HomeMy WebLinkAboutcoa.lu.ex.ARI - Lots M-O,Blk 58.1977
RC'9uLn- r>lC'(~LillrJ
^~;J>('n Ci1y council
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SUH))]VJ;;JOH l':>:J-:f'l1"l'lO:J - LiJl(llJ(~r
".~___ _n. _ _.~ . ___
f.h;. ~-;mitll told ('(J\I11Cj] th,d thi~; illvolvc':; ,tll ('Xi::r.lJlq dllJll(~}:, \'Jltit:h h:l~; b('cn l'C1r:'lrlc](,tl to
it 1.\";n--',;lory dUjJl(';-:. 'l'lF' r~n(li.l)('r.'rillq (,()IJC('nl~-, Ii.l'.'f' IH:CIl lr'~-;f)l'f('ll. ']'JI('J(' i~; il v,I':<I!('d Cily
~;Lr(:(\t un UII; pi opvrl:y It/lli,ch i!; ll::/'ll fUl p;llJ,lll'l. l' fv. Z rr'C()IIl!:ir~IH}('d dpprov.-t.l (>11 Ih'cr'lnlH'r
G <lnr.1 att.achc() tile ~;i}: 1lI011t!! mllllllllllO lease: rc:;lr:lcLion, (tllrl 1-l)l' ~JO (J,:IY riqhl oj f_i r~;L
Tr;fU~0] ~lncl J}~lYldr.'IlL or the pilrl: rl('(lic,lL_ion fc~(', '1'hj~; e;.:el:il)jio!l \~,jJ] COll1f'"und'..'l r)j"tlil1ill1cr'
I:~], conrlollliniul:llz,d:inn pulicy. 'l'hc' 1'1CiIln.illq officr' ,l;:;):cd the <1pplicdllt to pl-r,\'j,j\,
infurm,-lL.lnn r"Lltivc to cUlIIpJiancp wilh the: onl.illilllce. 'J'ld::; .1::; l'1I1itjl:C' i1::; it di,l 1101. T(;cc_iVt
p [, Z TC'COllIII\ClHli:ltl.on uncler. Lhilt ord:i nance.
Ms. Smith told Coullcil that tl1('n~ .\l'P currcnlly no t_CIl<:JnL~: ill the> bId Idin(j, f,O there Ciln
be nf) tel1ant di~;p);':l(;c'm('nt. 'rhe other comlJul"j~;on if; pr:icf' quic1clilH';:. Council lid'; noL
ildoptcc] ill1/,tllj I)(J sIJeri 1.:1 c C'xcept Child: Vidal' !,; Jl1clctC'l of 10'1: and modi r<.ll.:(~ incoIllC'f; _ 1 f
COllIlC,-iJ ilpplicd th(' pricin9 Tull' of thUr:lb, Uv' 1\l,J):imurn in lnj<1dJc in(,()I:-~l' for il ul\i t v.','Ju.ld
be: $7:J,OOfJ. i,h-:. Smjt:h cxpJ,dne'd that one of the unib; \'jj)J (~onLinuc to l>r: rented JClJl~J
term; the othc;)" h'_i 11 lJ(' sold ~lt ;\rollnd $100,000. Thi~; cloef; not cOlnpl.,.. \vith the' jlJ"lcc
g\1jrJeJine~-; rc'commC'ndcr) but not aclo]Jlc'c1. ns. SIIl:ith f;ti-lt:('d th,tt ba~;ccl on thc~ illrU:J~:<1t"io!:
Gideon }:i111flT\i\J) has qivcl"l, Council 'v1i11 find thi:-; i~ not in the plll:v:i{"..! of 10\'1 ,)lId J;';(,r1cl"aLe
income Jj~ll:S i 11'0.
Councilli"ll1 Vall l-lc~;s ltIovcd to iJpprovC' the subclivj fjion c>;emptioni seconded by COllnci 1 Ji:;I11
Parry. /',lJ in favor, motion carried.
Gideon }(Cll1f'rnan reminclcd CounciJ he had some ,-information on the formuL\ for prlrJ: r-;('dicd-
tion lee:.; ,1lld he \vantcd to (lddrc~;~; CounciJ on thi:r: point, lLlhoney c;iljC) he objc'ct('c-i lo
th i ~ b(,C:1U;~(! he shou 1 (..1 ha ve had ~:;OJTlC s ta f f till\(:; ~() Pr:Cp,l rc. 1'-1ailollc'y ~;Cl i tl he (Ii r! Jl{> L I'. nO'.-l
what tllr. i~;suc \<,'as. /'-1ayor Pro 'l'Cl11 Bchrcnc}t p(liJd~e(~ oul this ",','1~'; not J'cntiollC'c) to anyon0.
\vho pn,'p:J'[cs the a~JciHla. Yaufrl<:ln said he \\'oulrl like t(~ ~;lv')','.' t~hat thr; [on:lu].Cl du(.:; J;nL
work. )t greatly Jiscrimill~tps against older, smaller lots. N~w lots do not h~!v(l to [)a~'
such bi{.! pild~ cJodicilLion fces. t-l.:Jyor Pro 'reIn Behrendt :"aid this 5ho,11(1 lJe c1i[:cu;J~;C'd ..:hej,
the City Attorllcy and }'lanner ar~ present.
~t]_~Q_L~IL~;_l'Ol'J !::XEt'lP'~~.9!J ~ Peter Ko;.;s/AlU
!'-ls. Smith told CounciJ thi~:; is located on 1'-1ain stre(~t, the I-Ju99ct Loc19C a:ld AnI building.
'j'he are~l i~; O\vned by Peter }~oss (l!l{) he \\'ould like tu ~;cll H, Nand h.:df of 0 off to !\.)U.
'J'he :issues vlouJc1 be' 'vlhcther the improvements on lots t.l, N, ~}O comply \.liLh existinq zoninq,
III tprJI1~: of uses, ART ~ould be a ])crnlitted llse in tllP 0, office distl-irL. TI1R NLi(jyut
Lodge i~, i1 pn~~cxi5ling non-conful^lldnq use. 'J;hc lot size for Idn .i~; i-!dcquate. Th(. Fi\H i5:;
1:1. 'l'hcre is no park d(~dicution fee because' thi,,; is not rr.:sidcnlial or cor:;merci~\l.
Ms. Smith pointed out the NU9yel is a loc1~W ill the 0 di~;Lrict, and the onl'y' way to COl'li-,uLC
\\']}ether the' lot is sta.ndnrd s,-izc i~" to compore it to Lhe lodge cli~~trict. ']'he 10<11- JoLs
come to about J 3,000 sCJuare feel t1.ncl the floor ~;i:~(' of t!!C :'Juqqct. i~; J 3,000 f;qUClI{' fc.t~t,
so it me(~ts the loclqc ]"i\H of J.:1. The City cn~11n0('r has revie\>:C'd tho surv(~y a:ncl c<.'rli L,-ies
thut c\'C"rything i~3 illl right. E]li~,-; pointed out there :if_; il shed stluc.:t:l1rC cncn)~lc;~illCJ
upon the alley, Dut dwt it should he ullm,'cd to TCI;lain there U:ltiJ it jlltcrfcn'~.; \,.'itll
public use of the olley. There is a qucst.ion about tht' pnyment of the v.:ater tap f (~('.
\'illen t110 lie',.: builc1,-inq v.'ClS put there, the \';a.tf'r dej'Clrtl\lC'nt l-l'CjllC'stcd il. 11\;\\' lap ic'c. 'l'hjs
has been c1isput_cd. P f,- Z dill not t.hink this CjUC'stiOll \\'a~_; \,:ithin t_hcir pUl"vie'".'. ;L:llh)IlC'Y
said thi:] ~;ho111d be rcvicw'C'd by Jim f'lilrkalunas.
COllncilm,Jn \'<-111 Ness moved to approve- the exemption subject to (1n 0ncn~i1chincnt aqn,C'J1lPnL
for the ~;hed; scconrl(~(; h)' Coullci.hiOlndn ~lohnsL(lJ:.
~loe Elh:,11(1s, rl'prcsc-nLinq the ilppLicants, pointcor) out thif_~ .i.", in thr-, li:i~;tor,-ic (lj,;l:rjct.
They \\'ould 111:- allm~tco ilodit:ional den,,-;ity and ~::iv('n the 2~; lots, they can C'xp~)1')(~ ali()ut
1/3 lanJcr. 'J'he)" could Clpply [Ot- this expansion whC'ther il i!.; in Ol)e (1\'1!h:-r!.;}1:ip OJ- !lol.
1\11 in favor, motion can icd.
2J~~J.!.J'.~~~~!:~,fl_:~6, SJ_~HTI':S 0!-=-----.!2"!2 - SaJ ary
City f'lanuger nahoncy told Councj] til<lt hioS office \vith COG dcvelopr.:d this salary ~-;t'hl'r1\\le.
I>lahollcy foil i <.1 it was t he f-;('n~;c of the s t a [[ l he' L C()UI1C i 1 \,'i! n ted a fr dl1lr'\','ork (]('\'('] oj'('d ~>O
t.here \\'oulc1 De i:\ more definitive policy. Counr.i 1man VZlll t~-..:.'::;s a~~J.~('d ht)\~' much of ;lll j nc:rci.1~;C-
t.hh~ n'prC'~;cntc(1. ~l,l!H)n('y sZlic1 lids I,.,',~S reflt'c-Lc(1 in tht, ] ~l"JB buclC)eL, i'\Del thc' jJWll'~l.'-;es
ilrc mostly in the 100~'C'r ~~al2.ry s('alc~;. Coullcih:onl,ln John:,tol1 poinll'cl out that ~;ic;': Limc
wa~; 0v,lilable at one GuY i1 month, ~11ld objected to it DC.lllq accumuLltC'd and bcin-:! !';lll! at
3 to 1. ('ounciJwCllHdll .lohnston s;t,-id she lhotlC]bL t.hi~ h'a~; LClt<111y unncrc,,~~_:<1l."Y. l'l'l-~~onll('l
Dircctol' 1',1 t sy 1'1'1 lohe poi llll:d out t h;ll thi S \\.OS <1n ('mployc~" 11''-'11(' [.i t <1 nil has bC('l1 f () t" yc;\ r~;"
'1'\\'0 ye,ll~ dqO lun9cvity was 0lili1indh~d. 'l'l1is :.ic}~ pay is ,'In inr0ntivp for C'mplc)Y('t'~; lo
be hc'rc, FinZlncc Dircctor Bul.lcrb;luqh pointl'd out: that thi~; WJ5 i'1l1 CCOllOI1\.iC n('(>'~:~;ity
as fdt' a~; h(,1" department was conc('(ncd. If thCI'C was no ~;ick pay ':teenli:ll, tlH~ (,Illld(l)'('c~;
would take their sick days; lid" would rnCiUl fin.:1Jlc~ \\'oul,l lwve to hin" another pOI"Son.
COllncil111~ln Hershey ol'jcC'ted to the onlinallc0 J)('calJ~;(' the joh defjnjti()n~; <ln~ define'l] by
perSOll d!~ QPPOHc<l to jPIH';. 'l'IH'I'C <l!"C' ~cvcr;ll d1 flL~n'llt ~;t.'cT('tari('f; and eli f[('lt"nt clerks
Ihd_er1. 1-1:;. But.tt'r-bi\\lqh pointl',-l nut that tlH' dep"rtl\ll'nt Iw,lCh; huchwtcd J978 !;,ILlrie.s on
this on1_itl;\llCl~, .:111<1 ('()Ul\Cl] ;1J'prr1Vl'd thE' hut]r;('t. H!;. 1I111'tt'rluuqh told Counci.l ~:l\(" h:HI
ljivr'll Lhc'llI the ~-;id;\l,-il';; dlHl lb,-' i\l:;tlfic~,L:i(lI\ for iJl(:r(':l~;":; at bu(ltwL tillie, COlllh'ilm:m
1J<.'1":;h(')' f:dicl 11(' \\'o\lld Jik,' it l"'-'-v.TiU:('n \llon' l'c.--tJistic,'lly, and in~~t('"d of job d\'!;crip-
tion;;, tlit, orcl1l\,l!ll'I' ~;110tlld bt, li!>,l'(. bnv\Cl. (\lll1lCih"oll\;lll cJLlhn!;t~()l1 ~~;Lid !:l1c fell 1'\1,11
cgU,l]ily !wt\\'l'{'ll (ll'I"drtllll'nt~; j~; .illlportallt il\ lI\unicipdl qdVt'1"llllll'lIU:;. n~;. H':llollc' :;;Iid ~;hc
fell lh;ll thl.' cwp.loy('('S llcedl.'d :;l'rucLure !;o t:li'-lt 1IH')' LllU\~' what i~; (');11L'ctcd Linel \-'o'll'-ll the
sal"ry in.
\
M E M 0 RAN DUM
TO: Aspen Planning and Zoning Commission
FROM: Planning Office (KS)
RE: ARI Building - Subdivision Exemption
DATE: December 2, 1977
This application requests permission to separate Lots M, N, and part of
o of Block 58 from Lots P, Q, R, and S and part of O. Currently they
are held in common ownership with the ARI building located on M through
o and the Nugget Lodge on P through S. The purpose of the exemption
would be to allow the sale of the ARI building to a Mr. Koss. The zone
district is O-Office and the lot split would create a conforming lot
(and conforming use) for the ARI building. The Nugget Lodge is a
pre-existing non-conforming use and in being located in the 0 district,
the only way to compute whether the lot is standard-sized is to compare
the FAR to what it would be in the Lodge District. This procedure was
followed for the Scott Subdivision involving a multi-family structure
in the R-6 zone district. We believe that the Nugget would meet the
Lodge FAR given that there are over four lots with a total lot are of
approximately 13,000 square feet. We think and will ask the applicant
to confirm that the floor area of the Lodge is less than 13,000 and
therefore within the 1:1 FAR.
As of this writing, Dave Ellis has just received the improvement survey
and will attach his comments later. There is no park dedication fee
for office or lodge development.
The improvement survey will be brought to the meeting.
lmk
M E M 0 RAN DUM
TO: Aspen City Council
FROM: Planning Office (KS)
RE: ARI Building - Subdivision Exemption
DATE: December 14, 1977
This application requests permission to separate Lots M, N, and part of
o of Block 58 from Lots P, Q, R, and S and part of 0 now owned by Peter
Koss. Currently they are held in common ownership with the ARI building
located on M through 0 and the Nugget Lodge on P through S. The purpose
of the exemption would be to allow the sale of the ARI building. The
zone district is O-Office and the lot split would create a conforming
lot (and conforming use) for the ARI building. The Nugget Lodge is a
pre-existing non-conforming use and in being located in the 0 district,
the only way to compute whether the lot is standard-sized is to compare
the FAR to what it would be in the Lodge District. This procedure was
followed for the Scott Subdivision involving a multi-family structure
in the R-6 zone district. We believe that the Nugget would meet the
Lodge FAR given that there are over four lots with a total lot area of
approximately 13,000 square feet. If the floor area of the Nugget
Lodge is 13,000 square feet or less, then it would comply with the Lodge
district's FAR of 1:1. We believe that it does comply and have asked
the applicant to confirm the Nugget's floor area.
Dave Ellis reviewed the improvement survey and. in his comments dated
December 2nd, 1977. recommends the exemption be granted since the site
"substantially meets all current design standards." He did note that
an appendage (shed-type structure) on the ARI building encroaches on
the alley, but recommends that it be allowed to remain until such time
as it interferes with public uses in the alley.
The Planning and Zoning Commission recommended approval of the exemp-
tion at their December 6th meeting, without conditions. There is no
park dedication fee required for office or lodge development.
An improvement survey will be brought to the meeting.
lmk
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MEHO
TO:
KAREN SHITH
PLANNING DEPARTMENT
FROM:
DAVE ELLIS ",r
ENGINEERING DEPARTMENT ~
DATE:
December 2, 1977
RE:
Subdivision Exemption Request - Lots M,N, and
W ~ of 0, Block 58
The engineering department has reviewed the improvement
survey and the site and finds that the property substan-
tially meets all current design standards. We would like
to note for the record that there is an encroachment into
the public alley right of way. However, we feel that the
encroachment should be allowed to remain until such time
as it interferes with public uses in the alley. On the basis
of the above we recommend that the exemption be granted.
jk
JOSEPH E. EDWARDS JR.
ATTOR~EY AT LAW
THE WHEELER OPERA. HOUSE
P. O. BOX 1541 ASPEN. COLORADO 81611
(303) 925-7 I 16
November 11, 1977
Ms. Karen Smith
Aspen Pitkin County Planning Office
Aspen City Hall
Galena Street
Aspen, Colorado 81611
Dear Karen:
As per our telephone conversation I am enclosing herewith
our Application For Exemption From Subdivision Regulations
in order to allow the separate sale and conveyance of the
Victorian Building located on Lots M, Nand 0 of Block 58,
City of Aspen. This is the ARI building located immediately
to the West of the Nugget Lodge on Main Street and the
reason for the exemption application is that Section 20-4(c)
provides that contiguous lots in the same ownership are unsub-
divided parcels and separate sale thereof would constitute a
subdivision. However, Subparagraph D of the same Section
invites the enclosed Application for an exemption for a case
such as this where the intents and purposes of the Subdivision
Regulations to assure the orovision of certain amenities and
standards have already been satisfied.
The only problem we are aware of regarding this property
stems from an outstanding claim by the City of Aspen for a
water tap fee for the particular building. The reason this
matter was in dispute was that the property formerly had another
Victorian building on the property which did have a City water
tap. Subsequently, this building was removed and thereafter
Nr. Koss placed the present building on these lots and connected
the water lines to the former service line. The City has taken
the position that since this service was terminated between the
time of the removal of the original building and the installation
of the current building that a new tap fee was payable. Mr. Koss
has previously taken the position that the prior tap should be
entitled to at least some credit and I'm sure that during this
process we will have to resolve this outstanding question. If
you have any other matters that need further definition, please
advise and we will try to provide the required information.
Very truly yours,
"~;:DJ\~ci c-}d;l n
7 . /{~/, . ~T&!
(r /) " eOsePh; E. Edwa s Jr. . .
IJlJ vt\Q~& j.e e(J~v ~01~ee . JJE;. 2 'i L~O dQ(7ClA{ '~'~JGc2~
12-11
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CUSTOMER
o
CITY OF ASPEN
FINANCE DEPARTMENT
o
CASHIER'S RECEIPT
01-111 LICENSES & PERMITS
511 0 BUSINESS LICENSES
512 0 SALES TAX LICENSES
513 0 BEER - WINE - LIQUOR LICENSES
514 0 CONTRACTOR'S LICENSES
516 0 LIQUOR LICENSE APPLICATION
517 0 DOG LICENSE
518 0 CENTRAL ALARM LICENSE
S19 0 BICYCLE LICENSES
520 0 EXCAVATION PERMITS
521 0 CONSTRUCTION PERMITS
522 0 ELECTRICAL PERMITS
523 0 PLUMBING PERMITS
524 0 HEATING PERMITS
525 0 SEPTIC TANK PERMITS 01-988-632-03 0 XEROXING (DESCRIBE)
~THER .ACCT. NOU::1\ \-~Z::::0-DLt
01-111 FINES & FORFEITS
561 0 COURT FINES
S62 0 COURT BONDS - FORFEIT
563.01 0 TOWING FINES - IMPOUND
563-02 0 TOWING FINES - NOT IMPOUND
564 0 TRAFFIC FINES
566 0 FALSE ALARM FINES
568 0 DOG IMPOUND FINES
569 0 OTHER FINES & FORFEITS
01-111
579
589
OTHER MISC. REVENUES
o MAPS, CODES, ZONING REGS.
o OTHERS (DESCRIBE)
DESCRIPTION, (NAME, NUMBER, ETC.),
11..' ~ ~OO
. CAS~Rf"ALlDAT,19(")
RECEIVED FROM . ("""net Uvt \
.
l Lh (:IT
CITY OF A"PEN .
MEMO FROM KAREN SMITH
12-1-77
Dave,
Please find attached a xeroxed copy of the ARI building
subdivision exemption application. We are expecting
the improvement survey today (this morning) and will
give it to you as soon as we do receive it. It is
scheduled for the December 6th Planning and Zoning
meeting. May we have your comments by the end of
today.
Thank you.
Ka ren
Name of Project:
" ~"
(Subdivision. Exemption
ARI Building Subdivision
FEE SCHEDULE
from Subdivision.
Rezoning. Park Dedication)
Address:
Victorian Building. Lots M.Nand O. Block 58
Applicant's Name: Joe Edwards for Mr. Koss
Phon e :
925-7116
Applicant's Address: Wheeler Opera House. P.O. Box 1541. Aspen
FOR ZONES WHICH ARE R-15, R-30. R-40. RR and CONSERVATION the Subdivision Fee
Formula is as follows:
Conceptual
$100 + $5.00/dwelling unit
+
Prel iminary
$22.00/dwelling unit
Final
$3.00/dwelling unit
FOR ALL OTHER ZONES the Subdivision Fee Formula is as follows:
Conceptua 1
$100 + $60.00/acre of land
Preliminary
$280.00/acre of land
Final
$35.00/acre of land
~ EXEMPTION FROM THE DEFINITION OF SUBDIVISION FEE: $50.0Q
REZONING APPLICATION FEE: $125.00 (once a year)
/,;)-5-17
PARK DEDICATION FEE SCHEDULE
nrcorm or p::ac[t~SII~l~S
1(::' l!'.wcs
-- .--'.,--------~~-_"=_._=_."~"'",. _.,~_===_~_..,;e:__"=",..__.,=.__=_=______==__==,,-=___=_=.,.._ _=,,=_"
c:urn'nt m;lrkel v.Jluc of it pcorccnlaqc of the
land propo:.cd .;15 the development zitc, the
percentage of the l.:lIld being determined at the
rate of tlll'O anu o~c-h.:ll( (2'}) acre!; for every
one thouSilnd (1,000) resident!; of the propo:;cd
development' (th.:ll is, the number of residents
~ultiplicd by twenty-five ten thousandths
(.0025) of an acre per rcsiccnt). ~h~ number
of residents attributable to the development
shall be calculated in the following manner:
!YPC of Dwel1inq
Number of Residents
PerDwcllinq Li:li t
Hulti-Family
studio 1.0
one bedroom 1.3
two bedrcom 2.7
three bedroom 4.0
and 1.3 for each additional bedroom
/
Single Family or Duplex
one be<J.roo::l
two b"c:-c:::::I
three bcc:,"oC'::I
and 1.3 ror c~ch additional
1.3
2.7
4.0
bedroom
"- -" ~
A duplex: stru~'_tl~e shall constitute 'tJ-.;O dwelling
unit~ for t~~ Fu~po~es of this subse~t.ion.
(3) ;,n exa:::!,l!.' of the appliciltio:l of the <1bovc
formula i~ as follows, .:ls~;llming the construct.:.on
of one sinqlc Li;;\ily rC$idl~nCC contil.inin~l t...:o
bcdroo::;r-, 0;1 <l lot contai:linq 15.000 sqil.lre f('('t
with" t.lark.t't \'.:lluc of $65,DOO.00 (or $4.33 per
square foot):
2.7 (2 hcuroorn ~ 2.1 re~jdents) x 0.0025 dcres
): 43,S60 (:;Cjll,lrc fl't~t p('r .1crd x $,1.33 (r.lilr-
J:.ct vcllue ol Lmd per ~;~llhn., [(,at) ~1.:;73.lS
(li) Unir.ll'nw.,eJ L10d shall b.., ':\Ppl<list.'d ,It the
Cll!TL'nl r.:.ltt,l'l vctlUt' of tt", ~,it., incluJlfl'l it:~ v<lluc
atll"il,ut:ll,l.' to curl'. Qll'-t"I'~;. ~'tn."t. !;id.'\~,llk
llnd lit j 1 i t i ," if ,l;l<',I:J ll.,tl t'rI It\<' (!.\ t" pi 1'<' r~l it.
jf;;,ll.)fh','. Ir,,\'IP\"vd \.md<; :'~J,ill I,,' .i;'I,r.!];,'>! ,ICI"Ul..1i.n.'
lo thL'!1' hiql\<'"l <Ill.! l\"'~.t ll:,c' tdh.Jll'l .Int.) ,','Il';.ld,'L<l-
liol) t'Xi~.I.il\q <.:nW:lllV:j "..b..tlwr ('1 :ll't th..y .iI','
confonnil"l. .'l.ld.t,t, v;du(' 111.11' I...' ~.Uh!;t,lnll.lll'd by
a documL'llt L'll purch..n>t' pr iel' (i f <Ill ~In\l'~; lCllqlh
tr.ln~;dcti('fl Ih,t 1.\.'[,' thdH 1.....""...11'.'. '-lId) (II l.,. .11lY
olhc-r rL'(,,(hllli;~t'J r.ll',)n,,; ,'rovidL'd t.lhlt__.~~!a'!;s('~..
/""lWART TITLE OF ASPEN, INC.
.......,,/
HEREBY CERTIFIES ~rom a search of the books in this office that the owner
of
Lots M, N and the West Half of Lot 0, Block 58,
CITY AND TOWNSITE OF ASPEN,
Situated in the County of Pitkin, State of Colorado, appears to be vested in
the name of
GEORGE PETER KOSS
and that the above described property appears to be subject to the following:
Deed of Trust from George Peter Koss to the Public Trustee of Pitkin County
for the use of John C. Koss to secure $100,000.00 dated February I, 1977,
recorded February I, 1977 in Book 324 at page 163.
Deed of Trust from George Peter Koss to the Public Trustee of Pitkin County
for the use of Jean Berryman to secure $20,000.00 dated February IS, 1977,
recorded March 21, 1977 in Book 326 at page 194.
Deed of Trust from George Peter Koss to the Public Trustee of Pitkin County
for the use of Perry Pollock d/b/a Aspen Investment Co. to secure $12,000.00
dated September 2, 1977, recorded September 2, 1977 in Book 334 at page 578.
Although we believe the facts stated are true, this Certificate is not
to be construed as an abstract of title, nor an opinion of title, nor
a guaranty of title, and it is understood and agreed that Stewart Title of Aspen, Inc.
neither assumeF, nor will be charged with any financial obligation or liability
whatever on account of any statement contained herein.
Dated at Aspen, Colorado, this 14th day of November, A.D. 1977
STEWART TITLE OF ASPEN, INC.
BY
APPLICATION FOR EXEMPTION FROM SUBDIVISION
1. APPLICANT'S NAME: George Peter Koss. Title presently
stands in the name of George Peter Koss. The current
encumbrances on the property are a first deed of trust
to secure to John Koss a loan in the amount of approxi-
mately $100,000, a second deed of trust to Jean Berryman
to secure a loan in the amount of $20,000 and a third
deed of trust to secure to Perry Pollock a loan in
the amount of $12,000. A copy of an Ownership and
Encumbrance Statement by the title company is attached
hereto as "Exhibit A". The Applicant is the owner
of the Nugget Lodge adjacent to the property proposed
to be transferred and has been an Aspen resident for at
least five years.
2. LOCATION OF THE PROPERTY: Lots M, N and the west one-
half of 0, Block 58, city and Townsite of Aspen also
known as 122 West Main. This is the Victorian building
which currently houses the Aspen Reservations Incorpora-
ted and is immediately adjacent to and to the west of
the Nugget Lodge.
3. PHYSICAL DESCRIPTION: The two city lots are improved with
the old Victorian building which used to be located next
to the Flora Dora and which was moved onto these vacant
lots approximately five years ago. An improvement survey
locating the building on these two and one-half city lots
is being prepared and will be provided if available prior
to the hearing.
4. CURRENT TENANTS: The building is currently under a lease
to Aspen Reservations Incorporated which has several more
years to run on the base term and then a right in the
tenants to extend the lease for an additional five-year
period. It is expected that the current tenants will
exercise their option to extend the term and will be
in occupancy of the premises for another seven to eight
years.
5. REASON FOR EXEMPTION: The application is for the exemption
of the application of the City's Subdivision Regulations
in order to allow the separate sale and conveyance of the
above described Victorian Building located on Lots M, N
and one-half of 0 from the remainder of the lots upon which
the Nugget Lodge is located and which are contiguous to
the lots in question. Section 20-4(c) of the Aspen Municipal
Code provides that if "two or more lots...are in single
ownership...the lots...shall be considered an undivided
parcel...and conveyance of any...shall constitute a
subdivision". However, Subsection D immediately following
indicates that the foregoing quoted section should not be
construed to preclude an owner from applying for an exemption
pursuant to 20-19 (b) when the provisions of that Section
are satisfied.
Section 20-19(b) authorizes the City Council to exempt
any divisions which are not within the intent and purposes
of the Subdivision Regulations. The intent and purposes
of the Subdivision Regulations are set forth in Section
20-2 and are summarized as follows:
(al to establish standards for subdivision design and
improvements, e.g. standards for roads, paving,
signs, lighting, drainage, curbs, etc.
(b) to improve land records and survey monuments by
establishing standards for plats, survey monuments,
etc.
(c) to safeguard the interests of the public and of
the subdivider and to provide consumer protection
for the purchaser, e.g. to make sure the purchaser
gets easements and adequate service hook-ups for
utilities access, etc.
Therefore, Subdivision Regulations assure the provision
of certain amenities according to minimum design standards
so that a purchaser from a subdivider can be assured of
getting utility easements, access, etc. It is clear
that the intent and purposes of the Subdivision Regulations
to assure these amenities do not apply to this already
constructed victorian building which was placed on these
two and one-half city lots. The city lots already have
paved streets, utilities installed and operable and
plat and survey monuments according to the original
townsite plat. The purchaser already has water, sewer
and other utilities in place. Therefore, it is submitted
that the sale of Lots M, Nand 0 and the victorian building
thereon while technically a subdivision from the continguous
ownership of the lots upon which the Nugget Lodge is
located is not the type of subdivision which is within the
intent and purposes of the Subdivision Regulations.
7l-
r s Jr.
IAttor or Applicant,
~ceer~ Peter Koss
P.O. Box 1541
Aspen, Colorado 81611
(303) 925-7116
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41-
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M E M 0 RAN DUM
TO: Aspen C.ity Council
FROM: ~ng Office (KS)
RE: ~lding - Subdivision Exemption
. DATE: December 14, 1977
This application requests permission to separate Lots M, N, and part of
o of Block 58 from Lots P, Q, R, and S and part of 0 now owned by Peter
Koss. Currently they are held in common ownership with the ARI building
located on M through 0 and the Nugget Lodge on P through S. The purpose
of the exemption would.be to allow the sale of the ARI building. The
zone district is O-Office and the lot split would create a conforming
lot (and conforming use) for the ARI building. The Nugget Lodge is a
pre-existing non-conforming use and in being located in the 0 district,
the only way to compute whether the lot is standard-sized is to compare
the FAR to what it would be in the Lodge District. This procedure was
followed for the Scott Subdivision involving a multi-family structure
in the R-6 zone district. We believe that the Nugget would meet the
Lodge FAR given that there are over four lots with a total lot area of
approximately 13,000 square feet. If the floor area of the Nugget
Lodge is 13,000 square feet or less, then it would comply with the Lodge
district's FAR of 1:1. We believe that it does comply and have asked
the applicant to confirm the Nugget's floor area.
,
Dave Ellis reviewed the improvement survey and, in his'comments dated
December 2nd, 1977, recommends the exemption be granted since the site
"substantially meets all current design standards." He did note that
an appendage (shed-type structure) on the ARI building encroaches on
the alley, but recommends that it be allowed to remain until such time
as it interferes with public uses in the alley.
The Planning and Zoning Commission recommended approval of the exemp-
tion at their December 6th meeting, without conditions. There is no
park dedication fee required for office or lodge development.
An improvement survey will be brought to the meeting.
lmk
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