HomeMy WebLinkAboutcoa.lu.ex.LotsA-I,Blk2.1975
Recorded at 9:55 A.M.
Reception No.
lS1~09
Jan. 23, 1976
Julie Hane, R~-order
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RESTRICTIVE COVENANT
WHEREAS, the undersigned, QONNELLEY ERDMAN, is the owner
of the following described land located in Pitkin County, Colorado,
-'co wit:
Lots A, B, C, D, E, P, G, E & I of
Block 2, City and Townsite of Aspen,
Colorado, and
WHEREAS, the Aspen City Council, at its meeting held
Monday, September 22, 1975, did grant an exemption from the definition
of subdivision for the parceling of said land into four (4) ,omesites,
which exemption was given after recommendation of the Aspen Planning
and Zoning Commission and pursuant to the provisions of Section 20-19
of the Aspen Municipal Code, and
WHEREAS, such exemption was granted on condition of the pay-
ment by the owner of the appropriate subdivision open space dedication
fee calculated pursuant to Section 20-18, and
WHEREAS, there has been received in satisfaction of such
requirement the sum of Nine Thousand Five Hundred Eighty-Three and
20/100 ($9,583.20) Dollars predicated upon the development of four
(4) dwelling units, and
WHEREAS, it now appears that there will be constructed, in
fact, no more than three (3) single family homes on the above describ-
ed property and that a rebate to the owner in the amount of Two
Thousand Three Hundred Ninety-Five and 80/100 ($2,395.JO) Dollars is
appropriate, and
WHEREAS, the City wishes to insure against further develop-
"'ent without pa.yment of additional dedication fees in the future,
THEREFORE, in consideration of the rebate to him of Two
Thousand Three Hundred Ninety-Five and 80/100 ($2,395.80) Dollars,
receipt of which is hereby acknowledged, the undersigned, DONNELLEY
ERDMAN, does hereby covenant and agree that no more than three (3)
single family residences will be constructed on the above described
lands without the payment of additional appropriate subdivision
dedication fees, and
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FURTHER, that this limitation shall be deemed a covenant
running with this land, and shall bind and be enforceable against
the undersigned, his heirs, assigns, and successors in interest.
Date:
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s:/' DO NELL Y 6MAN ~<
THE CITY OF ASPEN, COLORADO
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CITY CLERK
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STAC~ANOLEY "', MAYOR
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STATE OF COLORADO )
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COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me by
DONNELLEY ERDMAN, this 194iday of
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, 1976.
Witness
my hand and official seal.
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My Commission expires:
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STATE OF COLORADO )
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The foregoing instrument was acknowledged before me by
STACY STANDLEY III and KATHRYN s. :iAUTER, Mayor and City Clerk,
respectively,
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of the City of Aspen, Colorado, this ,;~(:di:Sl,,~y;: oJ'
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, 1976. Witness my hand andoffi:bia1'~~'ii4;'
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My Commission expires:
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Recorded at
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Recepti
Oct. 15, 1975=
Julie Hane, Recorder
aoCil~YJ r'~:l96
STATEMENT OF EXEMPTION
FROM THE DEFINITION OF SUBDIVISION
WHEREAS, Section 20-19 of the Aspen Municipal Code pro-
vides that following receipt of a recommendation from the Planning
Commission, ,the City Council may exempt a particular division of
land from the definition of a subdivision when, in the judgment of
the City Council, such division of land is not within the intents
and purposes of the subdivision regulation, and
WHEREAS, DONNELLEY ERD~ffiN has made application for
exemption under the above described provision for the parceling
into separate homesites of the following described tract of land
located within Pitkin County, to wit:
~ots A, 3, C, D, E, F, G, II and I of
Block 2, City and Townsite of Aspen, and
WHEREAS, the Planning Commission has approved such
application and recommended the grant of exemption to the Aspen
City Council, ~nQ
WHEREAS, on review, the City Council has determined that
the proposed division of land is without the intents and purposes
of Section 20-1 et seq, of the Aspen Municipal Code (subdivision
regulations) except those provisions requiring dedication of land
(or cash in lieu thereof) for the purpose of providing park and
open space lands, and
MiEREAS, :he City Council wishes to grant an exemption
from the definition of subdivision and excuse the applicant from
compliance with the subdivision requirements of the City, but do
so only on condition that a cash dedication be made all as required
by Section 20-18 of the Municipal Code, and
:!HEREAS, 00NNELLEY ERDMAN is agreeable to this condition
and further agrees that for purposes of calculating the mandatory
cash payment that the current market value of the undeveloped land
hereinabove described is Five and 50/100 ($5.50) Dollars a square
foot,
BocK3r~1 i',\~:197
THEREFORE, the City Council, pursuant to action taken
at its regular meeting held Monday, September 22, 1975, does here-
by grant an exemption from the definition of subdivision to the
parceling of Lots A through I of Block 2, City of Aspen, by
Donnelley Erdman for the creation of separate homesites, all as
hereinabove described, and by such grant of exemption does excuse
compliance with the subdivision requirements of the City of Aspen.
PROVIDED, however, that such grant of exemption is
conditioned on receipt by the City of Aspen of the appropriate
subdivision dedication fee as follows:
1. A minimum fee of Nine Thousand Five Hundred
Eighty-Three and 20/100 ($9,583.20) Dollars, payable
on execution of this Statement of Exemption (receipt
of which is hereby acknowledged), which amount is
premised on the division of the property into four
homesites.
2. The additional sum of Two Thousand Three
Hundred Ninety-Five and 80/100 ($2,395.30) Dollars
in the event, and at the time, that there shall be
constructed on any separate homesite an additional
dwelling unit (for a total of five).
PROVIDED, further, that such commitment to pay a dedication
fee shall be binding upon Donnelley Erdman, his heirs, successors
and assigns, and shall be deemed a covenant running with the land,
shall burden the premises hereinabove described, and shall bind,
and be enforceable in law or in equity against all subsequent
owners of the premises, including Donnelley Erdman, his heirs,
personal representatives, successors in interest and <;,~igns.
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I, KATHRYN S. HAUTER, duly
apfinted
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III, MAYOR'
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City-Clerk P- the
Dated:
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-::iACY s?'ANDLEY
City of Aspen, do hereby certify that the foregoing conditional
aocj(~:.'1 r.'~:198
grant of exemption from the definition of subdivision was granted
by the Aspen City Council by motion duly made, seconded and approved
af its regular meeting held Monday, September 22, 1975.
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KATHRYN,
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CITY CLERK
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STATE OF COLORADO )
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COUNTY OF PITKIN )
The foregoing was acknowledged before me this /s'- day
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of ,___~[lr~;~~-z.-
, 1975, by STACY STANDLEY III and KATHRYN S.
HAUTER, Mayor and City Clerk, respectively, of the City of Aspen,
Colorado. Nitness my hand and official seal.
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My Commission expires~.&/"".v/ /977
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ern';' CL/\rn C()[:V!';C'l'l()N !; :T)
c'HIS DEED, made this
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day of' ,.
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, 1975,
'('tv/',en ST1\CY S"'ANDLEY III, ~Jw \~:lyor of: the CITY OF l\SPEN, and the
CITY OF ASPEN, acting through its Mayor, STACY STANDLEY III, of the
county of Pitkin, State of colorado, of the first part, and DONNELLEY
ERDMAN, of the County of pitkin and State of Colorado of the second
part, ,nTNESSETH:
WHEREAS, Walter Paepcke did by deed dated March 26, 1955,
recorded in Book 185 at Page 114 of the records of the Clerk and
Recorder of pitkin County, Colorado, convey to the city of Aspen the
northeast corner of Lot "G", Block 2 of the City and Townsite of Aspen,
consisting of a roadway within said City, and
WHEREAS, it appears by all available evidence that such deed
was intended to convey the northeast corner of Lot I, but that a dis-
crepancy in description and/or earlier mapping resulted in the use of
the letter "G" for "I", and
WHEREAS, Donnelley Erdman is the successor in interest to
Walter Paepcke who has requested of the City of Aspen that it quit
claim to him any interest it may have received by virtue of the 1955
conveyance, and the City Council by action taken at its regular meeting
held", .~.
,~,)~ 1975, 'las determined that such action is appropriate.
NOW, THEREFORE, the said parites of the first part, for and
in consideration of the sum of TEN ($10.00) DOLLARS, to the parties
in hand paid by the said second party, the receipt whereof is hereby
confessed and acknowledged, do remise, ~elease, sell, convey and quit
claim to said second party, his heirs 'and assigns foreover, 0.11 the
right, title, interest, claim and demand which the said first parties
have in and to Lot G, Block 2, City and Townsite of Aspen, Pitkin
County, Colorado, by virtue of that certain deed from Walter Paepcke
to the City of Aspen dated March 26, 1955, and recorded in Book 186
ill I'd'JC 114 o[ Uk' J'<'cords of the pit}; en County Clerk and Recorder.
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To have and to hold the same, together with all and singular,
the appuretnances of privileges thereunto belonging, or in anywise
thereunto appertaining, and all the estate, right, title, interest and
claim whatsoever, of the first parties, their heirs and assigns for-
ever.
IN WITNESS WHEREOF, the said Mayor has hereunto set his hand
and seal and the City of Aspen has caused its name to be hereunto affix-
ed, attested by its Clerk, the day and year,above first written.
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KATHRYN f UTER,'-
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HITNESS my hand and official seal.
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My Commission expires: ",,(}.,'.~-V-:'~ /
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Notary Public
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COUNTY OF PITKIN
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Irv-if"""'I;:C""-"" ~ \.c-~bj?--r./ , a Notary Public in and for said
Pitkin County, in the tate aforesaid, (~o hereby certify that STACY
STANDLEY III and KATHRYN HAUTER, who are personally known to me to be
the same persons whose names are subscribed to the foregoing Deed as
having executed the same respectively as Mayor and Clerk of the city of
Aspen, a municipal corporation, and are known to me to be such officers
respectively appeared before me this day in person, ~nd severally acknow-
ledged; 'chat the seal affixed to the foregoing instrument is the corpor-
ate seal of said corporation; that said seal was thereunto affixed by
the authority of the City Council of the City of Aspen; that said instru-
nent was by like authority subscribed with its corporate name; that the
said STACY STANDLEY III is the Mayor and the said KATHRYN HAUTER is the
Clerk of the City Df Aspen, that by authority of said City they respectiv-
ely subscribed their names thereto as Mayor and Clerk, and that they
signed, scaled and delivered the said instrument of writing as their
free and voluntary act and deed, and as the free and voluntary act and
deed of the said City for the uses and purposes therein set forth.
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Given under my hand and notari'll seal, this /v - day of
, 1975.
'ry commi:~si()n (~xpi_r(~s:
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PErITICX:<l
The undersigned residents of Aspen desire to strenuously
express their objection to the nature of the development that has
taken place on the Erdman Subdivision and request that the City
Council refrain from granting Donelly Erdman any further concessions
until such time as Mr. Erdman will agree to conditions which will
better accomodate the impact that the development creates in the
neighborhood.
Further, in light of the problems raised by the Erdman
Subdivision, the undersigned request that City Council restrict
use of all existing R-6 Lots to single family detached dwellings
and t~at City Council create no new R-6 zones in the old West End.
Finally, any proposed development of R-6 Lots in this
area should require maximum neighborhood input.
NAME
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,t\SPEN
130soul
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.''.(io 81611
MEMORANDUM
DATE: October 9, 1975
TO: Hembers of City Council
FRo~sandra M. Stuller
RE:
Status o~ ~dman Re~uest for Exemption
from Defin~t~on of ubdivision
For your information let me advise you that
Don Erdman, who at your last meeting requested an exemption
to parcel the nine lots of Block 2, has decided to go along
with the requirement that he pay an appropriate dedication
fee. The terms of the arrangement are itemized in the attach-
ed Statement of Exemption.
SS/pk
Attachment
cc: ~. Hahoney
D. Ellis
B. Kane L
MEMORANDUM
FROM:
September 26, 1975
Mick Mahoney ~
Bill Kane V
Sandra M. Stuller
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DATE:
TO:
RE:
Erdman Exemption foom Subdivision
Attached is a proposed Statement from ~he defini~ion
of Subdivision for the Paepcke/Erdman development. It incorpor-
ates the agreed to subdivision dedication fee and method of pay-
ment. I will have Stacy siqn the statement on Monday, if I
hear no objeotion.
SS/pk
Attachment
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SPEN
CITY I
130 so
aspen,
s t re e t
81611
MEMORANDUM
DATE: September 26, 1975
TO: " Bill Kane
Don Erdman
FROM: Hick Mahoney ~~ vv--
In a meeting this morning with Brian Goodheim, myself
and Don Erdman we discussed park dedication requirements as per
Council's decision of September 22nd.
We are in agreement that the market value of the
North one-half, Block 2, City of Aspen, commonly called the
Erdman Subdivision, is $5.50 a square foot. Mr. Erdman provided
us with a square footage of 27,211. We used four single families
as a number of dwelling units for our calculations, which gives
us sixteen residents. This translates at the rate of .0025"acres
per person to ~0~4 of an acre which is 1,742.4 square feet. The
result is$,583.20 as a park dedication fee.
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If there are five units the dedication fee will be
$11,979.00.
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CITY I
SPEN
130 so
aspen,
street
81611
MEMORANDUM
DATE: September 17, 1975
TO: Members of City Council
FROM~)sandra M. Stuller
RE: Erdman Exemption from Definition
of Subdivision Regulation
Reference is made to the material in this packet con-
cerning the proposed exchange of deeds to correct the title de-
fect on the Erdman property in Block 2. Counsel for Erdman will
be present on Monday to request for Erdman an exemption from
the definition of subdivision for the parceling of Lots A through
I into three home sites for the construction of single family and
duplex residences.
P & Z recommended the exemption at their meeting Tuesday,
September 16th. I was not at that meeting so I cannot recount the
substance of their discussion leading to the grant of exemption.
It appears that there are no engineering concerns of interest to
David and he does not object to the exemption. I bring to your
attention the fact that exemption relieves Erdman of paying any
dedication fees. Section 20-18(a) (5) reads as follows:
"(5) Nothing herein to the contrary notwithstanding,
the dedication requirements of Section 20-18(a) (1)
shall not be imposed in the event of the construction
or condominiumization of a single duplex, tri-plex or
four-plex structures."
Erdman argues that the houses will be constructed over a period of
time and he should benefit from the intent of this section.
A proposed statement of exemption is attached for your
consideration.
SS/pk
Attachments
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130 so
aspen,
SPEN
street
81611
HEMORANDUM
DATE: September 15, 1975
TO: Members of City Council
FROM: Sandra M. Stuller
RE: Attached Proposed Change of Deeds
Counsel on behalf of Don Erdman has requested your con-
sideration of an exchange of deeds between the City and Erdman to
correct a title defect. More particularly:
Mr. Erdman wishes to purchase (and develop)Lots A through
I of Block 2 within the City (see attached map) from the Paepcke
Estate. However, the title insurance shows that there is a 1955
deed from the Paepckes to the City conveying the northeast corner
of Lot "G" for a roadway. It was the intention of the conveyance to
convey the northeast corner of Lot I. The discrepancy occurs be-
cause the Willets Map, for reasons unknown, shows the eastern most
lot as "(g)", therefore, showing two Lot "g's" in the block. llhat
has been suggested is that the City reconvey to Erdman its interest
in this Lot "g" on receipt of a like conveyance from Erdman of a
deed conveying the interest in Lot I corresponding to the roadway.
Instruments to accomplish this are attached. Engineering and Plan-
ning support the conveyance.
SS/pk
Attachment
ASPEN/PITKIN PLANNING DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Planning Staff (HC)
RE: Erdman Subdivision Exemption
DATE: September II, 1975
This is a request made on behalf of Don Erdman pursuant to Section
20-19(a) of the City of Aspen Subdivision Re9ulations for an exemption
from the definition of the term "Subdivision". Mr. Erdman contemplates
"dividing ownership" of his property by construction for sale of two
duplex units on six (6) of the nine (9) lots and asemble family
detached structure on the remaining three (3) lots. The property
is zoned R-6. (See attached letter of application)
The Planning Office recommends granting the request. The City Attorney,
Sandy Stuller, will be present at the Planning and Zoning meeting
to comment on the application.
ASPEN/PITKIN PLANNING DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
MEMORANDUM
TO: Aspen Planning and Zoning Commissioner
FROM: Planning Staff (HC)
RE: Erdman Subdivision Exemption
DATE: September 11, 1975
This is a request made on behalf of Don Erdman pursuant to Section
20-19(a) of the City of Aspen Subdivision Regulations for an exemption
from the definition of the tenn "Subdivision". Mr. Erdman contemplates
"dividing ownership" of his property by construction for sale of two
duplex units on six (6) of the nine (9) lots and asemble family
detached structure on tee remaining three (3) lots. The property
is zoned R-6. (See attached letter of application)
The Planning Office recommends granting the request. The City Attorney,
Sandy Stuller, will be present at the Planning and Zoning meeting
to comment on the application.
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HOLLAND & HART
ATTORN EYS AT LAW
500 EOUITABLE BUILDING
JOSIAH G,HOLLAND
STEPHEHH.HART
JOHN L.J.HART
WilLIAM a,EMBREE,JR.
JAMES L.WHIT(
PATRICK M.WE$rFELOT
CLAUDE "'.MAER,JR.
ROBERT P. DAVISON
JOHN FLEMING KELLY
FRANK H."'CRISON
WilliAM C.McCLEARN
JAY W.TRACEV,JR.
JOHN ALLEN MOORE
BEN E,CHIDLAW
JAMES E:.HEGARTY
FIELD C. BENTON
DAVID BUTLER
J,MICHAELFARLEY
WARREN L.TOMLINSON
BRUCET.BUELL
DON D, ETTER
JAt.1ES T. MORAN
HARRY L.1-I0650N
KENNETH D. HUBBARD
ROBERT L.VER SCHURE
GOROON G,GREINER
ROBERT H.OURHAM,JR
WILLIAM E.MURANE
LWILLIAM SCHMIDT,JR
JAMES P.LINOSAY
EDWIN 5."'''HN
SAMUEL P.GUYTON
JOHN S.CASTELLAND
DENNIS "'.JACKSON
ROBERT E. BENSON
RICHARO M.KOON
CHARLES T. BRANDT
ROBERT T,CONNERY
HARAOON BEATTY
ARTHURC.DAllY
JEFFREY C.PONO
JOHN UNOEM CARLSON
730 SEVENTEENTH STREET
RANDY l.PARCEl
O....VIO G. PALMER
MICI-J....El 0, MARTIN
aRUCE:W.SATTlER
RAUL N,ROORIGUEZ
JACKL.SIolITH
JOHN O.COOlolaE
EUGENEf,Iolc:GUIRE:
SOLOMON N.SARON
THOMAS A.FAUlKNER
ROBERTJ,IolOIR
MARK R. LEVY
R. BROOKE JA,CKSON
P....Ul T. RUTTUIol
BRITTON WHITE,JR.
WilEY E,MAYNE,JR.
RICHARD T.CASSON
GREGORY.....EURICH
DENVER,COLORADO 80202
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
September 10, 1975
HAND DELIVERY
Jack Jenkins, Chairman
City of Aspen Planning
& Zoning Commission
130 S. Galena
Aspen, Colorado 81611
Re:
Lots A through I,
City and Townsite
Exemption
inclusive,
of Aspen -
Block 2,
Subdivision
Dear Mr. Jenkins:
CHRISTOPHER N. SOMMER
EOWA,RD M.GllES
aRITT CA,ROL A,NDERSON
ALAN E. BOlE:S,JR
GERA,LD W.GRANDEY
STEPHENL,PEPPER
THERESA W. DORSEY
KENDALL T.SANfORD
THOMAS E.GEBOW
JANE MICHAELS TA,LE:SNICK
S,WYATY M<:CA,lLlE
L.TYRONE HOLT
WllLIA,,,, M. SURKE
JUERET.... p, SMITH
....RTHUR B. fERGUSON,JR
JA,MES E. HA,RTLEY
JAMES E, BOICOURT
Request is hereby made on behalf of Mr. Don Erdman under
Section 20-19(a) of the Aspen, Colorado, Subdivision Regulations,
for an exemption from the definition of the term "Subdivision"
with respect to the above-referenced property. The request
for an exemption is necessitated by Mr. Erdman's contemplated
construction of two duplex units on 6 of the 9 lots and one
single family detached structure on the remaining 3 lots. The
two duplex units will be conveyed with the property upon which
they will be situated and the single family dwelling retained
by the applicant as his private residence. Accompanying this
application for exemption is a survey prepared by Tri-Co Management
Company showing the nine lots, together with a check covering
the application fee of $50.00.
It is submitted that the contemplated division described
above is not within the intent and purposes of the Subdivision
Regulations (Section 20-2) for the following reasons:
(1) The property in question is comprised of existing
platted City and Townsite lots, platted pursuant
to the United States Townsite Patent;
(2)
All utilities (sewer, water,
and natural gas lines) abutt
electrical, telephone
or are adjacent to the
lots;
-
-
,
'" HOLLAND &HART
Mr. Jack Jenkins
Page Two
September 10, 1975
(3) Access is available from two City streets (North
and Eighth Streets); and
(4) To require the applicant to comply with the City of
Aspen Subdivision Regulations to "subdivide" or "re-
subdivide" the existing City lots would deprive the
applicant of the reasonable use of his land as has
been enjoyed by other owners of City lots.
Request is also made for an exception from the strict appli-
cation of the provisions of the City of Aspen's subdivision
regulations dealing with land dedication or the payment of a fee
in lieu thereof. It is submitted that the criteria for exception
set forth under Section 20-19(a) (1) through (3) has been met
in that the property owners of similarly platted lots and blocks
in the City and Townsite of Aspen have not previously been
required to make such dedications or payments when the contem-
plated development has been single family housing. To require
the same of the applicant would violate the precedent set hereto-
fore.
Further, subsection (5) of Section 20-18(2), Public Dedi-
cations and Easements, provides that no dedication requirement
of this section shall be imposed on the construction of a duplex.
This section is quoted as follows:
"Nothing herein to the contrary notwithstanding
the dedication requirements of Section 20-18(a) (1)
shall not be imposed in the event of the construction
or condominiumization of a single duplex, tri-
plex or four-plex structure."
The construction of two duplexes by the applicant should
come within this provision for they will not be constructed at
the same time (one will be built one year and the other two
at some subsequent date).
Very tzul)' YO~J
~~~
Charles T. Brandt
for HOLLAND & HART
CTB:mec
Encl.
cc: Don Erdman
Fitzhugh Scott, III
Sandra Stuller
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STATEMENT OF EXE!J!.pTIOll
FROl1 THE DEFINITION OF SUBDIVISION
WHEREAS, ~ection 20-;9 of the Aspen Municipal Code pro-
vides that following receipt of a recommendation from the planning
Commission, the City Council may exempt a particular division of
land from the definition of a subdivision when, in the judgment of
the City Council, such division of land is not within the intents
and purposes of the subdivision regulation, ,nd
h"IIEREAS, DOlINEr.LEY ERDHAl':j has made application for
exemption under the above described provision for the parceling into
single f~ily homesites of the following described tract of land
located within Pitkin County, to wit:
Lots A, B, C, D, E, F, G, II and I of
Block 2, City and Townsite of Aspen, emd
~1HEREAS, the Planning Commission has approved such
application and recommended the grant of exemption to the Aspen
City Council, and
WlIBREAS, "'n review, the City council has determined that
the proposed division of land is without the intents and purposes
of Section 20-1 et seg, of the Aspen Municipal Code (subdivision
regulations) except those provisions requiring dedication of land (ar
cash in lieu thereof) for the purpose of providing park and open space
lands, ;cnd
t~IEREAS, the City Council wishes to grant an exemption
from the definition of subdivision and excuse the applicant from
compliance with the subdivision requirements of the City, ut do so
only on condition that a cash dedication be made all as required by
Section 20-:',3 of the ~~unicipal Code, and
ImEREAs,ommr.r.:gy ERDHJ'.tl is agreeable to this condition
and further agrees that for purposes of calculating the mandatory
cash payment that th.~ current market value of the undeveloped land
hereinabove described is Five and 50/100 ($5.,0) Dollars a square'
foot,
'J HEREFORr, t,hc (:i ty Council, pursuant to action taken at
its regular meeting held Monday ,eptember 22,',975, does hereby
grant an exemption from t1,e definition of subdivision to the parceling
of Lots A through I of Block 2, City of .'\.spcn, by nonnelley Erdman for
the creation of individual homesites, ,11 as hereinabove described,
,nd by such grant of exemption does excuse
compliance with the
subdivision requirements of the City of Aspen.
'ROVIDED, hO~lever, that such grant of exemption is
conditioned on receipt by the City of Aspen of the appropriate
subdivision dedication fee as follows:
1. A minimum fee of Nine Thousand Five Hundred
Eighty- ,'hree and 20/100 ($9, ,83. '0) Dollars, payable
on execution of this Statement of Exemption, "hich
amount is premised on the construction of four single
family homes on the site;
2. The additional sun! of Two Thousand Three
Hundred Ninety-Five and 80/100 ($3,:;95.,0) pollars
in the event, at the time, that there shall be con-
structed on the site an additional single family
home (for a total of five).
; ROVIDED, further, that such co~~itment to pay a dedication
fee shall be binding upon Donnelley Erdman, is heirs, successors
and assigns,md shall be deemed a covenant running with the land,
'hall burden the premises here inabove de scribed, ,md shall bind,
and be enforceahle in law or in equity against all subsequent
owners of the premises,:ncluding Donnelley Erdman, his heirs.
ersonal representatives, ":uccessors in interest and assigns.
Dated,
STACY STAllDLEY' III, : 'l\.YOR
I, Y.ATHRYN S. AUTER, duly appointed City Clerk of the
City of Aspen,_:o hereby certify that the foregoing conditional grant
of exemption from the definition of subdivision ",as granted by the
:'spen City Council by motion duly made, seconded and approved at
its regular meeting held r10nday, ';eptember 27, 1975.
:~THRYN S. HAUTER
CITY CLERK
STATE OF COLORADO )
) ss.:
;:OmlTY OF PITKIN )
of
The foregoing was acknowledged before me this __ day
, 1975, Y STACY STANDLEY III and KATHllYN S.
.,AUTER, ~iayor and City Cler\<:, respectively, c:.f the City of Aspen,
Colorado. "itness my hand and official seal.
Notary Public
My Commission expires: