HomeMy WebLinkAboutcoa.lu.ex.Jenkinson LotK-Blk87.1978I
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fotu;:lt ion of ill
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I zitiun feo dues not now
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other two 1011: it. will.
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Counc:ill:trin i'itrry
Moved to approve the.
subdivision exi::mpI i. oil
with the conditions; sec'ondod
by Councilman Wi.;h:-irt.
Colln C i i wolOa rl Johnston asked about PAR requl:l Lions fur buildi.nq on the other Lwo lot:;.
1411jo Lold Council Lhry had fintil.ly had approl,al from Y & 7, to .i.nsti.Lutc VARs in Lite
rVS!(1c:nLial parts of the City. This will h.Jvc to be a City code amendment.
All. in favor, motion carried.
SUL'DIVISY011 ESR!•1PTION - Jellk.inson
Rane explained this: is. the salve type of cx:.mption rcquesl., splitting up land ill r:ingle.
ov,ner.s;!lip. This: %-:ill sleparrli.c lot: K, which is 3,000 square feet. - a m.inimu(n sixc• lot.
Kane :;,aid it was found that the Isis t.heatie encroaches on lots Y. 6 inches on fit(- front-.
and 3 inches oil the back. This can be remedied either by an easement from Ms. J :nl:ill:;ur,
to the Iris or could c_;o to the Board of Adjustment. Kane said the planning off.ic • fell
the easc•ateni would be better. Th(r FAR is 1.5:1, by right, which could be a buildin(i of
4500 square feet. There are no set back requirements in tho CC zone.
Counci l nian I'ar. ry moved to approve the subdivision exemption; seconded by Counci l m:In It"i s laI11 .
Council:•:oman Johnston added that the appropriate part, dedication fee should be i•aic] for
thU vacant lot. All in favor, motion carried.
PUBLIC II0US1,':G AUTI!ORTTY - Public Hearing
Mayor Standley opened the public hearing. Jcnifer Carr told Council. that this p hl.ic
hearing had been advertised to determine whether or not. there is need for a Plli. to
function in the City of Aspen. Ids. Carr read a totter from the fire r:arshal s:tr:tin;; that
unsanitary -or unsafe dwellings do exist in the City. There are physically i.nade ualu
units. 'There is also excessive cost:; for these units and overcr.owdinq. Vs. Carr
explained that. the Council had to clo through Lhis process again because it was. nol_
properly documented the first time. Mayor Standley closed the. public hearing.
Councill:Ian PJishart moved that the Council having found that the basic n^ed cr.itetia
have not. been met for housing Within the City of Aspen, the Aspen City Council th-refore
c:.tabl.ish(:s a housing authority; seconded by Councilt•:olian Johnston. All ill favor.,
motion carried.
Councilman 1\ilihd171". moved to read Resolution 62, Series of 1978; seconded by Cuunci.la:a^.r:n
Johnstol:. A1]. in favor, motion carried.
RESOLUTION '112
(Series of 1978)
BE IT RESOLVEn I;Y Till: CI'.'•'Y COUNCIL OF TEE C;I1 Y OF ASP ):"4 , COLOR' DO:
That a petition liacing been filed with tho City Clerk of. said C i u y
to twenty-five (2.5) residents; thereof, scttin i forth that th(•rc is a nc.c•ci
for a liousi.n:I Authority to function theroin, and a public hunting havinc.
been hold, upon due notice Riven by said City Clerk, all pulse.::nt to the
"Housing Authorities Law" of the State of Colol.a•.lo, its al„•ndvd, the City
Council of Said City finds, determines and declares, that:
1. Unsanitary and unsaf.(- inhabited dwo.1.1iny accommociati.ons exist ill
the City of Aspen, Color.t6o; anti
2. There is a lack of s:afc and sari tar}' dtccl l i ne; ace or.tmoda tions; i :I
the City of Aspen, Colorado, itva.ilab.lc lot- all thel inhahit-ant!:
thereof, and
3. There is it nc�od for a ilout;ing Authority to function in the City
of Aspen, Colorado; and
4. A puti.tion s:et t i nq forth the nerd for a llouscing T+ut horif.y to 1 ulu-t ion
ill the City of Aspen, Colorado, has not been dcnic:? 1(y the City
Council thereof within LhreQ months of the cl<Itc of the fi.lincl of
the aiorc:;aid p•ti t ion; and
5. Tht' Mayor of the City of A::pen, Colorado, be i-oompt.ly notified of
the adopt.i.on o1 this rc::ol ut:iorl; and
6. '.I'hc Mayor bo and !,c hereby is clircctccl to fiAc in the office of
tt)e Cit.} Clerk of the: City of Aspoll, Colorado, th( ucccl:s,ary col -I i.fieate
evidenc•incl the deli gnat iou of tilt, C.i tv Counr.i l as: the Ccnnmila: irll( rsl
of the Hous:inq Authority, pursuant to `cct ion ?9-4-205(2) of "The,
llouninq Authc,rit.ic:: Law" of tho State of C'c)loradc)-
7. The aforc:;,tid conditions: in the City of At.pcn, Colorado, c•ompol
pot —.kills of low J llcolllf` to occupy t1111-.In i t.tt y ((l' unGa l t' d1:'(•1 1 .1111t-ict*-(�I;tm(,-
d.ltionsl or ok'%,VC1,owllc•d and cou-le!Aod (w. 1l.inq acevnlltodot.ion::; that tlir
aI'orcl;a.id condition[: catt!;c an i11,•t-I•.IrI, ill lhl, ,.plcad of di .(`a:;1• ;ul(1
crime; Lhat t111• c11 ai.,III v and r(•I:Ilnt:tlll( fiI,II (II the art n:: .in whi1.11
e,t,•:nnitary nt urIl,;;l • hou.inn coIitIitiull:, cxi:;t and tIko I,Icvi(Iin•l of
M E M O R A N D U M
TO: Aspen City Council
FROM: Planning Office, Bill Kane
RE: Jenkinson Subdivision Exemption
DATE: January 19, 1978
This is a request for exemption from the full subdivision procedures to
separate Lot K from Lots L, M and N of Block 87 in the Aspen Townsite.
This site involves the Isis Theatre and the vacant Lot immediately to
the west of it. The lots are owned by Majorie Jenkinson and the cum-
ulative lot ownership regulation in the City Subdivision Regulations
requires a request for Subdivision Exemption procedures to separate
and separately convey existing cumulatively owned contiguous townsite
lots. In the course of discussions with the Engineering Department and
applicant, and upon review of the plat, we note that the Isis Theatre
encroaches on Lot K by 6 inches on the front side of the Lot and 3
inches on the back. There was some discussion about requiring this lot
to go through the Board of Adjustment to seek a variance for minimum
lot size requirement. It has been agreed by the applicant represented
by Albie Kern that rather than pursuing a variance, the applicant will
simply convey an easement to the Isis Theatre which would allow the
owner to obtain 3,000 square feet of fee simple land on Lot K and there-
fore avoiding the problem of a sub -standard sized lot. 3,000 square
foot lots are permitted as a minimum lot. size in the CC district. We
also discussed the park dedication fee; but at this writing, I just
learned that the District Judge has ruled against the City park dedication
fee in certain respects and we will defer the City Attorney's opinion
as to the appropriateness of the fee on this particular application
and by way of this memo, request her to make a comment at Monday's
meeting. With provision of the easement, and payment of a park dedi-
cation fee, if it is any longer appropriate, we recommend approval of
this exemption request. The exemption request was granted unanimous
approval by the Planning and Zoning Commission at their meeting of
January 17, 1978.
lmk
PROPOSED WORDING FOR DEED FROM MARJORIE JENKINSON TO BUYER OF
LOT K, BLOCK 87, ASPEN, COLORADO
"Reserving to grantor herein, her heirs and assigns,
an easement in perpetuity for a building encroachment
on Lot K, Block 87, Aspen, Colorado, described as
follows:
(Description)
Anything to the contrary notwithstanding, in the event
the building, known as the Isis Theater, is removed, de-
molished or completely destroyed this easement shall
terminate and be of no force and effect."
•
•
M E M O R A N D U M
TO: Aspen Planning and Zoning Commission
FROM: Planning Office (KS)
RE: Jenkinson Subdivision Exemption
DATE: January 13, 1978
This is an application for subdivision exemption involving the separation
of Lot K from Lots L, M, and N of Block 87 in Aspen. The 4 lots are
now owned by Marjorie Jenkinson and the site is currently improved by
the Isis Theatre. Lot K is the vacant lot immediately adjacent to the
Isis. The Isis sits on Lots L and M and encroaches onto K by one foot.
The Engineering Department has noted that encroachment and requested a
revised improvement survey showing same. That has recently been sub-
mitted. The Engineering Department also states that an easement for
this encroachment should be obtained by the present owners before Lot
K is sold. We suggest this occur before final exemption approval by the
County. They recommend the exemption.
The Planning Office notes that Lot K at 3000 square feet conforms with
the minimum lot size of the Commercial Core district which is the
current zoning. However, we do not know what effect that easement has
on the calculation of lot area. If the encroachment area must be
subtracted, then the Lot would be non -conforming and the division of
property should not be permitted. We are asking the City Attorney to
advise.
We also note that the full foot side yard setback should be observed
and calculated from the point of the encroachment easement. The Lot
will therefore in any case present a narrow building site.
Only if the problem of minimum lot area can be resolved should the
exemption be approved. It seems likely that there must be a variance
applied for and received from the Board of Adjustment for less than the
minimum lot size, and if this is so, we would suggest conditioning
your motion on receipt of the variance before Council consideration.
We note too, the encroachment of the Isis in the alley. As with the
ARI exemption, the Engineering Department feels it is not a big problem
and would require no modification.
The park dedication fee appears not to apply in the 0-Office District
but again we defer to Dorothy.
lmk
•
i
MEMO
TO:
KAREN SMITH
PLANNING
FROM:
TOM JONES
ENGINEERING
'
DATE:
January 11,
1978
RE: Subdivision Exemption
Lot K, Block 87, O.A.T.
The only comment the Engineering Department has on this
request is to point out that the existing building on
Lots L,M, and N encroaches on Lot K by as much as half a
foot. An easement for this encroachment should be retained
by the present owners before Lot K is sold. A revised
improvement survey has been requested which more clearly
shows the nature of the encroachment.
Approval of the exemption request is recommended.
jk
CITY OF ASPEN
CUSTOMER
FINANCE
DEPARTMENT 10
CASHIER'S
RECEIPT
01-111
LICENSES & PERMITS
01-111 FINES & FORFEITS
511
❑
BUSINESS LICENSES
561 ❑ COURT FINES
512
❑
SALES TAX LICENSES
562 ❑ COURT BONDS - FORFEIT
513
❑
BEER - WINE - LIQUOR LICENSES
563-01 ❑ TOWING FINES - IMPOUND
514
❑
CONTRACTOR'S LICENSES
563-02 ❑ TOWING FINES - NOT IMPOUND
516
❑
LIQUOR LICENSE APPLICATION
564 ❑ TRAFFIC FINES
517
❑
DOG LICENSE
566 ❑ FALSE ALARM FINES
518
❑
CENTRAL ALARM LICENSE
568 ❑ DOG IMPOUND FINES
519
❑
BICYCLE LICENSES
569 ❑ OTHER FINES & FORFEITS
520
❑
EXCAVATION PERMITS
521
❑
CONSTRUCTION PERMITS
01-111 OTHER MISC. REVENUES
522
❑
ELECTRICAL PERMITS
579 ❑ MAPS, CODES, ZONING REGS.
523
❑
PLUMBING PERMITS
589 ❑ OTHERS (DESCRIBE)
524
❑
HEATING PERMITS
525
❑
SEPTIC TANK PERMITS
01-988-632-03 ❑ XEROXING (DESCRIBE)
❑ OTHER - ACCT. N0,
DESCRIPTION: (NAME, NUMBER, ETC.):
11655 CASHIER VALIDA
RECEIVED FROM
CITY OF ASPEN
MEMO FROM KAREN SMITH 12-21-77
Dave,
Please find attached two requests from the definition
of subdivision. One is for Marjorie Jenkinson and
the other is for Bill Drueding-. 6escript o of the
property are also attached. We are tentatively
scheduling both of them for the P&Z meeting of January
17th. May we have any comments that you may have
before the 17th.
Thank you.
Karen
• FEE SCHEDULE
(Subdivision, Exemption from Subdivision, Rezoning, lark Dedication)
Name of Project: Marjorie Jenkinson - Subdivision Exemption
Address:
Applicant's Name: Albie Kern (Attorney for JenkinFllione: 925-7411
Applicant's Address: P.O. Box 389, 430 East Hyman Street, Aspen, Colorado 81611
FOR ZONES WHICH ARE R-15, R-30, R-40, RR and CONSERVATION the Subdivision Fee
Formula is as follows:
Conceptual $100 + $5.00/dwelling unit
Preliminary $22.00/dwelling unit
Final $3.00/dwelling unit
FOR ALL OTHER ZONES the Subdivision Fee Formula is as follows:
Conceptual $100 + $60.00/acre of land
Preliminary $280.00/acre of land
Final $35.00/acre of land
X EXEMPTION FROM THE DEFINITION OF SUBDIVISION FEE: $50.00 Pk 1-1'-0/"*7 7
REZONING APPLICATION FEE: $125.00 (once a year)
PARK DEDICATION FEE SCHEDULE
F11COGn or IT ?:Gs It..` (.elves
current market value of a percentage of the
land proposed as the development site, the
percentage of the land being determined at the
rate of two and one-half (2'1) acres for every
one thousand (1,000) residents of the proposed
developmcnt•(that is, the number of residents
multiplied by twenty-five ten thousandths
(.0025) of an acre per resident). The number
of residents attributable to the development
shall be calculated in the following manner:
We of Dwelling Number of Residents
Per Dwelling Unit
Sulti-Family
studio 1.0
one bedroom 1.3
two bedreom 2.7
three bedroom 4.0
and 1.3 for each additional bedroom
Single Family or Duplex
one bedroom 1.3
two bcdrec-i 2.7
three bcdfoc-t 4.0
and 1.3 for each additional bedroom
A duplex structure shall constitute two dwelling
unit: for the purposes cf this subsection.
(3) An example of the application of the above
formula 4s as foll0o:s, a::r.nminT the construct'' -on
of one single f.::aily re :i,ionc•e containing two
bedrooms on a lot containing 15,000 sq:rtrr fort
with a market value of $u5,000.00 (or $4.33 per
square foot):
2.7 (2 bedroom = 2.7 residents) x 0.0025 acres
x 43,560 (square feet pot acre) x $4.33 (mar-
ket value ut land per square foot) _ $1,273.15
(b) finirtproved land shall be appraised at tit( -
current n.tl-l.rt. v.i l w• 0f t hr :.i to 111i lll.11itq iU: V.l1uC
attlibtrt:lhI to curt., gullets, str.•rt., eutiew,tlk
nn,l utiliti,.^, 1i tn•.t.tll,•.I nn the <!ate o: � ratit
is:.tt.1Ill'0 L:.rtc•,' .! l.ul.i:; :It.tl1 1— .Ipy•r.u:r,l .1,.,.t,1in
to their Iti.tIt, t I 1-1 It:., taking 111to ..•u:.t.irra
Lion 2ie,t_in,l •'rtlrtuna wheth, r nr net they .ter
ConforntiI . !I.tIIct v.tlur miry br :.uhr.tantl.tt,•.l by
a ducuutcnled purchase prier ( i t an armrt; len,llh
U.ut:.actinn n.,t tit„tr th.tntw„yr.tte; r,l.l) ut by any
other rccogni:•ed means; ,,rovitiod that a:avn%Cd
ValuaLicnl r.hall noL Ito relied on its evidrncr of
rnrr.•nt m.,,Lot v.,1un_ Tn th, ,•v,•rit 1he C1tV 0tld
:7
A L B E R T KERN
ATTORNEY AND COUNSELOR AT LAW
P. O. BOX 389
430 E. HYMAN STREET
ASPEN, COLORADO 81811
TELEPHONE (303) 925-7411
December 19, 1977
HAND DELIVERED
City of Aspen Planning and Zoning Commission
c/o Karen Smith, City Planning Office
130 South Galena
Aspen, Colorado 81611
Re: Subdivision Exemption
Dear Karen;
On behalf of Mrs. Marjorie Jenkinson I am requesting an
exemption from the Subdivision laws of the City of Aspen.
Mrs. Jenkinson owns Lots K, L, M and N, Block 87, Aspen,
Colorado and desires to obtain an exemption for Lot K from the
Subdivision laws of the City of Aspen.
I am enclosing herewith an improvement boundary line survey
for the aforementioned four lots. Please consider this as an
application for exemption of Lot K, Block 87.
Yours very tr}al,
Albert Ke n
AK:ao
Encl.
cc: Marjorie Jenkinson
ALBERT KERN
ATTORNEY AND COUNSELOR AT LAW
P. O. BOX 389
430 E. HYMAN STREET
ASPEN. COLORADO 81811
TELEPHONE (303) 925-7411
December 20, 1977
HAND DELIVERED
City of Aspen Planning Office
c/o Karen Smith
130 South Galena
Aspen, Colorado 81611
Re: Jenkinson Subdivision Exemption
Dear Karen;
I am delivering herewith two (2) additional plats of Lots
K, L, M and N, Block 87, Aspen, Colorado and the Subdivision
Exemption fee of $50.00.
Yours ver truly,
Albert Kern
AK:ao
Enc1.
cc: Marjorie Jenkinson
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SURVEYORS CERTIFICATE
I, JAME5 F- KE5EK, t1En5Y CERTIFY THAT ON NOVEM5ER 1 1, 077
ASURVEY'vVA5 MADE UNpER MY 5Uf ERVI5CN 0FL0T5 K,L,M,
AND N, 5LCCK 87, CITYCP ASPEN, PITKIN COUNTY, COLOKA)Q
THE TWO STORY 5R(CK BUILDING WA5 FOUND TO P)E LDCAT -D A5
SHOWN HEREON, THE LOCATION AND DIMENSIONS OFAL L 5UIL.D-
1� IN 5, IMPMVEMEt T5, E�,SEMENT5, R0HT5-OF WAY IN EVIDENCE
OR KWCWN TOME. AND ENC< iMENT5 RYORON THESE PRE-
M15E5 ARE ACCUf RELY SHOWN.
0 5 10 20 _qJ 50
5CAI F-, I, > 10'
15A5I5 OF SEARING.' FOUND Y C NO 0184 SW CORNER bi-cC TRICp MANAGEMENT kYAME5 F RE5EK L5. 01841
87 TO FOUNQ `(FC NO De/i NW CORNER LOT K BLOZC ,7 DECEMLER ni 1977
TRICO MANAGEMENT TITLE
PO BOX 1730
ASPEN,COL_ORADO, 8I(3I 1 IMPROVL M NT
303- 925-2688 ac(-- K 87
CITY OFA5PDJ
005 NO. 77- IGO
CLIENT UENKZN--CN
SURVEYED II/11/77
CRATED 12✓10/-77
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TV TERM tox
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FOR
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SURVEYORS CERTIFICATE
I, JAME5 F KE5EK, MF-FZf5Y CERTIFY THAT ON NOVEMfVP 11, 077
A5UFVEY WP\5 MADE UNDER MY 5UPERVISION 01-LU(5 K,L,M,
AND N, 5L.00K 87, CITY OF ASPEN, PITKIN COUNTY, COLORAGYO,
THE TAC STORY DRICK BUILDING WA5 FOUND TO PEE LOCATED 45
SHOWN HERECJN, THE. LOCATION AND DIMENSIONS OFALL. 5UILD-
1� ING5, IMPf OVEIvtENT5, FPSEMl=NT5, RIGHTS -OF -WAY IN EVIDENGF-
OR KKOWN TOME= AND FNCKQAQHMFNT5 6YORCN THESE PRE-
MISES ARE ACCt. WELY ,&H wN.
-_-� _ - �_-_l
O 5 10 20 1-210 i0 5p
5C'AI F, 10_ ,,01
5A515Or- F5EARING% FOUND Yf NO D184 5WCORNCR DL.CCt�---'"`- — --
TIZICQ MANf�C�MFNT JAMES C RE.SEK L,S. 9)18/-i
87 TO FOUNQ `(PC NO q)6NW CORNEK LOT K BLSxK87 DECE-MCTfZ 1511977
i
f F
TRICO MANPGEMENT
PCB 13OX 1-730
ASPEN , CbLORAD0, 81GI I
303-(D2D-2E$S
TITLE
IMPROVEMENT -5-TREY
LCTS K,L,M,N, CLOCK 87
CITY OF A5P _ J
605 NO. 7 7- IOO
CLIENT iJIENKEN�N
rJ' L)RVEYED 1 1/1 1/77
DFA' TED i2/io/-7-7