HomeMy WebLinkAboutcoa.lu.ec.Smuggler Mobile Home Park, Parcel C
MEMORANDUM
TO: Aspen City Council
FROM: Colette Penne, Planning Office
RE:
Smuggler Mobile Home Park - Subdivision Exception for Parcel C and
Amendment to SPA Plan
DATE:
August 9, 1982
APPROVED AS TO FORM:
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Location:
Parcel C, Smuggler Mobile Home Park Subdivision
Zoning:
Applicant's
Request:
SPA
Subdivision exception and amendment to the SPA Plan for the
purpose of forming 17 fee simple lots to assist in obtaining
financing for the employee units which were approved as part
of the Smuggler Mobile Home Park Subdivision.
Referral
Comments:
Acting City Housinq Director
This appears to be in agreement with the subdivision agreement.
Engineering Department
1. The plan as submitted does not indicate adequate separation
between the water and sanitary sewer lines.
2. All water mains shall be ductile iron pipe with isolation
valving installed to City specifications.
3. Prior to recordation, the plat should include the following:
a. All pertinent certificates;
b. Indicate monuments in place;
c. Indicate common elements.
Planning
Review:
Office
Final plat approval was granted in the subdivision review process
for the Smuggler Mobile Home Park on February 22, 1982. In that
process, Parcel C was earmarked for providing 17 spaces for new
mobile homes to be used for employee housing. These units are
restricted to sales and rental price guidelines (following the
initial sale) not to exceed "middle income" housing el igibil ity
guidelines. All restrictions and covenants are applicable and
will not be affected if this request is granted.
The applicant's intention in forming fee simple lots is to qualify
the units for financing through the Federal National Mortgage
Association (FNMA) loan programs for manufactured housing, or
in the event that the FNMA package does not materialize, to make
the properties more appealing to local lenders.
In terms of FNMA's requirements, the units must be "permanently
affixed to a foundation and assume the characteristics of resi-
dential property. The purchase of the land and home must represent
a single real estate transaction under a state law and must be
evidenced by a recorded mortgage or deed of trust." The cooperative
ownership of land and individual ownership of mobile homes is not
an eligible arrangement.
Memo: Smuggler Mobile Home Park
Page Two
August 9, 1982
The lots are all 3,000 square feet or greater (meeting Code
standards) and this change from cooperative to individual
ownership will not result in any different use of Parcel C than
that outlined in the subdivision review process. The ownership
of individual lots is a cleaner concept for which lenders might
be more receptive.
Planning and
Zoning Action
and
Planning Office
Recommendation:
Approval of subdivision exception and amendment to the SPA Plan
to form 17 fee simple lots in Parcel C of the Smuggler Mobile
Home Park Subdivision with the conditions:
1. The three concerns in the Engineering Department's memo be
mitigated.
2. All lots created must comply with the Mobile Home Code area
and bul k requirements.,
3. Approval of the documents for Parcel C's Homeowners Association
and all documents pertaining thereto by the City Attorney to
insure cooperation with respect to maintenance, etc., between
the new Homeowners Association for Parcel C and the existing
Smuggler Mobile Homeowners Associatfon,
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Council
Action
If Council concurs with the action of the Planning and Zoning
Commission, the appropriate motion is as follows:
"I move to approve subdivision exception and to read Ordinance
No.4C> to form 17 fee simple lots in Parcel C of the Smuggler
Mobile Home Park Subdivision with the conditions:
1. The three concerns in the Engineering Department's memo be
miti gated.
2. All lots created must comply with the Mobile Home Code
area and bulk requirements.
3. Approval of the documents for Parcel C's Homeowners Asso-
ciation and all documents pertaining thereto by the City
Attorney to insure cooperation with respect to maintenance,
etc., between the new Homeowners Association for Parcel C
and the existing Smuggler Mobile Homeowners Association,"
"I move to adopt Ordinance No.4D on first reading."
iNSUBSTANTIAL AMENDMENT TO APPROVED PUD OR SPA PLAN
Application Package Contents
Attached is a Development Application package for submission of
your application. Included in this package are the following
attachments:
1. Application Form
2. Description of Minimum Contents of Development Application
3. Description of Specific Contents for Submission of your
Application
4. Copy of Review Standards for Your Application
5. Public Hearing Notice Requirements Summary
6. General Summary of Your Application Process
Generally, to submit a complete application, you should fill in
the application form and attach to it that written and mapped
information identified in Attachments 2 and 3. Please note that
all applications require responses to the review standards for
that particular development type. The standards for your
application are listed in Attachment 4.
You can determine if your application requires that public notice
be given by reviewing Attachment 5. Table 1 of that attachment
will tell you whether or not your application requires notice and
the form the notice should take. Your responsibilities in this
regard are summarized in the cover explanation to the table.
We strongly encourage all applicants to hold a p~-application
conference with a Planning Office staff person so that the
requirements for submitting a complete application can be fully
described to you.
Please also recognize that review of these materials does not
substitute for a complete review of the Aspen Land Use
Regulations. While this application package attempts to
summarize the key provisions of the Code as they apply to your
type of development, it cannot possibly replicate the detail or
the scope of the Code. If you have questions which are not
answered by the materials in this package, we suggest that you
contact the staff member assigned to your case or consult the
applicable sections of the Aspen Land Use Regulations.
appcover
ATTAOJMENr 1
I1IND USE 1\PPLICATION FORM
1) Project Name
2) Project r.ck.tion
(indicate street acim!ss, lot &: block nmber, 1egal. description ~
ar;p:rq>ri<: ::e)
3)
Present Zoning
4) lDt Size
5) Jlfplicant's Name, l\&h:ess &: l'hone I
6) Representative's Name, Address &: B10ne I
7) Type of Jlfplication (please check all that ar;ply) :
Conlitional Use
_ 0:n::epbJal. SPA
_ O:lnoeptllal. Historic ~.
_ Special Review
8040 Greenline
Final SPA
Final. Historic Ibv.
_ 0:xx:epbJal. RID
Minor Historic D:..~.
.'
_ stream Margin
Final roo
Historic Demolition
M:Jmrt:ain view Plane
SUhlivision
_ Historic Designation
Condcminiumization _ TextfMap l\merrloent
~ IDt SplitjIDt: Line
AdjustIIent
8) ~ption of Existing Uses (nmber and type of existing struc::t:w:es;
ar;proxilJlate sq. ft.; nmber of L.:.lLu..w:>; any pmv3.CXlS ar;provals granted to the
property) -
~ .~ Allotment
_ ~ Exenpti.on
9) Des=-iption of Ibvelq::m=t lIWlicatian
-1i:'
10) Have you attached the follOJing?
Response to Attachment 2, MiniDum SlIhni"'^<::ion O:lnt:errt:.s
Response to Attad1ment J, Specific Sl1hni<::<::ion O:lnt:errt:.s
_ Response to Attachment 4, Review starrlards for Your lIWlication
ATTACHMENT 2
Minimum Submission Contents for All Deve10pment Applications
All Development Applications shall include, at a minimum,
the following information and materials.
1. The applicant's name, address and telephone
number, contained within a letter signed by the
applicant stating the name, address, and telephone
number of the representative authorized to act on
behalf of the applicant.
2 . The street address and legal description of the
parcel on which the development is proposed to
occur.
3. A disclosure of ownership of the parcel on which
the development is proposed to occur, consisting
of a current certificate from a title insurance
company, or attorney licensed to practice in the
State of Colorado, listing the names of all owners
of the property, and all mortgages, judgments,
liens, easements, contracts and agreements
affecting the parcel, and demonstrating the
owner's right to apply for the Development
Application.
4. An 8 1/2" X II" vicinity map locating the subject
parcel within the City of Aspen.
5. A written description of the proposal and an
explanation in written, graphic or model form of
how the proposed development complies with the
review standards relevant to the Development
Application.
attach2.applications
ATTACHMENT 3
Specific Submission Contents: Insubstantial Amendment or
Exemption Approval By Planning Director
The request for Planning Director approval of an Insubstantial
Amendment or Exemption shall contain the following items:
1. A written description of the existing conditions on the
property which are requested to be altered via the
amendment or exemption.
2. Such site plan drawings or elevations as may be
necessary to adequately evaluate the proposed amendment
or exemption.
3. A listing of all previous development approvals granted
to the property, with the approximate dates of said
approvals.
4. A copy of any recorded document which affects the
proposed development, including but not limited to
recorded plats, agreements and deed restrictions. If
changes are proposed to said recorded documents, these
should be "red-lined" onto a copy of the original
document.
at3.insubstantial
ATTACHMENT 4
Review standards: Development Application for
Insubstantial Amendment to Approved PUD or SPA P1an
1. An insubstantial amendment to an approved Final
Development Plan may be authorized by the Planning
Director. An insubstantial amendment shall be limited
to technical or engineering considerations first
discovered during actual development which could not
reasonably be anticipated during the approval process.
The following shall not be considered an insubstantial
amendment:
a. A change in the use or character of the
development.
b. An increase by greater than three (3%)
percent in the overall coverage of structures
on the land.
c. Any amendment that substantially increases
trip generation rates of the proposed
development, or the demand for public
facilities.
d. A reduction by greater than three (3%)
percent of the approved open space.
e. A reduction by greater than one (1%) percent
of the off-street parking and loading space.
f. A reduction in required pavement widths or
rights-of-way for streets and easements.
.
g. An increase of greater than two (2%) percent
in the approved gross leasable floor area of
commercial buildings.
h. An increase by greater than one (1%) percent
in the approved residential density of the
proposed develompent.
i. Any change which is inconsistent with a
condition or representation of the project's
original approval or which requires granting
of a further variation from the proj ect' s
approved use or dimensional requirements.
The Planning Director's evaluation shall compare
the proposed amendment to the original approval
and if any other amendments have been approved
since the original approval, shall consider the
cumulative impacts of all approvals granted.
2. All other modifications shall be approved pursuant
to the term~ and procedures of the Final Develop-
ment Plan, provided that the proposed change is
consistent with or an enhancement of the approved
Final Development Plan. If the proposed change is
not consistent with the approved Final Development
Plan, the amendment shall be subject to both
Conceptual and Final Development Plan review and
approval.
3. During the review of the proposed amendment, the
Commission and city Council may require such
conditions of approval as are necessary to insure
that the development will be compatible with
current community conditions. This shall include,
but not be limited to, applying to the portions of
the development which have not obtained building
permits or are proposed to be amended any new
community policies or regulations which have been
implemented since the original approval, or taking
into consideration changing community
circumstances as they affect the project's
original representations and commitments.
The applicant may withdraw the proposed amendment
at any time during the review process.
4. In the absence of an approved Final Development
Plan, an accurate improvements survey of existing
conditions may be substituted to permit evaluation
of whether the proposed activity is an insubstan-
tial or other change to the site.
at4.amend.pud
2
Attachment 6
General Summary of Consent Agenda/Staff Approval Application
Process
L Application Types: The following are the Development
Applications which are processed as staff level approvals:
* Exempt Historic Development
* Exempt ESA Development
* GMQS Exemption for remodeling or reconstruction, minor
development to a historic landmark, development of a
single family or duplex dwelling or minor expansion of
a commercial or office use.
* Minor Amendments to approved Conditional Use, Special
Review, SPA, PUD, Subdivision or GMQS.
2. Development Review Procedure Snmm",ry: The zero step staff
approval application process is shown in the attached
figures and can be described as follows.
Stage One: Attend pre-application conference. The purpose
of this one-on-one meeting with staff is to determine
whether your development proposal can be processed at the
staff level and if so, to identify the materials staff will
need to review your application.
Stage Two: Submit development app1ication. Based on your
meeting with staff, you should respond to the appropriate
portions of the application package and submit the requested
number of copies of a complete application, with the
appropriate processing fee, to the Planning Office.
Stage Three:
working days
package will
be notified
complete or
time.
Determination of Completeness. within five
of the date of your submission, the application
be reviewed by a member of the staff. You will
in writing of whether the application is
if additional materials are required at this
stage Four: Review of Development Application. Once your
application is determined to be complete, it will be
reviewed by the staff for compliance with the applicable
standards of the Code. within five working days, a memo
will be written by the staff member for signature by the
Planning Director. ,Xhe memo will explain whether your
application complies with the Code and will list any
conditions which should apply if the application is to be
approved.
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MEMORANDUM
i-~(R~lli8W~ n
l JUL 8 1982 ,U
ASPEN / PITKm CO.
", PlANNING OFFICE
*
TO:
Colette Penne, Planning Office
FROM:
Jay Hammond, Engineering Department
DATE:
July 2, 1982
RE:
Smuggler Mobile Home Park Subdivision Exception
and Amendment to SPA Plan
Having reviewed the above application, and made a site
inspection, the Engineering Department has the following
comments:
1. The plan as submitted does not indicate adequate separation
between the water and sanitary sewer lines.
2. All water mains shall be ductile iron pipe with isolation
valving installed to City specifications.
3. Prior to recordation, the plat should include the following:
a. All pertinent certificates.
b. Indicate monuments in place.
c. Indicate common elements.
JH/CO
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RECORD OF PROCEEDINGS
100 Leaves
FO~""~ C. F. H"FtKFl a. ~. a l. C.1,
ORDNIANCE NO.
(Series of 1982)
AN ORDINANCE AMENDING THE SPA PLAN ADOPTED FOR THE SMUGGLER
MOBILE HOME PARK THROUGH ORDINANCE NO.1 (SERIES OE' 1982)
TO CHANGE THE OWNERSHIP IN PARCEL C FROM COOPERATIVE OWNERSHIP
TO FEE SIMPLE OWNERSHIP FOR EACH LOT
WHEREAS, Smuggler Ltd., a Colorado corporation, is the trans-
feree of the Aspen Mountain Park partnership and tne owners of the
property outlined in Exhibit A, and
,
WHEREAS, Ordinance No. 1 (Series of 1982) adopted a precise
plan for land designated Parcel C of the Smuggler Mobile Home Park
to provide 17 spaces for new mobile homes for employee housing,
and
WHEREAS, any amendment to the previously adopted SPA Plan
must be made through the same process of ordinance adoption, and
WHEREAS, the change from cooperative ownership of the land to
'fee simple ownership of individual lots is seen as an arrangement
to which lenders will be more receptive, and
WHEREAS, all restrictions and covenants of the earlier
approval are unaffected by this alteration of the SPA Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That an amendment to the SPA Plan for the Smuggler Mobile
Home Park Subdivision, adopted through Ordinance No. 1 (Series of
1982) be made which will change the ownership of land in Parcel C
from cooperative to 17 fee simple lots.
Section 2
If any section, subsection, sentence, clquse, phrase or por-
tion of this ordinance is for any reason held invalid or unconsti-
tutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
o
:)
RECORD OF PROCEEDINGS
100 Leaves
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such holding shall not affect the validity of the remaining por-
tions thereof.
Section 3
.A public hearing on the ordinance shall be held on the
day of , 1982, at 5:00 P.M. in the City Council
Chambers, Aspen City Hall, 130 South Galena Street, Aspen,
Colorado, 15 days prior to which hearing notice of the same shall
be published once in a newspaper of general circulation within the
City of Aspen.
INTRODUCED, READ AND ORDERED published as provided by law by
the City Council of the City of Aspen, Colorado, at its regular
meeting held
, 1982.
Herman Edel, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this
day of
, 1982.
Herman Edel, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
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ItlVOICE
",Stewart TQe of Aspen, Inc.
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Box 3050 Aspen, Colorodo 81611
INVOICE No. 13151
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DATE
Mny 29, 19';1
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Intenrht Inc.
The Durilnt Hilll
710 East DUl:ant Street
Aspen, Co. 81611
OROER OF
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OUR JOB NO.
YOUR CASE NO
'R'EF OESCR'PTlON Please show invoice 110. 011 remittilnce
Ownership Report
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$50.00
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East Aspen Tovns1te: E~ of S~ "nd H', of ,r.l,; of 7"" lOS-f,4W
15. Michael J. Garrish
16. Anne Peterson
17. David L. Pustolka
18. Parker Quillen and Joan F. Quillen
19, Jeffrey S. Shoaf
20. Charles A. Maple and BryceM. Maple
Although we believe the facts stated are true, thIs CertIfIcate Is not to be
construed as an abstract of t[tle, nor an Or~nlbn of tttlr. flor a Runr~nty of
title. and it 1s lIndcrRtood .1nd :1r.,r('('u thnt Stewart Tltl(> or ^~ppn, Tnl:. .ru"ft.Il(.r
assumes, nor will hE" chnr~ed with ;1Oy flnnnct;1.I. {)hltf~ntlon or I,lnhlllty Wh;tll"vror
on account of any Atntpmcnt C(1lllnLned tlE"reJn.
.
Dat..d at Aspen. Co)",',,"". thts 27th day of
May
^ .n. 1981
"t8:00 A.M.
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STEWART T LTLE 01' A$I'EN. lNC.
IIEREBY CERTIFIES from a
the following described
search of the books In thls of[ Ice th;\t the adjacent owners of
parc el :
SEE EXHIBIT A
. Situated in the County of PItkIn, State uf Colorado, app"ar" to he vest"d In Iho:
name of:
1. Luke W. Anthony
2. Neligh C. Coates, Jr.
3. Creative Mt. Development, Inc.
4. Richard 11.. Brownell
5. Lois M. Brownell
6. Jay R. Kuhne Associates of Nevada. Inc.
7. Guy F. Grover
8. Top of Aspen, Inc.
9. Silver King Associates, a Colorado Limited Partnership
10. Silverking Investments, Ltd., a Colorado Limited Partnership
11. Stanley E. Laureski and Rose Marie Laureski
12. County of Pitkin
13. Edwin C',Vare
14. City of Aspen
15. Michael J. Garrish
16. Anne Peterson
17. David L. Pustolka
18. Parker Quillen and Joan F. Quillen
19. Jeffrey S. Shoaf
20. Charles A. Maple and Bryce M. Maple
Although we believe the facts stated are true, tht" C!'rttrlcate 1" not to b"
construed as an nhRtrnc:t of tltlr>, nor nn op~nlon of title", nor:a RURcnnty (H
title, and it Is undcr"tood and ar.reed that Stewart Title of Aspen, Tnc. nelthp,.
assumes, nor will be charged with any flnanclal obURation or lL1blllty what('vpr
on account of any statement contntned h!'reln.
.
Dated at Aspen, Colorado, thls 27th day of
May
A.IJ. 1981
at8:00 A.M.
STEWART .'1' I TLE OF A:; I'EN. I NC.
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Addresses of these adjacent landowners are as follows:
I. 1601 W. Mississippi
Denver, CO 80210
2. P.O. Box 4949
Aspen, CO 81612
3. P.O. Box 4949
Aspen, CO 81612
4. P.O. Box 1477
. Aspen, CO 81612
5. P.O. Box 164
Aspen, CO 81612
6. P.O. Box 4469
Aspen, CO 111612
7. Route I
Romley, IA 52329
8. 16838 E. Palisades Blvd.
Fountain Hills, AZ 85268
9. Box 3263
Scottsdale, AZ 85251
la. Box 3263
Scottsdale, AZ 85251
11. P.O. Box 803
Aspen, CO 81612
12. 506 E. Main St.
Aspen, CO 81612
13. 818 Blake Ave.
Glenwood Springs, CO 81601
14. 130 S. Galena
Aspen, CO 81611
IS. P.O. Box 621
Aspen, CO 81612
16. 860 Gibson Ave.
Aspen, CO 81611
17. 530 E. Bleeker Suite 5
Aspen, CO 81611
18. 'P.O. Box 15156
.Aspen, CO 81612
19. P.O. Box 312)
Aspen, CO 81612
20. 927 Gibson Ave.
Aspen, CO 81611
.
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CERTIFICATE OF MAILING
I hereby certify that on this 2nd day of July, 1982, a true
aAd correct copy of the Notice of Public Hearing regarding Amendment
to SPA Plan - Parcel C of Smuggler Mobile Home Park
was deposited into the United States mails, postage prepaid, and
addressed to the following:
. 1. County of Pitkin
506 E. Main Street
Aspen, CO 81611
2. Top of Aspen, Inc.
16838 E. Palisades Blvd.
Fountain Hills, AZ 85268
4. Smuggler Mobile Home Owner's Assoc.
Box 606
Aspen, CO 81612
5. McCulloch Properties, Inc.
16838 E. Palisades Blvd.
Fountain. Hills, AZ 85268
4
3. Jay R. Kuhne
Jay R. Kuhne Assoc. of Nevada, Inc.
P. O. Box 4469
Aspen, CO 81612
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PUBLIC NOTICE
RE: Amendment to SPA Plan - Parcel C of Smuggler Mobile Home Park
NOTICE IS HEREBY GIVEN that a public hearing will be held before the
Aspen Planning and Zoning Commission on Tuesday, July 20, 1982 at a meeting
to begin at 5:00 P.M. in the City Council Chambers, City Hall, 130 S. Galena,
Aspen, to consider an application submitted by Smuggler, Ltd., a Colorado
Corporation,. to amend the adopted SPA Plan for the Smuggler Mobile Home Park
for Parcel C by creating seventeen (17) fee simple lots through the subdivi-
sion exception process. For further information, contact the Planning Office,
130 S. Galena, Aspen, 925-2020, ext. 223.
sjPerryHarvey
Chairman, Aspen Planning and Zoning
Commission
Published in the Aspen Times on July 1, 1982
City of Aspen Account
JOB NO. 63
TRACY TITLE, LTD.
HEREBY CERTIFIES from a search of the books in this office that the adjacent
owners of the following described parcel:
PARCEL C,
Smuggler Mobile Home Park Subdivision, according to the map thereof recorded
April 8, 1982 in Plat Book 13 at Page 25,
Situated in the County of Pitkin, State of Colorado, appears to be vested In the
names 0 f
1. Smuggler Mobile Home Owner's Association, a Colorado Cooperative Association
/ 2. Jay R. Kuhne
v 3. County of pitkin
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4. McCulloch Properties, Inc., a Delaware corporation
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c 5. Top of Aspen, Inc., a Colorado corporation
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Although we believe the facts stated are true, this Certificate is not to be
construed as an abstract of title nor an opinion of title, nor a guaranty of
title, and it is understood and agreed that Tracy Title, Ltd., neither assumes,
nor will be charged with any financial obligation or liability whatever on
account of any statement contained herein.
Dated at Aspen, Colorado, this 21st day of June A.D. 1982 at 8:00 a.m.
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TO:
Aspen Mountain Park/Smuggler Trailer Park File
FROM:
RWH
DATE:
July 21, 1982
RE:
Planning Office Memo re Subdivision Exception
Our application for subdivision exception for the
creation of 17 new fee simple lots on Parcel C was approved by
the Planning & Zoning Commission last night subject to the
following conditions:
(a) satisfaction of all engineering concerns set
forth in its memorandum;
(b) all lots created shall comply to the Mobile Home
Code area and ~_ requirements; and
b~ Ie;
(c) the City Attorney shall first approve any
resulting homeowners' association and all documents pertaining
thereto to insure cooperation with respect to maintenance and
the like between the Smuggler Mobile Home Owners' Association
and any resulting new homeowners I association.
The latter requirement was imposed by Lee Pardee who
felt that there might be a problem in having the Parcel A
homeowners' association insure performance by the Parcel C
homeowners for things like common maintenance. I assured Lee
that issues like common maintenance were already the subject of
existing agreements between the homeowners association and
Aspen Mountain Park the terms, conditions and obligations of
which were binding upon all the successors and grantees of the
parties to the contract. I should try to discuss the issue
further with Gary Esary who was at the meeting last night and
determine if, in fact, he wants me to do anything further by
way of an amendment to these agreements or the like. I will
also need in the immediate future to prepare appropriate
articles of incorporation, by-laws, rules and regulations and
the li~e for the Parcel C homeowners' association. - :r~\
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LAW OFFICES
OATES, HUGHES & KNEZEVICH
LEONARD M. OATES
ROBERT W. HUGHES
RICHARD A. KNEZEVICh
DEBORAH QUINN
PROFESSIONAL CORPORATION
SUITE 200
600 EAST HOPKINS AVENUE
ASPEN, COLORADO Bt611
June 15, 1982
AREA CODE 303
TELEPHONE 920-1700
TELECOPIER 920-1121
Aspen City Council
203 S. Galena Street
Aspen, CO 81611
Aspen Planning and Zoning Commission
203 S. Galena Street
Aspen, CO 81611
Aspen-Pitkin Planning Office
Attn: Alan Richman
203 S. Galena Street
Aspen, CO 81611
Re: Parcel C, Smuggler Mobile Home Park
Subdivision
Ladies and Gentlemen:
Request: Kindly allow this letter to serve as the
request of Smuggler Ltd., a Colorado corporation (and the
transferee of the Aspen Mountain Park partnership) under Section
20-19 of the City Code, for exception from the strict application
of the subdivision review processes in connection with the
further subdivision of Parcel C into 17 fee simple lots, more
particularly shown and described on the Lot Line Survey of Parcel
C which accompanies this request.
Background and Purpose of Request. Parcel C of the
Smuggler Mobile Home Park Subdivision is one of the four parcels
created during the recently concluded subdivision review process
for the Smuggler Mobile Home Park, which culminated in final plat
approval on February 22, 1982. Parcel C was identified during
that process as the parcel on which 17 new mobile homes would be
installed for employee housing purposes. The Precise Plan and
Subdivision Agreement for Smuggler Mobile Home Park, which was
recorded in Book 424 at Pages 780-845 of the Pitkin County real
property records, provides as follows:
"B. Employee Housing Dedications and
Restrictions Pertaining to Parcel C. In
consideration of the SPA and subdivision
approvals herein granted, the Owner hereby
dedicates Parcel C for use as employee
housing and hereby covenants with the City
that the mobile homes or any other dwelling
o
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OATES, HUGHES & KNEZEVICH, P. C.
Aspen City Council
Aspen Planning and Zoning Commission
Aspen-Pitkin Planning Office
June 15, 1982
Page 2
units to be located on Parcel C shall and
hereby are restricted to use as employee
housing pursuant to Section 24-11.4(b) (3) of
the Municipal Code of the City of Aspen and
as such to rental and, except with respect to
initial sales by the Owner as hereinafter
provided, sales price guidelines and to
occupancy limitations not to exceed "middle
income" housing eligibility guidelines from
time to time established by the City.
However, the application of such sales price
guidelines shall not preclude the right of
the Owner, its successors and assigns to
market and sell such mobile homes, at its
sole marketing discretion, for up to Seventy
Thousand Dollars ($70,000.00), which
discretion is hereby confirmed and agreed to
by the City. For purposes of the income
category into which such initial sales shall
be deemed to fall, the City agrees that the
income and occupancy housing eligibility
guidelines in effect on September 22, 1980,
shall apply. Prior to the sale or rental of
any mobile home within Parcel C, the proposed
purchaser or lessee, as the case may be,
shall first have his or her eligibility and
qualifications under the guidelines
determined and certified in writing by the
City or a designated functionary thereof.
The City shall be entitled to a fee of up to
one-half (1/2) of one percent of the purchase
price of the mobile home or ten percent (10%)
of one month's rent payable from and at the
closing of the sale of the mobile home by the
purchaser or at the inception of the tenancy
by the tenant, as the case may be, to defray
the cost of qualifying prospective purchasers
or tenants in accordance with this Agreement.
Additionally, the remedies and sanctions
applicable in the event of any actual or
attempted violation of these guidelines and
restrictions shall be as set forth in this
Section II, Paragraphs A(l) (e) and A(2) (d).
C. Effect of Employee Housing
Dedications, Covenants and Restrictions.
o
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OATES, HUGHES & KNEZEVICH, P. C.
Aspen City Council
Aspen Planning and Zoning Commission
Aspen-Pitkin Planning Office
June 15, 1982
Page 3
None of the employee housing dedications,
covenants and restrictions contained
hereinabove with respect to Parcels A and C
shall be released or waived in any respect
during the period they are binding without
the prior consent of the City reflected by
resolution thereof. The dedications,
covenants and restrictions herein set forth
shall be deemed to run with the land herein
described (Parcels A and C) and to be a
benefit and a burden thereto and to anyone
acquiring a record interest therein, and the
successors, grantees and assigns thereof, as
well as being a benefit to and specifically
enforceable by the City. The dedications,
covenants, and restrictions shall be and
remain effective aforesaid for the period of
the life of the longest lived member of the
presently existing City Council of the City
of Aspen, Colorado, plus twenty-one (21)
years, or for a period of fifty (50) years
from the date of recording hereof in the
Pitkin County, Colorado real property
records, whichever period is less."
Those restrictions and covenants continue to apply and are not
intended to be affected and will not be affected by this request
or the granting of this request.
Rather, the purpose of this request is solely to make
the mobile home units to be installed in Parcel C more affordable
to employees by making the housing units qualify for Federal
National Mortgage Association ("Fanny Mae") mortgage loan
programs. This request signifies a first step to that end.
Fanny Mae mortgage loans offer far better loan terms (interest
rate, term of loan, etc.) than can be obtained in the money
market without federally assisted programs. We have accompanied
this request with a copy of a Fanny Mae fact sheet for
manufactured housing. Among other eligibility requirements,
which we hope to meet, Fanny Mae requires that:
"The unit must be permanently affixed to
a foundation and assume the characteristics
of residential property. If manufactured as
a mobile unit, the wheels and axles must be
removed.
o
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OATES, HUGHES & KNEZEVICH, P. C.
Aspen City Council
Aspen Planning and Zoning Commission
Aspen-Pitkin Planning Office
June 15, 1982
Page 4
The purchase of the land and home must
represent a single real estate transaction
under a state law and must be evidenced by a
recorded mortgage or deed of trust. (The
combination of a chattel and real estate
mortgage is not eligible.)" Emphasis in
original.
/
In short, the present situation that applies to Parcel C -- i.e.,
cooperative ownership of land and individual ownership of mobile
homes -- has been excluded from eligibility.
j
Housing Office Endorsement. As you may know, we have
contracted with the Pitkin County Housing Office for the
marketing of the mobile homes to be installed on Parcel C through
the Housing Office to qualified employees. We have been asked by
the Housing Office (Jim Hamilton) to advise you that the Housing
Office does endorse this request and, as well, solicits your
approval. The Housing Office correctly sees this request as a
first step in a process by which living units of better quality
might be made available at lower monthly costs than realistically
could be obtained through financing packages in the non-federally
assisted money market.
Implications. This request seeks only to convert the
form of ownership for Parcel C. It does not and, given the
continuing effect of the restrictions and covenants that apply to
Parcel C and each part and segment thereof, cannot result in a
different or more intense use of Parcel C than resulted from the
exhaustive and demanding review process that all of us just
concluded. The use of Parcel C will remain as a mobile home
Jfacility that complies in all respects with the City's Mobile
Home Code set forth in Chapter 14 of the Municipal Code. The
only alteration that we perceive from this request is that mobile
home lots under individual fee ownership rather than mobile home
spaces under lease from a cooperative association would result.
This, we feel, will be a very positive feature for those
employees who purchase. Cooperatives continue to be something of
a mystery to lenders in our area -- fee simple ownership is a
known concept and lenders are just that much more receptive.
Each of the 17 lots contemplated by this request
consists of approximately 3,000 square feet; none are less than
that size. Parcel C is a part of the Specially Planned Area that
encompasses the entirety of the Smuggler Mobile Home Park
o
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OATES, HUGHES & KNEZEVICH, P. C.
Aspen City Council
Aspen Planning and Zoning Commission
Aspen-Pitkin Planning Office
June 15, 1982
Page 5
Subdivision. That zoning designation continues to shape and
flexibly define the zoning framework for the area.
We do not believe that the creation of fee simple lots
will have any adverse impact on flexibility in future uses of
Parcel C, maintenance, accountability of individual owners,
architectural harmony, the enforcement of rules and regulations,
or the like. These same objectives can be as equally obtained
through covenants, by-laws, rules and regulations under the
auspices of a lot owners' association, as through a cooperative.
In this respect, any distinction between the two is without
difference.
Subdivision Exception. Because of (a) the lengthy
review process that has already attended Parcel C and the larger
area of which it is a part, (b) the fact that this request merely
seeks to convert the form of ownership of Parcel C and, hence,
just does not implicate the purposes and intents of the
subdivision processes, and since (c) we do need a signal from you
as soon as possible in order that we might prepare to meet the
remaining Fanny Mae eligibility requirements, we believe that
this request is appropriate for consideration as an exception to
and from the strict application of the subdivision standards and
review processes of the Code.
We look forward to working with your planning and
engineering staffs on this and appreciate the earliest possible
setting on your agendas.
Thank you for your consideration.
Sincerely,
OATES
By
RWH/caa
Enclosures
FEDERAL NATIO~AL Y.0hIGAGL h~SC~lA~lON
.
C~ Product Summary
~anufactured Housing
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This summary has been prepared as a quick and ready reference for this product. It will be
necessary to refer to the contract supplements and program announcements for complete and
detailed.guidelines.
General
Any FHA, VA, or conventional mortgage secured by manufactured housing classified as
real property and conforming to the criteria provided below can be submitted under any
outstanding FNMA commitment and purchase programs.
Mortgage Eligibility
Unless otherwise noted, submission and purchase of these mortgages will be governed by
the applicable provisions of the FNMA Selling and Servicing Contract Supplements, Program
Announcements, and Lender Letters implementing new purchasing programs, not yet incorporat~~
in .the Contract Supp.lements. .
Mortgages secured by manufactured housing units must meet the following requirements:
The unit must be permanently affixed to a foundation and as~urne the
characteristics of residential property. If manufactured as a mobile
unit, the wheels and axles must be removed.
.
The purchase of the land and home must represent a single real estate
transaction under state law and must be evidenced by a recorded mortgage
or deed of trust~ (The combination of a chattel and real estate mortgage
is not eligible.)
The required title insurance policy must:
,
identify the unit as part of the real property
insure against any loss sustained should the manufactured home
be determined not to be part' of the real property
insure the mortgage is prior and superior
.
The mortgage amount must not include the financins of furniture (except
for kitchen/laundry appliances and carpeting), credit life insurance, property
damage insurance or any other form of insurance.
.
The unit and land must be taxed as real property. In jurisdictions where real
estate taxation is prohibited by law, FNMA will consider submission where the
unit is taxed as Qersonal property.
The Lender must ob~ain from the borrower, and retain in the loan file, a
written "acknowledgment of intent" specifying that it is the borrower's intent
that the unit be a fixture and part of the real property securing the mortgage.
The form and content of this acknowledgment may be drafted by the Lender.
The government insured or guaranteed mortgages must be insured by FHA under Title
II of the National Housing Act or guaranteed by VA under Section 1810. (Mortgages
insured by FHA under Title I or guaranteed under the VA Mobile Home Program are
~ eligible.)
Documentation Requirements
The appropriate 1-4 family FNMA/FHLMC Uniform Instruments, or other documents
approved by and acceptable to the FNMA regional office, must be used for conventional
mortgages. Whether FHA, VA, or conventional, the mortgage or deed of trust must
include an identification of the unit by manufacturer, model, and serial number.
Property Guidelines--Conventiona1 Mortgages
*. An eligible unit may be either a single-section or a mu1tisection.unit. Single-
section units must have a minimum width of 12 feet and contain 700 square feet of
living area.
3/15/82
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Units may be located on an individually owned lot, or in a FNMA approved
subdivision, de minimus PUD, PUD or condominium project. For units in a project
not FNMA approved, FNMA will consider waiver of project approval where compatibility,
marketability, and value of units can be demonstrated and supported with market
data.
".. "-".
c)
.
.
Only units built after June 15, 1976, are acceptable to FNMA. (Units built prior
to June 15, 1976 did not have the benefit of BUD monitored construction standard
compliance. )
*. All units must meet the following requirements:
Be permanently affixed to a foundation system which meets or exceeds performance
requirements of the applicable state or local building code and manufacturer's
installation specifications for permanently affixing unit as distinct from mobile
home installations. If home is located in an area which is not subject to state
or local building codes, the permanent foundation system shall be constructed
and the home affixed to meet the performance requirements of the One and Two
Family Dwelling Code 1979 edition Building Officials and Code Adrnin1strators
International, Inc., Southern Building Code Congress International, or Interna-
tional Conference of Building Officials.
The foundation should be designed for the soil characteristics and wind loads
prevalent to the individual site.
Foundation systems utilizing materials other than poured concrete or cement
block masonry will require FNMA approval. Requests for FNMA approval of
foundation must have manufacturer's recommendations.
*. The property must be comparable to site built housing in the local marketplace.
In this regard it would be expected units have a pitched roof, low profile, covered
front and rear entry, site built steps and porches. Exterior finish to be real
or simulated wood siding, stucco, brick, or a combination. "The material may be
metal or processed hardboard such as masonite.
Lenders are expected to fully comply with FHA/VA appraisal requirements and in
the case of conventional mortgages, follow appraisal guidelines established for any
conventional mortgage purchased by FNMA.
Lender Warranties
By submitting manufactured housing mortgages for purchase, lender warrants that:
Unit was built in accordance with applicable state or local building code, or
industrialized housing building code.
If unit was manufactured as a mobile home, it was built after June 15, 1976, under
the Feneral and Mobile Home Construction and Safety Standard (Title VI, Housing and
Community Development Act of 1974).
Mortgage is not usurious in the state where the property is located.
Delivery For Purchase
Mortgage submission Voucher (FNMA Form 305) should identify manufactured housing
loan by inserting designation -MH" in Block 18 (GNMA Program Number) ~f the Form 30S.
Mortgages secured by manufactured housing units are eligible for the Accelerated
Delivery Program. Lenders submitting mortgages without the title policy must ensur~
that the title policy, when submitted within prescribed 90 day time frame, conforms
to title policy requirements identified previously.
.
*Southwestern Regional Office Requirements
FNMA-SWRO
3/15/82
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MEMORANDUM
TO: Paul Taddune, City Attorney
City Engineering Department
Jim Hamilton, County Housing Director
Ron Mitchell, Acting City Housing Director
Fire Marshal/Building Department
FROM: Colette Penne, Planning Office
RE: Smuggler Mobile Home Park - Subdivision Exception for Parcel C and
Amendment to SPA Plan
DATE; June 21, 1982
Attached please find a request submitted by Smuggler, Ltd., a Colorado corpora-
tion, requesting approval to subdivide Parcel C of the Smuggler Mobile Home
Park (Aspen Mountain Park) into 17 fee si.mple lots for. use as employee housing.
Since the previous subdivision of the Park was executed in conjunction with an
SPA Plan, this is also an amendment to the SPA Plan. This item has been
scheduled for the July 20, 1982 City P & Z agenda; please review and send
comments by Tuesday, July 6.
Thanks!
.
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HEMORANDUM
TO: Paul Taddune/Gary Esary
FROM: Alan Richman
RE: Smuggler MHP Application
DATE: June 22, 1982
As you are probably aware, we received last week an application
by Bob Hughes to subdivide the new park portion of the Smuggler
MHP into 17 fee simple lots. In processing this application I
have a couple of procedural questions which should be answered
upfront.
1. The applicant is requesting subdivision exception for the
processing of this application. This seems appropriate since
we just completed the detailed review of their plans. How-
ever, it seems to me that this request should also be pro-
cessed as an SPA amendment, since we recorded the original
plat as an exhibit to the SPA. Do you agree with this approach?
2. If we are to process this request as an SPA amendment, it is
clear that it will have to go before Council as an ordinance
in two readings. We are not clear, however, if a public hear-
ing is necessary before P & Z, since we would typically take
the applicant through conceptual subdivision and avoid the
preliminary plat hearing requirement. Therefore, the question
is, do we need to schedule a public hearing for the first.. step
of an SPA approval? iT / ., \ .
We would appreciate your timely
that we can advertise for the P
July 20 meeting, if necessary.
response to these questions so
& Z public hearing prior to the
Thank you.
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MEMORANDUM
TO: Paul Taddune, City Attorney
City Engineering Department
Jim Hamilton, County Housing Director
Ron Mitchell, Acting City Housing Director
Fire Marshal/Building Department
FROM: Colette Penne, Planning Office
RE: Smuggler Mobile Home Park - Subdivision Exception for Parcel C and
Amendment to SPA Plan
DATE; June 21, 1982
Attached please find a request submitted by Smuggler, Ltd., a Colorado corpora-
tion. requesting approval to subdivide Parcel C of the Smuggler Mobile Home
Park (Aspen Mountain Park) into 17 fee simple lots for use as employee housing.
Since the previous subdivision of the Park was executed in conjunction with an
SPA Plan, this is also an amendment to the SPA Plan. Tbis item has been.
scheduled for the July 20, 1982 City P & Z agenda; please .review and^'~'
comments by Tuesday, July 6. .',
Thanks!
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TO:
FROM:
RE:
DATE:
Location:
Zoning:
Applicant's
Request:
Referral
Comments:
MEMORANDUM
Aspen City Council
Colette Penne, Planning Office
Smuggler Mobile Home Park Parcel C - Amendment to SPA Plan
Sobdi,',i,o ""pti,o. 20d R"dio, ,f frcd'o,o" ~ 40 ~
September 13, 1982 APPROVED AS TO FORM: 7' f ~
Parcel C. Smuggler Mobile Home Park Subdivision
SPA
Subdivision exception and amendment to the SPA Plan for the
purpose of forming 17 fee simple lots to assist in obtaining
financing for the employee units which were approved as part
of the Smuggler Mobile Home Park Subdivision.
Acting City Housinq Director
This appears to be in agreement wi.th the subdivision agreement.
Engineering Department
1. The plan as submitted does not indicate adequate separation
between the water and sanitary sewer lines..
2. All water mains shall be ductile iron pipe with isolation
valving installed to City specifications.
3. Prior to recordation, the plat should include the following:
a. All pertinent certificates;
b. Indicate monuments in place;
c. Indicate common elements.
Planning Office
Review: Final plat approval was granted in the subdivision review process
for the Smuggler Mobile Home Park on February 22, 1982. In that
process, Parcel C was earmarked for providing 17 spaces for new
mobile homes to be used for employee housing. These units are
restricted to sales and rental price guidelines (following the
initial sale) not to exceed "middle income" housing el igibil ity
guidelines. All restrictions and covenants are applicable and
will not be affected if this request is granted.
The applicant's intention in forming fee simple lots is to qualify
the units for financing through the Federal National Mortgage
Association (FNMA) loan programs for manufactured housing, or
in the event that the FNMA package does not materialize, to make
the properties more appealing to local lenders.
In terms of FNMA's requirements, the units must be "permanently
affixed to a foundation and assume the characteristics of resi-
dential property. The purchase of the land and home must represent
.a single real estate transaction under a state law and must be
evidenced by a recorded mortgage or deed of trust." The cooperative
ownership of land and individual ownership of mobile homes is not
an eligible arrangement.
Memo: Smuggler Mobile Home Park
Page Two
September 13, 1982
The lots are all 3,000 square feet or greater (meeting Code
standards) and this change from cooperative to individual
ownership will not result in any different use of Parcel C than
that outlined in the subdivision review process. The ownership
of individual lots is a cleaner concept for which lenders might
be more receptive.
Planning and
Zoning Action
and
Planning Office
Recommendation:
Approval of subdivision exception and amendment to the SPA Plan
to form 17 fee simple lots in Parcel C of the Smuggler Mobile
Home Park Subdivision with the conditions:
1. The three concerns in the Engineering Department's memo be
mitigated.
2. All lots created must comply with the Mobile Home Code area
and [Wl k requirements..
3.. Approval of the documents for Parcel C"s Homeowners Association
and all documents pertaining thereto by the City Attorney to
insure cooperation with respect to maintenance, etc., between
the new Homeowners Association for Parcel C and the existing
Smuggler Mobile Homeowners Association,
Counci 1
Motion:
Since all concerns relative to the subdivision exception were
handled at first reading, all that is required at the present time
is the following motion:
"I move to adopt Ordinance No. 40 on second reading."
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PL\NNli\!G OFFICE
TO:
Colette Penne, Planning Office
FROM:
Jay Hammond, Engineering Department
*
DATE:
July 2, 1982
RE:
Smuggler Mobile Home Park Subdivision Exception
and Amendment to SPA Plan
Having reviewed the above apPlication, and made a site
inspection, the Engineering Department has the following
comments:
I. The plan as submitted does not indicate adequate separation
between the water and sanitary sewer lines.
2. All water mains shall be ductile iron pipe with isolation
valving installed to City specifications.
3. Prior to recordation, the plat should include the following:
a. All pertinent certificates.
b. Indicate monuments in place.
c. Indicate common elements.
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Stewart Title of Aspen, Inc.
.
Box 3050 Aspen, Colorado 81611
INVOICE
No. 131 51
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DATE
}f.ay 29, l!"a
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Interw~st Inc.
The Durant ~bll
710 East Du.ant Street
Aspen, Co. U1611
OROER OF
.J
OUR JOB NO,
"'OUR CASE NO
'RIEF OESCR'PTlON Please sholo" invoice no. on remittance
Ownership Report
.
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$50.00
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East Aspen TO\nlsite, E~ of S~ &nd ~~2 of fr.\ of 7~lOS-r.4W
15. Michael J. Garrish
16. Anne Peterson
17. David L. Pustolka
18. Parker Quillen and Joan F. Quillen
19. Jeffrey S. Shoaf
20. Charles A. Maple and Bryce.M. Maple
-.
Although we believe the facts stated are true. this Certlflcale. Is nol to be
construed as an abstract of title. nor an opInIon of title. nor a ~uarnnly of.
title, and it 1$ understood :1nd af.rC"C'u thnl Stew.1rt Tltlco or ARpr-ll. tIH~. ~l('lt."('r
assumes. nor wIll he chargeel with any flnandal ohll.r:atlon or LJnhlllty wh:Oll'v"r
on account of any Atatement conlalned hereIn.
.
Dated llt Aspen, CoJ"..""". thlA 27th day of
May
A.D. L981
"l 8:00 A.M.
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ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
(303) 925-2020
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Addre~: I . I ' I lerJI0:;J"iW;;4~~~.HJr
Check No. .3>-f'\r'l.. Date: ((J//71 Vi :).... / f'lJIJllfC
Additional Billing': No. of Houfs: I -" _
LAND USE APPLICATION FEES
City
00113 . 63721
63722
63723
63724
63725
63726
63727
6372B
63729
.47331
.47332
. 47333
.47341
. 47342
. 47343
.47350
.47350
. 47360
. 52100
. 52100
. 52100
. 52100
. 52100
. 52100
. 52100
. 52100
. 52100
County
00113 63711 . 47331 . 52200
63712 . 47332 . 52200
63713 .47333 . 52200
63714 . 47341 . 52200
63715 . 47342 . 52200
63716 . 47343 . 52200
63717 . 47350 . 52200
63718 . 47350 . 52200
., 63719 . 47360 . 52200
PLANNING OFFICE SALES
00113 . 63061 . 09100 . 52200
63063 . 09100 . 52200
63062 . 09100 . 52300
63066 . 09100 . 52300
63069 . 09100
.
..
GMP/CONCEPTUAL
GMP/PRELlMINARY
GMP/FINAL
SUB/CONCEPTUAL
SUB/PRELIMINARY
SUB/FINAL
EXCEPT/EXEMPTION
REZONING
SPECIAL REVIEW
i-</10./t()
SUB.TOTAL
/-Jj1'{, ()()
GMP/GENERAL
GMP/PRELlMINARY
GMP/FINAL
SUB/GENERAL
SUB/DETAILED
SUB/FINAL
SPECIAL REVIEW
REZONING
SPECIAL APPROVAL
SUB.TOTAL
COUNTY CODE
ALMANAC
GMP
COPY FEES
OTHER
SUB.TOTAL
TOTAL
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