HomeMy WebLinkAboutcoa.lu.ex.Aspen Alps Condo.1974°l-1A• J�*'0�10
ASPEN ALPS
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MEMORANDUM
DATE: December 20, 1974
TO: Stacy Standley
FROM: Sandra M. Stuller
RE: Aspen Alps Condominium Association
Attached is a Statement of Exemption submitted
for your signature in the event the Council grants the
exemption request on Monday, December 23rd.
SS/pk
cc: City Council
Y. Mojo
L. Oates
STATEMENT OF EXEMPTION FROM
THE DEFINITION OF SUBDIVISION
WHEREAS, SPAR CONSOLIDATED MINING AND DEVELOPMENT
COMPANY is the owner of the following described property
situated in Pitkin County, Colorado, to wit:
A tract of land situated in the NA of Sec.18,
TIOS, R84W of the 6th P.M.,Pitkin County,
Colorado. Said tract is part of the Million-
aire Lode, M.S. 3620 A AM., and is more fully
described as follows:
Beginning at Corner No. 4 of said Millionaire
Lode; thence S.04°30'00" 1.-1. 648.30 feet along
Line 3-4 of said Millionaire Lode to the point of
intersection with Line 4-5 of the Little Nell
Lode, M.S. 3881 AM.; thence S.43"28'44" W.
23.91 feet along said Line 4-5 to Corner No. 5
of said Little Nell Lode; thence S.45°36'00"
W. 204.56 feet along Line 1-5 of said Little
Nell Lode; thence N.14°11'00" E. 302.75 feet;
thence N.17146'00" E. 31.40 feet to a point
on Line 4-5 of said Millionaire Lode; thence
5.80030'00" E. 7.31 feet along said Line 4-5
to Corner No. 4 of said Millionaire Lode, the
point of beginning, containing 1.203 acres
more or less, commonly known as the "Spar
Wedge", and
WHEREAS, SPAR CONSOLIDATED MINING AND DEVELOPMENT
COMPANY wishes to convey the above -described tract to GEORGE
P. MITCHELL and H.A. BORNEFIELD, JR., or the ASPEN ALPS
CONDOMINIUM ASSOCIATION, or a limited number of members
thereof, so as to provide a greenbelt and buffer for the
Aspen Alps Condominium Complex, and
WHEREAS, there has been submitted an application
for the exemption of the above proposed parceling of land
from the definition of subdivision pursuant to Section 21-10(b)
of the Municipal Code of the City of Aspen which provides:
"Following receipt of a recommendation from
the Planning & Zoning Commission, City
Council may exempt a particular division of
land from the definition of a subdivision set
forth in Section 20-21(a), when, in the judg-
=:ient of the City Council, such division is
not within the intent and purpose of this
Chapter 20", and
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WHEREAS, the Aspen Planning & Zoning Commission did
at its meeting held December 17, 1974 consider and grant
said application, provided:
"l. That no development of any kind be permitted
on the "Spar Wedge", including recreational
facilities, swimming pools, tennis courts,
etc. Landscaping would be permitted.
2. That any unit density that might be supported
by the acquisition not be transferred to
another part of the Aspen Alps Condominium
Association land holdings, nor used to
support an application for additional units",
and
WHEREAS, the Aspen City Council has considered
the requested exemption, on the above stated conditions,
with the additional requirement that the area always remain
available as a public skiers' easement, and
WHEREAS, the City Council, on motion duly made,
seconded and approved, did at its meeting held December 23,
1974, grant and approve the above requested exemption from
the definition of subdivision,
THEREFORE, 3-LEASE TAKE NOTICE, that the above
described tract and its parceling by the SPAR CONSOLIDATED
MINING AND DEVELOPMENT COMPANY has been granted an exemption,
as conditioned, from the definition of subdivision and the
CITY OF ASPEN does waive the requirements of Chapter 20
"Subdivisions", with reference thejetq.
Stacy a dl III
Mayor
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I, KATHRYN HAUTER, duly appointed and acting City
Clerk, do hereby certify that the foregoing exemption, as
conditioned, was approved by the Aspen City Council at its
regular meeting held Monday, December 23, 1974.
X-44"
Kathryn HaXiter
City Cler
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RECORID OF PROCEEDINIGS 100 Leaves
rogm •n C. f. %nrrKrL !. !. 4 t. co.
Regular Meeting Planning and Zoning Commission December 17, 1974
Sagewood, cont'd Barnard moved to -modify the exemption granted to the Red -
Motion wood Condominiums with respect to the improvement of the
alley requiring chip 'n' seal. Collins seconded. All in
.favor, motion carried.
Aspen Alps Attorney Lennie Oates was present to ask that the i-ri.anale
of land recently purchased near Little Nell not within the
intents and purposes of Subdivision. Mojo noted two
items that the Planning Office was concerned over: that
the density available not be transferred; and that there
be no development occurring on the property including
recreational facilities. Oates explained that they had
intended to put in a swimming pool and tennis courts in
that land but Mojo said that it would place too much of
a burden on City facilities and the majority of the land
was above the 80/40 line.
Motion Barnard moved to recommend to the City Council that they
grant the exemption from Sec. 20-10 on the two conditions.
presented by Planning. Landry seconded.. All in favor,
motion carried.
LETTER OF RESIGNATION Chairman Schiffer read the letter of resignation from
Janet Landry Janet Landry who explained that she was moving into the
County soon and would have to quit. Schiffer said that he
was sorry to see her leave. and that she had served the
Commission very well during her term.
SKIER POTENTIAL: Members had received a chart on skier potential in their
SURVEY packets for this meeting and Schiffer questioned who had
done the survey. Mojo mentioned that the Ski Corp's Jim
Adams had done it and that they were using this survey
to base their future plans. Schiffer asked that the
figures be verified and if valid, be incorporated into
the minutes.
Schiffer asked that the City Manager be told that they had
already read the Vorhees plan since a handout had been
given to them before the meeting.
Collins moved to adjourn and Barnard seconded. All in
favor, meeting adjourned at 5:05 p.m.
Deputy City Clerk
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CITY O SPEN
aspen,colorado, E11611 hoX V
mpmnpamniiM
TO: Aspen City Council
FROM: Planning Office
SUBJECT: Aspen Alps Subdivision Exemption
DATE: December 18, 1974
On December 17, 1974 the Aspen Planning and Zoning Commission
recommended that a subdivision exemption be granted under the
provisions of Section 21-10 (b) of the Aspen Municipal Code to
the Aspen Alps Condominium Association for a tract of land known
as the Spar Wedge. The recommendation was qualified by two con-
ditions:
1. That no development of any kind be permitted
on the "Spar Wedge", including recreational
facilities, swimming pools, tennis courts,etc.
Landscaping would be permitted.
2. That any unit density that might be supported
by the acquisition not be transferred to
another part of the Aspen Alps Condominium
Association land holdings, nor used to
support an application for additional units.
The Planning Office recommended approval of the applicant's
request for exemption from subdivision under the provisions of
Section 21-10 (b) subject to the above conditions.
A
LAW OFFICES
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LEONARD M. OATES
RONALD D. AUSTIN
J. NICHOLAS McGRATH, JR,
WILLIAM R. JORDAN III
ANDREW V. HECHT
OATES, AUSTIN 8, MCGRATH
600 EAST HOPKINS STREET
BOX 3707
ASPEN, COLORADO 81611
December 10, 1974
Planning Department
City of Aspen
P. O. Box V
Aspen, Colorado 81611
Attention: Mr. Yank Mojo
Dear Yank:
Re: Spar Wedge Adjacent to Little
Nell Ski Run
WILLIAM E, CLARK
OF COUNSEL
AREA CODE 303
TELEPHONE 925-2600
Following up our conference in your office of
Monday, November 9, I am enclosing herewith to you a
plat of a parcel of property commonly known as the Spar
wedge. As I explained to you, George P. Mitchell and
H. A. Bornefeld, Jr., as representatives of certain
members of the Aspen Alps Condominium Association,
have optioned the Spar wedge from Spar Consolidated
Mining & Development Company. The reason for the
desired purchase is obvious inasmuch as any development
which might occur adjacent to and westerly of the Aspen
Alps project in the Spar wedge would be extremely
detrimental to the Aspen Alps project. Additionally,
certain actions taken by Spar on the property in the
form of the posting of no trespassing signs and the
threat of fencing the area have caused concern that this
area might be closed for skiing to the general public
and 'cis an access from the Little Nell ski slope to the
various Alps buildings.
Although the option has been taken in the name
of Messrs. Mitchell and Bornefeld, it is the unqualified
intent to convey the property over to either the Aspen
Alps Condominium Association or to a group composed of
those numbers of Alps owners who are desirous and willing
to participate in the purchase of the property.
OATES, AUSTI N 8, McGRATH
Planning Department
Page Two
December 10, 1974
The specific purpose of this letter is to
formally request for a subdivision exemption under the
provisions of Section 21-10(b) inasmuch as it is our
position that the division of land as proposed is not
within the intent and purposes of Chapter 20 of the
Municipal Code of the City of Aspen.
The optionees, for and on behalf of the ultimate
grantees of the property, would represent that they would
impose such reasonable restrictions as should be deemed
necessary in order to satisfy any requirements which
may be placed upon the exemption by the City Council.
Specifically, they would be willing to agree not to
place any dwelling type structure upon the property
nor to develop the property in any fashion which would
interfere with the use of the Little Nell ski slope.
They would, however, like to reserve the right to
utilize the property for a recreational facility such
as a swimming pool or tennis court type of facility.
It is my understanding that upon your receipt
of this letter you will place this matter on the agenda
of the City Council for consideration at its regular
meeting to be held on December 17, 1974. If, in the
interim, I can be of any assistance in answering any
questions which you might have or in developing a set
of guidelines for the exemption, I would be more than
happy to work with you.
Thank you for your consideration of this matter.
I would ask that you advise me of the setting of this
matter before the Planning and Zoning Commission.
Very truly yours,
OATES, AUSTIN & McGRATH
By
Leonard M. Oates
LMO:dlw
cc: Ms. Sandra M. Stuller (map is not enclosed)
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