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HomeMy WebLinkAboutcoa.lu.ex.Benedict/Maddalone Subd.1974 QbdiVision xemption / nbdivision xemption j ~, Council....,om,l ...J.rLJ.luniHi CjuC'.stioned the inclusion of th... alleys into the milll r~solution. City ,\ttc..rnvy Stuller s.:tid it WcJ.S cJ. stiltute re'luircment. l-lilyur Standley reild a letter of Ol;l'o~;ition from Rio Grande Motorw,'ys. Coullci)m.J.n DeGregori.o felt the! Council should dcfcLil thl.' resolution ilS pre:milti.lrc <<nd perhaps (h.~vote some study session time with the peol-'lc involved. DeGregorio al~io mcntionc'd_ a petition with sign.:ltures of 73 p12r Cent of the business o..mers in the <lrca. stating their objection to the mall extension. -Councilman DeGregorio called a quC'st-ion. CouncilmCln Breasted moved to adopt Resolution '36, Scries of 1974; scconded by Councilwoman Pcdcrsen. Councilmcmbcrs Pedersen and Breasted yes; Mayor StClndley yes; Councilmenibcrs 1.Iarka,lunas, DeGregorio Clnd lialls, no; tic vote, motion dies. BEr:Z!)ICT SUGDIVISION EXEr-ll"rrON Councilman Breilsted mov~d to read R~solution #37, Series of ]974; seconded .by COuncil- woman Markalunas. All in fa'lor, motion carried. City Attorney Stuller ~ccJ.d the rcsoluti~ RESOLUTION #37 (Series of 1974) WUEREAS the BENEDICT L1\ND AND CATTLE CONP,\NY had conveyed a home site to FREDRIC A. BENEDICT Ai"':O FADIENNE AENF:DICT containing approxim2ltely 3.3BI acres locatc-d within the SW % NE ~~ of Section IB, THIS. Ral.~-l of the $ixth Prin...:ipal H~ridi.an, Pitkin County, COlorado, and recorded at Book 256, page 553, of the records of the Pitkin County Clerk and Recorder, Clnd \':HEREAS, l~pOr: r~surve~' of the t"ract it hCls been determined thilt an error in the descrip- tion in the original conveyance hCld been made, that although it was the intent in the gratt to convey to the centerline of the Roaring Fork River, the survey description ClS mCldc does not c1o~e in such a manner so as to includ~ a considerable parcel up to and including part of the river bedl and WHEREAS, the BENEDIC1' LI.ND AND CATTLE CONPANY wishes to reconvey to FREDRIC A. BENEDICT Clnd FABIENNE BENEDICT by correction deed to redefine the homesite description so as to convey as origin<llly intcndcdl Clnd WHEREAS, the Aspen Planning ilnd Zoning Commission pursuant to e 20-10(h) of the Aspen foIunicipal Code, has determined that this resubdivision of IClnd is not within the intents and purposes of Chapter 20. Subdivision Regulations and by its Resolution made Nove~ber 5. 1974, did recorr....nend to the City Council that the reconveyance be exempted from the definition of $ubdiVision and the requirements of Chapter 20 of the Municipal Code be thereby waived, NOW, THEREFORE, BE IT RESOLVED BY THE CITY.COUNCIL OF THE CITY OF ASPEN, COLORADO: That the conveyance by - correction deed by the BENEDICT LAND AND CATTLE C011PANY to FREDRIC A. BENEDICT and FABIEN~E BENEDICT of the following described tract shall be and hereby is found to be without the intents and purposes of Chapter 20 and Qcclarcd exempt' from the definition of subdivision and free from compliance' with the requirements of said Chapter 20 of the Aspen Municipal Code: A tract of land situated in the SW\ NB~ of Section 18, Township 10 South, Range 04 Nest of the 6th Principal Meridan, Pitkin County, Colorado. Said tract is part of the Riverside Plilcer, HS. 3905 A1-1., and is more fully dc~cribed as follows: . Beginning at a point whcn corner No. of said' Riverside Placer bears S 46 90'49"E 709.19 feet~ Thence S 15013'99" 1'1 385.00 feet to the center of th~ Roo1.rinq fork RivCT; Thence N 59012'00" \'j 230.00 feeL along the centerline of said river; Thence N 88025'00" It 203.15 fe.et along the centerline of said river; Thence N 15013'00" i-:.}Rl.OO feet; 'l'hence fi 70018'00" E 1~4.J3 feet; Thence S 75015'00" E 2C,5.12 feet to the point of beginning, containing_ 3.3BI acres, more or less Councilrn,ln Nalls moved to adopt the resolution .:is read; seconded by Councilman Dc(;n-'goQ all in' favor, motion c;Jr~'i(~d. , "'i\nl~~~'?~~~~DTVTSION 1.:i.:J-:/.lPTION --~- " Coul1ci h:un;;ln HoJrkalun,lt. nlovcd to read Resolution' 38; seconded by CounciJm,1n' l'lClllsj ,all in favor, IlLoLion cat-ried. City Attorney Stuller rCull lhe resoluLion. nESO!.U'l'WN . 38 IScri,-'s of 19.,4) wm:llI:^H, tll" IllmJ:DICT ].MJIl Arm C,\'J''J'J.I: CONI',\~I\' kw prdtiou51y ch'r:dt:d ttl PA'I'I,Il'J/\ E. "1^UD,\L()tJI~ " ll',lC.t of ),Int! :;illl.llnl in tht' !H~'-' of t.hp Nl-:~ of 'Sflt"tiOIl 1l:i, T 10 :;, 1l11,1I'J of 1I11' ::i:~llt f'1.illCil'.1l t-i,.,."ididll. Pitkin County, Clllot'dd". \,'hicl1 ~:(lnVf'~'olllt'I:[: 4lr<-' I"("J/dnl ill It""I: .',1.1, 1'.Pp' ')'.,', dllll jI.,o!;. 2107. ",1'11':: ;~(, .:tlld ~7 of lll.' '-"I.old:; of L1ll' Pitkin l'ollldy t:ll'I'I. "11<1 I:,','ol'll,'r, .1l1d . HIiI:HJ.:A:;, I'll t-'.::lll.\'I')' (,j lh.. tr,I(,:t j L hd~:i l""'lI d,'h'nuilu"'d llt.lt 1.I1f" 0":,,1-1 i"1" .'I'!lV"y.II,..," holv,! di:;"I"!',1!lCi".., Whl"h \"':.ll,lt itl ,'~:..lu::i"ll lr..'ta III,.' 1'/"l)I",.lly '1lIj"C'.'111 Lllld ,ll1d 1').1.1.,;..1'",,: 11::('" in l"'1IJlll,'.l.i"11 \;'ill, lli,. l.l,u'l d" d li'nll":;il,' h~' 1',\'J'llh:l!. I:. ',I....'-'IJ/II,U:I!:. 'dlld RECORD OF rnOCEEDlr~GS 100 Leave. Regular ~leeting '~;.. ~'",;'~ ".:.~'-''::''~-''._''.' -~, --.=-------::::::_-.;:.-=;..;::~~~=-=- - - ~~._-_._-~._- .--.-.-.---- --------.---- - -------;:- --::.=----==--== November 5, 1974 Brinkman, cont'd I .Hotion I>UBOJVISION - Bene<.fi c't-~;x'('Inp ticn J ." Aspen Planning and Zoning and that the P & Z had accepted that prcmize. He said that because of the recent changes in. the Planning Office's position towards puT-king: they recommended that Ms. Brin}~man he allowed to have the parking lot. Dr. Barnard asked Hs. Brin):;niln if she had provided off- str.eet p~rking for her restaurant and when she said that she had not been allm'led to, Schiffer explained that when her project came up before them, they ~Iere just getting into the problclil of parking and the Planning Department rccor.unrmc1cd no off-street parking. Barnard said it \la5 one thi.ng to say youlll do a building and not have to have off-street ,parkirig but another thing when the parking is to be a paying situation. \.Tenkins explained that Council went from cnp position on parking to another saying that they ,...crc going to "accomodate the car: while trying 1.:.0 deemphasize the car". Jenkins said that his feelings wer<~ Fositiv,:~ nt thitt tiIlle to\iD,rc1~; this ?asiton and that if tha~ is t~cir objectivQ still, then the building should provi~2 parking. . Hs. Brinkman said that when she had remodeled the building. she had offered 21 free parking spaces and the rest to be paid parking. The City would not let her give the spnc0s. A year Inter, she still has. the unimproved lot. which leaks b.":'l.d and she CiJn I t pay the ta;~e3 o~ it. S~:~ said that she could have had it landscaped buy that it teJ .4 months to get in f,ont of thep & Z and she lost her investors beCClUSt~ of 'it. Nm" she ~...antc.d to get her money back by charging for the parking. She said that i.t \,;ould .not always be a parking lot and she had talked .to Jerry DeFries of the l'1otherlode about a "greenbelt" in that area. Barnard felt that the situation had changed and that she should have to provide the parking just as he had to do when he allowed a restaurant into his building. Schiffer said that he would like to see her ~ew tenants comply with nC\<l p<1:t:}~ing requirements in terms of buyout pa.rking frc!TI her or frcl~ the City. Ms. Brinkman protested that all the .peoplc in her building had already signed leases and she didn I t kno\.... hm.... she could make them comply. Jenkins sZlid thnt the 'gcJ.IllC had chnngcd Clnd .\'londcrcd \1hcn they \Vould have a study session on the parking problem. Sch.if.f(~r swid th<~t it had been s~hoduled for a past meetin{ but they had h<:1d a study session '"lith Council instead. Burnard moved that they remove that the building complies with rc~ql!.irC'r.\cmts of the recommended seconded. All in favor, motion the condition the permanent zoning code. carried. provided parking Jenkins ~:ojo explained that when the Benedict. Land and Cattle Co. sold to Benedict. .:tnd his "life the land on Riverside Placer it '\'~'!: notr-c1 t-h:lt .:1 mi!3t,....J~(' h., ,"1 hf'pn rr..:"1(1~. A line l-:H'c:nn,' fI fon,~,.,! !l;JlIl"I,'HY .1 j,li' II:: ('l'j.'(':;~'~~ 01\,' t!~"()llI!h tlv.' ! i.. 'l'hc rh'lll'dj<:t.:~ \':l'l",-' <1k~~ill\j Lor .:ui'l.'.XL'u:pLioJJ from ~;t1j'(li\'i:;il) to corrt~ct the records. Behi ffc;r ils];.C!d r,ts. H'-1l1cllllonc, \o/ho "'llS r.cprc~:icnti.ng the n(~nl:d.icl":>, if II .pldt w('rt:.' .l:ccnnlc<1 find if tile c1c~>rTif'l.ion nil 1111' 111'1'(1 (ljc1I1't: conform \V'ith tile pluto Ns r-1.:l(llLiloIlP 1'.,I'J,lillld 1l:,I~ I 111'1,' \o.'d~j not ,d,ll, 'j\l~;t. d It,,'I,': ,111,1 I. d,':a.J" jl'l. iUlI \.,llil'll 11,111 IIVl'11 dUllt, llY PUC'/l,lll ,':: till il't'. ''''IiL'H t:Iwy hiHl th(~ lilJ1l1 J:t'1illrveyed by 'l'rit:'o a ypar "'\10, 1I! I _'Ju' .- ~. ~",ion " .::Ot.ion Brinkman Duplex .; j _0 Lion : '."':(~\'lood Condominiums .; oLion tion surveyors found several discrr~1ncics~ Barnaro moved that the Benedict ex(~rnption be granted on the grounds that they arc not \.,itllin the intents .:lnd purposes of subdivision. Johnson seconded. All in favor, motion carried. Maddaloncs, located ,next to the Benedicts, were also in need of an exemption to correct the deed. Johnson moved that the Haddalone exemption be granted on the grounds that they are without the purpose of the definition of subdivision. Jenkins seconded~ ~ll in favor, motion carried. Request was made to condominimize an existing. duplex on Lot 1, BlocK 23, West Aspen Subidivision. Mojo felt that. it should b2 exempt from the definition of subdivision becaus2 of platted lots and blocks. Barnard moved to grant an exemption from subidivision and Jenkins secopded. All in favor, motion carried. Attorney Jon Mulford represented the Red\;ood Condomini\ms and Anthony Castellack \>:ho \olould like to be exempted from Subdivision regulations becuusc the building btlS existed for years und has utility and water hookups. Ther( would be h\'o potential owners, John Prosser and Dt.,is-ht ShellmCli1~ '\-/ha \\'ould use it for employee housing. Barn6.Jc quest.ioned \\'hcthcr it was on platted lots and blocks 2nd. Nr. Hulford exp).ained that tbe portion Castellack o\ms he purchased from the Railroad years ago. Barnard stated tha the 1.01.\.' \'I.:1S clear that if it is not on lots and bloc;::::: f then it comes under Subdivision. Mulford argued that tL.:: definitj.on refers to concerns over access and utilities Dnd they have taken care of both of those problems. Mojo said that the Planning Office didn't really understanC. .about the access of the road. Johnson asked if there was an easement to the road and Hulford said that there Vlasn It one. ._.. Mojo said that the Planning Office couldn't recommend approval since it is without the intents and purposes of Subdivision and Stanford said that the purpose of those regulations is to rn.J.ke sure any devlopmcnt that happens .happens according to certain standards. Schiffer suggested tabling the action until tbe .roild ease~ mcnt problem is worked out with the Planning Office. Barnard moved to table the mot.ion until the Planning Office has a ch.:-mcc to rcscarch the rOild access problem. Jenkins seconded. All in favor, motion carried. Barnaru moved that they have a ct1.1'.ly session problems for after the next rcgul......l... n1eeting. seconded. All in favor, motion carried. on the parking Johnson . Sl.:1n(oro ~.:1ic1 that anot!-wI. subject thq Commission should discuss \.,ould be th{~ housi.ng problem. ",ll'nkins movt:d to ilc1journ ,1und Johnson seconded. All in Llvor, meeting adjournl'd at 5:3Cf' p.m. / / . '/ /L . _'~.;'::~~:.._.o._. (J<'I'ULy CiLy Clerk _L I '-- &/7k~7 if /71100 Leaves . RECORD OF PROCEEDINGS FMII, 1~ C. t. HOECKEL B. B. !t l, C". RESOLTUION NO. ,5,1 (Series of 1974) WHEREAS, the BENEDICT LAND AND CATTLE COMPANY has previously Qeeded to PATRIC1A E. 11ADDALONE a tract of land situated in the SW ~of the NE ~ of Section 18, T 10 S, R84W of the Sixth Principal Meridian, Pitkin County, Colorado, which conveyances are recorded at Book 244 page 944 and Book 267 pages 26 and 27 of the records of the Pitkin County Clerk and Recorder, and WHEREAS, on resurvey of the tract it has been determined that the earlier conveyances have discrepancies which result in exclusion from the property adjacent land and roadways used in conjunction with the tract as a home- site by PATRICIA E. ~~DDALONE, and WHEREAS, the BENEDICT LAND AND CATTLE COMPANY wishes to convey additional lands to PATRICIA E. MADDALONE north and east of the homesite and do so by deed, and WHEREAS, the Aspen Planning and Zoning Commission has considered, pursuant to Section 20-10(b) of the Aspen Municipal Code, the proposed conveyance and determined it to be without the intents and. purposes of Chater 20; and did by Resolution in , 1974, recommend to the City Council that it exempts the con- veyance from the definition of a subdivison and waives NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL t the requirements of said Chapter 20, OF THE CITY OF ASPEN, COLORADO: That the parceling and conveyance of the following described tract of land from the BENEDICT LAND AND CATTLE -', RECORD OF PROCEEDINGS 7 , vL}; c 0 (l1i~, . ~0ftM.. c." HOECKEL 8. .. 8 ~. C1, RESOLUTION NO. =::' '7 (Series of 1974) WHEREAS the BENEDICT LAND AND CATTLE COMPANY had conveyed a home site to FREDRIC A. BENEDICT and FABIENNE BENEDICT containing approximately 3.381 acres located within the SW ~ NE ~ of Section 18, TIOS, R84W of the sixth Principal Meridian, Pitkin County, Colorado, and recorded at Book 256, page 553, of the records of the pitkin County Clerk and Recorder, and WHEREAS, upon resurvey of the tract it has been determined that an error in the description in the origianl conveyance had been made, that although it was the intent in the grant to convey to the centerline of the Roaring Fork River, the survey description.as made does not close in such a manner so as to include a considerable parcel up to and including part of the river bed, and WHEREAS, the BENEDICT LAND AND CATTLE COMPANY wishes to reconvey to FREDRIC A. BENEDICT and FABIENNE BENEDICT ,. by correction deed to redefine the homesite description so as to convey as originally intended, and WHEREAS, the Aspen Planning and Zoning Commission pursuant to S 20-10(b) of the Aspen Municipal Code, has determined that this resubdivison of land is not within the intents and purposes of Chapter 20, Subdivison Regulations and by its Resolution made 1974, did recommend to the City Council that the reconvey- ance be exempted from the definition of subdivision and the requirements of Chapter 20 of the Municipal Code be thereby waived, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: :l ~ RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING AN EXEMPTION FROM THE DEFINITION OF SUBDIVISION WHEREAS, the BENEDICT LAND AND CATTLE COMPANY has previously deeded to PATRICIA E. MADDALONE a tract of land situated in the SW ~ of the NE ~ of Section 18, T 10 S, R84W of the Sixth Principal Meridian, pitkin County, colorado, which conveyances are recorded at Book 244 page 944 and Book 267 pages 26 and 27 of the records of the Pitkin County Clerk and Recorder, and WHEREAS, on resurvey of the tract it has been determined that the earlier conveyances have discrepancies which result in exclusion from the property adjacent land and roadways used in conjunction with the tract as a home- site by PATRICIA E. HADDALONE, and WHEREAS, the BENEDICT LAND AND CATTLE COMPANY wishes to convey additional lands to PATRICIA E. MADDALONE north and east of the homesite and do so by deed, and WHEREAS, the Aspen Planning and Zoning Commission has considered the proposed conveyance and determined it, pursuant to Section 20-10(b) of the Aspen Municipal Code, to be without the .intents and purposes of Chapter 20, and wishes to recommend to the Aspen City Council that it grant an exemption from the definition of a subdivision to this proposed division of land, NOW, THEREFORE, BE IT RESOLVED BY THE ASPEN PLANNING AND ZONING COMMISSION: 1. That the parceling and conveyance of the following described tract of land from the BENEDICT LAND AND CATTLE COMPANY to PATRICIA E. MADDALONE be and hereby is recommended to the Aspen City Council for exemption from the definition of a subdivision set forth in Section 20-2(a) of the Aspen Municipal Code: ~ A tract of land situated in the SW ~ NE ~ of Section 18, Township 10 South, Range 84 West of the 6th Principal Meridian, Pitkin County, Colorado. Said tract is part of the Riverside Placer, M.S.3905 AM., and is more fully described as follows: Beginning at the Northwest corner of the Maddalone tract, a point on line 8-9 of said Riverside Placer, whence corner 9 of said Riverside Placer bears south 392.05 J;eet; Thence North 100.00 feet along said line 8-9; Thence East 125.00 feet; Thence S 28030'00" E 132.58 feet to a point on the westerly line of the Benedict Home Site tract; Thence S 15013'00" IV 138.34 feet along the westerly line of said Benedict Home Site tract to the center of the Roaring Fork River; Thence West 1.95 feet to the Southeast corner of said Maddalone tract; Thence North 150.00 feet along the easterly line of said Maddalone tract to the Northeast corner of said Maddalone tract; Thence West 150.00 feet along the Northerly line of said Maddalone tract to the point of beginning con- taining 0.424 acres, more or less. 2. That the Secretary to the Planning and Zoning Commission make known this recommendation to the Aspen City Council for action at its earliest possible convenience. Date 11/)/1'7<( / J. Z ning I, ,L-<- /.Ldv , duly appointed and acting deputy City Clerk and secretary to the Aspen Planning and Zoning Commission do hereby certify that the foregoing Resolution was adopted by the Commission at its meeting held AA1-V-e,,~""'- 6'dc , 1974. ~~ /Y. d-/~v RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOM}1ENDING AN EXEMPTION FROM THE DEFINITION OF SUBDIVISION WHEREAS the BENEDICT LAND AND CATTLE COMPANY had conveyed a home site to FREDRIC A. 3ENEDICT and FABIENNE BENEDICT containing approximately 3.381 acres located within the SW ~ NE ~ of Section 18, TIOS, R84W of the sixth Principal Meridian, Pitkin County Colorado and recorded at Book 256, page 553, of the records of the Pitkin County Clerk and Recorder, and WHEREAS, upon resurvey of the tract it has been determined that an error in the description in the original conveyance had been made, that although it was the intent in the grant to convey to the centerline of the Roaring Fork River, the survey description as made does not close in such a manner so as to include a considerable parcel up to and including part of the river bed, and WHEREAS, the BENEDICT LAND AND CATTLE COMPANY wishes to reconvey to FREDRIC A. BENEDICT and FABIENNE BENEDICT by correction deed to redefine the homesite description so as to convey as originally intended, and WHEREAS, the Aspen Planning and Zoning Commission, pursuant to Section 20-10(b) of the Aspen Municipal Code, has determined that this resubdivision of land is not within the intents and purposes of Chapter 20, Subdivision Regulations, and to recommend an exemption from the application of the requirements of said Chapter 20, NOW, THEREFORE, 3E IT RESOLVED BY THE ASPEN PLANNING AND ZONING COMMISSION: 1. That the conveyance by the BENEDICT LAND AND CATTLE COMPANY to FREDRIC A. BENEDICT and FABIENNE BENEDICT of the fOllowing described tract shall be and hereby is recommended to the City Council for exemption from the .,' definition of subdivision and immune from the requirements of Chapter 20 of the Aspen Municipal Code: A tract of land situated in the SW ~ NE ~ of Section 18, Township 10 South, Range 84 West of the 6th Principal Meridian, pitkin County, Colorado. Said tract is part of the Riverside Placer, M.S. 3905 AM., and is more fully described as follows: Beginning pt a point whence corner No. 1 of said Riverside Placer bears S 46009'49" E 709.19 feet; TrenceS15013'99" W 385.00 feet to the cer.ter of the Roaring Fork River; Thence N 59012'00" N 230.00 feet along the centerline of said river; Thence N 88025'00" W 203.15 feet along the centerline of said river; Thence N 15013'00" E 381.00 feet; Thence S 70018'00" E 154.33 feet; Thence S 75015'00" E 265.12 feet to the point of beginning, containing 3.381 acres, more or less 2. That the Secretary of the Commission make known this recommendation of the Commission to the Aspen City Council for its action at its earliest possible convenience. Date 1//5/"7 ,I . J I / . p ncer SchYfer C airman , spen Planning and Z Commission I , .~<:_ /5~._<---:C/--- , duly appointed and acting deputy City Clerk and secretary to the Aspen Planning and Zoning Commission do hereby certify that the foregoing Resolution was adopted by the Commission at its meeting held <~71.e';-~V 5~ , 1974. ~__<<J d.-{.ij?~ /'