HomeMy WebLinkAboutcoa.lu.ex.Tipple Woods-Lot4.46-83
CASELOAD SUMMARY SHEET
City of Aspen
No. ,;..j/P-8'3
Staff: 1!i011i: l2vn~np _-
PROJECT NAME: :JcpiJ!t.; k/o-och- J:o-1,ij ~~vitYJE:yr/'l:X7h/
APPLICANT: /:ko-c{jt- lind//v7nI/--rJ / Phone:
REPRESENTATIVE: /!Ja/(j;fj/7,1_ jJU/7/l}-(~ Phone: Q;;6-3Lf'7?-
TYPE OF APPLICATION:
I. GMP/SUBDIVISION/PUD (4 step)
(Fee)
1. Conceptual Submission
($1,840)
($1,120)
($ 560)
2. Preliminary Plat
3. Final Plat
'i
II. SUBDfVISION/PUD (4 step)
1. Conceptual Submission
,
($1,290)
. ($ 830)
($ 560)
($1,010)
($ 465)
2. Preliminary Plat
3. Final Plat
1. Speci a 1 Revi ew
2. Use Determination
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REFERRALS: Da te Referred:
J Attorney
~Engineering Dept.
Sanitation District
School District
Mounta in Bell
Rocky Mtn. Nat.Gas
State Hgwy. Dept.
Fire Chief
Housing
Parks
Water
Holy Cross Electric
Fire Marshall/Building Dept.
City Electric
Othe r
1
FINAL ROUTING:
/ Attorney
2BUilding
/
/Engineering
Date Routed:
Other
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DISPOSITION:
CITY P&Z REVIEW:
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CITY COUNCIL REVIEW: 6'" I "lilJ;si(J//\ U"Q
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CITY COUNCIL REVIEW:
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Ordinance No.
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P-~ 460 p.1Gc943
257312
STATEMENT OF EXCEPTION FROM THE
FULL SUBDIVISION PROCESS FOR THE PURPOSE OF
RE-SUBDIVISION OF LOT 4, TIPPLE WOODS SUB-DIVISION LOREHA aANHER
WITHIN THE CITY OF ASPEN INTO SEPARATE PARCELS PITKIN CTY. RECORDER
IN RECOGNITION OF A HISTORIC "DEFACTO" SUBDIVISION
fEB 14 2 IS PH 'ff4
WHEREAS, the provisions of Section 20-19(c) of the Aspen
Municipal Code, as amended, provide that, the City Council may
except a particular division of land from the full subdivision pro-
cess set forth in Chapter 20 of the Code, when in the judgment of
the City Council, such exception is proper; and
WHEREAS, pursuant to Section 20-19(c) of said Code, Stirling
A. Colgate, Rosie W. Colgate, as owners of Lot 4, Tipple Woods Sub-
division and George G. Anderman, Joan E. Anderman, and family, as
owners of a leasehold interest in ~ of Lot 4, Tipple Woods Sub-
division, requested such an exception for the subdivision of the
real property known and described as:
Lot 4 Tipple Woods Sub-division according to
the Plat recorded in Ditch Book 2A at Page
250, of the records of Pitkin County, City of
Aspen, Colorado as amended by the Plat
recorded in plat Book ~ at Page ~ of the
records of pitkin County.
WHEREAS, the Planning Office recommended to the City Council
that the subdivision be granted for the purpose of legitimizing
the existence of two parcels on Lot 4, Tipple Woods Sub-division
with the following conditions:
1. Recordation of a subdivision plat approved by the City
Attorney and Engineering Department within 90 days of approval by
City Council;
2. Agreement by the applicant to join any future improve-
ment district pursuant to the Engineering Department's standard
commitment;
3. Acknowledgment (hereby acknowledged by the undersigned)
that this subdivision exception does not cure existing non-
conformities; and
4. Recordation of A Statement of Subdivision Exception
(this document), which shall be drafted by the applicant, subject
to the City Attorney's approval.
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BOOM 460 PAGE945
71~~
STATE OF ~ )
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COUNTY OF PI'i'I{Ill )
The fOr~Oing instrument waR acknowledged
~ day of _ __________ ' 198T, by Stirling
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Witness my hand and official seal.
My commission expires: ~~V
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before me"this
A. Colga-te.. "
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STATE OF ~:~cp: .J....'".,;.
COUNTY ~~-~ )
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Notary Public
The fO~oing .instrument wa~ acknowledged before me this
~day Of~ ,198$, by Rosie W. Colgate.
Witness my hand and official seal.
My commission expires: Sf )0.$/
ACKNOWLEDGED AND ACCEPTED BY
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George G. Anderman
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STATE OF COLORADO
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)
COUNTY OF DENVER
The foregoing instrument was acknowledged before me this
12th day of January , 1984, by George G. Anderman.
Witness my hand and official seal.
14y commission expires: July 31, 1985
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1776 Lincoln Street #500 [
Denver, Colorado 80203
Address:
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BOOK 460 PAGE946
STATE OF COLORADO
ss.
COUNTY OF DENVER
The foregoing instrument was acknowledged before me this
12th day of January , 198 4, by Joan E. Anderman.
Witness my hand and official seal.
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My commission expires:
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Notary Public
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Address: 1776 Lincoln Street #500
Denver, Colorado BOZOJ
AONO L~DG
C.W. Robinson, Jr.
the Evan Anderman Trust, pursuant
to Trust Agreement dated May 15,
1975 and the George T. Anderman
Trust, pursuant to Trust
Agreement dated May 15, 1975.
BY
STATE OF COLORADO
ss.
COUNTY OF nERVER
The foregoing instrument was acknowledged before me this
l3thday of January , 1984, by C.W. Robinson, Jr. as
Trustee of the Evan Anderman Trust, pursuant to Trust Agreement
dated May 15, 1975 and the George T. Anderman Trust, pursuant
to Trust Agreement dated May 15, 1975.
Witness my hand and official seal.
My commission expires: 10/20/87
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Not1ry Public
Address: 1776 Lincoln Street, #500
Denver. Colorado 80203
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BOOK 460 PAGE944
WHEREAS, the City Council, at its meeting on September 26,
1983 confirmed that the proposed subdivision is within the
requirements of Section 20-l9(c) and should be excepted from the
full subdivision approval process.
THEREFORE, the Aspen City Council, pursuant to Section 20-
19(c) of the Aspen Municipal Code, as amended, does hereby deter-
mine and declare that the proposed subdivision of the property
above described into two (2) separate parcels to be known as Lots
4 and 6, (a re-subdivision) Tipple Woods Sub-division is hereby
excepted from the strict requirements of Chapter 20 of the Aspen
Municipal Code, subject to the conditions recommended by the
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herein described.
day of ~'~~ 198'!, by the Aspen City Coun-
~R~~
Planning Office as
DONE this /-<-/
cil.
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ATTES'I'c.,~_
FORM:
6. .L--....
, City
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Attorney
STATE OF COLORADO
ss.
COUNTY OF PITKIN
The foregoing
this fl- day of
STIRLING and KATHRYN
Mayor and City Clerk
respectively.
,',\'-I\ritol\-ess my hand and official seal.
rument was duly acknowled~ed before me
, 198~, by WILLIAM
S. KOCH, rsonally known to me to be
of the Ci y of Aspen, Colorado,
'. "....OMi;'lI'-orltmission expires:
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ACKNOWLEDGED AND ACCEPTED BY
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TO:
FROM:
RE:
DATE:
Zoning:
Applicant's
Request:
Planning
Office
Review:
MEMORANDUM
Aspen City Council
Colette Penne, Planning Office
Lot 4, Tipple Woods Subdivision
September 26, 1983
APPROVED AS TO FORM:
L-2
To legitimize through subdivision the existence of
two lots on this parcel which are presently subject
to a ;J.-e:O-year lease.
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The Engineering Department points out that Section
20-l7(c) (4) requires that "all lots shall front on a
public street or a private street if approved by the
planning commission." Creation of a new Lot 6 would
create a situation that is not only non-conforming
in terms of setbacks but illegal, in their opinion
under the above Code section.
The City Attorney's office's comments are the major
focus of this discussion. Those comments are as
follows:
"It appears that the title report is in error. I
believe the true chronology to be as follows:
1. June 15, 1959 - City approved subdivision in
County (Ditch Book 2A Page 250);
2. September 20, 1960 - 99 year lease (Book 191
Page 583).
3. October 28, 1960 - 200 year lease (Book 192
Page 216).
4. March 20, 1967 - annexed to City.
5. June 6, 1977 - assignment of leases (Book 329
Page 940).
6. September 7, 1982 - quitclaim deeds (Book 432
at 354 and 432 at 355).
7. June 21, 1983 - application for subdivision
exception.
Obviously, these lots and structures are non-conforming
(access, setbacks, yard widths) and certain of the
realty transactions are questionable (the 99 and 200
year leases being subdivisions without approval) .
J
However, the two structures and the questionable
transactions predate the City's annexation of the
property and the adoption of the 1975 Zoning Code.
Thus, it appears that the division of Lot 4 could be
considered to have created two non-conforming lots
of record pursuant to Section 24-13.6 of the Muni-
cipal Code. From this point of view, the legal
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MEMO: Tipple Woods
September 26, 1983
Page Two
impacts of the subdivision exception are minimal;
the applicant is attempting to memorialize and
legitimize a pre-existing condition (and also pro-
bably trying to clear a clouded title prior to a
planned conveyance). The subdivision exception
would be granted subject to all project non-conformities.
However,
impacts.
and fire
possibly
this position may have negative planning
The Tipple Woods area is dense, has access
protection problems and the structures (and
the uses) are non-conforming.
In the past, the City has taken the position that a
long-term lease (10-30 years, or more) is a sub-
division. However, there are Colorado cases (Centennial v.
Littleton, 390 P.2d 471, 1964) that indicate that no
lease can be a complete disposition.
In addition, the original 99-year lease provides, in
pertinent part, as follows:
'It is mutually understood and agreed by and
between the parties to this lease agreement
that upon demand of Lessees, Lessors will
convey to Lessees said above demised premises
by a good and sufficient Warranty Deed, pro-
viding, however, that Lessors shall be required
to make said conveyance only if such conveyance
shall not be in violation of any Resolution by
the Board of County Commissioners for pitkin
County, or the Ordinances or Resolutions of a
governmental successor to Pitkin County,
and/or laws of the State of Colorado in force
and effect as of the date Lessees make demand
of Lessors for said conveyance; in the event
said conveyance is made during the term of this
lease, the rental hereinabove receipted for by
Lessors shall be accepted as payment in full
for said property. (emphasis added)
In the event claim or demand or legal action is
asserted by third parties against Lessors,
Lessors do covenant and agree that they shall
save Lessees harmless from any such claim or
demand so asserted, and to indemnify Lessees
therefore. '
It is my conclusion that the City could take a
technically (possibly hypertechnically) supportable
position that the City's planning objectives outweigh
the benefits in clearing the title. The City could
then reject the subdivision exception, wait 177
v years for the 1960 lease amendment to expire and
then abate the non-conforming use (two single-family
houses on one lot). Of course, in the face of an
adverse decision from Council, the owners might
decide that the greatest economic benefit might be
gained by re-unifying the lot as one building site.
I know this sounds awfully academic but if the
planning considerations are strong enough, Council
might decide to take an academic position."
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The Planning Office has done a site visit and does
not feel that these structures in this configuration
",--....
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MEMO: Tipple Woods
September 26, 1983
Page Three
are a good situation on this parcel. Non-conformities
exist in setbacks, however, single-family residences
are a permitted use in the L-2 zone and each lot is
3,792.25 sq. ft., which is adequate lot size for the
2 bedroom structures to occupy.
Access is difficult, adequacy of fire protection is
questionable and these structures are certainly not
the highest and best use for the property. But we
feel that the 200 year lease does constitute a
subdivision and that our concerns do not supercede
that fact.
Planning
Office
Recommendations:
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The Planning Office recommends that you grant sub-
division exception for the purpose of legitimizing
the existence of two parcels on Lot 4, Tipple Woods
Subdivision with the following conditions:
1. Recordation of a subdivision plat approved by
the City Attorney and Engineering Department
within 90 days of this approval;
2.
The applicant will join any future improvement
district pursuant to the Engineering Department's
standard commitment;
, 3
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A subdivision exception does not cure existing
non-conformities; and
4.
A Statement of Subdivision Exception be drafted
and recorded by the applicant subject to the
City Attorney's approval.
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AREA DESCRIPTION OF LOT 4, TIPPLE WOODS SUBDIVISION
Current Zoning: Lodge II
Intention For zoning: To encourage construction and renovation of
lodges in the area at the base of Aspen Mountain and to allow
construction of tourist-oriented single family, duplex
and multi-family units.
Permitted Uses: Lodge units boarding houses; 'hotel; dining room,
laundry and recreation facilities for guests only;
multi-family residences; single-family and duplex
residences.
Conditional Uses: Restaurant; time sharing.
Structural Description: Unit A, Lot 4, Tipple Woods Subdivision
800 square feet; 2 bedrooms.
Unit B, Lot 4, Tipple Woods Subdivision
800 square feet; 2 bedrooms.
Lot Size: 7584.5 square feet
Woods Subdivision.
Total Area for Lot 4, Tipple
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Minimum Lot Area Per Dwelling Unit: 2,100 square feet; present
measurement is 3,792.25 and no existing nonconformities.
Minimum Lot Width: 60 feet; irregularly shaped lots, each
exceeding 60 feet at widest point, but narrows to a lesser
amount.
Minimum Front Yard: 10 feet. If tramway, as point of access,
is opposite the front yard, one structure has a minimum
front yard of at least 10 feet.
Minimum Side Yard: 5 feet. proposed center lot line leaves one
unit with a side set back of 3 + feet at one point.
Minimum Rear Yard: If tramway as point of access is opposite
the front yard, one unit has a rear yard setback of
6.7 ~ at one point.
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MEMORANDUM
DATE: September 20, 1983
TO: Colette Penne
FROM: Gary Esary
RE: Tipple Woods Subdivision
It appears that the title report is in error.
I believe the true chronology to be as follows:
1. June 15, 1959 - City approved subdivision in County (Ditch
Book 2A Page 250).
2. September 20, 1960 - 99 year lease (Book 191 Page 583).
3. October 28, 1960 - 200 year lease (Book 192 Page 216).
4. ~h 20, 1967 - annexed to City.
5. June 6, 1977 - assignment of leases (Book 329 Page 940).
6. September 7, 1982 - quit claim deeds (Book 432 at 354 and 432
at 355).
7. June 21, 1983 - application for subdivision exception.
Obviously, these lots and structures
are ~on-confOrming
(access, setbacks, yard widths) and certain of the realty trans-
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actions are questionable (the 99 and 200 year leases being subdi-
visions without approval).
However, the two structures and the questionable transactions pre-
date the City's annexation of the property and the adoption of the
1975 Zoning Code. Thus, it appears that the division of Lot 4
could be considered to have created two non-conforming lots of
record pursuant to Section 24-13.6 of the Municipal Code. From
this point of view, the legal impacts of the subdivision exception
are minimal; the applicant is attempting to memorialize and legi-
timize a pre-existing condition (and also probably trying to clear
a clouded title prior to a planned conveyance). 1<- <;J.,J,J;""': --'I<<?+':'
V'",td ~ tl,:["tP s.~~d. .-h pJJ fr<'~ Nt. ((t'tOl/',-h-<:1
However, this position may have negative planning impacts. The
Tipple Woods area is dense, has access and fire protection prob-
lems and the structures (and possibly the uses) are non-conform-
ing.
In the past, the City has taken the position that a long-term
lease (10-30 years, or more) is a subdivision. However, there are
Colorado cases (Centennial v. Littleton, 390 P.2d 471, 1964) that
indicate that no lease ~ complete disposition.
In addition, the original 99-year lease provides, in pertinent
part, as follows:
"It is mutually understood and agreed by and between the
parties to this lease agreement that upon demand of Lessees,
Lessors will convey to Lessees said above demised premises by
a good and sufficient Warranty Deed, providing however, that
Lessors shall be required to make said conveyance only if
such conveyance shall not be in violation of any Resolution
by the Board of County Commissioners for Pitkin County, ~
the Ordinances or Resolutions of a governmental successor to
,.....
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Pitkin County, and/or laws of the State of Colorado in force
and effect as of the date Lessees make demand of Lessors for
said conveyance; in the event said conveyance is made during
the term of this lease, the rental hereinabove receipted for
by Lessors shall be accepted as payment in full for said
property.
(emphasis added)
In the event claim or demand or legal action is asserted by
third parties against Lessors, Lessors do covenant and agree
that they shall save Lessees harmless from any such claim or
demand so asserted, and to indemnify Lessees therefore."
, ~~Il~~ (rc~s;bI1 hlP"j:J....,(i7l~).
It is my conclu~ion that the City could take aJs~orta~i-
tion that the City's planning object'ives outweig~the benefits in
clearing the title. The City could then reject the subdivision
exception, ~ars for the 1960 lease amendment to expire
and then abate the non-conforming use (two single-family houses on
one lot). Of course, in the ~ of an adverse decision from
Council, the owners might decide that the greatest economic bene-
fit might be gained by re-unifying the lot as one building site.
I know this sounds awfully academic but if the planning considera-
tions are strong enough, Council might decide to take an academic
position.
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APPLICATION FOR EXPEDITED
REVIEW OF EXCEPTION FROM
SUBDIVISION REGULATIONS
Request is hereby made on behalf of Stirling A. Colgate and
Rosie W. Colgate, as owners of Lot 4, Tipple Woods Sub-division
and George G. Anderman, Joan E. Anderman, and family, as owners
of a leasehold interest in ~ of Lot 4, Tipple Woods Sub-division,
(hereinafter jointly referred to as "Applicant"), under Ordinance
No. 16 of the Municipal Code of the City of Aspen, Colorado for
expedited review of this Application For Exception From
Subdivision Regulations. The Applicant is seeking to amend the
original Plat for Tipple Woods Sub-division to add the boundary
line between Lots 4 and 6.
HISTORY OF THE TIPPLE WOODS SUB-DIVISION
The Plat of Tipple Woods sub-division containing a total of
five lots was accepted and placed of record by the pitkin County
Commissioners on March 23, 1959, and approved by the City of
Aspen on June 15, 1959. In 1960, Kenneth and Betty Moore con-
veyed Lot 4, Tipple Woods to Charles and Ann Sink, reserving the
option to lease ~ of the Lot. The Moore's leased back ~ of Lot 4
on August 20, 1960 for a term of 99 years, and subsequently
extended the term to 200 years. In 1970 Lot 4 was conveyed to
the present owners, Stirling A. Colgate and Rosie W. Colgate,
subject to the leasehold interest. The leasehold is presently
held by the George Anderman family. Stirling A. Colgate and
Rosie W. Colgate as owners of Lot 4, join George G. and Joan E.
Anderman, and family, as owners of the leasehold interest in ~ of
Lot 4, in submitting this Application for Expedited Review of
Exception From Subdivision Regulations.
REQUEST FOR EXPEDITED REVIEW
Ordinance No. 16 of the Municipal Code of the City of Aspen,
Colorado amends Section 20-l9(b) and adds subsections (c) and (d)
granting authority to the City Council to hear Exceptions From
The Subdivision Regulations, without prior consideration by the
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Planning and zoning Commission.
The City Council may grant
exceptions from the standard requirements of Chapter 20 and grant
final subdivision approval when the City Council, in its sole
discretion and judgment, deems certain requirements to be redun-
dant, serve no public purpose and to be unnecessary in relation
to the land use policies of the City of Aspen. In cases where a
public hearing is required prior to the granting of any final
approval, the City Council may choose to conduct the public hear-
ing itself or refer the application to the Planning and zoning
Commission or a hearing officer. Prior to the granting of any
such exception, the City Council may request a recommendation
from the Planning and Zoning Commission.
The Applicant requests that the City Council except the
division of Lot 4 (into Lots 4 and 6) from the following subdivi-
sion requirements:
~20-l0 Conceptual Presentation
~20-ll preliminary plat - Procedures
~20-l2 preliminary plat - Contents
~20-l3 Preliminary Plat - Public Hearing
BASIS FOR SUBDIVISION AND EXPEDITED REVIEW
The Applicant seeks conceptual and final approval of a plat
which designates the division of Lot 4 Tipple Woods Sub-division
into Lots 4 and 6, thereby recognizing the "defacto" subdivision
which occurred in 1960 by way of the 99 year lease.
Under ~20-
3(s) of the Aspen Municipal Code, a leasehold interest which
divides a tract of land into two lots for the purpose of trans-
ferring the ownership, constitutes a subdivision.
In 1960, the
99 year lease divided the ownership interests in Lot 4, thereby
subdividing the lot, and no merger of the ownership interests has
occurred since that date. This Application is to effect a change
in the original plat to reflect this division of Lot 4.
The Planning and Zoning Commission and the City Council have
recognized that it is in the best interest of the City to
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simplify the processing of a subdivision application if the Code
requirements are redundant, serve no public purpose, and are
unnecessary in relation to the land use policies of the City.
Processing of this Application should proceed directly to the
City Council to avoid redundant review of the Plat and because
consideration of the Application will not involve an analysis of
the land use policies for Aspen.
The standard review process is unnecessary in relation to
the proposed division of Lot 4 because this proposal has no
effect on the Subdivision's: structural design, street arrange-
ment or traffic flow, recreation or open space. Nor will this
proposal affect the light and air standards, the congestion of
population, storm water runoff or the accessibility of fire
fighting equipment to the Tipple Woods Sub-division.
Furthermore, approval of the proposal results in no new noncon-
forming uses since no improvements or structural changes are
being sought by the Applicant. The Applicant seeks merely to
officially record a division that occurred in 1960.
Accompanying this Application For Expedited Review of
Exception From Subdivision Regulations is an Ownership and
Encumbrance Certificate issued by Aspen Title Company, Ltd.,
labeled Exhibit A, showing title vested in the Colgates.
The Resolution of Approval by the City of Aspen of the
original Plat for the Tipple Woods Sub-division is Exhibit B,
also incorporated herein.
The proposed plat For Lot 4, Tipple Woods Sub-division is
Exhibit C.
Dated this 21st day of June, 1983.
By
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File No. A83-2l2
OlVNERSHIP AND ENCUMBR,~~CE CERTIFICATE
ASPEN TITLE CmIPAJiY, LTD.
HEREBY CERTIFIES from a search of the books in this office that the OHner of:
LOT 4
TIPPLE WOODS SUBDIVISION
according to the Plat recorded
in Ditch Book 2A at Page 250
Situated in the County of Pitkin, State of Colorado, appears to be vested in
the name of:
STIRLING A. COLGATE A~~ ROSIE W. COLGATE
by that Certain Warranty Deed recorded in Book 245 at Page 880 and that the
above described property appears to be subject to the follO\;ing:
SUBJECT to terms, conditions and provisions of that certain Lease
given by Charles S. Sink and Ann B. Sink to Kenneth N.C.B. and
Betty Moore, dated February 1, 1960 and recorded September 20,
1960 in Book 191 at Page 583 for a primary term of 99 years, sub-
sequently amended by instrument recorded October 28, 1980 in Book
192 at Page 216 to a term of 200 years and other provisions, and
subsequently assigned by instrument recorded June 6, 1977 in Book
.329 at Page 940 and subsequently conveyed by Quit Claim Deeds
'recorded September 7, 1982 in Book 432 at Page 354 and in Book
432 at Page 355.
,
NOTE: although we believe the facts stated herein are true, it is understood
and agreed that the liability of Aspen Title Company, Ltd. will be limited to
the amount of the fee charged hereunder. This Certificate is not to be con-
strued as an abstract of title, nor an opinion of title, or a guaranty of title.
Dated this 26th day of April, 1983 at 8:00 A}!
ASPEN TITLE COMPANY, LTD.
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AUTHORIZED SIGNATURE
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Fee: $100.00
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L~~HIBIT '~A II
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PROPERTY O\VNERS WITHIN 300 FEET OF
LOT 4
TIPPLE WOODS SUBDIVISION
LOT 2
- Tipple Inn Condominiums (12 Units)
LOT 3
- Ronald M. Popeil
1292 Monte Cielo Drive
Beverly Hills, California 90210
LOT 5
\Hlliam Joseph Yarbrough
111001
1010 Wilder Avenue
Honolulu, Hawaii 96822
ANTHOHY ACRES
LOTS 1,2,3 - Hans B. Cantrup
P. O. Box 388
Aspen, Colorado 81612
LOTS 4,5,8 - A1penblick Condominiums (20 Units)
LOTS 6,7 - Fasching Haus East (22 Units)
LOTS 9,10 - Fasching Haus Condominiums (15 Units)
CAPITAL HILL
LOT 24
- June Allen Moss Cantrup
P. O. Box 388
Aspen, Colorado 81612
SECTION 18, T. 10 S., R. 84 W.
Aspen Skiing Company, a Colorado general partnership, consisting of Twentieth
Century-Fox Film Corporation (formerly TCF Intermediate Company, Inc.), a
Delaware Corporation and Urban Diversified Properties, Inc., a Connecticut
Corporation.
,
, \ )
"
,'~
"
RESOLUTION
.~
~lEREAS, the Tipple Woods Subdivision located in the
l\'H~, Section 18, TO'.vnship 10 South, Range 84 \Vest, 6th P. H.,
pitkin County, Colorado, recorded as Document No. 107793, Ditch
Book 2A, Page 250 of the records for Pitkin County, is adjacent
to the City of Aspen, and has been platted by the OImers, :Kenneth
N. C.B. Hoore and Betty Hoore,
v~IEPillAS, such plat has been approved by, the Pitkin
County Planning Co~~ission and accepted for filing by the Board
of County CO~IDlissioners,
-
\-ffiEREAS, the approval
of the City Council for the City
of Aspen is required by Statute,
" .
'NOW, THEREFORE, BE IT RESOLVED:
.~.
'"
L That. the plat of the Tipple Hoods Subdivision located
in the h~~~, Section 18, To\mship 10 South,Range 84 West, 6th P. M.,
Pitkin Cpunty,Colorado, has been recorded as Document No., 107793,
in Ditch Book 2A, Page 250 of the records for Pitkin County and is
hereby accepted and approved by the City Council for. the City of
Aspen.
Jun,: ~'(~o
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(/ HAYOR
ATTEST: . ,e
,f6t((,(.9:.77 ~>~r
, ,CITY CLERK
Dated this
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APPLICATION FOR EXPEDITED
REVIEW OF EXCEPTION FROM
SUBDIVISION REGULATIONS
Request is hereby made on behalf of Stirling A. Colgate and
Rosie W. Colgate, as owners of Lot 4, Tipple Woods Sub-division
and George G. Anderman, Joan E. Anderman, and family, as owners
of a leasehold interest in ~ of Lot 4, Tipple Woods Sub-division,
(hereinafter jointly referred to as "Applicant"), under Ordinance
No. 16 of the Municipal Code of the City of Aspen, Colorado for
expedited review of this Application For Exception From
Subdivision Regulations. The Applicant is seeking to amend the
original Plat for Tipple Woods Sub-division to add the boundary
line between Lots 4 and 6.
HISTORY OF THE TIPPLE WOODS SUB-DIVISION
The Plat of Tipple Woods Sub-division containing a total of
five lots was accepted and placed of record by the pitkin County
Commissioners on March 23, 1959, and approved by the City of
Aspen on June 15, 1959. In 1960, Kenneth and Betty Moore con-
veyed Lot 4, Tipple Woods to Charles and Ann Sink, reserving the
option to lease ~ of the Lot. The Moore's leased back ~ of Lot 4
on August 20, 1960 for a term of 99 years, and subsequently
extended the term to 200 years. In 1970 Lot 4 was conveyed to
the present owners, Stirling A. Colgate and Rosie W. Colgate,
subject to the leasehold interest. The leasehold is presently
held by the George Anderman family. Stirling A. Colgate and
Rosie W. Colgate as owners of Lot 4, join George G. and Joan E.
Anderman, and family, as owners of the leasehold interest in ~ of
Lot 4, in submitting this Application for Expedited Review of
Exception From Subdivision Regulations.
REQUEST FOR EXPEDITED REVIEW
Ordinance No. 16 of the Municipal Code of the City of Aspen,
Colorado amends Section 20-l9(b) and adds subsections (c) and (d)
granting authority to the City Council to hear Exceptions From
The Subdivision Regulations, without prior consideration by the
Planning and Zoning Commission. The City Council may grant
exceptions from the standard requirements of Chapter 20 and grant
final subdivision approval when the City Council, in its sole
discretion and judgment, deems certain requirements to be redun-
dant, serve no public purpose and to be unnecessary in relation
to the land use policies of the City of Aspen. In cases where a
public hearing is required prior to the granting of any final
approval, the City Council may choose to conduct the public hear-
ing itself or refer the application to the Planning and zoning
Commission or a hearing officer. Prior to the granting of any
such exception, the City Council may request a recommendation
from the Planning and zoning Commission.
The Applicant requests that the City Council except the
division of Lot 4 (into Lots 4 and 6) from the following subdivi-
sion requirements:
520-10 Conceptual Presentation
520-11 preliminary Plat - Procedures
520-12 preliminary plat - Contents
520-13 preliminary Plat - Public Hearing
BASIS FOR SUBDIVISION AND EXPEDITED REVIEW
The Applicant seeks conceptual and final approval of a plat
which designates the division of Lot 4 Tipple Woods Sub-division
into Lots 4 and 6, thereby recognizing the "defacto" subdivision
which occurred in 1960 by way of the 99 year lease. Under 520-
3(s) of the Aspen Municipal Code, a leasehold interest which
divides a tract of land into two lots for the purpose of trans-
ferring the ownership, constitutes a subdivision. In 1960, the
99 year lease divided the ownership interests in Lot 4, thereby
subdividing the lot, and no merger of the ownership interests has
occurred since that date. This Application is to effect a change
in the original plat to reflect this division of Lot 4.
The Planning and zoning Commission and the City Council have
recognized that it is in the best interest of the City to
-2-
simplify the processing of a subdivision application if the Code
requirements are redundant, serve no public purpose, and are
unnecessary in relation to the land use policies of the City.
processing of this Application should proceed directly to the
City Council to avoid redundant review of the plat and because
consideration of the Application will not involve an analysis of
the land use policies for Aspen.
The standard review process is unnecessary in relation to
the proposed division of Lot 4 because this proposal has no
effect on the subdivision's:
structural design, street arrange-
ment or traffic flow, recreation or open space. Nor will this
proposal affect the light and air standards, the congestion of
population, storm water runoff or the accessibility of fire
fighting equipment to the Tipple Woods Sub-division.
Furthermore, approval of the proposal results in no new noncon-
forming uses since no improvements or structural changes are
being sought by the Applicant. The Applicant seeks merely to
officially record a division that occurred in 1960.
Accompanying this Application For Expedited Review of
Exception From Subdivision Regulations is an Ownership and
Encumbrance Certificate issued by Aspen Title Company, Ltd.,
labeled Exhibit A, showing title vested in the Colgates.
The Resolution of Approval by the City of Aspen of the
original Plat for the Tipple Woods Sub-division is Exhibit B,
also incorporated herein.
The proposed plat For Lot 4, Tipple Woods Sub-division is
Exhibit C.
Dated this 21st day of June, 1983.
::LLAND & HARTK2v;;'
~K. Purvis
-3-
~...""
File No. A83-212
OWNERSHIP AND ENCUMB~\NCE CERTIFICATE
ASPEN TITLE CO~~M,Y, LTD.
HEREBY CERTIFIES from a search of the books in this office that the o,mer of:
LOT 4
TIPPLE WOODS SUBDIVISION
according to the Plat recorded
in Ditch Book 2A at Page 250
Situated in the County of Pitkin, State of Colorado, appears to be vestea in
the name of:
STIRLING A. COLGATE AND ROSIE W. COLGATE
by that Certain Warranty Deed recorded in Book 245 at Page 880 and that the
above described property appears to be subject to the following:
SUBJECT to terms, conditions and provisions of that certain Lease
given by Charles S. Sink and Ann B. Sink to Kenneth N.C.B. and
Betty Moore, dated February 1, 1960 and recorded September 20,
1960 in Book 191 at Page 583 for a primary term of 99 years, sub-
sequently amended by instrument recorded October 28, 1980 in Book
192 at Page 216 to a term of 200 years and other provisions, and
subsequently assigned by instrument recorded June 6, 1977 in Book
,329 at Page 940 and subsequently conveyed by Quit Claim Deeds
'recorded September 7, 1982 in Book 432 at Page 354 and in Book
432 at Page 355.
NOTE: although we believe the facts stated herein are true, it is understood
and agreed that the liability of Aspen Title Company, Ltd. will be limited to
the amount of the fee charged hereunder. This Certificate is not to be con-
strued as an abstract of title, nor an opinion of title, or a guaranty of title.
Dated this 26th day of April, 1983 at 8:00 AM
ASPEN TITLE COMPANY, LTD.
j0-(~-r' d-~~
AUTHORIZED SIGNATURE
/
/
Fee: $100.00
"
E;~EIBIT '~A II
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PROPERTY OWNERS WITHIN 300 FEET OF
LOT 4
TIPPLE WOODS SUBDIVISION
LOT 2
_ Tipple Inn Condominiums (12 Units)
LOT 3
- Ronald M. Popeil
1292 Nonte Cielo Drive
Beverly Hills, California 90210
LOT 5
_ William Joseph Yarbrough
111001
1010 Wilder Avenue
Honolulu, Hawaii 96822
ANTHOl-lY ACRES
LOTS 1,2,3 - Hans B. Cantrup
P. O. Box 388
Aspen, Colorado 81612
LOTS 4,5,8 - Alpenblick Condominiums (20 Units)
LOTS 6,7
_ Fasching Haus East (22 Units)
,
LOTS 9,10 - Fasching Haus Condominiums (15 Units)
CAPITAL HILL
LOT 24
- June Allen Moss Cantrup
P. O. Box 388
Aspen, Colorado 81612
SECTION 18, T. 10 S., R. 84 W.
Aspen Skiing Company, a Colorado general partnership, consisting of Twentieth
Century-Fox Film Corporation (formerly TCF Intermediate Company, Inc.), a
Delaware Corporation and Urban Diversified Properties, Inc., a Connecticut
Corporation.
._~-"--"~_._._".~~-----"
, '
"
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RESOLUTION
,
~{EREAS, the Tipple Woods Subdivision located in the
l\'1~~, Section 18, TO\Vllship 10 South, Range 84 Hest, 6th P. N.,
pitkin County, Colorado, recorded as Document No. 107798, Ditch
Book 2A, Page 250 of the records for Pitkin County, is adjacent
to the City of Aspen, and has been platted by, the mvners, :Kenneth
N. G.B. Hoore and Betty I'ioore,
'mEREAS, such plat has been approved by. the Pitkin
County Planning C01!li11ission and accepted for filing by the Board
of CountyConnnissioners,
,
llliEREAS, the approval of the City Council for the City
of Aspen is required by Statute,
"
. NOW, THEREFORE, BE IT RESOLVED:
'.,
L That. the plat of the Tipple '\-loods Subdivision located
in the Nwk, Section 18, Tmvnsbip 10 Soutb, Range 84 Hest, 6th P. N.,
Pitkin Cpunty,Colorado, bas been recorded as Document No., 107793,
in Ditch Book 2A, Page 250 of tbe records for Pitkin County and is
hereby accepted and approved by tbe City Council for the City of
'.
Dated this
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.
June" 1959':;1C~' . '
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v ~iAYOR
Aspen.
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ATTEST:
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DENVER OFFICE
SUITE 2900
555 SEVENTEENTH STREET
DENVER,COLORADO 80202
TELEPHONE (303) 575-8000
TELE:COPIER (303) 575-8261
HOLLAND & HART
ATTORNEYS AT LAW
WASHINGTON, D. C.OFFICE
SUITE 1200
1875 EYE STREET, N. W.
WASHINGTON, D. C. 20006
TELEPHONE (202) 466-7340
TE;LECOPIER (202) 466-7354
600 EAST MAIN STREET
ASPEN,COLORADO 81611
TELEPHONE (303)925-3476
MONTANA OFFICE
SUITE 1400
175 NORTH 27TH STREET
BILLINGS, MONTANA 59101
TELEPHONE (406) 252-2166
TELECOPIER (406) 252-1669
June 21, 1983
WYOMING OFFICE
SUITE. 500
2020 CAREY AVENUE
CHEYENNE,WYOMING 62001
TELEPHONE (307) 632-2160
TELECQPTER (3D?) 778-8175
BARBARA K. PURVIS
(303) 925-3476
S. E. DENVER OFFICE
BUILDING S-SUITE 4002
5555 OTC PARKWAY
ENGLEWOOD, COLORADO 80111
TELEPHONE (303) 575-8350
Ms. Colette Penne
City Planner
City of Aspen
130 South Galena
Aspen, Colorado
Street
81611
Re: Application For Expedited Review of
Exception From Subdivision Regulations
For Lot 4, Tipple Woods Subdivision
Dear Colette:
I am enclosing an original and four copies of the Application
For Expedited Review of Exception From Subdivision Regulations,
requesting City Council approval of the division of Lot 4, Tipple
Woods Sub-division into two lots, and our check in the amount of
$465.00 representing payment of the subdivision exception fee. I
am also enclosing four prints of an Improvement Survey prepared by
Alpine Surveys, and one copy of the Cooper Aerial Survey for the
City of Aspen.
I have reviewed the survey completed by Alpine Surveys setting
forth the proposed division in order to determine any non-
conformities that would exist under the present Municipal Code,
should the lot-division be approved. I have enclosed a summary of
those findings.
Lot 4 is irregularly shaped and access to the two structures
on the lot is by way of the tramway. If the tram is assumed to be
the basis for determination of the front yard, then one unit has a
front yard that is less than the minimum 10 feet. Again, due to
the irregular shape of the lot, one of the units does not uniformly
meet the rear yard set back of ten feet.
f""'.
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"......
-
HOLLAND &HART
June 21, 1983
Page 2
Please review the Application and notify me of any additional
information you may need in order to proceed with the processing of
this matter. I would appreciate this matter being set for review
on the next available City Council agenda.
Very truly yours,
~~, rl;;JtAAv ;.
Barbara K. Purvis
for Holland & Hart
BKP/pal
Enclosures
cc: Mr. Gary Esary
-,
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AREA DESCRIPTION OF LOT 4, TIPPLE WOODS SUBDIVISION
Current Zoning: Lodge II
Intention For zoning: To encourage construction and renovation of
lodges in the area at the base of Aspen Mountain and to allow
construction of tourist-oriented single family, duplex
and multi-family units.
Permitted Uses: Lodge units boarding houses; 'hotel; dining room,
laundry and recreation facilities for guests only;
multi-family residences; single-family and duplex
residences.
Conditional Uses: Restaurant; time sharing.
Structural Description: Unit A, Lot 4, Tipple Woods Subdivision
800 square feet; 2 bedrooms.
Unit B, Lot 4, Tipple Woods Subdivision
800 square feet; 2 bedrooms.
Lot Size: 7584.5 square feet
Woods Subdivision.
Total Area for Lot 4, Tipple
-
Minimum Lot Area Per Dwelling Unit: 2,100 square feet; present
measurement is 3,792.25 and no existing nonconformities.
Minimum Lot Width: 60 feet; irregularly shaped lots, each
exceeding 60 feet at widest point, but narrows to a lesser
amount.
Minimum Front Yard: 10 feet. If tramway, as point of access,
is opposite the front yard, one structure has a minimum
front yard of at least 10 feet.
Minimum Side Yard: 5 feet. Proposed center lot line leaves one
unit with a side set back of 3 + feet at one point.
Minimum Rear Yard: If tramway as point of access is opposite
the front yard, one unit has a rear yard setback of
6.7 ~ at one point.
, ,
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MEMORANDUM
TO: Colette Penne, Planning Office
FROM: Jay Hammond, Engineering Departmen~
DATE: September 8, 1983
RE: Tipple Woods Lot 4 Subdivision Exception
Having reviewed the above application for expedited
review of a subdivision exception, the City Engineering
Department has the following comment:
Lot 4 of the Tipple Woods Subdivision is already illegal
in that it fails to front on a public street as required
in Municipal Code Section 20-l7(c) (4). Creation of a
new lot 6 would create a situation that is not only
non-conforming in terms of setbacks but illegal under
the above code section,
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MEMORANDUM
DATE: August 31, 1983
TO: Colette Penne
FROM: Gary ESary~
RE: Tipple Woods Subdivision, Lot 4/Subdivision Exception Appli-
cation
I have reviewed the latest correspondence in this matter (July 20
letter from Barbara Purvis) which responded coincidentally to my
letter to her of the same date.
Ms. Purvis has answered a considerable number of questions and it
is now my opinion that the application can be accepted for pro-
cessing pursuant to Sections 20-19(c) and (d), Municipal Code, as
amended.
It could be that after referrals the Planning Office and this
office consider the application to be a simple plat amendment
reflecting an historical de facto resubdivision and creation of
two non-conforming lots (as defined by Section 24-13.6).
However, with a new ordinance, new Council, the density of that
area of town and a recent challenge to the Ordinance 16 procedure,
it may be that the Planning Office may recommend that a public
hearing be held and/or that P&Z be consulted.
Anyway, it is at least ready to go to referral and I commend Ms.
Purvis for making murky water much clearer.
Please note that any application under 20-19(d) must be verified
by the applicants, so we need a letter signed by the Andrews in
our file.
GSE/mc
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MEMORANDUM
TO: City Attorney
City Engineer
PLANNER: Colette Penne
RE: Tipple Woods Lot 4 Subdivision Exception - Expedited
Review
DATE: August 24, 1983
Attached is an application for expedited review of exception from
subdivision regulations for Lot 4, Tipple Woods Subdivision. The
request is to divide Lot 4 into two lots.
Please review the materials and return your comments to the Planning
Office by September 8 so that we may prepare for its presentation at
the September 26 City Council meeting.
Thank you.
,....
.........
DENVER OFFICE;:
SUITE 2900
555 SEVENTEENTH STREET
DENVER,CCLORADO 80202
TELEPHONE (303) S75~8000
TELECQPIER (303) 575.8261
HOLLAND & HART
ATTORNEYS AT LAW
WASHINGTON, D. C.QFFICE
SUITE 1200
1875 EVE STREET, N. W.
WASHINGTON, D. C. 20006
TELEPHONE (202) 466-7340
TELECOP1ER (202:)466-7354
600 EAST MAIN STREET
ASPEN, COLORACO 81611
TELEPHONE (303) 925-3476
MONTANA OFFICE:
SUITE 1400
175 NORTH 27TH STREET
BllUNGS,MONTANA 59101
TELEPHONE (406) 252-2166
TELECOPIER (406) 252:-1669
WYOM I NG OFFICE
SUITE 500
2020 CAREY AVENUE
CHEYENNE,WYOMING 82001
TELEPHONE (307) 632~2160
TELECQPIER (307) 779-8!75
BARBARA K. PURVIS
(303) 925-3476
July 20, 1983
S. E. DENVER OFFICE
BUILDING $-SUITE 4002
5555 OTC PARKWAY
ENGLEWOOD, COLORADO a0111
TELEPHONE (303) 675-8350
Gary Esary, Esq.
Assistant City Attorney
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Ms. Colette Penne
City Planner
City of Aspen
130 South Galena
Aspen, Colorado
Street
81611
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ASPEN r' ' CE
" PLANNING 01'1'\
Re: Lot 4 Tipple Woods Subdivision
Dear Gary and Colette:
I would like to address two issues that have been raised by
the City of Aspen in response to my request for Expedited Review
of Exception From Subdivision Regulations for Lot 4 Tipple
Woods.
A letter dated November 20, 1975 by John W. Coughlin,
attorney at law, was submitted to the Planning Commission on
behalf of Mr. and Mrs. George Anderman requesting a Statement of
Exemption from the subdivision requirements for Lot 4 Tipple
Woods. The City's Engineering Department and Planning
Department responded to the letter with a request for additional
information from the applicant. The records do not reveal that
the information was provided by the applicant and it appears
that no formal action was taken by the City, as an amended plat
was never placed of record.
As you know, I am currently representing the Andermans in
an Application for Expedited Review of Exception From
Subdivision Regulations. On behalf of the Andermans, please
accept this correspondence as a request to withdraw the
.-
,../
""
"
HOLLAND &HART
Mr. Gary Esary
Assistant City Attorney
Ms. Colette Penne
City Planner
July 20, 1983
Page 2
Exemption request submitted in 1975. I believe that the
Application that I submitted to the City on June 21, 1983, more
accurately addresses the concerns and issues as they currently
exist and that the Application contains all of the information
that will be required for the decision-making process.
I have reviewed the annexation records of the Pitkin County
Clerk's Office as well as various annexation and tax assessment
records in able to verify the date of annexation of the Tipple
Woods Subdivision. Tipple Woods was annexed on March 20, 1967
as part of the "South" annexation which incorporated 160.96
total acres. At the time of the annexation, a 200 year lease
existed for Lot 4 Tipple Woods which divided the ownership
interests in Lot 4, thereby subdividing the lot. This "defacto"
subdivision was therefore in existence at the time of the annex-
ation of the Tipple Woods Subdivision. The Application For
Expedited Review of Exception From Subdivision Regulations that
I have submitted seeks to effect a change in the original plat
reflecting the division of Lot 4 that had occurred prior to
annexation of the property.
I hope this additional information clarifies the issues
that you have presented. If so, I would appreciate this matter
being set for review on the next available City Council agenda.
02;:-1J2~~
Barbara K. Purvis
for Holland & Hart
BKP/k
cc: Dr. and Mrs. Stirling Colgate
Ms. Suzanne Weakley
Mr. Mel Martin
July <:U, 1 ge3
Barbara K. ?urvis, 88q.
Holland & liart
6UU East Main Street
Aspen, ColoradO 81611
H~: Tipple ~ioods SUbdivision B~ccption ApplIcation of June ~1,
1ge3
Dear ns. }'llrVls:
'i1hi;:, letter is to confirm the substancp. of our telepnon~ eonverS2-
tion last week in the referenced matter.
In that conversation, I intor:aed you that it ~ras my opinion that
your application was not a proper subject for expedited review
(Orriinsnce 16-1983) because of unanswered questions in the long
ana torturous land use history of the suhJect lotI specifically,
the lack of clear: record concerning the 3rmexatiol1, the exact
chronology of the oriqinal subdivision, annexation and various
leases ano. <.iE-eos, an,:J the previous Bubd i viSIon "exempt ion It appI i-
cation filed on the property.
In l~lY o~lnion, a full two-stell revi~w would be necessary ~o pro-
perly research, preeent and consider these issues and probably
others ti1i.tt ~.loul:~ ari::;(: in tn0 procef..:s.
You indicated tliat the applicant mioht be ablE' to supply sowe 01'
the answerr; tc. tne quo:::stionB raised and asked for the a.pplication
to tJe held for a short time as an expedited revie'Vl lnatter, pendin:;
f(Jrther rPRe2rch.
I will ke-'2P ",jorkin') on the anOexatioll que;~tionF froLi ttli13 (~nd e.nd
I understand that you will get back to me with additional research
to see it tllt2 a})pl iC(:lt ion can indoet; {)t2 f,rOCt'f::<;ed by exp~d i ted
review.
Very truly yours,
C;ary s. J~sary
hssistant City ^ttorney
t~Sr~/nc
i\li'l-n i\iCllrncln/-
hathryn Koch
cc:
,,----
DENVER OFFICE
SUITE 2800
555 SEVENTEENTH STREET
DENVER,COLORAOO 80a02
TELEPHONE (303) 575.8000
TELECOPIER (303) 575-8261
HOLLAND & HART
ATTORNEYS AT LAW
WASHINGTON, D. C. OFFICE
SUITE 1200
1875 EYE STREET, N. W.
WASHINGTON, O. C. 20006
TELEPHONE (2021466-7340
TELECQP1ER (202)466-7354
600 EAST MAIN STREET
ASPEN, COLORADO 81611
n;LEPHQNE (303) 925-3476
MONTANA OFFICE
SUITE 1400
175 NORTH 27TH STREET
BilLINGS, MONTANA 59101
TELEPHONE (406) 252-2166
TELECCPIER (406) 252-1669
June 21, 1983
WYOMING OFFICE
SUITE 500
2020 CAREY AVENUE
CHEYE:NNE,WYOMING 82001
TELEPHONE (307) 632.2160
TELECOPIER (307) 778-8175
BARBARA K. PURVIS
(303) 925-3476
S. E. DENVER OFFICE
BUILDING 5-5UITE 4002
5555 DTC PARKWAY
ENGLEWOOD, COLORADO 80111
TELEPHONE (303) 575-8350
Ms. Colette Penne
City planner
City of Aspen
130 South Galena
Aspen, Colorado
Street
81611
Re: Application For Expedited Review of
Exception From Subdivision Regulations
For Lot 4, Tipple Woods Subdivision
Dear Colette:
I am enclosing an original and four copies of the Application
For Expedited Review of Exception From Subdivision Regulations,
requesting City Council approval of the division of Lot 4, Tipple
Woods Sub-division into two lots, and our check in the amount of
$465.00 representing payment of the subdivision exception fee. I
am also enclosing four prints of an Improvement Survey prepared by
Alpine Surveys, and one copy of the Cooper Aerial Survey for the
City of Aspen.
I have reviewed the survey completed by Alpine Surveys setting
forth the proposed division in order to determine any non-
conformities that would exist under the present Municipal Code,
should the lot-division be approved. I have enclosed a summary of
those findings.
Lot 4 is irregularly shaped and access to the two structures
on the lot is by way of the tramway. If the tram is assumed to be
the basis for determination of the front yard, then one unit has a
front yard that is less than the minimum 10 feet. Again, due to
the irregular shape of the lot, one of the units does not uniformly
meet the rear yard set back of ten feet.
........
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'.....
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HOLLAND &HART
June 21, 1983
Page 2
Please review the Application and notify me of any additional
information you may need in order to proceed with the processing of
this matter. I would appreciate this matter being set for review
on the next available City Council agenda.
Very truly yours,
~1Jo t~~ ~v;,
Barbara K. Purvis
for Holland & Hart
BKP/pal
Enclosures
cc: Mr. Gary Esary
DENVER OFFICE
SUITE 2900
555 SEVENTEENTH STREET
DENVER,COLORADO 80202
TELEPHONE (303) 575-8000
TELECOPIER (303) 575-8261
HOLLAND & HART
ATTORNEYS AT LAW
WASHINGTON, D. C. OFFICE
SUITE 1200
1875 EYE STREE.T, N. W.
WASHINGTON, D. C.20006
TELEPHONE (202) 466-7340
TELECOPIER (202) 466-7354
600 EAST MAIN STREET
ASPEN, COLORADO 81611
TELEPHONE (303) 925-3476
MONTANA OFFICE
SU ITE 1400
175 NORTH 27TH STREET
BILLINGS, MONTANA 59101
TELEPHONE (406) 252-2166
TELECOPIER (406) 252-1669
April 27, 1983
WYOMI"JG OFFICE
SU ITE 500
2020 CAREY AVENUE
CHEYENNE,WYOMING 82001
TELEPHONE (307) 632-2160
TELECOPIER (307) 778-8175
BARBARA K. PURVIS
(303) 925-3476
S. E. DENVER OFFICE
BUILDING 5-SUITE 4002
5555 DTC PARKWAY
ENGLEWOOD, COLORADO 80111
TELEPHONE (303) 575-8350
HAND DELIVERED
Mr. Gary Esary
Assistant City Attorney
City of Aspen
130 So. Galena Street
Aspen, Colorado 81611
Ms. Colette Penne
City Planner
City of Aspen
130 So. Galena Street
Aspen, Colorado 81611
Re: Lot 4, Tipple Woods Subdivision
Dear Gary and Colette:
Pursuant to our conference on April 20, 1983, I have obtained
additional data detailing the configuration of Lot 4, Tipple Woods
Subdivision. I am attaching a schematic representation of Lot 4,
drawn to scale and an aerial contour map with the Tipple Woods
Subdivision superimposed thereon. The Tipple Woods Subdivision has
been annexed to the City and the original plat remains unchanged.
As you know, in 1960 the owners of Lot 4 conveyed a 99 year lease-
hold interest in ~ of the lot. The lease was subsequently amended
to extend that leasehold interest to 200 years. (A copy of the
lease and amendment thereto are enclosed.) The owner of the lease-
hold interest is requesting a subdivision exception and a re-
platting of the subdivision reflecting the defacto division of Lot
4 into two separate lots.
Lot 4 encompasses a total of 7,584.50 square feet. The lease-
hold interest divided the lot into two equal parcels, each covering
3,792.25 square feet. Each parcel has a single family dwelling
totalling 800 square feet. The homes contain 2 bedrooms each and
measure 20' x 40'.
c
HOLLAND &HART
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,)
April 27, 1983
Page 2
I hope this information addresses the questions you have
raised. If there is any additional information that you would like
before our conference on Tuesday, May 2 please let me know.
Very truly yours,
~bo.. - - K(Z,v":
Barbara K. Purvis
for Holland & Hart
BKP jpal
enclosure
cc: George Anderman
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Piled tor 1'lIeor4 the 20th cia,. or SltJl'''~l960 a' 6rSS O'.look AMo./
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THIS DmEN1URB. Mada thb bt da,. of Febzuazy. 111 the year
of our Lord one thou.and nine hundred and .1ztJ. between CHARLES S.
SIt<< and ANN B. SINX. of the Ur.t part. hereinafter referred to a.
Le..or.. aDd ItEM1m1H N.C.B. "OORB lUUI BKrrf Moomt. of the .econd
part. hereinafter referred to a. Lellee..
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In con.ideration of the __ of TEN DOLLARs a. total pre-
pa}_nt of reoul. paid by the Le..ee. to the Le..or.. receipt of
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which 18 hereby confee.ed and acknowledged. and pur.uant to the
re.ervation of the right to lea.e a portion of Lot 4, Tipple Wood.
SUbdiv!don, as described in that certain Deed dated January 29,
1960, in which the Lessees conveyed Lot 4. Tipple Wood. Subdiv1aion,
.'
.... ..
to the Lessors, the Lessors do hereby lea.e to the Le..... the fol-
lowing de.cribed lot or parcel of land .ituate in the County of
...
Pitkin. State of Colorado:
C~encing at the Northwest corner of Lot 4, Tipple
Wood. Subdivision according to the plat thereof recorded
as Doc. No. 107798 111 Ditch Book 2A at Page 250 of the
records of Pitkin County; thence proceeding along the
Northea.t.rn boundary of .aid Lot 4 a dbtance of 87.08
feet to a point wbicb shall becOlM the Northea.t corner of
the reserved port1pn; theoee -.king a 9O-(ri8bt angle) turn
to the Soutbweet. aDd proceeding alOllI ..id line a dbtance of
87.08 feet. at which dbtance ..id line will int.r..ct the
West boundary of ..id Lot 4; thence North along tbe Weat
boundary of ..id Lot 4 to po1l1t of beA1>ming. wbicb r..erved
portion vUl CODta1l1 approxiJqtely 3792.25 tquare feet.
for
the tem of n1l1'iDe year. fn. the Ur.t day of February,
That teaaor. cowuant that they ha". good title to the
dea:l..ed Pn.:l..... and thet ..id px..iae. are free ancI clear of all
1960.
liena and enClabrence. ucept taxes for 1960. payable 111 1961.
aubdivialOll re.trict1oaa. "__ta of record .. ab_ upon the
plat of ..id aubd1vialoa. II1nerel and ah,fl'\& r1abt. .. prov1ded
,'t1' ..~s::;-':"~:-,~':,V~l-1\'-:>,-~'~,~?,;-~~__--'~J-:!r:-:':::~?'~-~~~~._~-)~_;
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in Document No. 106319,
Book 184, Page 7, of the records for
Pitkin County and restrictions as contained in patents from the
United States of America.
.
That Lessees covenant and agree to payor discharge all
taxes, assesBments, penalties, charges, rates or liens of any
nature whatsoever which may, during the tem hereof, be levied,
assessed, charged, imposed or claimed on or against said lot of
land, or any improvements or fixture thereon, or appurtenances
thereto, or any part thereof, or against the owner or owners of
said land, or the improvements, by reason or said ~ership, by
whatsoever authority levied, assessed, charged, imposed, claimed,
and whether the same be on or against the property herein leased,
its improvements, fixtures, or app~rtenances, or any part thereof.
That Lessees shall use said demised premises, Subject to
the prOVisions, terms and conditions of the restrictive covenants
of said Tipple Woods Subdivision recorded as Document No. 107916,
of At he records for Pitkin County, and Lessees shall be entitled to
represent said premises as therein provided; that this lease is
subject to the provisions of all Governmental laws, resolutions, or
re~Jlations now in force or hereafter enacted.
That the Lessors shall not be liable for any injury or
damage to any person or to any property at any time on said pre.,ises,
or building from any cause whatever which may arise from the use or
the conditions of said premises or building or from ice thereon, or
from water, rain, snow or gas which may leak into, issue or flow
from any part of said building, or from any other place or quarter,
or from any other cause, during said tem; and Lessees do hereby
-3-
covenant and agree to hold the Lessors harmless of any claim or
demand whats~ever, which shall be asSerted against Lessors arising
out of the use of said premises by Lessees, and that Lessees shall
and do hereby agree to indemnify Lessors against any of such claims.
That Lessees may assign this lease or sublet said pre-
mises, provided that the Lessees shall not at the time of said
assignment be in default in the terms and conditions of this lease,
and any such assignment shall be subject to the ~erms or conditions
herein contained.
It is mutually understood and agreed by and between the
parties to this lease agreement that upon demand of Lessees,
,
Lessors will convey to Lessees said above demised premises Ly ~
good and sufficient \~arranty Deed, providing however, that '.esSors
shall be required to make said conveyance only if such conveyance
shall not be in violation of any Resolution by the Board of COl/nty
Commissioners for j i,tkin County, or the Ordinances or Resollla tions
ofl"a governmental successor to Pitkin County. and/or laws of th"
Sta te of Colorado in force and effect as of the date Lessees make
demand of Lessors for said conveyance; in the event .>did COflV,~y,,"cc
is made during the te.~ of this lease, the rental hereinabove
receipted for by Lessors shall be accepted as payment in fllll ior
said property.
In the event claim Or demand or legal action is asserted
by third parties against Lessors, Lessors do covenant and agree that
they shall save Lessees harmless from any such claim or demand so
asserted, and to indemnify Lessees therefore.
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se~ their hands and seals this let day of February
,1960.
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Lessees covenant and agree th<<t upon the expiration of
tha term hereof that they shall deliver up said demised premises
to Lessors. together with all improvements situate thereon.
That Lessees shall not commit waste on said premises.
That in the event Lessees shall elect at any time to
mortgage and encumber their leasehold interest, and the Lessees are
not at the time in default. Lessors do hereby covenant and agree
that their interest in said premises as Lessors shall be and is
it shall not be necessary for such mortgagee to receive a written
hereby held tO,be subordinate to the Lien of such mortgagee, and
subordination agreement from the said Lessors.
That this Agreement shall be binding upon and inure to
the benefit of the respective parties hereto, their heirs, ad-
ministrators. executors, personal representatives and assigns.
IN lHTNESS WHEREOF, the parties hereto have hereunto
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STAlE OF OOWRADO ~
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OOUN'lY OF PI'DtIN
The forelliOing Lease.. aCknoWledged before me thb let day
of February, 1960, by DNNETH N.C.B. HOOlE. !llI:TTY!IlORE, CIWlLES S.
,S:mx and ANN B. SINX.
','-'.-.i....I'. WI'DlESS r:JY hand and official seal.
' ':', ,,<".:~ ", My cO_bawn expirea Febru-.ry n.
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P11ed for ncO~t"'~28~
Recept:1on 110. 110484
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1960 at 10:20 A. ..
Pam I. Col>la, Recorder
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THIs AMRNI>>IBN'r OJ> LKASB, made and entered into this
14th day of October, 1960. by and between CHAJu.!:s Il. SIN)(
and ANN B. SrNl'C, herein c:alled Lessors. and XBNNEm N. C. B.
MOORE and BE'l'TY MOORE, herein called Lessees.
WIT N E SSE T HI
WHEREAs, lessors and lessees each own interests under
and subject to a certain Lease dated February I, 1960, cover-
Lng the following described lands in Pitkin County, COlorado.
to-wit:
That part of Lot 4. Tipple Woods Sub-
division, which is more particularly described
as follows:
Commencing at the Nor~hwest corner of
Lot 4, Tipple Woods Subdivision according to the
plat thereof recorded as Document No. 107798 in
Ditch Book 2A at Page 250 of the records of
Pitkin County; thence proceeding along the North-
eastern boundary of said Lot 4 a distance of
87.08 feet to a point which shall become the
Northeast corner of the reserved portion; thence
making a 90. (right angle) turn to the SOuthwest.
and proceed~ng along said line a distance of
87.08 feet. at which distance said line will
intersect the West; boundary of said Lot 4;
thence North along the West boundary of said
Lot 4 to a POint of beginning. Which reserved
portion will contain approximately 3792.25 square
feet,
such Lease having been >:eeorded in Book 191 at Page 583 of the
records of such county, and lessors and lessees now deSire to
amend Such proviSions of Such lease.
NOIf. THEREPORB, in consideration of the premises and
other good and valuable consideration, the receipt, adequacy
and sufficiency of Which are hereby acknowledg~. and for the
,
purpose of amendinq such Lease as originally executed. it h
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216
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now hereby agreed, nOhrith9tandin<] al1)'tll.tng ~" tAa contrary
in such Lease as originally executed. tl:lAt,
1. The term of such lease is a::d shall be a tenn of
hro hundred (200) years fran the 1st of February, 1960.
2. There is and shall be a..'l a~~1 e1o::: to the !ollo..'ing
clause as it appears in such lease:
WThat in the event LesS&e5 s~~ll elec~
at any time to mortgage a~~ en.:'l.Cber tbei:
leasehold interest. a~ ~e Lessees are not at
the time in default, Lessors =0 her~' cove~a~t
and agree that thei~ i:::te~e5t 1::: sa1~ P~~1ses
as Lessors shall be ar.d ~5 ~e=e~' hel{: ~c be
subordinate to ~~e ~e~ 0: su~~ =o=~ga;ee. a~~
it shall not be necesaa::' !c~ S~~~ ~"~t~a~ee
to receive a wr1tte~ subo~~~a~io~ 3g~e~~e~~
from the said Lessors."
The addition to such clause as ie a?p~a~.
s':.:=-~ lea~e ':"5
and shall be as follows:
"In orde~ to =U:~~e= ass~e a~~ prc~ec~
any leasehold mortga;ee, S~~ :ea5e:.ol~ ~c=~ga;ee
shall r~ve the foll~i~; =~;~~s:
A. The =1gh,: ':0 =eq-.;es,: a:--.=. =e.:ei',e f=x:
Lessors a -~i':':e~ =e=':.:..:.:..=a':i~~ as to
the cur=e~,: s~a,:~ == ~~e lease'
b. The rightt:c .-r1tte~. ::;:t:.ce of a::y
default by Lessees ~~ ~~e ?e:=o~r.ce
of any of ~~e1= ~l~;a=~~~s ~J~er ~~e
lease. a~d~e =~;h~ to c~e a~
mortgagee's CC3~ a~y S~:h ce=aul~
within six~y ~ays 0: ~~e =e=eip= 0:
such ~ot1ce, a~~ ~o ~e ~~e=ea:~e=
subrogated ~c ~~e =~;~~S c= ~ss~=s
therein;
c. ParAOO~~~ =~;~~S ~~ ~~e P=ocee~s ~:
fire 1nsu:a~~e ~= ~~ ~~~ pa=~ :: a
cond~.a-t.::.o:'l a...-a=~ ...~.:.c~ ::.aj." ~e
attrib~table =~ =~e b~~l=~~= ~- ~~e
leased pre=iS23.
d. If the lease ~ ~e~::a~ed because o!
any default O~ ~~e par: C: Lesseez.
2:17
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the right, after it has made Lessors
whole for any prior losses, to a new
lease, having terms i~entical to the
old lease for the unexpired term
thereof, in consideration of
mortgagee's covenants to perform
all future obligations under such
lease. .
LAssors acknowledge that such lease, as llIIlended is valid and
in full force and effect and for such purpose Lessors hereby
grant. lease and let to Lessees all of Lessors' interest in
the above-described lands upon the same terms, conditions and
provisions as are contained in such lease as mended hereby,
and for such purpose the rights of dower and/or homestead in
said lands are hereby released.
This Amendment of Lease shall be binding upon and inure
to the benefit of the parties hereto, their successors, personal
representatives and assigns.
EXECUTED the day and year first above set forth.
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, Witness
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Charles S. Sink
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Ann B.
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LESSORS
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. \ Kenneth li7 B. Mcfre
Witness
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Witness
Betty Moore
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LESSEES
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STAT.!: OP COLORADo
County of ~.t-v'-bU
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The foregoing Amendment of
me this /f!1],. day of {')t>717...,
and Ann B. Sink.
Lease was acknowledged before
. 1960, by Charles S. Sink
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WITNESS my hand and Offyrl seal.
My canmission exp1r~ 'tC^'C"-'i 1:Z I If!.]
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~I Notary Public
STATE OF COLORADO
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County of /.;' '7/...:
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The_f~!fgOing Ame~nt of
me this -~:'" day of (fir T....f,:, ,
Moore and Betty Moore.
Lease was acknowledged before
, 1960, by Kenneth N. C. B.
WITNESS my hand and official seal.
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My commission expires:
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ASPEN/PITKIN PLANNING OFf/' -
130 South Galena St,eet
Aspen, Colorado 81611
(303) 925.2020
LAND USE APPLICATION FEES
City
00113 63721 ' 47331 ' 52100 GMP/CONCEPTUAL
63722 . 47332 ' 52100 GMP/PRELlMINARY
63723 ' 47333 ' 52100 GMP/FINAL
63724 ' 47341 ' 52100 SUB/CONCEPTUAL
63725 ' 47342 ' 52100 SUB/PRELIMINARY
63726 ' 47343 ' 52100 SUB/FINAL
63727 ' 47350 ' 52100 EXCEPT/EXEMPTION
63728 ' 47350 ' 52100 REZONING
63729 ' 47360 ' 52100 SPECIAL REVIEW
SUB,TOTAL
County
00113 63711 ' 47331 ' 52200 GMP/GENERAL
63712 ' 47332 ' 52200 GMP/OETAILED
63713 ' 47333 ' 522UO GMP/FINAL
63714 - 47341 ' 52200 SUB/GENERAL
63715 ' 47342 ' 52200 SUBIOETAILEO
63716 ' 47343 ' 52200 SUB/FlrJAL
63717 ' 47350 ' 52200 SPECIAL REVIEW
63718 ' 47350 ' 52200 REZON'NG
63719 ' 47360 ' 52200 SPECIAL APPROVAL
SUB,TOTAL
PLANNING OFFICE SALES
00113 63061 ,09000 ,52200 COUNTY CODE
63063 ' 09000 ,52200 ALMANAC
63062 ' 09000 ,00000 GMP
63066 ' 09000 ,00000 COPY FEES
63069 ' 09000 OTHER
SUB,TOTAL
TOTAL
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Check No. ') 7 J;
~dditional Billing:
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rOJect: E~~/T' -:', 'i\'ILC,:~"; 1;:-
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Date: (, -.'"0. - ,Y 3
No. of Hours: