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HomeMy WebLinkAboutcoa.lu.ec.Swiss Chalet(Mary Perkins) Lots A-1 block 30 .~ " ... No. 22-80 CASELOAD SUMMARY SHEET City of Aspen 1. DATE SUBMITTED: 3/1/80 2. APPLlCANT:_!'1~D'-E. Perkins STAFF: Sunny Vann 3. REPRESENTATIVE: Chuck Brandt Holland & Hart 925-3476 434 East CooDer 4. PROJECT NAME: Swiss Chalet Subdivision Exception 5. LOCATION: 435 West Main Street 6. TYPE OF APPLICATION: Rezoning P.U.D. -- x Subdivision l-!PC Residential Bonus _____Stream Margin 8040 Greenline View Plane Conditional Use Other _Special Review ___Growth rlanagement ~_Excepti on Exemption 70:30 --- 7. REFERRALS: Sanitation District School District Fire Marshal _____Rocky Mtn. Nat. Gas Parks Sta te Highway Dept. Ho ly Cross Electri c __Other Mountain Bell _--X._l\ttorney ---.lI._Jngineering Dept. _____Housing Hater ______City Electric .t 8. REVIEW REQUIREMENTS:f?</ c::</> )(,e:/c::.- / . # '. l , ., '.. g. DISPOSITION: P & Z ~ Approved / Denied____ Date_ ~/:;:;/8- .t. i.A;;/' 7c" ~7l;rt' <:..47;?~/h C' 77/'-</./...' />/:/ ;V:~///~...:1'VX'$:.}:..J 1-A'.;. I.' ./:'/ 17 ~~/-;0/c"'C /t(//, /:;;;/~ 4rr7/~x.!f~ ________ , / c:;;./' ", ",//7./-17>;;;/, '~? &L;/7'"f'//T cz."a~/" --: /,r:::- 'r' I." //:/ 0/7';/';'/ / :' " ",Ie..- Council ~ Approved ,~ //", ,'j Y, t' ""x.,c"" /'/' ( , 0... /\"L- ( /.- -- . '~>/ ;// ,/ Denied Date~~ /";' , . / // {" j // ',/77-/ /y/ P, "/,' / >-::0 / 'f--==--"- -~ .~_.1L -/.~ "II//---//r-L_H_~~L~_ .d/.:7 .". ,u~f - ,'r/' /, / ~!'....Z2'//d'/ /(/ " /(../~/c /'//,:'=5/// ~/~: /~' --- - /- ---- , ' ',/~ .,. .~ ~ ..j- '~I" ? " .' 10. ROUTING: /Attorney Building ____Engineering Other -I'/-r.{..~A!-' yo /')..'/:"/' /////1, 7 ~c/, /c,' / , '-e/'"'' /., ,. 'r.- ,/ . f ' / ,._/>~:" " 6#!":, / ~"./~', , 1,/ Z .' ... , "-/ , / .. - " -- MEMORANDUM TO: Aspen Planning and Zoning Commission Aspen City Council FROM: Sunny Vann, Planning Office RE: Swiss Chalet Subdivision Exception DATE: May 15, 19S0 As the attached letter indicates, the applicant is requesting an exception from the strict application of the City's subdivision regulations in order to subdivide an approximately 26,9SS square foot parcel of land located on the south side of Main Street between Third and Fourth Streets. The parcel con- sists of nine (g) Townsite lots (Lots A-I, Block 38) and contains the appli- cant's residence and the Swiss Chalet Cabins. The applicant wishes to divide the lots into two separate parcels: Parcell, which would consist of Lots A and B and include the applicant's house, and Parcel 2, which would consist of Lots C through I, upon which the Swiss Chalet Cabins are currently located. Pursuant to Section 20-9 (c) of the Municipal Code, no subdivision can be approved which includes elements not in conformance with the provisions of any applicable zoning ordinance. Both the applicant's residence and the existing Swiss Chalet Cabins are in violation of various setback requirements of the Zoning Code. In addition, the proposed subdivision woula result in the creatlQn of a non-conforming lot due to an inherent error in the origi- nal ~y' survey. The minimum permissable lot area in the 'O'-Office zone is 6,000 square feet, while Lots A & B total approximately 5,997 square feet. The applicant, however, has obtained variances from the Board of Adjustment addressing both the minimum lot area requirement and the setback requirements of Parcell. The Engineering Department recommends that the applicant's request for exception from full subdivision procedures be approved subject to the fol- lowing: 1. That the improvement survey as submitted be accepted as a conceptual plat and the applicant be waived from conceptual approval before Council and from preliminary approval before the Planning and Zoning Commission. 2. That assurances be provided by the applicant that development of Parcel 2 will include the demolition and removal of structures currently in violation of the side and rear setback requirements; in the event that the assurances cannot be given and a reasonable time table established, then the Engineering Department recommends denial of the application. 3. That the applicant revise and resubmit the improvement survey in final plat form in compliance with Section 20-15 of the Municipal Code prior to being placed on the City Council agenda. Among those items requiring attention to obtain final approval: A. Monuments found or set on the lot line dividing the two pa rce 1 s , B. Locations of all trees six inches or more in diameter measured 4y, feet above the ground, C. Show existing drive and all parking, D. Show irrigation ditches along the Main Street right-of-way, E. Include all appropriate certificates and signature blocks for recordi ng. 4. The owner/applicant shall agree to construct sidewalks along the Third Street, Fourth Street and Main Street frontages at such time Memo to P & Z, May 15, 1980 Page Two CC, re: :~iss Chalet ,- "'..... ,.,. - as improvements are constructed on Parcel 2. 5. The owner/applicant shall agree to discontinue any water service shared by the two parcels and provide a water meter for each structure on each parcel. 6. The owner/applicant shall agree to provide transformer easements to the City should undergrounding of the alley electric lines be undertaken in the future. The locations of the easements will be determined at the time the undergrounding is undertaken. The agreement to provide electric easements when needed shall be deed restricted to both parcels. 7. The owner/applicant should be aware of the fences on both the east and west ends of the block which extend into the right-of- way. Removal of these fences will be at the owner's expense should such removal be necessary to permit sidewalk construction in the future. S. The owner/applicant should also be aware that any new development on Parcel 2 must access from the alley. The Planning Office recommends approval of the applicant's request for sub- division exception subject to the stipulations outlined in the Engineering Department's memorandum dated May 15, 1980, and with the additional stipu- lation that any development of Parcel 2 be subject to Growth Management approval in the event such approval is required. The Aspen Planning and Zoning Commission reviewed the application at their regular meeting on May 20, 19S0 and concurred with the Planning Office recommendation. Since the Planning and Zoning Commission reviewed this application on May 20, 1980, the final plat has been submitted. The Engineering Department has reviewed the plat, and recommends final approval subject to the following conditions, outlined in their memorandum of May 30, 1980: 1. That the owner/applicant revise and resubmit the final plat to include the following: A. Date of preparation. B. Area of Lots 1 and 2 to nearest 0.001 acre. C. Locations and sizes of existing utilities. D. Note the variances for setback violations of the one-story house including approval dates. 2. The owner/applicant should be aware that all trees on the site of 6 inches or more in diameter measure ~ feet above the ground will require a permit for removal, issued by the Building Department. 3. Provisions of the Engineering Department's memorandum of May 15, 1980 regarding development of Parcel 2, construction of sidewalk, discon- tinuation of shared water services, transformer easements, and fences remain in full effect. The Planning Office recommends final approval of the applicant's request subject to the above stipulations, outlined in the Engineering Department's memoranda of May 15 and May 30, 1980, and, as mentioned above, with the addi- tional stipulation that any development on Parcel 2 be subject to Growth Management approval in the event that such approval is required. ... . Reception No.." y <Q50 >";'(>"</J' 49 August 14, 1980 Loretta,Banner, Recorder Recorded at 3:54 P.M. :l1.JUI\3!J3 :~. "" SUBDIVISION AGREEMENT THIS AGREEMENT is made and entered into this I tj J!:, day of AUj ,-,S*- , 1980, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation hereinafter sometimes designated as the "City", and MARY E. PERKINS, hereinafter designated as the "Developer". WIT N E SSE T H: WHEREAS, Developer is the owner of certain property situate in the County of Pitkin, State of Colorado, more particularly described as: Lots A, B, C, D, E, F, G, H and I, Block 38, City and Townsite of Aspen; and WHEREAS, Developer desires subdivide said property into two (2) separate parcels as provided in the Subdivision Exception, recorded in Book 391 at pages 574 to 576 of the Clerk and Recorder's Office for the County of Pitkin, State of Colorado, as follows: Parcell: Lots A & B; and Parcel 2: Lots C, D, E, F, G, H and I, and has submitted to the City a final subdivision plat showing a proposed subdivision of said land; and WHEREAS, the Aspen City Council, pursuant to action taken at its regular meeting held Monday, June 9, 1980, has approved such final subdivision plat submitted by the Developer subject to certain requirements and conditions which involve the development of said lands. NOW, THEREFORE, in consideration of the premises and the terms and conditions herein stated and for other valuable consideration, the adequacy of which is acknowledged by the parties hereto, it is agreed as follows: t' vvu~393 ._J., ~ 1 'h,~ 51 8. Developer shall secure a building permit for removal of any tree on either parcel which is six inches or more in diameter and which measures at least four and one half feet above the ground. FURTHER, it is agreed that the foregoing provisions shall be binding upon Developer, her heirs, successors and assigns, and shall be deemed a covenant running with the land, shall burden the premises hereinabove described, and shall bind, and be enforceable in law and equity against Developer and all subsequent owners of the real property described herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed the day and year first hereinabove written. THE CITY OF SPEN, COLORADO Mayor' \\",,,~I~."I~',,,,_,, " ......... "" , ,,~"~~A:rJ.- ~S:.t:.'''' P,..." "~" / \J'" ....~:~~-;~ ~", .i~,dCA-/ Ci ty Cler "".' (',~ . ...". ~-": ' .. ~ ...; \ '.' ,.J; '. (~C? J I ,#~\J..)~~ MARY E. PE INS - 3 - ~Ut.l~ 393 "'.:.'f 50 1. Developer guarantees that development of Parcel 2 shall be subject to Growth Management Plan approval pursuant to Article X of Chapter 24 of the Aspen Municipal Code, if such develop- ment comes within the provisions of said Article X. 2. Developer warrants that the develop- ment of Parcel 2 shall include the demolition and removal of structures currently in violation of the side and rear setback requirements. 3. Developer shall construct sidewalks along the Third, Fourth and Main Streets' frontages at such time as improvements are constructed on Parcel 2. 4. Developer shall remove the fences on both the east and west ends of the block in the event that such removal be necessary to permit sidewalk construction pursuant to paragraph 3, above. 5. Developer shall discontinue any water service shared by the two parcels and install a water meter for each structure on each parcel. 6. Developer shall provide transformer easements to the City of Aspen in the event that undergrounding of the alley electric lines is undertaken in the future; provided, however, that the locations of such easements will be determined at the time the undergrounding is undertaken. 7. Developer covenants that any new development on Parcel 2 shall have access from the alley. - 2 - ,'"' ~ " "'~'" -0''''''393 'r '.~~tt 52 STATE OF COLORADO ss. COUNTY OF PITKIN The foregoing was acknowledged before me this /~ day of f]t)~'/.'A , , 1980, by Herman Edel and Kathryn Koch, Mayor an City Clerk, respectively, of the City of Aspen, Colorado. LO/>. -, /',' Witness my hand and official seal. ~ ... '~. ' .,j}, (;) c-:- " --\ l':", z:. "J.... "'.. ~C-J <{ ~~~~1 / My commission expires: ,0 'C: /I-'e'-5?3 ~t~ Notary Public STATE OF COLORADO ) ) ss. ) COUNTY OF PITKIN of The foregoing l.\-u1 Jl\+- was acknowledged before me this , 1980, by Mary E. Perkins. J4t1 day Witness my hand and official seal. My commission expires: M',I CCr:lm;:;don ExpircsJ~:o U,1JJl Lit: Notary P r. " I)" '<-: i ,,1 C. .....f . ....... .- .,' ~ ~- ,... " .;,~-: ,'," . .'.., .~ ",; ,/. . y ,-,' . ,,~" 'j J" :" .. :~, ". .. .' .~. 1 ,," .... '. ..... . - - ~) ...~ ' 0' - 4 - Reception No. 22S302"~ July 11, 1980 Recorded at 2:30 P.M. Loretta BAnner, Recorder -391 !,~[t574 STATEMENT OF EXCEPTION FROM THE DEFINITION OF SUBDIVISION FOR PERKINS SUBDIVISION \iHEREAS, Section 20-19 of the Municipal Code of the City of Aspen provides that following receipt of a recommenda- tion from the Planning Commission, the City Council may except a particular division of land from the definition of a sub- division set forth in Section 20-3(s) when, in the judgment of the City Council, such division of land is not within the intent and purpose of the Aspen, Colorado, Subdivision Regula- tions; and WHEREAS, MARY E. PERKINS (hereinafter "Perkins") has requested such an exception under the above referenced pro- visions for the parceling into two (2) separate subdivision parcels the following described Original Aspen Townsite lots located within the City and Townsite of Aspen, Pitkin County, Colorado, to wit: Lots A, B, C, D, E, F, G, H and I of Block 38, and WHEREAS, the Planning Commission has approved such application and recommended the grant of exception to the Aspen City Council, and WHEREAS, on review, the City Council has determined that the proposed division of land is without the intent and purpose of the Aspen, Colorado, Subdivision Resolutions, Section 20-1 et seq., of the Aspen Municipal Code; and WHEREAS, the City Council wishes to grant an exception from the definition of subdivision and excuse the applicant from compliance with said Aspen, Colorado, Subdivision Regulations, subject to certain conditions as hereinafter set forth; and WHEREAS, Perkins is agreeable to the conditions as contained herein. NOW, THEREFORE, the City COuncil, pursuant to action taken at its regular meeting held Monday, June g, 1980, does hereby grant an exception from the definition of subdivision to .. _391 i:,Ct575 the parceling of Lots A through I of Block 38, City of Aspen, by Perkins into the following two (2) subdivision parcels: Parcell: Parcel 2: Lot A & B; and Lots C, D, E, F, G, H & I. PROVIDED, however, that such grant of exception is subject to the following: 1. Development of Parcel 2 shall be subject to Growth Management Plan approval pursuant to Article X of Chapter 24 of the Aspen Municipal Code, if such development comes within the provisions of said Article X; 2. The development of Parcel 2 will include the demolition and removal of structures currently in violation of the side and rear setback requirements; 3. Construction of sidewalks along the Third, Fourth and Main Streets' frontages at such time as improvements are constructed on Parcel 2; 4. Removal of the fences on both the east and west ends of the block in the event that such removal be necessary to permit sidewalk con- struction pursuant to paragraph 3, above; 5. Discontinuation of any water service shared by the two parcels and the installation of a water meter for each structure on each parcel; 6. The provision of transformer easements to the City of Aspen in the event that under- grounding of the alley electric lines is under- taken in the future; provided, however, that the locations of such easements will be determined at the time the undergrounding is undertaken. 7. Any new development on Parcel 2 must access from the alley; - 2 ~ ,~ '-' .-.. -391 f~{f576 8. The securing of a Building Department permit for removal of any tree on either Parcel which is six inches or more in diameter and which measures at least four and one-half feet above the ground. PROVIDED, further, that the foregoing provisions shall be binding upon Perkins, her heirs, successors and assigns, and shall be deemed a covenant running with the land, shall burden the premises hereinabove described, and shall bind, and be enforceable in law or in equity against Perkins and all subsequent owners of the real property de- scribed herein. Dated: r;)<-~ ~ , 19BO~~ HERMAN EDEL, MAYOR I, KATHRYN S. KOCH, duly appointed City Clerk of the City of Aspen, do hereby certify that the foregoing grant of exception from the definition of subdivision was granted by the Aspen City Council by motion duly made, seconded and :\ '\ 61-' _ ~proved'(at its regular meeting held Monday, June 9, 1980. " ;; v ....}.. } ~ - CD' i\ STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing was acknowledged before me this ?f'h day of , 1980, by HERMAN EDEL and KATHRYN S. KOCH, Mayor and Clerk, respectively, of the City of Aspen, Colorado. witness my hand and official seal. c'i~J O~I (, '-, 0, ' v , ~ "(' r-i, ",), ~., 1(,'_ , My commission expires: . My Commission expires January 29. 1984- ;., . , '~'.... ,'.-' ..t~ ,,' 'I ~.'. "'",. 0"-~ . ?-){}~~ ~:';! ,:;,;<:' Notary PubllC - 3 - c.,'.. -, ~ ...... MEMORANDUM TO: Richard Grice, Planning Office FROM: Jay Hammond, Engineering Office ~ DATE: May 30, 1980 RE: Revised Plat of Swiss Chalet Subdivision Exception, Lots A through I, Block 38, O.A.T. Having reviewed the above subdivision exception final plat, the Engineering Department recommends the following: 1) That the owner/applicant revise and resubmit the final plat to include the following: A) Date of preparation. B) Area of lots 1 and 2 to nearest 0.001 acre. C) Locations and sizes of existing utilities. D) Note variances for setback violations of the one-story house including approval dates. 2) The owner/applicant should be aware that all trees on the site of 6 inches or more in diameter measured 4! feet above the ground will require a permit, issued by the building depart- ment, for removal. 3) Provisions of my memo of May 15 regarding development of Parcel 2, construction of sidewalk, discontinuation of shared water services, transformer easements, and fences remain in full effect. The Engineering Department recommends final approval of the Swiss Chalet Subdivision Exception subject to the owner/applicant complying with the above conditions. o o HOLLAND & HART ATTORNEYS AT LAW 555 SEVENTEENTH STREET TELEPHONE 575-8000 SUITE 2900 CABLE ADDRESS AREA CODE 303 DENVER, COLORADO MAILING ADDRESS 1',0. BOX 8749 DENVER. COLORADO 80201 HOLHART. DENVER TELECOPIER (303l 575-8261 CHARLES T. BRANDT (303) 925-3476 PLEASE REPLY TO, 434 E COOPER STREET. ASPEN, COLORADO 81611 TELEPHONE 925-3476 AREA CODE 303 May 29, 1980 HAND DELIVERY Mr. Richard Grice City/County Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Perkins (Swiss Chalet) Subdivision Exception Dear Richard: fl-i"'c. "- Pursuant to the Aspen Plann~ & Zoning Commission's resolution of lYlay 20, 1980 ,t~~ints of the Final Subdivision Plat of the Perkins Subdivision accompanies this letter. It is my understanding from discussions with Sunny Vann that this matter has been tentatively scheduled to be presented to the City Council on June 9. Sunny thought that this schedule could be adhered to providing the enclosed prints were submitted to you for circulation to the Engineering Office, etc., this week. Should you need any additional information or additional prints, please let me know. I trust the matter can be presented to City Council on the 9th as it is critical to us that we receive approval as quickly as possible. Thank you for your consideration. Very truly yours, Ct~...<l~ Charles T. Brandt for Holland & Hart CTB/fh Enclosures cc: Mary Perkins Andrew V. Hecht C. A. Vidal " o . " MEMORANDUM TO: Sunny Vann, Planning Office Jay Hammond, Engineering Department~ FROM: DATE: May 15, 1980 RE: Swiss Chalet Subdivision Exception, Lots A through I, Block 38, O.A.T, In view of the Swiss Chalet's recent variance regarding existing building setbacks and minimum lot sizes, the Engineering Department recommends the following: 1) That the improvement survey as submitted be accepted as a conceptual plat and that the applicant be waived from con- ceptual approval before council and from preliminary approval before P and Z. 2) That some assurance be provided by the applicant that development of Parcel 2 will include the demolition or removal of structures currently in violation of side and rear setback requirements. If these assurances cannot be given and a rea- sonable time table established, then the Engineering Department recommends denial of the application. 3) That the applicant revise and resubmit the improvement survey in final plat form in compliance with Section 20-15 of the Municipal Code prior to being placed on the council agenda. Following council approval, two mylar copies of the approved plat shall be submitted to this office for recording. Among those items requiring attention to obtain final approval: A) Monuments found or set on the lot line dividing the two parcels. B) Locations of all trees 6 inches or more in diameter measured 4~ feet above the ground. C) Show existing drive and all parking. D) Show irrigation ditches along the Main Street R.O.W. E) Include all appropriate certificates and signature blocks for recording. 4) The owner/applicant shall agree to construct sidewalk along the Third Street, Fourth Street, and Main Street frontages and curb and gutter along Third Street at such time as improvements are constructed on Parcel 2. . ..., -. """" A through I, Block Page Re: 2 Swiss Chalet 38, O.A.T, - Subdivision Exception, Lots 5) The owner/applicant shall agree to discontinue any water services shared by the two parcels and provide a water meter for each structure on each parcel. 6) Owner/applicant shall agree to provide transformer ease- ments to the City should undergrounding of the alley electric lines be undertaken in the future, The location of the easements will be determined at the time the undergrounding is undertaken. The agreement to provide electric easements when needed shall be deed restricted to both parcels. 7) Owner/applicant should be aware of the fences on both the east and west ends of the block which extend into the right- of-way. Removal of these fences will be at the owner's expense should such removal be necessary to permit sidewalk construction in the future. 8) Owner/applicant should also be aware that any new de- velopment on parcel 2 must access from the alley. The Engineering Department recommends approval of the above subdivision exception contingent on the owner/applicant correcting those conditions above. .. PEN 130 s n \~ ."r' I: ~ c\ , ( r ~. "~ '-\ 1\ ,'\ ~\ \ '\ \ 1 . ',' MEMORANDUM DATE: March 10, 1980 TO: Sunny Vann FROM: Ron Stock RE: Swiss Chalet Subdivision Exception I am informed that this structure is a non-conforming structure. Citing Section 20-9(c) and our interpreta- tion thereof I believe it is appropriate to recommend denial of this subdivision request. RWS:mc ......"'" MEMORANDUM TO: Sunny Vann, Planning Office Jay Hammond, Engineering Office-~ FROM: DATE: March 7, 1980 RE: Swiss Chalet Subdivision Exception, Lots A through I, Block 38, Original Aspen Townsite Having reviewed the above subdivision exception and made a site inspection the Engineering Department has the following com- ments: 1) Under Municipal code section 20-9.c no subdivision can be approved which includes elements not in conformance with applicable zoning ordinance. This lot split is therefore not permissible in that it creates two lots having structures that do not meet applicable setbacks. Approval of this ex- ception must therefore be based on assurances that the se- cond parcel (lots C through I) will be developed and struc- tures currently in violation of side and rear setback re- quirements demolished or removed. If these assurances can- not be given and a reasonable time table established then the Engineering Department recommends denial of the applica- tion. 2) If the prospective owners of parcel 2 are willing to assure that the parcel is to be developed, the Engineering department recommends the following: A) That the owner/applicant revise and resubmit the im- provement survey to show the following: a) Monuments, if any, found or set on the lot line di- viding the two parcels. b) Locations of all trees 6 inches or more in diameter measured 4~ feet above the ground. c) Show existing drives and parking. d) Show irrigation ditches in the Main Street R.O.W. B) The owner/applicant shall agree to construct sidewalk along the 3rd Street, 4th Street, and Main Street frontages at such time as improvements are constructed on parcel 2. C) The owner/applicant shall agree to discontinue any water services shared by the two parcels and provide a water meter for each parcel. D) Owner/applicant shall agree to provide transformer easements to the City should undergrounding of the alley ,. Page 2 . Re: Swiss Chalet Subdivision Exception .-. ....,;-..iF ~ electric lines be undertaken in the future. The location of the easements will be determined at the time the under- grounding is undertaken. The agreement to provide electric easements when needed shall be deed restricted to both parcels. E) Owner/applicant should be aware of the fences on both the east and west ends of the block which extend into the right-of-way. Removal of these fences will be at the owner's expense should such removal be necessary to permit sidewalk construction in the future. F) Owner/applicant should also be aware that any new de- velopment on parcel 2 must access from the alley. The Engineering Department recommends approval of the above subdivision exception contingent on the owner/applicant correcting those conditions under item 2 above. MEMORANDUM TO: ~ Stock, City Attorney Dan McArthur, City Engineer FROM: Sunny Vann, Planning Office RE: Swiss Chalet Subdivision Exception DATE: February 8, 1980 Attached please find application for subdivision exception for the purpose of dividing nine Aspen Townsite lots into two separate parcels. This item is scheduled to come before the Aspen Planning and Zoning Commission on Tuesday, March l8, 1980. Therefore, may I please have your written comments concerning this application no later than Monday, March lO, 19SO. Thank you. ~t~ c' ~uYJ /J -9r1'-J '" 5rLcl (/4-Cu1~~ ~ ~ , '- , HOLLAND &. HART ATTORNEYS AT LAW 555 SEVENTEENTH STREET TELEPHONE 575.8000 SUITE 2900 CABLE ADDRESS AREA CODE 303 DENVER,COLORADO MAILING ADDRESS P,O, SOX 8749 DENVER. COLORADO 80201 HOLHART. DENVER TELECOPJER (303) 575-8261 CHARLES T. BRANDT (303) 925-3476 PLEASE REPLY TO 434 E. COOPER STREET, ASPEN. COLORADO 81611 TELEPHONE 925-3476 AREA CODE 303 February 14, 1980 HAND DELIVERY City of Aspen Planning and Zoning Commission c/o Karen Smith, City/County Planner 130 S. Galena Aspen, Colo. 81611 Dear Karen: I Supplementing my February 4, 1980 letter, requesting an exemption from the definition of subdivision pursuant to Section 2D-19 of the City of Aspen Municipal Code, I offer the following grounds for granting such exemption or exception. First, the proposed division of land (nine city blocks into two separate and divided parcels) is not within the intent and purpose of the Aspen, Colorado, Subdivision Regulations as set forth in Section 20-1, et seq., of the Aspen Municipal Code. 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 pro- grams, nor does it violate any of the other stated purposes of the Subdivision Regulations as the same are described in Section 20-2. Second, since the property involved consists of lots within the original Aspen Townsite, no good purpose would be served for re- quiring the owner of the property to comply with the strict ap- plications of the provisions of the City of Aspen Subdivision Regulations. Third, other owners of Townsite lots have been permitted to convey adjacent lots, freely before the adoption of Section 20-4 and, by exemption thereafter. To deny exception in this case would deprive the owner of the reasonable use of her land and deny a substantial property right, the right to convey a portion of her property for development consistent with the City of Aspen Zoning Code. HOLLAND &HART City of Aspen Planning and Zoning Commission February 14, 1980 Page Two Fourth, the granting of the exemption will not be detrimental to the public welfare or injurious to other property in the area as any subsequent development on the property to be conveyed fol- lowing such exception will be in conformity, as stated below, with all applicable City of Aspen Zoning Regulations. You had also requested that we address the matter of future development of Lots C through I following the granting of the ex- ception. I have spoken with the attorney for the purchaser, Andrew V. Hecht, who is willing to have the exemption from the definition of subdivision granted with a stipulation that no development of those lots will take place unless such development has received any and all necessary City of Aspen approvals. This might include subdivision or subdivision exemption approval pursuant to Chapter 20, Subdivision Regulations, obtaining approval under the Growth Manage- ment Quota System of the City of Aspen zoning code, etc. (jj;;;'~7:r Charles T. Brandt for Holland & Hart CTB/dv cc: Mary E. Perkins C. A. Vidal Andrew V. Hecht, Esq. . - CJ I HOLLAND & HART , , '~-" ATTORNEYS AT LAW TELEPHONE 575.8000 555 SEVENTEENTH STREET SUITE 2900 DENVER. COLORADO MAILING ADDRESS; PO_ BOX 8749 DENVER. COLORADO 80201 HOLHART. DENVER TELECOPIER (303) 575.8261 CABLE ADDRESS AREA CODE 303 CHARLES T. BRANDT (303) 925-3476 PLEASE REPLY TO 434 E_ COOPER STREET. ASPEN, COLORADO 81611 TELEPHONE 925.3476 AREA CODE 303 February 4, 1980 (/ ./) 1 { HAND DELIVERY City of Aspen Planning and Zoning Commission c/o Karen Smith, City/County Planner 130 South Galena Aspen, Colo. 81611 ./ Dear Karen: I / This firm represents Mary E. Perkins who is the owner of II ( nine (9) Townsite lots located on the south side of Main Street r 'I, , between 3rd and 4th Streets (three copies of a plat of the prop-(, erty accompany this letter). The property consists of Lots A through I, Block 38 and contains Mrs. Perkins's residence and the Swiss Chqlet cabins. ,.;~ An ~~...", b':'~., from the subdivision regulations of the \ ' City of Aspen is hereby requested pursuant to Section 20-19 of the Municipal Code to permit division of the existing nine (9) Aspen Townsite lots into two (2) separate parcels. The two (2) desired parcels are: (1) Lots A & B which includes Mrs. Perkin's house and (2) Lots C through I, upon which are presently located the Swiss Chalet Cabins. Mrs. Perkins intends to retain ownership of the two (2) lots (A and B) upon which her home is located and to sell the second parcel (Lots C through I) pursuant to an exist- 1ng Purchase and Sale Agreement. The Swiss Chalet cabins 'I have been rented to tourists in the past, the intentions of ~ the purchaser with respect to them is unknown at present. I am available to meet with you at your convenience to discuss the application in more detail. I would appreciate it if you would place the matter on the Planning Commission agenda for the earliest available meeting. At that meeting the findings required to be made by the Planning Commission pursuant to Section 20-19, Exceptions and Exemptions, will be addressed by the undersigned. . ~ , (/ I / .,.-' , HOLLAND &HART Planning and Zoning c/o Karen Smith February 4, 1980 Page Two Commission Enclosed is our check in the amount of $50.00 representing the subdivision exemption fee required in connection with the subdivision exemption application. Very truly yours, C'h-cl."-. Charles T. Brandt for Holland & Hart CTB/dv Enclosure cc: Mary E. Perkins C. A. Vidal Andrew V. Hecht, Esq.