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HomeMy WebLinkAboutcoa.lu.ec.807 McSkimming Rd.0022.2007.ASLU r ~ ~ ~~ ~ ~ ~_~ ~- ! ~~~ ~ _w, FUe €dl gecwd NavigMe Fgm Repw[s ForlQel Tab Help J .; /X y DJ -~ tJ Ci. a ~ ~ ~5' Y/ J D W'~ ~ Oa ]umv t ~ ;;~ ~ 8 O ~ `Main Cullom Ftelds Foes Actions Parcels Rw1lirg Status Fee Summary Routing Hulwy AUachmen[s l i t Parni Type aslu ~ span Land Use Permit 1t 022.2007.ASLU i Addles 7 MCSKIMMING RD J Aq/Sute g '! L"ry ASPEN _- ___ State CO - Zp 81611 J ~, -Pemd ldwmation ! Mash Pami~-J Routng Queue aslu07 Apvkd 04/13/2007 J ~ ~ Prated ~ Status Pendn9 Approved ~ ~ ~ ~ R __ ~ Desaigim LOT LINE ADJUSTMENT ASPEN GROVE SUBDIVISION Issued ~-J I Fnal ~J Sr6rnitted EBEN P CLARK 925-8700 Cbck Running Days 10 Expies 09f l7l2008 J Omer-: _ _. ~. Last Name FIR J Frst Name WARREN O ~~ Phone f ] DENVER C080209 'i ! ~!I r Dvwer is Applicant? ~,'I _ ,. '! -Appicant Last Name FIR ~ i Fust Name WARREN 59556ROADWAY ~.~ Phone I 1 ~ Culttl 27642 ~ DENVER 0000209 ~, ' ~'. Larder- Last Name ~J ~~ Frsl Name Phone ~ '', i I AspenOold(61 _. Record: 230124 KLEIN, COTE & EDWARDS, LLC ATTORNEYS AT LAW HERBERT 5. KLEIN hskQkcelaw.net LANCE R. C077i, PC• hc@kcelaw.net JOSEPH E. EDWARDS, BI, PC jee@kcelaw.vet EBIN P. CLARK epcQkcelaw.ne[ MADHU B. KRISHNAMURT7 mbk@kcelaw.net 201 NORTH MB.L STREET, STE. 203 ASPEN, COLORADO 81611 TELEPHONE: (970) 925-8700 FACSM1ll.E: (970) 925-3977 also admitted in Calikrnia April 10, 2007 Mr. Chris Bandon Community Development Director City of Aspen 130 S. Galena Street, 3rd Floor Aspen, CO 81611 RE: Lot Line Adjustment Application -Lots 14 & 15, Block 3, Aspen Grove Subdivision Deaz 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 regazd to Lot 14, and Warren Redwood, LLC and David Redwood, LLC, with regazd 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 regazd 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 aze 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, aze the fee owners of Lot 15. Copies of the vesting deeds are attached. The purpose of the current request is: ~~*-~E~~ED 1. To create a useable building area in the southern azea of Lot 14; and APR 1 ~ 2007 BUILDING ~ N Nf C 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 necessazy. First, due to steep slopes on the south side of Lot 15, access to that lot from its southwest boundazy on McSkimming Rd. is not practicable. Second, the building azea 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 Yazd 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 aze 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 aze 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 boundazy 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 standazds of this chapter, and conform to the requirements of this title, including the dimensional requirements of the zone district in which the lots aze 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 boundazy change between two adjacent parcels. The request is that the two adjacent owners be permitted to exchange a small portion of each of their pazcels along a common boundary. This is demonstrated by the attached plat. The portions to be exchanged aze of equal size. Therefore, the adjustment is an insubstantial boundazy 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 aze located. Both lots aze 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 Eben P. Clark lo[ line adjusmten[ Application Ltr 04-10-07 fmal ~, , EXHIBIT #~ City of Aspen, Community Development Depaztment 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, Cote & Edwazds, 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, WARRE~l FIR, LLC a Color limited 1' it company By: DAV~iD FIR, company By: ~avidrA~Gitlitz, _., EXHIBIT #~ 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. Wanen 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 & Edwazds, LLC. Sincerely, ~.,, ~..IY OF ASPEN ~Cj6•~ I CITY OF vSPEk WRETT PAID HIRETT PAIL DATE REP NO. DATE REP Nt~ ~~~2!%C'! 6r~~ ,2~c+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 tD 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 ti 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 sat their hand(s) and seal(s). ~" ._.. •-- SIGNATURES ON PAGE 2 N~ IIIIIIIIIIIIIIIIIIIIINIIIUIIIIIIIIIIIIIIIIIIIIIIIII 5'9~ze5ez:eal ~~ II 1 ~F S1LVIi1 DGVIS PITKIN COUNTY CO R 11.00 D 66.67 1 RETURN TO Pt110N COUNiY TITLE INC. 001 E. HOPKINS AVE. ASPEN,W 81671 ~~~~~~ IIIIII lull VIII ~~~ IIIIIIII ~~ VIII ~~~~ IIII 902,ZZ oz : o4I SILVIR DRVIS PITKIN COUNTY CO R 11.00 D 88.67 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 COL.DI24T.~ ) COUNTY OF T~IVER ) ss The regoing instrume was acknowledged before me this ~?~ day of 200 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 ex Tres: 7- 2$ -C~j ~0~ ~'Ue~~l+ PAMELA St PCT188 DuFAULT:Ao ~~t~C~~E000,~~" Notary Public L.:, ~IT'Y JF ASPEN `~ O~• (O "I CITY OF A9PCgN HRETT PAID VVRETT PAI@ DATE REP NO. DATE REP Nd: `1~~%G y i~Cf/ ~i c ~ y~~`~0y ~"~~ ''~c ~ T SPECIAL WARRANTY DEED a THIS DEED, Made September 21, 2004 N N ° ~ between THE JONES FAMILY PARTNERSHIP, LLLP r °m~ '" '" ~ ~ of the County of ARAPAHOE and State of CO, 0 a ry of the first part, GRANTOR and WARREN FIR LLC, A COLORADO LIMITED LIABILITY ~ a4 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 ~ 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 r 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, a 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 W ITNESS 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/Z904 RETURN TO PITION COUNTY TITLE 11C. e01 E FIOPKINS AVE. ASPEN, CO 67617 `° I IIIIIIIIIINIIIIIIillllllllllllllllllllllllllllll 0°~ za 4 01:58 SILVIR DRVI$ PITKiN COUNTY CO R 11.00 D 86.67 PAGE 2 TO SPECIAL WARRANTY DEED SIGNATURE PAGE THE JONES FAMMILY PARTNERSHIP, LLLP ~ P~~ C~~S O-Jones Je B rk Trustees of the Olivia Jones Revocable Trust u/a/d Dece ber 24, 200, General Partner STATE OF COLORADO ) COUNTY OF ~°JJVEII. ) ss The~~Dpregoing instrument was acknowledged before me this ~'7~- day of dE/~T' , 200 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 ? ?b -~~ PAMELA S. DuFAULT Notary Public 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; As en Grove Sub division As en, Colorado (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 2 ~-3 ~--I } Zd 1 od~l (t.~f tit) 2~-3 ~ ~~ tot o01 ~~~ I s 12EPRESENTATI'UE: Name: Eben P. Clazk - Klien, Cote & Edwards, LLC Address: 201 North Mill, Suite 203, Aspen, Co 81611 Phone #: 970-925-8700 Name: N/A Address: Phone #: TYPE OF APPLICATION: (please check all that ^ Conditional Use ^ Special Review Design Review Appeal ^ GMQS Allotment ^ GMQS Exemption ^ ESA - 8040 Greenline, Stream Mazgiq Hallam Lake Bluff, Mountain View Plane ^ Lot Split Ij( Lot Line Adjustment ^ Concepmal PUD ^ Final PUD (& PUD Amendment) ^ Conceptual SPA ^ Final SPA (& SPA Amendment) ^ Subdivision ^ Subdivision Exemption (includes condominiumization) ^ Temporary Use ^ Concepmal Historic Devt. ^ Final Historic Development ^ Minor Historic Devt. ^ Historic Demolition ^ Historic Designation ^ Small Lodge Conversion/ Expansion ^ Other: C TexUMap Amendment EXISTING 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 ~ I4- Attachment # 1, Signed Fee Agreement ^ Response to Attachment #3, Dimensional Requirements Form ~J ~~ ~ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than S.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 PERMA-iE1~T RECORD CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafterCI'I'Y)and Warren Fir, LLC; David Fir, LLC; Warren Redwood, LLC; (hereinafrer APPLICANT) AGREE AS FOLLOWS: and David Redwood, LLC 1. APPLICANT has submitted to CITY an application for Lot Line Adjustment (hereinafrer, THE PROJECT). 2. APPLICANT understands and agrees [hat 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 ro 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 [he application. APPLICANT and CITY further agree that it is in [he interest of [he parties [ha[ APPLICANT make payment of an initial deposit and to thereafrer 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 postap oval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be m ithin 30 days of the billing date. APPLICANT further agrees that failure [o pay such accrued costs shall ands for suspe on of processing, and in no case will building permits be issued until all costs associated case pr sing have been paid. CITY OF ASPEN APPLICANT Chris Bendon Community Development Director Date: 4/10/07 Billing Address and Telephone Number: Required 595 S. Broadway, Suite 200 Denver, CO 80209 C:\Documents and Seuings\johannahr\Desktop\LUFeeAgree.doc RETA#N FOR PERA~ANEi1T RECORD 3 °< ~`~ a+ c VN ~~ ~ ~' ~$~ ~O ~~ ~U 3~ » ~ ~$ N 9 ~ '~ N 13 ~~b ~~ O bob ~ti~~~i /~,~/~SJ ~9~ a a z ~o 3 ~'' 2 1.Sgi / . JO O . k. ~1`b ~ ~ / ~pP .' ~' r- F ~~ ~s ~g ~ , ~$~R vtj \~ . E o~ ~ ~; 17' O W \ ~~\ ~~ c`- `° c' `~ v w _ ~ ~ r`-.... .... ~ ~ =w/ ~ s~- "- o~ n ~ 4~ u'r O~ ' ~• ~ ~ l _~ ~\ `~'lid,O~7 f y . $ _" ~ oa -~- r ~ Q~~ M }}')'v.~....im eM ~~ J ~N ~ / ~ ~ ~+ ~N~ p o~ ~~.~ Z Y ~~ -~ O $~ o c 'a o~-o ~ ~c°iE.°- S ,. ~~ F" ~ W m "~' , ~ ~ ~ J ~ W ~ ~ S. a m=v {_ °~~ ~ can`' a ~ /''' .~ '~ U- k ~-J v~,,oo ~(rJ ~ ~....4 a ~maa~ ~ ~ 1`'S /_ ' N `~" .~.J t- f ~ D N ~ U ~ O M ~ ~ J ~, _ 4 z ~ ~ N~ ,y ~ ~ ~ x ~ w ~ ~ ~k' a / 3 c~'n ; 3 so ~$ O ~' i / N ~" '~ ~J G ~L t t L t 0 m ~ ~ n wo vi .J Q a z U W m ~ ° z o ~ vi o n. a° ~~ N .~ 6 p= r(I i $ ° } °° °' ~~ c~ 'D'am U nn ~n lR N ~ ~~ 4iJ ~~ n~nnn\ ~ N W u ~ 4 ~ ~ 61 N 4 O o Q N ~ N 0 ~ u Z ..~,,* o a a n~ u` ~N o= $,o mac ~~ ~o o~ ,_ W J m C 9' 149 oNCO O_ CO a '9 onr~.rn CDT TCgno~ a ~'' D~ a~u"i g~~ O~ ~OcCgnlOp~p rn°a ~ l~~w N~ ~ 3 A p< A~ V i' ~ ~, 3 OOAZ'y~ o ~o cn G' ~ nZrn ~ ~ ~ i n ;~ ~. KLEIN, COTE & EDWARDS, LLC ATTORNEYS AT LAW HERBERT S. KLEIN hsk@kcelaw.uet LANCER. COTE, PC• hc@kcelaw.net IOSEPH E. EDWARDS, -I, PC jee~kcelaw.net EBEN B CLARK epc@kcelaw.net MADHU B. KRISHNAMURTI mbk@kcelaw.net 201 NORTH il9LL STREET, STE. 203 ASPEN, COLORADO 8!611 TELEPHONE: (970) 925-8700 FACSIM-.E: (970) 925-3977 also admitted in GliPornia April 10, 2007 Mr. Chris Bandon Community Development Director City of Aspen 130 S. Galena Street, 3rd Floor Aspen, CO 81611 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 aze Warren Fir, LLC and David Fir, LLC with regazd to Lot 14, and Warren Redwood, LLC and David Redwood, LLC, with regard to Lot 15 (collectively "Applicants"). Applicants aze 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 pazcels aze identified by pazcel 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 aze the fee owners of Lot 14, and Warren Redwood, LLC and David Redwood, LLC, aze 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 REC „r~Ep APR - 0 2007 1UILDING DER4RTA~ENT 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 boundazy on McSkimming Rd. is not practicable. Second, the building azea 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 yazd 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 aze 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 aze 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 pazcels 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 pazcels, 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 boundazy 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 IJ By: ~~ Eben P. Clark lo[ line adjusm[en[ Application Ltr 04-]0-07 final EXHIBIT #~ 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, 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, WARRE~7 FIIt LLC a Colora limited 1' it company By: npany EXHIBIT #~ City of Aspen, Community Development Deparhnent 130 South Galena Street Aspen, Colorado 81611 RE: ASPEN GROVE SUBDIVISION LOTS 14 & 15 LOT LINE ADNSTMENT 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 conceming 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, DAVID By: David A. Gitlitz, err `""'CITY OF ASPEN ~~~•~ f CITY OF ASPEk WRETT PAID HRETT PAIL DATE REP NO. DATE` tREP NtG/~ 1~2i~p~! !-~l~/ ,2~ci7 ~~~~~ ~ ~ ~ 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, atl 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 '~" the second part, its successors and assigns, against all and every person or persons lawfully claiming or to claim r the whole or any part thereof, by through or under the said parties of the first part to WARRANT AND FOREVER m DEFEND. The singular shall include the plural, the plural the singular, and the use of gender shall be applicable to o ali genders. W IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hand(s) and seal(s). .~" z 0 .--. ~--- SIGNATURES ON PAGE 2 ~0 1 11I ~~ IIIII;II~III IIIIIIIII~IIIIII IIIIIIIIIII III VIIIIIIIIIII60 0/2'L1 /6285672:641 ~,--- 1 RETURN TO PftiflNN COUNTY TITLE INC. 081 E. HOPKINS AVE. ASPEN, CO 81611 ~.,,,1~ ~I ~~~~~ ~~~~~~ ~~~~~ ~~~~~ ~~~ ~~~~~~~~ ~~~ ~~~~~ ~~~~ ~~~ 99~z Sze 5 ez: Dai SILVIR DRVIS PITKIN COUNTY CO R 11.00 D 88.67 PAGE 2 TO SPECIAL WARRANTY DEED SIGNATURE PAGE THE J TONES FAMILY PARTNERSHIP, LLLP ~ll_ ~b ~1.~ P 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 COf;.Df2GtT~ ) COUNTY OF AVER ) ss The regoing instrume was acknowledged before me this ~?~ day of 200 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 ex Tres: 7- 28 -~ ~~~Blf pVe ~,• til~c ~AMELA Sl PCT188 ~DuFAULT:o ;~ Notary Public .~ CITY OF ASPEN `~~~.~0'I CITY OF A9PLN HRETT PAID VVRETT PAID DATE REP NO. DATE REP Nd: ~~/~%G ~ iu~ ~i c ~ I~~r~~'Y ~"~~ ,>ic ~ ~ SPECIAL WARRANTY DEED ,~ THIS DEED, Made September 2l, 2004 N m ; between THE JONES FAMILY PARTNERSHIP, LLLP r °m~ T' " n ~ of the County of ARAPAHOE and State of CO, a ~ of the first part, GRANTOR and WARREN FIR LLC, A COLORADO LIMITED LIABILITY 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 ~~ ~~. ~ 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 x 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, a 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 W ITNESS W HEREOF, the said parties of the first part have hereunto set their hand(s) and seal(s). SIGNATURES ON PAGE 2 502171 TRANSFER DECLARATION RECEIVED 09/2112004 RETURN TO PR10N CDUNTYTITLE IBC. 801 E, HDPKINS AVE. ASPEN, CO 8161 i I IIIIII VIII IIIIII VIII VIII IIIIII I III II VIII III 0.90/ ~ 2004 01:581 S3LVIR DRVIS PITKiN COUNTY LO R 31.00 D 86.67 PAGE 2 TO SPECIAL WARRANTY DEED SIGNATURE PAGE THE JONES FAMILY PARTNERSHIP, LLLP ~~ J~t~y O- i~Sla'Jones Je ) B rk Trustees of the Olivia Jones Revocable Trust u/a/d Dece ber 24, 200, General Partner STATE OF COLDRd1Dp ) ss COUNTY OF ~JJVFJ~. ) The~~AAregoing instrument was acknowledged before me this ~ 7~ day of QE/~l , 200I~ 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 ems: ?- '?.!~ -lam PAMELA S. DuFAULT, PCT1885801 APPLICANT: ATTACHMENT 2 -LAND USE APPLICATION Name: Warren Fir, LLC.; David Fir, LLC; Warren Redwood, LLC.; David Redwood, LLC. Location: Lots 14 & 15; Block 3; As en Grove Sub division As en, Colorado (Indicate street address, lot & block number, legal description where appropriate) Pazeel ID # (REQUIRED) 2 ~-3 ~-1 ~ 2d - dal Ct.~r t~11 2~-~ ~- I~ I of oo l / r_~ i t REPRESENTATIVE: Name: Eben P. Clark - Klien, Cote & Edwazds, LLC Address: 201 North Mill, Suite 203, Aspen, Co 81611 ^ Conditional Use ^ Special Review ^ Design Review Appeal ^ GMQS Allotment ^ GMQS Exemption ^ ESA - 8040 Greenline, Stream Mazgin, Hallam Lake Bluff; Mountain View Plane ^ Conceptual PUD ^ Final PUD (& PUD Amendment) ^ Concepmal SPA ^ Final SPA (& SPA Amendment) ^ Subdivision ^ Subdivision Exemption (includes condominiumiza[ion) ^ Concepmal Historic Devt. ^ Final Historic Development ^ Minor Historic Devt. ^ Historic Demolition ^ Historic Designation ^ Small Lodge Conversion/ Expansion ^ Lot Split ^ Temporary Use ^ Other: Q( Lot Line Adjustment ^ Text/Map Amendment PROPOSAL: (description of proposed buildings, uses, modifications etc.) Please see attached letter -Lot Line Adjustment Phone #: 970-925-8700 PROJECT: Name: N/A Address: Phone #: TYPE OF APPLIC Have you attached the following? FEES DUE: $ 705 ^ Pre-Application Conference Summary N I ~- )r9 Attachment #1, Signed Fee Agreement ^ Response to Attachment #3, Dimensional Requirements Form (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. ~ ~~ p i' ~ o ~~ i~ CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for PaKrnent of City of Aspen Development Application Fees CITY OF ASPEN(hereinafrerCITY)and Warren Fir, LLC; David Fir, LLC; Warren Redwood, LLC; (hereinafrerAPPLICANT)AGREEASFOLLOWS: and David Redwood, LLC 1. APPLICANT has submitted to CITY an application for Lot Line Adjustment (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 [he proposed project, it is not passible 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 thereafrer 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 [he amount of $ 705.00 which is for _ hours of Community Development staff time, and if acrual 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 [hat failure to pay such accrued costs shall ands for suspen~on of processing, and in no case will building permits be issued until all costs associated case pr sing 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 200 Denver, CO 80209 C:\Documents and Settings\johannahr\Desktop\LUFeeAgree.doc KLEIN, COTE & EDWARDS, LLC ATTORNEYS AT LAW I-IERBERT S. KI.EIN hsk@kcelaw.nel 201 NORTH IvID,L STREET, STE. 203 LANCE R. COTS, PC' IrcQkcelaw.nel ASPEN, COLORADO 81611 JOSEPH E. EDWARDS, III, PC jee@kcelaw.ne[ TELEPHONE: (970) 925-8700 EBEN P. CLARK epcQa kcelaw.nel FACSIMILE: (970) 925-3977 MADHH B. KRISHNAMURTI mbk(aJccelaw.ml ' also admitted in CeliPornia April 10, 2007 Mr. Chris Bendon Community Development Director City of Aspen 130 S. Galena Street, 3rd Floor Aspen, CO 81611 RE: Lot Line Adjustment Application -Lots 14 & 15, Block 3, Aspen Grove Subdivision Deaz 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 azea 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 regazd 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 regazd 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 azea of Lot 14; and APR 1 0 2007 ~11LD1t1~ 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 aze 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 deternned 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 application; and adjusted shall provide written consent to the 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 pazcels, 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: ~~l~G Eben P. Clazk lo[ line adjusm[en[ Application I-[r 04d0-07 fmal o EXHIBIT #,~ City of Aspen, Community Development Deparhnent 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, 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, company company EXHIBIT #~ City of Aspen, Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: ASPEN GROVE SUBDIVISION LOTS 14 & 15 LOT LINE ADNSTMENT 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, DAVID By:1~5avid A. Gitlitz, Cr„r/ OF ASPEN ~F6•~~ CITY OF ASPEN WRETT PAID HRETT PAIp DATE REP NO. DATE REP Nc;r y~z~iC`f l:~l~ ;~r~~7 c~~~,G,i~ 6(-Gff sic/~ i" 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 DAVIb REDWOOD LLC, A COLORADO LIMITED LIABILITY COMPANY whose legal address is: 585 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 tha 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 mm 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 N the whole or any part thereof, by through or under the said parties of the first part to WARRANT AND FOREVER m DEFEND. The singular shall include the plural, the plural the singular, and tha use of gender shall be applicable to o all genders. W IN WITNESS WHEREOF, the said parties of the first part have hereunto set their hand(s) and seal(s). W OG Z O ,-.~ F- Q J SIGNATURES ON PAGE 2 ~o ~~ IIIII~I VIII ~IIIII VIIIIIIiI IIIIIIIIIII IIIIIIIIIIIIIIII 00 02D 8B 672:041 tor--- 1 RETURN TO PIT10N OOUNTYTITLE INC. 0016 HOPKINS AVE. ASPEN, CO 8161 t IIIIIII~I IIIIIIIIIIIIillllllllllllllllllllllllll III 902 z~eZ:04, SILVIR Oi1VI5 PITKIN COUNTY CO R 11.00 D 88.67 PAGE 2 TO SPECIAL WARRANTY DEED SIGNATURE PAGE THE J (O, NES FAMILLY PARTNERSHIP, LLLP ~ V b c1.~-e 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 COC.Ol2QT.~ ) COUNTY OF T~1VER ) ss The regoing instrumer't was acknowledged before me this ~?T~ day of 200 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 ex fires: 7- 28 -~ p~~'AY• p~6 /t... +..l~~ f PAMELA Si~ PCT188 I DuFAULT:o A Notary Public ~,,,i ~' OF ASPEN `~$~•~"I CfTY OF A9PCN HRE:TT PAID WREr1' PAI9 OATS REP NO. DATE REP Nth: ~/~~'i%b y C~!/-~ ~i o ~ ~ J~a~~oY ~~~ Tic ~ ~ SPECIAL WARRANTY DEED W THIS DEED, Made September 21, 2004 N n is ; between THE JONES FAMILY PARTNERSHIP, LLLP i °m~ •' " N ~ of the County of ARAPAHOE and State of CO, a ~ of the first part, GRANTOR and WARREN FIR LLC, A COLORADO LIMITED LIABILITY 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 ~~z good and valuable considerations, to the said parties of the first part, in hand paid by the said partles 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 r 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, a 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 partles 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 W ITNESS W HEREOF, 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 70 PITION COUNTYTffLE IBC. 801 E. HOPKINS AVE. ASPEN, CO t3t611 `~"~ 02171 VIII III I IIIIII I III VIII IIIIII I III II VIII IIII II 09923 2004 01 :581 SILViR DRVSS PITKiN COUNTY 00 R 13.00 0 86.67 PAGE 2 TO SPECIAL WARRANTY DEED SIGNATURE PAGE THE JONES FAMILY PARTNERSHIP, LLLP p J~~~ Oda ones Trustees of the Olivia Jones Revocable Trust u/a/d Je ~Brk Dece ber 24, 200, General Partner STATE OF t?OLORD~pp ) ss COUNTY OF ~l~1VER 1 The regoing instrument was acknowledged before me this 17~. day of ~~~ , 200 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 r Notary Public my commission ~„~ 7-?.!S -{~ PAMELA S. DuFAULT PCT1885801 ~' APPLICANT: ATTACHMENT 2 -LAND USE APPLICATION Name: Warren Fir, LLC.; David Fir, LLC; Warren Redwood, LLC.; David Redwood, LLC. Location: Lots 14 & 15; Block 3; As en Grove Sub division As en, Colorado (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 2 ~'3 ~-- I ~- Zd I od4 fist I v~ 27- ~ ~ 19 I al oo I / / ~~- t REPRESENTATIVE: Name: Eben P. Clark - Klien, Cote & Edwards, LLC Address: 201 North Mill, Suite 203, Aspen, Co 81611 Phone #: 970-925-8700 rxwEC'r: Name: N/A Address: Phone #: TYPE OF APPLICATION: (please the ^ Conditional Use ^ Special Review ^ Design Review Appeal ^ GMQS Allotment ^ GMQS Exemption ^ ESA-8040Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ^ Conceptual PUD ^ Final PUD (& PUD Amendment) ^ ConcepmalSPA ^ Final SPA (& SPA Amendment) ^ Subdivision ^ Subdivision Exemption (includes con dominiumization) ^ Conceptual Historic Devt. ^ Final Historic Development ^ Minor Historic Devt. ^ Historic Demolition ^ Historic Designation ^ Small Lodge Conversion/ Expansion ^ Lot Split ^ Temporary Use ^ Other: Q( Lot Line Adjustment ^ Text/Map Amendment 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 ~ A- ~ Attachment #1, Signed Fee Agreement ^ Response to Attachment #3, Dimensional Requirements Form pJ'/}- ~ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standazds 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. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Aexeement for Payment of Cit~pen Development Application Fees CITY OF ASPEN(hereinafrerCITY)and Warren Fir, LLC; David Fir, LLC; Warren Redwood, LLC; (hereinafrer APPLICANT) AGREE AS FOLLOWS: and David Redwood, LLC 1. 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, i[ is not possible a[ this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in [he interest of the parties that APPLICANT make payment of an initial deposit and to thereafrer permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following [heir heazings 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 [o make legally required findings fox 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 ithin 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 pr • sing have been paid. CITY OF ASPEN APPLICANT Chris Bendon Community Development Director Date: Billing Address and Telephone Number: Required 595 S. Broadway, Suite 200 Denver, CO 80209 C:\Documents and Settings\johannahr\DesktopU.UFeeAgree.doc