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Home My WebLink Aboutpitkin.planning.246513100015DOCUMENT LAYOUT THIS FILE MAY OR MAYNOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (11x17) rAea;ttto:~za65-131-00-015 OATERCVD: 3 - #COFiESt CASE NO ~C~~ CASE NAME• Thomas Subdivision Exemption 1 ~~,•~---- PROJADDR: OWNtAPP. Thomas, Estate of L ~"~'"`-"'-' ~~~ W-°-~ pH~~ REP: MD ~"•`. GSiZ:~~"...PHN~ FEES OL1E:~-` RCVD~- ALLOCATED I10UR3~ .....,.,..,,I REF- 9Y~~W DUE:~- R~ No ~"`_"_" DATE OF FtNALACTK)N: 6/6/1973 No ~" BpCCbM: ~"~` MARKS P~ ~._. 1 HRG OFF: CLOSED:- gy; ~" HO INDEX: rte" ADM1N: ~` PLAT RECORDED~r PLAT {8K,P0~:~~"- ADMIN MDEX: ~~"" VR APPROVAL DATE• VR EXPIRES:~~"' CASETYP: Subdivision Exemption CAgEiypSs CASE TYPE CASE TYPE: CASE TYP3: CASE TYP7: CASE TYPO: Date gcAtmetl: ~"' 7/31/07 Filelbcatfbn: FFBOx ~iti ~f ~. L G- ;: ~ f' LAND & HART O u L ATTORNEYS AT LAW 500 EQUITABLE BUILDIN G ARTHUR C OAILT STEVEN M. XANNON , JOS PXG OLLAND OON D ETTER )j0 SEVENTEENTH STREET JEFFPEY C. PON D. JOHN O COOMBE 1 $TEPXEN XPRT A Es T OR N JOMNUNOEM CARLSON EVGENE F McGV RE , ' JOX L.J T ET D Hue BARD DEN VER~COLORADO H0202 BRVCE W SATTLER LIN DELL L GUMPER WIlLIPM O BREE•JR. pGGFRTL ER $CHURE PANOY L PARCEL ~ SOLOMON N BARON JPM E$ L. W IT2 GOROON G GREI ER JOSEPX N OE RAI5ME5 RORERT J MOIR PPTRICN M ESTFELOT ROPER X OVRX M,JR TELEPHONE AREA CODE 303 292-9200 GRAXAM M. CLARN,J R. MARK R LEVY CLAVOE M MAE R, JR. WILL PM E.MUFANE OAV10 G. PALM ER I JEANNETTE P. METER ' POBERT P.OPVISON GREGORY DUSTIN JVDITX BONNIE M02LOFF R. BROONE.JPCNSON JOXN fLEMING KELLY L W LLIPM SCXMIDT,JP. CABLE ADDRESS HOLHART, DENVER M¢HAELD MARTIN BRrtTON WXIiEIJP. FPAnN H.MORt50rv JPMESP. CINOSnr JR EY WILLIAM C, MCCLEARN EDWIN S. NAXN , - WPLTER W. GARNS RODRIGVE2 RAV'L N JAV W.TRACEY,JR. SAMVEL0.GVYTON MOUNTAIN PLAZA BUILDING . JOXN PLLEN MOORE JOHN $. CPSTELLANO JACIf L. SMITH BEN E.CXIOLww OEnN 5 M JAGN30N p, O BOX 1128, AS PEN,CO LO RA DO 61611 JPH ES'E. HEGARiv ROBERT E. BEN SON FIELD C.BENTOn oOrvALO O. NINONEN TELEPHONE 925 3416 AREA CODE 303 DAV IO BUTLER RICXPRD M. BOON J. MICFAEL FAPLiY CXPPLE$ T. BRAN DT WARREN L.TOMLINSON ROBERT T.CONNERY BRVCE T. BVELL XARAOON OEAiTY IJ 1(]IJ V J May 1/, .MARRY L.XOBSON , .. ' Pitkin County Commissioners c/o Mr. Herb Bartel City/County Planner P.O. Box I Aspen, Colorado 81611 Re; Estate of Leonard M. Thomas - Sale of 3.61 acres out of 112.66 acre tract under Pitkin County Subdivision Regulations Gentlemen: On behalf of our client, the Estate of Leonard M. Thomas, we wish to request a Resolution exempting the transfer of land here- inafter,:described from the definition of "subdivision" contained in the Subdivision Regulatiohs of Pitkin County.. A`s you know; Section 1:4B of the Pitkin County Subdivision Regulations, in accordance with the Colorado Subdivision law; authorizes. the Board of County Commissioners to exempt from these Regulations any division of land not within the purposes of - Article I: - "The Board of County Commissioners may, pursuant to rules and regulations or resolution, exempt from this definition of fhe terms 'subdivision' and subdivided land, as defined in this Subsection A., any division of land ,if the. Board of County Commissioners determines that such division i"s not,. ~.,,.~ _....u .. ~_ ~: s. , within the purposes of this Article. T'he Board of~` Y he Colorado Count Commissioners shall submit to t Land tzse Commissionla monthl re ort of each`exemptoh granted pursuant to this Subsection B:" I - _,~.~..-.., -._ ..__,... _.,,n_ , I ,.. „, u .N. ._ ... L~ I,, Pw..~,~ . ~.;.~ ~.._ , , w. ~.w~ ~~ `' Pitkin County Commissi May 16,.1973,. Page 2 HoLLarn &IIait'r hr's The 3..61 acre tract, located southwest of and. across the Roaring Fork River from Basalt, is depicted on the Property Descrip- tion prepared by Survey Engin~erS, Inc., attached hereto as Exhibit A, and is part of a larger parcel of approximately 112.66 .acres owned by the Thomas Estate and depicted on,the Property Survey for the Thomas Estate .prepared by Gerard H. Pesmah of Grand Junction, the two constituent sheets of which are submitted herewith as Exhibit B. The tract which the Estate proposes to sell is logically marketable apart from the remainder of the property because it is in a corner of the property separated from the remainder_by a county road orr the south and the"Roaring Fork River on the north. Because of the existing availability of water and access and the presently developed state of the sale tract, the proposed sale does not fall within the purposes of the Subdivision Regulations. A proven well located on the sale tract supplies. abundant water for the tract. .The county road running the entire-length of the southern bo~dary of the tract provides adequate access. _.7% A restored Victorian house and the ^Emma Store"'(for which °°"'restoration is contemplated) are already located on the sale tract. ~~~ Accordingly, sale of the tract will not result in development of an otherwise undeveloped tract with the concomitant impact on the surrounding area. The Applicant is'willing to agree that neither the sale tract nor the remainder of the Thomas Estate property depicted on Exhibit B will be'further subdivided without compliance with the Subdivision Regulations. It is respectfully submitted that the proposed sale "is not within the purposes" of Article T of the Subdivision Regulations and that this Board should accordingly, pursuant to Section 1.4B thereof, adopt-a Resolution exempting the transaction from the; Regulations:.. If any additional information is needed concerning this request, please bontact Arthur C. Daily or the undersigned. Since the Estate is anxious to proceed with the above described sale, your early consideration of this request would be appreciated. Sincerely yours, Lindell L. (Lew) Gumper for HOLLAND & BART LLG:jk __ ~ ... ~ ~ ~. _ .~. R-.._. s~ ~ T". _a YIe1N:+Ii~'0 & '/.CNING C(;Yi^:ISSION REGULAR MEETING JUNE 6, 1973 PRESENT: Peter Guy Chairman. Charles Tho.nas Tom Turnbull Joan Lane Sally Reeds Henry Pedersen 7.. G ~,, 1tAYES EXEMPTION ON Mc7AUGALIN I120PERT't RT' ';17ST_ John Hayes together with his Attorney, James Moore. appeared`ue~ore the Commission to x~que`st"`~n eX"euipti.on foY fiis proliosed purchase of a t~ao acre parcel f-~-om the Stuart M4~augh7.xn tract located adjacent to the upper Homan gravel pit. The members of the Commission stated they would have to have a survey and plat showing acces's into the property, showing utx~ity iin~s are *_!~ere, huil.d~ing site l.ocati.on and indicatin;; typeof wake*_- aiid sewerfacil.tie~ Lobe provided. And that there caould bean impact with a single family dwelling going in there. ,~. F;enry Pedersen made a motion not to .grant the exemptio. but a determinat.i.pn be made of which parts of the. Subdivision Regulations have to be. satifi.ed in order to go ahead and subdivide this, property and which pa:rfs would he waived.. Joan Late second. A11 in favor. :lotion passed _REQUPST FOR EXEMPTION LEONARD T'tONiAS PROPERTY: Attorney Art Daly presented the request for exempt%on to the Commission. This is a 3:6 acres tract ,<hich includes the old Ermna store and a victbrian house. pir. Daly stated he felt this would 'nave ro imEiact since the property was already developed. He pointed out that at present the. old store is used as storage for farm machinery and it was the intention of the purchaser tc use it as a warehouse for drywal'1 materials. Donna Baer of the Planning Office stated that ti:e ineerim zoning in that area would not accommodate that use, and this would be ci ncn-conformi:; use. 1`trs. Eaer also stated they would need something of record as far as ownership is concerned " and a map ideutifying size of parcels, dimensions, right. 'of-o.ay and .uses. Charles Thomas made a motion to table acl-ion on the request for exemtpion until such time as Mr. Daley can meet with the. Planning Of [ice and get a list of addtioriai information required and then present thatinformati.on at another meeting. Henry. Pedersen socond. A11 in favor. Motion passed. P%• TOP OF ASPEYS REZONING DRAFT RESOLUTION: Herb L'artel presented a draft resolution as the Co,mnissiori had requested. He stated that if it was received favorably that he would like to present to the City Council with the recommednations from the Coranission for the Council's comments. , Charles Thomas made ambtion to accept the Resolution with two changes noted. (i) 195 acres to be dedicated to Pitkin Couiity Board of CounEy Conunissioners or the Forest Ser*~i,ce. for use as open space and parkland; (2) applicant be required to participate with other ~r land owners in providing contribution in a slwttle trans portation_li_nkin~7 points in tvwn. He-nty Pedersen second. Roll call vote was taken. Tom Turnbull aye, P ter Cuy aye, Henry Pedersen aye, Charles Thomas aye, Joan Lane nay. Motion passed ~: tv 1. J "OL?CTA.-84STEM REVIEW PROCPDURE DISCUSSION: Irv, Shcchter a member of the Commission caas unable to the attend this meeting buE had serit,in iiis conmients`• He-rb B.irtel read Izv's comments. It read, in lieu of thepofnt system that there be deternined rata of building which would be ideutified.by the Plaster Plan anal the project- then approved would be used on not which one got the highest sq~re but, some method of selection of any of the projects, but only at the determined rate as set_by the plan.' ~7~ _..A .~ ,.. .. U ,.;~. ev.,.~.,~~ ~ a..,,.,m:.s~m r„.„-n.4a,.~ s-,rhwd w.,.. x2.,,. :, .r-v.a~r .a,.,x ws~?