HomeMy WebLinkAboutcoa.lu.ec.Swiss Chalet(Mary Perkins).22-80M W
SWISS CHALTE r(Mary Perkins)
Lots A -I, Block 38
C
A
- t
A
N
CASELOAD SUMMARY SHEET
City of Aspen
No. 22-80
1. DATE SLIFMITTED:/1/80 ,___-_--- -- STAFF: S_Urly_V_anrL----------------
2. APPLICANT: Mary E. Perkins_____-._—______---_----------------
3. REPRESENTATIVE: Chuck Brandt ---------
Holland & Hart 925-3476
434 East Cooper
4. PROJECT NAME: Swiss Chalet Subdivision Exception _-
5. LOCATION: 435 West Main Street
6. TYPE OF APPLICATION:
Rezoning
__P.U.D.
Special Review
Growth Management
HPC
7. REFERRALS:
_Attorney
x Engineering Dept.
Housing
-----Water
City Electric
x Subdivision
x Exception
Exemption
70:30
Residential Bonus
Sanitation District
Fire Marshal
Parks
Holy Cross Electric
Mountain Bell
8. REVIEW REQUIREMENTS:,
Stream Margin
8040 Greenline
View Plane
Conditional Use
Other
School District
Rocky Mtn. Nat. Gas
State Highway Dept.
Other
M
i
i
ft
9. DISPOSITION: /
P & Z Approved ✓ Denied
Date
COLMCi1 ✓ Approved ✓ Denied Date;
10. ROUTING:
Attorney Building _ ___Engineering Other
/�� /7�I725 r 7 1 , 1 �- 5
MEMORANDUM
TO: Aspen Planning and Zoning Commission
Aspen City Council
FROM: Sunny Vann, Planning Office
RE: Swiss Chalet Subdivision Exception
DATE: May 15, 1980
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 26,988 square foot parcel of land located on the
south side of Main Street between Third and Fourth Streets. The parcel con-
sists of nine (9) 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: Parcel 1, 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 would result in
the creation of a non -conforming lot due to an inherent error in the origi-
nal City 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 Parcel 1.
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
parcels,
B. Locations of all trees six inches or more in diameter
measured 4z 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 recording.
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, CC, re: iss Chalet
May 15, 1980 it
Page Two
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.
8. 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, 1980 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 44 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 NoAugust 14, 1980 Lorett Banner, Recorder
•' Recorded at 3:54 P.M
SUBDIVISION AGREEMENT
THIS AGREEMENT is made and entered into this r7
day of Auci sS - , 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".
W I T N E S S E 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:
Parcel 1: 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:
W.aun 9
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.
City Cler
THE CITY OF SPEN, COLORADO
Mayor
MARY E. PE INS
- 3 -
• • "OUN 393 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.
.gym
STATE OF COLORADO )
ss.
COUNTY OF PITKIN
The foregoing was acknowledged before me this �`� day
of , 1980, by Herman Edel and Kathryn Koch,
Mayor''ancp City Clerk, respectively,of the City of Aspen,
Colorado.
Witness my hand and official seal.
'- My commission expires:
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing was acknowledged before me this 1'114� day
of 14u<j%4- , 1980, by Mary E. Perkins.
Witness my hand and official seal.
My commission expires: MY Commission Expires Jr is 8,1501 ;
Notary Pi-ic
- 4 -
11
kwiN coutin
Reception No. July 11, 1980 Recorded at 2:30 P M.
362 6 Loretta BAnner, Recorder r
574
STATEMENT OF EXCEPTION FROM THE
DEFINITION OF SUBDIVISION
FOR PERKINS SUBDIVISION
WHEREAS, 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 9, 1980, does
hereby grant an exception from the definition of subdivision to
the parceling of Lots A through I of Block 38, City of Aspen,
by Perkins into the following two (2) subdivision parcels:
Parcel 1: Lot A & B; and
Parcel 2: 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
r 40 M391.A%576
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: ( j , 1980
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
I'
4�iproved.,at its regular meeting held Monday, June 9, 1980.
(10�.
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
KATHRYN S1 KOCH, CITY CLERK
The foregoing was acknowledged before me this c'l
day of , 1980, by HERMAN EDEL and KATHRYN S. KOCH,
Mayor and Ci y Clerk, respectively, of the City of Aspen,
Colorado. witness my hand and official seal. ppYJO'loJ
My commission expires: My Commission expires January 29,1984f
Notary Public
- 3 -
l al Wi
4z�
13o s.�
i s
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 42 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.
HOLLAND & HART
ATTORNEYS AT LAW
555SEVENTEENTH STREET
TELEPHONE 575-8000 SUITE 2900
AREA CODE 303 DENVER. COLORADO
MAILING ADDRESS.
P.O. BOX 8749
DENVER_ COLORADO 80201
CHARLES T.BRANDT
(303) 925-3476
HAND DELIVERY
PLEASE REPLY TO.
434 E. COOPER STREET. ASPEN, COLORADO 81611
TELEPHONE 925-3476 AREA CODE 303
May 29, 1980
Mr. Richard Grice
City/County Planning Office
130 South Galena Street
Aspen, Colorado 81611
CABLE ADDRESS
HOLHART, DENVER
TELECOPIER (303) 575-8261
Re: Perkins (Swiss Chalet) Subdivision Exception
Dear Richard:
Pursuant to the Aspen Planning & Zoning Commission's
resolution of May 20, 1980, twe--prints 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,
Charles T. Brandt
for Holland & Hart
CTB/fh
Enclosures
cc: Mary Perkins
Andrew V. Hecht
C. A. Vidal
MEMORANDUM
TO: Sunny Vann, Planning Office
FROM: Jay Hammond, Engineering Department AJ_
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 42 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.
Page 2 .
Re: Swiss Chalet Subdivision Exception, Lots A through I, Block
38, O.A.T.
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.
•
CITY, OF ASPEN
130 s(I:th galena street
aspen, colorado 81611
V''k
� i e MEMORANDUM
DATE: March 10, 1980
TO: Sunny Vatin
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
0
MEMORANDUM
TO: Sunny Vann, Planning Office
FROM: Jay Hammond, Engineering Office-j
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 4z 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 W
Re: Swiss Chalet Subdivision Exception
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.
a
MEMORANDUM
TO: 4-4tio-n 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 18, 1980. Therefore, may I please have your written comments concerning
this application no later than Monday, March 10, 1980. Thank you.
a
HOLLAND & KART
ATTORNEYS AT LAW
555 SEVENTEENTH STREET
TELEPHONE 575-8000
SUITE 2900
AREA CODE 303
DENVER.COLORADO
MAILING ADDRESS.
P.O. BOX 8749
DENVER. COLORADO 80201
CHARLES T. BRANDT
PLEASE REPLY TO.
(303) 925-3476
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:
CABLE ADDRESS
HOLHART.DENVER
TELECOPIER (303) 575-8261
Supplementing my February 4, 1980 letter, requesting an
exemption from the definition of subdivision pursuant to Section
20-19 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.
Very truly yours,
oka, td�
Charles T. Brandt
for Holland & Hart
CTB/dv
cc: Mary E. Perkins
C. A. Vidal
Andrew V. Hecht, Esq.
4 1 -
• or
I
HOLLAND & HART
ATTORNEYS AT LAW
555SEVENTEENTH STREET
TELEPHONE 575-8000
SUITE 2900
AREA CODE 303
DENVER. COLORADO
MAILING ADDRESS.
P.O. BOX 8749
DENVER. COLORADO 80201
CHARLES T. BRANDT
PLEASE REPLY TO
(303)925-3476
434 E COOPER STREET, ASPEN. COLORADO 81611
TELEPHONE 925-3476 AREA CODE 303
February 4, 1980
HAND DELIVERY
City of Aspen
Planning and Zoning Commission
c/o Karen Smith,
City/County Planner
130 South Galena
Aspen, Colo. 81611
Dear Karen:
CABLE ADDRESS
HOLHART, DENVER
TELECOPIER (303) 575-8261
This firm represents Mary E. Perkins who is the owner of
nine (9) Townsite lots located on the south side of Main Street
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 Chalet cabins.
An een 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-
ing Purchase and Sale Agreement. The Swiss Chalet cabins
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.
HOLLAND & HART
Planning and Zoning Commission
c/o Karen Smith
February 4, 1980
Page Two
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,
�(
Charles T. Brandt
for Holland & Hart
CTB/dv
Enclosure
cc: Mary E. Perkins
C. A. Vidal
Andrew V. Hecht, Esq.
OWNER 5URVEYr7R
MARLI E PERKIN5
LJAMES F. IZESER
ZL35 WEST MAIN STREET
ALPINE 5URVEyS
A5FE:N, COLORADO el(ol I
BOY 1730
A5FF_N, MLOfKADO 81(,I I
�73 • q25. 714 G
3O3 • �i25.2G88
OWNER'S CERTIFICATE/gTATEMEINT OFSUBDIVI510N
1 MAR 1 E. PERKIN5, A5 CVVNER OF LOTS A,S,C, D, E, F, G, H AND I, 13LOCK 313,
CII-TLC OFA5PEN1 COLORA / HERE2Y1 5UC3DIYIDE 5°00 REAL PROPERT'l INTO
lDiS I AND 2 , TO 5i= KNOWN AS PERKIN5 5UE3DIVI510N .
M,6� E. PERKINS, OWNER
STA-M of- COIORADO � 55
CfJUNP1 OF F'ITKIN
THE FOREGOING OWNEFZ'rD CEi;TTFICA7E AND STAT MEf\1-1 OF yJ5O1V151ON WA5
AOKNONLFDS-ED 15EFORE ME71 iIS_- ---- ---DAH OP__--
&I MARL1 E PERKIN5.
WITINEtrD M11 H/\ND ANDOFF0AL SEAL.
MLt COMM I5510N EXP9RE70-
NOTAR11 FUI?)LIG
O 5 10 yX� 30 40 5D (00 70 60FT
L-A5DO OF T�)EAIRING5- 575109'WE 3E7WEEN FOUND
CITLI MONUMENTS AT THE NORTHWE57 AND NORTH Ji5T
CORNER5 OF BLOCK 3».
NOTE y
THE ONE 5TOF2'f HOU`DE, CABIN'5 7, 5 AND 1, 7-IE FENCES AND
TREES ALL WERE LOCi.TEb IN TF-IE FIELD. CAC31N5 I, 2, 3, 4, 5
AN D Co, THE ALLEI , THE ORUEWA`15 AND THE CURES WERE
LLYATED,0ORDIN6TO CI-N OF ASPEN TOPOGRAPHIC MAP5
I-12 AND -1-13 [?ATF-D 10 K, 74.
NOTICE v
ACCO O'WN -V COLORAGb LAW 40U COMMEW-r ANTI LFl 4LACTION
51-5+E.O UPON ANH DEFECT IN 744''5 JUKVE`� WITHIN SIX 4EgR7 AFICR 4OU
FIRgT DISCOVER 5LXH DEFECT. 1N NO EVENT MPAH AN`t ACTION f3A5E0
UPON AN`i DEFECT IN THIS-WRVE,j BE COKAMENCED N10RETHAN TEN
4EA25 FROM THE DATE OP THE CERTIFICAIICN j) i HEREON.
Fill
1110"M
l
,/y/i.. % din,.. ��R . %• %,j r� %. ' % / /��
S l ' I 1 . AT I :11) ON LOTS l S A. B . Cq Dq l :. l q (; . 1 1 A \ 11) l . BLOCK 3R. MITY OF AS l" l : \ . CO .OR A 11) *
5URVEYOW5 CERTIFICATE
I, JL\MF5 F RE5ER, A RFjGI5TEKED COLO� bLJRVE4OR (Rk�ISTRATION
NO. 91�4) HEREI3l CERTIFLl THAT IN MALI OF 1 150 A SURVELI WA5 MADE
UN[)E1Z ML1 DIRECTION AND '!YJPERV1510N OF LOTS A, F5,C, D, F, F, G, H $I,
ROCK GI-M OFAhFEN, COL.ORADO IN AG�:012DANCE WITH COLOR1100
REvISE.D STAT(JCES 1973, TITLE 38, ARTICLE 51, AND THAT 7HI5 MAP
AGa)RATELLI FJEPIC15 SAID �URVEy, .
JAME5 F hESER , L.5 `I154
ALPINE CURVE 15
CITY OF A5PEN APPROVAL AND ACCEPTANCE
71-I15 SUWIVI510N FLAT OF THE PERKINS CX)E51DIVI510N WA5 ACCEPTED 5117HE
CI711 COJI`\ICIL OFTHE C1714 OFASPEN � }l5_. VAIJ OF .1`1250.
ATTE5T,----- - _
KA7Hf;�9 N 5. KOCH
Q TLt CLE:Pi<
HERMAN EDEL, MA'101Z
PLANNING AND BI- HING COMM155ION APPROVAL
THIS 150151DIVISION PLAT OF PERKIN5 a) DIVI51ON WA5 APPRD/ED al THE
0-71 OFA,SPEN FLANNINS AND ZONING COMMI5JION-11-�15 pqy OF
— -/ 1950.
r
51AFVAN
PERKIN5
WDPIVI-150N
VICINITY MAP
5CALE• 1'=ICOpl
(/GY, co WIDE
------------------------- `=`-L------------------- ---- --•- - -- 7- J�}�T J--�/ �j �-
A LJJL�1Le 1[ - BLsOC1C11 e�QIJ
PARK'2 APPROVAL
7HI5 SUFtUVV�AON PLAT OF PERKINS SJ5DIVISION WA5 APPROVED L•7.1 THE
CIT'1 OF ASPEN DEPARTMENT OF PARKS - 'DAL1 CT —
.
DIRECTGR --
CITY
CITY E:t,*INEERI5 APPROVAL
-THIS RAT OF PEI`RI<INS 5U80VIJION WA5 AP'FROVED EH THE
CITLt ENGINEER OF THE OrAN T1 }IS_ __ _DALT OF ___
CI IEL A. I./IcARTHUR
Cl-N ENGNEER
CLERK AND RECORDER'S ACCEPTANCE
7H15 FINAL SU6DIVI510N fri,4\P OF PER41,45 SUFJ0IVI5101`1 15 ACCEPTED FOP,
FILING IN-THEOFFIC.E OFTHECLERK AND RECOCZC7E2 OF 4-17KIN COON-N/
COLDRADO, AT---
HE80, IN PLAT 507K _ AT PAGE
PITKIN CO-N7 A CI ERK 8 RECORDER
0
3TW E a T
IC—1 Wl lrl fLAD lll. rl — 11 oYt ,----------------------
--------------------------------
---
\
41
CERTIFICATE OF TITLE
II PONlALD M. YCUNG, VLCE-PRE51DfNT OF'3TEWART TITLE Of A5Pe7J, INC.,
A LICEN5ED TITLE IN5URANC- COMPAINLI IN lT-lE STATE OF COLDf ,000/ 1 IEREt�1
CF-RTIll THAT THE REC D5 OF PI7KIN COUn SHOW ALL OF THff- PROPERT-1
SHOWN HERECN A5 "PERKINS SUBDIVISION TO 6E OWNED IN FEE 5IMFff 15-
MARLi E. PERKIN5 AND TO F3E FREE OF ALL LIl1 AND ENCUM5R4NCf5.
C37NALD M. L10UN6
VICE PRESIDENT
S7EEWA9T71TLEOfASPEN, INC.
ZONING
7HE: M?OPF-KP tf I WN HDE1C Ig ZONED "OFFICER WITH AN OVEZLA`1 OF Tl-iE
"MAIN STF2 E—T HI5TOCZLC onTI21CT; A5 15 7-IE LAND LYING NOKTH OF MAIN
STREET AND TO THE EA5T AND WEST OF -THE PROPfRT`1. LAN[) CUING
50UT1-I OF THE F( lS ZONED°R-Co
ALPINE 5UC2VEL15
Job N° -75-154