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HomeMy WebLinkAboutcoa.lu.ec.534 E Hyman Ave.LotsO-S,Blk94.1982 - Aspen/Pitkin.Planning Office 130 sC?uth galenastreet aspen;:)(()lor ad 0 81611 . "'~_;>;;i" " , 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 b" \'l l~, J \".10\ ~'v~l'\. ,# \j,,\J\"> \\\\,t~,~~ ~ 6f'. JSY a f-.l{' , 10'1" tr. ~loj{-.e H~j-_ G'/ ~vl,f,~ '3 50 -') .1.5 eMf~/ /01905>1- if> (I'e-t le(.)'i~}~) H,.-f a~~vtP f% "JJ,) to Lf7"l.'l i'Ynfloj.le.1 ')0 ftr~til 0Wl'~ I {) I 1\ L \ tV I< 1/'y1H ik I IiHvthtr'-'1L,J" ~ 1 r'r'rd'j I \ rJrJ, ill"? ) I . ~ ,,~ ! lJjjjj; (Gud. hi', )'-\T '0' i I I I , ~ Q'-l-Il.!). H.e'1)-"" \~I rUI7~'it. 1,,5 J'\ --- ,rn fYI/('t',~ (, (~~"';.. ~ t~ h f '~'f\'I,,;J,;,.J) i~ bl~, l. L-<Ac~l~ I;} en,t, Ii -g31 h+^15r{1 ( Lj,D i',J :n r;L, {V 111 r-' 'f. I , '" eo1 +, 4.,~ ~ *JJ,w +,;1)-<4< (l'~t:J- MvTI~ tr H~ flJO . t> vt/VJ Jt~ fli ~'I'~i 1 JUwd ~~"'. DI'l-O}}"^'i ~Jf\'l'". (".;!J:,,/, (r. In,.I,ho'-o Qv.e,..ho~,: I. hD,v +0' cni<lJl~t( e'"p. ~'7j. (f1U;NIh,lJ \\] 1, 5";:;J\!, ~~{~Z~~ nDtfl;.I..""lb,.fJ(O'1;I:Ur"t~ _ I 'J. Jf u.;.< #- ~1~ CO~e{'I"( ('(/'),}i Lf 75'). b P ,IN/ll~ L t. f ~ n I., J L ? , "I \' fYi, ~ ,~J C W'~ i/f\&:J '" ff J D'I ~ M ~ rt . h 9:2 '-1- 11,1. '7, r'V,ht'J;(\1V~,4) - Lot f,k. I 11'/"t' L ~ v r(ll)""~I, I ' wAc-- Lot Q ~~J I 0" J .-!YvJ.Af II, '? ~ V~ l~lPI'tUJUi/J'i/rl';\ I I i I I II , . , "- THEODORE L. MULARZ & ASSOCIATES ,.J" ARCHITECTURE PLANNING @ @ @ @ @ @ @ @ 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 " ./ 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 , "...,ill'" 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 , ,.... 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 " ....,/ 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 . . , '''''. '",... ,.".,/ 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 -" ~ (--...r, \ I' , '-~ ,r '", ".J .\ ,/ 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, ~. o '.'J" c :) I rP- 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 ~ .' c "" -- 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 -2- r ".. ~~'~ ,.-I 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 . ". -, ,~ . , i " '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.) , 1"--'-'" '''-.../ /' .,..... ,,-...... WHEREAS, the provisions of Section -Z..>,,~ 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___ :; \-,................t....: .\.. .c~__~~_ . r II~=. " _..<LJ':'.':'.!Ii - ---:-..,-~'--- ..':.&...1.-. -- I _L "II . 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 - ~~ .,.,.-;!" ~.-,<. ~~...",...J..H~ ~'-. 1'< d~!x ~'6'~ or -tfI'4F ,'Vt' I wI<. CiJ'fl; ~ .to. I.J.." t ,....."" " '~w,t' " ((.~ 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 ~. ." ftI#U 'f ,....._""'_.._-~=";tJE ~3",,.~ ~ ~~~~. -2- ....'...... 5 ,I I I - > 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. . (I'J II flC ii's Q pprvuo:1 . I"" . ..,,~ . " :1 I I I / 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. , ,..( , ! i , I , , , 11. FINAL PLAT Council Approved Denied Date I I I , i I' 12. ROUTING: if Attorney VBuilding -LEngineering Other , , , , . At,~ ;;~ ~ dJ -l'i(~) k/.. ~s Zo-l'i (h) f'~ ~ ,Sr~ Iovyl ~ ~ 5~~ 'i --'<.~? I--. (d) ~o./+':" r ~ 6.rt( 5J(,J,'"{"': , ffU1.J.-<<' fr rlrf~ ~ -- - '1 J.u...'v.:. t '06- .1...f(.: ~ Oi\F~f" ~ 't .. , jo ~,ad;i ~ . CITY OF ASPEN ~ '1 \d-.l.. _ MEMO FROM ALAN RICHMAN, A1CP Assistant Planning Director ') Co-~"'\..,.\ c...-.l.~ C" fo, L\.~, of d.t...vC;\.'4h) l,,\- o. "l.>-;"'.~ <;1=-. Lo\- p. ~'S-."."L.>"" - 'T'.~\ >~~ \ .I.S OS.~. :1..) \M.~" ,-"', ~o __ '\ ~"'~ . "". ~ _0 --,.\..'\cc.. \....,..."-\ - \. S' : l ,\0.... <;.~. - S""?'\\. ~$' ....\\.....J. ~\ -; 1 o<i ..,,5 ""Co.'ll- (..0__' \ "","'-....J. "'-0........ '-\...AJ,(\...n ~~'\<<. \-..~ ~: ,..,: \. '0 .~ : \ <......-' \ ~..:~ \~.ooo c;.,~. ..\\......& _ S- ~ "'I \.I. f "'-t.L '\ '" 10"" .-;S _ \ 'il 00.00 4\'9.. \Lt...:! L\ C\ o~ . ~~ "'" /),,1.. <..0__' \ \oJ.6\... IIph"" " . , J 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 ,/ "',,-, " ,.....", -' 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." '" ",,,",, '" , ~ 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.,.... F' ~, ';"'-/ --' 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 -2- r- .~ " .....J 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 -:, " ,. " ~,. C]Ilr1(.~~F'\'f\pIP }EI\T 13 Oso'u t hg a I e !la~?tre e t ",', "':'" '" '. "- .......'.:'. .,> 2 sp CI1'~J5:0 J.Of:1.d'o.;.f.n611 -303'i.~i5::2n2'o "-i . '.' 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. .' ,\ \\ ',' ";/ I . i'~-, ~ 1 " ,1-" / r/: r ..,?, / L~tjq"nJ iLl ):...ile;,1...,./ Kathr{?lS. Koch, City Clerk " ,,5. E A L ~; I '; ; \ ~' " !- fi( " , 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: "...... .....~/ /'''\. ....., 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 -2- ~.... ........ ""I -.I 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 CTB/bb Enclosures: Application with check CC to: william G. Clark (w/encl.) I" , ~jr t-' : ilii >" ell' ;:1\, Il. ,q. P:l ,I. II' !l't [ '(:. > I , , 'I !. i; '1 ' I , . , l ~ r fl.' I',.. iJ: ; ,.!.j I', t :i '1: Ii " I' ,I [1 I, " :\ II I' ' [1 II '1 h: oJ ., 11' P' r" 1'1 (II I", Ilf ,J, f q : I~ . li . ~ n.' t"i-f n '~~.l i [ f. o i 'l,i , , l ~ 'j' L l 'f! b. ! . ~ . , fI'~ II 'I' , . 'I' hd a; ~ fl'l [11 ~ ~ 11 H \ . CIOl 0" '.8':'" f\E('.IO:-' f Otl~<' 3.12 ..\LTA O......">SR.S POLlCY--.FOt.lM 8.-.1970 IAMENDED 10_17_70) EXHIBIT "B" "~.-."'" M ' j ~: : 1;1. III !I:: !~i, :, '. " I:; ." I" ll:! fl: [1 ,j, p: . ,I", :'!I " jl, ,. "I' I, lll' ftl r 'Iii l'ii! ill' d'l Ii;; :ji)-j ""I '/.. i ,: '11~' IJ': "I" I" rfil (1, ~ fliil ll!f ."" 1'" .,i: :1:" iii' ,. d ill II " 11 " ri i' 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" IlJ""."j' "'r.lj':J''j '.."1'.,'j ,.,,,.j" ".,1"""'1' '., '~"""";"(""', u. ~ - ;!.d.M:' < - .;. W'.......\i.. I.Uo..;Jj.;) ~.:...~iO.;...'-'. u..,'4J;:.i.' ~ _;J..J ...,><u.....~.... 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. :! :i II! :'; jij I i ~: I ~ \ ~ ';" " , 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. ipBJU:lf.lmf.JpJr.f.l 1Tf~~B ~mnllPSmm il}lJT:f.lpBnjl ;?;/ ,... -/,,~ .',' W~ (dIJ'/"'-, a4.~ . .:' / President ... 11...... ... .,,""" .~--- By By rt [1' ,1: r '~-~~~i~A~_2:_G~!LQ , 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, " . Lonlll1u('(j 1 rom UJCK or 1- font Cover '. 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. "'. ...... "'"~, - ....;~.".... 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 -t,'\e ~ 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! Q( liP ~ S'3 . ~ . C:>\ ~m-_ L C({J C\pf.', .5~^l\C-\.lkv Dt..Qt- . L 511.:>, 4<;{ 4> 3[J . S<O cp rt'r+ --- j?:{v/rru 2') S/'(YIO -, ~."'- "-' ,.'" -'" 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. '- -- 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 , c ""'" ....,I 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 413 \3 ;(,41i.? I :L ~9 . '3<i"l 1Sl1fo , 5'1 cro ;;.. y, l~ c.olN\\ <;f'cue c." rf\ \. 5 r o..l.e.. ~ ,,~ Q Lot- 0 (oW'-.l. bfW-'L LPh DlfrQ ~~l 5 fc<.c.!.. i", +wo vntt-,) ~ 1;0 Ite. J..~llf:.~ J-~Li$~ ~ ~ rt.JI"\.'^~ '" ~ ~ "" b~ J.Q.W>r! Ii l ~ . -' ~ ~ . '" ~J J 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''''..... ,,..... r-.'o., ~,. " 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. JH/co ~ ~ ,..,,~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: