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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 -L i. ~~;kd ~e(/f~C miJ 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 -. DISPOSITION: CITY P&Z REVIEW: i'_(,: I " , , - c. ;/., f")-f \ I I: I I ,," /IJ , , - , .:, CITY COUNCIL REVIEW: 6'" I "lilJ;si(J//\ U"Q k\~ \:.~,\ '.c;' , , to Q y" J(';. \ (0 \. . I, . (\ I' ....::.) ! j' _ I \j ~ -.: j /'-..J l-0 '1'1 > "1 :,'..0------ , ,. 'lV-, '\ ','J . ,,\.. \ ',. 1.\" . , . i. i CITY COUNCIL REVIEW: 1 Ordinance No. ",." 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. ,-. --- BOOM 460 PAGE945 71~~ STATE OF ~ ) .?"\A.- @~oj....,S. COUNTY OF PI'i'I{Ill ) The fOr~Oing instrument waR acknowledged ~ day of _ __________ ' 198T, by Stirling - tf' Witness my hand and official seal. My commission expires: ~~V ~ before me"this A. Colga-te.. " .:' 'j\ ,., IJ / .::) ; " .(!.J"" ')'.\ /' " Q V ~~ . .,"'/;". , 0;~~ STATE OF ~:~cp: .J....'".,;. COUNTY ~~-~ ) A~~:/~~~_ 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 ._.~. .10 ~.,~ George G. Anderman -.. ~~A~ 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. 14y commission expires: July 31, 1985 , ..... " , ~-'r .~/;1~ Notary Public ro n '., v;' c~\\.~ "/", . _.-:r'~-->- . . : "', A"I::'_,-'; , . . . ~...... ":-.r:'1 ...... " . > '...,.- 1776 Lincoln Street #500 [ Denver, Colorado 80203 Address: -3- - -- 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. '. ,,0) ';;J """-" ..l...........:..,( . , , My commission expires: :.,' .... on ','" "',.. ~ \ ,t; /,:/ ", ~;- ~?f ,~;..Q.#-ho.J Notary Public .' . .',...;~~Tjl\:" ", ) I .,....--.' 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 ,'<}..-.. ,I"~ ~ft'\Q "OJ ' Not1ry Public Address: 1776 Lincoln Street, #500 Denver. Colorado 80203 $~:f1A., " '. -,.1 .. :.<~:~'::...__. 'h. i.....{~~~i\P~ -:- _....#~!;~~_l~o> ',3 '~t~f.lJ 0.6'- C- .' , ~~ .~tlt4k~~;.' . .- '" .1',...~i,.~~:~.. ..' ,~ ".~ -4- ~ 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 " herein described. day of ~'~~ 198'!, by the Aspen City Coun- ~R~~ Planning Office as DONE this /-<-/ cil. I 'I I' . ATTES'I'c.,~_ FORM: 6. .L--.... , City --.. 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: -, .....-.~ "'1/1--' , ",01, ~ ,A U {]\ \v 1" I. ' (~, "t ~ , , f ACKNOWLEDGED AND ACCEPTED BY -2- 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. 2(')() 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 - ff"'~ 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." ./ The Planning Office has done a site visit and does not feel that these structures in this configuration ",--.... ", 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. ,...... " ."e......... 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. .p'~ /"" \",/ ,...-.'.... 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- ,... \....- ~.~', / 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 ,..... \../ "".... 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. GSE/mc ,....... /""'" ..... ;IT "'.,,tI' 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 r-- ~..'....... ....",./ ....,,; 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 -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. By ./"-1 -3- .r...., "'~ '- 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. ei-?-t~ ~~ AUTHORIZED SIGNATURE / / Fee: $100.00 " L~~HIBIT '~A II _inft~_' ~ ,', 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 /(. /((b- ~- /U,c;--.--- (/ HAYOR ATTEST: . ,e ,f6t((,(.9:.77 ~>~r , ,CITY CLERK Dated this ~Ji /0 ""'day of EXHIBIT "B" 1l''' -- " . / / -...: v ~ V,>, ~ ~/l'- }- ~ ('~~ 6> '-':: "'>. ('oj, 06> ~}-~- ~ ~<:>~ ~\~~~\\ S'D131: If! ,;, '" o <:} .,. !!l . w -0 '" o '" Z ~JZ_!',.c.tS' ~;,--t ,~ 'lpl'S\ \.? _.... ",eN' , ?-,<-'(Y'. fO\Y'.l.O. \-.'5. ~\5w o o o '" ? o '" o ~ III ... c>-f' ~.::.e"''?-- ~'C..'"\.. _",:=J\S\ \..-_c:.> ... . , i ~ lIi.:5~ . ) n :n 0{ ;0 '" <0 o '" !!J kif 1;0 Oil? "- ,;fa :>1- ria:: 04" -../ ff f: ' I- EXHIBIT C , t , < t. DO\"-'<- €:i \....c: '~..~ ~ ~"o' ~:2il~~~6~i~;~~~p~~,., N 74030'W 60.00 , . , ......... ,..., /,,-..,.~ ......j. 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 .. n L .,.1""', 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. ._~-"--"~_._._".~~-----" , ' " ) 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 ~;i /0 ..--' day of . June" 1959':;1C~' . ' , ' lYf . , -' ,,' )1)- ,~ // ~._ ~ '0 I;: W. l~ P-b,cr-------- v ~iAYOR Aspen. , ATTEST: I t6t ((( .~J? . . (r.d .".,-- " <--';1, ~/ / ' CITY CLERK EXHIBIT lOB" 1l" .. . / / !!! ~ o o .. !!! w o '" o !!! z .o"? ~l<-~ ~:'( "~~ ,/-0\"'\ ~ \.-.S. f'.t,u-f' f00""O' 't~,e,W ~ ",J'O~ Q<f -l~V& 'I-"{ VQ." u-f> ;:.e.)o-.~ ~ ?~'""i:". fL .- =>,S\ \..-.S>. t; 1 , i ( " ~ ~.--'- -----..-. 14-'5:':: "- o <Jl <ii ( III '" '" o '" !!J -k8- Cio ()l!' -It; if/- {l!: o 1J.0( EXHIBIT C i l f t ~ ~ I"~ 'v>> ~. ,.,.... . ' ~ ~~ \'t>--. ' ;, ~",O" ,-,?'" , N 74030'W 60~OO ." '-,-"-,/" '\\] ~\?? IV,\\, S'01Y\I. , o o o r- :;: o '" o !!! (J) ..c~ s'" ' \. ~". . . _:. _,>c' ~ . ,. ~,. '~"'''', 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""'. '-' "...... - 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 -, ~ '- / 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. , , -' -- LOT 4. TIPPLE WOODS SUBDIVISION o 10 ~fiiil'wwA n J 20 L SCALE' i" = 20' 3792,25 SQ, FT. w '0 '" o U) Z U) co o '" N74030'W 60'0 40 r!l~ , 60 ~--[ .1iI-lf'HI~ () o I'- ;;: o '" o U) (f) H -1~4 SHtt-,'- ~ G- MA.TCIi _,l~~ _ " .. bED ,t,~~_, _ '\ ( \ , --l ' , 'UJ ' 1 " 'b ! \ '. \, .. / ' \ ~ o \ f '::,-- I 1 )0( . ,-oj '(f) ;~ '-oJ ,"' "-- 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, JH/CO , ~-dt"~, ,~~ r."J. u "~.-.~,..,.,.,,~ v'lic...t. I " ,/ _::~J , , 'i 1 If 1()_,",-. t, I" ".'J eIT ree t 611 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 :IU::, . ~\\,. \\.~ c- h ~~. .--~ f~~\~- ~ "" \rtf" ~" ' ~~, './ 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 _-----; r::J~,~'ii\ ~ "u\l ~~~~ \ [:1 J ciL~\~L(-{., l;'-J_:.__,~J~ 1\, J<'r ' \ 'fit \\\\' J"L 'l 1, '\983J \ · \ \.. fJ_ '\.-.-oi ~ ~~ U _.________-/ I),.'--/-::'WJN CO, 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. ........ .~ '..... '-"'; 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 -". ,) 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 ,l' i t i, , r, , i v'.- , ' [ I I" " I I !' ,( ,",...,'"1 !'~-:4 " '~h1li'~ :;'~~' ~ T~ t':~Jj ~',~ !~; l: ! [. ~. l- '7 ;:,i~ ! ":1'. II . '. ! . :-~, , . :,:,i ~'" . i.' i"""," ~'. Piled tor 1'lIeor4 the 20th cia,. or SltJl'''~l960 a' 6rSS O'.look AMo./ R!oeptloP""'o. 110250 .~ B. Coble :j",) LIWII . 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.. ~, '~ WIT N E SSE T H: ~ ~ '. i r.: m c- o "-,0- " 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 . , 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:-:':::~?'~-~~~~._~-)~_; ~-~._--_._.- rc'",,;':c">"'Ti;~~;~':~<;~:'t:^~~.:C":';:""'''::, . ,";. .,. '.;.' "~'" " ~';1JHP>> ,'>"""r,"', O,:.",,""_,,~,..^ ''''''''__~,_~"."""",-~"~,,,,,,,,,,~,,..,,,,,,,~ ;:',.." 41 -";~- "'-:n~."-',::,,,\~,,,,,'" _ >~~_~,:_' ~'~_!'~)_'.;:~'~'?:'?:'!"__-'!.~!' :_,~l-;.:."'~_~ -~;-',~<~'~r'" "'\;'; ;,-~::.;.;.~~:". ,s....:.J..~:"..:;_,,,~.. -::~i:; 584/'" _ ~3 , i::~' f', r~' ;--' '. -2- 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. ;')85 --'r~ ,.,fg,', .-..- r~~ ".~: t~. . , 0' j - . f : ~ :' ' r--' l r ~, : , f , , I [ t, r r~ ~ ~ ~ '---'-- ...... ".. . ""m_~7:--'~~,:~~1:~';;;:.;i;~fiiJ;1P2t~~:~ii'jm:~".:,"'~;;.;;.r:..'0~:~;;;:ill~:~r;':;~:;;?::;:~~~T:~~:~.:'s~ 'k-'__ <-c. ~,.,....,~" .. ~ 1";:. ,__2'> J..A.~".." co;;;;, -, - -- .. ~ ;(&,1~.,;)<;, '. 586 : se~ their hands and seals this let day of February ,1960. \: -4- 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 l~ '" --~. ('r.., ~...., -' , , ) ( ',":;.J---.' ... (SEAL) Jy,~v,,)~ hl .".-:..(SEAL) /.' ' / ';< 1i. ':: - .. '-" (SEAL) . , ., ;.\_u.l.. ~ .', . ), '{..A.V-- (SEAL) STAlE OF OOWRADO ~ S8. 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. ," . :T'~'j '~'-"'''i'. '. ~. . ~ .,- .~( .~I';.+. ~L ~ -: :.:.... - \. !"i;:' . "~., 'I l \ ;~, :::-::.~:::l., . .~~': .:' If-.. '. " , .:.. \ . .;.-.... ;..' " 1968. -j /LV. i: 1(.,".(.1 r .;-L Notary l'Ubl1c ~. :e; -I, " ~"... "-0 .. . ! P11ed for ncO~t"'~28~ Recept:1on 110. 110484 . c_. 1960 at 10:20 A. .. Pam I. Col>la, Recorder ~ ~ LKASB 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 " 216 -- ,- , 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 > ,~' I,; . -_. 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. /)' .i , ;, ..--' /, , t <\(.("; -..j^/I.\t..... , Witness ;/ ,) / ..r...,./.,-" -:-It,/"!,, -...,. . ,j Witness r--, , ~ C~. C L.. S. Charles S. Sink ~.J .~~ ( .... .- \ '-IU, Ann B. ,\. Sink \ '., , . I \t I ~{ ( LESSORS " ' , ' k,.c,: \1.1~ ht 1-: J lj.. . \ Kenneth li7 B. Mcfre Witness " //" /<1/ Witness Betty Moore ./ / I I . . ,.1.,. " ( LESSEES ~, ,i\,; 21~ .. ~""""'''11''~''''-'. ....~,~."lI'._.,..,~,~-~"..:~..",.,.-?" -.- - ..- -"~",-_,,,,",,,,,,-=~r""'Zi"",'1~~;v;;;:,zZ:;''''!i;:D';::Z;~!E;ZJ2J;-;;;;t[;:,;1'Jil!;;7'"".;i,;?;L';'Li{,Lj';";;'\*'i,'i~ ,. " ." STAT.!: OP COLORADo County of ~.t-v'-bU ) ) 88. ) 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 ...."...... ',\\ T ;01//'.. ".." ,.,....../'-?'.", "'.. -... .. ... ~ ..":1 '... (\' " . )., . . ;\.. (",: .. :..: n'l ., \.. \ :,'t ;....:.~~;.~ ..~ ....~::..... .....ry"..". WITNESS my hand and Offyrl seal. My canmission exp1r~ 'tC^'C"-'i 1:Z I If!.] , (]I . " ,,; dz>cc; :;kD" ~I Notary Public STATE OF COLORADO , County of /.;' '7/...: ) ) ss. ) 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. ;7:? 1/ "'j' C , - - , My commission expires: ..... \. ..~ .......1.:: :.: ~ '.' l .. ".,.. , \" , , . ,~ ... ~ . . ~"::~ .. \ \ ,j' /Ji' " . , /r,i,o.,.;,_ ,,- ~ 7;'- ~ ,..- ., Notary Public , , " 21.9 !:; , I I , , I _!,~ I J, f ~ >; .;: " ,ij . 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 '" *05, 00 11-{, c: /~ J\ I/'-J, V U /--1' - -'?) ([\":1,I.,l.... Name: IHo\kl.l,o(\' H 1(( t- Address::-:,,! F ('/O:r (' [i_" T 'k"il.), Check No. ') 7 J; ~dditional Billing: <.1 .J ---- "z ':7 Phone: t 1'.:>(""} ,-_-'--.;/(,; . _ . P' 'f"1 ,,<, -- rOJect: E~~/T' -:', 'i\'ILC,:~"; 1;:- (-~;',l.' , t. ' 'I - SS~t.c k::.!. Date: (, -.'"0. - ,Y 3 No. of Hours: