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Home My WebLink Aboutcoa.lu.ex.William, Lots A-I, Block 15 ;1 ..~ ." .~ ~ ~1 , j r t "~,j;'~;;ii';:') ~ if ",l , " " F~. t' ~ I.. ~ .' ,.':;;.~r~,"~ 'U1v "'-~~' -",,;;;;;,:0;,,"""--'<1 I j~ ""~1 "i~' : .uI J;J ..I ~ , " f) rn '\ ' n . . . . . ') " . '- ", ','.: . ,"'I' ," , '.,.; d . .t . , \ " I I I ' U"'~"',,';'\"'U;\J\',,,i-' \/,',,',.,',"'I,''J'"'',''' "'l~'~,"', .! . . . . . I .' .. U' _ ' . i~. .. . ., .. '~.- '.'.. . : ~ .' . t \if .- " r'~'~ r (?""n~\ f~f1 ~ '1" . r: '1 . ,. , t. \ "':."~ ."~" ,:r\ " ":"., .'."".~ .. (\ ',:~ .,.....~';~f1fj ~r'l ~ .' '.~ 1,~"m""~"'; ,: .... -'c' \; ~'; fu21~~~~~,,; r~'~i,i > '. , i\ I.~ \.' ;';t .\ ' ~ j'~\A~\i.J0:\~J t...1 W:\JWt,;~.'..J, f~.,J ~ .~ ~ \., ~, v;.J '. e~ !/!"....... _ .r'1 "..-..' _'" ..-~ '. .-- tl>.1t..~ .. , r ." ,. . . ,.. '. f" . ,-' - .... J" ~.., /"" .~.~i;' '''..;': - , , ".. ;': ''11 I '. " ,I' . . ~ ~. . ( , ,~..,.- iIiifi. I, '4';. ; '''''~. . ,',. ,." t \j . Ie " '10' ." '.,y '.,) \.> " '~,? '.."r >.,' .. 'G,:'" ",;.'" t." 'V.'" ASPEN/PITK 130 so aspen, ing Department s t re e t 81611 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Planning Staff (HC) RE: Subdivision Exemption - Williams Property DATE: January 15, 1976 This subdivision exemption request is described in detail in the attached letter from Chuck Brandt. The City Engineer has been consulted and he has no objections to the request. The Planning Office recommends approval of the exemption request, provided that the open space dedication cash requirements are made at the time of subdivision exemption approval. Ordinance No. 70 has not as yet been adopted and thus no provision now exists for collection of dedication fees at the time of building permit. We also feel that the subdivision of lots A and B requires the subdivision of lots C - I, and therefore payment of dedication fees for all the property (A through I). HOLLAND & HART ATTORNEYS AT LAW JOSIAH G.HOLLAND STEPHEN H,HART JOHN l.J. HART WILLIAM D.EMBREE,JR. JAMES L.WHITE PATRICK M.WESTFELDT CLAUDE M.MAER,JR ROeEln P DAVISON JOHN FLEMING KELLY FRANK H,MORISON WilliAM C.McClEARN JAY W.TRACEY,JR. JOHN ALLEN MOORE BEN E.CHIDLAW JAMES E,HEGARTY flELD C.BENTON DAVID BUTLER J.MICHAEL FARLEY WARREN L.TOMLINSON BRUCET.BUELl DON D. ETTER 500 EOUITABLE BUILDING 730 SEVENTEENTH STREET DENVER,COLORADO 80202 RANDYL,PARCEL DAVID G.PALMEIl MICHAEL D, MAIlTIN SRUCE 'II, SATTLER RAUL N,RODRIGUEZ JACK L.SMITH JOHN D.COOM8E EUGENE F, McGUIRE SOLOMON N.8ARON THOMAS A.FAULKNEIl 1l08EIlT J. MOIR MARK R. lEVY R.8ROOKE JACKSON PAUL T.RUTTUM 8RITTONWHITE,JR. WILEY E. MAYNE, JR. RICHARD T.CI,sSON GREGORY A.EURICH JAMES T. MORAN HARRY L,HOSSON KENNETHD.HUBBARD ROBERT l.VER SCHURE GOROON G.GREINER ROBERT H.OURHAM,JR. WilliAM LMURANE L.WILLlAM SCHMIDT,JR. JAMES P. LINDSAY EDWIN S. KAHN SAMUEL P.GUYTON JOHN S.CASTELLANO DENNIS M.JACKSON R08ERT E.BENSON RICHARD M.KDON CHARLEST,SRANOT ROBERT T,CONNEIlY HAIlADDN BEATTY ARTHUR C,DAILY JEFFREY C,POND JOHN UNDEM CARLSON TELEPHONE AREA CODE 303 292-9200 CABLE ADDRESS HOLHART, DENVER MOUNTAIN PLAZA BUILDING P. O. BOX 1128, ASPEN, COLORADO 81611 TELEPHONE 925-3476 AREA CODE 303 January 5, 1976 Mr. Jack Jenkins Chairman City of Aspen Planning and Zoning Commission 130 S. Galena Avenue Aspen, Colorado 81611 Re: Lots A through I, Block 15, City and Townsite of Aspen, Subdivision Exemption Dear Mr. Jenkins: Request is hereby made on behalf of Mrs. Marsha Williams under Section 20-19 of the Aspen, COlorado, Subdivision Regulations, for an exemption from the definition of the term "Subdivision" with respect to the above-referenced property. The request for an exemption is necessitated by Mrs. Williams' desire to market her nine contiguous original Townsite lots (Lots A through I, Block 15). Thus, the sale of any portion of this property would constitute a "resubdivision" with the meaning of Section 20-4(c). With this application for exemption, our check in the amount of $50.00 is enclosed to cover the application fee. It is submitted that the contemplated subdivision described above satisfies the intent and purposes of the Subdivision Regulations (Section 20-2) for the following ways and should, therefore, be exempt from having to comply with all of the Subdivision procedures: (1) All utilities, sewer, water, electrical, and natural gas lines abutt or are adjacent to the telephone lots; (2) Access is available from existing City streets; and CHRISTOPHEIl N. SOMMER EDWARD M.GILES 8RITT CAROL ANDERSON ALAN E, 80LES,JR. GEIlALOW.GRANDEY STEPHENL,PEPPER THERESAW.OORSEY KENDALL T.SANFORO THOIolAS E.GE80W JANE MICHAELS TALESNICK S.WYATT McCALLIE L,TYRON[ HOLT WILLIA... 101, BURKE JUERETA p, SMITH ARTHUR B. FERGUSON,JR JAMrS[,HARTLEY J"'MES E, BOICOURT ; HOLLAND &HART Mr. Jack Jenkins January 5, 1976 Page Two (3) Since the lots are original Townsite lots, orderly and efficient development has been assured as well as the proper distribution of population, etc. Request is also made for an exemption from the strict application of the provisions of the City of Aspen's Subdivision Regulations dealing with land dedication or the payment of a fee in lieu thereof. Under the recently adopted Ordinance No. 70, Section 20-18, Public Dedications and Easement, was amended to provide that all land submitted for subdivision approval shall be subject to the land dedi- cation or cash payment provisions. Anticipating that the City Council will elect to receive a cash payment rather than land dedication, it is requested that this payment be required of the purchaser or purchasers of the property at the time a building permit is sought and not of Mrs. Williams at the time of subdivision exemption approval. This request is made for the following reasons: Firstly, the intent and purpose of Ordinance No. 70 was to deal with the impact of additional residences located in the City of Aspen on the City's park, recreation, and open space programs. Since these impacts do not occur until such time as a property owner completes construction and actually moves in to the newly constructed residence, it is not reasonable to collect this fee at the time of subdivision of the property. Secondly, Mrs. Williams is financially unable to pay the dedication fee at the time this subdivision exemption might be granted by the City of Aspen. Thirdly, it is not known when the first lots will sell nor how many sales there will be resulting in impossibility in determining the amount of the dedication fee to be paid. Authority for this exception from the strict application of the dedication requirements exist under Section 20-19(a) which states that the Planning Commission may grant exceptions from the strict application of one or more of the standards, requirements, or other provisions of this chapter (other than the design standards in Section 20-17), when, in the judgment of the Planning Commission, undue hardship may HOLLAND &HART Mr. Jack Jenkins January 5, 1976 Page Three result from strict compliance. It is believed that these criteria have been met in the following manner: (1) The special circumstances or conditions involved are the economic circumstances of the property owner and the impossibility of determining the amount of dedication fee to be paid until all of the property has been sold; (2) enjoyment the right The exemption is necessary for the preservation and of a substantial right of Mrs. Williams, namely, to sell her property; and (3) The granting of the exemption would not be detrimental to the public welfare or injurious to other property in the area in which the subject property is situated, for we are merely requesting a postponement of the time at which the dedication fee would be paid. In the event it is determined by the Planning Commission or Council that a dedication fee must be paid at the time of subdivision exemption for all of the propery, we then request that subdivision exemption only be granted to Lots A and B, Block 15 and not with respect to the contemplated sale of any of the other lots owned by Mrs. Williams. Very truly yours, C-~,,~ ~ p Charles T. Brandt for HOLLAND & HART CTB/mgp Enclosure cc: Harold Clark Sandra StUller, Esq. top'; TO !J4Ve k tc/~ 19/16 Ire o o u~J~........ Lie., ,0. etll~~ I ,........ ,0 CGIIll'iIdOr ~ o CowtHl_,~ o Del._nse *.::..~ ...... .....:r ':'1,':--:.'<,-:::;.-, _,.- '-\ ~~<b j.:. 75247 No. <:l':'~~; ,.OtQ...,1'ieIJet ".:.q ....,; Oceup,,*'taI< '''1'''1' , " "',,,I;,.t SaIK:r_ Licea_ i""" \.,~. '0 Basi..... 0.-. ""-'-',-.,." o Specc St........ OMap$,~&~ o Oot,fmpound -/1..' ,,,.0 ZeroxC""ies ~~~ o Other OF. ZJ It> -/14!./, . o Q 1ft '" o . o o ',;" / ~ ~~~DA~ HOLLAND & HART f)~e / /)N7 ATTORNEYS AT LAW JOSIAH G.HO~LAHO STEPHEN H. tiART JOHN 1......HA"'1 ...'LLI...... O.E:MBREE,J!t J......ES I..WHltE: ""TRIC-1{ M.WESTfELDT CLAUDE: ".MAltR,JR. ROBERT P. DAVISON JOHN FLEMING KELLY ""A"l( "'.MORISON WILLIAM C. ..ceLt"''''H JAY W.TRACEY,JR. JOHN ALLEN MOPIlE IlIEN E. CHIDt.,lW JAIIlES E.HEGARTT ,.,EI.O C. BENTON OAVIO BUtLER J.MICH"'ElI"ARLET WARREN 1..101141.1'-I50N BRUCE T.BUELL DOH O. I!:TTER 500 EQUIT"'Sl.E BUILOING 730 SEVENTEENTH STREET . DENVER, COLORADO 60202 RANDY I.,PARCEl OAVlo G.PAt."'ER l'IIICHArL D. ...ARTIN BRUCE W.S"TTlER "AUL H. ROORIGUEZ JACK 1..5M11H .JOHN D. COOMBE EUGENE l". ...eGUIRI: SOLOMON N. BARON THO"''''5 ....F...Ur..IINE!1 ROBERT J. ,",QIR MARK R, U:VY R. .RODIIE JACKSON P"Ul.T.RIJTTUM 8RITTO'" WHITE,JR. WILEY IE.MATNE,JR'. RICH...RD T. C...SSON GREGOR... ....EURICH J"'MES T. MO"''''N H"'RRY l.HOBSON IIENNETH O.Huaa"'RO ROBERT l.YER SCHURE GOROON G GREIN[q ROBERT H.OURH"'M,JR. WilLIAM E,MUR"'NE L.WILLI"'M SCHMIOT,JR. J"'I>tES P.lINOS"'''' EDWIN S.II"'HN S"''''VEL P. GUYTON JOHN S.C"'STEll"""O OENNIS M.J"'CIISOf\l R08EAl E.BENSON RICH"'RO 1<oI.1I00N CH"RlES T.ElR"'NDT ROBERT T.COf\l"'ERY H"'''''''DON BEAny ...ATHUR C.O"'llY JEf'REY C.PONO JOHIt UltOEM CARLSON TELEPHONE AREA COOE 303 292-9200 CABLE ADDRESS HOLHART, DENVER MOUNTAIN PLAZA BUILDING P. O. BOX 1128, ASPEN, COLORADO 61611 TELE;PHONE 925-3476 AREA CODE 303 January 5, 1976 Mr. Jack Jenkins Chairman City of Aspen Planning and Zoning Commission 130 S. Galena Avenue Aspen, Colorado 81611 [0' ,.,.. ..1"'1 J'~ ,i " n ./ VI";" . Re: Lots A through I, Block 15, City and Townsite of Aspen, Subdivision Exemption Dear Mr. Jenkins: Request is hereby made on behalf of Mrs. Marsha Williams under Section 20-19 of the Aspen, COlorado, Subdivision RegUlations, for an exemption from the definition of the term "Subdivision" with respect to the above-referenced property. The request for an exemption is necessitated by Mrs. Williams' desire to market her nine contiguous original Townsite lots (Lots A through I, Block 15). Thus, the sale of any portion of this property would constitute a "resubdivision" with the ~eaning of Section 20-4(c). With this application for exemption, our check in the amount of $50.00 is enclosed to cover the application fee. It is submitted that the contemplated subdivision described above satisfies the intent and purposes of the Subdivision Regulations (Section 20-2) for the following ways and should, therefore, be exempt from having to comply with all of the Subdivision procedures: '(1) All utilities, sewer, water, electrical, and natural gas lines abutt or are adjacent to the telephone lots; v (2) Access is available from existing City streets; and I ( -fl. ,__ ~- tcJ#7bJt"4/J //~ ) , CHAI5TOPHI(R N. SOMMrR EOW"'RO M.GILES BRITT CAROL "'NOERSON ALAN E.BOlES.JR GERALO W,GIU.ltCE1' STEPHENL.PEPPER THERESA W.CORSEY IIEItOAlL T.SANfORD THOM"S E.GEBOW JANE MICHAELS TAlESNICII S.W"ATT McC"lllE l,TYRONE; HOLT WilliAM M, BURIIE JUERET" P. SMITH ARTHUR 8. FERGUSON,JR. JAMES E.H"'RTlET JAME:S It. BOICOURT HOLLAND &HART Mr. Jack Jenkins January 5, 1976 Page Two (3) Since the lots are original Townsite lots, orderly and efficient development has been assured as well as the proper distribution of population, etc. Request is also made for an exemption from the strict application of the provisions of the City of Aspen's Subdivision Regulations dealing with land dedication or the payment of a fee in lieu thereof. Under the recently adopted Ordinance No. 70, Section 20-18, Public Dedications and Easement, was amended to provide that all land submitted for subdivision approval shall be subject to the land dedi- cation or cash payment provisions. Anticipating that the City Council will elect to receive a cash payment rather than land dedication, it is requested that this payment be required of the purchaser or purchasers of the property at the time a building permit is sought and not of Mrs. Williams at the time of subdivision exemption approval. This request is made for the following reasons: Firstly, the intent and purpose of Ordinance No. 70 was to deal with the impact of additional residences located in the City of Aspen on the City's park, recreation, and open space programs. Since these impacts do not occur until such time as a property owner completes construction and actually moves in to the newly constructed residence, it is not reasonable to collect this fee at the time of subdivision of the property. Secondly, Mrs. Williams is financially unable to pay the dedication fee at the time this subdivision exemption might be granted by the City of Aspen. Thirdly, it is not known when the first lots will sell nor how many sales there will be resulting in impOSSibility in determining the amount of the dedica~io~ fee to be paid. Authority for this exception from the strict application of the dedication requirements exist under Section 20-19(a) which states that the Planning Commission may grant exceptions from the strict application of one or more of the standards, requirements, or other provisions of this chapter (other than the, design standards in Section 20-17), when, in the judgment of the Planning Commission, undue hardship may . HOLLAND &HART Mr. Jack Jenkins January 5, 1976 Page Three result from strict compliance. It is believed that these criteria have been met in the following manner: (1) The special circumstances or conditions involved are the economic circumstances of the property owner and the impossibility of determining the amount of dedication fee to be paid until all of the property has been sold; (2) enjoyment the right The exemption is necessary for the preservation and of a substantial right of Mrs. Williams, namely, to sell her property; and (3) The granting of the exemption would not be detrimental to the public welfare or injurious to other property in the area in which the subject property is situated, for we are merely requesting a postponement of the time at which the dedication fee would be paid. In the event it is determined by the Planning Commission or Council that a dedication fee must be paid at the time of subdivision exemption for all of the propery, we then request that subdivision exemption only be granted to Lots A and B, Block 15 and not with respect to the contemplated sale of any of the other lots owned by Mrs. Williams. Very truly yours, c~~ Charles T. Brandt for HOLLAND & HART CTB/mgp Enclosure cc: Harold Sandra Clark/ Stuller, Esq. .1..( , ',.'Vl j.UU ,.,..J. ut.::I..-. d, , 500\\320 f~~~ 133 __d~.)'Gd;;; - , STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION .)~ . ". ,,ri .' .f .....,4 WHEREAS, MARCIA SHERMAN WILLIAM is the owner of the following described lands located within pitkin County, Colorado, to wit: Lots A, B, C, D, E, F, G, H, and I of Block 15 City and Townsite of Aspen, Colorado, and WHEREAS, said WILLIAM desires to parcel said land into, at most, four separate tracts, for the purpose of the conveyance of interests therein, and WHEREAS, Section 20-4(c) of Chapter 20 of the Aspen Muncipal Code provides: (c) If two or more lots or portions of lots within the Original Aspen Townsite or Additions thereto have continuous frontage and are in single ownership (in- cluding husband and wife as in all cases a single owner) on the effective date of this ordinance, the lots or portions thereof involved, regardless of diverse times of acquisition, shall be considered an undivided par- cel for the purposes of this chapter and conveyance of any, whether or not along lot line, shall constitute a subdi- division, and WHEREAS, said WILLIAM has made application to the City of Aspen for an exemption from the definition of subdivision for such activity pursuant to Section 20-19 of the Aspen Municipal Code, and WHEREAS, such application was reviewed and approved by the Aspen planning and Zoning commission at its meeting held Tuesday, January 27, 1976, which approval was conditioned upon the payment by the applicant of any Park Dedication Fees required by Section 7-143, and WHEREAS, the Aspen City Council has considered the applica- tion and determined that the proposed parceling of the above- descirbed lands is without the intents and purposes of subdivision regulation, THEREFORE, the City Council does hereby grant an exemption from the definition of subdivision for the proposed parceling' and convey- ancing of the applicant'S property and waive compliance with the procedural requirements of Chapter 20 of the Aspen Municipal Code prior to division and sale, . \ ,....'" - " I ~3~O r~'t 734 PROVIDED, however, that there shall be paid to the City of Aspen, when due, any and all Park Dedication Fees required by reason thereof as provided in Section 7-14~~O~ithe Aspen Municipal Code. ...~ ~ ,/ " "~~I,IH'~;,"/",,,:~>, A~T":-""" ~I'" ,..-,: ~ ~ ;', ~ ,': .~? ~~, ,:' ~ t1""t ~ '," , "~;!iS~~~~UT~!,1~ '#:'~(';:':'." ,:,':)'f ':..,:~/ .' "" I~ (,'~ ; ';', 1'\' ,.-' ,':"",:,,+':.~'l'Ft~YN S. HAUTER, do certify that the foregoing State- ment' of"'Exem~tion from the Definition of Subdivision was considered /' STACY STANDLEY III,MAYOR /1 " ,~I~~~ ,~ '" . and approved by the Aspen City Council at its regular meeting held /jz-lrlu-nJ<..uJ c1;q , 1976, at which time also, STACY STANDLEY III, Mayor, was authorized to execute the same on behalf of the City of Aspen. /t'~~/^) vi dan~) KATHRYN HAUTER, CITY CLERK STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing /';j .J) I- v.1 (/} ~y'n {/1 was acknowledged before me this~day of , 1976, by STACY STANDLEY, III and KATHRYN S. HAUTER, known t(),me to be the Mayor and City Clerk respectively of , . ,. ;' ., :~' . ' the City ot'Aspe'n~ Witness my hand and official seal. .~,..:;.., ""'" ,,\i ~ "', ~'//"'" J J /' "~. .' '\.'\./ ",,;)> :~::,\ '), f, I{J J11"e I/~t() yJ, < f fl~ ,', ':> :;-,~, '~ . ~ Notary Publ~c ~Y-;~o~,i.6,si:~~)ipire1-O,/{wo.),;r /'7; N'!1 . ~::<::,,:,;/,',:;: :,~ ,I':, , \'. ~ ll' ~,:", , " .,,' ~ " . ._.._.,--~ ALBERT KERN ATTORNEY AND COUNSELOR AT LAW P. O. BOX 389 430 E. HYMAN STREET ASPEN, COLORADO 8161 1 TELEPHONE (303) 925-7411 November 5, 1976 Ms. Sandy Stuller City Attorney 130 South Galena Aspen, Colorado Street 81611 Dear Sandy: I am enclosing herewith the revised Statement of Exemption from the Definition of Subdivision relating to the property owned by Mrs. Marcia William, which is Lots A-I, Block 15, City and Townsite of Aspen, Colorado. It is my understanding that this Statement of Exemption will be pre- sented to the members of the City Council at their meeting on November 22, 1976, and is in accord with Ordinance #63 (Series of 1976) which is anticipated to be adopted at the City Council meeting on November 8, 1976. This proposed Subdivision Exemption has been approved by the Planning and Zoning Commission at their meeting on January 27, 1976. Thank you for your consideration. Yours very truly, ~~ ALBERT KERN AK/pa Enclosure cc. Leonard M. Oates, Esq. . MEMORANDUM TO: Aspen City Council FROM: Planning Staff (HC) RE: Subdivision Exemption - Williams Property Lots A-I, Block 15, Aspen Townsite DATE: November 17, 1976 This is a request by Marcia William for Subdivision Exemption to create four (4) separate lots to consist of the following parcels of existing Lots A-I, Block 15, Aspen Townsite; Lots A-B; Lots C-D; Lots E-F; and Lot G,H, and I. Three sites for single-family dwellings and one duplex dwelling unit site will be created by this exemption grant. On January 27, 1976 the Aspen Planning and Zoning Commission granted approval of the exemption conditioned upon payment of the Subdivision Dedication Fees. The Planning Office recommends approval of the Subdivision Exemption conditioned upon payment of the Subdivision Dedication Fees at the time of building permit issuance as allowed by Ordinance 63. 0;Z/1101~0 By ('OClNC/! -- STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION WHEREAS, MARCIA SHERMAN WILLIAM is the owner of the following described lands located within Pitkin County, Colorado, to wit: Lots A, B, C, D, E, F, G, H, and I of Block 15 City and Townsite of Aspen, Colorado, and WHEREAS, said WILLIAM desires to parcel said land into, at most, four separate tracts, for the purpose of the conveyance of interests therein, and WHEREAS, Section 20-4(c) of Chapter 20 of the Aspen Muncipal Code provides: (c) If two or more lots or portions of lots within the Original Aspen Townsite or Additions thereto have continuous frontage and are in single ownership (in- Cluding husband and wife as in all cases a single owner) on the effective date of this ordinance, the lots or portions thereof involved, regardless of diverse times of acquisition, shall be considered an undivided par- cel for the purposes of this chapter and conveyance of any, whether or not along lot line, shall constitute a subdi- division, and . WHEREAS, said WILLIAM has made application to the City of Aspen . for an exemption from the definition of subdivision for such activity pursuant to Section 20-19 of the Aspen Municipal Code, and WHEREAS, such application was reviewed and approved by the Aspen Planning and Zoning Commission at its meeting held Tuesday, January 27, 1976, which approval was conditioned upon the payment by the applicant of any Park Dedication Fees required by Section 7-143, and WHEREAS, the Aspen City Council has considered the applica- tion and determined that the proposed parceling of the above- descirbed lands is without the intents and purposes of subdivision regulation, THEREFORE, the City Council does hereby grant an exemption from the definition of subdivision for the proposed parceling and convey- ancing of the applicant's property and waive compliance with the procedural requirements of Chapter 20 of the Aspen Municipal Code prior to division and sale, _~__---4-~___..I-.__ .,. PROVIDED, however, that there shall be paid to the City of Aspen, when due, any and all Park Dedication Fees required by reason thereof as provided in Section 7-143 of the Aspen Municipal Code. STACY STANDLEY III, MAYOR ATTEST: KATHRYN S. HAUTER, CITY CLERK I KATHRYN S. HAUTER, do certify that the foregoing State- ment of Exemption from the Definition of Subdivision was considered and approved by the Aspen City Council at its regular meeting held , 1976, at which time also, STACY STANDLEY III, Mayor, was authorized to execute the same on behalf of the City of Aspen. 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, known to me to be the Mayor and City Clerk respectively of the City of Aspen. witness my hand and official seal. Notary Public My Commission expires ALBERT KERN ATTORNEY AND COUNSELOR AT LAW P. Q. BOX 389 430 E. HYMAN STREET ASPEN. COLORADO 8161 1 TELEPHONE (303) 925-7411 February 2, 1977 Mr. Hal Clark Land Use Administrator City of Aspen 130 South Galena Street Aspen, Colorado 81611 Dear Hal: Per your request, I am enclosing a copy of the Statement of Exemption from the Definition of Subdivision for the williams property, Aspen, colorado, for your files, recorded in Book 320 at Page 733 at the records for pitkin County, Colorado. ;JJi~UIY' ALBERT KERN AK/pa Enclosure " RECORD OF PROCEEDINGS 100 Leaves FOIl" 'l C.~, HIl(CKfl R. n. It l. CO. Regular Meeting Planning and Zoning Commission January 27, 1976 Subdivision Exemption Williams Property Kane introduced the Williams property. Chuck Brandt represented the Williams property. There is a request to exempt the sale of two lots which are lots A and B 0' block 15 for purposes of subdivision. Mrs. Williams OWl lots A thru I. The proposal is to sell A and B together as one unit. The planning office is recommending to approve the subdivision exemption; however they would like the open space dedication fee be applied to the sal of the land at that time. Certain questions are raised. 1) If the Planning and zoning approves the exemption of subdivision for the sale of lots A and B then what is th legal status of lots C thru G. Kane felt it would be creating another lot and potential for subdiviison and questioned what would happen to the dedication fee on tl rest of that property. The improvements of the streets installment of utilities of water, sewer and electric utilities are in place. The only thing that isn't guaranteed with an exemption is the payment of the open space dedication fee. The Planning Department is recommending that sale of this land be exempted from subdivision purposes with the agreement that the dedi- cation fee be paid for A and B. There is a safeguard through Ordinance #94, if it is passed, to guarantee the Ordinance #94 takes the open space dedication require- < ment and applies it to all building permit activity. Brandt explained he would like an exemption from three different tracts. Those being A and B; C and D; E and F; with the latter three lots G, H, and I allocated to the existing residence on the property. If it is the desire of the Commission or City Council to require the payment of the dedication fee for the three separate lot at the time exemption is granted; Mrs. Williams will not be able to a.fford to do it. Then we would want the exemption with respect to A and B only. City Attorney Stuller told the Commission there is no technique available for postponing that dedication fee to a later time. Only if Ordinance #94 is passed it will then allow the dedication fee to be imposed at the time thebuilding permit is issued. ' Brandt clarified his request. Because of the economic hardship of Mrs. Williams he is asking for postponement for the payment. Brandt suggested that at the time the property is sold a resolution could be drawn to cover th situation so enforcement thing is met. City Attorney Stuller felt there was nothing which woule preclude theCity from taking Mrs. Williams promisory nor for the amount of money and making payments over a peric of time. City Attorney Stuller suggested to the Commis to adopt in their motion that if Ordinance #94 is adopt( the Commission will oppose it at the time of developmen and if Ordinance #94 is not adopted, then Mrs. Williams will have to execute a promisory note for the entire amount. She will pay as much as is attributable to A a B and the balance of it only if Mrs. Williams develops the balance of the tract. Motion Hunt moved to recommend exemption of subdivision regulil tions of the Williams subdivision provided that all pal dedication fees are paid upon at the first sale of a subdivided parcel; and all the purposes for subdivision regulations have been met with the except; (, of a dedication requirement; seconded by Johnson. All in favor, motion carried. AI,BEI~T KEHN "nORNEY AND COUNSELOR AT L.-.W P. O. BOX 388 430 E. HYMAN STREET ASPEN. COLORADO 81 6 1 1 TELEPHONE 13031 825.7411 November 5, 1976 Ms. Sandy Stuller City Attorney 130 South Galena Aspen, Colorado Street 81611 Dear Sandy: . I am enclosing herewith the revised Statement of Exemption from the Definition of Subdivision relating to the property owned by Mrs. Marcia William, which is Lots A-I, Block 15, City and Townsite of Aspen, Colorado. It is my understanding that this Statement of Exemption will be pre- sented to the members of the City Council at their meeting on November 22, 1976, and is in accord with Ordinance #63 (Series of 1976) which is anticipated to be adopted at the City Council meeting on November 8, 1976. This proposed Subdivision Exemption has been approved by the Planning and Zoning Commission at their meeting on January 27, 1976. Thank you for your consideration. Yours very truly, c/Wt ~ ALBERT KERN AK/pa Enclosure cc. Leonard M. Oates, Esq. /~ ..:...; p' ,-. .1 ,