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HomeMy WebLinkAboutcoa.lu.ex.C.M. ClarkLotsP-S,Blk28.1977 Recorded 1005 AM June 6, 1977 Ju1'ie Hane gOOK 329 PAGE 925 13J308 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, Rand S, Block 28, City and Townsite of Aspen, Pitkin County, Colorado, and; WHEREAS, lots Rand 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-l9(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 Rand 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 i~provements 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 condi tions , - -- 800K 329 P.\Gt 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 Rand 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 Rand 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 ~ .$ /9 7 '7 / ey, III ~ ~ -2- ~ - . '. BOOK329 PAGt92'7 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. . . '\ '\...".::..:'i J', >. ". . . ,~ ",\'\ . '. I'~ : ,"-"< "C.--'~ ~) J Iht<./ZL/ Kat ryn . Haut'er '.j . . , . , . . :, '...." ,..J .~ .\. .' _J . " <,;_..'" , ! <:, Ii .~ STATE OF COLORADO ) ) ss. ) County of Pitkin The foregoing was acknowledged before me this 1_..0 day of 0---. , 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. ';) ", . \'\'c" ~,I ~ ':("::'.' "II~, ' '. /"""~I .' <'~"-':" 'i -.',~ i"). ~~. \\ '" ,t .. I /If' : ~ ~ My commis s ion expires: "-N- 71 , ~. "." ';j , " ... /J., f -_ ; \, '\ . " u ,', ._', v ""/ ".\ - - .r) "". r. '." , . r .' Or cC',\.'j ~bj'~ fI1.~ Nota~ Pu ic . -3- ......;.., DAVID R. SLEMON ANTHONY J. MAZZA JOHN D. LASALLE SLEMON, MAZZA & LASALLE, P G ATTORNEYS AT LAW 434 EAST COOPED AVENUE POST OFFICE Box 3219 ASPEN, COLORADO 81Gll AUEA CODE 303 TELEPHONE 925-2043 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: 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 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. ,)l~S"d2 Jt,hn D. LaSalle C/ /for SLEMON, MAZ ZA & LaSALLE, P. C. JDL:dr JI!~ ~kG,~ Philip J. C? , \/lA&- lv-. Mahoney '-- DAVID R SLEMON ANTHONY J. MAZZA JOHN D. LASALLE SLEMON, MAZZA & LASALLE, P C. AT TORNEYS AT LAW 434 EAST COOPER AVENUE POST OFFICE Box 3219 ASPEN, COLORADO 81<311 AREA CODE 303 TELEPHONE 92~-2043 Hay 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: 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 5, Block 28). By memorandum directed to Clayton Heyring, 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 SLEMON, MAZZA & LASALLE, P C. ATTORNEYS AT LAW Mr. William G. Kane May 24, 1977 Page Two so indicate by sigoing the bottom of this letter in the space provided. Thank you for your cooperation in this matter. Very tr.. uly )"ours, / ;}' (' j/ . AV '. /\ / <fit.- i)-A / J6hn D. LaSalle I for SLEMOll, MAZ ZA & LaSALLE, P. C. V 1 JDL:dr ..~ W lam~ Philip J. Mahoney HEMORANDUM 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 Rand S. The property is zoned R-6. Lots Rand 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 Rand S. The Planning Office recommends approval of the exemption sub- ject to the P&Z conditions. T 'vision dedication fee for the developed lot Rand S is 3 846.3 (4 x .0025 x 43,560 x $8.83). This item is located be een 4th and 5th on Hallam Street. Lots P and Q are payment should be at the time of building lJekr 11 '8y".1S" ~ "'" 1"1'),,"1/, I, '71 Z, ,,2- #2)'073.7 S f1~Nl d,.,e / .f:.-. I?t'c td ~~w,. e~. .)? Yh7 /k. ~/d 3m/. IMPROVEMENT AMT OF TAXES ON )'~? ___YJ:,1JL_.-i-~AND _y:A_LUJL.__-3ALUE __ CITY AULL-1J<:.Y:Y :,}1I!".~QY;E:~_PI2-=--.1'9_J2.L~~_~_ 1888 ;i 2'P.CP '/.Jo.~o 50,00 1889 -35J.t:Jo //2t:J. tJo " ,~5'.t2. Po i " 1890 1891 1892 1893 1894 1895 1896 1897 1898 1899 1900 1901 .1902 1903 . 1904 1905 1906 1907 1908 ' ;1909 1910 1911 1912 1913 1914 1915 II 1916 II 'i 'I I, , I , 1919 I 192~-ll I 1917 1918 ,I ,1- " " Uo" LJQ' ,1 (IV il 11 " :1 :1 " ,i :i I /, - "d / ,.;' ~.;;>tJ. <1J1 c:. tJ Of} PC) co ";;;;V.oo II I' ,I t? .$"cJ. (Ie) ~-cJ, co .5?" $0 ~O.O ,51,5'0 -~~ .50, 0 ,... ~tZ..~O - 5t!.LM ..::>0. 00 .so,~o 11.150 ro .JS:tJ~ .5C7 0 '1,Jj ...fO ,j~O &I. f,SO ;;.ti S2J .i~.~: .., ':."-; ,--L' tl ~! tJ, ~tJ.._ ~tJ. ~tJ ~01 0(,) IJ .. cJ (!?tJ ~'h? . ?JC '/ () 110 ,;';:35'. C) p ,50.00 ~tJo 550 175' -fit) ,,:JtJ i.tJfJ /,?'e;J 0 .$'-,Ck') .' Ct:J -- ..;}o '5. ~p '5 /;~ '3.5: NJ () 8'5. Po /3. ""..PP- j75~ '.35'. OJ!) - /,j~. 00 1:"it2, 0 (Z /.5/J, t/() .:3 () Of) /5~ ACJ o CC' /.:fl:.;a;> .;?30. ~~__ /.5c, cJp .:!$tJ, t'~ ~o C)() /,;(0. 110 1922-~J h :0, 00 1923 l~ .. ,t _./o7.P. ,1>t>., 1921 ,I "'.. :...,{. Vl ....0-. ~/ So .J.;7t1. PC ..J::2tJ, t/CJ cO~ _:gf'~~Q___._.$t2.t'!L1 ,;5.:?tJ.oo ..$'O.CJO , YEAR . :i I' 1924 " 1925 11 1926 II ~--192~--i 1928 1929 1930 1931 1932 1933 1934 1935 1936 1937 1938 1939 1940 1941 1942 1943 1944 1945 1946 1947 1948 1949 1950 , I !I ,i I ~ I! 1953 il j 1954 I ,--- 19~5 - il 1951 1952 ~..,....~",.,..". . .,,', - "LAND VALUE 'd! tJ, .t1t:' /C:<.t1. .co / ...1"", .c~ /.;0.c~, /.;<b. tJ tJ /.217. tJ~ tJ .Pt> IJ,lfj IJ,N t1, i7,? '/J. .1&1 t1 pt) -;::; ~Q tJ, tJt:J /. ~ iJJiJJ ~.1 .1iJJ ~""', tJ.& /"","Jt:/. eYe _'j" tJ/J. tJo .sc,f, ,tlO S,c;'(J~o ,. IMPROVEMENT AMT OF TAXES VALUE CITY MILL LEV ON IMPROVES PAID TO CITY .5,,1,:;> .&P ';;;;>..J. ~'C dc~. C'C dtJtJ.,: 0 d?IJC.~c .;?LJi1, c,tl .:? It7 <1. h' /tJP.t1p ~-. tt) '5',(7() r.5~tI 7.5. tJ'" /1..0. &'() & &' tJp c:? PC' t5(t?tJ Pt', i ~ ~ I ~Pt1 tJ :1 titJ, t ~ &;piJ. ~~~ ptJ :ttJ,tJt? i I tJ ; Jbtl, 0tJ .s. t1. t1 Co' $6&1. tf C) ~ tJ7I.1. N ,;? t? 7"11. eJ tJ ~tl-1"'/ t1~) ! 0< t'?,,~ lIP&' c:JcJ.ytl. M ;lq~tJ.co i 2.3:2,1. t/tJ I I ; ';<:3.5(0. O&J ; I I tJ. i 1 JO.oo &:00 ..so. 00 I /(), M '-L,.O(L! LaM , /;"0.0<) ! /tJ.OtJ I So. dcJi //1 M I .".. ;0; .50 , -1..3.00 i , f.o.oo I -'ld. 017 ! ! .00 I () L/, 315" .:J. '5'. ,23 . .y.z; i 7'7: tJ.::> ' 7".3.0.::> ., : ~.Oo . 9t:() !.tt1 firJ 160 ,'60 .11/ ,1tj ./ .~,1. ,J:U /...1.s:u /:3.52/ 31.t? Jitf! ::J.tlO I .y..J.~ j ~ ..J~ tJc;J $~do /~tio /Z OtJ /f co /9,&0 /9,,170 I I /9#0 i 1 , /lIe; I i /~nJ ! .. _ m _ . I. 3v ,-rt . , /0, J,f 1& Sf! 1/' -lid? -!itJP /fIt! ~ -_.~..,~.. \ TOTAL /J . . .' .,f lillMORANDUM 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 o_vnership i.e., Lots P,Q,R and S, Block 28, into two separate parcels, i.e., Lots P and Q, and Lots Rand S. The property is zoned R-6. Lots Rand S are developed with a single-fam~ly 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 Rand S. The Planning Office recommends approval of the exemption sub- ject to the P&Z conditions. The subdivision dedication fee for the developed lot Rand 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-l9(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, Rand 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 Rand S would be the other. The Applicant, by virtue of a contract of sale dated October 15, 1~76 will become the owner of Lots P, Q, Rand S in Block 28, on January 15, 1977. Lots Rand 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 secn from thc improvcment survey submitted with this ,'" ~.., application, unimproved lots P and Q and improved lots Rand 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 Rand 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. (4) 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-l9(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'~' //l ;-'j:) P I By. tfvv, L-/' Ld~ --.-;,John D. LaSa , , \. -2- ( . . . '1 ~ CITY OF ASPEN 130 southaulena street o ' ~spen, colorado, ~ 81611 ....~...c .. .~./ -v.'.,... ,,...,..,-.- MEMORANDUM . TO: FROM: Clayton Meyring Mick Mahoney DATE: February 23, 1977 RE: Property Owned by C. M. (Butch) Clark Please be advised that I accept the value of Lots n & 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 rQi~ I . 'O~>'" ursr J-;i.J ~ ~~ 1 l~o5 r' . Co;;:; ~" () >t.(J /2-0 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 Rand S. The property is zoned R-6. Lots Rand 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 ot 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-l9(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, Rand 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 Rand 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, Q, Rand S in Block 28, on January 15, 1977. Lots Rand 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 '- I"" - application, unimproved lots P and Q and improved lots Rand 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 Rand 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-l9(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, By , I ... V -2- MEMORANDUM 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 Rand S. Lots Rand 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.