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Home My WebLink Aboutcoa.lu.ex.C.M. ClarkLotsP-S,Blk28.1977\OM - E��- I I-P C . PI. CLARK Lots P,Q,R,S, Block 28 E X1 Recorded 1005 AM 40 June 6, 1977 Julie Hane IOOK 329 PAGE 9 STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION WHEREAS, C. M. CLARK ("Applicant"), is the owner of certain real property located within the City of Aspen, which location is more particularly described as: Lots P, Q, R and S, Block 28, City and Townsite of Aspen, Pitkin County, Colorado, and; WHEREAS, lots R and S currently have improvements situated on them, consisting of a single family dwelling and an unattached garage structure, and; WHEREAS, lots P and Q are unimproved except for a small, one-story wood frame shed, and; WHEREAS, the Applicant has applied, pursuant to the provisions of Section 20-19(b) of the Municipal Code of the City of Aspen for an exemption from the definition of subdivision for the creation of two separate parcels con- sisting of improved lots R and S and unimproved lots P and Q so that the lots can be treated as separate parcels for the purposes of resale and/or (in the case of the unimproved lots) construction of improvements and subsequent sale of the lots as improved, and; WHEREAS, the Aspen Planning and Zoning Commission did, at its meeting held February 1, 1977, determine that this proposed division of property is without the intents and purposes of subdivision regulation (subject to certain conditions) and did further recommend to the City Council that the requested exemption be granted, and; WHEREAS, the Aspen City Council, at its meeting held Monday, March 14, 1977, did consider the requested exemption, did agree that issuance of an exemption is ap- propriate, and did grant the same subject to certain conditions, 0 • "OOK 329 i mE 926 THEREFORE, NOTICE IS HEREBY GIVEN that the City Council of the City of Aspen, Colorado has granted an exemption from the definition of subdivision for the creation of two separate parcels, consisting of lots P and Q, Block 28 as one separate parcel, and lots R and S. Block 28 as another separate parcel, and has granted the Appli- cant the right to convey said parcels separately if desired; PLEASE TAKE FURTHER NOTICE that this grant of exception is conditioned as follows: 1. That before the construction of any improve- ments on lots P and Q, the Applicant shall pay to the City of Aspen the appropriate Park Dedication Fee attributable to said construction, calculated pursuant to Section 7-143 of the Aspen Municipal Code. 2. That the existing blue spruce tree located on lots P and Q, be preserved in tact and not be removed, relocated or in any way interfered with. 3. That application be made and pursued with due diligence for the real property situated on lots R and S to be designated as an H, Historic Overlay District and if so designated that said real property will thenceforth be held subject to all of the regulations and restrictions in connection with such designation. 4. That the conditions hereby imposed shall be deemed covenants running with the land and burden the same, and be binding upon the Applicant, his heirs, assigns and successors in interest. Dated c.c., � /? 7 2 na 32 ' I, Kathryn S. Hauter, City Clerk of the City of Aspen, Colorado, do hereby certify that the foregoing exemp- tion from the definition of subdivision was granted by the Aspen City Council at its regular meeting held March 14, 1977. `.J STATE OF COLORADO ) ss. County of Pitkin ) zea_-�� d Kathryn OW,. Hau er The foregoing was acknowledged before me this day of n�,e 1977, by Stacy Standley, III and Kathryn S. Hauter, Mayor and City Clerk, respectively, of the City of Aspen, Colorado. WITNESS my hand and official seal. My commission expires: !) -/q-79 �n No Public �;. -3- CJ SLEMON, MAZZA & LASALLE, P. C. ATTORNEYS AT LAw 434 EAST COOPER AVENUE POST OFFICE BOX 3219 DAVID R. SLEMON ASPEN, COLORADO 81611 ANTHONY J. MAZZA JOHN D. LASALLE May 24, 1977 Mr. William G. Kane City -County Planning Director City of Aspen 130 South Galena Aspen, Colorado 81611 Re: C. M. Clark Subdivision Exemption Dear Bill: AREA CODE 303 TELEPHONE 925-2043 As you know, in connection with the subdivision exemption granted to C. M. Clark by the Aspen City Council on March 14, 1977, Mr. Clark was required to pay a park dedication fee applicable to the two presently improved lots (R and S, Block 28). By memorandum directed to Clayton Meyring, dated February 23, 1977, Philip Mahoney agreed to a current market valu- ation of the property in question at $53,000. Based upon that valuation the calculation of the park dedication fee is as follows: $53,000 = 6,000 square feet = $8.83 per square foot 2 bedroom house = factor of 2.7 2.7 x .0025 x 43,560 x 8.83 = 2,596.28 In accordance with the schedule of taxes paid on the im- provements, which schedule is attached hereto, you will see that Mr. Clark is entitled to a credit of $1,792.12.'- That leaves a net park dedication fee payable to the City of $804.16-According to our calculations. If you and Dr. Mahoney agree with this calculation, please 0 0 SLEMON, MAZZA & LASALLE, P. C. ATTORNEYS AT LAW Mr. William G. Kane May 24, 1977 Page Two so indicate by signing the bottom of this letter in the space provided. Thank you for your cooperation in this matter. Very trul ours, John D. LaSalle for SLEMON, MAZZA & LaSALLE, P.C. JDL:dr / .5 . �_./, ✓��.. Philip J. Mahoney SLEMON, MAZZA & L.ASALLE, P C. ATTORNEYS AT LAW 434 EAST COOPEH AVENUE POST OFFICE BOX 3219 DAVID R. SLEMON ASPEN, COLORADO 81611 ANTHONY J. MAZZA JOHN D. LASALLE iav 24, ? � I Mr. William G. Kane City -County Planning Director City of Aspen 130 South Galena Aspen, Colorado 81611 Re: C. M. Clara: Subdivision Exemption Dear Hill: AREA CODE 303 TELEPHONE 925-2043 As you know, in connection with the subdivision exemption granted to C. M. Clark by the Aspen City Council on March 14, 1977, Mr. Clark was required to pay a park dedication fee applicable to the two presently improved lots (R and S, Block 28). By memorandum directed to Clayton rMeyring, dated February 23, 1977, Philip Mahoney agreed to a current market valu- ation of the property in question at $53,000. :Based upon that valuation the calculation of the park dedication fee is as follows: $53,000 + 6,000 square feet $8.83 per square foot 2. bedroom house = factor of 2.7 2.7 x .0025 x 43,560 x 8.83 - 2,596.28 In accordance with the schedule of taxes paid on the im- provements, which schedule is attached hereto, you will see that Mr. Clark is entitled to a credit of $1,792.12. That leaves a net park dedication fee payable to the City of $804.16 according to our calculations. If you and Dr. Mahoney agree with this calculation, please MW W SLEMON, MAZZA & LASALLE, P C. ATTORNEYS AT LAW Mr. William G. Kane May 24, 1977 Page Two so indicate by signing the bottom of this letter in the space Provided. Thant you for your cooperation in this matter. Very truly yours, John D. LaSalle for SL%MO_I, MAZ ZA & LaSALL_,, P.C. JDL:dr jj; �e'IIXA 14 �9iIliam G. ne Philip J. Mahoney • 0 TO: FROM: MEMORANDUM Aspen City Council Planning Staff (HC) RE: Subdivision Exemption - C.M. Clark --Two parcel Subdivision DATE: March 10, 1977 This is a request for subdivision exemption by C.M. Clark to allow the splitting of a four lot parcel held in one ownership i.e., Lots P,Q,R and S, Block 28, into two separate parcels, i.e., Lots P and Q, and Lots R and S. The property is zoned R-6. Lots R and S are developed with a single-family dwelling; Lots P and Q contain a small shed and a large (35') spruce tree which dominates the site. The Planning and Zoning Commission recommends approval of the request subject to compliance with the Tree Preservation Ordinance of the City, and a restriction of a 10' building set- back from the existing house on Lots R and S. The Planning Office recommends approval of the exemption sub- ject to the P&Z conditions. T 'vision dedication fee for the developed lot R and S is 3 846.3 (4 x .0025 x 43,560 x $8.83). Lots P and Q are undeveloped and fee payment should be at the time of building permit ap,J5 ication. This item is located betkeen 4th and 5th on Hallam Street. -7IF1, 62 073,73 p11.*0yNT O(ue Per- -3/9 cll''7 -7 A YEAR I IMPRIEMENT AMT fF TAXES ON LAND VALUE VALUE _ CITY MILL LEVY - IMPROVES PD . TO CITY _-- 18 8 8 DO UO - 1889 1890 1891 � mod, av 0 /dG'd, oV _ 1892 0 adAoee, Gv 1893 ; /, - DD jG Ott 1894 - i 1895 1896 1897 1898 1899� 1900 1901 I �(� OD 1902 ,�.SD 1903 1904 e OO D, Od 1905 Zza o /mod oo ,� 9 DD 1906 .�.�.�..D .. 1907 Do �.SG an _ 1908 1909 �li0 ,S G�J vTDG'O / 1910 o0 1911 - 1912 - 40 e) � s 1913 1914 1915 --- -- s 0, GO C' G, So ---- 1916 1917 /3a caZFC. e_ so 1918 1919 77 1920 oo -3ao, Go Vic) coo_ �Q r 1921 1922 --- 1923' - �_ -.... � �........+.o..---...,.�..,.,,--.+.- .. yam.., ,r... ..w.-..mow,.,,,,,,,. .........--.-. A. ... , •—..r.w--------- ;� _ IMPROVEMENT AMT OF TAXES YEAR LAND VALUE VALUE CITY MILL LEVt ON IMPROVES PAID TO CITY 1924 s?D, pG .,7D, OD �U_. 00 �'-_- A� GD 1925 1 /o,p� --a19 2 6 - 1927 /.; o Ce 1928 _ /o7v, oo aov. ec { 1929 1930 + 1931 i D .60 wv, Do v O 1932 O e 1933 a,4D S,00 �, c 37S 1934 1935 pp ' _ 1936 DJ 0 AlvD. DD �/a, dv i �lQ 1937 0 04 G o dd 1938 d. DD v?OD90 i oe) U 1939 1940 Vi ea — 1941 1942 O tJ0 1 e,d 1943 1944 i 1945 i — 1946 1947 1948 1949 1950 ee 1951 - 1952 -�/D. GG 1953 ee ------- 1954 1955 1956 1957 f ' 1958T11 �- �. CO �.��U. GO "% let I0� 1959 `t y --- YEAR LAND -VALUE IMPROVEMENT VALUE CITY MILL LEVY AMOUNT OF TAXES ON IMPROVES. PD. TO CITY 1960 1961 } �,lp pO .j,�?o, oo �DU 1962 -71 /Z 7�11 1963 1964 co 9,: ��oe 4 L a Z) 1965 f ;Z71 1966 4"ele eel 1967 1968 oo ae- 1969 ov 1970 Ice ell Go 2J 1971 1972 1973 ee7 1974 Z loe, ee 1975 do AV I TOTAL !I I I EMORA14DUM TO: Aspen City Council FROM: Planning Staff (HC) RE: Subdivision Exemption - C.M. Clark --Two parcel Subdivision DATE: March 10, 1977 This is a request for subdivision exemption by C.M. Clark to allow the splitting of a four lot parcel held in one ownership i.e., Lots P,Q,R and S, Block 28, into two separate parcels, i.e., Lots P and Q, and Lots R and S. The property is zoned R-6. Lots R and S are developed with a single-family dwelling; Lots P and Q contain a small shed and a large (35')- spruce tree which dominates the site. The Planning and Zoning Commission reconnnends approval of the request subject to compliance with the Tree Preservation Ordinance of the City, and a restriction of a 10' building set- back from the existing house on Lots R and S. The Planning Office recommends approval of the exemption sub- ject to the P&Z conditions. The subdivision dedication fee for the developed lot R and S is $3,846.35 (4 x .0025 x 43,560 x $8.83). Lots P and Q are undeveloped and fee payment should be at the time of building permit application. This item is located between 4th and 5th on Hallam Street. APPLICATION FOR EXEMPTION FROM THE DEFINITION OF A SUBDIVISION UNDER SECTION 20-19(b) OF THE MUNICIPAL CODE OF THE CITY OF ASPEN Pursuant to subsection (b) of Section 20-19 of the Municipal Code of the City of Aspen, C. M. CLARK (herein- after referred to as "Applicant") hereby .applies for an exemp- tion from the definition of the term "Subdivision" with respect to the division of certain real property described as: LOTS P, Q, R and S,'BLOCK 28 - City and Tounisite of Aspen, Pitkin County, Colorado into two separate parcels; Lots P and Q would be one parcel and Lots R and S would be the other. The Applicant, by virtue of a contract of sale dated October 15, 1976 will become the owner of Lots P, 0, R and S in Block 28, on January 15, 1977. Lots R and S currently have improvements situated on them, consisting of a single family dwelling and an unattached garage structure; Lots P and Q are unimproved except for a small, one-story wood frame shed which is located at the Northerly end of the two lots, abutting the alley between Hallam and Francis Streets (an improvement survey is attached to this application). The pur- pose of this application is to obtain an exemption from the term subdivision so that the two improved lots (R and S) and the two unimproved lots (P and Q) can be treated as separate parcels for the purposes of resale and/or (in the case of the unimproved lots) construction of such improvements as are contemplated and permitted by the zoning provisions of the Municipal Code. The current zoning of the property in question is R-6, requiring, 6,000 square feet for minimum lot area and permitting the construction of one or two family dwellings. As can be seen from the improvement survey submitted with this application, unimproved lots P and Q and improved lots R and S conform to the requirements for minimum lot area and permit- ted improvements. The Applicant submits that the exemption would be appropriate in this case for the following reasons: (1) The division of this property into parcels consisting of lots P and Q on one hand and R and S on the other, is not within the intent and purpose of Chapter 20 of the Muni- cipal Code regarding the regulation of subdivision because the property in question is located within the original Townsite of Aspen and all streets, utilities, access easements, storm drainage and other subdivision design considerations have already been complied with. (2) The division of these particular four lots into two, two lot parcels conforms to the density considerations of recently enacted land use legislation as reflected in the zoning provisions of the Municipal Code with respect to these particular lots, the zoning of which has been outlined above. For the reasons stated above, it is the contention of the Applicant that this particular division of land is not within the intent and purposes of Chapter 20 of the Municipal Code of the City of Aspen and therefore that exemption from the definition of subdivision under the provisions of Section 20-19(b) of the Code is appropriate. The Applicant would appreciate consideration of this application by the Planning Commission at its next regularly scheduled meeting. Dated: January 4, 1977. For the Applicant: SLEMON, MAZZA & LaSALLE, P.C. By �— -.;-Joln n. LaSa e -2- CITY � ASPEN 130 south; alena street aspen, co lorado, ' 81611 MEMORANDUM TO: Clayton Meyring FROM: Mick Mahoney DATE: February 23, 1977 RE: Property Owned by C. M. (Butch) Clark Please be advised that I accept the value of Lots R & S on the corner at $53,000 and Lots P & Q at $50,000. Please calculate the park dedication fee accordingly. Thank you. PSM/pm cc: Hal Clark :7 MEMO TO: Aspen P&Z Commission FROM: Planning Staff RE: Subdivision Exemption - C. M. Clark --Two parcel subdivision DATE: January 28, 1977 This is a request for subdivision exemption by C. M. Clark to allow the splitting of a four lot parcel held in one ownership i.e., Lots P,Q,R and S, Block 28, into two separate parcels, i.e., Lots P and Q, and Lots R and S. The property is zoned R-6. Lots R and S are developed with a single- family dwelling; Lots P and Q contain a small shed and a large (35') spruce tree which dominates the site. The comments of the Planning Office are as follow: 1. Demolition of the spruce tree could violate the City tree ordinance. We feel the applicant should present evidence as to their ability of protect the existing tree from dam- age or destruction. 2. We recommend approval of the subdivision exemption of the above concern and payment of the park dedication fee. HC/mw APPLICATION FOR EXEMPTION FROM THE DEFINITION OF A SUBDIVISION UNDER SECTION 20-19(b) OF THE MUNICIPAL CODE OF THE CITY OF ASPEN Pursuant to subsection (b) of Section 20-19 of the Municipal Code of the City of Aspen, C. M. CLARK (herein- after referred to as "Applicant") hereby applies for an exemp- tion from the definition of the term "Subdivision" with respect to the division of certain real property described as: LOTS P, Q, R and S, BLOCK 28 City and Townsite of Aspen, Pitkin County, Colorado into two separate parcels; Lots P and Q would be one parcel and Lots R and S would be the other. The Applicant, by virtue of a contract of sale dated October 15, 1976 will become the owner of Lots P, 0, R and S in Block 28, on January 15, 1977. Lots R and S currently have improvements situated on them, consisting of a single family dwelling and an unattached garage structure; Lots P and Q are unimproved except for a small, one-story wood frame shed which is located at the Northerly end of the two lots, abutting the alley between Hallam and Francis Streets (an improvement survey is attached to this application). The pur- pose of this application is to obtain an exemption from the term subdivision so that the two improved lots (R and S) and the two unimproved lots (P and Q) can be treated as separate parcels for the purposes of resale and/or (in the case of the unimproved lots) construction of such improvements as are contemplated and permitted by the zoning provisions of the Municipal Code. The current zoning of the property in question is R-6, requiring 6,000 square feet for minimum lot area and permitting the construction of one or two family dwellings. As can be seen from the improvement survey submitted with this application, unimproved lots P and Q and improved lots R and S conform to the requirements for minimum lot area and permit- ted improvements. The Applicant submits that the exemption would be appropriate in this case for the following reasons: (1) The division of this property into parcels consisting of lots P and Q on one hand and R and S on the other, is not within the intent and purpose of Chapter 20 of the Muni- cipal Code regarding the regulation of subdivision because the property in question is located within the original Townsite of Aspen and all streets, utilities, access easements, storm drainage and other subdivision design considerations have already been complied with. (2) The division of these particular four lots into two, two lot parcels conforms to the density considerations of recently enacted land use legislation as reflected in the zoning provisions of the Municipal Code with respect to these particular lots, the zoning of which has been outlined above. For the reasons stated above, it is the contention of the Applicant that this particular division of land is not within the intent and purposes of Chapter 20 of the Municipal Code of the City of Aspen and therefore that exemption from the definition of subdivision under the provisions of Section 20-19(b) of the Code is appropriate. The Applicant would appreciate consideration of this application by the Planning Commission at its next regularly scheduled meeting. Dated: January 4, 1977. For the Applicant: SLEMON, MAZZA & LaSALLE, P.C. By % �%. o n D. LaSalle -2 �% 0 I�1 yii�7��1i��1 TO: DAVE ELLIS FROM: PLANNING STAFF (HC) RE: SUBDIVISION EXEMPTION; C.M. CLARK TWO PARCEL SUBDIVISION DATE: JANUARY 10, 1977 This is a request by C.M.`.Clark for subdivision exemption to allow the splitting of a four lot parcel held in one ownership i.e., Lots P, Q, R, and S, Block 28, into two separate parcels, i.e. lots P and Q and Lots R and S. Lots R and S are developed with a single-family dwelling; lots P and Q contain only a small shed. Attached for your review is the written application and an improvement survey. We will schedule the review before the Planning Commission upon receipt of your comments. 1 REBAR W/ PLASTIC L.S. 12707 SET REBAR W/PLAS - L. S. 12707 i HALLAM ALLEY SET REBAR�W/ P7LASTIC CAP STREET SET RFBAR W/PLASTIC CAP )7 JMENT IMPROVEMENT SURVEY SOTS R Q, R � S BLOCK 2.8 CITY OF ASPEN N _ ------ 0 5 10 20 30 40 50 SCALE I" = 10' BASIS OF BEARING: FOUND CITY MONUMENTS AT S.E. CO,RNF�R OF BLOCK 28 AND THE N.E. CORNER OF BLOCK 28, N 14° 50 49' E SURVEYOR'S CERTIFICATE I, JOHN F BEISCHEL, HEREBY CERTIFYTHAT ON SEPTEMBER 30y,1976 A SURVEY WAS MADE UNDER MY SUPERVISION OF LOTS P O, R AND S, C�LOCk 28, CITY OF ASPEN, ASPEN, COLORADO. THE THREE STkUCTURES WERE FOUND TO CBE LOCATED AS SHOWN HEREON. THE LOCATION AND DIMENSIONS OF ALL BUILDINGS, IMPROVEMENTS, EASEMENTS, RIGHTS- OF- WAY IN EVIDENCE OR KNOWN TO ME AND ENCROACHMENTS BY OR ON THESE PREMISES ARE ACCURATELY SHOWN. ,t E TRI-CO MANAGEMENT, INC. OCTOBER 15, 1976 FIN F. BEISCHEL L.S. 1270 5. a VL E c 'E tp NG/NR c CQO OLORR t 7&- ICa5