HomeMy WebLinkAboutcoa.lu.ec.534 E Hyman Ave.LotsO-S,Blk94.1982
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Aspen/Pitkin.Planning Office
130 sC?uth galenastreet
aspen;:)(()lor ad 0 81611
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April 27, 1984
Mr. Ted Mularz
Theodore L. Mularz and Associates
0019 Pacific Avenue
Aspen, CO 81611
Dear Ted:
This letter is to confirm the verification of your credit to construct a commercial
building on Lots 0 and P of Block 94 in Aspen (Hyman Avenue between Galena and
Hunter). Based on the P&Z and Council review of the Pitkin Center Building on lots
P and Q in 1981, prior to its demolition, and the subsequent lot split review in
1982 to allocate credits to the individual lots, following is what you may rebuild
by right:
Lot 0 - 2533.40 S F. (upon demolition of Cheap Shots)
Lot P - 2758.25 S.F. (from prior demolition)
Total 5291.65 S.F.
During the review prior to demolition, it was established that two housing units
falling within our affordability guidelines existed on the site. It is my deteomination
that this project is responsible for replacing one of those units. If this housing
unit is not replaced during the reconstruction process, it will be counted as a
debit against any commercial GMP application which may be submitted for Lots 0 and P
in the future. For the record, the other unit is the responsibility of any develop-
ment which takes place on Lot Q, which I show as having a commercial credit of
1997.35 square feet.
Please let me know if you need further information in this regard.
Sincerely,
0~
Alan Richman
cc: Jim Wilson, Building Dept.
Bill Drueding, Zoning Official
Paul Taddune, City Attorney
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THEODORE L. MULARZ & ASSOCIATES
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ARCHITECTURE
PLANNING
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25 April 1984
Mr. Alan Richman
Aspen/Pitkin County Planning Dept.
Aspen City Hall
130 South Galena
Aspen, Colorado 81611
Re: Carinthia Partnership Bldg.
project No. 8404-1
Dear Alan:
Pursuant to my meeting with Colette Penne on Tuesday,
24 April 1984, I am submitting the following data
for your review and verification.
1 ea, 3, 24 x 36 blueline prints showing square
footage calculations and allocations of
existing and demolished buildings on lots
0, P. & Q, Block 94.
ea, 24 x 36 blueline print showing footprint
of proposed building on lots 0 and P.
ea, 24 x 36 print of improvement survey made of
buildings on lots 0, P, Q, Rand S prior to
any demolition.
1 ea. 2, 24 x 36 prints of existing and demolished
buildings on lots 0, P and Q.
scale: y," = 1'-0".
1 ea, 4 pages of Memorandum to Aspen City Council
from Alice Davis, dated 11/16/81 regarding
demolition and replacement of buildings on
subject property.
1 ea. 6, pages of "Program Outline" for proposed
building.
The above information is being submitted to you in
response to the City Council motion which states the
following:
P.O.BOX166 ASPEN,COLORADO 81612 TELEPHONE 303/925.3365
,
Mr. Alan Richman
-2-
25 April 1984
"1. At the time the new structure is being
developed plans must be presented to the
Planning Office to determine if the
structure is consistent with the under-
lying zoning and area and bulk requirement
of the zone district or if further review
by the Planning and Zoning Commission or
City Council is necessary."
Pursuant to our brief discussion while I was in
Colette's office it is my understanding that, due to
the clarity of requirements, the review can be done
at a staff level without the need to go to the Planning
and Zoning Commission or the City Council.
It is the intention of my client to replace the 5118
square feet of commercial space after the Cheap Shots
building is demolished. It is also the intention of
my client to compete for the additional 3,882 square
feet allowed under present zoning through the Growth
Management Plan procedure. This competition for addi-
tional square footage will undoubtedly occur while
the allowable portion of the bUilding is under construc-
tion. Obviously, the design will be phased so that
regardless of the outcome of the GMP procedure, the
building will be a complete package. This will be
presented for review and approval to the HPC as well.
Since my client will be competing for square footage
in the GMP procedure I will appreciate your not making
the above information public.
I look forward to hearing from you regarding verifica-
tion of data submitted and our procedure as outlined.
Sincerely,
~h:O~~~Z
tlm/m
Encls.
cc: Carinthia Partnership
"
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CARINTHIA PROGRAM 8404-1
PAGE 1
REV. 26 APRIL 1984
CARINTHIA PARTNERSHIP BUILDING
LOTS 0 & P
ASPEN, COLORADO
RROJECT NO. 8404-1
EBQ!2BtH!
Q !J I b 1. ~ I;
Carinthia Partnership is Helmut Schloffer and Gerhard Mayritsch
who own and operate the Wienerstube restaurant. The Wienerstube
restaurant will be the prime occupant of the proposed building
when constructed. The restaurant will occupy the majority of the
first floor and basement areas with remaining space being made
available to tenants.
The building will be constructed on Lots 0 and P, Block 94 in the
City of Aspen.
* * * SIT E * * *
The site is on the north side of Hyman Avenue, adjacent and to
the east of the Mason and Morse Building, where "Cheap Shots" is
currently located. To the east is the Pitkin County Bank which
is on the northwest corner of Hyman and South Hunter Streets.
There are three lots between the Mason and Morse Building and the
Pitkin County Bank. One lot adjacent to the bank building is not
owned by the Carinthia Partnership and will remain vacant. The
existing Cheap Shots structure will be demolished prior to
construction.
The site and structure are subject to the City of Aspen Growth
Management Plan and approval by the Historic Preservation
Committee. Although subject to the GMP, construction can begin
as soon as a building permit is issued since credit will be given
for commercial space demolished. In December of 1982 a
Subdivision Exception was filed and Lots 0, P, and Q were divided
to enable them to be sold separately. Commercial space
allocations were made for each of the lots on the basis of
existing or recently demolished commercial space. Lot 0 retained
a credit of 2,533.4 sq. ft. and Lot P retained a credit of
2,758.25 sq. ft. of commercial space development rights.
Consequently, 5291.65 square feet of commercial space can be
built on lots 0 and P without the need to go through the GMP
process. The square footage attributable to housing in the
demolished structure can be replaced as housing in the new
T.L. MULARZ & ASSOC.
0019 PACIFIC AVE.
ASPEN, COLO. 81611
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CARINTHIA PROGRAM 8404-1
PAGE 2
REV. 26 APRIL 1984
structure subject to Pitkin County housing guidelines, however,
it will not count towards housing to be provided for credit in
the GMP process since it will be replacing hDusing previously
demolished. Since the total buildout as allowed by F.A.R. is
9000 square feet, an additional 3,708.35 square feet can be built
but will be subject to te Growth Management Plan. Ths amount of
square footage can be increased if up to 1,800 additional feet of
floor area is assigned to housing. However, the total building
area attributable to Floor Area Ratio cannot exceed 12,000 square
feet.
The above square fDotages have been researched and verified by
Alan Richman Df the Aspen/Pitkin County Planning Department.
* * *
S T R U C T U R E, 0 R I E N TAT ION
* * * C H A R ACT E R * * *
* * *
The building will have a full basement, devoted primarily to
storage, and a first floor and a second floor. The entire
building will be planned initially even though the second floor
will be subject to the Growth Management Plan. If pDssible the
Partnership would like to begin constructiDn Dn the basem~nt and
first floDr while the secDnd flDDr is gDing through GMP ~pprDval.
The
the
open
basic building fDrm will be an "L" shape with the lDng leg of
L on lDt 0 and the short leg o~ the L on lot P. All required
space (6000 X 25% = 1500 sq. ft.) will be on lot P.
The prime building material will be brick tD blend with the
Pitkin County Bank. Exposed pitched roof material will be "micro
zinc" as manufactured by Ball. Since the building is in the
Historic Overlay district it will need tD cDnform tD the
cDntemporary VictDrian character established by the adjacent
buildings.
The Wienerstube restaurant will DCCUPY the nDrth portiDn of the
first floDr. It is anticipated that a tenant will occupy the
southwest section of the first floor. The first floor is to be
at natural grade to allDw outdDDr dining to be at the same level
as the restaurant. This will also eliminate the need fDr a ramp
for the handicapped. The Dpen space will be used for summer
breakfast and lunch service similar to the present Wien~rstube
restaurant.
As much as possible Df the south facade should be glass for
exposure to the street. However, consideratiDn must be given tD
the use of canvas awnings Dr SDme Dther means Df sun control.
A rear yard ~etback of 10 feet should be provided for trash,
T.L. MULARZ & ASSOC.
0019 PACIFIC AVE.
ASPEN, COLO. 81611
,
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CARINTHIA PROGRAM 8404-1
PAGE 3
REV. 26 APRIL 1984
transformer and parking.
* * *
SPA C E
R E QUI REM E N T S
* * *
FIRST FLOOR
WIENERSTUBE RESTAURANT
1. ENTRANCE VESTIBULE (30 sq. ft +/-)
The vestibule is to serve as an air lock with glass doors.
It should be minimal in size but comfortable for ingress and
egress.
2. BAR/HOLDING AREA
The bar area will also be used as a "holding" area for wait-
ing customers. It should be convenient in location to the
entrance vestibule.
The bar itself should accommodate about 12 bar stools with
an appropriate back bar. Cocktail tables will be provided
to seat an additional 20 +/- people. Much of the existing
bar and equipment will be reused in the new building.
The bar area should not occupy prime space near the south
windows. Instead, it can occupy a darker area of the res-
taurant which does not have windows and outdoor exposure.
Gerhard and Helmut will locate equipment in the bar area
once the space is allocated in the building design.
3. DINING AREA (1500 sq. ft. +/-)
The dining area should be made up of smaller areas that to-
gether will seat 80 to 100 people at tables. (An allowance
of 15 sq. ft. per person minimum should be considered..)
Gerhard and Helmut feel that the Steak Pit restaurant is a
good example of a number of smaller rooms combined to
satisfy seating requirements. (Unlike Guido's which has all I
seating in one large room.) Seating will be at tables and
booths similar to the present Wienerstube. Consideration
will be given to the location of a greater number of tables
for two.
T.L. MULARZ & ASSOC.
0019 PACIFIC AVE.
ASPEN, COLO. 81611
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CARINTHIA PROGRAM 8404-1
PAGE 4
REV. 26 APRIL 1984
As much light as possible should come from natural lighting
and rear "dark" areas are to be avoided. Indirect lighting
will be the prime source of artificial lighting, however,
they do have some wrought iron fixtures in storage which
they may ciloose to reuse.
The dining areas must be convenient to the entry bar and
kitchen areas with a minimum of cross circulation. Rest
Rooms should be readily accessable but not conspicuous to
the dining areas. Ceiling heights in the dining areas, as
well as in the entire first floor, are to be 12 ft.
4. KITCHEN (500 sq. ft.)
Gerhard and Helmut will plan the kitchen when the space is
allocated in the design.
The kitchen, in addition to its proximity to and availa-
bility from the dining room, must have a direct acces to the
basement storage areas. A stair to the basement storage
areas will be provided for exclusive use by employees and
will not be available to the public. Direct access must
also be provided to the alley delivery and trash areas.
Provide high windows for natural light wherever possible.
5. OFFICE (65 sq. ft. +/-)
The office should be located adjacent to the kitchen, near
the rear entry, and if possible it should have a window
from where the cash register and customers can be seen.
The office can have a minimal ceiling height with an eleva-
ted floor. The space below the office floor can then be
used for storage.
6. TOILET ROOMS
Toilet rooms are to be located on the first floor if at all
possible. If space can be better utilized by locating the
toilet rooms in the basement this will be acceptable.
However, the circulation must not allow tenant access to the
restaurant or cross traffic with restaurant employees. If
the toilet rooms are located in the basement one locked
hadicapped toilet should be located on the first floor.
This toilet would be available to both sexes and would be
kept locked for all customers except the handicapped. (Such
T.L. MULARZ & ASSOC.
0019 PACIFIC AVE.
ASPEN, COLD. 81611
.....,#
CARINTHIA PROGRAM 8404-1
PAGE 5
REV. 26 APRIL 1984
a proposal needs verification and approval from the Pitkin
County Sanitarian.)
Minimum state of Colorado requirements for a restaurant of
this size are:
MEN: 1 water closet
2 urinals
1 lavatory
WOMEN: 2 water closets
1 lavatory
7. TENANT SPACE
The tenant space will occupy the southwest corner and should
be as large as possible after restaurant requirements are
satisfied.
Access should be provided to the basement storage space.
Provide a small toilet room with water closet and sink.
The tenant space should be organized in such a way that it
can be divided into smaller tenant spaces with independent
access.
BASEMENT
Basement space without natural light and ventilation classified
as "uninhabitable" and used for storage is not included in the
square footage that determines floor area ratio. (F.A.R.) The
basement will be used for the following:
1. TENANT STORAGE
2. RESTAURANT STORAGE
3. WALK-IN COOLERS
4. MECHANICAL ROOM
Restaurant toilet rooms will be located in the basement if space
is not available on the first floor.
T.L. MULARZ ~ ASSOC.
0019 PACIFIC AVE.
ASPEN, COLO. 81611
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CARINTHIA PROGRAM 8404-1
PAGE 6
REV. 26 APRIL 1984
SECOND FLOOR
The entire second floor will be devoted to tenant space.
Consideration can be given to the replacement of one or both of
the housing units that were demolished. Ceilings on this floor
can be 8 or 9 feet high.
Provide required stairs and access within the building space.
MISCELLANEOUS
1. The kitchen hood is to be exhausted through the north wall.
2. Consider the use of "swamp coolers" for cooling the restau-
rant, or a heat-pump system for heating and cooling. Ade-
quate ventilation must be provided for comfort.
3. The required area for trash and transformer is 25 ft. long,
10 ft. deep, and 10 ft. high. This area should be adjacent
to lot "Q" so the transformer can be shared with lot Q.
Remaining space along the alley will be used for off-street
parking parallel to the alley.
Submitted by,
'-7' ~-,L "--tn~
Theodore L. MU1arS!, AlA
tlm:t
T.L. MULARZ & ASSOC.
0019 PACIFIC AVE.
ASPEN, COLO. 81611
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CITY OF ASPEN 0
MEMO FROM GARY S. ESARY
Feb. 7, 1983
Les:
This document is ready for the
Mayor's signature. Please ask him to
sign it and then have it forwarded to
Kathy Koch for attestation and recording.
thanks,
~.
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STATEMENT OF EXCEPTION FROM THE
FULL SUBDIVISION PROCESS FOR THE
PURPOSE OF DIVISION OF LOTS WITHIN THE
ORIGINAL ASPEN TOWNSITE INTO SEPARATE PARCELS
WHEREAS, the provisions of Section 20-19(a) of the
Aspen Municipal Code, as amended, provide that, following receipt
of a recommendation from the Planning Commission, the City
Council may except particular division of land from the full
subdivision process set forth in Chapter 20 of the Code, when, in
the judgment of the City Council, such division of land meets
certain conditions as contained in Section 20-19(a); and
WHEREAS, pursuant to Section 20-19(a) of said Code,
William G. Clark, d/b/a Hunter Street Associates Joint Venture,
requested such an exception for the subdivision of the real
property known and described as:
Lots 0, P, Q, Rand S, Block 94,
City of Aspen, Pitkin County,
Colorado
WHEREAS, the Aspen Planning and Zoning Commission, at
its meeting held December 7, 1982, recommended approval of such
request, and
WHEREAS, the City Council (referring to an earlier
exception granted to this property by the Aspen City Council on
November 23, 1981) has confirmed that the proposed lot split is
within the requirements of Section 20-19(a) and should be
excepted from the full subdivision approval process.
THEREFORE, the Aspen City Council, pursuant to Section
20-19(a) of the Aspen Municipal Code, as amended, does hereby
determine and declare that the proposed sub~ivision of the
property above described into four (4) separate parcels to be
known as Lots 1, 2, 3, and 4, Pitkin Center Subdivision (a lot
split), is hereby excepted from the strict requirements of
Chapter 20 of the Aspen Municipal Code, subject to the following
condition:
.
As provided in Section 20-5(b) of the
Aspen Municipal Code, the lots described
below cannot be transferred without a
development allocation or credit. The
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current commercial development credits
~ranted on November 23, 1981, by the
City Council for each lot are as
follows:
"",
Lot 0 (Lot 1):
Lot P (Lot 2):
Lot Q (Lot 3):
Lots R&S (Lot 4):
2,533.4 'sgu"are feet
2,758.25 square feet
1,997.35 square feet
8,522.49 square feet
The foregoing commercial development credits,
or portions thereof, cannot be transferred
among the five lots or cumulated on one lot
unless reviewed and approved by the City of
Aspen Planning Office. Said review shall be
made solely to ensure that each lot is not
left without a reasonable development right,
or, if no reasonable development right
exists, that a covenant is recorded to
prohibit the transfer of the lot without
first obtaining a development right. The
commercial development credits may be
increased if the owner of the lots competes
and obtains a commercial allocation for
additional square footage in accordance with
the applicable procedures from time to time
existing.
DONE this 27th day of December, 1982, by the Aspen City
. Council at its regular meeting held on said date.
HERMAN EDEL, MAYOR
KATHRYN S. KOCH, CITY CLERK
APPROVED AS TO FORM:
PAvLJ: TA-DDv~E. ~~.
Paul J. Taddune': frk.1 I'\B~ .
City Attorney I
STATE OF COLORADO
ss.
COUNTY OF PITKIN
The foregoing instrument was duly acknowledged before
me this day of , 1983, by HERMAN EDEL
and KATHRYN S. KOCH, personally known to me to be Mayor and
City Clerk of the City of Aspen, Colorado, respectively.
Witness my hand and official seal.
My commission expires:
Notary Public
Address
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DENVER QFFTCE
SUITE 2900
555 SEVENTEENTH STREET
DENVER,COLORADO e020a
TELEPHONE (303) 575-8000
TELECOPIEFl (:303) 575-8261
HOLLAND & HART
ATTORNEYS AT LAW
WASHINGTON, D. C. OFFICE
SUITE 1200
1875 EYE STREET, N. W.
WASHINGTON, O. C. 20006
TELEPHONE: (202) 466-7340
TELECOPIER {2021466-7354
600 EAST MAIN STREET
ASPEN, COLORADO 81611
TEeEPHONE (3031 925.34t:!ECEIVEO
MONTANA OFFICE:
SUITE 1400
175 NORTH 27TH STREET
8tLLlNGS,MONTANA 59101
TELEPHONE: (4061252-2166
TELECOPIEFl (40el 252-1669
CHARLES T. BRAN DT
(303) 925-3476
. ". -, ,~
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'1983
WYOMING QF"t1CE:
SUITE 500
2020 CAREY AVENUE
CHEYENNE,WYOMING 82001
TELEPHONE: (307) 632-2160
TELECQPIEFl 1307) 776-6175
City ATTORNEY'S OffICe
January 26, 1983
S. E. DENVER OFFICE
BUILDING S-SUITE 4002
5S55 DTC PARKWAY
ENGLEWOOD. COLORADO 80111
TELEPHONE (303) 575-8350
Mr. Gary Essary
Assistant City Attorney
City of Aspen
130 South Galena
Aspen, Colorado 81611
Re: Pitkin Center Subdivision Exception
Dear Gary:
Accompanying this letter is a revised Statement of Exception
containing the changes you requested. If the statement is now in
form satisfactory to you, please obtain Paul's signature and
deliver it to Kathy Koch for execution by her and Mayor Edel. The
plat has been approved by Jay Hammond and has been delivered to
Kathy for signing.
Please call if any further changes need be made.
Very truly yours,
CL0.L-
Charles T. Brandt
for HOLLAND & HART
CTB/bb
Enclosure: Statement of Exception
CC to: William G. Clark (w/encl.)
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WHEREAS, the provisions of Section
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Municipal Co~rovide that, following
STATEMENT OF EXCEPTION FROM THE
)m. lll~'tm. L SUBDIVISION rj24<<=--~'>
~f- TI\'E. f'~A>se. c* O.J.S'~ of- LOT'> f.UITl't1'" ~
cfl.'4.,.>k\- Ar,plS+) .,""'tJ.$.~ I~ ~u~ p~'
<t
20-19(~Of the
Aspen
receipt of a
recommendation from the Planning Commission, the City Council may
~ ~u"
e'?;cept particular division of land from the a....r.:.ulL.:."'.. [ ~
I?["~ ~w ?FO /
subdivisiorlfset forth in C) " -. 'I ) of the Code, when, in
the judgment of the City Council, such division of land :. I I'
~o<~:~ c."..1'+'''';'' ~+...,.:u..:... ~ 'd<-''1(c>);
. L. 1... . . , '.L L. A F h...:J'" , " - - i:, and
yy" .. _ .. _ -'" ........ J?nv..r....nC!C> n ....., .. .... -- ...
WHEREAS, pursuant to Section 20-19(~Of said Code,
william G. Clark, d/b/a Hunter Street Associates Joint Venture,
requested such an exception for the subdivision of the real
property known and described as:
Lots 0, P, Q; Rand S, Block 94,
City of Aspen, pitkin County,
ColoradO
WHEREAS, the Aspen Planning and Zoning Commission, at
its meeting held December 7, 1982, recommended approval of such
request, and . _1,<<roH '11j~Ji1:)
((~(") ~ ~... +.. f. lir,,~.~'J.ifll ""'6,r~
WHEREAS, the City Council has ~___. that the
If<- _. L' ...~.,-.}; ., ~ ~cH'i(..) ~.
proposed lot split is ....--within the '.Jt..L:.:L- _..J r--r--- Ii ---'
,....,J b. .....~ /;1"""' +- .lV"1 SJI"J,'t$;..... f-0'1L':-<' ~ . ,..~
~....halv lolvu .L~'::J.....l.........__Lr ---'-.
THEREFORE,
the Aspen City Council,
J :.. Section 20-19 (-;r of the
pursuant to Ll
_....LL.........:. L.l
1-'> tA-t-IM
Code does hereby determine and declare that the proposed
Aspen Municipal
subdivision of the property above described into four (4)
separate parcels to be known as Lots 1, 2, 3, and 4, Pitkin ~
. < ~ -4-~4 a;r>-""'" 5 !T.J ~J.. '''~
Center Subdivision (a lot split), ~ nLLL. ~ ~ 1..L_..__ -.. -------
r- r---- of Chapter 20 of the Aspen Municipal Cod~_ J J___
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. subject to the following condition:
As provided in Section 20-5(b) of the
Aspen Municipal Code, the above four (4)
lots cannot be transferred without a
development allocation or cred~'t. The
current commercial development c dits
granted on November 23, 1981~- Y the
Ci ty Council for each Lcrt are ~s . 01'-/ -il. 3( t.,) .A -rr C~)
follows: <- A (frY'J.J - ~~ .,.,.-;!" ~.-,<.
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Lot 0 (Lot 1): 2,533.4 square feet
Lot P (Lot 2): 2,758.25 square feet
Lot Q (Lot 3): 1,997.35 square feet
Lots R&S (Lot 4): 8,522.49 square feet
The foregoing commercial development credi ts/Ci" eqrt.;'> ~I
cannot be transferred among the five lots or
cumulated on one lot unless reviewed and
approved by the City of Aspen Planning
Office. Said review shall be made solely to
ensure that each lot is not left without a
reasonable development right, or, if no
reasonable development right exists, that a
~<=lIalll: 1", :....,.~~_J to prohibit the transfer
of the lot without first obtaining a
development right. The commercial
development credits may be increased if the
owner of the lots competes and obtains a
commercial allocation for additional square
footage in accordance with the applicable
procedures from time to time existing.
DONE this 27th day of December, 1982, by the Aspen City
Council at its regular meeting held on said date.
HERMAN EDEL, MAYOR
KATHRYN S. KOCH, CITY CLERK
COUNTY OF PITKIN
)
) ss.
)
STATE OF COLORADO
The foregoing instrument was duly acknowledged before
me this day of , 1983, by HERMAN EDEL
and KATHRYN S. KOCH, personally known to me to be Mayor and
City Clerk of the City of Aspen, Colorado, respectively.
Witness my hand and official seal.
My commission expires:
Notary Public
Address
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No. -17 - ?.2..
CASLLUAD SUMMARY SHEET
City of Aspen
1. DATE CERTIFIED COMPLETE: , STAFF: aMi" <'D;fA)f~
2. APPLICANT: 7/LurilP/I Jf}!7l..p/f a<J<:J.8C1~ff~ fJt'~(' U/YlLt/)t7/
3. REPRESENTATIVE: ()u.u:k 13u/]"')d.;C'
CJ.~'J-3Jj7& '
4. PROJECTNAl1E: p/fh.-n CMr...vt./ _'l!,M/!H~{;rrJ f:l{li?;~
5. LOCATION: f,..f'iG, OJ P Q, H iVnd 5 lJ/1r 91( t'h;>/v,-
6. TYPE OF APPLICATION:
~ !
,
4 Step:
GMP (
PUD (
)
)
Subdivision
j Subdivision Exception
( lot So/if
, I
)
2 Step:
GMP Exception (
Rezoning (
SPA
)
)
1 Step:
Use Determination
Conditional Use
_____Special Review (
)
HPC
No. of SterJs:
Other:
7. REFERRALS )t,o-u::iC{.c;0
,
~ttorney :
~Engineering Dept.'
_Housing
Water
_City Electric
//-5-8~
____Sanitation District
____Mountain Bell
Parks
Holy Cross Electric
~ire Marshal/Building Dept.
____School District
Rocky Mtn. I~at. Gas
'____State Highway Dept.
--.-.fire Chief
_Other
8. DISPOSITION
P & Z V
APproYed~ Denied
home. 1'6ndition~
a.c.,
Date--1):>rl'mb4r 7 /qn.
.
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Counci 1 if'
Approved ./
Oenied
Date_
1~/;)"7(g2.
c.out\c.i1 ~ ro.l\t€.d. "()..efrov~ D!:-
eS the request to divide Lots 0, P, Q and Lots Rand S, Block
94, Aspen Original Townsite, into four parcels. Approval is
subject to the following conditions:
1) As stated in Section 20-5(b) of, the Code, the four newly
created parcels cannot be transferred without a development
allocation or credit. The current development rights are
as follows:
Lot 0:
Lot P:
Lot Q:
Lots R&S:
2,533.4 square feet
2,758.25 square feet
1,997.35 square feet
8,522.49 square feet
9. PRE
At
En
He
_Wa
Ci
These development credits cannot be transferred among the five
lots or cumulated on one lot unless further approval is received
from the Planning Office. This review is to ensure that each
lot is not left without a reasonable development right or if no
reasonable development right exists,'that a covenant exists to
prohibit the transfer of the lot without first obtaining a
development right. These development credits can be increased
if the owner competes and wins a commercial GMP allocation for
additional space.
ct
It. Gas
( Dept.
10. PRE
P 8 2)
The four plat requirements requested by the Engineering
Department listed in this memorandum must be met prior to
recordation of the plat. ' -.
. 3) A statement of exception must be reviewed and approved by
the Attorney's Office and then recorded at the Courthouse.
Reference to this statement of exception must be added to
the plat.
,
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11. FINAL PLAT
Council
Approved
Denied
Date
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12. ROUTING:
if Attorney
VBuilding -LEngineering
Other
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CITY OF ASPEN ~
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MEMO FROM ALAN RICHMAN, A1CP
Assistant Planning Director
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM. Alice Davis, Planning Office
RE: Pitkin Center - Subdivision Exception
DATE: December 7, 1982
Location: 534 E. Hyman Avenue (Lots 0, P, Q, Rand S, Block 94)
Zoning: CC
Applicant's
Request:
The applicant is requesting approval for a subdivision exception
for the purposes of dividing Lots O~ P, Q, Rand S, Block 94
into four separate parcels consisting of Lot 0, Lot P, Lot Q
and the fourth parcel consisting of both Lots Rand S. This
request is made pursuant to Section 20-19(a) of the Code.
Section 20-5(b) of the Code allows no subdivision of land unless
there are development rights on the parcels created, therefore,
the conveyance of any of the four newly created lots cannot be
made without also transferring the development allotment or
development credit assigned to each parcel.
Planning
Review:
Office
In November, 1981, Pitkin Center recieved an approval from
Council permitting the demolition of the structures located on
Lots P and Q (Gracy's, Chip Chip Hooray, Erickson/Fuller Adver-
tising, Gabe's Ski Service and Ann Wolfe Stain Glass Studio)
and establishing an inventory of the development credits associated
with these demolitions. The approved development credit resulting
from the demolitions includes 887 square feet in two residential
units and 4,813 square feet of commercial space for a total of
5,700 square feet. Since there can be no expansion of commercial
floor area above what existed prior to demolition, only 4,813
square feet of commercial space can be rebuilt without obtaining
a GMP allocation. The 887 square feet of residential space
cannot be rebuilt as commercial space.
The Council approval also documented the possible future demolition
of Cheap Shots which contains 2,476 square feet located on Lot O.
At the time of demolition, Lot 0 will receive a development
credit of 2,476 square feet. An additional 57.4 square feet
which has already been demolished has been credited to Lot O.
The total development credit for Lots 0, P and Q after the demolition
of Cheap Shots will be 7,289 square feet.
After studying the previous plat submitted during the demolition
approval in November, 1981, the following illustrates how the
7,289 square feet development credit is distributed among Lots
0, P and Q:
Lot 0:
Lot P:
Lot Q.
TOTAL:
2,533.40 square feet
2,758.25 square feet
1,997.35 square feet
7,289 square feet
The above development credits must be transferred with each lot
if this subdivision is approved and the lots are sold.
The applicant is requesting subdivision approval via the subdivision
exception process since he feels the division does not violate
the orderly, efficient development of the City of Aspen, since
no good purpose would be served by requiring full subdivision
procedures and since denial would deprive the owner of reasonable
""-""
Memo: Pitkin Center
December 7, 1982
Page Two
use of his land. The Planning Office agrees that the subdivision
exception is the appropriate review procedure for the requested
division of land.
Referra 1
Comments:
The Attorney's Office had no comment on the application. The
Engineering Department stated that prior to recordation of the
plat, the following additions and charges should be made:
1) The plat should be titled as the Hunter Street Associates
Joint Venture Lot Split.
2) The individual parcels created by this exception should be
clearly delineated.
3) The encroachment of the building into Lot P should be
noted on the plat as should the fence around the existing
parking on Lots P and Q.
4) A surveyor's certificate and all necessary approval and
recordation signature blocks should be included.
Planning Office
Recommendation:
The Planning Office recommends that P&Z recommend the approval
of the request to divide Lots 0, P, Q and Lots Rand S, Block
94, Aspen Original Townsite, into four parcels. Approval is
subject to the following conditions:
1) As stated in Section 20-5(b) of the Code, the four newly
created parcels cannot be transferred without a development
allocation or credit. The current development rights for
each lot must remain as follows unless further approval
from the Planning Office is received:
Lot 0:
Lot P:
Lot Q;
Lots R&S:
2,533.4 square feet
2,758.25 square feet
1,997.35 square feet
8,522.49 square feet
These development credits cannot be transferred among the five
lots or cumulated on one lot unless further approval is received
from the Planning Office. These development credits can be
increased if the owner competes and wins a commercial GMP
allocation for additional space.
2) The four plat requirements requested by the Engineering
Department listed in this memorandum must be met prior to
recordation of the plat.
r
~/
MEMORANDUM
FROM:
RE:
Aspen City Council
Alice Davis, Planning Office
Pitkin Center - Subdivision Exception
TO:
DATE:
December 27, 1982
APPROVED AS TO FORM~~~~
Location:
534 E. Hyman Avenue (Lots 0, P, Q, Rand S, Block 94)
Zoning:
Applicant's
Request:
CC
The applicant is requesting approval for a subdivision exception
for the purposes of dividing Lots 0, P, Q, Rand S, Block 94
into four separate parcels consisting of Lot 0, Lot P, Lot Q
and the fourth parcel consisting of both Lots Rand S. This
request is made pursuant to Section 20-l9(a) of the Code.
Section 20-5(b) of the Code allows no subdivision of land unless
there are development rights on the parcels created, therefore,
the conveyance of any of the four newly created lots cannot be
made without also transferring the development allotment or
development credit assigned to each parcel.
Planning
Review:
Office
In November, 1981, Pitkin Center received an approval from
Council permitting the demolition of the structures located on
Lots P and Q (Gracy's, Chip Chip Horray, Erickson/Fuller Adver-
tising, Gabe's Ski Service and Ann Wolfe Stain Glass Studio)
and establishing an inventory of the development credits associated
with these demolitions. The approved development credit resulting
from the demolitions includes 887 square feet in two residential
units and 4,813 square feet of commercial space for a total of
5,700 square feet. Since there can be no expansion of commercial
floor area above what existed prior to demolition, only 4,813
square feet of commercial space can be rebuilt without obtaining
a GMP allocation. The 887 square feet of residential space
cannot be rebuilt as commercial space.
The Council approval also documented the possible future demolition
of Cheap Shots which contains 2,476 square feet located on Lot O.
At the time of demolition, Lot 0 will receive a development
credit of 2,476 square feet. An additional 57.4 square feet
which has already been demolished has been credited to Lot O.
The total development credit for Lots 0, P and Q after the
demolition of Cheap Shots will be 7,289 square feet.
After studying the previous plat submitted during the demolition
approval in November, 1981, the following illustrates how the
7,289 square feet development credit is distributed among Lots
0, P and Q:
Lot 0:
Lot P:
Lot Q:
TOTAL:
2,533.40 square feet
2,758.25 square feet
1,997.35 square feet
7,289 square feet
The above development credits must be transferred with each lot
if this subdivision is approved and the lots are sold.
The applicant is requesting subdivision approval via the subdivision
exception process since he feels the division does not violate
the orderly, efficient development of the City of Aspen, since
no good purpose would be served by requiring full subdivision
procedures and since denial would deprive the owner of reasonable
,/
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Memo: Pitkin Center
December 27, 1982
Page Two
use of his land. The Planning Office agrees that the subdivision
exception is the appropriate review procedure for the requested
division of land.
Referral
Comments:
The Attorney's Office had no comment on the application. The
Engineering Department stated that prior to recordation of the
plat, the following additions and changes should be made:
1) The plat should be titled as the Hunter Street Associates
Joint Venture Lot Split.
2) The individual parcels created by this exception should be
clearly delineated.
3) The encroachment of the building into Lot P should be
noted on the plat as should the fence around the existing
parking on Lots P and Q.
4) A surveyor's certificate and all necessary approval and
recordation signature blocks should be included.
P&Z and
Planning Office
Recommendation:
The Planning Office and P&Z recommend the approval
of the request to divide Lots 0, P, Q and Lots Rand S, Block
94, Aspen Original Townsite, into four parcels. Approval is
subject to the following conditions:
1) As stated in Section 20-5(b) of the Code, the four newly
created parcels cannot be transferred without a development
allocation or credit. The current development rights are
as follows:
Lot 0:
Lot P:
Lot Q:
Lots R&S:
2,533.4 square feet
2,758.25 square feet
1,997.35 square feet
8,522.49 square feet
These development credits cannot be transferred among the five
lots or cumulated on one lot unless further approval is received
from the Planning Office. This review is to ensure that each
lot is not left without a reasonable development right or if no
reasonable development right exists, that a covenant exists to
prohibit the transfer of the lot without first obtaining a
development right. These development credits can be increased
if the owner competes and wins a commercial GMP allocation for
additional space.
2) The four plat requirements requested by the Engineering
Department listed in this memorandum must be met prior to
recordation of the plat.
3) A statement of exception must be reviewed and approved by
the Attorney's Office and then recorded at the Courthouse.
Reference to this statement of exception must be added to
the plat.
Council
Action:
"I move to approve the request for subdivision exception for the
purpose of dividing Lots O,P,Q and Lots Rand S, Block 94, Aspen
Original Townsite, into four parcels. Approval is subject to
the three conditions listed in the Planning Office memorandum
dated December 27, 1982."
'"
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APPLICATION FOR EXCEPTION
FROM SUBDIVISION REGULATIONS
Request is hereby made on behalf of Hunter Street Associates
Joint Venture, (hereinafter referred to as "Applicant"), under
City of Aspen Municipal Code Section 20-19(a) for an exception
from the definition of the term "Subdivision" with respect to the
following described real property known as the Pitkin Center:
Lots 0, P, Q, R & S,
Block 94,
Original Townsite of Aspen.
Applicant hereby requests that the division of the above
described Lots 0, P and Q into three separate parcels and the
division of Lots R & S from the foregoing described lots into one
separate parcel be excepted, so as to permit division of these
Lots into four separate parcels. Lot 0 presently contains the
business known as "Cheap Shots", Lots P and Q provide parking for
pitkin County Bank and Trust Company and Lots R & S presently
underlie the Bank. A print of the Improvement Survey for the
Pitkin Center lots prepared by Survey Engineers, Inc. accompanies
this Application. The Survey was prepared prior to the
demolition of the 2 story building located on Lots P and Q.
The proposed division is not within the intent of Section
20-l9(a). First, the division does not violate the orderly,
efficient and integrated development of the City of Aspen, cause
public services to be provided by governmental improvement
programs, nor does it violate any of the other stated purposes of
the City of Aspen Subdivision Regulations; Sections 20-1, et ~.
Second, since the property involved consists of Lots within
the original Aspen Townsite, no good purpose would be served by
requiring the Applicant to comply with the strict application of
the provisions of the Subdivision Regulations.
Third, other owners of original Aspen Townsite Lots
similarly situated have been permitted to convey adjacent and
contiguous lots following subdivision exception; to deny this
.,p.,....
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application would deprive the owner of the reasonable use of its
land and deny a substnaital property right, the right to convey a
portion of its property for development consistent with the City
of Aspen Zoning Code.
Fourth, reference is made to Section 20-5(b), requiring a
development allotment pursuant to Article X of Chapter 24 before
subdivision (including exception) shall be approved. Lots 0,
P and Q have received an exception from complying with the Growth
Management Plan allotment procedures. This exception was granted
by the Aspen City Council on November 23, 1981 pursuant to
Section 24-11.2(a), a copy of which is attached hereto as
Exhibit "A". The exception permits the demolition of the
structures located on these lots and "credits" the property owner
with the commercial square footage existing on the property prior
to demolition. The two story building located on Lots P and Q
has been demolished and a small portion of the Cheap Shots
building on Lot 0 was removed. The square footage allotment
credits attributable to these lots is as follows:
Commercial Square
Feet:
Lot 0 - 2,533.40 square feet (remaining)
Lot P - 1,919.82 square feet first floor (removed)
1,341.31 square feet second floor (removed)
Lot Q - 1,236.82 square feet first floor (removed)
1,149.19 square feet second floor (removed)
Residential Square
Footage:
Lots P and Q - 887 square feet (removed)
The Applicant acknowledges that it is the intent of the
present Subdivision Regulations to prohibit the conveyance of
Lots 0, P and Q without also transferring the development
allotment or credit appurtenant to the lot or lots being conveyed
(S20-5(b)). Similarly, development allotments or credits may not
be assigned or transferred independently of the transfer of the
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real property on which the approval project was proposed or
credit existed (S24-11.3(h)). It is the Applicant's intent,
however, to utilize the square footage credits on fewer than all
of these lots, subject to area and bulk requirements, so long as
some or all of Lots 0, P and Q remain under one ownership
following a conveyance complying with the above-cited code
provisions.
A copy of Transamerica Title Insurance Policy showing title
held by William G. Clark, a joint venturer in Applicant, is
attached as Exhibit "B" to this Application.
.r'-
Dated this ~'-aay of October, 1982.
HOLLAND & HART
/.
By ~ ..t~~
Ch ~les T. Brandt
-3-
EXHIBIT "An
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C]Ilr1(.~~F'\'f\pIP }EI\T
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-303'i.~i5::2n2'o
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At the November 23, 1981, Council meeting, the following motion
,vas made:
Councilwoman Michael moved to grant an exception from GMP process
for the portion of commercial space in the Pitkin County Bank ,,,hich
will be demolished but \vill not be immedia'tely rebuilt (Lots 0,
P, Q, R, 5, Block 94, original Aspen Townshite). The delay in
reconstruction will not affect the owner's right to rebuild the
space if the following conditions are met (1) at the time the
ne\v structure is being developed plans mus't be presented to the
planning office ,to determine if the structure is consistent with
the underlying zoning and area and bulk requirements of the zone
district or if further review by the Planning and zoning Commission
or City Council is necessary; (2) there is no expansion of the
commercial floor area that exist.ed prior to demolition (7,289
square feet) and no more than the two original residential units
can be rebuilt; (3) the owner provides a ublityjtrash area with
all existing and proposed utility meters, pedestals, vaults
and transformers in this area at the time of reconstruction;
seconded by Councilman Knecht. All in favor, mo,tion carried.
I, Kathryn S. Koch, duly appointed and acting city clerk of the
City of Aspen, Colorado, do hereby certify that the above contains
a correct copy of an excerpt from the November 23, 1981, council
meeting.
Dated this 12th day of October 1982.
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Kathr{?lS. Koch, City Clerk
" ,,5. E A L
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STATEMENT OF EXCEPTION FROM THE
DEFINITION OF SUBDIVISION
WHEREAS, the provisions of Section 20-19(b) of the
Aspen Municipal Code provide that, following receipt of a
recommendation from the Planning Commission, the City Council may
except particular division of land from the definition of a
subdivision set forth in Section 20-3(s) of the Code, when, in
the judgment of the City Council, such division of land is not
within the intent and purpose of subdivision regulations, and
WHEREAS, pursuant to Section 20-19(b) of said Code,
William G. Clark, d/b/a Hunter Street Associates Joint Venture,
requested such an exception for the subdivision of the real
property known and described as:
Lots 0, P, Q, Rand S, Block 94,
City of Aspen, Pitkin County,
Colorado
WHEREAS, the Aspen Planning and zoning Commission, at
its meeting held December 7, 1982, recommended approval of such
request, and
WHEREAS, the City Council has determined that the
proposed lot split is not within the intents and purposes of
subdivision regulation,
THEREFORE, the Aspen City Council, pursuant to the
authority granted in Section 20-19(b) of the Aspen Municipal
Code, does hereby determine and declare that the proposed
subdivision of the property above described into four (4)
separate parcels to be known as Lots I, 2, 3, and 4, pitkin
Center Subdivision (a lot split), is not within the intents and
purposes of Chapter 20 of the Aspen Municipal Code and does
hereby waive the enforcement of the City subdivision regulations
with respect thereto, subject to the following condition:
As provided in Section 20-5(b) of the
Aspen Municipal Code, the above four (4)
lots cannot be transferred without a
development allocation or credit. The
current commercial development credits
granted on November 23, 1981, by the
City Council for each lot are as
follows:
"......
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Lot 0 (Lot 1):
Lot P (Lot 2):
Lot Q (Lot 3):
Lots R&S (Lot 4):
2,533.4
2,758.25
1,997.35
8,522.49
square feet
square feet
square feet'
square feet
The foregoing commercial development credits
cannot be transferred among the five lots or
cumulated on one lot unless reviewed and
approved by the City of Aspen Planning
Office. Said review shall be made solely to
ensure that each lot is not left without a
reasonable development right, or, if no
reasonable development right exists, that a
covenant is imposed to prohibit the transfer
of the lot without first obtaining a
development right. The commercial
development credits may be increased if the
owner of the lots competes and obtains a
commercial allocation for additional square
footage in accordance with the applicable
procedures from time to time existing.
DONE this 27th day of December, 1982, by the Aspen City
Council at its regular meeting held on said date.
HERMAN EDEL, MAYOR
KATHRYN S. KOCH, CITY CLERK
STATE OF COLORADO
)
) ss.
)
COUNTY OF PITKIN
The foregoing instrument was duly acknowledged before
me this day of , 1983, by HERMAN EDEL
and KATHRYN S. KOCH, personally known to me to be Mayor and
City Clerk of the City of Aspen, Colorado, respectively.
Witness my hand and official seal.
My commission expires:
Notary Public
Address
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DENVER OFFICE
SUITE 2900
555 SEVENTEENTH STREET
DENVER,COLORADO 80202
TELEPHONE (303) 575-8000
TELECOPI ER (303) 575-8261
HOLLAND & HART
ATTORNEYS AT LAW
WASHINGTON, D. C. OFFICE
SUITE 1200
1875 EYE STREET, N. W.
WASHINGTON, D. C. 20006
TELEPHONE (2021466-7340
TELECOPIER (202)466 -7354
600 EAST MAIN STREET
ASPEN, eOLDRAwO BI611
TELEPHONE (303)925-3476
MONTANA OFFICE
SUITE 1400
175 NORTH 27TH STREET
BILLINGS,MONTANA 5910\
TELEPHONE (406) 252~2166
TELECDPIER (406) 252-1669
CHARLES T. BRANDT
(303) 925-3476
WYOMI"lG OFFICE
su ITE. 500
202-0 CAREY AVENUE.
CHEYENNE,WYOMING 82001
TELEPHONE (307}e32-2160
TELECOPIER (307) 778-8175
October 26, 1982
S. E. DENVER OFFICE
BUILDING $-5UITE 4002
5555 OTe PARKWAY
ENGLEWOOD, COLORADO 80111
TELEPHONE (303) 575-8350
HAND DELIVERED
City/County Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: City of Aspen Subdivision Exception Application-Pitkin Center
Gentlemen:
Accompanying this letter are four copies of an Application for
Exception for Subdivision Regulations and four prints of an
Improvement Survey prepared by Survey Engineers, Inc. covering the
five lots comprising the pitkin Center property. Also enclosed is
our check in the amount of $475.00 payable to the City of Aspen
representing payment of the subdivision exception fee.
Please let me know if you need any additional information or
if you have any questions on this application. I shall look
forward to hearing from you when the matter has been set for
consideration by the City of Aspen Planning and Zoning Commission.
Very truly yours,
/''t~-~- -rf-z./
b:a'rles T. Brandt
for HOLLAND & HART
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Enclosures:
Application with check
CC to:
william G. Clark (w/encl.)
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..\LTA O......">SR.S POLlCY--.FOt.lM 8.-.1970
IAMENDED 10_17_70)
EXHIBIT "B"
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Poiacy (yt Title h1sm"ance
Issued by
1r1:1~T:~~~""~~B- ~r"'''fn-7 "'IT-f-}-~""\-~ r 't... c:-'::D'l";r'!?,,"-E'~ mlU:c,l r?'7'l.-,~rJ~.y.~",.!~;-".n"':Jl"
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SUBJECT TO THE SCHEDULE OF EXCLUSIO:\S FHOM COVERAGE, THE EXCEPTIONS CON-
TAINED IN SCHEDULE B AND THE PROVISlO:\S OF THE CONDITIONS AND STIPULATIONS
HEREOF, TRANSAMER1CA TITLE INSURANCE CO:l1PA1"i'Y, a Califomia c.orporation, herein called
the Company. insures, as of Date: of Policy s}lown in Schedule A, against loss or damnge, not exceeding the
amount of insurance stated in Sch'Nlule A, and cost:;, attorneys' fees nud expen::oeE: which the C{llnpany may
become oblig3ted to pay Ilere.nnder, sustained or inclInE-c1 by the inf::ured hy reason of;
1. Title to the estate or interest described in Schedule A being vestedoilierwise than as stated therein;
2. Any defect in or lien or encumbra.'1ce" on such title;
3. Lack of a right of access to and from the land; or
4. Unmarketability .of such title.
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In rVitness U7hereof. Trallsameriei] Title In"urance Company has caused this policy to he signed and sealed
by its duly authorized officers as of Date of Poliey shown in Schedule A.
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FORM NO. C.5000.1 _#"'"",
FOR USE WITH COLORADO REGION"AMERICAN LAND TITLE ASSOCIATION OWNER'S r-....,{CY-FORM B- 1970 {AMENDED 10-17.701
SCHEDl1LE A
Amount of Insurance S 430,000.00
Policy 1\'0, 46,001,233-0
Date of Policy April 4, 1975
1:22 P. M.
Order 1\'0.
1. Name of Insured:
UILLIAM G. CLARK
2. The estate or interbt in the land oesnj!.H:d herein and ,,'hich is c.oyered by this policy is:
IN FF.E SIMPLE
3. The estate or interest referred to herein is at Date of Policy vested in:
WILLIAM G. Ch~RK, in fee simple
Sheet 1 of 3
FORM NO. G_6000.2
FOR USE WITH COLORADO REGION"-A"MERICAN LAND TITLE ASSOCIATION LOAN POLh,.<~,"""'970 (AMENDED 10-17-70)
VOR USE WITH COLORAOO HEGJON AMERICAN LAND TITLE ASSOCIATION OWNER"S POUCY-~FORM 8-1970 (AMENDED 10_17_70)
Policy No. 46, DOl, 233-0
Order No.
5 C II ED U LEA-Continued
The land referred to hl this' policy is situated in (he State of Colorado, County _of
Pi tk in , and is <lescriLed as follows:
Lots G, E, I, 0, P, Q, R, and S
Block 94, CITY AND TOW~SlTE OF ASPEN,
County of Pitkin,
State of Colorado.
"
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) reo
stricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character
dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation In
ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordi.
nance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appeaL'
in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by th"
insured claimant; (b) not known to the Company and not shown by the public records but known to the insure(
claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this polic"
and not disclosed in writing by the insured claimant to the Company prior to the delte such insured claimant becamE
an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subse
quent to Date of Policy; or (e) resulting in loss or damage which would not helve been sustained if the insured claim,
ant had paid value for the estate or interest insured by this policy.
CONDITIONS AND STIPULATIONS
1. OHlNITION or TERMS
The following terms \vhen used in this policy mean:
(a) "insured"; the insured named in Schedule A, and.
subject to any rights or defenses the Corr.pany may have
against the named insured. those who succeed to the interc;t
of such insured by opeT7.tion of law as distinguish2d flOr:1
purchase including, but not limited to, heirs, distributees.
devisees, survivors, pe-rsooJ.I representatives, next of kin, or
corporat~ or fiduciary successors.
(b) "insured claimant": an insured claiming loss or daI::~
age hereunder.
(e) "knowledge": actt:al know1edr", not constructive
knowledge or notice which may be imputeD :,) an insured by
reason of any public records.
(d) Uland": the land described, specifiCBlly or by reference
in Schedule A, and improvements affixed thereto which by law
constitute real property; provided, however, the term "land"
does not include any prope-rty beyond the lines of the area
specifically described or referred to in Schedult:': A, nor any
right, title, interest, estate or easement in abutting streets,
roads, avenues, alleys, lanes, ways or waterways, but nothing
herein shall modify or limit the extent to which a right of
access to and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or
other st.'curity instrument.
(f) "public records": those records which by law impart
constructive notice of matte;:; relating to said land.
2, CONTINUATION 01' INSU~ANCE AFT~R CONVEYANCE 01'
nn.~
The coverage of this policy shall continue in force as of
Date of Policy in favor of an insured so long as such insured
retains an esta.te or interest in the land, or hulds an indebted-
ness secured by a purchase money mortgag~ given by a pur-
chaser from such insured, or so long as such insured shall
have liability by reason of covenants of warranty made by
. such insured in any tfilnsfer or conveyance of such estate or
interest; provided, however. this policy shall not continue in
force in favor of any purchaser from such insured of either
said estate or interest or the indebtedness s~cured by a pur-
chase money mortgage given to such insured.
3. DEfENSE AND PROSECUTION Of ACTIONS - NOTICE OF
CLAIM TO BE GIVEN BY AN JNSU~EIl ClAIMANT
(a) The Company, at its own cost and without undue
delay, shall provide for the defense of an insured in all litiga-
tion consisting of actions or proceedings commenced against
such insured. or a defense interPDsed against an in:>ured in an
action to enforce a contract for a sale of the (;st<lte or interest
in said land. to the extent that such litigation is founded upon
an alleged defect. lien, encumbrance, or other matter insured
against by this policy,
(b) The insured shall notify the Company promptly in
writing (i) in case any action or proceeding is begun or dL-
fense is interposed a.;; set forth in (3.) above, (ij) in case knov....I.
edge shall come to an insured h~reundcr of any chim of title
or inter~t which is adverse to the title to the estate 0" interest,
as insured, and which might C..<'1llSe loss or da.m~,~~~ for which
the Company may be liable by virtue of this policy, or (iii) if
title to the estate or interest, as insured, is rejected as un~
marketable. If such prompt notice shall not be r;iven to the
Company, the"1 as tn such insurt."<l all liability of tl1-: Com~any
shall cease and terminate in rt'gard to the matter or matt(>rs
for which such prompt notice is required; provided, ho\vever,
that failure to notify shall in no case prejudice the rights of any
such insured under this policy unless the Compa:lY 5hall be
preiti1.lict::d by such failure and then only to the extent of
such prejudice.
(c) The Company shall have the right at its own cost to
institute and without undue delay prosecute any action or
proceeding or to do 3ny other act which in its opinion may be
necessary or dl.."SimbJe to establish the title to the estate or
interest as insun.~, and the Company may take any appro-
priate action under the terms of this policy, whether or not
it shall be lbble thereunder, and shall not thereby concede
liability or waive any provisi"on of this policy,
(d) \Vhenever the Company shall have brought any action
or interposed a defen~e as required or permitted by the pro-
visions of th:.. pOlicy. the Company may pursue any such
litigation to final detemlination by a court of comI>~tent juri5.
diction and c:<pres5!y reserves the right, in its sol.:: discretion,
to appeal from any adverse judgment 01 order,
(e) In all cases \vhere this policy permits or requires the
Company to prosecute or provide for the defense of any action
or prcx.,.<:'"ding, the insured hereunder shall secure to the
Company the right to so prosecute or provide defense in such
action or proceeding, and all app~h therein, and permit the
Company to use, at its option, the name of such in:mred for
such purpo5e. \Vhenever requested by the Company, such
insured shall give the Company all n.--asonable aid in any such
action or proceeding. in effr.~::tlng settlement., securing evidence,
obtaining witnd3eS, or prosecuting or defending such act;rm
or proceeding, and the Company shall reimburse such insured
for any expense so incurred.
4. NOTIC; Of LOSS -LIMITATION Of ACTION
In addition to the notices requhed under paragr3ph 3(1))
of these Conditions and Stipulations, a statement in writing
of any Joss or d3.mag~ for which it is claimed the Comp:1l1Y
is li;Jble under this policy shall be furnis.hed to the Company
within 90 duy,> after such loss or damoge shall have been de--
temlined and no right of action shall accrue to an insured
claimant until 30 days after such statement shall h:1Ve bo:O
furnished. Failure to furnish such st.atement of Joss or damage
shaH terminate any liability of the Company under this policy
as to such loss or damage,
"
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5. OPTIONS TO PAY OR OTHERWISE S_E CLAIMS
~ The Company shall have the option to payor otherwbe
settle for or in the name of an insured claimant any claim in.
sured against or to terminate all liability and obligations of
the Company hereunder by paying or tendering payment of
the amount of insurance under this policy together with any
costs, attorneys' fees and expenses incurred up to the time
u~ such payment or tender of payment, by the insured claim-
ant and authorized by the Company.
6, DETERMINATION AND PAYMENT OF LOSS
(a) The liability of the Company under this policy shall
in no case exceed the least of:
(i) the actual )05S of the insured claimant; or
(ii) the amount of insurance in Schedule A.
(b) The Company will pay, in addition to any loss insurE'd
against by this policy, all costs imposed upon an insurK! in Iitj.
g2tion c.Jrried on by the CO!'npany for such ir~sured, ~nd all
costs, attorneys' fees and expenses in litigation carried on by
such insured with the vnitten authorization of the Company.
(c) V/hen liability has been definitely fixed in accordance
with the conditions of this policy, the loss or damage shall be
payable within 30 days thereafter.
7. tlM'TATION OF tlA31L1TY
No claim shall arise or be maintaineo:l under this policy
(a) if the Company, after having received notice of an. alleged
defect, lien or encumbrance insured against hereunder, by
litigdtion or o~hef\vise, removes such defect, lien or encum.
branct: or establi3h.:..--:; thE- title, (15 insured, wiLl1in a rei!SOn,lb1c
time after receipt of such notice; (b) in the event of litigation
until there has been a final determination bv a court of com-
pc-tent jurisdiction, and di~;)osition of all a~ppt~a)s ther,~frum,
adverse to the title. a~ insured. a':;, provided in par:lgraph 3
hereof; or (c) for liability voluntarily assumed by an insured
in settling any claim or suit without prior written consent of
the Company.
8. RWllCTION Of LIABIlITY
All payments under this policy, except payments made for
costs, attorneys' fees and expem;es, shall redu,ce the amo'.Jnt
of the insurance pro tanto. No payment shall b'.' made without
producing this policy for endorsement of such paym~ilt unless
the p'Jlicy bl' 105t or destroyed, in \vhich case proof of such
10;..5 or destruction shall be furnished to the satisfaction of
the Company.
9. LIABILITY NONCUMlllATIVE
It is expressly understood. that the amount of insurance
under this policy shall be reduced by any amount the Com-
pany may pay under policy insuring either (a) a mortgage
sho.....n or referred to in Schedule B hereof which is a lien on
the estate or interest covered by this policy, or (b) a mortgage
h~reafter executed by an insured which is a charge or lien on
the (-st:lte or interest described or referred to in Schedule A,
and the amount so paid shall be deemed a payment under this
policy. The Company shall have tne option to apply to the pay-
ment of any such mortgages any amount that otherwise would
be payable hereunder to the insured owner of the est<lte or
....
interest covered by......,:S policy and the amount so paid shall
be deemed a paymc-nTuJlder this policy to said insured owner.
10. AP?OnIONM<NT
1f the land described in Schedule A COns.i5ts of two or more
parcels which are not used as. a single site, and a los.s is cst.ab~
lishE'd affE'Cting one or more of SOlid parcds but not all. the
loss shall be- computed am: settled on a pro rata. basis <:tS if
the amount of insurance under this policy was divided p:.o
rata as to the value on Dak of Policy of e8.ch separate parcd
to the wholE', exclusive of any improvements :nade sub~e<luent
to Date of Policy, unless a liability or value has otherwise
bei:i1 agreed upon as to each such parcel by the. Company and
the in5urhi at thE' time of the issuance of this policy and
shown by an express statement herein or by an endorsement
attached hereto.
11. suzs;{OeXflON U?ON PA YMt:NT 0:< S::rn::.:M'ENT
\Vhenever the Comp,iny shall hav€:' settled a claim under
this policy, all right of subr(~3tion shall vest in the Company
unaffected by any act of the insured claimant. The Company
shall be subrogated to and be entitled to all rights and Teme-
dies which such insured claimant \'~'ould have had against any
person or property in resp?ct to such cl~im had this policy not
been issued, and if requested by the Company, such ins.ured
claimant shall transfer to the Company all rights and remedies
against any person or property necessary in order to pafect
such right of subrogation and shall pemit th~ Company to
USE' the n3.me- of such insured claimant in any transaction OJ
litigation involving such rights or remedit"S. If the payment
does not cover the Joss of such insured claimant, the Comp-OillY.
sha]! be subrogated to such rif,hts and re:net1ies. in the pro.
portion \vhich said paynlcnt bc.ars to the amuunt (If said lv;s.
If loss should result from any act of such ins.ured claimant,
such act shall not void this policy. but th~ Company, in that
event, shall be rL-'<}uirecl to P~iY only that part of any losses
insl1ri:.'d (Ii~<tinst h('reum]er which $hall cxc('~'d the amount, if
any, lost to the Comp:1ny by reason of the impairment of the
right of subrogation.
12. lIASllITY LIMIT,,!) TO nil; POLICY
This instrument tc:;~',.ther "lith all endorsements and other
instruments, if any, at l:'.ched hen'to by the CompEmy is the
entire policy and contract bet\vecn the insured o.nd the
Company.
Any claim of Joss or ch:rnage, whether or not based on
negligence, and which arises out of the status of the title to
the estate or .interest covered hereby or any action asserting
such claim. shall tJ-:' restricted to the provisions and conditions
and stipulations of. this policy.
No amendment of or endorsement to this policy can be
made except by writing endorsed hereon or attached hereto
signed by either thE' President, a Vice President, the Secretary,
an Assistant Secretar\', or validating officer or authorized
signa tOT)' of the Company.
13. NOTICES, WHERE SENT
All notices requin:'d to t-e given the Company and any
st2.tement in writing required to be fumi.-;hed the Company
shall be addressed to Transamerica Title Insurance Company,
P. O. Box 60S, Denver, Colorado 80201.
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MEMORANDUM
TO: Paul Taddune, City Attorney
City Engineering Department
Fire Marshal/Building Department
FROM: Alice Davis, Planning Office
RE: Pitkin County Bank Exemption ~ Veriftcation of Exception from GMP
DATE: October 14, 1981
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Attached is an application submitted by Bill Clark representing the Pitkin
County Bank's request for veri,fication of Exception from GMP. The proposed
plan is to tear down the Bank's structures, where Gracie's and Chip Chip
Hooray are now housed, and replace them with a dri~e~in banking facility and
parking area. Thi's application asks for a verification that the approximately
5,700 sq. ft. of commercial space which ts demolished will again be available
to the Bank three to five years from now when they plan to tear down an
additional building, Cheap Shots -- 2,476 sq. ft., and build banking facilities
ustng the total square footage for the new structure. At that time, the
Bank might also choose to compete under the GMP for still additional space.
Please review and return any comments to me no later than Friday, October 23,
1981. This item is being scheduled for City P & Z on November 3.
Thank you!
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WILLIAM G. CLARK
Chairman
October 13.
Mr. Alan Richman
Assistant Planning
City of Aspen
Aspen. Colorado
Director
Dear Alan:
This is in response to your letter of October 5,
1981, to Ted Mularz regarding the future Pitkin County
Bank extension project.
'-
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1. It is contemplated that a portion of the
existing structures. containing approximately 5.700
square feet, will be demolished in the Spring of 1982.
Such structures will be replaced during 1982 with drive-
in banking facilities and parking for approximately 11
cars.
The remainder of the building, containing
approximately 2,476 square feet, will be demolished with-
in 3 to 5 years. At that time. a new building will be
constructed to house additional banking facilities. It
is expected that such structure will contain the remainder
of the verified commercial square footage not previously
utilized. It is likewise possible that additional G.M.P.
allocation will be applied for at that time.
. 2. Ted Mularz has surveyed the existing improvements
on the property and will submit a detailed analysis of
such space as requested. Please be advised that neither
of the residential units involved have been rented during
the previous 18 months within adopted City of Aspen
employee housing guidelines.
534 E. HYMAN AVE. . P.O. BOX 3677 . ASPEN. COLORADO 81611 . PHONE 303.925-6100
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Mr. Alan Richman
Assistant Planning Director
October 13. ,1981
Page 2
:..
3. See response to question Number
, ,
Should you need any additional information.
in support of this request. please do not'hesitate
call Ted or me.
With best regards.
Sincerely.
William G. Clark
Chairman/President
,
WGC/ad
cc:
..--------
Sunny Vann
Paul Taddune. Esquire
--
CITY OF ASPEN.
MEMO FROM ALICE DAVIS
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MEMORANDUM
TO: City Attorney
City Engineering Department
Building Department
PLANNER: Alice Davis
RE: Pitkin Center Subdivision Exception.
DATE: November 5, 1982
Attached is an application requesting the division of Lots 0, P and Q, Bloc'K
94, Townsite of Aspen into three separate parcels and the division of Lots R
and S, Block 94, Townsite of Aspen from the above-mentioned lots into one
separate parcel.
This item is scheduled to go before the Aspen Planning and Zoning Commission
on December 7, so please have any referral comments back to the Planning Office
by November 22.
Thanks.
f''''.....
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MEMORANDUM
TO: Alice Davis, Planning Office
FROM:
Jay Hammond, Engineering Department
K
DATE:
November 24, 1982
RE:
pitkin Center Subdivision Exception - Lot Split
-------------------------------------------------------
Having reviewed the above application and made a site
inspection, the Engineering Department has the following
comments:
Prior to recordation of the exception plat, the following
additions and changes should be made:
1. The plat should be titled as the Hunter Street Associates
Joint Venture Lot Split.
2. The individual parcels created by this exception should
be clearly delineated.
3. Note the encroachment of the building onto lot P and
indicate the fence around the existing parking on lots P
and Q.
4. Include a surveyor's certificate and all necessary approval
and recordation signature blocks.
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,..,,~IiN!PITKIN PLANNING ' r
130 South Galena Strel
Aspen. Colorado 81611~ -
(303) 925.2020 # 1f7<fd-
LAND USE APPLlCATIDN 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 J./7'5. -
63728 . 47350 . 52100 REZONiNG
63729 . 47360 . 52100 SPECIAL REVIEW
SU8.TOTAL
County
00113 . 63711 . 47331 . 52200 GMP/GENERAL
63712 . 47332 . 52200 GMP/PRELlM INARY
63713 . 47333 . 52200 GMP/FINAL
63714 .47341 . 52200 SUB/GENERAL
63715 . 47342 . 52200 SU8/DETAILED
63716 . 47343 . 52200 SUB/FINAL
63717 . 47350 . 52200 SPECIAL REVIEW
63718 . 47350 . 52200 REZONING
63719 . 47360 . 52200 SPECIAL APPROVAL
SUB.TOTAL
PLANNING OFFICE SALES
00113 . 63061 . 09100 . 52200 COUNTY CODE
63063 . 09100 . 52200 ALMANAC
63062 . 09100 . 52300 GMP
63066 . 09100 . 52300 COPY FEES
63069 . 09100 OTHER
SU B.TOT AL
TOTAL )./75.-
Name: HO/land E'HClrf- Phone: q iji; - . 3~~
Address: (,,(V' e, In4Jl1 Project: Pi 'n ('I' r
Check No. ~,)f'I' S/IM V. FtC,.,;, tt'J)y.,
I:) I Date: II - ") - ;;
Additional Biiling: No. of Hours: