HomeMy WebLinkAboutcoa.lu.su.Meeker & Nicholson
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SUNRISE CONDOMINIUMS
(A Residential Condominium)
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, entered into and made this 11+hday of
~ ~ II n ~ .,11_ , 1977, -by and between RICHARD 11. MEEKER and
ALFRED C. NICHOLSON, d/b/a RIVERVIEWAS~OCIATES ("Subdividers")
and the CITY OF ASPEN, COLORADO, a Municipal CO,rporation ("City").
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WITNESSETH:
Ii WHEREAS, Subdividers are owners and subdividers of a
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:' tract of land within pitkin County, Colorado, consisting of Lots
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!iE, C, and D, Block 34, East Aspen Addition, County of Pitkin,
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: State of Colorado.
WHEREAS, Subdividers have submitted to City for approval,
execution and recording a subdivision plat of the above-de-
scribed property, such subdivision to be known and designated
as "Sunrise Condominiums"; and,
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i plat, the proposed development and the improvement of the subject
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i property shown thereon, and is willing to approve, execute and
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I accept said plat for recordation upon the agreement of Subdivi-
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WHEREAS, the City has fully considered such subdivision
ders to the matters hereinafter described, which matters are
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1 deemed necessary to protect, promote, and enhance the public
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Ii welfare; and,
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Ii WHEREAS, Subdividers and the City wish to reduce said
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! i agreemen t to
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writing,
NOW THEREFORE, in consideration of the premises, the
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covenants herein contained, the parties' hereto hereby
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as follows:
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il 1. Subdividers covenant and agree to and with the City
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i: that they will affirmatively consent to and join in the
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I formation of any special iinprovementdistrict, encompassing
! all or part of Sunrise Condominiums Subdivision, that may here-
I after be proposed or formed for the construction of streets,
I alley, and drainage improvements or buried electrical improve-
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I ments. Subdividers hereby waive and further covenant and
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I agree to waive any right to protest against the formation of
i any such district.
i 2. Owner and sub:!ivider, for itself, its successors
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i.n interest, grantees and assig?-s, covenan.ts and agrees that
I in the event the City undertakes street improvements (including
I paving: curb and gutter, and sid;Walks) without the formation
I of a special assessment district when., such street improvements
Include improvements in the right of' way abutting Lots B, C,
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I and D,Block 34, East Aspen Addition, it will pay the actual
I cost of any such payment to be made to the City within ninety
I (90) days after completion of the improvements and on receipt
'of' written notice and demand for such payment.
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Subdividers agree to execute a Promissory Note
The sum of Four Thou-
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No multi-family dwelling unit within the Sunrise
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l' Condominiums shall be leased for any period of less than six (6)
successive months; or, in the alternative, be leased more than
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1\ twice for short-term periods within any calendar year (in addi-
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tion to occupancy by the owners or any lessee for a six-month
least term).
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"Short-term period" shall mean not more than fif-
teen (15) days.
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Upon execution of this Agreement by all parties
hereto, City agrees to aJ?prove and execute the final plat of the
i! Sunrise Condominiums Subdivision and accept the same for record-
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!' ing in. the real property records of pi tkiri <;;ounty, Colorado, upon
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~ Ii payment of recording fees and costs to City by Subdividers.
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II 7. The covenants and agreements of the Subdividers
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P herein shall'be deemed covenants that run with the land, shall
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l' burden the land included within the Sunrise Condominiums Sub-
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!j division, and shall bind and be specifically enforceable against
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11 all subsequent owners thereof, including Subdividers, their heirs,
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Ii personal representatives, successors in interest and assigns.
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IN WITNESS WHEREOF, the parties hereto have executed
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" this Agreement as of the day and year first above written.
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R~CHARD \.
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ALF ED C. NICHOLSON
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IlsTATE OF COLORADO)
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i,COUNTY OF PITKIN )
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Ii The foregoing instrument was acknowledged before me
llthis \ q-tk day ofd ~'U-f.""" , 1977, by RICHARD J. MEEKER
d . \.)
i I and ALFRED C. NICHOLSON.
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!iSTATE
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Witness my hand and official seal.
My commission expires d - \ \. ~ ij <6
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Notary Pu ic
OF COLORADO )
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OF PITK,IN )
The foregoing was acknowledged before me this
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iday ~f r;cvt1.~~~ ' 1977,. by STACY STANDLEY III, as
'Mayor, and KATHRYN S. HAUTER, City Clerk of the City of Aspen,
; Colorado.
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Witness my hand and official seal.
My commission expires ./1/7/79
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o ary Public
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MEMORANDUM
TO:
Aspen City Council
FROM:
Planning Staff (HC)
RE:
Sunrise Condominium Apantments - Final Subdivision Plat
DATE:
January 6, 1977
This is a request by Dick Meeker of Riverview Associates for Final Plat
approval of the Sunrise Condominium Apartments located on Lots B, C, and D,
Block 34 East Aspen Addition townsite, also known as the 1000 Block of
East Hyman, where it cuI de sacs. The projects consists of eight (8)
apartment units, five (5) one bedroom units and three (3) studio units.
The property contains 9,000 square feet and is zoned R.M.F. The
density is in conformance with R.M.F. requirements (5 x 1200 + 3 x 1000 =
9000 sq.ft.).
The Planning and Zoning Commission granted preliminary plat approval on
December 7, 1976, subject to the minimum six month leasing restrictions
previously passed by P & Z.
The City Manager has approved the eash instead of
Calculations are attached for your review. Also
Improvement Agreement and the Final Plat.
o~en space dedication.
attached are the Subdivision
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The Planning Office recommends approval of the Final Subdivision Plat of
Sunrise Condominium Apartments subject to payment of the dedication fee;
and proper recordation of the Final Plat and Subdivision Improvement
Agreement.
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I i STATE OF COLORADO, }ss.
.!. County of Pitkin
I! , '1)h~Jo7r..~g instrwnent was acknowledged before me this
:' 197(>....,hi !t.&'INETH MAURIN & MOLLIE MAURIN
ii,.}.:.". ~rf"~""Sion expires> ,\Iov\?,,,, I:.,~", 1'3 ,1977' . WitnessC/1 . h. J2i;d officinl seaL
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I, Tli1,SDEED, bbde this
day of
,19 76
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AUG 4. PAID
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KENNETH MAURIN and MOLLIE MAURIN
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of the
County of Pitkin and State of Colorado, of the first part, and
RICHARD J. MEEKER and ALFRED C. NICHOLSON, as
tenants 1n common , ,
of the County of P1 tk1n and State of
Colorado, of the second part:
WITNESSETH, That the said parties of the first part, for and in consideration of the sum of TEN
DOLLARS ($10.00) and other good and valuable consideration--------------~
to the said parties of the first part in hand paid by said part ies of the second part, the receipt whereof is I
hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these pre.ents '00 I,'
grant, bargain, sell, convey and confirm., unto the said parties of the second part,thei:i1eirs and assigns for..
ever, ail the following described lots or parcels of land, situa'.., lying and heing in the Ii
County of Pi tkin and State of Colorado, to wit:
Surface rights in and to Lots
Block 34, EAST ASPEN ADDITION
and TOWNSITE of ASPEN
B, C, and D,
to the City
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, i TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywi.e I
I appert.a.i.n.i.ng, and the reversion and :reversions, remainder and remainders, rents, issues and profits thereof, and all I
I the estate, right:, title, interest, claim and demand whatsoever of the said part ies of the first part, either in law
I or equity, of, in and to the above bargained premise., with the hereditaments and appurtenances, I
! TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the
I said part ies of the (""ond part, their heirs and assigns forever, And the said part ies of the first part, ,.
i for theme! ves , / %:d:s~ executors, and administrators, do covenant, grant, bargain, and agree to and
with the said part ies of the second part, theitheirs and assign., that at the time of the eMealing and delivery II
of these presents, they a re well seized of the premises above conveyed, as of good, sure, perfect,' absolute and I
; indefeasible estate of inheritanJ:e, in law, in fee simple, and ha ve good right, full power and lawful authority I
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; to grant:, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear
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I from all former and other gnmts, bargains, sales, liens, taxes, assessments andeneumbrances of whatever kind or
nahues~ve~ EXCEPT FOR general taxes for 1976, payable in 1977; and SUBJECT
I TO the right of the proprietor of a vein or lode to extract and remove his ore
" therefrom, and right of way for ditches and canals as reserved in United States
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I Patent recorded in Book 180 at .Page 454 of the records.of Pitkin County,
I Colorado;
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and the above bargained premises in the quiet and peaceable possession of the said part ies of the second part,
thei r heirs and assignll against all and every person or persons lawfully claiming or to claim the whole
or any part thereof, the said part ies of the IIl'Stpart shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said part ies of the first part have hereunto set theirhands
and seal S the day and year first above written.
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KENNETH MAURIN I
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dayof Al..1"'':'j t
No. 9~.' W'AR.B.A..NTT DXXD_POT Pbao..,....w. a...-nL-BrWlont Pabllah1Da' ~ 182:,"," Stoat Sm..t. :o.nft1'. Colorado -11.75
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MEMO
TO:
MICK MAHONEY
FROM:
DAVE ELLIS ~[...
JANUARY 5, 1977
DATE;
RE:
SUNRISE CONDOMINIm1S - OPEN SPACE DEDICATION FEE
The fOllowing calculations are submitted for your review and
approval prior to the January 10 council meeting:
Subdivision area: 9000 sf
Land cost: $40,000
Population:
3 studios @ 1 person ea
= 3.0
5-1 bedrm units @ 1.3 persons ea. = 6.5
Total population 9.5
Cash dedication:
9.5 persons x 0.0025 ac/person x 43560 sf/ac x
$40,000
9000sC
$4,598.00
A copy of the deed, recorded August 4, 1976, is attached to sub-
stantiate the $40,000 land value.
att.
cc: Bill Kane
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f1EMO
TO:
BILL KANE
FROM:
DAVE ELLISs;,t)z..
DATE:
JANUARY 5,1977
RE: SUNRISE CONDOMINIUMS SUBDIVISION - FINAL PLAT REVIEW
The final plat and the proposed subdivision improvement agree-
ment are in acceptable form and the engineering department re-
commends approval. The open space dedication fee has been cal-
culated as $4598 and this has been submitted to Mick for review.
DE/pab
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MEMO
TO:
MICK MAHONEY
DAVE ELLIS ~~
JANUARY 5, 1977
FROM:
DATE:
RE:
SUNRISE CONDOMINIUMS - OPEN SPACE DEDICATION FEE
The following calculations are submitted for your review and
approval prior to the January 10 council meeting:
Subdivision area: 9000 sf
Land cost: $40,000
Population:
3 studios @ 1 person ea
= 3.0
5-1 bedrm units @ 1.3 persons ea. = 6.5
Total population 9.5
Cash dedication:
9.5 persons x 0.0025 ac/person x 43560 sf/ac x
$40,000 _
9000sf-
$4,598.00
A copy of the deed, recorded August 4, 1976, is attached to sub-
stantiate the $40,000 land value.
att.
cc: Bill Kane
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MEMORANDUM
TO: Dave Ellis
FROM: Planning Staff (He)
RE: Sunrise Apartments - Final Subdivision Plat
DATE: December 14, 1976
Attached for your review is the final subdivision plat for Sunrise
Apartments submitted by Di,ck Meeker. The project is located on Lot
B, e and 0, Block 34 East Aspen. The revelw date is to be December
27, 1976. I know you will be out of town during this period. Please
inform me if this Council date is too early.
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l\1Yel\YIQWassociates
Ri(hardM..eker
,,,.t N"i"".1 a.nk Building 's'1l'fU~i~@n, Coh>.1I161l . 30lI9l5'.~9} or 3031<12,_2)31 ^ C Nicholson
December 10.1976
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Mr. lIal Clark
Planning Office - City of Aspen
HAND CARRIED
Aspen. Colorado 81611
RE: Sunrise Condominiums
Dear Mr. Clark:
Per Section 20-14 of t~e Sub-division regulations of the Aspen
Municipal Code. regarding final plat procedures, please find
enc lased fau r (4) copies of the fl nal p lat ~nd 1 andscapf"9
plan for Sunrise Condominiums sub-division. Also find enclosed
Durcheck in the amount of $7.38 per$ection 20-20(2).
Per Section ZO-14(A} we ask that you refer two (2) copies
of the enclosed to the Engineering Department for review.
Please feel free to call us if you have any questions or COMments.
Very truly yours,
ERVIEW ASSOCIATES
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,iChar~."'S. Meeker
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MEMORANDtlM
TO: Aspen Planning and Zoning Commission
FROM: Planning Staff (HC)
RE: Sunrise Apartments - Preliminary Plat Public Hearing
DATE: December 2, 1976
This is a public hearing to consider the Riverview Associates for Preliminary
Plat approval for the Sunrise Apartments located on Lots B, C, and 0, Block
34, East Aspen additional townsite, also known as the 1000 block of East
Hyman where it cUldesacs, consisting of eight (8) apartment units, five (5)
one bedroom units and three (3) studio units. The property contains 9,000
square feet and is zoned R-MF. The density is in conformance with R-MF
requirements.
The comments of the Planning Office are as follows:
1. The project is proposed as a multi-family building. We
feel the six month leasing provisions should be imposed as a
condition of approval of the preliminary plat by the
Rlanning and Zoning Commission.
2. Unquestionably a legitimate need exists in the community
for apartment units. These units, with the six month
requirements, will contribute to the supply of local
rental housing.
3. The comments of the City Engineer are attached. He
recommends approval with certain plat corrections.
4. The Planning Office recommends approval of the preliminary
plat subject to the six month restrictions.
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MEMO
TO:
HAL CLARK
DAVE ELLIS~
DECEMBER 1, 1976
FROM:
DATE:
RE:
SUNRISE APARTMENTS SUBDIVISION - PRELIMINARY PLAT
REVIEW
The engineering department has reviewed the subject plat and
finds it complete except for two errors in right-of-way widths
Subject to correction of these two errors we recommend pre-
liminary plat approval.
CC: Richard Meeker
420 E. Main
Aspen
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Rkf>,'dM.....ke'
fi,,, N.hon,l 6'nk Building . )o"l\~<#,(' A>pen, Colo. e1611 . >Ol/91S,H9.l or :W:\1915-2331 A C Nich"l<on
Suite 202
Noyember 8,1976
Hand Carrled to:
Mr. Hal Clark
Planning Office
City of Aspen
130 South Galena
Aspen, Colorado 81611
Dear Hal:
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Thls 15 a follow-up of my letter to you of October 19, 1976
(copy enclosed) regarding a request for Public Hearing before
the Aspen Planning and Zoning Commission for the Sunrise
Condominium project being developed by Rlvervtew Associates.
Per Section 20.11 and Section 20-13 based upon our submittal
date. we could be scheduled for a hearing as early as November 16.
1976 ff, of course. the Planning and Zoning Commission has a
scheduled meeting.
Thilnk you for your cooperation and please feel free to contact
us with any questions or comments.
Very truly yours,
~RVIEW ASSOCIATES
~rd J. Meeker
RJ!'tlo
Enclosure: 1
Co~ti"~ tJc>e l'
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ASPEN I PITI(ll\J 1?1~'nning Department
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aspen, ;,_~olorado/' 81611
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SUBDIVISION PLAN CHECK FORM
Mailing Date:
Subdivision:
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,JU/YlJiIlAO) iJi1c?Lat~
Agency:
1J4d-M ,Jo~mU
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The enclosed plat is provided so that each utilityc~mpany and public
agency may inspect the plat and the site, making comments, concerning
the placement of easements, etc., and where necessary sketching recommended
alterations on a copy of the plat.
Your comments and any corrections made on the plat must be returned to
the City/County Planning Office no later than 1/--y~~71o
If you have no comments please refer this form back to us making note
that you have no comment at this time.
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ASPEN !PITKIN l"JJlanningDepartinent
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asp en, ;__~ 0 I o,r a (h~...; 8 1 6 I I I
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SUBDIVISION PLAN CHECK FORM
Mail ing Date:
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d;lUK,J//. JfIO) 0/.11 C (_(1/; ~
Subdivision:
Agen cy :
'd--JA (J) IYh II ~)M ()(J )
The enclosed plat is provided so that each utility company and public
agency may inspect the plat and the site, making comments, concerning
the placement of easements, etc., and where necessary sketching recommended
alterations on a copy of the plat.
Your comments and any corrections made on the plat must be returned to
the City/County Planning Office no later than 11-,::y4:,-7~
If you have no comments please refer this form back to us making note
that you have no comment at this time.
.
flc:J C"{);v1/"'1If'/",f" 1'77 T)/'f ;//14:"
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ASPEN I PITI\]l"l]?lanning ,Departnnent
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aspen, ;,.~~olorado~,~ 8 I 611 /
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SUBDIVISION PLAN CHECK FORM
Mail i ng Date:
II) -qB'1fp
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Subdivision:
Agency:
f/~'rf duk1<\ ~~o~
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The enclosed plat is provided so that each utility company and public
agency may inspect the plat and the site, making comments, concerning
the placement of easements, etc., and where necessary sketching recommended
alterations on a copy 'of the plat.
Your comments and any corrections made on the plat must be returned to
the City/County Planning Office no later than 1/ -<Q~-7f
If you have no comments please refer this form back to us ma~ing note'
that you have no comment at this time.
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ASPEN!PITICIN P)~rGiE1g ,Department
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SUBDIVISION PLAN CHECK FORM
Subdivision:
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Mailing Date:
Agency:
Lt)a :1::/JA J IJ, ac.
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The enclosed pl at is provi ded so that each util ity company and pub 1 i c
agency may inspect the plat and the sHe, making comments, concerning
the placement of easements, etc., and where necessary sketching recommended
alterations on a copy of the plat.
Your comments and any corrections made on the plat must be returned to
the City/County Planning Office no later than !1-,:y~-7fe
If you have no comments please refer this form back to us making note
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ASPEN lPITKIN Phi'oning ,OepartIlnent
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I a 0 S 0 lit h g.c:d e n 4 S t r e e t
aspen, t.col~)rado,.~ 81611 /
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SUBDIVISION PLAN CHECK FORM,
Mailing Date:
Subdivision:
1{)-a8-1t.
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Agency:
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The enclosed plat is provided so that each utility company and public
agency may inspect the plat and the site, making comments, concerning
the placement of easements, etc., and where necessary sketching recommended
alterations on a copy of the plat.
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Your comments and any corrections made on the plat must be returned to
the City/County Planning Office no later than 1/-17~-J7~
If you have no comments please refer this form back to us ma~ing n~~
that you have no comment at this time. ~
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A ~ ~ ~ ~ A;: A _ RichardM"",ker
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flul NaH"".1 hnk ~u;lding . a.",n9 . A'p~n, Colo_ '1&11 . 303/925-<<93 or J.0319~5.21)1 A C Nicholson
October 19,1976
Mr. Hal Clark
Planning Office
Aspen, Colorado 81601
SUBJECT: SUNRISE SUBDIVISION
Dear Mr. Clark:
Per the requirements of Section 20.11 of the Municipal Code
of the city of Aspen regarding prelimin~ry plat proceedings,
please find enclosed 21 copies of the Preliminary Plat <lOci
Landscaping Plan for the Sunrise Condominium Apartments.
Th; s e; gilt unit project COns i sts of five townho~se one bedroom
units and three studio apartments. They afe to be built on
Lots B, C, and 0, Block 34, East Aspen additional townsite,
also known as the 1000 block of East Hyman where it cuhj~acs.
We request that you schedule us for a pub11c hear1ng before
the CHy Plann1ng Commission as soon as appropriate per
Sect10n 20-11. Please call us 1f you have any questions or
comments.
Very truly yours,
f::L~.",
R1chard J. Meeker, General Partner
Enclosures
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PUBLIC NOTICE
SunrIse Apartments - Preliminary Plat
Notice is hereby given that a public hearing will be held on December 7, 1976,
City Council Chambers before the Aspen Planning and Zoning Commission at 5:00 P.M.
to consider the preliminary plat of the Sunrise Apartments located on Lots B,
C, and D of Block 34, East Aspen Townsite. The project consists of five (5)
one-bedroom apartments and three (3) studio apartments.
A copy of the preliminary plat may be examined in the office of the Aspen/Pitkin
Planning Department during normal working hours.
Published in the Aspen Times 10/4/76.
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CITY-COUNTY SUBDIVISION REFERRAL~I
^
A. PLANNING DEPT. (2) ~
B. ENGINEERING (2) V
C. PLANNING & ZONING (n'"
D. RECREATION DEPT. (1) ~
E. FIRE MARSHALL (1) ~
F. WATER DEPT. (1) ..--
G. ELECTRIC ~
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'5:,,~ Iti s e ~ ~ U' LJ; t/, 6c.-f t!-'g"
P 12 e (~ ;?c.. Cl T P, /-1 /.k, '7
12. DIVISION OF WILDLIFE (WHITAKER) 197'
BOX 1153
ASPEN
1. CITY OF ASPEN
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13. ,MT. saPRIS SOW'>CONSERVATION SERVICE
CARBONDALE
2. TRAIL COORDINATOR
, DAVE RUSSELL
506 E. MAIN
ASPEN
14. ".cOLO. DIVISION OF WATER RESOURCES
'101 COLUMBINE BUILDING
1845 SHERMAN ST.
DENVER 80203
3. METRO SANITATION V
BOX 2810
, ASPEN
15. 'COLORADO GEOLOGICAL SURVEY
, 254 COLUMBINE BUILDING
1845 SHERMAN ST.
DENVER 80203
4. ASPEN FIRE DIST. #L
, C/O WILLARD CLAPPER 1./
BOX 2059
ASPEN
16. U.S. DEPT. OF AGRICULTURE
SOIL CONSERVATION SERVICE
GLENWooD SPRINGS 81601
5. MOUNTAIN BELL
BOX 2688
GPAND JUNCTION 81501
17. BUREAU OF LAND MANAGEMENT
GLENWooD SPRINGS RESOURCE ,AREA
BOX 1009
GLENWOOD SPRINGS 81601
6. HOLY CROSS ELECTRIC
C/O CLEMENT KOPF ~
1301 GRAND AVE.
GLEN'A'OOD SPRINGS 81601
18. STATE FORESTER
, LEROY D. SCOTT
1039 N. 7TH ST.
GRAND JUNCTION 81501
7. RICIil>RD LEE
ASPEN SCHOOL DISTRICT #1
BOX 300
ASPEN
19. SNOWMASS FIRE DEPT.
BOX 5700
ASPEN
8. ROCKY MOUNTAIN GAS CO.
C/O WILLARD CLAPPER
BOX 2059
ASPEN
20. SALVATION DITCH CO.
C/O DELA~EY & BALCOMB
818 COLORADO AVE.
GLENWooD SPRINGS 81601
9. COUNTY SANITARIAN
506 E. W\IN
ASPEN
21. WILLOW CREEK DITCH CO.
C/O LADA VRANY
BOX 658
ASPEN
22. COLO. DIVISION OF HIGHWAYS
606 SOUTH 9TH STREET
P.O. BOX 2107
GRAND JUNCTION. 81501
10. COUNTY ENGINEER
506 E. /I"'IN
ASPEN
11. U,S. FOREST SERVICE (BOB RANKIN)
BOX 359
ASPEN
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MEMORANDUM
TO: Aspen City Council
FROM: Planning Staff (HC)
RE:
Sunrise Apartments - Conceptual Subdivision and Subdivision
, Excepti on Request
October 6, 1976 "
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DATE:
This is an application by Riverview Association for Conceptual Sub-
division approval and an exception to the Subdivision Regulations for
the Sunrise Apartments which consists of eight (8) apartment units,
(five (5) one-bedroom units and three (3) studio units).
The property contains 9,000 square feet and is zoned R-MF. The density
is in conformance with R-MF requirements. The applicant has recently
submitted a request for building permit with the Building Inspector which
has been tabled pending subdivision review.
The comments of the Planning Office are ,as follows:
1. the project is a straightforward apartment development
with minimal, if any, development constraints.
2. The applicant would be willing to commit the units
for a minimum six month lease restriction:.
3. The original landscaping plan has been improved with
the addition of six (6) spruce trees and assorted
aspens. /
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4. UnquestionallY a legitimate need exists in the
community for apartment units. We feel these
apartments would contribute to the supply of local
renta.l housing. We will ask Brian Goodheim for
comments.
5. Section 20-19 "Exceptions and Exemptions" of the
Subdivision Regulations require certain findings
by the Planning Commission for the granting of ex-
ceptions which are as follows:
"(1) That there are special circumstances or con-
ditions affecting the subject property such that the
strict application of the provisions of this chapter
for which an exception is sought would deprive the
applicant of the reasonable use of his land; and
(2) That the exception is necessary for the
preservation and enjoyment of a substantial property
right of the applicant; and
(3) That the granting of the exception will not be
detrimental to the public welfare or injurious to
other property in the area in which the subject
property is situated,"
Exemptions to the Subdivision Regulations may be granted
upon a finding that a "division of land is not within the
intent and purpose of this chapter". The Planning Office
cannot support the granting of an exception due to the
inability of the applicant to meet the requirements
specifically No.1 arid No.2. We see no substantive reason
to grant an exemption.
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MEMO
CITY COUNCIL
SUNRISE APARTMENTS
October 6, 1976
Page Two
.:A,
6. The City Engineer recommends conceptual approval.
7. Our recommendation would be to grant conceptual
subdivision approval QDly.
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~veRYIQWassociates
Fim N~tio~.1 eo"" Building . l~.lIJf>1l . ""pen, Colo. 81611 . 3031''1$-449~ or 3Ol/92S.~J31
Suite 202
Richard Meeker
ACNicholron
September 30,1976
~r. Hal Cla rk
Planning Office
City of Aspen
130 South GlIlena
Aspen, Colorado 81611
Dear Mr. Clark:
Per Chdpter 20 ,Subd1vis i on. Sect 1 on 20~ 19. Except ions and
ExemptlonslCode of Ordinances, City of Aspen, Rivervlew Asso-
ciates hereby requests an exception from the strict /IDpllcatfon
of the procedural provisions of the Subdivision requirements.
There /IrE' two primary reasons for making this request:
1. The very time consumin9 process of subdivision would
not allow us to get the necessary approvals 1n time
for II ground breaking this faTl on II building for
which we already have complete and final working draw-
ings submitted to the Bul1ding Department; and
2. This application for exception is a very uncomplicated
and straightforward one in that all of the significant
requirements for subdivision and zoning are met and
you are not waiving any of the desIgn standards of
Section 20-17.
We recognize that if this procedural exception is granted we
shall still be subject to all the provisions of Chapter 20
including 20-18, the public park dedication fee and the Sub-
division Improvement Agreement, a copy of which will be submitted
to the City Council on October 12, 1976.
Enclosed find ten copies of the Subdivision Plat and Landscaping
Plan for the Subject project, to be called Sunrise Apartments.
We would appreciate your cooperation in obtaining comments from
the Engineering Department and scheduling us for the next Planning
& Zoning Meetlng of October 5,1976.
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Mr. Hal Clark
September 30,1976
page two
If you have any questions or need additional information please
don't hesitate to contact us.
Very truly yours,
iJrIRVI/W ASSOCIATES
(;{rWYrfuj~ker
RJMJo
Enel: 10 copies of Subdivision Plat and Landscaping Plan