HomeMy WebLinkAboutcoa.lu.ex.LotsN-P.Blk89.1980RED ONION
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CASELOAD SUMMARY SHEET
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1. DATE SUBMITTED: mid-MJy�_1980 _ STAFF:__Sunny Vann
2. APPLICANT:___Red Onion Partnership _
3. REPRESENTATIVE: Garfield & Hecht -_ Ashley Anderson 925-19.1h
4. PROJECT NAME: Red Onion Subdivision Exemption
5. LOCATION:
6. TYPE OF APPLICATION:
Rezoning
---- ---P . U . D .
Special Review
Growth Management
HPC
7. REFERRALS:
✓Attorney
Engineering Dept.
Housing
Water
City Electric
VSubdivision
_ xception
V Exemption
70:30
Residential Bonus
Sanitation District
Fire Marshal
Parks
Holy Cross Electric
Mountain Bell
8. REVIEW REQUIREMENTS: z �`�,�✓�
Stream Margin
80,10 Greenl i ne
View Plane
Conditional' Use
Other
School District
Rocky Mtn. Nat. Gas
State Highway Dept.
Other
JL
9. DISPOSITION:
P & Z ✓ Approved Denied — Date_'
X11117—
T
Council Approved Denied Date
10. ROUTING:
Attorney Gui l d i ng ✓Engineering Other
r
•
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.
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)
Lot Size:
Approximately 9,000 square feet
Rental History:
Unit #3 contains several sleeping rooms that have been
utilized as employee housing in past years.
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 building which 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) imposition of deed restrictions in the event Unit #3
is utilized for residential purposes.
•
-,MEMORANDUM
TO: Sunny Vann, P.ea.nnc:ng 06j,ice
FROM: Jay Hammond, Engineeh i.ng Oj6.ice
DATE: May 21, 1980
RE: Red Onion Subdivision Exemption, Lots N,O, and P, Btock 891 O.A.T.
Having Aev,iewcd ,the above appti.cati.on 6oA Subdivizion Exemption
and made a z to .inzpect%on, the Eng.ineming Depah tment Aecommends the
6ottowing :
1) The owneA/appticant shaU AevZse and Ae,6ubm,i t the
Condominium Map to inceude the 6o-P.e.ow.ing:
A) Scow e yoA' z zig natuAe and .6eat .
B) Ind.icate suAvey monuments .ib any, bound oA
z et.
C) Show u ti icy s env.ice ate" puttud.ing .into
the a. ey nofc th o6 the buitding .
2) The owneA/appticant shaU ptov.ide concnete�6itP.ed
zteet pipe pede,6taL6 to putect the tePephone box
and gays meteA in the alley. A minimum o6 thAee
pAotecti.on pedesta. 6 zhoutd be Aegwviced. This is
to be aeeompe izhed ptioA to date of any condomin-
iumized unfit.
3) OwneA/appticant shaU -i"ta.?t a wateA meteA peA the
WateA Departments ZetteA of Match 15, 1979.
4) OwneA/appticant that t obtain an encAoachment t ieenze
JoA that portion o6 the building which ptcotrude6
.into CoopeA Avenue.
The Eng,ineeAi.ng DepaA-iment Aeeommen" appAovat o6 the Red Onion
Subdivision Exemption zubjeet to the owneA/apptieant eorAecting the above
conditions .
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 Friday, May 23,
1980. Thank you.
Garfield & Hecht
ATTORNEYS AT LAW
VICTORIAN SQUARE BUILDING
601 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
TELEPHONE
RONALD GARFIELD (303) 925-1936
ANDREW V. HECHT TELECOPIER
ASHLEY ANDERSON April 25, 1980 (303) 925-3008
CRAIG N. BLOCKWICK
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 11. 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 .�erct5��tc'i6cr
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.
0 i
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
Ashley Anderson
AA/ssm
ENCLOSURES:
4 copies of Condominium Map
4 copies of Title Insurance Commitment
Subdivision Fee ($100.00)
OwnerjWlicy Premium/$2,787.00
Form 1756-A Loatglicy Premium/$20.00
• Commitment. Schedule A
Tax certificate/$5.00
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) ® ALTA Owner's Policy $ 1,500,000.00
Proposed Insured: TO BE DETERMINED
(b) 9 ALTA Loan Policy $ 1,488,000.00
Proposed Insured: THE RED ONION, INC., a Colorado corporation
(c) ❑
8
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
SCHEDULE B - Section 1 No. 79-07-44
Requirements
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 anddulyfiled 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
Pitiiin County, Colorado for the use -of The Red Onion, Inc., a
Colorado corporation to secure $1,488,000.00.
• Form 1756 - B2 (Revised July,
Commitment, Schedule B-2
. s•
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: Taxes and assessments due and payable and any and all
tax sales not properly redeemed or cancelled. Tax certificate ordered not yet
received by Company.
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.
0 \ `tS"C A%IFJjI
"1
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 extent the Company
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 such 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 only 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 (c) 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.
Z
-A
PARTY WALL
BOOK 174 -�
PAGE 445
ALLEY
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RED ONION CONDOMINIUMS.
LOTS N,0 8 P BLOCK 89
ASPEN, COLORADO
0 S 10 210
SCALE 1"• 10'
BASIS OF BEARING:
CITY NON. S.E. CON, BLOCK e6
N.E. CON. BLOCK 09
BEARING S14`50'49"M
ELEVTIONS:
MEAN SEA LEVEL DATUM
9ASED ON U.S.G.S. BENCH
COUNTY COURTHOUSE
ELEV. 7906.67 FT.
RED ONION CONDOMINIUMS
CERTIFICATE OF OWNERSHIP
-HE RED ONION PARTNERSHIP, BEING THE OWNER OF CERTAIN REAL PROPERTY
IN PITKIN COUNTY, COLORADO, DESCRIBED AS FOLLOWS: LOT N,O, AND
P, BLOCK 89, ASPEN COLORADO, HEREBY CERTIFIES THAT THIS MAP OF
THE RED ONION CONDOMINIUMS HAS BEEN PREPARED PURSUANT TO THE
PURPOSES STATED IN THE CONDOMINIUM DECLARATION FOR RED ONION
CONDOMINIUMS DATED 1980, AND RECORDED
1986, IN BOOK AT PAGES ,
OF THE RECORDS OF THE CLERK AND RECOR- DE2- OF THE COUNTY OF
PITKIN, STATE OF COLORADO.
BY:
SPATE OF COLORADO )
COUNTY OF PITKIN ) SS.
HE FOREGOING RED ONION CONDOMINIUMS CERTIFICATE OF
OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
1980, BY A _
WITNESS MY HAND AND OFF CII AL SEAL
MY COMMISSION EXPIRES:
NOTARY PUBLIC
SURVEYOR'S CERTIFICATE
I, HAROLD W. JOHNSON (JOHNSON-LONGFELLOW & ASSOC., INC.), A REGISTERED
SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT IN THE MONTHS
OF FEBRUARY AND MARCH, 1980, A SURVEY WAS MADE UNDER MY DIRECT SUPERVISION 1
OF LOTS N,0, AND P, BLOCK 89, ASPEN COLORADO, AND A TWO STORY CONDO-
MINIUM COMPLEX WAS FOUND TO BE AS SHOWN ON THIS PLAT. TO THE BEST OF MY
KNOWLEDGE AND BELIEF THIS PLAT SHOWS ALL EASEMENTS AND ENCROACHMENTS
AND ACCURATELY DEPICTS THE LOCATION AND ELEVATIONS OF ALL UNITS.
JOHNSON-LONGFELLOW & ASSOC., INC.
BY
HAROLD W. JOHNSON, LS 01� 8
STATE OF COLORADO )
COUNTY OF PITKIN ) SS.
THE FOREGOING SURVEYOR'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME
THIS DAY OF , 19 , BY HAROLD W. JOHNSON, A REGISTERED
LAND SURVEYOR IN THE STATE OF COLORADO.
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES
NOTARY PUBLIC
CLERK AND RECORDER'S ACCEPTANCE
PCCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY
PITKIN, STATE OF COLORADO, AT O'CLOCK _.Id., THIS DAY OF
19. ,IN PLAT BOOK AT PAGE
CLERK AND RECORDER
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FIRST FLOOR
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SCALE I"= 5'
UNIT 3
SECOND FLOOR I _�
NOTE G.C.E. GENERAL COMMON ELEMENT C
L.C.E. LIMITED COMMON ELEMENT
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RED ONION CONDOMINIUMS
SHEET 2 OF 3 SHEETS
2.30'
3.05