN THE BOUNDARY OF THE ABOVE DESCRIBED PROPERTY AS SHOWN HEREON. THE LOCATION AND DIMENSIONS OF ALL BUILDINGS, IMPROVEMENTS, EASEMENTS, RIGHTS- OF- WAY IN EVIDENCE OR KNOWN TO ME AND ENCROACHMENTS BY OR ON THESE PREM]tiES ARE ACCURATELY SHOWN. TRI-CO MANAGEMENT, INC. . J • HN F BEISCHEL JANUARY 17 , 1977 L:S. 12707 TITLE:IMPROVEMENT SURVEY LOT 5 BLOCK I ALPINE ACRES SUBDIVISION PITKIN COUNTY, COLORADO JOB NO.: 76- 2tl-I CLIENT: OAT E S SHEET NO.: I of I 1.1 znWER MP\NF-lOLr- w a NAO N ,ALE' 1" 10' ;,15 OF r-5EAKIN&f : r0UMP MCMUMENTS - c W fOK. 4 W. C-Or- LOT 3, ALPIN'L. &-KE5, F3LK. 1. -)RVEYOK5 CEKTIFICA"M -jOHN E Dr-15CHEL, Pt-f'EY3Y CERTIFY" -THAT 7I111;. �P ACCUKA-tELY PE-PIC- 5 A 5UeVEY MAUr UI`rM r SUPEiKVl510N ON MCF-Mt3EK 29 f976 , Or LO-T 1, CxK. 1, ALPINE. ACteEs �Ut�C�)VI�:ION, PITKfTA COUNT'( �JLO-1-HE TWO TWO SMOKY WC�r FeA.M�. "OUSI✓S W'F-R.E CLOTH F"OUNP -1'0 13E LOCH 1-EC EN - TIf�ELY W17"HIN - Ht=- 00UNPAIZY 0r -ff A50Vr. VE'5-CKIL3El7 PROr1E1QTY AS `KNOWN HETZEON. TIAu LO- CATION ANP C)1NE-N5/0N5 OF ALL r5UILG'INGn, IMPROVE- <v E TOf, EASEMEN7'D AMP fN EVl- r,1eNCE OK. KNOWN -70 ME, AND �1 ICKQ� GFIM NTS 13Y Off. ON-FHt!SE. AKt ACCUK4IELY t -Tr MANAC�EMErAT INC. e�-�J F. F':11 TeL J,p,NUAFY 14, 1R-7 7 2707 t 1 ni vv IVldl Id(,j, Cf f luf li, Ir1C. Box 1730 Aspen, Colorado 81611 303-925,2688 JUnvtYCU date: - - DRAFTED date: x ' REVISIONS TITLE: I " " KOVEM E ^ 1T �7U1� ✓>✓Y LOT I, 0L K. 1 ALPINE ACIZE5 17 K_11 I COUT ffvT , COLC)� �A.0 �O JOB NO.: i , - ZI ! - CLIENT: SHEET NO.: 1 --i-- 1 f �