HomeMy WebLinkAboutcoa.lu.gm.TempleAllen.1977-GM-01
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August 22, 1977
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SUBDIVISION EXEMPTION - Buchanan
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Karen Smith, planning office, told Council this exemption request grew out of the conceptual
subdivision. There is a portion of the land starting at the center line of Gibson avenue
that is within the County. It was decided to process a subdivision exemption application
through the city and County. This comes from the P & Z with a recommendation of approval
conditioned upon the land being dedicated to open space and right-of-way uses. Ms. Smith
said she would add another condition, that is that the land be dedicated to both the City
and County. The City Engineer has said that at some future date Gibson avenue may be
re-aligned.
councilma~ Wishart moved to approve the subdivision exemption with the conditions that the
land be dedicated to open space and right-of-way and dedicated to both the city and county;
seconded by Councilman Parry. All in favor, motion carried.
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TAKE YOUR MONEY AND RUN - Annual 10,000 meter Road Race
city Manager Mahoney told Council this is a foot race on the streets of Aspen, and they
are asking for pOlice to control some intersections and registration tables in the mall.
councilwoman Johnston pointed out that every year there is a marathon in Aspen which has
been participated in by local residentsi is this in competition with that. Mahoney
answered he did not think so. Councilman Hershey asked who took responsibility for
['I' running this. Mahoney told Council it was Aspen SAvings ,I~an. Councilwoman Johnston
asked that Mahoney check with other people to see if they have any problems with this
II race.
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Councilman Parry moved to approve the annual 10,000 meter road race; seconded by Council-
man wishart. Councilwoman Johnston asked that the motion be amended that the City contact
people to see if they object. Councilman Parry declined the amendment. All in favor,
with the exception of Councilwoman Johnston. Motion carried.
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SUBDIVISION EXEMPTION - Temple Allen
Temple Allen told Council that he owned six lots at the end of Main street. Allen said he
wanted to sell the Victorian house with two lots. There won't be any building on these
lots; everything will remain the same as it is. Councilman Hershey read the motion from
the P , Z recommending approval with two conditions; (1) a gravel sidewalk be improved
with concrete surface, and (2) that lots K and L have access provided through the alley or
with an easement through the adjacent lots.
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Councilman Van Ness asked what the pOlicy is requiring concrete sidewalks.
he did not think it was necessary but if the P , Z recommended it, it is okay.
Van Ness said he thought it was a bad precedent to require concrete sidewalks.
Mahoney said
Councilman
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Councilman Parry moved to approve the subdivision exemption with the conditions as out-
lined in the planning office memorandum; seconded by Councilman Wishart. Councilmembers
Parry, Wishart, and Hershey in favor; Councilmembers Van Ness and Johnston opposed.
Motion carried.
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RELIEF FROM ADMINISTRATIVE DELAY - Bell Mountain Sports
Chuck Vidal told Council he had a building where the circumstance is the tenant is closed
this summer. They have tried to take this advantage to build a second floor which is
2,000 square feet. Th~y have been unable to do this because of administrative delay.
Vidal told Council he would have to go before the historic review committee. The Bell
Mountain Sports building may not have an opportunity to do anything next summer because
the shop may not be closed.
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Councilman Parry moved to approve the exemption from administrative delaYi seconded by
Councilman Van Ness."
Councilwoman Johnston stated that every time the Council gives an exemption to administrative
delay, they are hurting their case for the growth management plan. Councilwoman Johnston
said she saw no virtue in increasing the mas,s of the building and loosing a small, funky
building in Aspen. Councilman Parry disagreed, saying that he felt they could come up
with a nice looking building.
Councilman Van Ness said this is talking about whether the growth management plan quota
system should go on commercial space. Councilman Van Ness said if it is the intent of
Council to exclude commercial space from the growth management plan, then Council is
imposing an undue delay on getting this building up. councilman Wishart said if the
Council keeps issuing exemptions, the City will never end up with a GMP, just a lot of
people asking for exemptions. . ~
Councilrnembers Hershey, Parry, Van Ness in favor; councilmembers Johnston and Wishart
Opposed. Motion carried.
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XEROX CONTRACT - Ordinance #40, Series of 1977
Councilwoman Johnston asked why this item was on the agenda when Council voted against it.
Councilman Hershey answered that the issue was brought up again by the police department.
Sergeant Kreuser told Council that one person can no longer handle the dispatch center
alone during the day. Last year the dispatch center made over 800 copies of records for
people. The dispatch center has also taken over the records of the sheriff1s office.
Kreuser presented the minutes of the joint meeting in November 1976 where Councilwoman
Johnston suggested selling the mag card and purchasing a small Xerox machine. Finance
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RECORD OF PROCEEDINGS
August 16; 19f7
Regular Meeting
Jacobie Prelim-
inary Plat -
Public Hearing
Temple Allen
Subdivision
Exemption
Gignoux Lynch
preliminary plat
public hearing
Planning and Zon~Commission
the employees.
Oates wondered if condominiumization was being treated
differently than subdivision. Kane said subdivision is more
restrictive. Kauffman said that this type of policy would
be asking a few people to take on the burden of the community.
Hedstrom moved to continue this hearing at 5:00 PM next
Tuesday. Isaac seconded the motion. All in favor; meeting
continued.
Karen Smith presented the Jacobie Preliminary Plat for the
Public Hearing. It is a five unit building on Park Circle.
Four memos were presented for the record: 1) from the
Planning Office on August 11, 1977; 2)from the City Engineer
Dave Ellis on August 10, 1977; 3) from the Planning Office
on July 20, 1977; and 4) from Mountain Bellon August 2, 1977.
At the conceptual stage the Planning Office recommended
approval subject to detailed technical review at the preliminax
stage. The remaining disagreements can be resolved prior
to final plat.
Leonard Oates, attorney for the case, said that the main
problem is a gap in ownership between two properties. This
will be resolved.
Collins opened the meeting to the public. There were no
comments. The public portion was closed.
Isaac asked why they were requesting a full subdivision.
Smith said that full subdivision is at the option of the City
Engineer. This requires compliance with design standards.
Ensign moved to grant the preliminary plat approval for the
Jacobie Condominiums Subdivision subject to the correction
of several specified conditions. Hedstrom seconded the
motion. All in favor; motion approved.
Smith discussed the Temple Allen request for a subdivision
exemption. It is six lots on Main Street in the 0 district.
Allen wishes to separate lots K and L from the other four lots
for the purpose of selling Aspen Valley Realty. The City
Engineer (memo of August 10, 1977) has stated that the
sidewalk is substandard. It needs to be concrete rather than
gravel. There is no access permitted off Highway 82 thus
access from the alley or the adjacent parking lot need to
be granted.
Temple Allen said that he would do whatever needed to be
done to be granted this request. He stated that Mahoney
had okayed the gravel sidewalk several years ago.
Ensign moved to recommend approval of the Temple Allen
request to be exempt from strict application of the subdivision
regulation because requirements have been met and the intent
of the regulation has been satisfied subject to replacement
of the gravel sidewalk by concrete and access to lots K & L
be allowed by easel'nent through the existing drive or alley.
Baranko seconded the motion. All in favor; motion granted.
Smith presented the Gignous Lynch preliminary plat for
public hearing. The following memos were submitted for the
record: 1) from the Planning Office on August 11,' 1977;
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RE:
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CITY ENGJ nElm t, L-/'
August 10,1977
SUBDIVISIml EXEMPTlrnl REQUEST
LOTS K-P, BLOCK 18 (Temple Allen)
An inspection of the abovc property reveals that there
is no sidewalk meeting present codc requiremcnts on
Lots K & L. For soine unknm-m reason a gravel vlalk was
constructed along part of the property frontage v~len
the extensive r0nodel was madc. The gravel walk should
be replaced with a concrete \-lalk. Onc other comment,
for information only, is that present acccss to Lots
K & L is through Lot M. If the parceling occurs an
access easement will be necessary or a ncw access
constructed off the alley. No new driveways are
allowed off Highway 82.
Except for correction of thc sidewalk the engineering
dcpartment has no problems vii th this subidvision
exemption.
M E M 0 R A " U U M
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TO: Aspen Planning and Zoning Cv::nni'sion
FROM: Planning Office (JS)
PE: 'Rio Grande Specially Pla.nn~d flrea
DATE: August 11, 1977
The master plan for the City's Rio Grande Property vlill be present at
the Plann-ing and Zon'ing meeting this v;eek. The plan is requil'~d under
the Specially Planned Area section of the zoning cod2. It presents
a general layout of proposed uses and a matrix to identify area and
bulk requirements, parking requirements and other restrictions on the
development of the property.
Adoption of a Specially Planned Area follows the rezoning procedures
which requires two public hearings: one before the Planning and Zoning
Commission and one before City Council. The Planning and Zoning publ ic
hearing \~ill be scheduled for September 6, 1977.
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July 18, 1977
Planning Commission
City. of Aspen
130 S. Galena Street
Aspen, Colorado 81611
Re: Application for Subdivision Exemption
Temple W. Allen, Applicant
Lots K, L, M, 1'1, 0 and P
Block 18
City and Townsite of Aspen
Members of the Planning Commission:
As behalf of Temple W. Allen, we submi~ this application for
subdivision exemption. Mr. Allen owns the six lots on the north-
east corner of Seventh and Main. The Victorian Office Building,
occupied by Aspen Valley Realty, is on Lots K and L. Mr. Allen's
restaurant, the Hickory House, occupies the other four lots.
Mr. Allen proposes to sell Lots K and L and to retain Lots
H, 1'1, 0 and P. Section 20-4 (c) of the 1.1unicipal Code provides that
all six lots are considered an undivided parcel and that the pro-
posed sale of the office building on Lots K and L constitutes a
subdivision.
,Exemption is requested under Section 20-l9(b) on the grounds
tha~ the proposed division of land is not within the intent and
purpose of tho subdivision ordinance. In support of the applica-
tion, the following reasons are submitted:
1. The property is fully 0C'veloped; no additional devcelopmcnt
application is involved in the sllbcljvic>ion;
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Planninq
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Puge 2
Commission
1977
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',2. All streets and utilities have been in place for many
years; no engineering of subdivision improvements is involved;
3. The proposed division along existing lot lines will
satisfy the lot area requirements for the O-Office Zoning District.
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Applicant's Address:
110 S. Riverside
P.O. Box 1334
Aspen, Colorado
925-7814
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Yours very trUly.~~
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81611
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M E M 0 RAN DUM
TO: Aspen City Council
FROM: Planning Office (KS)
RE: Temple Allen - Subdivision Exemption Request - Lots K-P,
Block 18
DATE: August 18, 1977
At their August 16th meeting, the Aspen Planning and Zoning Commission
recommended approval of the subdivision exemption request of Mr. Temple
Allen involving Lots K-P, Block 18, which are located on Main Street.
Mr. Allen requested the exemption in order to separate Lots K and L
for the purpose of sale. Aspen Valley Realty is located on Lots K
and L while the Hickory House is located on the reamining lots to be
retained by Mr. Allen. Their motion contained certain references
made by the City Engineer as follows:
1. A condition that the gravel sidewalk be improved with
a concrete surface in accordance with subdivision
design standrads.
2. A notation that access to Lots K and L, should the
parceling occur will have to be provided through
the alley or by granting an easement through the
adjacent lots.
Inasmuch as the proposed division, with the conditions noted above,
would comply with subdivision design standards, full subdivision review
procedures are not warranted and the subdivision exemption request
merits approval.
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M E M 0 RAN DUM
TO: Aspen Planning and Zoning Commission
FROM: Planning Office (KS)
RE: Temple Allen - Subdivision Exemption Request - Lots K-P, Block 18
DATE: August 12, 1977
This is an application for subdivision exemption under Section 20-19
of the Aspen Municipal Code. Mr. Allen is requesting the subdivision
exemption in order to sell lots K and L on which is located Aspen
Valley Realty. The other four lots where the Hickory House is located
would be returned by Mr. Allen.
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We have asked Dave Ellis to review the proposal for conformity with
Subdivision design standards. He has noted a couple of items (i.e.
sidewalks and no access off Highway 82) which should be conditions of
your exemption. We agree with the applicant that the proposal will
create a lot conforming with the O-office district requirements and
that full subdivision review are unnecessary because the improvements
are already in place and with the exception of Dave Ellis' comments
are in conformance with subdivision design standards.
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HOLLAND & HART
ATTORN EY5 AT LAW
TELEPHONE 292-9200
AREA CODE 303
500 EQUITABLE BUilDING
730 SEVENTEENTH STREET
CABLE ADDRESS
HOLHART, DENVER
DENVER, COLORADO
P. O. BOX 8749
DENVER,COLORADO B0201
PLEASE REPLY TO:
MOUNTAIN PLAZA BUILDING
434 E.COOPER STREET, ASPEN,COLORADO 81611
TELEPHONE 925-3476 AREA CODE 303
July 18, 1977
Planning Commission
City of Aspen
130 S. Galena Street
Aspen, Colorado 81611
Re: Application for Subdivision Exemption
Temple W. Allen, Applicant
Lots K, L, M, N, 0 and P
Block 18
City and Townsite of Aspen
Members of the Planning Commission:
As behalf of Temple W. Allen, we submit this application for
subdivision exemption. Mr. Allen owns the six lots on the north-
east corner of Seventh and Main. The Victorian Office Building,
occupied by Aspen Valley Realty, is on Lots K and L. Mr. Allen's
restaurant, the Hickory House, occupies the other four lots.
Mr. Allen proposes to sell Lots K and L and to retain Lots
M, N, 0 and P. Section 20-4(c) of the Municipal Code provides that
all six lots are considered an undivided parcel and that the pro-
posed sale of the office building on Lots K and L constitutes a
subdivision.
Exemption is requested under Section 20-19 (b) on the grounds
that the proposed division of land is not within the intent and
purpose of the subdivision ordinance. In support of the applica-
tion, the following reasons are submitted:
1. The property is fully developed; no additional development
application is involved in the subdivision;
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HOLLAND &HART
Planning Commission
July 18, 1977
Page 2
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'5/ ,/ (' , 2. All streets and utili ties have been in place for many
years; no engineering of subdivision improvements is involved;
3. The proposed division along existing lot lines will
satisfy the lot area requirements for the a-Office Zoning District.
Yours very trul
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ames T. Moran
of Holland & Hart
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Applicant's Address:
110 S. Riverside Drive
P.O. Box 1334
Aspen, Colorado 81611
925-7814
MEMO
TO:
FROM:
DATE:
RE:
KAREN SMITH
PLANNING DEPARTMENT
DAVE ELLIS <::'l'\ i'"
CITY ENGINEER '}r~
August 10,1977
SUBDIVISION EXEMPTION REQUEST
LOTS K-P, BLOCK 18 (Temple Allen)
An inspection of the above property reveals that there
is no sidewalk meeting present code requirements on
Lots K & L. For some unknown reason a gravel walk was
constructed along part of the property frontage when
the extensive remodel was made. The gravel walk should
be replaced with a concrete walk. One other comment,
for information only, is that present access to Lots
K & L is through Lot M. If the parceling occurs an
access easement will be necessary or a new access
constructed off the alley. No new driveways are
allowed off Highway 82.
Except for correction of the sidewalk the engineering
department has no problems with this subidvision
exemption.
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'EX.
HF110RANnU~1
TO:
CLAYTON z.1EYRING
FR0!4 :
HICR ~lAHONEY
DATE:
JULY 23, 1976
RE:
PROPERTY OWNED BY TEMPLE W. ALLEN
(PARK DEDICATION FEE)
Please see attached copy of letter from Mr. James J. Mollica.
I will accept Mr. ' ion of $127,500.00 as representing
the value of ~~. property.
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