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HomeMy WebLinkAboutcoa.lu.ec.807 McSkimming Rd.0022.2007.ASLU807 KCSKIMING 0022.2007.ASLU 273717201004 LOT LINE ADJ E cl File Edit Record Navigate Form Reports Format Tab Help �uti►X►T ►J44'a 416J H r 2umpI ti Main Custom Fields Fees Actions Parcels Routing Status Fee Summary Routing History Attachments SP- --— c Permit Type aslu Aspen Land Use Permit # 0022.2007.ASLU Address 807 MCSKIMMING RD 21 Apt/Suite 0 City F SPEN State CO Zip 81611 x Permit Information 0 to Master Permit Rrnski— r7, Pue aslu07 nppee.+ 04r11h007 QProject Status pending Approved J o — DescriptionLOT LINE ADJUSTMENT -ASPEN GROVE SUBDIVISION Issued j Final F—J Submitted EBEN P CLARK 925-870D Clock Running Days 10 Expires 9117 Owner Last Name FIR First Name WARREN 595 S BROADWAY Phone I. ) IDENVER CO 80209 OwnerlsApplicant? Applicant Last Name FIR I Fist Name WARREN 595 S BROADWAY Phone [ J Cust 27642 DENVER CO 80209 Lender Last Name j First Name i Phone AspenGold(b) Record: 23 of 24 0 0 KLEIN, COTE & EDWARDS, LLC ATTORNEYS AT LAW HERBERT S. KLEIN hsk@kcelaw.net LANCE R. COTt, PC* Irc@kcelaw.net JOSEPH E. EDWARDS, III, PC jee@kcelaw.net EBEN P. CLARK epc@kcelaw.net MADHU B. KRISHNAMURTI mbk@kcelaw.net ' also admitted in California April 10, 2007 Mr. Chris Bendon Community Development Director City of Aspen 130 S. Galena Street, 3rd Floor Aspen, CO 81611 201 NORTH MILL STREET, STE. 203 ASPEN, COLORADO 81611 TELEPHONE: (970) 925-8700 FACSRAILE: (970) 925-3977 RE: Lot Line Adjustment Application - Lots 14 & 15, Block 3, Aspen Grove Subdivision Dear Chris: This letter contains the required information for the above application, and is the written description of the proposal and explanation of how the proposal complies with the Aspen Land Use Code requirements. The Applicants request an adjustment of the lot line between these two adjoining lots. The proposed lot line adjustment will not change the land area of either parcel. The joint applicants are Warren Fir, LLC and David Fir, LLC with regard to Lot 14, and Warren Redwood, LLC and David Redwood, LLC, with regard to Lot 15 (collectively "Applicants"). Applicants are all Colorado limited liability companies with an address of 595 S. Broadway #200, Denver Colorado 80209. Our firm is authorized to act on Applicants' behalf with regard to the Property and this application. Copies of the letters authorizing our representation are attached as Exhibits A and B. Please direct all correspondence with Applicants to our firm and to my attention. The subject property is located on McSkimming Rd. in the Aspen Grove Subdivision within the City of Aspen. The parcels are identified by parcel numbers 273717201004 (Lot 14) and 273 718 10 1001 (Lot 15), and the legal description is: Lots 14 & 15, Block 3, Aspen Grove Subdivision, City of Aspen, Pitkin County, Colorado. By this letter, our firm certifies Warren Fir, LLC and David Fir, LLC are the fee owners of Lot 14, and Warren Redwood, LLC and David Redwood, LLC, are the fee owners of Lot 15. Copies of the vesting deeds are attached. The purpose of the current request is: RFCENED 1. To create a useable building area in the southern area of Lot 14; and APR 1 0 2007 AWEN �VLDtNG DEPARTMENT Chris Bendon City of Aspen, Community Development Director April 10, 2007 Page 2 of 3 2. To add a parking easement on Lot 15 for the benefit of Lot 14. The physical constraints on both Lots make this adjustment necessary. First, due to steep slopes on the south side of Lot 15, access to that lot from its southwest boundary on McSkimming Rd. is not practicable. Second, the building area on Lot 14 that would be facilitated by the requested adjustment is a better, flatter building site than others on the Lot. Third, the City has determined that the front yard set back will be measured from southernmost point on Lot 14. This determination restricts the available space between the front yard set back and a utility easement that prevents the placement of the home in the southeast corner of Lot 14. The requested lot line adjustment would relieve this constraint. Pursuant to Section 26.480.030 of the Aspen Land Use Code, lot line adjustments are exempt from subdivision review if they meet certain criteria. A lot line adjustment is an administrative review by the Community Development Director. Section 26.480.040(A) provides that, after an application for a lot line adjustment has been determined complete by the Community Development Director, the Director shall approve, approve with conditions, or deny the application. Section 26.480.030 states: An adjustment of a lot line between contiguous lots [is exempt] if all the following conditions are met: a. It is demonstrated that the request is to correct an engineering or surveying error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels; and b. All landowners whose lot lines are being adjusted shall provide written consent to the application; and c. The corrected plat will meet the standards of this chapter, and conform to the requirements of this title, including the dimensional requirements of the zone district in which the lots are located, except in cases of an existing nonconforming lot, in which the adjustment shall not increase the nonconformity of the lot. The plat shall be submitted and recorded in the office of the Pitkin County Clerk and Recorder. Failure to record the plat within a period of one hundred eighty (180) days following approval shall render the plat invalid and reconsideration of the plat by the Community Development Director will be required before its acceptance and recording; and d. It is demonstrated that the lot line adjustment will not affect the development rights, including any increase in FAR or permitted density of the affected lots by providing the opportunity to create a new lot for resale or development. A plat note will be added to the corrected plat indicating the purpose of the lot line adjustment and the recognition that no additional FAR will be allowed with the adjustment. The present application meets each of the above criteria. Each section is addressed below: Chris Bendon 0 0 City of Aspen, Community Development Director April 10, 2007 Page 3 of 3 a. The present application is to permit an insubstantial boundary change between two adjacent parcels. The request is that the two adjacent owners be permitted to exchange a small portion of each of their parcels along a common boundary. This is demonstrated by the attached plat. The portions to be exchanged are of equal size. Therefore, the adjustment is an insubstantial boundary change between adjacent parcels, and does not affect the size of the lots, any develop rights, , access or any other significant aspect of the lots. b. Both landowners whose lot lines are being adjusted have provided their consent to this application, and that consent it demonstrated by the attached letters. c. The proposed revised plat is attached to the application and meets all standards of the Aspen Land Use Code, including the dimensional requirements of the zone district in which the lots are located. Both lots are existing conforming lots and the adjustment does not render either lot non -conforming. The plat will be submitted and recorded in the office of the Pitkin County Clerk and Recorder after approval. d. The lot line adjustment will not affect the development rights, including any increase in FAR or permitted density of the affected lots, and will not create a new lot for resale or development. A plat note has been included on the revised plat indicating the purpose of the lot line adjustment and stating that no additional FAR will be allowed by reason of the adjustment. Based on the foregoing, this application meets all of the requirements of the Aspen Land Use Code, and is an insubstantial modification of a boundary between to adjacent lots. Therefore, Applicants request that the Director grant the requested lot line adjustment. If you have any questions, or you require any additional information, please do not hesitate to contact me. Thank you for your consideration. Sincerely, KLEIN, COTE & EDWARDS, LLC By: Eben P. Clark lot line adjusmtent Application Lir 04-10-07 final EXHIBIT #_A City of Aspen, Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: ASPEN GROVE SUBDIVISION LOTS 14 & 15 LOT LINE ADJUSTMENT APPLICATION To Whom It May Concern: Warren Fir, LLC and David Fir, LLC are the owners of fee title to Lot 14, Block 3, Aspen Grove Subdivision, City of Aspen, Colorado (the "Property"), as cotenants. Warren Fir, LLC and David Fir, LLC do hereby authorize Klein, Cot6 & Edwards, LLC to act as our designated representative with respect to any land use applications submitted to your office concerning the Property. Eben P. Clark, Esq. is authorized to submit such land use applications and other materials as he shall deem appropriate concerning the Property, including the current lot line adjustment application. Further, he is authorized to represent us in any meetings or hearings with City of Aspen staff and before the City of Aspen's decision -making bodies. Should you have any need to contact us during the course of your review of this application, please do so through Klein, Cot6 & Edwards, LLC. Sincerely, company company • • EXHIBIT #'9 City of Aspen, Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: ASPEN GROVE SUBDIVISION LOTS 14 & 15 LOT LINE ADJUSTMENT APPLICATION To Whom It May Concern: Warren Redwood, LLC and David Redwood, LLC are the owners of fee title to Lot 15, Block 3, Aspen Grove Subdivision, City of Aspen, Colorado (the "Property") as cotenants. Warren Redwood, LLC and David Redwood, LLC do hereby authorize Klein, Cote & Edwards, LLC to act as our designated representative with respect to any land use applications submitted to your office concerning the Property. Eben P. Clark, Esq. is authorized to submit such land use applications and other materials as he shall deem appropriate concerning the Property, including the current lot line adjustment application. Further, he is authorized to represent us in any meetings or hearings with City of Aspen staff and before the City of Aspen's decision -making bodies. Should you have any need to contact us during the course of your review of this application, please do so through Klein, Cote & Edwards, LLC. Sincerely, WARRIU REDWO a Colorabo limitd li By: VavhloA. GAPtz, DAVID +DW I�/p a Colora limit j��jj it om any By: l6avid A. Gitlitz, • ley OF ASPEN fsti r CITY OF HSPEN WRETT PAID HRETT PAI[ % DATE REP NO. DATE REP NO , U !={!� 2 / c SPECIAL WARRANTY DEED THIS DEED, Made September 21, 2004 between THE JONES FAMILY PARTNERSHIP, LLLP of the County of ARAPAHOE and State of CO, of the first part, GRANTOR and WARREN REDWOOD LLC, A COLORADO LIMITED LIABILITY COMPANY AND DAVID REDWOOD LLC, A COLORADO LIMITED LIABILITY COMPANY whose legal address is: 565 So. Broadway, Suite 200, Denver, Co 80209 of the County of DENVER State of Co, of the second part, GRANTEE WITNESSETH, That the said parties of the first part, for and in consideration of the sum of Ten dollars and other good and valuable considerations, to the said parties of the first part, in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, its successors and assigns forever, all the following described lots or parcel of land, situate, lying and being in the County of PITKIN and State of COLORADO, to wit: LOT 15, BLOCK 3, ASPEN GROVE SUBDIVISION, according to the Plat thereof recorded in Ditch Book 2A at Page 291. Together with all and singular the hereditaments and appurtenances there -unto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, its successors and assigns forever. And the said parties of the first part for themselves, their heirs and assigns do covenant, grant, bargain and agree to and with the said parties of the second part, their CMsuccessors and assigns, the above bargained premises in the quiet and peaceable possession of said parties of the second part, its successors and assigns, against all and every person or persons lawfully claiming or to claim N the whole or any part thereof, by through or under the said parties of the first part to WARRANT AND FOREVER DEFEND. The singular shall include the plural, the plural the singular, and the use of gender shall be applicable to C=11 all genders. W } L" IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hand(s) and seal(s). z 4 F-- Q SIGNATURES ON PAGE 2 � w !ra 5©2175 Nz I II 099/21/2004 02:041 I Lo� SILVIA DAVIS PITKIN COUNTY CO R 11.00 D 86.67 1 RETURN TO PRKIN COUNTY TITLE INC. 801 E. HOPKINS AVE. ASPEN, CO 81611 502 Page: 2 of 2 SILVIA DAVIS PITKIN COUNTY CO R 11.00 9/21004 D286.672.04{ PAGE 2 TO SPECIAL WARRANTY DEED SIGNATURE PAGE THE JONES FAMILY PARTNERSHIP, LLLP V1b Cllr__r Olivia Jones J r y ar er Trustees of the Olivia Jones Revocable Trust u/a/d Decem er 24, 2003, General Partner STATE OF eacrf AV6 JJ COUNTY OF Z1'VEF ) The1�>>regoing instrumeQj was acknowledged before me this /710� day of (74C�t. , 2001 By: THE JONES FAMILY PARTNERSHIP, LLLP, By: Olivia Jones and Jeffrey Barker, Trustees of the Olivia Jones Revocable Trust u/a/d December 24, 2003, General Partner. WITNESS my hand and official seal / Notary Public my commission ex ires: 7- 28 -•C6 ����►RY• PUS` tPAMELA S. i DuFAULT PCT188 : O • lITY DF ASPEN `> $�o• �D CITY OF A8PIi9N HRETT PAID WRETT PAJD DATE REP NO. DATE REP NO: ij' y '/6L'// .ji a fftl�_ T �C 7 SPECIAL WARRANTY DEED THIS DEED, Made September 21, 2004 N N m between THE JONES FAMILY PARTNERSHIP, LLLP r- ° m co '" N of the County of ARAPAHOE and State of CO, o of the first part, GRANTOR and WARREN FIR LLC, A COLORADO LIMITED LIABILITY Ii m COMPANY AND DAVID FIR LLC, A COLORADO LIMITED LIABILITY COMPANY m ,hnQa IPnal artrtrecc io• rOF Q— Q....,.J,...,., 0-4—nnn ....--- .—y•-.. ........ ...... w. v—v vv. v.vuvvvotr, VUIlri -VV, LlGIIVGI, loV OULUy of the County of DENVER State of Co, of the second part, GRANTEE WITNESSETH, That the said parties of the first part, for and in consideration of the sum of Ten dollars and other good and valuable considerations, to the said parties of the first part, in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second Y part, its successors and assigns forever, all the following described lots or parcel of land, situate, lying and being ii in the County of PITKIN and State of COLORADO, to wit: maw LOT 14, BLOCK 3, ASPEN GROVE SUBDIVISION, according to the Plat thereof recorded in Ditch Book 2A at Page 291. Together with all and singular the hereditaments and appurtenances there -unto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, its successors and assigns forever. And the said parties of the first part for themselves, their heirs and assigns do covenant, grant, bargain and agree to and with the said parties of the second part, their successors and assigns, the above bargained premises in the quiet and peaceable possession of said parties of the second part, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by through or under the said parties of the first part to WARRANT AND FOREVER DEFEND. The singular shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hand(s) and seal(s). SIGNATURES ON PAGE 2 502171 TRANSFER DECLARATION RECEIVED 09/21/2004 RETURN TO PrI IN COUNTY TITLE I;\: C. 801 E. HOPKINS AVE. ASPEN, CO 81611 • 02171 Page: 2 of 2 09/21/2004 01:581 SILVIA DAVIS PITKIN COUNTY CO R 11.00 0 86.67 PAGE 2 TO SPECIAL WARRANTY DEED SIGNATURE PAGE THE JONES FAMILY PARTNERSHIP, LLLP VDn f . O i to Jones Je B rk Trustees of the Olivia Jones Revocable Trust u/a/d Dece ber 24, 204, General Partner STATE OF dOLCRADC COUNTY OF ZPJJVE? ) The.�P regoing instrument was acknowledged before me this 1 "77& day of CJE/1T , 20C4 By: THE JONES FAMILY PARTNERSHIP, LLLP, By: Olivia Jones and Jeffrey Barker, Trustees of the Olivia Jones Revocable Trust u/a/d December 24, 2003, General Partner. WITNESS my hand and official seal my commission 7 26 -C* PAMELA S i. DUFAULT k PCT 1885801 Notary Public 0 C ATTACHMENT 2 —LAND USE APPLICATION Name: Warren Fir, LLC.; David Fir, LLC; Warren Redwood, LLC.; David Redwood, LLC. Location: Lots 14 & 15; Block 3; Aspen Grove Sub division Aspen, Colorado (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 2 -�-3 7-13- l od L�t 1 `l Z 13 l of o o " t c� S REPRESENTATIVE: Name: Eben P. Clark — Klien, Cote & Edwards, LLC Address: 201 North Mill, Suite 203, Aspen, Co 81611 Phone #: 970-925-8700 PROJECT: Name: N/A Address: Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Special Review ❑ Design Review Appeal ❑ GMQS Allotment ❑ GMQS Exemption ❑ ESA — 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ❑ Conceptual PUD ❑ Final PUD (& PUD Amendment) ❑ Conceptual SPA ❑ Final SPA (& SPA Amendment) ❑ Subdivision ❑ Subdivision Exemption (includes condominiumization) ❑ Conceptual Historic Devt. ❑ Final Historic Development ❑ Minor Historic Devt. ❑ Historic Demolition ❑ Historic Designation ❑ Small Lodge Conversion/ Expansion ❑ Lot Split ❑ Temporary Use ❑ Other: QK Lot Line Adjustment ❑ Text/Map Amendment 41XISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Two adjacent vacant lots PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Please see attached letter — Lot Line Adjustment Have you attached the following? FEES DUE: $ 705 ❑ Pre -Application Conference Summary N, ok- Attachment #l, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form 01A- X Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" X 11" must be folded and a floppy disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. RETAIN FOR PERMANENT RECORD CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT AUeement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Warren Fir, LLC; David Fir, LLC; Warren Redwood, LLC; (hereinafter APPLICANT) AGREE AS FOLLOWS: and David Redwood, LLC APPLICANT has submitted to CITY an application for Lot Line Adiustment (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 48 (Series of 2006) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 705.00 which is for _ hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post ap oval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be m 'thin 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall unds for suspe on of processing, and in no case will building permits be issued until all costs associated case protsing have been paid. CITY OF ASPEN APPLICANT By: Chris Bendon Community Development Director Date: 4/10/07 Billing Address and Telephone Number: Required 595 S. Broadway, Suite 200 Denver, CO 80209 C:\Documents and Settings\johannahr\Desktop\LUFeeAgree.doc RETAW FOR PERMA14EWT RECT& \ 132.01 WATER TANK LID wv 1 O • & CONTROL BOX N \ _ W� WV c 3.66' J r » --- 1 71.47 M 330.04 PREVIOUS LOT LINE ound Rebar w/Cap, � �j _ � �n p �-�,'� (l l— 12,1555 L.S. #28643 \ iVLh`(' (uJ� L O AQ • ^ n 3.83'00 ✓� \� PARKING EASEMENT O r FOR THE BENEFI OF LOT 14 �, \ N +tA PROPERTY DESCRIPTIONl, \ �"1 LOTS 14 & 15 FCT10N�$ nd. B.L.M. Brass Cap \ BLOCK 3 CT10N Corner No. 5, Highland Placer M.S. 120 cocni nnnw it , iE A.,. ur V��VVL JVDUIVIJIUIV a� s_ a) CD 0 V) 0 m 0 Fnd. Rebar w/Cap L.S. #20151 \ ACCORDING TO THE PLAT THEREOF \ RECORDED IN DITCH BOOK 2A AT PAGE 246. LOT 15 /Tc\F�o � u�.�•�, fc� G,S `��' '��o\ 2.137 acres' \F / 93,103 sq. ft. ' \ 1 t S 20.0' UTILITY EASEMENT EXISTING CONDITIONS LEGEND 0 SEWER CLEANOUT {�• wv el�Q WATER VALVE 'F I SQ SEWER MANHOLE I � `/�,(,� (N' WATER HYDRANT 0 SET REBAR & CAP, L.S. 28643 , _ I� �i FOUND MONUMENT, AS DESCRIBED f N 08.56'00 j nd. B.L.M. Brass Cap Corner No. 6, Highland Placer M.S. #6120AM l� LVO� Found Rebar w/Cap crj L.S. #20151 n7 ( r Benchmark U ` 1 J �'�/ Elevation = 8186.33' ./ v►'(q } S e ll-- f E 299.67' (Deed) ✓ 299.63' (Field) PARCEL 2 • Found Rebar w/Cap, L.S. #28643 Found Rebar w/Aluminum Cap, Stamped '15/14/9" 126.90' /'1 Tl A Tl T T T f-1 C'/ t-1 ♦ T, • ' " \ 132.01 WATER TANK LID I & CONTROL BOX i I 1 \ p• wv co i 3.66' • Found Rebar w/Cop, � L.S. #28643 PRIEMJ *0,9,0q"w 1 71 .47 � 3300.04 PREVIOUS LOT LINE ound Rebar w/Cap, L.S. #28643 \ �/ I n�•.�� -� Yv�-"� Ck r ��' Found Rebar w/Aluminum Cap, (.0l (uX �,� I _ , Vy�-� 3.83' ' ' o Stamped "15/14/9" �w�'''�—✓' ' / s 11•08'09" w 126.90' p per` . J , ,�,� �Pt*-c./ / N / �� tf') \ r � PARKING EASEMENT FOR THE NUB�ENEFI OF LOT 14 \ ` �i�l to �-t.. �� T �`C '�►'` Y� _j\-�' � � I PROPERTY DESCRIPTION .. 0) C 0 a� m 0 0 m O O O / \ �' T i LOTS 14 & 15 �DLt r!C►� �,� `a, \ \ o ` nd. B.L.M. Brass Cap BLOCK 3 \9 Corner No. 5, Highland Placer M.S. #6120 ASPEN GROVE SUBDIVISION, \ACCORDING TO THE PLAT THEREOF ` RECORDED IN DITCH BOOK 2A AT PAGE 246. \ \ Qy LOT 15 \���� yC,�•I�. f '��� .� 2.137 acres \ 93,103 sq. ft. \ S \ 20.0' UTILITY _f EASEMENT / EXISTING CONDITIONS LEGEND ✓ \ 0 SEWER CLEANOUT wv pQ WATER VALVE Q SEWER MANHOLE WATER HYDRANT Y `✓Q �� l� V►w' V 0 SET REBAR & CAP, L.S. 28643 Qi FOUND MONUMENT, AS DESCRIBED `"� ` ✓ p Fnd. Rebar w/Cap L.S. #20151 N 08.56'00" E 299.67' (Deed) `0 j nd. B.L.M. Brass Cap Comer No. 6, Highland Placer M.S. #6120AM PARCEL 2 V"' L� Found Rebar w/Cap h L.S. #20151 r _ • Benchmark U Elevation = 8186.33' v,Lq + 5►� f [,-} 299.63' (Field) ro 4p .In RTH ►n7 [4; IdrrOY Sam I - ParArpin Grove <Top -most layer> Location: j z,636,73U. 703 1,495,701-480 FEW Fleld YA. FID 3550 Shape Polygon AREA 54102.865164 PERIMETER 1143.079927 NAME Aspen Grove FILING BLOCK 3 M1LLT_ID TYPE va EXEMPT PARCEL 273717201OG4 ACCOLINTNO R004171 5UBNAME ASPEN GROVE OWNERNAME FIR WARREN LLC ADDRESSI FIR DAVID LLC ADDRES52 595 5 BROADWAY *200 CITY DENVER STATE CO ZIPCODE 80209 STREETNO STREETDIR STREETNAME MC5KIMMING 5TREETSUF RD STREETALP LOT_1 14 ANDTFRU ANDLOT BLOCK_l 3 REMARK IMPORVECD VACANTCD 0100 ASSESSVAL 348000 ACTVAL 1200000 IMPACT 0 GIS_LOT .dentiled I featwe KLEIN, COTE & EDWARDS, LLC I ATTORNEYS AT LAW HERBERT S. KLEIN hsk@kcelaw.net LANCE R. COTE, PC* lrc@kcelaw.net JOSEPH E. EDWARDS, III, PC jee@kcelaw.net EBEN P. CLARK epc@kcelaw.net MADHU B. KRISHNAMURTI mbk@kcelaw.net • also admitted in Califomia April 10, 2007 Mr. Chris Bendon Community Development Director City of Aspen 130 S. Galena Street, 3rd Floor Aspen, CO 81611 201 NORTH MILL STREET, STE. 203 ASPEN, COLORADO 81611 TELEPHONE: (970) 925-8700 FACSEMILE: (970) 925-3977 RE: Lot Line Adjustment Application - Lots 14 & 15, Block 3, Aspen Grove Subdivision Dear Chris: This letter contains the required information for the above application, and is the written description of the proposal and explanation of how the proposal complies with the Aspen Land Use Code requirements. The Applicants request an adjustment of the lot line between these two adjoining lots. The proposed lot line adjustment will not change the land area of either parcel. The joint applicants are Warren Fir, LLC and David Fir, LLC with regard to Lot 14, and Warren Redwood, LLC and David Redwood, LLC, with regard to Lot 15 (collectively "Applicants"). Applicants are all Colorado limited liability companies with an address of 595 S. Broadway #200, Denver Colorado 80209. Our firm is authorized to act on Applicants' behalf with regard to the Property and this application. Copies of the letters authorizing our representation are attached as Exhibits A and B. Please direct all correspondence with Applicants to our firm and to my attention. The subject property is located on McSkimming Rd. in the Aspen Grove Subdivision within the City of Aspen. The parcels are identified by parcel numbers 273717201004 (Lot 14) and 273718101001 (Lot 15), and the legal description is: Lots 14 & 15, Block 3, Aspen Grove Subdivision, City of Aspen, Pitkin County, Colorado. By this letter, our firm certifies Warren Fir, LLC and David Fir, LLC are the fee owners of Lot 14, and Warren Redwood, LLC and David Redwood, LLC, are the fee owners of Lot 15. Copies of the vesting deeds are attached. The purpose of the current request is: 1. To create a useable building area in the southern area of Lot 14; and RECEIVED APR - n 2007 E'EN KUNG DEPARTMENT Chris Bendon City of Aspen, Community Development Director April 10, 2007 Page 2 of 3 2. To add a parking easement on Lot 15 for the benefit of Lot 14. The physical constraints on both Lots make this adjustment necessary. First, due to steep slopes on the south side of Lot 15, access to that lot from its southwest boundary on McSkimming Rd. is not practicable. Second, the building area on Lot 14 that would be facilitated by the requested adjustment is a better, flatter building site than others on the Lot. Third, the City has determined that the front yard set back will be measured from southernmost point on Lot 14. This determination restricts the available space between the front yard set back and a utility easement that prevents the placement of the home in the southeast corner of Lot 14. The requested lot line adjustment would relieve this constraint. Pursuant to Section 26.480.030 of the Aspen Land Use Code, lot line adjustments are exempt from subdivision review if they meet certain criteria. A lot line adjustment is an administrative review by the Community Development Director. Section 26.480.040(A) provides that, after an application for a lot line adjustment has been determined complete by the Community Development Director, the Director shall approve, approve with conditions, or deny the application. Section 26.480.030 states: An adjustment of a lot line between contiguous lots [is exempt] if all the following conditions are met: a. It is demonstrated that the request is to correct an engineering or surveying error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels; and b. All landowners whose lot lines are being adjusted shall provide written consent to the application; and c. The corrected plat will meet the standards of this chapter, and conform to the requirements of this title, including the dimensional requirements of the zone district in which the lots are located, except in cases of an existing nonconforming lot, in which the adjustment shall not increase the nonconformity of the lot. The plat shall be submitted and recorded in the office of the Pitkin County Clerk and Recorder. Failure to record the plat within a period of one hundred eighty (180) days following approval shall render the plat invalid and reconsideration of the plat by the Community Development Director will be required before its acceptance and recording; and d. It is demonstrated that the lot line adjustment will not affect the development rights, including any increase in FAR or permitted density of the affected lots by providing the opportunity to create a new lot for resale or development. A plat note will be added to the corrected plat indicating the purpose of the lot line adjustment and the recognition that no additional FAR will be allowed with the adjustment. The present application meets each of the above criteria. Each section is addressed below: E Chris Bendon • City of Aspen, Community Development Director April 10, 2007 Page 3 of 3 a. The present application is to permit an insubstantial boundary change between two adjacent parcels. The request is that the two adjacent owners be permitted to exchange a small portion of each of their parcels along a common boundary. This is demonstrated by the attached plat. The portions to be exchanged are of equal size. Therefore, the adjustment is an insubstantial boundary change between adjacent parcels, and does not affect the size of the lots, any develop rights, , access or any other significant aspect of the lots. b. Both landowners whose lot lines are being adjusted have provided their consent to this application, and that consent it demonstrated by the attached letters. c. The proposed revised plat is attached to the application and meets all standards of the Aspen Land Use Code, including the dimensional requirements of the zone district in which the lots are located. Both lots are existing conforming lots and the adjustment does not render either lot non -conforming. The plat will be submitted and recorded in the office of the Pitkin County Clerk and Recorder after approval. d. The lot line adjustment will not affect the development rights, including any increase in FAR or permitted density of the affected lots, and will not create a new lot for resale or development. A plat note has been included on the revised plat indicating the purpose of the lot line adjustment and stating that no additional FAR will be allowed by reason of the adjustment. Based on the foregoing, this application meets all of the requirements of the Aspen Land Use Code, and is an insubstantial modification of a boundary between to adjacent lots. Therefore, Applicants request that the Director grant the requested lot line adjustment. If you have any questions, or you require any additional information, please do not hesitate to contact me. Thank you for your consideration. Sincerely, KLEIN, COTE & EDWARDS, LLC 7 By: t J Eben P. Clark lot line adjusmtent Application Ltr 04-10-07 final • El EXHIBIT #A City of Aspen, Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: ASPEN GROVE SUBDIVISION LOTS 14 & 15 LOT LINE ADJUSTMENT APPLICATION To Whom It May Concern: Warren Fir, LLC and David Fir, LLC are the owners of fee title to Lot 14, Block 3, Aspen Grove Subdivision, City of Aspen, Colorado (the "Property"), as cotenants. Warren Fir, LLC and David Fir, LLC do hereby authorize Klein, Cot6 & Edwards, LLC to act as our designated representative with respect to any land use applications submitted to your office concerning the Property. Eben P. Clark, Esq. is authorized to submit such land use applications and other materials as he shall deem appropriate concerning the Property, including the current lot line adjustment application. Further, he is authorized to represent us in any meetings or hearings with City of Aspen staff and before the City of Aspen's decision -making bodies. Should you have any need to contact us during the course of your review of this application, please do so through Klein, Cot6 & Edwards, LLC. Sincerely, WARRE� FIR, LLC a Colora limited 1 it company By: TFavid DAUFIR, LL� a Co rado limj lia ilit company By: 5av_-iYA'Gitlitz, 0 EXHIBIT #13 City of Aspen, Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: ASPEN GROVE SUBDIVISION LOTS 14 & 15 LOT LINE ADJUSTMENT APPLICATION To Whom It May Concern: Warren Redwood, LLC and David Redwood, LLC are the owners of fee title to Lot 15, Block 3, Aspen Grove Subdivision, City of Aspen, Colorado (the "Property") as cotenants. Warren Redwood, LLC and David Redwood, LLC do hereby authorize Klein, Cot6 & Edwards, LLC to act as our designated representative with respect to any land use applications submitted to your office concerning the Property. Eben P. Clark, Esq. is authorized to submit such land use applications and other materials as he shall deem appropriate concerning the Property, including the current lot line adjustment application. Further, he is authorized to represent us in any meetings or hearings with City of Aspen staff and before the City of Aspen's decision -making bodies. Should you have any need to contact us during the course of your review of this application, please do so through Klein, Cot6 & Edwards, LLC. Sincerely, OCITY OF ASPEN sSj.bq CITY OF ASPENS WRE7T7 PAID HRETT PAID DATE REP NO. DATE REP Nc;r 1;12 ,; (:r/� :;2c % 7 / SPECIAL WARRANTY DEED THIS DEED, Made September 21, 2004 between THE JONES FAMILY PARTNERSHIP, LLLP of the County of ARAPAHOE and State of CO, of the first part, GRANTOR and WARREN REDWOOD LLC, A COLORADO LIMITED LIABILITY COMPANY AND DAVID REDWOOD LLC, A COLORADO LIMITED LIABILITY COMPANY whose legal address is: 565 So. Broadway, Suite 200, Denver, Co 80209 of the County of DENVER State of Co, of the second part, GRANTEE WITNESSETH, That the said parties of the first part, for and in consideration of the sum of Ten dollars and other good and valuable considerations, to the said parties of the first part, in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, its successors and assigns forever, all the following described lots or parcel of land, situate, lying and being in the County of PITKIN and State of COLORADO, to wit: LOT 15, BLOCK 3, ASPEN GROVE SUBDIVISION, according to the Plat thereof recorded in Ditch Book 2A at Page 291. Together with all and singular the hereditaments and appurtenances there -unto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, its successors and assigns forever. And the said parties of the first part for themselves, their heirs and assigns do covenant, grant, bargain and agree to and with the said parties of the second part, their CDsuccessors and assigns, the above bargained premises in the quiet and peaceable possession of said parties of the second part, its successors and assigns, against all and every person or persons lawfully claiming or to claim N the whole or any part thereof, by through or under the said parties of the first part to WARRANT AND FOREVER � DEFEND. The singular shall include the plural, the plural the singular, and the use of gender shall be applicable to o all genders. W L" IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hand(s) and seal(s). w �e z 0 a SIGNATURES ON PAGE 2 Y/W Na 502175 LLA �¢ ILVIA DAVIS PITKIN COUNTY CO R 11.00 D 86.67004 �� S 1 RETURN TO PRKIN COUNTY TITLE INC. 001 E. HOPKINS AVE. ASPEN, CO 81611 50175 09921/2004 02:04 1 SILVIA DAVIS PITKIN COUNTY CO R 11.00 D 86.67 PAGE 2 TO SPECIAL WARRANTY DEED SIGNATURE PAGE THE JONES FAMILY PARTNERSHIP, LLLP (S"J— - Olivia Jones J r y ar er Trustees of the Olivia Jones Revocable Trust u/a/d December 24, 2003, General Partner STATE OF C -CrR ID6 JJ COUNTY OF ZZ-9VF_1R. ) The foregoing instrumen was acknowledged before me this /7� day of (JAe;t. , 2003 By: THE JONES FAMILY PARTNERSHIP, LLLP, By: Olivia Jones and Jeffrey Barker, Trustees of the Olivia Jones Revocable Trust u/a/d December 24, 2003, General Partner. WITNESS my hand and official seal Notary Public my commission ex ires: 7- 28 -� RY. PUB` PAMELA S. DuFAULT PCT188 �F of CITY' OF ASPEN `M1 0 CITY OF ASPEN HRETT PAID WRY PAID DATE REP NO. DATE REP SPECIAL WARRANTY DEED z THIS DEED, Made September 21, 2004 LO between THE JONES FAMILY PARTNERSHIP, LLLP T 0 V . r m co N c of the County of ARAPAHOE and State of CO, a Q+N of the first part, GRANTOR and WARREN FIR LLC, A COLORADO LIMITED LIABILITY a m m COMPANY AND DAVID FIR LLC, A COLORADO LIMITED LIABILITY COMPANY m .. whose legal address is: 595 So. Broadway, Suite 200, Denver, Co 80209 -� of the County of DENVER State of Co, of the second part, GRANTEE WITNESSETH, That the said parties of the first part, for and in consideration of the sum of Ten dollars and other Z good and valuable considerations, to the said parties of the first part, in hand paid by the said parties of the 2 second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and z conveyed and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second Y part, its successors and assigns forever, all the following described lots or parcel of land, situate, lying and being �a in the County of PITKIN and State of COLORADO, to wit: LOT 14, BLOCK 3, ASPEN GROVE SUBDIVISION, according to the Plat thereof recorded in Ditch Book 2A at Page 291. Together with all and singular the hereditaments and appurtenances there -unto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, its successors and assigns forever, And the said parties of the first part for themselves, their heirs and assigns do covenant, grant, bargain and agree to and with the said parties of the second part, their successors and assigns, the above bargained premises in the quiet and peaceable possession of said parties of the second part, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by through or under the said parties of the first part to WARRANT AND FOREVER DEFEND. The singular shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hand(s) and seal(s). SIGNATURES ON PAGE 2 502171 TRANSFER DECLARATION RECEIVED 09/21/2004 RETURN TO PITKIN COUNTY TITLE INC. 801 E. HOPKINS AVE. ASPEN, CO 81611 • 502171 Page: 2 of 2 09/21/2004 01:581 SILVIA DAVIS PITKIN COUNTY CO R 11.00 D 86.67 PAGE 2 TO SPECIAL WARRANTY DEED SIGNATURE PAGE THE JONES FAMILY PARTNERSHIP, LLLP VP� JDnfs 4Lr - - 4 Z � 4 wzx_— O i a Jones Je B rk Trustees of the Olivia Jones Revocable Trust u/a/d Decertber 24, 2041 General Partner STATE OF CuorzApe) ) COUNTY OF EWVF.JZ. The regoing instrument was acknowledged before me this 17� day of �� , 204 By: THE JONES FAMILY PARTNERSHIP, LLLP, By: Olivia Jones and Jeffrey Barker, Trustees of the Olivia Jones Revocable Trust u/a/d December 24, 2003, General Partner. WITNESS my hand and official seal I f Notary Public my commission e 7. ?1� PAMELA S.: DuFAULT 9j, Poo FOf..CID`0 PCT1885801 ATTACHMENT 2 —LAND USE APPLICATION Name: Warren Fir, LLC.; David Fir, LLC; Warren Redwood, LLC.; David Redwood, LLC. Location: Lots 14 & 15; Block 3; Aspen Grove Sub division Aspen, Colorado (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 2:?-3 I . Zo 1 Ode �t l`t 2� 1� la1 0o Cei' �S REPRESENTATIVE: Name: Eben P. Clark — Klien, Cote & Edwards, LLC Address: 201 North Mill, Suite 203, Aspen, Co 81611 Phone #: 970-925-8700 PROJECT: Name: N/A Address: Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, Mountain View Plane condominiumization) Expansion ❑ Lot Split ❑ Temporary Use ❑ Other: CK Lot Line Adjustment ❑ Text/Map Amendment ;XISTING CONDITIONS: (description of existing buildings, uses previous approvals, etc.) Two adjacent vacant lots PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Please see attached letter — Lot Line Adjustment Have you attached the following? FEES DUE: $ 705 ❑ Pre -Application Conference Summary Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form 0 /A- >( Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" X 11" must be folded and a floppy disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. 0 (� ce /f/.rffXx rf //iir// f f/frrf/r r/ 69 r \\\\\%� .a Ln Lo Ln /. Ln rn x 00. = m O _C W in z Sw�� .\ O aao ./ ru r >> a cn /�• c Z \\ O O J \\\\ f/f///f/fI o o /✓'. O r rn 1 \\\\ \\\ r fr%/%f/ffiLL \\\\\\\�; w 0 U ¢ lr ' x w w s \\\\\\\ Q o Q w /l1/fI/i a � o ¢ LL. \ lJf/f Nv us D' A19J" 9 NVIO _/r.. • CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Warren Fir, LLC; David Fir, LLC; Warren Redwood, LLC; (hereinafter APPLICANT) AGREE AS FOLLOWS: and David Redwood, LLC APPLICANT has submitted to CITY an application for Lot Line Adiustment (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 48 (Series of 2006) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 705.00 which is for _ hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be m thin 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall ands for suspe on of processing, and in no case will building permits be issued until all costs associated case proqes4ng have been paid. CITY OF ASPEN APPLICANT By: By: — Chris Bendon Community Development Director Date: 4/10/07 \ Billing Address and Telephone Number: Required 595 S. Broadway, Suite 20C Denver, CO 80209 C:\Documents and Settings\johannahr\Desktop\LUFeeAgree.doc KLEIN, COTE & EDWARDS, LLC ATTORNEYS AT LAW HERBERT S. KLEIN hsk@kcelaw.net LANCE R. COTE, PC' lrc@kcelaw.net kcelaw.net JOSEPH E. EDWARDS, III, PC jee@kcelaw.net EBEN P. CLARK epc@kcelaw.net MADHU B. KRISHNAMURTI mbk@kcelaw.net • also admitted in California April 10, 2007 Mr. Chris Bendon Community Development Director City of Aspen 130 S. Galena Street, 3rd Floor Aspen, CO 81611 201 NORTH MILL STREET, STE. 203 ASPEN, COLORADO 81611 TELEPHONE: (970) 925-8700 FACSMILE: (970) 925-3977 RE: Lot Line Adjustment Application - Lots 14 & 15, Block 3, Aspen Grove Subdivision Dear Chris: This letter contains the required information for the above application, and is the written description of the proposal and explanation of how the proposal complies with the Aspen Land Use Code requirements. The Applicants request an adjustment of the lot line between these two adjoining lots. The proposed lot line adjustment will not change the land area of either parcel. The joint applicants are Warren Fir, LLC and David Fir, LLC with regard to Lot 14, and Warren Redwood, LLC and David Redwood, LLC, with regard to Lot 15 (collectively "Applicants"). Applicants are all Colorado limited liability companies with an address of 595 S. Broadway #200, Denver Colorado 80209. Our firm is authorized to act on Applicants' behalf with regard to the Property and this application. Copies of the letters authorizing our representation are attached as Exhibits A and B. Please direct all correspondence with Applicants to our firm and to my attention. The subject property is located on McSkimming Rd. in the Aspen Grove Subdivision within the City of Aspen. The parcels are identified by parcel numbers 273717201004 (Lot 14) and 273718101001 (Lot 15), and the legal description is: Lots 14 & 15, Block 3, Aspen Grove Subdivision, City of Aspen, Pitkin County, Colorado. By this letter, our firm certifies Warren Fir, LLC and David Fir, LLC are the fee owners of Lot 14, and Warren Redwood, LLC and David Redwood, LLC, are the fee owners of Lot 15. Copies of the vesting deeds are attached. The purpose of the current request is: RECEIVED 1. To create a useable building area in the southern area of Lot 14; and APR l () 2007 ASPEN BUILDING DEPARTMENT Chris Bendon • • City of Aspen, Community Development Director April 10, 2007 Page 2 of 3 2. To add a parking easement on Lot 15 for the benefit of Lot 14. The physical constraints on both Lots make this adjustment necessary. First, due to steep slopes on the south side of Lot 15, access to that lot from its southwest boundary on McSkimming Rd. is not practicable. Second, the building area on Lot 14 that would be facilitated by the requested adjustment is a better, flatter building site than others on the Lot. Third, the City has determined that the front yard set back will be measured from southernmost point on Lot 14. This determination restricts the available space between the front yard set back and a utility easement that prevents the placement of the home in the southeast corner of Lot 14. The requested lot line adjustment would relieve this constraint. Pursuant to Section 26.480.030 of the Aspen Land Use Code, lot line adjustments are exempt from subdivision review if they meet certain criteria. A lot line adjustment is an administrative review by the Community Development Director. Section 26.480.040(A) provides that, after an application for a lot line adjustment has been determined complete by the Community Development Director, the Director shall approve, approve with conditions, or deny the application. Section 26.480.030 states: An adjustment of a lot line between contiguous lots [is exempt] if all the following conditions are met: a. It is demonstrated that the request is to correct an engineering or surveying error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels; and b. All landowners whose lot lines are being adjusted shall provide written consent to the application; and c. The corrected plat will meet the standards of this chapter, and conform to the requirements of this title, including the dimensional requirements of the zone district in which the lots are located, except in cases of an existing nonconforming lot, in which the adjustment shall not increase the nonconformity of the lot. The plat shall be submitted and recorded in the office of the Pitkin County Clerk and Recorder. Failure to record the plat within a period of one hundred eighty (180) days following approval shall render the plat invalid and reconsideration of the plat by the Community Development Director will be required before its acceptance and recording; and d. It is demonstrated that the lot line adjustment will not affect the development rights, including any increase in FAR or permitted density of the affected lots by providing the opportunity to create a new lot for resale or development. A plat note will be added to the corrected plat indicating the purpose of the lot line adjustment and the recognition that no additional FAR will be allowed with the adjustment. The present application meets each of the above criteria. Each section is addressed below: Chris Bendon City of Aspen, Community Development Director April 10, 2007 Page 3 of 3 a. The present application is to permit an insubstantial boundary change between two adjacent parcels. The request is that the two adjacent owners be permitted to exchange a small portion of each of their parcels along a common boundary. This is demonstrated by the attached plat. The portions to be exchanged are of equal size. Therefore, the adjustment is an insubstantial boundary change between adjacent parcels, and does not affect the size of the lots, any develop rights, , access or any other significant aspect of the lots. b. Both landowners whose lot lines are being adjusted have provided their consent to this application, and that consent it demonstrated by the attached letters. c. The proposed revised plat is attached to the application and meets all standards of the Aspen Land Use Code, including the dimensional requirements of the zone district in which the lots are located. Both lots are existing conforming lots and the adjustment does not render either lot non -conforming. The plat will be submitted and recorded in the office of the Pitkin County Clerk and Recorder after approval. d. The lot line adjustment will not affect the development rights, including any increase in FAR or permitted density of the affected lots, and will not create a new lot for resale or development. A plat note has been included on the revised plat indicating the purpose of the lot line adjustment and stating that no additional FAR will be allowed by reason of the adjustment. Based on the foregoing, this application meets all of the requirements of the Aspen Land Use Code, and is an insubstantial modification of a boundary between to adjacent lots. Therefore, Applicants request that the Director grant the requested lot line adjustment. If you have any questions, or you require any additional information, please do not hesitate to contact me. Thank you for your consideration. Sincerely, KLEIN, COTE & EDWARDS, LLC By Eben P. Clark lot line adjusmtent Application Ltr 04-10-07 final • 0 EXHIBIT #_A City of Aspen, Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: ASPEN GROVE SUBDIVISION LOTS 14 & 15 LOT LINE ADJUSTMENT APPLICATION To Whom It May Concern: Warren Fir, LLC and David Fir, LLC are the owners of fee title to Lot 14, Block 3, Aspen Grove Subdivision, City of Aspen, Colorado (the "Property"), as cotenants. Warren Fir, LLC and David Fir, LLC do hereby authorize Klein, Cot6 & Edwards, LLC to act as our designated representative with respect to any land use applications submitted to your office concerning the Property. Eben P. Clark, Esq. is authorized to submit such land use applications and other materials as he shall deem appropriate concerning the Property, including the current lot line adjustment application. Further, he is authorized to represent us in any meetings or hearings with City of Aspen staff and before the City of Aspen's decision -making bodies. Should you have any need to contact us during the course of your review of this application, please do so through Klein, Cot6 & Edwards, LLC. Sincerely, company company 0 • EXHIBIT #_B City of Aspen, Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: ASPEN GROVE SUBDIVISION LOTS 14 & 15 LOT LINE ADJUSTMENT APPLICATION To Whom It May Concern: Warren Redwood, LLC and David Redwood, LLC are the owners of fee title to Lot 15, Block 3, Aspen Grove Subdivision, City of Aspen, Colorado (the "Property") as cotenants. Warren Redwood, LLC and David Redwood, LLC do hereby authorize Klein, Cot6 & Edwards, LLC to act as our designated representative with respect to any land use applications submitted to your office concerning the Property. Eben P. Clark, Esq. is authorized to submit such land use applications and other materials as he shall deem appropriate concerning the Property, including the current lot line adjustment application. Further, he is authorized to represent us in any meetings or hearings with City of Aspen staff and before the City of Aspen's decision -making bodies. Should you have any need to contact us during the course of your review of this application, please do so through Klein, Cot6 & Edwards, LLC. Sincerely, 0 OF ASPEN $S t. b q CITY OF ASPEN WRETT PAID HRETT PAID DATE REP NO. DATE REP NQ �� i; 6"1 P.zl� _�2,, `, % SPECIAL WARRANTY DEED THIS DEED, Made September 21, 2004 between THE JONES FAMILY PARTNERSHIP, LLLP of the County of ARAPAHOE and State of CO, of the first part, GRANTOR and WARREN REDWOOD LLC, A COLORADO LIMITED LIABILITY COMPANY AND DAVID REDWOOD LLC, A COLORADO LIMITED LIABILITY COMPANY whose legal address is: 565 So. Broadway, Suite 200, Denver, Co 80209 of the County of DENVER State of Co, of the second part, GRANTEE WITNESSETH, That the said parties of the first part, for and in consideration of the sum of Ten dollars and other good and valuable considerations, to the said parties of the first part, in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, its successors and assigns forever, all the following described lots or parcel of land, situate, lying and being in the County of PITKIN and State of COLORADO, to wit: LOT 15, BLOCK 3, ASPEN GROVE SUBDIVISION, according to the Plat thereof recorded in Ditch Book 2A at Page 291. Together with all and singular the hereditaments and appurtenances there -unto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, its successors and assigns forever. And the said parties of the first part for themselves, their heirs and assigns do covenant, grant, bargain and agree to and with the said parties of the second part, their m successors and assigns, the above bargained premises in the quiet and peaceable possession of said parties of N the second part, its successors and assigns, against all and every person or persons lawfully claiming or to claim N the whole or any part thereof, by through or under the said parties of the first part to WARRANT AND FOREVER C" DEFEND. The singular shall include the plural, the plural the singular, and the use of gender shall be applicable to C:2 all genders. w U IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hand(s) and seal(s). eke z 0 �I1 M SIGNATURES ON PAGE 2 Y•W �Me 502175 Nz 1111111111111111111111111111111111111111111111111111 09�/21/2004 02:041 �� SILVIA DAVIS PITKIN COUNTY CO R 11,00 D 86.67 1 RETURN TO PRKIN COUNTY TITLE INC. 001 E. HOPKINS AVE. ASPEN, CO 81611 50214 Page: 2 of 2 I 09//21/2004 02:0 4' SILVIA DRVIS PITKIN COUNTY CO R II.00 D 86.67 PAGE 2 TO SPECIAL WARRANTY DEED SIGNATURE PAGE THE JONES FAMILY PARTNERSHIP, LLLP Olivia Jones J r y ar er Trustees of the Olivia Jones Revocable Trust u/a/d Decem er 24, 2003, General Partner STATE OF C.OL.DIRAMO COUNTY OF V&4q&Q- ) The foregoing instrumeQj was acknowledged before me this /71�01 day of . 2001 By: THE JONES FAMILY PARTNERSHIP, LLLP, By: Olivia Jones and Jeffrey Barker, Trustees of the Olivia Jones Revocable Trust u/a/d December 24, 2003, General Partner. WITNESS my hand and official seal Notary Public my commission ex ires: 7- 28 -� O�WRY p�B� PAMELA S. DuFAULT :" PCT188 `:0 rFOF COOQQ *Y OF ASPEN 4 96. 0 CITY OF ASPEN HRETT PAID WRETT PAi0 DATE REP NO. DATE REP /Up J����c'y 11 TAG 7 SPECIAL WARRANTY DEED THIS DEED, Made September 21, 2004 LO N m between THE JONES FAMILY PARTNERSHIP, LLLP ti °moo of the County of ARAPAHOE and State of CO, CD of the first part, GRANTOR and WARREN FIR LLC, A COLORADO LIMITED LIABILITY 1_0a m m COMPANY AND DAVID FIR LLC, A COLORADO LIMITED LIABILITY COMPANY �•� whose legal address is: 595 So. Broadway, Suite 200, Denver, Co 80209 of the County of DENVER State of Co, of the second part, GRANTEE R WITNESSETH, That the said parties of the first part, for and in consideration of the sum of Ten dollars and other good and valuable considerations, to the said parties of the first part, in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and z conveyed and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, its successors and assigns forever, all the following described lots or parcel of land, situate, lying and being a in the County of PITKIN and State of COLORADO, to wit: �• LOT 14, BLOCK 3, ASPEN GROVE SUBDIVISION, according to the Plat thereof recorded in Ditch Book 2A at Page 291. Together with all and singular the hereditaments and appurtenances there -unto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, its successors and assigns forever. And the said parties of the first part for themselves, their heirs and assigns do covenant, grant, bargain and agree to and with the said parties of the second part, their successors and assigns, the above bargained premises in the quiet and peaceable possession of said parties of the second part, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by through or under the said parties of the first part to WARRANT AND FOREVER DEFEND. The singular shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hand(s) and seal(s). SIGNATURES ON PAGE 2 502171 TRANSFER DECLARATION RECEIVED 09/21/2004 RETURN TO Pi1RIN COUNTY TITLE Ii�C. 801 E. HOPKINS AVE. ASPEN, CO 81611 002171 Page: 2 of 2 09/21/2004 01:581 SILVIA DAVIS PITKIN COUNTY CO R 11.00 D 86.67 PAGE 2 TO SPECIAL WARRANTY DEED SIGNATURE PAGE THE JONES FAMILY PARTNERSHIP, LLLP piI Jon f". O i a Jones Je B rk Trustees of the Olivia Jones Revocable Trust u/a/d Dece ber 24, 24, General Partner STATE OF CDLDRADO ) nn JJ COUNTY OF 7:E--1JVEJ ) The regoing instrument was acknowledged before me this i `7-�- day of �� , 204 By: THE JONES FAMILY PARTNERSHIP, LLLP, By; Olivia Jones and Jeffrey Barker, Trustees of the Olivia Jones Revocable Trust u/a/d December 24, 2003, General Partner. WITNESS my hand and official seal Notary Public my commission 7 ?6 -C-j PAMELA S. CA.% DUFAULT f..c PCT1885801 0 0 ATTACHMENT 2 —LAND USE APPLICATION APPLICANT: Name: Warren Fir, LLC.; David Fir, LLC; Warren Redwood, LLC.; David Redwood, LLC. Location: Lots 14 & 15; Block 3; Aspen Grove Sub division Aspen, Colorado (Indicate street address, lot & block number, legal description where appropriate) Parcel ID# (REQUIRED) 2 7-3 - Zj 1 Ode "t- l y z Is l ai 00 l s REPRESENTATIVE: Name: Eben P. Clark - Klien, Cote & Edwards, LLC Address: 201 North Mill, Suite 203, Aspen, Co 81611 Phone #: 970-925-8700 PROJECT: Name: N/A Address: Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD 0 Conceptual Historic Devi. ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA — 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, Mountain View Plane condominiumization) Expansion ❑ Lot Split 0 Temporary Use ❑ Other: Q( Lot Line Adjustment 0 Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings uses previous approvals, etc. Two adjacent vacant lots 'ROPOSAL: (description of proposed buildings, uses, modifications, etc.) Please see attached letter - Lot Line Adjustment Have you attached the following? FEES DUE: S 705 ❑ Pre -Application Conference Summary lk- Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form W IA- 9 Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" X 11" must be folded and a floppy disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. 0 0 69 L 0 ol oc) LU m to 0;2� 4 00 -:C .j �Ijlol > cs Cl) ir Ln LD Ln Ln z o N%-J rn 0 0 M) 0 0 r-M 0 0 .0 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Warren Fir, LLC; David Fir, LLC; Warren Redwood, LLC; (hereinafter APPLICANT) AGREE AS FOLLOWS: and David Redwood, LLC APPLICANT has submitted to CITY an application for Lot Line Adiustment (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 48 (Series of 2006) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 705.00 which is for _ hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post app oval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be m thin 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall ands for suspe on of processing, and in no case will building permits be issued until all costs associated case presng have been paid. CITY OF ASPEN APPLICANT By: Chris Bendon Community Development Director Date: 4/10/07 Billing Address and Telephone Number: Required 595 S. Broadway, Suite 20C Denver, CO 80209 C:\Documents and Settings\johannahr\Desktop\LUFeeAgree.doc