HomeMy WebLinkAboutLand Use Case.120 E Main St.A56-92
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DATE RECEIVED:
DATE COMPLETE:
CASELOAD SUMMARY SHEET
City of Aspen
PARCEL ID AND
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STAFF MEMBER:
PROJECT NAME: Old Librarv Special Review Permit
Project Address: 120 E. Main st.
Legal Address: Lots M.N.O of Block 66
APPLICANT: Desian Workshop Inc.
Applicant Address: 710 E. Durant. Aspen. CO 81611
REPRESENTATIVE: Bill Kane. Desian WorkshoP Inc.
Representative Address/Phone: 710 E. Durant
Astlen. CO 81611
925-8354
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FEES: PI,ANNING $ 912
ENGINEEn $
HOUSING $
ENV. HEALTH $
TOTAL $
# APPS RECEIVED 11
# PLATS RECEIVED
PAID: (YES) NO AMOUNT: $912
NO. OF COPIES RECEIVED 111
TYPE OF APPLICATION: 1
P&Z Meeting Da~ 1l-1 cl \
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STEP: .
2 STEP: 2
YES ~~
YES NO
YES NO
YES NO
Paid:
Date:
PUBLIC HEARING:
VESTED RIGHTS:
CC Meeting Date
PUBLIC HEARING:
VESTED RIGHTS:
Planning Director Approval:
Insubstantial Amendment or Exemption:
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REFERRALS:
....city Attorney
.~ city Engineer
Housing Dir.
Aspen Water
city Electric
Envir.Hlth.
Aspen Con. S.D.
Mtn Bell
Parks Dept.
Holy Cross
Fire Marshall
Bldg Inspector
Roaring Fork
Energy Center
School District
Rocky Mtn NatGas
State HwyDept(GW)
State HWYDept(GJ)
Other
Clean Air Board
DATE REFERRED:
7/.;;L
INITIALS: ~.
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FINAL ROUTING:
DATE ROUTED:
INITIAL:
___ City Atty ___ City Engineer ___Zoning ___Env. Health
___ Housing Other:
FILE STATUS AND LOCATION:
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MEMORANDUM
TO:
Aspen Planning and Zoning Commission
FROM:
Leslie Lamont, Planning
RE:
Old Library Amended Special Review for On-Site Parking
and Cash- in-Lieu for Parking Mitigation
DATE:
October 20, 1992
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SUMMARY: Design workshop Inc. (DWI) seeks to establish on-site
parking and approval of cash-in-lieu for parking mitigation for the
Old Library building in the Office zone district. Parking is
established by Special Review from the Commission in the Office
zone district.
The Commission reviewed a parking plan for Design Workshop at the
August 4, 1992 meeting. The Commission approved a parking plan for
5 on-site parking spaces and cash-in-lieu for 10 parking spaces
(please see attached parking plan, Attachment A).
Design Workshop has successfully entered into a contract to
purchase a portion of the adjacent US West parking lot. Therefore,
the applicant seeks to amend their parking plan to provide more on-
site parking.
APPLICANT: Design Workshop Inc. as represented by Bill Kane
LOCATION: 120 East Main street, Aspen
ZONING: Office
APPLICANT'S REQUEST: To amend the parking plan that was approved
by the Commission in August of 1992 (please see attached amended
parking plan, Attachment B).
REFERRAL COMMENTS: Please see Attachment C.
STAFF COMMENTS: The Old Library parcel was rezoned from Public to
Office in April of 1990. As a result of the rezoning the parcel
became non-conforming with respect to parking. Unless the parcel
were to be redeveloped, required parking cannot be accommodated on-
site and the Zoning Code did not allow a reduction of on-site
parking beyond 1.5 spaces per 1,000 square feet of office space
without alternative mitigation. Consequently, staff was directed
by Council to amend the Office zone district to enable alternative
parking mitigation when parking cannot be provided on site.
Recent text amendments enable reduction of parking in the Office
zone district with mitigation by Special Review through the
Commission.
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DWI has now entered into a contract with US West to purchase a
portion of the US West parking lot which is located behind the Old
Library parcel. DWI proposes to provide on-site parking, for their
building, on the newly acquired us West land.
DWI will seek a lot line adjustment from city Council, at the
October 26, 1992 meeting, in order to document the acquired
property.
The net leasable space has been determined to be 5,042 square feet
which yields a total parking requirement of 15 spaces. The
applicant now proposes to provide 14 on-site parking spaces and
make a payment in lieu for the remaining 1 space.
However, the applicant must work with staff to ensure that there
is enough clearance for spaces 1-9.
Pursuant to section 7-404, whenever the off-street parking
requirements of a proposed development are subject to establishment
and/or mitigation via a payment in lieu by special review the
development application shall only be approved if the following
conditions are met:
1. In all zone districts where the Off-street parking
requirements are subject to establishment and/or mitigation
by special review, the applicant shall demonstrate that the
parking needs of the residents, customers, guests and
employees of the project have been met, taking into acco~nt
potential uses of the parcel, the projected traffic generation
of the proj ect, the proj ected impacts onto the on-street
parking of the neighborhood, its proximity to mass transit
routes and the downtown area, and any special services, such
as vans, provided for residents, guests and employees.
In determining whether to accept the mitigation or whether to
require that the parking be provided on-site, the commission
shall take into consideration the practical ability of the
applicant to place parking on-site, whether the parking needs
of the development have been adequately met on-site and
whether the city has plans for a parking facility which would
better meet the needs of the development and the community
than would location of the parking on-site.
RESPONSE: DWI intends to purchase the building for their office
use. They will not demolish the building but will establish the
business in the existing parameters of the structure. Based upon
their operational needs the company has calculated that 4,052
square feet of net leasable is necessary for their daily operations
and approximately 3,146 square feet is attributed to circulation,
bathrooms and storage area. DWI also proposes to lease 1,000
square feet. Thus the total net leasable equals 5,052 square feet.
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This new parking plan provides more parking on-site. staff has
long encouraged DWI to pursue the purchase of the us West parking
lot.
The Planning Director, interpreting the Special Review section of
the Code, has determined that the Commission does have the ability
to review and approve a site specific parking plan.
Again, staff supports the proposed parking plan for the following
reasons:
*
The building
use. Cars
necessary.
is under one ownership and one principal
can be easily controlled and moved if
* The alley behind the old library has been vacated and is
now a private access easement off of Garmisch Street.
Only one car at a time can pull onto Garmisch street.
* A RFTA bus stop and easement that services most primary
bus routes is directly in front of the building.
* Stacking is already a concept used for residential uses.
* If more parking is accommodated on-site less cars will
park in the surrounding neighborhood. A payment-in-lieu
does not keep cars out of the neighborhoods.
* If the parcel were redeveloped, the non-conforming nature
of the structure would be required to be rectified.
2. In all zone districts, where the off-street parking
requirement may be provided via a payment in lieu, the
applicant shall make a one-time only payment to the city, in
the amount of $15,000 per space. Approval of the payment-
in-lieu shall be at the option of the commission.
RESPONSE: To meet the full parking requirement in the Office zone
district the building would have to be demolished. To comply with
the parking requirement for the remaining parking spaces that will
not fit on-site DWI will need to make a payment-in-lieu for a total
to be determined by the Planning and Engineering Department.
RECOMMENDATION: Staff.recommends approval of the amendment to the
approved parking plan for 120 East Main Street and a payment-in-
lieu for the parking spaces that cannot be accommodated on-site at
$15,000 a space with the following conditions:
1. Prior to the issuance of a certificate of occupancy the
applicant shall make a one time payment for one parking space that
cannot be accommodated on-site.
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2. Prior to the issuance of a certificate of occupancy, the
applicant shall implement the 'approved parking plan.
3. The applicant shall obtain a tree removal permit for any trees
six inches in caliper or greater that are proposed to be removed.
4. A sign shall be posted at the entrance of the driveway off of
Garmisch street stating that this is a driveway and do not block.
5. The cars shall only be stacked two deep.
6. surrounding property owners shall be consulted prior to signing
the parking spaces.
7. This Special Review is subject to subdivision approval by city
Council.
RECOMMENDED MOTION: II I move to approve the amendment to the on-
site parking plan for 120 East Main and the payment-in-lieu for one
parking space that cannot be accommodated on-site, as required in
the Office zone district, at $15,000 with conditions 1-7 as
amended."
ATTACHMENTS:
A. Parking Plan approved August 1992
B. Amended parking Plan
c. Enqineering Referral Comments
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ATTACHMENT A
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ATTACHMENT B
AMENDED PARKING PLAN
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Access Easement
Book 202, Page 429
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ATTACHMENT C
MEMORANDUM
To: Leslie Lamont, Planning Office
From: Rob Thomson, Project Engineer
Date: October 15, 1992
Re: Old Library Special Review - Parking
Having reviewed the. submitted drawing, the engineering department has the following comments:
1. Based on the City of Aspen's parking standards and referencing the Institute of Transportation
Engineers Transportation and Traffic Engineering Handbook, the current parking configuration does
not work. The new spaces along the north property line need to have a minimum of24 feet of clear
space between the end of the stall and the wall, this is to facilitate turning movements. The parking
plan submitted only has 15 feet.
2. In examining angle parking, both 45 degree and 60 degree, I find that there will be 4 less spaces
and 2 less spaces respectively. Only the 45 degree parking meets the minimum clearance standard.
It is staffs position that angle parking would be a more practical design for this site.
3. Although stacking was permitted in the previous review, spaces 13 and 14 appear to be in
conflict with the access to the other parking spaces.
Recommended Conditions
1. The applicant shall resubmit a drawing depicting the new property lines with planned site
improvements and a revised parking configuration.
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Ci.ty counci.l hh....it-B.-
Approved , It _
By Ordinance
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SUbdivision US West and DWI have entered into a 2 parcel
subdivision in order to adjust their property boundaries and convey
2,520 square feet of land to DWI.
1. Pursuant to section 7-1004 C.1., the General Requirements for
subdivision are as follows:
(a) The proposed development shall be consistent with the
Aspen Area Comprehensive Plan.
RESPONSE: The intent of the subdivision proposal is to enable
Design Workshop Inc. to provide more on-site parking. The Aspen
Area Comprehensive Plan does not specifically address this property
or the recent zone changes to the Design Workshop property.
(b) The proposed subdivision shall be consistent with the
character of existing land uses in the area.
RESPONSE: Existing land uses in the area include office and lodge
along Main Street and residential on Bleeker Street. The focus of
months of work with Design Workshop has been parking mitigation.
The provision of more on-site parking to accommodate office use in
the Old Library building dissuades occupants of the building from
parking in adjacent neighborhoods. This subdivision helps to
maintain the existing character of the neighborhood.
In addition, many uses along Main street provide customer/employee
parking at the rear of their buildings.
The existing character of the us West parcel or surrounding
properties will not change. Because the small piece that is being
conveyed to DWI is at the rear of the property, the appearance from
the street of the us West lot from the street should not change
significantly.
(c) The proposed subdivision shall not adversely affect the
future development of surrounding areas.
RESPONSE: Other than redevelopment of the us West property, the
only parcel left with substantial development potential on this
block are Lots A & B totaling 6,000 square feet. currently there
is a nonconforming fourplex on the property. Future development
of this property is not affected by this subdivision.
(d) The proposed subdivision shall be in compliance with all
applicable requirements of this chapter.
RESPONSE: The subdivision is intended for on-site parking only.
If Design Workshop proposed to expand the building, the acquired
parcel would be considered additional lot area for floor area
purposes if rezoned to Office. However, any additional development
would require a growth management review process including
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mitigation for open space, parking and employee housing.
The US West parcel is zoned R-6 and the required minimum lot area
in the R-6 zone district is 6,000 square feet. After the
subdivision, US West will retain 16,500 square feet of land which
complies with underlying zoning. This is enough lot area in the
R-6 zone district to allow future development of either a single
family or duplex residence.
The switching station is a nonconforming use in the R-6 zone
district and cannot expand. If the property were redeveloped a
single family or duplex residence is the only permitted use in this
zone district.
If US West seeks to develop their property for more than two
dwelling units, all applicable chapters of the Municipal Code,
including SUbdivision, rezoning and GMP would apply.
2. Pursuant to section 7-1004 C. 2 - 5, the pertinent subdivision
requirements are as follows:
(a) Land Suitability - The proposed subdivision shall not
be located on land unsuitable for development because of
flooding, drainage, rock or soil creep, mudflow, rock
slide, avalanche or snowslide, steep topography or any
other natural hazard or other condition that will be
harmful to the health, safety, or welfare of the
residents in the proposed subdivision.
RESPONSE: There are no natural hazards that exist on the site that
would endanger the welfare of future residents. However, Design
Workshop shall work with the Engineering Department to ensure that
historic drainage patterns are retained in the new parking lot.
(b) spatial Pattern - The proposed subdivision shall not be
designed to create spatial patterns that cause
inefficiencies, duplication or premature extension of
pUblic facilities and unnecessary pUblic costs.
RESPONSE: There are no unnecessary public costs associated with
this proposal.
3 & 4. Improvements and Design Standards - following is a review
of the relevant subdivision standards:
(a) ELECTRIC, TELEPHONE, NATURAL GAS AND CABLE TV - The
electric transfor~er shall remain in the current location but
two out of the three telephone pedestals will be relocated.
(b) DRAINAGE - A drainage plan, complete with calculations
must be provided by an engineer registered in the State of
Colorado and submitted to the Engineering Department to ensure
that historic drainage patterns are retained in the new
parking lot.
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RESPONSE: This rezoning will have no affect on public facilities.
f. Whether and the extent to which the proposed amendment
would result in significantly adverse impacts on the natural
environment.
RESPONSE: It is necessary to relocate or replace a very large
spruce tree pursuant to a tree relocation permit.
g. Whether the proposed amendment is consistent and
compatible with the community character in the City of Aspen.
RESPONSE: The proposal to provide on-site parking combined with
payment-in-lieu helps keep employee parking out of adjacent
neighborhoods and helps fund the parking program.
h. Whether there have been changed conditions affecting the
subject parcel or the surrounding neighborhood which support
the proposed amendment.
RESPONSE: In 1961 the alley on this block was vacated. Nine
hundred square feet of the land being conveyed to Design Workshop
Inc. is the vacated alley. In 1990, the Design Workshop parcel was
rezoned from Public to Office. The Office zone district requires
more stringent parking requirements than Public. These two events
support the rezoning from R-6 to Office to facilitate Design
Workshop's parking plan.
i. Whether the proposed amendment would be in conflict with
the pUblic interest, and is in harmony with the purpose and
intent of this chapter.
RESPONSE:
policy.
The amendment is consistent with established public
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MEMORANDUM
TO:
Aspen Planning and Zoning commission
FROM:
Leslie Lamont, planning
RE:
Old Library Special Review for On-site Parking and Cash-
in-Lieu for Parking Mitigation
DATE:
August 4, 1992
=================================================================
. SUMMARY: Design Workshop Inc. (DWI) seeks to establish on-site
parking and approval of cash-in-lieu for parking mitigation for the
Old Library building in the Office zone district. Parking is
established by Special Review from the Commission in the Office
zone district.
Staff recommends approval of the cash-in-lieu for 10 spaces and
five on-site parking spaces.
APPLICANT: Design Workshop Inc. as represented by Bill Kane
LOCATION: 120 East Main Street, Aspen
ZONING: Office
APPLICANT'S REQUEST: To establish on-site parking spaces and a
cash-in-lieu payment for parking through the Special Review process
(please see attached site plan, Attachment A).
REFERRAL COMMENTS: Please see Attachment B.
STAFF COMMENTS: The Old Library parcel was rezoned from Public to
Office in April of 1990. As a result of the rezoning the parcel
became non-conforming with respect to parking. Unless the parcel
were to be redeveloped, required parking cannot be accommodated on- ~
site and the Zoning Code did not allow a reduction of on-site .\~I'-'~
parking beyond 1.5 spaces per 1,000 square feet of office space ~ij~ d\
without alternative mitigation. Consequently, staff was directedf1b~
by Council to amend the Office zone district to enable alternative
parking mitigation when parking cannot be provided on site.
Recent text amendments enable reduction of parking in the Office
zone district. w'th mitigation by ~pecial Review th~ough the
Commission. J..", ,;W.l,' <:4$ Iii Ilev, ~_J .,/
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DWI is proposing to purchase the buildin~rom pitkin Cotlhty. The
net leasable space has been determined to be 5,042 square feet
which yields a total parking requirement of 15 spaces. The
applicant has proposed to place five parking spaces on-site and
make a payment in lieu for the remaining 10 spaces (please refer
to attachment A).
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Pursuant to section 7-404, I(whenever the off-street parking
requirements of a proposed development are subject to establishment
and/or mitigation via a payment in lieu by special review the
development application shall only be approved if the following
conditions are met: II
1.
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In all zone districts where the off-street parking
requirements are subject to establishment and/or mitigation
by special review, the applicant shall demonstrate that the
parking needs of the residents, customers, guests and
employees of the project have been met, taking into account
potential uses of the parcel, the projected traffic generation
of the project, the projected impacts onto the on-street
parking of the neighborhood, its proximity to mass transit
routes and the downtown area, and any special services, such
as vans, provided for residents, guests and employees.
n determining whether to accept the mitigation or whether to ~~
require that the parking be provided on-site, the ~ommission
shall take into consideration the practical ability of the
applicant to place parking on-site, whether the parking needs ~
of the development have been adequately met on-site and
whether the city has plans for a parking facility which would
better meet the needs of the development and the community
than would location of the parking on-site.
RESPONSE: DWI intends to purchase the building for their office
use. They will not demolish the building but will establish the
business in the existing parameters of the structure. Based upon
their operational needs the company has calculated that 4,052.
square feet of net leasable is necessary for their daily .operations
and approximately 3,146 square feet is attributed to circulation,
bathrooms and storage area. DW! also proposes to lease 1,000
square feet to the Aspen/Pitkin Housing Authority. Thus the total
net leasable equals 5,052 square feet.
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By virtue of ~ccess easement across the northern 15 feet
of the propert the west and connecting to Garmish Street, DWI
proposes to delineate five parking spaces on-site utilizing two
spaces for stacked parking.
The Planning ni~9~tor, interpreting the Special Review section of
the Code, has determined that the Commission does have the ability
1;,0 review and apprOVF> a site specific parking' plan. Although
Section 24-5-302 A., requires that "each parking space, except
those provided for detached residential dwellings and duplex
dwellings, shall have a public unobstructed area for access to a
street or alley" the Director's interpretation provides the
o 's ion i ilit throu h the S ecial Review language to
review and recommend on this parkinq plan for the parce .
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staff supports the proposed parking plan for the following reasons:
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The building
use. Cars
necessary.
is under one ownership and one principal
can be easily controlled and moved if
The alley behind the old library has been vacated and is
now a private access easement off of Garmisch street.
Only one car at a t1me can pull onto Garmisch street.
*
A RFTA bus stop and easement that services most primary
bus routes is directly in front of the building.
*
staCking is already a concept used for residential uses.
*
If more parking is accommodated on-site less cars will
park in the surrounding neighborhood. A payment-in-lieu
does not keep cars out of the neighborhoods.
*
If the building were condominiumized, a stacked parking
arrangement would not be appropriate because of multiple
owners equal less control of parking.
*
If the parcel were redeveloped, the non-conforming nature
of the structure would be required to be rectified.
In addition DWI is pursuing a long-term lease with us West which
owns the switching station and adjacent parking behind the old
library parcel. The switching station has become virtually self-
operating with the need for a warm body only once a week. In the
event that DWI secured a long-term lease for the parking lot then
a significant amount of parking could be located adjacent to the
old library parcel and some additional parking may fit on the old
library site. DWI would like the opportunity in the future to
request an amendment of their parking plan and a reimbursement from
the payment in lieu for the number of spaces being provided on-
I site and off-site.
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In all zone districts, where the off-street parking
requirement may be provided via a payment in lieu, the
applicant shall make a one-time only payment to the city,
in the amount of $15,000 per space. Approval of the
payment-in-lieu shall be at the option of the commission.
RESPONSE: To meet the full parking requirement in the Office zone
district the building would have to be demolished. To comply with
the parking requirement for the remaining 10 parking spaces DWI
proposes a payment in lieu for a total payment of $150,000.
Because DWI may secure a long-term lease with us West for adjacent
parking some payment in lieu may be reimbursed. staff recommends
that a portion of the payment in lieu be restricted within the
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for one year from the time of approval, in
a reimbursement. Reimbursement will be dependent
lease with US West and subject to approval by the
parking Fund,
anticipation of
upon a long-term
commission.
RECOMMENDATION: Staff recommends approval of five on-site parking
spaces for 120 East Main street and a payment in lieu for the
remaining 10 parking spaces at $15,000 a space with the following
conditions:
1. Prior t-n tae iss!lance of any bui lding permits or occupancy
qertificate the applicant shall make a one time payment ror
$150,000 to the Parking Fund, a portion of which shall be secured
for reimbursement purposes for one year from this approval. A
receipt shall be copied to the Planning and Building Departments
upon payment. The amount that is secured will depend upon the
parking capacity of the us West parking lot. The applicant shall
work with the Planning and Engineering Departments to determine the
permitted number of parking spaces.
2. Prior to the issuance of any building permits or certificate
of occupancy, the applicant shall create and sign five on-site
parking spaces pursuant to the attached site plan.
3. The applicant shall obtain a tree removal permit for any trees
6" in caliper or greater that are proposed to be removed.
4. If Design Workshop Inc. secures a long-term lease from us West
for adjacent parking, this parking plan shall be reviewed and
amended by Planning and the Commission to reflect the adjacent off-
site parking and any new on-site parking spaces. Design Workshop
Inc. shall be refunded the commensurate amount of payment in lieu
based upon the amended parking plan.
5. A sign shall be posted at the entrance of the driveway off of . ~
Garmisch Street stati~~ that this is a driveway and do not block, p~or-
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6. If th~building is cond6miniumized or more than ~2 square
feet of net leasable space is SUb-let, approval shall be contingent
upon only three on-site parking spaces. The applicant shall have
the option to provide off-site parking subject to review by the
Planning Department and Planning and Zoning commission or a
payment-in-lieu for the two parking spaces that will be eliminated
with the condominiumization or SUb-letting of the building.
7. The cars shall only be stacked two deep.
8. Surrounding property owners shall be consulted prior to signing
the parking spaces.
9. provisions for snow and trash storage on site shall be reviewed
by the Engineering Department.
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RECOMMENDED MOTION: I move to approve the on-site parking plan for
120 East Main and the payment in lieu of $150,000 for the remaining
parking that is required in the Office zone district with
conditions 1-9 as stated above.
ATTACHMENTS:
A. Site Plan
B. Engineering Referral Comments
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ATTACHMENT B
MEMORANDUM
To: Leslie Lamont, Planning Office
From: Rob Thomson, Project Engineer
Date: July 29, 1992
Re: Old Library Special Review - Revised
Having reviewed the above application, and having made a site
inspection, the engineering department has the following comments:
1. The application is showing the vehicle parking in a stacked
configuration. Section 5-302.A of the municipal code states that
spaces must have unobstructed access to a street or alley.
Stacking is an obstructed access and in general not very practical.
However, stacking is permitted in detached residential and duplex
dwellings and could work on this site.
Physically there is room to configure five parking spaces on
site. There will be an increase in noise and general congestion
with the new parking plan, quite possibly having a negative effect
on the surrounding property owners. The vehicles should only be
stacked two deep and there also should be provisions for snow
storage.
2. In addition to the code, there is concern that the shuffling
of vehicles will create additional congestion on the street. Also,
there is an existing problem with people blocking this driveway.
There should be a sign posted at the entrance of the drive off
Garmisch stating that this is a driveway and do not' block.
3. There are some very large shrubs that will need to be removed
to accommodate the parking spaces as shown.
Recommended Condition of Approval
1. Section 5-302.A of the land use regulations does not allow
stacked spaces for this land use. If, by this special review,
stacking is allowed the following recommendations should apply:
a. The cars only be allowed to be stacked two deep.
b. The surrounding property owners be consulted.
c. provisions for snow storage.
d. A sign place at the driveway entrance on Garmisch.
6
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Recommended Condition of Approval
1. section 5-302.A of the land use regulations does not allow
stacked spaces for this land use. If, by this special review,
stacking is allowed it is staff's recommendation that the stacking
only involve two cars, not three, and only receive partial credit
for the stacked space.
STAFF COMMENTS: The Old Library parcel was rezoned from Public to
Office in April of 1990. As a result of the rezoning the parcel
became non-conforming with respect to parking. Unless the parcel
were to be redeveloped, required parking cannot be accommodated on-
site and the Zoning Code does not allow a reduction of on-site
parking beyond 1.5 spaces per 1,000 square feet of office space
without alternative mitigation. Consequently, staff was directed
by Council to amend the Office zone district to enable alternative
parking mitigation when parking cannot be provided on site.
Recent text amendments enable reduction of parking in the Office
zone district with mitigation by Special Review through the
Commission.
DWI is proposing to purchase the building from Pitkin County. The
net leasable space has I;>een determined to be 5,042 square feet
which. yields a total parking requirement of 15 spaces. The
applicant has proposed to place five parking spaces on-site, please
refer to attachment A, and make a payment in lieu for the remaining
10 spaces.
Pursuant to Section 7-404, whenever the off-street parking
requirements of a proposed development are subject to establishment
and/or mitigation via a payment in lieu by special review the
development application shall only be approved if the following
conditions are met:
,,;.,
1. In all zone districts where the off-street parking
requirements are subject to establishment and/or
mitigation by special review, the applicant shall
demonstrate that the parking needs of the residents,
customers, guests and employees of the project have been
met, taking into account potential uses of the parcel,
the projected traffic generation of the project, the
proj ected impacts onto the on-street parking of the
neighborhood, its proximity to mass transit routes and
the downtown area, .and any special services, such as
vans, provided for residents, guests and employees.
In determining whether to accept the mitigation or
whether to require that the parking be provided on-site,
the commission shall take into consideration the
practical ability of the applicant to place parking on-
2
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site, whether the parking needs of the development have
been adequately met on-site and whether the city has
plans for a parking facility which would better meet the
needs of the development and the community than would
location of the parking on-site.
RESPONSE: DWI intends to purchase the building for their office
use. They will not demolish the building but will establish the
business in the existing parameters of the structure. Based upon
their. operational needs the company has calculated that 4,052
square feet of net leasable is necessary for their daily operations
and approximately 3,146 square feet is attributed to circulation,
bathrooms and storage area. DWI also proposes to lease 1,000
square feet to the Aspen/Pitkin Housing Authority. Thus the total
net leasable equals 5,052 square feet.
By virtue of a public access easement across the northern 15 feet
of the property to the west and connecting to Garmish street, DWI
proposes to delineate five parking spaces on-site utilizing two
spaces for stacked parking.
staff cannot support the stacked parking arrangement. Section 24-
5-302 A., requires that "each parking space, except those provided
for detached residential dwellings and duplex dwellings, shall have
a public unobstructed area for access to a street or alley."
In addition, DWI is aggressively pursuing a long-term lease with
us West which owns the switching station and adjacent parking
behind the old library parcel. The switching station has become
virtually self-operating with the need for a warm body only once
a week. In the event that DWI secured a long-term lease for the
parking lot then a significant amount of parking could be located
adjacent to the old library parcel and some additional parking may
fit on the old library site. DWI would like the opportunity in the
future to request an amendment of their parking plan and a
reimbursement from the payment in lieu for the number of spaces
being provided on-site and off-site.
2. In all zone districts, where the off-street parking
requirement may be provided via a payment in lieu, the
applicant shall make a one-time only payment to the city,
in the amount of $15,000 per space. Approval of the
payment-in-lieu shall be at the option of the commission.
RESPONSE: To meet the full parking requirement in the Office zone
district the building would have to be demolished. To comply with
the parking requirement for the remaining 12 parking spaces DWI
proposes a payment in lieu for a total payment of $180,000.
Because DWI may secure a long-term lease with us West for adjacent
parking some payment in lieu may be reimbursed. Staff recommends
3
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that a portion of the payment in lieu be restricted within the
Parking Fund, for one year from the time of approval, in
anticipation of a reimbursement. Reimbursement will be dependent
upon a long-term lease with US West and subject to approval by the
Commission.
RECOMMENDATION: Staff recommends approval of three on-site parking
spaces for 120 East Main street and a payment in lieu for the
remaining 12 parking spaces at $15,000 a space with the following
conditions:
1. Prior to the issuance of any building permits or occupancy
certificate the applicant shall make a one time payment for
$180,000 to the Parking Fund, a portion of which shall be secured
for reimbursement purposes for one year from this approval. A
receipt shall be copied to the Planning- and Building Departments
upon payment. The amount that is secured will depend upon the
parking capacity of the us West parking lot. The applicant shall
work with the Planning and Engineering Departments to determine
that number.
2. Prior to the issuance of any building permits or occupancy
certificate the applicant shall create and sign three on-site
parking spaces pursuant to the attached site plan.
3. The applicant shall obtain a tree removal permit for any trees
6" in caliper or greater that are proposed to be removed.
4. If Design Workshop Inc. secures a long-term lease from US West
for adj acent parking, this parking plan shall be reviewed and
amended by Planning and the Commission to reflect the adjacent off-
site parking and any new on-site parking spaces. Design Workshop
Inc. shall be refunded the commensurate amount of payment in lieu
based upon the amended parking plan.
5. A sign shall be posted at the entrance of the drive off of
Garmisch stating that this is a driveway and do not block.
RECOMMENDED MOTION: I move to approve the on-site parking plan for
120 East Main and the payment in lieu of $180,000 for the remaining
parking that is required in the Office zone district with
conditions 1-4 as stated above.
4
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MEMORANDUM
TO:
Aspen Planning and Zoning commission
FROM:
Leslie Lamont, Planning
RE:
Old Library Special Review for On-site Parking and Cash-
in-Lieu for Parking Mitigation
DATE:
July 21, 1992
-----------------------------------------------------------------
-----------------------------------------------------------------
SUMMARY: Design Workshop Inc. (DWI) seeks to establish on-site
parking and approval of cash-in-lieu for parking mitigation for the
Old Library building in the Office zone district. Parking is
established by special Review in the Office zone district.
Staff recommends approval of the cash-in-lieu for 12 spaces and
three on-site parking spaces.
APPLICANT: Design Workshop Inc. as represented by Bill Kane
LOCATION: 120 East Main street, Aspen
ZONING: Office
APPLICANT'S REQUEST: To establish on-site parking spaces and a
cash-in-lieu payment for parking, please see attached site plan.
REFERRAL COMMENTS:
Engineering
application
comments:
and
The Engineering Department has
inspected the site and offers
reviewed the
the following
1. The application is showing the vehicle parking in a stacked
configuration. Section 5-302.A of the municipal code states that
spaces must have unobstructed access to a street or alley.
Stacking is an obstructed access and in general not very practical.
Stacking is permitted in detached residential and duplex dwellings,
which has only involved two cars and not three. Staff would not
recommend that the applicant get full credit for a stacked space.
2. In addition to the code, there is concern that the shuffling
of vehicles will create additional congestion on the street. Also,
there is an existing prOblem with people blocking this driveway.
There should be a sign posted at the entrance of the drive off
Garmisch stating that this is a driveway and do not block.
3. There are some very large shrubs that will need to be removed
to accommodate the parking spaces as shown.
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MEMORANDUM
To: Leslie Lamont, Planning Office
From: Rob Thomson, Project Engineer ~~
Date: July 15, 1992
Re: Old Library Special Review
Having reviewed the above application, and having made a site
inspection, the engineering department has the following comments:
1. The application is showing the vehicle parking in a stacked
configuration. Section 5-302.A of the municipal code states that
spaces must have unobstructed access to a street or alley.
StaCking is an obstructed access and in general not very practical.
StaCking is permitted in detached residential and duplex dwellings,
which has only involved two cars and not three. Staff would not
recommend that the applicant get full credit for a stacked space.
2. In addition to the code, there is concern that the shuffling
of vehicles will create additional congestion on the street. Also,
there is an existing problem with people blOCking this driveway.
There shOUld be a sign posted at the entrance of the drive off
Garmisch stating that this is a driveway and do not block.
3. There are some very large shrubs that will need to be removed
to accommodate the parking spaces as shown.
Recommended condition of Approval
1. Section 5-302.A of the land use regulations does not allow
stacked spaces for this land use. If, by this special review,
stacking is allowed it is staff's recommendation that the stacking
only involve two cars, not three, and only receive partial credit
for th~ stacked space.
cc: Chuck Roth, City Engineer
rt/CASELOAD92.018
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ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5197
MEMORANDUM
TO: City Engineer
FROM: Leslie Lamont, Planning Office
RE: Old Library Special Review
DATE: July 2, 1992
Attached for your review and comments is an application submitted by Design
Workshop requesting Special Review approval for 120 E. Main Street.
Please return your comments to me no later than July 10, 1992. Thank you.
^
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Design Workshop, Inc.
Ms. Leslie Lamont
July 1, 1992
We look forward to your review and we appreciate your assistance. If
you have any questions, please do not hesitate to contact me.
Sincerely,
Design Workshop, Inc.
By: ~$;,4ft~
Will Lam G. Kane, Partner
WGK/msm
Encl:
permission to apply:
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C.A. Vidal, Chairman
Pitkin County Libary Board
as agent for Pitkin county
,....\
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Design Workshop, Inc.
Landscape Architecture
Land Planning
Urban Design
June 30, 1992
710 E. Durant Ave.
Aspen, Colorado
31611
Telephone
:30:3 925-8354
Ms. Leslie Lamont
Aspen/Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
Dear Ms. Lamont:
Facsimile
Please accept this package as an application for Special Review
Approval to permit a combination of on-site parking and the
substitution of cash-in-lieu to meet off-street parking associated with
our pending purchase of the old library building at 110 East Main.
:303 920-1:337
Denver
As you know, we have made a full price offer to Pitkin County for the
building, listing approval of parking mitigation as a contingency to
this offer of purchase.
Phoenix
To summarize ~his application, we have calculated our net leasable
space to be 5,042 sf. which at three spaces/l,OOO sq. ft. yields a total
requirement for 15 spaces. We believe that we can accommodate five
spaces on-site leaving 10 spaces to be mitigated via payment of cash-
in-lieu.
We are requesting that the Planning Commission make a finding that our
five on-site spaces are valid and that the balance can be met through
cash-in-lieu.
Attached is our check and the required attachments including legal
description, vicinity map, title insurance certificate, and proposal
description. Any of the five owners of Design Workshop are authorized
to act on our behalf. They include: Joe Porter, Don Ensign( Kurt
Culbertson, Richard Shaw, and myself.
DESIGNWORKSHOP
,,-....,
,,-....,
Design Workshop, rnc.
Description of Prooosal
The former Pitkin County Library building will be turned from public
ownership to private ownership, with the sale of the building. With
this zoning change, the new ownership must meet parkingreguirements.
This proposal addresses mitigation of parking requirements associated
with the old library building.
1. Net leasable space is determined to be 5,042 sq. ft. This yields
a total parking requirement of 15 spaces.
2. Exhibit A illustrates the feasibility for the location of five
spaces on-site. Access to these spaces is provided by virtue of
a public access easement across the northern 15 feet of the
property to the west and connecting to Garmish street.
3. The essence of the request is to find that the on-site parking
plan is valid and that the balance of the spaces required (10)
may be met via payment by cash-in-lieu.
4. We believe that this approach is encouraged by ordinance #35 of
1992 and the following are offered as supporting considerations:
a. The findings cited as a basis for the ordinance indicate a
desire to consider "pre-existing nonconformities which by
their allowance might serve to protect buildings from
modifications or demolition."
b. The parking spaces, while "stacked," do represent a
practical solution in that the building will be under one
ownership and one principal use. Cars can easily be
controlled and represent UQ programmatic problems.
c. The Housing Authority is proposed as a tenant and their
employees are provided free transit usage.
d. All major bus routes have a stop at the front door of the
building.
5. The old library building is an appropriate example of cash-in-
lieu as intended by Ordinance 35, 1992. provision of the full
requirement of three spaces/l,.OOO sq. ft. is impossible to meet
without demolition. The building is on all City and County
transit routes and as a firm, we have a high percentage of
transit riders, bike riders and walkers.
,-.,
.ro
Design Workshop, Inc.
6. The Housing office is proposed as a prime tenant and all
employees have free transit privileges and a major bus stop at
the front door.
7. provision of greater than ten spaces via cash-in-lieu make the
prospect of meeting a full price offer difficult in light of
financing and value realities.
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2)
1""". .AT.I'AOlMENl' 1
l.J\ND USE APPLICATICN :roRM
Project Nama {fJ"UJ J.113/?IJ;t2Y , {])uJN:;15 {JP {Joe
Project ItJcation tIfl7c~ M. /I. tJ . oj:. ,8,J()e;.!{;; G
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/ 20j€. f/l-f)/IY $7: A<~ (10. g/fR f'
(inlicate street address, lot & . blcx::k , legal description whel:e
awrqlriate)
Present Zoning 6 - &rrcr!t 4) lot size 8, cw sf
. ,
Awlicant's Nama, 1\ddress & :axme # 1JB3/(//V lldJfi!)::f;)J(J.P /A-C-
11ft) E PORMr) P/W) d"2.. ,4/()?//
Representative's Name, 1\ddress & Ib::>ne # ) t<l1).)./,(JH r-;. 1<f<JN'~
71(). Ii, lXjRA#il)~;Y; tf). R/fil/ C::;Zs-flMt/
'J:Ype of Awlication (please dIeck all that awly): .
3)
5)
6)
7)
Conlitional Use
..,./ SJ?E'<"i" 1 Review
8040 Greenlme
_ Canoeptual SPA
Final SPA
_ CClOOepbla1 Historic Dev.
~ Final Historic Dev.
_ Canoeptual roo
_ Minor Historic Dev. .
_ Historic D3r0lition
_ Historic Designation
_ GtlS AllobJalt
_ GtlS Exen1?tion
_ stream Margin
Mxmt:ain view Plane
,
Final roo
SUbdivision
Cb1'xhnini.umization _ TextjMap ~
. _ lot spUtjIDt Line
1\djtlSt:oe'rt:
8) Description of Exist:in:J Uses (p1lThPr an:! t}lpe. of ex:istin;J sb:uctm:es;
awraximate sq. ft.; nmi:Jer of b..h.uaJS; any previcu; ag>rovals granted to the
pl::'q)erty) .
~ t!OJ $,;:' tYN/hYT )jbR~Y i8a/..<;D/~
9) Description. of Develq;:nent. Awlication
/ZEf[UWJ/ /?);e ~(9t?E~i5 Cf.P
I.) NY- )f?~:E @4??f~A6 .3 .)C*./? .-/JV- .)/~V
.
z.) l~ CJN c$o;E. P/?/E'/#~ :!/~s /if/:.. P,-(1-/Z;t:/Ht7-
10) Have yw attad1ed the followirg?
~ Response to AttadmIent 2, M:inimJm Snhni<<...ion Contents
~ Response to Attadlment. 3, SpeCific Snhni<<...ion Oantents
-L Response to AttaLiw""llL 4, Review starmms for Your AwUcation
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Itkin
ounty
, "brary
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120 East Main Street
Aspen, Colorado 81611
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PITKIN COUNTY 1.IBRARY BUILDING
120 East Main St~~et
A.spen, Colorado
LEGAL DESCRIPTION OF PROPERTY
In the County of Pitkin, and State of Colorado. the Easterly
20 feet of Lot M. all of lot N and all of ~ot O. 1n Block 66.
and the Southerly 10 feet of the vacated alley through the
block adjacent and contiguous to said Lots N, 0 and the Easterly
20 feet of Lot M. Block 66. in the City and Townsite of
Aspen. Colorado. also. but without warranty. an easement as
described in Book 202 at Page 429. Pitkin County Clerk and
Recorder's Office for joint use for purposes of egress and
ingress only. to the. above 4escribed property. over and across
the northerly 15 feet of LO~$ K and L and the Westerly 10
feet of Lot M. and the Southerly 10 feet of the alley through
the block adjacent and contiguous to said lots.
[From Book 213. Page 477; Pitkin County Clerk and Recorder's Office)
OWNER
The Board of County Commissioners of Pitkin County. Colorado
Building with brick exterio~ built in 1966 by the Architectural
Firm of Frederic A. Benedict
APPROXIMATE GROSS SQUARE FOOTAGES
Basement 2760 (including 342 Sq. Ft. Furnace Ro~)
Garden Level 1385
Main Level 2542
Mezzanine 1401
Total 8088
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Commitment For Title Insurance
Commonwealth Land Tille Insurance Company, a Pennsylvania corporation, herein called the company, for a valuable con~
sideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed
Insured narned in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred
to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and
to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies
committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment
or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations
hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall
be issued, whichever first occurs, prOVided that the failure to issue such policy or policies is not the fault of the company.
IN WITNESS WHEREOF, the said Company has. caused its Corporate Name and Seal to be hereunto affixed; this instrument,
including Commitment, Conditions and Stipulations attached, to become valid when countersigned by an Authorized Officer or
Agent of the Company.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
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Conditions and Stipulations
I. The term mortgage, when used herein. shall include deed of I1'1lst, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter
affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B
hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for
any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose
such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise
acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option
may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included
under the defmition of Insured in the form of policy or policies committed for and only for actual 10.. incurred in reliance
hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in
Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event
shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is
subject to the insuring provisions. the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy
or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part
of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out
of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must
be based on and are subject to the provisions of this Commitment.
PA3
American land TIHe Association Commitment - 1966
Cove, Page
Form 1004-8
rrfit Commonwealth.. r-,
. "S Land Title Insurance Company
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COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective date: 06/05/91 @ 3:27 P.M.
Case No. PCT-3477 C3
2. Policy or policies to be issued:
(a)ALTA Owner's Policy-Form B-1970
(Rev. 10-17-70 & 10-17-84) or 10/21/87
PROPOSED INSURED: PROFORMA
Amount $ PROFORMA
Premium $
(b)ALTA Loan Policy,
(REV. 10-21-87)
PROPOSED INSURED:
Amount $
Premium $
(c)Alta Loan Construction Policy, 1975
(Rev. 10-17-84)
PROPOSED INSURED:
Amount $
Premium $
Tax Cert. $
3. Title to the FEE SIMPLE estate or interest in the land described or
referred to in this Commitment is at the effective date hereof vested
in:
THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO.
4. The land referred to in this Commitment is described as follows:
PLEASE REFER TO EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Countersigned at: PITKIN COUNTY TITLE, INC.
601 E. HOPKINS
ASPEN, CO. 81611
303-925-1766
Fax 303-925-6527
schedule A-PG.1
This Commitment is invalid
unless the Insuring
provisions and 5chedul.s
A and B are attached.
Authorized officer or agent
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:."L:;;3 Land Title Insurance Company
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EXHIBIT "A"
THE EASTERLY 20 FEET OF LOT M, ALL OF LOTS NAND 0, BLOCK 66, AND THE
SOUTHERLY 10 FEET OF THE VACATED ALLEY THROUGH THE BLOCK ADJACENT AND
CONTIGUOUS TO SAID LOTS NAND 0, AND THE EASTERLY 20 FEET OF LOT M,
BLOCK 66, CITY AND TOWNSITE OF ASPEN.
COUNTY OF PITKIN,
STATE OF COLORADO
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. mil" Gommonwealth..
: L.::;;I. Land Title Insurance Company
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SCHEDULE B-SECTION 1
REOUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors
of the full consideration for the estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be
insured must be executed and duly filed for record to-wit:
1. Resolution by the Board of County Commissioners of Pitkin County,
Colorado, and/or evidence satisfactory to Pitkin County Title,
Inc., and Commonwealth Land Title Insurance Company, that the
Electorate approves of the sale and subsequent conveyance.
2.
Deed, executed by the Chairman of the Board
Commissioners of Pitkin County, Colorado
To TBD
of County
3.
Certificate of assumed name of
with '73 CRS 7-71-101, indicating the use of
, as the assumed name under which
doing business.
, in accordance
the name of
, is
4. Pitkin County Title, Inc., and Commonwealth Land Title Insurance
Company, reserves the right to make additional requirements as
they deem necessary upon naming of proposed insureds.
5. Certificate of Nonforeign Status of Transferor signed by
Transferor.
6. Evidence satisfactory to the Company that the Real Estate Transfer
Tax as established by Ordinance No. 20 (Series of 1979) and
Ordinance No. 13 (Series of 1990) has been paid or exempted.
7. Evidence satisfactory to the Company that the Declaration of Sale,
Notice to County Assessor, as required by H.B. 1288, Notice to
County Assessor, has been complied with and that no fees or
penalties exist or are currently due.
This commitment is invalid unless
the Insuring provisions and Schedules
A and B are attached.
Schedule B-Section 1 PG.l
Commitment No. PCT-3477 C3
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: ,.~. Land Title Insurance Company
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SCHEDULE 8 SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of the,
Company:
1. Rights or claims of parties in possession not shown by the public
records..
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, and any facts which a correct survey and inspection
of the premises would disclose and which are not shown by the public
records.
4. Any lien, or right to a lien, for services, labor or material
heretofore or hereafter furnished, imposed by law and not shown by
the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if
any, created, first appearing in the public records or attaching
subsequent to the effective date hereof but prior to the date the
proposed insured acquires of record for value the estate or interest
or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or
lien imposed for water or sewer service or for any other special
taxing district.
7. Reservations as contained in Mayors Deed's recorded in Book 23 at
Page 20; Book 23 at Page 105 and in Book 59 at Page 14 as follows:
That no title shall be hereby acquired to any mine of gold,
silver, cinnabar or copper or to any valid mining claim or
possession held under existing laws.
8. Terms, conditions, restrictions and reservations as set forth in
Ordinance No.2 (Series of 1961) vacating, alley in Block 66,
recorded in Book 194 at Page 7.
9. Terms, conditions. restrictions and reservations of easements and
right of way as set forth in Deed recorded in Book 202 at Page
429.
10. Terms, conditions, restrictions, reservations, provisions and
obligations as set forth in Ordinance No. 88-6 approving an
easement upon County Land, recorded in Book 593 at Page 529.
11. Terms, conditions, restrictions, reservations, provisions and
obligations as set forth in Easement Agreement recorded June 5,
1991 in Book 647 at Page 767.
This commitment is invalid unless
the Insuring provisions and Schedules
A and B are attached.
schedule B-Section 2 PG.1
Commitment No. PCT-3477 C3
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SCHEDULE a-SECTION 2
CONTINUED
Exceptions numbered NONE are hereby omitted.
The Owner's Policy to be issued, if any, shall contain the following
items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule a-section 1.
(2) Unpatented mining claims; reservations or exceptions in patents
or in Acts authorizing issueance thereof; water rights, claims
or title to water.
Pursuant to Insurance Regulation 89-2;
NOTE: Each title entity shall notify in writing every prospective
insured in an owner's title insurance policy for a single family
residence (including a condominium or townhouse unit) (i) of
that title entity's general requirements for the deletion of an
exception or exclusion to coverage relating to unfiled mechanics
or materialmens liens, except when said coverage or insurance is
extended to the insured under the terms of the policy. A
satisfactory affidavit and agreement indemnifying the Company
against unfiled mechanics' and/or Materialmen's Liens executed
by the persons indicated in the attached copy of said affidavit
must be furnished to the Company. Upon receipt of these items
and any others requirements to be specified by the Company upon
request, Pre-printed Item Number 4 may be deleted from the
Owner's policy when issued. Please contact the Company for
further information.
Notwithstanding the foregoing, nothing contained in this
Paragraph shall be deemed to impose any requirement upon any
title insurer to provide mechanics or materialmens lien
coverage.
NOTE: If the Company conducts the owners' closing under
circumstances where it is responsible for the recording or
filing of legal documents from said transaction, the Company
will be deemed to have provided "Gap Coverage".
This commitment is invalid unless
the Insuring provisions and Schedules
A and a are attached.
Schedule a-Section 2
Commitment No. PCT-3477 C3
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MESSAGE DISPLAY
TO Leslie Lamont
From: Chuck Roth
Postmark: May 24,94
4:58 PM
Subject: Old Library - U.S. West/Design Workshop
Message:
I looked at Craig Hansen's plans - (I hope you had a great vacation)
- I could not find from the Ord. 82 (92) about parking approvals. He
labeled 13, but there is a 14th there. 3 or 4 are functionally
stacked - if that was approved, it's ok. Spaces 1-4 are 6" too
narrow and he will widen them out. May I leave the rest with you?
Thank you
-------========x========-------
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Leslie: I would like to amend the conditions of approval. I would
eliminate #1 and #7. And #2--Amend to say that prior to issuance
of a CO the applicant shall make a one-time pa ent for 1 parking
space that cannot be accommodated on site for a total of $15,000
paid to the Finance Dept. And then #4 "A sign sti 11 be posted at
the entrance of the driveway off of Garmisch st sting that this
is a private drive.
Roger: It should say "Driveway.
"Private Driveway.
Do not block"
Leslie: And I do need to add one more condition of approval.
Condition #7 to read "This Special Review is conditioned upon
Subdivision Approval between U.S. West and Design Workshop by the
city Council".
MOTION
Roger: I move to approve the amendment to the on-site parking plan
for 120 East Main and the payment-in-lieu for 1 parking space that
cannot be accommodated on site as required in the Office Zone
District of $15,000 with conditions #1 through #7 as amended.
Condition #1. Prior to issuance of a CO the applicant shall make
a one-time payment for one parking space that cannot be
accommodated on site.
Condition #2. Prior to issuance of a CO the applicant shall
implement the approved parking plan.
Condition #3. Is the second condition #3 as stated on Planning
Office memo dated October 20, 1992.
Condition #4. Is as stated on that same sited memo however a sign
should indicate as "Do not Block".
Condition #5. Is as stated on the sited memo.
Condition #6. Is as stated on the sited memo.
Condition #7. Special Review is subject to Subdivision approval
by the City Council.
RiChard seconded the motion with all in favor.
ZALUBA NON-COMPLIANCE
Leslie:
decided
1992.
Brought Commission up to date on this project. It was
a further review of this case will be held November 10,
The meeting was then adjourned. Time was 6:00 P.M.
commission then continued with a work session on the Rio Grande
Conditional SPA Masterplan
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