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Home My WebLink Aboutcoa.lu.ex.Tipple Woods-Lot4.46-83Tipple Woods, Lot 4 ASPEN/PITKIN PLANNING OFF►' 130 South Galena Street. ` Aspen, Colorado 81611 (303) 925-2020 LAND USE APPLICATION FEES City 00113 - 63721 47331 52100 GMP/CONCEPTUAL 63722 47332 52100 GMP/PRELIMINARY 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 . no SUB -TOTAL (xyy County 00113 63711 • 47331 - 52200 GMP/GENERAL 63712 47332 52200 GMP/DETAILED 63713 - 47333 52200 GMP/FINAL 63714 47341 - 52200 SUB/GENERAL 63715 47342 • 52200 SUB/DETAILED 63716 47343 52200 SUB/FINAL 63717 47350 52200 SPECIAL- REVIEW 63718 47350 52200 REZONING 63719 47360 52200 SPECIAL APPROVAL SUB -TOTAL PLANNING OFFICE SALES 00113 - 63061 09000 - 52200 COUNTY CODE 63063 09000 - 52200 ALMANAC 63062 09000 00000 GMP 63066 09000 00000 COPY FEES 63069 09000 OTHER Name: ' Address: SUB -TOTAL TOTAL Phone: Project: i heck No. Date: - 4dditional Billing: No. of Hours: • L:] z CASELOAD SUMMARY SHEET City of Aspen No. -313 Staff: A"-Z,ZZp_— PROJECT NAME: & Q Ve6 AO� APPLICANT: Phone: REPRESENTATIVE: Phone: TYPE OF APPLICATION: (Fee) I. GMP/SUBDIVISION/PUD (4 step) 1. Conceptual Submission ($1,840) 2. Preliminary Plat ($1,120) 3. Final Plat ($ 560) II. SUBDIVISION/PUD (4 step) 1. Conceptual Submission ($1,290) 2. Preliminary Plat ($ 830) 3. Final Plat ($ 560) III.EXCEPTION/EXEMPTION/REZONING (2 step) ($1,010) IV. SPECIAL REVIEW (1 step) ($ 465) 1. Special Review 2. Use Determination 3. Conditional Use ?ram REFERRALS: Date Referred: JAttorney Engineering Dept. Housing { Water City Electric FINAL ROUTING: ✓ Attorney Building r Sanitation District Mountain Bell Parks Holy Cross Electric Fire Marshall/Building Dept. Engineering Other Date Routed: School District Rocky Mtn. Nat.Gas State Hgwy. Dept. Fire Chief Other DISPOSITION: CITY P&Z REVIEW: CITY COUNCIL REVIEW:qiSr�r'� Qyl J C t`,, - n- i ✓� C� Su k �( t v 4 t `<. 4", i i �tl Y q z. Cl. 11 ..:..• wl'4 `101 /0 C �� n _.f(&%' fr:_i�o...f.yv'� �L",,. . -t - C.A-c.�_ r tr l I e �r 1r OS� ry'r '� u"'LA G40IdVj di nance Tf (j.'IT S IA.t� � P C. (_ ..� � �-�1� lam► � 1. �j'I� f� Y J I t �l CITY P&Z REVIEW: 1.111, vo —. CITY COUNCIL REVIEW: r Ordinance No. I . a w 460,,),i,�143 2 5* 7- 3 1 2 STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS FOR THE PURPOSE OF RE -SUBDIVISION OF LOT 4, TIPPLE WOODS SUB -DIVISION LORETTA BANNER WITHIN THE CITY OF ASPEN INTO SEPARATE PARCELS PITKIN CTY. RECORDER IN RECOGNITION OF A HISTORIC "DEFACTO" SUBDIVISION FEB 14 2 is PM `84 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 jE'L 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. • I* aoov, 460 FI.A,r045 STATE OF ) COUNTY OF Pam-*- ) The for oing instrument wa �— day of , 198j, Witness my hand and official acknowledged before me. -this by Stirling A. Colga'te.., . seal. My commission expires: y 715j Notary Public A d dFrp„s s : s AAo-- STATE O;RFPI-I?� ) COUNTY ) The fo e oing instrument wa acknowledged before me this -day of , 198 by Rosie W. Colgate. Witness my hand and official seal. My commission expires: / J Notary Public 50, ress• S ACKNOWLEDGED AND ACCEPTED BY q,4 . 40 George G. Anderman J an E. Anderman STATE OF COLORADO ) ) ss. 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. My commission expires: July 31, 1985 Notary Public Address: 1776 Lincoln Street #50d Denver, Colorado 80203 -3- BOOK 460 FA,-946 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. My commission expires: Notary Public Address: 1776 Lincoln Street #500 Denver, Colorado AC NO LEDG A D ACCEP BY 1 0 '�2/ C.W. Robinson, Jr. as Pr6stee 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. STATE OF COLORADO ) ) ss. COUNTY OF DENVTER ) The foregoing instrument was acknowledged before me this 13thday 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 v2 )01, Not I ry Public Address: 1776 Lincoln Street, #500 Denver Colorado 80203 -4- 0 • 0 0 gook 460 PAGE944 WHEREAS, the City Council, at its meeting on September 26, 1983 confirmed that the proposed subdivision is within the requirements of Section 20-19(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 Planning Office as herein described. DONE this Y day of , 198�, by the Aspen City Coun- cil ATTES'Fs+,+_ % WILLIAM STIRLING, Mayor 11-4 KATH "S. KOCH, City Clerk AS T - FORM : PAUL J. TADEJUNE, City Attorney STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing rument was duly acknowledged before me this day of L;._ (' ., 198�, by WILLIAM STIRLING and KATHRYN S. KOCH, rsonally known to me to be Mayor and City Clerk of the Ci y of Aspen, Colorado, respectively. Vi�tRess my hand and official seal. q�orhmission expires: plc Q , Notary Public Address ACKNOWLEDGED AND ACCEPTED BY "1 4"'4 // - 1�"& S • r 1 ing , Colg� tt Rosie W. Colgate -2- 0 • MEMORANDUM TO: Aspen City Council FROM: Colette Penne, Planning Office RE: Lot 4, Tipple Woods Subdivision - Subdivision Exception DATE: September 26, 1983 APPROVED AS TO FORM: Zoning: L-2 Applicant's Request: To legitimize through subdivision the existence of two lots on this parcel which are presently subject to a 1a0-year lease. Planning Office Review: The Engineering Department points out that Section 20-17(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). 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 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, this position may have negative planning impacts. The Tipple Woods area is dense, has access and fire protection problems and the structures (and possibly the uses) are non -conforming. In the past, the City has taken the position long-term lease (10-30 years, or more) is a division. However, there are Colorado cases Littleton, 390 P.2d 471, 1964) that indicate lease can be a complete disposition. that a sub - (Centennial v. that no 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 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." The Planning Office has done a site visit and does not feel that these structures in this configuration 0 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: 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. 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. w • • 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 Total Area for Lot 4, Tipple Woods Subdivision. 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. 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. 4a 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 non -conforming (access, setbacks, yard widths) and certain of the realty trans- 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) . 7tc 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 Cfr indicate that no lease 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, 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, 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 supportab3e posi- tion that the City's planning objectives outweigh1the benefits in clearing the title. The City could then reject the subdivision exception, #/-jol�77years 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. GSE/mc 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 2 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 2 of the Lot. The Moore's leased back 2 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 %z 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 20-19(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: §20-10 Conceptual Presentation §20-11 Preliminary Plat - Procedures §20-12 Preliminary Plat - Contents §20-13 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 §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 -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. HOLLAND ART By mar ara K. Pdrvis -3- File No. A83-212 OWNERSHIP AND ENCUMBRANCE CERTIFICATE ASPEN TITLE COMPANY, LTD. HEREBY CERTIFIES from a search of the books in this office that the owner 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 AND ROSIE WJ. 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. AU ORIZED SIGNATURE Fee: $100.00 B;,,F?IBIT "A" '0 9 PROPERTY OWNERS 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 -- William Joseph Yarbrough #1001 1010 Wilder Avenue Honolulu, Hawaii 96822 ANTHONY ACRES LOTS 1,2,3 - Hans B. Cantrup P. 0. 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. 0. 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 WHEREAS, the Tipple Woods Subdivision located in the Nlq - Section 18, Township 10 South, l:ange 84 West, 6th P. M., Pitkin County, Colorado, recorded as Docui,ient ITo. 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 owners, :Kenneth N. C. *B. Moore and Betty Moore, • 1JI1EREAS, such plat has boen approved by. the Pitkin County Planning Coph-nission and accepted for filing by the Board of County Commissioners, , WHEI:EAS, the approval of the City Council for the City of Aspen is required by Statute, i NOW, TBEREFORE, BE IT RESOLVED: 1-. That• the plat of the Tipple Woods Subdivision located in the NWI<, Section 18, Township 10 SOutt), Range 84 West, Gth P. PI., Pitkin County, Colorado, has been recorded as Document No. 107790, in Ditch Book 2A, Page 250 of the records for Pitt;in County and is hereby accepted and approved by the City Council for the City of Aspen. Dated this day of June, 195.9.E L MAYOR ATTEST: CITY CLERK EXHIBIT "B" 13 4U-P Es W R � g18 U, m 0 to O �o 1L,:5+ Uy ZIk o� s'° EXHIBIT C 0 0 O r` y 0 M O to /XN 2 ex--(2 E c N 74o 3O' W 60.00 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 z 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 20-19(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 §20-11 Preliminary Plat - Procedures §20-12 Preliminary Plat - Contents §20-13 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 §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 -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. HOLLAND & HART B y v� arbara K. Purvis -3- E • File No. A83-212 OWNERSHIP AND ENCUMBRANCE CERTIFICATE ASPEN TITLE COMPANY, LTD. HEREBY CERTIFIES from a search of the books in this office that the owner 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 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, 1.983 at 8:00 AM ASPEN TITLE COMPANY, LTD. IZED SIGNATURE Fee: $100.00 ';MIDIT "A" 9 y-,Y'k.. t..r n+.; o.L,.t:c',.,«ti,. 'v'+r �:,h.•v,..wy ... ,, ;. F _..<y- -�r.:1:7 �(" j� - .1-':�,:, '�a� ?e,-� PROPERTY OWNERS 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 Bills, California 90210 LOT 5 - William Joseph Yarbrough #1001 1010 Wilder Avenue Honolulu, Hawaii 96822 ANTHONY ACRES LOTS 1,2,3 - Bans B. Cantrup P. 0. 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. 0. 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 WHEREAS, the Tipple Woods Subdivision located in the NW ;, Scc f:ion. 18, Township 10 South, Range 84 West, 6tb P. M. , Pitkin County, Color -ado, 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 owners, .Kenneth LT. C. B. Moore and Betty Moore, WHEREAS, such plat has been approved by. the Pit' -in County Planning Commission and accepted for filing by the Board of County Commissioners, , MEREAS, the approval of the City Council for the City of Aspen is -required by Statute, NOW, THEREFORE, BE IT RESOLVED: 1-. That, the plat of the Tipple Woods Subdivision located in the MV'W , Section 183 Township 10 South, Range 84 West, 6th P. 1. Pitkin County, Colorado, has been recorded as Document No. 107795, 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. Dated this day of June, 1959.E �. �. MAYOR ATTLST: �( c � —� CITI' EXHIBIT 'T C.-IF �' Rz,Op' S\5\ i t: G� RE�'7P 55:v 4y \ t \ \\ \ 10 \ ON \ Q' 04 EXHIBIT C Pi �0 N 74.30 µ1 60.00 ft HOLLAND & HART DENVER OFFICE WASHINGTON, D. C.OFFICE SUITE 2900 ATTORNEYS AT LAW SUITE 1200 555 SEVENTEENTH STREET 1875 EYE STREET, N. W. DENVER,COLORADO 80202 600 EAST MAIN STREET WASHINGTON, D. C.20006 TELEPHONE (303) 575-8000 TELEPHONE(202) 466-7340 TELECOPIER (303) 575-8261 ASPEN, COLORADO 81611 TELECOPIER (202) 466-7354 TELEPHONE (303) 925.3476 MONTANA OFFICE WYOMING OFFICE SUITE 1400 SUITE 500 175 NORTH 27TH STREET 2020 CAREY AVENUE BI LLI NGS, MONTANA S9101 CHEYENNE,WYOMING 82001 TELEPHONE (406) 252-2166 TELEPHONE (307) 632-2160 TELECOPIER (406) 252-1669 TELECOPIER (307) 778-8175 June 21, 1983 BARBARA K. PURVIS S. E.DENVER OFFICE (303) 925-3476 BUILDING 5-SUI7E 4002 5555 DTC PARKWAY ENGLEWOOD, COLORADO 80111 TELEPHONE (303) 575-8350 Ms. Colette Penne City Planner City of Aspen 130 South Galena Street Aspen, Colorado 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. • • 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, Barbara K. Purvis for Holland & Hart BKP/pal Enclosures cc: Mr. Gary Esary 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 Total Area for Lot 4, Tipple Woods Subdivision. 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. _0 LOT 4. TIPPLE "WOODS S` BDlYlSl0lN 0 v w 0 M 0 0 10 20 40 60 SCALE: 1" = 20' N74°30'W 60 0 J t Uht liH I l.n I-V -J i I i x 1 � � I � v m 0 • • MEMORANDUM TO: Colette Penne, Planning Office FROM: Jay Hammond, Engineering Department _. '� 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 20-17(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, JH/co t1 l j S _P 44 1983 1 Pt PoG" co Li 0 1 0 14. CITY OF ASPEN 130uth galena street asprn, colorado 81611 303-925-2020 MEMORANDUM DATE: August 31, 1983 TO: Colette Penne FROM: Gary Esary elc' 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 �. �; �. 1983 �► PEN � pt�lt� GO rNN1isG 0 • • 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. HOLLAND & HART DENVER OFFICE WASHINGTON, D. C.OFFICE SUITE 2900 ATTORNEYS AT LAW SUITE 1200 555 SEVENTEENTH STREET 1875 EYE STREET, N. W. DENVER, COLORADO 80202 600 EAST MAIN STREET WASHINGTON,D. C.20006 TELEPHONE(303) 575-8000 TELEPHONE(202) 466-7340 TELECOPIER (303) 575-8261 ASPEN, COLORADO 81611 TELECOPIER (202) 466-7354 TELEPHONE (303) 925-3476 MONTANA OFFICE WYOMING OFFICE SUITE 1400 SUITE 500 175 NORTH 27TH STREET 2020 CAREY AVENUE BILLINGS, MONTANA 59101 CHEYENNE,WYOMING 82001 TELEPHONE (406) 252-2166 TELEPHONE (307) 632-2160 TELECOPIER (406) 252-1669 TELECOPIER (307) 778-8175 BARBARA K. PURVIS S. E. DENVER OFFICE (303) 925-3476 BUILDING 5-SUITE 4002 July 20, 1983 5555 DTC PARKWAY ENGLEWOOD, COLORADO 80111 TELEPHONE (303) 575-8350 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 Street Aspen, Colorado 81611 ASYt)'4rJ1N0 OFFICE 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 0 HOLLAND &HART 40 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. Very truly yours, Barbara K. Purvis for Holland & Hart BKP/k cc: Dr. and Mrs. Stirling Colgate Ms. Suzanne Weakley Mr. Mel Martin L i 0 July 111, 1983 Barbara R. Purvis, Esq. Holland & Dart 6UU East Pain Street Aspen, Coloraao 01611 Re: '.ripple f400ds Subdivision Exception Application of June 11, 1983 Bear 11s. Purvis: This letter is to confirm the substance of our telepr:one conversa- tion last week in the referenced matter. In that conversation, I informed you that it was =ny opinion that your application was not a proper subject for expedited review (Ordinanc(- 16-1963) because of unanswered questions in the long and torturous land use history of the subject lot; specifically, the lack of clear record concerning the annexation, the enact chronology of the original subdivision, annexation and various leases and deeds, and the previous suodivision "exemption" appli- cation riled on the property. In Y:iy opinion, a full two-step review would ;-)e necessary to pro- perly research, present and consider these issues and probably others that mould arize in the process. You indicated that the applicant might be able to supply soiue of the answers tc, the questions raised and asked for the application to be held for a snort time as an expedited review matter, pending further research. I will keen working on the annexation questions front this end and I understand that you will get back to me with additional research to see it toe application can indeed be processed by expedited review. Very truly yours, Oary S. Esary Assistant City :attorney GSE/roc cc: Alan t;iclirzan/ Kathryn Koch HOLLAND & HART DENVER OFFICE WASHINGTON, D. C.OFFICE SUITE 2900 ATTORNEYS AT LAW SUITE 1200 555 SEVENTEENTH STREET 1875 EYE STREET, N. W. DENVER,COLORADO 80202 600 EAST MAIN STREET WASHINGTON, D. C.20006 TELEPHONE (303) 575-8000 TELEPHONE(202) 466-7340 TELECOPIER (303) 575-8261 ASPEN, COLORADO 81611 TELECOPIER (202) 466-7354 TELEPHONE (303) 925-3476 MONTANA OFFICE WYOMING OFFICE SUITE 1400 SUITE 500 175 NORTH 27TH STREET 2020 CAREY AVENUE BILLINGS, MONTANA 59t01 CHEYENNE,WYOMING 82001 TELEPHONE (406) 252-2166 TELEPHONE (307) 632-2160 TELECOPIER (406) 252-1669 June 21, 1983 TELECOPIER (307) 778-8175 BARBARA K. PURVIS S.E.DENVER OFFICE (303) 925-3476 BUILDING 5-SUITE 4002 5555 DTC PARKWAY ENGLEWOOD, COLORADO 80111 TELEPHONE (303) 575-8350 Ms. Colette Penne City Planner City of Aspen 130 South Galena Street Aspen, Colorado 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. 9 • 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, 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 TELECO PIER (303) 575-8261 MONTANA OFFICE SUITE 1400 17S NORTH 27TH STREET BILLINGS, MONTANA 59101 TELEPHONE (406) 252.2166 TELECOPIER (406) 252-1669 BARBARA K. PURVIS (303) 925-3476 HAND DELIVERED HOLLAND & HART ATTORNEYS AT LAW 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 600 EAST MAIN STREET ASPEN, COLORADO 81611 TELEPHONE (303) 925-3476 April 27, 1983 Re: Lot 4, Tipple Woods Subdivision Dear Gary and Colette: WASHINGTON, D.C. OFFICE SUITE 1200 1875 EYE STREET, N. W. WASHINGTON, D. C.20006 TELEPHONE (202) 466-7340 TELECOPIER (202) 466-7354 WYOMING OFFICE SUITE 500 2020 CAREY AVENUE CHEYENNE, WYOMING 82001 TELEPHONE (307) 632-2160 TELECOPIER (307) 778-8175 S. E. DENVER OFFICE BUILDING 5-SUITE 4002 5555 DTC PARKWAY ENGLEWOOD, COLORADO 80111 TELEPHONE (303) 575-83SO 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 2 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'. HOLLAND & MART 0 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, Barbara K. Purvis for Holland & Hart BKP/pal enclosure cc: George Anderman Filed for rGsord the 20th day of Soptaas Reo*ptio 110250 g960 at 8:55 o'eloa]c AM vs. 99Y 14. Coble ;) Is:; LEASE THIS INDENTURE, Made this lot day of February, in the year If our Lord one thousand nine hundred and sixty, batw9en CAARLES S. SINK and A,'4N B. SINX, of the first part, hereinafter referred to as Lessors, and KENNETH N.C.B. MOORE and E rTTi MOilRB, of the second part, hereinafter referred to as Lessees, W I T N E S S E T H: In consideration of the sine of TEN DOLLARS as total pre- z payment of rental, paid by the Lessees to the Lessors, receipt of which is hereby confessed and acknowledged, and pursuant to the reservation of the right to lease a portion of Lot 4, Tipple Woods Subdivision, as described in that certain Deed dated January 29, 1960, in which the Lessees conveyed Lot 4, Tipple Woods Subdivision, to the Lessors, the Lessors do hereby lease to the Lessees the fol- lowing described lot or parcel of land situate in the County of Pitkin, State of Colorado: Commencing at the Northwest corner of Lot 4, Tipple Woods Subdivision according to the plat thereof recorded as Doc. No. 107798 in Ditch Book 2A at Page 250 of the records of Pitkin County; thence proceeding along the Northeastern boundary of said Lot 4 a distance of 87.08 feet to a point which shall become the Northeast corner of the reserved portipn; thence slaking a 90'(right angle) turn to the Southwest, and proceeding 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 81ong the West boundary of said Lot 4 to point of beginning, which reserved portion will contain a�pproximatelq 3792.25 square feet. for the term of asinine years from the first day of February, 1960. That Lessors cove"nt that they have goad title to the deaised premises, and that said preuises are free and clear of all . liens and encumbrances except taxes for 1930. payable in 19611, subdivision restrictions, eassssents of record as shown upon the Plat of said subdivision, mineral and paining rights as provided Ham` 584 -2- in Document No. 1063190, Book 134, 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 pay or discharge all taxes, assessments, penalties, charges, rates or liens of any nature whatsoever which may, during the term 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 owaership, by whatsoever authority levied, assessed, charged, imposed, claimed, and whether the same be on or against the property herein leased, its tmpro.erents, fixtures, or appurtenances, 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,,the 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 Coverrnnental laws, resolutions, or regulations 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 premises, 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 term; and Lessees do hereby M 585 -3- covenant and agree to hold the Lessors harmless of any claim or demand whatsoever, 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 terms 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 by a good and sufficient Warranty 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 County Commissioners for Pitkin County, or the Ordinances or Resoluations of a governmental successor to Pitkin County, and/or laws of t:�c. State of Colorado in force and effect as of the date Lessees make demand of Lessors for said conveyance; in the event said conveysn;:i, is made during the teen of this lease, the rental hereinabove receipted for by Lessors shall be accepted as payment in full for 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. 0 -4- Lessees covenant and agree thAt upon the expiration of the 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 heresy covenant and agree that their interest in said premises as Lessors shall be and is hereby held to be subordinate to the Lien of such mortgagee, and it shall not be necessary for such mortgagee to receive a written 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 14ITNESS WHERE0F, the parties hereto have hereunto ser, their hands and seals this _let day of February 1960• SEAL) � SEAL) (SEAL) •'f i ,•, -� (SEAL) STATE 0? C0U3RAD0 ) COUNTY OF PITKIN 3 as, Th• foregoing Leases 8cknowledged before �Q this 1st day of February, 1960by rLNNSTH Fi.C.B. i3 O RZ , his Ist d SINX and ANN B. , BETTY 1O� Z S. t ""t WITNESS ny hand and official seal. My cowmiasfon expires Feb * ary 11, 1963. r' ,, a , 1 •r.. __% 1.t ke i . . c o tart' . c JSC 0 Filed for rocomoto'4er 23 1930 er Reception P1o. 110434 s t 10:20 ,. ec Psi g, Coble, Recorder R Qp r.W2 THIS A,�IFN OP LEASE, made and entered into this 14th day of October, 1960, by and between CHARM S. SINd and ANN B. SINS(, herein called Lessors, and KSNNETH N. C. B. MOOR" and BETTY MOORS, herein called Lessees, W I T N E S S E T H, WREREAS, lessors and lessees each own interests under and subject to a certain Lease dated February 1, 1960, cover- ing 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; Lot 4 Commencing at the Nor`_hwest corner of Plat thereof recorde Tipple Woods Subdivision according to the d 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 900 (right angle) turn to the Southwest, and proceeding 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 Lot 4 to a point of said of beginning, which reserved feet, portion will contain approximately 3792.25 square such Lease having been recorded in B—k 191 at page 583 of the records of such county, and lessors and lessees now desire to amend such provisions of such lease, NOW, THEREFORE, in consideration Of the premises and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledg,,d, and for the Purpose of amending such Lease as originally executed, it is now hereby agreed, notwithstanding a , to �---'� the contrary in such Lease as originally executes th t. 1. The term of such lease is and shall be a term of two hundred (200) years from the Ist of pebruary, 1960. 2. There is and shall be an add.tio- to the following clause as it appears in such lease: "That in the event Lessees shall elect at any time to mortgage a-w enc=_,.,er their leasehold interest, a the Lessees are not at the time in default, Lessors do herebl and agree that ,- cc�enant their Ceres sat' Premises as Lessors shall be any -e in ` r- subordinate to the Lien i_' . re _ ^e�;: tc b.e it shall not be necessary =O-t"a=ee. a-..' to receive a written s y _ -za ee from the said Lessors. y-matt`.• ee�e The addition to such clause as it a?pears _• suzh lease is and shall be as follows: -In order to --u_ t_her ass. re an:; prcte, t any leasehold mortgagee, szch leasehcl emcee shall have the fol, .� -ng rights: a. Tt•.e right -c rer•.:est anz receive =rx- Lessors a written cer-at' ' t .X --^- as tc the current scat.,, t=,e-.ease b. The hbyjessees _---� ee �_� -• de -fault of any o- their -a"ce lease, and the r' *„ `t tc -s „er _ e ^r_--e at mortgagee's ccs- and�e:a�:- within sixty gals - such - , the recejp_ o_ ^.otice, an„ to be thereat ter subrOgated -c he_`-s :.,esscrs therein, c . paramount rights -=g••-s in the praceecs = fire insurance or in th2t - condom -ration aware a cal bec- attrib•__able tc -e 1,. zn he leased pre-,seq. ----- _ ` d. Is the lease be ::ow -ate` because o: any default on the par_ zf Lease ec • ;.11i6 the right, after it has made Lessors Whole for any prior losses, to a now lease, having terms identical to the old lease for the unexpired term thereof, in consideration of mortgagee's covenants to perform all future obligations under such lease." Lessors acknowledge that such lease, as amended 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. i Witness Witness t . Witness Witness t \t�IL t_ Charles S. Sink j � t Ann B. Sink LESSORS Kenneth N. B. Mc�Ora Betty Moore LESSEES 9 . 0 `19 STATZ OF COLORRADO ) County of 11 , c , ) as Ths Aforegoing Amendment of Lease was acknowledged before me this � day of _42[�i�Z and Ann B. Sink. 1960, by Charles S. Sink o` t t G 1 jlF? WITNESS my hand and offi 0 1 seal. My commission expir s l ,•«4 / •z • Notary Public STATE OF COLORADO ) ss. County of _f ) The foregoing Amendment of Lease was acknowledged before me this -, ` day of / ! 7'' , 1960, by Kenneth N. C. B. Moore and Betty Moore. WITNESS my hand and official seal. MY commission expires: l /i Notary Public r