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HomeMy WebLinkAboutcoa.lu.ex.Kentz,Lot4-Blk1-SnowbunnySubd.1976 - ,...... CITY OF ASPEN ...... I II ..... I... - ... FINANCE DEPARTMENT CASHIER'S RECEIPT No. 759J5 o T rallic Ticket o Tow Ticket o liquor & Beer lie. o liquor Occupation Tax o Bicycle license o Sales Tax license o Contractor license o Business license o Court Fines o Spec. St. Assess. o Dog license o Maps, Codes & Zoning o Dog Impound Fee o Zerox Copies o Other ,-,1 ~ rl - ~ L ,,1 J ) 'I- r-- r ./ r ~ .1 j RECEIVED Z655# ****sO-at .iAH 2Q. '16 OF, <1'-1 -I , I, I , , , I, ." / L-_ - J .--; c-:.:.t ';f:' ~Al,,/c.u '. STATEMENT OF EXEMPTIon FROM THE DEFINITION OF S(ll'DIVISION WHEREAS, CLARENCE E. and ELEANOR Z. KENTZ (hereinafter known as "Owners") are the owners of the following described property located within pitkin County, Colorado, to wit: Lot 4, Block 1, Snowbunny Subdivisi.on, City of Aspen, colorado; and WHEREAS, there is situate on se.id parcel a duplex structure which Owners wish to condominiumize for purposes of conveying separate interest, and WHEREAS, Owners have made application to the City of Aspen for an exemption from the definition of subdivision for the proposed condominiumization and conveyance of separate interests; and made such applicatbn pursuant to Section 20-19(b) of the Aspen Municipal Code, arguing that the proposed subdivision is without the intents and purposes of subdivision regulation, and WHEREAS, the Aspen planning and zoning Commission considered said application at its meeting held February 3, 1976, and having re- viewed the same, uetermined that grant of s~ch exemption is appropriate provided that: 1. Owners shall agree to join (and waive opposition to) any future improvement district formed for the purposes of constructing street improvements (including sidewalk, curb, gutter or paving) or undergrounding of overhead utilities, proposed for an area which includes the subject property; and 2. Owners agree to reimburse the City for their proportionate share of the cost of any of the above improve- ments should the City elect to constrmct the same without formation of a special.assessment distrrict; and 3. That there be imposed a subdrivision dedication fee pursuant to the provisions of Seeti.on 20-18, the exemption .. of Section 20-18(a) (5) of the Municipal Code to the contrary notwithstanding; and WHEREAS, the Aspen City Council is in agreement with the determination that the proposed condominiumization is without the intents and purposes of subdivision regulation, wishes to grant the requested exemption, but to impose only the first and second condition itemized above; THEREFORE, please take notice that there be, and hereby is granted, an exemption from the definition of subdivision for the proposed condominiumization of the structure on the above-described property, and waiver of the requirements of Chapter 20 (Subdivision Regulations) with respect thereto, PROVIDED, that such exemption is conditioredon the compliance by the Onwers, their heirs, successors and assigns, of the conditions itemized in Paragraphs 1 and 2 above, and PROVIDED FURTHER, that such grant of exemption is given without imposition of any subdivision dedication fee all as provided by Date:aM.-Ufl/ I, KATHRYN S. HAUTER, City /G? /?7? / the Section 20-18(a) (5) of the Aspen Municipal foregoing exemption from definition subdivision was granted by the Aspen City Council at its regular meeting held February 9, 1976. ~ --t::~ )~J/~~-- ~IfRYN S' HAUTER, CI'l'Y CLERK STATE OF COLORA:-JO ) ) ss. : COUNTY OF PITKIN ) .. The foregoing was acknowledged before me this IC'?' day of .f '~/A~~d~~_____' 1976, by STACY STANDLEY III Mayor and city Clerk, respectively, of the City and KATHRYN S. HAUTER, of Aspen, Colorado. Witness my hand and official scial. -~~?fti:it~u'y ~~;;f;l-"---'-- ---- My Commission eXPircs:_)~~_()12.-L'___.. .It}u-r I., ~ :! (j , t: ~i I I a E ~ I I I , i I i I I I I , I I , , w Regular Meeting :--::-:----~-~::.-"-~-=-~-- Aspen City Council February 9, 1976 ==--== Councilwoman Johnston questioned page 10 of Ordinance #3, the provision that a partici- pant may be eligible for city's contributions prior to the creation of a retirement plan. Mayor Stangley said this provision only applies for participants from their beginning employment date with the City to the creation of the first retirement plan in 1972. There are only three employees affected and two of those don't plan to join now. ~ayor Standley said he would prefer to see the ordinance passed as it. Roll call vote; Councilmembers De Gregorio, aye; Johnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Behrendt, aye; Mayor Standley, aye. Motion carried. CITY MANAGER 1. Mall Report. City Manager Mahoney showed Council an old brick from St. Louis to be used for paving the mall. Mahoney told Council it would take 130 trucks to bring the bricks to Aspen and would cost approximately $400,000. Mahoney reported that members of the City staff, Mall,Commission, and Council having been going to various groups in town, Rotary, Eagles, etc., to present the mall plan. The City has been in touch with contractors to provide a management team. The -City is doing a thorough campaign of contacting people to give positive positions for the mall. Ma 2. City Hall. Mahoney requested a date for a study session for work on city hall. He told Council that Chick COllins, Dave Ellis, and Greg Cole would show Council a total plan for City Hall. This plan can be done in stages. The first stage would give City Hall fire protection and improve some of the mechanical problems. For little additional costs the space on the third floor could be made usable. Mayor Standley said he didn't feel a work session was necessary; this can be an agenda item for the next Council meeting. Ci reJ ORDINANCE #4, SERIES OF 1976 - Definition of Commercial Bakeries City Attorney Stuller reminded Council that when they considered S/C/I uses, they wanted a definition so that bakeries could not be extended into commercial uses. Or, De of Ba: Councilwoman Johnston moved to read Ordinance #4, Series of 1976; seconded by Councilman Behrendt. All in favor, motion carried. ORDINANCE #4 (Series of 1976) AN ORDINANCE AMENDING THE ASPEN ZONING CODE BY THE ADDITION OF SUBSECTION (bb) TO SECTION 24-3.1 SUCH AS TO PROVIDE FOR THE DEFINITION OF COMMERCIAL BEKERY; WHICH DEFINITION PROVIDES FOR PRODUCTION AND WHOLESALING OF BAKED GOODS BUT PROHIBITS OVER THE COUNTER SALES THEREOF ON THE PREMISES was read by the city clerk Roll call vote; Councilmembers JOhnston, aye; Parry, aye; Pedersen, aye; Wishart, aye; Behrendt, aye; De Gregorio, aye; Mayor Standley, aye. Motion carried. PENDING CITY APPLICATIONS FOR BLM USE PERMITS City Attorney Stuller requested Council's endorsement for the City's applications for a tank site in Aspen Grove acquired when the city bought the water facility. and an amendment of the City's present use permit on Red Mountain Storage tank. The latter is in order to initiate discussions and approvals of a package plant for Hunter Creek. City Attorney Stuller told Council the only things the City has on Red Mountain right now is storage tank and parking lot. Ms. Stuller said she would ask for an amendment of the City's present permit, or would ask to revive the City's purchase application. BU pel ASI & I Councilwoman Johnston moved to endorse the BLM applications; seconded by Councilman Wishart. All in favor,. motion carried. EXCHANGE OF DEEDS - MAROLT PROPERTY City Attorney Stuller said the City received the fire hydrant easement from Mrs. Marolt, and everything is in order. Mar exc dee Councilwoman Pedersen moved to accept the three deeds outlined in the City Attorney's memo and to-authorize Mayor Standley to ~xecute the other two; seconded by Councilman Wishart. All in favor, motion carried. EXEMPTIONS FROM SUBDIVISION Williams withdrew his request for an exemption statement. Pardee and Kentz are the other two. City Attorney Stuller said that P & Z imposed a dedication fee. even though they are exempt by the statute. The Council does not accept that condition. The Statement of exemption are drafted so that there is no dedication fee. Par Ken exe fro div Councilwoman Pedersen moved to approve the exemption from subdivision on' Pardee and Kentz: seconded by Councilman Wishart. All in favor, motion carr~ed. MOUNTAIN BELL/CITY OF ASPEN UNDERGROUNDING City Attorney Stuller presented Council with a statement of the City's proposal. Mountain Bell had five or six very minor comments. Ms. Stuller wanted to make sure that Council agreed this was their basic position. If so, she will meet with Mountain Bell and have an agreement and ordinance ready for the next Council meeting. Council agreed. Und ing I: I! ASPEN/PITK 130 so aspen, I I ~ \ \. ':'!,'.~ t,: : '\ \ 'l ,I... .. "'- " , - .. ing Department s t re e t 81611 :-- '~<_....... MEMORANDUM TO: Aspen Planning Commission FROM: Planning Staff (HC) RE: Kentz Subdivision Exemption DATE: January 29, 1976 This is a request for subdivision exemption pursuant to Section 20~~ of the Aspen Subdivision Regulations for condominiumization of the Kentz duplex located on Lot 4, Block 1, Snowbunny. The Planning Office recommends approval of the condominiumization conditional upon the requirements of the City Engineer. As yet, the City Council has not adopted the proposed open space dedication requirement change to remove the exemption for duplexes. Therefore, we cannot charge this fee to this development proposal. MEMO TO: HAL CLARK PLANNING DEPT. DAVE ELLIS ~~ CITY ENGINEER ~'~ FROM: DATE: Jan. 29,1976 RE: KENTZ SUBDIVISION EXEMPTION -(Lot 4, Blk.l, Snowbunny) The Engineering Department recommends subdivision exemption for this project with the following conditions: 1) The applicant agrees to join any future improvement districts formed for the purposes of constructing street improvements(including sidewalk, curb, gutter or paving) or under- grounding of overhead utility lines. 2) The applicant agrees to reimburse the city for his proportionate share of the cost of the above improvements should the city elect to construct them without the formation of a special assessment district. APPlICATION FOR EXEMPTION Pursuant to Section 20-19 of Chapter 20 of the Municipal Code of the City of Aspen, Clarence E. and Eleanor Z. Kentz hereby applies for an exemption from the definition of the term "subdivision" with respect to the real property described as: Lot Four, Block One, Snowbunny Subdivision, Pitkin County, City of Aspen, Colorado. The applicant submits that the exemption in this case would be appropriate. The application involves subdivision of an existing duplex into two condominiums and does not in any way increase the land use impact of that property. The applicant submits that such an exemption in the instant case would not conllict with the intent and purpose of the subdivision regulations which are directed to assist, among other things, orderly, efficient, and integrated development of the City of Aspen; to insure the proper distribution of population; to coordinate the need for public services; and to encourage well planned subdivision. They are directed to considerations of subdivision design and improve- ments and to restrict such building where it is inappropriate after considering its land use impact. In the present application those decisions cannot be made as the building exists, and the density would not effect the prevailing contemplated or desired population density on this property. We would greatly appreciate your consideration of this matter at your next regular meeting. Sincerely, ~,~~ ~IW4vL1 iq-e(""('~'<. '9- ~L? Clarence E. Kentz Eleanor Z. Kentz /J () l{ S'I?i /"It'jT lilt ",..t, Q'2J - J If'!