HomeMy WebLinkAboutcoa.lu.ex.Neal St & Gibson Ave-Vare.1977
Recorded 1045 AM
lfJ5i';':..
June 16, 1977
Ju1ip Hane Recorder
800~ 33U P,\G{ 548
STATEMENT OF EXEMPTION
FROM THE DEFINITION OF SUBDIVISION
WHEREAS, EDWIN C. VARE is the owner of a parcel of'
land located in pitkin County, Colorado, more particularly
described as:
Legal description attached hereto as Exhibit
"A", for property located at northwest corner
of Neal Street and Gibson Avenue, City of
Aspen, Colorado.
WHEREAS, the applicants have an existing duplex located
on said property, and
WHEREAS, applicants have requested an exemption from
the definition of subdivision for the purpose of subdividing the
existing duplex through condominiumization, and
WHEREAS, the Aspen Planning and Zoning Commission, at
its meeting held May 17, 1977, determined that an exemption from
the definition of subdivision is appropriate and recommended that
the same be granted, and
'11
1
WHEREAS, the City Council determined that the subdivi-
sion of the existing duplex through condominiumization is not
within the intent and purpose of the subdivision ordinance set
forth in Chapter 20 of the Aspen Municipal Code,
,
~
:\:l
...g
....:
~
~~
o
z
THEREFORE, the City Council of Aspen, Colorado does
hereby determine that the proposed subdivision of the duplex locat-
ed on said property by its condominiumization is not within the in-
tents and purpose of the subdivision ordinance and does, for such
reason grant an exemption from the definition of such action,
PROVIDED, HOWEVER, that the foregoing exemption is con-
ditioned upon the restriction of rental of said condominium units
to periods of not less than six (6) su~cess' e)months (or in the
alternative to not more than twice for s,rt7term per,iods within
any calendar year) . , ", ./' /,/
///' '
,
~
~
~
Dated: 9~
/11'177
I
-, ~
~~--~
I, KATHRYN S. HAUTER, do hereby certify
ing Statement of Exemption from the Definition of
considered and approved by the Aspen City Council
meeting held Monday, June 13, 1977, at which time
STANDLEY, III, was authorized to execute the same
City of Aspen.
III, Mayor
~
C_ ,
that the for go-
Subdivision was
at its,regJ11ar
the"r.o:~,lt ilST~CY
q;r\' .~ha:;(i;;',$f, t~lle
, .- -"
~ I. '", ;. ;;~ '
1/, -I'
'--.{LL (..\.1..
KATHRYN 8:.
,I / i1 '\' :":: j~~~~
.",) ;/-&;U,t;,L("'", '"
HAUTER,", CI',),-Y CLE~'
'-<~::S' ~...~.~_:' \~_, .
STATE OF COLORADO
COUNTY OF PITKIN
ss.
.'
The foregoing was acknowledged before me this /uI~day
of June, 1977, by STACY STANDLEY, III and KATHRYN S. HAU~per-
oScmal,ly known to me to be the Mayor and City Clerk, respectively,
\cfA ~laiLCi ty of Aspen.
_ _. I ...
. . //,
-,\
<:: \'
'v
",. T'
f(i:" .'.1) \ ..'\
'-'\"
Witness my hand and official seal.
My Commission expires:
eo I ---...led!?~. ;J
Notary Public
... -,
..... .
.. ,
'1 ,''! r ,-, \'-' l't
>,.IU;~ "
,f/"~'"":"","~,,,:''''
. t/l C(,,\'
..
EXHIBIT . An TO S'l'ATEMENl' OF EXEMPTICN FILED M
BCX:aCUO PAGE ~'tt OF 'mE REmRn) OF 'mE CIERK J\ND RECORDER
FOR PITJ(IN CPUmY, roroRAOO
.
Ill",;\,: of
~~~. .r,
A tract of land situated in tho r;out.h " of ;:cchon 7, 'nos,
the 6th P.M. described aG follol!3:
Beginning at' a point whonce tho .south 71- Vl1:nor of .socti on 7
still unapproved B.L.H. B:,':lGf; Cap) l)D'u'~ ,':l~:j" ?,,?il:0:1J': 693.07
thence N2Zo42'E 150.89 ft.;
( rll ',~ i- I,
Co. _..j.,J",
{'.L ..
",. L, . >
thence N240 41 'E 61.12 ft. to tho SouthC'.'1,'. Ij,nn of G:t,bson Ave. i
thence along the Southerly and DODto~Jy 'inn of Gjbcon Avo. 2nJ~J,
st. as follows:
s39004'36"E 80.16 n.;
:.;3,1.1) 3/. t j;~II.c; (,1, . lit, 1'1.. ;
SIlO 5'/'45"E z8Sj ft. ;
S14052'16"W 68.16 it. ;
:';ZE,25'15"W '10.92 it. ;
I.hunce luavllll!; I.ho WOJ;Lm'Jy /..ill!) uf Ii<' ,I ;.11',,,'1. (",.."II,"\'I JU','.,I/:i,_,
I h"""" :;jl"()','\V II .'/ll rt.;
thence N370j2'W 23.(4 ft.;
thence N4j"4b'W 11.0U 11..;
IlHJlICIJ N;';2"1,?'I,: :l.l'/ ['I _ 1." 1.1,,, 1',,11\1 "I
.'1I;1 UIJ, ll\lJI'tI Uf' 11l1,ll.
I \ '
!01':1,f11j 1111';.
cfPI!:d.Jdl'I': ().(,'r,'
STATEMENT OF EXEMPTION
FROM THE DEFINITION OF SUBDIVISION
WHEREAS, EDWIN C. VARE is the owner of a parcel of
land located in Pitkin County, Colorado, more particularly
described as:
Legal description attached hereto as Exhibit
nAn, for property located at northwest corner
of Neal Street and Gibson Avenue, City of
Aspen, Colorado.
WHEREAS, the applicants have an existing duplex located
on said property, and
WHEREAS, applicants have requested an exemption from
the definition of subdivision for the purpose of subdividing the
existing duplex through condominiumization, and
WHEREAS, the Aspen Planning and Zoning Commission, at
its meeting held May 17, 1977, determined that an exemption from
the definition of subdivision is appropriate and recommended that
the same be granted, and
WHEREAS, the City Council determined that the subdivi-
sion of the existing duplex through condominiumization is not
within the intent and purpose of the subdivision ordinance set
forth in Chapter 20 of the Aspen Municipal Code,
THEREFORE, the City Council of Aspen, Colorado does
hereby determine that the proposed subdivision of the duplex locat-
ed on said property by its condominiumization is not within the in-
tents and purpose of the subdi vis,ion ordinance and does, for such
reason grant an exemption from the definition of such action,
PROVIDED, HOWEVER, that the foregoing exemption is con-
ditioned upon the restriction of rental of said condominium units
to periods of not less than six (6) success~ve.months (or in the
alternative to not more than twice for s ~t~term periods within
any calendar year). // ~;;;
Dated, 9'"~ /.; /977 ~~ < ~~
STACY S ANDLEY, III, Mayor
~
c:::.._ .
I, KATHRYN S. HAUTER, do hereby certify that the for go-
ing Statement of Exemption from the Definition of Subdivision was
considered and approved by the Aspen City Council at its regular
meeting held Monday, June 13, 1977, at which time the Mayor, STACY
STANDLEY, III, was authorized to execute the same on behalf of the
City of Aspen.
j,' . i,
, I
I' I' f--
: ;--l. I.. /,
KATHRYN S. HAUTER, CITY CLERK
STATE OF COLORADO )
COUNTY OF PITKIN )
The foregoing was acknowledged before me this L~day
of June, 1977, by S'rACY STANDLEY, III and KATHRYN S. HAUTER, per-
sonally known to me to lle' t1H' ~1:1yor and City Clerk, respectively,
of the City of Aspen.
ss.
Witness my hand and official seal.
My Commission expires:
:""i J
_~d/:~
Notary Public
-
M E M 0 RAN DUM
TO: Aspen City Council
FROM: Planning Office (HC)
RE: Vare Duplex - Subdivision Exemption for Duplex Condominiumization
DATE: June 8, 1977
This is a request by Ned Vare for Subdivision Exemption to condominium-
ize an existing duplex located at the N.W. corner of Neal Street and
Gibson Avenue. The property is zoned R-15. The duplex is under con-
struction and it is not clear whether it is currently occupied. The
Park Dedication Fee has been paid at the time of the building permit.
We have referred the application to the City Engineer for comment due
to the possible need of the City for additional right-of-way at the
Neal and Gibson intersection. Certain parts of this obtained right-
of-way has been previously obtained by the City. The City Engineer's
comments are attached.
The Planning and Zoning Commission and Planning Office joint recommendation
of the exemption is for approval of the subdivision conditioned upon the
following:
1. The comments of the City Engineer.
2. A minimum 6 month lease restriction on both
dwelling units.
"
1mk
_._~, I
"r."....
APPLICATION FOR EXEMPTION
FROM SUBDIVISION REGULATIONS
Request is hereby made on behalf of Edwin C. Vare (hereinafter referred
'.
to as applicant) under Section 20-19(a) of the Aspen, Colorado, Subdivision
Regulations, for an exemption from the definition of the term "Subdivision"
with respect to the real property described as:
Legal description attached hereto as Exhibit "A",
for property located at N.W. corner of Neal Street
and Gibson Avenue, City of Aspen, Colorado
It is submitted that an exemption in the case would be appropriate.
The application involves subdivision of an existing duplex. A
subdivision of one lot with a duplex on it creates conditions whereby
strict compliance with subdivision regulations would deprive the applicant
of the reasonable use of his land. If an exemption is granted, the owners
of the property will have a common interest in the land and there will be
a condominium declaration and maintenance agreement applicable to the
property which will not in any way increase the land use impact of the
property. An exemption in this case will not conflict with the intent
and purpose of the subdivision regulations which are directed to assist
the orderly, efficient, and integrated development of the City of Aspen,
to insure the proper distribution of population, to coordinate the need for
public services, and to encourage well planned subdivision.
The granting of this application will not undermine the intent of
the subdivision regulations as it is clearly within the area intended for
exemption under 20-19. The building is already in existence, and there
will be no change in density which is presently in line with the desired
population density for the property.
Applicant agrees, upon its condominiumization approval, to restrict
the rental of said duplex units to periods of not less than six (6) successive
months (or in the alternate to not more than twice for short-term periods
within any calendar year).
There are no existing 103scllOlds l)n s~liJ pruperty.
The applicant would appreciate your consideration of this application
at your next regular meeting.
Very truly ,YOU~s'jl)
.' ,( ',It.; ,
. .", .' -f '-..~__....
Uerhert S. Klein.
At tIll Ih':; lur hlwin C. \';11'\' (1\ppl iL1llt)
,,-'.
MEMO
TO:
HAL CLARK
PLANNING DEPT.
DAVE ELLIS -<:'
CITY ENGINEER ~ Go
FROM:
DATE: May 6, 1977
RE: Vare Subdivision Exemption Request
The engineering department is recommending approval of this
exemption subject to the following conditions:
1) A current title commitment which reflects the correct
property description.
2) An in place survey be completed to locate the common
line between property and right-of-way on Neale and
Gibson.
3) All landscaping elements be kept on private property
due to the very narrow right-of-way at that location.
cc: Herb Klein
f~ {~. (~
~t /. 5iili~. '&"1'5'2.
?I~, ~;?n,~ Z~
~.L- .ril.''r /1 t' _"- 1"-
to II, p,4 I .:. rCn~-IC.-I,
f '
:.2),uu, ~
/ ~ ~#Uf~f"- 4<<- ~~
~ :rk v....~' ~
/ ;dd~ '/l ~;-/~d~~,
rI ~Sf~ ai v ~ ,"
.' . ~~ jf()()O ~ /d/.,I.e /, .'
dbw- r~ Cnv~fNttMA~~~.
,j;~ n mbJ / ~ ..... ~-&
~~ ~:u~~~t1M4(~~~~
It!~ , / ~/~ ;tJ.. ,4.dL, ~ ~. ~tl4,'
~u-cd ~ ~ zk ~~v ;d.-.t ;t ~I(
i t~dr:#'~~-t.HV. I~ ~<A?1; ~ lis 4t#c.. ,#~~,ldt
/t )
fr: '1UA- ~u.t 'f PJ.-.. /;'$" ,It~ tt ..it. A.
f,iu; ld e-~tl-u.. J?wA1.w-k it. ~ -;W.. /Ww ~.
fu,.v.ud ~td,.i4.. ~;-~P'1(A.fy" .-t"~ u jl~. (.ut. ~~~ (/
,t /. Ih'f,! /. llA'~ l~i~~ J/
~fk,:". /iI~..4r~. ..~J. ~;(:.~-fr:~t..-J..e: ~':'., . I1/,.1
-/.:-;,4" ~ ~ A ;2"~u .t",,~t.~ .f,~;), (;<:(", .:i((.;t~.
9lk i h ~w ~/tJ- //.-;tI<(, rrf. /I- A~ ' :
7Jlk[M)7:~rd 'fl/~:/:"~;'~ ;eft pt..tu /ttt.d..,I ./!.(, M~ ~ I A.(' ,
.t I l. N" ,,{ I, ..J -1' 1 ~ IJ I ./... 7>L .A'" 'If --,
ft/'vt').,; w,~. ,.(t.~V..J..(.OI.; tr;., ri~U /;0' '.r./l.,"t.-{:/~ ~>iiv"'ntr :?
~1<d~t~J~ ~? /l fj f / "
'1''' J. 7) / .. ,..". I -',.(
tit" / ~ . .,' 0'''' I I :/ J /' ~ -.f. J.
,.., t ",.///\ I~,,. ,-!~'1. -~";.(/f -,~~,.,.., ,.1.,--"'" .-J~..# -
{. .eL,'- I,. ,v(..<A"'d ~ It; .{.:t"C, ('~ ........./'.......~., '" ..", c./'t...I I v-tJ- "~t,,,..... .'({
L..,' i ..:~ '( ,_ I" , ,.,; .fA ll. t ~ <~) ,~ .,; ,. ". f~ I,,, /. :", ,',) "1"" ,
1;,..r."V(..~.....t"'r'" /,t;...C'." . V., '-'. /,., > ~", ,'i<. ,,- 1','e,... .~ V,...',,, ~...:(;).
t; .. ./"-./ .. //.. ,,0. ,,:'''l " ,/' I ." .'" _,~"/ ':.1 __,,*J/~ ::,.1 .-J"',/"" 1.
:1 " . ,~# t. 11 I , t. ,.1"1' .i" ..", " . ';" ,',,~ i,' J, i- /,~'~ J ... ,. J ""'"
I'~'r"(" I.' ,,'c.... ,...'..."....'..,....,.... ,'." " '. .." ...'~,,,."", ,t."..."',.... ',.>,:..,
I' t ; .- jf,. ,,"
.' .' ,r'\ ,;0 . .r }
,,",.. ~ ~ ,,' ' " :' ..',~ .... <""," " " /? ~,
. ,,/ I r !~i.,{ l.. t.. (;",0
/
(
.
!
,/'-'~
",; ..
5ft, ,
~D
,m,t)
slH:r -::. .. .. w .' :,569 'Q;.'~l~R.._u.i~~
$28 .er ,~ ' , ,,^ ,'" " , <, ... ,.'.
,.~ =~2'::~ ~=~~, ~;~I ~~::_R~$'
~:SE~. ~"":::'~~~
~, , "~.ER.;.eC.'fN' ..
.: 'lfIKW1'~ .~I;,~I1t; ETC.)'",' ~\~~6~'~np.
"'" .>...... .. ....... ,'c, .. :' ',_" : _ ::~. -." .. '- ":" ': ,- .. . .. ',: '- ',', ..... .... -,',,, ,... -""; -' -:.. ..
"~\e~~~,
'J;<,'
~ ~:.~
-
. , -,<, t,'li1'9 h*:;*>>sQ.OG J
."~~i~H~f~~~~~CP _ €?~
C/f/~ - .'
//5 ~ -?{ ~~<- tJ/'c:..
foz ~ ~, -P t/'t:LuL 7 C~
~ CY/~r '~.f ~
M E M 0 RAN DUM
TO: Dave Ell i s
FROM: Hal Clark
RE: Vare Subdivision Exemption
DATE: May 6, 1977
This is a request for Subdivision Exemption by Ned Vare to condomin-
iumize an existing duplex at the corner of Neale and Gibson Street.
Tri-Co has prepared a site survey which we can obtain as needed.
We would like to schedule review before the Planning and Zoning
Commission on May 17, 1977.
Thank you.
lmk
enc.
EXHIBIT A
VARE CONDOMINIUMIZATION APPLICATION
t2":.-~ct of Jan.j Z..ij '.' :'t1.81;:
{he 6th P.M. deGCr'.~tiL
"> t)
);>81 .., "1..;-.
'I '. ..;.\/ \',
}.-'
BSt:jixt:.1ing (j t <J. pJ:i_"j~; v/); 0.; ~
still unapprovod Su_fti~. 1-:
1 '~"I ~ .[' Lt'
.:i ;" ii ;r (..1. .i r,'.: '.f,
L ..,C/ 1;~,,;
thence N22" /+2'1:.; 11.<)..;:,):) '[I,,;
thence N24"41'E 61.12 ft.
...) LL.'~ ::~I~l.~~nr,~,.J.
i,'i"
~-',r.~c,.r' j\ ve. ;
thenco along the I~:;out.hc.n::l';, "'nr:1 l,I/C,,}tJ;;~J:/ " .~(, (\
'st~ as follows:
~Il ,/-.~'c.. cOld I'~J.J:t
.s39"Ql+'36"E &0.16 g,;
.'331,034'32"E 61+ .1'~, ft. ;
SllQ57'45"E dl.55
i'+ ..
._I.-e,
S1405-2t16"w 68.16
f'; .
- '" .. ,
~::'26a ~~;,'15tIN ?O.92 ~',.
'." ,
tl16nce lo&vir.g tr!0
("'-'1
I:' "'i' r'{\
,
"
'l' II)~)~' f!-
~l--ICT:~e
.(~)1" cr) ~ t'J 1;
',:)
'i,hl" so
I\:..,,~7"3? t'!'] r..
'),1,
" I'
tl't,' ';(;0 NLt30 "+b I VI' 1/,
t', -'II:;,'.'~ 0
;':22~ llf,_':-;~
,-, J LjOrO 'f:' ,'I -'"
I '" t) ". (! ~ '
-
,
.
,~ ",,",
""......
M E M 0 RAN DUM
TO: Aspen City Council
FROM: Planning Office (HC)
RE: Vare Duplex - Subdivision Exemption for Duplex Condominiumization
DATE: June 8, 1977
This is a request by Ned Vare for Subdivision Exemption to condominium-
ize an existing duplex located at the N.W. corner of Neal Street and
Gibson Avenue. The property is zoned R-15. The duplex is under con-
struction and it is not clear whether it is currently occupied. The
Park Dedication Fee has been paid at the time of the building permit.
We have referred the application to the City Engineer for comment due
to the possible need of the City for additional right-of-way at the
Neal and Gibson intersection. Certain parts of this obtained right-
of-way has been previously obtained by the City. The City Engineer's
comments are attached.
The Planning and Zoning Commission and Planning Office joint recommendat~on
of the exemption is for approval of the subdivision conditioned upon the
following:
1. The comments of the City Engineer.
2. A minimum 6 month lease restriction on both
dwelling units.
lmk
"" """,",-I~---,.."
,......
.......
APPLICATION FOR EXEMPTION
FROM SUBDIVISION REGULATIONS
Request is hereby made on behalf of Edwin C. Yare (hereinafter referred
to as applicant) under Section 2o-19(a) of the Aspen, Colorado, Subdivision
Regulations, for an exemption from the definition of the term "Subdivision"
with respect to the real property described as:
Legal description attached hereto as Exhibit "A",
for property located at N.W. corner of Neal Street
and Gibson Avenue, City of Aspen, Colorado
It is submitted that an exemption in the case would be appropriate.
The application involves subdivision of an existing duplex. A
subdivision of one lot with a duplex on it creates conditions whereby
strict compliance with subdivision regulations would deprive the applicant
of the reasonable use of his land. If an exemption is granted, the owners
of the property will have a common interest in the land and there will be
a condominium declaration and maintenance agreement applicable to the
property which will not in any way increase the land use impact of the
property. An exemption in this case will not conflict with the intent
and purpose of the subdivision regulations which are directed to assist
the orderly, efficient, and integrated development of the City of Aspen,
to insure the proper distribution of population, to coordinate the need for
public services, and to encourage well planned subdivision.
The granting of this application will not undermine the intent of
the subdivision regulations as it is clearly within the area intended for
exemption under 20-19. The building is already in existence, and there
will be no change in density which is presently in line with the desired
population density for the property.
Applicant agrees, upon its condominiumization approval, to restrict
the rental of said duplex units to periods of not less than six (6) successive
months (or in the alternate to not more than twice for short-term periods
within any calendar year).
There are no existing leaseholds on said property.
The applicant would appreciate your consideration of this application
at your next regular meeting.
/
t:
Herbert S. K
Attorney for
C. Yare (Applicant)
-
.-
'~J
....,......
MEMO
TO:
HAL CLARK
PLANNING DEPT.
DAVE ELLIS ~
CITY ENGINEER~~
FROM:
DATE: May 6, 1977
RE: Vare Subdivision Exemption Request
The engineering department is recommending approval of this
exemption subject to the following conditions:
1) A current title commitment which reflects the correct
property description.
2) An in place survey be completed to locate the common
line between property and right-of-way on Neale and
Gibson.
3) All landscaping elements be kept on private property
due to the very narrow right-of-way at that location.
cc: Herb Klein
- -..--
f~ e. (~
!:.f;. 5itli~. '&"1,.,5'2.
."..--..,.,,--,--1
'P/Ic . ~~. 3~
./~~~/~ ,/i~_
<. Ij J"~ I \..-"r~.
i'
7J.tAN ~j
~~~~~r~#7~
/:dd /~d~~
~Sf~. . I' .
. . I ()()() ~ ~ / "'-t.
dtnN ~':d_ r--~..
.
~, 191'1 /~.-to .. ~&a.
nt. ~ M(.~ ~ tfJ.4<<<t,., ~ ~
~. /~~~!. ~;D-~;zk ~.~
~ ~~~;d.z)t~
~:~. tIu "t1;~ 4/s ~ .4(~)
t': ~ ,tU~ .. .II~ ~ iL A..
~ : ~~~~1:%p.-
4d M' .u 7::7 . AI.!
h. tM ~ 4::f4 'A .'
7J. . ~ I ~ de . A,.u( I #<- )u-I.- ~ l:zk
. ~ 1 ~" '.]) '. #3
. . .' ~
.
W 12' . ~ J~ ~ I i-/-til.:....e -z4
. . Ak~" i 1;. ~ #- ~ .:ztu,:,.
~~ ~ k:tItt., , p -rtAJ, ,
tf/Mt.- ~ I ~t: f~ r
,
"
,.. '-,
, ,
POST OFFICE BOX 940, ASPEN, COlORA0081611
~ Bn~, a
-- r
c:.:a
~
CI:t
en
C'Q ,;
''!..
:::::n
-+-
I::::
:::I
~
c:.:a
I::::
--
-=-=
......
--
.:::a..
June lll, 1977
Mr. Bob Stevens
P.O. Box 11117
Aspen, Colorado 81611
//
Dear Mr. Stevens:
The Pitkin County Park Association is assisting the City!
County Planning Office in the formulation of a,list of
properties which would be desirable for ownership by a con-
servation organization, such as Park Trust Limited.
Your land, (Little Cloud) at the base of Shadow Mountain
(2 acres), appears to meet many of the objectives of our
land acquisition program. At the present time, we have
not establiShed the mode of funding which may be used for
this program; private gifts, City and County funds, and
Federal grants are all being considered. Nor have we estab-
lished that purchase is preferable to development-rights
acquisition, which, in general, is more desirable from
our point of view. It may be that actual title to land
acquired will remain with the City or County; however,
insofar as possible, we wish to establish future use control
provisions in any purchases.
This letter is simply to advise you that your land is on
our list, which may, at some time in the near future, be
subject to public discussion and consequently publication.
The fact that your land appears on this list does not guaran-
tee that we will be able to fund its purchase, nor does it
imply that we presume that you would be interested in imme-
diately selling this land. In fact, we would like to know now
if the inclusion of this land on our list could conflict with
your interest.
~.
t".
"
.
Mr. Bob Stevens
Page Two
June 14, 1977
'"
It is not our intent to see purchase acquisitions occur at
anything but market value. However, we are prepa~ed to pro-
vide advice on how a combination gift and sale might be better,
from a tax point of view, than an outright sale. Because
of the heavy tax burden which mav result from the sale of
land, we would like to bring your attention to the enclosed
booklet which describes various approaches to the problem
of tax minimization. Some of the techniques described may
fit your situation.
We will be interested in learning your comments on the above.
Cordially,
//
~~~
Bruce Oliphant, President
Pitkin County Parks Association
Sar:A~airman
Acquisition Committee
Imk
enc.
~'
"
"
'" '~"'.
'o~
,.'''1
,
~~ r CW-::C= "':}'{ S:UJ ;\SP:~!, GULf~;)'\:!'):1: .,
'<.,',..P
"
;," ""-1
J
~"'ll
.';"~
, ,
,.-,,J
,-,";.
~.
,-
.,
.
.. "_~,t
'::.::>. ;".;4
"..,::1..
)
; J r~rtl.U
19/1/77
,;
:.i
:.J
)
,,;.'~
<:':'.;.'
,.;...'
PROGRAM STATEMENT
j
.":~
In recognition of the importance of open space to Aspen as a
LAND AND DEVELOPMENT RIGHTS ACQUISITION
resort and as a community, the PCPA has established the Land Acquisition
,
)
Committee to work with the City and County governments to create a program
.
.
.~
,
1
for the acquisition of undeveloped land and development rights.
A primary intent of the program is the fair compensation of landowners
for whatever property rights are acquired. The financing systems to be used
will include funds from various Federal and State agencies, existing and
new City and County programs, and private donations and gifts from citizens
to the PCPA. Priorities for acquisition will compliment the interests of
individual landowners and the judgements of the PCPA with the cooperi;ltion
of the City-County Planning Office.
The intent of the program is to create a continuing effort for
open space acquisition instead of responding to acquisition opportunties
on a last-minute basis, as exemplified by the City's purchase of Rubey
Park and the Golf Course. Hereafter, an orderly program for acquisitions
will be encouraged fo move forward at a deliberate pace through the careful
selection of desirable properties for acquisition and the choice of the best
funding technique for each case. An effort will be made to solicit guidance
from the community in developing the program,
The Committee will ana1ize the tax implications of the program
in terms of City and County income. It will assist landowners to study the tax
.
.......'"
,-,
'......."'~.
2
advantages which can result from the purchase of land or development rights
by public agencies, as well as the gift of such rights to a non-profit
organization such as Park Trust Ltd. To the extent that its funds permit,
the PCPA may directly acquire various property rights or purchase options on
land which may be acquired later by governmental agencies, private co~servation
groups or individuals who would like to make a gift of open space to the
people of Pitkin County and its visitors. The PCPA may also commission
appraisals, surveys, legal studies and recreational development plans, The
PCPA would like to be contacted by anyone with skills in these fields who
might wish to contribute time to this program.
The Committee will evaluate the cost to the community for providing
services for the development of a given area versus the cost of retaining it
as open space. In addiiton, each 2cquisition Hill be studied in terms of
its scenic importance; potential or present recreational use; wildlife
habitat; water quality, water rights and watershed significance; agricultural
role; trail, road and housing implications; energy conservation and
generation implications and whatever other factors might relate to a change of
use for a particular property,
The PCPA is of the opinion that this program can make a major contribution
to the future social and economic health of the community. The PCPA is also
of the opinion that this program will assist in the control of development
and will do so in a manner which has the greatest potential for broad support
from the community. Anyone with information, opinions, services or funds
which may be used to assist this program is encouraged to communicate with
the Committee Chairman, Raymond N. AUl';er, at 925 4698 or Aspen Box 28'11
.
,
,. '01-.
STATEMENT OF EXEMPTION
FROM THE DEFINITION OF SUBDIVISION
WHEREAS, EDWIN C. VARE is the owner of a parcel of
land located in Pitkin County, Colorado, more particularly
described as:
Legal description attached hereto as Exhibit
nAn, for property located at northwest corner
of Neal Street and Gibson Avenue, City of
Aspen, Colorado.
WHEREAS, the applicants have an existing duplex located
on said property, and
WHEREAS, applicants have requested an exemption from
the definition of subdivision for the purpose of subdividing the
existing duplex through condomin~umization, and
WHEREAS, the Aspen Planning and Zoning Commission, at
its meeting held May 17, 1977, determined that an exemption from
the definition of subdivision is appropriate and recommended that
the same be granted, and
WHEREAS, the City Council determined that the subdivi-
sion of the existing duplex through condominiumization is not
within the intent and purpose of the subdivision ordinance set
forth in Chapter 20 of the Aspen Municipal Code,
THEREFORE, the City Council of Aspen, Colorado does
hereby determine that the proposed subdivision of the duplex locat-
ed on said property by its condominiumization is not within the in-
tents and purpose of the subdivision ordinance and does, for such
reason grant an exemption from the definition of such action,
PROVIDED, HOWEVER, that the foregoing exemption is con-
ditioned upon the restriction of rental of said condominium units
to periods of not less than six (6) successive months (or in the
alternative to not more than twice for short-term periods within
any calendar year).
Dated:
STACY STANDLEY, III, Mayor
I, KATHRYN S. HAUTER, do hereby certify that the forego-
ing Statement of Exemption from the Definition of Subdivision was
considered and approved by the Aspen City Council at its regular
meeting held Monday, June 13, 1977, at which time the Mayor, STACY
STANDLEY, III, was authorized to execute the same on behalf of the
City of Aspen.
KATHRYN S. HAUTER, CITY CLERK
STATE OF COLORADO
COUNTY OF PITKIN
ss.
The foregoing was acknowledged before me this day
of June, 1977, by STACY STANDLEY, III and KATHRYN S. HAUTER, per-
sonally known to me to be the Mayor and City Clerk, respectively,
of the City of Aspen.
Witness my hand and official seal.
My Commission expires:
Notary Public
""..Jl(
-'
LAW OFFICES
DWIGHT K, SHELLMAN, JR.
AND ASSOCIATES
A PROFESSIONAL CORPORATION
DWIGHT K, SHELLMAN. JR,
DOROTHY F. NUTTALL
ASPEN ATHLETIC CLUB BUILDING, P. O. BOX G.3
720 EAST HYMAN AVENUE
ASPEN, COLORADO 81611 (303) 925,2710
JON DAVID SEIGLE
BARBARA E. ORNITZ
HERBERT S. KLEIN
June 8, 1977
Mr. Hal Clark
Land Use Administrator
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
RE: VARE/MARSHALL - CITY COUNCIL AGENDA JUNE 13 f 1977
Dear Hal:
Enclosed please find ten copies of Statement of
Exemption From the Definition of Subdivision regarding
the above. Please include same on the agenda for June
13, 1977. A legal description will be forthcoming also
to be included on that agenda.
If you have any questions, please do not hesitate to
call me.
Very truly yours,
,_j/L< r:::.i.'i!/,j J]{~</L
Herbert S. Klein for (-
DWIGHT K. SHELLMAN JR.
AND ASSOCIATES, P.C.
Ene.
HSK:nv