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MEMORANDUM
DATE: February 18, 1976
TO: Members of City Council
FROM:J7okandra M. Stuller
RE: Requested Exemption from the Definition of
Subdivision - Lots 1, 2 and 3, Block 102
Hallam Addition
Yesterday the P & Z considered and recommended approval of
the grant of an exception from the definition of subdivision request-
ed by Bill Martin for his property at the intersection of Lake and
Gillespie Streets. The attached survey shows the location and build-
ings on the premises.
Mr. Martin's initial request was for an exception to parcel and
sell off the east end of Lot 2 and all of Lot 3. However, inasmuch as
the entire property consists of only 11,500 square feet, the City
Engineer recommended disapproval of this proposal because it would
create two nonconforming lots in this R-6 zone. The P & Z agreed,
but was receptive to Martin's condominiumizing (or entering into a
joint use agreement for) the two structures and the selling of one, as
long as there was no parceling and conveyance of separate interests in
the land. The recommendation of the P & Z contained seven conditions,
and they are itemized on the attached proposed statement.
The P & Z did not address itself to the question of the payment
of an appropriate subdivision dedication fee. Anticipating your
imposing such a requirement, I have included it in the attached draft.
SS/pk
Attachment
STATEMENT OF EXCEPTION
FROM THE DEFINITION OF SUBDIVISION
WHEREAS, W. K. MARTIN is the owner of the following described
property located in pitkin County, Colorado, to wit:
All of Lots 1, 2 and 3 of Block 102,
Hallam Addition to the City of Aspen;
and
WHEREAS, W. K. tiARTIN has applied, pursuant to the provisions
of Section 20-l9(b) of the Aspen Municipal Code, for an exception
from the definition of subdivision for the condominiumization of (or
entry into a joint use agreement for) the two structures on said
premises, and subsequent conveyance of separate interests in the
residential structures, and
WHEREAS, the Aspen Planning and Zoning Commission did, at its
meeting held February 17, 1976, determine that this proposed conveyance
is without the intents and purposes of subdivision regulation provided
that:
1. There would occur no parceling and conveyance of
separate interests in the land;
2. Martin, for himself, his heirs, successors and
assigns, agrees to join any future improvement districts
formed for thepurpose of constructing street improvements
(including sidewalk, curb, gutter or paving) or underground-
ing of overhead utility lines, proposed for an area including
the above described property;
3. Martin, for himself, his heirs, successors and
assigns, agrees to reimburse the City for his proportionate
share of the cost of any of the above improvements should
the City elect to construct them without the formation of
a special assessment district;
4. Neither structure on the site be enlarged, nor
additional bedrooms be constructed within either building;
5. If the property is redeveloped it be brought
into conformity with the then applicable 'zoning regulations,
provided that the applicant, his heirs, successors and
assigns, may enjoy the benefit of any rights accruing to
the nonconforming status of the structures as now or
hereafter provided by law;
6. The applicant enter into an encroachment agreement
with the City of Aspen in which he agrees that the present
encroachment on the right-of-way is permissive only, agrees
to remove it on request, agrees to be responsible for main-
tenance of the right-of-way affected, and agrees to indemnify
the City from any liability by reason of the maintenance of
the encroachment in the right-of-way; and
7. All the above conditions be deemed covenants
running with the land and burden the same; and
WHEREAS, the City Council, at its meeting held February 23, 1976,
did consider the requested exception, did agree that an exception is
appropriate, and did grant the same subject to certain conditions,
THEREFORE, PLEASE TAKE NOTICE, that the City Council of the City
of Aspen, has granted an exception from the definition of subdivision
for the condominiumization of (or entry into a joint use agreement for)
and conveyance of separate interests in the two residential structures
situate on the following described property located in Pitkin County,
Colorado, to wit:
All of Lots 1, 2 and 3, Block 102,
Hallam Addition to the City of Aspen.
PLEASE TAKE FURTHER NOTICE, that such grant of exception is
conditioned on compliance by the applicant, his heirs, successors
and assigns of the seven conditions imposed by the Aspen Planning and
Zoning Commission, hereinabove described, AND PROVIDED FURTHER that
the applicant shall, before the conveyance of any separate interests in
the premises, pay to the City of Aspen the appropriate subdivision
dedication fee required by Section 20-18 of the Aspen Municipal Code.
Date:
STACY STANDLEY III, MAYOR
I, ~ATHRYN S. HAUTER, City Clerk of the City of Aspen, Colorado,
do hereby certify that the foregoing exception from the definition of
subdivision was granted by the Aspen City Council at its regular
meeting held February 23, 1976.
KATHRYN S. HAUTER, CITY CLERK
STATE OF COLORADO )
) ss.:
COUNTY OF PITKIN )
The foregoing was acknowledged before me this
day of
, 1976, by STACY STANDLEY III and KATHRYN S. HAUTER,
Mayor and City Clerk, respectively of the City of Aspen, Colorado.
Witness my hand and official seal.
Notary Public
My Commission expires:
(SEAL)
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I, HAROLD W. JOHNSON, REGISTERED
SURVEYOR IN THE STATE OF COLORADO
00 HEREBY CERTIFY THAT A SURVEY'
WAS MADE UNDER r.:Y DIRECT SUPERVIS-
ION OF' LOTS ',2,B 3, BLOCK 102, HAc.LAM
ADDITIO:-l, AND THAT ALL f'OUR CORNERS
WERE FOUND IN PLACE, AN::> THAT THE
BUILDINGS W~RE FOUND TO BE AS SHOW"!,
. SAID SURVEY IS TRUE AN::> ACCURATE
TO THE BEST OF MY KNOWLEDGE ."ND
BELIEF.
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MEMORANDUM
TO: Aspen Planning Commission
FROM: Planning Staff (HC)
RE: Subdivision Exemption - Hallam
DATE: February 12. 1976
This is a request for subdivision exemption by W.K. Martin for
the division of Lots 1. 2. and 3. Block 102. Hallam Addition
in the City of Aspen. The property is developed with two res-
idential dwelling units. The applicant wishes to divide the
ownership by condomininization for "estate planning purposes".
The Planning Office recommends approval of the exemption subject
to the following:
1. The conditions of the City Engineer.
2. Fee title lots are not allowed due to the insufficient
amount of land available for each dwelling. We
do not wish to create a non-conforming lot.
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MEMO
TO: HAL CLARK ~
PLANNING OFFICE
FROM: LOUIS H. BUETTNER
ENGINEERING DEPT.
DATE: February 12, 1976
RE: Subdivision Exemption for Division of Lots 1, 2, 3
Block 102, Hallam Addition
The Engineering Department recommends that this request
for exemption be denied.
The following are items of. objection:
1) The plat submitted does not show any dimensions
of the property.
2) The area of this property should be approximately
11,500 sq.ft. not 18,000 as stated in the letter
from Mr. Jordan.
3) The land should be held in common ownership, if the
ownership of the buildings is divided both lots
would not meet the minimum lot size requirements in
the R-6 Zone.
Should a subdivision exemption be granted for the above
property the engineering department would recommend the
following conditions:
1) The applicant and his heirs,successors and assigns
agrees to join any future improvement districts
formed for the purposes of constructing street
improvements (including sidewalk, curb, gutter or
paving) or undergrounding of overhead utility lines.
2) The applicant and his heirs, successors and assigns
agrees to reimburse the city for his proportionate
share of the cost of the above improvements should
the city elect to construct them without the
formation of a special assessment district.
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LAW OFFICES
OATES, AUSTIN 8. MCGRATH
600 EAST HOPKINS STREET
LEONARD M. OATES
RONALD D. AUSTIN
ASPEN, COLORADO 81611
..I. NICHOLAS McGRATH, ..JR.
WILLIAM R. ..JORDAN III
..JOHN THOMAS KELLY
AREA CODE 303
TELEPHONE 925-2600
January 30, 1976
City of Aspen
Planning Department
P. O. Box V
Aspen, Colorado 81611
Attention: Hal Clark
Re: Subdivision Exemption for
Division of Lots 1, 2 and 3,
Block 102, Hallam Addition,
County of Pitkin, State of Colorado
Dear Hal:
I am submitting this letter pursuant to the
provisions of Section 20-19 of the Code of the City of
Aspen, requesting an exemption from the definition of a
subdivision for the division of the above-described
property.
Enclosed please find a copy of an improvement
survey of the subject property. The property is owned
by W. K. Martin. There are separate residential dwellings
located at 710 North 3rd Street and 311 Gillespie Street.
As you can see, the total size of the three lots is
18,000 square feet. Each house has its own utilities and
each is totally independent from the other. Mr. Martin
desires to divide the three lots into two parcels approxi-
mately as is indicated on the enclosed improvement survey.
Such division is desired by Mr. Martin for estate planning
purposes.
This exemption is requested on the grounds that
such division of land is not within the intent and purpose
of Chapter 20 of the Code of the City of Aspen.
OATES, AUSTIN So MCGRATH
Mr. Hal Clark
January 30, 1976
Page 2
I would appreciate it very much if you would
process the within application at your earliest convenience.
Please contact me with regard to any questions or comments
you may have.
Sincerely,
OATES, AUSTIN & McGRATH
By Nj;(~ -It.~ ~
William R. rdan IIr
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I" HAROLD W. JOHNSON" REGISTERED
SURVEYOR IN THE STATE OF COLORADO
DO HEREBY CERTIFY THAT A SURVEY"
WAS MADE UNDER MY DIRECT SUPERVIS-
ION OF' LOTS 1,2,1> 3. BLOCK 102, HALLAM
ADDITION" AND THAT ALL FOUR CORNERS
WERE FOUND IN PLACE. AND THAT THE
BUILDINGS WERE FOUND TO BE AS SHOWN.
SAID SURVEY IS TRUE AND ACCURATE
TO THE BEST OF MY KNOWLEDGE AND
BELIEF.
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I, HAROLD W. JOHNSON, REGISTERm
SURVEYOR IN THE STATE OF COLORADO.
DO HEREBY CERTIFY THAT A SURVEY
WAS MADE UNDER MY DIRECT SUPERVIS-
ION Or - LOTS 1,2, B 3, BLOCK 102, Hl\LLAM
ADDITION, AND THAT ALL FOUR CORNERS
WERE FOUND IN PLACE, AND THAT THE
BUILDINGS, WERE FOUND TO BS AS SHOWN.
SAID SURVEY IS TRUE AND ACCURATE
TO THE BEST OF MY KNOWLEDGE AND
BELIEF'.
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