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HomeMy WebLinkAboutcoa.lu.ex.LotsN-P.Blk89.1980 ~_.-.,,--~- ~ No: 10-80 CASELOAD SUMMARY SHEET Ci', ~ F Aspen 1. D,~TE SUBt1ITTED: mid-May, 1980 2, APPLICANT: Red Onion Partnership STAFF:~ 3, REPRESENTATIVE: Garfield & He~ Ashley Andersnn q?5-1q1fi 4. PROJECT NAME: Red Onion Subdivision Exemption 5. LOCATION: ~~ ~^.JAL.L0~C'PSA(C1r: /';LJ-( c<9, ~/CW 7Z:::::-/A/':;/~) . 6. TYPE OF APPLICATION: _~Special Revie\~ ______Growth r1anagement _/SUbdi'lision _--Jxcep t ion V Exemption 70:30 -- ___Stl^eam r'largin 8040 Greenline View Plane CondHional Use Other _______Rezon i ng P.U.D. HPC ___Residential Benus ~N/7cx/lAl/cx/lZ477cN -_._-~._. ..._---~-~_..-----~------ 7. PEFERRALS: I/" Attornev -7 " ______EI19 i neel~'i ng ~___H0usi ng Parks School District ~Rocky ~ltn. Nat. Gas State Highway Dept. Dept. Sanitation District -- Fire Marshal ~,id te r _____I-Ioly Cross Electric MO~lntain Bell ---~-- Othey' Cjty Electl'ic 8. REVIEVI REQUIREMENTS: /42, U?:.-xbL , . - "'.~~"'.'".',~-.'~"- ,.....j.... "" .. ,,"""'''' ~ ~ """" ~ " 9. DISPOSITION: Date ~1/7/~ ~~ --=,.--/ rc, 1\cz.cX//-/~/.J17/C)</ ~/77/ / Ao/7.!.pc,.</4t:- /77/Z-?04T/cxbA0 _~0 " 1.')c::?L~L8e//,!G c .<,-E Cr c x#T #? ~LL~. )//'(,c c7,z/r Ar/"'N:'VAL ./; c;:7') /;c:t7Z<-/77cX/ cr ~,;r:J A;ssrN'<'i7C;</S /N 77/c , b/~/7 ~T #3 L),77~ re-'K ~;;/~5</7/Ac..... /Z-)'(,P"c"'Y'~ ,;I P & Z V Approved ./ Denied Council~~ Approved ~ /'"/' ( /? '/;<r., ~r ) "... /' / F, ,: . e-k ;-c.--c /V\'----' -- _.:. U .' / - I ' / ./ /' ... Denied Date_./~///><~_ -' -';' , >/ .j fjl ,;. ) / ,< - .</ . ~,-' .' --A--'\__-/~~L::-/L- /. '. " .- 10. ROUTI NG : /Attorney Buil di ng /Engineering Other _...,,--~.~--.".." - - """ ~ MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Sunny Vann, Planning Office RE: Red Onion Subdivision Exemption DATE: June 13, 1980 The attached information and recommendation are copies of those included in the packet for the last Planning and Zoning Commission meeting of June 3, 1980. The additional concerns expressed by the Commissioners at that meeting will be addressed through a presentation by the applicant's attorney and the Planning Office at the June 17, 1980 meeting. c '. . MEMORANDUM TO: Aspen Planning and Zoning Commission Aspen City Council FROM: Sunny Vann, Planning Office RE: Red Onion Subdivision Exemption, #10-80 DATE: May 28, 1980 Zoning: CC, Commercial Core Location: Cooper Street Mall, (Lots N, 0, and P, Block 89, Aspen Townsite) Rental History: Approximately 9,000 square feet Unit #3 c@otains several sleeping rooms that have been utilized as employee housing in past years. Lot Size: Engineering Comments: Recommends approval subject to the owner/applicant revising and resubmitting their condominium map to include a number of items outlined in their memorandum dated May 21, 1980; the owner/applicant providing con- crete filled steel pipe pedestals to protect the tele- phone box and gas meter located in the alley; the owner applicant installing a water meter per the Water Depart- ment's letter of March 15, 1979 and the owner/applicant obtaining an encroachment license for that portion of the buil di ng whi ch protrudes into Cooper Avenue. Attorney's Comments: No comment. Housing Director's Comments: No comment. Planning Office Recommendation: Approval subject to the owner/applicant complying with the stipulations outlined in the Engineering Depart- ment's memorandum dated May 21, 1980. Planning & Zoning Recommendation: Concurred with the Planning Office recommendation with additional stipulations as follows: 1) Future commer- cial use of Unit #3 will require GMP allotment and 2) impositiun of deed restrictions in the event Unit #3 is utilized for residential purposes. I"" '-' :) -MEMORANDUM TO: FROM: Sunny Vann, Plan~ng Onn~ce Jay Hammond, Eng~nevUng OnMce ~ May 21, 1980 DATE: RE: Red O~on Subdiv~~on Exemption, Lo~ N,O, and P, Block 89: O.A.T. Hav~ng nev~ewed the above ap~cation non Subdiv~~on Exemption and made a .6Ue bl.6pection, the Eng~nevUng DepCUI.:tmeYlt necommeYld.6 the noUow.i.ng: I} The owneJt/app.ucan.-t .6hail. nev~e and ne/.lubmU the Condombuwn Map to ~nc1u.de the noUow.i.ng: A) SuJtv eyM'.6 .6~g Ila.-twte and .6 ea.t. B) Indica.-te .6uJtvey mOl1Wl1eYLt.6 ~n any) nound M !.leX. C) Show u;tili;ty .6 eJtv-i.ee aJte.a-6 plto-tJr.uding ~n.-to the alley nolt-th 0 n the bu.-Uding. 2) The owneJt/ app.ucan.-t .6 hail. pltov~de conc.Jl.ete."nilled .6teel p~pe pede/.ltat.6 to pnotect the telephone box anc{ gM meteJt ~n the alley. A mbwnum on thJt.ee pnotection pede/.lt:a..f..6 .6hou1.d be nequ..iJted. Tw ~ to be accompti.6hed ~on to .6aie On any condom~n- -<.wn.i.zed urU.t. 3) OwneJt/ app.ucan.-t .6 hail. b1.6.t:a..U. a wa.teJt meteJt peJt the wa.-teJt DepCUI.:tmen.-t'.6 .l'.et.teJt On MaJtch 15. 1979. 4) OwneJt/app.ucan.-t .6hall obtaJ.n an eYlc.Jl.oachmen.-t .uc.el'L6e non tha:t poJttio nOn the bu.-Uding wh-i.ch pno-tJr.u.de/.l ~n.-to CoopeJt AvertU.e. The Eng~nevUng DepCUI.:tmen.-t necommend.6 appMvai on the Red O~on Subdiv~~on Exemp-t.i..on .6ubject to the owneJt/app.ucan.-t cOJULecting the above co nc/.i;t{.o I'L6 . ~ """" :) MEMORANDUM TO: Ron Stock, City Attorney Dan McArthur, City Engineer FROM: Sunny Vann, Planning Office RE: Red Onion Subdivision Exemption DATE: April 28, 1980 The attached is an application for subdivision exemption submitted by the Red Onion Partnership for the Red Onion Building. This item is scheduled to come before Aspen Planning and Zoning Commission on Tuesday, June 3, 1980 therefore, could I have your written comments no later than F~iday, May 23, 1980. Thank you. _....~.~."..~_.~..........._-"-'.........,-"...~"._.~...,.~,..,-- ~ """'" Garfield & Hecht ATTORNEYS AT LAW - - VICTORIAN SQUARE BUILDING 601 EAST HYMAN AVENUE ASPEN, COLORADO 81611 RONALD GARFIELD ANDREW V. HECHT ASHLEY ANDERSON April 25, 1980 TELEPHONE (303) 925-1936 TELECOPIER (303) 925-3008 CRAIG N. BLOCK WICK K. ROULHAC GARN The Planning and Zoning Commission of The City of Aspen City Hall 130 South Galena Street Aspen, Colorado 81611 Dear Members: This is an application by RED ONION PARTNERSHIP, a Colorado general partnership, pursuant to Section 20-19 of the Aspen City Code, as amended, for an exemption from the definition of the term "subdivision" for the condominium- ization of the Red Onion, located on Lots N, 0 and P, Block 89, City and Townsite of Aspen. The principals in the Red Onion Partnership are Amelia F. Britvar, Burton Goldberg, Larry D. Sands, Frank J. Woods, III, Walter H. Birk, E. Robert Gordon, and Dennis L. Wenger. As is described in more detail on the condominium map which is submitted as part of this application, the applicant desires to divide the building into four (4) condo, ~ minium units. Unit One was used in the past as a Jlil\ll!:I..,,-L;-1C:srn~'/1flnr; giRiRJ ~~Q~. Although it is presently closed and there is no lessee at the present time, the applicant anticipates that the future use of Unit One will be the same. Unit Two was what was commonly known as "the old bar." The applicant is pre- sently negotiating with a lessee whose intention is to conduct an operation basically identical to the previous "old bar." Unit Three is commercial space which is located above Unit Two and it is anticipated that this will be used either for storage or will be leased to a commercial operation. Unit Four was used in the past as a "nightclub" operation and the applicant anticipates that this operation will be reinstated in the future. Since the entire building is presently closed, there will be no effect upon any present operation by the approval of this condominiumization. ,..,.. ,-,,",,' ..'~.. The Planning and Zoning Commission April 25, 1980 Page Two Re: Red Onion Partnership Application for Exemption The applicant submits that since this is merely the subdivision of an existing building, and since no changes are required as a result of that subdivision, to require that the applicant proceed through the entire subdivision procedure would deprive the applicant of the reasonable use of his pro- perty. Furthermore, the applicant submits that the exemption is necessary for the preservation and enjoyment of a substantial property right. Finally, the applicant submits that since, as stated above, this is merely the subdividing of an existing structure, there will be no increase in density as the result of the granting of this exemption, and therefore, the granting of the exemption will not be detrimental to the public welfare or injurious to other property in the area. The applicant thanks you for your consideration in this matter and respectfully requests your approval of the application. Respectfully Submitted, GARFIELD & HECHT .~ ~_ -e. Ashley Anderson AA/ssm ENCLOSURES: 4 copies of Condominium Map 4 copies of Title Insurance Commitment Subdivision Fee ($100.00) .. Owner~liCY Premium/$2,787.00 Loar ,licy Premium/$20.00 Tax certificate/$5.00 Form 1756.A Commitment. Schedule A BET/sj1 SCHEDULE A 1, Effective Date: July 20, 1979 at 8:00 A.M. Commitment No: 79-07-44 2. Policy or Policies to be issued: Amount (a) @ AL TA Owner's Policy $ 1,500,000.00 Proposed Insured: TO BE DETERMINED (b) KXl AL T A Loan Policy $ 1,488,000.00 Proposed Insured: THE RED ONION, INC., a Colorado corporation (c) 0 $ 3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof vested in: THE RED ONION, INC., a Colorado corporation 4. The land referred to in this commitment is Lots N, 0 and P, Block 89, CITY AND TOWNSITE OF ASPEN Pitkin County, Colorado Form 1756 ~ B1 Commitment. Schedule B~1 ~. I~---,~~ -6 SCHEDULE B - Section 1 Requirements No. 79-07-44 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument{s) creating the estate or interest to be insured must be executed and duly filed for record, to.wit: 1. Deed from The Red Onion, Inc., a Colorado corporation vesting fee simple title in grantee to be determined. NOTE: When grantee is determined additional requirements and/or exceptions may be necessary. 2. Release by the Public Trustee of Pitkin County, Colorado of Deed of Trust from The Red Onion, Inc., for the use of The Bank of Aspen to secure $150,000.00 dated December 1, 1972, recorded January 30, 1973 in Book 271 at Page 964, under Reception No. 157113. 3. Deed from mortgagor to be determined to the Public Trustee of Pithin County,'Colorado for the use ,of The Red Onion, Inc., a Colorado corporation to secure $1,488,000.00. . Form 1756. B2 (Revised July. ...... ;) Comrryltment. Schedule B-2 .----:w " SCHEDULE B - Section 2 Exceptions No. 79-07-44 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company. 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights. claims or title to water. 6. Any lien. or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 7. Defects. liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public rec- ords or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 8.... Taxes due and payable: tax sales not properly received by Company. Taxes and assessments redeemed or cancelled. due and payable and any and all Tax certificate ordered not yet 9. Terms and conditions of Notice of Historic Designation recorded in Book 295 at Page 515. 10. All ores and mineral and mineral bearing rock, and so much of that portion of said lot beneath its surface as may be necessary for mining purposes. with the right to enter within said premises with underground workings and to mine, extract and remove the same ores and minerals therein contained, as described in instru- ment recorded June 16, 1891 in Book 93 at Page 167 (as to the East 12 feet of Lot 0 and West 9 and two-thirds feet of Lot P). 11. Easement for party wall along the Westerly line of said Lot N as granted to Gale Spence and John M. Oakes in Deed recorded August 22, 1956 in Book 174 at Page 445. 12. Any tax, assessment, fees or charges by reaSOn of the inclusion of subject property in the Aspen Fire Protection District, Aspen Sanitation District, Aspen Street Improvement District, The City of Aspen and The Aspen Valley Hospital District. Exceptions numbered -0- are hereby omitted. , . -, .1: 'l-" , ... ,\ ~I E H I c- ., ,/ . ".:' COMMITMENT Conditions and Stipulations 1. The term "mortgage:' when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extenttheCompany is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company. or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but s~ch amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Comoanv under this Commitment shall be orily to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (cl to acquire or create the estate of interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the Insuring provisions, exclusion from coverage, and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this Commitment.