HomeMy WebLinkAboutcoa.lu.ec.Shaw Condominiumization 1982
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CASELOAD SUMMARY SHEET
City of As pen
1. DATE CERTIFIED COMPLETE: t~/ _ STAFF: AL~
2. APPLICANT: Uk qf _' .rlllY J:cd1 .Jha/D
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5. LOCATION:
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3. REPRESENTATIVE: (!11//{11:: ]Yql?C/( /Iol;"~, (I J:/h,.~
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4. PROJECT NAf.1E: ,\)Jt//' "0t1/d. &('~,('c;~ (f(}~d~f.tm/i'l:("'h)
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6. TYPE OF APPLICATION: lft;/t'! /;'/1 ()I
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GMP
PUD
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4 Step:
Subdivision
X Subdi vi s i on Excepti 011 (
CVDJomil.iJmUm +,;nv)
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2 Step:
GMP Exception (
__Rezoning (
SPA
1 Step:
Use Determination
Conditi ona 1 Use
Special Review (
)
HPC
No. of Steps:
Other:
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7, jWERRALS
~ttorney Sanitation District
~Engineering Dept. Mountain Bell
__Housing Parks
Water _Holy Cross Electric
_City Electric ~Fire Marshal/Building
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APPI'oved-,L Denied__
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School District
_Rocky Ntn. Nat. Gas
_State Highway Dept.
,,-.Fire Chief
Other
Dept.
8. DISPOSITION
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9. PRELIMINARY PLAT REFERRALS:
_Attorney
____Engineering Dept.
_Housing
Water
____City Electric
Sanitation District
Mountain Bell
Parks
____Holy Cross Electric
-"ire Marshal/Building Dept.
School District
____Rocky Mtn. Nat. Gas
____State Highway Dept.
Other
10. PRELIMINARY PLAT.. PUBLIC HEARING
p & Z Approved Denied
Date
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11. FINAL PLAT
Council
Approved Denied
Date
12. ROUTING:
/ Attorney
.Duilding /Engineering
Other
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MEMORANDUM
TO: Planning File
FROM: Alice Davis. Planning Office
RE: Shaw Subdivision Exception (Condominiumization)
DATE: May 11. 1982
An application was submitted to the Planning Office on March 9. 1982 for a
subdivision exception - lot split for the purpose of selling the Mother Lode
Restaurant to its current leasees. The application was referred to the Attorney's
and Engineering Offices. At the time the application was reviewed. it was
discovered that the parcel (Block 81. Lots N. O. P and Q with the Nother Lode
Restaurant located on Lot N) was not eligible for a lot split since there was no
development allocation for the vacant parcel (Lots P and Q) which would have
been created. Section 20-5(b) of the Code prohibits any subdivision without
first having a deve'lopment allocation.
In light of Section 20-5(b). the Planning Office considered the parcel ineligible
for a lot split and the application was not to proceed further. Allowing a
lot split would set a bad precedent by allowing the formation and possibly the
sale of a lot with no development rights. This could be an especially negative
precedent in residential zone districts.
The representative for the Shaw Estate. Chuck Brandt. held a meeting with Paul
Taddune. City Attorney. Sunny Vann and Alice Davis. Planning Office. in order to
find a method of allowing the Shaw Estate. the owner of the four parcels. to sell
the Nother Lode Restaurant to its current leasees. The parties agreed that a
subdivision exception for the purposes of condominiumization was the proper method
which would allow the Mother Lode to be sold.
The Shaw application was then revised to request the condominiumization and was
taken to the P & Z on May 4. 1982. The applicant. due to 'time restraints
regarding the closing of the sale of the Mother Lode. was allowed to go to
P & Z without comments on the condominium plat. but with comments on the
conceptual plat submitted for the lot split, When the condominium plat was
submitted on May 3. 1982. the day before the P & Z meeting. the Planning Office
discovered the applicant was requesting a condominiumization of land by dividin9
the four city lots into two parcels through phased condominiumization.
Both the Planning Office and the Attorney's Office felt a condominiumization
such as this was inappropriate and was an attempt to circumvent the intent of
the subdivision regulations. The Planning Office and Attorney's Office were under
the understanding that the Mother Lode structure was being condominiumized with the
four lots held in common ownerShip. In the1ight of a possible denial of the
application by P & Z. the applicant agreed to this type of condominiumization.
The application then received P & Z approval May 4. 1982 and Council approval
on May 10. 1982. both approvals subject to several conditions regarding plat
changes recommended by the Engineering Department and deficiencies to be corrected
which were identified through the Building Department's fire. health and safety
inspection.
The City of Aspen. simultaneously. has been condemning the easterly nine feet
of Lot Q for the expansion of the Wheeler Opera House. The City is also nego-
tiating the purchase and/or condemnation of Lots Nand 0 from the Shaw Estate.
If this purchase/condemnation is made. ithe condominiumization ~ be nullified
as a result of the sale of Lot P and Q to the Nother Lode 1easees.
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MENORANDUM
TO: Planning File
FROM: Alice Davis, Planning Office
RE: Shaw Subdivision Exception (Condominiumization)
DATE: May 11, 1982
An application was submitted to the Planning Office on March' 9, 1982 for a
subdivision exception - lot split for the purpaseaf selling the Mother Lode
Restaurant to its current 1easees. The applicattanwas referred to the Attorney's
and Engineering Offices. At the time the application was reviewed, it was
discovered that the parcel (Block 81, Lots N, 0, P and Q with the Mother Lode
Restaurant located on Lot N) was not eligible for a lot split since there was no
development allocation for the vacant parcel (Lots P and Q) which would have
been created. Section 20-5(b) of the Code prohibits any subdivision without
first having a deve'lopment allocation.
In light of Section 20-5(b), the Planning Office considered the parcel ineligible
for a lot split and the application was not to proceed further. Allowing a
lot split would set a bad precedent by allowing the formation and possibly the
sale of a lot with no development rights. This could be an especially negative
precedent in residential zone districts.
The representative for the Shaw Estate, Chuck Brandt, held a meeting with Fau1
Taddune, City Attorney, Sunny Vann and Alice Davis, Planning Office, in order to
find a method of allowing the Shaw Estate, the owner of the four parcels, to sell
the Mother Lode Restaurant to its current leasees. The parties agreed that a
subdivision exception for the purposes of condominiumization was the proper method
which would allow the Mother Lode to be sold.
I
I
The Shaw application was then revised to request the condominiumization and was
taken to the P & Z on May 4, 1982. The applicant, due to time restraints
regarding the closing of the sale of the Mother Lode, was allowed to go to
P & Z without comments on the condominium plat, but with comments on the
conceptual plat submitted for the lot split. ~hen the condominium plat was
submitted on May 3, 1982, the day before the P & Z meeting, the Planning Office
discovered the applicant was requesting a condominiumization of land by dividing
the four city lots into two parcels through phased condominiumization.
Both the Planning Office and the Attorney's Office felt a condominiumization
such as this was inappropriate and was an attempt to circumvent the intent of
the subdivision regulations. The Planning Office and Attorney's Office were under
the understanding that the Mother Lode structure was being condominiumized with the
four lots held in common ownership. In the1ight of a possible denial of the
application by P & Z, the applicant agreed to this type of condominiumization.
The application then received P & Z approval May 4, 1982 and Council approval
on May 10, 1982, both approvals subject to several conditions regarding plat
changes recommended by the Engineering Department and deficiencies to be corrected
which were identified through the Building Department's fire, health ahd safety
inspection.
The City of Aspen, simultaneously"has been condemning the easterly nine feet
of Lot Q for the expansion of the Wheeler Opera House. The City is also nego-
tiating the purchase and/or condemnation of Lots Nand 0 ft'om the Shaw Estate.
If this purchase/condemnation is made, ,the condominiumization ~ be nullified
as a result of the sale of Lot P and Q to the Mother Lode leasees.
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MEMORANDUM
TO: Aspen City Council
FROM: Alice Davis, Planning Office
RE: Shaw Estate Subdivision Exception - Condominiumization
DATE: May 4, 19B2
Location:
Zon~ng;
Applicant's
Request:
Engineering:
Attorney's
Office:
Buil di ng
Department:
Planning
Office Review:
CC
APPROVED AS TO FORM:
314 East Hyman Avenue; Block 81, Lots N,
Aspen Townsite
and Q,
The applicant is requesting a subdivision exception for the
purpose of condominiumizing the Mother Lode Restaurant which
is located on four city lots. The restaurant is located in
Block 81, Lots Nand 0 while Lots P and Q are currently
unimproved except for minor improvements relating to the
summertime use of these lots by the Mother Lode. The purpose
of the condominiumization is to permit the Dorothy Koch Shaw
Estate to sell the Mother Lode Restaurant to the present
lessees, with the land held in common ownership.
The Engineering Department has the following comments regarding
the application:
1. The following amendments must be made to the final plat
prior to recordation:
a, Sidewal~, curb, and gutter relative to property line.
b. Indicate utility meter locations.
c. Show usable portions of the second floor (adequate
ceiling height, etc.).
d. Show electric/communications easement on Lot Q as
specified in the May 4, 1982 memorandum from Engineering
to the Planning Office.
2. The applicant should obtain an encroachment license for
that portion of the Mother Lode which protrudes into the
Hyman Avenue right-of-way.
The Attorney's Office has stated that the proposed condominiumi-
zation should be reviewed in accordance with section 20-22
of the Code entitled "condominiumization."
The Building Department conducted a fire, life and safety
inspection on the Mother Lode, a code requirement for all
condominiumizations. Numerous problems were found during
this inspection, all of which are listed in the attached
April 29, 19B2 and May 4, 1982 memorandums from the Building
Department. Four of the situations dealing with safety must
.be corrected before the restaurant is re-opened. The electrical
deficiencies listed in the May 4, 1982 memorandum must be
corrected by the applicant and inspected by the Building
Department prior to July 1, 1982 or electrical service will
be disconnected.
Section 20-22(a) of the Code requires the owner of a, structure
being condominiumized to give the existing tenant the right
of first refusal to purchase the structure, Since the
purpose of the proposal is to allow the present lessees to
buy the Mother Lode, this requirement is being met. The
other requirements of Section 20-22 regarding employee
.
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Memo: Shaw Estate Subdivision
Page Two
May 4, 1982
,<"'"
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Exception - Condominiumization
P & Z Action:
housing and six month minimum leases do not apply since this
is an application for a commercial condominiumization and
the applicant has stated that there have been no employee
units on the subject property in the past 18 months.
The subject property consists of the four lots located
between the Wheeler Opera House and the Crystal Palace. The
easterly nine feet of Lot Q, immediately east of the Wheeler
Opera House is currently being condemned by the City of
Aspen for the expansion of the Wheeler. This condemnation
does not affect the proposed condominiumization.
In order to clarify the type of condominiumization proposed,
P & Z recommended that the plat be amended with the following
changes:
1. "Unit 2" on Lot Q should be eliminated and replaced with
"G,C,E. "
2. "G.C.E." on Lot 0 should be eliminated and rep 1 aced with
"L,C.E. "
3. "Phase One" should be removed from the plat's title.
These changes are to insure that the four lots are still
held in common ownership with Lot 0 limited to the use of
the Owners of Unit 1, the Mother Lode.
Planning Office
and P & Z
'Recommendation: The Planning and Zoning Commission and the Planning Office
recommends the approval of the request for condominiumization
of the Mother Lode Restaurant which is located at 314 East
Hyman Avenue, Block 81, Lots N, 0, P and Q, subject to the
following conditions:
1, Prior to recordation, the condominium plat must be amended
to include the following:
a, Sidewalk, curb, and gutter relative to property line,
b. Utility meter locations.
c, Usable portions of the second floor (adequate ceiling
height, etc,) must be indicated.
d. Electric/communications easement on Lot Q as specified
in the May 4, 1982 memorandum from the Engineering
Department.
e, The elimination of "Unit 2" and the additi on of "G.C. E."
on Lot Q.
f, The elimination of "G.C.E," and the addition of "L,C,E. ..
on Lot 0,
g, The elimination of "Phase One" from the plat's title.
2. The owner must obtain an encorachment license for the
portion of the Mother Lode which protrudes into the Hyman
Avenue ri ght-of-way..
3. The applicant must agree to correct any deficiencies
found through the Building Department's fire, life and
safety inspection prior to the City Council's review of
the application.
4. The applicant must submit a statement of exception document
to the Attorney's Office in a form acceptable to that
office.
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MEMORANDUM
TO: Aspen City Council
FROM: Alice Davis, Planning Office
RE: Shaw Estate Subdivision Exception - Condominiumization
DATE: May 4, 1982
Location:
Zoning;
Applicant's
Request:
Engineering:
Attorney's
Offi ce:
Building
Depa rtmen t:
Planning
Office Review:
CC
APPROVED AS TO FORM:
314 East Hyman Avenue; Block 81, Lots N,
Aspen Townsite
The applicant is requesting a subdivision exception for the
purpose of condominiumizing the Mother Lode Restaurant which
is located on four city lots. The restaurant is located in
Block 81, Lots Nand 0 while Lots P and Q are currently
unimproved except for minor improvements relating to the
summertime use of these lots by the Mother Lode. The purpose
of the condominiumization is to permit the Dorothy Koch Shaw
Estate to sell the Mother Lode Restaurant to the present
lessees, with the land held in common ownership,
The Engineering Department has the following comments regarding
the application:
1. The following amendments must be made to the final plat
prior to recordation:
a. Sidewalk, curb, and gutter relative to property line.
b. Indicate utility meter locations.
c. Show usable portions of the second floor (adequate
ceiling height, etc,).
d. Show electric/communications easement on Lot Q as
specified in the May 4, 1982 memorandum from Engineering
to the Planning Office,
2. The applicant should obtain an encroachment license for
that portion of the Mother Lode which protrudes into the
Hyman Avenue right-of-way.
The Attorney's Office has stated that the proposed condominiumi-
zation should be reviewed in accordance with section 20-22
of the Code entitled "condominiumization,"
The Building Department conducted a fire, life and safety
inspection on the Mother Lode, a code requirement for all
condominiumizations. Numerous problems were found during
this inspection, all of which are listed in the attached
April 29, 1982 and May 4, 1982 memorandums from the Building
Department. Four of the situations dealing with safety must
be corrected before the restaurant is re-opened. The electrical
deficiencies listed in the May 4, 1982 memorandum must be
corrected by the applicant and inspected by the Building
Department prior to July 1, 1982 or electrical service will
be disconnected.
Section 20-22(a) of the Code requires the owner of a structure
being condominiumized to give the existing tenant the right
of first refusal to purchase the structure. Since the
purpose of the proposal is to allow the present lessees to
buy the Mother Lode, this requirement is being met. The
other requirements of Section 20-22 regarding employee
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,
Memo: Shaw Estate Subdivision Exception - Condominiumization
Page Two
May 4, 1982
P & Z Action:
Planning Office
and P & Z
Recommendation:
housing and six month mlnlmum leases do not apply since this
is an application for a commercial condominiumization and
the applicant has stated that there have been no employee
units on the subject property in the past 18 months.
The subject property consists of the four lots located
between the Wheeler Opera House and the Crystal Palace. The
easterly nine feet of Lot Q, immediately east of the Wheeler
Opera House is currently being condemned by the City of
Aspen for the expansion of the Wheeler. This condemnation
does not affect the proposed condominiumization.
In order to clarify the type of condominiumization proposed,
P & Z recommended that the plat be amended with the following
changes:
1. "Unit 2" on Lot Q should be eliminated and replaced with
"G.C. E."
2, "G,C.E." on Lot 0 should be eliminated and replaced with
"L.C.E."
3. "Phase One" should be removed from the plat's title.
These changes are to insure that the four lots are still
held in common ownership with Lot 0 limited to the use of
the owners of Unit 1, the Mother Lode.
The Planning and Zoning Commission and the Planning Office
recommends the approval of the request for condominiumization
of the Mother Lode Restaurant which is located at 314 East
Hyman Avenue, Block 81, Lots N, 0, P and Q, subject to the
following conditions:
1. Prior to recordation, the condominium plat must be amended
to include the following:
a. Sidewalk, curb, and gutter relative to property line.
b. Utility meter locations,
c. Usable portions of the second floor (adequate ceiling
height, etc.) must be indicated.
d. Electric/communications easement on Lot Q as specified
in the May 4, 1982 memorandum from the Engineering
Department.
e. The elimination of "Unit 2" and the addition of "G.C.E."
on Lot Q.
f. The elimination of "G.C.E." and the addition of "L.C.E."
on Lot 0,
g. The elimination of "Phase One" from the plat's title.
2. The owner must obtain an encorachment license for the
portion of the Mother Lode which protrudes into the Hyman
Avenue right-of-way.
3. The applicant must agree to correct any deficiencies
found through the Building Department's fire, life and
safety inspection prior to the City Council's review of
the application.
4. The applicant must submit a statement of exception document
to the Attorney's Office in a form acceptable to that
office.
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MEMORANDUM
TO:
Alice Davis, Planning Office
Jay Hammond, Engineering Department ~
FROM:
DATE:
May 4, 1982
RE:
Shaw Condominiumization, Lots N, 0, P and Q, Block
81, O.A.T.
-------------------------------------------------------------
Having reviewed the above application for condominiumization
of the Mother Lode restaurant and made a site inspection,
the Engineering Department has the following comments:
1. Prior to recordation, the plat should be amended to
include the following:
a. Sidewalk, curb, and gutter relative to property
line.
b. Indicate utility meter locations.
c. Show useable portions of the second floor
(adequate ceiling height, etc.)
d. Show electric/communications easement on Lot Q.
2. The Engineering Department is requesting that the
applicant provide an electric/communications easement on Lot Q
described as follows:
The Northerly 7 feet of the Easterly 19 feet of Lot Q,
Block 81, Original Aspen Townsite, City of Aspen, pitkin County,
Colorado except the Easterly 9 feet thereof.
3. The applicant should obtain an encroachment license for
that portion of the Mother Load which protrudes into the Hyman
Avenue Right-of-Way.
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MEMOfiMIDU~l
TO: Alice Davis, Planning
FROM: John Ostwald, Building Inspector
.'
DATE: April 29, 1982
RE: Motherlode
Fire, Life & Safety Inspection
Below is a list of what was found during a Fire, Life & Safety
Inspection made by the Building Department of the Motherlode:
(1 )
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(1:3)
Mechanical needs work
Fireplace chimney flue asbestos pipe illegal
Glass in exit doors not the right type
Change floor level at kitchen needs a sign
No handrail on stairs
Fire extinguishers for range expired
No ventilation for laundry facilities
Water pipe undersized
Flex lines on water heater unprotected
Apartment lacks safety features and heat
Hood vented toQclose to doors
Illegal exit through kitchen
Exit doors 'have deadbolts - require a sign stating these doors
must remain unlocked during business hours
.
.
I
Items highlighted will require correction before re-opening.
.
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MEMORANDUM
TO: Alice Davis, Planning >BL --"
FROM: Stan Stevens, Building Dept. a
DATE: May 4, 1982
RE: Fire, Life & Safety Inspection of
Mother Lode Restaurant
On April 30, 1982, an electrical inspection was made at the
subject property. The following is a summary of deficiencies
noted during that inspection.
(A) Service
1) Service disconnect capacity to be recalculated and
resized to meet the connected load.
2) Service grounds to meet Article 250-71, 72, 81 and
83,
(B) Wiring
1) All wiring to meet Aspen Code Section 7-159 (all
wiring to be enclosed within armor raceway)
2) All appliances to be grounded.
3) Recepticals to be provided at each cord and plug
(no extension cords allowed).
4) All damaged cords and plugs to be replaced,
(C) Grounding
1) All 'flex' to be limited to six feet or separate
ground wire provided.
2) In back unit, provide ground circuit at each receptical.
(D) Other
1) GFI recepticals required in bathroom of rear unit.
2) Switched exit light and switchable light in each room
of rear unit is required.
3) All branch wires must be protected with a circuit
breaker when fed from a larger size feeder conductor.
:'
,,-.......
'............
"
-'
Alice Davis
May 4, 1982
Page 2
4) All motors to be within sight of their disconnects
or controllers.
These items must be corrected and inspected for compliance
prior to July 1, 1982 or electrical service will be disconnected.
,...,
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MEMORANDUM
TO: Alice Davis, Planning
FROM: John Ostwald, Building Inspector
DATE: April 29, 1982
RE: Motherlode
Fire, Life & Safety Inspection
Below is a list of what was found during a Fire, Life & Safety
Inspection made by the Building Department of the 110therlode:
(1) Mechanical needs work
(2) Fireplace chimney flue asbestos pipe illegal
(3) Glass in exit doors not the right type
(4) Change floor level at kitchen needs a sign
(5) No handrail on stairs
(6) Fire extinguishers for range expired
(7) No ventilation for laundry facilities
(8) Water pipe undersized
(9) Flex lines on water heater unprotected
(10) Apartment lacks safety features and heat
(11) Hood vented to close to doors
(12) Illegal exit through kitchen
(13) Exit doors have deadbolts - require a sign stating these doors
must remain unlocked during business hours
Items highlighted will require correction before re-opening.
,>,. '.
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MEMORANDUM
TO: Alice Davis, Planning
.
FROM: Stan Stevens, Building Dept.
DATE: May 4, 1982
RE: Fire, Life & Safety Inspection of
Mother Lode Restaurant
On April 30, 1982, an electrical inspection was made at the
subject property. The following is a summary of deficiencies
noted during that inspection.
(A) Service
1) Service disconnect capacity to be recalculated and
resized to meet the connected load.
2) Service grounds to meet Article 250-71, 72~ 81 and
83.
(B) Wiring
1) All wiring to meet Aspen Code Section 7-159 (all
wiring to be enclosed within armor raceway)
,2) All appliances to be grounded. .
3) Recepticals to be provided at each cord and plug
(no extension cords allowed).
4) All damaged cords and plugs to be replaced.
(C) Grounding
1) All 'flex' to be limited to six feet or separate
ground wire provided.
2) In back unit, provide ground circuit at each receptical,
(D) Other
1) GFI recepticals required in bathroom of rear unit,
2) Switched exit light and switchable light in each room
of rear unit is required,
3) All branch wires must be protected with a circuit
breaker when fed from a larger size feeder conductor.
,-,
.
Alice Davis
May 4, 1982
Page 2
'",.....
.
4) All motors to be within sight of their disconnects
or controllers.
These items must be corrected and inspected for compliance
prior to July I, 1982 or electrical service will be disconnected.
I" '
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MEMORANDUM
TO: Alice Davis, Planning Office
FROM:
Jay Hammond, Engineering Department ~
DATE:
May 4, 1982
RE:
Shaw Condominiumization, Lots N, 0, P and Q, Block
81, O.A.T.
Having reviewed the above application for condominiumization
of the Mother Lode restaurant and made a site inspection,
the Engineering Department has the following comments:
1, Prior to recordation, the plat should be amended to
include the following:
a. Sidewalk, curb, and gutter relative to property
line.
b. Indicate utility meter locations.
c. Show useable portions of the second floor
(adequate ceiling height, etc.)
d. Show electric/communications easement on Lot Q.
2. The Engineering Department is requesting that the
applicant provide an electric/communications easement on Lot Q
described as follows:
The Northerly 7 feet of the Easterly 19 feet of Lot Q,
Block 81, Original Aspen Townsite, City of Aspen, pitkin County,
Colorado except the Easterly 9 feet thereof.
3, The applicant should obtain an encroachment license for
that portion of the Mother Load which protrudes into the Hyman
Avenue Right-of-Way.
JH/co
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Alice Davis, Planning Office
RE: Shaw Estate Subdivision Exception - Condominiumization
DATE: April 29, 1982
Location:
Zoning:
Applicant's
Request:
Engineering
Department:
Attorney's
Office:
Building
Department:
Planning
Office Review:
314 East ~yman Avenue; Block 81, Lots N, 0, P and Q, Original
Aspen Townsite
CC
The applicant is requesting a ~ubdivision exception for the
purpose of condominiumizing the Mother Lode Restaurant which
is loc~ted on four city lots. The restaurant is located in
Block 81, Lots Nand 0 while Lots P and Q are currently
unimproved except for minor improvements relating to the
summertime use of these lots by the Mother Lode. The purpose
of the condominiumization is to permit the Dorothy Koch Shaw
Estate to sell the Mother Lode Restaurant to the present
lessees, with the land held in common ownership.
The Engineering Department had the following comments regarding
the submitted plat:
1. The plat submitted is not sufficient for recording and
should be redone for final plat review in order to include
the items required in Section 20-15 of the Code entitled
"Final Plat - Contents." The applicant will have submitted
the final plat by the May 4 1982 P & Z meeting and the
Engineering Department will have further comments on the
plat at that time.
2. The Mother Lode structure will need to obtain an encroachment
license for the encroachment into the public right-of-
way.
3. The Engineering Department requests that the applicant be
required to grant a multi-purpose easement for electric
and communication utilities, The easement's location is
described in the attached memorandum from the Engineering
Department.
The Attorney's Office has stated that the proposed condominiumi-
zation should be reviewed in accordance with Section 20-22
of the Code entitled "Condominiumization".
The Building Department has scheduled, but has not yet been
able to complete a life, health and safety inspection on the
Mother Lode. This inspection is required by the Code prior
to P & Z's review of a condominiumization. Comments regarding
the inspection will be available at the Tuesday, May 4, 1982
meeting,
Section 20-22(a) of the Code requires the owner of a structure
being condominiumized to give the existing tenant the right
of first refusal to purchase the structure. Since the
purpose of the proposal is to allow the present lessees to
buy the Mother Lode, this requirement is being met. The
other requirements of Section 20-22 regarding employee
housing and six month minimum leases do not apply since this
is an application for a commercial condominiumization.
The subject property consists of the four lots located
between the Wheeler Opera House and the Crystal Palace. The
easterly nine feet of Lot Q, immediately east of the Wheeler
-
........
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Memo: Shaw Estate Subdivision Exception - Condominiumization Page Two
April 29, 1982
Opera House is currently being condemned by the City of
Aspen for the expansion of the Wheeler. This condemnation
does not affect the proposed condominiumization.
Planning Office
Recommendation:
The Planning Office recommends the approval of the request
for condominiumization of the Mother Lode Restaurant which
is located at 314 East Hyman Avenue, Block 81, Lots N, 0, P
and Q, subject to the following conditions:
1, The owner must obtain an encroachment license for the
Mother Lode structure for the encroachment into the
public right-of-way.
2. A multi-purpose easement (described in the attached,
April 8, 1982, memorandum from the Engineering Department)
for electric and communication utilities must be granted
by the owner and shown on the final plat.
Other conditions may be appropriate after further information
is obtained from the Engineering Department regarding the
adequacy of the final plat which has not yet been submitted,
Also, conditions pertaining to the Building Department's
inspection may be necessary. This information will be
available at the May 4, 1982 meeting.
o
o
HOLLAND & HART
ATTORNEYS AT LAW
DENVER, COLORADO OFFICE
555 SltVENTEENTH STREET
SUITE 2900
600 EAST MAIN STFlEET
ASPEN, COLORADO 8161)
TELEPHONE (303) 92$-3476
WASHINGTON, Q. C. OFFICE
1875 EVE STREET, N. W.
SUITE 1200
DENVER, COLORADO 80202
TELEPHONE (303) 575-8000
TELECOPIER (3031 575-8261
WASHINGTON, D. C. 20006
TELEPHONE (202) 466-7340
TELECOPJER (202) 466-7354
BILLINGS. MONTANA OrFICE
SUITE 1400
f75 NORTH 27TH STREET
BilliNGS, MONTANA 59101
TELEPHONE (406) 252-2166
TELECOPIER (406) 252-1669
LARAMIE, WYOMING OFFICE
HOLLAND & HART & KITE
"WyOMING ~""TNE"SH'"
April 21, 1982
618 GRANO AVENUE
LARAMIE,WYOMING 82070
TELEPHONE (307) 742-8203
TELECOPIER (307) 792-7618
HAND DELIVERED
City of Aspen
Planning and Zoning Commission
130 South Galena Street
Aspen, Colorado 81611
Attention: Mr. Sunny Vann
Ladies and Gentlemen:
This letter is in amendment to our letter of March 9,
1982, requesting a subdivision exception to divide Lots
N, 0, P and Q of Block 81, Aspen Townsite into two parcels,
each containing two lots. Because of the problems that have
been uncovered as to a subdivision exception, request is
hereby made, rather, for subdivision exception approval to
condominimize the Mother Lode Restaurant on Lots Nand 0 as
well as the undeveloped Lots P and Q.
I hereby make specific reference to the second page of
our letter of March 9 which explains my reasons in support
of this request, These reasons apply equally to this request
for condominization of the entire parcel and subsequent
conveyance of the Mother Lode Restaurant as a condominium
unit and, further, a conveyance of buildings to be built on
the remaining lots.
Please refer to the Title Commitment enclosed with our
letters of March 9 and April 14 as to title of the property.
Please also apply the $475.00 enclosed with that letter
toward the fees required for this application for condomini-
zation and inform me whether there is an excess or an
additional fee is required.
Thank you for your attention.
CTB:go
Enclosure
cc: Michael D. Martin,
Mr. C, A. Via",
~1Z/
Charles T. Brandt
for HOLLAND & HART
Esq.
o
o
HOLLAND & HART
ATTORNEYS AT LAW
DENVER, COLORADO OFfiCE
555 SEVENTEENTH STREET
SUITE 2900
DENVER, COLORADO 80202
TELEPHONE (303) 575-8000
TELECOPIER (303) 575-8261
WASHINGTON, D. C. OFFICE
BILLINGS. MONTANA orTleE
SUITE 1400
175 NORTH 27TH STREET
BilLINGS, MONTANA 59101
TELEPHONE (406) 252-2166
TELECOPIER (406) 252-1669
April 14,
f~~;:t~:" .:":~i~~::
~l...\ HOceAN RT & K'"
^ ,~
': h2.PEN /, Pi,TY,' ~,"'J "'~'O'" TN",,"SH'"
(,;.'4": -.' .' ._"",, ,'" 'e1e'.GRANO AVENUE
'); "t':t:,;<_ r_-;~CAt~IEIWYOMING 82070
TELEPHONE: (307) 142-8Z03
TELECOPIER (3~7) 792-7818
600 EAST MAIN STREET
ASPEN, COLORADO 81611
TELEPHONE: (303) 92$-3476
1982
,
Ms. Alice Davis
Planning & Zoning
City of Aspen
130 S, Galena
Aspen, CO 81611
Re: Shaw Subdivision
Dear Ms. Davis:
Please find enclosed the title commitment from Colorado
West Title showing ownership of Lots P & Q, Block 81, in the
Estate of Dorothy Shaw. This, with the commitment for
Lots N & 0 that I sent, should sufficiently prove ownership.
Thank you for your attention,
YOUilJi] I
PhiJi~~R,~James
fpiVfIo Ablo & HART
v
,
PRJ:go
Enclosure
",....,
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"""
MEMORANDUM
TO:
Colette penne, Planning Office
Louis Buettner, Engineering Departme~
April 8, 1982
FROM:
DATE:
RE:
Shaw Estate Subdivision Exception
---------------------------------------------------------------
After reviewing the application and inspecting the site for the
above exception, the Engineering Department has the following
comments:
1, The plat submitted is not sufficient for recording.
2. The plat submitted is an improvement survey for the
structures on Lots M, Nand 0 showing footprints only.
3. The following information should be shown on any plat
for review.
a. Title of project.
b, Adjoining properties,
c. Locations of curb, gutter, and sidewalk from
property line or centerline of the street right-of-way.
d. Utility service locations on existing structures.
e, All other information required for a complete
subdivision plat,
4. All approval certificates as required on subdivision plats.
The structure located on Lot N will need to obtain an encroachment
license for the encroachment into the public right-of-way.
The engineering does hereby request the applicant to grant a
multi-purpose easement for electric and communication utilities.
The easement should be located as herein described:
The Northerly 7.00 feet of the Easterly 19.00 feet,
of Lot Q, Block 81, Original Aspen Townsite, City
of Aspen, Pitkin County, Colorado, except the Easterly
9.00 feet thereof.
LB/co
,.,
...".,......
PEN
130
asp
MEMORANDUM
DATE: April 8, 1982
TO: Alice Davis
FROM: Gary Esar~
RE: Shaw Estate Subdivision Exception (Lot Split)
I assume this four-lot parcel merged pursuant to Section
20-4(c). A Section 20-19(b) exemption application is
consistent with what we've done in the past with these
lot splits. You've explained to me that the prohibition
contained in Section 40-5(b) has been interpreted as not
applicable to cases s~h as this wherein GMP-exempt
development rights are'applicable (6,000 sq. ft.,
single-family) .
There are no other issues or problems that I can see.
GSE:mc
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COMMITMENT FOR TITLE INSURANCE
CHICAGO TITLE INSURANCE COMPANY, a corporation of Missouri, herein called the Company, for
a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Schedule A, in favor of the proposed Insured Ilamed in Schedule A, as owner or mortgagee of the estate or
interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiullls and
charges therefor; all subject to tile provisions of Schedule A and J> and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of
the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the
time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the iS~'..lance of such policy or policies of title insurance and all liability
and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy
or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or
policies is not the fault of the Company, This Commitment shall not be valid or binding until countersigned by
an authorized officer or agent.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become
valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws.
This Commitment is effective as of the date shown in Schedule A as "Effective Date."
Issued by:
COLORADO WEST TITLE INSURANCE
COMPANY
818 Colorado Avenue, Suite IOI
P. 0, Box 925
Glenwood Springs, Colorado 8I601
(303) 945.227I or 945.2272
CHICAGO TITLE INSURANCE COMPANY
By: /J7~ zJ /P
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CONDITIONS AND STIPULATIONS
1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered b)' this Commitment other than those shown
in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be
relieved from liability for any loss or dam<!ge resulting from any act of reliance hereon to the extent the Company
is prejudiced by failure to so disclose such knowledge, If the proposed Insured shall disclose such knowledge to the
Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse
claini or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but
such amendment shall not relieve the Company from li3bility previously incurred pursuant to paragraph 3 of these
Conditions and Stipulations.
3. Liability of the Company under this CommItment shall be only to the nanled proposed Insured and soch parties
included, under the definition of Insured in the form of policy or policies committed for and only for actual loss
incurred in reliance hereon in undertaking in good faitll (a) to comply with the requirements hereof, or (b) to
eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon
covered by tllis Commitment. In no event shaJJ such liability exceed the anlOunt stated in Schedule A for the policy
or policies committed for and such liability is subject to the insuring provisions, the Exclusions from Coverage and
the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured
which arc hereby incorporated by reference and are made a part of this Commitment except as expressly modified
herein.
4. Any claim of loss or danlage, whether or not based on negligence, which arises out of the status of the title to the
estate or interest or the lien of the insured mortgage covered hereby, or any action asserting such claim, shall be
restricted to the provisions and Conditions and Stipulations of thjs Conunitment.
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SCHEDULE A
,-
March 31,
8:00 A.M.
1982
C:iS-C No
Premium:
p..02u58-82
I. Errcctive Dale:
-~-----~-~---_.
Loan
$1,212.00
2. Policy or Policies 10 be issued:
A. ALT A Owner's Policy
Proposed Insured:
Amount S
B. ALTA Loan Policy
PJOposed Insured:
Amount $
600,000.00
Bank of Aspen
c.
Amoun t $
3. The estate or interest in the land described or referred to in this COJlllllitlJlCnt and covered herein is ;:\ fee simple, and tilk thcrrto is
the effective date-hereof vested in:
Estate of Dorothy Koch Shaw
4. The land referred to in the Commitment is described as follows:
Lots Lettered P and Q
Block Eighty-One (81)
To,on of Aspen
County of pitkin
State of Colorado
2/18/82 gsv
SCHEDULE A - PAGE 1 - NO.
Page 1
F.2881
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SCHf,DULE B
HCTION 1 P -02 -.58 -82
REQUIREMENTS
The [allowing arc the requirements to be complied with:
llem (a) Payment to~ or for the aCC01.JIlt ,?f the gr;mtoJs or mortptlHS of the full consideration for the estate or interest to be insu
Item (b) Proper inSlrument(s) crc3ting the cst,i1c or interest to be insu/C'd must be executed 311d duly filcd for record, to wit:
/ '
i
1. Deed of Trust from the estate 6f Dorothy Koch Shaw to the Public Trustee
of Pitkin County securing Bank of Aspen.
2. Release of the Colorado Inheritance Tax Lien upon the land described
in Schedule A in the Estate of Dorothy Koch Shaw, Deceased.
3. Order of the Court in Probate No. 79PR4 of the District Court of
pitkin County authorizing the within contemplated transaction.
NOTE: This Documentation seems necessary since documents now of
record appear to limit the actions of Harry E. Shaw as personal
representative of the ~state of Dorothy Koch Shaw to other
property belonging to the estate.
Itcm (c) Payment of all taxes, charges or assessments) levied llnd asses>cd llgainst lhe subject prl:miscs which are due and pay.able.
No Tax Certificate ordered
Ilt:l1l (d) Addlt i01l3! requircments, i[ any. discloscd' below:
1. Release of a Deed of Trust from Harry E. Shaw as Personal Representative
of the Estate of Dorothy Koch Shaw to the Public Trustee of pitkin County
securing the Bank of Aspen, said deed dated January 14, 1982 and recorded
January 19, 1982 as Document No. 238437 in Book 419 at page 979.
If the above Deed of Trust is not released it will appear as an
Exception under Schedule B of the Final Policy.
2. Release of a Lien by Building Components against the City of Aspen
purporting to affect Lot Q of Bloek 81, City of Aspen, said Lien recorded
March 29, 1982 as Document No, 240217 in Book 424 at Page 220.
NOTE:
/
SCHEDULE B - SECTION 1 ~ PAGE 1 - NO.
Page 2
F, :'882 R. 9/76
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SCHEDULE B
SECTION 2
p-02-58-82
, EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following matters unless the same arc disposed of to the satisfaction (
the Company: . . .... ..
J. Rig.l1 L'\ or claims of parties in posscssio~ not shown by the public records.
2. Easements, or claims of ctlscmcnts, not shown by the plJblic Iccords.
3_ Discrepancies. conOicts in bOlJlldary Jines, short:lge in area, encro<lchmcnls, and any facts wllich a correct survey and inspection of th
JHCll1j~CS would disclo.5e <lOd which (Ire not shown by the public records.
4. Any lien, or right to cl lien, for services,13.bor or material heretofore or !Jereaftel furnished, imposed by law and not shown by 111e pubJi
record5.
5. Defects, liens, cnculllbnmces, adverse claims or other matters, if any, crc~t("d, first appearing in the public recOlds or att<lching subscqucn
to the effectivc dalc hereof but prior to the date the proposed insured 3i:qllires of record for value the estate or inlCl(-,st Of llwrtf,:lf'
thereon coveled by this Commitment.
6. Taxes or special assessments \vhich arc not shown as existing liens by the public lecords.
7. In <lddition, the owner's policy will be subject to the mortgage. jf any, noted under item one of Section 1 of S.::heduJe B hereof.
8. Reservations and exceptions contained in united states Patents to
the described property including:
No title shall be hereby acquired to any mine of gold, silver,
cinnabar or copper, or to any valid mining claim or possession
held under existing laws; and provided further, that this deed
is hereby made and declared to be subject to all the conditions,
limitations and restrictions contained in section 2366 of the
Revised statutes of the united states, so far as the same is applicable
thereto, all as common to the land contained in the original
Townsite of Aspen.
9. Rights or claims of any parties in possession of parts or portions
of the described property under leases or rental agreements on either
long term or month to month agreements and any and all assignments
thereof including Book 415 at Page 887.
10, Taxes or special assessments which are not shown as existing liens
by the public records, and possible liens, if any, for taxes or
special assessments which are not required to be certified to the
County Treasurer to become liens on the land described herein.
11. Any unpaid taxes and 1981 taxes, a lien not yet due and payable.
NOTE: In the event of payment of any unpaid taxes, a copy of the
Tax Receipt must be furnished to the Company prior to the
issuance of any Final Policy.
SCHEDULE B - SECTION 2 - PAGE 1 - NO.
Page 3
,
o
o
HOLLAND & HART
ATTORNEYS AT LAW
WASHINGTON, D_ C. OFFICE
1875 EYE: STREET, N. W.
-J>-,. SUITE 1200
DENVER, COLORADO OFFICE
555 SEVENTEENTH STREET
SUITE 2900
DENVER, COLORADO 80202
TELEPHONE (303) 575-8000
TELECOPIER (303) $7$-5261
600 EAST MAIN 5TFlEET
ASPEN, COLORADO BI611
WASHINGTON, D. C. 20006
NE (202) 466-7340
ER (202) 466-7354
,
BILLINGS, MONTANA OFFICE
SUITE 1400
175 NORTH 27TH STREET
BILLINGS, MONTANA 59101
TELEPHONE (406) 2S2~2166
TELECOPIER (406) 252-1669
TELEPHONE (303) 925-3476
, O\f@~
~~\\ A. p. R 1 31982
\ - RAND AVENUE
I:. ~S~EN > PITKIN cct::::~E~;;:;7\N7::_:0270~
PLANNING OFnC~nEcoPIER l307) 792-7618
,
,WYOMING OFFICE
DO. HART & KITE
,..GP"RTNEIlSH'P
April 12, 1982
Ms. Alice Davis
Planning & Zoning
City of Aspen
130 S, Galena
Aspen, CO 81611
Re: Shaw Subdivision
Dear Ms. Davis:
Please find enclosed the title commitment for Lots
N & 0 of the Shaw Subdivision dated February 9, 1982, The
commitment for Lots P & Q is underway at Colorado West and I
will send it as soon as we receive it.
Thank you for your help over the phone today.
James
& HART
PRJ:go
Enclosure
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SCHEDULE A
I. Effective Date:
February 9, 1982
8:00 A.M.
Case No.
P-I0-519-81 Revised
2. Policy or Policics to be issued:
A. ALT A Owner's Policy
Proposed Insured:
Gordon L. Whitmer and
Howard F. Ross
Amolln t $ 300, 0 0 0 . 00
B. ALTA Loan Policy
Proposed Insured:
Amount $
c.
Amount $
3. The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simple, and title thereto is at
the effective dale hereofyested in:
Estate of Dorothy Koch Shaw
4. The land referred to in the Commitment is described as follows:
Lots Lettered N, 0
Block Eighty-One (81)
Townsite of Aspen
County of pitkin
State of Colorado
2/18/82 gsv
SCHEDULE A - PAGE 1 - NO.
Page 1
r= ?RRl
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SCHEDULE B
SECTION 1 P-IO-519-81-Revised
REQUIREMENTS
TIle following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly med for record, to wit:
1. Release of the Colorado Inheritance Tax Lien upon the land described
in Schedule A in the Estate of Dorothy Koch Shaw, Deceased.
2. Order of the Court in Probate No. 79PR4 of the District Court of
pitkin County authorizing the within contemplated transaction.
NOTE: This Documentation seems necessary since documents now of
record appear to limit the actions of Harry E. Shaw as personal
representative of the Estate of Dorothy Koch Shaw to other
property belonging to the estate.
3. Deeds or evidence of proper legal proceedings, approved by an attorney
for Chicago Title Insurance Company, disposing of the interests of the
following named parties with regard to Lots Nand 0, Block 81, Townsite
of Aspen, County of Pitkin, State of Colorado, to wit: Jno. McKenzie,
'"
John MacKenzie, John McKenzie, John Mckenzie, ~ohn Mackenzie, Archibald
McKenzie, Mary Baer, John Baer, John Thorn, Clavel & Company, Louisa
Fost, Louisa Fort, S'.C. Stinemeyer, Estate of \\Tm. R. Shaw also known as
William R. Shaw, Robert Shaw, A. McKinzie.
MARKETABILITY:
will guarantee
provisions, but
decree has been
which no action
its effect.
If a quiet title suit is necessary, the policy issued
fee ownership and possession in accordance with its
will not insure the title as marketable until the
procured and remained of record for six months during
has been initiated to set it aside or otherwise impair
4. Personal Representative Deed from the Estate of Dorothy Koch Shaw to
Gordon L. Whitmer and Howard F. Ross conveying the property described
in Schedule A hereto.
J tem (c) Payment of all taxes, charges or assessments, levied and assessed against the subject premises which are due and payable.
No Tax Certificate ordered.
Item (d) Additional requirements, if any, disclosed below:
SCHEDULE B - SECTION 1 - PAGE 1 - NO.
Page 2
f'. 2882 R. 9/76
I
,
,
,
f.... .
L;_...;:,.,,;-...."'-'=,..;:..-.;..
'.. "',"~,""o' ~'~~"" ""'-'''~~f~;I,'jir~;-~~~"\;~.,~l,.,lo1,, '.'1'" ~:j,~.,;:'~'. (~C<io,~,Fil~:0.',
. ~,-.:;'-...,,~+.. - <~.'l'".:..'I--..,__,._'l!i'~-;(.-::;"J.~....-:.;;-'c-.~-,~,.~, ,.
:~~,~~;.......~iw:~...~~,~'--~~~_.2::'.;,.~:;>~!;~~.l~i.~;:f~~~:t l::~tL2!;~~:]l~l~~:.:oj~~~~:;.___"---~.;....~~;._~~~~"'~..),:..,__~~....:~
---._.,..<"....::.~ .."."'..,...-....~,
'.-:''''''--~< -..
SCHEDULE B
SECTION 2
P-IO~519~81-Revised
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the following lIl;j{tcrsulllcs$ the same arc dfsposed of to the satisfaction of
the Cump:my:
I. RiZJ1 ts or claims of parties in possession not 5h own by the public records.
2. Eascmrnts, Or claims of casements, not shown by the public records.
3. Discrepancies, conOicts in boundary lines, shortage in ::lrea, C'flcroachments, ..lOel any facts which a correct survey and inspection of the
premises would disclose and which <lfe not shuwn by the public records.
4. A ny lien, or right to a lien, for services, labor or material hcrl'toforc or hereafter furnished, imposed by Jaw and not shown by Ihe public
records,
:'" D~-.rects, liens, encumbrances, adverse claims or other mailers, if :my, created. first 3.ppcaring in the public records or at taching suhsequent
to the effeclive date hereof but prior to the elate the proposed insured acquires of reClnel for \'alue the esl3le o~ inlcfCSI or IlHHtg3.ge
there'oll covered hy this Commitment.
0" T3:'<:es or special assessments which are not shown 3S cxisting liens by the public records,
7, In ;jdJition. the o\\."ner's policy will be subject lo the Illortg3ge, ifany, noted under itcm one orSection l of Schedule B hereof.
8. Reservations and exceptions contained in united States Patents to
the described property including:
No title shall be hereby acquired to any mine of gold, silver,
cinnabar or copper, or to any valid mining claim or possession
held under existing laws; and provided further, that this deed
is hereby made and declared to be subject to all the conditions,
limitations and restrictions contained in Section 2366 of the
Revised Statutes of the united States, so far as the same is applicable
thereto, all as common to the land contained in the original
Townsite of Aspen,
9, Rights or claims of any parties in possession of parts or portions
of the described property under leases or rental agreements on either
long term or month to month agreements and any and all assignments
thereof including Book 415 at Page 887.
10. Financing Statement from Whitmer--Ross, Ltd to First National Bank in
Aspen recorded October 8, 1981 as Document No. 236296 in Book 415
at Page 653 affecting Lots Nand 0,
11, Taxes or special assessments which are not shown as existing liens
by the public records, and possible liens, if any, for taxes or
special assessments which are not required to be certified to the
county Treasurer to become liens on the land described herein.
12. Any unpaid taxes and 1981 taxes, a lien not yet due and payable.
NOTE: In the event of payment of any unpaid taxes, a copy of the
Tax Receipt must be furnished to the Company prior to the
issuance of any Final Policy.
SCHEDULE B - SECTION 2 - PAGE 1 - NO.
P'age 3
~
'-
)
',~ ~)
~
"",-J
!>larch 9, 1962
IlF,ND DELIVERED
City of Aspen
Planning and Zoning COlTmissicn
City/County Planning office
130 South Gal~na Street
Aspen, Colorado 81611
Attention: Nr. Sunny Venn
LaG.i~s ~nd Gentlemen:
rphis firt:a repref:i~ntg the Est.ate of Dorothy [(och Sh(i,\'ll
c.vln(~r of four ;')spen Townsite lots located cn the n()rth si(~e
cf ~.,ast Hyr.:an. Avenue il~edia.tely east of the l~Jhe::$ler Op~ra
l~cuse. 'l'his property consists of Lots N, Ot P and Q, Block S1.
Five i:>rints of Alpine Surveys t Improvement. ~;urvey coverin\i
tfwse four lots accompany thir;; letter.
An exceotion from the definition of subdivision is
hereby reCiUf'\sted pur5uant to Section 20-19 (to) of th"O City of
l\sf+.n Subdivision Eegula,tions to Fermit the division of
these four l\.spen II'ow-ns~te lots into t\""O s~parat~ parcele: I
each consistin~1 of two To\\\'nsit:e lets. The t\\"o desired
pa:::cels ar.." (1) Lote r: and 0 upon which i5 situatEd th",
1.~cther Lode Restaurant and (2) Lets P and C which ar~'
prHJently unimproved except for minor improvements relating
to t:he. sU1iu::)ertirne use of these lots by the Nether Lode
Restaurant. The purpose of this division is to p.err.-d.t th~.J
Shaw Lstatt;J to convey the hother 1,o(;e Hestaurant to the
present lessees..
I furthr.:~c enc:lo5(,;. a Title" !!;fJu.rance Commitm.ent cove!'i~':1
th~G(~ four lots issued hy Colorado ~;€-st ~'itle InsuranCH ."
Ccr;~pan-y~ (I'he Cormnitll1t:"';nt $hov.:s tha,t title to this prOFprty
is ')'e6tf~_d in th:;~ ;._-st.at.o of Doroth\t l~cch ~~~i;..~'! (~f~f~ ~":c:r<\craDb 3:,
Schedule l\). P~16o enclosed is onr check i"~ the citl;Junt.o{"
$475.00 to cover the Clty of i~sI?en E):ception Fto?
/
/
.^
--~-_/_:~ :..
1
>..../'
f11"
,-
o
,
ci ty of ;'.s1'en
Attn: Hr. Sunny Vann
i-larch 9, 198::l
Fage Two
In support of the exception, I offer the following:
1. The proposed division of land (four Townsite Lots
into two separate and divided parcels) is not
within the intent and purpose of the Aspen Sub-
division Regulations as set forth 1n Section 20-1,
at seG. The division does nothing in ~nd of
itself to violate the orderly, efficient and
integrated d~velopment of the City of Aspen, cause
public services to be provided by governmental
improvement programs, nor does it violate any of
the other stated purposes of sai~ Subdivision
Regulations.
2. Since the property involved consists of lots
within the original Aspen 'l'ownsite, no good
purpose would be served for requiring the owner of
the property to comply \<:ith the strict application
of the provh;ions of th~ City of ;,spen Subdivision
Regulations.
3. Other owners of 'rownsit~? lots similarly situc;ted
have been pEtrr:\itted to convey adjacent and con-
tiguous lots following exempticn or exception; to
deny this application would deprive the c\'mer of
the r",ascnabl(, use of its land and ceny a sublO:tantial
property right, the right to convey a porticn of
its property for development consistent with the
City of Aspen Zoning Cod~.
4. The gra,nting of tht> exception will not be detrimental
to the pUblic welfare or injurious to other property
in the area for any subse<;;uent development of.
Lots P and Q (following such exception) will be in
conformity, includinq obtaining approval under the
Gro<\'th r':anagement Quota Syst;.,Ii\, \>lith the provifdonfl
of the City of Aspen Zoning COde.
Should you require any additional information or have
any questions about the application, ple';;8~ contact me at
your earliest convenience.
Very truly yours,
errs: mvl
Charles 'r. Brandt
f or HOLLA't~D & HAJ,'l'
Lnclof:ureG
cc: Michael D. Martin,
I'1r. c. .1\. Vidal
gr. I-iarry Sha,,;
tc~
~7
c
o
HOLLAND & HART
ATTORNEYS AT LAW
WASHINGTON, D. C. OFFICE
1875 EYE STFlEET, N. W.
SUITE 1200
WASHINGTON, O. C. 20006
TELEPHONE (202) 466-7340
TELECOPIER (202) 466-73$4
DENVER, COLORADO OFFICE
555 SEVENTEENTH STREET
SUITE 2900
DENVER, COLORADO 80202
TELEPHONE (303) 575-6000
TELECOPIER (3031 $75-8281
600 EAST MAIN STREET
ASPEN, COLORADO 8161!
TELEPHONE (303) 925~3476
BILLINGS, MONTANA OFFICE
SUITE 1400
175 NORTH 27TH STREET
BILLINGS, MONTANA 59101
TELEPHONE (406) 252-2166
TELECOPIEFl (406) 252-1669
l.ARAMIE, WYOMING OFFICE
HOLLAND & HART & KITE
"wyoM,..G P...IlT..tIlSH'P
618 GRANO AVENUE
LARAMIE,WYOMING 82070
TELEPHONE (307) 742-8203
TELECQPIEFl {3D?} 792-7618
CHARLES T. BRANDT
(303) 925-3476
March 9, 1982
HAND DELIVERED
City of Aspen
Planning and Zoning Commission
City/County Planning Office
130 South Galena Street
Aspen, Colorado 81611
Attention: Mr. Sunny Vann
Ladies and Gentlemen:
This firm represents the Estate of Dorothy Koch Shaw,
owner of four Aspen Townsite lots located on the north side
of East Hyman Avenue immediately east of the Wheeler Opera
House. This property consists of Lots N, 0, P and Q, Block 81.
Five prints of Alpine Surveys' Improvement Survey covering
these four lots accompany this letter,
An exception from the definition of subdivision is
hereby requested pursuant to Section 20-19(b) of the City of
Aspen Subdivision Regulations to permit the division of
these four Aspen Townsite lots into two separate parcels,
each consisting of two Townsite lots. The two desired
parcels are: (1) Lots Nand 0 upon which is situated the
Mother Lode Restaurant and (2) Lots P and Q which are
presently unimproved except for minor improvements relating
to the summertime use of these lots by the Mother Lode
Restaurant. The purpose of this division is to permit the
Shaw Estate to convey the Mother Lode Restaurant to the
present lessees.
I further enclose a Title Insurance Commitment covering
these four lots issued by Colorado West Title Insurance
Company. The Commitment shows that title to this property
is vested in the Estate of Dorothy Koch Shaw (see paragraph 3,
Schedule A). Also enclosed is our Check in the amount of
$475.00 to cover the City of Aspen Exception Fee,
c
HOLLAND &HART
:>
City of Aspen
Attn: Mr. Sunny Vann
March 9, 1982
Page Two
In support of the exception, I offer the following:
1. The proposed division of land (four Townsite Lots
into two separate and divided parcels) is not
within the intent and purpose of the Aspen Sub-
division Regulations as set forth in Section 20-1,
et seq. The division does nothing in and of
itself to violate the orderly, efficient and
integrated development of the City of Aspen, cause
public services to be provided by governmental
improvement programs, nor does it violate any of
the other stated purposes of said Subdivision
Regulations.
2. Since the property involved consists of lots
within the original Aspen Townsite, no good
purpose would be served for requiring the owner of
the property to comply with the strict application
of the provisions of the City of Aspen Subdivision
Regulations.
3. Other owners of Townsite lots similarly situated
have been permitted to convey adjacent and con-
tiguous lots fOllowing exemption or exception; to
deny this application would deprive the owner of
the reasonable use of its land and deny a substantial
property right, the right to convey a portion of
its property for development consistent with the
City of Aspen Zoning Code,
4. The granting of the exception will not be detrimental
to the public welfare or injurious to other property
in the area for any subsequent development of
Lots P and Q (following such exception) will be in
conformity, including obtaining approval under the
Growth Management Quota System, with the provisions
of the City of Aspen Zoning Code.
Should you require any additional information or have
any questions about the application, please contact me at
your earliest convenience.
CTB:mw
Enclosures
cc: Michael D, Martin, Esq.
Mr, C. A, Vidal
Mr. Harry Shaw
~~ truly yours,
~14ra!l:
for HOLLAND & HART
-
"-'
""."'l,
{"Ie
..J
-
MEMORANDUM
TO: Paul Taddune, City Attorney
City Engineering Department
Fire Marshal/Building Department
FROM: Alice Davis, Planning Office
RE: Shaw Subdivision Exception (Condominiumization)
DATE: April 26, 1982
Attached is a revi sed application submHted by the Estate of Dorothy Koch
Shaw for Block 81, Lots N, 0, P & Q of Aspen (the Mother Lode Restaurant).
This item is to be reviewed for a Subdivision Exception (Condominiumization)
instead of a Lot Split as formerly referred to you. The previously~scheduled
date, May 4, 1982, still holds for the P & Z meeting. Please respond as
soon as possible with referral comments, due to the late date of this request.
The condominium plat will be forwarded to you when it arrives.
Note to Building Department: Since this is an existing building, life, health
and safety inspection must be done prior to the
presentati,on of this item to the Planning and
Zoning Commission. John, I wi,ll be in touch with
you regarding this request,
r',
~
OnDT1~^NCI~ NO.
Ll
I
(S(>rj(~s of 1~J78)
AN ORDn;i\NCE N1ENDU!O TilE ~oUDDIVISION REGULATIONS
OF THE CITY OF ;\SPEF BY THE ADDITION OF A NEW SECTION
20-5 (b) \'IInCH PROHIBI'rs APPHOVAL OF i'.NY SUBDIVISION
REQUEST IN THE ABSENCE OF ISSUANCE OF A DEVELOPtIEN'r
ALLOTttJENT PURSUANT '1'0 AR'rICLE X (GRO\'ITIl MANAGEHENT
QUOTA SYSTEM) OF THE ASPEN ~ONING CODE.
WHEREAS, the Aspen City Council did, with the enacbnent
of Ordinance No. 48 (Series of 1977) adopt. an annual quota
system for new residential, lodge and cornnlcrcial development:
within the city of Aspen, and further providing that no
building' permit shall issue unless and until an appJ' -:nt
shall have been awarded a development allotment pu
i: to
the procedures therein established, and
\\'HEREAS, said Ordinance 48 (Seriesof 1977) did exempt_
from its application, the construction of one single fc:JT,L,y
or duplex structure on a subdivided lot only if sllbdivid2d
prior to the effective date of the Ordinance, and
WHEREAS, the City Council wishes to further ilEplernellt
the objectives of Ordinance 48 by insuring that: subdivision
activity occurs only if and when an applicant for sub-
division approvu.l has bpen awarded a devclopmcn"L allotment
so as to preclllde the crea.t:ion of subdi'v"ision lots (or
other separa:te intere,~:t.s) with no devel()lJHiei'lL potc:nt:.ia.l t
NOVl, 1'HEHEFORE, BE IT ORDlcINED BY 'IllE' CJSY COUNCIL
OF 'rIlE CITY OF ASPEN I COLOPJ\GO,
Sect-.iOll 1
That th~~ r:unicipa.1 Coc1o:~ of the Cit y of l\r;pcn I Color{)':"~o f
is h('r(~h:l amc; ai.:d by thc~ additic', 1 cf \.1 ;;('\'7 ~:~l)b~.;cction (L)
of ~';;~:'ctiun ?O- ') t,o L(;~l(! a~.; tolJ_c~'~,:
,'.....
<' "\
""'"
'...,";
(b) D(?;!~,~~::rT~::'nt0J.-,:~_ct:~i('.r~l:
No subdivision ,,;lull be approved (nor exemption
or exception qrdnted) pursuant to the provisions
of this Chapter 20 unless'or until the applicant
shall have been il~l<1ded a development allotmedt
pursuant to Article X of Chapter 24 hereof
(Growth Management Quota System) whenever such
allotment is required for the proposed development
of the subdivided land. On receiving a development
allotment the applicant for subdivision approval
may be deemed by the planning office to have
satisfied the conceptual presentation requirements
of these subdivision regulations, and the ,:>ffice
may authorize the applicant to proceed dictly
to preliminary plat review, all as provided in
Section 24-la.3(f).
Section 2
That the Municipal Code to the City of Aspen, Colorado,
is hereby amended by the renur@ering of the existing
subsection (b), (c) and (d) of Section 20-5 as subsections
(c), (d) and (e) respectively.
Section 3
If any provision of this Ordinance or the application
thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications
of the Ordinance which can be given effec'c \.,.,i'chin the
invalid provisions of applications, and to this end the
provisions of t,his Ordinctnce are declared t,o be f3overable.
SC~Cti011 4
That a public hearing (.':1 this Ordinance shdll bc hc~ld
on
/;7,) If J .?
1"/1, /[ (~,:V /~./ ,
~.,-,_..,-- ,_.=--..:-------'--_......~_..._-
1978 at 5 P,1-1.
in the C:i ty ,Council
READ 1\N
D ORDERED
published
.. as
.l!az1v'l'1/}~ ,I ,/ ,
~'.lthryn#,. H!,L IJt:1.u..LZv
lty Clerk ULer I
FINALLY APP
'--7 ROVED A
/7 ND ADOPTED b
1 t'Ur.c...,(J /3.. y the Aspen Ci
/Stacy stac..-s'/'/'''' " (,';' ) /I,~'// /
nul -,,' / Ii' /'
Mayor ey I ,III ",_~___'I.c"
'"
'-'
Chambers
, I City Hall
. , , Aspen
. 'r
INTRODUCED
I
law by th
_I e Aspen Cit
Jfb", y Council
__ _,{{LiC"1' / ;:;:;
~__/_='--' 1978
ATTEST:
on
ATTEST:
,Lz;ZiJu I ,~~ I; / /,
K _..,_' /,( /c ..",'
,~thryn 8-'.' ,.-,'L!.,U:r-f,..C{ ,')
Cl ty Cl' Hauter -~
erk
Color"t}
<.. (0 ~
at .
l.t.s "'e'l't'
..' ,'lng
provided
held
by
""""
-
';C'c.tii,rJ
':5 ") Co','n ~ J
".,
,-n
74,
79
Cn~l."cLlrCiClJJ co.llins ".,,,ticl t)H_' "l'pO:o'''. he"re i..L' tCJ f'~',','Cl'\"- ,,-llp .l.-:tC'_:rity 0'- the t(\1.1~-i.~~t Z(_'~'::
'1')\(: t_(_\1ri~:<L :>.C,l1C' h"c;' J:-"'C~l \htt, red (10",-.'[1 il: _.c'". ice.... yr-',:;r,-;,' .it ,Ct.h-' ::It''<l ,:':<,~!("', L:; 'I..-
rc~~;::(L::;~c;:'s. C:olln:~jJr.:'-l' Coli ie' ~,aicl if ~ill., },,:.:-jC I:; cC'11,:k;vil!jlJ~,:i_z(;-1, t:;;_, c:;.ty I.'ill
tLl' typ'2' cf ;,lctivitJ, ,;.,;f....=:ic,iccl vlith th,-- '.Cl'Y.::;"\ Tile c'nd rc~ 'J.il \<.ill \,'(:.:c:k(~n t-he nCC():',l<)n
d.:;",.ion~: tlv:, city '''ants to ~'C" ilL" the l"Y.)Li"'j', n[ t;j8 h_i,~_l. 1'!'.llJ j;,t.:,d 0;lt T_ri,it. Ful-LLllSI
:.n ;~i~-cJ:cns,,':.~u:l~'_ ~::.c <I \"LC,]u: "c,n of G!H', 'd Lli~.s v':i.}l kcq) ~r,t.' 'i ~'l(' ,-:;]lurt tern:.
C())lj~(':i.lPF)n :r.S[l;1C )l)()veu to 2QJl'rovc the ~~'.Jh'i\,jsj.()l] exempt-:Iell, ;-':'0:- tl"..... 'l'ipplp 'dith the follow-
in~1 C()nd:itiow,; (1) c:.L('~r into i1 contruct ~;t,-Jtin') the 10 l.;n:i: \.:,i,l.1 be short 'U.TiTI vnd be
rc()~.".~tcl'P(1 hith a c,~ntral rc:-:crvc1tiorl:::; (:!) t]v;'.c ,>:ill b~ c;,-;-iit,,: l,ian<:lJc:mcnt, (3) no
IJuiJd.ing p0rmiU:; he jS~:;ll(>(l f(T kitchen ,yJ,lit :.;, uDd (4) ncz't li1cc,tirg 1001: <Clt writi'lS up
an ordjnancG to control lody,:'s; seconded by Councilm~: l'{}rrv. Ms. F'a\)J,J;n~r pointed out
tll,:.t the lod<jc io; too small to have on-site no.LaCJcm::~nt Cuuncilm~ln l';,:1,",c said on'2 of the
un'i:~.,,; could be fOl- on-site man.:HJcr"E'Ilt. CouncilrLl,:lri I.o:.;,::i'J,C cha;1CJ,=,d condition (2) t.o he locitJ..
lll&,iag01TICnt, r.0t on-,~';ite. Councilman I~.;iWC sc1.id not all lInite; hild Lo be ul1C~er one n,cnc:q,.:>r.
C0\111cilmClnbcrs Parry, Isailc, and Nichael in ravcn; Coul1cilmcmbcrs Van Ness, Collins Clnd
Hayor L:ckl opposc'd. !>lotion NOT carried.
Councilman Van ]<c,~s moved to approve tho exel'ipt~io,'1 from t.he df:-finition of subdjvi~~ion with
no re~jtrict:ion,:;; seconded by C'c)uncilvmm,.\ll HichaC'l. Councill.leJi~hers Parr::.', Van Ness, and
r,jichacl ill favor; Councilmcmbers ISo.ac, Collins and r'ioyor Edcl opposcd. Motion Nr)'l' carried.
Counc.ilm-J.ll 'ieO Ness moved to approve the cxcrny,)tion froQ the d,'finition of "~ubdiv__;.c:ion ,.,'.U'h
the conditi'):I~~ that they rcgistc,r with l~spen P.ec:;\'rvation."~ or ,';llY otbc>r duly accrc"Jit.,='J
rc~~er\'ation.<::; I.mJ:"CiJ.ll located in Pit}:in County, Colorado; ,';CCOi'; "'cd by COl. r:ci l'::Cl.2i })Gr'~y.
Coune) ITncmtcr~~ Van ;\jc::;s, Parr':{, and }1ic~Jael in favor; niJyor LJcl, CocncilrrH""rc,l.;er:,; Ic:a,)c and
ColUns O!,])():.;ed. !>lotion NOT carried.
Councilman Collins moved to table.
Motion ]JIES for lack of a second.
Cour.cilman I;::;aac moved to approve the suhdi,'ision exemption wj1-.h the conditior:.
oriC1 in" 1 J.\ot ion; sccon(k;~l by Counci Ima n Van ;\)0:'; s. Coune i lmc:lbec; Van 1<eO',[; I I:,;'
P<:nry in favor; couIirilman Collins, Hayor I:~ic:l opposed. Hotion ccirl'i\:Q;
Sl!:',DIVISICj;~ f~i:],:np'J'ION - 13criro
--....-..---..---...-.-.-.--.. -...
'I
1 :,:;,.ll./:l.'J:i'~;(:'~,
I ~'..,.,..-,p:,tl' "n !
CO';'" .,., J
.Rich(-~rd Grl.(;c; told Council this requf':st i:-: to dividc tr"c" lob, on Hopkins Etn~cL; those:
arcj,Llj,ruvcd "'.'.ld, Cl br.ick Victorian Llnd some ~;}lilCk;;. 'l';,e J1L'C J:;lc-; ~;j'J(;r; ppr;Li~;'; 'ell; \0
r'.~lllO\"~' tillC' c,hac)'~~;. Grice 'laid thi,; appl.ic~~tion cJo(:~; n~t affect the cr.:p bCCC::",l'31; ';iy,l:-1c
[,J,!)jly rcsi('!cnc(:,; an:~ not allO\"c.d in the CC zonei COITIr.;,::~rcia.] ~~J\iJcC'is not allc\.:' d \.:'1.;.1>011{
a 0(' 'lupmcnt ,d1utrnl.Ont. '1'h1:-: approval \,;ill noL rc::.,oJt ill c!c'IC1('1't)"nt witbou~' ,'ei :1tio::<-11
rcvi c',,-'. 'Phi; enl] i n~'cring clcpartrncnt ba~; rcco,~,;~,clJdcd apj'C(lv<ll subject to the C()y t~'.')n
there De an cHJ1C{.:r.H"nt tl1Llt the applican1. (~ithcr cow;[nwt an 8 foot s~d(-w,'iJ::; c.r i\ :-"c,'. La
do sc within 12 months. City l\ttornej-' rccor:lmcndc' upp:coval without conditio]!. l,j h:'l' r:~:ch
discu~;sion, r & ,: decided tllcn' sbot;ld 0111',/ be .:l sid',,'v.'al}; OVl~r tlw l.1icldje lot a,; it i~i
aln':.Hly c1cvclop"d, and the oLhL'r t",lO mieJllt be dc:>vcl-:)pccl ~~c,p<lratcly. '~'hc pl<:'l":ninq Cl~:ficc
[C'0]8 sjdew01k~ are a ~tanrtQrd port of !3l1lldivisiol) rcguJation~ an~ ~o fC'(~l it is ap]jJo;jri~t~.
Gricr~ rccormIlcnocd a sic1c','.'(11k be: dl:'vc-lopc'd OIl all lIll~cc lot.s ci-Lhc:r lTI'tf:l(?diatcly or 'd.i.th~1l
12 m()r,ths in the event they anticipate rJ,::'vcloillTIcnt.
Fc'U-'r Van Dome] in, :rcpri::'s("ntin~l t.he applicant, told Ccv.lncil the dl-,plici1nt wi ~;l'C's t.o ::."('1}
tblC lots perhaps ~~ep;-Hatl'ly .or together- Llnu wants to keep his options c~pen. Van D()~LlI:.lir,
Lold CmlT1C:il ]v:, did not. [('c1 the }JlannhlC] off:iCf' should be given Cl cart!2 blancljf~ in sct:tinq
con(1iti00.'.; 0:1 .'~uh~'li\'i!3ion cxemptions. \tilD DODlt'ljn puintcc; ~nlt Bel:1ro i.~; only rC'ltk!;tinq
-La l;L' i~blc to s(~ll t.hc Jots; nol' t.o develop. 'rho l-'Llvjnq of i.l sidc\'!Ll.lk has no rcllaLion~;r,ip
with th(~ request La scll the lots indivjdualJ.y. '1'hc"l"o is no side'.'.'d)}: on either r;ic'i..: of
the c1L:velupLd lot. Stock :~ug~10Stcd UWy' be .Js};cr1 to add a COVLIJdn1 -1';0 the proV:-:1Ly thClt
if the cij'y CT(;dtcs a sidC'\.,'alk improvement clistrict, they would e~;tcr- into t~L3t. di.r:trict.
Vall Dumclin said lip- felt that \vilS [air.
CuuncilnFll) Van >jc~;s movcc~ to 2.:~Jr=rovc the subdivisio;1 cxeL1pLion v.'ith t.h0: only condition
thiJ.L 1n tllt" cV,".'ni a ~iJ.cv,'iJlk cl.I.:.:;tr:lct :is formed t.~lClt UJis prunerty \lould. ac.rree th~'>y IdOti]d
join in <.:: bi;1C1in~ Co-VC;lJ.:lt; scco:,Gc:d by Councih,'om.:::.n !,;icJli:'lcl. ]\.1.1 1n L~lvor, mol.~.c.:'l can:,icd-
SllllDIVn-;J(1!,J EXI::!':i:)'j'T o:~ - llibberd
C:ri.c(~ tnJ/! Couoc!.l this .i!:~ Cl r("l~ll'S1~ fOT Cl s'-lhdj'c'1::;ion C".r:;npL10D fen. a dl:pJp:-: ot N0rth
Sevccl. and :J01~t;'1 :::;tl."eeots. 'I'he: propcrt~y l~:' 7.cl;10cl R-(, '\'lith 9,000 sq,),;):," fccL. Tho ('j1CTil
('e.~~in9 departn'i(~nt n"'quC'sb' an ('a~,QrL1c~lt for drd:Lr;,,~.iC' ano that. both units l1.''.ve .\'iciter T'ictC'TS
in" :~'Jlcd. City r.n~llrncy ~;tock revie...."en this i1F~~l;c"tio;l, Dr:r.l jJ I,,, l.-cvi(..:~d t]:.l::- "~'cd
rf.ccmrn('~nd"d 2pproval ,.;ubject L0 C'ljSil'.(:,pr.i'l~I'S c,:n:dit.:IC'JL'3 Lllicl that t;-,r' p:ro~)er Dc.' (~r~,'("d
rc',;~1'ict.r:d to !,;i}: l\\clll1-.h :.l('li' ;1'; l('il;:-',C~~, :,nd ~'.hCi'- 1.~)JC i;,)}:I~J' 'l,n'it be "..'.' !__i.':.:;t.r L:......j
cc:.<;e:]\,m!. lj;~LiL1;;<) p~.:icc and for <: t)(~~.:,),l of fivp ",~ .,. ("nll'i,.:-j}'~~.1.n l;cl,lu;dt
:.;u~~q.,'~:1.:e(1 tliat d ~.-tu'C:'t, eli.}~b i,'::jy!:(:'\'t-';c',('nt_ ,l(jn c;::' .t. ] ",-i:~,~'(:.
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CO~ln,-~~lmi;:,' LeJ'I-('II(~,t n~0\ ,1 tc' c~;Y.JrO\lC' the::: :;:-,uL,-.livi!::,j(lTl (' '.'l::-:-'c:j(__Jj'.
cU".Jir:':,,] ))y Giir,-', d!J'jL.n',~ ,< o'l.;.cc"lnL '..:o~',!d t,(. l,Ci j~)"l1 '.'
~.;L::-(('L, o:;icl("\,'.'llj;, cnl'.\'<.L ,,:(t C j'U; ,;,'c-,()rl(~(',) C ,,'i' 'L,j' "'J p, r:
C<:;J i,"d. C01",Cjj',:cl)) Col-::l; ., 'l.'Cll__'l't- L b,;~I(;" ,.,_,;J.~^t
"-~l ( .:U:Z, th',.l t' ',"Ll (,"'.! CO' _~ 1..,1 ';, l':; ~., !.;; \.~;:;
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Polly 1;o;,,51y, rc;,:)rE"!:oC!lLLn:::! Cl::lr\ Ullj) qc'~""c.:!y, ',)}C ('-}',n'~, c, ,~,:)0'.:1 to IIY!1l(!!: Strceot.
Thoy fe('-' t11ey hi_-'VC a unicuc liI,/LJ,:t fu;^ t""L ;::;1 ;,)1'.1 ,A ,'j-:(' ,..'julci Ijh~ to aI,~'l~;
ter ':'. lJI',ited pcrnlit ~o v,,:'r:d dL b,l~c;cbdJl f:" I m:d~u;, 1'11,/')Or C;: Ci:-j' (';-::-1' lit:\oc,l\' doo
~,llL;Jl,:-, cC'okics to the l:m,;ic tCll~ ilnd tt:(, j)i.'~' _:ll ("'-11'-(:1:'" ce'. " ,_-, y rC"E.~,t.r'd i1 rcnd:-,;--o
inq or the IJL1;;h Curl:~l to by l',:('d l'j' Ch.i]" Cj,-:.~-, )]()c., " II:! t! u~ "d";l cclo,fuJ tJlin9
Lo be-: so,n9 thl-ougii the> rr1aJl. h,~. Dail'/ E~':tj(; ['lJri' ,,'OU-:'l t,i.:l I:~; c ir o ',,'I 1 J.itLcr.
']'hey v:ou1a be selJing only (00)::\e<; fro,,\ tlH' C':'11:'t::. Cit\O flcU-'l:n('\" ~;tc :lointcr1 out thilt
vr:.'ndinq on pubUc rights-of-\',i':Y is noL <11'1' 'i.! ,U:l(" Cc.\U\ll~,~:; lJ_t'v'c,- '-' Ji(~ense [(J_e. tJ'21.::.
Council CiJn g:i.vc a YCi~r contr3ct wiLh ccrtil J'( '_':1--( ;ct::icn,,-,; th(~ (li' ,;t-i())1 to council is a
policy matter. In the past C(JuDcil ba~_~ tJ-jc(l to ~l'.'nid c: pro;_; f',,;-, iC:1 (If Ul(~SC a'j(j hdc;
vl<'nte:d t.he community to rcm,dn lln_i_llue. Counc.i.l 111'.::-:;1..: d(:,:~j(]C' Vc'l",, ,n'j~ t], t:, t.ype vunujr)(J is
con:::;istent h'i th policy in the pi',~;t or is inilj)propriCllc fOT tho ~'IIi:lll ClrCi).
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COul1cilman Behrendt said historical_ly CouneiJ has turn(~d down peopJ_0 ~h0 want to VOlld in
the mall. 'fhe only person with a vending J,i,ccn.se vends only fro,,"1 the ",trect,,:~. i>'.,"':Yor." FoGel
agn_'cd Council is trying to give uniqu0 rTCr(~rCnce, and in the t_i_'~IC- Chip Chip Hooray has
supplicd a unique attr,oo.::phcrc to ]\:~pcn. C0l1l1cilmi'!1l EehrC'r:,l~~ p0 Ln-':ed out thi~, ccntrilct vIiI]
al10",' vendinG in the parks and in the ITl,3.11:..:. C_l.1:v l\ttoyney SLock tol<1 Council the\' \'.'ouJd
be lnClkin(J a ~pc:cific finding of fact. on the rcput;tion of t!1is bu:o:inoss. Thj s CO))~Lrilct du(.'s
not crcat.!:.: a situation where Council \.;ould base to approve (-very 'Jc'nclor before thf'::t. There
is a provision tha.t Council caul c1 char~!r: a fec if they wantf';cl. If Council want~~ to sL_e">,-'
consiE;tent wiLh t:H:>ir philosophy, not vcndin~l on the mall, the docuT~;e1-lt could be OITicw''';cd.
Ms. Dilily told Council t_hey have hi.ld mcny requests to have cor,'l:ies at the various garl(~c;;
the m:l11s arc not particularly import2nt. rl'lrC'y ",-Jould lj_):c. to ,-,0 around \~ith U.e1.:r. Ci:lrf.:s
and not block -traffic. l'la,/or l'~de~l suqqestc-J J)sin',1 restr~_c;tC'd i,,:o the (,llE-yv:a~l !m:Cj \';,-Iqner
pilrk. J.1s. [Jaily ";cdd thr.:'rC' and the Hio Gri)j1(~(; ',,'0uJd be <d 1 r-iL;ht. Cow,,-cih.'u" nichacl
said if Coum:j] is tjoing to give the ability -tu sell, U1C'l' ~;hO',11c1 qive the flez:ibiJity on
wl1crc to sell. COli\ICil~ilIl IS;Inc said he would prefer sO~Ilewhat stfitjollilry ratllcr L!lan
pu~;bing the C.:1rt:; nTound. stock Lold Coun:_~i 1 tllt'Y Ci:n rc,_,i C'>.' tllt"~(' contracts yc,_trly.
Councilman Isaac sniel he would prefer to hnvc tllis COlltJ-act up tile olld of October.
Cc:,uncihlOmi.ln r,1i(;l1c~cl moved to app.r.ove the \.'el1ciin~J contril_ct_ bC-,t\-;-CE'Yl Chip Chi.p Hoo ,Jl;c'-;
ll:,e Citj' of !;.~pcn until October 31, 1980, c1cL't,-ny in tile contr.Jcl linc1r':.:::- -i;-l (a) (b) imJ
prol;i h'i l'in~r Chip Chi P Hooray from usinq the nti, l] ilnd LlrlcJi Ley u~dcr 1; 3 inel(,mi t')' :i :.: <11 :me-
to the li1'1it_ of $'100,000; ~;cccndpd by Coul1c:ilwOF1ClJ1 CoUin. ,''..11 in favor, moticJII C,:l'l cc::.
~~(A~!~~~LJ (::J'~~,]~_Rl~_i'FVll'...L - poraCj0J1 Parlor
L i ~:.i~--,r:J;~ J ; D~_nc;('
City CJL'l:k Koch brouqht up one after ltoun~ drin]:in~J rC;Jort. frOT1 the police (1(';
Buih1inq IIL~,pcc:':or I10yrJnq SubTlI'itterl i1 11F'!110J-'indum c1CSCl i.}li_lJCj a zoninq vicJlat.-:
exi~_~tini:. MC)'rinq Lold COllncl J the bascl;L'i-".'L ic; beinc; u,~C'd in v'i.C,Lltio:, of
onlilFlOc:e a.nd E! ~;i(jnc'd ;l,<):rcc'H,cnt between till.:: O\'.'I'IC'1'"" of i-he i.J2,oi'j(JO; ilnd th<;, c; .)C>I:' ,rlwanh~
rcp1';3Cl1tillCj the Pi:tragon, told Council whilt i'~(""YCjliY i~; t-ryinq to do ~_hrou(;:; the' ]jquo;
licc'n~;(' procc::dures is not ilI)rno;niate and is riOt', Cl crit'-_'l-ja for qrantil,g oc ch:'J!:()l or thl~
lic!v:'] U ccn,_:c. r>1h'ards told Cnullcj 1 the O\.,'ncl of the I'ilr,HjUn went. to C01l31XUr.t (\ f-~i__,b-'
btl,~c'l:Lent bc1m.; th. existinq b0~;C'J\It:'nt-_. 'l'he zon:iIHj code oiUY,' one is nc,>t (lllcY.-'] to C'}:r<~.,nd
tlw w;;)blc bw:;iJlC:>f-:~; {100:1.' clrCel of ~.he operQt_ion. This ~;r'(jc" can be '.l:~l'd rur. mcchilnlcal
equ:ipllk:nt, air ("'())lc1itioniny, l.catcl':J, etc. 1\ building Pl'l",t-i. applicr,lion ':,'<1S [j}C,'Cl ,.:hich
deJ.illCi)tcu a w;c for the suL.-bascmc:-nt i" u nw,::llanicGl (lcvjcc to PUlll;) up licluor to dispcn~;(~
alco!1ol and drink~; for Ll competer machine Ell the belr. r:ch'ord~; tolrl council the')' havc
spent money installinq the (-,;(luipl,lcnt. ~.leyr:i nq clcci(lc'c} tlll_"; \"ii1S :~tor.:l(ic of liquor c,nd
a v:iolotic)n of tl,Q zoning. By reliance of i~suallCc of a perI\lit Ly Me)'rin'], the Paragon
spc,ni~ a lot of moncy. EclwauJs said t_lle c:ity attorney had, c:qn?c'd ",'it_h their p(lSit:i~d1 tl;,d~
the' isc;uance of -Lhc~ permi.t by the cit]' and +:!Jc clprJicClnt':~ rel.iance on it, b::)und the> city
so that they could not come back ;1;;(1 iH'j\lC th:is point.
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City lIttonwy Stock told Council the cl'it.cria on ren<"wal is iJ1C rcp1'_-_dtion of the operator
of tile hl1:~inc~~s. 1" contilHIC(\ COln-f-',f: of conclllct. "Jhic:h V:dS iv violalion of the L.li" would
have :_;0",<::: nt(')-it. Si:ock SQid he doC's not:. agree ,,'ith t.lle b1lildinq i:l~~:'l:lctor's pu:-;it.ior. on
t!Iis p.Jrl:i_cu}.:ty ilcrn. Stock s,Jid lherc is lV, cJcar cut l1!::,ch''1nicnl c1,.-_:;oinition in the cock.
T]lis rnCChil.11ic~1 drink rli"~cllsor is a new tYllP of rlcvicc, ilild WI:;'ll st(l~k reviewed ihi~, lIe
felt tile COJ!'jmtcr pl'_'i1P wac; il rrcc1:'lIl:LCc,1 dc'" 5 c~ ilnd l1SC~ l'[ t!~(' s1.Jbqt"clC' bas(']llC'nt- fcL' it
.is "1': ilppJ'opri2ttc u:~e und not in ',1ioL1-:-:io)1 of the cit:z"s code. llov,'(?\'or, this arC:I can not
be used for storage of liquor bottlc~.
'rom Ih:.1JOp told Counc~l this pJil.n rev,i,-\",' hd" COllO on :-~illCC' ]977; thc'n' (lrc C'D:l:;t;:-:nt
r('vjs)CH!:;;. Ev',oryl-imv d ~;l't of p1211S :\S dr'l-'I~'_hr:.::u, !.i()!nc"(_I;lnrl CilCI1J(jCS c,nd i'lV;d_ic1ilt'-,':~ tl1at
apr,l'LJV:-:]. Dunlol' c;did he b,y3, Iloo)c1"111ly, a filled o-",t of 1'13JJ Counc,illl1dl1 Vail ;~" ;:'j E',,:rL(i
t_~l(' c:-:ly issue is. v'h0th(T -the (>(;l1'ipn'.cnl fite-; into U:p clcfin,i_ticn of 1":',2c112.]',ico,1, o};:; ell is
not i1 vcry quod clc;~inition. CnUIJcilmiH1 ViUl !k;S~i c;,dd LC' felt t_hjf-: fit into the' c1cfjnitio:-:
al~_l1()l'-,;L not vcry clear cut_.
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SuWivision
Excll1ption
Bill Clark
Highway 82
altcrnati vc
alignm:..>nt.q
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Oed, 21. 1980
Aspen Insti tur~
SPA i.1[.I~roval
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Regular l"..'.~t ing
..~~pC!! City ('cu!l(;Il
.1unC' 9, 1.S180
Rid-Ian] Gl"jC'C, i-'Janrdn\J officf;', t(>1<1 Cllunc_il t11i5 is .:t requl:!::t for exception from th~
sulH.1ivh>ioil P10C,-'01.u.-cs. 'fhi:o: !J;IS ~0en l~O P & 7. who grant.cel them an exceplion frOi:1
subdivi~;ion subject to the cor.dilic'llS of the city enqinu;r c3epurtment. The proro;::al ,'s
to 5ubdividc 9 lotsf tiJkc uut tll(' 7 tllilt cuntLiin the Swiss Ch,\let C!.nd leave the t.,:o
that contain the single [ami!",' )"\..,,:,ir]cnce. Both planning uffice and engineerilOg re::.:o!:rnenc
approv~l subject to the' two mcmot:J.nda in the packet elated H.J.Y 15 ,:H1c: j':,:'IY 30, ..;hieh is
t.he final plat revjew lllemo. 13ram1t st?ti?d Ull~ applicant did not. have any objectiorls to
the conditions.
Councihvoman I'-1ichael moved to approve the S'....iss Chalet subdivision exception ",ith th8
engineering dcpartrr,ent provisos in memos of Hay 15 and May 30; secondt:d by Councilman
Parry.
councilmfln Isaac asked if the developer of the 7 lots would be going through the whole
process. Grice said any development on those lots \...ould go through growth managcrr.ent
approval.
All in favor, motion carried.
SUBDIVISION EXE'lPTION - Bill Clark
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Richard Grice t.old Council this requests subdivision exemption for property which contains
two single family detached residences. There is no historical rental history. The
engineering department rccom..rnenc1s approval on a rcsubmission of the improvement sm:ve::'
and an agreement to enter into an Rpprovement district for side\.;alk, curb and gutter.
The attorney recommends approval with the minimum six month lease restriction. The P &
:l recommended approval \<lith the six month leDse restriction and compliance with the
engineering depiJrtment,' s memo.
Councilman Collins moved to approve subdjvision exemption subject to the conditio~s of
engineering and six month minimum leuse restriction; seconded by Councilman Behrendt.
All in favor, motion carried.
HIGIlV1AY 82 P & Z RESOL1JTION
Karen Smith, planning director, told Council this resolution comes to theitl from P t.. Z
at Lhe instigation of Hans Gramiger \...ho appeared before P [, Z urging that no'.,; is the
time to deal with the issue of alternative alignments of hiljhw,1Y 82 int.o t.own. 'l'he
implicutions for the community arc morc immediaLe now because (,f things liJ\e the i.;arolt
development. ^ dcci5ion heeds to be made \ofhere the a lignmr.:ont!.; ,:1'0 going to be mi.lOC 50
developments Rffectcd by the decision can plan the dcvclopmr'nt. P & z.' ~ resolutio:l urges
Counei] to do ....'hat they can to facilitate the process in decidi.ng the ali9 ITaent; this
process will involvC' the City, .Pitkin county and the state hiy-ln:ay department.
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Ms. Smith reported the state highway department has agreed to do an cngincedng fca~ihjlit~
study which is tile last phaRO in determining alternative alighnments. There has beCll a
baltery or studies leaning u'p to this. .
Counei lman Behrendt moved to approve the P & z' 5 resolution; sl..conded by Councilman
Parry.
Councilman ColUns asked hm\' this fit into t.he master plan. 1'-15. Smith said there arc
several transportation plans suggesting various alternatives. This engineering fcasibilit'
study is a detailed implementiltion of l.he pn~vious studies.
All in favor, motion carried.
Councilwoman Hichael moved to place Aspen Institute up on the agenda; seconded by Council-
man Parry. All in favor, motion carried. Council recessed for 10 minutes
ORDINANCE #21, SERIES OF 1980 - Aspen Instit~ute SPA ^pproval
Olof Hedstrom, Chairman of P & Z, told Council they had recommended approval and a sub~
sequent action was a resolution which places some restrictions on the approvcJl. Hedstrom
told Council there \...os not uniformity nor aqreemcnt amoilgBt the members (}f the P & Z.
The P ~ Z recognizcB the value and contribution and benefitR that thA Institute affords
this community, ilnd wanted to cncour-agc a favorable resolution of the problem. At the
same time, the Commission is charged with the rc::.ponsibility of weighing land USe
community impacl.s of any development \\'hether favorable or unfavorable and they .should
point out rer.trictions to minimize as fas as pos5ible any adverse effect.s of devRlopm<:'nt.
Hedstrom said this resolution did not reflect the unanimous opinion of any member. 'rhe
vote war; not unanimous;' it was close. 'fhjs is not exactly a compromi!'>c but perhaps a
medium position and is to Cull to Council's attention items of serious concern expressed
by Co~~iti~ion members.
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Leel Pardee,. P & Z member, hud said he was not going to participate in Inst.itute discussior
becuuse he was beinq sued pcn;onally. priClr to the second meeting, tl,c Institute filed
a r~'lcu.se of that personal liability. Pardee ~aid he \.,'.'15 not informed of the relC'.:':se or
the :'!ceting. pnrc1cc ...:as active i1\ the fo110\'.'ing meetilHJ, hO'..:cver, h<" Has told he could
not \'ote on the Resolution uecause that had bcc'n voted upon <l~ the pno-vious m~etip.g but
could be act.ive in the discusshm. p(lrd~e told Council c'omm; .o;sion rllembers .::J.l'~ r.10St
concerned about full-day tourist use and dclc.:ting the \~'or,-'! pli.milrily [rom that di~cu:=;f.ion.
Cotlnci 1 dccidl2d to go through tllC P & Z resolution along side of Council's orC!ina ;,;(: t.o
see if Councj 1 \'!:.'lntcd the chanq(>s included. Pi!":. Smith told Counci 1 .the P & z rcso:.. tion
rcpre:;(>nt an attempt to recor:ni:--.e a neqotiuted $",tt lc.;;ent a,"d tc perform tht2il fu:'.c,,- "C'~,
to r~""'\'if'\~' la;:(: l::":C impacts. "The P & Z'hns tric.:!. to r.,~tigat<2 ~rolfl..,c'_5 cOi~inlJ 'Gij '..:i:.1
thl":' Ch3nqing nll.turc of the SPA; the)' have ta:-:en o.c/..no'.dC'G~;...:-.-i aspcc....s of that se~~' (;;,,'c:,.t
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Regular Meeting
Aspen Planninq and Zoning Commission
September 4, 1979
Peppermint Tree,
Use Determination
Beriro Subdivision
Exemption
Smith introduced the application. She stated the applicant
wishes to locate a candy store/ice cream shop in the C-l
district. The C-l zone includes uses that are not primarily
tourist oriented. The P&Z must find that a candy store is
so similar to the list of permitted uses that it ought to
have been on the list. Smith noted that candy stores are
listed in other zones and she felt it was not ignored in
the preparation of this list. She also noted the applicant
stated in their letter that they wish this location because
of the prospect of tourist traffic. They estimate their
percentage of business as 65% tourist, 35% local. She noted
their previous location was in the Commercial Core and their
percentage of business would be based on that location. The
use is generally aCknowledged as a local oriented business.
Based on all this information, the Planning Office recom-
mends against this use in this zone.
Hunt questioned their rationale in approving the Chocolate
Soldier. Smith said the minutes note that it is not a sit-
down restaurant facility.
Mabel Macdonald said their business caters to locals as well
as tourists. Hunt also noted the Chocolate Soldier is just
up the street from this proposed location. Klar did not
feel they could deny this application when they had approved
the similar application a few years ago. She felt they must
keep a better eye on this type of application.
Pardee moved to allow the Peppermint Tree as a conditional
use in the C-l zone with the reasoning being that this is
not food service but retail sales and things that are pack-
aged (candy, etc), are much more similar to a retail sale
and the conditional use does not include the retail sales of
cones and that this is established as a precedent for futurE
applications and further move to set a conditional use
hearing for as soon as possible, Hunt seconded. All in
favor, motion approved.
Grice introduced the application. The applicant wishes to
separate three 3,000 square foot lots. Two lots are vacant,
the third and middle lot is occupied by a Victorian. The
minimum lot size for the zone is 3,000 square feet, single
family residences are not allowed in the C-C zone. The
gran~;n9 of t-his eypmption wi11 rp!=:nlt in no development.
~The City Engineer is concerned that there is no sidewalk
and requests an 8' sidewalk. The City Attorney recommends
approval. The Planning Office recommends approval SUbject
to the construction of an 8' sidewalk across all three lots
or, in the event that the property is developed in the next
12 months, the owner agree to enter into an agreement for
the construction of the sidewalks.
Klar noted that, if they require a sidewalk now, if there
is construction in the future, they would have to tear it
up for utilities, etc. Buettner agreed that they would hav'
to tear it up and noted this was the reason for the sidewall
improvement agreement. Harvey felt it an undue hardship
that they construct a sidewalk that will be torn up.
Peter Van Domelen, representing the applicant, noted there
will always be a gap in the sidewalk since the sidewalk
across the parkinq lot of BUllOCk'S 1S not paved, The
aDD~1can~ wishes to sell the two lwts surroun~ing t~vic-
torian since he WC10 ..uvL a,llvwt;:d "LO 1:ear down thl.S structu~
e U~ 1ng 1.5 no 10 suitable condition for relocation~
Hunt moved to recommend exemption trom strict application 0
subdivision regulations applied to the Beriro subdivision
of Lots D, E, and F, Block 24, City and Townsite of Aspen,
provided that the owner construct an 8' sidewalk across
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.Il4DfFOIIlO ..l,I......HING co., DENVEIIl
R E CaR D a F P R ac E E DIN G S
Regular Meeting
Aspen Planning and Zoning Commission
September 4, 1979
Lots E within 12 months of Council approval of this exemp-
tion, Pardee seconded. All in favor, motion approved.
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Hibberd
Subdivision
Exemption
Grice introduced the application. The property is located
at the corner of North 7 and North Street. The applicant
requests condominiumization. City Engineering recommends
approval subject to the granting of an easement for drainag<
and the installation of water meters by April 1, 1980. The
rent is .47/square feet. The Planning Office recommends
approval subject to the conditions of the City Engineer,
the property being deed restricted to six month minimum
leases, the notice and option provisions of Section 20-22(a
and further that the north unit be deed restricted by
covenant limiting both price and occupancy of the north
unit for a period of five years.
Horizons III,
Subdivision
Exemption
Harvey moved to recommend exemption from strict application
of the subdivision regulations as applied to the Hibberd
Subdivision of a duplex on Lot G, H, and I, Block 8, City
of Aspen, provided that 1) both units comply with the six
month minimum lease with no more than two shorter tenancies
per year and is so deed restricted, 2) the granting of a
10' drainage easement along the westerly boundary of Lot G
between North Street and the alley, 3) that individual
water meters are installed prior to sale of either unit in
any case no later than 90 days after Council approval of
this exemption, 4) that the north unit be deed restricted
by covenant limiting both price and occupancy for a period
of five years to the moderate and middle income guidelines
as set by the City of Aspen, Pardee seconded. All in favor
motion approved.
Grice introduced the application. City Engineering notes
that they propose two driveways which is not consistent wit
the City code. They also wish the applicant to install
separate electric and water meters and to enter into an
improvement district for the construction of curb, gutter
and sidewalks, Since this is a new unit, it cannot fall
under the rental guidelines. The City Attorney and Plannin
Office recommends approval subject to the six month minimurr
lease restriction with no more than two shorter tenancies
per year and subject to the City Engineer's comments.
Pardee moved to recommend exemption from ~trict applicatior.
of the subdivision regulations as applied to the Horizons
III subdivisions sUbject to the property being held deed
restricted for six month minimum lease term, no more than
two shorter tenancies in any calendar year and subject to
the comments of the City Engineer in his memo of August 14,
Harvey seconded. All in favor with the exception of Hunt,
motion approved.
Tipple Lodge
Resolution
Hunt asked that they add that this subdivision may poten-
tially reduce the number of tourist units and place adverSE
pressure on surrounding zones for tourist accommodation.
Mrs. Faulkner read a formal statement to the commission
appealing to them for the approval of this subdivision.
The Commission thanked her for the statement and for their
honesty in the deliberation of this very important issue.
Klar apologized for confusing the Tipple Inn and the Tipp',
Lodge, Hunt felt his main problem with the application w,,,
the disintegration of management. Harvey was disappointed
that they could enforce on-site management but could not
force an owner to short-term his unit~
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RECORD OF PROCEEDINGS
1 00 Leaves
'0Il1ll" C. r.HOfCKtl 8. B.. l. CQ.
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ORDINANCE NO. J5'"
(Series of 1981)
.
AN ORDINANCE AMENDING SECTION 20-l4(e)
OF THE MUNICIPAL CODE OF THE CITY OF
ASPEN, COLORADO, BY ADDING A NEW
SENTENCE EXEMPTING FROM THE NINETY
(90) DAY RECORDATION REQUIREMENT CON-
TAINED THEREIN THE RECORDING OF CONDO-
MINIUM MAPS, DECLAfuiTIONS OR ANY OTHER
DOCUMENTS REQUIRED TO ACCOMPLISH A
CONDOMINIUMIZATION IN THE CITY OF ASPEN.
.
WHEREAS, at the request of the City council, the
Aspen Planning and Zoning commission considered and
has recommended amending Section 20-l4(e) of the Aspen
Municipal Code so as to add a new sentence providing
that the ninety (90) day recordation requirement con-
tained therein shall not apply to the recording of.
condominium maps, declarations or any other documents
required to be recorded to accomplish a condominiumization
in the City of Aspen, and
WHEREAS, the city Council desires to accept the
recommendation of the Aspen Planning and Zoning commission
and amend Section 20-l4(e) of the Municipal Code of the
city of Aspen by adding the sentence recommended by Aspen
Planning and zoning commission Resolution No. 81-4,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF ASPEN, COLORADO:
Section 1
Section 20-l4(e) of the Municipal Code of the City
of Aspen, Colorado, is hereby amended by adding the fol-
lowing sentence at the end of that section:
.
"The ninety (90) day recordation require-
ment contained herein shall not apply to
the recording of condominium maps, de-
clarations or any other documents required
to be recorded to accomplish a condominium-
ization in the City of Aspen".
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RECORD OF PROCEEDINGS 100 Leaves
.01111I ~ C. ..HllECKtL 8. ... l. CO.
Section 3:
If any subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid
.or unconstitutional by any court of competent jurisdiction,
.
such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect
the validity of the remaining portions hereof.
Section 4
A public hearing on the ordinance shall be held on
the /1 day Of~' 1981, at 5:00 P.M. in the city
Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED published as provided
by law by the City Council of the City of Aspen, colorado,
at its regular meeting held on the ~j1 day of ~
1981.
He~
Mayor
ATTEST:
~oi~
City Clerk
V-A.J
FINALLY adopted, passed and approved on the jl
day of ~
, 1981.
H. Michael
Mayor Pro Tern
ATTEST:
~
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Kathryn . Koch
City Clerk
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RECORD OF PROCEEDINGS
100 Leaves
'011'" '" c.,. HO~CK[L I. I. III l. co.
"
STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
CERTIFICATE
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!:
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I, Kathryn S. Koch, City Clerk of Aspen, Colorado,
do hereby certify that the above and foregoing ordinance was
introduced, read in full, and passed on .. ~
l
reading at a regular meeting of the City Council of the
City of Aspen on ~ 4/} , 19 2(, and published'
in the Aspen Times a weekly newspaper of general circul-
iltion, published in the City
issue of ~~ t.JO
of Aspen, Colorado, in its
, 19,?fl, and was finally
adopted
and approved at a
'777ay II ' ,
Ordinance No. ~ '
regular meeting of the City Council
19 fil,
on
and ordered published as
Series of 19,~, of said City, as
provided by law.
IN WITNESS WHEREOF, I have hereunto set my hand and
the seal of said City of Aspen, Colorado, this /~
day of ~ ' 19Y1.
"
~,~
City Clerk
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SEAL
Deputy City Clerk
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CITY OF A~"EN ..
MEMO FROM ALICE DAVIS
S LU'\.(t~
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(i--a.Le:f.;:) Pert,' rt 5
Phone: 9:<5 - s.171.tl
Project: "h(l) d \"1'):" '1 ~;;'Jr,
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Date: :7fq / ,q V;J' 'J
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No. of Hours:
;1
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
(303) 925-2020
LAND USE APPLICATION FEES
City /3-t'..:>-
00113 ' 63721 . 47331 ' 52100 GMP/CDNCEPTUAL
63722 . 47332 . 52100 GMP/PRELlMINARY
63723 - 47333 - 52100 GMP/FINAL
63724 - 47341 ' 52100 SUB/CONCEPTUAL
63725 - 47342 ' 52100 SUB/PRELIMINARY
63726 - 47343 ' 52100 SUB/FINAL
63727 - 47350 - 52100 EXCEPT/EXEMPTION
63728 - 47350 - 52100 REZONING
63729 . 47360 - 52100 SPECIAL REVIEW
SUB.TOTAL
County
00113 ' 63711 ' 47331 . 52200 GMP/GENERAL
63712 ' 47332 . 52200 GMP/PRELlMINARY
63713 - 47333 ' 52200 GMP/FINAL
63714 . 47341 ' 52200 SUB/GENERAL
63715 . 47342 ' 52200 SUB/DETAILED
63716 ' 47343 ' 52200 SUB/FINAL
63717 ' 47350 - 52200 SPECIAL REVIEW
63718 ' 47350 ' 52200 REZONING
63719 ' 47360 . 52200 SPECIAL APPROVAL
SUB.TOTAL
PLANNING OFFICE SALES
00113 ' 63061 ' 09100 . 52200 COUNTY CODE
63063 . 09100 . 52200 ALMANAC
63062 ,09100 ' 52300 GMP
63066 . 09100 - 52300 COPY FEES
63069 ' 09100 OTHER
SUB,TOTAL
TOTAL
Name: lj~!/rJ1l1 f J/::.lf
Address: lilY., '. 1Ilal/'l"
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Check No,
Additional Billing:
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