HomeMy WebLinkAboutcoa.lu.ex.Frey Subd-Lots A-F, Blk18.1976
MEMORANDUM
TO:
ASPEN CITY COUNCIL
FROM:
PLANNING STAFF (RC)
RE:
FREY SUBDIVISION EXEMPTION REQUEST
DATE:
NOVEMBER 17, 1976
This is a request for subdivision exemption by Gene Frey for property described as Lots
A, B, C, D, E, and F, Block 18, Aspen Townsite which includes the existing Robbit Rouse
Child Care Facility. The subdivision would consist of Lot A-B; Lot C-D; and Lot E-F which
will contain the Robbit Rouse. This will allow the development of two (2) single family
houses.
The Engineering Department has reviewed the application; inspected the property; and by
separate letter has recommended approval of the exemption.
The Planning Office has been concerned that the exemption may reduce the land area available
for the existing child care facility and be in violation of the conditional use permit.
We have determined f~om the attached information that the facility is in compliance with the
Colorado Department of Social Services as it exists on Lots A thru B. Also, that state
law requires the fencing of playground areas, and the area fenced for the child care
facility has never included property other than that of Lots A thru B.
Given the resolution of the above concerns, the Planning Office recommends approval of the
subdivision exemption request for two additional building sites, provided the subdivision
dedication fees are paid by the applicant.
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CITY OF""ASPEN
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130 south galena street
aspen, colorad():~ 81611
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MEHORANDm~
DATE:
CLAYTON MEYRING
MICK MAHONEY ~ Y'V'-'
NOVEHBER 8, 1976
TO:
FROM:
RE:
LAND VALUATION FOR THE JEAN FRYE PROPERTY
Please see attached copy of letter from Mr. James J. Mollica dated
October 29, 1976. I accept his valuations for the Jean Frye property.
PS~'
~: Planning Office
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MEMORANDUM
TO: MICK MAHONEY
FROM: HAL CLARK
RE: LAND VALUATION FOR THE JEAN FRYE PROPERTY
DATE: NOV. 1, 1976
Please review and determine value of land for subdivision dedication fee
purposes. This is a subdivision exemption. Price appears reasonable due to
location of lots near Highway 82.
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MM
Cctob'~r 29, 1976
Hal Clark
City of Aspe~
P. O. Box V
ASJen, Colorado 81611
Re: Land vahation for the Jean Frye property, Lots A,
B, C, D, E, F, Block 19~ City of j':,spen, in ord~~ to
es:abli5h park dedication fee.
f-:al :
As you have requested I have personally inspected the subject
lots and have gathered and analyzed applicable market data for
the p"rDose 0" estimatin~ the Fair Market Value of the subject
sites '~s if vacant" in order to estimate the Fair Market Value
of the subject property.
Since the par% dedication fee is based UJon 13n1 value only,
I have not insJected the i~t~rior of th~ residence on Lots A
and B. I h3V~ also eX3mi~e~ th~ attlched recei~t and option
CO:1trac:. fa:" ~~l'~ sal e of ~h: :;u~je:-t orJ:)~(.t~/ f:--001 'l'1;,ich the
followin" value allocations were s~t aut:
1'.J:a1 $125,000
Lot; " , ~) \Ii th Y'es i 12r1 ~s $35,00Q
.~ ..
Lots C 2, D vacant $50,000
Lots c , F vacant $50,000
~ u
I have also gathered and analyzed recent sale3 of building sites
as well as current listings in the As~en ar~a. The most recent
sale of a similar property in Aspen's West E~d was from Paepcke
to Erdnan i1 August 1975 for 13,000 square feet which since then
h:s J~~~ ji\'j~~~ i~tJ 3 buil1i~J si~~s~ fJr :131,OJ0. "rhl: 5219
INCORPORATED
is id2i1t"j::ai trJ the subject in siz~, hO\?;'2\'=Y" ~t is located tl2:tr
the A.sp':?n i~123do\'/s \'Iith a far sup:;?,-jor vievi. Th,~ applir;ab'Je tiJl2
adjustrr,;;nt f:)(' t1is sale is offset by its sUGerior location.
Mason &MORSe
MaIO IIIRCB'
POST OFFICE BOX a
ASPEN, COLORADO 81611
PHONE: 303 925-7000
MM
Cont3.ined in my fileS ar~ numerous other sales of building sitc:s
v/hicil further s'.fvport the subjects contract pric~. Therefore,
it is my opinion th3.t the Fair Harki!t Value of the subjects lan~
as vacant, as of October 23, 1976 is as follows:
One "'JYlr2d and Fi fty_ Thousand 0011 at's
$150,000
$30,08(,- a 1 'I,)::ated to , , B
" (;t
$50.000 a 11 ')cated to C , D
'.
$50,00J a 110ca t;2d to ~ (\ F
This valuation was offered in a letter form at tile request of
the client, hO'tlever I have the necessary informatiY.. -1:1 my f112s
to co?plet~ 3 n~~rativ~ an"'diS31 with SU1DJ}"ti:1J ~d,.t2t dlta
and exhibits if necessary.
if : car; b2 2f fu~t~~~ assista~!~~ ;" thi: ~atter~ 91~a~~ do not
hesi~dce ~) call. Thank you for this Qc~ort~lnit! to b2 of ser'Jic2.
Sinc,:relj,
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Alt1~~eJ: q9:~i~t ani O.,tiar C0nt~a:t
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REn:I\'W FRO~1 _ Ci,R~jE.tLL!\HRENC_Lf,_ GREH1JEtLKQ!'!.D.H I S_&:.l.-tlCJJ.f\E_LJE.S_CllNE1L_______.
rUlI'h:l:''''I'(a~jllillt tc....n:.ll1b).tJ...' ~urn of~ _$'3000_- OQ__. __ _. _..in the' form of ReX59na_Lf.b~.f_~ '_ .___.__..
to L... ill.'111 h)' _ Fend~r. .Rci3] t-Y__ .. _ __~_._ _'_.._._. __'__. ... broker. in his t;:;crow or tru:,h'..' arCllunt.
a~ t:al f....:-t m'..J11C)' Mal I'.lrt payment for the followin&,' Jc...':"ni~JcJ re:1.1 ('~t;,te liitl1ate in thc-.C.i tY_QL.^5P_t:rL._._
COlllltYllf . .!'i.tl<,LrL_________.Colorado,towit: Ci ty of Aspen, Lots A, B, C, D,
E, F, Block 18, Said property to be held by Purchasers as Tenants in COlltnOn
each U\-millg an undivided one-third (1/3) interest therein;
with aU imprv'\'cnle'tlts th~re(ln and all fixtures or a pern\O\nent nature cune-utl)' on the vremL.:es t."Xl'l'pt ns hereinafter
lH"ovitlt.,1, in th.:'ir prl':"t:'nt ,,'oudition, ordinary wear allJ tear excepted. kno\\-on as ~o._-ZJ5_ Y~~_~__BJ~eker _.__.____
~n_d.a_djac"l]t_lot~__ _____._.___ -_.__________.__..n ___.__ ._...
whidl l,roJlt'I.ty plll.'.ha.....r ag:n.'l'5 to huy llI,on the f(,I1owin~ tC"rms :Inn condition~. (or the ltlln:klse prkt"- of
$ . .18S .000,.00 _...... val.able" fo!lows: s_lJ_OQO. OQ___herebY receipted for. S _~..9QO ._QL-. .
pay..ble by cashier's or certified check upon delivery of dee'd (plus customary
closing costs); Purchasers shall ex~cute their note and deed of trust payable
to Sal lar in the amount of 5158,000.00 and payable r~ monthly install~ents of
$1,271.40 including principal & interest at the rate of 9% per annum, being a 30
year a:nortized loao-; provided hO'o'lever, that the en~ire unpaid principal balance
then remaining under said note and deed of trust shall be due and payable 7 year"
from the date of execution thereof. No prepayment penalty will be charged
Purchasers for early payments under said note and deed of trust.
Seller agrees to release Lots C & D of Block 18 in the City of Aspen for
$20,000.00 principai pre-payment paid in addition to the monthly installments of
$1,271.40 due under said note and Deed of Trust; and shall furhter fully release
from said Trust Deed Lots E & F of Block 18 (Terms continued on Schedule A)
1. ~f-::, 'f:,,~-;r,:rt!-lTn.oot'""lh ~C+~r"':'l~t"'...-.~C' -:-..,-:.-o-ht.-:~"':"::med-.-tb. ~.~rc+j':\~"""'H'.~T~-telr:\)" -:.-l'('l~n- tl-t'\"':"'.:",Fe:", ~;"."t."'i,:""rt~o
~:,"'Ct"~t!-S=---= =..- -:.-_-.::=...- - -:- ~ ':'\':"!e.;t-- ~~.'t r,:"!":1.ht-:,,-,.,. O'::'~'h.tS' r"C1:t: '""t'-r:h:rl:-H:-et"t:n:'h:~C',l"m1'~~:"I',t'Ir:e- 3~.:-!rc-.~..nr'
bl',:.~c:'\.-\,.rtr.."rt'\':'lT:n'b"e.;t't:t~ M.-rn::s t)1""C1,..:....:i~:-vr.:! C':t\."'C'pt":-
2. Price to include UIl)' (Jf the following items cUlTl.'ntlj' on the premises: Lighting. heating and plumbing fhttIH'::-;
;lll outfluor vlantg. willll!)\\' and PQi....h ~h...des. \'enctinn blinds. ~torm windows, ~torm door's. sCI'e~n~.l'urtuin l'Ol1:<:tlt';,j1-
er)' ruds, cl"iu'ul air ""f'f.,I:til)l1in~. \'l:nlihl.tir.j; fixtures. attached TY antcnn3:i. attached m.irrtJl'~. linoleum. awninJ-:':ol.
w:th;;l";.'O~tcr.'\...,.-(n-O'",':"'."\.-d-~-::~h:"Tr...frr.:'1i.::'--e-!l'T~::r.tJ."KI-t(&._bulIt.in kitchcn uppliance~, waJl to wall cal'petin~
all in their present condition, tree and clear of all t:txes. liens and encumbrances. except as provided in paraKral'h -I:
pro\'ioco. however. that the following Jixtur~s of a permanent nature are excluded from this 5ale: ...a LL items.. _ __...__
be 1 on.9l.nQ to the day care center knO\'m as the "Hcbb it House" i ncl ud i n~o..i ture .
and toys.
3. '='.'1'l-.:tl~h~et-e(--ti-tk-~;J..J"'I'Cpe1.-tr""ceH.+r.""C'tl-t.~~h,,k-;~t"J\ clIrrent commitment for title in~urance'policy. in an
anlOunt equal to the pun:hase price. at seller's O'f'Htrit''Tlt'l1'f. ('XP(.'Il:-~. ~h:tll he furnished the 1,urcha:-:('r on or ht.fore
SeQ!~!f!..f:?~c.J5 _ ____ ..____,19 LQ _' tf;:',..{j,.'t'~}et"t~~.-,..~.~r!j...n~~rid~;tk-t:1'!--t't'l:1~"t""'I"'l'f..f.t.1'ttt......~Sctlt:r\\i1i.
delh'er the- title in:;uranc.'e polic)' to purchaser aftt'I' t:lo...inJ.: ..nd pa)' rhe premium thereon.
4. Title ~h31l1,t" mc,:chantaltte in the sell('r. SuhjN:t to l'aYlnfJlIt or tender as abo\'e pro'\-ided and ('oOlplinnce with
~he vthcr h..r:n.. <Inti (.'(lndititms h...n:unucr L:r pur-chacer. tht.' ,;elIer- ~;l:1.Jl .:xccute und rle!i\"et. a ;.;ood and :"uffidt.'llt
gqne ra 1 _ _. ____ n. _warrant)' cf('('11 tf) :-nitl purchn~cron ._ Nove21Q_e r _ 15 ____. _. 19 76
hr, l.)' flIl1llfil! olj"l':rl'l'II:..nt. at an t.':1.l"lil'r date. c(JJH'l')'in~ ~Hitl pl"ol'el't). ftee and d~ar of rlll taXl"!<. except the J,:"l"ld';d
taxes (or 19 76.. ..1'.IY.lbt~ Jallu.;\I~' 1. 19_7L. and e.l'\.~l't ____ _._. _____.._ _ _
rrl'C and c!l-ar of allli~ns for special iml}ro\'cnl(~nts now in:;tnlled. wht.-thcr a~~essC'd or not: free and dear of all lit'll:;
Ol.nd cncumlJrances excl.'l,t (oa!Oement~ (or tdcl,hone. ett!drieitr. watt.'I' and :-:anitarr seWer,-hHo.I ~s-<.'Yfl- __.
OInd :O;ULjl'cl to building- and zoninf.:' rt:l{ul~tions, and rt'~tl"iclhe cu\.t:'nants of record. An)' enclIml,ranct!' relluin.d to IJ(~
11uiJ ma)" L... pair! from the IIroC't'l..'tls t.Jf this tran:>action.
5. G,,'nNal taxl'S (or 19. 79_ :oh:dl Ll' :\1'1"''' tiOHt?d to 11:ltl.' uf <<Iclj\t,,'r~' of fll'cd 'J.:lH.'ll un th... llill:-t lc(....nt r....\"). :11111 (Ill'
O\(,..t r'........llt ~\:..~c:>::.nh..nt. Pn'paid r",':HS. .....uter n:nt",. ."'l'Wl'r I...nt:\. FHA 111ortl::I~1.' in.:-ur;U1l'c l.n'lUiulll., .lml inh:ll."t 1>11
t"n(,UrHl'I.IIlC'I.'~. if any. .nrr~
,,11;ll! I.,. ;11'I"Hti"I\l..J tu .blt" lIft!l.lin'f)o' or dt'l'd.
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6.1 he hour 311l1l'lnce of do~inK ~hall Le "s "h::o.i"f1uh't.l L)'
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Fender Reo I tL& Coc>1c:Li'lv~~J!!,,,,!oj_C9--,.
7. Po~~C'!"!'tion o(prcmJ:.;:C's :r;hal1 tIC' ul'li\"CTI..'d to pUT('ha~cr on ~~_9fsJ92Jl]g__
subj('ct to the ronawing leal"c~ or tenancie:;: none
If the seller {ails to delh'cT possession on the date herein specified. the ~ellcr shall be ~ubject to ("dction and :-011..11 be>
liable (CJT a dOliI)" rental (.Irs untiJ possession is delh'ercd.
8. III the event thr premise::i shaH be dama~cd L)." fire or other C'a~ua1t). prior to time of cJosin~. in an amount or no.t
m01"l;' than ten pt'T cent o!thc tolal purchu~c price, lht' l'lt'lIcl' ~hall be obligated to repair the same l,cfore the d.lh,' hen'in
pro...jflt.d fOT deliver). of de(>d. In th(' c\"ent such dama~l' cannot be repaired within !'aid time 0'. if ~uch dnm:l)r~ :lohall
exct'cd such sum. this contract may be cancelled at option of purcha~er. Should the purchaser eJect to carr)' out this
agreement despite such damage, ~uch purcha!'ocr shall be entitled to all the credit (or the insul.ance ItrOceed~ re~ultinK
lrom such damn~c, not exceedini:, however. the total ptlrcha~e price. Should an)" fixtures or ~en.i("c~ fait between thl.'
date or this .ny,recment and the dnte of Possc.ssion pr the date of dcli\'cr)' of deed, whiche\'er shall be eartier, then thl.'
seller shall be re:-}lonsible tor ~h(' repair or rt'placemcnt of such fixtures or services with a unit of 5imilar size, age and
.quality or un equi\"alent ('redit.
9. Time is of the essence hereof, and if an>. pa}'ment 01. an)' other ('ondition hercaris not made, tendi:-red or perto."med
as her~in provided. there shan be the fonowing ..emcdi{'.... In thE' e\"~nt a paJ."mcnt or an). other condition henof is not
nladc, tendered or Jlt'rformed by the purchaser. then this l"<.Jntract shaH be null and void and of nO' eff('d. and both 'partie~
hPH'to released Crom an obligalions hereunder, and all pa~.ment~ made hereon ~hall be retained on b4:half ulthe $elter as
Jiquidatt>d damage-so In the event" that the seller fail~ to perform an)' condition he..eor a!' pro,,'ided h,....<:in. then the
purcha:.er maJo., at his election, treat the contract a~ termin::tted, and all pa).ments nlade hl"1"('und~r ~hall be returned to
the purcha~er: provided, hO\',.ever. that the purcha~cr O1a>", at his election, treat this contrac-t a!i h,-'in,:: in lull lorce and
effect with thc right to an action for specific performance and damagt'~.
10. In the ~vC"nt the seoller fails to appl.o\'e this instrument in writing on or beorore_. Septembe r "29
19-7!L, or irtitle is not merchantable and written notice of defects is given to the sellt'ror agent within the tinle hel'ein
pro\'ided for delh"er)' of deed ~nd ~hal1 not be rcndprt.,cl merchantable within 30 da)'s after such written notice, then thi~
C'ol1trnct, at purC'hascl..s option, shull be \'oid and of no cfft'ct and each P:lI"t). hereto sha!1 be released ll-om an oLlignti<tns
h~rt:und, r und tile pa).m~nts nlaoe hen:~llil,jt'l. shall be rct:.;rned f':lrtbwith to p:.::-c-h:l!c:- ~;:!Jr: rctu:"u 0: the 3b:stract. i(
an)', to sell~r; provided. hO\''o"cn:l'. that in lieu of correcting such defects, seller ma}". within said 30 daJo's. obtain a
commitment Cor Owner's Title I~!'l1rance Polic). in the amount of the purchase price showing the title to be lrc~ fl.om
such def('cts and seller shall pal. fuB premium for such Title Insurance Policy.
.'
11.AdJitonaJProyisions: See Sc]1edule A attached hereto and incorporated herein by
this reference.
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12:'{Jpon appro\"at hcreof b). the sener, thi~ as-r('l'n\('ut shaH become a contract 'b'etween seller and purcha!'>cr and
shan inure to the b~nefit oHhe hcirs, successors and .l.lssigns oC said partie~.
. .
Cooley Investment Company in cooperation
wi th Fender Rea I ty
By:
Pu"''':' t/e,tc~en ;on~Q~/ ~. ,I1>>7V~ //
h0r~L.!.- _ ~-p. ~- f . i
Purcn sc;: . , MI end.;.: escnne da le
8el1('I" npJlro\"~s the aLo\.c contract this day of _.__-0 ~9_ and agn'cs
to pa)" :l comndssion of _CJp of the gro~s sah.s price (or ser\'i('t"~ in this trnnsadion, and agrees that, in the
ev(:nl of forfeiture or J.la).mcnts made b)' purchaser. such payments shnll be di\'ided between the seller.s broker and the
seller, onc-hnJrthereorto said broker, but not to exce('d tIll' commission, and the balance to the senc~.
Gc-nCl:-Frey
Seller
!W1l~r
I-'un'hasel'~ Addrt.:o;s._
S,:IlC'r'sAlt(lr,-'!':\
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SCHEDULE A
RECEIPT ArlO OPTlO:l C0:nRi\CT ( RES iOE:ITlI\L) BET\,EEIl CAR!\EIl lfMRnlCE & GRETCHEN
KONOYlIS & :.\ICH,\EL TESCiHlER (PUi\CH^SERS) MW GEljE T. FREY (SELLER) dated
Septer.,bcr 10, 1976.
,
Terms continl!0d; for an addi tional cash payment of $50,000.00 in addi tion to the
above; -- or "pon negotiation, Seller may subordinate to a second trust deed on
Lots E & F on;y, upon a cash payment of nO less than $25,000.00 on Lots E & F
providing al: Gonies secured from a new first loan is secured in improvements
to the prop .'ty and such improvements' shall be approved by Seller herein before
she shall be required to subordinate. '
Cooley Investment Co~pany reco~"ends that al I parties seek legal counsel for this
transaction and that an attorney examine the title of the property involved.
Contract is contingent upon Soller first obtaining subdivis'ion approval or
exemption from the City of Aspen so that Lots C and 0, and Lots E and F can be
transferred as t,'w parcels each separate from the remaining Lots A and B, and
under such circu~5tances as both parcels consisting of Lots C,and 0 and Lots E
and F wi II be entitled to a bui Iding permit for a dwelling structure. Seller
shall use best efforts to accomplish requisite governmental approval of the
foregoing by Ilovember 10, 1976 und if such approval is not accompl ished by said
date then this contract shall be void at the option of Purchasers, In the event -_
such governmental approval is 9ranted, then Purchasers shall have the right and
option, in lieu of the aforesaid note and deed of trust in the amount of ~158,aOO,
to deliver at cloii~g three (3)'separate promissory notes' in fav6r of Selier and
in amounts uggregatir.g $158,000.00 each of which promissory notes shall be
secured by a deed of trust On at least two (2) of the subject lots. In such
event, the aggregate monthly payments to be received by Seller shall equal
$1,271.40, including principal and interest, and the schedules of repayment
under said notes, the bal loon payments, rights of prepayments without penalty
and the partial, release provisions under the deeds of trust will coincide \.lith
the provisions of the single note and deed of trust in the amount of $158,000
(which would otherwise have been delivered to Seller at closing), 50 that the
rights a~d obligations of Seller shall not be diminished by Purchasers' exercising
their option to del iver three. (3) separate notes and deeds of trust at clos ing
instead .of one (I),
The parties hereto ackno..ddge and ugree that for the purposes hereof, Lots A
and B with improvements thereon have been allocated a value of $85,000.00,
that Lots C and 0 have been allocated a value of $50,000.00, 'pnd that Lots E
and F have been allocated a value of $50,000.00.
,
This contract supersedes in its entirety that certain Receipt and Option Contract.
between the parties hereto dated June 16, 1976 covering Lots A, B, C, and 0,
Block 18, City of Aspen,
(Seller)
~M'd&/~~
~ La\'/rence ,(Pur,chaser , .
Gene T, Frey
Gretchen Kondyl is
(Purchaser)
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Michael Teschner (Purchaser)
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Mason & MORse
INCORPORATED
MIlO OfllC8'
POST OFFICE BOX a
ASPEN, COLORADO 81611
PHONE: 303 925-7000
QUALIFICATIONS OF JI.PPM T
James J. l'bllica
Residential ~!ember (R.M.) Designation of the Arrerican
Institute of Rei'll Estate l',ppraisers, 1976
Licensed Real Estate Broker in the State of Colorado
Member of Aspen Board of Realtors
l1er:iber of National Association of the Board of Realtors
EDUCATION
Business and l'.dvertising, BSJ, Ol1io University
Real Estate law, Ohio University
Course l-A, Arrerican Institute of Real Estate Appraisers
Course 8, Arrerican Institute of Peal Estate Appraisers
Course 201, Society of Real Estate Appraisers
BACKGROO~",]) Ai'll) EXPERIENCE
Construction, Deffet Conpanies, Ohio "cttring College)
Appraiser Intern - Associated Consultants and Appraisers, Inc.
June, 1972 through Noveniber, 1973
Independent Peal Estate Appraiser, Associated '"lith Mason and !forse, Ine, .
January, 1974 to present
NAJOR CLIENTS SERVED
First National Bank of Aspen
Aspen Industrial Bank
Bank of Snmvroass
First lvestern l.'ortgage
City of Asp"'Jl
Holland & Hart (law Firm)
Aspen Savings & Loan Association
I TYPES OF PROPERlY APPRAISED
Residential
CondorriniUlllS
Vacant Land
Comnercia1
!fotels
Ranches
PURPOSF~ OF APPRAISAlS
.
Acquisition
Sales
Exchange
Partition
Liquidation
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Reams & King
ATTORNEYS AT LAW
WARREN F. REAMS
VINCENT W. KING
301 NORTH 7TH STREET ~ P. O. BOX It.
GRANO .JUNCTION. eOL-ORACO 811501
PHON.: aoa . 2A2--7."'7
October 21, 1976
City of Aspen
Planning Office
130 South Galena Street
Aspen, CO 81611
Attention: Hal Clark
Dear Mr, Clark:
Enclosed you will find a check in the amount of $75,00 from
Gene T, Frey payable to the City of Aspen in payment of the
filing fee. The matter concerns a conveyance of Lots A,
B, C, D, E and F, Block 18, City of Aspen from Gene T.
Frey to Carmen Lawrence, Gretchen Kondylis and Michael
Teschner, It is our understanding that the matter has been
approved for an exception from the subdivision regulations
by the planning commission and will subsequently be submitted
to the City Council. We have made arrangements with Jim
Mollica to prepare an appraisal of the property for submittal
to your office, As soon as the appraisal is received, we
would appreciate your placing this matter on the City Council's
agenda.
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Very truly_ yGUt's ,
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Enclosure
September 9, 1976
Marian Stewart
Pitkin County Welfare Dept.
506 E. Main Sl'reet
Aspen, Colorado 81611
Dear Marian:
Gene Frey owner of six lots in Aspen, which contain the existing
Hobbit House Child Care Center, has applied to the City for
permission to subdivide these lots leaving two lots for the
child care facility. It is not clear from our records whether
additional property was included in the original City Planning
and Zoning Commission approval of the child care facility. We
would appreciate your reviewing the attached information and
advising us as to whether lots A and B together with the Hobbit
House building is a sufficient facility for a child care operation.
Thank you for your assistance in this matter.
Sincerlly,
Harold Clark, Jr.
r Land Use Administrator
HBtbk
.,......
MEMO
TO: HAL CLARK
FROM: DAVE ELLIS ~
RE: FREY SUBDIVISION EXEMPTION REQUEST
DATE: SEPTEMBER 8, 1976
Having reviewed the above request and inspected the site I
would recommend that the exemption be granted.
DE/pab
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IEil ~~Realtors
September 3, 1976
Hal Clark
Land Use Administrator
130 South Galena Street
Aspen, Colorado B16ll
Dear Sir:
This note is to confirm that the playground area attached to the
day care center, known as the Hobbit House, meets the Colorado
State requirements. The state requires 75 square feet of outside
space per child. We expect to have 30 children in the Hobbit House
day care center, located on Lots A&B, Block lB, of the City of Aspen.
The following facts are a description of the above mentioned premises:
Lots A & B 6,000 square feet
House Size 1,000 square feet
30 children @ 75 sq. ft.
per child 2,250 square feet
Total 3,250 square feet
Additional open space = 2,750 square feet
I hope that this answers your questions. If I can be of additional
help, please don't hesitate to ask.
Very truly yours,
lm~pL~~
Michael Teschner
MT:l1
405 South Hunter Street - Aspen. Colorado 81611 - Phone 303/925-4616
Memher Aspen Multiple Listing Service
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4 PART SPEED LETTEO
Third Goldenrod Part is an EXTRA COP
Retain yellow and goldenrod copies if you want to keep two copies. Send goldenrod copy if recipient wants a duplicate.
SPEED lETTER (;)
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SUBJECT ~ ~ 73 s- J//.
FROM
STATE OF COLORADO
DEPARTMENT OF SOCIAL SERVICES
1575 SHERMAN STREET
DENVER, COLORADO 80203
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IItfAA C9pY
MEMORANDUM
TO:
Aspen Planning Commission
FROM:
Planning Staff (HC)
RE:
Frey Subdivision Exemption Request
DATE:
September 3, 1976
This is a request for Subdivision Exemption by Gene Frey for property
described as Lots A, B, C, D, E, and F, Block 1B, Aspen Townsite
which includes the existing Hobbit House Child Care facility.
The Planning Office has referred this item to engineering, but as of
this date has received no comment. Also, we have requested infor-
mation concerning the recreational space needs for the child care
center from the applicant. We recommend tabling the request until the
above informaton is furnished.
DATF 8 WED
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ASS;Gr~[D 70
DATE R::i'L:::O
ROUTE
Dear Mr. Clark:
August 5, 1976
Mr. Hal Clark
City Planning Office
130 South Galena
Aspen, Colorado 81611
This letter is to be presented as an application for exemption from the City
Subdivision Regulations pursuant to Section 20-19 of the Municipal Code of
the City of Aspen and pursuant to Section 20-3 page 1206 and 1206.1 of the
Municipal Code of the City of Aspen.
I, Gene Frey, am hereby applying for an exemption from the defination of
the term of a subdivision with respect to the real property described as
Lots A, B, C, D, E, and F, Block 18, City of Aspen Colorado.
There is presently a dwell ing on Lots A and B and I own all 6 lots. I am
making appl ication with respect to the zoning code of the City of Aspen
which calls for R-6 zoning in which you are allowed I dwelling on 2 lots,
or 1 duplex on 3 lots.
S /~ 1" ~F(i.-r;
I would like to be able to sell these lots either as three homesites ;r
two dup 1 ex lots. I am desperate Iy in need of a sa 1 e on th i s property as
due to my age and health I cannot reside in Aspen any longer and have sold
my business in that City in order to reside in a lower altitude. I need the
income from the sale of this property as my livelyhood.
I would therefore, appreciate it very much if you'd take this application
before the variance board at your next meeting.
Respectfully Submitted,
Gene Frey
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Space Requirements ~continued)
b. Child care centers in operation prior to January 1, 1966,
_ ani! which contlnue o'peration under the same governing
body, shall provide open indoor play space of twenty-five
(25) square feet of floor space per child, including space
with readily movable furniture and equipment, and with
the exclusions the same as noted in Item la above.
c, No child of less than third grade school level shall be
cared for in areas above or below the floor of egress.
(See Special Requirements for Infant and Toddler Care;
A-7424.2, A-743l.2.)
d. Egre.ss from each room shall be directly available without
passage through another room to the exterior of the build-
ing or to a common hallway leading to the exterior.
e. Each center shall have a least two approved, alternate,
remotely located means of egress from each floor of the
building or to a common hallway leading to the exterior.
f. All stairways, interior and exterior, which are used by
children shall be provided with hand-rails within reach
of the children.
~outdoor Area Requirements.
I a. The center shall provide an outdoor play area which is
adjacent to or safely accessible to the indoor facilies.
When the area is not adjacent, staff members shall ac-
company children to and from the play area.
(9
The outdoor play area shall provide a minimum of~g~~2C~
feetyf. sp.ace_I'e.zs.h.gi.~or a group of children USlllg the
total play area at anyone time. In no center shall the
total play area be less than 75 square feet per child for
at least one-third of the licensed capacity of the center
or a minimum of 1500 square feet, whichever is greater.
c. The play area shall be fenced or have natural barriers
such as hedges or stationary walls to restrict children from
unsafe areas.
d. The play area shall be designed so that all parts are
visible and easily supervised.
THIS REVISION
Boord Approva I:
Effecti ve Date:
T .L. 14B6
Sept. 26, 1975
Sept. 30, 1975
LAST REVISION
Board Approval:
Effective Date:
New Material
REVISION NUMBER
COLORADO DEPARTMENT OF SOCIAL SERVICES
STAFF MANUALoVOLUME VII
SOCIAL SERVICES
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Special Review, cont'd
Motion
CONDITIONAL USE:
Klip 'N' Kurl
Motion
SUBDIVISION:
Redwood Condominiums
Final
~otion
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!otion
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P & Z mil,lltes 12-17-74
Barnard move4 to grant the remodeling of the house on the
condition that bhey provide 4 off-street parking places,
Landry seconded. All in favor, motion carried.
Public hearing'wa~ opened by the Chairman. Mojo stated
that this was a request for a day-care center on R6 land.
He said that they had complied with Sec. 2-22 and the
fees had been paid. Applicant Mary Gustafson said that
they would be securing the fence that surrounds the house
so'that there would be no children running out onto the
Highway. Mo;o ~~i~ ~h~r rhey were aivina the vacant land
ea of the property to be used as outdoo' area for the
c ~ ren an ann~ng ~ce thought this a good use for
the area. A letter from Marion Stewart was read into
the minutes in favor of the use and Mary Johnston,
representing the property owner, said, that this use would
be meeting the needs of the community. Public hearing was
closed.
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Collins moved to grant the conditional use of a day-care
center for the Klip 'N' Kurl; Barnard seconded. All in
favor, motion carried.
Attorney Jon Mulford, representing applicants, said that
he had agreed to all the Planning Office's considerations.
Mojo enumerated those conditions: Dedication of the road
easement and trail easement, the City would like to have
the easement granted instead of a dedication; that there be
clause in the Subdivision Agreement to, if they get the
problems with Riverside Avenue straightened out at a later
date, dedicate the road to the City who will then take
responsibility for upkeep of the road; the 4% dedication
of the Subdivision should, be left up to Council whether it
will be in land or cash; A Covenant in the Subdivision
Agreement against multiple short-term rentals; Sidewalks
included in improvements districts numerated in the
Subdivision Agr<2:ement; Like a word added in pare,graph 2
of the Subdivision Agr~ement, 3 lines from the bottom,
"will pay I, of actual costs of any such' improvements
abutting or within the tract described".
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Schiffer thought that they should rescind the Exemption
granted last week and Barnard moyed to Rescind the
Exemption from Subdivision and Collins seconded. All in
favor, motion carried.
Mulford noted that the Engineer had taken all the names
off the plat except for Kastelic. He also wanted to know
the difference between grant and dedication and Mojo
explained that dedication meant giving the land for fee
simple and maintenance would be the City's concern.
Mulford asked if it would be allright to have the Subdivi-
sion Agreement contain the provision that the owners will
dedicate the land when possible and that was agreeable
with members. Schiffer asked if all the perequisites had
been satisfied and Mojo said that he and Dave Ellis had
worked everything out to their satisfcation,
Landrv moved to qive final plat approval to the Redwood
.
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