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HomeMy WebLinkAboutcoa.lu.ex.LotsA&B-Blk15.MarciaWilliams.1978 --,---," .- . Memo To: Ron Stock From: Richard Grice Date: 10/26/78 Re: Request for Approval (or Advice as to) Proposed Letter Regarding Lots A & B, Block 15, Aspen Townsite Question I have prepared the attached letter, which I propose to send, if you approve it. It would permit the owner of Hawk Mountain Development to purchase the above two lots to construct an otherwise conforming residence for his former wife who is a long-time resident of Aspen. The question is whether a "Statement of Exemption from the Definition of Subdivision" adopted by City Council on November 22, 1976, and recorded in Book 32, Page 733 (attached) qualifies the last two lot group for an exception under GMP Section 24-l0.2(c). Facts City Council granted to a former owner (Marcia Sherman Williams) a statement of exemption for nine lots (A through I inclusive) on November 22, 1976 for "at most, four separate tracts." On December 15, 1976, Marcia Sherman Williams sold Lots A through F to the present owners (Gerald and Leslie Troyer), but retained the first lot group (Lots G, H, and I) as a single building site. ('under applicable R-6 zoning the three retained lots could not be further subdivided) On June 17-21, 1977, apparently in reliance upon the exemption, the Troyers obtained building permits no. 181-77 and 181-78 to move one old house onto Lots C & D and another old house onto Lots E and F. On November 14, 1977 Council adopted Ordinance No. 48, the GMP allotment program, which prohibited development unless an allotment was awarded therefore, but excepted "Construction of one single family .or duplex structure or townsite lots or lot subdivided prior to the effective date of this Article." Section 24-10.2 . Memo to Ron stock Page 2 10/26/78 On November 17, 1977, the Troyers contracted to sell the second lot group (Lots C and D) to Andy Snobble and contracted to sell the third lot group (lots E and F) to Jane Clark. Certificates of Occupancy issued on the house on Lots C & D and the house .on Lots E & F on January 11, 1978. On February 3, 1978, the November 17, 1977 contracts between the Troyers, Clark and Snobble closed. Unless the six lots owned by the Troyers on the date of adoption of the GMP ordinance were exempt, the Certificates of Occupancy of two units constructed on the third and fourth lot groups (with- out a GMP allotment) should not have been issued. The Troyers now wish to sell the fourth, and last, lot group (Lots A and B) to Hawk Mountain Development. Mr. Robert C. Williams (the President of Hawk) intends to construct an otherwise conforming residence for occupancy by his former wife, Marrianne Williams, an Aspen resident who works for Pat Moore. These parties have contracted or are about to contract for Lots A and B contingent upon removal of any doubt which might exist as to whether Lots ~ and B can be so developed without the necessity for obtaining a GMP allotment. Recommendation The view expressed in the proposed letter is that the Certificates of Occupancy were properly issued because the 1976 "Statement of Exemption" was sufficient to qualify the four lot groups as "sub- divided prior to the effective date of" the Gr4P resolution, and that lots A and B would be entitled to receive a building permit without necessity for GMP allotments for any of the four lot groups. If you concur in this view, I would appreciate your endorsing ~yobl approval on the proposed letter, which I will deliver to the attorneys for the parties, and to the Building Department. If you do not concur, I would suggest a conference with the attorneys involved. ~-,~--,...---""-"--,, . October 26, 1978 Mr. Albert Kern Box 389 Aspen, Colorado 81611 Mr. Dwight K. Shellman, Jr. 720 East Hyman, Suite 301 Aspen, Colorado 8l61l Re: Lots A & B, Block l5, Aspen Townsite Gentlemen: Please be advised that, upon the facts set forth in my memorandum to the City Attorney 'dated October 26, 1978, the referenced lots qualify as exempt from compliance with GMP allotment procedures, under the exception language of Aspen Code Article X, Section 24-10.2 of Ordinance No. 48, Series of 1977. The effect of this determination is that (1) a Building Permit will issue for construction of one single family upon Lots A and B, Block l5 without the necessity for compliance with Growth Management allotment procedures, if plans submitted otherwise comply with zoning, building codes and other applicable regulations, and (2) that the Statement of Exemption previously granted is still effective as a legal subdivision of the subject property. The concurrence of the City Attorney for the City of Aspen is acknowledged below. Copies of this letter will be placed in appropriate files of this office and the Building Department. Sincerely, Richard Grice Zoning Administrator Approved this day of , 1978. Ronald Stock, City Attorney of the City of Aspen cc: Building Department "'1 . -..' , ...., ",,' " ,,~ ADDENDUM TO RECEIPT AND OPTION CONTRACT Between: Hawk Mountain Corporation, Purchaser And: Gerald G. and Leslie J. Troyer, Sellers Dated: October 26, 1978 Re: Lots A & B, Block 15, City and Townsite of Aspen, Colorado The foregoing is amended to add the following additional paragraphs: 9.(b) The Purchaser or its agents shall have the right, at purchaser's cost, to enter the subject property for the purpose of obtaining a certified improvement survey. 9. (c) Title shall not be marketable in the event a correct certified improvement survey shall disclose clouds, defects, rights or claims of the type excepted by paragraphs 1, 2 or 3 of Schedule B, Section 2 of the U.S. Life Title Commitment 78-10-46. 9. (d) The Purchaser shall have the right to rescind this contract and to obtain refund earnest moneys paid to Sellers if the subject property is not "capable of development" under the exception and exemption language of Aspen Code Article X, Section 24-10.2, provided that receipt of written official confirmation in substantial conformity with the proposed letter to Richard Grice shall be deemed conclusive evidence that the subject property is capable of development. As so amended the above referenced Receipt and Option Contract is approved and entered into this day of , 1978. PURCHASER SELLERS HAWK MOUNTAIN DEVELOPMENT By Attorney in Fact Gerald G. Troyer Leslie J. Troyer :211 f; Ih:'\juldr ,'1.,,'11 !Vl " 'l" '!~ l' 1 t Y ,', 'un': i ! November 22, l'J7h Ms. P;Jtt"l:.":;()n :;l"t,'d ttl<~ vntirt' 1"l'QUL"lt \01..1'; $11:':0. The kHb; s;Jid they \oIould paint thc- buildinq, C,lQ".t h,u' lJVl'll d,lndl"d. Councilwoman PedC'rsl'n movL'd Llldt any cxpL'nditurc nL'<:ee>>,Jry for c.::lpi.tal improvements come out of the $2000, .J.nd that th\' in-house, help come out of .mother fundI seconded by Councilwom<Jn Johnston. All in Llvor, motion c.lrried. RIVE~Y}EW CI)NnOMINIJ!~ - l~equc5t for cncro.3.chl1wnt Jim Martin, applicant, told council he hJd t~lkcd with Dave Ellis, engineering department, and had found common ground. Riverview is dskinq for a 1 foot encroachment on Hopkins street and a fence down the boundary of the City all,'}' which is currently landscaped in grass. Martin submitted a revised map of the t:'ncroa-::hments. Ellis had asked for right of ingress and cgr...~ss across the west five feet of the property to make sure people had the right to get down to the river from Hopkins street. Councilman Behrendt moved to ~pprove the encroachment with the usual stipulations and indemnificationl seconded by Councilman Parry. All in favor, motion carried. SUBDIVISION EXEMPTIONS 1. Williams. Bal Clark stated this is an application for subdivision exemption dealing with previously platted townsite lots. It is the opinion of the planning office that it would achieve no purpose to put this through normal subdivision review. The planning office recommends approval. The land is zcned R-6. Councilwoman Pedersen moved to approve the subdivision exemption; seconded by Councilman De Gregorio. Councilman Behrendt asked why exempt this project when the City may be likely to get four huge structures. Planner Bill Kane said the planning office would like to implement a FAR in the residential areas, but has not done so. Albie Kern told Council the zoning controls what can be built on this property. It is zOned for two lots single family dwelling, and a duplex on the three lots. Councilwoman Johnston stated she felt this would have too much impact and should go through subdivision review. City Attorney Stuller pointed out that applicants are required to submit a floor plan only if they plan to condominiumize the building. There will be some zoning and FAR restrictions coming from P , Z in the near future that will affect this building. Council asked that this project be flagged in the building department, and if the applicant comes in for a building permit to have it checked through Council. Councilmembers De Gregorio, Parry, Wishart, Pedersen. and Mayor Standley in favor; Councilmembers Johnston and Behrendt against. Motion carr1ed. 2. Faschinq Haus. Clark stated this was a request for exemption for units 4A and 4 of the existing Fasching Haus building. These units were not originally part of the condominiumization. Councilman Behrendt asked that this be tabled so that he could investigate the units. Brian Goodheim told Council that he had been asked to support this application. Goodheim stated he would on the basis that unit 4A, which is the basement, be dedicated to employee housing. Councilman Behrendt moved to table this for one meeting while it is investigated by the building department and Behrendtl seconded by Councilwoman Johnston. Included in this is consideration of drafing a specific agreement to put one unit into employee housing. ~, All in favor, with the exception of Councilmembers De GregoriO and Parry. Motion carried.:: 3. Alpine Acres. Clark stated this subdivision exemption was merely City for use as right-Of-way for Gibson Avenue. The land will be not purposes. " a conveyance to the !~ used for development: II ii Ii Ii :i I !j Councilman De Gregorio moved to approve the subdivision exemption; seconded by Council- woman Johnston. All in favor, motion carried. 4. Mill Street Venture. City Engineer Dave Ellis told Council the applicant had applied for a building permit in May. When BUilding Inspector Meyring inspected the survey, he found the applicant claimed their property extended into the City's right-of-way on North Mill street. The future plans call for the City widening Mill street. Ellis stated" if the applicant would deed this property to the City and consolidate their curb cuts, !! it would be in the best public interest. If the applicant does deed property to the City for a right-of-way, then the applicant will have to get a variance from the Board of Adjustment. They will be under the 25 per cent required open space. The City is asking for a strip of land 250 x 25, which will ultimately provide a 80 foot right-of-way I for North Mill Street. The applicant has agreed to work with Morse to provide an easementj to the adjacent Aspen One property. Councilman De Gregorio moved to approve the subdivision exemption; seconded by councilman Parry. All in favor, motion carried; S. Tveite. Clark told Council this is an application for subdivision exemption for an existing duplex in West Aspon subdivision. The P , Z reviewed this and recommended approval of the exemption. Mayor Standley asked if the rental restrictions wore placed on this application. Clark answered th~t the p ~ Z did not make that a condition in this particular case. Mayor St.l:ldh.y stated he was not interested "in short term rental units, and wanted an agreement drafted that the units must be owner-occupied x por cent of the time. Gideon Kaufman suggested that the restric tion be six monts rental or two rentals per year. Councilwoman Pedersen mov0d to exempt from subdivision with the contingency of a six month renLll or two rent.lls per yeil!: lJt>:li.df'n the OWnf!rSl seconded by Councilm.1n Dc Gr{'qorio. All in f,lvor, motion carried. J Riverview Condos. Encrodchment Subdivision . Exemptions Williams -1 Fasching Haus Alpine Acres Mill Street Venture 'l"veite 1 .~ i 1 1 'I :1 RIVERVIEW CONDOMINIUM - Request for encroachment II : Ri verview Jim Martin, applicant, told Council he had talked with Dave Ellis, engineering department,! Condos. and had found common ground. Riverview is asking for a 1 foot encroachment on Hopk~ns Encroachment street and a fence down the boundary of the City alley which is currently landscaped in grass. Martin submitted a revised map of the encroachments. Ellis had asked for right of ingress and egress across the west five feet of the property to make sure people had the right to get down to the river from Hopkins street. IG Regular Meeting Aspen City Council November 22, 1976 Ms. Patterson stated the entire request was $1120. building, carpet has been donated. The kids said they would paint the Councilwoman Pedersen moved that any expenditure neceesary for capital out of the $2000, and that the in-house help corne out of another fund; Councilwoman Johnston. All in favor, motion carried. improvements come seconded by Councilman Behrendt moved to approve the encroachment with the usual stipulations and indemnification; seconded by Councilman Parry. All in favor, motion carried. SUBDIVISION EXEMPTIONS 1. Willi~. Hal Clark stated this is an application for subdivision exemption dealing with previously platted townsite lots. It is the opinion of the planning office that it would achieve no purpose to put this through normal subdivision review. The planning office recommends approval. The land is zoned R-6. Councilwoman Pedersen moved to approve the subdivision exemption; seconded by Councilman De Gregorio. Councilman Behrendt asked why exempt this project when the City may be likely to get four huge structures. Planner Bill Kane said the planning office would like to implement a FAR in the residential areas, but has not done so. Albie Kern told Council the zoning controls what can be built on this property. It is zoned for two lots single family dwelling, and a duplex on the three lots. Councilwoman Johnston stated she felt this would have too much impact and' should go through subdivision review. City Attorney Stuller pointed out that applicants are required to submit a floor plan only if they plan to condominiumize the building. There will be some zoning and FAR restrictions coming from P & Z in the near future that will affect this building. Council asked that this project be flagged in the building department, and if the applicant comes in for a building p~rmit to have it checked through Council. Councilrnernbers De Gregorio, Parry, Wishart, Pedersen, and Mayor Standley in favor; Councilmembers Johnston and Behrendt against. Motion carried. 2. Fasching Haus. Clark stated this was a request for exemption for units 4A and 4 of the existing Fasching Haus building. These units were not originally part of the condominiumization. Councilman Behrendt asked that this be tabled so that he could investigate the units. Brian Goodheim told Council that he had been asked to support this application. Goodheim stated he would on the basis that unit 4A, which is the basement, be dedicated to employee housing. Councilman Behrendt moved to table this for one meeting while it is investigated by the building department and Behrendt; seconded by Councilwoman Johnston. Included in this is consideration of drafing a specific agreement to put one unit into employee housing. All in favor, with the exception of Councilrnembers De Gregorio and Parry. Motion carried.:; 3. Alpine Acres. Clark stated this subdivision exemption was merely a conveyance to the !1 City for use as right-of-way for Gibson Avenue. The land will be not used for development~ purposes. II Councilman De Gregorio moved to approve the subdivision exemption; seconded by Council- !.'I woman Johnston. All in favor, motion carried. 4. Mill Street Venture. City Engineer Dave Ellis told Council the applicant had applied II for a building permit in May. When Building Inspector Meyring inspected the survey, he !: found the applicant claimed their property extended into the City I S right-af-way on ii North Mill street. The future plans call for the City widening Mill street. Ellis stated'i if the applicant would deed this property to the City and consolidate their curb cuts. ~I it would be in the best public interest. If the applicant does deed property to the il city for a right-of-way, then the applicant will have to get a variance from the Board of Adjustment. They will be under the 25 per cent required open space. The City is asking for a strip of land 250 x 25, which will ultimately provide a 80 foot right-of-way , for North Mill Street. The applicant has agreed to work with Morse to provide an easement!; to the adjacent Aspen One property. ! I Councilman De Gregorio moved to approve the subdivision exemption; seconded by Councilman I Parry. All in favor, motion carried. I ! i II II i I '! 5. Tveite. Clark told Council this is an application for subdivision exemption for an existing duplex in West Aspen subdivision. The P & Z reviewed this and recommended approval of the exemption. Mayor Standley asked if the rental restrictions were placed on this application. Clark answered that the P & Z did not make that a condition in this particular case. Mayor Standley stated he was not interested in short term rental ~nits, and wanted an agreement drafted that the units must be owner-occupied x per cent ~f the time. Gideon Kaufman suggested that the restric tion be six monts rental or two rentals per year. ~ouncilwoman Pedersen moved to exempt from subdivision with the contingency of a six 30nth rental or two rentals per year besides the owners; seconded by Councilman De Gregorio. ~ll in favor, motion carried. J i II Subdivision !I Exempt1.ons 'I 1 !I Williams ] FaSChing Haus Alpine Acres Mill Street Venture T'veite ~ , , 1G Regular ~leeting Aspen City Council November 22, 1976 Ms. Patterson stated the entire request was $1120. The kids said they would paint the building, carpet has been donated. Councilwoman Pedersen moved that any expenditure neceesary for capital out of the $2000, and that the in-house help corne out of another fundi Councilwoman Johnston. All in favor, motion carried. improvements come seconded by J ., :i I I I 1 Ri verview Jim Martin, applicant, told Council he had talked with Dave Ellis, engineering department,:' Condos and had found cornmon ground. Riverview is asking for a 1 foot encroachment on Hopk~ns . Encroa~hment street and a fence down the boundary of the City alley which is currently landscaped in grass. Martin submitted a revised map of the encroachments. Ellis had asked for right of ingress and egress across the west five feet of the property to make sure people had the right to get down to the river from Hopkins street. RIVERVIEW CONDOMINIUM - Request for encroachment Councilman Behrendt moved to approve the encroachment with the usual stipulations and indemnification; seconded by Councilman Parry. All in favor, motion carried. SUBDIVISION EXEMPTIONS Subdivision Exemptions 1. Willi~. Hal Clark stated this is an application for subdivision exemption dealing with previously platted townsite lots. It is the opinion of the planning office that it would achieve no purpose to put this through normal subdivision review. The planning office recommends approval. The land is zoned R-6. I ,. ;; Williams Councilwoman Pedersen moved to approve the subdivision exemption; seconded by Councilman De Gregorio. Councilman Behrendt asked why exempt this project when the City may be likely to get four huge structures. Planner Bill Kane said the planning office would like to implement a FAR in the residential areas, but has not done so. Albie Kern told Council the zoning controls what can be built on this property. It is zoned for two lots single family dwelling, and a duplex on the three lots. Councilwoman Johnston stated she felt this would have too much impact and should go through subdivision review. City Attorney Stuller pointed out that applicants are required to submit a floor plan only if they plan to condominiumize the building. There will be some zoning and FAR restrictions coming from P & Z in the near future that will affect this building. Council asked that this project be flagged in the building department, and if the applicant comes in for a building permit to have it checked through Council. Councilmembers De Gregorio, Parry, Wishart, Pedersen, and Mayor Standley in favor; Councilmembers Johnston and Behrendt against. Motion carried. '1 2. Faschinq Haus. Clark stated this was a request for exemption for units 4A and 4 of the existing Fasching Haus building. These units were not originally part of the condominiumization. Councilman Behrendt asked that this be tabled so that he could investigate the units. Brian Goodheirn told Council that he had been asked to support this application. Goodheim stated he would on the basis that unit 4A, which is the basement, be dedicated to employee housing. Fasching Haus Councilman Behrendt moved to table this for one meeting while it is investigated by the building department and Behrendt; seconded by Councilwoman Johnston. Included in this is consideration of drafing a specific agreement to put one unit into employee housing. All in favor, with the exception of Councilmembers De Gregorio and Parry. Motion carried.li 3. Alpine Acres. Clark stated this subdivision exemption was merely a conveyance to the !! ::::::::~:S:ea:r::::::O::::: ::ra:::::: :::n::~di:::i~:n:X::::i::;n::C::::df:: ::::::::enl',! woman Johnston. All in favor, motion carried. I. 4. Mill Street Venture. City Engineer Dave Ellis told Council the applicant had applied for a building permit in May. When BUilding Inspector Meyring inspected the survey, he , found the applicant claimed their property extended into the City's right-of-way on :1 North Mill street. The future plans call for the City widening Mill street. Ellis stated:: if the applicant would deed this property to the City and consolidate their curb cuts, Ij it would be in the best pUblic interest. If the applicant does deed property to the .. City for a right-of-way, then the applicant will have to get a variance from the Board ': of Adjustment. They will be under the 25 per cent required open space. The City is 11 aSking for a strip of land 250 x 25, which will ultimately provide a 80 foot right-of-way:' for North Mill Street. The applicant has agreed to work with Morse to provide an easement.! to the adjacent Aspen One property. I Councilman De Gregorio moved to approve the subdivision exemption; seconded by Councilman ' Parry. All in favor, motion carried. I I! 5. Tveite. Clark told Council this is an application for subdivision exemption for an eXisting duplex in West Aspen subdivision. The P & Z reviewed this and recommended approval of the exemption. Mayor Standley asked if the rental restrictions were placed on this application. Clark answered that the P & Z did not make that a condition in this particular case. Mayor Standley stated he was not interested in short term rental units, and wanted an agreement drafted that the units must be owner-occupied x per cent of the time. Gideon Kaufman suggested that the restric tion be six monts rental or two rentals per year. Alpine Acres Mill Street Venture i: Tvei te " " i ", ,I J ~ouncilwoman Pedersen moved to exempt from subdivision with the contingency of a six ~onth rental or two rentals per year besides the owners; seconded by Councilman De Gregorio. ~ll in favor, motion carried. i: " 'I I, II Ii Ri verview Jim Martin, applicant, told Council he had talked with Dave Ellis, engineering department,,' Condos. and had found common ground. Riverview is asking for a 1 foot encroachment on Hopk~ns : Encroachment street and a fence down the boundary of the City alley which is currently landscaped in " grass. Martin submitted a revised map of the encroachments. Ellis had asked for right of ingress and egress across the west five feet of the property to make sure people had the right to get down to the river from Hopkins street. .IG Regular Meeting Aspen City Council November 22, 1976 Ms. Patterson stated the entire request was $1120. The kids said they would paint the building, carpet has been donated. Councilwoman Pedersen moved that any expenditure neceesary for capital out of the $2000, and that the in~house help come out of another fund; Councilwoman Johnston. All in favor, motion carried. improvements come seconded by RIVERVIEW CONDOMINIUM - Request for encroachment Councilman Behrendt moved to approve the encroachment with the usual stipulations and indemnification; seconded by Councilman Parry. All in favor, motion carried. SUBDIVISION EXEMPTIONS 1. WilllimG. Hal Clark stated this is an application for subdivision exemption dealing with previously platted townsite lots. It is the opinion of the planning office that it would achieve no purpose to put this through normal subdivision review. The planning office recommends approval. The land is zoned R-6. Councilwoman Pedersen moved to approve the subdivision exemption; seconded by Councilman De Gregorio. Councilman Behrendt asked why exempt this project when the City may be likely to get four huge structures. Planner Bill Kane said the planning office would like to implement a FAR in the residential areas, but has not done so. Albie Kern told Council the zoning controls what can be built on this property. It is zoned for two lots single family dwelling, and a duplex on the three lots. Councilwoman Johnston stated she felt this would have too much impact and' should go through subdivision review. City Attorney Stuller pointed out that applicants are required to submit a floor plan only if they plan to condominiumize the building. There will be some zoning and FAR restrictions coming from P & Z in the near. future that will affect this building. Council asked that this project be flagged in the building department, and if the applicant comes in for a building permit to have it checked through Council. Councilmembers De Gregorio, Parry, Wishart, Pedersen, and Mayor Standley in favor; Councilmembers Johnston and Behrendt against. Motion carried. 2. Faschinq Haus. Clark stated this was a request for exemption for units 4A and 4 of the existing Fasching Haus building. These units were not originally part of the condominiumization. Councilman Behrendt asked that this be tabled so that he could investigate the units. Brian Goodheirn told Council that he had been asked to support this application. Goodheim stated he would on the basis that unit 4A, which is the basement, be dedicated to employee housing. Councilman Behrendt moved to table this for one meeting while it is investigated by the building department and Behrendt; seconded by Councilwoman Johnston. Included in this is consideration of drafing a specific agreement to put one unit into employee housing. " All in favor, with the exception of Councilmembers De Gregorio and Parry. Motion carried.l: 36 Alpine Acres. Clark stated this subdivision exemption was merely a conveyance to the ,I City for use as right-of-way for Gibson Avenue. The land will be not used for developmen~i purposes. I __~ouncilman De Gregorio moved to approve the subdivision exemption; seconded by Council- woman Johnston. All in favor, motion carried. 4. Mill Street Venture. City Engineer Dave Ellis told Council the applicant had applied I' -. for a building permit in May. When Building Inspector Meyring inspected the survey, he i: found the applicant claimed their property extended into the City's right-of-way On Ii __ North Mill street. The future plans call for the City widening Mill street. Ellis stated~! ..if the applicant would deed this property to the City and consolidate their curb cuts, ii it would be in the best public interest. If the applicant does deed property to the !i City for a right-of-way, then the applicant will have to get a variance from the Board 1'1 of Adjustment. They will be under the 25 per cent required open space. The City is I aSking for a strip of land 250 x 25, which will ultimately provide a 80 foot right-of-way 11 for North Mill Street. The applicant has agreed to work with Morse to provide an easementi to the adjacent Aspen One property. ..Councilman De Gregorio moved to approve the subdivision exemption; seconded by Councilman Parry 6 All in favor, motion carried. 5. Tveite. Clark told Council this is an application for subdivision exemption for an existing duplex in West Aspen subdivision. The P & Z reviewed this and recommended approval of the exemption. Mayor Standley asked if the rental restrictions were placed on this application. Clark answered that the P & Z did not make that a condition in this particular case. Mayor Standley stated he was not interested in short term rental units, and wanted an agreement drafted that the units must be owner-occupied x per cent of the time. Gideon Kaufman suggested that the restric tion be six monts rental or two rentals per year. Councilwoman Pedersen moved to exempt from subdivision with the contingency of a six ~onth rental or two rentals per year besides the owners; seconded by Councilman De Gregorio. ~l in favor, motion carried. l II 'i III Subdiv~sion . Exemptl.ons Ii I '~ Williams ] Fasching Haus Alpine Acres Mill Street Venture T'V"eite J --~.~,_._--"----_., M ~ o .,J\"il.... 'W, .. I, \ .-. .$' ',' ... ... '., ..."....~ \....'\....0."" ..-,,::. 0" t";;"'.t""." ....~...,'I. fj)'J f 1','.:.(.. 4,,"~."-:; ";'VV1lo"";..,,\.J .... .....,.,.,. '. S~ATZY2N~ OF EXEY2T~OX F~OX THE DEFI~ITIO~ O~ S~BDIV:SIO~ , . .~? I ;~:,),..,I} ;~, WHLREAS, YARCIA SHE~~~ WILLI&V, is the owner of the following cescribed lands located' within pitkin County, Colorado, to wit; Lots A, S, C, D, E, F, G, H, and I of Block 15 City and ~ow~site of Aspen, Colorado, ana WnE~AS, said WI~~I&~ desires to parcel said land into, at ~os~, four separate tracts, for the purpose of the conveyance of i~~e=es~s therein, and WHLREAS, Section 20-~(c) of Chapter 20 of the Aspen ~~~cipal (c) I: two or ~ore lots or portions of lots within the Original Aspen Townsite or Additions thereto have co~tinuo~s :rontage and are i~ single ownership (in- cluding hus~and 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 ~~is chapter and conveyance of any, whether or not along lot line, shall constitute a subdi- divis.ioti, . and ~ i i I I I I I , I Coc.e prov.:..c.es: WdLRZAS, said WILLI&V. has made application to the City of Aspen zor w~ exewption fro~ the definition of subdivision for such activity purs~a~t to Section 20-19 of the Aspen Xunicipal Code, and WrlEREAS, such application was reviewed and approved by the As?en Planning and Zoning Comm.:..ssion at its meeting held Tuesday, Janua~ 27, 1970, which ap?roval was cond.:..tioned ~pon the payment by the a?plicant of any Park Dedication Fees required by Section 7-143, and WHEREAS, the Aspen City Council has considered the applica- tion and dete~ned ~~at the proposed parceiing of the above- c.esc.:..rbed lands is without the intents and purposes of s~bdivision ~eg'" -t'on ... "",..Q ~ 10 , THERZFORZ, the City Council does herebY grant an exemption from the definition of subdivision for the proposed parceling and convey- anc.:..ng of the applicant's property and waive compliance with the procedural req~irements of Chapter 20 of the Aspen Y.~nicipal Code prior to civision anC sale, 0- _'. .-. ~. .' . (:It, q r , ,-,', "-, . . 1/ -, n.:.~~'{\ ~~c~\~~u , ;'~i~... ...,.... f'l: \ " .. ' . H..._ ~........ :t . ~: . ' ~ PROVIDZD, however, that there shu~l be paid to the City 0: Aspen, when due, any and all ?ark D8cication Fees required by reason thereof , as provided in Section . 7-H3 oz,. tile ," / " Aspen Younicipal .'.... , ..... Code. ",',', ....)PfX:;., ,,~:~~~...; :>. . .~. .."'11. .-.... . Mr\-.' .:,~ .:':_.:~,: ~;::;::., -: .\: A.~'\..~g.i.:;" .;,.......,. .:\."..: ,.://;;< ,~;:,~':-,'~;;:'::~~~'\\','". ,\',; ""i~ ..j"o_t/"j.:; ,:;)' vi; f/~A) ;'..::-\.A~~:?.Y,~.,..s_J iiA"C?E~, 'CITY C:'Er~ '~:,,:~'~~';>":';,:,~'.,<" >? ,',:' . ", "')...... \' .~ , :: ':::~ . '~~:~'.;":"'+:~:I~.~~~~Y::!. S. 3AU':'ER, ..' , ... "/ /';:' STACY STA.,DLZY ~ . ., ~.,.. , J " , J HI".....AYO?. I,' " . "1'.,( . I !',,( ". . " .j do certify that the foregoing State- . . . '. . ...' .... ,'-.' "'" . ,.. ... 'h .c'" men.... O~...L~errlpl..:...on :;:ror.\ I..ue De..l.nl. tl.on , " of subdivision was considered and approved by the Aspen City Council at its regular meeting held Yoayor, was au~.orized to execute the sw~e on behalf of the City /h . J 0/./ L.'..-,')-e/j:..-!UA .o:J.~ , 1976, at which time also, STACY S?A.,~LEY rII, of ~spen. /t:~1J.('/\) vi ;/(0~, ) KATF.RY~ HAUTE?., CITY CLEM , , ! S?ATZ OF COLO?.ADO ) ) ss. COU~TY OF ?ITXI~ ) The :oregoing was acknowledged before me this ~!d.day of /;1 /.' : . . r'j ,....,,....i....~/J! ,,) , 1976, by STACY STA~DLEY, III and KATH?.YN S. HAU':'ZR, kr.own. to.,rr.e to be the Mayor and City Clerk respectively of . ," ..:,.-".:fl'" -enOl City' ~i'Aspe'n. ,witness tr,y hand and official seal. ,~..........~...~:'..'::...... ~.;,:;:.:~,;/~~;~;;;. . . " \ \ .. . I . '.: ,~".' t' . . .:t, ,',>:f? :::\';,:: '.;i'j'/~i;~"\\",;i:\\l~:~ .. _; ," _-'_."\.~. t' - ,. .:. :~ ,::" , ~ ~ \ ~ \, .: ~~) :, /"7 . :.M.y.....co;:-.:n:..s Si:o.n ...~~pl.res\. ...(!../"r111 a...t. to_. . .",.. '. ,;1.'..... " "< .. J .' ... t/ ,.:.~~..:..... \....' .,' ;~ ~?:::t~~:::.:::;;:: ~ ~~:~.:' ..'. '..;::-" '.':- '\1.1 (1 ?\O"lic j~ I~ /q19 . " " " I , , $ .' j . , ~.;, . '. \ '.' , . ~ -, , , . .~ ' .' , t , .,. " '.\. . '. 1 . '" ~ " ',' f t " 1 '.'. . ~.. " ,j'" , '.' ; " , ~ ' ',' ." . ~ ;'. , , I.: .~I .'~ '.: ':N ., 0, J . "~ " " 'I ':. I ~,"~ ~ t',: ;..' " ;-. . , I' r- ,. . ;, 0, , . , I' ,:' ~ , .' . J .~ ~~~:.' I " .':" ~:... .' ..-. r .. ;'J' :.... . ~~'~~.~ . .. '..., ..;,' ;~' ~-:',\11 ,J.', , . .. j .: ~ ,I,' t", ',,' ,I,. 7' . . ~ '..' \"...j '0.. .~... ~: " '.. :.,I't " '...'t j' ~ I .. . " " :,," ;1 .,; . \ .. I' .). .\, ", . ,.' 'j \. ..,' " " o () ..........1,.... v, .." \, -" " .. 'w. ...../....I\.~'0.....; .....0::. ." ..j;)Io....,., ...".-:(. t,) 'J' \'.'....,r.. J... ..... '"; VW4oo!,,,,,,,,WV -. ,,'-'~ I, i ~ S~ATZY~~~ OF EXEY2T:OX F~OX TliE DEFI~ITIO~ O~ S~B~:V:SIO~ , . .~0.' I ;~:,)."'..,11 ;~, WHEREAS, YARCIA SHE~~~ WILLIA.V. is the owner of ~~e' following described :ands located within pitkin County, Colorado, to wit; Lots A, B, C, D, E, F, G, H, and I of Block 15 City and ~owusita of Aspen, Colorado, and WHE~AS, said WI~LIA.V. desires to parcel said land into, at mos~, four separa~e trac~s, for the purpose of the conveyance of i"~ere5~S therein, and WHE~AS, Section 20-4(c) of Chapter 20 of the Aspen ~lli~cipal (c) If two or ~ore lots or portions of lots within the Original Aspen Townsite or Additions thereto have continuo~s frontage and are iu single ownership (in- cluding husband and wife as in all cases a single owner) O~ the effective date of this ordi~ance, the lots or portions thereof involved, regardless of diverse times of acquisition, shall be con3idc~ed an undivided par- 1 " - t" "h' h t" " ce ~o~ ~e purposes o~ tl~s C~ap er ana conveyance o~ any, whether or not alo"g lot line, shall constitute a subdi- divisio;1,'anc. " , f I , ! I I I . I , Coc.e provic.es: WdE~AS, said WILLIA.V. has made application to the City of Aspen :0= ~~ exelliption fro~ the definition of subdivision for such activity pursuant to Section 20-19 of the Aspen Xunicipal Code, and WrlEaEAS, such application was reviewed and approved by the Aspen Planning ~~d 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 dete~ned L~at the proposed parceling of the above- c.escirbed lands is without the intents and purposes of subdivision ~e<;ulatia:l, THEREFO~, the City Council does herebY grant an exemption from the cefinitior. of subdivision for the proposed parceling and convey- ancing of the applicant's property and waive compliance with the ~roced~ral requirements of Chapter 20 of the Aspen ~unicipal Code ?rior to division and sale, ,..,. ~.... - .' '.. ~ . .-"/ '-,' _lJ '-' r l . . ~ C) , ,.i ":',n ~~.,. '..I, \ ~,,\i'\\,.i"'V , ~;~~,) ,t11 ..., ..... f "f- ,,,~\;. ,.........: . ' PROVIDED, however, that there shull be paid to the City of Aspen, when due, any and all Park Dedication ~ees required by , reason thereof as provided in Section . 7-H3 0':;. the y ,I " Aspen y.unicipal .,,, . '.... Code. .'j.,., ,... ~:.~g(X;. '. ',..' .,~\~~';~;~j,~;..;.~:~~.'. A~""':'C:'~.'~""".." "" "". ;j'\' .J. "\...-''''':1...1. .' ",...... .". \ .,.' : /~ :,':-' :.-.'::: :;~",~,' ;;~\~;~"\,: ',: ", .' ' ,.'~.,~ :/t'o:.r:LL/:;j ):i J-/iJ_dV) ,"_ .~_.,. "'--'_ -''\I.,"~_ .....J -_- 'I .-r;"7,'~' ......Tn'l\' CT 4'T'"\'l . . ....::.l1....~~&''":..,~.~_ ..:.r.._\J::~_~,!-'; .~..~.,I. .o,.I...."U'o. .:: . , ,:,;~.{;'/':, ..",(, ./;~!;': , .', ',)..... \' .' '. ::':':"::";..::.f.'.if..'2'h?''I:'S S. HAUTER, do certify that the foregoing State- .-' , yo ,./ /':, , ~ '; ~ ., ,.... i .r III ,........AYOR 1/ .' .. il',/ ,I iri .., , ,/ STACY S':'A.,DL;;:Y , . J Iiler."t 'of','.'E'xemption frow. the Definition of Subdivision was considered , .. . . . ; and app~~ved by the Aspen City Council at its regular meeting held ~ayor, was authorized to execute the sw~e on behalf of the City /h . J "'./ L I--:,U');..)UA ,~.-::J , 1976, at whic~ time also, S':'ACY S~A.,~LEY rII, of Aspe:.. , /~ru:1J.. , KATHRY~ -:-- S':'A':';;: OF CO~ORADO ) ) ss. COU~TY OF ?I':'XI~ ) "'h" . ....e ~orego~ng /;1 !) j.' ~ r. J r......... J.' II J ~, was acknowledged before me this '27!/Lday of , 1976, by STACY S':'A~DLEY, III and KATHRYN S. liAU':';;:R, kr.own. t,?,me to be the Mayor and City Clerk respectively of . .' ...,.'.. . ",\'.' . " i" .;.1 the City of"As?en" .witnoss my hand and official seal. .' ~"",""'~''';:'''I::'l'", ~';:<";'~"t{:~~.~~i.;' . . '.' \ \ .. II. ". :\~:... t' : .::<.' .~<'.~:..,:. ::~;'.:"'//~<>~',,;t:::/~::, '/ ) " ",. :' ,. '. " " , "c,', , ~otary ,.t:~ .' ,;::'~~'~.''';\I''= ~~~ ~. /'7 :;y.Y,::~o~~~',~,s,~..~~n..~~.:.--:p~re5'-, ,r..{!/P I ( :1.), , !~ I ~ ;q 11 . '. " , Co '..,..... \~ " J d ' , ';;';;~~;:;:;::~:;~::;:/::>"" " :.......; ,,:. 'i:tl(l ?Ublic . .' <. , . . ..~ '. " " , , , ,. .'1, " , " ".' " t. ,~l { . " \~ " , .. ~ \ ., " .. } , , . ., . , ~ , , t ,.! '..f " .\ ~". ~ '. \ , . ' ~'.' ~ ~f' II " I, '.1; : ;;.: ',. ." :,,' ~... ';' I,' 1 f. ,," ~~, ;-. :"'.' ,",' :' ,'. .1 w~.~ :.~ 't' ,~". ,',:, ':'~. .;,1 ;..' ~~," ,J.., , ,II. ,;~ ,'.' t,., '.,1 . ., " ' . ~ ~.t \., ',~ , : . '. : ,~., ' ; '! ", ....1 # '.: ~': ....;, " # .~.: ,: ~"~ ~::~ ...' :~,.' .: :\. ~' I I ,,! ., .~~: I ., : ..:" t ;": " , f ,: . '" " :1 I . ~' " I . I .. " \ .. ..;:: " 'l' , :";' , ,h . ~ ,,' " j \:." , "'.' " , .i , -e "' " ' ,"""'J '--. . -e , , ,,~ ii -, n.'~~(\ ~~C~\~~U . ';'~~Cl'~ -., ...' t. "1' .' ,..1.1. ~'I.lI.": PROVIDED, however, that there sha:l be paid to the City o~ Aspen, when aue, any and all Park Dedication Fees required by reason thereof as provided in Section 7-1~3 o~the Aspen Municipal }~. I " "'''''''. Coae. '..... , ~ "/ .:/~:':'-:" . '. ';'. ,!,;,: : ".:. : ~ ,", .... ~ ., ~ ".., . ~~\~.~;~;,j.;;....;:~;~', Ar\(-I-:;-'f;T ..:....'... ..,; " ". ~:I\ ....l.'\..,.........,':' "'. \1 ...~.':. :; ,'..... ':< ...~..... ..'. ..... ..., ", '. . 1_ ,:" '; ~;.. '.. \, . /" STACY S7A.'\DLEY III"I1.AYOR 1/ " . .1''; \ :,., ,", .; . .:' :.' ..' (''1 . .' :j -t ..'Y.....: ~.)' ~'.. ,<= ,.j '_Le L .... " ~. " :-J;Ji)/~) ',CITY CLERK '. ,.:;-\A':':~RY':\-~,..s_' nAr.;~E}~/, ~'\:'I)' ~~.:~.. ~':: .'. .' '~~;"', ..,~,~~/ "'. 'I!),., ,',I,' ,,' . .....,.,:::;,::,:,"\~';!H~Y'S. S. r.IAUTER, do certify that the foregoing State- mer-...t o.t'~'E'x~rr~ption ::rom the Definition of subdivision was considered and approved by the Aspen City Council at its regular meeting held /J? '''''')_{J)J~..vJ ,,:/,:) , , 1976, at which ti~e also, S7ACY S7A.'\DLEY III, Xayor, was authorized to execute the sw~e on behalf of the City of ~spe... /:;LC1C'ti'/c) vI J./~~ ) KATHRYN HAU7ER, CI7Y CLERK S7ATE OF COLORADO ) ) ss. COUN7Y OF PI7XIN ) 7he foregoing was acknowledged before me this 17'/Lday of .t;, /) /. ."; 1',,' "-)/'"!'" J I /~ ., ' J , 1976, by STACY S7ANDLEY, III and KATHRYN S. IiAU7ER, )mown., tl?me to be the Mayor and City Clerk respectively of '. ,) tohe City of:,Aspen.,..:'^'i tness my hand and official seal. ,,<,':;~<~"; ;',::'~:,~:~::~,"',\,};~;'"i!;~'" :- ,,>.' .,. p. , ,,'. ,'\",',' , : . I) .'....~:~ \ ')y;':7 ~oits,~s',~(o:,~,; ~Jo'res(lr: ^' ^' / ~ /q1-0/ , ..1. , :,...... .I.~U.I..:. , ~ .4.1. ...~...... ~ '. ,-;'/__' I .1). l~./,l,J jl,,- _ __ '--' ...... .1'.'... 'V . J I , '.- ., '>.:.~::.-.~. ~~':/~;',::.: :~~. \:~~.,..... :,'..~ : :.1 ~:':" ...'..,:.11..... ,., , '<:/ (I Public . 1'_. .~:= .;.' .' ,,' .' " .' ; '. i; .' .. ;'" ,~~ ~~ .. ~.; {. '.. , ., ',:, ; '. 1 , , . >,',' ;. \.~, ~ , ., ", 1 ,...... " " ,~,' ,,'./ /, ,., I. V ,I.' {I' , . , . .. : .. , .:,' .' .'.- I, \' , ., ~~ : . ., " " '" \ .' I ',.' ;"'~ 0" .. " t/fIl& ,.. Jo.JI."..L... v I .. r, \ ----I ,:, .~i~"Io..';0'(:..'''';' ..-..,:~,.., ... i":....'... .-..,,,,," ~,; ~, 1',1.:.[ -j,...."::) ~~I.V~ ....... J...",.,.. STATEY.ENr:' OF EXEY~T~OX F~OX THE DEFI~ITION OF S0BDIV:SIO~ .~?-' I ;I:..).,.,I} ',., WHEREAS, Y~RCIA SHE~~ WILLIA.V. is the owner of ~~e following described lands loca~ed within Pitkin County, Colorado, to wit~ ~ots A, Bf C, D, E, F, G, H, and I of Block 15 City and ~ownsite of Aspen, Colorado, and WHEREAS, said WI~LIA.V. desires to parcel said land into, at lliOS~, four separate tracts, for the purpose of the conveyance of i~~erescs therein, and WHEREAS, Sec~ion 20-4(c) of Chapter 20 of the Aspen Kuncipal Code provides: (c) I~ two or ~ore lots or portions of lots within the Original Aspen Townsite or Additions thereto have continuous frontage and are i~ single ownership (in- cluding husband and wife as in all cases a single owner) O~ the effective date of this ordioance, 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 , WAErtEAS, said WI~LIA.V. has made application to the City of Aspen fo~ w~ exeffiption fro~ the definition of subdivision for such activity pursuant to Section 20-19 of the Aspen Xunicipal Code, and 'NriErtEAS, 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 ~he applicant of any Park Dedication Fees required by Section 7-143, ar..d WHEREAS, the Aspen City Council has considered the applica- cion and dete~ined ~~at the proposed parceling of the above- ~escirbed lands is without the intents and purposes of subdivision regl.47.ation, ~HERE20RZ, the City Council ~oes hereby grant an exemption from t:-.e . .t:' '... .t: c.e..l.;u.. ....::..o~ 0... 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 ~unicipal Code prior to division and sale, .. -'.