HomeMy WebLinkAboutcoa.lu.ec.Adams Bonita Dr. 1987
CASELOAD SUMMARY SHEET
" City of Aspen
DATE RECEIVED: .:l-!tok-1
DATE RECEIVED COMPLETE:
_ .;2,735 ~ I(J;( ~ 0 <( - OJs-
~~~F~O. O{i-81
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~ROJECT NAME:--L1clams Su.bcf,'I/i..s(on
APPL lCANT:7?oh erTMtUn 5
Applicant Address/Phone:
REPRESENTA'I'NE: -r l1/ch(lel )fan~esl('v-
Representative l<ddress/Phone: .;:l 0 C. V.f>n-h-. 0" five.
FxceO+IOh
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1.
Type of l<pplication:
GMP/Subdiv ision/PUD
/f..p.n.aJ t"/,t;//
9'..u> ""<:9.30 ;Z
1. Concep:ual Submission
2. preliminary Plat
3. Final Plat
20
12
6
$2,730.00
1 , 6 40 . 0 0
820 .00
II. Subdivision/PUD
1. Conceptual Submission
2. prel iminary Plat
3. Final Plat
14 - - '. --.-- $1, 90lr.Oi)' ...
9 1,220.00
6 820.00
11 $1,490.00
5 fl $ 6 80 .00 .1Jzfo S (/-cJ
III. All "Two Step" Appl ications
IV. All "One Step" Appl ications
V.
Referral Fees - Environmental
Health, Housing Office
(
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1. Minor Appl ications
2
$
50.00
2. Major Applications
Referral Fees-
Engineering
Minor l<pplications
Major Applications
5
$ 125.00
80.00
200.00
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P&Z @ MEETING Dl<TE: ~~ l-? , !V"PUBLIC HEARING: .
Dl<TE REFERRED: !/JIfJJ.IO.IQ&7 IN IT IALS~ G
YES
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REFERRALS:
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Aspen Conso!. S. D. School District
Mtn. Bell Rocky Mtn. Nat. Gas
Parks Dept. _ StateHwy Dept (Glenwd)
Holy Cross Electric _ Statellwy Dept (Gr-Jtn)
Fire Marshall _ Bldg: Zoning/Inspectn
Fire Chief Other:
Roaring Fork Transit _____ Roaring Fork Energy Center
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City Atty I City Engineer Building Dept.
Ci ty Atty
v" City Engineer
Housing DiL
Aspen ~Iater
City Electric
EnviL Hlth.
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Other:
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~ DISPOSITION: Ad""" S,b,I,,,,,",, Eu.'{"l,C" (&'~3 -~DS::..Bo,:,t, Or. )
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Reviewed by: Aspen P&Z ~~~
0", Ao""'nI1~7 (" (<.",,1 "1,#//,"" I' ,'IL 9JoJ-/..'v'l1J,,'"
exception for the purpose of amending the duplex condominiumizat-
ion approval for Lot 23, West Aspen Subdivision allowing the
addition of a bedroom within a 990 square foot expansion subject
to the following conditions:
1. A plat shall be submitted prior to issuance of a Certificate
of Occupancy meeting the standards of section 20-15 of the
Municipal Code to the satisfaction of the City Engineer and
specifically following the recommendations in the Engineer-
ing Department March 20, 1987 memorandum. Included on the
plat shall be a statement noting dedication of the triangu-
lar parcel to the City with reference to the Book and Page
Number of the deed recorded with the Pitkin county Clerk and
Recorder's Office.
2.
The conditions of approval of the Brinkman
Exemption, approved December 13, 1976, listed
and f shall still apply to this property .1bd1>~j
Subdivision
h, c, d, e,
On December 13, 1976 City Council approved the Brinkman Subdivi-
sion Exemption for condomiumization of Lot 23, West Aspen
Subdivision subject to the following conditions:
a. There shall be no additional bath or bedrooms con-
structed in either dwelling unit.
b. In the event the existing structure is destroyed, or
replaced, the site shall not be considered available
for construction of two individual residences, but
there shall be permitted only the replacement of a
duplex or construction of one single family structure,
c. The applicant agrees to join any future improvement
districts formed for the purposes of constructing
street improvements (including sidewalk, curb, gutter
or paving) or undergrounding of overhead utility
liners, which include the subject property within the
proposed district,
d. The applicant agrees to reimburse the City for his
proportionate share of the cost of the above improve-
ments should the City elect to construct them without
the formation of a special assessment district,
e. Neither of the dwelling units shall be leased for a
period of six (6) months, except for two (2) short term
rentals, and
L There shall be imposed a subdivision dedication fee
calculated pursuant to Section 20-18.
The applicant also dedicated a triangular piece of Lot 23 to the
city for park space in lieu of paying a park dedication fee.
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1. Engineering Department: In a March 20, 1987 memorandum Jim
Gibbard made the following comments with regard to the sufficien-
cy of the plat:
a. The survey information on the submitted plat
should include a legal description.
b.
The site plan should
existing utility sources
disclosure of ownership.
include common areas,
and meter location, and a
c. The recording information on the submitted plat
should also include a certificate showing approval
by the City Engineer and a certificate showing
approval by the Aspen City Council.
, ,
MEMORANDUM
TO:
Aspen City Council
Robert S. Anderson, Jr., City Manager~
steve Burstein, Planning Office ~
Adams Subdivision Exception
Case Number 2735-122-09-035 - 05A-87
THRU:
FROM:
RE:
DATE:
April 22, 1987
-----------------------------------------------------------
-----------------------------------------------------------
Summary: The Planning Office recommends approval of the request-
ed subdivision exception subject to two conditions listed below.
Applicant: Robert Adams
Location: Lot 23, West Aspen Subdivision Filing #1, 803 and 805
Bonita Drive, City of Aspen.
Parcel Size: 16,893 square feet.
Maximum Allowed Floor Area (Duplex): 5,034 square feet.
Zoning: R-15
Applicant's Request: The applicant requests to amend the
condominiumization approval to add 990 square feet, including one
bedroom, to one half of the duplex (803 Bonita Drive).
site Description: The subject site is located along the northern
boundary of the Municipal Golf Course and east of a small park
(with basketball court) within the West Aspen Subdivision
neighborhood. The flat topography and location within a develop-
ed subdivision present no particular construction constraints.
Applicable Sections of the Municipal Code: Section 20-23 of the
Subdivision Regulations states the requirements for condomiumiza-
tion. Amendments to a condomiumization plat are subject to review
by city Council through the subdivision exception procedures of
Section 20-19.
Prior Council Action: At City Council's meeting of April 13,
1987, action was tabled to this meeting in order to give the
Planning Office and applicant time to seek more information on
the rationale for the "no additional bath or bedroom" condition
placed by Council in 1976.
On December 13, 1976 city Council approved the Brinkman Subdivi-
sion Exemption for condomiumization of Lot 23, West Aspen
Subdivision subject to the following conditions:
.~
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a. There shall be no additional bath or bedrooms con-
structed in either dwelling unit.
b. In the event the existing structure is destroyed, or
replaced, the site shall not be considered available
for construction of two individual residences, but
there shall be permitted only the replacement of a
duplex or construction of one single family structure,
c. The applicant agrees to join any future improvement
districts formed for the purposes of constructing
street improvements (including sidewalk, curb, gutter
or paving) or undergrounding of overhead utility
liners, which include the subject property within the
proposed district,
d. The applicant agrees to reimburse the City for his
proportionate share of the cost of the above improve-
ments should the City elect to construct them without
the formation of a special assessment district,
e. Neither of the dwelling units shall be leased for a
period of six (6) months, except for two (2) short term
rentals, and
f. There shall be imposed a subdivision dedication fee
calculated pursuant to Section 20-18.
The applicant also dedicated a triangular piece of Lot 23 to the
City for park space in lieu of paying a park dedication fee.
Problem Discussion:
A. Referral Comments:
1. Engineering Department: In a March 20, 1987 memorandum Jim
Gibbard made the following comments with regard to the sufficien-
cy of the plat:
a. The survey information on the submitted plat
should include a legal description.
b.
The site plan should
existing utility sources
disclosure of ownership.
include common areas,
and meter location, and a
c. The recording information on the submitted plat
should also include a certificate showing approval
by the City Engineer and a certificate showing
approval by the Aspen City council.
2
....,
."
B. Planning Office Comments: At Council's direction, the
Planning Office and applicant further researched the rationale
for city Council's 1976 restriction on adding a bath or bedrooms
to this duplex. The former city Attorney, applicant's attorney,
applicant's wife, former Mayor, and a P&Z member were all
contacted. Minutes and dead files of other condominiumizations
of that period were also investigated to determine if any other
projects had this same condition. No one had a specific recol-
lection of that condition, nor did the files of other cases
reveal any general motivation prompting this. As recalled by the
parties contacted, issues of 1976 included: (1) making residences
in basically long-term residential neighborhoods into lodge or
dormitory type uses; (2) increasing bulk of structures, especial-
ly duplexes, and (3) parking problems resulting from intense use
of residential properties.
It should be noted that the six month minimum lease restriction
was just formulated in 1976 and was imposed on this structure to
address short-terming. The bulk issue has been addressed by
FAR calculations first adopted in 1977. Other structures in the
neighborhood have been built that are equally large or larger.
Finally, parking for this expansion has been determined to be
adequate for the six (6) bedrooms in the duplex structure.
The applicant's representative has argued that the existing two-
bedroom 2010 square foot unit is inadequate in size for the
present owners. Staff is still inclined to believe that making a
two bedroom unit into a larger three bedroom unit is not out of
character with the intensity of use or bulk of structures in the
neighborhood.
All the other conditions of approval for the 1976 Brinkman
condominiumization should still apply. The plating requirements
stated by the Engineering Department should also be met.
Additionally, included on the plat should be a note regarding the
dedication of the triangular parcel to the city.
staff discussed with Michael Manchester, the project architect,
the situation where this unit would be over twice the size of the
other half of the duplex. A letter from the owner of 805 Bonita
Drive accepting the expansion has been presented.
Recommended Motion: "Move to approve the requested subdivision
exception for the purpose of amending the duplex condominiumizat-
ion approval for Lot 23, West Aspen Subdivision allowing the
addition of a bedroom within a 990 square foot expansion subject
to the following conditions:
1. A plat shall be submitted prior to issuance of a Certificate
of occupancy meeting the standards of section 20-15 of the
Municipal Code to the satisfaction of the City Engineer and
specifically following the recommendations in the Engineer-
ing Department March 20, 1987 memorandum. Included on the
plat shall be a statement noting dedication of the triangu-
3
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lar parcel to the City with reference to the Book and Page
Number of the deed recorded with the Pitkin County Clerk and
Recorder's Office.
2.
The conditions of approval of the Brinkman
Exemption, approved December 13, 1976, listed
and f shall still apply to this property.
Subdivision
b, c, d, e,
city Manager Recommendations:
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, FEe , 0 1987 'Y\
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. T. Michael Manchester
yrckitecv
February 3, 1987
City of Aspen
Planning Department
Steve Berstein
RE: Amended Subdivision Exception
Lot 23
West Aspen Subdivision
Filing #l
Dear Steve,
The final design changes for the Robert Adams residence have been
completed and I am ready to proceed with the expidited review for a
Subdivision Exception, to amend the original agreement of December 14,
1976.
As we have discussed, ther are two primary areas of change. First the
Adams' would like to remodel the existing structure to enlarge the
Living Room. This would require a change in the footprint. I have
enclosed a drawing which indicates the magnitude of the change. Since
we have been unable to find a plat of the original footprint on file, it
is my understanding that we would submitting a new drawing to show the
revised building footprint.
Secondly, the Adams' would like to put a new Master Bedroom over the new
Living Room. In the Statement Of Exemption, (enclosed), provision 'A'
says: "there shall be no additional bath or bedrooms constructed in
either dwelling unit,". There is no information in any of the minutes
of City Councilor the Planning and Zoning Commission to indicate the
reason for this provision, nor is there any indication as to the number
of bedrooms and baths which were present at the time the original
submission was granted. The building is presently designed to have one
Master Bedroom and two secondary bedrooms, which we feel is appropriate.
I have also enclosed the check for $ 485.00 as you had indicated
earlier. It is my desire to proceed with this process as expeditiously
as is possible, so please do not hesitate to call me if you need any
more information.
;re\iZdt~
T. Michael Manchester
Architect
. 202 C Ventnor Ave., Aspen, CO 81611 303.920.2302 .
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April 8, 1987
City of Aspen
Planning Department
City Council
130 S. Galena
Aspen, Colorado 81611
To Whom It May Concern:
I am the Owner of the north half of the duplex on Lot 23, West Aspen
Subdivision, Filing #1.
The architect and the owners have shown me the drawings and the model of
the proposed addition to the north half of the building and I do not
have any concerns with allowing the Adams' to modify the existing
building to better suit their needs.
I think that the addition will be an asset to the entire building.
Sincerely,
/1
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Ruth Hanrahan
805 Bonita
Aspen, Colorado 81611
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MEMORANDUM
TO:
Aspen City Council
FROM:
9.-1- .,;,-
Robert S. Anderson, Jr., City Manager ~
steve Burstein, Planning Office ~
Adams Subdivision Exception
Case Number 2735-122-09-035 - 05A-87
THRU:
RE:
DATE:
April 8, 1987
-----------------------------------------------------------
-----------------------------------------------------------
summary: The Planning Office recommends approval of the request-
ed subdivision exception subject to two conditions listed below.
Applicant: Robert Adams
Location: Lot 23, West Aspen Subdivision Filing #1, 803 and 805
Bonita Drive, City of Aspen.
Parcel Size: 16,893 square feet.
Maximum Allowed Floor Area (Duplex): 5,034 square feet.
zoning: R-15
Applicant's Request: The applicant requests to amend the
condominiumization approval to add 1540 square feet, including
one bedroom, to one half of the duplex (803 Bonita Drive).
site Description: The subject site is located along the northern
boundary of the Municipal Golf Course and east of a small park
(with basketball court) within the West Aspen Subdivision
neighborhood. The flat topography and location within a develop-
ed subdivision present no particular construction constraints.
Applicable Sections of the Municipal Code: Section 20-23 of the
Subdivision Regulations states the requirements for condomiumiza-
tion. Amendments to a condomiumization plat are subject to review
by city Council through the subdivision exception procedures of
Section 20-19.
Prior Council Action: On December 13, 1976 city Council approved
the Brinkman Subdivision Exemption for condomiumization of Lot
23, West Aspen Subdivision subject to the following conditions:
a. There shall be no additional bath or bedrooms con-
structed in either dwelling unit.
b. In the event the existing structure is destroyed, or
replaced, the site shall not be considered available
for construction of two individual residences, but
".,
-
there shall be permitted only the replacement of a
duplex or construction of one single family structure,
c. The applicant agrees to )ol.n any future improvement
districts formed for the purposes of constructing
street improvements (including sidewalk, curb, gutter
or paving) or undergrounding of overhead utility
liners, which include the subject property within the
proposed district,
d. The applicant agrees to reimburse the City for his
proportionate share of the cost of the above improve-
ments should the city elect to construct them without
the formation of a special assessment district,
e. Neither of the dwelling units shall be leased for a
period of six (6) months, except for two (2) short term
rentals, and
f. There shall be imposed a subdivision dedication fee
calculated pursuant to section 20-18.
The applicant also dedicated a triangular piece of Lot 23 to the
City for park space in lieu of paying a park dedication fee.
Problem Discussion:
A. Referral Comments:
1. Engineering Department: In a March 20, 1987 memorandum Jim
Gibbard made the following comments with regard to the sufficien-
cy of the plat:
a. The survey information on the submitted plat
should include a legal description.
b.
The site plan should
existing utility sources
disclosure of ownership.
include common areas,
and meter location, and a
c. The recording information on the submitted plat
should also include a certificate showing approval
by the City Engineer and a certificate showing
approval by the Aspen City Council.
B. Planning Office Comments: Following a check of all available
city records, we find that rationale for city Council's 1976
restriction on adding a bath or bedrooms to this duplex is not at
all documented. The applicant's representative has argued that
the existing two-bedroom 2010 square foot unit is inadequate in
size for the present owners. Staff is inclined to believe that
making a two bedroom unit into a larger three bedroom unit is not
2
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out of character with the intensity of use or bulk of structures
in the neighborhood.
Through the provision of a proposed new driveway turnaround,
adequate parking spaces would be provided to meet the one space
per bedroom requirement. According to the applicant, a total of
six bedrooms in the two units would exist after the addition. No
other impacts pertinent to condomiumization review have been
identified.
All the other conditions of approval for the 1976 Brinkman
condominiumization should still apply. The plating requirements
stated by the Engineering Department should also be met.
Additionally, included on the plat should be a note regarding the
dedication of the triangular parcel to the city.
staff discussed with Michael Manchester, the project architect,
the situation where this unit would be over twice the size of the
other half of the duplex. He stated that the owner has verbally
agreed to the addition and a letter from the owner accepting the
expansion will be presented at your meeting.
Recommended Motion: "Move to approve the requested subdivision
exception for the purpose of amending the duplex condominiumizat-
ion approval for Lot 23, West Aspen Subdivision allowing the
addition of a bedroom within a 1540 square foot expansion subject
to the following conditions:
1.
, ()
l. .
A plat shall be submitted prior to issuance of a building
permit meeting the standards of Section 20-15 of the
Municipal Code to the satisfaction of the City Engineer and
specifically following the recommendations in the Engineer-
ing Department March 20, 1987 memorandum. Included on the
plat shall be a statement noting dedication of the triangu-
lar parcel to the city with reference to the Book and Page
Number of the deed recorded with the Pitkin County Clerk and
Recorder's Office.
2.
The conditions of approval of the Brinkman
Exemption, approved December 13, 1976, listed
and f shall still apply to this property.
Subdivision
b, c, d, e,
City Manager Recommendations:
sb.ad
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MEMORANDUM
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TO: Steve Burstein, Planning Office
FROM: Jim Gibbard, Engineering Department ..:j:J
DATE: March 20, 1987
RE: Adams Subdivision Exception
==========================================
The Engineering Department has reviewed the above application and
has the following comments:
1. The survey information on the submitted plat should also
include a legal description.
2. The site plan should also include common areas, existing
utility sources and meter locations, and a disclosure of owner-
ship.
3. The recording information on the submitted plat should also
include a certificate showing approval by the City Engineer and a
certificate showing approval by the Aspen City Council.
jg/adamsexc
,
cc: Jay Hammond
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RE: )'ifJ.^ h
Dear/Vi) II 0 ~ rlu1ii / :
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ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, 0) 81611
(303) 925-2020
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Date: ft/\C.n f(.:t I q ~
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This is to inform you that the planning Office has completed its
preliminary review of ~ captioned application. We have determined
that your apPlication~ NOT complete.
Additional items required include:
~.
Disclosure of OWnership (one co~ only needed)
Adjacent property OWners List/Envelopes/Postage (one co~)
Additional copies of entire application
Authorization by owner for representative to sutroit applica-
tion
Response to list of items (attached/below) demonstrating
compliance with the applicable policies and regulations of the
Code, or other specific materials
A check in the amount of $
Your appl ication 'i . u ed it for
review by the '. We will
call you if we nee tion prior to that
date. Several days prior to your hearing, we will call and
make available a co~ of the memorandum. Please note that it
IS NOT your responsibility to post your property with a
sign, which we can provide you for a $3.00 fee.
B. Your application is incomplete, we have not scheduled it
review at this time. When we receive the materials we have
requested, we will place you on the next available,agenda.
If you have any questions, please call c(rf:& L( /!/lD1.)ki 11..-)
the planner assigned to your case. .
,
Sincerely,
PLANNING OFFICE
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MEMORANDIJM
TQ:
City Attr'Jrn"y
City FnginE'E'r
FF:QM:
St ~ V~ 81] r c; t ~ 1. n:o PI >1 n n 1. n 3 Of f i. r: ~
F:F:
Ad~ms Subdjvisinn Fxceptinn
OATF::
March "l, 1"l87
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---------------------------------------------------------------
Attach"r:I fr'Jr Yr'Jur r"vi"w anr:l '~r'JrRl""nts is an appli'~atir'Jn sllhmitt"r:I
hy T. Mich~E'1 ManchE'stE'r on hE'half of his cli€'nt, F:ohE'rt Adams
r"qu"sting suhr:livisir'Jn ,,><c"ptir'Jn tr'J am"nr:l pr"vir'Jus apprr'Jval whi,~h
E'stahlishE'd conditions affE'cting an E'xisting structurE' locatE'n at
W"st Asp"n Sllhr:livisir'Jn, 1_r'Jt 1, BIr'Jd /:3. Th" appl icant wish"s tr'J
rE'mf'VE' thE' limitation on thE' footprint of thE' structurE' E'st~h-
I ish"r:I in th" prir'Jr r"vi"w.
PIE'as€' rE'viE'w this matE'rial ann s€'nn your commE'nts to this officE'
nr'J lat"r than March 30,1'387 Sr'J this r'Jffic" has ar:l"quat" tim" tr'J
pr"par" fr'Jr its pr"s"ntatir'Jn h"fr'Jr" City Cr'J'Jn,~i.1 r'Jn April Pl.
Thank you.
130
asp
DATE: March l8, 1987
MEMORANDUM
TO: steve Burstein, Planning Office
FROM: city Attorney
RE: Adams Subdivision Exception
PEN
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We have no comments regarding this application at this time.
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STATEMENT OF EXEMPTION
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FROM THE DEFINITION OF SUBDIVISION
WHEREAS, PETER BRINKMAN, is the owner of a parcel of
land located in Pitkin County, Colorado, more particularly des-
cribed as:
Lot 1, Block 23, West Aspen Subdivision,
Pitkin County,
l1HEREhS, there exists on said property a duplex structure
in which the applicant wishes to separate interest without parcel-
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ing the land on which said structure is situate, and
WHEREAS, there has been made an application for exemption
from the definition of subdivision for such conveyance of interests
pursuant to Section 20-19 of the Aspen Municipal Code, and
WHEREAS, the Aspen Planning and Zoning Commission, at its
./"
meetinq held in July, 1976, has determined that such exemption is
appropriate provided that: //
a. there shall be no additional bath
/" constructed i.n either dwelling unit,
/
,
or bedrooms'
b. in the event the existing structure is destroyed,
or replaced, the site shall not be considered available
for construction of tw~ individual residences, but there
~. shall be permitted only the replacement of a duplex or
construction of one single family structure,
c. the applicane agrees to join any future improve-
ment districts formed for the purposes of constructing
street improvements (including sidewalk, curb, gutter or
paving) or undergrounding of overhead utility lines,
which include the subject property within the proposed
district,
d.~ the applicant agrees to reimburse the City
for his proportionate share of the cost of the above
improvements should the City elect to construct them
without the formation of a special assessment district,
and
e. neither of the dwelling units shall be leased
for a period of six (6) months, except for two (2) short
term rentals,
f. that there be imposed a subdivision dedication
fee calculated ~ursuant to Section 20-18, the ~~eFtioR 1~/;Q
of-subseetioR JO-l~+a~{S) to-the eo~~;~twithstand-
ln9~ and
WHEREAS, the city Council has found the proposed division
of interest in the existing structure to be without the intents and
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purposes of subdivision regulation provided that the' constraints
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imposed in subsections a,b,c,d,e, and f, above, proposed by the
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Planning' and Zoning Commission, be maintained,
THEREFORE, the City council of the' City of Aspen does
-
hereby determine that the proposed division of interest in the
duplex structure situate on the above-described land is without
the intents and purposes of subdivision regulation, and does, for
.
such reason, grant an exemption from the definition of subdivision
for such action,
PROVIDED, HOWEVER, that this grant of exemption shall at
all times _b~ condi tioneq on ,c:ompl,iance by the applicant, his heirs,
:assigns and successors in int~rest,. with the conditions with respect
:to .e.xtension" replacement and contribution to the cost of public
improvements and leasing, itemi~l!!d in subparagraphs a through e
~above; which conditions shall be deemed a covenant running with
'.C the land and burden the same,
PROVIDED, there shall be imposed a
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subdivision
dedication
./' .. -.' : . . . ~._,.
fee for such proposed conveyance of separate interests, the same
being payable,in,full by the dedication to the City of Aspen by
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, ,
Peter Br1.nkI1tan- or ;~is successor- of- a 'p~~cel of land comprising
871 square feet which is
into the Aspen Municipal Golf
Date:. !A.j1~~ /~ /9zb
f l~nd protruding
.~
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I, KA'I:'HRYN S..HAUTER, do
..~TArY STA~, III,
certify,that the fo
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StatemeDt of Exemption from_the~definition of Subdivision was
considered and approved by the Aspen City Council at its regular
meeting held MondaYJ- December 13" .1976.,. at which time the Mayor,
- -. "-.. . __ __ _ h..
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. STACY STANDLEY, III; was' authorized 'to execute the same on behalf
of the City of Aspen."
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dnyof DcCClrUx:r
,1976 ,hctWCf!tl
;"115 DEED, ~Ia,k}~:;~ <IS of th~ 3Cl.!;.h
l'J::l'J~R 11. BIZIN!\JI!',N, an wur.arric.{l .m
l,fthe
'no; crl'Y OF l'-SPEN, Cl rtlll.'licipnl corporation, OJ:ganizecl uncleJ: the la'tJs of: the
Cl1l1ot)'of
pitkin
....
hull Stlllc! of Color~do-. or llH~ finjt p:\rt, nnll
x:;.'J~JC
11'11:\ l:~S CTII. Th" tthe ,;aid part y of the first part, for nnd in con;ide,..,tion ofth.. SUII' of
Ten lXillars ($lO. 00) ___.,_.,___________________________________;..____ DOLLAI\S,
to tho ,aid p"rtY of the first p"rt in hand pnid by the suid party of the second part, the receipt
where"f i< heroby confo55ed ;>rill acknowl<.d~ed, has grnnted, baq:nined, sold and conveyed, and 1,y those presents
. .
oIc'. [:rant, baq:nin, seIl.conve)' and con fir",'. Clnto the said I"ut y . of the second part. its
h,';'" alld a"iglls forever, ullthe following descri"ed lot or parcel otland. situlltc, lying.and "eing
ill the County r.f pitkin and S,ate of Colorado, to wit:
.
I, parcel of: land being part of: Int 23, I--Test J\sjX'J1 St1bc1ivision, Filing
):\0. 1. Said parcel is ITDre fully describscl as follcr:l5: J)8qinnina
at the soutbernrrost oomsr of said Lot 23, thence 147.69 feet alano
a curve to the left having a T.adius of: 189.90 feet (the choT.d of: ,.;l;ich
l>2ars N 290 29' 07" \'1,144.00 feet); thence S 520 06' E, 91.95 feet; thenc:e
68. '/0 feet along a curve to the left having a T.2c'lius of 236.63 feet
(the. cl1o,-d of. \'lhich bears S 00 f:.7' 52" \'1. 68.47 feet) to th-= pOint of.: '.
b2~in.'1in9' Said pared c;ontains 1, O?-Z\~g. ft. JroT.~'. or less. ..
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.1Dl~ pa):ce ,o~ Wi 51l .L _ use ".IU':; a,\'>r~vate .:r.oce( and other uses c1Pourtenant
Dn:1.n~cCssary for: the cr,u:e a~-...'-..O:iJ;r'~.d't\C m\.ll1~9{pal parks, includin7 the
rmm:ccJ.pal golf course, ).11 t,t;e 0l~X f"Z'.s?~n '
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X}m~~~~~~~~;D:~~~:n~~;;~':i::e~.~~~~ents and appurtenances thereunto belon~il1(;. or in an)' wise
appertaining. and tb, reversion and re~0.'i>~Vemainder and remainders,rents. issues. and profits thereof; and al\ the
estnte, right. interest, claim and dem"nd w,,"'soe\"er of the said part Y of the first part, either in law or equity,
of, inand to the lIbove bargained premises, '~'ith the hereditaments and appurtenanccs,
(lCo;)[};><J!
);m{Sl~lte of Colofndo, of the: second p~rt:
TO H,\ \'E ,\:\D TO IIOLD the said premises abo,'e bargained and.described, with the appurtenances unto the said
p,ar' y of the second part, its heirs and llssigns forever, And the said pllrtY
,of the fir.' part, for hill1 self his heirs, executors, and administrators, do es covenant.
grant. bargain and agree to and with the said part y of the second part. its heirs llnd assigns,
thllt at the time of the enseating and deli,'cr)' of these presents he is wellsoized 0; ~he premises above
con~'e)'ed. as of goc,d. sure. perfect, nbsolute and indefel\Sible estate o[ inheritance, in Inw, in fee silllple, lInd "" S good
right. flll\ power lInd lawfullluthority to grant. ""rgain. sel\ a,;d conve)' the same In m,ll\ner and formll; afores;,id. and
, that 'the sallle are free and clear from ull former and othor ~rnnts, uur~uins, sales. liens, taxes, as'cssm.nt, und
I .nc"!Hunrnce, c.f whatevorkind or nat"re soe,'er., except general taxes for 1976 payable in
\ 1977, and subject, to all reservations, restrictions, oovenants and utility
! eascrrents of record in the records of the Clerk and County Hcoorder of Pitkin
I: County, State of Colorado, includinCT, but not limited to the !"rotectivc
\1 CoVE'nDnts rccord2d in J3OO;~ 229, at Page 78, as a~;1ded bv instrurrent reoordcd
.i in p.o::>k 229, a.t pasre 507 and in p.o::>k 309, at PaCT, C 1\99. ..
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VJn'OIllAN SQUAI.."n: nUH..tHMJ
ftOJ 1::. IlYMAN S'J'rU!:wr
ASP1!;N, COLOI(AOO 81(111
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'3D:U OIG'IO:lO
I?o~~^',n (;A!H'J1;LO
^N[)nl~W V. I!Jo.:CIIT
February 24, 1977
Mr. MLck Mahoney
Ci ty Manager, City of Aspen
130 South Galena
Aspen, Colorado 81611
RE: Pete_
Park
- -:::::::::::--,
Brinkman.-/
aLlan
Dear Mick:
Enclosed please find a copy of the Deed I have
sent to Peter Brinkman for his signature. You will note
it contains the provisions we discussed on the telephone.
Upon the return of the Deed to llspen and its
recording, I will have the original returned to you for your
records.
Please contact me if you have any questions.
Very truly yours,
GARFIELD & HECH'r
~f '.
Brooke A. Peterson
BAP/kjk
Enclosure
~
n nntl th'l' ahuVl' harJ::-aillctl Jln'lllisl'~ in the CJuiet .1111IIH?:1l'l'nLle I'CI:::tt'~sion uftlle $&Iid p.trt y or the ~t..('ond part.
its Iwit':' nml as~is:n~. n~Hill:,t :dl 011111 t'\'t:l'r I'l'r:::Cln (\1' Ill'l'snns lawrtllly daiminf! or to claim the whole
Ii UI".\I1r I,al'llhl.'n'ur. thl' ~uitl part y (,ftlll' fil':,t part ::IWJlIUlll will \\'.\ltn:\:\T .-\:\D FORE\'J::R ~EFE:\D.
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County of Pitkin
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STATE OF COLORADO
ss.
The foregoing was acknowledged before me this l~rrJday
of fl., f'tIlJ~,,'l) " 1976, by STACY ~TANDLEY, III and KATHRYN S.
HAUTER, personally known to me to be the Mayor and City Clerk,
respectively, of the City of Aspen.
. ,
Witness my hand and official seal.
.
My. Commission expires: J-.z..1... /7j 1919
_ ." ~U~iU} Vl{J/Il(.CLw..L-(.L
. Nota~ Public
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wE:ST A5PE.l-.l SUBDIVI510N
~1L.INC. No.'
I, Harold N. Johnson (,Johnson-TJongfello\, & Associates),
a registered S'Jr'ie~'or in the state of Cclorado, do hereby
certify that on the 13th day of October, 1976, a survey
\Vas made under my direct supervision of the pro~erty sho,,;n
hereon and a two-story frame duplex was found to be located
entirely Nithin the lot lines. Corners "ere found or set
as shown on this plat. All easements or encroachments
in evidence or knO\,n to me are ShOI'.'n. Said survey :.S true
and accurate to the best of my knowledge and belief.
Johnson-Longfello\V & Associates
By
:?/~vU,~
Harold \~. Joh~ LS 9018
December 10, 1976
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MEHORANDUH
TO:
Aspen City Council
FROH:
Planning Staff (HC)
RE:
Subdivision Exemption.- Duplex owned by Peter Brinkman
DATE:
December 9, 1976
This is a request for subdivision exemption by Peter Brinkman on
Lot 1, Block 23, Aspen Townsite to condominiumizc an existing duplex.
The property is contiguous to the Aspen Golf Course and children's
park. The request was approved by the Planning and Zoning Commission
on July 20, 1976 conditioned on the following comments of the Planning
Office:
1. We have contacted the Parks Department concerning
possible land dedication for children's park.
They recommend public dedication of certain land
contiguous to the park as fulfillment of the open
space dedication requirements. This request is
precipitated by the unusual configuration pro-
truding into the Golf Course and park area; The
application has agreed to this request and for this
parcel of approximately 871 square feet in size
will submit a deed to the 'City.
2. We suggest requiring appropriate restrictions on
the units for limiting use ho a minimum of six (6)
month leases.
3. The Engineering Department has no comments on the
reques t.
The Planning Office recommends approval of the Subdivision Exemption
conditioned on the above requirements. A survey of the property and
land to be deeded to the City will be available for inspection at your
December 13, 1976 meeting.
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,"C'ilteR stilted they felt that to put tillS re~'(;,lJ.CL.Ll.)ll UJI l-lIJ.O u.....l~..L'-..... "'-''-'..~ ..-, ul;--- -'
!lone of the neighbors )- ~e this ,restriction on their propc~- y. Coates stilted they would
I . happy _to' go along', _ the nClghbors want to impose thif. mdition on the neighborhood.
:1"" s additional restriction was not part of the zoning and was not even contempla-ted when
'11 b '1
l he structure was Ul. t.
ii
1'0111 Har5!li1ll, resident of the neig!lborhood, had gotten 20 signatures of people in the I:
nci<jhborhood. 'fhe residents feel ~hat this unit will become a SilturU<lY t~o Svturday rental.:
The neighbors have no \-Jay of stopplng this. Marshall stated if t:he residents could get: 11
'"omC commitment that the duplex. would not tu+.n into short-term rental, fine. Otherwise Iii
it will become tourist zone.
H.Jyor standley said the neighbors concern is legitmate and Council is sympathetic. 11
wlcthcr Coates gets the exemption or not, or goe5 through full subdivision revie\V, the end:\
.."cult will be the same. There is little reason to not a~low the condominiumization. i.
1'llis has reached an impass as the project is already done. The only thing the Council can Ii
do is entertain and support a letter of agreement to do whatever the rest of the neighbor-
hood agrees to. Nayor Standley said he felt the council. had probably done as much as
possible trying to help out the residents.
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city Attorney Stuller suggested that if the neighborhood was going to put a rental
restriction on their homes, that ,it should be by restrictive covenant so that the City is II
not involved at all. Hs. Stuller pointed out that the difficulty is defining the neigh- "
Lorhood, and what to do about the one person who refuses to sign. If this is the ncigh~ \i
horhood Objective, they could satisfy this independent of the City Council. Coates I
stated he would agree to go along with what the other neighbors agree to, any restrictions \~
to be placed on the whole neighborhood. Coates stated they did not feel they should be 'I'
singled out in the neighborhood. City Attorney St,uller said this should be a private I
matter which should be resolved among the participants. The council cannot solve all the i
weaknesses in the plan. ,I
councilman Behrendt moved to approve the exemption frrnn subdivision by Mr. Coates and to
incorporate with it the general body of paragraph 3 in the letter from Garfield and II
IIccht~ seconded by Councilman Parry. Councilwoman Pedersen asked Councilman Behrendt to I:
reconsider the motion to incorporate the whole letter; Councilman Behrendt agreed; so did !l
~ouncilman Parry. All in favor, with the exception of Councilwoman Johnston. t>totion 11
carried. I
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EXEMPTION FROM SUBDIVIS10N - Peter Brinkman
.L )n
I lIal Clark, planning office, told Council this was a request for subdivision exemption
from Peter Brinkman for property located adjacent to the golf course. This was reviewed
by the P & Z in July 1976 and approval was recommended. The planning office recommends
that rather than a fee dedication, a land dedication be given to the City. The lot is
~haped with a piece sticking out into the golf course. The planning office had asked the
npplicant to square off the land and give the land to the City for the children I spark j,
and the golf course. The applicant agreed to this and to the six month rental restriction ':i
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Councilman Behrendt moved to approve the exemption from subdivision; seconded by counCilma~;,'
t Wishart. All in favor, motion carried. I
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HOTEL JEROME - Conceptual Subdivis"ion Presentation
',,1
Uill Kane, Director of planning, told Council this is a review of conceptual presentation
for PUD for the proposed expansion of the Hotel Jerome. Council should give a clear
reading of the overall suitability of the project. The project has been on-going for a
long time as a result of the initial investigation of the fire marshal finding that the
second and third floors of the building are unsafe. Due to inadequate access, plumbing 1:
and wiring deficiencies, the building is in a position to be condemned. The owner of I'I!'
the hotel came back with a proposal for expansion. The property in consideration, whi.ch
is north of the existing hotel, is zoned office which permits. 75:1 in office space. i\
The planning office has identified several key issues in the development of this project. Ii
(1) At a general level, expansion of tourists accommodations in the City is not a desirable!
objective.-. (2) Expansion of the Hotel Jerome would involve a very massive structure. :j
These negative issues are counterbalanced by encouraging the development of a first class :!
tourist hotel in Aspen. It is the feeling of the planning office that the Hotel Jerome
represents the best opportunity for this by virtue of its location, its deteriorated
condition, and the opportunity to fix up a building that should share a prominent role in
the City. The building should be preserved and enhanced.
t';f\
The existing hotel is 44,~00 square feet; the proposed expansion is 60,000 square feet.
Kane showed Council a"mode1 of the proposed expansion. 6,000 square feet of the expansion
would be accessory hotel commercial use. The applicant is basically requesting a rezoning
from Office to Commercial/Lodge.
Councilwoman Johnston asked about the possibility of the City purchasing the Hotel Jerome
to preserve the building, pe~haps use it for employee housing. Councilman Wishart pointed
out the cost of renovating it for the City would be great; and if the City owned the
building it would (1) put the City in the hole financially and (2) change the flavor of I;
the hotel. \'
John Gilmore" owner of the Hotel, told Council that at this point, he had approximately \
~;OO~OOO in' the .property. It will cost approximately $50 per foot to remodel the building.!:
,..~,__.u 0.-__..1_1_..1 ~"'n h,,;1r'1;nrT. h... wOl1ld have a 3ls million dollar building and 35 !.
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NOVEMBER, 1974
ASPE~ PLANNING AND ZONING COMMISSION
RESOLUTION EXEMPTION FROM THE
DEFINITION OF SUBDIVISION REGULATIONS
WHEREAS, Peter Brinkman has made application for
an exemption from the definition of subdivision regulations
pursuant to Section 20-10 (c) of the subdivision regulations,
and
WHEREAS, the request is to allow condominiumization
of an existing duplex on already platted Lot 1, Block 23 of
West Aspen Subdivision, and
WHEREAS, the Aspen Planning and Zoning Commission
has reviewed said request and finds that the design require-
ment of 20-7 of the subdivision regulations have been met,
NOW THEREFORE BE IT RESOLVED, that the Aspen
. Planning and Zoning Commission exempts said duplex on Lot
1, Block 23 of West Aspen Subdivision from the definition of
sub 'ivision.
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DATED THIS
COMMISS N
~ DAY o,1,J/..it1U1
, 1974.
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surveyon; found several discrepancies.
,
Barnard lI\oveu that Uw l3enc(1ict exemption be grante'd on
the grounds t.hat t.hey are not ~li.thin the intenl!; :lm1
purposes of !;ubclivision. John~;!Jl1 seconueu. 1\11 in favor,
IllOti0l1 eiJn:icd.
.ion
Muddaloncs, located next to the Denedicts, were also in
need of an exemption to correct the deed.
:~Lion
Johnson moved that the Maddalone exemption'be granted on
.the grounds that they are without the purpose of the
definition of subdivision. Jenkins seconded. All in favor,
motion cari::~ed.
Request ~I<IS maue to condominimize an existing duplex on
'L-ot.-l, BloCK 23, Nest 1\spen SUbidivision. Hojo felt that
~'it should b2 exempt from the definition of'subdivision
because of platted lots and blocks.
Drinkman Duplex
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Barnard moved to grant an exemption from subidivision and
Jenkins seconded. 1\11 in favor, motion carried.
1\ttorney Jon Mulford represented the Redwood Condominiu~s
and Anthony Castellack who would like to be exen~tcd
.from Subdivision regulations because the building hus
existed for years and has utility and waler hookups. There
would be two potential owners, John Prosser and Dwight
Shellman, who would use it for employee housing. Barnard
questioned whether it was on platted lots and blocks and
Nr. l-Iulforcl explained that the portion Castellack ovms
he purchased from the Railroad years ago. Barnarel stated
tha the law was clear that if i~ is not on lots and block~c
then it comcs under Subdivision. Nulford argued that the
definition refers to concerns over access and utilities
and they have taken care. 'of both of those problems.
. ~c\'iOod Condominiums
.;
110jo said t,hat the Planning Office didn' t really undersU::;(
,about the access of the road. Johnson asked if there was
an easement to the road and Hulford said that there Hasn't
one. ,,,, ..
Mojo said that the Planning Office couldn't recommend
approval since it is ,~i thout the intents and purposes of
Subdivision and Stanford said that the purpose of those
regulations is to lOake sure any devlopmenl that happens
happens according to certain standards.
Schiffer suggested tabling the action until the road ease-
ment problem is l~orked out \Vith the Planning Office.
, .cion
Barnard moved to tnble the mot,ion until the Planning Office
has a chance to research the road access problem. Jenkins
seconded. All in favor, motion carried.
tion
Barnard moved that they have,a s~u~y session
problems for nftcr the next regular n1eeting.
seconded.. 1\11 in favor, motio~ carried.
on the parking
Johnson '
Stanford !,aiel that anothe!: ~~ubject the Conunission shoulcl
discuss ~ould be the housing problem.
,ll'llkins moved to aeljl)Urn .\llld J6hnson5econelecl. 1\11 in
Llvor, meeting adjourned at 5:30 p.lI1.
,/ . I .
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Deputy City Clerk
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Motion to Table
Action
Brinkman Subdiv-
ision--request
tor sUbcllvisi on
exemption
Dedication fee
i
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ul,...<..llIU.!..'11':1 .....11(,:tL- ,L ..LlllJ_1LJ.ll'j <...4Jl...' t"..Jl1J.JJ~ ",""."...L ..........L.....L......... ,.... >--''-LV..L.!':).> <.111\1
loan ~o operate on the peoperty Collins said that the
othG. uses in the area must be lown before that decision
could be made. Collins said that the more definitive in-
formation that was available, the more intelligent decisiol'
could be made. lie suggested tabling any action until this
information was available. Collins entertained a motion
to table action. Michae 1 McVoy s ugges ted .g(%t.i~1g-some-.Bor I
buffer as a business, rather than a less appropriate use.
Bunt moved to table the item until further plans could be
obtained. Keinast seconded. All in favor, motion carried.
!3rinkman Subclivision--RE:CJuest for subdivision exemptio!l:____
Hal Clark gave the recommendations from the Planning Offic.,
Planning requests that. the leasing provision be applied
to the appl~cant as a condition for the subdivision exemp-
tion, with a 6 month minimum leasing condition. Planning
had talked with the Parks Dept. regarding land dedication
as the open space dedication reqlliremant. 'I'he Parks Dept.
encouraged the developer to do this. The Planning Office
recommends that the dedication fee be the 436 sq. ft.
set aside as open space. Brooke Peterson was present to
represent the Brinkman Subdivision. He added that the own-
er had no objection to the dedication fee being in the fan
of land. The Commission discussed the plans with Mr.
Peterson.
Clark explained the fotmula used to derive tie dedication
fee. He said that ususlly the fee is in the form of
money, but that Planning specifically requests that this
one be in the form of land dedication.
-4-
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()
RECORD OF PROCEEDINGS
100 Leaves
Continued Meeting Planninq adZ .
Clark l' d n on:U1Q July 27, 1976
from f~~l alne ~hai the e::e~ption entailed exempting the applicant
c~ncep ua , prellmlnary, and final plat requirements. The
rec~~~aendatlon from Planning and approval by Council is all the
app lcant has to go through if the exemption is granted.
Dick Keinast moved to grant subdivision exemption conditional on
the con~aents from the Planning Office describ d' th d
July 15 1976 d .... e ln e memo ated
-,' ~ ~n <;:oncntlonal on the squaring off of the lot'\; he>
UflC", as tl1.e aeC+:ieatl"n T<?e.. n~.. $c. la-I<..- t!n//' .n'..J.'~' 0
1",,,,,,, ru-sa'i;;d. I. (I, 't ::.-;-"(j- 7i '0"-:. -"'-~.LUA.<C(Ml0,,\ 'h> k
_....,-n U--r~ tJ-l-<t.-.u.a' S,^ ('-c~c ~<l...L-' +z> k ~VL, ,,_,If: c:
Clark corrected the figuI'e of 436 Sq.ft. to 871 Sq. ft. --o--'(j-q-c<<.(
fiotion to
: grant
Hedstrom seconded. All but Bunt were in favor.
Motion carried.
Revision to
Office Zone
Revision to Office Zone
John S~anford of the Planning Office said that if P&Z was in agree-
m7nt ':"J.th. tl1~ mem,? in the prE;vious packet regarding the historic
d'Rt,...,~... h,:lr.<<='''''n~+-''''" n'.............:..._ __...,~ .. .. ....
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'-_/
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street C;;l735 -/;/.;J,-o'l-()35
Aspen, Colorado 81811 05/1- 8'7
(303) 925-2020
LAND USE APPLICATION FEES
City
00113
- 63721
- 47331
- 47332
- 63722
- 63723
- 63724
- 63725
.63726
.63727
- 63728
. 47333
- 47341
- 47342
- 47343
- 47350
- 47360
GMP/CONCEPTUAL
GMP/PRELIMINARY
GMP/FINAL
SUB/CONCEPTUAL
SUB/PRELIMINARY
SUB/FINAL
ALL 2-STEP APPLICATIONS
ALL 1-STEP APPLlCATlONS/
CONSENT AGENDA ITEMS
LlO.500
REFERRAL FEES:
00125 .63730 - 47380 ENVIRONMENTAL HEALTH
00123 - 63730 - 47380 HOUSING
00115 - 63730 . 47380 ENGINEERING ~f 'X'd, 0(')
SUB-TOTAL <-; :?~.<S 00
County
00113 - 63711 - 47431 GMP/GENEAAL
- 63712 - 47432 GMP/DETAILED
- 63713 - 47433 GMP/FINAL
- 63714 - 47441 SUB/GENERAL
- 63715 - 47442 SUB/DETAILED
- 63716 - 47443 SUB/FINAL
- 63717 - 47450 ALL 2-STEP APPLlCA liONS
- 63718 - 47460 ALL 1MSTEP APPlICATIONS/
CONSENT AGENDA ITEMS
REFERRAL FEES:
00125 - 63730 - 47480 ENVIRONMENTAL HEALTH
00123 M 63730 - 47480 HOUSING
00113 M 63731 M 47480 ENVIRONMENTAL COORD.
00113 - 63732 - 47480 ENGINEERING
SUB-TOTAL
PLANNING OFFICE SALES
00113 - 63061 - 09000 COUNTY CODE
- 63062 - 09000 COMPo PLAN
- 63066 - 09000 COPY FEES
- 63069 - 09000 OTHER
Name 7ff/;)nd NClnchf.s!pr
Add,esa Ie Q Box V(;lq ~ _
/~p ,)"-I (, :i'L I. /,J
Check # /43/
Additional Billing:
SUB. TOTAL ;;#
TOTAL '1/'"LlY"6.0n
Phone, 'I;;:{ -L/ 7f-, / 2fQ 0-;<3 U(
Project: Ar-;/n frJ c> '-~~/A I;'J"./) v'I~/'{}rl
;;;:XC PA)1/~'lJ
Oate ~/ /u/g7
# of Hours: -:::s'