The URL can be used to link to this page

Home My WebLink AboutLand Use Case.1449 Crystal Lake Dr.0026.2017.ASLU~ 0026.2017.ASLU 1449-CRYSTAL LAKE DRIVE ~ PD AMENDMENT / SUBDIVISION 2737 181 32 012 FED-, 3 I '1 â€¢4Â· 1 # il -f , -A 4 ,, -' 1 . THE CITY oF ASPEN Land Use Application Determination of Completeness RECEIVED Date: March 24,2017 MAR 2 7 2017 CITY Of- ASPEN Dear City of Aspen Land Use Review Applicant. CO-MTY DEVELOMENT We have received your land use application for 1449/1452 Crystal Lake Road, PD Amendment and have reviewed it for completeness. ~]2Â£ Your Land Use Application is complete: Please submit the following to begin the land use review process. 1) Digital pdf of the entire application. 4 2) Review deposit of$4.550.00 ~ 3) One additional hard copy ofthe application. ~ Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thgk.Â») u. hiedifer Phel|6 Deputy Planning Director City of Aspen. Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes- No_~4.- Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No ~<3 Commercial E.P.F. Lodging PATH: G/DRIVE /ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0026.2017.ASLU PROJECT ADDRESS 1449 CRYSTAL LAKE DR PARCEL ID 2737 181 32 012 PLANNER BEN ANDERSON CASE DESCRIPTION PD AMENDMENT/SUBDIVISON REPRESENTATIVE MITCH HAAS DATE OF FINAL ACTION 09/14/2017 CLOSED BY ANGIE SCOREY 7.09.18 L 9 perm,t. A-7 37-/Sj - 32(1~ 00t' 10 9.61 0/( o X <31'. â‚¬"-I'll-i...~,1 Elle Edit Record Navigate Fgrrn ~!~o~s Format Iab Help i@ @IX Â»- e ~ FB 1 .a.Im.../..ill.-4 'i.26#a j, 4'.1 _~Main~ Custom Fields | Routing Status 1 Fee Summarl ~ Actions 1 Routing History I &*ml~W. 4 "MV~U 'Â°:2':â‚¬2~7Â»<36~~1&*p ~ Â»slu |, Aspen Land Use Permit # 0028.2017.ASLU ~ Address 1449 CRYSTAL LAKE RD A Apt,:Suite City ASPEN Stabe CO ~ => Zip 81â‚¬,11 ~ Master permit p - Routing queue aslul 5 Applied C 30'27,2017 i -â€¢ '~~~ Project p Status pending Approved - ~ Descripbon APPLICATION FOR PDAMENCMENT/SUBDMISION // LOT SPLIT Issued v Closed/Final ~ Submitted MITCH HAAS LAND PLANNING dock 'Running Days |--~6| Expires 03/22/2018 ~ p Submitted via ftp .1~ti- 92.14 - 044~mmaa@&~Z~*4,6.. Owner =99//-./.194?9* , 0 7Â«mt~â‚¬~ â„¢"~'.V. r . 'le,134=,-" a - *iT,97 Last name FLECK BARBARA i * First name Phone ()- Address AppliGant 9 Owner is applicant? m Contractor is applicant? Last name FLECK BARBARA i Â· Â· First name Phone (3 - Cust # 3Câ‚¬CE 1Â·Â·' Address Email Lender Last name Â· Â· ~ First name Phone (> - Address "AspenGold5 {served Jiangelas 1~11 of 1 :-- ..i 02 -* 629 345-5-6 -00 No fq-~grraj f 3Â«00Â£-4 k -* 4 2- 7 1 5/ r f 14 A mn/) F.-123 - 9â‚¬,1 _YUAgil 1 SWON '10!nol ~ xoqool| | sanoig qell 'j ORDINANCE NO. 18 (SERIES OF 2017) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING REVIEWS FOIt A MINOR SUBDIVISION - LOT SPLIT, A MINOR AMENDMENT TO A PLANNED DEVELOPMENT-PROJECT REVIEW AND THE REMOVAL OF AN ACCESSORY DWELLING UNIT FOR 1449 AND 1452 CRYSTAL LAKE ROAD,LEGALLY DESCRIBED LOT 12 AND LOT 12A, CALLAHAN SUBDIVISION, ACCORDING TO THE PLAT RECORDED MAY 19, 1976 IN PLAT BOOK 5 AT PAGE 7, AND AMENDED FINAL PLAT AND DEVELOPMENT PLAN RECORDED AUGUST 17, 1977 IN PLAT BOOK 6 AT PAGE 16, AND PARCEL B, THAT CERTAIN PARCEL PLATTEI) AND DESCRIBED AS "OPEN SPACE FOR LOT 12A" ON THE FINAL PLAT OF CALLAHAN SUBDIVISION, RECORDED MAY 19, 1976 IN PLAT BOOK 5 AT PAGE 7, COUNTY OF PITKIN, STATE OF COLORADO. Parcel ID: 2737-181-32-012 WHEREAS, the Community Development Department received an application from Barbara and Aaron Flei 1449 Crystal Lake Rd.. Aspen, CO 81611, represented by Mitch }laas of Haas I.and Planning. LLC, for the following land use review approvals: â€¢ Minor Subdivision - Lot Split (26.480.060) â€¢ Minor Amendment to a Planned Development - Project Review (26.445) â€¢ Removal of an Accessory Dwelling Unit (26.520.090.C): and, WHEREAS, the application proposes: â€¢ A subdivision/lot split of Lot 12 and 12A of the Callahan Subdivision â€¢ A Planned Development Amendment to allow a change to language in both the Callahan Subdivision/Planned Development Agreement and a subsequent Insubstantial Amendment to a Planned Development â€¢ The removal o f a voluntary Accessory Dwelling Unit on Lot 12A: and. WHEREAS, the Applicant proposes that the subdivided lots. if approved, become subject to the dimensional requirements of the underlying R-15 Zone District, including allowable floor area: and. WHEREAS, the Community Development Director has reviewed the land use application and has provided recommendation to City Council to approve 1) the proposed Lot Split, 2) the removal of an Accessory I)welling lJnit, and 3) an Amendment to a Planned Development. but that the allowable Floor Area for the proposed lots be limited to that already proscribed by an Insubstantial Amendment to a Planned Development approved in 2000; and. WHEREAS, pursuant to Section 26.480. the City Council may approve a Minor Subdivision - Lot Split during a duly noticed public hearing after considering comments from the general public, a recommendation from the Community' Development Director, and recommendations from relevant referral agencies: and. City Council RECEPTION#: 641444, R: $38.00, D: $0.00 Ordinance No. 18, Series 2017 DOC CODE: ORDINANCE Page I of 6 Pg 1 of 6,09/14/2017 at 03:41:22 PM Janice K. Vos Caudill, Pitkin County, CO WHEREAS, pursuant to Section 26.445, the City Council may approve a Minor Amendment to a Planned Development - Project Review, during a duly noticed public hearing after considering, comments from the general public: a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, pursuant to Section 26.520, the City Council may approve Removal of an Accessory Dwelling Unit as part of a combined review, during a duly noticed public hearing after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on August 14: 2017, the City Council approved Ordinance No. 18, Series of 2017, by a five to zero (5 - 0) vote, approving Minor Subdivision, A Minor Amendment to a Planned Development, and the Removal of an Accessory Dwelling Unit; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion ofpublic health, safety, and welfare. NOW, THEREFORE, BE lT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Minor Subdivision Lot Split This Ordinance approves the Minor Subdivision - Lot Split for Lots 12 and 12A of the Callahan Subdivision. The boundaries of the separate lots are depicted in the Monumented Land Improvement Survey included as Exhibit A. An Amended Plat that depicts the new lot boundaries and identifies Lots 12 and 12A as distinct lots shall be submitted for review by The City of Aspen's Community Development and Engineering Departments within 180 days of the approval of this Ordinance and shall be recorded with the Pitkin County Recorder. The Amended Plat shall conform to the criteria established by the Engineering Design Standards. Section 2: Minor Amendment to a Planned Development - Proiect Review The Callahan Subdivision Agreement Section 1, Paragraph G and the conditions found in a subsequent Insubstantial Amendment to a Planned Development, approved September 1, 2000 (Reception #447163); is hereby amended as follows: 1. As a result of the Lot Split approved.in Section 1 of Ordinance No. 18, Series of 2017, Lots 12 and 12A of the Callahan Subdivision are considered as two separate lots, and may be redeveloped, and/or conveyed as separate lots. City Council Ordinance No. 18, Series 2017 Page 2 0 f 6 2. Development on Lot 12 shall contain no more than 6,731 square feet of Floor Area and development on lot 12A shall contain no more than 2,550 square feet of Floor Area. 3. Future redevelopment of Lot 12 shall be confined to the building envelope identified in an Amendment to Stream Margin Review approved May 26,1999 (Reception # 441526). Future redevelopment of Lot 12A shall be confined to a building site that reflects.current R-15 setbacks and honors the existing easements for the Salvation Ditch and a Bike/Pedestrian path. Specifically, this area will include a 25 feet front yard setback and will have the side and rear yards defined by existing easements. This area shall be identified on the recorded, Amended Subdivision Plat. Other dimensions of the R-15 Zone District, excluding Floor Area, shall apply. 4) The portion of Lot 12A that is labeled on the Plat as "Open Space for Lot 12A" shall remain as open space and no new structures or site coverage shall be allowed in this area. Section 3: Removal of an Accessory Dwelling Unit The approval of the Removal of the Accessory Dwelling Unit requires both the extinguishment of a .38 FTE, Category 2, Affordable Housing Credit or equivalent fee-in-lieu, and physical changes to remove the ADU. Submittal of a building permit for the removal of ADU features or a demolition permit for the removal of the guesthouse containing the ADU shall occur prior to the recordation of an Amended Subdivision Plat. At the time of building or demolition permit submittal, extinguishment of a .38 FTE, Category 2, Affordable Housing Credit or equivalent fee- in-lieu is required. Either type of permit shall be issued within 180 days of submittal. Section 4: Severabilitv If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity ofthe remaining portions thereof. Section 5: Existing Litigation This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: Representations Preserved 'All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 7: Public Hearing A public hearing on this ordinance shall be held on the 14lh day of August, 2017, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen. City Council Ordinance No. 18, Series 2017 Page 3 of 6 Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law. by the City Council of the City ofAspen on the 26th day of June, 2017. Attest 9/6424, 044 4Â»* Linda Manning, City Clerl~ SteQn Sk~IrojOMayor FINALLY, adopted, passed and approved this 14th day of August 2017. Attesti 0614- <4Rut Linda Manning, City CleT SteU/Skad~on, Mayor Approved as to form: ,/-- RX--4 Ja,Nes R True, City Attorney Attachments: Exhibit A - Monumented Land Improvement Survey City Council Ordinance No. 18, Series 2017 Page 4 of 6 Exhibit A - Page 1 (Lot 12A) Morwmented.Laad_aodirnprovernent Survey lon 12 ard 12* CAnahan St/j,Buon Stateb .i !,4 El,2 0, 5//,~ 4 17-Gu, lo Sani k.// h */2 1 De onâ€¢ f.M C.I. A. CARY / Plirl. 31â€¢10 Câ€¢ C=*0~li, E- -- 2-22< 9 4- 5 24%43 f - 1 2-'~ s ira , 2 -- ~Â·ffit>Â¢, - 4%.11&47- -u-4~1 F\ jrÂ·Â·Â· p/f*+ 4 =- A PÂ»er,*1& 5 2.1 92,9 V . A u ' 7.--i\\ \ IL : ~Â« 47 23.--- PROICT STE / VICINITY MAP . Nerjo.SCÂ¥.E . 4 6.1 - i .11 6,$-A L.= 3 -===51-z.Â·.Â·=~~.. imi,M- l JL=,14*i 2.37 151- 463\ agemi â€¢ 9.NA .1--1-111 524=*1 Lfm ,%\ , ,/ rg>th -J....i~. 1 1: U ./ , :i:*. \ 1 1, \ lAbook Â»... 13%72=1 T.7 1Â»Â·15 4*k#- .-~ â€ž ..,1 2,1= , , \, \.Jt,#t \ -,-,-j, 4/*A.kt~â€ž>' 6 rj- â€ž- -Mee 1 2/--iff=/.-9-I:*.:*-==u '1.47.-2 30Â»04# . 4 , 1 '~9~ SL-*~3.-- N~\4\ 4--*-- - \\ mm.r- V- ~ -- , 2_-M37Â£Ly:rry-- \ ;r :.i--1 ~ Â«22.- 75-91 .1,0 4 -r-7 / 74 1 4 '.Â·ine.. LE-,;= , . 1 / I-'ll-I .. Tt l: -bU'-Â·..P J 1 3 e ----- 9 --- ML--03/7---26(~-Q~/-~377 . e ----I< --- ki-543=---<2~&#~VMES9.r-- .- GUPM]/ SCALE 7= EME|EMENEE!393231=02-.d,= SurvCo, Inc. u=F.==S U='.: WÂ·u=.mn:!r.=:um ri Fln op.-1,1! 0Â»9â€¢-t-- una ~,1-,9~ Mer'*O- 45,/Al=:.~I=~f---2-.1-/lil- 0--7- .... I. 5 9./-2717 She<r ,-( Â·.-, - ,â€¢.. UC 1 Of 3 ....1,Â¤1'eâ€ž 1 + +p.A 1 .â€¢/4 .. ... ..41.1 1Â·Â· W , â€¢â€¢ IÂ·----Â·- City Council Ordinance No. 18, Series 2017 Page 5 of 6 Exhibit A - Page 2 (Lot 12) Mgnume-Ated.Land.an-~JmP[ove-ment_quiÂ·voy Lots 12 and 12% COUhan Sub(hea, SITUâ€¢rED I ti Etticâ€¢ SCI M Id. TO.,00Â· to Scute. 9,Ii BL WER! cy n. inâ€¢ P.M. r /1 c* All' Cal':, 9 Pirrlâ€¢. 5, â€¢TE C' C/c*,= 11; -- .1 -il: Il ... M. -ir i i t\\ ..1 j \1% + 32 1 ; 1.x -- 1,!c res ,-I-- , 1 Ilt 9 = 1 .. 1- , ==7 N. .- - L ~ ~~ ~ ~~~~'~:~DEÂ·ittÂ·.~_~~_ ~~ ~: -.- g = 72Â£,L. 2Â· 6 . 4.1 2 1 1 i.f#23 1 .3 j \11 \ 41 f '.,4-- @2:.9 7#6,-1; 4 =41,Fignija-V , 1 319 91- / i 1 ---11 - 1 -il - 1 '.il. 1 l, f i , .4 --- I )'I-.. i 1 I.\ l== . . :2= L- ... 1 1 . ....igia --- G -- 1 27 2 7 A #SPDA . SurvCo, inc. r-- rif5..~ 0...- s:-Am .Â·e=-27. -Â·, {1'01 9â€¢:-2~â€¢i 791--1-*.16. Jâ€¢-â€¢ -â€¢ P ..i Sh,tet câ€ž. ,.. 2 -â€ž --BEL.!SZZIZE11-L_i Pe,Â£26.85:EE,EZE ERE<E~ 2 ryf 2 .1. Â·- 15Â¢.1Â£ Ccj , 1 1-4--.-- I 'll r.â€¢ t./1/ bl.. 1 Â·.0 1.-_ - City Council Ordinance No. 18, Series 20]7 Page 6 of 6 ;,4. ...'.9..00. 8120 066 Fleck Minor Subdivision - Lot Split CITY COUNCIL CERTIFICATE: i THIS FLICK MINOR SUBDIVISION - LOT SPLIT PLAT WAS APPROVED BY THE CITY OF ASPEN STARWOOD CITY COUNCIL ON THE 14th DAY OF AUGUST, 2017 BY ORDINANCE NO. 18, SERIES 2017 Lots 12 and 12A Callahan Subdivision AND IS DULY RECORDED AS RECEPTION NO. 641444 OF THE RECORDS OF THE PITKIN COUNTY, SITUATED IN THE El/2 OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6 TH P.M. COLORADO C RK AND RECORDER. TO 4 Â»91 â€žD)~ CREE' CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO Purpose Statement This plat ablishes Lot 12 and 1 ZA into two sepe{* fee simple estates pursuant to Aspen Ch Offul~t~~ng zs 000.0 g Council Odinke No. 18, SeMes of 2017, recided as Reception No. 641444 V. -/ - STEP SKADil, CR Parcel ID: 273718132012 Sheet 1 of 3 -1 AJ/1 ' h SNOW~ASS VIL_AGE . BASALT ~ ft ASPEN AIRPORT RED UalNTAIN BLS114ESS CENTER Z PITKIN \ i. LRICCE . RED Â¥MT,N ENGINEERING DEPARTMENT REVIEW: RAN.04 UES, ./ : Â«i TH ~ s PLAT WAS REVIEWED FOR THE DEP ICTION 0 2 ENGINEERING DEPARTMENT SURVEY REQUIREMENTS 10 - 2 THIS 149 DAY oF .Al , zor:k 0 & SARDY FIEL) M.* 9 ... 0. \ A ./IN ./ tb5--JI 414 0-~ 2 Â» 0 %- 0 001 CIT* OF ASPEN EN@NkkR a \ e. mr f Â»=AL -8.r- nÂ« C CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR' S APPROVAL: e #<6 x 1 --'.71~1 W BUTTER~ILK )-~43â€¢ K 53 ~0*~ 12 1 ''e4 9 hoj /459 THIS PLAT HAS BEEN REVIEWED AND APPROVED FOR COMPLIANCE WITH APPLICABLE SECTIONS oF C0UR55 54 1 3 - w~ ST THE CITY OF ASPEN LAND USE CODE BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR \,1 / EL-h abl THIS z, DAY OF r.lanuam , 20.172.TITlE EXTENT T HAT ANYTH INC IN ~ Â£ ASPEN il - IN Z REE' ( 3 I.- L 01 .frÂ«-32 TIEHACK Â¢1141 SK THIS PLAT IS INCONSISTENT OR IN JONFLICT WITH ANY CITY OF ASPEN DEVELOPMENT ORDERS OR e ms'. .| AREA \ 9 C j ElÂ»Â» :29 ** '* . ANY OTHER PROVISIONS OF APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO OTHER APPLICABLE LAND USE REGULATIONS AND BUILDING CODES, SUCH OTHER DEVELOPMENT ORDER OR APPLICABLE 0 1 / 3/ 2 /1 11&9 1 g -IL A, ' V / LAWS SHALL CONTROL. 11 ial- 1 6- Â¢74 996 7 ' 1 Ir /---St Aka--ANT DIRECTOR ~ 79 05= A MI / SKI AREA r / .*- 8 7, ASPEN ## m. m 'OUNTAIN 1 ... ~RI~~ ~9 TITLE CERTIFICATE 4 SUREA 0- I, GarY A. Wr.9.t , AN AGENT AUTHCRIZED BY A TITLE INSURANCE CA5~I CREEK VALIE,Â· RANC- . A....7 f Â» - INDEFENJENCE ./6 COMPANY, DO HEREBY C i IFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS SHOWN UPON PROJECT SITE THIS PLAT AND THAT TITLE To SUCH LANDS IS VESTED IN BARBARA FLICK AND AARON FLICK, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES (INCLUDING MORTGAGES, DEEDS OF TRUST, JUDGMENTS, EASEMENTS, CONTRACTS AND AGREEMENTS OF RECORD AFFECTING IHE REAL PROPERTY VICINITY MAP - NOT TO SCALE ON THIS PLAT, EXCEPT AS SHOWN OR DESCRIBED HEREIN: Morney,11+12 CÂ©wyrdtrrprit' )9>Oc><4c>C, ard P,reption,# 64/444, Rpcor*Ac~r~â€¢14,~424â‚¬4 SURVEYOR'S NOTES: 1) THIS SURVEY DOES NOT REPRESENT A TITLE SEARCH BY THIS SURVEYOR TO DISCOVER EASEMENTS CR OTHER ENCUMBRANCES OF RECORD THAT MAY AFFECT THE SUBJECT PROPERTY. ALL INFORMATION PERTAINING TO OWNERSHIP AND EASEMENIS OF RECORD IS TAKEN FROM A TITLE INSURANCE COMMITMENT ISS/ED BY LAND TITLE GUARANTEE COMPANY, TITLE INSURANCE COMMITMENT NO. Q62008768-3, EFFECTIVE DATE SEPTEMBER 11. 2017 AT 5:OOP.M. THIS PROPERTY IS SUBJEC To US PATENT RESERVATIONS, MINERAL, RIGHTS AND PROTECTIVE COVENANTS AS NOTED THEREIN. 2) BEARINGS AS SHOWN HEREIN ARE BASED UPON A RECORD BEARING oF N.89'08'24~W. BY: XLW (1010<40 LicenspA-MAte Aqer-t CERTIFICATE OF DEDICATION AND OWNERSHIP: FOR LINE 1-9 OF THE RIVERSIDE PLACER (MS 3905AM). TITLE J MONUMENTATION BEING FOUND IN THE FIELD AS INDICATED HEREIN. KNOW ALL MEN BY THESE PRESENTS THAT THE UNDERSIGNED BEING SOLE OWNER IN FEE SIMPLE OF ALL 3) DATE OF FIELD SURVEY: SEPTEMBER, 2015, UPDATED OCTOBER 12, 2017. TITLE COMPANY :A fbrY\â‚¬441,/re 1~urnece Acyâ€¢Irg of'k,perâ€ž LUL THAT PROPER.Y DESCRIBED AS FOLLOWS: 4) THIS SURVEY IS BASED UPON THE RECORDED PLAT OF THE CALLAHAN SUBDIVISION AS RECORDED UNDER RECEPTION NO. 183889 AND THE MONUMENTATION BEING FOUND IN LOT 12 AND LOT 12 A, CALLAHAN SUBDIVISION ACCORDING TO THE SUBDIV-SION PLAT THEREOF AS FILED PLACE AS NOTED HEREIN. DATED THIS =1'.7 DAY CF Uovern\Der , A.D. 0 23 V~* FOR RECORD MAY IS, 1976 IN PLAT BOOK 5 AT PAGE 7 AND THE AMENDED FINAL PLAT AND DEVELOPMENT 5) ADJOINING OWNER INFORMATION AS SHOWN HEREIN IS AS PUBLISHED BY THE PITKIN - - PLAN RECORDED AUGUST 17, 1977 IN PLAT BCOK 6 AT PAGE 16 OF THE RECORDS oF THE CLERK AND COUNTY ASSESSOR WEBSITE AS oF OCrOBER 16, 2017. RECORDER OF PITKIN COUNTY, COLORADO. 6) THIS PROPERTY IS ZONED R-15 MODERATE DENSITY RESIDENTIAL AND ACCORDING i TO THE LAND USE CODE OF THE CITY OF ASPEN THE BUILDING SETBACK REQUIREMENTS MORTGAGEE'S CONSENT AND SUBORDINATION: SAID TRACT OF LAND CONTAINING 2.119 ACRES, MORE OR LESS. ARE AS FOLLOWS: FRONT YARD: 25 FEET RESIDENTIAL DWELLINGS, 30 FEET FOR ACCESSORY AND ALL BNY MELLON, N.A., AS BENEFICIARY PURSUANT TO DEED OF TRUST AS RECORDED FEB. 9, 2017 HAVE BY THESE PRESENTS LAID OUT THIS PLAT AND DESIGNATE THE SAME AS THE "FLICK MINOR SUBDIVISION OTHER BUILDINGS. UNDER BECEPTION NO. 636030 OF THE RECORDS OF THE CLERK AND RECORDER OF PITKIN COUNTY, - LOT SPLIT" OF LOT 12 AND 12A, CALLAHAN SUBDIVISION. A SUBDIVISION OF A PART OF PITKIN COUNTY, SIDE YARD: 10 FEET COLCRA40, HEREBY CONSENT TO THE SUBIVISION OF THE PROPERTY AS SET PORTION THIS PLAT, STATE OF COLORADO, AND HAVE BY THE PRESENTS LAID OUT, PLATTED AND SUBDIVIDED THE SAME INTO LOTS REAR YARD: 10 FEET PRINCIPAL BUILDINGS. 5 FEET ACCESSORY BUILDINGS. INCLU/*il Ty DEDIiATIO~S, EASEMENTS AND PROPERTY LINE ADJUS~MENT NOTWITHSTANDING SUCH AS SHOWN HEREIN AND DO HEREBY ACCEPT THE RESPONSIBILITY FOR THE COMPLETION OF ANY REQUIRED IMPROVEMENTS AND DO HEREBY DEDICATE TO THE CITY OF ASPEN, APPROPRIATE UTILITY oR SERVICE PROVIDERS 7) ALL LINEAR DIMENSIONS SHOWN HEREIN ARE IN US SURVEY FEET. CONSENAA~I ~U~RD*YATION, THE PROPERTY SHALL CONTINUE TO BE ENCUMBERED BY SAID DEED 8) THIS PROPERTY IS SUBJECT TO A RECIPROCAL EASEMENT GRANT AS RECORDED UNDER OF TR~ykniS~ RE]E~E]~ IN ACCORDANCE WITH APPLICABLE LAW. i AND EMERGENCY ASSISTANCE ENTITIES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE SHOWN AS UTILITY OR ACCESS EASEMENTS ON THE ACCOMPANYING PLAT FOREVER AS EASEMENTS FOR THE PURPOSES AS INDICAT'ED RECEPTION NO. 1839.9 IN WHICH THE SPECIFIC LOCATION OF THE UTILITY EXTENSIONS HEREIN UNLESS CHERWISE EXPRESSLY PROVIDED HEREIN. AND DO HEREBY GRANT THE RIGHT To INSTALL AND ARE NOT SPECIFICALLY DEFINED BUT ARE NOTED AS BEING PER THE CALLAHAN SUBDIVISION MAINTAIN NECCESARY STRUCTURES TO THE ENTITY RESPONSIBLE FOR PROVIDING THE SERVICES FOR WHICH THE PLAT. (PLAT BOOK 5, PAGES 7-10> EASEMENTS ARE ESTABLISHED. 9) THIS PROPERTY IS SUBJECT TO THE "NOTICE OF APPROVAL" AS RECITED IN THAT 1 DOCUMENT RECORDED UNDER RECEPTZON NO. 447163, AS AMENDED BY ORDINANCE NO. 18 --rb[TI:-M9790~6,--ZE ENTAT IVE OF BNY MELLON,N.A. (SERIES 2017), RECORDED UNDER RECEPTION NO. 641444. 1- 1.#14. 10) THIS PROPERTY IS SUBJECT TO THE CONDITIONS OF APPROVAL OF THAT MEMORANDUM DATE: bl//b AS RECITED IN THAT DOCUMENT RECORDED LINDER RECEPTION NO. 441526, AS AMENDED BY EXECUTE D THIS 20 ' DAY OP ~|'~.25.**91< , A.D. 20_Â£1-Â· ORDINANCE NO. 18 (SERIES 2017), RECORDED UNDER RECEPTION NO. 641444. 11) THIS PROPERTY IS SUBJECT TO AN EASEMENT BEING 10 (TEN) FEET IN WIDTH FOR AN UNDERGROUND POWERLINE AS RES ERVED IN DOCUMENT RECORDED UNDER RECE/ION NO. SURVEYOR'S CERTIFICATION: BY:~00<~4-hA~gt~C BY: 0*34 8% CONDUIT AND VAULT AGREEMENE FOR rHE PURPOSE OF ELECTRICAL SERVICE AS RESERVED THE LAWS OF THE STATE OF COLORADO, THAT THIS FLECK MINOR SUBDIVISION - LOT SPLIT HAS BEEN 461691 IN WHICH THE SPECIFIC LOCATION IS NOT DEFINED. 12) THIS PROPERTY IS SUBJECT TO A HOLY CROSS ELECTRIC ASSOCIATION TRENCH, I, SAMUEL D. PHELPS, DO HEREBY CERTIFY THAT I AM A LICENSED LAND SURVEYOR LICENSED UNDER IN DOCUMENT RECORDED UNDER RECEPTION NO. 462288 IN WHICH THE SPECIFIC LOCATION PREPARED FOR THE BENEFIT OF BARBARA AND AARON FLICK, THEIR SUCCESSORS AND ASSIGNS AND THAT BARBARA ELECK AARON FLICK IS NOT DEFINED. IT ACCURATELY DEPICTS THE BOUNDARY AND THE IMPROVEMENTS AS SHOWN HEREIN. AND THAT SUCH MAP 13) THIS PROPERTY IS SUBJECT TO THE CONDITIONS AS RECITED IN THAT DOCUMENT COMPLIES WITH THE REQUIREMENTS OF C.R.S. 38-51-106 AND THAT SUCH MAP WAS PREPARED FROM AN STATE OF CoteÂ»po j 14) THE AMENDED PLAT OF CALLAHAN SUBDIVISION DEPICTS A MELTI-USE TRA.L CROSSING SUPERVISION, RESPONSIBILITY AND CHECKING, AND THAT IT IS TRUE AND CORRECT TO THE BEST OF RECORDED UNDER RECEPTION NO. 641444. ACTUAL SURVEY OF THE SUBJECT PROPERTY AND THAT IT WAS PERFORMED BY ME OR UNDER MY DIRECT COUNTY OF ~.r,<,A 5 ss LOT 12.A BUT DOES Â£7 SHOW AN EASEMENT OR DIMENSIONS FOR THE TRAIL. THERE EXISTS MY KNOWLEDGE AND BELIEF. ON SAID AMENDED PLAT A NOTE REFERING TO THE ORIGINAL PLAT FOR ALL INFORMATION I FORTHER CERTIFY THAT SAID SURVEY CLOSES WITHIN A MINIMUM TOLERANCE OF 1 M. 3 15,000 Fr. NOT SHOWN ON SAID AMENDED PLAT. THEREFORE THE EASEMENT DEPICTED HEREIN FOR THE THE FOREGOING CERTIFICATE OF OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS 20( DAY ORIGINAL CALLAHAN PLAT BEING '7 FEET ON EACH SIDE OF THE CENTERLINE OF THE TRAIL TRAIL IS IN ACCORDANCE TO THE /NGUAGE FOR THE TRAIL EASEMENT AS SHOWN ON THE 0/M~Â»1*8, A.D. 2011_ BY BARBARA FLECK AND AARON FLECK AS INDIVIDUALS. AS CONSTRUCTED. BY: SAMUEL D. PHELPS 0 Â»044 WZTNESS MY HAND AND SEAL: Notice: (In accordance with C.R.S. 13-80-105 et. seq. According to Colorado law you mull con.ence any legal action based 'pon any COLORADO LICENSED PROFESSIONAL jfÂ£ .., WITEUREE more than ten years hom the date of certification shown hereon. A.*%.Wh~@U, defect in thi. survey within three years after you first d=scover such defect. DAmlCRAMER In no event may any action based upon any defect in this survey be cornenced LAND SURVEYOR NO. 27613 A. STAJEOFCOLORâ€¢00 A COLORADO CORPORATION 01 2709 18 CITY REQUIRED PLAT NOTES: FOR AND ON BEHALF OF SURVCO, INC. INARY. 2~840Â¢0644 NOTARY PUBLIC MY COMMJSgoN EXPIRES DECEMIBER 8.2020 1) THE MINOR SUBDIVISION LOT SPLIT MEMORIALIZED ON THIS PLAT WAS GRANTED BY THE MY COMMISSION EXPIRES 11Â·111.- ASPEN CITY COUNCIL APPROVAL OF ORDINANCE NO. 18 (SERIES OF 2017 3 AS RECORDED DATE OF CERTIFICATION: NIVEMBER 16, 2017 SEPT. 14, 2017 UNDER RECEPTION NO. 641444. 2) THE CAL LAHAN SUBIVISION AGREEMENT,SECTION 1, PARAGRAPH G AND THE CONDITIONS FOUND IN SUBSEQUENT INSUBSTANTIAL AMENDMENT TO A PLANNED DEVELOPMENT, APPROVED 111?:10 1 Ic SEPT. 1, 2000 (RECEPTION NO. 447163) ARE HEREBY AMENDED AS FOLLOWS: 4.Â· 3 A) LOTS 12 AND .ZA OF THE CALLAHAN SUBDIVISION ARE /WO (2) SEPERATE LOTS, AND CLERK AND RECORDER' S CERTIFICATE SurvCo, Inc. B) DEVELOPMENT ON LOT 12 SHALL CONTAIN NO MORE THAN 6,91 SQUARE FEET OF FLOOR ~ THIS FLICK MINOR SUBDIVISION - LOT SPLIT PLAT WAS FILED FOR RECORD IN THE OFFICE 'B' 6/ Di SEAL .6 MAY BE REDEVELOPED AND/OR CONVEYED AS SEPERATE LOTS. AREA, AND DEVELOPMENT OF. LOT 12A SHALL CONTAIN NO MORE THAN 2,550 SQUARE , 5. , , Professional Land Surveying Services FEET OF FLOOR AREA. OF THE CLERK AND RECORDER OF PITKIN COUNTY AT !1 :R o'CLOCK_AL.M. C) FUTURE DEVELOPMENT OF LOT 12 SHALL BE CONFINED TO THE BUILDING ENVELOPE "Serving Western Colorado since 1991" IDENTIFIED IN THE ADMENDMENT TO STREAM MARGIN REVIEW APPROVED MAY 26, 1991 ON THE DAY OF J>.nIArir~~ i A.D. 20|~ AND IS DULY RECORDED 826-1/2 Grand Avenue (RECEPTION NO. 441526), AS MAY BE AMENDED. D) FUTURE REDEVELOPMENT oF LOT 12A SHALL BE CONFINED TO A BUILDING SITE (WHICH IN PLAT BOOK 120 , PAGE 7 6 , RECEPTION NO . 4 442(00 DOSt Office Box 2782 IS NOT A "BUILDING ENVELOFE" AS SUCH IS DEFINED OR REGULATED UNDER THE CITY Gienwooc SpÂ· ngs. CO 81602-2782 CF ASPEN LAND USE CODE) THAT REFLECTS THEN CURRENT R-15 SETBACKS AND HONORS ATTEST: EXISTING EASEMENTS FOR THE SALVATION DITCH AND THE BIKE/PEDESTRIAN PATHWAY, PhoneÂ·(970) 945-5945 EmoilÂ·survco@grroil com SPECIFICALLY, THE BUILDING SITE IS AS IDENTIFIED ON THIS PLAT, AS MAY BE RECEPTION#: 644260, R: $33 00, D $0 00 AMENDED, El THE PORTION OF LOT 12A LABELED HEREON AS â€¢OPEN SPACE FOR LOT 12A" SHALL RE>LAIM PLAT BOOK 120 PAGE 076 Sheet 1 {N,entÂ· Bart,oraord Aaron ~ DoteÂ· 09/20/2017 1 5 I ED= .1/10~,7 IT..r,NAL PITKIN COUNTY CLERK AND RECORDER Pg 1 of 3.01/08/2018/ 11:13:37 AM R 1 5.. 11%07,7 PER .17 ENG COMMENTS AREA. Janice K los Caudill, Pitkin County. CO SOP 11~08,17 PER ATTORNEY COUMENTS AS OPEN SPACE AND NO NEW STRUCTURES OR SITE COVERAGE SHALL BE ALLOWED IN SAID ~ Fleck dwvg file: 15 034.006 , 2 | 5// 11/0/B.. IER CO~ DEV COMMENTS 3) THE ACCESSORY DWELLZNG UNIT ADU) ON LOT 12A HAS BEEN REMOVED IN SATISFACTION OF 1 of 3 f | 1 , SIP C/'6./ 7 ~ PER .,TY COMMENTS THE REQUIREMENTS OF SECTION 3. ORDINANCE 18 (SERIES OF 20 7) BY: Droan By. S. Phelps i Job No.: 15.034 lili BY DATE | REVISION DISCR PnON FÂ©u lf[*LF 0,0@1 90* -%33.'I RECEPTION#: 644260, 01/08/2018 at 11:13:37 AM, Pgs 2 of 3, Janice K. Vos Caudill, Pitkin County, CO Fleck Minor Subdivision - Lot Split GPS Mon No 4 .-:..Ran. Box, A CL S West End St & Ff E. Hoplars Ave Lots 12 and 12A Callahan Subdivision SITUATED IN THE El/2 OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P. M. CITY oF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 1 Purpose Statnment This At eitablishes Lots 12 and 12A into Mo seperate fee simple estates pursuant to Aspen City Council Ordinance No. 18, Sedes of 2017, recarded A Reception No. 641444 GPS Mon No 1 GJ- Parcel ID: 273718132012 /,ass Ci,p in Range Box . . E hl Ave Cls. West End SL & 4%:b. Sheet 2 of 3 1 91*. \4 Â»A \ 44$45\ SÂ©IND. 5.ebarlB"long w/orangeplasace. Ir- PLS No 27613 4 lot 13.Open Space 1 \ 1 0 C.alm.1 Subdivision As./Club.oup. Inc 730 E D,Nfan[ Ave ~ GRAPHIC SCALE - 1 4 \ 1\ Aspen, CO 81611 ~ 4 . 0.- 20' Su!/.- Di(ch eiacrne' 1 per(2011/%Subdivi~lon plat,Rec No,183889 ( IN FIET) 1 inch - 20 1 !4'Trail #emi:n All IR,dimenwnsshom hercon arc in US Su~ey Fcei 1*noW 14) CURVETABLE CurveNo Arc[~n~th Radius Centr~ Angle Chofdle'ling Chord Distance | Tani;int Di~tance Curve 1 50.20' 375.00' 790'10" S85~04'55Â»W 30.16' 1 23.14' Cu,ve 2 49 65' 3990~ 7Â°07'43" S85Â°21'08: 4961' | 24.83 /4 %1 1 1 Cu.Â¥Â¢3 6840' 76.00' 51/4100" N 63D08'00-E 66 / 36.7]' 41 6\ r ./. 4 90. 100. 5!94'00. N63Â°08'00-12 86.99' 48,31' Ourve' 63 [7 603. 6Â°00'. S56*26'56"E 6314Â· I 31.61 C"/6 22196' 603.0(r 21~05 r26" S40.3719~E 220.71' 11225Â· \1 \\ \ 4 \1\ \\ \ >Â©\ \ \\ 2 \\ / 6 \\\ \ 06/ 1 \\\ \ \\ 1 \4 6 1 Lot 12A g# 28615.9 B. rt. 0 lf\~ 11~1\11 0.657 Acie 4 .R (Seâ‚¬ det/1 forbudding sile /4 lib \\9/ discribed in Note ZI) hefeon) \A 9\ % I ./1 ./\7 \\Â© >0. UÂ·~ 28 ~ ~----~' Muft. Ltv/. Mulu f.mnify +2\ \ a 9%0* 4 N,clling Unlt - h ap PLSNo 9184 \ \41 Fo d Rcbar W/plastic 59 4/ Wooderd.Conslrugtion A . 1 \\.W \ 1 - Aspen, CtÂ¢ 8{16] I . , Con. , -.Tr;p : 21, 4*P '94 1452 Crystal Lake Rd \ 9 1 1 \33.Â» 1 41 Slab j \-â‚¬< 4 ., \ Un,1 2, Bulcrn Duplex ' 1.15â‚¬ 1. Al,ahaun Tiusl 14\\/ %3 ~9 Found No. S }tebar 1934 Windwaal Lane / 09 M Newport Beach. CA 92660 4. 4 2, 46 0 \4 I A 1 I /\ -40 49 â‚¬#f+ A.~~Off s \ Stonen'imber 4 d L '' C 1-3. 1% r-y ** i .*40, 0% .\1 \1%344 1 144 141 I // I tie x f ... Rebar W/Pl,wtic ...\\. NEA Cap,PLSNo. 9184 yound Nail W/Shiner PI S No 276~3 7 / 7Y1 4' lid Element Y \,\_. LU tkcao= 14) 7 37- .092044>2- ./ 9â€¢Â»Wk/ . 0 -Â»-- -- -- â‚¬ 0 0 1 /'-- 4/ t I 3' 19/ty Fa- ) / 4 04 12A (Open Space) 4,g PÂ«-2_2- 2 -- 4/40 ..rhall Palbway f -7-7 co' _ Der plat / 9 D (See note :E) *237 \-2--â€ž064 -0 ~ A 5 'fi< 00[6~1 .4, 1 . CÂ«. \\\ Found NG 5 Rebar CURVE ~ M=3*-21 R. \ . - a . IM.4.9-Mâ€¢â€¢s C., /. /ge/8.dIA//1/10 8/ ~ %1.'*6. \ . \\. 4 1 A--Sivy -*F n % Â° @> Found *1./Shiner \ , 4 Found Rebar W/PIastic PLS No 2* I 1 \---li:-7 - 1 09Â°46'00Â·E~ Â· ~~ /0//ity/4.Iper'/3 ~nPIENog,84 1 256.03' g \1 4 y "'Accessbsemen'No. 1 ./ , 1-/ / h Â£ C. 16' wide d.easement : , Rec. No. 421520 X asshownon/@tahan Subd up-,3*- Plat (Book 93, PagÂ¢404) \ 1 8 / 11 41/ i L j / \ 1 \\ I li 1 b 1 \\ \\ 1 \\\ \ \ i 1 /\\ l -k-- --9 \ \ 1 \ p-/.141 \4 \ \ 1 0 14' ...asÂ¤nent I : # # 1 tr,8.36255-~j- 7 11 #11 " PQF 1 - - zr--T~Er $ IC I \ 1% : e 164 1 192 : \\ i \\ 446 1 \1/ \ \ \\ \\ 1 \1 \ Â§4 1 \ \ \\ \ 1 -3 1 ->\ \ \\\ Legend of Symbols \ ek \ \62 \\ \\ \\\ 3. /6/ (Â© I. kil Se.v, MuS \62 \:5 I. 9 Ex~ Inter ShMÂ·off VA!Â¥Â¥ \ P 4,4 .43/4 .lip-'-I en. Exi.1 '11,14, Pole \ l 4 , 1% \034 .i' W.#/VIve Â® Pn'le,~> Pm, '.... Sc, UNE']Â·ABLE 0 4 Linâ‚¬No .... Ler.111 , 3.9 BEL1 S36~12'26"E 4 86' -T, 0- 0910 4 Ti.In. con,rol ./ -t-Ole,bc.d...1.') BE[/ S511~W.. 3 36' 1 0000 11/k Wall . % Wood..Fee CURVE TABLE - - --- Lot ]2A 4/ Radiug .... An# Chord Be'wing .ord.slance TangentDistance O Tele R= Â® Ph- Mil{ Curâ€¢e No. Are[.englh Building iite per City 354 \ 06 ... 9032' 628 00' 8'14'27" S41Â°46'54"E 9025Â· 45.24 1 1 / M. note 2/ Â® Dram BEC 8 45 90' 3100' Â·5194Â·00Â· N63Â°08Â·00~E 44.37 2464' / 7,439'/ Ft r. /8/ mÂ·L DE. 9 [273' 42400' 1â€¢43Â·12Â· SBRa03'3 W 12 73 637\42:---ED 0 Ma~lbox BFâ‚¬C 1 0 31.04' 13000' 13Â°40'48 Slr0724"E 3097 15.59' -_-3 \ E \/ O 13=it W..ole , % O F.is, 19c.#M~,hn~e : &/ 9 64 1% */re 1 1 \l\ / C.'lia:'pia 1 ~ 4 3 Utility easement per SurvCo, Inc. r.1..~~au \ 1 A ./ f Professional Land Surveying Services ~ + i f %\ .// 461 // 0 I "Serving Western Colorado since 1991" 826-1/2 Grand Avenue \ ~30/!Wâ€¢*7 \ L --- i BBC 9 Post Office Box 2782 WALLAND / Glenwood Springs, CO. 81602-2782 FPhoner (970) 945-5945 Email suivcc@grnal' carri Date. 09/20/2017 5 ./. 11/Ic/1 7 TO FINAL ~r ~~st _ _.1 M . Sheet Client: Barbara and Aaron . S.P 11/08/17 PER ATTORN. OMMENIS Fleck . 51' 11/07/17 PER CITY ENG Câ‚¬*lkÂ¢ENTS ------T-- 1- -- --0 LOT 12A BUILDING SITE DETAIL .dwg file: 15.034.006 2 90. H/06/17 PER COU. DEV COMBE 2 of 3 1 -'. 10/16/17 PER CITY ....ENTS / / Drawn By: S Phelps Job No.: 15.034 Cune 2 / NO 8. DATE REMSION DESCRIPTION 1-3654400Â·w DM1Â° RECEPTION#: 644260, 01/08/2018 at 11:13:37 AM, Pgs 3 of 3, Janice K. Vos Caudill, Pitkin County, CO Fleck Minor Subdivision - Lot Split Lots 12 and 12A Callahan Subdivision 00 SITUATED IN THE El/2 oF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST oF THE 61-H P.M. -, / Purpose Statement: This plat establishes Lots 12 and 12Ainto two sepefate fee simple estates pulu~t to *pen City DO 07 CRYSTAL LAKE C)TY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO Council Ordinance No. 18, Series of 2017, recorded as Reception No. 641444 ROAO Parcel ID: 273718132012 a- =i/.....luti29'+C Sheet 3 of 3 P.S.0 27613 *- /10 614 / sup.lm / A I. Phon' Ped. DI I. A Accessliascmen'No 2 Transfbrine, indicale.,Ippwent --4*1 1<,cotion ofHal) Crimigh' 2 0â‚¬341 \#co. N~ 421520 ufwayul~emer.,Rec lo. 461691 1 GPS Mon No 4 3164444\ Gas Meter W 13-C.....Box ,#2& CLS West 1~,d St & q E Hopkin,Ave, 2/1*ivowayedcment for Lot]2 nsÂ·,acated hy that documemn:corded -- 209 - in Bo,ik 434, Page 66 f i \ Lot 11, Cal!ah= Subd,vislon North Clove N V 1333 liulh Miami Ave Swile N. 100 / Mi-,11. 33130 019*/*1'll Z R Anc~Wall A O. S. West End St, & E .ft'>urrant *c % 0 6424 9 0 /. 0 I U 0 4 Z E k Lot 6. Still-cr R~h 4 Julie G.crson/evocable.. P O ./ 1209 9 640 018[lie KS 66031 -I 2109 GRAPHIC SCALE 0 10 20 00 C IN FEEr) 1 Inch - 20 ft All linear dimcm,0/ shown h=eon R in US Sur.ey Net f -,-- 100 CURVE TILE R* 0,0..444 -02143Â«LÂ»rd r.:gent Curve 1 5020 375.00' 7Â°40'10~ SMÂ°04'33"W 50.le 25.14 Curvc Z 4963 399 0(T 7Â°07Â·45- SS'21'DEW 4961 24 83 CtNve 3 6840' 76.00' 51'34~0" N63'08'00-E 66.12 36.71' Cur,e 4 9000' 1000(7 31 34I0' N63â€¢08'00"E 86.. 48.31' 1 /"/6 221.96 603/ 2]'05'26# '$40Â°3719"E 220 71' 112.25 Ct,ve 3 63,17' 603.00' 6%0'08" S56Â°26'5692 63.14 316] Tras/Enclosul Comer/0.9/6 *waide Found Property Comer ... Found .Â£.one Monumr' $89Â°08124Â·E - /Oange Plas. C, PLS=* 1160.87' (Basis of Bearings) Placcr MS 3905. Found 3-1/2-0 M 4\ \ Tiansforn,eridigalcs appanmt ...Capon Vlron - locatono.01,00* Pipe 9.t 'n !951! ./-- ofwa. e[!,ent[Uc. No, 46!691 1.'21, Pet/, \-1 \ 4Â» 0,3/,0<.4, .phall Elce. Mir. - 3 Â·Â·d-â‚¬f' Pa~,cl ---- '.0 #68 INTveÂ»- -4- #AL 1 0 - * -*g'Per,p"j I No rence line pi agrem*t./. Â° t. , . 0 - *47 No, 425356 X 1 / Driveway - N Stone rk /1/ r i Foond Witne/Comer 1 No 3 Reba,24~ Long 1,-W/(hanEeplas C:, 10 -1 a Flout V I- filt' 1 1 \74 Mul. 21613 \- Drywell OInk=Imitten[ 1 '% V - -i. . M.9 - - . \ \49# 5 7.3 11,9, 91- 9 1 Open Sp8cc - Lot 11. Callahan Subdivilion li perplat{Book 13. Pagegi) c A P.fo I 90. 01 \ 17 1 o Multi Story S.g!Â¢ Fam,ly Residence A \ , Found Wilness Corner StondMEâ€¢nâ„¢ Co.#ion .. | 1449Cr~taILakeRoad 3 0 J No 5 Rebar'4~ Long W/Oren.Mas Cap. ,~ Foot blidge Cle.,~t(:V ' " A,pe' CO ~1611 2.0, 1 / 1 51 2. ILS No 27613 4 6 -/, Cl~ern .. . 10 3, . ~ / Eli \ A 13.0 V . 1 15% 0 --.19'm 7-1 2nd 10/ Dack Elev.: 8001.74 I . I ETopofRiver Bank 1 Law:Gal,- , Stal ' 09.19.20/ P.0 Ch Mmiter / ' I muto. unding/te p. sheet 3 orthe Final Mal and Spa / 1 Development Plan br ihc Callahan Subdivision as . .1 /fu,coccdmth/Admendmci,Ito'trc,mandiargin ,Â·~-/ Review approved MNy 26.1999 -,drecord,/ under 1 Ree. No, 441326 (Location shown is scall on the 1 pil, exaci loca[ion not defir~d on seid plaL) Lotl2 ' \ 63703.5 ./.It. ' I 0 1.462 Acres I D[yweli Lot 6, Smlwaler Ranch \R ~ ~ 3/ie Gerson Revocable'lÂ·rmt 1 I I / - P.0 Box 1209 &2 1 0â„¢he KS. 66051-1209 / \ f 1 1- .LUL / -- 10.0, ' 3- I 1 No.....por _, , - / 1\\ . 1/\ 0 ' ~ 7*perPI~ x - r.- S89Â°46'00'E 270 00' / . Foundproperecomer / 41 No 3 Rel= 24Â·' Long 1 I ./.ang' M. Op, I Found Rebar W.citow , 14-0 27613 Plas CÂ». PLS No !2707 / 1 I. ' ./., Limi/0,10/Ye. Flood?tal,]as ' Di/lizcd lon from Community / Panel No 08097C0204 C. Effect~ve - D= Junc 4.1917 t.et 6, Stillwalci Randl , -Top of Rive, Bank Julie Ger,on Revocl,ble'rrust P.O. Box !209 09 19 -2015 01/the KS. 660.-1209 Legend of Symbols 8 Li. Â® Enst *it=y *.hote SurvCo, Inc. Professional Land Surveying Services 21 -,- Si. 1 Uial W,lerSh-~/AlvÂ© A E,fi, F~c H... e R*i, Un,j~ pme "Serving Western Coloradosince 1991" In: 1 0-Â®16 Phe.5 ge M Eks, W,Wr * hol=ty Pa Fo-. Se: 826-1/2 Grand Avenue . T#.Cal,m~Ba~ - f - Ild ':Ity Une(s) Post Office Box 2782 *WIWPLFB 0 -R- 0000 Rock Wall / Glenwood Springs, CO- 81602-2782 144:10/ 0 T. R. Phone (970) 945-5945 Errall:surveoÂ©gmail corn k o-Â¢ Mck. P=1 0 Dran Date: 09/20/2017 5 /P 2291~7 3-99/___ x - Wuud.Fence 0 ..Ibi= Sheet Client: Borboro ond Aaron _~__ 4 S.. 11'08/17 PER ATTORNEY COMMENTS 3 St; 11/07/1 PER OTY ENG COMMENTS Fleck .dwq file: 15.054.006 2 ./. 1,/06/17 PER CON DEV COMMENTS 0 'lit Wil,~Mm~hoic e ]El=.QI'll 3 of 3 , S.. 10/16/17 PER CITY /0//ENTS 0 E- Fl'rhic M-le Drawn ByÂ· S. Phelps Job No.: 15 034 NO By DATE REISION DESCA,PION (0Â¥08 31/Acid) Drivewsy NOOÂ°14Â·00Â·E SOOÂ°14'00'W 3.00,9 1.00 N '00 091 10Â· Ulility Easement Plat ... 9803 9...023 =. Janice K. Vos Caudill (~}*THIN Transaction Receipt Pitkin County Clerk and Recorder ' ~OUNT* Print Date: 01/08/2018 11:13:40 AM 534 East Hyman Avenue Transaction #604995 Aspen, CO 81611 - (2/-3*0\.)- Transaction Type: Recording (970)429-2716 Receipt #2018000112 Cashier: Patty Nadon Cashier Date: 01/08/2018 11:13:37 AM Number of Documents Recorded: 1 Reception#644260 - PLAT - 3pg(s) Recording Surcharge: $3.00 Book 120 / Page 076 Recording Fee: Plats: $30.00 $33.00 Total Fees $33.00 Payment Received: Check #3499 $33.00 Change $0.00 Presented by: ASPEN CITY OF (CLERK) ATTN CITY CLERK *** * 1. 1.-1 1241- 3 93 7,4-4.-1 = I j / ifixi~| (*#12* *13**u@47*2 3*tuz>* 600 1 11 1 1 -+1 5-9 '11 . 0105 1.Â« CERTIFICATE OWNER:JET 4/ EW l-1.0 CERTIFICATE No. -t. 1 1 Â©< 4 W THIS IRREVOCABLE CERTIFICATE EVIDENCES AND REPRESENTS O,603 CAWA[)(2.4 2- Flu "AFFORDABLE HoUSING CREDITS" AND MAY . * BE TRANSFERRED IN ACCORDANCE WITH CHAPTER 26.540 OF THE CITY OF ASPEN MUNICIPAL CODE. i. *M 14 1 Ilt.41 i.1 k 91 -34 111 i lilli i'* :Al Issued pursuant to OV-10 f At AUCE No. 4 , Series Â·of 7-61 4 , this Certificate is perpetual and irrevocable and shall be honored by .114* >% the Cit:y ofAspen, which grants approval of 'O. Be j ELM-Ea OR-4 1 Fl-5 ~ affordable housing credits. - 1 9<4 1 Â· Â» Â¥ As consideration and in exchange for issuance of this Certificate, voluntary deed restrictedÂ·.affordable:housing has been developed on property identified as 4 11< fi 1 A'll:Â¢ 1 - *44 ** 4 , 4 -tlt "1 Parcel ID No. 2-44%. Â·%44. 18,â€¢ 6(31- Â· ~ , legally described as UN rr-{2> Veâ€¢LIPIC AVRCoN{Â»AAINILLAA S and more commonly known Â» 1> 1 1 411*->4 as 5 1-* AARC (address), Aspen, ColoradoÂ·pursuant to Fipermanent deed resuiction which has been placed on the property ./1- 3-1 ..1 1/1 14 - ' 44-4 and which is filed ofrecord with. the Pitkin County Clerk and Recorder as reception no. O Â¥%02Â£b 4 - 11/1 . b lili - 9 -1-2 Wben propâ‚¬Â·rly endorsed below, tbe original oftbis certificate sbaU constitute ownership oftbese Â£fgordable bousing credits by the certificate owner named above. The certificate owner - lp,L ' i -1-' .,4. may transfer tbis cotificate at any time by an assignment of oummbip, which shall be evidenced by a duly executed and notarized assignment located on the back of this document. -F- 1. 14% 1/ 1 k CITY ISSUANCE Issued by the City of Aspen, Colorado. this OWNER ACCEPTANCE , .1,~* 1 *24 1 <110'l 2. R .., day of Oll kiliE . 26 Clâ€¢ f Â·. ~Accepted.this.Â· 34 â€¢rlav of < M,LUE ~ Â· ~Â·- Â· .2.0 Kk -294 48*7 0 lit.,1 ~Â¢ ~egi}k,Rga~~~~_~3<,43 by: y? DEVEI;EDiENT DIRECTOR / SIGNATURE OF CERTIFICAFE OWNER, NAMED ABOVE 1 -,7. /1 1 lili c h / /U %* 41 1 attek:... 1, 1-'*f:>41>l .-4 ' The foregoing instrument was acknowledged before me this '24 day of , 44%11 '3\A Url ' 2011- by'â„¢1512-70*WE u-, A/*NA,2,932 3 , 1 0 - . r 1 elli --41 4.-e 01 -03 1 ,Â·th D#,1.41 the party accepting this certificate, ' Jet- Ul.510 l-LC .1 1 iâ‚¬~W,~Â¥lk.$442.all....r_NM/-5C.te,Z~Â¤3U~/~,â„¢X...ral-/... , 0 ANGELA JUNE SCOREÂ¥': .~. . 436 . ./ 1 1 NOTARY FUEL IC 2 f , 1, I , STAIE OF COLORADO \ Â· ST.ATE OF COLORAD: , . Â©4 9Â£40.- I J f NOTARY ID #20154-0 7120 2 County of Pitkin ) -p n~ n r. 4 1 11.Ec. A.. tr Â¢ ..9 , w,yuci'nmission E'Kn res ..Â· i Â· c Â· 1,... . r d I<,% *gzin**Â·4'â€¢*Â·4*â€¢ Â· -4.â€¢c.gil'? Â·Câ€¢â€¢ Â·.â€¢Â·4. Â· .Â·titâ€¢EU.Â·u:.Â·.Â·m~V' , 56904- Auic* 3 Ae ~4 - cst~C-kea ic"" - Â·NOTARY"PUBLIC - -4, 6-421% -Â». , *441 141- 12-111~ % 3, 1. i _ , 5Â· 2-2,- 12 !,Â·Â¥'P,--45Â·*4 : *11-i-~6: -2 /SE# I-=+ 2 9 --'3)-L~ ~ -* RA trpr'k Â·biA=*Caegul.'.-n!,217-~.,02',iÂ·n:,i.'iM 1~Â·A,i,1, L EKIWI,S**1396*MZ*3' 7-9'-'IW- r'fU. 4&:7~, ~132Grr= 1;-7-â‚¬I l' IliC~~i ~ A/< ><><>4><>6><>49<>0><20< ><29(00,62>0234?<34><34Â©20<>0><X,X >03<><Â©R>OR XERDbAX+XXÂ« ><,><>8><>0><XÂ« >0><50>< X V:Y'b-ji'~')4<tÂ©~.~~;~4*t~ti?;tb~>"l,jk~~'12'e ~Â·-3 lx.~, ~ ;...* i :V :.Â·x - 2-,4Â»fed,?,1!0@I<*NiN.i:>5...P'â‚¬,>Â·,12'2~y~f'U,? . ..~ - Â·..> : ~. 4 24/ i&( t -E V 6.- . 1* 4&' +' M IW 1=â€¢Xfgl~ ~1;:>~>~%35jtÂ·:.1Â·Â·f='. pÂ·p>~ Legal description ofproperty continued, ifnecessary, from the front of this document: Arr-oeDING -tz> -T+18 *fÂ¥r TtttagE<:F 122.r/412 r}PO AM ausr 9, 2.60 4 i N PLAT 800 r- 80 At '7Â¥\aF 14. n li 724~.-4 4-r -,g,-,-...~ h'10-,O.-A c\Â·ke 1st ASSIGNMENT Or OWNERSHIP 'Ii< C ~- tu~ 32.-t- , hereby 14~fE..a>vopi@ip of this Affordable i . . , Housing Credit Certificate to: ~60/0 n -~1 2 (:.1,L 2-ibot...v kyecv- ce Ell 2.c- 14- V SIGNATURE OPCERTIFICATE O~~,NAME N~HEFRONT OF THIS DOCUMENT The foregoing instrument was acknowledged before me rhis 1 14-4 day of 40 049* r00 1-7 3 by r-.~*e-. 4- e to Â¥ 14Â£ l \ , the part*transferring this cer~ficate. 1452 OR.verAL LAILE 120410 STATE OF COLORADO ~ 0150. 10 1 1. A aug Coun~r of Pitkidy-h JOYS.H%GENS NOTARY PUBLIC 93 (th STATEOF COLORADO I-# L.11 Â«CL<2 NOTARY ID.# 19944004544 ~ NOTARY PI)17T l.-2121Â£129N.EXPIRESJULY 16.2218. 0 0 2nd ASSIGNMENT OF OWNERSHIP I, Â£>AeÂ¥64â‚¬A -401 KE.8- , hereby transfer ownership of Ellis Affordable Housing Credit Certificate to: (],t-nr oF Ae*tz}Â·1 8â‚¬_aert Netul{&*(MENT . eax.Ji=_--41â‚¬a SIGNATURE OF CERTIFICATE OWNER, NAMED ON THE FRONT OF THIS DOCUMENT The foregoing instrument was acknowledged before me thisÂ·~ 9 06 dayof 3 AwuRâ€¢Zx , 2018 by 2*2â‚¬A<2 0, 1,05C ki , the party transferring this certificate. 6103'â‚¬ECE'i,9.0-0 ~d:i EXTINGUISHED STATE OF COLORADO \ ) ss. 0419/230103 20 3,31, 4 4 1 County of PiIkin 0118[12 01 *ly I.ON -- ~ JAN 3 1615 ABHOOS BWile V-IPE)NV ~ n 1,6TY 91; ASPEN < An0MUMTHDEVELOPMENT ~hâ„¢Â»1â€¢4~tmr,iÂ»â€¢4*,=12â€¢n'i~tS&./......I-*...:.&.M%.... 4 NOTARYPUBLIC 43?4.4, r /.. LUU ./ 14 1 Y 72!FliÂ»J--1Â£ -er- ' -1119 13.-fiint; !161 -ill!- 1,-til _-'E- li' i'[&' Â·d- iviV,+,-1211!11.01,12Â£I-imill- i-'L,1.196_L-ifI4112'MPI.Wi,!1U1Â·EL---1. !6.CA~li"Il'--ne.:.1- UL. 77, 1.*JI GUI~n iâ‚¬ a=T.4T.tfp-_Er-_SO,i-I~-'19_Â· â‚¬!IFANT_.-:PE-,1Jll,-4,=-3.614 Ki . 2-Â· 1 1 Irr 4 1= =- -1 Ir' _17 r ItiD T 4 ,4 ,M '44-1,21 -14 + 11 ;116.~r' A V k. 111 lili .2L +1 L Il " ,7, I .3-- irlll, I',='= ,#'â€¢,~Â·TEI~ i~,4,;'~ -C*IM -I-,-* lÂ¢! I-,+ ilt ~ -, 1 -i, *, J 4' t:-4.1 il' I FF 'G + IL .rl'!-4 K -1[ , 'I ,â€¢f-4 i >' ill '1 -*.Ilt I *=f.â€¢ UlÂ«Â» 43*'7 4,; 1.; 4 k,1 Â«At>11 17Â·110 R,i__34-4 ?i?-_26~ 01-31(411212â€¢1 .,1.+ 1 1-0-0 hi 171,1 3-(311'ifill_411-2,12 14+2 -- _- ce=kÂ£2.... An AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 1441 ad '49 2 6*21 Ula LO , Aspen, CO SCHEDULED PUBLIC HEARING DATE: JAH.dr 14, @ 5-:00 f m ,20 STATE OF COLORADO ) ) SS. County of Pitkin ) I, 144,~- S car-,n (name, please print) being ort representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: V~ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. yl copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the day of , 20 , to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they ' appeared no more than sixty (60) days prior to the date of the public hearing. A copy ofthe owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) 0 0 Mineral Estate Owner Notice. By the certified mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text o f this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. 6,4 Sv---3 Signature The foregoing "Affidavit of Notice" was acknowledged before me this 13 day of 4,01"\ , 206_,by Aâ„¢â‚¬61 9'C-w-e~ WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 415/20 *'M Li ?04-Usler No?hry Public |KAREN-REED PATTERSON L NOTARY PUBLIC STATE OF COLORADO ATTACHMENTS AS APPLICABLE: NOTARY ID #19964002767 â€¢ COPY OF THE PUBLICATION 1 My Commission Expires February 15,2920-, â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 ~~ RE: 1449 and 1452 Crystal Lake Road ~ICE OF PUSLICHEARING-~~ Lot 12/12 A of the Callahan Subdivision Public Hearing: August 14,2017,5:00 PM Meeting Location: City Hall, Council Chambers 130 S. Galena St., Aspen. CO 81611 Project Location: 1449 and 1452 Crystal Lak, Road, Parcel ID# 2737-181-32-012 Legal Description: Lot 12 and Lot 12A, Callahar Subdivision, According to me Plat Recorded Men 19. 1976 in Plat Book 5 at Page 7, And Amendec Final Plat and Development Plan Recorded Augus 17, 1977 in Piat Book 6 at Page 16, and Parcel B That Cettain Parcel Platted and described as "Oper Space For Lot 12a" On The Final Plat of Callahai Subdivision, Recorded May 19,1976 in Plat Book v at Page 7, County Of Pitkin, State of Colorado. Description: The applicant is requesting to create Â£ lot split for Lot 12/12A in the Callahan Subdivision There are currently two detached dwellings on thE property. With the proposed lot split. the home a 1452 Crystal Lake Road would remain on 12A anc the home at 1449 Crystal Lake Road would remair on Lot 12. The proposed lots would be consisten with the lot boundaries established when the subdiÂ· vision was created in 1976. Land Use Reviews Reg: Minor Subdivision - L_01 Split (26.480.060) Minor Amendment to a Planned Developmen (26.445) Removal of an Accessory Dwelling Unt (26.520.090.C) Decision Making Body: City Council Applicant: Barbara and Aaron Fleck; representec by Haas Land Planning and Genshaft Cramer, LLP. More Information: For further information related to the project, contact Ben Anderson at the City 01 Aspen Community Development Department, 130 S. Galena St., Aspen, CO, (970) 429.2765, Ben.Anders on@cityofaspen.com. Published in the Aspen Times on July 13, 2017, 0000083626 very genre imaginable ling distinct and icterizations. The Y, resulting in a story 3 popular with book un to discuss. ~15 16 17 18 19 0 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 19-01 4/ 1 460 Cr 951-4/ Cahz /0,"1 , Aspen, CO SgIEDULED PUBLIC HEARING DATE: Mwy~ 1 1 , 20_L2 STATE OF COLORADO ) County of Pitkin ~ ) I, 1~ITCMELL ~ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: /60 j X (CITY) Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15 ) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice. which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. SaN notice wap Posted at least fifteen (15) days prior to the public hearing on the 269ay of Jit<<.t , 20/7 , to and including the date and time of the public hearing. A pKbtograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community rt|~*lict 26.304.060(E)(2) ofthe Aspen Land Use Code. At least fifteen (15) days prior to Development Department, which contains the information described in Section the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy qf the owners and governmental agencies so noticed is attached hereto. Pl~A Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that -kfaS presented to the public is attached hereto. (continued on next page) AOAC fbuAV Mineral Estate Owner Notice. By the certified mailing of notice. return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, PDs that create more than one lot, and new Planned Developments are subject to this notice requirement. P~R Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text o f this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature \ The fortgoing "Affidavit of Notice" was ackqowledged befbre me this ~~iay of tfulll* , 2017-5 by Pl*,4 11-41(19 WITNESS MY HAND AND OFFICIAL SEAL My commission expires: 01 151 30 14Â« fud_ -ElilrÂ»~ Notary Public KAREN REED PA fl E: G SON NOTARY PUBLIC.i STATE OF COLORAVO ATTACHMENTS AS APPLICABLI: NOTARY ID #19964< f; Â·,/ 7 My Commission Expires Februt.,7 It. 2020 â€¢ COPY OF THE PUBLICATION r â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 THE CITY oF ASPEN City of Aspen 130 S. Galena Street, Aspen, CO 81611 p: (970) 920.5000 f: (970) 920.5197 w: www. aspe n pitki n. co m NOTICE OF PUBLIC HEARING RE: 1449 and 1452 Crystal Lake Road Lot 12/12A of the Callahan Subdivision Public Hearing: August 14, 2017; 5:00PM Meeting Location: City Hall, Council Chambers, 130 S. Galena St., Aspen, CO 81611 Project Location: 1449 and 1452 Crystal Lake Road, Parcel ID# 2737-181-32-012; legally described as: Lot 12 and Lot 12A, Callahan Subdivision, Accordingto the Plat Recorded May 19, 1976 in Plat Book 5 at Page 7, And Amended Final Plat and Development Plan Recorded August 17, 1977 in Plat Book 6 at Page 16, and Parcel B, That Certain Parcel Platted and described as "Open Space For Lot 12a" On The Final Plat of Callahan Subdivision, Recorded May 19, 1976 in Plat Book 5 at Page 7, County Of Pitkin, State of Colorado. Description: The applicant is requestingto create a lot split for Lot 12/12A in the Callahan Subdivision. There are currentlytwo detached dwellings on the property. With the proposed lot split, the home at 1452 Crystal Lake Road would remain on 12A and the home at 1449 Crystal Lake Road would remain on Lot 12. The proposed lots would be consistent with the lot boundaries established when the subdivision was created in 1976. Land Use Reviews Requested: Minor Subdivision - Lot Split (26.480.060) Minor Amendmentto a Planned Development (26.445) Removal of an Accessory Dwelling Unit (26.520.090.C) Decision Making Body: City Council Applicant: Barbara and Aaron Fleck, represented by Haas Land Planning and Genshaft Cramer, LLP. More Information: For further information related to the project, contact Ben Anderson at the City of Aspen Community Development Department, 130 S. Galena St,, Aspen, CO, (970) 429.2765, Ben.Anderson@cityofaspen.com. Â£ 4 -: 6 9 1.3,1/ , â€¢ 1' C' LICÂ·NOT - kÂ· f *Â· ~ Q__~~~_*u_st 14, 2017 -6-1 .2 1 . t Time: 5:00 PM â‚¬- 2. 1 ... 1 Place: 130 S Galena, Coutpil Chambers . - -m I Purpose: . . I ' Barbara and Aaron Fleck; 1449 . 4 . - th . Crystal Lake Rd., Aspen, CO are I ,i I. requesting approval of a lot split for i - * Lot 12/12A of the Callahan A -I Subdivision. I f Â£ City Council will review this request. ~ 23 . For further information contact Ben Anderson with Aspen Community Development at 970-429-2765 Â¥, 4- 4 1* 4 1 1 9 19.2 ' . C . * a 9 , 4 14 - 4 A . r 14 : ... VS \ 4 â€¢. 1 ' 9 1,- 1. " , 4 * 1 %0 4 1 . 29 7 4 . 1 . ' A-t \ -- 4 - , I 1 Â£ I Pitkin County Mailing List of 300 Feet Radius From Parcel: 273718132012 on 06/26/2017 4)*flf,IN ' Cou,il'* Instructions: This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. Disclaimer: Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. http:Uwww.pitkinmapsandmore.com GODFREY BRUCE FAM TRST GODFREY LESLI L FAM TRST GADA 777 REV LIVING TRUST 1041 S HIGH ST 1041 S HIGH ST PO BOX 2061 DENVER, CO 80209 DENVER, CO 80209 ASPEN, CO 81612 POPE FAMILY TRUST KAUFMAN GIDEON BICKFORD SCOTT R 1601 N EASTERLY TER 315 E HYMAN STE 305 338 LAFAYETTE ST LOS ANGELES, CA 90026 ASPEN, CO 81611 NEW ORLEANS, LA 70130 HODGES ANN V 345 EASTWOOD DR LLC BEHRHORST DAVID G 302 ROARING FORK DR 2727 ALLEN PK\NY 14TH FL 257 EASTWOOD DR ASPEN, CO 81611 HOUSTON, TX 77019 ASPEN, CO 81611 FISHER DONNA S CONFORTI VICTOR A IRR FAMILY TRUST J&E COLORADO TRUST #13-01 257 EASTWOOD DR 28 BEACH ST 7717 CRESWELL RD #2 ASPEN, CO 81611 TILTON, NH 032765336 SHREVEPORT, LA 71106 228 EASTWOOD LLC BEARFOOT REVOCABLE TRUST BEAUSEANT TRUST 625 E HYMAN #201 198 EASTWOOD DR 198 EASTWOOD RD ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 816112205 VILLASANTA FAMILY TRUST VILLASANTA UMBERTO TRUST OTTO MARIA M 4611 CEDAR GARDEN RD 4611 CEDAR GARDEN RD 21 E 66TH ST #9FL BALTIMORE, MD 21229 BALTIMORE, MD 21229 NEWYORK, NY 10021-5853 CANFIELD KENNETH STEVEN LIFE TRUST NORTH CLOVE N V ASPEN CLUB GROUP INC 849 COAST BLVD 1333 SOUTH MIAMI AVE #100 730 E DURANT AVE LA JOLLA, CA 92037 MIAMI, FL 33130 ASPEN, CO 81611 WAYNE WILLIAM & MARSHA FAM TRST CLINE LEONARD J UHALT HUGH C 1483 BONNYMEDE DR 634 CARONDELET ST 634 CARONDELET ST SANTA BARBARA, CA 93108 NEW ORLEANS,LA 70130-3504 NEW ORLEANS, LA 70130-3504 HAHN TRUST JONES FAMILY REV TRUST KANE TAMAR GENERATION SKIPPING TRUS 1650 FARNAM ST 2105 LEE SHORE PL 149 S BARRINGTON AVE #641 OMAHA, NE 68102 WILMINGTON, NC 28405 LOS ANGELES, CA 90049 FRETZ BARBARA B FRETZ FAMILY TRUST ARMYTAGE GAYLE M 1432 CRYSTAL LAKE RD 1432 CRYSTAL LAKE RD 1434 CRYSTAL LAKE RD ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 SHELDON ROBERT & BARBARA CROWN JANET S LIV TRUST MRK ASPEN INVESTMENTS LLC 11 BROOKSIDE DR 256 S BEVERLY GLEN BLVD 34 W DILIDO DR WESTPORT, CT 06880 LOS ANGELES, CA 90024 MIAMI, FL 33139 MRK 1425 CRYSTAL LAKE LLC HOFFMAN EVELINE REV TRUST SHUMAN RUTH L 34 W DILIDO DR 1427 CRYSTAL LAKE RD 1120 PARKAVE MIAMI BEACH, FL 33139 ASPEN, CO 81611 NEW YORK, NY 10128 BASS EDWARD P GOODMAN LEONARD C ROESER ELLEN QPRT 201 MAIN ST#2700 222 N LASALLE ST #800 1900 HIGHLAND PARK CIR FORT WORTH, TX 76102 CHICAGOi [L 60601 FORT WORTH, TX 76107 GOODMAN HERBERT I & MARY K WILSON THOMAS H POLGRAVE INVESTMENTS LTD 5710 TECUMSEH CIR 645 E BLITHEDALE AVE 1333 SOUTH MIAMI AVE #100 HOUSTON, TX 770571317 MILL VALLEY, CA 94941 MIAMI, FL 33130 LUTTRELL MARTHA LIV TRUST STALEY ARLENE D QPR TRUST STALEY ARLENE TRUST AGREEMENT 501 S BEVERLY DR 3RD FL 999 N LAKESHORE DR#8B 999 N LAKE SHORE DR BEVERLY HILLS, CA 90212 CHICAGO, IL 606111305 CHICAGO, IL 60611 1444 CRYSTAL LAKE LLC STILLWATER RANCH OPEN SPACE ASSOC BURGESS JOHN K & ELIZABETH 5519 WINSTON CT PO BOX 11597 30 CROSBY ST DALLAS, TX 75220 ASPEN, CO 81612 NEW YORK, NY 10013 GERSON JAMES S PERSONAL TRUST GERSON JOHN A PERSONAL TRUST GERSON JULIE QPRT PO BOX 1209 PO BOX 1209 PO BOX 1209 OLATHE, KS 660511209 OLATHE ~ KS 660511209 OLATHE, KS 66051 GERSON JULIE REV TRUST HJALMARSON ELIZABETH LIV TRUST ASPEN CLUB PO BOX 1209 1448 CRYSTAL LAKE RD 1450 CRYSTAL LAKE RD OLATHE, KS 660511209 ASPEN, CO 81611 ASPEN, CO 81611 BUTERA DUPLEX CONDO 1444 CRYSTAL LAKE RD ASPEN, CO 81611 - Inspckist.rot 44 Inspection Check List KJ Paae: 23 10/10/2017 7:50:31AM CITY OF ASPEN Inspection Line:920-5448 Inspection Schedule for stevef Scheduled for October 10, 2017 Permit# 0256 2017 AELE Type: 500 SPECIAL INSPECTION Time: 12 00 Notes: Please call 30 minutes prior for coordination. PM inspection please Thanks r d (92-) Ga J uÂ·0 1-04 * p 1 E t.30 0 (1 3 1-~0 1,/p /0 u TE-0 7-3)6 3Â·- T./.f.a b*< 44 9-0 ALL Comments: 1 - Accepted 2 - Accepted as Noted ~ 3 - Rejected 4 - Partial/Not Complete Reinspection Fee S - i~/77h g 0 ~ 1 0~13 , - 11 1/ ME r f. W 0 ' H ADDRESS: 1452 CRYSTAL LAKE RD CONTACT & PHONE mark (970) 379-8150 Paqe 23 CONTRACTOR: OWNER: FLECK BARBARA . Tuesday, November 7, 2017 at 11:01:32 AM Mountain Standard Time Subject: 1452 Crystal Lake Road - Ordinance 18 / Section #3 Date: Wednesday, October 11, 2017 at 3:21:28 PM Mountain Daylight Time From: Kenneth Libman To: ASSOCIATES AARON FLECK CC: Ben Genshaft, Mitch Haas, Kim Baillargeon, Heather Gerrish Attachments: TLG-e-sig_ken_1[3][15].png, 1452 CRYSTAL LAKE ROAD PERMIIpdf Aaron, As a follow up, attached is a copy of the Electrical Permit Application 0256-2017-AELE and Final Inspection Dated 10/10/2017. Ken the libman group Page 1 of 1 - ~* City of Aspen Electrical Permit Application (3) *I 30 South Galena Street, Aspen, Colorado 81611 0296.url. AGLE_ 2!12-9'YEADN Phone (970) 920-5090 Fax (970) 920-5440 PERMIT flO. .."Am |459Â· CMVEÂ·rAL LARE Ro , Aspi* , CCD FIC.lt Bu t CO'tâ€¢'1 NanwFNan,/Cell Pt=,2/IÂ·mid AARK 1Â£102 3-19 9190 5 E L/1 at e LA 5, er):Â·.R,6 LEc-T 2. ~ C C 6 Uk. CY'Int, 8,[Â¢4111 Mâ€¢- 140 1â€¢mâ€¢1 84&13*RA Faul. /4.19 C A./frAL ul w a R o [hadalte,drl<lm M. He. (114 arylk.,VIi'D, LAst,162 â‚¬L.EerritÂ¢- 40-2465% LADME2O.6472[c-86.MAAL. Â£09-t 00{MJ;TiO U 01 WOIDÂ¢ W C{TAI L: I rs dantom, Ill,roum, Lodl rila t'y pt n um, / 414 I x:tfoa gl low t. tti tut * RE-dvE. 01,64 t,01(2-6 fR-olÂ»â€¢- PAUEL + 50% .50 10(RE If ASAUÂ»,UeD, SELECTmcp225'ON: SQUARE FOOTAOE: BUILDING PERMIT N: Lhe Oitutid~m:Â· Â¤Conone#clal OMwIDÂ·Funlly ~*5Ingle Fantty fl;0294,1.elrut.Vit[6,;: ~Yes ONo Sm clwalc OAddll;on OAker* ONew C]Tempolary58,!ce Fjother CUMETE 60 f Â£ E WA' ary exte,~1~1.beaddEdÂ¥ O Vcs *No Actimo: 4 Â¥ unulls REVEW. POMANA*tala HFCREWEW.% ..MB/OU#Me Â»10; u v BY: 93 in / 01: 1 OATE . ~M ~ 14 0'71 ,il<7 -nt 6*Itt I.2.,t.. ~OArt ~ 4,7 DAY Fc,#-*whium.*mipâ€žmt#,wrpefUJU:poiulayfor,@capIL.L:~lihth.:lawelkl,CJ;(,~m:dma,ni,,nd,lotlts:L ..1- r,IcU90,04. dry cril=cts. [tâ€¢let-t.,**hrv,t 0*L /:rfraiâ€¢blen tornoutlotior,44â€¢,$161$r-,talâ€¢Oolldam l,â€¢40/*42/, An actmed B.rwl,hxule,I bu;*119' 411,1 60*ktihid pllorka,Astâ€¢: th, *4,1,1211 411,4 ADÂ·lit,6Â¢111$11*up,rtbnihilbir,qu: *dwflh'n 41,1,1 inir mm,Â¢:tu ine?*il,k,l IrÂ·;Â¢,1t,tion. CON~ACTORSIGNATURE: DATE: 91221.17 O.NApp=â€¢1:04â€¢n#21$*65 ipÂ»:Dite flner+,el#ofrnâ€¢ketalÂ»â€¢cr*DIrth, H=I,tdp,cpr,t,M nl,;4,,cl h,rm=t;1141, U, W)Â¢ttkulgÂ¢*:11:â„¢2,1 :uchp*enk, 0,1 thâ€¢ â€¢b... 266:d re.Al .*friy..c.1, ma by:}. â€¢ppl=Intilh,1 thi ipollant 1, r**,4,3 In th# h,n;n,it citenllructl=, c., r,r,<54/Ent; â€¢td iwih WÂ»â€¢fly 1 ret *,ardâ€¢dfu /4 m â€¢csâ€¢k, Tne/[h â€¢ râ€¢fill,th errÂ¥ litup[â€¢d za tâ€¢ bl otcup;ed b,â€¢1*â€¢IMU.Â¥â€¢>pth,7 1,;rilin,wp,fmifure. nor -1111 be~gorâ€žÂ·11Â¥open tc,11â€¢ pubit h h - =!â€¢nâ€¢=11!lumpkam, w,Ji thon Ittwel,â€¢t,jit â€¢ t==Rair; 4,1,; bluw~ gl in ibleut,; Mimll H et, â€¢;0,0,4 pufluurt ta thâ€¢ proi,41,â€¢,3 012 15Â«11:4 12 -21,1 U 1111 â€¢1 i me.,1,1L ir.1 11,22 f.tlk. to ==31 6,â€¢Wth E bc u= u,di fu ki,pulterl 24 4 ch r:,tal w rnih er 1,# u,th-~â€¢ pr ocru, rg 10 #d *Im rÂ¢ i mt Ig th, u:mm of r i ddi na 0-1 541=-1110-redirl: 0,11, PAYMENT OFC,Y OFASPEN AND PITKIN COUMTÂ¥ USETAX B. (1*mr.1 OmIrâ€¢cler - CMâ„¢; th.ids, li rrqd,Cd ta F=p, ci, Ti, 0,pÂ¢,11 10 *h Ory PERMIT FEES 5UMMARY â€¢IA*Â¢r.17.1%3*â€¢drilk)Â¤Ccum alÂ¢lm Lhablukb:pirrk allimi clinvi..Ic.. At 46-p-1, pulÂ¢J,rd,t, bâ€¢kil#*plmÂ¢I â€¢iâ€¢pab, thlid,paellpyumgnd :}=id 4/' P'714. T.1. pERMIT ft Â£ Tr/E AMOUnt t tzÂ»d A;Â©0.1 4,1441 - ree#,#d to pj, UM !*1 04#111 k Enth Of,01 4% [119] ard 4~*rav,rtr(5M,1-,cteâ€¢:mw-â€¢,g.*r.r.thrr.r. rc,c~~.d<â€¢d,i.bdio= PEnMITFIE 195.25 o,fr=R. 3-tand Ai u#e Use Tcâ€¢Payment RED TAGÂ· DOUBLE FEE C! Depoilt: clt, cl Upen; 11%46016 01 prolea vatuallon INtÂ¢5100.~0}â€¢CzeÂ«lil) USE TAX Plthln Coontyl. 5% offilliof proleavallaugn. ' TOTAL DUE Â¤ Ezerrut: t,-pt C.*.rdI,t|,d RE*P'~5~3~~ RECEIPT N 0 44941- TOTAt DATE 1, ]IKE, ihl #â€¢1%11 bâ€¢ contri l i:fl ind t eW It wu rl of g mlrudon â€¢ uth#,12 â€¢d 1 â€¢ r, c i Â¤=r-E,d i llb l,1 110 /41, U r 11 â‚¬94.1,0,Â£14 â€¢u viva l :,ui p .ed.d ..11*.de d,d i.. 1,â€¢19401*50Â¢01:alâ€¢oft-*t:wwo,khmaminced. G:\NEW G DRIVE FOLDERLCITY\MASTER FILES\Bullding\Applkation5, Forms & Checklists PAGE\Permit Application Forms\NEW electrical permit 6-13.x!5x UPDATED 6/20/2013 . I Tuesday, November 7, 2017 at 11:02:41 AM Mountain Standard Time Subject: Re: 1452 Crystal Lake Road - Ordinance 18 / Section #3 Date: Tuesday, October 17, 2017 at 11:45:25 AM Mountain Daylight Time From: ASSOCIATES AARON FLECK To: Kenneth Libman Attachments: TLG-e-sig_ken_1{3][15].png Thank you for sending final electrical inspection. On October 11, 2017 at 3:21 PM Kenneth Libman <klibman@libmangroup.com> wrote: Aaron, As a follow up, attached is a copy of the Electrical Permit Application 0256-2017-AELE and Final Inspection Dated 10/10/2017. Ken the libman group Page 1 of 1 r 4 3 P107 V"11.C MEMORANDUM TO: Mayor Skadron and City Council FROM: Ben Anderson, Planner THROUGH: Jessica Garrow, Community Development Director RE: Callahan Subdivision Lots 12 and 12A - Reviews for Minor Subdivision (Lot Split), Minor Amendment to a Planned Development, Removal of an Accessory Dwelling Unit - 1st Reading of Ordinance No. 18 (Series of 2017) MEETING DATE: June 26. 2017 APPLICANT /OWNER: Barbara and Aaron Fleck REPRESENTATIVE: 11â€¢ 2 I 1\ / 4 Â¥ PFW Mitch Haas, Haas Land Planning Ir.\.4 ;76% 3 971" LOCATION: 1449 and 1452 Crystal Lake Road . .F . *r 0, :' AN~ Lots 12 and 12A of the Callahan 94*Â«f,7-4 7 Subdivision/Planned Development pi *A?!i:*,~**.14 , -- 4 IM .. ' CURRENT ZONING & USE A single family residence and detached guesthouse & b i 49 . 44, Arder/irl that contains an accessory dwelling unit. Lots 12 Ve#di/<lit 'Â·' 7, and 12A have been considered a single lot under J, 7' ''!Je,"2pr-1 4 L.1, t. 3,1 the Callahan Subdivision Agreement and a subsequent Planned Development Amendment. Â£3 1 ..4/r.Â«.3.Imm..t .- The underlying zoning is R-15. PROPOSED LAND USE: 4.- The Applicant is requesting approval for: 1) a U ' *.4 -. 'i ~ Â·. 4 I ' Minor Subdivision/Lot Split, 2) a Minor A. I Amendment to a Planned Development Project ' . 9 , Review. and 3) the removal of an accessory ~34:4. .Â·, ' Â·Â·}* *. dwelling unit, with the purpose of subdividing Lots ~ 4 , ~5 t. w â€¢- ~ ~#PM'~~~I~~,~ :,vs/*12"/Li 12 and 12A into two, separate lots. Figure 1. Lots 12 and 12A of the Callahan Subdivision/Planned Development. Lot 12 is STAFF RECOMMENDATION: the location of 1449 Crystal Lake Rd., a single Staff recommends that the City Council approve family residence. Lot 12A is the location of the ordinance on first reading. 1452 Crystal Lake Rd., a guesthouse and an accessory dwelling unit. P108 VI11.C LAND USE REQUESTS AND REVIEW PROCEDURES: The applicant has requested the following land use approvals from the City Council: â€¢ Minor Subdivision - Lot Split for the purpose of creating one additional development parcel pursuant to Land Use Code Chapter 26.480 (City Council is the final review authority and decision shall be by ordinance). â€¢ Minor Amendment to a Planned Development - Project Review for the development of a site specific development plan pursuant to Land Use Code Chapter 26.445 (City Council is the final review authority). â€¢ Amendment of an ADU Development Order - Removing an ADU for the physical removal and mitigation of a voluntary accessory dwelling unit, pursuant to Land Use Code Section 26.520.090(4). (This review is typically administrative, but due to the nature of the Application, City Council is the final review authority in this combined review). BACKGROUND: Lots 12 and 12A were established in 1976 with the creation of the Callahan Subdivision and Planned (Unit) Development. Fredric and Fabienne Benedict and Robert Goldsamt were the subdividers of the property and the Benedicts retained ownership of Lots 11, 12 and 12A. Eventually the Benedicts built a guesthouse on Lot 12A, and their family house on an adjacent property outside o f the Callahan Subdivision. Lot 12 was left undeveloped. The current owners of 12 and 12A are Barbara and Aaron Fleck. They purchased the property in the late 1 990's and developed Lot 12 with a new single family residence that was completed in 2003 (Building Permit Issued 9/2000). The Flecks retained the guesthouse on 12A, and in Resolution No. 48. Series of 2001 (Exhibit F). Planning and Zoning Commission approved the establishment of an Accessory Dwelling Unit to correct an unauthorized bandit unit and to provide the affordable housing mitigation for the new house on Lot 12. While Lots 12 and 12A are drawn and labeled on the subdivision Plat (Exhibit C) as distinct lots, Section 1, Paragraph G of the Subdivision and Planned Unit Development Agreement from May of 1976 (Exhibit D) includes this language: "Lots 12 and 12-A are collectively designated as a single-family lot. Lot 12-A is the guesthouse for Lot 12." When ownership of the property was shifting from the Benedicts to the Flecks in the late 1990s, Community Development staff was asked to determine the nature of the two lots in regards to this language. Staff was consistent in determining that Lots 12 and 12A were a single lot. The lot was sold to the Fleck' s as a single lot. In September of 2000, Community Development administratively approved an Insubstantial Amendment to a Planned Development (Exhibit E) that provided clarity to the status of the lots. Among several specific amendments approved was the following: "Lots 12 and 12A must always be sold together as one lot and can never be sold separately." Page 2 of 6 P109 Vill.C Additionally, the Insubstantial PD Amendment established allowed Floor Area for the combined parcel. The existing guesthouse on 12A was measured and confirmed at 2,550 square feet and the balance allowed on the parcel (under the 2000 Code) was allocated to the new home that would be built on Lot 12 (6.731 square feet). The development on Lot 12 and 12A remains the same today as it was with the completion of the Fleck's residence on Lot 12 in 2003. PROJECT SUMMARY: The Applicant is seeking a lot split of the 12 and 12A lot. The proposed lots would be identical to Lots 12 and 12A as identified and delineated in the 1976 Plat for the Callahan Subdivision. Under the proposal, the two new lots would be subject to the dimensional requirements of the R- 15 Zone District. In the case of Lot 12, no additional development beyond the existing Floor Area would be allowed as the house is legally non-conforming due to Code changes to floor area calculations since the house was built. Under the proposed R-15 zoning, Lot 12A would allow more than 2,200 square feet of additional development beyond what is existing and currently approved for the guesthouse. Table 1: Lot(s)/Structures Dimensions Gross Lot Area Net Lot Area Existing Floor Area Allowed Floor Area - Allowed Floor (based on 2017 Code) per PD Amendment Area per (2002) R-15 zone Lot 12 63,703 55,8591 6,9893 6,7313 6,716 Lotl2A 28,616 19,2701 2,550 2,550 4,752 Combined 92,319 75,1291 9,539 9,2812 9,2732 Lots (current (two detached condition) dwellings) , Potential additional Â» 43 1 - M Â·Â· 4 -S ... ad development per 2,202 72. -1 31 1 J .7 '* 9..... R-15 underlying on the 54. â€¢2-6-6 :i -1 1: 12A parcel 9/ 'M- 42 zoning Notes: 1) Net Lot Area reductions are primarily due to slope 2) The differences between allowed floor area under the PD amendment and the current R-15 are a result of slightly different survey results in deduction of sloped areas froni Net Lot Area. 3) The difference between existing and allowed Floor Area for Lot 12 is a result of Code changes in the calculation of Floor Area. 4) All numbers are expressed as square feet. In order to facilitate the proposed Lot Split, two other reviews are necessary. First, because of the language in the original Planned Development (Exhibit D) and the subsequent Amendment (Exhibit E), a Minor Amendment to the PD is necessary to describe Lots 12 and 12A as distinct lots and to give specific approval to the proposal to use R-15 dimensions in establishing allowable Floor Area. Second, the ADU that was approved to mitigate for the new construction on Lot 12 is currently located on Lot 12A. Based on discussion with staff, the Applicant has requested to include a Review for the removal of the ADU (per the process outlined by Code) as the mechanism to remedy this situation. Page 3 of 6 P110 VI11.C In the end, if these reviews are approved for the proposal in the application, Lots 12 and 12A would be distinct lots, subject to R-15 dimensional requirements, and would be allowed in the future to be conveyed separately. Lot 12A would see the greatest potential change with 2,202 of additional allowed Floor Area if the property were redeveloped. LAND USE REVIEWS - STAFF DISCUSSION: Minor Subdivision - Lot Split (26.480) All proposed subdivisions must comply with the General subdivision review standards as described in 26.480.40: A. Guaranteed Access to a Public Way B. Alignment with Original Townsite Plat C. Zoning Conformance D. Existing Structures, Uses, and Non-Conformities Staff finds that the proposed lots meet these criteria. Both have access to Crystal Lake Road. The lots align to the Plat for the Callahan Subdivision. The divided lots are conforming to the underlying R-15 Zone District and the PD. One issue that did raise discussion was the Floor Area of the home on Lot 12. As Table 1 on the previous page illustrates, the calculated Floor Area is approximately 258 square feet larger under current calculations than was approved by an earlier PD Amendment (and the building permit). Staff has determined that the difference results from changes to the Floor Area calculation method since the home was approved. This legal non-conformity is not increased by the proposed Lot Split. Staff does not take lightly the language in the Subdivision Agreement from 1976 and the Planned Development Amendment from 2000 identifying 12 and 12A as a single lot. It is unclear exactly the motivation that caused the inclusion of this language when the subdivision was created in 1976. Additionally the term "guesthouse" which was given importance in establishing the connection between the lots, did not and does not exist as a definition in the Aspen Land Use Code. None the less, the language was included and then affirmed by the future PD Amendment. Beyond meeting the above standards, staff finds good reason to recommend the proposed Lot Split. Most importantly, the lots were originally drawn and labeled as distinct lots. Today, unless an observer were looking at the property on the Aspen GIS viewer, or reading the Subdivision Agreement, there is no cue to suggest that this is a single lot with a main home and a guest home. There is no visual connection between the structures. They are separated from each other by Crystal Lake Road and a significant linear distance. In short. these two homes appear as if they are located on separate lots without relationship to each other. Minor Amendment to a Planned Development (PD) - Project Review (26.445.110) If City Council is supportive of a Lot Split, a Minor Amendment to Planned Development - Project Review is required to confirm a change to the status of the lots from what was originally described in the Subdivision/PD Agreement from 1976 and the PD Amendment from 2000. Most importantly. this would remove language identifying Lots 12 and 12A as a single lot. Another significant issue to be addressed in this specific review, is the Applicant's request to have the subdivided lots' allowed Floor Area to be determined by the underlying R-15 Zone Page 4 of 6 Plll VII!.C District, rather than the specific numbers defined in the 2000 PD Amendment. As discussed previously in the Project Summary, if this were approved, the development on Lot 12 could not get any larger as it is already legally non-conforming in regards to Floor Area. However, future redevelopment on the subdivided Lot 12A could add approximately 2,200 square feet of additional Floor Area from what was established by the 2000 PD Amendment. This property is part o f a Planned Development, and additionally subj ect to the subsequent PD Amendment. While staff is supportive of the proposed Lot Split, staff is recommending that the Minor PD Amendment resulting from this review limit the allowed Floor Area for the subdivided Lots 12 and 12A to what was previously included in the 2000 PD Amendment. This would allow Floor Area for Lot 12 of 6,731 square feet and for Lot 12A of 2,550 square feet. Staff finds that this outcome would retain the intensity and scale of development that has been historically established on the property. The complete language for the proposed Minor PD Amendment can be found in Section 2 of the Draft Ordinance. Amendment of an ADU or Carriage House Development Order (26.520.090) Because the Accessory Dwelling Unit within the "guesthouse" on Lot 12A was used to provide affordable housing mitigation for the construction of the existing house on Lot 12, a lot split would complicate the situation related to the ADU. The unit was approved as a "voluntary" unit - meaning that if it was to be rented, the tenant was required to be APCHA qualified. The ADU was approved in lieu of the housing mitigation fee calculated with the building permit for the house on Lot 12. Section 26.520.090.C provides a process for property owners with previously established voluntary ADU's (that were created to provide AH mitigation) to remove the ADU. The approval of this process is typically handled administratively and requires three actions: 1) The applicant provides affordable housing mitigation for .38 FTE, at a Category 2 rate. The mitigation can be provided with an AH credit or by payment of a fee in lieu 2) The applicant completes physical changes to remove the ADU - typically, this is the removal of kitchen features and the creation of an interior connection to the primary unit. 3) A release of deed restriction that is acceptable to the City Attorney and filed with the Pitkin County Recorder. While staff can find no evidence that the ADU on this property was ever deed restricted, it was approved by the Planning and Zoning Commission and the physical changes were completed as specified by the approval. Staff finds that the removal of the ADU is the clearest path in resolving the housing mitigation issue, if the Lot Split is approved. Completion of the removal of the ADU would be a condition of the recording of a Plat that finalizes the Lot Split process. Please see Exhibit B, Review Criteria and Staff Findings for a more detailed analysis of the land use reviews. Page 5 of 6 Pll2 VI11.C LETTERS FROM THIRD PARTIES: Community Development has received two letters from third parties: First, Lots 12 and 12A are members of the Stillwater Ranch Open Space association HOA. The letter from the HOA offers general support for the proposed subdivision. However, if the subdivision is approved, Only Lot 12 would remain part of the Stillwater Ranch Open Space Association HOA. This letter is included as Exhibit H. Secondly, The Gerson Family who own the adjacent property to the east (located in Pitkin County) submitted a letter through a representative. In summary, the Gerson's can support the proposed Lot Split if subject to three conditions: 1) All new or replacement development on Lots 12 and 12A must remain within the building envelopes established in the Final Plat for Callahan Subdivision, as the envelopes were acknowledged by the City and the owners in the late 1990s. 2) There is no change to the floor area permitted to either lot. 3) The Open Space Parcel associated with Lot 12A must be preserved as open space and not used for any other purpose. This letter and attached materials are included as Exhibit I. REFERRAL AGENCY COMMENTS: The Community Development Department received referral comments from the City of Aspen Engineering Department. There were no concerns expressed regarding the potential Lot Split. RECOMMENDATION: Staff recommends that the ordinance be approved upon first reading and a public hearing date be scheduled for August 14 2017. PROPOSED MOTION: i move to approve the Review for a Removal of an Accessory Dwelling Unit. Minor Amendment to a Planned Development Project Review, and Minor Subdivision - Lot Split Review; for Lots 12 and 12A in the Callahan Subdivision/Planned Development on first reading and set the public hearing date of August 14.2017." CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A - Complete Application Exhibit B - Review Criteria and Staff Findings Exhibit C - Plat, Callahan Subdivision Exhibit D - Subdivision/PD Agreement. Callahan Subdivision Exhibit E - Insubstantial PD Amendment, 2000 Exhibit F - ADU Approval, Resolution 48, Series of 2001 Exhibit G - Proposed Lot Configuration Exhibit H - Letter from Stillwater Ranch HOA Exhibit I - Letter from The Gerson Family, adjacent property owners Page 6 of 6 P113 Vill.C ORDINANCE NO. 18 (SERIES OF 2017) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING REVIEWS FOR A MINOR SUBDIVISION - LOT SPLIT, A MINOR AMENDMENT TO A PLANNED DEVELOPMENT-PROJECT REVIEW AND THE REMOVAL OF AN ACCESSORY DWELLING UNIT FOR 1449 AND 1452 CRYSTAL LAKE ROAD, LEGALLY DESCRIBED LOT 12 AND LOT 12A, CALLAHAN SUBDIVISION, ACCORDING TO THE PLAT RECORDED MAY 19, 1976 IN PLAT BOOK 5 AT PAGE 7, AND AMENDED FINAL PLAT AND DEVELOPMENT PLAN RECORDED AUGUST 17, 1977 IN PLAT BOOK 6 AT PAGE 16, AND PARCEL B, THAT CERTAIN PARCEL PLATTED AND DESCRIBED AS "OPEN SPACE FOR LOT 12A" ON THE FINAL PLAT OF CALLAHAN SUBDIVISION, RECORDED MAY 19, 1976 IN PLAT BOOK 5 AT PAGE 7, COUNTY OF PITKIN, STATE OF COLORADO. Parcel ID: 2737-181-32-012 WHEREAS, the Community Development Department received an application from Barbara and Aaron Fleck, 1449 Crystal Lake Rd., Aspen, CO 81611, represented by Mitch Haas of Haas Land Planning, LLC, for the following land use review approvals: â€¢ Minor Subdivision - Lot Split (26.480.060) â€¢ Minor Amendment to a Planned Development - Project Review (26.445) â€¢ Removal of an Accessory Dwelling Unit (26.520.090.C); and, WHEREAS, the application proposes: â€¢ A subdivision/lot split of Lot 12 and 12A of the Callahan Subdivision â€¢ A Planned Development Amendment to allow a change to language in both the Callahan Subdivision/Planned Development Agreement and a subsequent Insubstantial Amendment to a Planned Development â€¢ The removal of a voluntary Accessory Dwelling Unit on Lot 12A; and, WHEREAS, the Applicant proposes that the subdivided lots, if approved, become subject to the dimensional requirements of the underlying R-15 Zone District, including allowable floor area; and, WHEREAS, The Community Development Director has reviewed the land use application and has provided recommendation to City Council to approve 1) the proposed Lot Split, 2) the removal of an Accessory Dwelling t,init, and 3) an Amendment to a Planned Development, but that the allowable Floor Area for the proposed lots be limited to that already proscribed by an Insubstantial Amendment to a Planned Development approved in 2000; and, WHEREAS, pursuant to Section 26.480, the City Council may approve a Minor Subdivision - Lot Split during a duly noticed public hearing after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, City Council Ordinance No. 18, Series 2017 Page 1 of 6 Pll4 VI11.C WHEREAS, pursuant to Section 26.445, the City Council may approve a Minor Amendment to a Planned Development - Project Review, during a duly noticed public hearing after considering, comments from the general public, a recommendation from the Community Development Director. and recommendations from relevant referral agencies; and, WHEREAS, pursuant to Section 26.520, the City Council may approve Removal of an Accessory Dwelling Unit as part of a combined review, during a duly noticed public hearing after considering comments from the general public, a recommendation from the Community Development Director, and recommendations from relevant referral agencies; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, during a duly noticed public hearing on August 14, 2017, the City Council approved Ordinance No. 18, Series of 2017, by a to (_ -_3 vote, approving Minor Subdivision, A Minor Amendment to a Planned Development, and the Removal of an Accessory Dwelling Unit; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion ofpublic health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN AS FOLLOWS: Section 1: Minor Subdivision Lot Split This Ordinance approves the Minor Subdivision - Lot Split for Lots 12 and 12A of the Callahan Subdivision. The boundaries of the separate lots are depicted in the Monumented Land Improvement Survey included as Exhibit A. An Amended Plat that depicts the new lot boundaries and identifies Lots 12 and 12A as distinct lots shall be submitted for review by The City of Aspen's Community Development and Engineering Departments within 180 days of the approval of this Ordinance and shall be recorded with the Pitkin County Recorder. The Amended Plat shall conform to the criteria established by the Engineering Design Standards. Section 2: Minor Amendment to a Planned Development - Proiect Review The following language is to amend the Callahan Subdivision Agreement, Section 1, Paragraph G and the conditions found in a subsequent Insubstantial Amendment to a Planned Development, approved September 1,2000 (Reception #447163): 1. As a result of the Lot Split approved in Section 1 of this Ordinance, Lots 12 and 12A of the Callahan Subdivision are considered as two separate lots, and may be redeveloped, and/or conveyed as separate lots. City Council Ordinance No. 18, Series 2017 Page 2 of 6 Pll5 VI11.C 2. Development on Lot 12 shall contain no more than 6,731 square feet of Floor Area and development on lot 12A shall contain no more the 2,550 square feet of Floor Area. 3. Future redevelopment of either Lot 12 or Lot 12A shall be constrained to the areas labeled "limit of proposed building site" identified on the Plat for the Callahan Subdivision. recorded in Plat Book 6, Page 16, and confirmed for Lot 12 in an Amendment to Stream Margin Review approved May 26, 1999 (Reception # 441526). 4) The portion of Lot 12A that is labeled on the Plat as "Open Space for Lot 12A" shall remain as open space and no further development shall be allowed in this area. Section 3: Removal of an Accessory Dwelling Unit The approval of the Removal of the Accessory Dwelling Unit requires both the extinguishment of a.38 FTE, Category 2. Affordable Housing Credit or equivalent fee-in-lieu, and a Certificate of Occupancy for the physical changes required to remove the ADU, prior to the review and recordation of the Amended Plat depicting the Lot Split. Section 4: Severabilitv If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: Existing Litigation This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 6: Representations Preserved All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 7: Public Hearing A public hearing on this ordinance shall be held on the 14th day of August, 2017, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. City Council Ordinance No. 18, Series 2017 Page 3 of 6 Pll6 Vill.C INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council th of the City of Aspen on the 26 day of June. 2017. Attest: Linda Manning, City Clerk Steven Skadron, Mayor FINALLY, adopted, passed and approved this day of ,2017. Attest: Linda Manning, City Clerk Steven Skadron, Mayor Approved as to form: James R. True, City Attorney Attachments: Exhibit A - Monumented Land Improvement Survey City Council Ordinance No. 18, Series 2017 Page 4 of 6 / Regular Meeting Aspen Citv Council August 14.2017 SCHEDULED PUBLIC APPEARANCES 7 CITIZEN COMMENTS 7 COUNCILMEMBERS COMMENTS 7 BOARDREPORTS 7 CONSENTCALENDAR 3 Lf Resolution #109, Series of 2017 - Street Sweeper Purrhage 4 E Resolution #103, Series of 2017 - Bear Proof Trash Can Replacement Contract 4 C Resolution #107, Series of 2017 -Contract for Transportation Consulting services for Mobility Lab4 C Resolution #108, Series of2017 - Project Management Assistance for Mobility Lab ........................4 C Resolution #112, Series of2017 - Civic Space Relocation Project - Shaw Construction and Charles Cunniffe Architects Change Orderâ‚¬ 4 EC Resolution #106, Series of 2017 - New TIBA revenue control equipment at the Rio Grande Parking Garage 4 r Resolution#111, Series of 2017 -Calling forand Establishing a Special Municipal Election on November 8,2017 4 0 Minutes -July 24,2017. ..4 ORDINANCE #21, SERIES OF 2017 ..4 ORDINANCE #22, SERIES OF 2017 - Reed-Compliant Sign Code Update .. 5 ORDINANCE #18, SERIES OF 2017 - Callahan Subdivision Lots 12 and 12A, Minor Subdivision, Lot Split; Minor Amendment to a Planned Development; and Removal of an Accessory Dwelling Unit......... 7 1 Regular Meeting Aspen Citv Council August 14,2017 At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Frisch, Myrin, Hauenstein and Mullins present. SCHEDULED PUBLIC APPEARANCES Mayor Skadron swore in police officers Marcin Debski and Ryan Turner. CITIZEN COMMENTS 1. Bill Tomcich said it has been a busy summer but not quite as busy as last summer. August is down four percent in Aspen and 11 in Snowmass Village. One thing driving fall business is there are more commercial flights lined up. There is a press release ready to go out this week stating we will see more flights this winter. There will be 10 markets with non-stops flights this winter. We will see air competition this off season resulting is cheaper flights. 2. Lee Mulcahy introduced his mom Sandy. She just got back from Kenya doing another water well. She showed a one minute video on the water well effort. Sandy said she has been six times to Kenya over the last eight years. She went to Africa in 2010 with her husband. They decided to go back and do a water well. She asked council to consider Bomet for a sister city. 3. Toni Kronberg asked for clarification on the financing of the city hall work session. Mayor Skadron said it will be clarified at the work session. COUNCILMEMBERS COMMENTS Councilman Frisch gave a congrats and hats off to Rotary for the Ducky Derby. Hats off to parks and events for a great back country marathon and all the participants who ran. Councilman Hauenstein said he got out of town at Chatman reservoir this weekend. It is equally nice to be back in town. He also saw hairspray last week. What a beautiful setting at John Denver. If you haven't been down there you should. Councilman Myrin said this is the first Council meeting since the top 10 meetings. One of the things I wanted was a carrying capacity conversation. What the balance should be. That did not make what in the end became a top 9 list. He asked Council to consider adding a 1 0th item for a quality of life balance item. On Columbus Day, he mentioned this a year ago. Is there any support to renaming it locally like other cities have. Mayor Skadron said to Indigenous Peoples Day. Councilman Myrin replied yes. Mayor Skadron suggested he work on draft language to take to staff. Councilwoman Mullins said between Rotary and parks Ducky Derby was a great event. Bert and I were judges so we got to watch the ducks come in and declare a winner. Summer is going really quickly and this is the last week of the music festival. Take advantage of it. Thanks to the Institute. In the last few years they have reached out to the city with more events. Mayor Skadron spoke about the Grand Avenue bridge. Today is the first official closing. Day one, too many people are driving alone in their cars. 90 minutes to get from New Castle to the Glenwood exit. Ski Co has released their pass prices. BOARD REPORTS Councilwoman Mullins attended the RFTA meeting. They spoke about E bikes on the Rio Grande trail. The State passed a new law on the gth allowing E bikes on the trail. They will allow E bikes on the trail for the next 95 days during the bridge closure. The County has restricted E bikes on the trail until May of 2018. For now, they are allowed from Glenwood until about Emma. 2 Regular Meeting Aspen Citv Council August 14,2017 CONSENT CALENDAR Reso #103 - bear can replacement Councilwoman Mullins asked for an update on the status ofthe program. Matt Kuhn, parks, replied there is money in the budget for next year but not in the out years. We have done 97 cans to date. The fleet is well over 100. There are still old cans in places in the trail system around Marolt. We are also investigating ways to refurbish them. This is the third year of the program. We anticipate another year to year and half for full replacement. Mayor Skadron asked how do you prioritize what cans to replace. Mr. Kuhn said we started with the downtown core. Mayor Skadron asked how many different styles are there. Mr. Kuhn replied two. Reso #107 - mobility lab consulting services Councilwoman Mullins asked for a summary. Ashley Perl. environmental health, said there are two contracts. Resolution 107 currently Fehr & Peers is running the mobility plan, formerly known as the short range transit plan. This will add looking at the new mobility aspects. We are already getting a lot. They will connect us with Uber, Lyft and other folks like that to see what it would look like to participate in the mobility lab. The new contract, 108, will bring on Candice Olson as the project manager for the mobility lab. Candice can only give 25 hours a week so Julie Engels will be doing some of the back end of the work. Councilman Myrin said the big picture on 107 is spending 25,000 dollars to find 2 million. Ms. Perl said yes and the in-kind services as well as a better insight to our community. Councilman Myrin asked if we are including the locals. Ms. Perl said they have already done that. Councilman Hauenstein asked about focus on the intercept lot to town. Ms. Perl said we are focusing on the intercept lot, school and town equally. Reso #112 - Civic Space relocation project change order Scott Miller. public works director, said when this went through HPC approval for redevelopment we had to move the three historic structures. Staff estimated an allowance of $150,000. We had no idea the actual condition of the homes and what kind of foundation would be needed. Now the need is $250,000. Saul Abrahams, project manager, said we worked with the HPC monitor, historical society and parks to make sure it would be good for the community. Councilwoman Mullins asked are they still in the sites originally proposed. Mr. Abrahams replied roughly. Councilwoman Mullins asked what is the schedule. Mr. Abrahams said they would like to get started as soon as possible. The permitting is almost done and it should be complete before the onset of winter. Councilman Myrin said the request is for 188,000 and the increase is 243,000. Mr. Abrahams replied that is the construction and design costs. Reso #106 - parking garage equipment Mitch Osur, Parking, told Council they originally scheduled to replace the equipment in 2017 and last year moved it to 2018. We are the last US garage using this equipment. On June 15th. the company downloaded new software. Since that date credit cards have not worked at the garage. This equipment will allow us to do things our current equipment cannot. Mayor Skadron asked if it will allow us to do creative things around the mobility program. Mr. Osur replied absolutely. Councilman Myrin asked how much longer is it free to park in the garage. Mr. Osur said last week we started collecting money on the way in charging a $5 flat fee. Councilman Myrin asked when will the new one be implemented. Mr. Osur said there is a 30 day lead time. Councilman Myrin asked is there something with the new vendor if they download an incompatible update. Mr. Osur said he will check into it. Reso #111 -election Councilman Myrin asked is the election just for the tobacco issue. Linda Manning, city clerk, replied it is for the tobacco sales tax and any other question Council would like. 3 Regular Meeting Aspen City Council August 14,2017 â€¢ Resolution #109, Series of 2017 - Street Sweeper Purchase â€¢ Resolution #103, Series of 2017 - Bear ProofTrash Can Replacement Contract â€¢ Resolution #107, Series of 2017 - Contract for Transportation Consulting services for Mobility Lab â€¢ Resolution #108, Series of 2017 - Project Management Assistance for Mobility Lab â€¢ Resolution #112, Series of 2017 - Civic Space Relocation Project - Shaw Construction and Charles Cunniffe Architects Change Orders â€¢ Resolution #106, Series of 2017 - New TIBA revenue control equipment at the Rio Grande Parking Garage â€¢ Resolution #111, Series of 2017 - Calling for and Establishing a Special Municipal Election on November 8,2017 â€¢ Minutes -July 24,2017 Councilwoman Mullins moved to adopt the Consent Calendar; seconded by Councilman Hauenstein. All in favor, motion carried. ORDINANCE #21, SERIES OF 2017 - 500 W. Hopkins Ave. (Boomerang Lodge) - PD Amendment Jennifer Phelan, community development, stated this is a growth management review and PD amendment for the Boomerang Lodge. The project is located at 500 West Hopkins Avenue and is represented by BendonAdams. It is also under contract for purchase. This property has a long history with the City. In 2006 it was approved for redevelopment. It is zoned Mixed Use with 47 lodge keys, 29 lodge units, 5 free market and 2 affordable housing units. The original wing has been designated as historic. Since 2006 a series of things occurred. There have been a number of building permits, a recession, an alternative land use applications and a lawsuit. Today, a building permit is under review to construct the 2006 approval. The purchaser would like some changes. The proposed changes are expected to work within the existing allowances. There are two categories; programming changes and material changes. The primary programming changes include circulation and decreasing lodge units while keeping the number of keys. This will create a different type ofprogramming. Starting to get a more suite like programming. Architectural changes are to the roof and fenestration. It will be reviewed under the 2017 land use code. Staff is recommending aspects need to meet today's standards in terms oftrash and head in parking versus parallel along the street. We are also asking for changes in maximum unit size of 1,500 square foot per unit. Second reading is scheduled for September 11 th. Chris Bendon introduced the buyer. Marshall Tycher said he and Eric Witmondt are the buyers. Mr. Tycher said he has a long history in Aspen and hospitality. They would like to make modest improvements to make the units functional and usable. They are trying to stay within the same footprint and approval. Councilman Myrin said on page 172 there are two big requests; minor amendment and growth management. First is less units with the same number of lock offs. Ms. Phelan replied correct. Councilman Myrin said the second one is a reduction in lodge units. Ms. Phelan said any changes in unit counts we must look at growth management. Councilman Myrin said the butterfly roof is a concern. He also has question about the 10 year vesting. Is it a code requirement. Ms. Phelan said it is. Councilman Myrin asked if the parking quantity change could be met within the underground garage. Ms. Phelan said what is underground will meet the requirement. Councilman Myrin said he shares staff concern with removing the common space as a lodge amenity. Councilwoman Mullins asked if HPC reviewed this. Ms. Phelan said no, it depends what exterior changes are being made. If changes are made to the resource it is after the Council review. Either HPC or P&Z will review this. The materials will be reviewed by a different body. Councilwoman Mullins 4 Regular Meeting Aspen City Council August 14,2017 said she thinks the architecture needs to be reviewed. It is somewhat overbearing to the historic resource. She would like to see more discussion about that. She would like more discussion about depressing the ground floor. She would like more discussion about using cedar. She supports the 1,500 square foot maximum. Councilman Hauenstein asked have they extended the vesting. Ms. Phelan said it was approved in 2006. The recession hit and there were requests for extension of vesting for multiple projects in town. An extension was granted. During the court process the vesting was extended again. Councilman Hauenstein asked for more information on the employee mitigation and the loss ofthe one parking space. Councilman Frisch asked for more explanation in the pillow counts. He said it isn't really changing much. The proposed layout works better than building much of the same units. The cap size is a worthy discussion. As long as it feels like it is a lodge and it is going to be a lodge is easier to focus on than a lodge in name only. He appreciates they are trying to take advantage of some of the smalllodge incentives. It is a great project to utilize them. Mayor Skadron said he is interested in the relationship between programming and market expectation. It addresses the increased room size you are asking for. I would require a deed restriction to prevent conversion to condos but we can't do that. He would like to discuss at the public hearing conditions of approval that speak to conversion in the future as well as expectations of transportation and parking. He asked about the escrow agreement of $250,000. Is that for the city's protection. Mr. Bendon replied yes. Mayor Skadron asked for discussion on the benefits of the smalllodge preservation program and more discussion on the contract purchaser agreement. At what point are you committed and moving forward. Councilman Frisch moved to read Ordinance #21, Series of 2017; seconded by Councilwoman Mullins. All in favor, motion carried. ORDINANCE NO. 21 (SERIES OF 2017) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO A PLANNED DEVELOPMENT AND AN INSUBSTANTIAL AMENDMENT TO A GROWTH MANAGEMENT DEVELOPMENT ORDER, WITH CONDITIONS, FOR CHANGES TO A MIXED USE PROJECT CONTAINING LODGE, FREE-MARKET RESIDENTIAL UNITS AND AFFORDABLE HOUSING RESIDENTIAL UNITS ON THE PROPERTY LEGALLY DESCRIBED AS LOTS K, L, M, N, O, P, Q, R, AND S, BLOCK 31, ASPEN TOWNSITE AND COMMONLY KNOWN AS 500 W. HOPKINS AVE, CITY OF ASPEN, PITKIN COUNTY, COLORADO Councilman Frisch moved to adopt Ordinance #21, Series of 2017 on first reading; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Frisch, yes; Mullins, yes; Hauenstein, yes; Myrin, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #22. SERIES OF 2017 - Reed-Compliant Sign Code Update Jessica Garrow, community development, stated this update is mandated by the Supreme Court to make us Reed Compliant. There are two significant issues that staff needs more direction on including construction and sandwich board signs. Philip Supino, community development, said we are in month five of the Reed Compliant process. Second reading is scheduled for August 28. The goals are to comply with the court requirements, balance of community esthetics, maintain public health, commercial and non commercial opportunities, limit proliferation of excessive signage and meet informational, advertising, wayfinding and speech needs. Yard signs - The proposal contains one temporary sign, one holiday time, one real-estate and up to three election signs. Television displays - 180 square inches or larger must meet 15 foot set back requirement. 5 Regular Meeting Aspen Citv Council August 14,2017 Added lighting standards for back lit signs. Window wraps and displays - allow up to 50 percent coverage. 25 percent may be text and logos. Full covered wraps are no longer permitted. No change to overall sign allotments. Banners would be made City property prior to being displayed. Construction site signs would be a uniform sign including City permitting info, contact info, project partners and visuals. Up to six safety, state and federally compliant signs would also be permitted. Construction site screening is not in the current draft. Example o f the hotel Jerome. Staff asked for more direction from Council. What is art and what is signage. We can eliminate text and logos. Councilman Myrin said he likes what the Jerome has done. We can't regulate the content. What is the downside if it is a content we don't like. They are not up for a long time. If it was going to be there forever I would be concerned. I guess it is a risk I'm willing to take acknowledging we may get art we don't like. Jim True, city attorney, said there are cases that suggest you can't make the distinction between art and signage. Councilwoman Mullins said it is a risk to allow these to go up. We stick with the construction signs and leave it to that. She supports not to allow art work on the screening. Councilman Frisch said on one hand he is a supporter of the visual arts but it is a can of worms of epic proportions while it would be fun to do. We could take the aspen tree and this is what you get. A standardization is best. What is shown should be low heart burn to many and away from the brown paper bag. As much as I love to see variety and creativity I can see people making their art right now and it will not be pretty. I think we take a pretty picture and put it up there. Mr. True said I think you can clearly do that. Standardizing something like you are suggesting, I think we can handle and would be allowed. Councilman Hauenstein said he is tending more towards Adam. Would it be possible to have a few approved options if you want to display art. Mr. True said there is nothing wrong with having options. My initial reaction is there is nothing wrong with it. Legally I think we are covered. Mayor Skadron said he can live with the options. Sandwich boards Tied to second tier space and specific zone districts. One per tenant in the CC, Cl,NC and MU. Staff mapped the locations of approved permits currently. If allowed for all businesses it could be almost 1,200 signs. In CC and C1 807 possible business could have one. In NC and SCI it could be 99. Second tier spaces on the malls are 54. Currently there is a 20 percent participation rate for businesses that can have a sandwich board. Staff feels there are different types of businesses in second tier spaces that may take advantage than those in prime spaces. Councilwoman Mullins said we have no control on the content. Mr. Supino replied that is correct. Councilwoman Mullins said during election season they could all become political signs. Mr. Supino said that is also correct. Ms. Garrow said we did a good deal of outreach on this. The business community wants everyone to be treated the same. Either everyone gets it or no one gets it. Councilman Frisch said having 800 or 1,200 is not beneficial. We are trying to figure out how not to ban them. I think the business owners are short sighted in wanting everyone treated the same. If we do need to do something the second tier space is of interest to me. Mr. Supino said on the malls it is 54 second tier spaces. We don't have a good count everywhere else. If the participation rate were to stay the same it would be 11. If it were to double that would feel like a lot more signs. Councilman Frisch said we do need to be concerned about people thinking they could make revenue from renting their sign. Councilman Myrin asked can we do one per building or 30 feet of street frontage. That would maintain the feel of the quantity. The content would be up to the tenants of the building. Mr. True said we have 6 Regular Meeting Aspen Citv Council August 14.2017 thought about one sign per building. I suppose you could fashion something around frontage along the right of way. Councilwoman Mullins asked ifcurrently can we control the content. Ms. Garrow said it is tied to the business. Councilwoman Mullins said I thought there was no way we could restrict it the way Bert and Adam are suggesting. Mr. True said there is a little distinction between what they are suggesting and saying there are 30 signs here's who gets them. Councilwoman Mullins said that is better than 800 signs. The bigger concern is we can't control the content. Mayor Skadron said he would experiment with none for now. It creates a level playing field and slowly roll out a new program. Councilwoman Mullins agrees. Councilman Hauenstein asked i f it is possible to limit the total number. He likes the second tier as a way to level the playing field and help find the business. Is there a way to limit the number of permits. Councilman Frisch said if we are not under the gun and the wheels of government turn slowly. I'm happy to focus on other stuff. Why don't we focus on other stuff and let this brew a little. There are a lot of other things we have to work on. Mr. Supino said we can attempt to draft a few things for second reading to have a more informed discussion. Councilman Hauenstein said there are a lot of different sized signs out there can we uniform the size. Mr. Supino said there is a maximum size. Councilman Myrin asked ifwe could do it with a duration. Ms. Garrow replied it is a possibility. Councilwoman Mullins said for the construction wraps would it require a graphic and what is the additional cost to the contractor. Councilman Frisch said his preference is two or three choices if one is the brown my choice is no. Ms. Garrow said at a minimum we would need to phase in the art. Councilwoman Mullins said she would support brown as an option. Councilman Frisch moved to read Ordinance #22, Series of 2017; seconded by Councilman Myrin. All in favor, motion carried. ORDINANCE NO. 22 (SERIES OF 2017) AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING CODE AMENDMENTS TO LAND USE CODE CHAPTER 26.510 - SIGNS AND PART 26.100.104 - DEFINITIONS. Councilwoman Mullins moved to adopt Ordinance #22, Series of2017 on first reading; seconded by Councilman Frisch. Roll call vote. Councilmembers Hauenstein, yes; Myrin, yes; Mullins, yes; Frisch, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #18, SERIES OF 2017 - Callahan Subdivision Lots 12 and 12A, Minor Subdivision, Lot Split; Minor Amendment to a Planned Development; and Removal of an Accessory Dwelling Unit. Ben Anderson, community development, told the Council the property is located on 1449 /1452 Crystal Lake Rd. This is for a lot split and two additional reviews including a minor amendment to the PD. It is an interesting shaped lot, double flag lot with a drive entrance. The main house is on lot 12 with a guest house on 12A. The property is currently considered a single lot and has been since 1976 when the subdivision was created. 1449 where the main house is located has a single family residence. 1452 with the guest house has two dwelling units including the ADU. The lots were drawn and labeled separately. The subdivision agreement has language where the lots are collectively designated and lot 12A is the guesthouse for lot 12. In 1976 we did not have the language for a guesthouse. 1 Regular Meeting Aspen City Council August 14.2017 The review criteria are pretty clear. Guaranteed access to a public way. Alignment with the original townsite plat. Zoning conformation. Existing structures, uses and non-conformities. To approve the lot split we added language for the minor amendment to the PD and removal of the ADU. Four things are included to the PD. Clarity to the status to lots 12 and 12A. Clarity to future redevelopment rights. On lot 12A, there could be a 4,700 square foot house. The applicant has agreed to limit the redevelopment potential to the existing development. The third point would clarify the setbacks/building site for lot 12A to the current R-15 setbacks and honors the existing easements for the Salvation Ditch and a bike/pedestrian path. The fourth condition would clari fy the portion of lot 12A labeled open space.. The accessory dwelling unit was approved by P&Z in 2001 to correct a bandit unit in the guest house and provide growth management mitigation for construction of the new home on lot 12. It was approved to be larger than allowed by code. A deed restriction was never recorded. Removal of the ADU is necessary. Code language established in 2015 creates a standard process for removing an ADU. Regardless of size, a voluntary ADU is removed by 1- extinguishing 38 FTE, category 2 AH credits or payment of fee in lieu. 2- changing the features that make the space a dwelling unit, kitchen features or internal connection to the rest of the structure. If approved 12 and 12A will be distinct lots. Future development will be limited to existing floor area redevelopment of lot 12A limited to a new building site that complies with Rl 5 setbacks and existing easements. Councilwoman Mullins said for the open space does the other land owner have an easement. Mr. Anderson replied yes. There is a secondary access that also has an easement. Councilman Myrin said on page 433 it mentions three conditions; speak to those. Ms. Garrow said all of those have been incorporated. Mr. Anderson said this came from the Gerson family and they have been involved in the process and we tried to incorporate their concerns. Councilman Hauenstein said he keeps coming back to it was originally created as one lot not to be sold separately. Mr. Anderson said staff looked at that statement seriously. We have a process within the land use code for a lot split and this meets that criteria for evaluating that. Standing at the site there is 450 feet between these two dwellings. It was difficult going back into the research to determine why that was included. Ms. Garrow said the important part from staff is when on the ground if the lot split were to happen you would not know it. Councilman Hauenstein said the part of 12A that is to the east of Crystal Lake Road will remain undeveloped. Mr. Anderson replied correct. Ben Genshaft and Mitch Haas, representing the applicant. Mr. Haas said this is an odd parcel. We can't figure out where the guest house came from. The owners are at a point in their life where they want to downsize and this lot split would allow them to do that. We have agreed to try to address everybody's concerns. The issue about the open space on 12A I think we worked that out. Regarding the building envelop it is not tied in to any lot lines. We do know the ADU will be removed promptly. Mr. Genshaft said our clients really like where they live. This gives them some more flexibility and the ability to downsize and stay where they are. Mayor Skadron opened the public comment. 1. Aaron Fleck said nobody knows the future. This is a great opportunity to downsize. The time is right. 2. Jim Gerson, representing the family at 1448 Crystal Lake Rd, said they have been involved since the application came to the city. He thanked Ben Anderson for his availability. They are very 8 Regular Meeting Aspen City Council August 14,2017 supportive of the application and hopes Council will approve it. They are comfortable with the changes and support it. Mayor Skadron closed the public comment. Councilwoman Mullins said Ben made a clear case for why we should allow the lot split. She supports staff recommendation. Councilman Myrin said he supports staff recommendation. It will provide a benefit. The housing will be occupied when it is provided as a credit. It is 2,200 square feet less than allowed. Less built square footage and higher occupancy housing. Councilman Frisch said he is also supportive. Councilman Hauenstein said he has reservations because of Fritz and Fabi. This has been weird since 1976. Who knows how it got to where it is now. He will reluctantly support it. He likes the housing credit. He will support it. Mayor Skadron said his concern is with the ADU but as Ward and Bert said we will be getting a resident. He will support it. Councilwoman Mullins moved to adopt Ordinance #18, Series of 2017; seconded by Councilman Myrin. Roll call vote. Councilmembers Mullins, yes; Hauenstein, yes; Frisch, yes; Myrin, yes; Mayor Skadron, yes. Motion carried. Councilman Frisch moved to adjourn at 8:25 p.m.; seconded by Councilman Hauenstein. All in favor, motion carried. Linda Manning, City Clerk. 9 Regular Meeting Aspen Citv Council June 26, 2017 SCHEDULED PUBLIC APPEARANCES -HPC Annual Awards 7 CITIZEN COMMENTS 7 COUNCILMEMBERS COMMENTS 7 BOARD REPORTS.... ? CONSENT CALENDAR 7 E Resolution #96, Series of 2017 - Aspen Ice Garden Electrical Upgrades Change Order #001........... 3 I- Resolution #97, Series of 2017 - Replacement of Police Department radar trailers with messaging signs 3 E Resolution #98, Series of 2017 -Public Safety Radio equipment replacement Construction Inc....... 3 E Minutes - May 8,22 and June 12,2017 ..3 ORDINANCE #20, SERIES OF 2017 - Harassing Dog Code Amendment 3 ORDINANCE #19, SERIES OF 2017 - 211 W. Hopkins Avenue, Amendment to Ordinance #29, Series of 2009 4 ORDINANCE #18, SERIES OF 2017 -Lots 12 and 12A of Callahan Subdivision; Minor Subdivision - Lot Split; Planned Development Amendment, and Removal of an ADU .. 4 At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Mullins, Hauenstein, and Myrin present. 1 Regular Meeting Aspen Citv Council June 26, 2017 SCHEDULED PUBLIC APPEARANCES -HPC Annual Awards Mayor Skadron said these are the 24th annual HPC awards. There are over 100 projects recognized through town. The first award tonight is given to 626 W Francis Street. It was built in 1964 as a duplex with swiss chalet and modern approaches. It was voluntarily landmarked and applauded by HPC. The architect is Kim Raymond Architects INC, contractor - Adam Rothberg and the developer is 626 W Francis LLC. The second award is for the powder house at 1280 Ute Avenue. They turned the old building into an office space. The owners are Pete Mcbride and Kate and Matt Holstein. The builder is Jim Jensen and the metalsmith is Brenton Curtis. Jeffrey Halferty from the HPC handed out the awards. Mayor Skadron thanked the winners for the community minded restoration projects that respected HPC and the community goals. CITIZEN COMMENTS 1. Tom Marshall- said there has been over 300,000 dollars spent on the last transportation study. We do this every few years and it is not right. Logically we will not run a light rail down Main Street. The gondola is out. The answer is the bus, whether it is gas or electric. We need a flexible transportation system. The only practical one is the bus. He also brought up the idea of taxing bicycles. 2. Toni Kronberg talked about the petition that was submitted and rejected due to failure to turn it in in a timely manner. COUNCILMEMBERS COMMENTS Councilwoman Mullins said she went to the CML conference in Breckenridge. Each of our communities are dealing with similar things. What is different is how they deal with them. It was a pretty valuable conference. Councilman Myrin said he agrees with Toni. If we are hesitant to put something on the ballot we should ask ourselves why. The Electric vehicle sales event ends this Friday. Go to garfieldcleanenergy.org for more information. Councils top ten list making session is July 27th and 28. Let council know what you want us to work on for the next two years. On the Wagner Park grass replacement, he would like to see the city contribute the 2 14 weeks and the organizing entity contribute the cost to replace the grass. It is a big ask for the city. Our contribution is the time of the park being closed. Grizzly bridge access by the music tent is closed, is that public or private. Steve Barwick said he would look into this. The pedestrian mall workshop this past Saturday was well attended and a good event. Councilman Hauenstein stated after the November election his daughter came to him and told him about students fearful of their parents being deported. I came to council and asked for the police to make no extra effort to target people by the way they looked. I think it is important for us to state our beliefs from time to time. He read a proclamation stating Aspen as a city of tolerance and welcome. Mayor Skadron said today was the kick off of the music festival. He spoke at the event today. The IDEAS festival is also happening. BOARD REPORTS Councilwoman Mullins said the Board of Health has a new public health director and she is doing a great job. If you want to know more talk to Ann. There is a Bill right now in the house to digitize vaccination cards. CONSENT CALENDAR Reso #96 - Ice Garden electrical upgrades 2 Regular Meeting Aspen Citv Council June 26,2017 Councilman Hauenstein said there is a 30 percent contingency. It seems high. Does this change order make the Ice Garden and Red Brick carbon free. Jeff Pendarvis, asset, said it is a remodel to part ofthe system. In 2010 council directed staff to have an adequate contingency 25-30 percent to cover large projects. To go off of fossil to all electric we had the contingency and could have gone forward but we wanted to bring it back to you. We are trying to get to a policy decision. Councilman Myrin said this came out of a request I made. At some point the mechanical will need to be replaced. I don't think there is any rush to abandon what is there. Councilman Hauenstein said he is totally in support ofgetting off offossil fuels. Reso #97 - radar trailers Councilwoman Mullins asked how many and where will they be located. Bill Linn, police, said it is for two signs on trailers. Councilwoman Mullins said currently we have three. Mr. Linn said we are getting rid of the current third. We have budget next year for the third. Mayor Skadron said he finds the trailers necessary but distasteful. Councilman Myrin asked if they will comply with the new sign code. Jim True, city attorney, said he does not have an answer to that now. It is a legitimate question. It would have a provision for government advisory and direction signs. We would anticipate they would comply with how we design that. Councilman Myrin said the memo said several accidents happened with the last ones and people driving into them. Mr. Linn said we like to think since they are bright that won't happen but we can't control where people put their cars. â€¢ Resolution #96, Series of 2017 - Aspen Ice Garden Electrical Upgrades Change Order #001 â€¢ Resolution #97, Series of 2017 - Replacement of Police Department radar trailers with messaging signs â€¢ Resolution #98, Series of 2017 - Public Safety Radio equipment replacement Construction Inc. â€¢ Minutes - May 8,22 and June 12,2017 Councilwoman Mullins moved to adopt the Consent Calendar; seconded by Councilman Hauenstein. All in favor, motion carried. ORDINANCE #20, SERIES OF 2017 - Harassing Dog Code Amendment Mr. Linn said this code amendment will bring the current code in alignment with what Pitkin County currently enforces. This is a shortcoming in our code. The current code allows for us to intervene with vicious animals. If a dog bites or carries out violence on another person or animal. This is a gap between that. A good example would be for a runner or biker on a trail with a dog running after and biting at your ankles. Ginna Gordon, community response office, stated she has been working with the department for 8 months and this is a source of frustration for us. Only 20 percent of dog calls fall within the vicious dog ordinance. This is something we wanted to look at. Most ski towns have some type of dangerous dog ordinance. Councilman Myrin said the memo states it will protect wildlife. It seems like maybe little kids as well. Councilwoman Mullins asked where would the revenue go. Mr. Linn replied the same as any other fines, the general fund. Mayor Skadron said we are adopting the ordinance used by Pitkin County. Ms. Gordon said their code includes biting. Ours does not include that. Once a dogs bites someone it falls under vicious. Councilwoman Mullins move to read Ordinance #20, Series of 2017; seconded by Councilman Hauenstein. All in favor, motion carried. 3 Regular Meeting Aspen (ltv Council June 26, 2017 ORDINANCE NO. 20 (SERIES OF 2017) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING TITLE 6 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN - ANIMALS AND FOWL - TO ADD A NEW SECTION 6.08.190 ENTITLED: KEEPING A HARASSING DOG PROHIBITED. Councilman Hauenstein moved to adopt Ordinance #20, Series of 2017 on first reading; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Myrin, yes; Hauenstein, yes; Mullins, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #19. SERIES OF 2017 - 211 W. Hopkins Avenue, Amendment to Ordinance #29, Series of2009 Amy Simon, community development, stated this will amend the 2009 ordinance. This is a unique situation. There were many years of discussion about post war mid century resources and how the city would proceed with designation. In 2009 there was a process in place where a property could not proceed with work without taking a 90 day pause and talking to staff and Council about their plans and talking about options. The owners applied for a demo permit then approached Council. There was an agreement made that allowed the owners to keep the demo permit that would be valid for 10 years. This took pressure off them to remove the building. They never intended to remove it in the first place. The ordinance is about to expire in two years. They still would like the assurance that there is no pressure. They are proposing a change of another 10 years in validity for the demo permit. If action is taken to demo we are asking that another 90 day period be enacted. There is a provision if demo is not acted on Council could chose to involuntarily landmark the property. The applicant would like that removed. Councilman Hauenstein said the permit was originally issued to fend of Aspenmodern designation. Ms. Simon replied yes. Councilman Hauenstein asked is the Aspenmodern program all voluntarily. Ms. Simon replied yes. Mr. Hauenstein asked why would we not remove the involuntarily part. Ms. Simon said that is a good discussion for second reading. Mayor Skadron said this is for a permit extension and or other amendments. What are the other amendments. Ms. Simon said they did not suggest any. The extension is the easy way. Councilman Myrin Moved to read Ordinance #19, Series of 2017; seconded by Councilman Hauenstein. All in favor, motion carried. ORDINANCE NO. 19 (SERIES OF 2017) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO ORDINANCE #29, (SERIES OF 2009) FOR THE PROPERTY LOCATED AT 211 W. HOPKINS AVENUE. Councilman Myrin moved to adopt Ordinance #19, Series of 2017 on first reading; seconded by Councilman Hauenstein. Roll call vote. Councilmembers Hauenstein, yes; Myrin, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #18, SERIES OF 2017 - Lots 12 and 12A of Callahan Subdivision; Minor Subdivision - Lot Split; Planned Development Amendment, and Removal of an ADU Ben Anderson, community development, told the Council the property is located in the Stillwater Ranch HOA and zoned R15. It is one parcel drawn and labeled as two lots. The current owners purchased the 4 Regular Meeting Aspen Citv Council June 26. 2017 property as a single lot. The lot split requires three approvals; lot split, a minor planned development amendment to establish floor area and removal of an ADU. Second reading is scheduled for August 14. Councilwoman Mullins asked what housing mitigation was undertaken originally. Mr. Anderson replied lot 12A has a guesthouse and was vacant when purchased. When the building permit was submitted and completed an ADU was completed. Councilman Myrin said page 396 talks about the ADU being oversized. Is the .38 applied if is oversized or bigger. Mr. Anderson replied correct. When the 2000 PD amendment confirmed it as a single lot, based on the presence of the guest house, the balance of the floor area was assigned to the main house. The floor areas for each lot remain as it was for the 2000 PD. Councilman Myrin said at second reading he would like some clarity for what it would be under today's code. Page 385 says it must always be sold together and never separately. That is what we are changing here. What was the reasoning behind that initially. Mr. Anderson said it was part ofthe initial subdivision agreement. Councilman Hauenstein asked if the ADU was ever used as employee housing. Mr. Anderson said he is not sure, it was never deed restricted. Mitch Haas, representing the applicant, said the ADU has been rented at times but it has never been deed restricted so we can never say i f it was a qualified rental. Councilman Myrin moved to read Ordinance #18, Series of 2017; seconded by Councilwoman Mullins. All in favor, Motion carried. ORDINANCE NO. 18 (SERIES OF 2017) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING REVIEWS FOR A MINOR SUBDIVISION - LOT SPLIT, A MINOR AMENDMENT TO A PLANNED DEVELOPMENT - PROJECT REVIEW AND THE REMOVAL OF AN ACCESSORY DWELLING UNIT FOR 1449 AND 1452 CRYSTAL LAKE ROAD, LEGALLY DESCRIBED LOT 12 AND 12A, CALLAHAN SUBDIVISION, ACCORDING TO THE PLAT RECORDED MAY 19, 1796 IN PLAT BOOK 5 AT PAGE 7, AND AMENDED FINAL PLAT AND DEVELOPMENT PLAN RECORDED AUGUST 17, 1977 IN PLAT BOOK 6 AT PAGE 16, AND PARCEL B, THAT CERTAIN PARCEL PLATTED AND DESCRIBED AS "OPEN SPACE FOR LOT 12A" ON THE FINAL PLAT OF CALLAHAN SUBDIVISION, RECORDED MAY 19, 1976 IN PLAT BOOK 5 AT PAGE 7, COUNTY OF PITK1N, STATE OF COLORADO. Councilman M>Tin moved to adopt Ordinance #18, Series of 2017 on first reading; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Mullins yes; Myrin, yes; Hauenstein, yes; Mayor Skadron, yes. Motion carried. Councilman Hauenstein moved to adjourn at 6:20 p.m.; seconded by Councilman Myrin. All in favor, motion carried. Â· Linda Manning, City Clerk 5 MEMORANDUM TO: Mayor Skadron and City Council FROM: Ben Anderson, Planner THROUGH: Jessica Garrow, Community Development Director RE: Callahan Subdivision Lots 12 and 12A - Reviews for Minor Subdivision (Lot Split), Minor Amendment to a Planned Development, Removal of an Accessory Dwelling Unit - 2nd Reading of Ordinance No. 18 (Series of 2017) MEETING DATE: August 14,2017 APPLICANT /OWNER: Barbara and Aaron Fleck REPRESENTATIVE: 1 / N. le + 49 Id. ' 1 L Ntâ€¢ 1 34&, /9.,I Mitch Haas, Haas Land Planning 9 11' *43 A B/ -.MN I s> 1 . .22. LOCATION: 2 1449 and 1452 Crystal Lake Road , 73%*:, 66 Lots 12 and 12A of the Callahan U.-1/. Ii/.....02~ Subdivision/Planned Development 4. . 4. CURRENT ZONING & USE .1 4,1 1Â£: 4,2/&,b. A single family residence and detached guesthouse that contains an accessory dwellingunit. Lots 12 and r- 12A have been considered a single lot under the 1*1 3, 1 17'4@~ 1 L'.i..Â£. Callahan Subdivision Agreement and a subsequent '1'42 3-,1&/JAI, I-i,Jf'->-41 Planned Development Amendment. The underlying (4 7 *Ur.Â·.1.'3Â·.00#Fl' 2~~ 97. b-:79 pfil'- zoning is R-15. : +Al "842.7Â¢MÂ»~ PROPOSED LAND USE: 2.- . The Applicant isrequesting approval for: 1)a Minor E##.LM***9â€¢4 * ~ Subdivision/Lot Split, 2) a Minor Amendment to a LALâ€¢i~y Â·Fl i Planned Development Project Review, and 3) the 2--,P~*3.* ., am removal of an accessory dwelling unit, with the -91* A, i' Le > .* 1# purpose of subdividing Lots 12 and 12A into two, /1.m & It ~RÂ¥ 97/./.'tu'l./t separate lots. Figure 1. Lots 12 and 12A of the Callahan Subdivision/Planned Development. Lot 12 is STAFF RECOMMENDATION: the location of 1449 Crystal Lake Rd., a single Staff recommends that the City Council approve family residence. Lot 12A is the location of Ordinance No. 18, Series of 2017. 1452 Crystal Lake Rd., a guesthouse and an accessory dwelling unit. LAND USE REQUESTS AND REVIEW PROCEDURES: The applicant has requested the following land use approvals from the City Council: â€¢ Minor Subdivision - Lot Split for the purpose of creating one additional development parcel pursuant to Land Use Code Chapter 26.480 (City Council is the final review authority and decision shall be by ordinance). â€¢ Minor Amendment to a Planned Development - Project Review for the development of a site specific development plan pursuant to Land Use Code Chapter 26.445 (City Council is the final review authority). â€¢ Amendment of an ADU Development Order - Removing an ADU for the physical removal and mitigation of a voluntary accessory dwelling unit, pursuant to Land Use Code Section 26.520.090(4). (This review is typically administrative, but due to the nature of the Application, City Council is the final review authority in this combined review). RESPONSE TO DISCUSSION AT FIRST READING: Questions and discussion at First Reading were focused on two topics: 1) The Accessory Dwelling Unit (ADU), and 2) clarification on the existing development and what would be allowed on the two lots ifthe lot split is approved. 1) The ADU was established on the first level of the guesthouse on Lot 12A. The ADU was approved by P&Z in 2001 with two purposes: 1) to correct a bandit unit that existed in the guesthouse, and 2) to provide the Growth Management exemption (affordable housing mitigation) for the new house that the Applicants were building Lot 12. The P&Z approval also allowed the ADU to exceed the 800 square foot limit that was specified by the code. The "voluntary" ADU was established physically, but was never deed restricted. Anecdotal evidence suggests that the ADU was used as a rental unit from time to time over its history, but APCHA has had no connection to it. Ordinance -No. 35, Series of 2015, established a process for the removal of established ADU's. The process is consistent in its treatment of ADUs, regardless ofsize or the alternative mitigation that might have otherwise been required. While the size of this ADU is unusual, current code creates a standard path for removal: .38FTE, Category 2 Affordable Housing Credits or equivalent fee-in-lieu, and the physical removal of the ADU or the features (kitchen, etc.) that allowed the ADU to function as a distinct unit. 2) Initially, the Applicants were proposing that the new lots be subject to R-15 Zone District allowances for Floor Area. Following First Reading, the Applicants have agreed to have the existing Floor Areas of the two homes on Lot 12 and 12A establish the allowable Floor Area for any future redevelopment. For Lot 12 this is 6,731 square feet. For Lot 12Athis is 2,550 square feet. This is approximately 2,200 square feet less than what would be allowed on 12A in the R-15 Zone District. MINOR CHANGES TO THE PROPOSED ORDINANCE SINCE FIRST READING: In response to requests from the Applicants, two minor changes to the Ordinance since First Reading are proposed. The first relates to the "building site" on Lot 12A. The Applicants have Page 2 of 10 asked that this reflect R-15 setbacks and the existing easements that are on the property. Staff finds that this is a reasonable request and has included this change in the Ordinance. Secondly, the Applicants are proposing to demolish the guesthouse (and ADU) on Lot 12A. If the lot split is approved, the timing of a demolition permit with the recordation of an Amended Subdivision Plat reflecting the lot split may become difficult. As a solution, staff is recommending that the extinguishment of the required Affordable Housing Credit/or payment of the equivalent fee-in- lieu to remove the ADU happen at the submission of the demolition permit rather than the issuance of the permit to ensure that proper mitigation is compututed. This change has also been included in the proposed Ordinance. BACKGROUND: Lots 12 and 12A were established in 1976 with the creation of the Callahan Subdivision and Planned (Unit) Development. Fredric and Fabienne Benedict, and Robert Goldsamt were the sub- dividers of the property and the Benedicts retained ownership of Lots 12 and 12A. Eventually the Benedicts built a guesthouse on Lot 12A, and their family house on an adjacent property outside of the Callahan Subdivision. Lot 12 was left undeveloped. The current owners o f 12 and 12A are Barbara and Aaron Fleck. They purchased the property in the late 1990's and developed Lot 12 with a new single family residence that was completed in 2003 (Building Permit Issued 9/2000). The Flecks retained the guesthouse on 12A, and in Resolution No. 48, Series of 2001 (Exhibit F), Planning and Zoning Commission approved the establishment of an Accessory Dwelling Unit to correct an unauthorized bandit unit and to provide the affordable housing mitigation for the new house on Lot 12. While Lots 12 and 12A are drawn and labeled on the subdivision Plat (Exhibit C) as distinct lots, Section 1, Paragraph G of the Subdivision and Planned Unit Development Agreement from May of 1976 (Exhibit D) includes this language: "Lots 12 and 12-A are collectively designated as a single-family lot. Lot 12-A is the guesthouse for Lot 12." When ownership of the property was shifting from the Benedicts to the Flecks in the late 1990s, Community Development staff was asked to determine the nature ofthe two lots in regards to this language. Staff was consistent in determining that Lots 12 and 12A were a single lot. The lot was sold to the Fleck's as a single lot. In September of 2000. Community Development administratively approved an Insubstantial Amendment to a Planned Development (Exhibit E) that provided clarity to the status of the lots. Among several specific amendments approved was the following: "Lots 12 and 12A must always be sold together as one lot and can never be sold separately." Additionally, the Insubstantial PD Amendment established allowed Floor Area for the combined parcel. The existing guesthouse on 12A was measured and confirmed at 2,550 square feet and the balance allowed on the parcel (under the 2000 Code) was allocated to the new home that would be built on Lot 12 (6,731 square feet). The development on Lot 12 and 12A remains the same today as it was with the completion of the Fleck's residence on Lot 12 in 2003. Page 3 of 10 5 6. r.' r L . m.l : dz.* .\ I p Â· Ittalet~ * % 1 54â€ž r /,I \ El 1 4 ..... 1._d-:.Cy-/ -44 f E- ' \â‚¬\ \ b,Â·.IN r,O.. 1 YA '4..... iAION I - -- '- - '..22 ~Â·>ZZY' I Â·. Â·, I â€žA - 2 5 L' e. 9 6402 ' .- 1 EF.L :2' ex # 1== Ii=- 1 .1..... .. ... Â·. 544 1 2. 1,~,0.- ~" Ly.~- ~ b.< 6~,b 1~hu-:21'.:-61.# 4%1. , .4% -TT I r=. -1.~~ . 2-ryÂ·-r- 6 0.- I,â€žâ€¢ . 660 \2Â£-- ~ ~~#* CO~E ~.84 a -'4..ILÂ·~n?.. 1-119:.: '-0 61*.f~ 13~---44 - 'b, 142':,%--&5 ... #. A 4Â£11/18.int-1 -235...~ *1 L F a Tz Â·4 Â® L''79,4 ja,/ 049&6. #:..r ve-li f**Â·-Â·"-Â·. - Ge C k I ...,r -- 7, 4 ~.~4%22 ; 'r hdfa,hÂ£MrÂ¥104 '../5%36' i/Â«21 ,-:4---1 1/&2..2:~ - ~Cti }EtÂ·,0-â€ž-* m . u=r LN.0 , 7 '-. 1 ..rdi'.Â·EKÂ£, -ill %1~C,tv'12â€¢C,1 i *\ N -crr. r / 4 . ch==,4, 'C,, 44\ 4 / 7 /.41-1&: LotllA .\0.01.4.1 - ik-:4 .... ., ....... . 1,14., ...h'. . ., ... 1 ;Sâ€¢~tâ€¢ Nies. 1 // 3 1. *, r*-3.Xr, A . 1 '-~ + c.'-- 1 2 . S:,..t:. -d... + . S.:1 . Â§1 s Â·Â·- .Â· .< . NN I ki ...6-4. "e ?Ep C ./.-,0 6'.*/CC 25 k ETU RV : . '9 1 ti ?R/g#TRAL--*.11'-fl. . .6 â‚¬2'~11 ~ . Re * i' f ley 1. W I , .Â· IÂ· S t. ./ Ald'w - 0 . >3 2-7.4 - *= 2 2 3- 4 / 2 0 5 f ~ NeeÂ» 5Â·. ~ Lot 12 4-Â«m\/? SH? ,#....... I v. 3% 244 1 . 76 #Atiz kielim o. REUDer) - M evil 00' 6 ' A . V ;mâ€žeâ€ž -*Z~r-''0-'e 3 -1 1 .7- .~444~t' 1~â€¢114 U4~2~'bbÂ·~t ...I-..LEL 6 / '211 1 at , STI TY- 1-Aâ€¢-,=h./rk 1-ch Figure 2. Callahan Subdivision Plat, 1976. Lot 12 and 12A are located in the lower right portion of the plat. The lots are separated by Crystal Lake Road. Currently, Lot 12 (blue) is occupied by a single family residence. Lot 12A (red) contains a "guesthouse" with two dwelling units including an ADU. PROJECT SUMMARY: The Applicant is seeking a lot split ofthe 12 and 12A lot. The proposed lots would be identical to Lots 12 and 12A as identified and delineated in the 1976 Plat for the Callahan Subdivision. Initially, the application requested that the two new lots be subject to the dimensional requirements ofthe R-15 Zone District. Following First Reading, the Applicant has agreed to retain the existing square footage as the future development right for each of the two parcels. In the case of Lot 12, this limit is 6,731 square feet. In the case of Lot 12A, the limit is 2,550 square feet. In order to facilitate the proposed Lot Split, two other reviews are necessary. First, because of the language in the original Planned Development (Exhibit D) and a subsequent Amendment (Exhibit E), a Minor Amendment to the PD is necessary to describe Lots 12 and 12A as distinct lots and to give specific definition to the proposal to use existing Floor Area in establishing future development rights. Additionally, a new building site on Lot 12A will be established that reflects R-15 setbacks and honors the easements for the Salvation Ditch and a bike/pedestrian path that cross the property. Page 4 of 10 8&34: Second, the ADU that was approved to mitigate for the home constructed by the Fleck's on Lot 12 is located in the "guesthouse" on Lot 12A. Based on discussion with staff. the Applicant has requested to include a review for the removal of the ADU (per the process outlined by Code) as the mechanism to remedy this situation. In the end, if these reviews are approved for the proposal in the application, Lots 12 and 12A would be distinct lots, would be allowed in the future to be conveyed separately, and would be subject to the language of the Minor PD Amendment language proposed in the Ordinance. Page 5 of 10 Monimented_Land and_Improvement Sucay Figure 3. Proposed Lot Lots 12 and 12,A 12. This Lot has the Callahan Subdvision /-84Â· 60 A Â·,r / // if /Â·-'.04 la, 8.Nt; li k Se,Th, RIMÂ·K:i lil vigs- or 1 1 6-H P.M. C 1. Cr .... Cous,Y or .1.. S Al. OF t.610?Al,c same dimensions as 4 . originally created by the 471.9 ... Callahan Subdivision in . 1976. This contains the Fleck's single family i residence. f--f f</~Ar R , i i A '-.. 9 14 1, 429- r=*2-1, .... .U.... 525= -; / 41,%.- \ - . f RE , Nt 1-Â·5:42'*4.. Â·- - '44 \I i 4,4 . _. L _ji.i.- ANh ,.1. - Â·fiRs ~ r- -7 - - 11- 1 ' 2 1 1 1': ' - - 0â‚¬90 i''r i i ./ t. 2 1 .r-J / , Â·' Pjj 1 & C71-,Â·Lt *7*Â·4Â» ; i . -1.0127 1. 1 .â€žlf' 12 - -- 111 \1 , i 1-Â· - f i pier- i i N I ' - 1 I ' i -.4Â·.L , P :--,-'. ' 1-Â·clet-' ge: -Het" ./ -....1- .... 1.0 , _SuNCG-Inc. '32' tz RTM GPS -Id Con,-~lonal Land Sun*,ing,jieylees 4 m., 4, sheet ~Â·Â·+ Â·p'Â·~"~'Â·' tu. n -1.- '29&.2. 2 of 2 - - - Page 6 of 10 1 I. 4 7 . 40 6? . Mengmentfi-1.-and arÂ¥ Improggment SU[yey Lots 12 and 12A Figure 4. Proposed Lot Callahan Subdivision SITUATION â€¢. El/2 OF SIC, IrÂ», 18, TonÂ®i,r' 10 SOU H. RANG, 84 WEST OF -Of 611Â·IP.M. 12A. This Lot has the (PTY OF ASPEN, Coull Y CE f'!11(IN, 5!ATE OF CleWADO same dimensions as 1 4 9 Â·Iâ€¢â€¢# originally created by the . 3 -- 7% Callahan Subdivision in 1976. This contains a "guesthouse" that l. includes an ADU. -Flar L. 4 i \. .1.-64-3 Â£.ftix W. f g.-1.11-2 t..,i437.4 6 I k. t.;Jâ€ž,.. ~)Â¥.31~~ , 3 i.'174~:1-1- sic-(lif~,142, 3 121. 2,6 , 9 474.9,Â·tii r Â«~ ~ , ' === , FE~E 1- Â·Â· - -' 0 PROJECT ~-IE ~ Â·' 41< -' - ' MliFY MAP --NQT TO SC,JE - /1-4.- 1 1 94 ...,4/23 :~u:-r.~:.trfal*22. I - -- <3.199 Ub-flÂ·r-Â»314 a.........1,1.'. ...â€ž' 1 '2>2- 9&250.- /tu~ mr- - Â·-i '' lall2% '01. \-Â·~ fLU. =&*rl. Â· W=47* r & A Â£12; ':Z .s, 0*:~23 - 1% ' ./ ..... 9 1\1 ,;\ >91&---'-1.--:\ tÂ¢>h .9.4 I ..31%' \ \6> ...r~ r W.,1,74%5 1.-74 2-* - '' /=T 9., Â·*#.r: 2-- '9;6Utl:.:u;*~i! A.Z=A i 2 4 \-th-- 1 9 9.=1:'.., 4.23iA e . --1Â·- _ .-Â¤y,Â·s.Â·/:=712'Â·&.,;J 1,1 v 6 Â«1, 11=- Â·. Uic-Jitz.-'~*- ..22- a. Â£241*in.' ' ,.1)....~1 .~~- - 3.263/ I---- 7 7- 4-*-v'--- *--1 -liff 23, 4 14 .... / . - . I Â¢ Wk Â·il ~Â· -/. .1.11 -- -./171 , 111*I//*b . S,Â·u, 2 . -*.. W- C '........,- E,Elihi-LEER,triffile>i%,23- : 2.5. 1.-,m,N,'2.~151Â·57 2,==. --'""Â»'.7 - ......... .---- !: =U 24*.221'4&74':22 :2';.74~21!.â€žÂ·m =kY- -7. i# 1.â€¢ 7-.61.- -, ~rr,n. .' -=. --L'"" ..1-I- . -U..%--7 i I GRAVEC SCALE .'-'.u:,-;:c:n'.An,Â·rr ' Â·!1 -'... - . ..'. U ........ 2 4,1.74'29-424'jirrivia--4,-- .. .......4 . "4 =Elki'WAr=;1".7.: ,- ........1 TE-g~f[*tâ‚¬-24-LifT_2-1 : .7.AtÂ·Â£=2:A=. &79. GIT â€¢e-â€¢â€¢:Â· L Ci- 1 .1.- - -wÂ· 1 -7Â£(T-- M __tr42 --Tâ„¢' .1~ 0--ii-+J 1/ I-%- 9-i 11-1 1 Â· M :92:. . ~ 1.Wal.mle -'- 60. mw .2*- :r//--.m'M' L29-- -/E-v/ SurvCo, Inc. i:,-:235'CE=a Imt-9PS-Idq~~Nonal L~EMLR#459!M- rt-,â‚¬" --1 .... . .,1 - . =Â·alÂ¥.0. Wi.,1.2'.I-/-1.1-Â¥157*: . t' 7.2 08â€ž,Â» 27Â¥&27?1â‚¬iF. 103 [f.: I-.-*â‚¬fÂ·~R.=9-7 ~--:--- Page 7 of 10 / f 4, hÂ« Â· 16 â€¢ I 3 y @a LAND USE REVIEWS - STAFF DISCUSSION: Minor Subdivision - Lot Split (26.480) All proposed subdivisions must comply with the General subdivision review standards as described in 26.480.40: A. Guaranteed Access to a Public Way B. Alignment with Original Townsite Plat C. Zoning Conformance D. Existing Structures, Uses, and Non-Conformities Staff finds that the proposed lots meet these criteria. Both have access to Crystal Lake Road. The lots align to the Plat for the Callahan Subdivision. The divided lots are conforming to the underlying R-15 Zone District and the PD. One issue that did raise discussion was the Floor Area of the home on Lot 12. The calculated Floor Area is approximately 258 square feet larger under current calculations than was approved by an earlier PD Amendment (and the building permit). Staffhas determined that the difference results from changes to the Floor Area calculation method since the home was approved. This legal non-conformity is not increased by the proposed Lot Split. Staff does not take lightly the language in the Subdivision Agreement from 1976 and the Planned Development Amendment from 2000 identifying 12 and 12A as a single lot. Research into the original formation of the subdivision in 1976 does not provide insight as to the motivation that caused the inclusion of this language. Additionally the term "guesthouse" which was given importance in establishing the connection between the lots, did not and does not exist as a definition in the Aspen Land Use Code. None the less, the language was included and then affirmed by the future PD Amendment. Beyond meeting the above standards, stafffinds good reason to recommend the proposed Lot Split. Most importantly, the lots were originally drawn and labeled as distinct lots. Today, unless an observer were looking at the property on the Aspen GIS viewer, or reading the Subdivision Agreement, there is no cue to suggest that this is a single lot with a main home and a guest home. There is no visual connection between the structures. They are separated from each other by Crystal Lake Road and a significant linear distance. In short, these two homes appear as ifthey are located on separate lots without relationship to each other. Minor Amendment to a Planned Development (PD) - Proiect Review (26.445.110) If City Council is supportive of a Lot Split, a Minor Amendment to Planned Development- Project Review is required to confirm a change to the status ofthe lots from what was originally described in the Subdivision/PD Agreement from 1976 and the PD Amendment from 2000. Most importantly, this would remove language identifying Lots 12 and 12A as a single lot. Another significant issue to be addressed in this specific review, is the allowed Floor Area for the two proposed parcels. The Applicant has responded to a neighbor's and Staff concerns and has agreed that future development of the two lots be limited to the Floor Area of existing development. Again for Lot 12 this would be 6,731 square feet; for Lot 12A it would be 2,550 square feet. Page 8 of 10 . d There was additional discussion with the Applicant's representative regarding setbacks on Lot 12A. Lot 12 has a clearly defined building envelope established by a previous Stream Margin review. Lot 12A has a "building site" established in 1976. This site was not precisely located on the subdivision plat. The current structure is not entirely confined to this building site. As a remedy to this situation, the Applicant has proposed a new building site that reflects the R-15 Zone District set-backs and honors existing easements on the property for the Salvation Ditch and a related foot bridge, and a Bike and Pedestrian Path. Lastly, Lot 12A is divided into two pieces by Crystal Lake Road. The easternmost piece of the parcel is labeled on the original Subdivision Plat as "open space". Currently, this slice of 12A has an existing shed, a gravel parking area and an easement for a driveway utilized by the neighbors to the East, the Gersons. The PD Amendment language on this topic maintains these uses. but limits future development on this part of Lot 12A The specific language for the proposed Minor PD Amendment can be found in Section 2 of the Draft Ordinance. Amendment of an ADU or Carriage House Development Order (26.520.090) Because the Accessory Dwelling Unit within the "guesthouse" on Lot 12A was used to provide affordable housing mitigation for the construction of the existing house on Lot 12, a lot split would complicate the situation related to the ADU. The unit was approved as a "voluntary" unit - meaning that it was not required to be rented, but if it was, the tenant would be required to be APCHA qualified. The ADU was approved in lieu of the housing mitigation fee calculated with the building permit for the house on Lot 12. Section 26.520.090.C provides a process for property owners with previously established voluntary ADUs (that were created to provide AH mitigation) to remove the ADU. The approval of this process is typically handled administratively and requires three actions: 1) The applicant provides affordable housing mitigation for .38 FTE, at a Category 2 rate. The mitigation can be provided with an AH credit or by payment of a fee in lieu 2) The applicant completes physical changes to remove the ADU - typically, this is the removal of kitchen features and the creation of an interior connection to the primary unit. 3) A release of deed restriction that is acceptable to the City Attorney and filed with the Pitkin County Recorder. While staff can find no evidence that the ADU on this property was ever deed restricted, it was approved by the Planning and Zoning Commission and the physical changes were completed as specified by the approval. Staff finds that the removal of the ADU is the clearest path in resolving the housing mitigation issue, if the Lot Split is approved. Submittal of a permit for the removal/demolition of the ADU, including the extinguishment of the required housing credit or payment of equivalent fee-in-lieu would be a condition of the recording of a Plat that finalizes the Lot Split process. Please see Exhibit B, Review Criteria and Stajf Findings for a more detailed analysis of the land use reviews. Page 9 of 10 .. LETTERS FROM THIRD PARTIES: Community Development has received two letters from third parties: First, Lots 12 and 12A are members ofthe Stillwater Ranch Open Space association HOA. The letter from the HOA offers general support for the proposed subdivision. However, if the lot split is approved, Only Lot 12 would remain part of the Stillwater Ranch Open Space Association HOA. This letter is included as Exhibit H. Secondly, The Gerson Family who own the adjacent property to the east (located in Pitkin County) submitted a letter through a representative. In summary, the Gerson's can support the proposed Lot Split if subject to three conditions: 1) Ati new or replacement development on Lots 12 and 12A must remain within the building envelopes established in the Final Plat for Callahan Subdivision, as the envelopes were acknowledged by the City and the owners in the late 1990s. 2) There is no change to the floor area permitted to either lot. 3) The Open Space Parcel associated with Lot 12A must be preserved as open space and not used for any other purpose. This letter and attached materials are included as Exhibit I. REFERRAL AGENCY COMMENTS: The Community Development Department received referral comments from the City of Aspen Engineering Department. There were no concerns expressed regarding the potential Lot Split. RECOMMENDATION: Staff recommends approval of the Lot Split, Minor PD Amendment, and Removal of an ADU for Lots 12 and 12A ofthe Callahan Subdivision. PROPOSED MOTION: "I move to approve Ordinance No. 18, Series of 2017. CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A - Complete Application Exhibit B - Review Criteria and Staff Findings Exhibit C - Plat, Callahan Subdivision Exhibit D - Subdivision/PD Agreement, Callahan Subdivision Exhibit E - Insubstantial PD Amendment, 2000 Exhibit F - ADU Approval, Resolution 48, Series of 2001 Exhibit G - Proposed Lot Configuration Exhibit H - Letter from Stillwater Ranch HOA Exhibit I - Letter from The Gerson Family, adjacent property owners Page 10 of 10 26 Ili,,li, 2131.7 {'-~Â·r'l L T ,/0""~ ~- .â€ž.'-1,0- Ill/I0- AMUNITY DEVELOPMENT ~ ~~_-- 30 S. GALENA STREET , ASPEN, 00 81611 2-- STILLWATER RANCH OPEN SPACE ASSOC PO BOX 11597 ASPEN. CO 81612 N I XI E 805 78 1 0005/04.17 RETURN TO m=mn=Â© ATTEMPTED './. 1 ./" ./ El i I M n - V M ir,% U! M UNABLE TO FORWARD ANK BC: 81611190230 *1979-20507-26-41 8 i Ed**95*10 902 1,}11 111 11! 111.11111,11111111 11 :111!111,1111 1,1 111 Ilili!"il: Ill 11 - - -- 92X - --Â· - - -ca- - 4 .*-4-'4- - I.6.~~Â·k~'iâ€¢... %-*0 GRAN.D JUME TION CO -:3 1. S /~*#Â·- .p. blt?:$Â»W ..... 'I 2...v, r...~.4.,4, ."' "-4. Vn,$0 f DEVELOPMENT . I . r. 26 i .9,1 , 1 4,6,1 .1 ,/ . 't re: 4 1 #+' 3+.. ve kt9,7 W *W....:,el .:. -/..: -Â·NJU.. 44"Il LENA STREET 0 ---< <_ ..4.- 2.00 81611 L.- ..b. V jâ‚¬ HJALMARSON ELIZABETH LiV TRUST 1448 CRYSTAL LAKE RD ASPEN, CO 81611 9.:1-:7. 828 72 1 Qgia#W: 9 9, ; ' an,=CIFS./.9 '3 - A.6 - RETURN TO SENDER A 77; M n TC n _ M A 7 KNOWN , 0."ABLE -70 .FORWARD ANK BC: 81611-90230 *1979-20528-26-41 61&21*41311902 il'1111'il'111'ill'/11'/11'1111111'i!/lilililll,Ijllilii:jilillil JONES FAMILY REV TRUST 2105 LEE SHORE PL J WILMINGTON, NC 28405 raTI'-- iM & Al W 505 52 1 U U '&3 4'2 12 V 1 3 A- f 02205'.'0,3/97 SENDER ~ 7,c ?i. 0 -r g n rl Z twÂ·' 1 2 -W NOT KNOWN UNABLE TO FORWARD 82#9&22&35&80@080 ANK EC' St 1 61 1 1 *1979-14755-26-41 .90230 HAAS LAND PLANNING, LLC February 9, 2017 RECEIVED Ms. Jessica Garrow MAR I 5 2017 Aspen Community Development Department Director 130 South Galena Street CITY OF ASPEN Aspen, CO 81611 COMMUMTY DEVELOPMENT RE: Minor Subdivision (Lot Split) and Minor PD Amendment Request for 1449/1452 Crystal Lake Road (Lot 12/121 Callahan Subdivision, PID# 2737-181-32-012) Dear Jessica: Please consider this letter and the attached exhibits and maps/ figures to represent a formal request for a minor subdivision/lot split and a minor amendment to a PD Project Review approval for the property located at 1449/1452 Crystal Lake Road. This application is submitted by Haas Land Planning, LLC, and Genshaft Cramer LLP on behalf of the property owners, Barbara Fleck as to an undivided fifty percent (50%) interest and Aaron Fleck as to an undivided fifty percent (50%) interest in the Lots (collectively, "Owner"). Authorization to represent Owner is provided herewith as Exhibit 4. As required and for the reviewer's convenience, the following exhibits and maps/figures are attached to this application: EXHIBITS: 1: Pre-Application Conference Summary 2: Proof of Ownership 3: City of Aspen Forms: a. Land Use Application Form b. Dimensional Requirements Form, and c. HOA Compliance Form 4: Authorization to Represent the Applicant 5: Executed Fee Agreement 6: List of Property Owners within a 300-foot Radius and their Mailing Addresses of Record 7: Copies of Prior Approvals: a. Subdivision and Planned Unit Development Agreement b. Insubstantial Amendment to the Callahan Subdivision and Planned Unit Development Agreement for Lots 12 and 12A â€¢ 42OE. MAIN STREET, SUITE 10-B â€¢ ASPEN, COLORADO â€¢ 81611 â€¢ â€¢ PHONE: (970) 925-7819 â€¢ MITCH@HLPASPEN.COM â€¢ MAPS/FIGURES: 1: Vicinity Map (at 81/2" X 11") 2: Monumented Land and Improvement Survey 3: Callahan Subdivision Final Plat and Development Plan 4. Callahan Subdivision Amended Final Plat and Development Plan 5. Lot Breakdown Map 6. Slope Analysis Plan 7. Allowable Floor Area Analysis 8. Lot 12 Floor Area Calculations 9. Lot 12A Floor Area Calculations The subject properties are legally described as Lots 12 and 12A, Callahan Subdivision, according to the Map thereof recorded May 19, 1976 in Plat Book 5 at Page 7, and Amended Plat thereof recorded August 17, 1997 in Plat Book 6 at Page 16, Pitkin County, Colorado. Said subdivision and planned development was approved in 1976. This approximately 1.9-acre property contains a single- family home and a "guest house" located on the opposite side of Crystal Lake Road. It is zoned R-15/ PD, Moderate-Density Residential with a Planned Development Overlay, and its Parcel Identification Number is 2737-181-32-012. See Vicinity Map below and at Maps/Figures 1. 1/1/13 -..1,/12/' 1 iL 0/i:/2175&,trk:(:6:miltell/010'llf/Le 344 14- 10~ 4 -4 7.Lu- 7& .4.1 /10//1 ..li.....*al.,1.1.--4 *7Â£11. ag . - Vicinity Map - - Lots 12 and 12A, Callahan Subdivision (1449 & 1452 Crystal Lake Road) - 1449 &1452 Crystal Lake Road - Lot Split/PD Amendment Page 2 As a review of the vicinity map and the attached copies of the Subdivision Plat indicate, Lots 12 and 12A are physically separated by Crystal Lake Road, and the lots operate separately and distinctly from one another. There is actually another single-family home located between the Lot 12 house and the Lot 12A "guesthouse;" the intervening single-family home is located in a separate subdivision (The Stillwater Subdivision) and within a wholly different governmental jurisdiction (unincorporated Pitkin County) than the subject properties. Furthermore, not only are Lots 12 and 12A physically and functionally distinct and separate from one another, but there is no reason that they need to be treated as a single lot and we believe it makes a great deal more sense from both the Owner's perspective and the City's perspective to separate these lots. The term .. guesthouse" is completely unregulated in the City of Aspen Land Use Code and undefined in the site-specific approvals. The only language that may be construed as a prohibition from selling Lots 12 and 12A separately is from the original 1976 PUD Agreement and provides that Lots 12 and 12A " are collectively designated as a single-family lot." As such, the guesthouse can be rented out on a long-term basis, serving the same purposes and generating the same impacts as an unrestricted single-family home but providing the City with none of the potential benefits associated with that use, such as but not necessarily limited to separate/additional property taxes, potential Real Estate Transfer Taxes, or separate and distinct employee mitigation requirements. In 1976, when the Callahan Subdivision was approved, twelve (12) lots were designated for single-family use, as well as one duplex lot two townhome lots, and one open space lot (see Exhibit A of the PUD Agreement and the Plat). Additionally, there were three lots established for the Aspen Club facilities and a lot for an office building. As such, there were and still remain twelve (12) original single-family residential development rights associated with the subdivision. Nevertheless, only eleven (11) single-family lots were developed in the Callahan Subdivision. Lots 12 and 12A were both approved as single-family lots and given designated building envelopes; however, and notwithstanding that Exhibit A of the PUD Agreement expressly provides that Lots 12 and 12A are two distinct parcels, there is wording in subsection 1(g) of the PD Agreement that states as follows: "Lots 12 and 12A are collectively designated as a single-jilmily lot. Lot 12A is the guesthouse ./br Lot 12. Accordingly, there remains one unused single-family residential development right associated with the subdivision, which right can be used to legally separate Lots 12 ands 12A. While the language of PUD Agreement at subsection 1(g) and at Exhibit A may appear in conflict, it is important to understand that the original subdivider of 1449 &1452 Crystal Lake Road - Lot Split/PD Amendment Page 3 the Callahan Subdivision planned to retain ownership of Lots 11, 12 and 12A (see last sentence of Section 1.I of the PUD Agreement) and included the language about a guesthouse on 12A as a way of ensuring his private property rights. That is, the Aspen Land Use Code at the time (circa 1976) had no definition for the term "guesthouse" (or for single family home), but defined "dwelling unit" as any structure "intended or designed for occupancy by a family or guests independent of other families or guests." He sought to include the language merely to clarify that Lot 12A was approved for use as a guesthouse for Lot 12 as benefit to the lot not as a restriction. In other words, the language was never imposed on the subdivider by the City and had no purpose relative to the promotion of the public health, safety or welfare. In September of 2000, the Community Development Director issued a "Notice of Approval" that discusses the meaning of subsection 1(g) of the PD Agreement. However, this Notice of Approval purports to constitute an "insubstantial" amendment to the PUD Agreement yet it was not executed by any of the subdivision lot owners, nor was it approved by City Council. Nevertheless, the Notice of Approval states that, Lots 12 and 12A of the Callahan Subdivision/PUD are collectively designated as a single*mily lot with thejollowing restrictions and clarifications: 1) Lot 12A is the guesthouse ./br Lot 12. 2) Lots 12 and 12A must always be sold together. 3) The home on Lot 12 can contain no more than 6,731 square Ret Of floor area. The guesthouse can contain no more than 2,550 square jeet offloor (Irea. This allowed jloor area for each use was determined using the current (2000) City of Aspen definition for how floor area is calculated. Any juture changes to how jloor area is calculated shall not impact the maximum allowed floor areft for these two uses, the single family home and the guesthouse. 4) Both homes will be built within their respective building envelopes designated on Page 3 of the Callahan Subdivision Development Plan. 5) An Accessory Dwelling Unit (ADU) can be located within the guesthouse. 6) All provisions of the City of Aspen's Land Use Code shall be applied to Lots 12 and 12A as one parcel, unless otherwise stated in this amendment. 7) Lots 12 and 12A will be considered as one lot for the purposes of applying the Secondary Mass Design Review Standard. The guesthouse can serve as the secondary mass element>r the main residence. The "Notice of Approval" for an Insubstantial PUD Amendment for Lots 12 and 12A states that the home on Lot 12 can contain no more than 6,731 square feet of 1449 &1452 Crystal Lake Road - Lot Split/PD Amendment Page 4 floor area and that the guesthouse can contain no more than 2,550 square feet of floor area. This FAR matched the structure that was (and is still) on Lot 12A, thereby giving an FAR blessing to what was already there. This FAR restriction does not correlate with the Code in effect in either 1976, 2000 or today. The "Notice of Approval" is believed to be invalid. It was not "insubstantial" in affect as it would result in a material amendment of the PUD Agreement establishing for the first time permanent FAR restrictions for the lots. Furthermore, the so-called amendment was not appropriately completed since the City Council, the subdivider, or a majority of the subdivision lot owners did not execute it. The Notice of Approval also stated that, "All prior City of Aspen approvals ./br the Callahan Subdivision and Planned Unit Development shall remain in full. force andeffect." The actual PUD approvals and the PUD Agreement still in force and effect did not specify allowable floor areas for Lots 12 or 12A. It is the applicant's position that the allowable FAR for the development rights on Lots 12 and 12A are and should be calculated in accordance with the current Land Use Code. The Applicant now seeks to amend the PUD Agreement in a manner that removes all previous language and approvals that are inconsistent with the current request and any approvals granted in association herewith. The applicant is also requesting a minor subdivision (lot split) to designate Lots 12 and 12A as separate parcels. Each of the resulting lots will meet the underlying zoning requirements. The applicant believes it has the consent of the HOA to amend any language in the PUD approvals and the PUD Agreement that would be in contradiction to Lots 12 and 12A being two separate single- family residential parcels. There are no benefits to the public or the City of Aspen in keeping Lots 12 and 12A one parcel. Once the lot split is approved, the City would collect taxes on two lots instead of just one. Additionally, if and when either property is sold or re-sold the City would receive Real Estate Transfer Taxes on each property. Finally, there would be separate affordable housing mitigation requirements exacted if and when either property is redeveloped. With approval of the proposed minor subdivision and insubstantial PD amendment the 41-year history of an improvised "guesthouse" regulation will be ended and replaced with the currently adopted land use codes that were actually vetted through public process. The amended PD Agreement will remove all previous language and approvals that are inconsistent with the current request and any approvals granted in association herewith will be consistent with current City of Aspen land use regulations. 1449 &1452 Crystal Lake Road - Lot Split/PD Amendment Page 5 Section 26.480.060(A): Minor Subdivision - Lot Split Per the attached Pre-Application Conference Summary, Code Section 26.480.060.A provides the applicable review criteria for this minor subdivision (lot split) request. The standards for approval are enumerated below in italicized text, and each is followed by a response demonstrating compliance and/or consistency therewith, as applicable. A. Lot Split. 'The subdivision of a lot ./br the purpose of creating one additional development parcel shall be approved, approved with conditions, or denied by the City Council, pursuant to Section 26.480.030 - Procedures for Review, according to the ./bllowing standards: 1. The request complies with the requirements of Section 26.480.040, General Subdivision Review Standards. The proposed lot split for purposes of separating two development parcels fully complies with the requirements of Section 26.480.040, as demonstrated below. 2. No more than two lots are created by the lot split. No more than one lot split shall occur on any one~fathering parcel. The lot split will create only two lots. Lots 12 and 12A of the Callahan Subdivision has never before been the subject of a lot split, nor will either resulting lot be further divided in the future. 3. The Lot Split Plat shall be reviewed and recorded in the @ice of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 - Approval Documents. No subdivision agreement need be prepared or entered into between the applicant and the City unless the Community Development Director determines such an agreement is necessary. The applicant understands this standard and will comply as needed. While no subdivision agreement is required, the applicant will complete an Amended PD Agreement for the City's review and recordation. The applicant will pay all required recording fees. As mentioned above, Code Section 26.480.040 provides the general subdivision review standards. The criteria are listed below in italicized text and each is followed by a response demonstrating compliance and/ or consistency therewith, as applicable. A. Guaranteed Access to a Public Way. All subdivided lots must have perpetual unobstructed legal vehicular access to a public way. A proposed subdivision shall not 1449 &1452 Crystal Lake Road - Lot Split/PD Amendment Page 6 eliminate or obstruct legal vehicular access#om a public way to an adjacent property. All streets in a 5ubdivision retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. Both lots have and will continue to have perpetual, unobstructed legal vehicular access to Crystal Lake Road, a public way. The subdivision will not obstruct legal vehicular access from a public way to any adjacent lots. Adequate public and emergency access to the proposed lots exists and will remain unchanged. There will be no security or privacy gates across access points or driveways. B. Alignment with Original Townsite Plat. The proposed lot lines shall approximate, to the extent practical, the platting of the Original Aspen Townsite, and additions thereto, as applicable to the subject land. Minor deviations from the original platting lines to accommodate significantjeatures of the site may be approved. The proposed subdivision is not within the original Aspen Townsite. The Callahan Subdivision/PUD, within which the subject property resides, was created pursuant to the Final Plat and Development Plan recorded in May of 1976, in Book 5 at Page 7. The proposed lot line matches the platting of the original Callahan Subdivision/PUD inasmuch as Lots 12 and 12A (along with the "Open Space for Lot 12A") will remain configured as they are today, but with the physical barrier of the Crystal Lake Road right-of-way forming the lot line that actually separates the two properties. Lot 12A and the platted "Open Space for Lot 12A" will continue to reside along both sides of Crystal Lake Road. C. Zoning Conjormance. All new lots shall conjorm to the requirements of the zone district in which the property is situated, including variations and variances approved pursuant to this Title. A single lot shall not be located in more than one zone district unless unique circumstances dictate. A rezoning application may be considered concurrently with subdivision review. Both of the lots resulting from the subdivision have been designed to conform to the requirements of the R-15 Zone District and remain fully consistent with the Callahan Subdivision/PUD. The lots will remain within only one zone district without the need for a rezoning. The front yard setback (from Crystal Lake Road) of the existing residence on Lot 12A will be 43.4 feet, the side yard setbacks will be 33.5 feet and 28.5 feet (from Highway 82 and Lot 10, respectively), and there would be no applicable rear yard setback at the two side property lines adjoin to form a triangular lot shape. Nevertheless, the distance from the home to the pedestrian bridge near the rear of the lot is well in excess of R-15 rear yard setback requirements. The location of 1449 &1452 Crystal Lake Road - Lot Split/PD Amendment Page 7 the existing improvements on Lot 12A relative to these lot lines and the Crystal Lake Road right-of-way will not change as a result of the proposed minor subdivision/lot split. The existing residence on Lot 12 sits 18.5 feet from the nearest portion of the lot line to the north, 87.8 feet from the southerly lot line, 90.6 feet from the westerly lot line, and more than 50 feet from the easterly property line. Alone, the flagpole portion of Lot 12 connecting it with Crystal Lake Road has a length of nearly 280 feet. The location of the existing improvements on Lot 12 relative to these lot lines and the Crystal Lake Road right-of-way will not change as a result of the proposed minor subdivision/lot split. As proposed Lot 12 will maintain a lot size of 63,703 square feet with a net lot area of 55,859.50 square feet after slope reductions. Lot 12A will maintain a lot size of approximately 19,366 square feet with a net lot area of approximately 12,276 square feet after slope reductions; combined with the platted "Open Space for Lot 12A" parcel, the lot will have a total size of 28,616 square feet with a combined net lot area of 18,460 square feet after slope reductions. Slope reductions affect only allowable FAR and have no bearing on minimum lot size, or density requirements or limitations. Lot 12A will have a lot width (measured at the front yard setback line along Crystal Lake Road) of greater than 60 feet and Lot 12 will have a lot width consistent with the PD. The result will be two conforming lots of record in the R-15/ PD zone district and no rezoning or variances are necessary. D. Existing Structures, Uses, and Non-Conformities. A subdivision shall not create or increase the non-con-fbrmity of a use, structure or parcel. A rezoning application or other mechanism to correct the non-conforming nature of a use, structure. or parcel may be considered concurrently. In the case where an existing structure or use occupies a site eligible fOr subdivision, the structure need not be demolished and the use need not be discontinued prior to applicationjor subdivision. If approval of a subdivision creates a non-conforming structure or use, including a structure spanning a parcel boundary, such structure or use may continue until recordation of the subdivision plat. Alternatively, the City may accept certain assurance that the non-confbrmities will be remedied after recordation Of the subdivision plat. Such assurances shall be reflected in a development agreement or other legal mechanism acceptable to the City Attorney and may be time-bound or secured with a financial surety. 1449 &1452 Crystal Lake Road - Lot Split/PD Amendment Page 8 The subdivision will not create or increase the non-conformity of a use, structure or parcel. No actual development or alterations to existing structures are proposed as part of this application. Section 26.445.110(D): Minor Amendment to a Project Review Approval (Insubstantial Amendment to a Planned Development) Code Section 26.445.110.A, states that an Insubstantial Amendment to a Planned Development may be authorized by the Community Development Director, subject to the following conditions: 1. 77ie request does not change the use or character Of the development. The use and character of the development will not change. The property use and character are and will remain that of two single-family residences. The "guesthouse" on Lot 12A can be rented out long-term to a family or any other type of residential tenant. The "guesthouse" is not physically, operationally, or functionally ancillary, incidental, or accessory to the house on Lot 12. The only thing that will change will be the ability for that lot/residence to be sold separately from the residence on Lot 12, and this will have no affect whatsoever on the use or character of the development. 2. The request is consistent with the conditions and representations in the project' s original approval, or otherwise represents an insubstantial change. As explained earlier, Lots 12 and 12A were both approved as single-family lots and given designated building envelopes; however, and notwithstanding that Exhibit A of the PUD Agreement expressly provides that Lots 12 and 12A are two distinct parcels, there is wording in subsection 1(g) of the PUD Agreement that states as follows: "Lots 12 and 12A are collectively designated as a single-.family lot. Lot 12A is the guesthousejbr Lot 12." While the language of PUD Agreement at subsection 1(g) and at Exhibit A may appear in conflict, it is important to understand that the original subdivider of the Callahan Subdivision planned to retain ownership of Lots 11, 12 and 12A (as provided in the last sentence of Section 1.I of the PUD Agreement) and included the language about a guesthouse on 12A as a way of ensuring his private property rights. That is, the Aspen Land Use Code at the time (circa 1976) had no definition for the term "guesthouse" (or for single family home), but defined "dwelling unit" as any structure "intended or designed./br occupancy by a ./amily or guests independent of other families or guests." He sought to include the language merely to clarify that Lot 12A was approved for use as a guesthouse for Lot 12 as 1449 &1452 Crystal Lake Road - Lot Split/PD Amendment Page 9 benefit to the lot not as a restriction. In other words, the language was never imposed on the subdivider by the City and had no purpose relative to the promotion of the public health, safety or welfare. Separating the two lots by means of a minor subdivision approval so as to allow their separate transaction is consistent with the original approvals, which provided for twelve (12) single-family residential lots, with said lot being designated as Lots 1, 2,3,4,5,6,7,8,9, 11, 12 and 12A (Lot 10 was separately reserved as a Duplex Lot). The single-family residential development right was in place and separately designated for use on Lot 12A. The so-called "guesthouse" restriction has no practical meaning under the terms of the original approvals, the PUD Agreement, or the Aspen Land Use Code then or now in effect. For these reasons as well as those stated throughout this application, the proposed amendment is not only consistent with the conditions and representations in the project's original approval, but the proposed amendments also represent an insubstantial change. Furthermore, the HOA is supportive of the amendment. 3. The request does not require granting a variation -Rom the project' s allowed use(s) and does not request an increase in the allowed height orfloor area. The approved use(s) of the project include single-family residential use on both Lots 12 and 12A and the proposed amendment does not seek to change this. No changes are requested to the allowed building heights, as they PUD approvals do not specify height limits and instead default to the requirements of the City's underlying R-15 zoning. The amended plan will continue to be subject to the height and other zoning requirements of the underlying zone district. The City of Aspen-issued "Notice of Approval" for an Insubstantial PUD Amendment for Lots 12 and 12A, dated September 1, 2000 and recorded at Reception No. 447163, states that the home on Lot 12 can contain no more than 6,731 square feet of floor area and that the guesthouse can contain no more than 2,550 square feet of floor area. This FAR matched the structure that was (and is still) on Lot 12A, thereby giving an FAR blessing to what was already there. This FAR restriction does not correlate with the Code in effect in either 1976, 2000 or today. The "Notice of Approval" is believed to be invalid. It was not "insubstantial" in affect as it would result in a material amendment of the PUD Agreement establishing for the first time permanent FAR restrictions for the lots. Furthermore, the so-called amendment was not appropriately completed since the City Council, the subdivider, or a majority of the subdivision lot owners did not execute it. The Notice of Approval also stated that, "All prior City of Aspen 1449 &1452 Crystal Lake Road - Lot Split/PD Amendment Page 10 U It is hoped that the provided information and responses prove helpful in the review of this application. If you should have any questions or desire any additional information, please do not hesitate to contact Haas Land Planning, LLC or Genshaft Kramer, LLP Truly yours, Haas Land Planning, LLC . Â«Ill- 23 /vv ' Mitch Haas Owner/Manager Attachments/ EXHIBITS: 1: Pre-Application Conference Summary 2: Proof of Ownership 3: City of Aspen Forms: a. Land Use Application Form b. Dimensional Requirements Form, and c. HOA Compliance Form 4: Authorization to Represent the Applicant 5: Executed Fee Agreement 6: List of Property Owners within a 300-foot Radius and their Mailing Addresses of Record 7: Copies of Prior Approvals: c. Subdivision and Planned Unit Development Agreement d. Insubstantial Amendment to the Callahan Subdivision and Planned Unit Development Agreement for Lots 12 and 12A MAPS/FIGURES: 1: Vicinity Map (at 814" x 11") 2: Monumented Land and Improvement Survey 3: Callahan Subdivision Final Plat and Development Plan 4. Callahan Subdivision Amended Final Plat and Development Plan 5. Lot Breakdown Map 6. Slope Analysis Plan 7. Allowable Floor Area Analysis 8. Lot 12 Floor Area Calculations 9. Lot 12A Floor Area Calculations 1449 &1452 Crystal Lake Road - Lot Split/PD Amendment Page 12 approvals ,/br the Callahan Subdivision and Planned Unit Development shall remain in full force and effect." The actual PUD approvals and the PUD Agreement still in force and effect did not specify allowable floor areas for Lots 12 or 12A. It is the applicant's position that the allowable FAR for the development rights on Lots 12 and 12A are and should be calculated in accordance with the current Land Use Code. The Applicant now seeks to amend the PUD Agreement in a manner that removes all previous language and approvals that are inconsistent with the current request and any approvals granted in association herewith. Finally, with approval of the proposed amendment, the structure on Lot 12A will no longer be a "guesthouse," thereby rendering the so-called and arguably invalid "Notice of Approval" limiting the guesthouse to a floor area of no more than 2,550 square feet inapplicable. The allowable floor area on Lot 12A will be per the City of Aspen Land Use Code, as is consistent with the terms of the PUD Agreement. As such, the request does not increase floor area. 4. Any proposed changes to the approved dimensional requirements are limited to a technical nature, respond to a design parameter that could not have been jbreseen during the Project Review approval, are within dimensional tolerances stated in the Project Review, or otherwise represents an insubstantial change. No changes to the dimensional requirements of the Callahan Subdivision/PUD are proposed. This PUD was approved in 1976, which was long before he City of Aspen had adopted anything called a Planned Development Project Review or Detailed Review. Clearly the insubstantial amendment now proposed - some 41 years later - were not foreseen during the initial review process. Eliminating the 41-year history of an improvised "guesthouse" restriction to allow Lots 12 and 12A to transact and be regulated as the single-family residential uses for which they were approved represents an insubstantial change. 5. An applicant may not apply for Detailed Review ifan amendment is pending. This standard is inapplicable as the proposed amendment is to a final PUD approval from 1976. Detailed Review is not required. 1449 &1452 Crystal Lake Road - Lot Split/PD Amendment Page 11 HAAS LAND PLANNING, LLC June 5,2017 Ben Anderson, Planner Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: ADU Removal Addendum/Supplement to the 1449-1452 Crystal Lake Drive Lot Split and PD Amendment Application Dear Ben: Please consider this letter as a formal request for an amendment to a development order for an ADU on Lot 12A of the Callahan Subdivision/PD. To the best of our knowledge, and based on the lack of any mention in the title insurance policy for the property, it seems the deed restriction for the unit was never recorded; however, approval for the ADU was memorialized under Aspen Planning and Zoning Commission Resolution No. 48, Series of 2001, dated November 20, 2001, and recorded December 10, 2001 as Reception No. 461624. The applicant would like to vacate the obligation for completing a deed restriction and decommission the accessory dwelling unit. To enable as much, the Applicant will obtain and extinguish 0.38 Category 2 Affordable Housing Certificates. A so-called "guesthouse" for the principal residence on Lot 12 occupies the Lot 12A site, and this guesthouse also includes an ADU. As mentioned in the original application submission, the proposed Lot Split and PD Amendment seeks to separate Lot 12 from the combined Lot 12A and 12A Open Space parcels to allow a standard single-family residence on resulting Lot 12A. The ADU on resulting Lot 12A will be decommissioned, leaving only the single-family residence thereon. Section 26.520.090.C of the Code provides the rules for removing an ADU and states as follows: An amendment application that proposes to physically remove an ADU or Carriage House from a property and vacate the deed restriction may be approved by the Community Development Director if all of the following criteria are met. To remove or decommission a Mandatory Occupancy ADU, the requirements of 26.520.090.B must first be met prior to complying with this subsection. â€¢ 42OE. MAIN STREET, SUITE 10-B â€¢ ASPEN, COLORADO â€¢ 81611 â€¢ â€¢ PHONE: (970)925-7819 â€¢ MITCH@HLPASPEN.COM â€¢ For an ADU or Carriage House developed prior to the adoption of Ordinance No. 35, Series 2015: 1. The applicant shall provide affordable housing mitigation for .38 jitll- time equivalents (FTEs). Mitigation shall be provided at a Category 2 rate prior to issuance of any permit required to accomplish the decommissioning or removal of the unit. This may be provided through extinguishment of a Certificate of Affordable Housing Credit (See Chapter 26.540 - Certificates of Affordable Housing Credit) or by providing a fee-in-lieu payment according to the rates specified in the current Aspen/Piktin County Housing Authority Guidelines, as amended from time to time. (Commentary - The .38 figure reflects a typical ADU being a studio or one-bedroom unit housing 1.5 FTEs with an approximate 25% occupancy. 1.5 x .25 = .375, rounded to .38.) This is not and was never intended to be a Mandatory Occupancy ADU. Therefore, the requirements of 26.520.090.B are not applicable. The applicant will provide affordable housing mitigation for 0.38 FTEs at the Category 2 rate by extinguishing a Certificate of Affordable Housing Credit. 2. The physical changes necessary to remove the ADU/Carriage House have been accomplished and issued a final inspection by the Chief Building Official. (Building permits are required.) Once this has been accomplished, a release of deed restriction, acceptable to the City Attorney, shall be completed and filed with the Pitkin County Clerk and Recorder. The applicant will obtain a building permit to decommission the ADU by removing the kitchen and remodeling the space in a manner allowed by the Land Use Code and the applicable Building Codes. The applicant understands that a final inspection by the Chief Building Officer must be issued before a release of the deed restriction requirement can be filed with the Clerk and Recorder. It is hoped that the provided information and responses prove helpful in the review o f this addendum/supplement to the pending application. If you should have any questions or desire any additional information, please do not hesitate to contact me. Truly yours, Haas Land Planning, LLC --4 Illy /vur: 2131 Mitch Haas Owner/Manager 121 E. Hyman ADU Removal Request Page 2 F 0016Â·1011 P - (,4 HAAS LAND PLANNING, LLC RECEIVED February 9, 2017 MAR 2 7 2017 Ms. Jessica Garrow CITY OF ASPEN Aspen Community Development Department Director COAMJNITY DEVELOPMENT 130 South Galena Street Aspen, CO 81611 RE: Minor Subdivision (Lot Split) and Minor PD Amendment Request for 1449/1452 Crystal Lake Road (Lot 12/12A, Callahan Subdivision, PID# 2737-181-32-012) Dear Jessica: Please consider this letter and the attached exhibits and maps/figures to represent a formal request for a minor subdivision/lot split and a minor amendment to a PD Project Review approval for the property located at 1449/1452 Crystal Lake Road. This application is submitted by Haas Land Planning, LLC, and Genshaft Cramer LLP on behalf of the property owners, Barbara Fleck as to an undivided fifty percent (50%) interest and Aaron Fleck as to an undivided fifty percent (50%) interest in the Lots (collectively, "Owner"). Authorization to represent Owner is provided herewith as Exhibit 4. As required and for the reviewer's convenience, the following exhibits and maps/figures are attached to this application: EXHIBITS: 1: Pre-Application Conference Summary 2: Proof of Ownership 3: City of Aspen Forms: a. Land Use Application Form b. Dimensional Requirements Form, and c. HOA Compliance Form 4: Authorization to Represent the Applicant 5: Executed Fee Agreement 6: List of Property Owners within a 300-foot Radius and their Mailing Addresses of Record 7: Copies of Prior Approvals: a. Subdivision and Planned Unit Development Agreement b. Insubstantial Amendment to the Callahan Subdivision and Planned Unit Development Agreement for Lots 12 and 12A â€¢ 420 E. MAIN STREET, SUITE 10-B â€¢ ASPEN, COLORADO â€¢ 81611 â€¢ â€¢ PHONE: (970)925-7819 â€¢ MITCH@HLPASPEN.COM â€¢ ' MAPS/FIGURES: 1: Vicinity Map (at 81/2" X 11") 2: Monumented Land and Improvement Survey 3: Callahan Subdivision Final Plat and Development Plan 4. Callahan Subdivision Amended Final Plat and Development Plan 5. Lot Breakdown Map 6. Slope Analysis Plan 7. Allowable Floor Area Analysis 8. Lot 12 Floor Area Calculations 9. Lot 12A Floor Area Calculations The subject properties are legally described as Lots 12 and 12A, Callahan Subdivision, according to the Map thereof recorded May 19, 1976 in Plat Book 5 at Page 7, and Amended Plat thereof recorded August 17, 1997 in Plat Book 6 at Page 16, Pitkin County, Colorado. Said subdivision and planned development was approved in 1976. This approximately 1.9-acre property contains a single- family home and a "guest house" located on the opposite side of Crystal Lake Road. It is zoned R-15/ PD, Moderate-Density Residential with a Planned Development Overlay, and its Parcel Identification Number is 2737-181-32-012. See Vicinity Map below and at Maps/Figures 1. *&429'F#jillillinaliliallilillililialili.1 Â·WisTVILW R â‚¬ "'L ,& 3 11*40 9 ha. E $ -.:.r- - 1'2 24 L i 26% l. 6 I I ,. 22. 5â€ž e - 4260 ; Â· 00-Zi - Vicinity Map - - Lots 12 and 12A, Callahan Subdivision (1449 & 1452 Crystal Lake Road) - 1449 &1452 Crystal Lake Road - Lot Split/PD Amendment Page 2 As a review of the vicinity map and the attached copies of the Subdivision Plat indicate, Lots 12 and 12A are physically separated by Crystal Lake Road, and the lots operate separately and distinctly from one another. There is actually another single-family home located between the Lot 12 house and the Lot 12A "guesthouse; the intervening single-family home is located in a separate subdivision (The Stillwater Subdivision) and within a wholly different governmental jurisdiction (unincorporated Pitkin County) than the subject properties. Furthermore, not only are Lots 12 and 12A physically and functionally distinct and separate from one another, but there is no reason that they need to be treated as a single lot and we believe it makes a great deal more sense from both the Owner's perspective and the City's perspective to separate these lots. The term "guesthouse" is completely unregulated in the City of Aspen Land Use Code and undefined in the site-specific approvals. The only language that may be construed as a prohibition from selling Lots 12 and 12A separately is from the original 1976 PUD Agreement and provides that Lots 12 and 12A "are collectively designated as a single-family lot." As such, the guesthouse can be rented out on a long-term basis, serving the same purposes and generating the same impacts as an unrestricted single-family home but providing the City with none of the potential benefits associated with that use, such as but not necessarily limited to separate/additional property taxes, potential Real Estate Transfer Taxes, or separate and distinct employee mitigation requirements. In 1976, when the Callahan Subdivision was approved, twelve (12) lots were designated for single-family use, as well as one duplex lot, two townhome lots, and one open space lot (see Exhibit A of the PUD Agreement and the Plat). Additionally, there were three lots established for the Aspen Club facilities and a lot for an office building. As such, there were and still remain twelve (12) original single-family residential development rights associated with the subdivision. Nevertheless, only eleven (11) single-family lots were developed in the Callahan Subdivision. Lots 12 and 12A were both approved as single-family lots and given designated building envelopes; however, and notwithstanding that Exhibit A of the PUD Agreement expressly provides that Lots 12 and 12A are two distinct parcels, there is wording in subsection 1(g) of the PD Agreement that states as follows: "Lots 12 and 12A are collectively designated as a single-family lot. Lot 114 is the guesthouse jbr Lot 12." Accordingly, there remains one unused single-family residential development right associated with the subdivision, which right can be used to legally separate Lots 12 ands 12A. While the language of PUD Agreement at subsection 1(g) and at Exhibit A may appear in conflict it is important to understand that the original subdivider of 1449 &1452 Crystal Lake Road - Lot Split/PD Amendment Page 3 the Callahan Subdivision planned to retain ownership of Lots 11, 12 and 12A (see last sentence of Section 1.I of the PUD Agreement) and included the language about a guesthouse on 12A as a way of ensuring his private property rights. That is, the Aspen Land Use Code at the time (circa 1976) had no definition for the term "guesthouse" (or for single family home), but defined "dwelling unit" as any structure "intended or designedfor occupancy by a family or guests independent Of other jamilies or guests." He sought to include the language merely to clarify that Lot 12A was approved for use as a guesthouse for Lot 12 as benefit to the lot not as a restriction. In other words, the language was never imposed on the subdivider by the City and had no purpose relative to the promotion of the public health, safety or welfare. In September of 2000, the Community Development Director issued a "Notice of Approval" that discusses the meaning of subsection 1 (g) of the PD Agreement. However, this Notice of Approval purports to constitute an "insubstantial" amendment to the PUD Agreement yet it was not executed by any of the subdivision lot owners, nor was it approved by City Council. Nevertheless, the Notice of Approval states that Lots 12 and 12A of the Callahan Subdivision/PUD are collectively designated as a single*mily lot with the following restrictions and clarifications: 1) Lot 12A is the guesthousefor Lot 12. 2) Lots 12 and 12A must always be sold together. 3) The home on Lot 12 can contain no more than 6,731 square ./ket offloor area. The guesthouse can contain no more than 2,550 square feet offloor ftreft. This allowed floor area jor each use was determined using the current (2000) City of Aspen definition for how floor area is calculated. Any jilture changes to how floor area is calculated shall not impact the maximum allowed floor area for these two uses, the single fhmily home and the guesthouse. 4) Both homes will be built within their respective building envelopes designated on Page 3 of the Callahan Subdivision Development Plan. 5) An Accessory Dwelling Unit (ADU) can be located within the guesthouse. 6) All provisions of the City of Aspen's Land Use Code shall be applied to Lots 12 and 12A as one parcel, unless othenvise stated in this amendment. 7) Lots 12 and 12A will be considered as one lot for the purposes ofapplying the Secondary Mass Design Review Standard. The guesthouse can serve as the secondary mass elementfbr the main residence. The "Notice of Approval" for an Insubstantial PUD Amendment for Lots 12 and 12A states that the home on Lot 12 can contain no more than 6,731 square feet of 1449 &1452 Crystal Lake Road - Lot Split/PD Amendment Page 4 floor area and that the guesthouse can contain no more than 2,550 square feet of floor area. This FAR matched the structure that was (and is still) on Lot 12A, thereby giving an FAR blessing to what was already there. This FAR restriction does not correlate with the Code in effect in either 1976, 2000 or today. The "Notice of Approval" is believed to be invalid. It was not "insubstantial" in affect as it would result in a material amendment of the PUD Agreement establishing for the first time permanent FAR restrictions for the lots. Furthermore, the so-called amendment was not appropriately completed since the City Council, the subdivider, or a majority of the subdivision lot owners did not execute it. The Notice of Approval also stated that "All prior City of Aspen approvals jor the Callahan Subdivision and Planned Unit Development shall remain in full force andefect." The actual PUD approvals and the PUD Agreement still in force and effect did not specify allowable floor areas for Lots 12 or 12A. It is the applicant's position that the allowable FAR for the development rights on Lots 12 and 12A are and should be calculated in accordance with the current Land Use Code. The Applicant now seeks to amend the PUD Agreement in a manner that removes all previous language and approvals that are inconsistent with the current request and any approvals granted in association herewith. The applicant is also requesting a minor subdivision (lot split) to designate Lots 12 and 12A as separate parcels. Each of the resulting lots will meet the underlying zoning requirements. The applicant believes it has the consent of the HOA to amend any language in the PUD approvals and the PUD Agreement that would be in contradiction to Lots 12 and 12A being two separate single- family residential parcels. There are no benefits to the public or the City of Aspen in keeping Lots 12 and 12A one parcel. Once the lot split is approved, the City would collect taxes on two lots instead of just one. Additionally, if and when either property is sold or re-sold the City would receive Real Estate Transfer Taxes on each property. Finally, there would be separate affordable housing mitigation requirements exacted if and when either property is redeveloped. With approval of the proposed minor subdivision and insubstantial PD amendment the 41-year history of an improvised "guesthouse" regulation will be ended and replaced with the currently adopted land use codes that were actually vetted through public process. The amended PD Agreement will remove all previous language and approvals that are inconsistent with the current request and any approvals granted in association herewith will be consistent with current City of Aspen land use regulations. 1449 &1452 Crystal Lake Road - Lot Split/PD Amendment Page 5 Section 26.480.060(A): Minor Subdivision - Lot Split Per the attached Pre-Application Conference Summary, Code Section 26.480.060.A provides the applicable review criteria for this minor subdivision (lot split) request. The standards for approval are enumerated below in italicized text and each is followed by a response demonstrating compliance and/ or consistency therewith, as applicable. A. Lot Split. 7-he subdivision of a lot for the purpose of creating one additional development parcel shall be approved, approved with conditions, or denied by the City Council, pursuant to Section 26.480.030 - Procedures for Review, according to the */bllowing standards: 1. The request complies with the requirements of Section 26.480.040, General Subdivision Review Standards. The proposed lot split for purposes of separating two development parcels fully complies with the requirements of Section 26.480.040, as demonstrated below. 2. No more than two lots are created by the lot split. No more than one lot split shall occur on any onefathering parcel. The lot split will create only two lots. Lots 12 and 12A of the Callahan Subdivision has never before been the subject of a lot split, nor will either resulting lot be further divided in the future. 3. The Lot Split Plat shall be reviewed and recorded in the o#ice of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 - Approval Documents. No subdivision agreement need be prepared or entered into between the applicant and the City unless the Community Development Director determines such an agreement is necessary. The applicant understands this standard and will comply as needed. While no subdivision agreement is required, the applicant will complete an Amended PD Agreement for the City's review and recordation. The applicant will pay all required recording fees. As mentioned above, Code Section 26.480.040 provides the general subdivision review standards. The criteria are listed below in italicized text and each is followed by a response demonstrating compliance and/or consistency therewith, as applicable. A. Guaranteed Access to a Public Way. All subdivided lots must have perpetual unobstructed legal vehicular access to a public way. A proposed subdivision shall not 1449 & 1452 Crystal Lake Road - Lot Split/PD Amendment Page 6 eliminate or obstruct legal vehicular access ftom a public way to an adjacent property. All streets in a Subdivision retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. Both lots have and will continue to have perpetual, unobstructed legal vehicular access to Crystal Lake Road, a public way. The subdivision will not obstruct legal vehicular access from a public way to any adjacent lots. Adequate public and emergency access to the proposed lots exists and will remain unchanged. There will be no security or privacy gates across access points or driveways. B, Alignment with Original Townsite Plat. The proposed lot lines shall approximate, to the extent practical, the platting of the Original Aspen Townsite, and additions thereto, as applicable to the subject land. Minor deviations .#om the original platting lines to accommodate sign(ficant#atures of the site may be approved. The proposed subdivision is not within the original Aspen Townsite. The Callahan Subdivision/PUD, within which the subject property resides, was created pursuant to the Final Plat and Development Plan recorded in May of 1976, in Book 5 at Page 7. The proposed lot line matches the platting of the original Callahan Subdivision/PUD inasmuch as Lots 12 and 12A (along with the "Open Space for Lot 12A") will remain configured as they are today, but with the physical barrier of the Crystal Lake Road right-of-way forming the lot line that actually separates the two properties. Lot 12A and the platted "Open Space for Lot 12A" will continue to reside along both sides of Crystal Lake Road. C. Zoning Confbrmance. All new lots shall con-fbrm to the requirements of the zone district in which the property is situated, including variations and variances approved pursuant to this Title. A single lot shall not be located in more than one zone district unless unique circumstances dictate. A rezoning application may be considered concurrently with subdivision review. Both of the lots resulting from the subdivision have been designed to conform to the requirements of the R-15 Zone District and remain fully consistent with the Callahan Subdivision/PUD. The lots will remain within only one zone district without the need for a rezoning. The front yard setback (from Crystal Lake Road) of the existing residence on Lot 12A will be 43.4 feet the side yard setbacks will be 33.5 feet and 28.5 feet (from Highway 82 and Lot 10, respectively), and there would be no applicable rear yard setback at the two side property lines adjoin to form a triangular lot shape. Nevertheless, the distance from the home to the pedestrian bridge near the rear of the lot is well in excess of R-15 rear yard setback requirements. The location of 1449 &1452 Crystal Lake Road - Lot Split/PD Amendment Page 7 I 1 the existing improvements on Lot 12A relative to these lot lines and the Crystal Lake Road right-of-way will not change as a result of the proposed minor subdivision/lot split. The existing residence on Lot 12 sits 18.5 feet from the nearest portion of the lot line to the north, 87.8 feet from the southerly lot line, 90.6 feet from the westerly lot line, and more than 50 feet from the easterly property line. Alone, the flagpole portion of Lot 12 connecting it with Crystal Lake Road has a length of nearly 280 feet. The location of the existing improvements on Lot 12 relative to these lot lines and the Crystal Lake Road right-of-way will not change as a result of the proposed minor subdivision/lot split. As proposed Lot 12 will maintain a lot size of 63,703 square feet with a net lot area of 55,859.50 square feet after slope reductions. Lot 12A will maintain a lot size of approximately 19,366 square feet with a net lot area of approximately 12,276 square feet after slope reductions; combined with the platted "Open Space for Lot 12A" parcel, the lot will have a total size of 28,616 square feet with a combined net lot area of 18,460 square feet after slope reductions. Slope reductions affect only allowable FAR and have no bearing on minimum lot size, or density requirements or limitations. Lot 12A will have a lot width (measured at the front yard setback line along Crystal Lake Road) of greater than 60 feet and Lot 12 will have a lot width consistent with the PD. The result will be two conforming lots of record in the R-15/PD zone district and no rezoning or variances are necessary. D. Existing Structures, Uses, and Non-Conformities. A subdivision shall not create or increase the non-conformity of a use, structure or parcel. A rezoning application or other mechanism to correct the non-conforming nature Of a use, structure, or parcel may be considered concurrently. In the case where an existing structure or use occupies a site eligible ./br subdiuision, the structure need not be demolished and the use need not be discontinued prior to applicationjor subdivision. If approval of a subdivision creates a non-conforming structure or use, including a structure spanning a parcel boundary, such structure or use may continue until recordation of the subdivision plat. Alternatively, the City may accept certain assurance that the non-conformities will be remedied after recordation of the subdivision plat. Such assurances shall be rejlected in a development agreement or other legal mechanism acceptable to the City Attorney and may be time-bound or secured with ajinancial surety. 1449 &1452 Crystal Lake Road - Lot Split/PD Amendment Page 8 The subdivision will not create or increase the non-conformity of a use, structure or parcel. No actual development or alterations to existing structures are proposed as part of this application. Section 26.445.110(D): Minor Amendment to a Project Review Approval (Insubstantial Amendment to a Planned Development) Code Section 26.445.110.A, states that an Insubstantial Amendment to a Planned Development may be authorized by the Community Development Director, subject to the following conditions: 1. The request does not change the use or character of the development. The use and character of the development will not change. The property use and character are and will remain that of two single-family residences. The "guesthouse" on Lot 12A can be rented out long-term to a family or any other type of residential tenant. The "guesthouse" is not physically, operationally, or functionally ancillary, incidental, or accessory to the house on Lot 12. The only thing that will change will be the ability for that lot/residence to be sold separately from the residence on Lot 12, and this will have no affect whatsoever on the use or character of the development. 2. 7-he request is consistent with the conditions and representations in the project's original approval, or otherwise represents an insubstantial change. As explained earlier, Lots 12 and 12A were both approved as single-family lots and given designated building envelopes; however, and notwithstanding that Exhibit A of the PUD Agreement expressly provides that Lots 12 and 12A are two distinct parcels, there is wording in subsection 1(g) of the PUD Agreement that states as follows: "Lots 12 and 12A are collectively designated as a single-family lot. Lot 114 is theguesthousejbr Lot 12." While the language of PUD Agreement at subsection 1(g) and at Exhibit A may appear in conflict, it is important to understand that the original subdivider of the Callahan Subdivision planned to retain ownership of Lots 11, 12 and 12A (as provided in the last sentence of Section 1.I of the PUD Agreement) and included the language about a guesthouse on 12A as a way of ensuring his private property rights. That is, the Aspen Land Use Code at the time (circa 1976) had no definition for the term "guesthouse" (or for single family home), but defined "dwelling unit" as any structure "intended or designed for occupancy by a jhmily or guests independent Of other families or guests." He sought to include the language merely to clarify that Lot 12A was approved for use as a guesthouse for Lot 12 as 1449 &1452 Crystal Lake Road - Lot Split/PD Amendment Page 9 benefit to the lot, not as a restriction. In other words, the language was never imposed on the subdivider by the City and had no purpose relative to the promotion of the public health, safety or welfare. Separating the two lots by means of a minor subdivision approval so as to allow their separate transaction is consistent with the original approvals, which provided for twelve (12) single-family residential lots, with said lot being designated as Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12 and 12A (Lot 10 was separately reserved as a Duplex Lot). The single-family residential development right was in place and separately designated for use on Lot 12A. The so-called guesthouse" restriction has no practical meaning under the terms of the original approvals, the PUD Agreement, or the Aspen Land Use Code then or now in effect. For these reasons as well as those stated throughout this application, the proposed amendment is not only consistent with the conditions and representations in the project's original approval, but the proposed amendments also represent an insubstantial change. Furthermore, the HOA is supportive of the amendment. 3. 77ze request does not require granting a variation #om the project' s allowed use(s) and does not request an increase in the allowed height orfloor area. The approved use(s) of the project include single-family residential use on both Lots 12 and 12A and the proposed amendment does not seek to change this. No changes are requested to the allowed building heights, as they PUD approvals do not specify height limits and instead default to the requirements of the City's underlying R-15 zoning. The amended plan will continue to be subject to the height and other zoning requirements of the underlying zone district. The City of Aspen-issued "Notice of Approval" for an Insubstantial PUD Amendment for Lots 12 and 12A, dated September 1, 2000 and recorded at Reception No. 447163, states that the home on Lot 12 can contain no more than 6,731 square feet of floor area and that the guesthouse can contain no more than 2,550 square feet of floor area. This FAR matched the structure that was (and is still) on Lot 12A, thereby giving an FAR blessing to what was already there. This FAR restriction does not correlate with the Code in effect in either 1976, 2000 or today. The "Notice of Approval" is believed to be invalid. It was not "insubstantial" in affect as it would result in a material amendment of the PUD Agreement establishing for the first time permanent FAR restrictions for the lots. Furthermore, the so-called amendment was not appropriately completed since the City Council, the subdivider, or a majority of the subdivision lot owners did not execute it. The Notice of Approval also stated that, "All prior City of Aspen 1449 &1452 Crystal Lake Road - Lot Split/PD Amendment Page 10 ... approvals for the Callahan Subdivision and Planned Unit Development shall remain in full force and ejfect." The actual PUD approvals and the PUD Agreement still in force and effect did not specify allowable floor areas for Lots 12 or 12A. It is the applicant's position that the allowable FAR for the development rights on Lots 12 and 12A are and should be calculated in accordance with the current Land Use Code. The Applicant now seeks to amend the PUD Agreement in a manner that removes all previous language and approvals that are inconsistent with the current request and any approvals granted in association herewith. Finally, with approval of the proposed amendment, the structure on Lot 12A will no longer be a "guesthouse," thereby rendering the so-called and arguably invalid "Notice of Approval" limiting the guesthouse to a floor area of no more than 2,550 square feet inapplicable. The allowable floor area on Lot 12A will be per the City of Aspen Land Use Code, as is consistent with the terms of the PUD Agreement. As such, the request does not increase floor area. 4. Any proposed changes to the approved dimensional requirements are limited to a technical nature, respond to a design parameter that could not have been fbreseen during the Project Review approval, are within dimensional tolerances stated in the Project Review, or othenvise represents an insubstantial change. No changes to the dimensional requirements of the Callahan Subdivision/PUD are proposed. This PUD was approved in 1976, which was long before he City of Aspen had adopted anything called a Planned Development Project Review or Detailed Review. Clearly the insubstantial amendment now proposed - some 41 years later - were not foreseen during the initial review process. Eliminating the 41-year history of an improvised "guesthouse" restriction to allow Lots 12 and 12A to transact and be regulated as the single-family residential uses for which they were approved represents an insubstantial change. 5. An applicant may not applyfor Detailed Review ifan amendment is pending. This standard is inapplicable as the proposed amendment is to a final PUD approval from 1976. Detailed Review is not required. 1449 &1452 Crystal Lake Road - Lot Split/PD Amendment Page 11 .... U J It is hoped that the provided information and responses prove helpful in the 1\ review of this application. If you should have any questions or desire any additional information, please do not hesitate to contact Haas Land Planning, LLC or Genshaft Kramer, LLP Truly yours, Haas Land Planning, LLC 1/1 j A 9 Mitch Haas Owner/Manager Attachments/ EXHIBITS: 1: Pre-Application Conference Summary 2: Proof of Ownership 3: City of Aspen Forms: a. Land Use Application Form b. Dimensional Requirements Form, and c. HOA Compliance Form 4: Authorization to Represent the Applicant 5: Executed Fee Agreement 6: List of Property Owners within a 300-foot Radius and their Mailing Addresses of Record 7: Copies of Prior Approvals: c. Subdivision and Planned Unit Development Agreement d. Insubstantial Amendment to the Callahan Subdivision and Planned Unit Development Agreement for Lots 12 and 12A MAPS/FIGURES: 1: Vicinity Map (at 81/2" X 11") 2: Monumented Land and Improvement Survey 3: Callahan Subdivision Final Plat and Development Plan 4. Callahan Subdivision Amended Final Plat and Development Plan 5. Lot Breakdown Map 6. Slope Analysis Plan 7. Allowable Floor Area Analysis 8. Lot 12 Floor Area Calculations 9. Lot 12A Floor Area Calculations 1449 &1452 Crystal Lake Road - Lot Split/PD Amendment Page 12 RECEIVED 00-22 29 1 7 ..Af ,A EXHIBIT MAR 2 7 2017 i CITY OF ASPEN CITY OF ASPEN COMMUNITY DEVELOPMENT PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429-2759 DATE: 11/19/16 PROJECT: 1449/1452 Crystal Lake Rd., Callahan Subdivision (Lot 12/12-A) REPRESENTATIVE: Ben Genshaft REQUEST: Planned Development - Minor Amendment to a Project Review approval, Minor Subdivision - Lot Split DESCRIPTION: The Callahan Subdivision when approved included 12 single family lots, one duplex lot, two townhome lots and one open space lot. As well, three lots were established for the Aspen Club facilities and a lot for an office building. The Callahan Subdivision was approved in 1976 (Plat Book 5, Pages 7-10). At the time of the subdivision Lots 12 and 12-A were approved but the language within the Subdivision and Planned Unit Development Agreement included language that can be interpreted to mean that they are not legally separated parcels: "Lots 12 and 12-A are collectively designated as a single-family lot. Lot 12-A is the guesthouse for Lot 12." The owner is interested in having Lot 12 and 12-A be designated as separate lots. An amendment b the Planned Development (PD) is required to amend the conditions imposed on Lots 12 and 12-A with the development agreement and a lot split will allow the creation of an additional lot. The applicant will need to provide consent from the HOA to amend the PD and will also need to show that the proposed two lots meet underlying zone district requirements (including lot size, existing floor area on the site, setbacks, etc.) Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www.aspenpitkin.com/Portals/0/docs/businessnav/ApprovaltoDevelop/Land%20Use%20Application%20Form.p df Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26-Land-Use-Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.445.110 (D) Minor Amendment to a Project Review approval RECEIVED 26.480.060 (A) Lot Split MAR 2 7 2017 Review by: Staff for complete application CITY OF + rÂ·ZN City Council CO;NUNITY DEVELOPMENT Public Hearing: Yes at City Council Total Deposit: $4,550.00 Planning Deposit (14 hours) (additional planning hours over deposit amount are billed at a rate of $325/hour) To apply, submit the following information: D Completed Land Use Application and signed fee agreement. 0 Pre-application Conference Summary (this document). ASLU PD AMENDMENT/Subdivision PID: 273718132012 1 1.1 Il Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 0 Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. O HOA Compliance form (Attached). Also include a letter from the HOA consenting to the request. 0 A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. Include documentation that the proposed two lots will be conforming lots of record and meet underlying zone district requirements. Â¤ A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. In addition to a survey, a draft subdivision plat should be provided. O Written responses to all review criteria. Il An 81/2"by 11" vicinity map locating the parcel within the City of Aspen. O 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: Â¤ 2 Copies of the complete application packet and, if applicable, 2 copies associated drawings (scaled) 1 Total deposit for review of the application. 0 A digital copy of the application provided in pdf file format. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 2 EXHIBIT la American Land Title Association ALTA Co - El A First American Title Insurance Co. Commitment Number: 15003405 SCHEDULE A 1. Effective Date: March 20, 2017 at 07:45 AM 2. Policy or Policies to be issued: Amount Premium A. ALTA Own. Policy (06/17/06) Proposed Insured: TBD Certificate of Taxes Due $ 0.00 Endorsements: Additional Charges: $ 0.00 Total $ 3. The estate or interest in the land described or referred to in this Commitment is Fee Simple. 4. Title to the Fee Sim pie estate or interest in the land is at the Effective Date vested in: Barbara Fleck as to an undivided Fifty Percent (50%) interest and Aaron Fleck as to an undivided Fifty Percent (50%) interest 5. The land referred to in the Commitment is described as follows: SEE EXHIBITAATTACHED HERETO For informational purposes only, the property address is: 1449 & 1452 Crystal Lake Road, Aspen, Colorado 81611 Attorneys Title Insurance of Aspen, LLC By: Authorized Officer or Agent FOR INFORMATION OR SERVICES IN CONNECTION WITH THIS COMMITMENT, CONTACT: Winter T. Van Alstine, 715 W Main Street, Suite 305, Aspen, Colorado 81611, Phone:: (970) 925-7328, Fax: (970) 925-7348. THIS COMMIâ„¢ENT [S ISSUED SUBJECTTO THE STATEMENT OF TERMS, CONDITIONS AND STIPULATIONS ATTACHED. Copyright 2006-2009 American Land Title Association. All rights reserved. = AME RUCAN The use of this Form is restrided to ALTA licensees and ALTA members in good standing as of the date of use. LAND TITLE All other uses are prohibited. Reprinted under license from the American Land Title Assodation. ASSOCIATION (15003405.PFD/15003405/24) American Land Title Association ALTA Commitment Form Adopted 6-17-06 First American Title Insurance Co. Commitment Number: 15003405 SCHEDULE B 1. Requirements: 1. Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. 2. Pay us the premiums, fees and charges for the policy. 3. Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. 4. You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. 5. Payment of all taxes, charges and assessments, levied and assessed against the subject premises which are due and payable. 6. A Certification of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasu rer oran authorized agent (pursuant to Senate Bill 92-143, CRS 10-11-122). 7. Receipt by the Company of the appropriate affidavit as to new construction and indemnifying the Company against any unfiled materialmen's or mechanic's liens. 8. Warranty Deed must be sufficient to convey the fee simple estate or interest in the land described or referred to herein, from Barbara Fleck as to an undivided Fifty Percent (50%) interest and Aaron Fleck as to an undivided Fifty Percent, to TBD, the proposed insured, Schedule A, item 2A. NOTE: C. R. S. Section 38-35-109(2) required that a notation of the purchaser's legal address, (not necessarily the same as the property address) be included on the face of the Deed to be recorded. 9. Release of the Deed of Trust (Revolving Credit) from Barbara Fleck to the Public Trustee of Pitkin County for the benefit of DB Private Wealth Mortgage Ltd., to secure an indebtedness in the principal sum of $1,600,000.00, and any other amounts and/obligations secured thdreby, dated February 24,2009, and recorded March 2,2009, as Reception No. 556834. 10. Release of the Short Form Open-End Deed of Trust from Barbara Fleck, a Married Woman, as to an undivided 50% interest and Aaron Fleck, a Married Man, as to an undivided 50% interest, as Tenants in Common, to the Public Trustee of Pitkin County for the benefit of Wells Fargo Bank, N.A., to secure an indebtedness in the principal sum of $945,000.00, and any other amounts and/obligations secured thereby, dated August 15,2014, and recorded August 27, 2014, as Reception No. 612967. Copyright 2006-2009 American Land Title Association. All rights reserved. - AMERICAN LAND TITLE The use of this Form is restricted to ALIA licensees and ALTAmembers ASSOCIATION in good standing as of the date of use. All other uses are prohibited. ,~~ Reprinted under license from theAmerican Land Title Assodation. (15003405.PFD/15003405/25) American Land Title Association ALTA Commitment Form Adopted 6-17-06 Commitment Number: 15003405 SCHEDULE B (Continued) 11 Release of the Deed of Trust from Barbara Fleck and Aaron Fleck, as their Interests may appear, to the Public Trustee of Pitkin County for the benefit of BNY Mellon, N.A., to secure an indebtedness in the principal sum of $1,400,000.00, and any other amounts and/obligations secured thereby, dated February 3, 2017, and recorded February 9, 2017, as Reception No. 636030. 12. Additional Requirements may be included once the name of the Buyer is provided. 13. Evidence to the Company that al[ assessments and liens due under the Declaration referred to in Schedule B have been paid. 14. Improvement Survey Plat sufficient in form, content and certification acceptable to the Company. Exception will be taken to adverse matters disclosed thereby. 15. This Title Commitment is subject to underwriter approval. 2. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 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 Land would disclose, and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown in the Public Records. 5. Any and all unpaid taxes, assessments and unredeemed tax sales. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 7. Taxes and assessments for the year 2016 and 2017, and subsequent years, a lien not yet due or payable. Copyright 2006-2009 American Land Title Association. All rights reserved. I.I../.Ill AMERICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALIA members ASSOCIATION in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. (15003405.PFD/15003405/25) American Land Title Association ALTA Commitment Form Adopted 6-17-06 Commitment Number: 15003405 SCHEDULE B (Continued) 8. Reservations and exceptions as set forth in the United States Patent dated October 18, 1894, and recorded June 17, 1894, in Book 175 at Page 246, as Reception No. 096480, reciting the following: FIRST That the grant hereby made is restricted in its exterior limits to the boundaries of the said mining premises, and to any veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits, which may have been discovered within said limits subsequent to and which were not known to exist on the twenty-third of March, A.D., one thousand eight hundred and eighty-five. SECOND: That should any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits, be claimed or known to exist within the above-described premises at said last-named date, the same is expressly excepted and excluded from these presents. THIRD: That the premises hereby conveyed may be entered by the proprietor of any vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits, for the purpose of extracting and removing the ore from such vein or lode, should the same, or any part thereof, be found to penetrate, intersect, pass through, or dip into the mining ground or premises hereby granted. FOURTH: That the premises hereby conveyed shall be held subject to any vested and accrued water rights for mining, agricultural, manufacturing, or other purposes, and rights to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by the local laws, customs, and decisions of courts. FIFTH: That in the absence of necessary legislation by Congress, the Legislation of Colorado may provide rules for working the mining claim or premises hereby granted, involving easements, drainage, and other necessary means to the complete development thereof. 9. Right of way for ditches or canals constructed by the authority of the United States, as described in the United States Patent dated August 21, 1911, and recorded December 14, 1911, in Book 55 at Page 196, as Reception No. 075121. 10. Any and all notes, easements and recitals as disclosed on the recorded Final Plat and Development Plan Callahan Subdivision Plat recorded May 19, 1976, in Plat Book 5 at Page 7, as Reception No. 183889, and Amended Final Plat and Development Plan of Callahan Subdivision, recorded August 17,1977, in Plat Book 6 at Page 16, as Reception No. 196746. 11. Terms, condiljons, provisions, agreements and obligations specified under the Subdivision and Planned Unit Development Agreement, Callahan Subdivision, dated May 13, 1976, and recorded May 19,1976, in Book 312 at Page 110, as Reception No. 183890, and Notice dated April 29, 1977, and recorded April 29,1977, in Book 328 at Page 79, as Reception No. 194018. 12. Terms, condiuons, provisions, agreements and obligations specilied under the Agreement dated April 8,1976, and recorded May 19, 1976, in Book 312 at Page 169, as Reception No. 183912. 13. Terms, condibns, provisions, agreements and obligations specified under the Reciprocal Easement Grant dated May 19, 1976, and recorded May 19, 1976, in Book 312 at Page 196, as Reception No. 183919. 14. Terms, condmons, provisions, agreements and obligations specified under the Easement Grant, dated June 24,1977, and recorded August 17, 1977, in Book 333 at Page 727, as Reception No. 196750. Copyright 2006-2009 American Land Title Association. All rights reserved. - AMERICAN LAND TTTLE The use of this Form is restricted to ALTA licensees and ALIA members ASSOCIATION in good standing as of the date of use. Alother uses are prohibited. Reprinted under license from the American Land Title Assodation. (15003405.PFD/15003405/25) American Land Title Association ALTA Commitment Form Adopted 6-17-06 Commitment Number: 15003405 SCHEDULE B (Continued) 15. Terms, condi~ons, p rovisions, ag reements and obligations specified under the Easement Grant dated March 31,1988, and recorded March 31, 1988, in Book 560 at Page 59, as Reception No. 298727. 16. Terms, condilions, provisions, agreements and obligations specmed under the Bargain and Sale Deed dated December 25, 1993, and recorded December 30, 1993, in Book 737 at Page 62, as Reception No. 365142, and in the Bargain and Sale Deed dated January 14,1994, and recorded January 18, 1994, in Book 739 at Page 159, as Reception No. 365904, and in the Bargain and Sale Deed dated January 14,1994, and recorded January 18, 1994, and in the Book 739 at Page 156, as Reception No. 365903, and in the Bargain and Sale Deed dated February 16,1994, and in the Book 742 at Page 80, as Reception No. 367048, and in the Bargain and Sale Deed dated March 15, 1996, and recorded March 15, 1996, as Reception No. 390847, and in the Bargain and Sale Deed dated August 5, 1998, and recorded August 12,1998, as Reception No. 420626, and Agreement Terminating Obligations and Restrictions on Lot 12, Callahan Subdivision, dated May 6,1998, and recorded May 6, 1998, as Reception No. 416544. 17. Terms, conditions, provisions, agreements and obligations specified under the Protective Covenants for Stillwater Ranch Subdivision / PUD, dated December 30,1994, and recorded December 30, 1994, in Book 770 at Page 796, as Reception No. 377682, and Resolution of Amendment to the Protective Covenants for Stillwater Ranch Subdivision/PUD, dated May 19, 1999, and recorded June 1, 1999, as Reception No. 431661. 18. Any and all notes, easements and recitals as disclosed on the recorded Stillwater Ranch Subdivision / RU.D. Plat, recorded December 30, 1994, in Plat Book 35 at Page 86, as Reception No. 377681. 19. Terms, condiuons, provisions, agreements and obligations specified under the Bargain and Sale Deed dated March 30,1995, and recorded March 31, 1995, in Book 777 at Page 500, as Reception No. 380174. 20. Terms, conditions, provisions, agreements and obligations specilied under the Driveway Easement Agreement, dated September 3, 1998, and recorded September 3,1998, as Reception No. 421520. 21. Any and all notes, easements and recitals as disclosed on the recorded Stillwater Ranch Subdivision, Lot 5, Annexation Plat, recorded August 7, 1997, in Plat Book 43 at Page 35, as Reception No. 407093. 22. Terms, conditions, provisions, agreements and obligations specmed under the Resolution of Amendment to the Protective Covenants for Stillwater Ranch Subdivision / PUD, dated December 9,1998, and recorded December 10,1998, as Reception No. 425355. 23. Terms, condiaons, provisions, agreements and obligations specified under the Reciprocal Pedestrian EasementAgreement, dated December 10,1998, and recorded December 10,1998, as Reception No. 425356. Copyright 2006-2009 American Land TitleAssociation. All rights reserved. AMERICAN LAND TITLE The use of this Form is restricted to ACTA licensees and ALIA members ASSOCIATION in good standing as of the date of use. All other uses are prohibited. rlf- Reprinted under license from the American Land Title Assodation. \ (15003405.PFD/15003405/25) Ga. American Land Title Association ALTA Commitment Form Adopted 6-17-06 Commitment Number: 15003405 SCHEDULE B (Continued) 24. Terms, condiuons, provisions, agreements and obligations specded under the Temporary Trail Easement Agreement, dated January 25, 1999, and recorded March 19, 1999, as Reception No. 428958. 25. Terms, conditions, provisions, agreements and obligations specified under A Resolution of the Pitkin County Board of County Commissioners of Pitkin County, Colorado, Authorizing the Chair to Execute the Temporary Trail Easement with the Stillwater Ranch Open Space Association (Resolution #99-12) dated January 27, 1999, and recorded March 19,1999, as Reception No. 428960. 26. Terms, conditions, provisions, agreements and obligations specified under the Memorandum dated May 26,1999, and recorded March 21, 2000, as Reception No. 441526. 27. Terms, conditions, provisions, agreements and obligations specified under the Quit Claim Deed dated August 10,2000, and recorded August 23,2000, as Reception No. 446339. 28. Terms, conditions, provisions, agreements and obligations specified under the Notice ofApproval dated September 1,2000, and recorded September 20,2000, as Reception No. 447163. 29. Terms, condiAons, provisions, agreements and obligations specified under A Resolution of the City of Aspen Planning and Zoning Commission Approving a Special Review Request for Enlarging an Accessory Dwelling Unit for Lot 12A of the Callahan Subdivision, City ofAspen (Resolution No. 48, Series of 2001) dated November 20, 2001, and recorded December 10, 2001, as Reception No. 461624. 30. Terms, condiuons, provisions, agreements and obligations specified under the Holy Cross Energy Underground Right-of-Way Easement, dated June 20, 2001, and recorded December 12, 2001, as Reception No. 461691. 31. Terms, conditions, provisions, agreements and obligations specilied under the Trench, Conduit and Vault Agreement, dated January 7,2002, and recorded January 9,2002, as Reception No. 462688. 32. Terms, conditions, provisions, agreements and obligations specified under the Holy Cross Energy Contract for Electric Service - (Individuals), recorded January 9,2002, as Reception No. 462686. Copyright 2006-2009 American Land TitleAssociation. All rights reserved. - AMERICAN LAND TITLE The use of this Form is restricted to ALIA licensees and ALTA members ASSOCIATION in good standing as of the date of use. All other uses are prohbited. = Reprinted under license from the American Land Title Association. (15003405.PFD/15003405/25) First American Title Insurance Co. Commitment Number: 15003405 EXHIBIT A PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: Lots 12 and 12A CALLAHAN SUBDIVISION, according to the Map thereof recorded May 19,1976 in Plat Book 5 at Page 7, and Amended Plat thereof recorded August 7, 1977 in Plat Book 6 at Page 16, Pitkin County, Colorado. ALTA Commitment ExhibitA (15003405.PFD/15003405/19) EXHIBIT 5 3 a. ATTACHMENT 2-LAND USE APPLICATION PROJECT: Name: 1449/6-4 02104 Co.kiz. Pd Lot Fqi 4 +Mire/TDAÂ¢Tent:*t Location: 1 499'/"-1 n 41 64 C ,~0~Yll\ /6 . / 61& U /61 R/11Â·A, ral(alle.n Su-Ul wmÂ¥Â·3 (Indicafe street addrek lot & block number, 14al descAption where appropriate) Parcel W> # CREQURED) JO 3-7 - / 2-/ -32 -0 jl APPLICANT: baY har-a a:AA Aa,or tle__o K - RECEWED Narne: IU/ . A Address: f 449 Crus Â·I-74 lote Pcl: n spen MAR 2 7 2017 Phone #: (1-16) *19.-96/9- CO~UNnY DEVELOPMEN I REPRESENTATIVE: CITY OF ASPEN Name: j '....-ti LOAA T)<Ar,11/19- l,/LO Address: 430 8. Phin Riyel t. Alit-le 0~-0.6 , Aifon Phone #: 01-151 q 36Â·-7*19 TYPE OF APPLICATION: (please-Eheck all that apply): GMQS Exemption U Conceptual PUD U Temporary Use GMQS Allotment LK Final PUD Amendment) El Text/Map Amendment Special Review ~ Subdivision C] Conceptual SPA ESA - 8040 Greenline, Stream U Subdivision Exemption (includes E Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane U Commercial Design Review ~ Lot Split D Small Lodge Conversion/ Expansion U Residential Design Variance U Lot Line Adjustment U Other: U Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) , 1, r , 1. r.)~14,1(, Ar unifc 0.1 one /01- (Ma(n houst, i 6-ue#-4 hol,42 u) A14O ore '413\] crn. 4-1AQ, propa~443- 4 PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) 1 Wee Stry#\ e 14-1 ; e-a,ck fri< 009 El r,Ole-fÂ·o rn, L~. 190-r)1Â« Have you attached the following? FEES DUE: $ Â«,15-D 89 Pre-Application Conference Summary Attachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards E 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. m El El El EXHIBIT Â§ 36. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM an A Project: 1449/62 crl]51-4/ (ate 123 lot *4 +Minor fu ArmdtrynÂ·1 Applicant: Knilitia (inA Adron *lect Location: If 47 0,9/4 Late 20.04 / A-2 pe/j Zone District: /6- 1 5 / PiD Lot Size: 7.9'ac rei (see ma-P/Â·630 r.czE) Lot Area: 61!3(bst fE. (See mqi>/6Â·10â‚¬ 63 (for the purposes o f calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: -Existin~. 4 A Proposed. ~ ~A Number of residential units: Existing: 9 Proposed: 1 Number of bedrooms: Existing: -720 - Proposed: alpt Proposed % of demolition (Historic properties only): A01 DIMENSIONS: irr 12:92,2- 231 +0 12: 61-ll- Floor Area: Existing: 124:2959 Allowable: '2500 Proposed: YZA'Â· 4kft Principal bldg. height: Existing: 1-69 Allowable: 2% Proposed: 2% Access. bldg. height: Existing: 189 Allowable: 26 Proposed: 20' On-Site parking: Existing, > H Required: 3 Proposed: 1Â¥ 1 % Site coverage: Existing: 1-00 Required: Proposed: ?St. -20,4* % Open Space: Existing: ~A~A Required: LJ~A Proposed: A~A F Front Setback: Existing: Required: Proposed:Yeleo*,46Â· sEES OUEY Rear Setback: Existing: Required: Proposed: K~,02â‚¬D NS 4.p/R60Â£82<' Combined F/R: Existing: Required: Proposed: ~ ' Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: i Distance Between Existing Required: Proposed: Buildings Existing non-conformities or encroachments: ABBE KAold.1 variations requested: AOAE r 3~ I rÂ·==i,- COMMUNITY DEVELOP jNT DEPARTMENT 4-2 .......r ... 1 -T- ~13(1- Homeowner Association Compliance Policy All land use applicanons within the City of Aspen are required to include a Homeowner Association Compliance Foml (this fomi) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed bv the property owner or Attorney representing the property owner. Name: Barbara & Aaron Fleck Property Owner CID Email: aaronfleck@comcast.net Phone No. (970) 925-8515 Address of 1449 Crystal Lake Road Property: (subject of Aspen, CO 81611 application) I certify as follows: (pick one) E This property is not subject to a homeowners association or other form of private covenant. ~ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneliciary. [~ This property is subjed to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant benefidary. &6â‚¬ mrholteD l.ie-TrER~ l understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: 00 ~,Â»Â»4~00~' date 44(Â»1 / Owner printed name: A /bl~/ FLE-C-ld- or, Attorney signature: date: Attorney printed name: .. WAAS CAMPBELL RIVERA .~ JOHNSON &VELASQUEZE Cheryl Velasquez 970.544.4612 velasquez@wcrlegal.com March 14,2017 VIA EMAIL: bgenshaft@genshafteramer.com Benjamin S. Genshaft, Esq. Genshaft Cramer LLP 420 East Main Street, Suite 200 Aspen, Colorado 81611 Re: Minor Subdivision (Lot Split) and Minor PD Amendment Request for 1449 / 1452 Crystal Lake Road, Lot 12 / 12A, Callahan Subdivision (the "Lots"); PID # 2737-181-32- 017) Dear Ben: As you know, this firm represents the Stillwater Ranch Open Space Association (the "Association"). The Executive Board (the "Board") of the Association has reviewed the land use application dated February 2, 2017 (the "Application") prepared by Haas Land Planning, LLC and Genshaft Cramer LLP on behal f of the property owners, Barbara Fleck and Aaron Fleck, each as to an undivided fifty percent (50%) interest in the Lots. The Application seeks to obtain a minor subdivision/lot split and obtain a minor amendment to a PD Project Review approval (collectively, the "Lot Split") for the Lots which are located at 1449 and 1452 Crystal Lake Road and legally described as Lots 12 and 12A, Callahan Subdivision, according to the Plat thereof recorded May 19, 1976 in Plat Book 5 at Page 7, and Amended Plat thereof recorded August 17, 1997 in Plat Book 6 at Page 16 (the "Property"). Currently, Lot 12 (but not Lot 12A) of the Property is included within the Stillwater Ranch Subdivision/PUD (the "Stillwater Subdivision'5). The Board is generally in support of the Lot Split, subject to final review of the final plat and related documents required for the Lot Split, and further subject to requirement that only Lot 12 (and not Lot 12A) will continue to be included in the Stillwater Subdivision following the Lot Split. Please contact me ifyou have any questions. Sincerely, PA Cheryl A. Velasquez for WAAS CAMPBELL RIVERA JOHNSON & VELASQUEZ LLP {A0104077/1} CAV/bjd ec: Mitch Haas, Haas Land Planning (via email) 1350 SEVENTEENTH STREET SUITE 450 DENVER COLORADO 80202 M 720-351-4700 F 720-351-4745 420 EAST MAIN STREET SUITE 210 ASPEN COLORADO 81611 M 970-544-7006 F 866-492-0361 WCRLEGAL.COM EXHIBIT 1- L City of Aspen Community Development Dept. 130 S. Galena Street Aspen, CO 81611 RE: 1449/52 Crystal Lake Road (Lot 12/12A, Callahan Subdivision) PID# 2737-181-32-012 Minor Subdivision (Lot Split) and Minor PD Amendment To whom it may concern: As applicant for Minor Subdivision (Lot Split) and Minor PD Amendment on the above referenced property, we hereby authorize Haas Land Planning, LLC (HLP) to act as the designated and authorized representative for the preparation, submittal and processing of a letter requesting the approvals listed above, as well -as, any subsequent applications associated therewith. HLP is also authorized to represent us in meetings with City staff, the Historic Preservation Commission, the Housing Board, the Planning and Zoning Commission, and the Aspen City Council. Should you have any need to contact me during the course of your review, please do so through Haas Land Planning, LLC. Yours truly, 24a~&<0- zilÂ« ... A h () Â«7 Barbara Fleek/Aaron Fleck 1449 Crystal Lake Road Aspen, CO 81611 tabbles RETAIN FORM~ANENT RECORD - EXHIBIT ] - .14 1 0, 1,Â· i 5 Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and 602(9 201 7 -Asid r Property Barbara Fleck and Aaron Fleck Phone No.: (970) 925-8515 Owner ("1"): Email: aaronfleck@comcast. net n Address of 1449 Crystal Lake Drive, Aspen Billing 1449 Crystal Lake Road Property: Address: Aspen, CO 81611 (subject of (send bills here) < application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the properly owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ flat fee for . $ flat fee for $ flat fee for . $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 4,550 deposit for 14 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $275 per hour. City of Aspen: Property Owner: 1-11,14*4400-ng Jessica Garrow Barbara Fleck/Aaron Fleck Community Development Director u< City Use: Fees Due: $ Received: $ Ltri-O Â·00 March. 20]6 City of Aspen I 130 S. Galena St. I (970) 920-5050 MAR 2 7 2017 lecele r.- . . r-mmir-~ Pitkin County Mailing List of 300 Feet Radius 1~ 3 6 From Parcel: 273718132012 on 01/24/2017 *TI,IN ' CouN fir< Â©Otc\*) Instructions: This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. Disclaimer: Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. http://www. pitkinmapsand more.com NORTH CLOVE N V ASPEN CLUB GROUP INC WAYNE WILLIAM & MARSHA FAM TRST 1333 SOUTH MIAMI AVE #100 730 E DURANT AVE 1483 BONNYMEDE DR MIAMI, FL 33130 ASPEN, CO 81611 SANTA BARBARA, CA 93108 UHALT HUGH C CLINE LEONARD J HAHN TRUST 634 CARONDELET ST 634 CARONDELET ST 1650 FARNAM ST NEW ORLEANS, LA 70130-3504 NEW ORLEANS, LA 70130-3504 OMAHA, NE 68102 JONES FAMILY REV TRUST KANE TAMAR GENERATION SKIPPING TRUS FRETZ BARBARA B 2105 LEE SHORE PL 149 S BARRINGTON AVE #641 1432 CRYSTAL LAKE RD WILMINGTON, NC 28405 LOS ANGELES, CA 90049 ASPEN, CO 81611 FRETZ FAMILY TRUST ARMYTAGE GAYLE M SHELDON ROBERT & BARBARA 1432 CRYSTAL LAKE RD 1434 CRYSTAL LAKE RD 11 BROOKSIDE DR ASPEN, CO 81611 ASPEN, CO 81611 WESTPORT, CT 06880 CROWN JANET S LIV TRUST MRK ASPEN INVESTMENTS LLC MRK 1425 CRYSTAL LAKE LLC 256 S BEVERLY GLEN BLVD 34 W DILIDO DR 34 W DILIDO DR LOS ANGELES, CA 90024 MIAMI, FL 33139 MIAMI BEACH, FL 33139 HOFFMAN EVELINE REV TRUST SHUMAN RUTH L BASS EDWARD P 1427 CRYSTAL LAKE RD 1120 PARK AVE 201 MAIN ST #2700 ASPEN, CO 81611 NEWYORK, NY 10128 FORT WORTH, TX 76102 GOODMAN LEONARD C ROESER ELLEN QPRT GOODMAN HERBERT I & MARY K 222 N LASALLE ST #800 1900 HIGHLAND PARKCIR 5710 TECUMSEH CIR CHICAGO, IL 60601 FORT WORTH, TX 76107 HOUSTON, TX 770571317 WILSON THOMAS H POLGRAVE INVESTMENTS LTD LUTTRELL MARTHA LIV TRUST 645 E BLITHEDALE AVE 1333 SOUTH MIAMI AVE #100 501 S BEVERLY DR 3RD FL MILL VALLEY, CA 94941 MIAMI, FL 33130 BEVERLY HILLS, CA 90212 STALEY ARLENE TRUST AGREEMENT STALEY ARLENE D QPR TRUST 1444 CRYSTAL LAKE LLC 999 N LAKE SHORE DR 999 N LAKESHORE DR #8B 5519 WINSTON CT CHICAGO, IL 60611 CHICAGO, [L 606111305 DALLAS, TX 75220 STILLWATER RANCH OPEN SPACE ASSOC BURGESS JOHN K & ELIZABETH GERSON JULIE REV TRUST PO BOX 11597 700 UTE AVE #202 PO BOX 1209 ASPEN, CO 81612 ASPEN, CO 81611 OLATHE, KS 660511209 GERSON JULIE QPRT HJALMARSON ELIZABETH LIV TRUST GERSON JOHN A PERSONAL TRUST 2401 ARNO RD 1448 CRYSTAL LAKE RD 1448 CRYSTAL LAKE RD DHAWNEE MISSION, KS 66208 ASPEN, CO 81611 ASPEN, CO 81611 GERSON JAMES S PERSONAL TRUST HODGES ANN V GODFREY BRUCE FAM TRST 1448 CRYSTAL LAKE RD 302 ROARING FORK DR 195 RUSSELL RD ASPEN, CO 81611 ASPEN, CO 81611 PRINCETON, NJ 08540 GODFREY LESLI L FAM TRST GADA 777 REV LIVING TRUST POPE FAMILY TRUST 1041 S HIGH ST PO BOX 2061 1601 N EASTERLY TER DENVER, CO 80209 ASPEN, CO 81612 LOS ANGELES, CA 90026 KAUFMAN GIDEON BICKFORD SCOTT R 345 EASTWOOD DR LLC 315 E HYMAN STE 305 338 LAFAYETTE ST 2727 ALLEN PKWY 14TH FL ASPEN, CO 81611 NEW ORLEANS, LA 70130 HOUSTON, TX 77019 BEHRHORST DAVID G FISHER DONNA S J&E COLORADO TRUST #13-01 257 EASTWOOD DR 257 EASTWOOD DR 7717 CRESWELL RD #2 ASPEN, CO 81611 ASPEN, CO 81611 SHREVEPORT, LA 71106 228 EASTWOOD LLC CONFORTI VICTOR A IRR FAMILY TRUST BEAUSEANT TRUST 625 E HYMAN #201 28 BEACH ST 198 EASTWOOD RD ASPEN, CO 81611 TILTON, NH 032765336 ASPEN, CO 816112205 BEARFOOT REVOCABLE TRUST VILLASANTA FAMILY TRUST VILLASANTA UMBERTO TRUST 198 EASTWOOD DR 4611 CEDAR GARDEN RD 4611 CEDAR GARDEN RD ASPEN, CO 81611 BALTIMORE, MD 21229 BALTIMORE, MD 21229 OTTO MARIA M CANFIELD KENNETH STEVEN LIFE TRUST ASPEN CLUB 21 E 66TH ST #9FL 210 EASTWOOD DR 1450 CRYSTAL LAKE RD NEW YORK, NY 10021-5853 ASPEN, CO 81611 ASPEN, CO 81611 BUTERA DUPLEX CONDO 1444 CRYSTAL LAKE RD ASPEN, CO 81611 - ~ ~EXHIBIT Â©4$55Â·pM *4 19, 1976 Reception no 183890 Julie Hane REcorder Â· Bookal,2 PAGEil0 1 - SUBDIVISION AND PLANNED UNIT , DEVELOPMENT Â·AGREEMENT' - CALLAHAN SUBDIVISION #R..%-1. 95) f THIS AGREEMENT, made this /0 -day of ..â‚¬*a.e, , tt.::1 1976, by and between THE CITY OF ASPEN, COLORADO (hereinafter 'AF ~ sometimes' called "City" ) , and BENEDICT LAND & CATTLE COMPANY, L Â· FREDRIC BENEDICT and FABIENNE BENEDICT (hereinafter sometimes collectively called " the owner"), and ROBERT S. GOLDSAMT or theÂ· assignee of Goldsamt (hereinafter sometimes called "the subdivider,") . 1 WITNES SÂ·E TH: - I-- - ---- -- WHEREAS, the subdivider with the consent and approval of the owner has submitted to the City for approval, execution, and recordation, the final plat and development plan of a tract of land situated in the east one-half of Section 18, T. 10S, Range 84 west of the Sixth Principal Meridian, Aspen, Colorado, designated as Callahan Subdivision ("the plat") ; and WHEREAS, said Plat encompasses land located within an area in the City zoned RR and R-15; and WHEREAS, the City has fully considered such Plat, the pro- posed development and the improvement of the land therein, and the burdens to be imposed upon other adjoining or neighboring properties by reason of the proposed development and improve- ment of land included in the Plat; and 1 . L WHEREAS, tAe City is willing to approve, execute, and accept for recordation that Plat upon agreement of the owner and the subdivider to the matters hereinafter described, and subject to all the requirements, terms, and conditions of the City of Aspen Subdivision Regulations now in effect and other laws, rules and regulations as are applicable; and WHEREAS, the City has imposed conditions and requirements in connection with its approval, execution and acceptance for 8ODK312 PAO[ 111 1 recordation of the Plat, and that such matters are necessary to protect, promote, And enhance the public welfare; and WHEREAS, under'the authority of Section 20-16(c) of the Municipal Code of the City, the City is entitled to assurance that the matters hereinafter agreed to will be faithfully performed by the subdivider. It NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained, and the approval, execution and acceptance of the Plat for recerdation by the City, it is agreed as follows: 1. All references to lot numbers hereinafter set forth are as described on Sheet No. 1 of the Final Plat and Develop- ment Plan of the Callahan Subdivision ("Plat"). A. Fee simple title to Lots No. 13 and 13-A will I be conveyed in undivided interests to the condominium owners, subject to existing easements and road and utility easements contemplated by the Plat and additional utility easements as may be required. Lots No. 13 and 13-A will be used for condominium units. B. Lot No. 13-B shall be conveyed in fee simple to a corporation to be organized by the purchaser of such property from the owner or by such purchaser's assignee. Such corporation is hereinafter referred to as "Holding Corporation". The Holding Corporation shall grant to all condominium and homesite owners a non-exclusive easement for the recreational use of Lot 13-B so long as such lot is not hereafter authorized for improvement or commercial use by P.U.D. amendment or other appropriate governmental approval and shall grant such easements as are necessary for the roads and utilities reflected on the Plat. C. Lot No. 14 will be owned in fee simple title by the Holding Corporation or another corporation con- trolled by or under common control with the Holding -2- .. . .......:g=W . .IL . , 77/ 800K 312 #6{132 + 9 . Corporation or its or their assignees. The Benedict residence situated on this lot will be converted to a clubhouse. The owners of condominium and homesites will be granted an irrevocAble non-exclusive license for passage by foot only, throughout those portions of Lot 14 on which there are ho improvements currently or hereafter existing. D. Lots No. 14'A and 15 will be conveyed in fee simple title to the Holding Cgrporation or a corporation controlled by or under common control with the Holding Corporation or its or their assignees. Lot 14-A will contain parking facilities for use of the clubhouse and recreational facilities contained in the Plat, and Lot 15 will contain recreational facilities. E. Lots No. 1 through 10 shall be conveyed in fee simple title to the purchasers of these ten home- sites. Lot No. 10 is designated as a duplex for occupancy by two families; the other lota are for single-family homes. F. Lot No. 11 is designated as a single-family lot. G. Lots 12 and 12-A are collectively designated as a single-family lot. Lot 12-A is the guesthouse for Lot 12. H. Lot No. 16 is designated as an existing office building for such uses as have heretofore been approved by the City of Aspen. I. All roads as reflected on the Plat and the rights of way on which such roads are to be constructed shall be owned by the Holding Corporation or a corporation controlled by or under common control with the Holding -3- ' -f Â· 1. -*.r .....1 1 41-k'.ff>..3- BOOK312 PAG[113 - -, Ii-~ft-Â¢f#-'Â·:2110Â·'Â·' -=fâ‚¬+JiflifiC ' borperation or its- or their assignees, and such corpor- .. 't. ation shall grant an irrevocable non-exclusive license ;F , t H' to the owners of the condominiums and homesites for their use. The Owner shall retain a hon-exclusive ttd- i cost-free easement on Crystal Lake Road for access, . ingress, and egress to and from Lots 11, 12 and 12-A. 1 2 Ownership of those lots is being retained by the owner. J. Easements for utility improvements and rights of way shall be granted to the Public Utilities as shown on the Plat. K. Maintenance of the property and structures in- cluded within the Plat shall be the responsibility of p the owners of the fee simple title to such property and improvements; provided, however, when hereunder ' any easement is granted with respect to any such land or improvement, the cost of maintenance shall be borne by all grantees of such easements. L. The gity shall provide up to a maximum of 0.65 cfs. of water as needed from the Nellie Bird Ditch as hereinafter set forth in Paragraph 8 (e) (1) for .the maintenance of a water ~evel not lower than the lowest water level in Crystal Lake as shown on Page 3 of the Plat. The Holding Corporation or a corporation controlled by or under common control with the Holding Corporation or its or their assignees, shall make provision for supplying such water to Crystal Lake in order to insure its use for recreational activity. 2. Subject to the conditions contained in this paragraph, the subdivider shall provide for the estimated costs for construe- tion of all common improvements which include construction of roads, utilities, drainage improvements, landscaping, moving and paving if required by subdivider (the recreational trail), as described in the agreement between Pitkin County and Benedicts and irrigation ditch crossings through the subdivision as shown on the Plat and supplemental engineering plans. Also included shall be street lighting -4- 800012 fAcd14 sufficient to illuminate,subdivision roads and trÂ¢ffic signs to comply with City regulations. The installation of' those improve- mdnts shall commence in the spring of the year in which construction on Lots 13, 13A or 15 is to tommence hereunder, or any homesites M are sold, whicheveri event Occurs sooner, Â·and shall be constructed i with due diligence thereafter until completed. In order-to it secure the performance of the construction and installation of the improvements herein agreed to by the subdivider and the City, and to guarantee one hundred (100%)percent of the current estimated cost of the improvements agreed by the City Engineer to be $ 271,000.00 , the subdivider shall guarantee through a - conventional lender, or by sight draft or letter of commitment from a financially respbnsible lender (irrevocable until the construction is completed) that fuhds of the estimated costs of construction are held by it for the account of the subdivider for the construction and installation of improvements hereinabove described. In the event, however, that any portion of the improve- ments have not been installed according to the conditions contained herein, then, and in that event, the City may have such remaining work and improvements completed by such means and in such manner, by contract with or without public letting, or otherwise, as it may deem advisable, and the lender agrees to reimburse the City out of the funds held by it for the account of the subdivider for the City's costs incurred in completing said work and improve- ments; provided, however, in no event shall the lender be obligated to pay the City more than the aggregate estimated sum for these improvements, less those amounts previously paid and approved by the City, by reason of default of the subdivider in the performance of the terms, conditions, and covenants con- tained in this paragraph 2. However, the City waives.no right to claim full compliance with the improvements required in ex- cess of the estimated costs. From time to time as work to be performed and improvements to be constructed herein progress, the subdivider may request that the office of City Engineer inspect such work and improvements as are completed and may ' submit to City the costs of such completed work and improvements. -5- MCI-r,J 31 BDOR)12 PA9115 When the City Engineer is satisfied that such work and improve- ments as are required by' the subdivider to be completed in fact, 1 have been completed in accordance with the terms hereof, the City Engineer will submit to the lender its statement that it has no objection to the release by the Guarantor of so much of the above-specified funds as is necessary to pay the costs of work performed and improvements' installed pursuant to the terms of this Agreement, except that ten (10%) percent of the estimated cost shall be withheld by the lender until all pro- posed improvements are completed and approved by the City Engineer. Subdivider shall prepare and be responsible for the preparation of engineering plans, specifications, and construction drawings for all improvements included in Paragraph 2 above. These plans and specifications shall be submitted to the City Engineer and shall be approved prior to the commencement of any construction by the Subdivider. Subdivider shall also be responsible for pro- viding all necessary engineering and/or surveying services in con- junction with the construction of said improvements. The City Engineering Department shall be notified prior to the commencement of construction so that the work may be inspected during construction. 3. Site Data Tabulation ,(see Exhibit "A" attached hereto and incorporated herein by this reference.) 4. The subdivider agrees to line the Riverside Ditch for the full length of Lots 8 and 9 with a rubberized material to prevent seepage onto Lots 8 and 9. If the subdivider finds that use of the rubberized material is not feasible, a feasible alternative lining shall be used, provided the subdivider shall use best efforts to find an alternative to concrete lining, 5. The subdivider agrees, for himself and his successors and assigns, that he will not authorize any vehicular traffic to enter the area of the condominium units or recreational facilities -6- -0. g. 1. -1- Wt'EF--lf.>Â·. I -Â·Â·Â·~-- Â· --4'.994'21. 2.' 800012 .PAGE 116 4.9 1,3 -Of the Callahan Subdivision from Ute Avenue unless such vÂ©icles itoff, are for'the purpose of construction, .providing services to or deal- 42 -LiÂ·~I', ing with emergencies, of the Cal:lahan Subdivision. Furthermore, Â·Â· 4 2Â· ~ . neither the subdivider nor his successor or assigns shall pro- vide for any parking spaces along the border of Ute Avenue , within any portion of the Callahan Subdivision. The prohibition L 1 contained in this paragraph shall not apply to the parking lot which presently exists on Lot 16 nor to any expansion thereof. 6. The subdivider agrees to relocate at subdivider's ~ expense a portion of the recreational trail which will be moved to a location approximately as shown on the plat. Such relocation r . shall be done as follows: By June 15 of the year in which construction is to commence on Lots 13, 13A or 15, subdivider shall cause such trail to be roughed in place. The easement to that trail shall be granted to the City and shall be restricted to the following uses: pedestrian, equestrian, bicycling, and cross-country skiing. No motor vehicle of any kind shall ever *2 allowed to use the trail, excepting only such vehicles as are absolutely necessary at the initial construction and subsequent maintenance and repair of the trail. 7. The subdivider agrees not to pave any of the roads in the subdivision until at least six months after all utilities are in place. 8. It is acknowledged by the owner that certain land areas included within or adjacent to the subdivided land have previously been used for agricultural uses or as meadow lands and have been irrigated by waters owned by the owner and carried in the Nellie Bird Ditch. The City of Aspen has established a policy of acquisition of those water rights beneficially used by annexed and subdivided lands at the time of annexation and subdivision approval, when the proposed development will be serviced by the City owned water utility: a. So as to avoid the establishment of competitive water utilities. b. To insure that all water used for domestic ~ purposes meets minimum sanitary and health standards. 1 . -Cm,0 .. .j .... eooK312 Illg117 c. To prevent the abandonment of water rights by discontinuation of their beneficial use. d. To provideÂ· for the acquisition of more senior rights to guarantee water service to Aspen area users . in time of 10* supply. e. To reduce the- costs of condemnation for acqui- sition of water rights in the future. Therefore, it is agreed as a condition of subdivision appr'oval. 1. That upon recording o f the final plat of the . Callahan Subdivision the owner will convey to the City of Aspen, without further consideration, 0.65 cfs. of the Nellie Bird Ditch, Priority 3136 (Source: Roaring Fork River; adjudicated August 25, 1936), which cor- responds to the ratio of the subdivided lands to all lands irrigated by this water right. In the event use of part of such water granted to the City shall become necessary to retain the lowest level of Crystal Lake (as described in Paragraph lL of this Agreement) the City of Aspen agrees to make available so much of the water right necessary to maintain the lowest water level; provided, however, that nothing herein shall be construed to require the City to supply ditches; rights of way, pumps, or other- facilities necessary toÂ· fransfer water to Crystal Lake. 2. That owner hereby grants to the City of Aspen a right of first refusal on the balance of the water right described in subparagraph (1) in the event such water right is offered for sale independently of a sale of the lands irrigated by said right. To the ext,ent permitted by law this right of first refusal shall be deemed a covenant running with said irrigated lands, and bind the owner, his heirs, assigns and -8- 1,~,7,1 BOOK312 PAGE#lij - successors in interest. 3. That the owner does further agree to negotiate in good faith with the City of Aspen for tlhe grant to the City (or its nominee) for a nominal fee of a revocable license to make beneficial use (as allowed by law) of part or all of the water right described in subparagraph (1) retained by owner, without jeop- ardizing owner's interest in said decreed water right. . 8.1 It is further acknowledged that owner owns a high priority right on Hunter Creek, namely, the Red Mountain Ditch, Priority No. 90 (Source: Hunter Creek, adjudicated May 11, 1899; headgate trans- ferred to Huston Ditch by decree recorded in Book 252, Page 575, records of the Pitkin County Clerk and Reocrder) hereinafter called Hunter Creek water right, the acquisition of which is also of in- terest to the City of Aspen. Owner agrees, as a further cohdition of this subdivision approval and with rfference to said right: a. That Owner hereby grants to the City of Aspen a Fight of first refusal on the Hunter Creek water right in the event such right is offered for sale independently of a sale of the lands irrigated by said water right; and to the extent allowed by law, this right of first refusal shall be deemed a covenant on the lands so irrigated, and bind the owner, his heirs, assigns, and successors in interest. b. To negotiate with the City of Aspen in good faith for the acquisition of this right to facilitate the con- struction of a package filter plant on Hunter Creek. Ne- gottations will be deemed to be proceeding in good faith when the City seeks such right only for construction of said package plant and owner attempts to achieve only (i) domestic water service for potential homesites on his lands above Hunter Creek and below the Red Mountain Road -9- ik_4,/Pr''~'t.ls' Â·Â· 800012 PAGE119 .*f 4... ' (on the Red Mountain side), (ii) provision for the future T irrigation of owner's meadow lands below the Huston Ditch and above Hunter Creek, and (iii) a total consider- ation On the sale of the water right which is equivalent 1 to its fair market value, with proper credit and allowance being given for the fair market value of any exchanges, doncessions, promises, undertakings or other consideration received pursuant to (i) and (ii). U-' 9. In satisfaction of the dedication fee required to be paid to the City Under Section 20-18 of the City of Aspen Muni- cipal Code for the purposes set forth therein, the subdivider agrees that upon recording of the final plat of the Callahan Subdivision, that he shall make a cash payment to the City in the amount of $90,000.00. 10. Notwithstanding anything contained herein or referred to the contrary, the owner and the subdivider, in developing the property contained within the Plat and the improvements as herein described, shall fully comply with the applicable rules, regulations, standardst and laws of the City and other governmental agencies and bodies having jurisdiction. 11. The City agrees that since the townhouse-condominiums B as designed do not exceed two and one-hal f stories in height, and the total height of each unit is constant, that a vertical envelope be created around each unit module allowing a maximum of two and ~Â· one-half feet above elevation shown on the PUD building plans to accommodate possible grade elevation variations. The intent of this Agreement is to provide the best possible relationship between buildings, between buildings and tops of carports, as well as the best utilization of existing terrain within the development zone. Prior to application for the building permit, the permit applicant will submi a ground survey, showing final building layout and floor elevations, noting any variations in the contour. UW 4 -10- #01@ 1* â€¢ Â¢7 4~312 PAGE 120 9 I . . N 12. Subdivider agrees to pay the City in addition to its dedication fee the sum of $250.00 which represents the agreed upon costs for the City to tap into the sewer line in Ute Children's Park. The $250.00 shall be due and payable upon the granting of the easement across Ute Children's Park and Ute 4 Cemetery for sewer lines by the City. 13. Subdivider agrees to provide at his expense shuttle bus services consisting of van-type vehicles fort the recreation facilities and the clubhouse of the. Callahan Subdivision upon the terms and conditions hereinafter set forth. The expenses of the acquisition, maintenance and operation of such vehicles shall Â· be borne by the subdivider, and such service may be supplied by the purchase of appropriate vehicles, the leasing thereof, or any other available means which shall be adequate. The subdivider agrees to provide such vehicles in a number sufficient to serve the need therefor based upon year around operation between the Callahan Subdivision clubhouse and recreation facilities and downtown Aspen, provided, however, that such vehicles shall not number less than one. The term of this service shall be until the earlier of the following occurs: 1. Such van service shall no longer be needed; or 2. Until the transportation services provided by this Agreement are fulfilled by other public or private means. 3. Until the expiration of five years from the date hereof. 14. Upon execution of this Agreement by the parties hereto and provided all other conditions as herein contained have been . 6 mit met by the owner and the subdivider, the City agrees to execute f the Plat of the Callahan Subdivision and accept the same for A recordation in the Recording Office of Pitkin County, Colorado, .'. Ute upon payment of the recordation fees and costs to the City by -11- Â· Â·- I-...2 /7 0--.Â· ...4,4 =,I y.. 1 .. a.. 1 8Â®K312 MGE 121 1 subdivider. 15. Failure of the subdivider to pay dedication fee or to provide the requisite guaranty for roads and utilities ~ - and other improvements prescribed hereunder, shall carry only j the sanction of prbhibition of retfording the subdivision plat and final development plan herein. If the foregoing sanction i is imposed by the City upon the subdivider, it shall release : the owner of all obligations under Paragraphs 8 and 8.2 hereof. 16. The subdivider agre'es to furnish City with an as-built survey description for sewer, water and trail easements. 17. The subdivider agrees to allow the City to install a water line in Ute Avenue at the time subdivider constructs his eight-inch line greater in size than that eight-inch line, provided, however, that the City shall pay for the extra cost above the cost of installing an eight-inch line. 18. The stages for the development of the subdivision improvements shall be according to Exhibit B attached hereto and incorporated herein by this reference, 19. At such time as and to the extent Goldsamt has assigned any of his rights hereunder or under any agreement with owner and such-assignee has assumed any obligation hereunder, Goldsamt shall have no further obligation for such assumed obligation. IN WITNESS WHEREOF, the parties hereto have hereunto set their h4645' 4%4 seals the day and year first above written. , . NrirE@T.,0 -- ; . CITY OUASPNN, peoilorado MunicÂ»9.1/'Cor;>6r*ion /-2 *GL~4.3 2 94,ZEd By- -19.- gf6*=20-7 'City, flsgR.. Plot PE> J ATTEST : 0 / - BENEDICT LAND & CATTLE COMPANY, Owner ~Mr.Secretar~~ <~~ BN-242,â‚¬L >36-,2.5,12. uâ‚¬e=,0,2-4- Feed,~ir<%-A-,-,BenediaÂ·t C// 06-cÂ» - PresidAnt Y 14352a.t.Â·91Â» 0-etzeah-,--- al<A . -4- tw:,6 4Zmdile AC Benedict, Owner 0,' .II' \ 224 0.59,f-+4-Lizae..06...6 - Â· #M}dil: 2&~dihi~4ner2 0~8--""46~:zÂ·-01-2.-' 0 2 1 46+ 4 -C 0 n P.00,-: : Rbbert Goldsamt, Subdivtder Â·EP/4,999'/PA'...-= ...1 ree ; m"114*53.4 800&312 PAG[122 m/MMIPP ~*44, STATE oF COLORADO ) D SS I M#*Ebr County of Pitkin ) The foregoing instrument was acknowledged before me this /*4*aay of. 93,-7Aa.. , 1976, by Stacy Standley, Mayor of ~i the City. of Aspwi, A Colorado municipal corporation. *. 1.. . Witness.my hand and official seal. . & ,.Â·-~' MTIC,/ r' Hy commission expires: . 16:Â· Â· kÂ· 7 Â·Â·>.*'~Â·:Â·*r:Coftlinission expires January 24, 1978 -Notary K. Public , '4,717Â£ OV . ..:. . I :... . :Â·STATE OF COLORADO ) ) SS. 4 144 Plgilal,ht or 14 66 -tej,dent County of Pitkin ) The foregoing instrument was atknowledged before me this of Benedict LaneF & Cattle Company, a Colorado. corporation. day of 993/P,60-4. , 1976, by/FÂ·04,&2,9'62.-Be,ked,Deâ‚¬-rP*,mi- . Witness my hand and official seal. ..'" 5 . f Â· My commission expires: P---- e *.Â·My- Commiision expires Jahuary 24, 1 978 .(01201-1 - :' 2.3/.; SW :Â· . Notary U.-Â·L,56Â· 20<2./ . 1 .06\ PUS 5 Public / .. . . 1 ' . STATE OF COLORADO ) County of Pitkin ) 1 ss. .,~042/51*Â· as Allorne-j- in-fact- ~-t> Atir Ttle Agxegoing instrument wa4 acknowledged before me this /9 day ofÂ»44 10/,0/ . 0 1976, b+ Fredric A. Benedict and Fabienne Benediqft. j' Witness my. hand and official seal. My commission expires: LL H).44- ~860,01, J _ : Â·Â·, ,Â¥xÂ· Gqmmission expires January 24, 1978 - .V... Notary f Â¢.......... Public 06 ' 'I ' -13- G . 312 TAGEi23 BOOK STATE OF COLORADO ) ) SS. County of Pitkin ) The foregoing instrument was ackhowledged before me this )3 day of Rpri)71976, by Andeew-t--46=um=r nQw=m=r- im-Fact-fer- Robert S. Goldsamt. 1 I . . Witness my hand and official seal. , '.'.%/9.1/li!'...L 4&0 0,4 My Commission expires: My Commlision 'expires Nov. 14, " " '-" "~ IN ht /9 #,flQ ./71 ~,~,~P:LO'k~.7~* / Notaty ..., 0/ 111,3.4%2% '1, Â»41â€ž1111:1111' . -14- ~â€¢C'nul 0 . EXHIBIT A SITE DATA TABULATION Town- Club Rec Office & Lots houses house Facility Parking Totals Acres Lot or parcel no. #1 through #9 #13 #14 #15 #16 20 parcels #11 #13A #14A #10, #12, & 12-A #13-B Acreage . 6.751 6.594 2.696 4.941 2.000 - 22.982 22.982 minimum 15,000 sq.ft. No. single family 12 No. duplex 1 (Lot #10) No. bedrooms 60 Average sq. ft. unit 2,115 Approx. grd. coverage of buildings 9/A 28,040 sq. ft. 9,400 sq. ft. 39,530 sq. ft. 76,970 sq. ft. (includes in- door pool) Approx. grd. coverage of tennis ct. & outdoor pool N/A 57,300 sq. ft. 57,300-sq. ft. 3%2~dsq~sft* 11/k 43,560 sq. ft. 9,400 sq. ft. 46,000 sq. ft. 98,960 sq. ft. Approx. sq. ft. of basement 2,000 sq. ft. 2,000 sq. ft. .I- 4 --la...60 Â· --- VS'L,Tt'. 6001312. FAGE< " ' .Pid .'Crivir*$"&~s#918/Willil EXHIBIT A - SITE DATA TABULATION A-~3< ' -rK-f.-UDP~Ii- Page 2 Â· ,Â· .Al. i Â· Town- Club- Rec . . Office & Lots houses house Facility Parking Totals Acres ' -- Approx. sq. ft. of parking - underground 16,224 sq. ft. 16,224 sq. ft. - surface 12,000 sq. ft. 12,000 sq. ft. Approx. gfd. coverage of streets (ROW) 85,680 sq. ft.. 1.-967 Approx. grd. coverage for bike trail easement 23,450 sq. ft. . 24.949 TOTAL ACREAGE O./.: 8ook312 PAGE 125 .2 . hooK312~426 6 EXHIBIT "B" DEVELOPMENT SCHEDULE - CALLAHAN SUBDIVISION 1 . . A. Condominiums. Subdivider will commence the construction of dondominium units contained on the Plat in the 1976 or 1977 construction season, with the completion of such units contemplated 4 in 1977 or 1978. B. Clubhouse situated on Lot 14. Construction of any improve- ments to the existing structure and any alterations thereto shall , be completed by December 31, 1979. C. Recreational facilities contained on Lot 15. The facilities situated on this Lot shall be constructed by December 31, 1979. D. Roads and Utilities. Subdivider will commence construction of all roads and utilities provided for on the Plat prior to commencing the construction of any other facilities or sale of any single family or duplex lots provided for on the Plat. E. Subdivider shall have the right to construct, by staging, any portion of any of the facilities provided for on the Plat at any time he decides within the development schedule heretofore set forth for such facilities. F. No certificate of occupancy will be issued for any im- provements until all roads and utilities servicing those improve- ments shall have been completed. Construction of utilities and roads to all lots except lots 15 and 16, must be completed before a certificate of occupancy will issue for any improve- ments thereon. The certificate of occupancy for the improve- ments on Lot 15 shall in no way be tied to the certificate of occupancy for any other improvements. Further, subdivider shall complete all landscaping shown on the Plat by December 31, 1978. G. Subdivider will be deemed to have complied with the provisions of the Plat for improvements on Lot 15, if such improvements -,A,O 4'.4%9332*FIALÂ¢*f#9Am##ti@!IRm&,941*fÂ¥*~1-4-!EM-mt- I BOOK J. FAO#PAT# . .'' 13.4.14?a do not ex*ceed the footprint or vertical elevatiohs contained on such Plat for such improvements. H. The only sanction for failure to construct any portion of , any of the improvements on the Plat'within the times provided for their construction hereunder shall be withdrawal of approval by the City for those improvements not so constructed and shall in no way affect the validity of the approval for those improvements constructed within the times provided for hereunder, or in any way give rise to any claim by the City of Aspen or by' any party claiming under or ' through the City of.Aspen against subdivider for the construotion of any such improvement-or for damages for failure to construct any of them. I. To the extent of any conflict between the provisions of this Exhibit B and any other portion of the Subdivision Agreement, the provisions of this Exhibit B shall prevail. -2- . y. 11 11 1 1.1 .1 ...6. '.. EXHIBIT y, NOTICE OF APPROVAL TO: Julie Ann Woods, Community Development Director FROM: Nick Lelack, Planner RE: Callahan Subdivision and Planned Unit Development Agreement Insubstantial Amendment for Lots 12 and 12A. DATE: ' September 1, 2000 SUMMARY: On behalf of Barbara Fleck (Applicant), Alice Davis of Davis Horn Inc. has applied for an Insubstantial Amendment to the Callahan Subdivision and Planned Unit Development (PUD) Agreement (Agreement). The Agreement between the City of Aspen and Benedict Land & Cattle Company, Frederick Benedict and Fabienne Benedict, and Robert S. Goldsamt, was signed by all parties on May 13, 1976. 1 The purpose of the amendment is to clarify the intent and purpose of item 1G of the Agreement, which states: "Lots 12 and 12A are collectively designated as a single family lot. Lot 12A is the guesthouse for Lot 12." The Aspen Land Use Code has changed dramatically over the past 25 years. Several important provisions in the current Code did not exist when this Subdivision and PUD was approved, including floor area for the o R-15 Zone District and Residential Design Standards. This amendment is -U ; intended to clarify how the current Land Use Code is applied to this cn ~ parcel, Lots 12 and 121 00 12 0 The Applicant proposes the following amendment to 1G: ===0.4 "Lots 12 and 12A of the Callahan SubdivisioniPUD are collectively designated as a single family lot with the following restrictions and clarifications: 1. Lot 12A is the guesthouse for Lot 12. 2. Lots 12 and 12A must always be sold together as one lot and can never be sold separately. 1 1 ~f 6 R 0.00 D 0.0~:330. mm/ff/11/ E!!lit :i, 1 11 11 1.1.1.11~,1~'. 3. The home on Lot 12 can contain no more than 6,731 square feet of floor area. The guesthouse can contain no more than 2,550 square feet of floor area. This allowed floor area for each use was determined using the current (2000) City of Aspen definition for how floor area is calculated. Any future changes to how floor area is calculated shall not impact the maximum allowed floor area for these two uses, the single family home and the guesthouse, 4. Both homes will be built within their respective building envelopes 'designated on Page 3 of the Callahan Subdivision Development Plan. 5. Lots 12 and 12A will be considered as one lot for the purposes of applying the Secondary Mass Design Review Standard. The guesthouse can serve as the secondary mass element for the main residence. 6. There is no guesthouse definition in the City of Aspen Land LIse Regulations. The only existing limitation on the guesthouse is that it cannot be sold separately from the main residence. i 7. An Accessory Dwelling Unit (ADU) can be located within the guest;house." Staff believes the proposed amendment meets the review criteria for an insubstantial amendment, but proposes the following changes. Staff proposes deleting 6. and replacing the provision with the following language: 0 0 1. All provisions of the City of Aspen's Land Use Code shall be applied to -3 r ==-r Lots 12 and 12A as one parcel, unless otherwise stated in this em'/,5 amendment. @mns 22& 4 Community Development staff recommends approval of the li a Insubstantial Amendment to the Callahan Subdivision/PUD, with the em'B k following changes described above. mb ==ae APPLICANT: Barbara Fleck G REPRESENTATIVE: Alice Davis, Davis Horn, Inc. -m-=0 =='Se LOCATION: Callahan Subdivision/PUD Lots 12 and 12A 0.2. ZONING: R-15 mi-,0 2 i In. S 1 N:i; i i anâ€¢E 11 11 Â·111 1 .1.... COMMUNITY DEVELOPMENT DIRECTOR DECISION The Community Development Director finds the Insubstantial Planned Unit Development Amendments to the Callahan Subdivision/PUD and to be consistent with the review criteria, and hereby approves the following amendments to the Callahan Subdivision and Development Agreement 1G: "Lots 12 and 12Aof the Callahan Subdivision/PUD are collectively designated as a single family lot with the following restrictions and clarifications: 1) Lot 12A is the guesthouse for Lot 12. 2) Lots 12 and 12A must always be sold together as one lot and can never be sold separately. 3) The home on Lot 12 can contain no more than 6,731 square feet of floor area. The guesthouse can contain no more than 2,650 square feet of floor area. This allowed floor area for each use was determined using the current (2000) City of Aspen definition for how floor area is calculated. Any future changes to how floor area is calculated shall not impact the maximum allowed floor area these two uses, the single family home and the guesthouse. 4) Both homes will be built within their respective building envelopes designated on Page 3 of the Callahan Subdivision Development Plan. 5) An Accessory Dwelling Unit (ADU) can be located within the guesthouse." 28 6) All provisions of the City of Aspen's Land Use Code shall be applied to Lots 12 and 12A as one parcel, unless otherwise stated in this amendment. 7) Lots 12 and 12A will be considered as one lot for the purposes of applying the Secondary Mass Design Review Standard. The guesthouse can serve as the secondary mass element for the main residence. The conditions of approval shall be: 1. This amendment shall be recorded within 180 days of this approval. No permits will be issued for Lot 12 until the recordation is completed. e ne 2. All prior City of Aspen approvals for the Callahan Subdivision and 0 Z Planned Unit Development shall remain in full force and effect. .0 - '9 3 flÂ· . 1 i, i ... 1 11111111111111110111111 '1~11 lilli lilli 11111111 lili lili NOTICE DAVIS St 0.00 PITKIN COUNTY mÂ·!. 11Â·JauÂ· p I Attachments: Exhibit A - Application Packet APPROVED BY: DATE: APp~ rfo VED U df}(Fl 33.2 26lie Ann Woods Â®MMUNITY DEvE.uppe/11'DIMEGIOR Fommunity Development Director CITY OFASPEN WE HEREBY ACKNOWLEDGE AND AGREE TO THE TERMS OF THIS APPROVAL: CUL. 0-CUA' E . Â· 2 4'â€¢'IÂ· 1.4 Alice Davis, Davis Horn, Inc., representing Barbara Fleck 91 % j DODD Date 111111 lilli mi 11'111 lilli lilli lilli 111 lili lili lilli 447183 09/20/2000 08:33A NOTICE DAVIS SILVI 4 of 6 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO 4 1 ; b. 1 1.Â·1/'. 1 REVIEW CRITERIA & STAFF FINDINGS 26.445.100 Amendment of PUD development order. A. PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. Staff Finding This amendment does not change the use or character of the allowed development on Lots 12 and 12A; rather, it clarifies the development potential for the parcel. The approved use and character of the development is low density residential with a house on Lot 12 and a guesthouse for Lot 12 on Lot 12A. 2. An increase by greater than three (8) percent in the t. overall coverage of structures on the land. 9 Staff Finding Building envelopes have previously been established for Lots 12 and 12A. This amendment does not in any way change the approved building envelopes or overall coverage of structures on the land. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the 8 demand for public facilities. 59 ~ Staff Finding 8 The proposed amendment will not increase trip generation rates. ZE 4. A reduction by greater than three (3) percent of the approved open space. --&2 ==Se. Staff Finding ... Open space would not be reduced by the amendment. ~.2 Z 5. A reduction by greater than one (1) percent of the off- i.-Ma street parking and loading space. -1 e . - M . 5 - 7 ~ 1:'1 In}E; 7 - li "1111111111!111111111 t 1,1 4 14411 1 , I Staff Finding Off-street parking spaces would not be impacted by this amendment. 6. A reduction in required pavement widths or rights-of-way for streets and easements. Staff Finding No reduction in required pavement widths or rights-of-way for streets would be impacted by the proposals. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. Staff Finding This amendment concerns a residential use. Therefore, this standard is not applicable. 8. An increase by greater than one (1) percent in the approved residential density of the development. Staff Finding Residential densities are not proposed to be changed. Allowing an Accessory Dwelling Unit (ADU) in the guesthouse does not change the allowed density, but ADUs are not considered units of density. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. Staff Finding Staff believes the changes are consistent with the approved Callahan Subdivision/Planned Unit Development. 1111111 lilli lilli 11111111111111111111111111111 liu lili 4471G3 09/20/2000 08:33A NOTICE DAVIS SILVI 6 of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 6 RESOLUTION N0. 48, SERIES OF 2001 A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A SPECIAL REVEW REQUEST FOR ENLARGING AN ACCESSORY DWELLING UNIT FOR LOT 12A OF THE CALLAHAN SUBDIVISION, CITY OF ASPEN. Parcel ID: 2737-181-32-012 WHEREAS, the Community Development Department received an application from the Applicant, Barbara Fleck, represented by Alice Davis, requesting the Planning and Zoning Commission grant Special Review approval to convert a free market unit into an Accessory Dwelling Unit of 1,427 sq. ft., exceeding the maximum 800 sq. ft. allowance for Lot 12A of the Callahan Subdivision; and WHEREAS, upon review of tile application and the applicable Land Use Code standards, the Community Development Department recommended approval of the request for the enlarged ADU, but recommended denial on the interior entrance; and WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the Planning and Zoning Commission approved, by a vote of five to zero (5 - 0) allowing the Applicant to convert a free market unit into an Accessory Dwelling Unit of 1,427 sq. ft., exceeding the maximum 800 sq. ft.; and WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Cornmunity Plan; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. I NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 20â„¢ DAY OF NOVEMBER 2001, THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission approved, by a vote of five to zero (5 - 0) to allowing the Applicant to convert a free market unit into an Accessory Dwelling Unit of 1,427 sq. ft., exceeding the maximum 800 sq. ft. allowance with the following conditions: 11111 Ill 111111 111 lili il lilli 11111111111111 12/10/2001 10:49A 461624 Page: 1 of 2 S.LV:A DAVIS PITKIN COLNT' CO R 10.00 O 0,00 4 1 1) The Applicant shall register this ADU with the Housing Authority and the property shall be deed restricted in accordance with Section 26.520.070 Deed Restrictions. 2) In the event that the Applicant wishes to remodel the structure, the ADU will be required to comply with the current ADU standards in effect at the time. 3) The Applicant shall structurally remove the stainvell between the two existing units in the guesthouse thereby disconnecting the unit's interior entrance from the upstairs unit which shall be verified by the City Zoning officer in a site visit prior to the filing for a deed restriction with the Housing Authority. Section 2 All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereoÂ£ Approved by the Commission at its regular meeting on November 20, 2001. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: (21 14 4. 74Â«. Cid' Attorney Jasmine Tygre, Chair d 6 ATTEST: <*4*642 flekie Lothian, Deputy City Clerk , 461624 11111'l lili llilll 1111111111 lilli lilli ll lilli lili lili 12/10/2001 10:49A Page: 2 of 2 SILVIA DAVIS PITKIN COUNTY COÂ· R 10.00 0 0.00 . I Supplemental Information Related to Development of Lots 12 and 12A. Callahan Subdivision The following information (this "Supplement") is provided to supplement the material submitted to the City of Aspen (the "City") in connection with an application for Minor Subdivision (Lot Split) and Minor PD Amendment Request for 1449/1452 Crystal Lake Road in Aspen. The City's original consideration of the Callahan Subdivision in 1975 and 1976 was comprehensive. City officials were concerned about the intensity of use planned on the Aspen Club parcel and about the environmental impacts of the development around the Roaring Fork River. For example, the Planning & Zoning Commission required that all new construction be subject to Stream Margin Review. ' Apparently, the City's Land Use Code at that time required that buildings only be located outside of the 100-year flood plain to pass Stream Margin Review. The subdivision included "12 single family dwelling units. a duplex site, 20 townhomes; Benedict's existing home will be expanding into a club house facility, 7 outdoor tennis courts, and an indoor court facility. 5,2 The Callahan lots were established in the Final Plat and Development Plan recorded May 19,1976, subject to the Subdivision and Planned Unit Development Agreement - Callahan Subdivision (the "Subdivision Agreement") which was filed concurrently with the Final Plat. The Subdivision Agreement identified the twelve single family lots as follows: E. Lots No. 1 through 10 shall be conveyed in fee simple title to the purchasers of these ten home-sites. Lot No. 10 is designated as a duplex for occupancy by two families; the other lots are for single-family homes. [t\line single-family lots.] F. Lot No. 11 is designated as a single-family lot. [One single-family Lot.] G. Lots 12 and 12-A are collectively designated as a single-family lot. Lot 12-A is the guesthouse for Lot 12. [Two single-family lots consolidated as set forth in this sentence.] The twelve single-family lots established by the Final Platwere Lots 1,2.3.4,5,6,7,8,9,11,12 and 12A, all subject to the limitations and restrictions found in the Subdivision Agreement. From our review of the City's records. it appears that the language for the Subdivision Agreement was first interpreted by the Community Development Department in July of 1998, when Stan Clausen, Community Development Director, responded to questions raised by a local attorney. In his responsive letter, Mr. Clausen stated that "[ilt appears that Lots 12 and 12A were platted as ' See Minutes of Planning and Zoning Commission meeting of January 20,1976, attached to this Supplement as Exhibit A, pgs. 3-4. 2 Minutes of Aspen City Council Meeting of February 9,1976, p. 5 Supplement, Page 1 1.L , individual lots. However, the Subdivision agreement specifically refers to these lots as 'collectively designated as a single family lot. 3,3 Attorney John Case had asked the Community Development Department for, among other things, .Â· a determination of the meaning of the term "guest house.' After analyzing the impact of certain sections of the Code. Director Clausen wrote that "[flo maintain this guesthouse as accessory to the principal residence, the structure cannot become available for separate sale and shall remain as part ofthe combined Lot 12 and 12A. This also prevents condominiumization of the property into separate interests." Also important in Mr. Clausen's letter are his comments concernitig what would be required when the owner of Lot 12 decided to build a home on the property. At the time of the letter. the two- story structure which now exists on Lot 12A had already been constructed, but nothing had been built on Lot 12. Mr. Clausen wrote that the City would not permit development to occur on Lot 12 until the owner either (a) provided an ADU, (b) deed restricted the principal residence to affordable housing use, or (c) paid cash-in-lieu. He suggested that the guesthouse on Lot 12A might be converted to an ADU to satisfy the parcel's growth management obligation and invited the Mr. Case to follow up with Community Development to process the application.4 About six month later, the owner of Lot 12, Marie Fabianne Benedict Gordon submitted an application which was consistent with Mr. Clausen's suggestion. That request was processed for the City by Planner Chris Bendon. Mr. Bendon made the following observations in his memorandum to Julie Ann Woods, who had succeeded Mr. Clausen as Community Development Director by May of 1999: yhe applicant now wishes to develop this lot. The period ofvested right has expired. subjecting the property to changes in the land use code. The Stream Margin Review criteria have changed with the inclusion of additional requirements and restrictions: Due to the topography of the lot and its relation to the river, the Stream Margin requirements would virtually eliminate any developable land on this lot and eliminate the owner's development right. In fact. if the Subdivision were reviewed under today's standards this lot would most-likely be configured in a much different manner. The applicant disagrees with the City's position and believes the lot is not subject to ally further Stream Margin Review. The City maintains the applicability of the Stream Margin Review criteria. However. the lot exists and the City understands the owner's desire to realize a reasonable development opportunity. By agreeing to 3 See Letter of Stan Clausen, Community Development Director, to John H. Case, Attorney, found at page 3 (Exhibit A) of the Memorandum of Christopher Bendon5 Planner, to Julie Ann Woods, Community Development Director, dated May 26, 1999 (tlie "1999 Memo"). which is attached to this Supplement as Exhibit B. 4 Clausen letter. page 5 of Exhibit B. Supplement, Page 2 - r additional conditions, the applicant wishes to update the Stream Margin Approval sufficiently to proceed with a buildine permit application.Â° Mr. Bendon's letter reiterated and clarified the points made by Stan Clausen in his July 1998 letter to Attorney John Case. and identified additional conditions on development of Lost 12 and 12A, including the following, among others: â€¢ "Lots 12 and 12A are one lot for the purpose of single-family dwelling and shall remain in single ownership." â€¢ Construction is limited to the "building envelopes" shown on the 1976 Final Plat. â€¢ Expansion of the building envelope on Lot 12 will require review and approval by the Planning & Zoning Commission pursuant to the City's Stream Margin Review criteria. The 1999 Memo was issued by the City on May 28.1999. The owner of Lots 12 and 12A, Mrs. Gordon, signed a counterpart of the memorandum on June 2,1999, agreeing to the conditions set forth in the document. Mrs. Fleck purchased Lots 12 and 12A from Mrs. Gordon two weeks later, on June 18, 1999. Mrs. Fleck. working with Robert Trown, architect, and Davis/Horn, Inc. ("Davis Horn"), processed several applications for development on Lots 12 and 12A in 2000 and 2001. On August 14, 2000, Mrs. Fleck, through Davis Horn, submitted an application for an insubstantial amendment of the Callahan Subdivision/PUD much like the current application. A copy of the application letter is attached to this Supplement as Exhibit C.6 In the application letter. Mrs. Fleck, through Davis Horn, suggested most of the restrictions she seeks to eliminate in the 2017 application, including the following: Lots 12 and 12A of the Callahan Subdivision/PUD are collectively designated as one single family lot with the following restrictions and clarifications: 1. Lot 12A is the guesthouse for Lot 12. 2. Lot 12 and 12A must always be sold together as one lot and can never be sold separately. 3. The home on Lot 12 can contain no more than 6,731 square feet of floor area. The guesthouse can contain no more than 2550 square feet of floor area. This allowed floor area for each use was determined using the current (2000) City of Aspen definition for how floor area is calculated. Any future changes to how floor area is calculated shall not impact the maximum allowed floor area for these two uses, the single family home and the guesthouse. 5 1999 Memo, which is Exhibit B ofthis letter, p. 1. 6 Only the application letter itself is attached to this Supplement. A copy of the large volume of material submitted with the application letter is available upon request. All of this information was retrieved from the City's archives. Supplement, Page 3 . 4. Both homes will be built within their respective building envelopes designated on Page 3 ofthe Callahan Subdivision Development Plan. 6. There is no guesthouse definition in the City. of Aspen Land Use Regulations. The only existing limitation on the guesthouse is that it cannot be sold separately from the main residence. 7. An Accessory Dwelling Unit (ADU) can be located within the guesthouse.7 The 2000 application letter provided the following background concerning the proposed limitation on floor area available on Lot 12A: The floor area of2575 square feet for the guest house reflects the size ofthe existing house now on Lot 12A which was built in 1977. This existing home on Lot 12A contains 3275 square feet of living area and approximately 2550 square feet of floor area. substantially smaller than the size allowed in the applicable R-15 zone district for a lot the size of Lot 12A.8 The 2000 application letter described Mrs. Fleck's wish to use a part of the existing structure on Lot 12A as an ADU to satisfy the growth management requirement related to Lot 12. There is an existing 1500 square foot dwelling unit on the garden level of the guesthouse on Lot 12A. As part of a separate application, the applicant is proposing to convert this existing unit into an Accessory Dwelling Unit (ADU) in order to obtain a Growth Management Exemption for the home to be built on Lot 12.9 The Community Development Director approved Mrs. Fleck's request in the Notice of Approval dated September 1,2000. The Director adopted all of Mrs. Fleck's suggestions other than item number 6, shown above. The following limitation was inserted in replacement of item 6: "All provisions of the City of Aspen's Land Use Code shall be applied to Lots 12 and 12A as one parcel. unless otherwise stated in this amendment." A copy of the complete, recorded Notice of Approval is attached to this Supplement as Exhibit D. As shown on page 4 of Exhibit D. the -Notice of Approval was signed by Alice Davis of Davis Horn as Mrs. Fleck's representative. The statement immediately above Ms. Davis's signature reads 'WE HEREBY ACKNOWLEDGE AND AGREE TO THE TERMS OF THIS APPROVAL:". Attached to this Supplement as Exhibit E is a copy of the letter of authorization supplied to the City by Mrs. Fleck in connection with the 2000 application. In it she states that Davis Horn Incorporated is authorized "to submit a land use application for this property [Lots 12 and 12A] " and to represent me in the land use review process. The -Notice of Decision was recorded on September 205 2000. 7 P. 2. 8 p. 3. 9 P. 3. Supplement, Page 4 I f On March 15,2001, Mrs. Fleck, through Davis Horn, submitted an application to the City for the right to use 1,427 square feet of the existing residence on Lot 12A as an ADU in satisfaction of the growth management requirement for Lot 12A. The City's Planning and Zoning Commission approved the request in Resolution No. 48, Series of 2001 ( 'Reso. 48"). A copy ofthe Resolution is attached to this Supplement as Exhibit F. Reso 48 required that the ADU be registered with the Housing Authority and deed restricted in accordance with the Code. There is no evidence that a deed restriction was ever recorded against the property. Supplement, Page 5 Exhibit A RECORD OF PROCEEDINGS 100 Leaves FOR' I C. F. H.[CKEL ./ 8. I L. CO, Regular Meeting Planning and Zoning Commission January 20, 1976 Meeting was called to order by Chairman Jack Jenkins at 5:20 p.m. with members Roger Hunt, Chic Collins, Pat Dobie, and Danny Abbott present. Also present was City County Planner Kane, City Attorney Stuller and City Manager Mahoney. Approval of Minutes Hunt moved to approve the minutes of November 4, November 12, November 18, November 25, December 2, Study Session of December 4, December 9, December 16, and January 6 with the unseconded motion to correct the aforementioned minutes becoming operative plus the following spelling corrections--Greta to Gretl, Doremis to Doremus, assest to assess; seconded by Dobie. All in favor, motion carried. New Business Kane asked if the Planning and Zoning would schedule for their next meeting a work session on the Little Annie Ski Basin. The Commission agreed to have a work session. Motion Hunt made a motion to table the Park Circle Condominiums and Wedum-Hyman Preliminary Plat. Hunt retracted his motion. Jenkins suggested they do as much as they can. Jenkins opened the public hearing on the Wedum-Hyman. Hunt moved to continue the Wedum-Hyman to Tuesday, January 27; seconded by Collins. All in favor, motion carried. Urban Mass Transit Kane felt the Commission was questioning the comprehensive- Report ness and overview of the transportation plan and how the parking relates to the transportation program. Therefore, Kane asked Al Blomquist to report to the Planning and Zoning Commission so they could get the status of the UMTA application and what the alternatives and analysis needs are at this time. Blomquist suggested that a few members from the Planning and Zoning Commission meet with the citizens design caucus to keep informed and up-to-date with what is happening with the design. Within the next three months what is going to be studied is an alternatives analysis program in which $200,000 was granted for this study. Bloomquist mentioned a possibility of the Hagen' s cars being sold before the study is complete; and replacement cars may not be avialable. Thus, the cost comparison may shift heavily in favor of the bus system and may eliminate the rail. Therefore, during the alternatives analysis period there will be a full and complete planning project on the bus as well as the rail and the auto alternative. Blomquist mentioned that UMTA was in favor of the proposal because of all the factual information which was presented to UMTA on Aspen becoming oriented towards an automobile disincentive city. Blomquist presented to the Commission several charts showing costs related to the expansion of the mall, Rio Grande property, the shuttle system etc.; this all tied in with how Aspen is becoming an auto disencentive area. Blomquist mentioned four alternatives which can be taken those being: 1) do nothing to continue rapid growth rate, upzone instead of downzoning, build a four lane highway, etc.; 2) stop everything; 3) the ATE bus alternative--it would be less reliable in the winter than the trains and would be more expensive over the 20 year period and would require a four lane highway; 4) the light rail system. After the present stage, the --- - - ,Â·t ~ 4 -4- Planning and Zoning'Commis-_on January 20, 19 Urban Mass Transit alternatives analysis stage, they will proceed on a furthe: Report (cont'd) study on all the parts of new engineering data coming in; then an election by the people of the community will be held and UMTA will decide on the vote choice. The summer will shift into preliminary engineering, the final EIS; and shipping completed. The construction will start in 1977 and the opening will be in the fall of 1977. The problems are: where should it go in downtown Aspen-- the Planning and Zoning play an important part in deciding that; the right-of-way costs on the Midland are high; and the importance of the City and the County being side-by-side. Parks Maintenance Jenkins opened the public hearing. Jenkins read into the Public Hearing minutes a telegram from Pasquinelli Construction Company protesting the construction of a parks maintenance building in that area. City Manager Mahoney explained the reasons as to why the City would like to build a parks maintenance building in the proposed area. There is congestion down at the City shops, the area should be cleaned up. The people have to come down from the water department and ride the mowers into town, putting wear and tear on the equipment. It is awkward to maintain the golf course and the parks department from that location. The four alternative places to be able to store this equipment are: 1) leave the equipment at the water department; 2) the Rio Grande property; 3) the site available west of the golf course but would not be located centrally for parks maintenance; 4) the corner of Castle Creek, highway 82 area where the building is being proposed to be placed. The building would be 12 feet high. The first 8 feet would be landscaped and only 4 feet of the building would be seen. ARmstrong mentioned they are storing $60,000 to $80,000 worth of equipment outside, they would like to cut down the wear and tear on the equipment, and to have a building in which they could maintain the existing equipment to keep it running as long as possible. Large eqipment will not be kept there. The building will be completely enclosed so people will not be able to see it and the opening of the building will be facing the golf course. Kane read the obligations of the Planning Commission as to what needs to be ascertained at a conditional use hearing those being: 1) decide whether the proposed use otherwise complies with all therequirements imposed by the zoning code, 2) whether the proposed use is consistent with the objectives and purposes with the zoning code, 3) if the proposed uses are designed to be compatible with the surrounding land uses and uses in the area. The public were concerned with where the mowers would be, if they would be visable from Cemetary lane, how many people would be using the facility, where would the employees park, the square footage of the building, it was suggested to have the maintenance shed closer to the golf course, it was also suggested to have the shed near the Plum Tree Inn, the possibility of the shed in the future storing larger equipment, the traffic which it may generate. City Manager Mahoney decided to look at the possiblities of putting the maintenance shed closer to the Plum Tree Inn. Jenkins closed the Publid Hearing. Jenkins mentioned that the use does comply with the requirements of the zoning code and it is consistent with -2- RECORD OF PROCEEDINGS 100 Leaves FO... . F. WOECKEL . .. a Leo Regular Meeting Planning and Zoning Commission January 20, 1976 Maintenance Shed the zoning code in the applicable district; but is it (cont'd) compatible with the surrounding land use and uses in the area. City Manager Mahoney reassured the Commisison there will not be junk or equipment hanging around the outside area of the shed. Public Hearing Kane explained that this is a conditonal use hearing for Record Shop a proposed record and music accessory shop in the Durant Mall. There was a vote by the Planning Commission to include record shops as a permitted conditional use in the N/C zone. Kane felt the request should be approved because it represents what the applicant spoke about at the last meeting and meets the criteria of the conditional use provision. It will also be a conditional use if there is an application to put a record shop in the Trueman property building. Collins was against putting the record shop in the Durant Mall. Collins felt by putting businesses for local residents fkha~6- the commercial core will deterioate and tourist typA shopf will be the only kind in the mall. A MjbiL 4-2 01 0./ if 2 2- Herb Klien, representing the applicant, lummarized as to why a record shop should be a use in the Durant Mall. The business is oriented towards the local resident; it fits in the N/C zoning district; it provides for one- stop type shopping for local residents; a record shop would fulfill frequent buying needs; wide variety of muscial services will be offered. Klien presented a floor plan of the music shop which indicated a variety of services that will be offered. Jenkins closed the public hearing. Public Hearing Jenkins opened the public hearing on the bread and pastry Bread and Pastry shop. Jenkins read into the record a letter from Don ~ Shop Lemos expressing his support for the bread and pastry shop. Hunt asked if Kalin intended to prepare and sell sandwiche and hot or cold drinks on the premises for consumption. Kalin replied they would not be. Kalin explained there will be no baking or any food preparation on the premises. All the goods sold will be shipped in from outside of the City every morning. The purpose of the bakery will be to provide just a retail outlet for the items to be brought in. The total retail area is 450-500 square feet. Jenkins asked for a better floor plan. Jenkins closed the public hearing. Callahan Subdivision Jenkins opened the public hearing. Kane explained the separate actions which the Planning and Zoning Commission had to take. They are the Final Planned Unit Development Plan; a Conditional Use determination forthe recreational facility; a Stream Margin review; and a revision of the preliminary plat. Kane mentioned Clark had looked at the flood plain maps, and the buildings are situated above the 100 year flood plain and do not affect the Roaring Fork River. The Planning Department is recommending Stream Margin ReviewÂ· -3- ~-- *L- 11 1 i Ill 1.. - . - Planning and Zoning Commissi January 20, 1976 Motion Hunt moved for approval of the Stream Margin Review; seconded by Dobie. All in favor, motion carried. Kane went on to the second item which is a Conditional Use for the operation of a Clubhouse for the recreational site. The Planning Department recommends the area be re-zoned RR. Kane mentioned the Planning Department would like the floor plan to show that the club house will be a facility only for immediate members and resi- dents in the area and it will not be a large commercial restaurant. Kane proceeded with the Final Development Plan. In the agenda packet there was a list of 14 recommended concerns from the Planning Department which would have to be resolved before making a motion. The Commission, Kutik and Hecht went through the 14 points. All of the points had been resolved with the understanding that the sub- dividers will make it their responsibility to keep the lake at the minimum low level. City Attorney Stuller mentioned that the+ agreement will go into the final subdivision agreement; the water rights and everything wil be discussed in that document. Also, Kane felt the proposed layout for the recreation of the clubhouse should be part of the Planned Unit Development. Hecht and Kutik presented to the Commission drawings for the recrea tion which will be in that area. Motion Hunt moved for approval of Conditional Use of the recrea- tional facilities as shown on the plan which was presented seconded by Collins. All in favor, motion carried. Motion Hunt moved to recommend approval of the Planned Unit Development on the condition the comments of the City Engineer are complied with and the comments A thru Q given by the Planning Office that Callahan.is in conform- ity with; seconded by Dobie. All in favor)~ motion carried -1 Â»yuÂ·.4-Â·*37 0 Aspen View Hunt moved to recommend re-approval of the Aspen View Subdivision preliminary and final plats; seconded by Collins. All in favor, motion carried. Motion Abbott moved to adjourn; seconded by Collins. Meeting adjourned at 8:00 p.m. 4 Z.ol.4 f\. t L 1 /#h Eliza~th M. Klym< D#ty .City Clerk -4- ..4 1111111111111111111111111111111111111111111111111111111 441526 03/21/2000 10:29A MEMO DAVIS SILVI 1 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO Exhibit B MEMORANDUM TO: Julie Ann Woods, Community Development Director FROM: Christopher Bendon. Planner ASPEN Â· P]TKIN (OMMUN]n DEVE.LOPMEAT DE,PARTMENT RE: Lot #12, Callahan Subdivision, Stream Margin Review Amendment Parcel # 2737-181-32-012 DATE: May 26,1999. SUMMARY: Marie Fabianne Benedict Gordon owns a vacant lot along the Roaring Fork River, Lot 12 of the Callahan Subdivision. This parcel was created by adoption ofthe Callahan Subdivision in 1976 and included an area designated "limit of proposed building site." Staff is interpreting this designation consistent with the term "building envelope," as defined in the land use code. The applicant now wishes to develop this lot. The period of vested right has expired, subjecting the property to changes in the land use code. The Stream Margin Review criteria have changed with the inclusion of additional requirements and restrictions. Due to the topography of the lot and its relation to the river, the Stream Margin requirements would virtually eliminate any developable land on this lot and eliminate the owner's development right. In fact, if the Subdivision were reviewed under today's standards this lot would most-likely be configured in a much different manner. The applicant disagrees with the City's position and believes the lot is not subject to any further Stream Margin Review. The City maintains the applicability of the Stream Margin Review criteria. However. the lot exists and the City understands the owner's desire to realize a reasonable development opportunity. By agreeing to additional conditions, the applicant wishes to update the Stream Margin Approval sufficiently to proceed with a building permit application. Staff proposes this method and these conditions as a sensible solution providing the greatest conformance to the purpose ofthe Stream Margin Review and protection ofthe river's natural watercourse, aesthetic, and surrounding vegetation without a costly and protracted legal process. Staff underscores the specific extenuating circumstances of this lot and its inability to accommodate development iftoday's standards were applied in a strict manner. The applicant requested an interpretation of certain language in the Subdivision Improvement Agreement and the term "guesthouse" from the Planning Director. Attached is a copy of the Director's determination affecting the property. Staff reiterates a few specific findings made in that determination: â€¢ Lots 12 and 12A are one lot for the purpose of a single-family dwelling and shall remain in single ownership. 1 130 hot 01 G.u n.3 5/Ki l l AM'kx. Col.oRAI>0 81611-1975 Pting 970.920.5090 FAX 970.920.5439 I'finted (in 16Â·â€¢ %Â·ilrd t'A{,u â€¢ 441526 03/21/2000 10:29A MEMO DAVIS SILVI 2 of 5 R 25.00 0 0.00 N 0.00 PITKIN COUNTY CO â€¢ The "guesthouse" does not affect the primary use or density of the property as a single-family residence. â€¢ Deveiopment ofa single-family residence on Lot 12 must receive an allotment or exemption from growth management and development of an Accessory Dwelling Unit (ADU) qualifies the property for such an exemption. â€¢ The existing guesthouse may be 'converted' to an ADU with conditional use approval. After further discussion with the applicant, staff understands the guesthouse is significantly larger than the allowed maximum for an ADU - 700 square feet. Therefore, the ADU may be developed within a portion of the guesthouse and may even exceed the square footage limitations for such a unit. This variation may be approved by the Planning and Zoning Comm,ission during Conditional use Review for the ADU. Staff has reviewed this proposed amendment to the Stream Margin Review and recommends administrative approval by the Director, with conditions. APPLICANT: Marie Fabianne Benedict Gordon, Owner. LOCATION: Lot #12, Callahan Subdivision. ZONING: R-15-PUD. Moderate Density Residential. REVIEW PROCEDURE: Insubstantial amendments to an approved Stream Margin Review may be approved by the Community Development Director, pursuant to Section 26.68.040. RECOMMENDATION: Staff recommends the Community Development Director update this Stream Margin Review by approving this Amendment with the conditions listed below. APPROVAL: I hereby approve this Amendment to the Stream Margin Review for Lot #12 Callahan Subdivision with the following conditions: 1. The areas within Lots 12 and 12A described as "limit of proposed building site" on sheet 3 of the Final Plat and Development Plan for the Callahan Subdivision shall be the building envelopes for the respective parcels. The lots may be developed in conformance with the Moderate Density Residential (R- 15) Zone District provisions, as amended. There is no top-of-slope for Lot 12 and no associated progressive height limitation based on a top-of-slope, 2. Expansion of the building envelope for lot 12 shall require review and approval by the Planning and Zoning Commission pursuant to Section 26.435 - Stream Margin Review, as amended. 2 I Ar\r/ n. 0. n- ~Ihrronru ACOCF J ;A rio.088 P.2 111'11111111 '111111111' lili 11.111'11111111111111 lili 0 441526 03/21/2000 10:299 MEMO DAVIS SILVI 3 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO 3. For Lot 12; there stall be no development outside the building envelope other than that necessary for wildfire mitigation, installation of native vegetation approved by the Community Development Director, and the minimum necessary disturbance associated with, and incidental to, pedestrian and vehicular access to tile building envelope. Any disturbance to the natural terrain and areas of cut and fill outside of the building envelope shall be revegetated after construction with native species. Any areas too steep for adequate revegetation shall incorporate retaining walls of similar color to the natural soils and vegetation to visually blend into the surrour~dings. The applicant shall provide a landscape plan with the building permit application for Lot 12 demonstrating compliance with this condition. 4. Any and all exterior lighting for Lot 12 shall employ down-directional. sharp cut-off fixtures, and in no case shall outdoor flood lights be used. Outdoor lighting associated with the driveway shall be no more thao thirty (30) inches above finished grade. 5. This approval shall be recorded with thePitkin County Clerk and Recorder located in the Courthouse Plaza Building. There is a per page xwordation fee. In the alternative, the applicant may pay this fee to the City Clerk who will record the approval. Christopher Bendon, City Planner for/ Julie Ann Woods. CoInmunity Development Director ACCEPTANCE: I, as the land owner. do hereby agree to the conditions ofthis Stream Margin Review Amendment OWAO . A,L.8141.4 6/2 i 99 Marie Fabianne Benedict Gordon Owner, Lot 12 Callahan Subdivision. ATTACHMENTS: Exhibit A -- Interpretation provided by Community Development Director. 3 1 - -=-I-li.--Il--$/ 1111111 lilli lili lilli lili '111111 21111 lilli lili lili 0 441526 03/21/2000 10:29A MEMO DAVIS SILVI 4 of 5 R 25.00 0 0.00 N 0.00 PITKIN COUNTY CO ~~~ <IN~~I UJ~ 29. 1998 % Mr. john H. Case, Attorney ~ PO Box 4203 Aspen. CO 81612 ASPEN Â· P]TKIN Re: Lot 12 and 12A. Callahan Subdivision COMMUNIn' DE;ELCPMEXT DEPARnIENT Dear Mr. Case: In response to your June 12. 1998. letter in which you request a determination on the nature of Lots 12 and 12.4 of the Callahan Subdivision and for the term -guesthouse' as used in the Subdivision Agreement. I offer the following comments: It appears that Lots 12 and 12A were platted as individual lots. However, the Subdivision agreement specifically refers to these lots as "collectively designated as a single family lot." Lots 12 and 12A are one lor for the purpose of one single family residence. Lot 12A is described in the Subdivision agreement as "the guesthouse for Lot 12." You correctly noted that the City Land Use Code does not currently, nor did it at the time of this subdivision. contain a definition of a ~'guesthouse." I would suggest, however. that based on the language contained within the subdivision agreement and tile common unders=nding of the term "guesthouse." two current definitions loosely apply -- Accessory Use or Structure and Accessory Dwelling Unit. The Accessory Use or Structure definitions limits to the guesthouse to being on the same parcel and subordinate in character to the primary use - the principal residence. The Accessory Dwelling Unit definition allows the guesthouse to function as a dwelling unit and does not affect the primary Use or density of the parcel for a single-family residence. To maintain this guesthouse as accessory to the principal residence, the structure cannot become available for separate sale and shall remain as part of the combined Lot 12 and 12A. This also prevents condominiumization of the property into separate interests. The eventual developer of Lo<12 should be aware of the need for a Growth Management Allotment for a new home. This normally includes a full review by City Council and competing for yearly development rights. However, the parcel was subdivided prior to the 1977 initial year of growth management, and may qualify for an exemption from this process provided if the developer either provides an Accessory Dwelling Unit. deed 130 SOUTH GALENA STREET Â· ASPEN. COLORADO 81611-I973 PHoNÂ£ 970.920.3090 - Fu 970.920.5439 , 1,2 Ul - i Illillil lilli illill lilli lili Illl~Rlill Ill lilli lili lili 11 441526 03/21/2000 10:29A MEMO DAVIS SILVI 5 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO restncts the principal residence to affordable housing guidelines, or provides a payment- in-lieu based on the newly constructed square footage- Â· , The existing guesthouse may be 'converted' to an Accessory Dwelling Unit for this purpose with Conditional Use approval. A staff member ofthe City Planning Department may elaborate on this process at your request. Please let me know if I can be of further assistance. Very truly yours, Stan Clauson, ASLA, AICP Community Development Director City of Aspen cc: John Worcester, City Attorney c fl ' Exhibit C Davis Hornms. PLANNING & REAL ESTATE CONSULTING August 14, 2000 Julie Ann Woods Nick Lelack City of Aspen Community Development Department 130 South Galena Street Aspen, CO. 81611 Dear Julie Ann and Nick: Davis Horn Incorporated represents Barbara Fleck, owner of Lots 12 and 12A of the Callahan Subdivision/PUD. On her behalf, this letter requests approval for an insubstantial amendment to the Callahan Subdivision/PUD pursuant to Section 26.445.100 of the Aspen Land Use Regulations entitled Amendment of PUD development order. This Code section gives nine review standards that define what shall not be considered an insubstantial amendment to a PUD. As our requested amendment does not fall within any of these standards, we request the Community Development Director's authorization for the approval of the proposed insubstantial amendment. Both of you along with Chris Bendon of the Community Development Department have suggested that this insubstantial amendment process would be the most effective, clean way to resolve the unclear issues pertaining to the development of Lots 12 and 12A. These issues were unforeseen during the original approval process in 1976 and confusion has grown over time with the adoption of new regulations that were not in place at the time of the original approvals. Due to the unique configuration and uses on Lots 12 and 12A, the Community Development staff and the applicant have agreed that everyone would be best served by seeking to define and clarify the development parameters for 12 and 12A so all parties understand and agree on how the properties will be used now and in the future. This letter will summarize our amendment request, give development parameters which would apply to Lots 12 and 12A and address Section 26.445.100 of the Land Use Regulations, the Code section which allows the Community Development Director to authorize the approval of an insubstantial amendment to a PUD. It may be helpful to refer to my July 19, 2000 letter to Chris Bendon and Nick Lelack which provides a history of the issues surrounding the subject property. Please include this letter in the file as background to this application. ALICE DAVIS, AICP $ GLENN HORN, AICP 215 SOUTH MONARCH ST. Â· SUITE 104 Â· ASPEN, COLORADO 81611 Â· 970/925-6587 Â· FAX: 970/925-5180 Â»K f...7. PROPOSED INSUBSTANTIAL AMENDMENT The Callahan Subdivision/PUD was approved on February 23, 1976. The lots in question were platted and legally described as Lot 12 and Lot 12A as part of these original approvals. (See Attachment 1, Page 3 of the Callahan plat.) However, item 1G of the Callahan Subdivision and Development Agreement states: "Lots 12 and 12A are collectively designated as a single family lot. Lot 12A is the guesthouse for Lot 12." In order to clarify item 1G so that all parties understand the intent and purpose of this item as well as understand the uses and restrictions for Lots 12 and 12A, the following amendment to 1G of the Callahan Subdivision and Development Agreement is proposed: "Lots 12 and 12A of the Callahan Subdivision/PUD are collectively designated as one single family lot with the following restrictions and clarifications: 1. Lot 12A is the guesthouse for Lot 12. 2. Lot 12 and 12A must always be sold together as one lot and can never be sold separately. 3. The home on Lot 12 can contain no more than 6,731 square feet of floor area. The guesthouse can contain no more than 2550 square feet of floor area. This allowed floor area for each use was determined using the current (2000) City of Aspen definition for how floor area is calculated. Any future changes to how floor area is calculated shall not impact the maximum allowed floor area for these two uses, the single family home and the guesthouse. 4. Both homes will be built within their respective building envelopes designated on Page 3 of the Callahan Subdivision Development Plan. 5. Lots 12 and 12A will be considered as one lot for the purposes of applying the Secondary Mass Design Review Standard. The guesthouse can serve as the secondary mass element for the main residence. 6. There is no guesthouse definition in the City of Aspen Land Use Regulations. The only existing limitation on the guest- house is that it cannot be sold separately from the main residence. 7. An Accessory Dwelling Unit (ADU) can be located within the guesthouse. I 2 /1 r.\ In #3 of the proposed amendment above, the floor area of 6,731 square feet for the main residence reflects the floor area currently allowed for a home in the R-15 zone district for a lot the size of Lot 12 as shown on the plat, 63,702 total square feet with an effective lot size of 56,589 square feet after reductions for slope. The floor area of 2575 square feet for the guest house reflects the size of the existing house now on Lot 12A which was built in 1977. This existing home on Lot 12A contains 3275 square feet of living area and approximately 2550 square feet of floor area, substantially smaller than the size allowed in the applicable R-15 zone district for a lot the size of Lot 12A. The building envelopes for Lots 12 and 12A referred to in #4 above, were approved as part of the original Callahan Subdivision/PUD and Stream Margin approvals granted in February, 1976. These building envelopes were also re-approved through the Stream Margin Amendment Process in 1999. Item #7 above allows an ADU to be located within the guesthouse. There is an existing 1500 square foot dwelling unit on the garden level of the guesthouse on Lot 12A. As part of a separate application, the applicant is proposing to convert this existing unit into an Accessory Dwelling Unit (ADU) in order to obtain a Growth Management Exemption for the home to be built on Lot 12. If approved, we understand that this 1500 square foot existing ADU in the guesthouse can, at any time, be reduced to a smaller size as long as the unit is, at the least, of the minimum size required by the City of Aspen Land Use Regulations. (See Attachment 4, a floor plan for the existing unit.) At such time that the guesthouse and/or ADU is remodeled, rebuilt, substantially renovated or reconfigured, a new ADU restriction for the smaller ADU will override the original ADU restriction for the existing 1500 square foot unit. The new restriction will reflect the smaller unit size. This will allow the owners to continue to rent this larger, more desirable 1500 square foot unit as it currently exists without being penalized for not reducing the size at this time. We would also like to request that the approval of this larger ADU be contingent upon the owners obtaining a C.0. (Certificate of Occupancy) for the home on Lot 12. This contingency. unlike the typical building permit contingency, will not hold up the building permit process for the new residence. The unit is currently rented and housing two permanent employees who would be displaced if the unit were to be remodeled and reduced in size at this time. An application requesting approval for the ADU will be submitted within a few weeks after the submission of this insubstantial PUD amendment application. 3 . 29 REVIEW CRITERIA FOR INSUBSTANTIAL PUD AMENDMENTS Section 26.445.100 of the Aspen Land Use Regulations gives the following nine criteria for determining if a proposed PUD amendment is insubstantial. "The following shall not be considered an insubstantial amendment: A. 1. A change in use or character of the development. A.2. An increase by greater than three (3) percent in the overall coverage of structures on the land. A.3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. A.4. A reduction by greater than three (3) percent of the approved open space. A.5. A reduction by greater than one (1) percent of the off-street parking and loading space. A. 6. A reduction in required pavement widths or rights-of-way for streets and easements. A.7. An increase of greater than two (2) percent in the approved gross leasable floor area of a commercial building. A.8. An increase by greater than one (1) percent in the approved residential density of the development. A.9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a further variation from the projects approved or dimensional requirements. The proposed PUD amendment does not fall under the above categories defining what is not an insubstantial amendment. The proposed amendment seeks to clarify confusion that has resulted from the original PUD approval in 1976 and does not change any aspect of the approval. The proposed insubstantial amendment does not change the use or character of the development (A.1), it does not increase the overall coverage of the structures on the land (A.2), it does not increase the trip generation rates of the development or the demand for public facilities (A.3), it does not reduce the percentage of open space (A.4), nor the off street parking (A.5), nor the pavement widths or rights of way for streets and easements (A.6). A-7 regarding an increase in gross leasable floor area does not apply as there is no commercial space involved. A.8 states that an insubstantial amendment cannot increase the approved residential density of the development and this proposal does not as the 4 .. guesthouse was originally approved in 1976 and the ADU does not count toward the density on the parcel. The insubstantial amendment proposed merely clarifies a condition that already exists and is in no way inconsistent with the original approvals. Therefore A.9 regarding a change inconsistent with the original PUD does not apply. As the proposed amendment does not fall under any of the nine review criteria above, it should be considered an insubstantial amendment. We therefore request the Community Development Director's authorization for this insubstantial amendment. The following attachments have been provided for your information: Attachment 1: Callahan Subdivision/PUD Final Development Plan, portion of Page 3 (recorded at Book 5, Page 9); Attachment 2: Site Improvement Survey for Lot 12; Attachment 3: Pages 1 through 3 of the 13 page Callahan Subdivision/PUD Agreement (See Item 1G, page 3); Attachment 4: Floor plan for the existing dwelling unit in the guesthouse to be converted to an ADU; Attachment 5: Survey (unsigned) showing Lots 12 and 12A with approved building envelopes; Attachment 6: Pre application conference summary sheet; Attachment 7: Authorization to represent letter from the owner; Attachment 8: Fee agreement; Attachment 9: Proof of ownership; and Attachment 10: Vicinity Map. In summary, this letter has requested approval for an insubstantial amendment to the Callahan Subdivision and Planned Unit Development, an amendment that seeks to clarify a condition from the original Subdivision/PUD approvals. We hope that we have addressed all your concerns. Please call if we have failed to address any of your concerns or if any other information is needed. Thank you for your assistance with this application. Sincerely, DAVIS HORN INCORPORATED 644, COUU ALICE DAVIS AICP 5 Exhibit D : NOTICE OF APPROVAL TO: Julie Ann Woods, Community Development Director FROM: Nick Lelack, Planner RE: Callahan Subdivision and Planned Unit Development Agreement Insubstantial Amendment for Lots 12 and 12A. DATE: ' September 1, 2000 SUMMARY: On behalf of Barbara Fleck (Applicant), Alice Davis of Davis Horn Inc. has applied for an Insubstantial Amendment to the Callahan Subdivision and Planned Unit Development (PUD) Agreement (Agreement). The Agreement between the City of Aspen and Benedict Land & Cattle Company, Frederick Benedict and Fabienne Benedict, and Robert S. Goldsamt, was signed by all parties on May 13, 1976. . The purpose of the amendment is to clarify the intent and purpose of item 1G of the Agreement, which states: "Lots 12 and 12A are collectively designated as a single family lot. Lot 12A is the guesthouse for Lot 12." The Aspen Land Use Code has changed dramatically over the past 25 years. Several important provisions in the current Code did not exist when this Subdivision and PUD was approved, including floor area for the - R-15 Zone District and Residential Design Standards. This amendment is i.-90 ===-1. intended to clarify how the current Land Use Code is applied to this --1.Z parcel, Lots 12 and 12A. ==0 8 90 Â¢ Z The Applicant proposes the following amendment to 1G: 0- ==01 "Lots 12 and 12A of the Callahan Subdivision/PUD are collectively designated as a single family lot with the following restrictions and clarifications: 1. Lot 12A is the guesthouse for Lot 12, 2. Lots 12 and 12A must always be sold together as one lot and can never be sold separately. ..=Me 1 - I. E!!1!1111311!F,l Ili #1 R 0.00 D 0.00 N 0.00 P I I 3. The home on Lot 12 can contain no more than 6,731 square feet of floor area. The guesthouse can contain no more than 2,550 square feet of floor area. This allowed floor area for each use was determined using the current (2000) City of Aspen definition for how floor area is calculated. Any future changes to how floor area is calculated shall not impact the maximum allowed floor area for these two uses, the single family home and the guesthouse. 4. Both homes will be built within their respective building envelopes designated on Page 3 of the Callahan Subdivision Development Plan. 5. Lots 12 and 12A will be considered as one lot for the purposes of applying the Secondary Mass Design Review Standard, The guesthouse can serve as the secondary mass element for the main residence. 6. There is no guesthouse definition in the City of Aspen Land Use Regulations. The only existing limitation on the guesthouse is that it cannot be sold separately from the main residence. 1 7. An Accessory Dwelling Unit (ADU) can be located within the guesthouse." Staff believes the proposed amendment meets the review criteria for an insubstantial amendment, but proposes the following changes. Staff proposes deleting 6. and replacing the provision with the following language: 1. All provisions of the City of Aspen's Land Use Code shall be applied to Lots 12 and 12A as one parcel, unless otherwise stated in this amendment. Community Development staff recommends approval of the Insubstantial Amendment to the Callahan Subdivision/PUD, with the ~ following changes described above. ..09 =mie 0 2 APPLICANT: Barbara Fleck 2 9 REPRESENTATIVE: Alice Davis, Davis Horn, Inc. LOCATION: Callahan Subdivision/PUD Lots 12 and 12A =NG et 0080 33251.- ZONING: R-15 ...#1 0 =24 N 2 lifik/ilikillilliiiliti 03 11NnOO NI>I Â£990 0002/02 r i . COMMUNITY DEVELOPMENT DIRECTOR DECISION The Community Development Director finds the Insubstantial Planned Unit Development Amendments to the Callahan Subdivision/PUD and to be consistent with the review criteria, and hereby approves the following amendments to the Callahan Subdivision and Development Agreement 1G: "Lots 12 and 12A of the Callahan Subdivision/PUD are collectively designated as a single family lot with the following restrictions and clarifications: 1) Lot 12A is the guesthouse for Lot 12. 2) Lots 12 and 12A must always be sold together as one lot and can never be sold separately. 3) The home on Lot 12 can contain no more than 6,731 square feet of floor area. The guesthouse can contain no more than 2,550 square feet of floor area. This allowed floor area for each use was determined using the current (2000) City of Aspen definition for how floor area is calculated. Any future changes to how floor area is calculated shall not impact the maximum allowed floor area these two uses, the singleÂ· family home and the guesthouse. 4) Both homes will be built within their respective building envelopes designated on Page 3 of the Callahan Subdivision Development Plan. 5) An Accessory Dwelling Unit (ADU) can be located within the guesthouse." 6) All provisions of the City of Aspen's Land Use Code shall be applied to Lots 12 and 12A as one parcel, unless otherwise stated in this amendment. 7) Lots 12 and 12A will be considered as one lot for the purposes of applying the Secondary Mass Design Review Standard. The 22 guesthouse can serve as the secondary mass element for the main residence. The conditions of approval shall be: --00 1. This amendment shall be recorded within 180 days of this approval. No permits will be issued for Lot 12 until the recordation is completed. 2. All prior City ofAspen approvals for the Callahan Subdivision and Planned Unit Development shall remain in full force and effect. 3 t M "1 1'0~.Illl":"U"""I' U'11'11"I|'11' PITKIN COUNTY CO 71 3 09/20/2 0 ' 1 Attachments: Exhibit A - Application Packet APPROVED BY: DATEÂ· rij - *filie Ann Woods 00410"POEVA U ,,ffloft ,#Community Development Director *.uve,NfLAMEL CITYOFASPEN IOR WE HEREBY ACKNOWLEDGE AND AGREE TO THE TERMS OF THIS APPROVAL: Oldu. 0-Cltdy "~ 1....4 Alice Davis, Davis Horn, Inc., representing Barbara Fleck 9 j %1 7000 I)ate 11111111111111111111111111111'111111111 lill'1111111111 447163 09/20/2000 08:33A NOTICE DAVIS SILVI 4 of 6 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO 4 , REVIEW CRITERIA & STAFF FINDINGS 26.445.100 Amendment of PUD development order. A. PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. Staff Finding This amendment does not change the use or character of the allowed development on Lots 12 and 12A; rather, it clarifies the development potential for the parcel. The approved use and character of the development is low density residential with a house on Lot 12 and a guesthouse for Lot 12 on Lot 12A. 2. An increase by greater than three (3) percent in the . overall coverage of structures on the land. Staff Finding Building envelopes have previously been established for Lots 12 and 12A. This amendment does not in any way change the approved building envelopes or overall coverage of structures on the land. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the o demand for public facilities. M 0 -1 I ~ Staff Finding 0 The proposed amendment will not increase trip generation rates. 4. A reduction by greater than three (3) percent of the approved open space. Staff Finding Open space would not be reduced by the amendment. 5. A reduction by greater than one (1) percent of the off- street parking and loading space. -Ile< *.3 5 1119111111101111111~1111 ~11!11111111111 9/20/2000 08 : 33A Staff Finding Off-street parking spaces would not be impacted by this amendment. 6. A reduction in required pavement widths or rights-of-way for streets and easements. Staff Finding No reduction in required pavement widths or rights-of-way for streets would be impacted by the proposals. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. Staff Finding This amendment concerns a residential use. Therefore, this standard is not applicable. 8. An increase by greater than one (1) percent in the approved residential density of the development. 1 Staff Finding Residential densities are not proposed to be changed. Allowing an Accessory Dwelling Unit (ADU) in the guesthouse does not change the allowed density, but ADUs are not considered units of density. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. Staff Finding Staff believes the changes are consistent with the approved Callahan Subdivision/Planned Unit Development. 111111111111 'm 11111111111 lilli lilli '1111111 '111 lili 447163 09/20/2000 08:33A NOTICE DAVIS SILVI 6 of 6 R 0,00 0 0.00 N 0.00 PITKIN COUNTY CO 6 Exhibit E ATTACHMENT 7 Barbara Fleck 1407 Crystal Lake Road Aspen, Colorado 81611 (970) 925-8515 August 10, 2000 Julie Ann Woods Nick Lelack City of Aspen Community Development Department 130 South Galena Street Aspen, CO. 81611 RE: Authorization to Represent Dear Julie Ann and Nick: As the owner of Lots 12 and 12A of the Callahan Subdivision and Planned Unit Development, I authorize Davis Horn Incorporated to submit a land use application for this property on my behalf and to represent me in the land use review process. At this time, an application for an insubstantial PUD amendment and for an Accessory Dwelling Unit are to be requested. Alice Davis of Davis Horn Inc. will be the project manager and can be reached at (970) 925-6587. The address of Davis Horn Inc. is 215 South Monarch Street Suite 104, Aspen Colorado. Please call if you have any questions regarding this authorization. Sincerely, 696,41 Bk*BARA FLECK owner, Lot 12 and 12A Callahan Subdivision/PUD . %.42,7 Exhibit F 71 RESOLUTION NO. 48. SERIES OF 2001 A RESOLUTION OF THE CNY OF ASPEN PLANNING AND ZONING COMMISSION APPROVING A SPECIAL REVIEW REQUEST FOR ENLARGING AN ACCESSORY DWELLING UNIT FOR LOT 12A OF THE CALLAHAN SUBDIVISION, CITY OF ASPEN. Parcel ID: 2737-181-32-012 WHEREAS, the Community Development Department received an application from the Applicant, Barbara Fleck, represented by Alice Davis, requesting the Planning and Zoning Commission grant Special Review approval to convert a free market unit into an Accessory Dwelling Unit of 1,427 sq. ft., exceeding the maximum 800 sq. ft. allowance for Lot 12A ofthe Callahan Subdivision: and WHEREAS, upon review of the application and the applicable Land Use Code standards, the Community Development Department recommended approval of the request for the enlarged ADU, but recommended denial on the interior entrance; and WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, the Planning and Zoning Commission approved, by a vote of five to zero (5 - 0) allowing the Applicant to convert a free market unit into an Accessory Dwelling Unit of 1,427 sq. ft., exceeding the maximum 800 sq. ft.; and WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements ofthe Aspen Area Community Plan; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO ON THE 20 TH DAY OF NOVEMBER 2001, THAT: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission approved, by a vote of five to zero (5 - 0) to allowing the Applicant to convert a free market unit into an Accessory Dwelling Unit of 1,427 sq. ft., exceeding the maximum 800 sq. ft. allowance with the following conditions: 1111111111111- 111 1 - -111111111111 lilli 111 lili 12/10/200i 10:49A 461624 PageÂ· 1 of 2 SILVIA DAL .S FITKIN COURTY CO R 10.00 0 0.00 1) The Applicant shall register this ADU with the Housing Authority and the property shall be deed restricted in accordance with Section 26,520.070 Deed Restrictions. 2) 111 the event that the Applicant wishes to remodd the structure, the ADU will be required to comply with the current ADU standards in effect at the time, 3) The Applicant shall structurally remove the stainvell between the two existing units in the guesthouse thereby disconnecting the unit's interior entrance from the upstairs unit which shall be verified by the City Zoning officer in a site visit prior to the filing for a deed restriction with the Housing Authority. Section 2 All material representations and commitinents made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or docunientation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 3: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Approved by the Commission at its regular meeting on November 20, 2001. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: 01 2-=:11 - 044Â»~4Â« 744 Cid, Attorney Jasmine Tygre, Chair 6/ 6 ATTEST: t#Meck , - -:22 /ackie Lothian, Deputy City Clerk 461624 1111111 1111111111111111111111 lilli lillillt lilli lili lili 12/10/2001 10:49A Page: 2 of 2 SILVIA DAVIS PITKIN COUNTY CO R 10.00 0 0,00 6 The Gerson Family P.O. Box 1209 Olathe, Kansas 66051-1209 June 2,2017 Ben Anderson, Planner City of Aspen Community Development Department 130 S. Galena Street Aspen, Colorado 81611 Re: Response ofthe Gerson Family to the Application of Barbara and Aaron Fleck, 1449 and 1452 Crystal Lake Road, Aspen, Colorado 81611 Dear Ben, We are the owners of 1448 Crystal Lake Road, Aspen, Colorado 81611 (the "Gerson Property"). We are writing to express our point of view in connection with the application filed by Mr. and Mrs. Fleck for their request for a lot split at 1449 and 1452 Crystal Lake Road in Aspen (12 and 12A, Callahan Subdivision). We are fortunate and grateful to live in the most beautiful place on earth, and as our Dad would often say, his "paradise." Our home, formerly Fritz and Fabi Benedict's, is next door to the popular East Aspen Trail, overlooks the Roaring Fork River, and is close to the entrance of the Nature Preserve. This location and setting are truly unique. For these reasons, we trust you will appreciate the significance of Mr. and Mrs. Fleck's application and the impacts the changes they request will have on our neighborhood. Thank you in advance for your thoughtful review to maintain and protect our beautiful property in its current environment. It's truly unique in Aspen. Our property was described in the application as an "intervening single-family InfiT'WARWWOM/al'~VI home... located in a separate subdivision (The Stillwater Subdivision) and M~ within a wholly different governmental jurisdiction (unincorporated Pitkin //mgc/mi. *vmw/BABM County)." As shown in the graphic to the right, the fact of the matter is that our 4//*12/Z,2/*-42<'i1Wi property is intimately linked to Lots 12 and 12A. The changes requested by the .4~:39 Flecks for their property will have substantial impacts on our home. MI[-1/KIRETS<wil.31'1 . After a careful evaluation ofthe requested changes, we support certain elements 1)48813. *. of the Flecks' request and oppose others. In general, we endorse the Flecks' I.,1|â€ži.uL di* 4 request to separately convey Lots 12 and 12A, provided the City continue to I.ia..BULS..;,*F enforce the following covenants established in prior land use decisions which : .ne,En were accepted by the Flecks -- primarily through written agreement. $1 'LAM Â· B 1. All new or replacement development on Lots 12 and 12A must remain within ' , leek- LE,4 12 .i, 9 the building envelopes established in the Final Plat for Callahan Subdivision, as miwma the envelopes were acknowledged by the City and the owners in the late 1990s. M!.IHIâ€ž.~Fs<- 2. There is no change to the floor area permitted to either lot. 3. The Open Space Parcel associated with Lot 12A must be preserved as open space and not used for any other purpose. With these modifications, we can support the Flecks' application. We believe a strong factual basis exists for continued enforcement of the three covenants listed above. Those facts are a part of the history of development on Lots 12 and 12A. Unfortunately, much of that information was not included in the application package. To provide the missing information we asked our attorney, Michael Hoffman, to research the history of Lots 12 and 12A, as well as the history of our property. The results of his efforts are found in the Supplement which is submitted with this letter. Covenant #1 - Development to Remain in Established Building Envelopes As stated in the Supplement, City officials were concerned about the environmental impacts ofthe Callahan Subdivision when it was reviewed and approved in 1975 and 1976. It was important, for example, that all of the buildings be located outside of the 100-year flood plain. This was particularly important for those lots which abutted the Roaring Fork River, as is the case with Lot 12. As the heir of Fritz and Fabi Benedict, Marie Fabianne Benedict Gordon was the owner of Lots 12 and 12A in the late 1990s. She asked the City to clarify what development rights existed for Lot 12 (Lot 12A had been improved in 1977), and learned that the City's Stream Margin Review regulations would "virtually eliminate" any developable land on this lot and eliminate the owner's development right." 1 To resolve this problem, the City and Ms. Gordon agreed that Lot 12 could be developed, subject to certain limitations. One of those limitations, as memorialized in a document signed by Ms. Gordon on June 2, 1999, was that construction is limited to the "building envelopes" shown on the 1976 Plat.2 In 2000, as Mrs. Fleck was moving toward constructing a home on Lot 12, she requested an insubstantial amendment of the Callahan Subdivision/PUD much like her current request. To facilitate a quick decision on her application, Mrs. Fleck, working through local planning firm Davis Horn Incorporated ("Davis Horn"), suggested a number of limitations on development of Lots 12 and 12A. One of those suggested limitations was that "Both homes will be built within their respective building envelopes designated on Page 3 of the Callahan Subdivision Development Plan."3 On September 1, 2000, the Community Development Director accepted all of the substantive limitations suggested in Mrs. Fleck's application in the Notice of Decision discussed in the Flecks' current application. The Notice of Decision was recorded on September 20,2000. The Notice of 1 Supplement. page 2. 2 Supplement, page 3. 3 Supplement, page 4. Page 2 Decision was accepted by Mrs. Fleck as evidenced by the signature of Alice Davis, as her representative.4 It is difficult to understand how the applicant can argue that the Notice of Approval is invalid. It was issued in response to an application subm itted by Mrs. Fleck, largely included the limitations she suggested for the property, and was signed by her representative. Clearly these limitations are valid and should be fully enforceable. Covenant #2 - No Change in Floor Area Permitted to Lot 12 or Lot 12A. The first limitation on floor area on Lots 12 and 12A was suggested by Mrs. Fleck in her 2000 land use application submitted by Davis Horn, as follows: â€¢ "The home on Lot 12 can contain no more than 6,731 square feet of floor area. The guesthouse can contain no more than 2550 square feet of floor area. This allowed floor area for each use was determined using the current (2000) City of Aspen definition for how floor area is calculated. Any future changes to how floor area is calculated shall not impact the maximum allowed floor area for these two uses, the single family home and the guesthouse." â€¢ As relevant to Lot 12A, the 2000 application explained that "The floor area of 2575 square feet for the guest house reflects the size of the existing house now on Lot 12A which was built in 1977. This existing home on Lot 12A contains 3275 square feet of living area and approximately 2550 square feet of floor area, substantially smaller than the size allowed in the applicable R-15 zone district for a lot the size of Lot 12A. Again, Mrs. Fleck's suggested limitations were accepted by the Community Development Director and made a part of the Notice of Approval. Mrs. Fleck's representative signed that document on her behalf. The fully-signed Notice of Approval was recorded in the real property records of Pitkin County over 16 years ago. We believe the current Floor Area limitations are appropriate and should not be changed. The Callahan/Stillwater Subdivision area is one of environmental sensitivity and the current floor area limitation is appropriate. [ CONTINUED ON TOP OF NEXT PAGE ] 4 Supplement, page 4. Page 3 Covenant No. 3 - Lot 12A Open Space Should Remain Open Space. As shown on the survey of Lots 12 and 12A submitted with the application, Lot 12A actually includes to sub-parts - Lot 12A and the Lot 12A Open Space Parcel. A highlighted excerpt from the survey is found immediately below.5 11.. 22 i : 9/1 I.Â¥ 3/lill 1 -- ' r Ill 1 rl , - 11 *4, r - I-&14 -, /-&59 - .....A LEâ‚¬E .-1.- , f,#}4 -,r,4 - I.'99/ p ..1.*'. .- ./.-1.- V .- A- 1 .... r .& , / I.-:il-*k.Fj .14- 1 2 12&: . . ... -- "-- 1*62- 24 â€¢14=/-#. -~ my \ Illi -- . 2._SZC_z 75*. : E 1 , The green section of the excerpt is the Lot 12A Open Space Parcel. The brown section between the two parts of Lot 12 is Crystal Lake Road. The driveway to our home is located on the Open Space parcel, pursuant to an easement granted by Ms. Gordon when she was the owner of Lots 12 and 12A. "Open Space" is defined by the City of Aspen Land Use Code as "A designated space or area of land suitable for public or private use, including space available for landscaping. Such space shall be open to the sky, free of automobile traffic, parking, display of merchandise, outdoor storage or undue hazard." 5 A larger copy of the survey excerpt is attached to this letter as Appendix 1. Page 4 As shown on the survey, the Flecks have installed a trash enclosure and a shed on the Lot 12A Open Space Parcel. In addition, when the ADU and free-market units on Lot 12A have been fully utilized, cars have been parked on the Open Space Parcel. We believe that uses which violate the City's definition of open space are inappropriate and should not be permitted on the Open Space Parcel. That requirement should be a condition ofthe City's approval ofthe Flecks' land use application. In summary, we are willing to support a lot split, asking only that the original and long-serving agreement between the property owners and the City continues to be honored -- preserving the integrity and beauty of what we all love about this special place. Sincerely, THE GERSON FAMILY # IVA 773, -1-12/'Af/*1) 2 .4 Janlfs S. Gerson 4 Jd}(n Andrew Gerson EXL Iii- 4 Elizabeth Gerson Hjalmarson 4- AL -44 Â· Julie Gerson, by Elizabeth Gerson Hjalmarson, her Attorney-in-Fact Page 5 ~ 13C S. Galena ASPEN * PIT~OMMUNITY DEVELOPME~ARTMENT General Asi~bn, CO 81611 VI=v PERMIT APPLICATION Permit 970/920-5090 920-5448 Inspection line PITKIN COUNTY U CITY OF ASPEN g PERMIT No. 05,E22/7712 ~ lauu.~.,~~~~~**~~:imbere,/1 SpaCes or,4. C jitia-QJ ibED -94 JOB ADDRESS 3 , I i----13-1---' '1 6\012-OEN ~CALL-AH-44 â‚¬,VE,CÂ¥.85,c,J /444 L'--11-') 4<Â®> id#4464Â£2; )- . CO_ 2, 4%L LOT NO BLOCK TRACT OA SUBDMSION QoliggiA / COU.A '+AN DE OWNER MAIL ADDRESS PHONE 3. E'4REPAFKA ~-LAFLE 01 D R-1-4 FD CONTRACTOR MAIL AD DRESS PHONE UCENSE NO FN 4. ,Al-P) IVE Cof\/ 9-Ruc-ne,g 3,5 E N 14/A/ ASPEN Co ~ / ARCHITECT OR ENGINEER OF RECORD MAIL ADDAE ss* 5- lawâ‚¬L-1<1000 - â„¢0â‚¬- -CENSE NO MH yâ‚¬,5. Ec)ee,cr- -tiKI)-H A-0 AÂ·510:--- Ba,o,fag toâ€¢,-6 54Â·M3-Z:3 -61-31 3 MS DESIGNER MAIL ADDRESS PHONE LICENSE NO RF 1014 ENERGY CODE FEE USE TA< ~Â£â‚¬NS,~S CtOE GIS. FEE **S OF WORK k~ 7..pNEW O ADDITION O ALTERATION O REPAIR O 927.5- 9 00\)02-cu' ., t USE OUUILDING 0 8. Kâ‚¬&(CON-nAL- S M PLAN CHECI(FEE PER,liT FEE ZONIN& FEE / E CL VALUATION OF WORK SQUARE FOOTAGE 60 21, 9 â‚¬ 2 9257 33- 2 173.4.9- lype of Construction Lot Area ' 9 $ 1,163,55-6 10. 6653 + VE OCCOSJÂ© 2 0 11. Is there food service in this building 0 YES *No Size of Build,no No of Elones Occ Load 1169 Clk/1 1 nlp-- 9 12. Is LPG used? O YES peto V , 1 49'.1 -1 NO OF BE~ROOMS Use Zone Are Spnr*ters Requ,red- Yes ONo p 13. Parcel ID# 2-1 -5-7 . 131 . -61 Â· O/2/- Ellf AH *)-6 PUD Al= System Requred; O Yes ~0 14. F}emarks Units ~ OFFSTREET PARKING SPACES 6, 1 3<:)/100 uf/&- AUU &44_Â£1~Â· Noing I-cl <34 C A D .1 SPECIAL APPROVALS i REQUIRED AUTHORt*D BY 'bATg - ZONI ~0 1-W D 3 4 204.1 a Lit .3- H RC , A P (le Â£> A A f-\ . PARK DEDICATION + 46rm = 456394Â° EN'MAO. HEALTH PRESUBMITTAL APPOCATION ACCEPT~~ ~ PLA~e~84<1.~SSLANCE E-EE,bl-tÂ¥= OF- Cr/4 0-7-60 m I JOR- ,~~ '&-RalÂ·--J /96 h.-rfflÂ· I~i?f~ft:<%~?1~~~~~ FIRE MARS,UtÂ·4 92.4 -1/0 11 0-J NOTCE \ F ~*SPENCONSOL SAN. DI~ng =47 OTHER 831/5,80 c.zeh Ir, ld.ue ~ DuÂ°.frior 40 f(lia% VENTILATING OR AIR CONDITIONING THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION 0 + 80.691 64&*A= 1*906330-- AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS, OR IF CONSTRUCTION PAYMENT OF PITKIN COUNTY USE TAX OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 180 DAYS AT ~ ANY TIME AFTER WORK IS COMMENCED. [+JVIONTHLY OR QUARTERLY RETURNS WILL BE SUBMITTED. 1 HEREBY CERnFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND O DEPOSIT METHOD 0.5 % OF 25% OF THE PERMIT VALUATION PAID KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED AT ISSUANCE. A FINAL. REPORT ON TOTAL ACTUAL COST MUST WITH WHETHER SPECIFIED HEREIN OR NOT THE GRANTING OF A PERMIT BE FILED WITHIN 90 DAYS OF SU3STANTIAL COMPLETION OF DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PRO- WORK AND / OR ISSUANCE OF THE CERTIFICATE OF OCCUPANCY. VISIONS OF ANY OTHER STATE OR LOCAL LAW REGUlATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. IT IS MY RESPONSIBILITY TO Â¤ EXEMPT: EXEMPT ORGANIZATION REVIEW THE APPROVED PLANS AND ANY COMMENTS THAT ARE CONTAINED /1REREON AND SEE THAT THE STRUCTURE 41~D/OR PROJECT IS BUILT IN O RESALE: STATE & Pin<IN COUNTRY RESALE NO. C 4 9401) ZaÂ© ANYONE WHO USES AND / OR CONSUMES BUILDING MATERIALS AND FIXTURES IN Pm<IN COUNTY IS SUBJECT TO THE 0.5% USE TAX. SIGNARJRE-OLe[2822 OATE) PROPERTY LIENS MAY BE PLACED ON THE OWNER'S AND /OR THE CON- SIGNATURE Of- OWNER (IF OWNER BUILDER) (DATE) TRACTOR'S PROPERTY WHEN USE TAX IS NOT PAID T I lib f OfiM IS A PLAMIl ONLF WI]EN VAI IDAIED WORK S I AR M: D W I 111 01 J 1 PER MI T WIL L BE OOl)BLE FEE Energy Code Validation Plan Check Validption Zoning Validation Permit Validation 0.5 % Use Tax Deposit Validation ?Yl, 5 LI 6026,75 ,z-44 60%>9 33,5.1 92275,35- -' , Repr 521 i 0%0 1 ---- 5/,~~.16 1 W/Â£/4-03 WHITE-FILE COPY CANARY-APPLICANT PINK-BUILDING DEPARTMENT !.BOLD-46Â£@SOR cz -6 rb 4 , -3144Â©4 \-\CA Nict . r '1'g'flot -11-' Figure 1 1% f# 15==21 - -- .44$4=3 + I -â€¢c-=42'4'/WrA R.ver 6-y.â€¢11- Â¢2 5/P:=m:=ey/L A t. fÂ«t_ rÂ»_tÂ°.gi 9 ':11 #5 72''I~f# //<==t= , 4071 1 EW :m:pu- 21, 744 Ni- POR 1 Â·" I r---17 00 h % L DEAN ~ 3~UN- j~ #~r--,Mi--~f h --if f==94 LIItle < irf =- P.* 4!t 4, 9 -111 Nell hal if <: Â»ffÂ» ,ift# 4:.*3~ *r' ji'jry b i k U 77 4-- 4~~~-r -7,-\1 tt o~ ~~ 113Â»~% 11 u 'I~ 0 v-- ASPEN W 4/1 2 4 2,? 34/,f 90* i \ 4 ~ râ€¢- WES TVIEW p R 8 L i f -76 -.... RrvEMOE f' b-' 9) .1 d 0 .* ..r - 4 1 ( d V LOT 12A| 6%_ 1 , ~7 bal $ UTE B . ,Â¢<I\*4~Ek DR Â£. CemeteryÂ· r--0-4% ~~LLAK - C . 4. P-,1 4 Ute 9 8 ~ ~~' A~~- --~0**~ ,~-~69~~~~~* ~-~~~ -< ~ - 1 LOT 1~2 ~Â©' ~ ~ ~ t <:62 4 W. F. f ybA usps , i 1 1-a ...r U 4 .. / 51 La.12# Nt:& 4 il ~ 2~41% .,ia...Of' 40' f rs#= Nk\Jr. 1 /1,' f i v. 21- n UJ '' ' ' 5~ i ..1 ijf 1 1Â£ JSFS .,Â¥e, h. -- i. 1* . 11#Le,P /=5/ '4*26 R -15 1 203 i - 246 - LOT 12A 1,1 210 222 4 1. 428 1432143* 14301432 1452 b 1434 1440 1444 f- / 429 1443 1431 1441 1437 143. .102 42 1433 1435 1441 Parcel Boundary i Parcel Number: 273718132012 1 Account: R008465 1 Owner: FLECK BARBARA Location: Aspen 144. View Asx5sor's web pace for this C gm=m SPA - F 4 -LOT 12~ 4 CALLAHAN SUBDIVISON, LOT 12 & 12A VICINITY MAP FORUM VICINITY MAP PHI Monumented Land and Improvement Survey Lots 12 and 12A Callahan Subdivision SITUATED IN THE El/2 OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P. M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COL-ORADO STARWOOD . I. 9. I ..'. MeLA~ 13 4 An Â· 4, TO: .4 I ~KWS AD -In.... SNOWMASS VILLACE BASALT ASPEN AIRPORT : BUSINESS CENTER ./. NIOGE ~ RED W(U- AED MOUNTAIN '94 Ge / 4 144: O /* RANCH GPS Mon No. 4 9 4 ROARING Brass Cap : Italge Box SARDY FIELD . I ..EN . -Â¥ 4 14 m CL S. West End St & 4 : =LI a , 'al E Hophns A- 4 . $ I 2 Â£ 8 I . TE. 44 49 Â¥f BUTTERMILK */ co~r : S ./ . GPS Mon Ne. 1 4 / COUTat W 0 - I r Uppy 384 / I Dur-t Al/ 4\Mb. ..EN SWUGGLEA aLE KEM I \421 ./~ CLUB % . TENNIS - En 4 di\ /3 1 \ 1 4 2 - 43>9, \ :.:: I 4'1 . 1 D revANT 0.3 .' n A-2%~ m s, 0 :I , 63.73 % ab. 1 4 1 .4. Iâ€¢t 13B Open SpaÂ¢â€¢ -lahan Subdivision . I \1\ 1 ASPEN HIGHLANDS 3-'.... 0.. S Aspenelublroup." ~ ..1 10: ASPEN SKI AREA 8 7302Dumn,Avc. I 1 UAR{a~ BELLS MOUNTAIN 82.IVE '' A$pen, CO. B16] 1 1 1.\ 4 SKI AREA tc]: â€ž. 1 g \\ :%/BWV â€¢11. 1 TO 2/ Salval=I}itÂ¢h cmement 1 *\ PROJECT SITE , I INDEPENDENCE PASS p......Subdivlsion pla~,Ric. No. 183819 L - -1 4/ \\ Fo~nd Rebar W/Plutic â€¢ 1al 4 VICINITY MAP - NOT To SCALE 14' Tâ€žit Easemert (Seeno~13) 12\ 1 \ 0 1 11 \\ 0 \ SURVUOR' S CERTIFICATION: 1 \\ 1 9/EN PREPARED FOR THE BENEFIT 0/ ASPEN ......., LIC IND THEIR ASSIGNS AND LAND TITLE * I.\ I \\ / I I. SAMUEL 0Â· 21(ELPS, DO l[EREBY CERTI rY THAT I AM A LICENSED IAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLOR~DO, THAT THIS MONOMENTED LAND AND IMPROVEMENT SURVEY HAS A -5' 4, I + GUARANTEE COMPANY AND THAT IT ACCUIIATELY DEPICTS THE BOUNDARY AND GE .PROVEMENTS AS SHOWN 1 5.L TI{Al' SUCH MAP WAS PREPARED FROM AN ACTUAL SURVEY OF THE SUBJECT PROPERTY AND ..T IT WAS HEREIN. AND THAT SUCH MAP COMPLIES WITH ALL REQUIREMENTS OF C.R.S. 38-51-101 AND 102 ET.SEQ,, i ff-1 PERFORMED BY ME OR UNDER MY DIRECT SOPERVISION, RESPONSIBILITY AND CHECKING, AND THAT Ir IS TRUE AND CORRECT TO THE BEST O. M~ KNOWLEDGE AND BELIEF. I E-URTHER CERTIFY THAT SAID SURVEY CLOSES WITHIN A MINIMUM TOLEUNCE OF 1 FT. IN 15, 000 Fr. 91 \ANDRÂ·e BY: SaOEL D. PHELPS <*F-94 COLORADO LICENSED PROFESSIONAL */1 -I Samuel D. Phelps|%2 LAND SURVEYOR NO. 27613 \ Lot 12A ~Â©\4 ~41 FOR AND ON BEHALF OF SURVCO, INC. 'K ,27913 j,~;# A COLORADO CORPORATION 1 1 19365.7 Sq. rt. ~'~~1 DATE OF CERTIFICATION: 15/AUGUST/2016 ,@*ElE:!41 49/ 1 rk \1\ 6, LEGAL DESCRIPTION: IarS 12 AND 1. / li CALLAHAN SUBDIVISION 1 \\ . P\.9 X I ACCORDING THE SUBDIVISION 'LA' 711/REOF AS FILED FOR REcoRD MAY 19, 1976 AND AS AMENDED ACCORDING TO THE PLAT THEREOF ONDER RECEPTION NO. 183869 r \ . AS PnED FOR RECO* AUGOST 17, 1977 4 . C.UNTY OF P.*3 I -%16 114 14.. CITY OF ASPEN UNDER RECEPTION NO. 196746 I \ ~54'. 9 444 1 440 4" CONTAINING 2.119 ACRES .ATE OF COI.Ofu~DO Mul,i ~~4:'#In,Iy ~124 1 1#. 0 STREET ADDRESS / X Acâ€ž,i/ f. 50' Rebar w,plastlc â‚¬51 '14:. 1449 AND 1452 CRYSTAL 1./2 ROID Woodprahle Con:-tion . . ~4 IeÂ«nP~ Kne. PLS No. 9184 {A PRIVATE DRIVE) 6 , 1452 Cry,Wmeltd ./ ./ ASPEN, CO. 81611 con.. N . \ j k Â· Aspen, CO.80611 , Slab . 1 ./. (WITHIN MUNICIPAL LIMITS) Found No. 5 Rebar FLOOD STATEMENT 1934%'indwardlane 0 ..Deck - I ACCORDING TO THE /00/ INSURANCE RATE MAPS FOR PITKIN COUHTY AS PREPARED BY Newpoi leach, CA- 92660 L Z THE rEDEUL EMERGENCY MANAGEMENT AGENCY THE SUB JECT PROPERTY DEPICTED HEREON I , IS DESIGNATED TO LIE WITHIN T[IE LIMITS OF TH' 100 YEAR FLOOD PLAIN AS SHOWN ON e '44 \ A\ COMMUNITY PANEL NO. 08097 C0204 C, EFFECTIVE DATE JUNE, 4, 1987, SAID 100 YEAR FLOOD PLAIN LINE IS AS DEPICTED HEREON. 0' 3 / 44 t. A ...40'*4 1 C.iloi.,Buildingâ€ž 1 Slonemm . I 6 + .4 .. 1 ' 9/ Plc 3, C.lahan . \ ihq /0 / 40 ,4 41 4 4\...43.2 'ubdiv,sion (location .\Â» 8/ %44?,2 4 \ VA ..\ .1. 4 Found Rebar w~[aslIC 01 V . \ / / Ld Nail W/sh~ / 4 \441 360 Cap, PLSNo. 9104 \ ~~ PUN#.27613 - 3- ./ \\\ 044* 14â€¢ T,ail E=*c.ncru (secool 13) 3/ d \Trmh Enclwic Stollelmber V .. t\\- Â«0 . -- / 3' thllily E-lent / \\ 44 0-% 2--L V .. \ 43. \ f -XEE -62 \\ . /1 --\\- A.htlth' *Plat / I / I 4 \-0 - -4Â¥ Â» - 1$%?m p Found N,15 Rli . I %61Â¢6* .%. 14 -1 \\ f- n.~3>2 CURVE 2 Found Floperly (*81 / - I \ No SR//24'Lo "~Lot 12A (Open-S#F~&) Shed g.1 . \A- I.\ 9250.As'. Ft. ' \ . * 890â„¢LA.P \ 197-2/< #~1_w<-544~k~~~1 1 1\ 1 9 i bl â‚¬h 0.212\Acrea \\ \ Found *l W/Shint, / 1 \ i Â® PLSNo.*Pil Found Nail W/Shine # PI.SNo. 27~1-----IEEEily--48001 \.2,.1,1/1-7~ < 1-';~-1 sa9046'00Â·6 2 2~ 10'UtikyÂ·Eume..rl. 31/ \ Fo.d......lic ~ /4 ~13â€¢A~~/imml. 1 " -grp.Ing!84 Â£ 3//deditcheasement 5 ...0.421520 -/ / 7- Acces, E cement No. 2 f m shown on Callahan Subl 2~ 1 -17'Rec~No~421320 Plat-(Book93,1~ge 4041 1 \7 4 - I.ti i <9 : j Phonc Peds. 0. GIll 1 MATCH LINE - SHEET I / Legend of Symbols \ 1 1 1 $ Â£u.L *Tr= Â· Sizz~3* Â® M. Suile,Sew/Mahok 4 SHEET 2 Transrolrocrindical/app=ent -1-.~3 5.Al \ 10Â¢alionerHolyeoss~* 1) THIS SURVEY DOES NOT REPRESENT A TITLE SEARCH BY THIS SORVEYOR TO DISCOVER 9 Ekal/.9,0 Trm.Si:z'Si,-d # E~1~Â·Wâ€¢le~Shirt,Gv.,v~ SORVEYOR'/ NOTES: of....emcnt,Rec.No. 1 (Ai \ 461691 LAIÂ· e W. U~1.- EASEMENTS OR OTHER ENCUMBRANCES OF RECORD T]LAT HAY AFTECT TME SUBJECT PROPERTY. Gas Metcr ~ ~ ALL INFORMATION PEMAINING TO OWNERSHIP AND EASEMENTS OF RECORD IS TAKEN FRCH INSURANCE COMMITMENT NO. Q62007671-2, E/FECTIVE DATE AUGUST 01, 2016 AT 5:00 I Fin~,4.0. Spolle,ace A TITLE INSURAN.6 COMMITMENT ISSUED BY LAND TITLE GUARANTEE COMPANY, TI~LE 49 &,tac.14,-.Tme.5~20'5$ P.M. THIS PROPERTY MAY BE SUBJECT To US PATENT RESERVATIONS, IlINERAL RIGHTS 20 -.way./mcct for # 12 -- ./ - | AND PROTECTIVE COVENANTS AS NOTED TILEREIN. * Exin ./. Â® E,0. Weg ./#d bythaldocurner,trecor,led 1 2, BEAR11*39 AS SHOWN MEREON ARE BASED OPON A RECORD BEARING OF N. 8948' 24"W. 6 }1'.di.P p.,lo spo In Book 434. Pgge 66 FOR LINE 1-9 OF THE RlvERSIDE PLACER [MS 3905AM). MONUMENTATION BEING FOUND IN TH' FIELD AS INDICATED H.REON. Â® hoptrty Puis ..4 . Set 3) DATI OF FIELD SURVEY: SEPTEMBER, 2015, UPDATED AUGUST 12. 2016. ' O 1*, - 0 - Oead UN.... 4) THIS SURVEY IS BASED UPON TIle RECORDED PLAT OF THE CALLAHAN SUBDIVISION AS RECORDED UNDER RECEPTION NO. 183889 AND THE MONInrENTATION BEING BOUND IN - 5,0. PLACE AS NoÂ·rED HEREON. 9 S- â„¢- GRAPHIC SCALE COUNTY ASSESSOR WEMSITE AS OF AUGUST 15, 2016. 5) ADJOINING OWNER INFORMATION AS SHOWN HEREIN IS AS POBLISHED BY THE PITKIN 4 Ezbt &,1,-t 0 10 20 40 . TO THE I,AND USE CODE OF TH' CITY OF ASPEN THE BUILDING SETBACK REQUIREMENTS t>4 .i~t VI';I~V,lil -/I X Wood-Pace 6) TllIS PROPERTY IS ZONED R-15 MODERATE DENSITY RESIDENTIAL AND ACCORDING * 1 m ..LLOWS: 0 '11... ...' FRONT YARD: 25 FEET RESIDENTIAL DWELLINGS, 30 FEET FOR ACCESSORY AND ALL 4 Tmmc Con~ h OTHER BUILDINGS. . n- ( IN FEET) REAR YARD: 10 FEE' PRINCIPAL BUILDINGS, 5 FEET ACCESSORY SOILDINGS. , M.al. SIDE YARD: 10 FEET â‚¬1000 ./. W. 1 inch = 20 ft MAX. HEIGHT: 25 FEET. 0 Tel, ./. MIN. DISTANCE BETWEEN DETACHED BUILDINGSÂ· 10 FEET. ,~f-'~ EleÂ¢Wch.~p~, e Ek,ric,1~11,1 All linear dimen,ions shown hercon m in US Swvl Feel 7) ACCORDING To THE AGREEMENT RECORDED UNDER RECEPTION NO. 183890 LOTS 12 AND O -/.c=1,0.1-cle 12A ARE CONSIDERED AS A SINGLE FAMILY LOT WITH THE STROCTURE ON LOT 1. BEING - I .... Wed..- DESIGN-ED AS A GUESTHOUSE FOR LOT 12. CURVET,BLE 8) THIS PROPERTY IS SUBJECT TO A RECIPROCAL EASEMENT GRANT AS RECORDED UNDER O ad' W=Mall, Curve No. Arc length R,dius Ce-1 Aâ€žgle Chord'clng Chord Disun= T=1*Dulance RECEPTION No. 183919 IN W}UCH THE SPECIFIC LOCATION OF THE UTILITY EXTENTIONS Curvel 50.20' 373.00 7Â°40'lor S83â€¢04Â·55Â·W 50.]6' 25.14' (PIAT BOOK 5. PAGES 7-101 ARE NOT SPECIFICALLY DEFINED BUT ARE NOTED AS BEING PER THE CALLAHAN SUBDIVISION CulÂ¥02 4963Â· 399.00' 7'0743. SS,91'08-W 49.61 24,85â€¢ 9) THIS PROPERTY IS SUBJECr TO THE .NOTICE OF APPROVAL' AS RECITED IN THAT Cur,(3 684/ 76.. 51.34.00. N63'0800. 66.17 36.71' DOCUMENT RECORDED UNDER RECEPTION NO. 447163. Cur,e' 90.0 100.. 31*34.- N63'08'OK)-EE 86.99 48 31' RECOf~DED UNDER RECEPTION No. 461624. 10) THIS PROPEaTY IS SUBJECr TO THE CONDITIONS AS RECITED IN THAT DOCUMENT Cur,e 5 63.17 603.. 6.00/8 S36â€¢26'36Â·E 63.!4Â· 31.61' 11) 7HIS PROPERTY IS SOBJECT TO THE CONDITIONS OF APPROVAL OF THAT MEMOnANDUM Curvâ‚¬6 221.96' 603.0[7 21'03,6. .09719Â·2 220.71â€¢ 112.25 AS RECITED IN THAT DOCUMENT RECORDED UNDER IECEPTION NO. 441526. 12) THIS PROPERTY IS SUBJEer TO AN EASEMENT BEING 10 {TEN) PEET IN WIDTH FOR PLAT DEPOSIT CERTIFICATE 461691 IN WHICH THE SPECIFIC LOCATION IS NOT DEFINED. SurvC 0, Inc. AN UNDERGROUND POWERLINg AS RESERVED IN DOCUMENT RECORDED UNDER BECEPTION NO. THIS PLAT WAS DEPOSITED WITH THE OFFICE OP TH' CLERK AND CONDUIT AND VAULT AGREEMENT FOR Trlig PURPOSE OF ELECTRICAL SERVICE AS 1:ESERVED 13) THIS PROPERTY IS SUBJECT TO A HOLY CROSS ELECTRIC ASSOCIATION TRENCH, RTK GPS and Conventional Land Surveying SerWces RECORDER OF PITKIN COUNTY AT /'CLOCK___./., IS NO'r DEFINED. 826-1/2 Grand Avenue IN DOCUMENT RECORDED UNDER RECEPTION No. 462288 IN WHICH Ing SPECIFIC LOCATION ON THE DAY OF , A.D. 20 AND IS LOT 12A BUT DOES NOT SHOW AN EASEMENT OR DIMENSIONS FOR TIle TRAIL. THEeE EXISTS 14) THE AMENDED .Al OF CALLAHAN SURDIVIS1 ON DEPICTS A MULTI-USE TRAIL CROSSING post Office Box 2782 DEPOSITED IN THE LAND SCRVEY INDEX OF PITKIN COUNTY IN NOT SHOWN ON SAID AMENDED PLAT. THEREFOR THE EASEMENT DEPICTED HEREON FOR TIll ON SAID AMENDED PLAT A NOTE REFERING TO THE ORIGINAL PLAT FOR ALL INFORMATION Glenwood Springs, CO. 81602-2782 BOOK , PAGE SORVEY PLAT .0. . liti'INAL CALIAHAN PLAT ..ING .7 FIET ON EACH SIDE OF THE 'ENTERLINE OF THE TRAIL TRAIL IS IN ACCORDANCE TO THE LANGUAGE FOR THE TRAIL EASEMENT AS SHOWN ON THE Phone: (970) 945-5945 AS CONSTRUCTED.- Emoil: surveo@gmcil.corn ATTEST: Notice' (In accordance with C. R.S. 13-80-105 et. seq.) Sheet Client. Aspen Ski Tirne, LLC Date: 15/August/2016 PITKIN COUNTY CLERK AND ItÂ£CORDER According to Colorado law you must co=ence any legal action based upon any .dwg file: 15,034.003 defect in this aurvey within tEE years after you first discover such defect, 1 of 2 SY more than ten years from the date of certification shown hereon. Drawn By: S. Phelps Job No.. 15.034 DATE REVIgON DESCRIPnON In no event. may any action based upon any defect in this survey be co=enced --2~ Figore Z Monumented Land and Improvement Survey Lots 12 and 12A Callahan Subdivision SITUATED IN THE El/2 OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO g Phone/edi. 0. MATCH LINE - SHEET I SHEET 2 Transibrmci indicates 'parent -_-C'\ i3r I ~ Acces#Easemeni ND 2 ---XRÂ¢c. No. 42820 localionoft[oly(~o,sri~ V ofway ./cmcnt Rce. No. 46i691 OPSMon No. 4 Gas M.1. ~ 811$,Capinlangelox 5 ~ CLS. West w.& 1 "0~3+ Hopkins Ave 20â€¢ DTiveway eascmcni fbr Lot 12 l as*holdotumentlecorded in Book 434. P.ge 66 1 / 1 /1\ Lot It, Calla],8![Subdivision Clow N V Nom | 2121 Ponce De Leon Blvd. #650 1 Co/G/le,FL 33!34 4 OPSMon. No. 1 , or Brnss Cap in * * 4 Â· - Timber W41 A el S. West End SL & ffl [h=,t Ave. 4 i E 0 .t -f i I.016.Slmwater Ranch / Julie Gerson RevÂ©csble Tnial P.O. Box 1209 1 01.heKS. 66051.1209 '4 'S. 1 K 12 , 5 Corner/.9/6/ve,sitte j ~ \ Llr--1 ~T h c m /1=r. Found Sandstone Monument Found Pl,>peny Corner 1 ' ~ ILâ€ž2 -93' No, 5 Rebar 24â€¢ Long 389Â°08'24Â·E 4 - W"hang"|*.Cap, Â¢ r 1160.87' - 1 PLSNo.27613 (Basis of Bearings) Placer MS 3903. / Corher N o. 1 Riverlitle %* 1 Foun/3-3/2Â·BLM .- Trnnsformcrindicabapparent Blm'Capon~Don I - loc~n orHoly 00. *t PipÂ¢'tin 1958. -- of.liescment,Rc/No. FL * 799,1.87N -- Phone Pca. 461691 03~ - 4/67 E c Â°31'04** 237.70, / 4 Elec. Mi 3 -Â·.P=1 --- -t - ve n Drivew. - igmement./. 3 il No. 425356 1 00/nci'- . ~ -/'Il- .74.. < *. O 9 - Found W,Inms Corner -,0, 1 22 1 11 FL aut 0 7/2.48 - -- PLSNo. 27613 it~'ay --1.~i 14, e , W.range Flu. C. 1 I 4 Asp,ing, F.4 :- : -A 1 - 1 jwwl/AC Â· Run: 799270 12 al .= -* 'Jo I GIS Mapping,hows Ihi* u % , '. . M .1 1 0 61 1,/,Bahan Subdivisio~ , ..sÂ· Callahm,Subdivisionrlaishow,this ~ . ~Â· pâ€žâ€ž,3/ - 1. Nes'unpl,ned. 3 I ~ 16 .1 .3. 6 4 , Â·N Oil 90.6 - / . Tiostorys/gler,512/Rimanco \ \ 1 Foundwitni,Come 10.11 1 +L#L--, 1 N 11 Slonâ‚¬/Mosonry Con,truction -0 140.5 Rcb# 24Â·Long \ 4 1459 C,ystal Lake Ro d .8 Of/- PUNo. 27613 ~~ Foot I,ndge Cle*40.1, 9. ' 2.Â°24, - 1 . Aspen,CO.8]614 .7- '1 - 0 5. \D 0 0 -,>-V.8. U \8, -t'-1 --/ 1 4 a , 1 *A./DÂ«& /:c. , 1 B \ 1 --e-- ~ ~5 ~ -flop/Riv,Bank Lo-rt..c" -% 09-19-2013 ..0 1 \ ' l 1 Spa 1 P- L . / per rage 3, Cattal:M '~ Lotl2 00'lion 'cled) , / subdivision --: 63703.5 Sq. Ft. 1 1 WmlerMonhole(?)0 1.462 Acres \ a . P.o. Bo*1209 [/6. SWIwaterRanch - 8 i lulell. 66051-12M = 0 le - 0 1 4 422 - 0 1 , 1 No Ancc line per 1 No. 425336 / , agreement ... <-.K< \ ' I. S89Â°46Â·00Â·E 270.00 , Foua'Property Corner $ M *Ut~y Ea,Cment per Plat j / No 3 Ribar 24Â· Long 1 - < Found Rebar w//ow 0 ' 1 PEa Cm. PLSNo 12707 , PLSNo,276b / + ' t.imil.100/c-,Floodplaka. ' Digibed from from CommLmity J Panel No. 08097/0204 C, Eff,ctive D-June 4. 1987 1 1 .,6. S.lwater Ranch -0----- , |..*-TopofRivcr Bak Julie Omon Rev,]cablc Trust 09-19-2015 P.O. Box 1209 Legend of Symbols Olaihe KS. 66051-1209 No fa~ anc F , No. 5 Reb. 24â€¢ Long .0 1 1 t - \ 1 Julie (lerson Revocable T.ust D / 1 1Mst P,ne Trte Â· SL='S,cad Â® Ern' S~i,=sys.WIM.glo **#.Sle,Zprc,d Â·dr â€¢,d'.W~drshw~Irv~.D 0 &.U,al.6 biltrkieU,~I.Trm-Size;Sp-d * Fini,h Boo, Spol le.I- EnmLBuil, Â® 01.wc,1 Hu,dkap Peldng .P.Â¢0 Â® -/....... 0 1-1. - + --..4.tilily'll 9 .Dah 4 ... &.... â€¢ [)elk-lc,Po,1 0- luD69,1.ts= p# Ex."Wle'WI' / Â® 1.0,1.16/{ I T.mic/'aoll.. .Â·'7.00014,4 SurvCo, Inc. 0 D.h 0....Rock WaU ~//*~'~-O -391 RTK GPS and Conventional Land Surveying Services 0 M... C] TAR.er a ..anÂ£./. #uich(eep~, 2 ~G fS.muel D. Pholp.PEU 0 -lecuicMm,1,~le 11( 2761.3 /0 826-1/2 Grand Avenue . - woc,deo Fence %12UANI1 Email: survco@gmon.corn Post Office Box 2782 0 Edi Wâ€¢lerMmMe %%XEE*99 Glerwood Springs, CO. 81602-2782 Phone:(970) 945-5945 Notice: (In accordance with C.R.S. 13-BO-105 et. sel.) Sheet Client: Aspen Ski Time. LLC Dote: 15/August/2016 According to Colorado law you muat commence any legal action based upon any defect in thie survey within tREWi years after you firet discover such defect, .dwg file: 15.034.003 In no event. may any action based upon any defect in this survey be con.enced 2 of 2 more than ten,years from the date of certification shown hereon. Drawn By: S. Phelps Job No.: 15.034 NO. BY DATE RE"ISION DESCRIPnON *aM SOOÂ°14'00Â·W 230.00' ROARING FORK RIVER - /96' - 3.00.71.OON B~ipfac~~0.425356 ,00 09 .Aia .03 9Nm.8 9. * me. Monumented Land and Improvement Survey a I .â„¢'Â§000 Lots 12 and 12A Callahan Subdivision SITUATED IN THE El/2 oF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST oF THE 6TH P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO P .ARWOOD N 'tÂ». t ~/OODY CREEK 1 -< ~ACCS.DI -\3 ~RÂ©,rS RQ 4 t. TO c .WMASS ILLAGE BASAL. i ASPEN AIRPORT 0 0 I BUSINESS (DENTER - .IDGE OF AED Uoul,TA,i RID ..Cup"IN PITk,~i .5A f f>-~<123~ t~ Â£ /04'aNG GPS Mon. No. 4 Br,Ii Imp in Range Al]% SAROY FIELD ~ , I. .-E- '4 I 2& CL S. Weit End i & : .ft. Hopkin,Avt I In5n?u:c . 4 -WK g % r 4, Â¢1 9, Fi~ 941 ,~ k.<-Â«1 3 T W BUTTERUILK }--~ I. 000 Â»U- 7 4 ~ 0LE ~ ~ â€ž l~11 St COW-Â£ s m - ~ Sr ~. 1.Y *t GPS Mon. No. 1 '\ Brass apin Ran/ BoR 4\ 9% 4 CL S. Wert Und St & B. Du~nt Al. ASPEN $ . 7 S ' ~ TENNIS , - # IN â€¢rtr CLU. H /04.. .:- 479491-LG . - : : '4 M 44 1 21 .REA O '../ it \ 21 - I .1 ..AN M k t? /5.7 . * 2. N - A 1 al- AN,A, I . I - 1 5 0 1 1 A. )77 1 #lili . jo 9 1 ..0-* h Lot 139 Open.Sp= A5PEN HIGHLANDS 9..irre- g Call'han Subdll'lon SKI AREA A.cm.ub G,p,10/ iol .\.. 730 E. Dur,Int.... I fli u=.US MOUNTAIN . A,pco, CO. 81611 ~ SKi AREA 6.\ \ CASIE CREEK VALLEÂ¥ RANCI TO TO U.- 1 9 \\ A 514CRCE' INDEPENDENCE PASS 20' S,lvation Dilch ie=/ 1 PROJECT SITE . per Calls Subdiviâ€¢kn A- 20.0 --4 ' . fi p],t Rcc. Nck 18]899 1\ .6 \ VICINITY MAP - NOT TO SCALE - Â·Â· - Â·Â· 1-80?04'.3 14' Trail EaAerncru \\A :64 / (,â€¢en//13) 1 \(,13?'I.~<,A'~V# \ SURVEYOR'S CERTIFICATION: I, SAMUEL D. PRELPS, 00 HEREBY CERTIFY THAT I AM A LICDISED LAND SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO. THAT THIS IMPROVEMENT SURVEY ACCURATELY DEPICTS THE BOUNDARY AND THZ IMPROVEMENTS AS SHO,n, HEREIN, AND THAT SUCH MAP COMPLIES WITH ALL REQUIREMENTS OF C.R.S. 38-51-101 AND 102 ET./Eg., AND THAT SUCH MAP WAS PREPARED FROM AN AC7UAL SURVEY OF THE SUBJECT PROPERTY AND .flAT i. WAS PERFORMED BY ME OR UNDER Prf DIRECT SUPERVISION AND CHECKING, AND TIIAT IT IS TRUE AND CORRECT TO Ing ./ST OF MY KNOWLEDGE AND BELIEF AND I FURTHER CERMFY THAr SAID SURVEY CLOSES WITHIN A MINIMUM TOLERANCE OF 1 FT. IN 15,000 FT. ) '75/2 \' /.I 1./2 . I LOTS 12 AND W 74+I--jit~4~144 8 5 j DY: SAMUEL D. pl[ELP. /3*/ VA / 10Â·/2' 411 COLORADO LICENSED PROFESSIONAL LAND / f' 1 4 h.-69 1/Â·//coi,42A t.f\\ 14~ --,4#oue& SURVEYOR No. 27613 , aseD Fl~i9,2 FOR AND ON 9Â£HALF OF SURVCO, INC. I A COLORADO CORPORATION i 9491/4 4 n. 44Â» \4,06 1 , Vaj/,rds 4%5 Acres . ' . # ' /3/8/ I 4 I DATE OF CERTIFICATION: 28/SEPT./2015 LEGAL DESCRIPTION: 7*LAWD CALLAHAN SUBDIVISION ACCORDING THE 7AE SUBDIVISION PLAT THEREOF AS FILED FOR RECORD MAY 19. 1976 UNDER RECEPTION NO. 183889 AND AS AMENDED ACCORDING TO THE FIAT THEREOF '- I I '*< 14 \\ 44 As FnED FOR RECORD AUGUST 17, 1977 COUNTY OF PITKIN UNDER RECEPTION NO. 196746 CITY Or ASPEN 4, STATE oF COTORADO \\ I\1\\~%] )4;444#*WAVA Y + CONTAININGZ.119 ACRES 1.69 0 0 A a lit) 2' 1/ ././.' 5Â·.-1 1%44 STREM ADDRESS 1449 AND 1452 CRYSTAL LAKE ROAD (A PRIVATE DRIVE) /4~- 28.\\~ ED . ~ Multi~~~~~~amily ~~~~ ~AFm,~R ~W~~t~~~~44+4* 4, ASPEN. CO. 81611 {WITHIN MUNICIPAL LIMITS) 4Opis,~0./. 'HE FEDERAL EMERGENCY MANAGEMENT AGENCY THE SUBJECT PROPEMrY DEPICTED HEREON FLOOD STATEMENT ' ACCORDING TO THE FLOOD INSURANCE RATE MAPS FOR PITKIN COUNTY AS PREPARED BY W.4 Deck ip ' : I. â€ž aÂ·,/IRT 1/ 7 J a, Unit 2. Ba lupla r Â· , ~ j ~~ und No, 5 Robar Is DESIGNATED TO LIE WITHIN THE LIMITS OF TH' 100 YEAR FLOOD PLAIN AS SHOWN ON Liac L. Ablaham Tn/t K . Al . 10 - 1 . COMMUNITY PANEL NO. 06097 ./04 C, EFFECTIVE DATE JUNE, 4. 1987. SAID 100 YEAR 1934 Wind-1-8,~ 1 FLOOD PLAIN LINE IS AS DEPICTED HEREON. ..9, .3,3*fâ€¢,T,IN't,Â¥: 10 04,-,Â« N~wport Beach,CA. 92660 ~ , A jl. 0.4/1 / "' ' 3-12-/0 1394r,6-- 3-/ '84,-:Ef~.-- 2, 1 2.7- /92 41~4&909~b2i~ZÂ»- Â®~i-\\-- a t.bdl,ilioncl Â·Â· ,â‚¬10. r> .ixr#421 091/ 1 AkA SEM~.\_i 5/ ./3 ~ ff#),f~*494-""(,...L .,9/11 4644,~1-4 -A 4 Ne'â€ž Â£ I . re , '42Â«' 4 L.- 1.Ids~k<5 k ./ ..2*~e==tic /-39'.:/Â·â€¢AKka.~, PUNo.27613 3/2 72..82,-lii'N Eff. KN-% bL - /(6. tA ~ J) .ir'lj~'1,---4.Al<%%14~e \,r- <9. - 2\11\ 1$18..,31% 4 -1 '149/ 71 1/f /1.11 5 3'U~~]~\ // '>/ ..Ab,~~401255. ho~~-~~~4 |R'I~~42.. Found N.5 fler I : i <I<CURVE 2 No 'Rebar24. 4 'PfuperD'<hn* / 6 5 . 165%5~31%11:or:iwÂ©pen-spach,3.-< A~'7" '/4-0 Â»- -' \ d **2-&/3 *M + 4:4-65Â·4*44 3612-\ 7 C:.r.9 '4,.Â£4.1Â© v ~' , ~~Â·---1- *1< - -3-11~</~4.'- ,\p, 'r 0 1 SNÂ°46'00~E i ,/ . - ' f. 3 W..,1.\,~ ~ ~ ~ ~ --0- ~,Â»>Â·0984) _~-4 1 M \ 1'' 171/ rl!~i ~ f- ~I21 ~eL<~Â·. PTSNn.84 59/4 '6~4~ Found Rebar W/Flastic Set Nail W/Shin= ~ 1~'~4 1 mAN~UW/Shin=r C ~20*' m,i 4,,r'*. 2JÂ·.2.fEL,~o.i ...4 -1 ..4 PLSNo, 2761 r â€ž+10 4/ PLSNo 276/ 1 .AM, Eae,acnil'~0.2 ~CL 16'widedi=heasement 7Hx~ 1 3#No. 421520 ~ ... Â£28Â¢ A | 5~23--1 8~~ ,~-- Rec. No. 421520 ~ ihown on CaliAhan W + i Pint (Book 93, Pagc 404) 8020 - k j r I.-N. ./.' 9Â¢'' \ Legend of Symbols Phone 4 fj;5*33291, t.~ I L MATCH LINE - SHEET I \ --------- Tr-furmerindicalclapp=,1 - 9 ..i. u=aul,lf/* SHEET 2 ; al -9. i,=Â»- Â® Â£Â£1 54-ly So- Muhcle Â¢13 2.1. Alp-T-Â·i-90-d 461691 SURVEYors NOTES : e e..De.*.9.8...- 0 ..8-30Â«8-â€¢-Â£ 0 2*1Â£ t..' Pu~ I j Atd 'Â¥...,1 <' 7% 1) THIS SURVEY DOES NOT REPRESENT A TITLE S.ARCH BY THIS SURVEYOR TO DISCOVER 1 \\1-u/4777 , '9 7<Â·. 1'5 \ FASEMENTS OR mER ENCUMBRANCES OF RECORD THAT MAY AFFECT THE SUBJECT PROPERTY. . ./../h Â® eli.w.a ALL INFORMATION PERTAINING TO OWNER. IP AND EASEMENTS OF RECORD IS TAKEN FROM A TITLE INSURANCE COMMITMENT ISSUED BY FIRET AMERICAN TITLE INSURANCE COMPANY, TITLE INSURANCE COMMITMENT NO. 15003405. EFFECTIVE DATE JUNE 22, 2015 AT 6 IL-lap,â€¢44.- Â® PT,perty.-P-dll 7:45 A.M. THIS PROPERTY MAY BE SUBJECT /0 0. PATENT RESERVATIONS. MINEBAL RIGHTS 0 * AND PROTECTIVE CoVENANTS AS NOTED THEREIN. - t -O....i...Lh.(i) 2) BEARINGS AS SHOWN HEREIN ARE BASED 'PON A RECORD BEARING OF N. 89/08'24./. FOR LINE 1-9 OF THE RIVERSIDE PIACER {MS 3905AM]. -*- S. MONUMENTATION BEING FOUND IN TRI FIELD 8 INDICATED EF,ZON. U Bkipt- 47 -- 3) DATE OF FIELD SURVEY:SEPTEISER, 2015. 4) THIS SUIWEY IS 9ASZD UPON 'BE RECORDED PLAT OF THE CAM.~IIAN SUBDIVISION AS RECORDED UNDER RECPTION NO. 183889. 5) CONTOUR INTERVAL IS 1.0 FOOT VERTICAL. t><1 En. B..* -- 6) ELEVATIONS SHOWN ARE NAID 88 AND ARE BASED UPON THE CITY OF ASPEN DATUM @ P./IM,11 PER THE 2009 GPS CONTROL DIAGRAM WITH GPS MONUMENT No,1 HAVING AN ELEVATION 4 â„¢f~C=ulnal - 0.7945.54 As DEpicrED THEREON. 0 Dma GRAPHIC SCALE . THIS PROPERTY IS ZONED R-15 MODERATE DENSITY RESIDENTTAL AND ACCORDING cxxx, Rock W TO THE LAND USE CODE OF THE CITY OF ASPEN THE BUILDING SETBACK REOUIREMENTS , M.-b= 40 00 ARE AS FOLLOWS: D Te. Ri= FRONT YARD: 25 FEET RESIDENrIAL DWELLINGS, 30 FEET EOR ACCESSORY AND AI.L t] 11-lic=loull .dÂ·~ 21-/Mew,P~r,4 OTHER BUII,DINGS. SIDE YARD: 10 FEET - I 1- W.I..m F== 0 hi~.laczhM,=1- REAR YARD: 10 FEET PRINCIPAL BUILDINGS, 5 FEET ACCESSORY BUILDINGS . ( IN FEET) MAX. HEIGHT: 25 FEET. Â® .....Er..... 1 inch = 20 fl MIN. DISTANCE BETWEEN DETACHED BUILDINGS: 10 FEET. 8) ACCORDING TO THE AGREEMENT RECORDED UNDER RECEPTION NO. 163890 lmS 12 AND Hatchiog 'dicalci :lope,20%/29.99% Contour Inter,/ I 1.0' Ver'"1. NAVD 88 Dam 12 A ARE CONSIDERED AS A SINGLE FAMILY LOT WITH THE STRUCTURE ON LOT 12A BEING DESIGNATED AS A GUESTHOUSE .R LOT 12 All lin- dirnenlion lhown hercon m ia US S-cy Fect 92 THIS PROPERTY IS SUBJECT TO THE .NOTICE OF APPROVAL" AS RECMED IN TRAT Matching indic,te. ilope, 30%0rgmater DOCUMENT RECORDED UNDER RECEPTION NO. 447163. Date of field :urvcy: Scpember, 2015 10) THIS PROPER. IS SUBJECr TO T]LE CONDITIONS AS RECITED IN TIZAT DOCUMENT RECORDED UNDER RECEPTION NO. 461624. 11) THIS PROPERTY IS SUBJECT TO AN EASEMENT BEING 10 {TEN) FEET IN WIDTH FOR AN UNDERGROUND POWERLINE AS RESERVED IN DOCUMKNT RECORDED UNDER .CZPTION NO. 461691 IN WHICH THE SPECIFIC LOCA/ION IS NOT DEFINED. SurvCo, Inc. CURVE T GLE 12) ..S PROPERTY IS SUBJECT TO A EOLY CROSS ELECTRIC ASSCOACIATION TRENCH. C,-No. Arilmsm Ridian Ciatillek Cho/3-8 Ch.,ID,-ce TaBent D,=l/ CONDUIT AND VAULT AGREEMZNT FOR THI PURPOSE OF ELECTRICAL SERVICE AS RESERVED RTK GPS and Conventional Land Surveying Services Olrve 1 50.1 375.00 ..W S.*04'll 50.. 8.14 IN DOCUMENT RECORDED UNDER RECEPTION NO. .2208 IN WHICH THE SPECIFIC I.OCATION IS NOT DEFINED. Curve 2 49.65 39900 7*07'43~ .391'08â€¢W 49.61' 24.85' 13) THE AMENDED PLAT OF CALLAHAN /0/DIVISION DEPICTS A MULTI-US' TRAIL CROSSING 826-1/2 Grand Avenue Curvel 68.40 76.00 51'34'00. N63'08'00~E 66.12' jet' LOT 1. BUT DOIS NOT SHOW IN EASEMENT OR DIMENSIONS FOR THE TRAIL. THERE EXISTS Post Office Box 2782 Otn.4 90.07 1000 5194=Â· N63â€¢08Â·00~E 86.W 483 ON SAID AMENDED PLAT A NOTE REFERING TO THE ORIGINAL PLAT FOR ALL INFORMATION NOT SHOWN ON SAID AMENDED PLAT. THEREFOR THE EASEMENT DEPICTED HEREIN FOR T. Glenwood Springs, CO 81602-2782 O,ve 5 63.1/ 6030 6.00/r m956"E 63.14' 31.61' TUIL IS IN ACCORDANCE TO THE LANGUAGE FOR THE TRAIL EASEMENT AS SHOWN ON THE CurÂ·c 6 221,9â€¢? 601/ 21'0526" 5409719"B 220.71' 112.25' ORIGINAL CALLAHAN PLAT BEING .7 FEET ON EACH SIDE OF THE CENTERLINE OF TILE TRAIL Phone: (970) 945-5945 Fox:(970) 945-5946 AS CONSTRUCTED." Email- survco @gmod corÂ·n Date: 28/Sept./2015 | Notice: (In accordance with C. R.S. 13-80-105 et. seq.) Sheet Clent: the libm'n group According te Colorado law you must Comence any legal action based upon any dig fileÂ· 15.034 001 defect in thle survey within /KNi yeare after you first discover such defect. 1 of 2 Job No.. 15 034 In no event, may 8ny action based upon any defect in this suney b. con,nenced Drown By: S Phelps more than ten yeara from the date of certification shown hereon. W' BY DATE REVISION DESCRIPTION ROAD 41% North Hol!0 NO11Â¥AlVS Monumented Land and Improvement Survey Lots 12 and 12A Callahan Subdivision SITUATED IN THE El/2 OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P. M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 1 \ .-129Â«4*t-f- Phon.61Â£ C:.47~:' 'Â°bÂ«-91 1 1 : MATCH LINE - SHEET I SHEET 2 â„¢1'fol-.,cm-- .~064,41%'M. 17'.- 461691 ..i, 4 % GPS Mon' No, 4 *Mctcr* BmilpinREn/Box 2& CL S. West End SL & r.~Hopkin, * \ '434 - -,40 1 1 1 \ 1 4..03/ 'l/,0 + 14 x *tÂ·Â· i .010 ;~, 3 - - < Â».al\ m/': Al:\\ \10, L[,111,C011â€¢bal]Sub,U~on ek,m 3.# i â‚¬1Â·-'2 Clove N V North 2121 Pooce De[///91Â¥4#650 , 1 '.r '3 \ r -2 - 1 Cont lable, FL 33134 8 4 Â¥ 37â€¢/3 OPSMon. No 1 8,-Câ€¢Pin bi/9,x 11 2 3 <5 0- TimbÂ¢rWall a CLS. Wc,t End SL & 9.1.1.* b 9. f + f jv 6 %, Ut\' Al ----1/ M %, 9 & 59 '~12 Lot 6, Stillw= Raach Jutic (c""/Able Tn~t 4 P.O. Box 1209 8000 OlitheKS. 66051-1209 0 04. 10'Â·Â·81~:22-_1% 1 02 t.1 + 11 L 2? \ - -Â« 1,%-/1. 2, i. 9 1..... 5 I + iâ‚¬ft _ a. ' 0 7. 88 Enclowre Comer No. 9 0 f tho Rivmide Plicef. Found Sand,toneMonument 4/ Set PrepÂ¢rtycame, S89Â°08'24'E 1160.87 1 \ Con= N. 1 Ri*1~ Â· 4â€¢/5, PU No 27613 (Basis ofBearings) pt.cc,MS3905 ,/,1 -4-411/''/ =6'-* 7.,-2 30 TI'fbmer indicatc, er,pa,/m loc,tion o f Holy Doe right Pipe,din 1/" / ofwiyu,emeÂ¤~Ree. No. 461691 -*1./8, loch -f 2192/: 33-4 4 \0 / / *ath //9.f .El*f'q 'LAA 1'~ w -s 1 # 5 -- era o t 110 \\ M C Driveâ€¢,By / 4 1\.~ 034j 8~5, .1~/i, 8000 7995 --- No fence line pe, *lement Rec. Â·1 1 1.-nzr- -225<sish e , No.425356 ~ 0 \Al \ \...@ret;, t , 1 1.--,-- -7--r-~~A.*,11. ''f/ 1%}1} \\--- ..ff~=/ ' ~5 lit\ (04, 0/7972 1 79911 1 Dmky / ip,e&- - -air 1 /94Â«/41 J i/EiZEÂ» f :ks 7 31*47 - J. D=- -2-AT 2.,5. ~sâ€¢---- j PLSNo, 27613 773- r,pri 14,3- \ \\1\! I(/ i . 1 \ \ 1 \ m < 17 4,1 1- ~ Rim:7992.70 ..9â€¢.... . 6 7.51 - '--8002.60 GIS Mapping ihow, Ihin.% U I . 15.3. 4Â·0â€¢/ of Lot 1 1, Callaban Subdh~n. ~ ~ Fin. Floor + 0 : g CallibanSubdivismlow,tha c ~ 4/ \ \'k 8003,46 11.21 2,1 2 -- IN, 1 \) \\ #i j \i '3 ~x ~\5 j ~rea â€¢â€¢ unpl~Ilei 0 1 7990 , jo 4 - i ' F h i 3 0 ' sciwi~c..c= . T.0 Story Single Family Rnidence Slont,(M~onry Car~truction , No.5....24-1.002 * 91 PliS....3 1459 Cry'tallakclte,d Aspen. CO. 81611 \ F/ -;L:-.'A -41&40:. \ \\ c c '2-0 *mi# . p i~go.. . 0-. fuwat..1 0.- 11 :%41 \ \* # KI 01 /1- 2ndlkvolleck tair, ' - )6 \~mi i i .3 - \ .:Top of Rivcr B. I E..: '001.74 * LjgsfA*/3,4. i Ili<VWG- 09-19Â·2013 Plan= i 1 K r. x 1 n -12 ?Cials i 1494 ~ 0 7995 2 97. / 1 - Â· - Â· < &. ofÂ»aild,08& ' & rF... 3. C.ahan \ .M/lion / lot 12 70*31- / 00/Ationic/leÂ£~ i 3/ 63703.5 Sq. Ft. ..jr / 1 \ I ..lit 1 B. Manh.m %/ f 1.462 Actes %\65---8/ 1 1 Â£-0:6,Sti11â€¢ale,Raach 7 1 1**rou>i 0 ~~~+Box!209 a Ju.lenon/cl,~cl/Trust , M 1 1 0 .....600514209 \ A/ -7991 / \00\ 1 \84 // \ 2 1 4 / ,)/1.61/4 - 9 -- 10.0 .ft GÂ·,5 1 1 1 \ No fcace line pc, ,-Â·-- - 1*-4 (' e 2-5-/4' i j ,1 =rÂ· - \ / \ ' , ~1 ]0'Utialy'"ementp=Fli \ 389Â°46Â·00Â·E \ 27000Â· I , / Â· Set Prop.,ty Car= 1 I W NO.3.barWI. 0 + 7990 / W/Onnue Pb. Op, c Pdrc:'*m'r-7 . PUNo. 27613 / 0 / h. Limit, o f 100 Yar Flood Fl,in u / ~ Digiti.Id from... Community ' I J Panc~ No. 0809.02. C, Effecti. -- - -- D....4,1987 , Lot 6, Stillwakr Ruch -ill--------- I - Topof Riverawk Julio lemon.vocabllust P 0. am 1209 09-19-2015 0],Lhela 6605].1209 Legend of Symbols $ 0Ii,L Flm T- $,-Sp,-d Â® E- p*.= M-}w.k 0 2= A-T- Â· 5- â€¢# #WI=r--eN/* rn, hi:L UI'liey Pal 49 2-Det*-T-â€¢S-/.Id + F=~ha=.6.E-- * 2,11 .1. e Dil V. GRAPHIC SCALE & ..........S- . P.cry Pm. puu..i ./ * L.. - + --*luy... - S. 22 ... 44 abH,-1 â€¢ De~c-Pol ( IN FEET ) . 1 inch - 20 k 04 21*wae/.M GE) .... MIN Contour tateful i, 1 0 Vcr /,4 NAVD 88 Dmm SurvCo, Inc. * D- 0.400/%24* cxxx> ~oc~ w.n All linear ifneD,ion Ihown her,on et . US Surl,cy Feet RTK GPS and Convent/onal Land Surveying Services Date of field Burvcy: September.2015 t] 21=â€¢ric.1.e, 826-1/2 Grand Avenue 8 2-1â€¢MmerP~W 0 -&#.*I U<31 -737 1/7 M - Post Office Box 2782 D=J V 4 4.6 Â® B,i, W,- 1{~,1~I Glenwood Springs. CO. 81602-2782 Phone: (970) 945-5945 Fax.(970) 945-5946 Hatching indi/Ics 'lope~20)%/29.99% 'VL'LANU Emod surv/(}*lmail com Cote 28/Sept./2015 H~ching indicate, *lopc,30%.* Sheet Client: the libmon group Notice: (In accordance with C.R. S. 13-80-105 et. seq.) According to Colorado law you muat corm,lence any legal action baaed upon any dwg file: 15.034 001 defect in thia auney withic 'SPU years after you first diacover auch defect, 2 of 2 In no event. may any action based upon any defect in this survey be commenced Drawn ByÂ· S Phelps Joh No 15 034 NO BY DATE REViSION DESCRIPTION more than ten year8 from the date of certification mhown hereon. a,a,%Lla ReARING FORK RIV 00'091 3.00.91.OON *3Mkj ~18103 5N1yÂ¥(B /4. 4 .; ~ CENTEAL.INE CURV- ~ 6*jure 3 Cum.VE No.G) CURVE Na.Â® CURI~NO. ~~ CuR:.a h.00 ~ CUFt~Z No. 63) 6/EET Kia I COVER SHEET NO. 4 LANDSCAPE PL,p. 9 75.0/ 2 7600 . 5/.A . 3.03.00 ~ 1%â€žirÂ° L /7.95 . #.0 L 89.237 *MEET 140. Z UTILITIES i FLOOP FLANE L '04.64 0 2779 . 64Â·/7 C 77.85 \ . 104./. ~ T 52.63 t 11 1 14.14 T 29.48 T 42-OZ 4 21Â·21Â· a 4'-65' a 102Â·16 \ : 8 1.-loÂ· 00Â· . 10- 99 00' NEST HO. 5 FR:02055-D MPADVERAEAk-TE, CURVE NaÂ® CUGE NO. @ CURVE %. 9 i Ca#Â£ KC O 1550/ ' 100.0. Â£ 05.00 1. R 885.00 78Â·91 : 1-70.0.1 . 103-05 \ ~ I 7/.20 c igaee % CALLAHAN SUBDIVISION 1 694% 1 r 76.99 FINAL PLAT and DEVELOPMENT PLAN 19Â·14'21' 6 90-49' \ 6 91Â· 34 00Â· CUR.vE NO. (5) CURVE NO. Â® CURVE NO. (~ \ 19 K ]12.00 . too.00 K ./.00 2- 174 75 L *143 . 2/4.40 \//.12 , : 157.56 C. 40.,9 . ae. 57 NE.rin. 1 1,0.83 T 20Â·50 T 30.99 LOE 1 Â·*D A KN<rICEN Or' LOD 0 bo 100 290 30 429 503 . 23.10' 4 ev,426 ~, 22+40 152,/4â‚¬=A KCFLK[-Cr eCALE 2 1'= 100 ' 4 89'23'5N' CuRVE NO.Â® CURVE NO. Â® 6 BLOOK IS <j%%%2 %54gflgfRD-~6 84616 OF 8=ARN3Â© : Ut.C. fG.'5, ADFER To ASPEN Allh/1/7TN 1 225.00 . ./.0 â€¢.Â·Â·Â·er:ZÂ·.Â·.Et... e- .. 608'tz'OB"E . 239.,3 L .8.95 C 228â€¢03 Â£ 155.8 1 *3/ CATE: PEGEMBER 8,1, I!575 / 1 zighsÂ· T 91.28 L 9 6 6/037' OWNEIKS PROPERTY DEEORIP'rloN ,ri~ Cl lkâ‚¬.y 6/e, % F=ABIENNE ANC) FKEDBI BENEDICT A PARCEL OF LAND SrrUITED IN THE EAST k OF EEmON il,TÂ· IOS., C E= 1 2,4. - -2... ..57'51 ix < \ ST,ARD:)0 1 2 0. taxr 40 R.64*. OF D-E ent PM., PITAN COUNTY, COLDaADO. ME PARCEL- 19 -0---,69._7~g'%1,~"~E Â·< i ...Â· i:. R :M O E EL> U Fb 0 1 |-Â·'' 1 Â·F> 1 :--: ....: - ~a se, , WT241 440 7 t i~ r,'1~, 0 \1Â·11.2..3 VISION Ae>PEN, COLOF<ADO SIGII MGKE FeLLY OESC.RIBED AS FOLLOWS, 1 FOOMCI ....6 1| ~ ~ * ~ 6 25Â· 25' 00>'E 73.64 503 - 0/5 - 7327 aEGINNING /3- CORNER 9 OF 11â‚¬ RIVE.PeIDE PLACER, M.S. 3905 AM ; THENCE NOFent Z42-eG FEET- 5 -IWENCE N 89-63'46 6 I49.-7, FEEI ; 4/ 6- 1 r ft-1.1 010.1' 49~ w 29Â·93 -.0% LOT(1,4 * 71 \ Lar I ZENEDIC:r LAND AND CATTLE COMANY THENCE EAST Z. 54 FEET; THENCE N 9,3'DO E 137.22 PEE ; THENCE. DIEDAâ‚¬K "ip P.O. BOX 40 /29'30'OD'w al.58 FEET; TÂ·HENCE WEST I.5.DO FEET B A FDINT ON Â»2Â»' N -TM E,Abeyâ‚¬NT- :=r,,6./Li*%2 I inÂ»1..../.91 *,752.9 34!~p~'UF,6 U/- 0 \\ 5 40' 20' 00Â· E .9.21 Aâ‚¬,PEN. COLIAOO 810.!l UNE 8 -5 (F= EAU; 121/ERS,1/E PLACER: TIENCE NORTH Z25.77 FEET 303 - 9/5 - 3401 ALONG SAiD UNE- 8-9 TOA RAIr DIT,E almÂ·ERDÂ·rurâ‚¬OF f ivE,elelie/MSION LL..1- 20 | 2.77 P | i XMT zz I *2~ 231 +%* 4/195230.4 \ 1 ErteNDED WEE râ‚¬ILy Â· 1-RENCE N ee- 52' 14 / 5>L,1 FEEr AU,WG, SNE) EXTÂ·ekINON ~ Sel,;T;221Â¥ BOUNDARY cÂ» Sd> FUVERS,CE. SueolvISION 1 -THENCE- SOL H 35.06 FE:rr; 1 4~ Wta-ER *JUE -TED EE +2~+DOFÂ¥22 f--=Â·-~~~.4>f' ~\0, IL- -4536$ \ 6 89' 59 24 n E 8.DO OUÂ»VIE)ERJ TMENCE N 82Â°91'10"E 128.57 FEET- ; 11â‚¬NCE N S/32'57-E 15128 FEETÂ· U . )$ h.-- 0.40 -4 15/ 39' â‚¬52' â€¢4" El 4.1 6,1 1 2 L.64, 172 6% 30.74 ~~9Â·74, 1- \,6.42 QiÂ»91Â»25-7 r- L.â€¢ l07,96 b 5770 abur~- -THENCE N 00- 55 49"w 2,3.53 FEEET ; -THENCE N 51Â·96'OcrE 12Â·30 FEEr -15 A Fb[NT- ON -â„¢E VVEESEEKLy GbHT OP VA' UNE OF= k-IG-MAY NO. 81; 5421:'- 25.,4- 2 11, . 8,4 F=U / Ju, El 9.\\ \ I.-10 62.4,S : 5 Ze-57' 52' E :0Â·7.95 17â‚¬MLE 62190'0 'E 2.2 FEET ALONG SAO FIGHT DF WAY; TKENCE V 4 'liATI ~. 49.-Tortqrig=2-1,4 *v Â»2 V -,Rs.j wa 4/4 *4\ d \ \'- 1-07 8 'â„¢9 .\1\ 2 7 5Ze-23'00"E Â·79Â»4 FEET ALONG. 941/ ;21614Â·r (F VAÂ¥,Â· THENCE 540'50JE .... ~05- 95-212I 66.21 FEET ALONG 541/ RIGHT OF'vAAYÂ· : THENCE 385'59'24'E BOOFEET .. -6,A,biLÂ·,NE'llon.e) 20 WIDE $ ~, 6 95'~ 01 64% E 96.08 A CORIE TO-THE LEFT HAING. A 74/105 OF 5770Â·00 FEET, Â·THE <X>10 DECJIBNIER ALONG â‚¬,NE) FELHT OF WAY ; THENCE 107.95 FEET- ALONG -7146 A.;KE OP r. 5% 7* 9.--34Â»*21467 1 1%Â». 3431 c Af,Peq, COL-DIerÂ© 56Â·08 FEET-ALOIVSÂ· SAIP F.16*HOP WAY; THENCE 529f 57'oo-E 67-88 = 01Â·[04-1 El"EMENT' , - -fr 01~L '4 egfi/~50 '1,@'eR)b. 29/0 16!Â£2:%~f Â·~ 1,==~11.. 1 t1/ #r##7/*qms. NID. oF Wit<Li BEAgE, 528-07'51'12 107.95 FEET; 1-HENCa S36-04; 9,1~E- Bob- 925-548 PEEr- /2//le SND RK*fT-op=VIAY; 1Â·H[Â£~LE 313.:S FE-En- ALONGâ€¢ THE \ 00' 147 P." 48 I 4- ' 6 Za' 37' 00" E G7.88 5JRVENEFE ARC <=PF=A CUK'â€¢'EE 1Â¤ -Â·TWE- LEFT 8//NS A FeA[7195 OF GCD.00 RE/4 o INDIC,CrES REINC Wril PLASIC ~ ~r-10 21 *174 1 2 4 .__ THE CH*2 OF WHICH BENKS S 44' 32'OO"E 5 10.94 FEEr; 11-IENCE 99*45499*04I- tr12Â·i; T MB .0&.,oUttiAil Tle-OD b/'lÂ«Peatv'ENT, IN; 556-2703-8 104.10 /EEr AL-ONB GAID ZGHTOF'â€¢AA>ri THENCE N89-4G'DO'Â¥1 256.03, FEET : THENCE 6 00' 14+DO"W 27.75 FEET; CAP, L..5.270-7, CS#) UNL.Â£96 ~ CRM:SAL- Â«:Â· Â«. %22<diak.[30 Oria-*lee NOTED HEREON. THENCE SG79 04~E ZZWÂ·70 FEEr; THENCE- SOC~14'Do-W 140.00 LAKE . LEÂ·7-8 eot>- 226-=Ge> FEET-; THENCE N 89-46'00 * 270.00 FEET; -TIENCE N 00â€¢ 14Â·00* 11 -&0/U#7,4/1~.~JAilt,K . -Â»ima.ur- / W LOT ID /5 . 230.0/ FEE-1- TD CORMEg I OF SAIP R]YERSt[32 PLACER: ; -Tl-tEN:LE- w I NOO:TES FOUND geaNK WIR 11\ 04 Le 984 OPEN SF*CE 'Â· 3,21* 1. : 1 / h.189-08'ZA-W 85.43, FEET ALONG UNE 9-1 OFEND RIVER-- 1 4,0 94%74\ti@ lit;~A~ m ~6# ...7. kâ€¢ / I.1 I N8470'00"W PO.DC>PEET; THENCE N=3'DO'OD"W 350.00 FEET; A THENCE N 68Â·5/ 00 W CM>.DO PMEr : TKENCE N 38Â°11'25'E 158.05 xÂ· 930 * 61:PE PLACE.F~ i THENCE 509Â°25'21"W 41-7.ZZ PEET ; THEhkaa CHORD' # 64432'00'5 4.9 MDRE OF~- LESSÂ· FEET TO -THE FOâ„¢47 OF BESNAING, CoNTNNING 24.945 ACKES V/U/At). V Â£ 2 R; *1 % 3 M I I *P'ke &SU@i\~'LA ItALSJ 4 <. 310Â·44' H Y / Els,6-* 7 X 2.Ze 00 [1 1. i 43 SORVEYOR'5 CERTIFICATE X / X 4.Os 1 Zw' - _.1 1. JOWN F. IEISCHIL, LICENSED E,OR,ENOG<, 05, MEREEW CGCTIFâ€¢ AIAT EAM- 2.134 1 806- . 5 ~ LOT ISA 0 59' 27' 00' 2 104.10 THIS Pr./A-7 OF GU.LAMAN SUBDIVISM)N WAS 21.2-FÂ»FRED UNDER MY <.' , 1/KzzÂ¥Izr-. , 4/:. 1 6026â„¢SEN AND -T}Â«7 -CHE OUTS;DE SCONDARIES, LOIS, 1%,96 AND . I 3 ' ser v.~c. p &)....445# .% N 017Â·[GK F=EAJL*CES ARE ACCUÂ»JELY ANC> cop~ECT-LI S'rowN HEREDN, 5Â£1/ 4 DEDICATKIN 11-AT -TRE SAME ARE BASED ON FRC) SURVEYS, AND T;-AT -TMEE -u,m'55'.'E_ tall /.A CJ> LOT-b AND R~:*OS CONFOfkr,1 TO TrÂ·094 EDU<ED ON -11Â·IE Gle<&- 36 012,--fÂ¢2*% *fe 02:2% - @2*.2.-1222.--221252-- --.E 8501;, Â· A se-46'60Â·w J63.45 Ser W G --Il ,ereer 8%812+42 eeâ‚¬DICT- FEING THE Â°t:~FG#g~:a~!& ge- . N M. 25 + / 293Â·16 1 i - KNO.V All- MEN BY 1-MED,5 PEEÂ©eNTS, TRAT eENEC>CT LANO AND 5,6-19'N le.,Z / - 5.64 1 mall.-MOT ~~2 0 ~ _- covi,a*Â«ACCLORACID CORPONymON,~St>gÂ© A ENm[ACT-*40 20-25' W 5761 1 -25 ----5-- ,&2.1NfE-*gfLOF, 2~~WE SET NAÂ¥ 1-IAND AND SEAL -1-Hls.=221 -1.j T ..f c. ~Ht F. Bal'SE,HEL L./. 1272>7 %%=. zz..'ll= 2 -.2 + -TTio:5%2Â¥1Sr-gS}&22-' 168 k 6433: 8.5-1 0 Et, - C.E.N./:ETERY 08 [30 E-EREBÂ·r Ft.Â« AMD SleCJMDE TMAT REN_ PF=teegrNÂ· INTD LcyrD M *NI ~ --4.4~~~4t ~4*e~-ap ~' 0 ,&1%5ijim~E~Â§7~~~347*Af-MY4fAW&:~0il. a STATE OF COLORADO LOT 13 COUNTY OF PITKIN SS 5 21 9 3~-7 2/- . 7/. --raun=n:K.<1 1 + \\ ; LT 11 1 % E 9 SUG-1 LCyrb AND P ATE PeE*Ze ARE 54Â·Â·D\,/4 AND ,<rED HE<814 2.8,9 AC 1 (2) CO ke!225Â·r GRANT 10-TWEE CrEÂ·r OF=,Â©PEN FE>K F'la.C Ute -TMS 1-MEâ€ž FOREGOING I,Â»S ACKNOWLEDGED WFC)FrE lvE Til --2_-DAN: 6> - 1 91 pir-c, Â·mt.ce.,â€žâ€ž-~Â·~ 976, BY JOHN F. BEISCHEL . -Â· Ill 8 %143 4 1 12* Ill MTNESS MY MAND ANC 05FICAL SEAL .Â·.. Q~~~~*E~41~~~~- 7.-e won-~vadec--1- MYCOMMISSION EXPIRES: ,> 7/77.' 0 Â·Â· ' X.th>21> Crr. OM lt.FEN V h. r' L.NE 3-I KIVEâ€¢Sm= FLACER. â€¢Le /90/4,7 ,~/.45 -4~a \ 42, : :_ 00 112 FOLLÂ£1VINe -n--2 02*,1- NOTARY PUBLIC PLETON OF= CONDEF.jC,CN OF= -n-â‚¬ IEAL GeNZFKAU,X CJE5CRI52[~ MERE- >1 09.05'24. W Gle.43 9 4 >Nee. 13 5â„¢P COFF LAND Fa.grmEN rkâ‚¬4 FEET- N WIC,IM er]NIG DEMEN m FEE-robt Crrr ENGINEER'S APPROVAL 11 293- -141__ .- 014'7'415 GMANtr OF- seelvENÂ·r- M_L em DEINED AGFeAN,- 05= Chlilr'11-Ar E:Â»Cri 51[32 OF TWE (JeJTENUNE CF -TWE CEMPLETED -TWAIL. / 4 %365"12OE PLACZ~ 5 +0~*#*9 (C *,6 i (3; [70 HRRE25Â·r aR//T EASEMENT- OF Ket-IT>OF--/ AD 02Â©CRIBED THIS SUBDIVISION C>Lgr OP CALLAHAN Sue.DIVISION WAS AP'PROVED BY 46, 32 N EUEDN?DION-40 F~LAÂ»lge LUIT DEVaÂ£:FM0<r-.5612Nia/leNT- F,LED Â·THE CITY ENG[NEE0, CITY OF ASPEN, Sl*'-E OF COLORADO THIS 2" l.. f..1 1 1Â©uND $ e52,Â«. GAP 4%L ---4-all tg ~~EMInÂ·+ Ptâ‚¬J al,e,Per- 10 THE RES,rKCÂ·rote DGermÂ£~) Â·nÂ·Â·laeaN -DIRE PROVJE 21/r DAY OF . , /,Â·7'l , 876Â· 43-1 , - r 0 1.4&* Ac.. I ,/Â»L- f~ 1=QI_12 ~' 0.1- 3 k b Sl.e,:~~REer GF~fr I>TRE FUXIC UNBUTIC~ FOR P.,/UC uni-1-M PLE /4./.4460871 USE-OFT--2 OANee 1~R[1/11]ME -10 -TIME Ce-0--E LOID~NTHE CAU_AHAN .00'49'ZI'/IL,5 -Ar _.--1 L.6 237'. , ... f E W - :102. SM- W.0. ?CS.5 -0/E., IN /4-L P.I.T. i=yeDÂ· Trâ‚¬ ;1-e<7â€¢r (203 FEOT- t>EIV~ C rry ENGINEEFK. \ L # 3 - #/5720.0 / FS h AN[> VAP~22 Eâ€¢ee.ENT -0-Â·1Fllet#La:57,4,NIC, 7.-2 T/:Rea (M KXIT EAte- 57-tk.b--3 o 1 2 28 AN *40 N,rED *- LOT 15 2 7 MENTZ, 30-12,02 01:=TME TWEN-iÂ»FOUR C.24) TOT KEWIE>OF-Ver *25 (9 50 HEE5Â·f GR*â€¢T -1011-E F'UmED LnUÂ·TICS ;DR PU5UC L.murr FUR- PLANNING AND ZONING COMMISSION APPRO\AL A \19 2 4541 A" 09 1 FUZED -Â·-ME- -TEN <ICZ KXITE_Â»5eN/Ehrr5 ALLt. Ll_ 501..Irâ‚¬*Y UNE=5 , OF= THE SUSEDIVIDION, 11.-- VE (e) F[UE- ee)EMENTZ, a N aaCK-4 tiDe CF _ -THIES SUBDIVISION PL*T- oP CALLAHAN SUeh[>IVIEADN WAE, APAWV// 2,Y 4. I\Â·28 -0 4270.00 BaCH 6 ;2 Lar L,!Ne, Â»10 7;-E. Eâ‚¬,E,Â·/IGNT5 FER EXOITNIG LimUTIBE, i HE *r f OF AE,PEN PLANNIKIG AND ZON,Ne CONVIN,ISS,ON -T'HIS 1 8 EAâ‚¬,EMIENTE, OF RECORD PS SH=NN ~0 NOrED kERECN. 2-10*< cs- Ame/L , 49-76Â· / /3 /7 ~e ~ h,S~ ~~ ~&~f %%&2&%&~~|~~~ 241-vACTÂ·DN CtÂ·104 ..55- 448,116Â».ALÂ«, 14>9*46'00' W 3 24' WIPE UTILITy. -->~~lbo 42; ;P 26G/6257 - ACC.=65 EA,SEMENT 123 MADDAL.ON[ (7) EDO. 5 00/KER, a,5OVI[PER. LED OPnOhEE OF= T}Â·â‚¬ P,~DpaKrr CHIN FKMAN suevlce EASEMENT ~ ..1./.9 - T. 66 ;KEIDOCED tt-CAN E-EREDN, /* CNi.AHAN 2*.~DMOON, CoteENT FIEK 7MEM5mtyE* 9 .6,7f4-40 - fnA/,52 1.1./. lie,EMENT - UNDEF=INASLE 1-R SUCCESeÂ©RS *O,02â‚¬>12Â·-15,11 ..aN ANÂ·r MLnl-Â·IRE MPRD/EMENT- PIOTRCID EZ,0eUSeD FUR .HE FUKFCÂ©E [r ST,â‚¬15r FAI'le OR 5rCEMI Et:~ ..s.~~ic).R h?i oFeANNBE ORPEMFNENT-To,YE Oueuslr p,copelerÂ·r ANDÂ¥JNVE ALL PARKS AND RECREAT[ON APFROVAL PJSWID CZE FRIEOT- AGAIhar -I-Â·18 794/IATIDN Cr- -0.-42 SANAE. ..% THIS SUACMVISION FLAT OF CAL.64Â·,AN SDBO,VISON WAS APPR/VED El g \ 1,4411 UnUTY EASEMENTÂ© BY THE DEPARrT OF PARKS ANC> REr.REATION OrrY OP ED<ECJ~EZ) S.2.21 r'K:,re/ APRiL . /1. ADPEN, 11Â·115.24 + PAY AN/,4. 1 UTILKY EMENTS SHALL e:- IOFEE-1- 1/wcÂ·TH Zmoo I *. Al-iNG ALL '-uiovEARY LINES OP -TME 9)801â€¢15!ON 4 SENEDC[- L.ANDAND COCTUE CZM~â€¢re .r 2~-04.-1 4, be=-,6 4, 1 3714 04 1 UNPL.ATTED SPEEr iNI WUTH ON Aal SIDE or EACH 11,7-ER,OR. bIKECTÂ©< -% --47,----J# Lar UNS UNLESS al,liE2WISE Ne,1-ED. FET.=:, 1.4-t h.-tat PRESIDENT PW /2Â·49 4 /Â»WÂ·,9 SECREWri UUU=TY m,SE:h,le>trt FUR =><5BNS Unu-net E>(- 7=20.-c. FEe.u.z/ Eu.4.U.42 8.--Â£29- ASPEN CITY COONCL APPROVAL $ ACCEPTANCE /3*56 . \\ aFTÂ·ING VUEreF. L.NeÂ© Stâ„¢-4 515 to MEET- IN Wl[NT/1, F9~1Â»NEE ~EN-XM- F=IKEP,3 A FENSDICÂ·r SALVATION DITCH EASEMENT RIVEie>\De DnCH CeNTERUNE AUEEMENr %57,3~mi:=~22?'Apg-â€žC= THIS SUBC>.5014 PLAJT- OP CAÂ·..LAPAN SUBC,?VEON AND TME.GAâ€¢NT- -10 1}EÂ· .-=ceye- -Al N . Â¢11., 4 th AyÂ°EN CrÂ·Tr caNCIL- 1,Â·Ils 21 -* CÂ»Y OF /Â¥8â€¢/2. A976. tiEKED.1 EDCB~T Ft,~TMCCE- UnLmeD MMO-1/Nte= PleUC OF.ne E,2Â£MeNTS EljO,â€¢N /YEA.Z //D ANC> ,MCEPTEC, efyll'E 2 U-~2242'~12Â»i='22 ACH. WUE224 et /~~G~DN -Â© Se ..5,0*DEW=C> PS =rOMN /*40,01=D ME,5264 1UYFI B. SOLDOAMT BY:ANDERTW V HECHT Arrtx:ENEXÂ· IN - FACT SAID GENTERLINE 15 MORE Fully DESChISEP At [31101 CmUNEÂ¢ FDFE *baERT S. GOLP5AMT .il~,2.--44 FOLLOWS : BEG//NING /T A PONT ON -rHE E.Aan - 8261NNINe, Al--Gae- ull,ter DeEMENTD FUFt FiÂ©FKPeeD 4 er/% RUP MAYPK / EALX LINE OF- LD-T- 1 WHENCE THE MEET NOKTH- NW GoiRNEK OFF L.al-a : -THENCE 934-14/E 104.15 IESÂ£ SC,NERAÂ·CÂ»NKrelt,Z*,N-1- 22 X> FEET 94 ULIEr COLORAED es , Â» 2 ~ ~~ -7 ~ ERLY COFKNER. OF LOT 1 e,EARS N ZI'30Â·00-W FEET-: THENCE 714t FEET- ALONG THE ARC OF= VADTH, 1.XING 10 F EET ON 2/CM E,ICE- OF 1%49 021..NU Cy Flll<IN Z.48FfEET-; -THENCE SI,ye'W el.4,4 FEer. -1$-taca A CUFCyE -Dl'HE PJ6H-T HA,ANGâ€¢ A //DIUE> OF %50~ <DENTE*UNE OF EALE> Ur-1.1-11Ej AS coker;WZTEPÂ· Arratin /..27 0 0.- 1 4 +750, ..1-1- 1847 FEEN- ALDNG T,â‚¬. AIRS Oe A CU~VE- 1Â¤ -9-'E FEEX ; -â„¢ENCE- 29./CO FEE=r A.ONGÂ»Â·E A.ALOP A (eaE SHEET Na. 2.) ,Â·**,FiEDi~%111~ ~mx- 'LIDS.ED.D.95â‚¬Â»'2 -tr> CITY CL~FMÂ· 665- 30' a 3Â·71=0 PEEET : 1-MEN<LEE- 73.5 F=SErr oF- 5000 PEEr-; 1Â¥IENCE. 612â€¢37'e 36.00 1==REI-; LEFT HAWING A RADIUS OF= 30.0Â©PEEr-; -THEENCE C.CMFOÂ·ND C/VE. lt)-THE 2166rr- HAVING A FtÂ©!65 ALONCD -THE ARE OFACURVE -t -1-kE RgGHT HAVING Â·IMENCEL %2220'2 158.OOFEET; -niNCE ic>.41 RECORDING CIRmFICAJE A R,NJILS OF too.00 FEE-; THE,â‚¬E- 52'59' E F=EErr AL.DbS TAE 4Rd OV= ACCRVE-Â·10 --THE LEFT DTATE OF COLORA[DO 55 4,9.CO FEEI; THNLE. 119.77 F=ear- AL-ONG, /E 4-4,*146 A KA//LS OP 115.00 FEET- 2 -TMENCE WITNEDÂ© NÂ« HAND *101-14)- 8- \ fi PREF,4 / ARD OF= A CI- ll THE- LEFT- NAVW~ A ~ADIUS 6043' E 315Â·00 BEE-r-; -M=e- 121.W FEET 1-RAIL EASEMENT *3'M'55Â¤N EXPIFFâ€¢h - ~ 0, ' -Â· 4 : COUNTY OF PET-KIN OF- 22Â»00 FEET- & 1HENCE 59.39 F=EEr; ALONG ALONG, 1ME ABC OF A Cum/E -TD -THE RIGHT- HAv -r}-S Mul,I! - Plj;WOSETRNL-AE, SHÂ»â‚¬N ON SHE.erl S+~1Â·L i HEJEEBY CE-Kne, -THNT -THIS PLA:r OP CAL.LUÂ·Â·AN SUB[)1VIE,letÂ©-6 f -/ING ARADIOS OP GO./O FEET ; l'WE,EE St OS PEET AIDNG -rHE ARC OP A mEl/ERSE- C.lvE LYING 7 F~EET- 0,4 SAO-L SDE. OF -TME CENT- /,r,rr F=ue,dc -~ ' n. Acceeree j*2 FILING [N MY OFFICE AT. '.' 5.- O'CLOCK - 11Â·le- AAE // /.E. (yE -le 1=HE FKIGHT ING, A *â€¢DIOG, OP 210.00 FEET; -nIENCE 96.84, HAVE- A,4 2,8EMENT WIDTH OP 14 F'eaT, ON -71.E y Â· 045 0/ Â«Â·' , p 874, ANP WAS Rk FILED - FEET KONG -THE ARC. OP A REVERSE COXIVE -ro TD -IKEÂ· L.EFT- INWNS A RADrue> CP 375.00 FEET; ERUNE. COF SAID -FNAL % CONSUPCLCED. 11#E LE.FT #-WANG. A RAPIL.6 cP- 375.00 FEET, CE 61.54 *EET- ALONG THE ARC OF A IN PLAT- BOOK _2..- AT PNE __f__ , AND T,Â·UCT- rHE. CAL-LAHLA TUE}<E 9,11Â°17'E IDZ.DO MEET-; -nÂ·Â·ENCE 88.69 REyaRE2 Cl.JIVE Ta -EHE RJGIN 1-1Ay,NG A 891*rE OM COL.OP#iG) 0 %22'29' ,â€¢E-EMENT IS RECOFKOED IN BOOK _222_*T 8 FEET ALONG -TMS ATE 0,= A CLRVE -m> -THIL RADRUS O% 2 75.00 FUEr Â·1-0 A Fb1NT ON THE COUNTY Or PITKIN L.m=-r HAX41Â·46 A RADOE. 0/ 140. 60 1=ZErÂ·r S:VEHEKLX 1.-INE. Â¢>E L.e-r' 13;, -FUG- END 05: -TD A Fblhr=- ON THS SOUTHERLY L.INE IT= 1-â‚¬ .9=:Ini,EjOIED&-taNN)2154-C . Â· -e,393: fulti<*~nNT --~-~V~~~~~~~I)~*ME 1 -1 - .:4'I L.â‚¬....7..7. 21223/2..,7 ".. OFek] S/ACE FOR 1/T LIA, THE ENU OF 541/ SAEâ‚¬- ,- â€¢ Me,RIC A =84CX--ANC] RDIKI.5, 80..CD'MI S.:AN[,2EW V. HE:*fr,6 .Â· -pmoN OuNLY CLEâ€¢K AIP.y95>~P*% - -â‚¬ t:Pmlxg~~F~ OAL pCAL - mmitY-11>1..7....... . LOCATIaN MAP ' EGAL.E: 1'=mOOD'AFFR,3,0 NOFfÂ¢1Â· FUeLC Â©AIEET NO. 1 OF,4 75-161 0>7 */.'ll// \My;:tr 1 -\ / r r ' 3.40 N - \\ 292 i-:-3 1 1 .....CAL ./.KE 0 4% 8 y 1 11 I t=Â·- 27BNZATE PRE>jEOT FUÂ»> - i Â».hÂ· 4, . - /KrrERN/InDIATE FEE,IONAL FLOOD LEGEND OF PROPOÂ·SED UTIL-ITIES 8" SEWER UNE 1 |4,1 /~~ ~04' -Â·-Â·- SWNTER L.NE . 1 ------- GAS UNE -Â·-Â·-Â·-Â·- POWER,TELEPWDNE Â¢ IV. Â£â€¢0' WATM * I SEWER MAN HOLE , 0 EXIST. FIRE HY'DRANT O NEW FIRE HYDRANT I. 41 - ;lil} . 44 . E. 4 \ 61 \ \ 1.y . , \Â» . OK* 1 OL0 B.... .. . a 4* v \ 4, 9/\ - <9 -PraCAL Tf<ENCH - /. AS# 44 -'. r--=2...7 ~ / -=**&-M&t---A:.-*,.--- 0 ./ \ 4 --.. y ... 0, I I. Â» 21 - . -râ€¢â€¢UL CABLE- T.V. . . -H pl .0:..1 . I. 5 -- ' ->-44-TELEPIONE CONOLAT -- -- -\ /" , - L-ElacrgicAL- CONDUIT Y >ho----- 8 .... - ___-6/ / ------ 2 0 .1 - ///1 1,,f ./- \ ./DI \V / - i i - 1,9'1 / 74/ /\ -- - 34 , 11 ~ .0 - 0 1/ 0 .7 - /' / // <> e .// --h A A * 1 V #3 - -,% 'r .1 i 1, 4- -.-*. *. .2--2-, INMERMEDNE REGIONAL FLOOD 1 7- . d % - 4 . . '. ~---- 40 - h t- 6*.ON;22 P;RiED=NT FtaDD Â» 1 j.\ 1 1 -- 1 16 \7: I. --- - $ i // 2 1 47 .- 1 I . I 4 1 = SEWEE,i Ece,!EMENT + 1 - - IXA EX:E. c"- 7 35= 600â€¢< PAGE. ,1 'ewER IAN. C~ - 7- i-- 0~64 - 1 -- --- 1. 1 C.,--- ----- / / 4.. --- - - 7- . ~+ 2 .- h. :A... -- -Â·p--=9*2< 1 1-__21 - --- L. ' Ire- I - 5~iN>~-253~-' - -- tn - ~Mx t< zir-,2-zk-~--0.--54Â·4- ----â‚¬ _ /0 1 - FINAL FL-AT UL_U-Â·\AN SUE,DiVISDN PAL7POE;ED UnLI-TE<b AND FDOD PLÂ»rE . -TRi -Co MA4,%3EMENT '-.= . . C i. Â· i.*TERÂ·. 2 8.X'7130 2- 4 2 50 Kn 200 c *' . ~.~eD#Â» _f"Â·'1 Â· :' ~ 75-16 tx,â€¢LE.7=-toi 75-~i ,Â·. Â· / t..- r7"7T 3,/cr 'Â· 11 i ...A'. M 44.-L' i'. 44..4 IL Â· â€¢.IT. . 1 / 1 /4,1 L '74 \ - 1 - / ' '~9, I 2 \ - e t! 1 47.1 . irtal - Am . 0 /9 4 - /64 *C B J- 4>C, 4 'fk , I \ Nt 94 9 -2 #G 41 H 4,Â· -ILL- . jv; / - %51 I % ,Blr-/-74 - 10 p, 44Â« , 1 7- Â® A \1 1,21 0 \ : \9 Dll L r 1 --- -1 --J 7lf--- 4 0 Up- - 1 7 /H flimz /.... 3 llcâ„¢\ -~ ~---- ~ f--~~-f Â«~-a-_ ~2 / '11 P. i /.8 i 1 1=:=i===:tÂ« i Er 1 N 9 X i 4 \ \45 , 11.. 41 1 -F ] r// 1 % p l, 4 \4 rÂ·Â·Â·Â·Â·-01 -/ U C 1 Ali' ~ / ' 5, 9 - . .. , Ill / 1 1 L \9 , %, . e --- - 24 : , P , m Â£h - @R " , 1 1 - L .* 1 # 0Â· , ' , 1 - - , <*& 1, 0) 0 - ' I'/-7 f./,I: I I . '' - -/:b/ ' I J. 1 // , 2 4 -1 /.... 1 1/\1 -1...' /\2\\ / ' A h -4 ~ r*\ Â» @ 9 /X -1, b '~4/ Â· IN ~ k >m Lr' i A 2 -2/ --1 /2 /2. m 'i.831, 1 6 h p h .0.-1 / \ 0 4 / 7/0-,9 + 1 . 1 0 \ 1 4 & 46 Y :./r-n. b.r / A 1-1 0/.\P 1 : JA u, â€¢- 3 Â¢ t At,+ 4 - 1 // -00 4 3 . -2/ \ 164 1 E , 1-f./ ' / 4 1 C 1 47 :& r I R 5 'l e '1 . . 1% 1 1-/ Â¢ Pul 1 1 .'mi K 1\ <~ 42_j 1-3Lyi <',1 - 4 \ , ., 1 N 2. 9% d \I Â· i luk Bi r I Ira 5. ) , *R ,- 9 P k -4 1 1, i - ~\,4 ...7- 01-lilli I --/ . 0 \OF . U.7 i -- 41 lâ€¢ 0,3 / / @11 1 ':jil 4 4 D. L 1 1 - C 0 . a: I 1-Elip= / /- f 9% 4 --- th. . .m 1 19Â» 1~ 1 Â«1 z 921 5 1 '! 9 p i /95 4 - TII \ O 744 1 16\1 1*23 :Fi.fr (5) Al. 1 1 1 ,...to~.\ 44\14 e 9 * 2 &2 4 Â£ 3 4 21 2 -1.- 6 9 '\ < , \CL 8Pwl or~~* w X i 'V k.'.7 1' .\.1 $ 0 m 2 + I M q Â¢1 -- 1 1-9 :20 / \ /1 \ - EX - r. Â· 2% F i 2 El mo 0 :, 22 1 2 5% 1 z Oh m # *A /1 i i 1 1 Â£ D 6 2 m C lei / m U l -q -:4 .112.-2\- b.1-14037 , -4 1 ft U' 391 0 f 9 3 7 , / 7 1., ' ' 172 g -. I ; PI*fPEED IMPEVEMENTS I! ' . 4 CANDLZeve.1 PLAN 1 '. . 1 1 'p'. ,~1: 14 ....11 :,/ ~1 ' - .. I i .,r' ~~-.. :4:11*f>*dy}/;iff.fljq."lii'~ :Â·-~ assoi,;ittll#&,4/~4~i.Â·)~...'~ b@ ?t:~iL.~,~~Â·Â·" : i '1 N.Â·il Rec,KE.-TioN ./.06./.1//*loÂ· M.Inple. Â·-1 .:. Â·Â·~* -, 'ka' ''11:2" N 'I' 4,149 N.':i,,4 72Â· f 2Â·,8 . DF~- I.d. 4 6%/I ...:5 4 CALLAHAN SL.DEDIVISIDN 2 me I ~ â€ž | '4-1576' APP EASENtEM-15 I ASPEN Col-CRACPO ... i. - I *r.d~ X NIHUM #ut Â¢11,4 - . Cal_VSRI \ IMMA'Vv 1,~~~ijae~~ CULVEPU 1-0Â«OUT Ce EITIck Â¢ Kky oF 1 2 fan 9 1 4 ; , . ,, 1% : :'42.7 AÂ· J .1 ' 4 .. 1 1 f i.Â·~ 1 i;Â·, ~ ., ..~ . ~~-: s.. .. p il - t&'r, , 4. 49 0 4 11 1. 11 1 1 , 1 ' I '2: : 972 /4 I -2* PA -'.....&-m- 4, b-:=-1 / 71''fy 7-11 It 1 - 4/- 5, ',. 7 , :ER , ,7 ,. , j J . 0 1 Â£ A ''101Â· '~ 'I 'e' tes f k , .4 0.. 2.x %% 21.f- 4-' ., Ilj7'4,14 'Â»'19 2 ':24 ,Â·,2 .*1 - - -r /1 .1,- )1 11(~~l ,)' i. 11 -% 0 i.v':611 ' 1,6 j y , .1 49 ' 1 1 , A . , ,/ 1 ' 0441Â· 7 , . 1 {M n 1 . 1, ~ /.. 43...024.4 -Â©,1 NA .: 1 I : fil.-1 . ~ Â£1.15.1 4/ , 57..-,I,' 6. ":.#11 4-': 1 & ~ it g ibl 11 . 1 2 *,2,4 #.' r 1 1 . Lal . '. 2.- zg;,~ 435 1 1 . . - 4.? ,..P .2- ..if '' 2 ---7 11-,i* i,4 91Â· 1 'r L ' . I * ' '.-:r'' f.:'. ' fy 7â€ž.10. : T - 9 71( Il- I , fiji: /1.- 11 4 :f' I.T'i 1. 2.1, .1-3 44.\ ,/ F Ir Â· . al . ' k ' 11.-4 F '.1 4 1 441,1 '.... i a. \ ... ~ .47 1 171 1 1 ly ' A b r 1 # I 1â‚¬ Â·~Â·* ,-.1 ~4Â·1 f. ' C~: ~,6~ ~ r.... il. i 7 . :< f A L7 tÂ·(W#â€¢' N. 1 TÂ· 1 l .. V 1 i 320444 11 1 -11.1 el, t -1.: 1.#, r~- '4'. . M' - . 1 1.- '94.430 1;. ~,6.1 Mir- 1â€¢ K 0.4 48*f 4 ' I 212 44 %4.0~.., ~' ':1* i, V. 3 $- 111 %5/ 1 -1 1 I Â·I â€¢ "' g 44â€ž.: dic,- , t,~iÂ· .t r # I Â· C.J .... A 0.00 -1, , 1 proirdEE 98874 Ell - ." 1Â¢, ' 9.209 â€¢ . I '1,1 1 .~ 11' ' 1/ ... k Ib 2 :' :/ 1.5 11, i ;44., 11â‚¬ ,- .4/ SEmiE VT H* T 1 2 .re 1 2 5 116 Arl .4 '' ' * t~ ~ ,' / C , r fi /2 1 . 2 In Â·44 1 vi r 71 5,Â· m,Â· EL 1.-It'... 1 .'' 019#2 1 11 1-: % 8 F k :14 Yelt 21 ..1 1 , .11 ~ 4 2 48 3 r n Ul :f -95. 2,1 , ..4. ~ ~rel ~ 4& R !.11, f.1.-2 1 1, 1 i., 2. i tr *t 4 / 3 1 1, i r'. A â‚¬11 . 2iEEFR,k ,;..i .~.:' , g RE,22Â°21* 1:, P 11,31 " F.McÂ¥R W ..1 9.7 ) )24 09*: 4 1 10 1 1 1_ _ 4 f ... i . 1 1 /7 i ."28-t 3 4.},n *33&0 1,1 4.1; + :4,..4, L --~, f , & F f 1 * INN 10 '' 191Â· 1 '4 A fig 4:2. ' #'' .' 1 4 ' 1.... h, t, , -Â· l 4'J -1 1 .1 4 /11' / / 5 9 90 ' % i'+71/ R'â€¢.â€¢f':-?). i Fia..1:..B-' .p#:1. E. 5 1 ':.AN i) 1 1 â€¢ 1 REMOVE UPPER PA<KING, AKBA ., ,;0 1 1 1 Fls.17*(,HANG. 0608<2les If?.*160%/IverÂ·i N 1 1 ;2-2-7~ AOID VEC' 0 1.Â·IK EWA " 0 t.lrl'..n : g. m ] ' tf'Â· ;~F--,5.-'2;'-t:~27722.Ut.(-rY---0 1, ...ALL.12.1.4611. tÂ·. .,4. .-I-N.'-,-,, aia grchite<:tft grmrÂ·.cm engineers/bo.*405>opencoN-iraÂ® 81611/303Â·925Â·3481 ~ 1 . 0, ,/ I , 0111.0 + 4 y./ . MOO 28Â£~F- 11- ED 1 \J Ftgure Â¥ SHEET NA.EA AMENDED COVER SWEET NO. 2* AMEE,~DED LE,LinES & FLOOD PLANE SKEET KS, 31 AMENDED PRCPOSED [hi!PROVE[*ENTS 0 SHEET NO. 4A AMENDED LANDSCAPE PLAN AMELâ€¢w=12' FBNAL PLAT AND DryELOP: BENT FL AN CALLAH a.m .R@> Pi #DIViSION O m 00 ZOO %0 400 520 OCALC . 1 "- 'cxy &4516 Of EAKING,â€¢ 05(Â¢GS 'Ae.FEN' 10 "ASPEN P,2 MUTM PURSUANT TO SECTnON 20Â·21. CITY OF ASPEN MUMCHPAL CODE WIP,KK' eleÂ·22'Cent 96.T:. 21 JUDr .977 NOTE: TES AMENDED PLAT DEPETS ONLY ChkAGES 7( THE ORA3*L FLUAL PLAJ AND , , . . DEVELOPMENT FILAN OF CALLAMAN SUBD[VISCE. REFER.ENCE 3 HEREBY MACE TO 1-LiÂ¥= / 20' MWÂ·U. 9557:NT 23,\ : : ORIGINAL FINAL PLA-7 FOR ALL NFORMA.7.Â·ON MOT SHOWN OK ThiS AMENDED PLAT, / 500% 94 rAS- 902 1 n & yÂ·* OR[G:NAL FWAL PLAT FILED iN PLAT BOOK 8 AT PAGE 7. 1 LOT 8 * LOT 7 tKâ‚¬ i . -9..0 : . ' X -. -. -I. ....+-\.. :Â·. :"~T ..': -1 ///.... m. PLLE ~ ~ \ 1...- -*- - . -'F, 7.rEA k / ~/ \ UANT Â·' , Â· .. ' LOT' 10 LOT :22 , sURVEYÂ©Kb Crer,FICATE- , LOT ,Â·.,A I,/' 1-2- jpl i\.... ==M / f '' /- .......4 TH:5 A.MENDEP FLAT OF CALLAHAN SUPP;ViSION K?.6 fle:ACD UNDER 1,1Â¥ , -2/ Â· ~ 1 JO+1 r 56 -CL-, LICENDS) DUeur,OK, 523 P-Ireer CLERT:rY TH/3- ~ . 20/5=:010,4 AND'.Et,9 THE OUTDIDE 80LhONKICA LCT=), ~DA,CE, AMP (771:K .. FSVURED /,fl ACCUOCED' ANC COERECILY Â·5!-CÂ·,/bl HEItro N, THAT Tag 3:<Â·223==Â·Â«Â·77 -- .......fu .+922.2...I........= SUS CONPDA.110 THOSE STA!<CED 4.1 11.-re=UND. f EL-ZD.4.e : eaNY, A COL.Â£]eCO (DKfCÂ©TION, reMIC A MN=Pler AND '01Â¤NNE IN VATNE'55 leâ‚¬Kdor, I tiAir 55r Iv.7 MAND AMP Â©SAL- TÂ»21&331_ [Ar PEDICAT)ON SAME AKE 3,5/0 0,1 Fla-5] ~U VEYS Alâ‚¬)19=.32-HES AATTEP LODAN' CENr/KlINE Of CeCM,// 44 i 1<XDW ALL h/!EN /4 TMEDE 155ENT5>, THâ‚¬ BEACDICT LANP AND CATTLE , MNSPICT, BOOCCT S. GO[-05AMT, ANI] R 5. G 02/EIDDACN-,; 1/2., A COLOIC9O OF N.~GUST , /977- TMANeDâ€¢CM;/ ; 1 Oeâ‚¬)Â£ATION, DEING -0-le DA'Nfe, a ALL Or THE ,<ILLS,WING PE*CK!05/ KEAL i licw U\DIKee~'O POVER~..-' t - ; j i FAOf'0-Â¥ SITUATE IN 1'HE CITY OFASPEN, COUNTf Cme)<ON. IP,T-5 OraDLCe,< 0196.23 15,6/61541 .5 : ANP MODDEKT S GOLPS'MT, 90[1VOCE. OF lHAT rMOnXpr -ID WT T :SlE a*!h! M 0Â£15:HEL, L.O. I2707 â€¢r'trmerr PreCKIrrION' 3 6,â‚¬CT NO i OF OB,<3119<L BL*fy,510!41 FIAT), 1 - i i & I . I LOT 13 Â· i 1 51*TE OF COLOWALD ~ 65 LI".2. .., P !1 1 .\ ... 11 ! 1 1 CoubITY OF FITKIN 1 1_bOLP EKKE UNE .A,DANCENED 2 \ i NEW 80 01.9 Wafle Leâ‚¬ . 1 Â· 1.tâ‚¬ 102Â£09â€¢0 5[MYDRE; CE<TrICAE WAD AX,NOW.ZOGID Belt,MI 140 1-Hle M L,1 i i , .&311- PAY 07_61Â£*es.r-, 1977, e,r .0-#N F: bleoc_. d i . . WR19%06 1~ hÂ«UÂ¢OFFEIAL Â©CAL. MY'COAMI CK,KE*/ 61 /3 /,SO \\ 1 fiNKKY FUDLIC 4 : CITY ENSINS-ElÂ¢b APPROVAL f . - - . 13 e AMS?DED OU,DMOICN FLAT OM Gell,AMAN al.Immi'V/:5'ON W.A.6 APPE71/55 , I .Â· Â· PÂ¥' THE CÂ·IN 5491NZER, CITY OFBUOIN, 51)\75 6Â¥ <320~/3 1-HI'b__2~1%___ 11 1 f 04/ OF-49.20,1977. \ ;:i CITY ENGINECY 1 1 ; i cD> 23 HEKE,- GRANT -10 Tre BiLIC UT,LIT]05 15. FLeLIC Lm.;TY ru<ft?355 FlANNING AND ZONING COMMISÂ©JON APPROVAL U' WO: UngY -1 \ i . THE -TIN CIO) FCXOT CAe,=MENTS ALCONG ALL eCUNDAK'Y LINED C:-TrIE AdZESÂ© AND -rks eb:ked]5 ~or. 0<5Â·tu~6 UTILnED At 6%*T ANS NIED MZCON, THE AJDLIC 55202/ 05[105Â·~T : -'f Â©DDDIVOION, -THE rIVZ Ce) rogr 9/6,MEKFS ON SCH DIP= 7 EAch 2'/ Ti-â‚¬ O-YOr ASPEN FLANNNG AMP 2DN/NB COMMID/N T,e_ 9+9_ SAY 7 ltÂ© AM[NED SUE,Int,Â·01 Fi.KI- Of CLAI-1*1 9[*RVIS)24 WAS,N'ENOdED maol< 312, 94 200 ~, ..* j i [N-ImICK LOW LiNE UN_ES OrÂ·i-inKW':DE SHIW>4 AN:P >JI~=2 h-torm,NI; _~24=~12.,iqÂ·77 / i unLITY Mi[InENTÂ· 111â‚¬ MOKÂ·LIKE r~aEMEND'A"AND'33 71-1/-IIOU.rE>t~ 0[).1~ 04,Â·ANV~ i i *D THE 15 rt WIDE SEWER CASEMENr AS SHONIâ€¢I AN) NOTED HEN:MON; 0-A*41 1 0>23, Al, CWN[Ir ANSSUBIP.VIP* Or TME npFEEY 51-OWN oN *IP DME:T N).1 AiD /:33Ge, 1[ uDM ANr FUTURC IMMRD/EN"ANT Feyâ„¢=C-15 *52.*2*-1/3 rOR A.5 0~.Al*,N el.)501/15Â£N, CONSENT MOK Th/-IV ES, 19E1/. el.0255507 TME F-UK,neE c]F D-KlnÂ·T- 9/,IG Or eK:ORM OUJKIG[ 07 FICIT:NENT-TOTHE OF THE Â«ME . 9432=T , =RTÂ¥ ANE WArt ALL 2161:5 OF PIPTÂ·57 ASA >37 PiE SO/PTÂ·0>, Exccump -ni15 /6 04Â· DA~' or =2â€ž~- + , 1977. PUBLIC rRED,DEN- UTILITY TRANÂ©FORMER TKANDFOKMER Â¥Â¢â‚¬FEK LINC WATEK LINE /ocTKY t=ce.nu **Â©C.Knic,/BILE, 4 74.44 4. 8.... 4.j-- p\5EMENT CASEMENT W [AS~MENT "3' EAOEMENT W 545[MENT- '89 85Â· 564'- /92-44=2< CSHINTNe /3- foe. =31NNING 41 Mca. 521NN,IÂ·43 0,6 -Cla PEENN:,13 AT ROA abINNIMING K: TH[ n.,THE,â€¢251- GORNâ„¢ or tar ID :19,=1 %11 N13'99'00'E 0.90 N-779(G'oopÂ·W I 1.73 55780'00â€¢[ 1-*.05 NosÂ·14'19"w Â·13-46 1- I2.22 F= 203.00 SIt'<Ow 19.00 N04'80'00'2 15Â·00 L- 23.Is K=999.DO CH=P= St(057'94'w lf.!3 7.-&-Bvâ€¢Uct- N64.30'00'W 400 575-06'00'5 1.09 N :3'47'00"C !9.,c 504' 30'CDÂ· w ce OD N84'451 lar boo MerNNE MNEDICT rfUKIC A:. BENEDICT- L=2&96 /=100.00 610Â·091 00'W 16.50 L= Â£122 f- 29.4.00 NÂ©5' 30'00'v.' 13.30 ecÂ»Â·14'19'C I2.11 .---ISPL,5-55â‚¬k~â‚¬0' RfoogpING ctigTIFIERâ‚¬rÂ© L= 3.92 X= 399.00 0Â©RD- 562Â°03'95"W 5.92. &=sigr & Glll- 69's ~~ VH5724~~TIMND(-1,3-,23- 75. m~5,2-giA'7%7 } 65. r.ae. PEVE:Of'MENT, INC BY==20.=5..'.,4/6 - - - WIes ACCEF,-50 FOK FluNS IN }4'r OFFICZ N_=LL (tla=KE_M. CNT}-E 1+1=REE Â·r CEKTIFY TheÂ·THJ, AMSÂ·i[322 AA--OF CALLAHAN EX.JeDIVISION AKWKEW,N. %Â·CHI, EERSAM â‚¬m~â€¢ Â·Â·p- C 41- Au'F te,~ivy ALAN 5 KKAAER, ASSiolÂ·Nâ‚¬ SBEREAK? :t XXD IN 200!< 3 12. Ar SASE _Us t.. 51*re Or COIDKAX ~ 55. ~~TWIT~~~7~A~~NW ~ 55. ~. COUNTY OF FITKIN ' :697 :4 FITKIN C]uhnY CLEelf Â»JP KECCOMeR ThE EÂ¤REGolrâ‚¬ INST#MENT Web XY!Â·Â©IN'LECUD ~UDKE ME IMI5_1â‚¬1_ -M FE)Â£560Â¢43 INS!-RUMEN- Â¥46 0<Â·~WL=58=[2 3=ft)KE MI TM19 /4'* [*r- OF.h..C<-1-2,1977, Br FAMIENIâ‚¬ 25[NEDICI; FREDRIC A. SENEDICE :*/ OF &691 21973 0Â¥' F'KEPKIC A E5â‚¬NES)!CT AS /rES [DENT OF TriC 930[Ki a Sou[35*Tr 0Â¥Â»Â£]REW V Mra-fr /5 ATI)KNryÂ·INÂ·FKIT, AND UY BE,â‚¬PICI- LAIâ‚¬>.Alâ‚¬] CATTLE COM,%46 AND BY MeiCNIâ‚¬ BENEDICT AÂ·5 9.4 AMPEW V .COÂ·â‚¬T .,5 SMErÂ·UY 0/ R 06. DEM.torÂ·Mmhll; 1,42. 5525!*r Or THE BENEDICT LAND AND CATTLE QJ}/18lNY. WITNES WIÂ¥' HAND AND OFFICIAL SEAL. MIraDMMISSON EXPEE,- Â·'-4 7 Â·Â· 7 79 wnlâ‚¬YS MY' rl#NP AND Grric]AL 55AL MIr (01/M!5510N 5ERESÂ· 49,/f E., /772 , A "6,4.-- 4. 74Â«rn....4, igol)â€¢,Er Â°L.5.-6 / : NAer PU51,11 / SHEET NO. IA OF Â¥6 6 VAC"k i i \ \ C 6 ~1 4 1 1 V ~ ~ * *M LJNE EXT~.NIP~D TO CD,Â»rar Wl!11 COUEaNE, 8' C.I. F. IN KNC ESIOE DKNE .Ge; 1 i b- -- 1 i 1 l: TH.4 GAs LINE 51-loWN Ae \. ~1 ~ , 1, rKOFÂ©DED ON THE FINAL FLAT \ \ f .:1 j ~i le HEREM DELETED FROM THE + i O' 1 6 PEVE[ OPMENT- FLAW. NO Ma i 1 2 !: SERVICE WILL DE flÂ©VIDED .--Â·-1 i I lix LOTS I 11-Â·1~Jell 9 . \ . . . 9,7 A / . ptÂ»/ANT - 7 --2--_-/515/ . - ... / y *Ir,--=Â·42Â»7 ....pnpi: -p=z-=z:....... TYPICAL TKINCM ..... ~ 1 f ----7Â·â‚¬5Â·.j â‚¬,ry*er- 8?4 1 // C. ./4 1 , CN>LE IN Â¢ 5 CDâ‚¬UIT . 1 / L ELETEOL COMXJIT ./ ''-t /~ ~- NEW UN[f]5OAP FOWEK : .. <41 .Â·Â·coIc> WAER LN ,Â®Nraâ‚¬D ~ NEW e D.1.F WATER UNE \32 1 ' 45 \ 0 20' DrvEÂ£ EASEIve-NT .#._...Â·--0-Â· + i *%* *.........----.-.........#*.-.---------'........0.--*.--.... SEE SaDK 512 FAGE 150 ---Â·~,~ G AMENDED FINAL PLAY OF CALLAHAN SUE,~y~SQON 0 50 los 200 erge/7 [lilli - 30,LE Â® f'Â«301 21 OF 4 9444 OOK f. PAa E Â§* ---I-----1--1-------------"-----1 , 1 : / , , //1 C J 8 f i I L_ I ., \ '' 1 . , ../. I I â€¢ 1 , 9 , â€¢ . â€¢ 1 i ' ' I , , /\ . 1 Â· I , . '' r. 1 ----- I I , CLUVERT ~,Y'w COLY:E HEKE ' '~, ' 1 1, 1 /- iDe 80 Oe 1 "1 , 1 % 1 I \ , i 1/, 1 , ; ' ' \2= . / ' , .35/Â«7.-1.' :'.:.- , - Â·, T 1----0- , , 1 /... , % It--i' \: /*-% 1 / / - N L emjet-/3 MEAL PIFZ / 1 N. IN=5â‚¬ 2 50% CULaT i f 3-// 3 1 , -/ , , . -\...1.-, ' ' CRYSTAL \ ------- .7---------4 k ' . ' P.Kn , 1 j Â«I 1 I 1 1 , ---1 i i li' 1 ' 7 tilt 1-1 3-6 , ~ NERErif*NOD i ,\ I i ga222..222*---1 -EL. 8054.27 ,/ 1 / ANKINIS , FOK D CA~E :'- - i# l-Â»-L_â€ž,_1 PrÂ»Â«C ' - FPE >NE--7 ~ , 1 F---- - 50 FLASTic /'~j~Bl/- r./. ' 1 994- l f r2 : ~<.~.L,~. "Ot L- 1 ' 8 .~ 1 - .:2,, ~~i 1 12A . $41 lib ' 1 AN:------------------4 ring 6 n./.1\ f MEKE NO CUMEKE ! '. 1 1 ----/-9- ..t--I-------------------I-----I-----I-----------9---i- : U,00'f---4 11 i ~ 41.- BUILPINSS A,3,49 4 E ANIP 61,KASE5 )25' CDKRUSATUP ; 1 PISTEAP OF BOX CULVECT 1 J--1 AK[ 5Â¢-0*74 AS CONETRLETCP MEDAL CUDVE-r ~ PIFE 1 ,7 1 13 i r-- --- : h'I 1.-Il i 2\ 1 , f YÂ©1 1 t' i IENT 1 1 1 1 i | B 1 111 1 - 4,1 , 1 ii! '' ' r / CENTEILINE OFf/PLIC MULT-rUKFDDE TKNL AsaDNDTWITED-~ 1 I \ M 1 j TENNIS COUR!5 -ARE 5<WN Â·Â«> COb5TKLETED. , THEY HAVE MEN KIATED f-~761 THE 10:ATION 1 1 6MZWN ON THE OOBINAL 2052:VISION T'LAT. , ;, !, It H G.1 ; - , TENNED , 1 --Â· 1 1 $-= , I 12 1 1 1 ~ 1 =Guaa,ZE , -J , 1 1 . , N 0 80 !00 1501=T I , AMENDED RMA' PL ~*7 OF i bALIC. 1,-501 CALL.:HAN JUDDVY#SLON (Â»C -Â·Â»=Cig ._. i arti i JA OF 4 64~ 6 PA 6/ 14 4 1 f /1* 1 \ 1 ee - -91 81 0//2/IM. f 1 1 0e 11 16 1 1 . 1- -- ft--4 9 9: 1F--1 - ~~+ 11 1 I i /1 I T/Whie CCURTD AKE eprlaVN AS a]NITRUIT/P- 1 L [0-11 ; THEY EVE IED, KOGIEP FrOM T!â‚¬ La=AnON ~ ; SEÂ·OWN ON THE Ollie,hi,L eUPPIVIÂ©ION fUr 1 . , i 1 . 1 % 1 / , :g i i \/l, 1 $ :ki 1 05~41 : 1 g .. Â· 1 N - ---------_-1 , O 50 100 150 FT ; Lili r ; Â©CALEâ€¢ 1.-901 AMENDED RNAL FLAT OF CALLAHAN SUBDDV?SBOW SHEET 4A OF 4 8 k /7 EXHIBIT A Gjure. 3 SITE DATA TABULATION Town- Club Rec Office & Lots houses house Facility Parking Totals Acres Lot or parcel no. #1 through #9 #13 #14 #15 #16 20 parcels #11 #13A #14A #10, #12, & 12-A #13-B Acreage 6.751 6.594 2.696 4.941 2.000 ' 22.982 22.982 minimum 15,000 sq.ft. No. single family 12 No. duplex 1 [Lot #10) jtl,V e,Ch .0 .,5. 1 1 -W'.4.-1 a &2 53'39 6 62,37' 1-07 29.* ' 0 1,0 30' 64 .. ,0 - 1=zss ,02 . % \*1-,bRE>~3,A ~ ,- eca< zae 20 62........W... r 1 C Â»43*2 25 SEE i.....5 : 40 ~ WjA_.L--Â· / A vae,rodâ‚¬. .3 0 ~.:11:22.62-19'S:ON 1 i i.Â·' 'LF- i-4 61 E) 2 5 --; 8 O VY ! 3 ' 4-- ;Â·-2 ' -* i ..<37 24 I ,# ,* SFH IP i 9 :A \ 4,10 IL: ' Â¥03â€ž=Â»9.,0,.S=,~R,<\ 6 za'25' 00"1 70.64 i~ee ill: NOOâ€¢0'49' W 2~93 ht LOT'.1 : i 431 \ LUr 1 | Symbol Key 1 0 /ellf/K AN/ 0 a=.4 I. ' 1 I Se' , I s 1-7 9 2 9 SeFIL f, 0 \ 5 40/ 60'00,5 2.22! V 1 -.4- | Q WXTER LINE TO 82, ~ADD~%0 Â» Eksâ€¢OK eda ~& 0 -452 41* 14 *- d i I '3 0 9 1 .....164 lee.40 1#94 59Â· 62' ,4Â·El ...1.4,1 r, Ful'2/ 4+ 5 80 169~ 24 2 EC)CD 4 345=Â·'Â£ 7 ay-Zip 9%/ 679 -34 1 A 2484/ â€¢ ..55 w 3..19 -r,re 25â€ž4.- 1 2, . pow!6 ft,0 1 '1~ / , \ CHOM 6/ARS ; 626-07'61" 2 10-Z. 95 ~ Single Family Home P M .79.74/1. 1 15 -' ..07Â·963 b 6770 \9; LOT BL 'â‚¬ 51 LOT 7 i /.2 O ISFH1 ..41 ze ea.z~~5Â·~.15,4 '15. SFH ,/ /4 fZ ~4 ~ ~ + 4 -... R .v,LI- -175i Pr MS: 71, sepr,1 1 0 8' 4 6 , uNE #2 R\. \ ~ 6& a fsÂ» SFH 8 4 i ST =L:/ 2 86167 ~FH'11 3. J=â‚¬L-1. -1-CH EASEMErÂ·r~,VÂ·, / ~ / wi- 11 â€ž 5 35Â° De' 640 E 96.08 m 1 4 14 1-'53 65. 0 390 *f ~ ~ 2. ~~ L.~ 5.''i, :s.~ *__~ - ,|<~\4Ir~915IffÂ» i SFH 9 e 1 \ e \\/ / 1.T,Ne SAL '. t.~=n ~~ ~~~~~~ Duplex 0 r 6 29' 37'00. S &7.86 - I , KTION 1-19/755*Fr41 f:.(6) e ~ , lei. ..453*Pr. 3 470 ~â€¢ \, TA ~~ L-Or 7 / *.* 4 -TE-.-1 1 322 M 1 s..Â·.sw z,â€ž 0 4%21 - ./.*ID % SFH \ ZON. Â® Ler 1-5 D 52=:f / ..tfall L:gr~ 2.0 CLUB 54/2 4:.5 0,â€ž.,0 ~/'~*& LAKE 3Ag Wrni !1,1 j 3 : r ~ Townhome ~13?]ls t,\% 2% Â«25 6# : -Ii~CA'./. . OPEN SPKE 4> b CIYCLE 4. . 67.8... 4 C Club Facilities 504 f. 1 99 <CHLki<,44 & I I < ./4 ,'41 A 33 e WORD 6 - f 11 %,e \ ' 344'32'00 E 0 1 Otk : .CS ./ 1 Im'i 'be. . 310Â· 44' *t ~_CT D 58-7- 0 & 1, rSFH'I 4 4 0 r--iÂ¥ , 1 :6.05 TWNHM 2225.DO ./ 111 - 1 / E ~ LOT to a.\\ 44-1 2 i.oT {BA 41 2. 3-:i*J . f ; \Lor IZAâ€¢flÂ·U 9 59- 27' C 1 4)JEREADsagg~,r---1-j tÂ»- .lise. e. 45 164.06 3 04/'E.149Â·'It n Open Space :4 \ 0% ser w.O.-to Â· 117'.SeT les.45 5111 /2tcP . 88~25'â€¢V ZOD.,6 -- 222--I $ 9 1 5 6-16'W Je.,1 - 5. bl 1 J N en'23' W 57.51 1 4 --7- 0- 5014 - N 99*AG'00~-W 0 -9 1 12 2 1 1 -R#.-I-*-01 7,1/ ---=- 0 4 E,g/TNI g,VERS]DE .rTO-1 /\'Eb tu --0,0 DEÂ¥-mot m.01 =DE w ISFH1 Il & Rt i Lot Breakdown Development Totals 0. 26 2 93 8 4 TWNHM 9 3 L.12-1 H 6 9 I fa LOT 41 8 ~ ~~ Z*2249Â°j~~-i-i~=Â·724.-65"Ti,46) I%49.4+ ,a~ ti:~ 2819,84:.* ~1~ 8 .~01-1*5 4 1 CLUB V] \ 19 ~| Lot 1-9,11,12,12A ~ ~ 12 CrY / At,PEN ~ LNE 9 -1 K:VE/510% flACER- M.O. 390â‚¬i'Aâ€¢â€¢~ FoohÂ©::IDNE MON. - W 4, 14.7.43 4 7 <*. 1-0 ;00Â·00 ! 4 7 N 89'08'24' W Gle.43 f 1 Lot 10 1 \\\-4 / 41 1.249/7.LifT*, / . \ ssyâ€¢O' E . 4 0 EE-32-1 -i,tE MY'~iNT )>Le,Na-----9 M.0.3500 AM. 1/ il / FOUND : BR025 AP \ '21/1/9 04.P ser 1 CLUB 1/E.TE 4 -% -w-2 ser w.o Â¢ 2 \ 7%2 / bm 1 L#tiok ' 1~-1 & W '3<7. 1 lirc= 2 ~ z <SFRI *& Lot 13,13A PA/\1 2 w k 1 4.S41 Ac Â£ 30Â·56 ---\1 & U.LI Â·n 2& ) j 270Â· CO 3 \448 * 8 EAOEVIENT@> OF- RECORD - N Â£59" 4*'00'W 4 24' MDEE- l.rr~LITy, --2~6- 42 ACCESS AN/ 474: 4 225*657 - ACCLEâ‚¬.5 BA'SEMENT 15 h,~DOAL/NE 2:ZE..Y%22IC/t>:~f*~,1.- =11Â£:Zte Fgop...r - Tip es Ral:CATEP ~~~~~~ Lot 14,14A, 15,16 6,7744<3 - FDWR LINT- ambeMENT - DNDE//ASLE thsÂ·36* ..0 1 UTLUTY EASEMENTÂ» ~~~~~ Lot 12A, 138 2 \ 1,161 12 j UntrTÂ¥ EASEMENÂ·TS -LL FU IFEET iNWOTH 1 422(D: 153.6 ALONG AL.L 0-/GE;AKÂ¥' UNES OÂ¥~ THE SUBDIVIE,to/ 4 04 1" 1 1 1 P...1 f.3 1 AT TE 1-3 IFEE,- 1/ WIC,TH ON EACH IDE OF= EASH SNTEK,OR- LOT BREAKDOWN 4 I:,-THY.F'~pn. ARCHITECTURE I INTERIORS I PLANNING CALLAHAN SUBDIVISION I.ill FORUMPHI.COM FORUM PHI ~ Fij ore C LOT 12A OPEN SPACE LOT 12A LOT 12 |~| GROSS LOTAREA GROSS AREA: 9250.00 GROSS AREA: 19367.00 GROSS AREA: 63703.00 ~ VEHICULAR EASEMENT NET LOTAREA: 6184,50 NET LOTAREA: 12276.50 NET LOTAREA: 55859.50 (9250.00 - 810.50 - 1267.75 - 987.50) (19367.00 - 1536,25 - 5554.25) (63703.00 - 88.00 - 2466.375 - 5286.00) |~| AREA BELOW HIGH WATER LINE AREA REDUCTIONS: AREA REDUCTIONS: AREA REDUCTIONS: VEHICULAR EASEMENT: 810.50 SLOPES BETWEEN 20-30%: 1536.25 AREA BELOW HIGH WATER LINE: 88.00 ~ AREA OF SLOPE BETWEEN 20-30% (3072.50 (50%)) SLOPES BETWEEN 20-30%: 1267.75 SLOPES BETWEEN 20-30%: 2466.375 (2535.50 (50%)) 305.75 (4932.75 (50%)) ~-~ AREA OF SLOPE ABOVE 30% 549.75 1440.50 653.25 305.50 604.00 364.25 420.00 367.50 226.00 478.75 123.50 482.25 235.75 491.25 905.50 SLOPES ABOVE 30%: 987.50 (100%) 126.00 sq ft \ ~ 1865.00 SLOPES ABOVE 30%: 5554.25 (100%) 394.50 88.00 sq ft 649.00 327.75 66.75 ~1,440.50 sq ft 897.00 145.75 4657.25 SLOPES ABOVE 30%: 5289.00 (100%) 126.00 /4< 712.75 844.25 ~ LOT 12AOPEN ~ 1307.50 SPACE 2261.25 1,865.00 sq ft 163.25 ~ 9,250.00 sq ft ~ Ii-1 145.75 sq ft,> 604.80 sq ft 4 Â«/1- 8' 0.50 sq ft 2,261.25 sq ft 66.75 sq~t /fi 649.00 sq ft LOT 12 364.25 sq ft 123.50 sq ft 63,703.00 sq ft 897.00 sq ft/ 163.25 sq ft 653.25 sq ft \ 905.50 sq ft Lic 367.50 sq ft An LOT 12A | ~ l 712.75 sqft ~, 235.75 sq ft 327.75 sclft 1 2 226.00 sq ft -\ A 549.75 s ft 305.75 sq ft 482.25 sq ft - 394.50 s~Rb 4,657.25 sq ft (Â« 844.25 sq ft 1,307.50 sq ft---_-uw ~ / 420.00 sq ft 478.75 sq ft-~ 491.25 sq ft ~~--~--I-331-15quu----vuu) f \ SITE ANALYSIS PLAN 1" = 50' ARCHITECTURE I INTERIORS I PLANNING FORUM PHI FORUMPHI.COM FLECK RESIDENCE SITE ANALYSIS SITE ANALYSIS SITE PLAN fLOor ARCHITECTURE INTERIORS PLANNING Allowable Floor Area 1452 Crystal Lake Rd, Lots 12 and 12A of the Callahan Subdivision Property Size (lot size): Lot 12: 63,703 SF (1.462 acres) Lot 12A: 19,367 SF (0.445 acres) Lot 12A Open Space: 9,250.2 SF (0.212 acres) Zoning: Parcel ID # 273-718-132-012 City of Aspen ] R-15 Exempt From FAR: Decks @ 15 percent of FAR Sub-grade Exemption: % Exposure Garage Exemption: 0-250 SF 100% exempt 250-500 SF 50% exempt Front Yard Setback: 25' for principal use I 30' for accessory buildings Side Yard Setback: 10' total 10' Min. Rear Yard Setback: 10' for principal use I 5' for garage or accessory buildings Height Limit: 25' Lot 12 Lot Area/Net Lot Area â€¢ Total Lot Area: 63,703 SF (1.462 acres) â€¢ Area Reduced for Slopes between 20-30%: 2,466.375 SF (50% of 4,932.75 SF total) â€¢ Area Reduced for Slopes greater than 30%: 5,286 SF â€¢ Total Area Reduced for Slopes: 7,755.375 SF â€¢ Area Reduced for High Water Line: 88 SF â€¢ Net Lot Area used for FAR Calc: 55,859.5 SF FAR Calc â€¢ FAR linked to PUD Amendment: 6,731 SF â€¢ Allowable FAR per 2000 Code: 6,717 SF â€¢ 6,600 SF, plus 2 SF for each additional 100 square feet of Net Lot Area â€¢ 6,600+(2x((55,859.5 -50,000)/100))) = 6,600 + 117 = 6,717 Lotl2A Lot Area/Net Lot Area â€¢ Total Lot Area: 19,367 SF (0.445 acres) â€¢ Area Reduced for Slopes between 20-30%: 1,536.25 SF (50% of 3,072.5 SF total) â€¢ Area Reduced for Slopes greater than 30%: 5,554.25 SF â€¢ Total Area Reduced for Slopes: 7,090.5 SF FORUM PHI â€¢ Net Lot Area used for FAR Calc: 12,276.5 SF FAR Calc â€¢ FAR linked to PUD Amendment: 2,550 SF â€¢ Allowable FAR per 2000 Code: 4,309.25 SF â€¢ 4,080 SF, plus 7 SF for each additional 100 square feet of Net Lot Area, Max of 4,500 â€¢ 4,080+(7x((12,276.5 -9,000)/100))) = 4,080 + 229.25 - 4,309.25 3aOO 9 LOE 10, = .1 13A31 83ddn Solvo WV=1 IOL = .K 13A31 NIVIN S01Â¥0 MVB ElÂ¥=1 311I1133HS U bs 09â‚¬99 2 & 10-1 NVHV11VO NOI-LdlbIOS3CI 19931 1 - //l' / I 2 LO-ZE-9 Lg-ZEZE #al -1308Â¥d : Â·r ' ' ' r -'~: - | U bs ~g.~gl . 1-laM ./- 1 SPH 10IbllSIC] BNOZ 011 '1Hd INAMOd 1HDIEIAdOO ..~ 1: OV-1 AB NAAVID Â· '- Â· --- 09 ON.LOBPOUd Â·Â· , ~+1--2 Jitz# ~-~-Ubiew:p, E- - - i Pp 1- 1.1. :- I.37'.3- i -3 kil~.VE.2-0- 1 1 '031=11133!A all3=i N338 1ON 3AVH 3S3H1'S1031IHOI=IV ~< .1- 7-Â· Â· ubs StÂ·zeg' L ,- -f- 1 . r iiI 1 NMObll *8 03CIIAOWd 3 -, ':.4 -I SNV-Id flINHEd ONIallne ~ 330 039Â¥8 SNOI-LY--ln01VO f ...'r. ;Â·Â·~ 11 ~1 1 ' f U bs 91Â·98Z - Â¥3MV HOO-1 3 3S3H1 0.01.-/.fÂ· L.4-1.111 - 1. 02]OnCOEId IHd INAMO=1 No ubs 92. %2 ; 1 ~mu-'Â·4 0[1Vd ' - Bav\Ilv-losla _cf.=B.5..#~Â£ 4 - & I'libial<Eallill"Ir 1 _ 14 2.-1 113M - - ' 11 11 1Holl : u s 00'Â£99 ' r. f %39.4 - I 1 1 1 - 9 4,4 1 :0 11 1 91-ZIZ'Z 03 bs) ear, 10013 bu!;9!XE 1901 09 9 W bs) eaN 100[3 40/ocinloaa 9L-ZLE L (13 bs) ea,V,Â¤013 bunsixa le:01 62â‚¬89 1 (k! bs) ealv Joold pial Jaddn 09'9 (13 bs) "Jv JOCId 40.Od/Mo/0 09,LgE (13 bs) earv -013 18"1 "eW 91 899 1 (13 bs) e/JÂ¥ 100[3 10,01 leddn L6690 (43 bS ) ea,V 10013 leA@1 1~01 09 PLGE 03 bs) eaivioow laA/1 uievq suotle,noleo eeiv loold bu!,St][3 ]Elol Ki 6981 (13 bs) ealÂ¥ JOOi3 le.1 J.M.1 SU/!WIn'llo eal/,0013 buns,/3 t.101 (a~qeâ€¢~011~-SE SGOL) 09.5, (13 bs) earÂ¢ '0013 alqejunoz) 4/odploaa (SE UZ + 9-092 + 9 Â£95) 92 990 K (13 bS) BalÂ¥ 100[3 SSOJEJ ebe,BE) (aiqe,â€¢01[V-SZ 55011 09.9 (131 bs) eNÂ¥ /001:1 @lqelunoO 40,od/40Â»al ;dwex3 SE'98E (13 bs) Rv Joold Ssole 40'od luold (SE LEZ + 9 092 + 9 â‚¬99) SE SSOL W bs) /8/V Joold ssojo /6/1/9 Suolieinoieo eaJV '0013 40,od/]1000 bulls!*3 iduJax3 SE 99g 03 bs) /01Â¥ 100:3 SSOJâ‚¬) 40'od WOJd SUO!42,nole O ea,Â¥ Jool:1 40J0,01000 bugs!13 06Â·,LiE (13 bs) e.V ;0013 @Iqujunoo iaA@-1 013,11 00'88& (13 bs) ea,viooid @tqejurloo abe,/9 SL-229t (Ad bs) .,V mold alge,unc~ le,~al leddn 00 Egg (13 bs) ealv Joow SioJE) abejeE) SL â‚¬991Â· (13 bs) earv 1008 SSOJE) I/A/-1 Jaddn 09 92,E 8 bs) e@Al 10013 SSOJE) Fiel ule. suo,Winmeo waiv Joeld laial Jaddn Bugs!*3 SUO!,Einlieo ee,v'Oold I.Aa, Uiet,Al bu!1S!.x3 a 30-1 uols,Alpqns uequileo a 10-1 UOISM,Pqn s u eu elles suogeinoleo ee.1Â¥ 1008 suoiwinoleD emv JOOM EL 101 NOISIAIC18AS NVHV11VO ld~3)(3 LI >1030 9999'OZZ-999 a ZS Lt BLE-0Z6 :c 1Â·L9 L8 Ope-10100 Â·uedsv 39VUÂ¥9 t,02 81!119 '18818 ll!e IN ls@AA S LZ 318 VlNAOO ON3931 NÂ¥ld BÂ¥3 3 21 Â°AS\3 - 3000 9 Log 0,= .L 13A31 M3MO1 Solvo 3aÂ¥2198 nS ,Ot = .t 13A31 83MO1 SO-IVO BaghliBnS 13Â¥=1 .7,~n. ~ ism] '2Â£#pmE N9/Â£.m .3)'.' ~Il ... f 9 Â·. 13 'gE SE .*â‚¬ Â·EE ZE . . --il- --IT . 4 0 1 0 Z 3121133HS 4 4 9 4 H031/'1 e EL 101 NVHV11Â¥0 2 - , 6 L 6 Â·I NOI1dlt]OSEIa 14931 N ...n . Â·./ 'r./.- i f ..'"-,92 ;./ 91 1 ...0-,8 1 I kHT ELO-ZE-8LB-ZEZE # al 130bIVd 1/""fl 1,5..:.,1 2 - i...4 ELÂ«f [Â¥-6Â§-Â§2-9Â§1 [U.I.#M 1â„¢33il Nwaffil lirai=tjm lii6*3ZEI [â„¢arm 1/'I",1 91.-11 10]81$2 BNOZ U Â·g 62 02 1/ 9Z ... ZE . 02 . 011 'IHd V'InHO=1 1.HE}18*dOO --*-- - . 1.6-2 -,Up 4 4 11 Ovl *83 NMVEIC L L0 ' 1 -89 219 L :ON 103 rOWd 6 ' 0~ Ubsgr,01 Â¥ bs 05Â·U 1 I b. 0/'ll 1 - 1 ..11 8 -I ./.I-Il â€¢ 1 .869' . &4 Â·t . l & ZE fii-El. 1,-Cl"! libioeft mlatio i,Â·simful ,-55#ZA Us-09Zvil 1/6Â§-.. ty-N-6Â§311 1.-Di".,1 ~ Â·. 91 . n E, El ~L .06 6 2 -8.-~11= I I '031=Ilb13A allad N338 1ON - Ill- BAVH 3S3H1 -91031IHOWV rn rill NMOBJ. AB 03GIAOEId SNV~ld 1101133d SNIallne . E ..0.+92 41 -66-.9 71 .C-,n '1 930 039Â¥8 SNOI-LV-ln01VO --- - - ubs Do og ubsooÂ·M I-1 0 N 1. 4 -Ot.01 l. 4[[ L V311Â¥ 8001=I 3S3H1 Ubss.Â·ZZ u & 00 Â£2 U -52 6 *ts 52,9 'b. St . u bs . 52 ~U - 9 030naObld IHd KABO=1 -LJUU - 6 91Â£â„¢'2 (13 IS) ea,vioold buls,Xg letol L LI, 1. LL 11 11 L__1 L LL LU L . 09 9 (13 bs) av 1003 4Ojcd,01000 831'11VIOSIC) 1 -O,-18 '1 1 .0 1 1 T--71.5-2/lintÂ·.Ll 1.znr.Fl a.i-3 1 1 #' I 1 ..5-,$ 1 1 1.,9-/21 .69-291. .1 .E 92 1991 03 bs) ealÂ¥ Joel:1 le/,al Jaddn 09 1,98 (13 IS) ea~i JOOW laA/1 U!el~I 1â„¢-Er. I.B.-88/, mamjr #i'0*.,1 W= 1â„¢-Izzl '..3 1...21 L66991 (U bs) 201Â¥ JOOIJ la Aa-1 1/M01 9 Â£ Â·9 Â·9 Â·i Â·E Z '6 1.0-St'bnk-Â£ 11 suonelnoleo eeiv,00!:1 5uqs!*3 I.101 - - 486~ ~ 5 ~690; (13 IS) 2.4 100:3 alqelunoo laA@1 1/4/01 Ubs Og M ..00Â·82 Ibs=291 gL-ELS'D (13 bs) 894100ld sso,9 laial JaMal U - U , 5-insieo eNÂ¥ 100131.Ax '@AAO, bu!*5!19 Â·r-5,19-,m c , Â· 14 -L__1 L L 1, , ./=. 1 1Â·-Â· 7.171 T~/FT Â·I -0.,6 1 9.6017 (le101 / pesod*3) Ilem pasod),3 JO % 00'ZLZL (13 bs j 201Â¥tteM pasodia 92 926*Z (W bs) sea,v IieM lelol Ile,e,~ oo o 09â‚¬44 gE 13A31 M3MO-I S01Â¥0 BV=I 00 0 SE E SE 00'0 09 69 VE 00 0 00 OP EE 00 0 2-692 ZE 00 0 95 912 LE 00 0 9Â£98 08 00'0 90Â£ 62 000 92Â·99 SE 30]vals Lg 00'0 SEE NO OllÂ¥d 000 SL 98 91 00 0 96 E L SZ 00 0 00'09 42 1 1 1 6/ a EE ~ 1-13M 00 0 sne ZE j 2 H al I gzvok SEÂ·Ea LE 09 ZZ 92 60L 02 1 . 09 VE 92 9~ 6 -Â· h Â· 11 52'ZE 91Â·89 91 1 v j . Â· I U L -C 7 5 Vt - 0 . 00'EZ 919Â£ a 92 6 00 BL 91 . , 0 + 0 ~ 11 if---â€ž - 2=r=-u bsgzeLg0. . -=; Â· 1 - .4 92.9 91 91 St J 1.. - 1 2 Sip 92 EL *1 92 91 SE Zg EL 00 08 09Â·EN n =. .4 -T.-%: _ 00 0â‚¬ 09 PS k, ./.--- MN 06 62 01 ldVIEEXE ~ ~ 09'*91 09 *m 6 09 92 09 62 8 EL 101 -- 00 091 00 09L =2=== Lt >1030 09 92 09 2 9 NOISIA108AS NVHV11VO 09,91. 9 i 00 M 09Â·SE * , 39Â¥13Â¥9 09 LS 0922 E 113AA 00 92 00 0, Z 1Hell 00Â·al 00 Otc L 999902Â£998 8 LS Lt'62-0Â£6 d - 319Â¥1.NnOO 03 bs) ea/Â¥ Iw, pesoda (13 bs) earÂ¢ 11.,A leal pqel ||eM FAal '240-1 SuollelooleD 11'M laA@-1 m/wlbuns!xa L L9 Lg ope,0103 'uedsv tog e#nS 'WeA]S u!BIN ls@M 9 LZ n 10-1 UOISIA,Pqns ueqelleo ON3931 NÂ¥-Id WÂ¥3 suoileinoleo eeiv Joold 1Hd 01[180=1 .. 24-0- . R jure 9 RAAM EEST WY: NEPLUMAN L#MAN MF Floor Area Calculations LEGEND 9208,11,MANAVE 5% 33 City of Aspen FAR Submission RN. CO 8611 Gross floor area calculated to exterior Existing Main & Upper Level Floor Area Calculat ons [33 face of 2" x 6" exterior stud wall and Main Level Gross Area (Sq. Ft) 1,296 \ / /) exterior face of foundation wall Upper Level Gross Area (Sq. Ft) 429 Existing Deck/Porch Floor Area Calculations ~ Areas not included in floor area calculation Deck Gross Floor Area ( Sq. Ft.) 625 Exempt Deck Floor Area (Sq. Ft.) 383 (2,550 allowable x 15%) DecldPorch Countable Floor Area (Sq. Ft.) 242 (625 - 383) m Deck/Patio gross areas Total Existing Floor Area Calculations Lower Level Floor Area (Sq Ft.) 492 Main Level Floor Area (Sq, Ft.) 1,296 Upper Level Floor Area (Sq. Ft.) 429 Deck/Porch Floor Area Sq. Ft.) 242 Total Existing Floor Area (Sq. Ft.) 2,459 Overhang ['- 0" Deck Â· Exempt 103 sq. ft 53 sq. ft. (exempt) EXTERIOR AREA 1,296 SQUARE FEET 'r}t}.tft '11'/:'71''ll.331/!111'.11 1-4-# . 1 1 1- l lili 1 1.1 j 1 f, PlaECT / '--0>30>/2 - 'l 1: r# 1 .li. 1 - 1.- / / 57Â«/' f /-/"./.. Laundry/.-Â· , I492 (]El LAKE ROAP 1 111 : :.: 1 1 ....:.:. 111.111 5,1.1,11.1.11 . I t>j/ . '// 1 1/ 1 .-45 AEN, CO 816 . :1 - :r jif:,ili fti 'flf; 1 j~~>if>fjÂ« Living foom 49 . %~/1 1 ,.iiI -,1/iÂ·'; '... . li . IMIN / IFFER LEVEL 11/11( ./'lli'llt, litÂ·Ii Â£2_1_Li_.3 1 ilt/..tillfil'/Â¢"1,1/1 '- I ...igtkuit 1,1Â»- i 1 2/ Ifflt,Â· -Â· ~jjffqjÂ«j # i , Deck 1//.///:/3 //L ///,>~~//â€ž5~/5,022... 3':.-~Â· 1-7* /.~Lkr/,,fl....1, /li,11; EXTERIOR AREA 216 sq. i ,%23%,23>556>45,134,55*'294~7,2.>1.--c I> \ ",j .3..5/ 0/,-~-/=Â· 1 ///121/ /// 2/Laundry /~90<~ ~ 4- f-< 429 SQUAREFEET Covered Patio 1 DEANTbOY :611 1,1111 91 sq. ft. mit PIA'â‚¬~100 / powiva m/(081612 noÂ·els-85Â§i A,5PENmEPIAIEN51~!507&05fter WINN,SE219050>SCON, Â·IPÂ£51,PMEION pe Ki grace= a/E/236 01/ 22/ 20â€¢ A -1 ICU 1/411 "It . NOE& GWMW Fia/5ffY: Floor Area Calculations Subgrade Calculations Legend Uk~ETH LBMAN LBAWJ MOJ' City of Aspen FAR Submission LEGEND 920 E.HYMAN AVE. 5Â¢ 2 Existing Lower Level Wall Calculations AEPEN, CO 8611 Gross floor area calculated to exterior [~| Exposed wall Lower Level Wall Label Total Wall Area (Sq. Ft.) Exposed Wall Area (Sq. Ft) 1 305 35 ~ face of 2" x 6" exterior stud wall and 2 124 71 ~ Wall below grade exterior face of foundation wall 3 94 94 4 127 127 5 214 142 ~ Areas not included in floor area calculation 6 65 0 7 64 0 8 123 0 9 67 0 n Deck/Patio gross areas 10 63 0 Overall Total Wall Areas (Sq. Ft.) 1,246 Exposed Wall Area (Sq. Ft.) 469 % of Exposed Wall (Total) 37.64% '' 37 Is" r Existing Lower Level Floor Area Calculations -1) 35 sq. ft. --1.~e/4~ Â·ifil Lower Level Gross Floor Area (Sq. Ft.) 1,306 N - Lower Level Countable Floor Area (Sq. Ft) 492 (1,306 X 37.64%) ..9: 305 sq. ft. ~3~: .IÂ·: : 14/ 1~ Total Existing Floor Area Calculations Â© WEA'2217- Â· ..F , Lower Level Floor Area (Sq. Ft.) 492 30,3% 46<if Main Level Floor Area (Sq. Ft ) 1,296 Upper Level Floor Area (Sq. Ft.) 429 Deck/Porch Floor Area (Sq. Ft.) 242 Total Existing Floor Area (Sql. Ft) 2,459 M "' Â· , A Aill ..8 - '. 9 -~ 15' 10&. -42 - 1 TL i . 71 Sql/-3 u '8 -KN 94 sq. ft. m m 127 sq. ft. 0 -A " :;- 124 sq. ft. - - 7-_ El 11:11'i. -- 4, 1 4'-6"- CO = n 4140Â«71 1 - 5 Nom; '39- 21 1-0///4,i: ~ Vi1%9 1%03Â»446.04/00/2- y i. 64 sq. ft. - . 65 sq. ft. @ ,Â·tÂ· 4- 11'i':c, 104 0 = /2 q. 142 sq. ft. , -104 104 , r. Â· - D., J Â®E L - l' - _. - -1 1 7': Â» U . Zt 2'.1,Un /'. Â·- / 9 4' 214 sq. ft. 14 1452 ay591, 1.AKE Ropo 1!,1 11, AYFEN, CO 81611 %(.fÂ·~Â»fÂ»,2/fÂ«Â«Â»f.7/54.- 811/01,3-5 o o te - LOWER LEVEL tÂ«49,-09Â«Â»Â»:Â»ar--Â»>-i--..i ~..~~~~3:! ,/A- 720'Â¢ iiisipp.ii/1,fi'2332AKIL,f<f#Zajaifc:dst,i I.i':551:1,365'X>'kii//I i,trii/ .- r 49-1. 03%34% %***uffâ‚¬ 3/490,49 /4.-4 111 :1 -F ~ 63 sq. ft. ~ y ~ 67 sq. 4 Â£~ 123 sq, R, f Â·4920%04/474-Â· ,/9//// i:,11'11"llirI 111.111 1 12 . 12 Covered Patio 4, 5.~j~LivingRoomiff /425 20535'~ -~4-' 71"I/Â«,> 1 C. 26 q.1 - / / '.,16.295~ 4.5-~ 9~f 7, 0 A go 1111E PWEEN5 54.9,/,67/L//hy/2,5 407 ''9 '70>24.1 I. polooxioei .. 1 :Ii,ili,til,1 :18.- AfEN. CO 81612 r0618-8591 EMK ARNmEPINE0%0COMCAWIET m,N,fFENmEPIAÂ¢N51~15Â£OM 1,1 1. 0 2; ml!51/M55Â©N PNE K. - 27' 52 01/22/ 2016 i a/22/2016 Z. I/4" . I' â‚¬&90/ ARCHITECTURE INTERIORS PLANNING Allowable Floor Area 1452 Crystal Lake Rd, Lots 12 and 12A of the Callahan Subdivision Property Size (lot size): Lot 12: 63,703 SF (1.462 acres) Lot 12A: 19,367 SF (0.445 acres) Lot 12A Open Space: 9,250.2 SF (0.212 acres) Zoning: Parcel ID # 273-718-132-012 City of Aspen I R-15 Exempt From FAR: Decks @ 15 percent of FAR Sub-grade Exemption: % Exposure Garage Exemption: 0-250 SF 100% exempt 250-500 SF 50% exempt Front Yard Setback: 25' for principal use I 30' for accessory buildings Side Yard Setback: 10' total 10' Min. Rear Yard Setback: 10' for principal use I 5' for garage or accessory buildings Height Limit: 25' Lot 12 Lot Area/Net Lot Area Â· Total Lot Area: 63,703 SF (1.462 acres) â€¢ Area Reduced for Slopes between 20-3096: 2,466.375 SF (50% of 4,932.75 SF total) â€¢ Area Reduced for Slopes greater than 3096: 5,286 SF â€¢ Total Area Reduced for Slopes: 7,755.375 SF â€¢ Area Reduced for High Water Line: 88 SF â€¢ Net Lot Area used for FAR Calc: 55,859.5 SF FAR Calc â€¢ FAR linked to PUD Amendment: 6,731 SF> (,0/ ' ~cjcter,~-, 7 â€¢ Allowable FAR per 2000 Code: 6,717 SF/ â€¢ 6,600 SF, plus 2 SF for each additional 100 square feet of Net Lot Area â€¢ 6,600+(2x((55,859.5 -50,000)/100))) = 6,600 + 117 - 6,717 Lotl2A Lot Area/Net Lot Area Â· Total Lot Area: 19,367 SF (0.445 acres) â€¢ Area Reduced for Slopes between 20-30%: 1,536.25 SF (50% of 3,072.5 SF total) â€¢ Area Reduced for Slopes greater than 30%: 5,554.25 SF â€¢ Total Area Reduced for Slopes: 7,090.5 SF FORUM PHI â€¢ Net Lot Area used for FAR Calc: 12,276.5 SF FAR Calc â€¢ FAR linked to PUD Amendment: 2,550 SF â€¢ Allowable FAR per 2000 Code: 4,309.25 SF â€¢ 4,080 SF, plus 7 SF for each additional 100 square feet of Net Lot Area, Max of 4,500 â€¢ 4,080+(7x((12,276.5 -9,000)/100))) = 4,080 + 229.25 = 4,309.25 EXHIBIT n 36. ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM project. \449 lf;-2 Crlptzo (ate 123 (01 *11 + Minor ?D AnÂ¢fdtrwn-1 Applicant: tailoar# anA Aarrn Elect Location: ~941 Crwhitti Late 200-4 ; Alpen Zone District: /6- /5/PD Lot Size: ' 7 8 'or/Â¥LS rsee map/Ajure zi) Lot Area: 6403(ast ft. (Ste inqf/f,Â·140â‚¬ 63 (for the purposes o f calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: At/A proposed: N*/A Number of residential units: Existing: Proposed: 1 Number of bedrooms: Existing: -TED - Proposed: 1414 Proposed % of demolition (Historic properties only): Ad/51 DIMENSIONS: loT 12 :3212- 231 I 12: 61-11- Floor Area: Existing: 124:2991 Allowable: '2.SOO Proposed: 92&'4~ Principal bldg. height: Existing: -reg Allowable: 2%' Proposed: 2% Access. bldg. height: Existing: 189 Allowable: Zd Proposed: 20' On-Site parking: Existing: > 44 Required: 3 Proposed: 1Â¥ 1 % Site coverage: Existing: T99 Required: Proposed: ?R 20,1106 % Open Space: Existing: ~~A Required: hJ ~A Proposed: A ~A Front Setback: Existing: Required: Proposed:?8.02:06,46 SEE Sougy Rear Setback: Existing: Required: Proposed: farhateD ks 41.â‚¬860Â£8 2 .Â· Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: L Distance Between Existing Required: Proposed: Buildings Existing non-conformities or encroachments: Ad,JE KAou),1 variations requested: AOAE COMMUNITY DEVELOP NT DEPARTMENT r = EXHIBIT l 1 3c. Homeowner Association Compliance Policy All land use applicaaons within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed bv the Droperty owner or Attorney representing the property owner. Name: Barbara & Aaron Fleck Property Owner m: Email: aaronfleck@comcast.net Phone No. (970) 925-851 5 Address of 1449 Crystal Lake Road Property: (subject of Aspen, CO 81611 application) I certify as follows: (pick one) C] This property is not subject to a homeowners association or other form of private covenant. El This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. C~ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant benefidary. (SEE Prrhot-ED le-11-Eg~ I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. 01 --i,-3Â£41 *9-14(7 Owner signature: 6,4 6â‚¬4Â·61 / Owner printed name: AN-,0 -Fl-2-46- or, Attorney signature: date: Attorney printed name: ~ 1AAS CAMPBELL RIVERA JOHNSON &VELASQUEZf Cheryl Velasquez 970.544.4612 velasquez@wcrlegal.com March 14,2017 VIA EMAIL: bgenshaft@genshafteramer.com Benjamin S. Genshaft, Esq. Genshaft Cramer LLP 420 East Main Street Suite 200 Aspen, Colorado 81611 Re: Minor Subdivision (Lot Split) and Minor PD Amendment Request for 1449 / 1452 Crystal Lake Road, Lot 12 / 12A, Callahan Subdivision (the "Lots"); PID # 2737-181-32- 017) Dear Ben: As you know, this firm represents the Stillwater Ranch Open Space Association (the "Association"). The Executive Board (the "Board") ofthe Association has reviewed the land use application dated February 2, 2017 (the "Application") prepared by Haas Land Planning, LLC and Genshaft Cramer LLP on behalf of the property owners, Barbara Fleck and Aaron Fleck, each as to an undivided fifty percent (50%) interest in the Lots. The Application seeks to obtain a minor subdivision/lot split and obtain a minor amendment to a PD Project Review approval (collectively, the "Lot Split") for the Lots which are located at 1449 and 1452 Crystal Lake Road and legally described as Lots 12 and 12A, Callahan Subdivision, according to the Plat thereof recorded May 195 1976 in Plat Book 5 at Page 7, and Amended Plat thereof recorded August 17, 1997 in Plat Book 6 at Page 16 (the "Property"). Currently, Lot 12 (but not Lot 12A) of the Property is included within the Stillwater Ranch Subdivision/PUD (the "Stillwater Subdivision"). The Board is generally in support of the Lot Split, subject to final review of the final plat and related documents required for the Lot Split, and further subject to requirement that only Lot 12 (and not Lot 12A) will continue to be included in the Stillwater Subdivision following the Lot Split. Please contact me if you have any questions. Sincerely, L/ Cheryl A. Velasquez for WAAS CAMPBELL RIVERA JOHNSON & VELASQUEZ LLP {A0104077/1} CAV/bjd CC: Mitch Haas, Haas Land Planning (via email) 1350 SEVENTEENTH STREET SUITE 450 DENVER COLORADO 80202 M 720-351-4700 p 720-351-4745 420 EAST MAIN STREET SUITE 210 ASPEN COLORADO 81611 M 970-544-7006 , 866-492-0361 WCRLEGAL.COM 'PEN I EXHIBIT City of Aspen Community Development Dept. 130 S. Galena Street Aspen, CO 81611 RE: 1449/ 52 Crystal Lake Road (Lot 12/12A, Callahan Subdivision) PID# 2737-181-32-012 Minor Subdivision (Lot Split) and Minor PD Amendment To whom it may concern: As applicant for Minor Subdivision (Lot Split) and Minor PD Amendment on the above referenced property, we hereby authorize Haas Land Planning, LLC (HLP) to act as the designated and authorized representative for the preparation, submittal and processing of a letter requesting the approvals listed above, as well -as, any subsequent applications associated therewith. HLP is also authorized to represent us in meetings with City staff, the Historic Preservation Commission, the Housing Board, the Planning and Zoning Commission, and the Aspen City Council. Should you have any need to contact me during the course of your review, please do so through Haas Land Planning, LLC. Yours truly, Â«a24-13-- dSÂ« 00(41~- Barbara Fleek/Aaron Fleck 1449 Crystal Lake Road Aspen, CO 81611 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: March 21.2017 Dear City of Aspen Land Ilse Review Applicant, We have received your land use application for 1449/1452 Crystal Lake Road. Minor Subdivision request reviewed it for completeness. ~2~ Your Land Use Application is incomplete: Please submit the following missing submission items. 1. A disclosure of ownership of the parcel proposed for development. consisting of a current certificate from a title insurance company or attorney licensed to practice in the state ( no older th@n 6 months), listing the names of all owners of the property and all mortgages. judgments. liens. easements, contracts and agreements affecting the parcel and demonstrating the owner's right to apply for the development application. The title is outdated. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Th*,You. f r ='t A 1 4-1 - V C 74/Vuvlj ><Â¥ U \A-- yehnifer Pli ~n, Deputy Planning Director City of Aspen. Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes- No ~<* Subdivision, or PD (creating more than I additional lot)- GMOS Allotments Residential Affordable 1 lousing Yes - NO-PC- Commercial E.P.F. Lodging 4319,4, ;D '4*)- THE CITY OF ASPEN Land Use Application Determination of Completeness Date: March 21.2017 Dear City of Aspen Land Use Review Applicant. We have received your land use application for 1449/1452 Crystal Lake Road, Minor Subdivision request reviewed it for completeness. '~2~ Your Land Use Application is incomplete: Please submit the following missing submission items. 1. A disclosure of ownership of the parcel proposed for development. consisting of a current certificate from a title insurance company or attorney licensed to practice in the state (no older than 6 months), listing the names of all owners of the property and all mortgages, judgments. liens, easements, contracts and agreements affecting the parcel and demonstrating the owner's right to apply for the development application. The title is outdated. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 i f you have any questions. Thy]4You, c JIBKJ WFU \Aj~ Â»Yinifer Phâ‚¬1*. Deputy Planning Director City o f Aspen. Community Development Department For Office Use Only Qualifying Applications: Mineral Rights Notice Required New PD Yes- No_~<0 Subdivision, or PD (creating more than 1 additional lot)- GMQS Allotments Residential Affordable Housing Yes - No-01- Commercial E.P.F. Lodging .. ZONING CHECKLIST Â©aj-co- Cl) 20/ O 6 Owner's Name , UU.-L Permit # 6433 09- I)(12CD Contact Person -3-bUy; T<ZAA - Trovyrn Phone # 9.1 5 41 5 2 Address 1 4-4 1 5%&/MAN OrÂ»+a? 1-Uzc RA /ut )1 1 )4Â« Legal Description Zone District 61 - )5 P u O Certified Survey: 9/ /5/ DO <1131 2 6 , '991 - PLANNING APPROVALS: RESOLUTION/ORDINANCE #: 91*4-~7 rrb~~ 1-- 4 HPC: Conditional Use: ClÂ»-Â«_ Design Review: 8040 Greenline: '5*j- .1 1 1-cop -SE> 0) UD Stream Margin: View Plane: GMQS: Special Review: Bd of Adjustment: ADU Deed Restriction: Reception # Th~C.< Tree Permit: TYPE OF WORK: '~' New Construction m Remodel/Addition m Demolition,Relocation '~Single-Family El Duplex U Accessory Structure U Commercial Multi-Family - # of units U Employee Housing - # of units LOT SIZE: 6-3 , 903\Lk LOT AREA: 22 43 5%Â«3% 3- l SETBACKS: Allowed (Principal/Accessory) Proposed (Principal/Accessory) Front Side Li Lies vy,-~134 ry Q./r 34 Rear * A 0 84-N L.~0& Combined Front/Rear 92#2046rk, .*0, oK Distance btw buildings Corner Lot: HEIGHT (Principal/Accessory): Allowed: c:~'u~ Proposed: c=,3 r- 1 FLOOR AREA: Allowed: Proposed: 09 As.4-41<- 1 ,Pr ~_- Exempt Space (s.f.): P.,r i UD 4-.9=Ul -2 k,1. 1 44 076/ h Garage 895# ADU *yee- Subgrade Decks 96 9.. 6 --91> 3 95Â« i Â£-Â»9/*. td 6--rs NET LEASABLE SF: Existing: Proposed: OPEN SPACE %: Required: .-. Proposed: - BEDROOMS: Existing: CN Proposed: SITE COVERAGE: Allowed: -I. Proposed: ON-SITE PARKING: Required: J Proposed: FEES: Cash-in-Lieu: 4 23 -9- j la. 6.4-3 Park Dedication: -43 6 3412 r) 0 Adrn n , n T j- -Ce-,5 - <3 - 3- il. FLEÂ« Lo-, 9 96 Â£ 7- _1 2- LET_12- Lor l'2-A- 4680 Sn LLVUATE-16 - 644 41-lau ,73 - <SuBDI vt & ion) _ _ , l-44- of -- /22 leÂ», 223_~9â‚¬f~~_j Â»r - 9499_i - 4 â‚¬16Â· 1 , r - L 4--3 - 1>65 v. n ak _ 3167â‚¬ . 0 LATMW k 5 444 67 IÂ·, 3,/4 Â· PO ~1~2--- -- n AILJ Â· Eam Â» 04,9,4 6, e>c i yh 44 1-1 -2, aGo - 'Pre~ 69% Ma k loÂ» Ca,t ct* n 5 -2 M, L [4*7_Â· - el,J - -- e iVI Et(/1/1, 1,2 +- TMAck'FLC,1~-Ce Of ~ s**..61 ./1 I).2 P M Gwil - + '81-k %1 4 3. 1%65 4-6 4 1-9 /1-Â·,2-1 - 7 >p l,_pw - cAL.*. 02 1-1- 9 38LL kit'r82_ 6*NO 1+- OfeÂ« Se.ce Ass oc.141 cr... - (% 1 0 -1-10 . 6~TILL * Al~ell- Rewok- 14Â£ 81#Aus Aribtâ‚¬ 874-u ---. IT ts vioT , ,- 1 (444 . ' -lgE-*r LAR- 6-~-Lk L 1 JA ak, L 6-T~>. 7 QQ An 1 0 9 (9â‚¬-114& agisfus.-41 UBJâ‚¬AL,4 0~4*4 - fole- of- 26Do 344 7). 711 1-3-6 - -0> 1?62 259>. 0-0. _Toriet_ 4 __tit-44e -L tyÂ°t 0 ~ 44Â« - Weed g <~LA VpIN- <-44 -An_ VIAX~ ~ : Floor Ar" Caft - 20-DO V, Zo'+2 - 6 ?2? 72/2- - 2 + r 2451 - -- 7 Cjs#4 6%2 ,-I aoe; C-[ t~ WIL A Clhvatt 2.acf. BI .1 ~dat Veh A. 36 k :p Teeic, ~Â·Not idpt --4 - HDA- u_31'64 *4.f>oce_ Al~ 7 ___ 43)0 we J ~89 * Rul Diu ~lA - Se K 9-k- Ab ~=- 9'41%1--fÂ»t~ - AÂ·Â£~wA\Â»GÂ£ -- O(444 + 6-64 I 61 + def - 4 litij- 1-5 1-3161 );49114 214 1 Â¥97 - 4Â» 1 2-1 6---- L~o*pÂ·w . 441 .0,9 48 eÂ°]19 1 4 , 343 10 *Pul.S?J -- 9"fv}9 f~<4 6 FC./.v\03 :TW ly - ry -rÂ° G531 4 1 QiÂ°7 -f 749'N - 3 1-3 -- 99 k> -- .rl#r*4 -Cd _ 0-SS-Z. Cd- ~ f?1 %6 -*F 6 1-49 31-3 tÂ»lrr'90 144 2.44 ~td ~- 43 FHA PNOF, 0 â‚¬02 61 , tb-6-6- f-fÂ« 94 4 - 19-MR dg"mlv 6 14Â£ S-\, M j )19 -3 -- 4Â°7 i 04*, 4/P-) Â£' 9 51/%*dt op 101 194 1 - 1124 irÂ»N *11('2 7* pfÂ»244 st 97 9 777)19 Juvigf 1 +72% v - 441 3-3 Â¥ 1v02 f,12 04 7- 6 1 -rt) 3)- 3 4Â£Â£ '09/17 rm' b 11 6 - 9% L 919 -TNT - 3 1 -211 OQQ-3 Cd- N-9 31 1 4.-7 -PN .Â»,91 -a - - - 0- ' ~min ,45- ~40.g /F- 4.647*+2 cf~849,94 0920 - -- EXcUe-4 {12 1Â°Â« 144 - %*111. Will-/0 - 4$ 2~4 664 7/Lf- i s -40 QAL + 6 (A, 0 #,% u,udg 4 4%-th,L COL, <3Â£â‚¬00Â·~ 1>J Gf tkk . Â·l-4 l-L-1-(LA-- dA-,- fd 4-- st(LA-- 44 ft>4 -- _- Â·1 D~ f *b 4 wÂ»-3--- _ ___ Â£ L-o-r- 2>fu r -0 136 Ula--pu-,-c~ -OffrMILÂ¢ - 40?Lf -7X <fkf_t'*67-~ . of- Cllk-&+Su- L &/visnAA . Ellg os.Â£ AN*vf 31& flUN - A Ll g fly.k I-/ 74 45*cr eaÂ£_ /1-0 (x_ 803[c Ok /2/1- -161 +941-6 -F A2Â·60 LAk cO,~L 22 I 46 S -Fee- 5 (teu A,3- t IA - '.25Â»- 289 k A-f) LA toÂ© 1 ~ ~22/t. 6(UM -reft i (Af - A- Â«4fz n - - 4 74/ 61 02 affre J fei-- aj_~i_ 4-di 16 BAA+ovt. ~ _< 3% F-1-â‚¬ cre-44 -4 cus L , 1 3 Ig l kkA- ix, d,u 4 Â»42 ~tkl Pu, 914 *23 3- E - r -- bue*at \\\93~ Lj L ~62 6. *w~43416-1 VO\. 8 , , /4 1*kibit A 4 H 1 _.0/'- July 29. 1998 9/5 Ntr. John H. Case. Attorney PO Box 4203 Aspen. CO 81612 .*PEN Â· Pm<IN Re: Lot 12 and 12A. Callahan Subdivision Ce,tyl.Nrr: DEVELCPMENT DEPARrÂ·!EXT Dear Mr. Case: In response to your June 12. 1998. lener in which you request a determination on the nature of Lors 12 and 12A of the Callahan Subdivision and for the term --guesthouse" as used in the Subdivision Agreement. I offer the following comments: It appears that Lots 12 and 1-A were plarred as individual lots. However. the Subdivision agreemen[ specifically refers to these lors as ''collectively designated as a single family lot." Lots 12 and 124 are one lor for the purpose of one single family residence. Lot 12A is described in the Subdivision agreement as "the guesthouse for Lot 12." You correctly noted thar the City Land Use Code does not currently, nor did it at the time of ., this subdivision. contain a definition of a "guesthouse. I would suggest. however. thar based on the language contained within the subdivision agreement and tte common understanding of the term -=.uesthouse." two current definitions loosely apply -- Accessory Use or Structure and Accessory DwellingÂ·Unit. The Accessory Use or Structure definitions limits to the guesthouse to being on the same parcel and subordinate in character to the primary use - the principal residence. The .decesson Divelling Unit definition allows the guesthouse to function as a dwelling unit and does not affect the primary use or density of the parcel for a single-family residence. To maintain this guesthouse as accessory to the principal residence, the structure cannot become available for separate sale and shall remain as part of the combined Lot 12 and 12.4. This also prevents condominiumization of the property into separate interests. The eventual developer of Lot 12 should be aware of the need for a Growth Management Allotment for a new home. This normally includes a full review by City Council and competing for yearly development rights. However, the parcel was subdivided prior to the 1977 initial year o f growth management. and may qualify for an exemption from this process provided if the developer either provides an Accessory Dwelling Unit. deed 130 SOUTH GALINA STREET ASPEN. COLORADO 81611-1973 Â· PHONE 07).920.3090 F,x 970.9.0.3439 restricts the principal residence to affordable housing guidelines, or provides a payment- in-lieu based on the newly constructed square footage. - The existing guesthouse may be 'converted' to an Accessory Dwelling Unit for this purpose with Conditional Use approval. A staff member of the City Planning Department may elaborate on this process at your request. Please let me know if I can be of further assistance. Ver'y truly yours, Stan Clauson. ASLA. AICP Community Development Director City of Aspen cc: John Worcester, City Attorney ' 11 1 lili '11,11, NOTICE OF APPROVAL TO: Julie Ann Woods, Community Development Director FROM: Nick Lelack, Planner RE: Callahan Subdivision and Planned Unit Development Agreement Insubstantial Amendment for Lots 12 and 12A. DATE: September 1, 2000 SUMMARY: On behalf of Barbara Fleck (Applicant), Alice Davis of Davis Horn Inc. has applied for an Insubstantial Amendment to the Callahan Subdivision and Planned Unit Development (PUD) Agreement (Agreement). The Agreement between the City of Aspen and Benedict Land & Cattle Company, Frederick Benedict and Fabienne Benedict, and Robert S. Goldsamt, was signed by all parties on May 13, 1976. i The purpose of the amendment is to clarify the intent and purpose of item 1G of the Agreement, which states: "Lots 12 and 12A are collectively designated as a single family lot. Lot 12A is the guesthouse for Lot 12." The Aspen Land Use Code has changed dramatically over the past 25 years. Several important provisions in the current Code did not exist when this Subdivision and PUD was approved, including floor area for the R-15 Zone District and Residential Design Standards. This amendment is intended to clarify how the current Land Use Code is applied to this parcel, Lots 12 and 12A. I. 0 2 -0 Emedz The Applicant proposes the following amendment to 1G: -i.u iM - a. "Lots 12 and 12A of the Callahan Subdivision/PUD are collectively designated as a single family lot with the following restrictions and clarifications: r, -MZ 1. Lot 12A is the guesthouse for Lot 12. ..006 00 2. Lots 12 and 12A must always be sold together as one lot and can 5232 o never be sold separately. SE:Â® .-4 0 1 , 1.j 'j Jlk j 11:JI'll 3. The home on Lot 12 can contain no more than 6,731 square feet of floor area. The guesthouse can contain no more than 2,550 square feet of floor area. This allowed floor area for each use was determined using the current (2000) City of Aspen definition for how floor area is calculated. Any future changes to how floor area is calculated shall not impact the maximum allowed floor area for these two uses, the single family home and the guesthouse. 4. Both homes will be built within their respective building envelopes designated on Page 3 of the Callahan Subdivision Development Plan. 5. Lots 12 and 12A will be considered as one lot for the purposes of applying the Secondary Mass Design Review Standard. The guesthouse can serve as the secondary mass element for the main residence. 6. There is no guesthouse definition in the City of Aspen Land Use Regulations. The only existing limitation on the guesthouse is that it cannot be sold separately from the main residence. ' 4 7. An Accessory Dwelling Unit (ADU) can be located within the guesthouse." Staff believes the proposed amendment meets the review criteria for an insubstantial amendment, but proposes the following changes. Staff proposes deleting 6. and replacing the provision with the following language: 1. All provisions of the City of Aspen's Land Use Code shall be applied to Lots 12 and 12A as one parcel, unless otherwise stated in this amendment. Community Development staff recommends approval of the Insubstantial Amendment to the Callahan Subdivision/PUD, with the following changes described above. =&2 =AS 088% APPLICANT: Barbara Fleck E~Â®st REPRESENTATIVE: Alice Davis, Davis Horn, Inc. MmeÂ® ~S G LOCATION: Callahan Subdivision/PUD Lots 12 and 12A === 0 ZONING: R-15 aBs - t- 0 ==:N 2 17 111 1 ~iki' ~3 lul ii"illit ill ilill I 11 IA80 30I 00 ALNnOO NI>ILId Il , ill I '104'1 COMMUNITY DEVELOPMENT DIRECTOR DECISION The Community Development Director finds the Insubstantial Planned Unit Development Amendments to the Callahan Subdivision/PUD and to be consistent with the review criteria, and hereby approves the following amendments to the Callahan Subdivision and Development Agreement 1G: "Lots 12 and 12A of the Callahan Subdivision/PUD are collectively designated as a single family lot with the following restrictions and clarifications: 1) Lot 12A is the guesthouse for Lot 12. 2) Lots 12 and 12A must always be sold together as one lot and can never be sold separately. 3) The home on Lot 12 can contain no more than 6,731 square feet of floor area. The guesthouse can contain no more than 2,550 square feet of floor area. This allowed floor area for each use was determined using the current (2000) City of Aspen definition for how floor area is calculated. Any future changes to how floor area is calculated shall not impact the maximum allowed floor area these two uses, the single family home and the guesthouse. 4) Both homes will be built within their respective building envelopes designated on Page 3 of the Callahan Subdivision Development Plan. 5) An Accessory Dwelling Unit (ADU) can be located within the guesthouse." 6) All provisions of the City of Aspen's Land Use Code shall be applied to Lots 12 and 12A as one parcel, unless otherwise stated in this amendment. 7) Lots 12 and 12A will be considered as one lot for the purposes of applying the Secondary Mass Design Review Standard. The 00 ZÂ® guesthouse can serve as the secondary mass element for the main residence. 19 Z 00 0 61 e The conditions of approval shall be: 1. This amendment shall be recorded within 180 days of this approval. No permits will be issued for Lot 12 until the recordation is completed. 2. All prior City of Aspen approvals for the Callahan Subdivision and Planned Unit Development shall remain in full force and effect. 3 1 Ill Â·I Ill I E '. ~11'1'6~ Eli~*IMill:Irl al:LULIsil'Ull~ ITKIN COUNTY CO 11 1 1 Ill I, liÂ· All â€ž p i I Attachments: Exhibit A - Application Packet APPROVED BY: DATEÂ· APPROVED C ./u,-8,- Aja..~Â·~b il 26lie Ann Woods u r:04(1 Fommunity Development Director OOMMUNITY DE,2. j:h:cNIDIMEG CITYOFASPEN 1/OR WE HEREBY ACKNOWLEDGE AND AGREE TO THE TERMS OF THIS APPROVAL: Culd. ~-CU,4.1 ; 1 4..1. 1 Alice Davis, Davis Horn, Inc., representing Barbara Fleck 91% 13000 Date 1111111111111111111111111111111111111111111111111111111 447163 09/20/2000 08:33A NOTICE DAVIS SILVI 4 of 6 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO 4 11Â· lilli I ' REVIEW CRITERIA & STAFF FINDINGS 26.445.100 Amendment of PUD development order. A. PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. Staff Finding This amendment does not change the use or character of the allowed development on Lots 12 and 12A; rather, it clarifies the development potential for the parcel. The approved use and character of the development is low density residential with a house on Lot 12 and a guesthouse for Lot 12 on Lot 12A. 2. An increase by greater than three (3) percent in the ,. overall coverage of structures on the land. 9 Staff Finding Building envelopes have previously been established for Lots 12 and 12A. This amendment does not in any way change the approved building envelopes or overall coverage of structures on the land. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the 8 demand for public facilities. E~ i Staff Finding The proposed amendment will not increase trip generation rates. 4. A reduction by greater than three (3) percent of the approved open space. Staff Finding Open space would not be reduced by the amendment. 5. A reduction by greater than one (1) percent of the off- street parking and loading space. 5 ' ~1!Ill 91%5"pliw 1 UL'll L ' il ;1 1,1 li J P * Staff Finding Off-street parking spaces would not be impacted by this amendment. 6. A reduction in required pavement widths or rights-of-way for streets and easements. Staff Finding No reduction in required pavement widths or rights-of-way for streets would be impacted by the proposals. 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. Staff Finding This amendment concerns a residential use. Therefore, this standard is not applicable. 8. An increase by greater than one (1) percent in the approved residential density of the development. 9 Staff Finding Residential densities are not proposed to be changed. Allowing an Accessory Dwelling Unit (ADU) in the guesthouse does not change the allowed density, but ADUs are not considered units of density. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. Staff Finding Staff believes the changes are consistent with the approved Callahan Subdivision/Planned Unit Development. 1111111 lilli 111111111111 lilli lilli lilli 11111111 lili lilli 447163 09/20/2000 08:33A NOTICE DAVIS SILVI 6 of 6 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO 6 EXHIBIT Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Property Barbara Fleck and Aaron Fleck Phone No.: (970) 925-8515 owner ("11: Email: aaronfleck@comcast. net Address of 1449 Crystal Lake Drive, Aspen Billing 1449 Crystal Lake Road =2 Property: Address: Aspen, CO 81611 (subject of (send bills here) r- % application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use ~tions and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ flat fee for . $ flat fee for $ flat fee for . $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. 1 understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 4,550 deposit for 14 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at ~Der hour. 99 City of Aspen: Property Owner: 9 clk_ 64&510*7-)&Â· 4.--- :'97 , Jessica Garrow Barbara FlecldAaron Fleck Community Development Director City Use: Fees Due: $ Received: $ Atorch. 2016 City of.Aspen I 130 S. Galena St. I (970) 920-5050 CITY OF ASPE MAR 1 5 2017 RECEIVED