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HomeMy WebLinkAboutcoa.lu.ex.Aspen Alps Condo.1974 , ~ 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 NW~ 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.04030'00" W. 648.50 feet along Line 3-4 of said Millionaire Lode to the point of intersection with Line 4-5 of the Little Nell Lode, 11.5.3881 AM.; thence S.43028'44" W. 23.91 feet along said Line 4-5 to Corner No.5 of said Little Nell Lode; thence S.45036'OO" w. 204.56 feet along Line 1-5 of said Little Nell Lode; thence N.14011'00" E. 802.75 feet; thence N.17046'OQ" E. 31.40 feet to a point on Line 4-5 of said Millionaire Lode; thence S.80030'OO" 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 \lliEREAS, 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- 'Zlent of the City Council, such division is not within the intent and purpose of this Chapter 20", and WHEREAS, the Aspen Planning & Zoning Commission did at its meeting held December 17, 1974 consider and grant said application, provided: "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", 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, 'I'HEREFORE, PLEASE 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 the~. .-~ /~ ~f;/ ~- -Y'---C-<: c--...,/ ~ ..-. III P <. Stacy Mayor -2- 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. ~~ 4,,-"~1r-L/ Kathryn H ter City Cler -3- fGqW', c, r. ~i'fr"rL ~_ ~. II to co. Regular Meeting Sagewood, cont'd Motion Aspen Alps Motion LETTER OF RESIGNATION Janet-Landry SKIER POTENTIAL: SURVEY " RECORD OF PROCEEDINGS 100 Leaves Planning and Zoning commission December 17, 1974 Barnard moved to"modify the exemption granted to the Red- wood Condominiums with respect to the improvement of the alley requiring chip 'n' seal. Collins seconded. All in favor, motion carried. Attorney Lennie Oates was present to ask that the ~riannle 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 burdcn on City facilities and the majority of the land was above the 80/40 line. 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. Chairman Schiffer read the letter of resignation from Janet Landry who explained that she was moving into the county soon and wouid 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. Members had received a chart on skier potential in their packets for this meeting and Schiffer questioned who had done the survey. Mojo mentioneci 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. . / /' / "j \:'.~{.~-"~'-?"""""'" (.f.~-t..vvt:..-' Deputy City Clerk -3- f"" ,,0","., ,"-c c"'" " I . >'J \. '''I (1-..-- \ , ~. ".)~.,r;, 't. .. _,,_ ..~ . I ~ .. -"-- PEN hox v CIT , . c _ ~ . >Jr,<... ' ",:1\~.. .~, " - MEMORANDUM 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. LAW OFFICES OATES, AUSTIN a. MCGRATH aoo E:AST HOPKINS STREET BOX 3707 LE-ONARD M. OATE-S ASPEN, COLORADO BIOII WILLIAM E:. CLARK RONALD D. AUSTIN .J. NICHOLAS MCCRATH, .JR. OF" COUNSEL WILLIAM R. ..JORDAN m ANDREW V. HECHT December 10, 1974 AREA CODE 303 TELEPHONE 925-2600 Planning Department City of Aspen P. O. Box V Aspen, Colorado 81611 Attention: Mr. Yank Mojo Re: Spar Wedge Adjacent to Little Nell Ski Run Dear Yank: 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 as 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, AUSTIN 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 t, , , ()'~ <....~ .', )(~,.;,w., ," ,} 0 / \",'-. ",<:../ / '.' .'." '-_{ " ,."1- \.-'i / '. Leonard M. Oates LMO:dlw cc: Ms. Sandra M. Stuller {map is not enclosed}