The URL can be used to link to this page

Home My WebLink Aboutlanduse case.AP.1449 Crystal Lake Rd.A102-00 ~ CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY ) A102-00 2737-181-32012 Fleck Insubstantial PUD Amendment Lots 12 and 12A, Callahan Subdivision Nick Lelack Insubstantial PUD Amendment Barbara Fleck Alice Davis 9/1/00 Approved- Admin. 10/20/00 J. Lindt ~ I~ "''''.. J o .;:u =-'> -...... _"'Z ;:) _"'0 "'u -:> a:z a... _.I&I~ u... _~L ZOISl _"'! a:1Sl ~z _...1Sl ISlISl - . _1Sl1Sl -1Sl _ISla -N 'Q ISlISl N. --.;... , CS) 1II _1SlG<: - -..... ... -...... _""0 -... -...... ./. ,-,.... ~. NOTICE OF APPROVAL TO: Julie Ann Woods, Community Development Director FROM: Nick Lelack. Planner RE: Callahan Subdivision and Planned Unit Development . Agreement Insubstantial Amendment for Lots 12 and 12A. DATE:' September I, 2000 SUMMARY: On behalf of Barbara Fleck (Applicant), Alice Davis of Davis Horn Inc. has applied for an Insubstantial Amendment to the Callahan Subdivision and Planned Unit Development (PUD) Agreement (Agreement). The Agreement between the City of Aspen and Benedict Land & Cattle Company, Frederick Benedict and Fabienne Benedict, and Robert S. Goldsamt, was signed by all parties on May 13, 1976. ;, .\1 The purpose of the amendment is to clarify the intent and purpose of item IG of the Agreement, which states: "Lots 12 and 12A are collectively designated as a single family lot. Lot 12A is the guesthouse for Lot 12." The Aspen Land Use Code has changed dramatically over the past 25 years. Several important provisions in the current Code did not exist when this Subdivision and PUD was approved, including floor area for the R-15 Zone District and Residential Design Standards. This amendment is intended to clarify how the current Land Use Code is applied to this parcel, Lots 12 and 12A. The Applicant proposes the followinll amendment to IG: "Lots 12 and 12A of the Callahan SubdivisionlPUD are collectively designated as a single family lot with the following restrictions and clarifications: 1. Lot 12A is the guesthouse for Lot 12. 2. Lots 12 and 12A must always be sold together as one lot and can never be sold separately. '- r'\ ~ 3. The home on Lot 12 can contain no more than 6,731 square feet of floor area. The guesthouse can contain no more than 2,550 square feet of floor area. This allowed floor area for each use was . determined using the current (2000) City of Aspen definition for how floor area is calculated. Any future changes to how floor area is calculated shall not impact the maximum allowed floor area for these two uses, the single family home and the guesthouse. 4. Both homes will be built within their respective building envelopes 'designated on Page 3 of the Callahan Subdivision Development Plan. 5. Lots 12 and 12A will be considered as one lot for the purposes of applying the Secondary Mass Design Review Standard. The guesthouse can serve as the secondary mass element for the main residence. 6. There is no guesthouse definition in the City of Aspen Land Use Regulations. The only existing limitation on the guesthouse is that it cannot be sold separately from the main resideIlj:e. 7. An Accessory Dwelling Unit (ADU) can be located within the guesthouse." Staff believes the proposed amendment meets the review criteria for an insubstantial amendment, but proposes the following changes. Staff proposes deleting 6. and replacing the provision with the following language: 1. All provisions of the City of Aspen's Land Use Code shall be applied to Lots 12 and 12A as olle parcel, unless otherwise stated in this amendment. Cammunity Develapment staff recammends appraval .of the Insubstantial Amendment ta the Callahan Subdivisian/PUn, with the fallawing changes described abave. APPLICANT: Barbara Fleck REPRESENTATIVE: Alice Davis, Davis Horn, Inc. LOCATION: Callahan Subdivision/PUD Lots 12 and 12A ZONING: R-15 2 ,<!'-" (' . ."1 -""'"" o ---...u -""'"";:p ..J>' ---...... .-II!!!IIIZ ........" ::> 11I0 .......u ~z --- 0'" -""'"" "" ILl" -.~.it bQ zs ....a:s -~% cDs s6! SS ----~.g ~Q slS> ~"" -....IS> ~a: iiiiIIII! .......... -'Ceo- ,..0 ...-oS"", _oS" " iiii !!!!! 0 _...u => -...I.~ _...~ _"':Z -::> -"'0 -...u -> =ctz _a... - ~ _...~ u... _~L =OCSJ -Z.6) - . _.cts -... !!!!!!!t")z _.. _GOISl ISlISl ISlS -1Sl _ISla -... =......CSiJ _1Sl1Sl -.... _.....1Sl Gl _ISla: -"'10 =10 -...... -"'0 ... -"'('I) ~ ~ ..-" COMMUNITY DEVELOPMENT DIRECTOR DECISION The Community Development Director finds the Insubstantial Planned Unit Development Amendments to the Callahan SubdivisionlPUD and to be consistent with the review criteria, and hereby approves the following amendments to the Callahan Subdivision and Development Agreement IG: "Lots 12 and 12A of the Callahan Subdivision/PUD are collectively designated as a single family lot with the following restrictions and clarifications: 1) Lot 12A is the guesthouse for Lot 12. 2) Lots 12 and 12A must always be sold together as one lot and can never be sold separately. 3) The home on Lot 12 can contain no more than 6,731 square feet of floor area. The guesthouse can contain no more than 2,550 square feet of floor area. This allowed floor area for each use was determined using. the current (2000) City of Aspen definition for how floor area is calculated. Any future changes to how floor area is calculated shall not impact the maximum allowed floor area these two uses, the single. family home and the guesthouse. 4) Both homes will be built within their respective building envelopes designated on Page 3 of the Callahan Subdivision Development Plan. 5) An Accessory Dwelling Unit (ADU) can be located within the guesthouse." 6) All provisions ofthe City of Aspen's Land Use Code shall be applied to Lots 12 and 12A as one parcel, unless otherwise stated in this amendment. 7) Lots 12 and 12A will be considered as one lot for the purposes of applying the Secondary Mass Design Review Standard. The guesthouse can serve as the secondary mass element for the main residence. The conditions of approval shall be: 1. This amendment shall be recorded within 180 days of this approval. No permits will be issued for Lot 12 until the recordation is completed. 2. All prior City of Aspen approvals for the Callahan Subdivision and Planned Unit Development shall remain in full force and effect. 3 ,- "-,,. ,-., Attachments: Exhibit A . Application Packet APPROVED BY: DATE~ PPAO II~D lie AnI:\ Woods ommunity Development Director .j','':'J '0" ~MIINtT'yQ . ... 8 ({J!J(I ~"c CIT'y Q ~vi'.1"ClVI. . ~ ASPIiN OII1I:'fOt:i WE HEREBY ACKNOWLEDGE AND AGREE TO THE TERMS OF THIS APPROVAL: ('iit.~. OaULLY Alice Davis, Davis Horn, Inc., representing Barbara Fleck .,,'}:";'" .."....,.:, ;!";,'I"- ") 9 / 55 / )000 ~ . Date 1111111111111111111111111111111111111111111111111111111 447163 09/20/2000 08:33A NOTICE DAVIS SILVI 4 of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 4 ...." iiiii !!!!!!o _...u > _...r... -........ _cnz -::I -cno -...u -> =a:z _a... -1II>e -... =u.... _~L =OCSl Z",? CI:6I e!!!,::l z _.. _co... &... &15i -... _&Q -N =........CSl &... N. ~"""tS) CD _&a: - =:3CD ..... _"'0 -...' -"'11) ,-.., .-, REVIEW CRITERIA & STAFF FINDINGS 26.445.100 Amendment of PUD development order. A. PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered. an insubstantial amendment: 1. A change in the use or character of the development. Staff Findinll This amendment does not change the use or character of the allowed development on Lots 12 and 12A; rather, it clarifies the development potential for the parcel. The approved use and character of the development is low density residential with a house on Lot 12 and a guesthouse for Lot 12 on Lot 12A. ' 2. An increase by greater than three (3) percent in the {' overall coverage of structures on the land.'l Staff Findinll Building envelopes have previously been established for Lots 12 and 12A. This amendment does not in any way change the approved building envelopes or overall coverage of structures on the land. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand,for public facilities. Staff Findinll The proposed amendment will not increase trip generation rates. 4. A reduction by greater than three (3) percent of the approved open space. Staff Findinll Open space would not be reduced by the amendment. 5. A reduction by greater than one (1) percent of the off- street parking and loading space. 5 "'-, , , . I""' i~ Staff Finding Off.street parking spaces would not be impacted by this amendment. 6. A reduction in required pavement widths or rights-or-way for streets and easements. Staff Finding No reduction in required pavement widths or rights.of.way for streets would be impacted by the proposals. 7. An increase of approved gross buildings. greater than two (2) percent in the. leasable floor area of commercial Staff Findine This amendment concerns a residential use. Therefore, this standard is not applicable. 8. An increase by greater than one (1) percent in approved residential density of the development. (" .'1) " the Staff Findine Residential densities are not proposed to be changed. Allowing an Accessory Dwelling Unit (ADU) in the guesthouse does not change the allowed density, butADUs are not considered units of density. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. Staff Finding Staff believes the changes are consistent with the approved Callahan SubdivisionIPlanned Unit Development. U(~1~3'!~11I111111I1II 111111111111111 III 11111111I 1II1 6 0'6 R ~~:~2~e: ::'N33eA eNeOTICE DAVIS SILVI . . PITKIN COUNTY CO 6 ~ .r-,. Davis HomIn<;;. ,. PLANNING & REAL ESTATE CONSULTING August 14, 2000 Julie Ann Woods Nick Lelack City of Aspen Community Development Department 130 South Galena Street Aspen, CO. 81611 Dear JUlie Ann and Nick: Davis Horn Incorporated represents Barbara Fleck, owner of Lots 12 and 12A of the Callahan Subdi vision/PUD. On her behalf, this letter requests approval for an insubstantial amendment to the Callahan Subdivision/PUD pursuant to section 26.445.100 of the Aspen Land Use Regulations entitled Amendment of PUD development order. This Code section gives nine review standards that define what shall not be considered an insubstantial amendment to a PUD. As our requested amendment does not fall within any of these standards, we request the Community Development Director's authorization for the approval of the proposed insubstantial amendment. Both of you along with Chris Bendon of the Community Development Department have suggested that this insubstantial amendment process would be the most effective, clean way to resolve the unclear issues pertaining to the development of Lots 12 and 12A. These issues were unforeseen during the original approval process in 1976 and confusion has grown over time with the adoption of new regulations that were not in place at the time of the original approvals. Due to the unique configuration and uses on Lots 12 and 12A, the Community Development staff and the applicant have agreed that everyone would be best served by seeking to define and clarify the development parameters for 12 and 12A so all parties understand and agree on how the properties will be used now and in the future. This letter will summarize our amendment request, give development parameters which would apply to Lots 12 and 12A and address Section 26.445.100 of the Land Use Regulations, the Code section which allows the Community Development Di~ector to authorize the approval of an insubstantial amendment to aPUD. It may be helpful to refer to my July 19, 2000 letter to Chris Bendon and Nick Lelack which provides a history of the issues surrounding the subject property. Please include this letter in the file as background to this application. ALICE DAVIS, A1CP I GLENN HORN, AICP 215 SOUTH MONARCH S1 . SUITE 104 . ASPEN, COLORADO 81611 . 970/925-6587. FAX: 970/925-5180 """'" ,-., PROPOSED INSUBSTANTIAL AMENDMENT The Callahan SUbdivision/PUD was approved on February 23, 1976. The lots in question were platted and legally described as Lot 12 and Lot 12A as part of these original approvals. (See Attachment 1, Page 3 of the Callahan plat.) However, item 1G of the Callahan Subdivision and Development Agreement states: "Lots 12 and 12A are collectively designated as a single family lot. Lot 12A is the guesthouse for Lot 12." In order to clarify item 1G so that all parties understand the intent and purpose of this item as well as understand the uses and restrictions for Lots 12 and 12A, the following amendment to 1G of the Callahan Subdivision and Development Agreement is proposed: "Lots 12 and 12A of the Callahan SUbdivision/PUD are collectively designated as one single family lot with the following restrictions and clarifications: 1. Lot 12A is the guesthouse for Lot 12. 2. Lot 12 and 12A must always be sold together as one lot and can never be sold separately. 3. The home on Lot 12 can contain no more than 6,731 square feet of floor area. The guesthouse can contain no more than 2550 square feet of floor area. This allowed floor area for each use was determined using the current (2000) City or Aspen definition for how floor area is calculated. Any future changes to how floor area is calculated shall not impact the maximum allowed floor area for these two uses, the single family home and the guesthouse. 4. Both homes will be built within their respective building envelopes designated on Page 3 of the Callahan Subdivision Development Plan. 5. Lots 12 and 12A will be considered as one lot for the purposes of applying the Secondary Mass Design Review Standard. The guesthouse can serve as the secondary mass element for the main residence. 6. There is no guesthouse definition in the city of Aspen Land Use Regulations. The only existing limitation on the guest- house is that it cannot be sold separately from the main residence. 7. An Accessory Dwelling unit (ADU) can be located within the guesthouse. " 2 "" !""\ In #3 of the proposed amendment above, the floor area of 6,731 square feet for the main residence reflects the floor area currently allowed for a home in the R-15 zone district for a lot the size of Lot 12 as shown on the plat, 63,702 total square feet with an effective lot size of 56,589 square feet after reductions for slope. The floor area of 2575 square feet for the guest house reflects the size of the existing house now on Lot 12A which was built in 1977. This existing home on Lot 12A contains 3275 square feet of living area and approximately 2550 square feet of floor area, substantially smaller than the size allowed in the applicable R-15 zone district for a lot the size of Lot 12A. The building envelopes for Lots 12 and 12A referred to in #4 above, were approved as part of the original Callahan SUbdivision/PUD and stream Margin approvals granted in February, 1976. These building envelopes were also re-approved through the stream Margin Amendment Process in 1999. Item #7 above allows an ADU to be located within the guesthouse. There is an existing 1500 square foot dwelling unit on the garden level of the guesthouse on Lot 12A. As part of a separate application, the applicant is proposing to convert this existing unit into an Accessory Dwelling unit (ADU) in order to obtain a Growth Management Exemption for the home to be built on Lot 12. If approved, we understand that this 1500 square foot existing ADU in the guesthouse can, at any time, be reduced to a smaller size as long as the unit is, at the least, of the minimum size required by the City of Aspen Land Use RegUlations. (See Attachment 4, a floor plan for the existing unit.) At such time that the guesthouse and/or ADU is remodeled, rebuilt, substantially renovated or reconfigured, a new ADU restriction for the smaller ADU will override the original ADU restriction for the existing 1500 square foot unit. The new restriction will reflect the smaller unit size. This will allow the owners to continue to rent this larger, more desirable 1500 square foot unit as it currently exists without being penalized for not reducing the size at this time. We would also like to request that the approval of this larger ADU be contingent upon the owners obtaining a C. O. (Certificate of Occupancy) for the home on Lot 12. This contingency. unlike the typical building permit contingency, will not hold up the building permit process for the new residence. The unit is currently rented and housing two permanent employees who would be displaced if the unit were to be remodeled and reduced in size at this time. An application requesting approval for the ADU will be submitted within a few weeks after the submission of this insubstantial PUD amendment application. 3 """" t""'\ REVIEW CRITERIA FOR INSUBSTANTIAL PUD AMENDMENTS section 26.445.100 of the Aspen Land Use Regulations gives the following nine criteria for determining if a proposed PUD amendment is insubstantial. "The following shall not be considered an insubstantial amendment: A.l. A change in use or character of the development. A.2. An increase by greater than three (3) percent in the overall coverage of structures on the land. A.3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. A.4. A reduction by greater than three (3) percent of the approved open space. A.S. A reduction by greater than one (1) percent of the off-street parking and loading space. A.6. A reduction in required pavement widths or rights-of-way for streets and easements. A.7. An increase of greater than two (2) percent in the approved gross leasable floor area of a commercial building. A.S. An increase by greater than one (1) percent in the approved residential density of the development. A.9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a further variation from the projects approved or dimensional requirements. The proposed PUD amendment does not fall under the above categories defining what is not an insubstantial amendment. The proposed amendment seeks to clarify confusion that has resulted from the original PUD approval in 1976 and does not change any aspect of the approval. The proposed insubstantial amendment does not change the use or character of the development (A.l), it does not increase the overall coverage of the structures on the land (A.2), it does not increase the trip generation rates of the development or the demand for public facilities (A.3), it does not reduce the percentage of open space (A.4), nor the off street parking (A.5), nor the pavement widths or rights of way for streets and easements (A.6). A-7 regarding an increase in gross leasable floor area does not apply as there is no commercial space involved. A.8 states that an insubstantial amendment cannot increase the approved residential density of the development and this proposal does not as the 4 ~ ,-, guesthouse was originally approved in 1976 and the ADU does not count toward the density on the parcel. The insubstantial amendment proposed merely clarifies a condition that already exists and is in no way inconsistent with the original approvals. Therefore A.9 regarding a change inconsistent with the original PUD does not apply. As the proposed amendment does not fall under any of the nine review criteria above, it should be considered an. insubstantial amendment. We therefore request the Community Development Director's authorization for this insubstantial amendment. The following attachments have been provided for your information: Attachment 1: Callahan SUbdivision/PUD Final Development Plan, portion of Page 3 (recorded at Book 5, Page 9); Attachment 2: site Improvement Survey for Lot 12; Attachment 3: Pages 1 through 3 of the 13 page Callahan SUbdivision/PUD Agreement (See Item 1G, page 3); Attachment 4: Floor plan for the existing dwelling unit in the guesthouse to be converted to an ADU; Attachment 5: Survey (unsigned) showing Lots 12 and 12A with approved building envelopes; Attachment 6: Pre application conference summary sheet; Attachment 7: Authorization to represent letter from the owner; Attachment 8: Fee agreement; Attachment 9: Proof of ownership; and Attachment 10: Vicinity Map. In summary, this letter has requested approval for an insubstantial amendment to the Callahan Subdivision and Planned Unit Development, an amendment that seeks to clarify a condition from the original SUbdivision/PUD approvals. We hope that we have addressed all your concerns. Please call if we have failed to address any of your concerns or if any other information is needed. Thank you for your assistance with this application. Sincerely, DAVIS HORN INCORPORATED ~ 0cwWJ ALICE DAVIS AICP 5 1""'-. .~ C()J\o..hc~.r\ Subdivl5iu(\ De.ueJOf~rTt.plttt'\ P~.e. 3 o-l- '+ [BooK 5. Po.8e.. q') C.i~.(lle. ~).?!-Ioq ~""""Gi'\.. I~~ l'UItNI_" tW ..wllai'O".&4. . lilT Jr.' J'll'l" .... "., l!lUlUlO-- H'VlI ....,.".- ~1JII,IC'f If' :. 1,.."1 ATTACJIIINT 1- I , I. i , , .1 / ] . "~C ;; ....C , C , ',It .e t c , -~ .""-- \ ~_.... II ',1 , .. ~1..1 , 'i-\ ~ :~ :,\ i ,. - . . .:J,MAY. 18. 2000 J)3!~A )Q!~~ TROWN ~:;~OC \'~V.l~F("1" '99 '.i1:<ia,.,., J't._..1UFl.'~. ,. ""Ill'" IllUtll'lAN \ . --' """';'It 1urwJt.J!!C. "O",,,,ng . """'lr~I1'fl . -- IIO'IIMIP 4. U.. .r01 110. 118-1.1 UIIIDZc:t t-" NO. 953-P. 12 ~ li4. ."1f'1 .1I1111ls 10".0 9215 15~80 .1'" ....'" .... , AT1'ACHIIItlr : 2.. I". ~ J ... .., ,\. ,....;..' "~ ;('( . .. .,. .' ~~ A"ALVar.: ClJl.~i 12.1 J2At eA"".~Utt" ..a~DZV%IIJ~, , .r,., 1:1 , .A1!Ia ('O.~ B~' YSI'I'.. aD, '(,010"... ~. -..v... ao. AH~ Jot . '#6" Gaul OMIU11. 'lIIrllf ~!'- ~.I~' .'. ::.... .. 1IO!l" ADa . U,?oa ., UI.OO ' . " : . '-~ . -..uA IMP.. "'1 '1IA1I IDt .t.o... aa~ u' AJrD SOt .r.o 'mAr. roo, "MA I . ._...._~ ! ~....,..ftiI r. I'"", '. .. ~., ,,~ ' ....1 ~I..' ,~ . .:. . ,\ 3. , i, n, ~ ., ,,;. '-" I .'!o- u,na 1,'" 3.UO U,U. , I. ~ G,I01 . .. 1 108 .. ,'lIl11. . ~ '.2'" . 1: ". Po:~ t... ..ae~n .... II 7.n '.11 71.1' 1.:1.4 20.50 100. 00 " 74.n 11.31 '.IJ lOG .00 ....4 "'... P.11 - -- ,. r , " .. - ,llJi:c.or~"d At2 l,35 PM -,.19, 1976 .,,-., , Reception no 1~ Jot90 ."""". Jull.e t1ane 1ti;COI I BOOK312 rAGC110 I I 1 - '" ~. ~. i:/,(.. .:.~, I,,'/\,: SUBDIVISION AND PLANNED UNIT DEVELOPMENT AGREEMENT ATTAaIIENT 3 CALLAHAN SUBDIVISION , d THIS AGREEMENT, made this 63 - day 1976, by and between THE CITY OF ASPEN, of ~a..,.-/ c7' COLORADO (hereinafter , sometimes called "City"), and_BENEDICT LAND & CATTLE COMPANY, FREDRIC BENEDICT and FABIENNE BENEDICT (hereinafter sometimes collectively called "the owner"), and ROBERT S. GOLDSAt1T or the assignee of Goldsamt (hereinaf~er sometimes called "the subdivider"). WI TN E SSE T H l ------- WHEREAS, the subdivider with the consent and approval of the owner has submitted to the City for approval, execution, and recordation, the final plat and development plan of a tract of land situated in the east one-half of Section 18, T. IDS, Range 84 west of the Sixth Principal Meridian, Aspen, Colorado, designated as Callahan Subdivision ("the plat"); and WHEREAS, said Plat encompasses land located within an area in the City zoned RR and R-15; and WHEREAS, the City has fully considered such Plat, the pro- posed development and the improvement of the land therein, and the burdens to be imposed upon other adjoining or neighboring properties by reason of the proposed development and improve- ment of land included in the Plat; and WHEREAS, the City is willing to approve, execute, and accept for recordation that Plat upon agreement of the owner and the subdivider to the matters hereinafter described, and subject to all the requirements, terms, and conditions of the City of Aspen Subdivision Regulations now in effect and other laws, rules and regulations as are applicable; and WHEREAS, the City has imposed conditions and requirements in connection with its approval, execution and acceptance for ~ .-- BOOK 312 rAG[ 111 recordation of the Plat, and that such matters are necessary to protect, promote, and enhance the public welfare, and WHEREAS, under the authority of Section 20-l6(c) of the Municipal Code of the City, the City is entitled to assurance that the matters hereinafter agreed to will be faithfully performed by the subdivider. NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained, and the approval, execution .and acceptance of the Plat for recerdation by the City, it is agreed as follows: 1. All references to lot numbers hereinafter set forth are as described on Sheet No. I of the Final Plat and Develop- ment Plan of the Callahan Subdivision ("Plat"). A. Fee simple title to Lots No. 13 and l3-A will be conveyed in undivided interests to the condominium owners, subject to existing easements and road and . utility easements contemplated by the Plat and additional utility easements as may be required. Lots No. 13 and l3-A will be used for condominium units. B. Lot No. l3-B shall be conveyed in fee simple to a corporation to be organized by the purchaser of such property from the owner or by such purchaser's assignee. Such corporation.is hereinafter referred to as "Holding Corporation". The Holding Corporation shall grant to all condominium and homesite owners a non-exclusive easement for the recreational use of Lot 13-B so long as such lot is not hereafter authorized for improvement or .commercial use by P.U.D. amendment or other appropriate governmental approval and shall grant such easements as are necessary for the roads and utilities reflected on the Plat. C. Lot No. 14 will be owned in fee simple title by the Holding Corporation or another corporation con- trolled by or under common control with the Holding ., ,-, ~. BOOK312 i'AG[1.12 Corporation or its or their assignees. The Benedict residence situated on this lot will be converted to a clubhouse. The owners of condominium and homesites will be granted an irrevocable non-exclusive license for passage by foot only, throughout those portions of Lot 14 on which there are no improvements currently or hereafter existing. D. Lots No. l4-A and 15 will be conveyed in fee simple title to the Holding C9rporation ora corporation controlled by or under common control with the Holding Corporation or its or their assignees. Lot 14-A will contain parking facilities for use of the clubhouse and recreational facilities contained in the ~lat, and Lot .15 will contain recreational facilities. E. Lots No. 1 through 10 shall be conveyed in fee simple title to the purchasers of these ten home- sites. Lot No. 10 is designated as a duplex for occupancy by two families; the other lots are for single-family homes. F. Lot No. 11 is designated as a single-family lot. G. Lots 12 and 12~A are collectively designated as a single-family lot. Lot 12-A is the guesthouse for Lot 12. H. Lot No. 16 is designated as an existing office building for such uses as have heretofore been approved by the City of Aspen. I. All roads as reflected on the Plat and the righ~s of way on which such roads are to be constructed shall be owned by the Holding Corporation or a corporation controlled by or under common control with the Holding -3- /""'.. ,.-." i . ATTACHMENT If r- I I I I I I BATH 2 _______J.. - - =]l! 01ALK-IN ': I, I ~ I LAUN. BEDRM I :-- REF UP : RANGE I KITCHEN/DINING o LIVING ROOM ~ATH II I' . , i I I I I I I I PATIO I I I I I I I --------~---Jd DE~K ABOVE BEDRM 2 LOT 12 A L00lER LEVEL FLOOR PLAN / ....;.",~h_; \ ,/'"/" ,.... / I '........-.____...\ 1//,// ::~:,;, I /.:~f':// !" I /?/' --'-"~"~ ~.'., f II' / I ! /"'- ....'..., ,I rt/) I I /"-.;, I :' / I I I ;'"" / , I <T'" i I I ,I I :' _",.Y / I \ ~;,? I / / LL,.,L.p, ,/ / I h I I / ._-_-_-_-"".........:_ I " \ , I / 11 ~-'c-l:.7..:>T,~:;.- \ I Ii:.... II! :\t /" .>: \ \ \ : I, \ \, I F i 1\1, _ .._""~ \ \ \. _ \. \ \ \ <.~; I I I I \ r--- \ " \ \ \, \' I q.., I! I I I \ \, \ \.....\ \~ ----.....0" ' ", ,,' .""" ',- ..,,- ////1///, \\,\\\ \, ,...x-" _'____ ~ ,l'-" ,/ ,! ,i I I I I . -"-- \ \ ,\ \ \ \. \ \ r, ______ is / I / ' ;/ --, \, '., \ " " .- t / ! / /:' j:' h/--------';~'::~-_>, \\" '\\~ ~>~/ '~~-~-..~ ~ ' :Ii//)' '\\1 . .--, I ' ",, " " \. " '-- / / I ~\ i ill{/r' '~\,'\." \.,\ "'-:., ~ \ i /\. ~ ' / ,Ii! " , , , \ ' I, V . I : I, ':: ! i \ I" '" "', z" \ : i". j' , \ " \ \ \\\, \ "-""'>'~' "'- \ i '" II \, \, " \ \\,', \., '" \, .................~s", 1-" iP ~ Xl~E; '5~ ("" " Ii" , ~'\:\~ ll~'\ '~j'~i',;i ') / / ! ) Oi! ~.. \ tl~::, l_" ~ \, \ "e i ~~~~~~~~~~~ " / / ! I ! I I I ~ '> \ \\~\ ',~ \ \ ~: , 3~~~~~~9~~' / !!; ill! I! " '\II i i \" ' '""'!""'~ ~p. , / , ': 1/ j , I I' ,,,I Z I I 'I 8t -:I""t-' Q.0i<:~ ,-n_...._,,,=;/ / ;' 1 i!! / ! I, I, '\\(:o;! I, l_ 'f I i~~~~~~~05~ ' ,/ / , ! I Ii, , / I" \ ,~< \',__ , ~ ~ .~~"-I b~pi'( i)~~~ --, / / / ,-" /,n,,,, \\ ; -~ l,::c<> '" " , ~'~!l' I, '~<>;;;;~i!~f!!t{, j) ""::~~~i1 " B~~~ ~~;-~; i'!iJ'7>i/""-\~,~~IJJ!! -:--_~~;--'o;/O~;;';-:;Hl~~~{~~~~~~;~,:::;,/ " Ii --/ ...."1':.;<><,- - -. ~--_-c._~__ --=-- " 0 ,. ~\ . Ei .-----___" '\',-.'....... ............. /" .--- ,,,, --"--'=-:-"'--:-- --~-...::- ~\ ' I .,- , l '- ,_ ',_ '________ ~~~:;=:" \\1\\\((>" '::c:~~ -', '- -. . / I '" "_ )'.... , , __"" "___---- :.:--;...:>/~.-- / / ./ , ) 'I \ "~" ,'___ '" )) . "__-,--- , . -~ ~/ , ~ I -- / ( ",' -- .,,~. , , / '_', ROAD', ,- ,,- I --, ',., ,---- --''''- , '" . __. __ . ""'I:: -- -- " ) // ....... '" ----,,"'- '/ " ,- ~ " ~ /, -- n "" ',' -/ --', 'O-~- " I'D':"""'.., c:::::s;:-: _____) -- / " /' .. ....' A.oo,o;'t-.~ , . .'.,_ ~ 1-.:??~;fL .....lI.h.., _____-"i.,----- .,! ------------,' -~ / - ~ -'- - ., , ,r ~' -- <<9' " ", . .""'_ .. , ~ " \'-' ,/, -" . r''''~' __,; ,____,-' \ ( ?, \ ' \ '--., --. . ~~\f.;.\<' , ^~ , ~ ,/ , , t> , \ '~"---- ~.',j:l'''%f1~ ! .' ,.~.. ._. \ ,/ L: 1J~ ~ _--_~, \- ~' .' >"ire ( .' : ),;/(\' '';'" ~_ ------- ~'" \,,:, ." """ \. \ -" \ . -," \ J .;.-'" \' .. 1: \ '~~"'." ...."...". 1\....' t '~ '\ > ,,,..... f,~ \.~ ", Cl ZI :\" /' \...~ \\ .. IrJj . '\,. ".~\ \ ,'l'. ,~ I"~ .~, .1';.. \'.~ \, - '~, '\ \ '''.;' \1 I i --'':::-'' " --,,' ,;~ " "'iI II I "<>--- <'0. ,1('(1' ~',<"\t\', \\~'~ f!t! -"-<~, Clv ~' , (" "'.', .i!"! j~F~~'"" '';~:. \,<, \" i~.' \\~, \ /: Ie !I~. """'...:..""" --'r l"""'" ", I I ,\ ,~~ ~\. I, I, go. - - .' 'z_ " , . "" ",.,. R! "'" " , '\,' .... i, :" I I [! ", "I "", \ , \ '\ :1\. I' \ ., .::'~'~~ Si (.,_.~>~ '-',< \~'\ -'~J\ \'l!; II \ l~ ;~ i -"""".". ""'-. " ~ :.:....._.\ \. i\:" 1,\, \~ }~ I , '" :,;. ., '~i} ......"Ii ,....--:n~.'<>. "", 'I :-~J 1'1. '\\ \\ i' .,n . " " I, . , ~ ."'", .... 0 ". "'., '\' ~Il.. ::~ '.'.f: ' ',' /..,' '''':"''''~'\' \, "~..- '~Ce& 'I' \ .. '\'.' o~ " , ". -" I .,. . ..~..., J' ',~/,"', \ , .;.~ t",' ;:.~)~, .?i. \ !.. -"'}e,.\ , " .. _ " el ''''~, .0, / / -------'. '\'" '. ''I, a-, \.. ,. \ <" I' ""-' I \ 1\'\" "'l^ ,,,-- , '\ 4" .' Ii , ., I, , " "-,'i "-.-.L--- _, .~, " -. , ", """"', \ ,'0'\, " ., 'I f"" ~i Cl I '\~"""'''''''''-''-,'\ ~ 'f.".::, '. r' 1\,'\ \ lIe 8r iJ"'~. 3: ",' >i:\:~'" "r~ .,. , " \" I", P;V \\,~ ~I V" ,.\';2f,'j iii j ( " " ~<,r "II" ) " 1"1~ \!) 'Iil ~. / ' \. ,\:"'0-<0 I, 1\!,llr III! (.'<;1lc, ~~:'~) ~ 'li~11 \ "'S /f, '1 I ! : " 0,,", Z II '~:u.""\'\:,\\ ( / V A \. (8rl~! ;{~~~ ~ ~hl te" ~ ''. '. , " : ill, I: '" 0tJ~ ~?~9 ~ db .,\ he. '. ,', ,,' ,,\. :\' ':: ~: I,i II I).r" j!li C', loll ~ . \' . \';\, ' ' " \:: I: I ,Iii '\ ~c \'. \",., ! ,. " IIV ': .. , II!! ' ,\.... .~ ;'1 . ,~ / ,,-"""" / ~ , or- / f / . / / ,/ / //----JId/ / ~/ ~"'\. J / '~0/) /" ....---:: // , -----"'" d;-to-j[IV J ~,i ~). ./1'1 I II I' ,-. \., '\ \ i 1\ . ii". /./i .~ !~ ! I I ~ ~'; ~ r), ~)~;: 5;~' ~,; l6 37 ig :-1. r:';J c;;. (;1 2.9 -J'j ~?;f f1b , 'f) > ~ ~ o < t' i " 'K k ~ "' . ~ 6 " ,8, " ,.' ~" fi '~,...~;,;~"" el - .~ ~ {, ,'I -',tl '("j :I:r, ~ !! ~i{; 'il ~c .~~ ~~$ ~~~, ZD~ ~~b '~~5 ;;; ~ ~~ ~~ ~p ~~ ;l~ ." j .0 ~, 00 r. a~ ...r-: II t1U\.CUO-C:UUU IUC. U,J.;;c. fll rt1fl. I'tV. r. Ul 1"""'\ ,'-", A1 rAallENT In CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY' PLANNRR: Nick Lelack, 920-5095 DATE: 8/8/00 PROJECT: Callahan Subdivision/Planned Unit Development Insubstantial Amendment REPRESENTATIVES: Alice Davis OWNER: Barbal'll Fleck LOCATION: Callahan Subdivision Lots 12 & l2A TYPE OF APPLICATION: Insubstantial PUD Amendment DESCRIPTION: Thc PUIJlose of this amendment is to C1arifylhat Lots 12 and 12A arc one .Iot for the PUlJlose of a single family residence and guesthouse. The amendment shall establish dimensions for the lot, including, but not limited to. allocated floor area for the single family house on Lot 12 alId guestholl~e on Lot 12A, height, and access, Land Use Code Semon(s) to Addres~ in Application: Section 26.445.100(A): PUD Insubstantial Amendments . Review by; Community Developmellt Director Publk Hearing: No Referral Agencies: None Planning Deposit: $480 Total Deposit: $480 To apply, submit one (J) copy of the fOllowing information: (Also see Section 26.304.030, Application and Fees) I. Contained within a letter signed by the applicant, the applicant's name, address and telephone number, and the name, address, and telephone number of any representative authorized to act on behalf of the applicant. 2. The street address, legal description, and parcel identification number of the property proposed for development. 3. A diselosllre of ownership of the parcel proposed for development, consisting of a current ccrti ficatc from a Title insurance company, or attorney licensed to praclice in the State of Colorado, Jj~1ing the names of all owners of the property, and all mortgages, judgments, liens, casements, contracts and I1U\J-UO-C:UUU IUC. UV.;;C. fU r>, rnll. I'tV. r. U~ .-" agreements affecting the parcel, and demonstrating the owner's right 10 apply for the Development Application. 4. An 8 1/2" x II" vicinity map locating the subject parcel within the City of Aspen. 5. A 24" by 36" Site Improvement Survey depicting: a) Existing natural and man-made sile fealures. b) Existing topography and categori;f.ation () f site slopes falling within the thresholds described in General Provisions, Section 26.445.040. c) All legal easements and restrictions. d) Building envelopes for Lots 12 and 12A. 6. A detailed description and site plan of thc proposed amendment and development including a statement of the objectives to be achieved by the PUD amendment and a description of the proposed land uses, densities, natural features, vehicular llecess to Lots 12 and I2A. open space areas, off-street parking, and site drainage. Site plan at I" '" 10'. Show topography of the subject site with 2' contours. 7. A deSCription of the dimensional requirements requested to be established through the review. 8. A written response to each of the Insubstantial PUD Amendment review criteria. * The foregoing summary is adVisory only and is not binding on the City. The opinions contained herein are based on current zoning and regulations, which are subject to change in the future, and upon factual representations that mayor may not be accurate. The summary does not, in any way, create a legal or vested right. ^ 1""", ATTACtIIENT . 1 Barbara Fleck 1407 Crystal Lake Road Aspen, Colorado 81611 (970) 925-8515 August 10, 2000 Julie Ann Woods Nick Lelack city of Aspen Community Development Department 130 South Galena Street Aspen, CO. 81611 RE: Authorization to R~present Dear Julie Ann and Nick: As the owner of Lots 12 and 12A of the Callahan Subdivision and Planned Unit Development, I authorize Davis Horn Incorporated to submit a land use application for this property on my behalf and to represent me in the land use review process. At this time, an application for an insubstantial PUD amendment and for an Accessory Dwelling Unit are to be requested. Alice Davis of Davis Horn Inc. will be the project manager and can be reached at (970) 925-6587. The address of Davis Horn Inc. is 215 South Monarch Street suite 104, Aspen Colorado. Please call if you have any questions regarding this authorization. Sincerely, B BARA FLECK owner, Lot 12 and 12A Callahan Subdivision/PUD vnl\-l!-c.UUU iUe UO'C':;; rll rHh flU. r. UO .'-'" i-'" AlTACfIIENT A ASPENIPITKIN COMMUNITY DEVELOPMENT DEPARTMENT ~r.ement for Pnyment of City or Aspen Development AI)plication Fcc! CITY OF ASPEN (hereinafter CITY) and 601 txx r"- F"' I (! ck (hereinafter APPLICANT) AGREE AS FOl-LOWS: APPLICANTha.< submiucd 10 ClIY an application for . JJlsvb-rran-flC( ( (hereinafter, THE PROIECn. \. A~nrnJJIlle()+ -to c< PUD 2. APPLICANT undcrslatlds and agl..es that City of Aspen Ordinance No. 49 (Series of 1998) cSlablishcs . fee stnlcmre for Land Use application, anu the payment of all processing fees is a condition precedent to a detennination of appJiClllion completeness. 3. APPLICANT and CITY agree that because oftbe size, nanll.. or scope oflbe proposed project. it is not possible at lhis time to ascertain the full extent of the COSlS involvcd in processing the application. APPLICANT and CITY funher agree that it is in thc inletest of the panics that APPJ.lCANT make payment of an inilial deposit and to thereafter .pennit additional costs 10 be billed to API'LICANT on a monthly basis. APPLICANT agrees addilional eoslS may accrue following their bearings andlor approvals. APPLICANT agrees he will .be benetired by I'lllllining Gl'eater cash liquidity anu will make additional payments upon notification by thc CITY when they are necessary as COSlS arc incurred. CHY agrees it will be benefited through the grclUcr ccrtainty of recovering ilS full costs to process APPLICANT'S application. 4. CITY and APPLICANT funber agree that it is impracticable fOl' CITY staff to complete processing or present suOicicnr infonnation to the Planning Commission and/or eily Council to enable rhe Planning Commission aud/or City Council to make legally required findinss for pl'Oject consideration, unl"". Current bilJiogs arc paid in full prior ro decision. S. Therefol'll, APPLICANT agrees lhat in considel'atiou of the CITY's waiver of it.~ right 10 collect full fees prior to a delemlulotiou of application compleLCncss, APPLlCAN'I' shall pay an initial deposit in the amounr ofs which is for hours of Community Development starr limc, and if actual tccorded costs exceed the initial deposit, APPUCANT shall paY additional monthly billings to CITY to ,..unburse the CITY ror Ihe processiog of the application mentioned above, including post approval review. Such pcriodic payments shall be made wilhin 30 days of rhe billiug date. APPI.JCANT further agrees that failure to pay such accrued COSIS shall be Grounds for su.'pension of proecssing, and in no case will building pennits be issued until oil COSL, associated wilh ease processulG I,.ve been paid. CITY OF ASPEN APPLICANT By: Julie Ann Woods Commullity Development Director ~~wJ~t('~~ Date: rj - IS-DO Mailing Address: g:\'upport\rormslagrpayas.doc 12127/99 <-~ I -> Account I _ 01 Mine? I (j I Twr"""'>. r) I Blk/Lo!J I) rCond~ Ij I Mobile? I 'Nele.? 10 . Account (J Parcel (j. Name (~Situ W~~~. .., ~ N Owner Name/Address ~ Legal Description ~ FLECK BARBARA SUB:CALLAHAN LOT:12 8; LOT:12A 1407 CRYSTAL LAKE RD BK:0312 PG:O 112 BK:0737 PG :0062 ASPEN CO B1611 R008466 Yeer Di8trict 2000 066 Ap, Diet St A Parcel Number Seq Business, Name CZJ Nome CZJ Tax Items 0 Protest, (TJ CZJ CAMA IAI 0 Situs 0 ere/Sue 0 Mobile Auth 0 0 Mobile 0 Remarks 0 0 Oil and Gas Value 0 Iract 0 Tax Sele 0 Condo 0 Spec Asm 0 Stete Asd 0 Block 0 Mines 0 Control Statement 0 Sales 0 Sibling 0 History Receipting 0 Mise (M) 0 Flags Create Bill Current Vear Prior Version Go To Imaging Prior Year Ne(x)t Version Abatement Next Yea, Clerk's Doc's Property Card Update Clear Exit ATTACHMENT-1- I _.. o t~)~/ PJ. r-. ,.-, I " 9" # ) ~ fill" . ..". ....... ij1iIIIIUi!!l ! 11111'11 < C, ::> -' V 3 ;;:> \) ~ I [0 1;; -a ~ ... n, 01 51 ~! o o r"'" .~ tv,,,k E~H,~,r A ,. Davis HomIn<;. PLANNING & REAL ESTATE CONSULTING July 19, 2000 Chris Bendon and Nick Lelack Aspen Pitkin County Community Development 130 South Galena Street Aspen, CO. 81611 RE: The Fleck Property; Callahan SubdivisionIPUD Lot 12 and Lot 12A Dear Chris and Nick: As suggested in a meeting with Chris Bendon on Thursday July 6, 2000, we are writing this letter on behalf of Barbara Fleck, the owner, to request an interpretation from the Community Development Department pertaining to Lots 12 and 12A of the Callahan SubdivisionIPUD. Specifically, we are requesting written confirmation that Lot 12 and Lot 12A of Callahan SubdivisionIPUD are two separate lots for the purposes of calculating floor area and for applying all other pertinent Code regulations. This letter will present a historical perspective ofland use issues pertaining to the Callahan SubdivisionsIPUD. An understanding of this background is a critical consideration in determining the applicability of floor area requirements to Callahan Subdivision Lots 12 and 12k Any interpretation pertaining to these lots must be made within the context of this historical perspective. After reviewing the historical record, interviewing persons involved in the original approvals and reviewing various staff interpretations, we believe that these two lots should be considered as one for floor area calculation purposes. This interpretation is the only fair and just interpretation given the history of the properties. The facts as set forth in this letter present an adequate rationale and justification for the interpretation that Lots 12 and 12A continue to be considered as two separate lots. As part of this research we have reviewed City Council minutes, Planning and Zoning Commission minutes, approval documents and staff memoranda related to the original Callahan SubdivisionIPUD approvals in 1975 and 1976. We have also had. discussions with people actually involved in the Callahan approvals in 1975-1976. These include: ..... . Bill Kane, former Aspen Pitkin County Planning Director and the Callahan SubdivisionIPUD project planner for the City during the approval process; . Andy Hecht, attorney for the developer of the Callahan SubdivisionIPUD who processed the land use application on behalf of the developer and the Benedicts, -1- AliCE DAVIS. AICP I GLENN HORN. A1CP 215 SOUTH MONARCH S1 . SUITE 104 . ASPEN. COLORADO 81611 . 970/925-6587' FAl<' 970/925-5180 -, ,-., the actual owners of the land which became the Callahan SudivisionIPUD; . Nick McGrath, a past and present attorney for the Benedicts who has worked extensively on various aspects of the property; . Pat Maddalone, the Benedict family's business manager and representative who supervised the planning and approval process for the Callahan SubdivisionIPUD in 1975-1976 on behalf of the Benedicts; . Krystal Glenn, an employee of the Benedicts for 14 years for whom the guesthouse was intended when it was built; . Jessica Benedict Gordon, daughter of Fritz and Fabi Benedict who owned Lots 12 and 12A for about seven years prior to the sale to the current owner, Barbara Fleck; . Alan Richman, a land use planning consultant for the Benedicts who has researched the development potential of Lots 12 and 12A; and . Brooke Peterson, attorney for Barbara Fleck, the current property owner, who has researched various aspects of the property including the development potential of the two lots. The following infonnation supports the conclusion that Lots 12 and 12A should be considered as two separate lots for detennining floor area and other Code regulations. (1) Lot 12 and 12A were legally described as two separate lots and were approved with two separate building envelopes. The two separate building envelopes reflect separate setbacks, with setbacks being a zone district dimensional requirement of the City Land Use Code similar to a floor area ratio. Both of the lots as platted are similar in size to the other lots in the Callahan SubdivisionIPUD. (2) In all the approval documents, staff memos, City Council and P&Z minutes, the Callahan SubdivisionIPUD is described and summarized as containing 12 single family lots and one duplex lot. The 12 lots are listed in all the these documents several times as Lots #1 through #9, Lot #11, Lot #12 and Lot #12A. Lot #10 is the duplex lot. Lot 12 and Lot 12A are listed as separate lots. If Lot 12 and 12A were counted as one lot, there would only be 11 single family lots and all documents and records show 12 single family lots. Bill Kane, Pat Maddalone, Jessica Benedict Gordon and Andy Hecht all remember that 12 single family lots were approved and that Lots 12 and 12A were always legally described and considered two separate lots as the plat shows. Please refer to Attachment I, a Site Data Tabulation chart which is an exhibit to the approval documents for the Callahan SubdivisionIPUD. -2- , 1', -., f""'"'\ (3) Pat Maddalone, Jessica Benedict Gordon and Bill Kane also remember that the guesthouse and requirement that the lots be sold together was the idea of the Benedicts and Pat Maddalone as a compromise in establishing the density for the Subdivision. Originally around 34 lots were proposed for the Callahan Subdivision, but the approval process cut back the total number of lots to 12, with one lot being established as a guesthouse because the Benedicts had a use in mind for the guesthouse and did not mind a restriction that required Lots 12 and 12A to be sold together.. George and Krystal Glenn, long time employees of the Benedicts, were to live in the guesthouse and it was planned and approved with them in mind. They eventually retired from work with the Benedicts due to health reasons, before they could move in. Still, the Benedicts knew there would always be a similar couple to live in the guesthouse and for this reason they agreed to and even encouraged the guesthouse restriction. Krystal Glenn now lives in Parachute and was interviewed for this research. Bill Kane, Pat Maddalone and Jessica Benedict Gordon all concur that the guesthouse was approved to make the 12 unit density more acceptable to the City and because the Benedicts liked the idea of having a guesthouse. The Benedicts were generous people who encouraged the guesthouse restriction at the expense of a free market unit as they knew they could always use this house not only for guests and family members, but for their employees, other community employees, music students, extended family, etc. Over the years, the house has actually been used for such purposes. (4). The approved, recorded Callahan SubdivisionIPUD plat shows that Lots 12 and 12A are two separate, legal lots and have been since they were created in 1976. The Subdivision and PUD Agreement between the developer and the City of Aspen also refers to both Lots 12 and 12A. With both the plat and agreement identifying two lots, everyone (including various owners, planners, attorneys, architects and surveyors) has always understood that the floor area for each lot would be calculated separately, especially given that there was no floor area regulation in existence at the time the Subdivision was created. (5) Item 1G of the Callahan SubdivisionIPUD agreement reads as follows: "Lots 12 and 12A are collectively designated as a single-family lot. Lot 12A is the guesthouse for Lot 12" According to those involved, the original intent of item 1 G in the SubdivisionIPUD agreement was to address what uses could be developed on the properties. Item 1 G was to prevent two free market single family homes from being built, one on each lot. It identified permitted uses as one single family house (Lot 12) and one guesthouse (Lot 12A) to always be sold together. Minutes and staff memos indicate that Item IG in the Callahan SubdivisionIPUD agreement was first drafted as follows: "Lots 12 and 12A are designated as single family lots with a guesthouse." No discussion of why this draft language was changed was found in the minutes. As first drafted, the language was misleading because it indicated that two free market houses, each with a guesthouse, would be allowed. The language appears to have been changed to make -3- " ~ ~ the restriction more clear as to what uses were allowed, one free market lot (Lot 12) and one lot with a guesthouse (Lot 12A). This strengthens the argument that the original intent of the restriction was to deal with what uses were to be developed on the parcels, not the application of Code requirements such as a floor area ratio. (6) There were no floor area requirements in the applicable R-15 zone district or any residential zone districts in the City of Aspen when the final approvals were given for the Callahan SubdivisionIPUD on February 23, 1976. Iffloor area ratios did not exist, then the original intent of any condition of approval could not have applied to floor area. This means that Item 1 G of the Subdivision PUD Agreement quoted in #5 above would not apply to a floor area requirement since such a requirement did not exist. Floor area was not an issue in the entire approval process for the 12 single family lots in the Callahan Subdivision according to Bill Kane, Jessica Benedict Gordon, Andy Hecht, Pat Maddalone and the Council and P&Z minutes. According to these sources, size and floor area were discussed as part of the approval process for the condominiums in the Aspen Club which were a part of the Callahan PUD, but not for the single family lots. Therefore, we believe nothing in the 1976 approval documents pertaining to the subject lots 12 and 12A or any other Callahan single family lot, was intended to apply to floor area regulations. Please refer to Attachment 2, a copy of the area and bulk requirements in effect at the time of the Callahan approvals in 1976 for the applicable R-15 zone district. This table shows there was no floor area requirement in the R-15 zone at that time. Kathryn Koch, City Clerk verified this and found that the first residential floor area regulations came into effect under Ordinance 11 of 1982. (In 1976 the RMF zone district had a 1:1 floor area ratio for office and boarding house uses only.) (7) Several interpretations have been made over the past one and a half years by the Community Development Department indicating to the owners of Lot 12 and 12A and the owner's representatives, that Lots 12 and 12A can be considered as two separate lots. These interpretations have been relied upon by all concerned. On several occasions we were told that Lots 12 and 12A could be considered as two separate lots, as long as we were consistent and did not consider them as one lot for one regulation and two lots for another. These interpretations were not in writing, but were verbal answers to various questions asked of the Community Development Department over time in discussions regarding the following issues: . The Stream Margin Amendment process for Lot 12; . The potential redevelopment of Lot 12A at some point in the future; . The ADD for Lot 12 being located on the contiguous Lot 12A; . The ADD required for a growth management exemption for Lot 12 and the possibility that it could be located in the home on Lot 12A; . The guesthouse restriction for Lot 12A; -4- .~ ~ . How a lot line adjustment between Lots 12 and l2A could not affect (increase or decrease) the floor area allowed on the two lots; and . A variance from the secondary mass Design Review Standard. Although all of these discussions determined that the lots could be considered as two separate lots, the issue of floor area was specifically mentioned in a few of these instances. These include the Stream Margin Amendment Review when an attempt was made to establish the allowable floor area, during the discussion on a lot line adjustment's affect on floor area and when it was asked whether we could consider the lots one large lot for secondary mass purposes and still consider them as two lots for floor area calculations. Several times the Community Development Department reiterated that we could not mix interpretations, but we should stick to one interpretation. As long as we were consistent, we could use whichever interpretation was most beneficial. At no time over the past one and a half years or even since the lots were approved in 1976 was it ever indicated by the Community Development Department that the lots could not be considered as two separate lots. Given this Community Development Department position, the present owner has considered the lots as two separate lots for its planning purposes. The possibility of considering the lots as one larger lot was first brought up by the Community Development Department in mid June, 2000 after years of planning and expense based upon the two lot interpretations. (8) John Case as attorney for Jessica Benedict Gordon, the previous owner of Lots 12 and 12A, wrote a letter to the City asking for clarification of the meaning of "certain limitations of record regarding these lots" including Item lG in the Callahan SubdivisionIPUD agreement. Item IG deals with the guesthouse requirement and the requirement that the two lots to be sold as one. (See #5 on page 3 which quotes Item 1G from the agreement.) In the. Community Development Department's letter responding to the. request for clarification ofItem 1G, there was no mention ofItem 1 G applying to floor area requirements or any other dimensional requirement. Please refer to Attachment 3, this clarification letter from Stan Clausen to John Case. Also attached is John Case's letter requesting clarification of the limitations of record. According to Jessica Benedict Gordon, one of the purposes of having John Case ask for this clarification letter from the Community Development Department, was to determine if the lots could be considered two for floor area purposes. There was no mention in Stan Clausen's clarification letter that the lots could not be considered as two separate lots, but Stan's letter definitely implies that they could be considered as two lots when he states "it appears that Lot 12 and 12A were platted as individual lots". (9) The Community Development Department has considered Lots 12 and 12A as two separate lots. This gives reliance not only to the owners and their representatives, but to the public that the lots are separate, legal lots which would have floor area ratios applied separately. -5- ~ .- . , For example, only Lot 12 was included in the Stream Margin Review Amendment in 1999. The approval document is titled "Lot 12, Callahan Subdivision, Stream Margin Review Amendment". Lot 12A was not included. Therefore Code provisions pertaining to Stream Margin were applied to Lot 12, separate from Lot 12A. It would be consistent to apply all provisions of the Code to each of the two lots. Also, the Community Development Department considered the lots separately in 1976 during the original Stream Margin Review for Lot i2 and the other Callahan lots with river frontage, while Lot 12A and the other lots without river frontage were not part ofthe Stream Margin Review. The two approved building envelopes also have given the owners r~liance that the City considers these lots as two for purposes of development. The building envelopes were approved in 1976 and again in 1999 for Lot 12. The letter from Stan Clausen, formerly ofthe Community Development Department, clarifYing the guesthouse restriction for John Case, attorney for the property owners, indicates that "it appears that Lots 12 and 12A were platted as individual lots". Individual platted lots implies individual floor area calculations. (10) In the Stream Margin Amendment approval document, the summary states "The "guesthouse" does not affect the primary use or density of the property as a single family residence." If the guesthousedoes not affect the primary USe (the main residence on Lot 12) then the floor area should be calculated on each of the two separate lots so that the guesthouse does not affect the primary use. Considering them as one lot would dramatically affect the primary single family use of the property. (11) The Stream Margin Amendment approval includes the following Condition #1: "1. The areas within Lots 12 and 12A described as "limit of proposed building site" on sheet 3 of the Final Plat and Development Plan for the Callahan Subdivision shall be the building envelopes for the respective parcels. The lots may be developed in conformance with the Moderate Density Residential (R-IS) Zone District provisions, as amended. "... This clearly suggests that the two can be developed as separate, respective parcels according to the provisions of the R-IS zone district (such as the floor area requirement). During this 1999 Stream Margin Amendment process when we were trying to clear up all the . issues pertaining to the subject properties, the owner/applicant was not asked to clear up any ambigUities regarding the status of the lots. When We attempted to add in a condition to the Stream Margin Amendment approval regarding the floor area, it was removed as it was inappropriate to give a specific number for the allowable floor area in a condition of approval. It is our understanding that this Condition #1 to the Stream Margin Amendment approval (" The lots may be developed in conformance with the Moderate Density Residential (R-IS) Zone -6- 1"'-\ ,......., District provisions, as amended.") was added to the approval in order to state that the lots were two respective lots for applying the provisions ofthe.R-15 zone district, including the floor area ratio, instead of stating a specific allowable floor area. (12) The owners of Lot 12 and 12A (past and.current) have all relied upon the lots being considered two separate lots. The original owners Fritz and Fabi Benedict, Jesse Benedict Gordon their daughter who owned the property after the Benedicts and their many consultants (including several land use planners, attorneys, realtors and the property surveyors), and the current owners and their consultants, have been operating over the years under the belief that the two legal lots are considered two for the purposes of calculating floor area. In the many years of owning or working on various aspects of the property, no one has come across an interpretation by the City or anyone else that these two platted lots have to be considered as one and should not be considered as two lots for the purposes of calculating floor area. The property was part of a very thorough City SubdivisionIPUD and Stream Margin review in 1975-76 when all applicable existing City regulations were applied to Lots 12 and 12A and to the rest of the lots in the Callahan SubdivisionIPUD. No approval document from this extensive review mentions that these two platted lots cannot be considered as two for purposes of applying area and bulk requirements (setbacks, height, minimum lot size, lot width, etc., now referred to as dimensional requirements and now including a floor area ratio adopted in 1982.) In 1998 and again in 1999 when this property was extensively investigated by two different owners and two separate groups of consultants, no one was ever told by City staff that Lots 12 and 12A had to be considered as one lot for floor area purposes, but all were told that they could be considered as two lots for floor area calculation purposes and for the application of other Code regulations. The suggestion that the lots might be considered as one for floor area calculation purposes was first heard by the owners' architects, (Jeffrey Hancock of Trown and Associates) from City Planner Nick Lelack in mid June, 2000 after years of reliance on the interpretation that they could be considered as two lots for floor area calculations purposes. In summary, history, original intent, various staff interpretations, reliance and fairness are all reasons to confirm the position that these two legal lots be considered as two for purposes of calculating floor area and other Code requirements. There is no adverse impact, disadvantage or precedent to making this interpretation which would be contrary to the public good. The two lots are similar in size to the other lots in the neighborhood. The proposed improvements on Lot 12 would not be visible from nearby Highway 82 and in fact, the improvements would barely be visible by anyone except people in one adjacent home. The home on Lot 12 would be within the height and floor area limitation of the R-15 zone district for a lot the size of Lot 12 and would be within the boundaries of the small building envelope approved for Lot 12 in 1976 and again in 1999. The existing guesthouse on Lot 12A complies with the provisions of the R-15 zone district and any future changes to the guesthouse would as well. -7- ~. ,.-, Thank you for your consideration of this matter. Please let me know if you would like us to attend a staff meeting on this issue or if you need any further information. We look forward to your response. Sincerely, DAVIS HORN INCORPORATED 0Au- QcwUv ALICE DAVIS AICP cc: Barbara Fleck Brooke Peterson Jeffrey Hancock -8- .... ,-, ,-\ ~I ... '" N N . . . . .. .. .. .. ~ ... ... ... ... .. . . . . .... ll' ll' ll' ll' .. .. .. .. .. i ~I u 0 0 0 .. .... 0 .. ... ~ 0 '" 0 a. '" '" ... '" 0 '" N '" ~ ... N .... N ~ '" ... 'C :~ U'" 0 ....... 0 ..... '" 0 ..... .... Oa. ... N . . .. .. .. "'C: ... ... .... ";'UI~ . . ll' ll' ....0 .. .. ~ "'0 O"a. 0 0 .... ....... 0 0 ... "'U" ... 0 U U '" ... . e: 0 .... .... .......0 ... '" .<:r.. ... ... ...-.., '" .... . . . .. .. .. '" '" '" :2: . . . 0 ll' ll' lJ' .... .. .. ... ~ .0 ~I '" ..: '" 0 0 0 ..: " " ...... '" 0 0 0 ....0 ........ . ... ... 0 ~ III U.<: ...... N . . ES ... ... N III .... E ~ . . .. .. ..: '" '" l'l . . tl lJ' lJ' .. .. .... .. VI .. ... '" 0 0 ~~ ..: '" .... ... '" ...... '" .... 0 '" 00 ........ . 0 . f'.<: ...... '" '" N ... ... N ... ..: I N ... .... . - .. il ... '" .c: . 0 '" lJ' .... " N .. ... 0 .... ~ - 0 .. .... 0 0 .. '" 0 =- ....0 ... ~ ~ ~ ............ '" ... ...-- '" .... .... .... l2l' ..:2: :2: .. 0 .. 0 .. '" "'.., .... .. .... e: .. .. " . >- " .. .. 0 0 .... > > c: .... . 0 0'" . . m .. u u .. .. .... '" . '" ... .. 3 '" .. .. ... .. u a ..,'" ..,u . '" ... ... a .. l< 0 ll' ..e: .. tJ'e: 1l'C: .. .... .... .. 0 .. "'.... "'.. ...... .... a. c '" .... .. 'tl .... .., . m .. .... c a. 'tl .. ..... . c: ..... .. '" a .... " .. '" l<.... l< C )<'... l< .. 0 .. .. .., .0 .. 0" 0" 0" 0" " .. ...0 ........ ...0 ".0 ... ... . .. a. a. 0 a. a. 0 u 0 0 0 > "'... "'... 0 "'''' "'... .... ..: z l2l z .c .co .co'" .co .co J1 ~~- ~ . .3' . ~ . ~I = 1-'f ~ ~ ~A1 ::> ~ ~ e 'C ~ ,-.. .,~. .'i_~i.';';': !#i;:::,;:-;" . ~ . a ~ .. AN " .. .. . ~ N " . ~A . .. .~ " .. . ... .. - ~ ... . ;:; 9 ~ .. ... ... ~ .0 ,; , . . ':i ... .. I .. B. .. . . .. .. . . N ... .. u u i. _0. . . . g .. .".. 0 . ~ U .'" . N N . N .. ~. . .. ~..,.. .. .. .... . 0 .." .u ~~ . . . ...... u. ... . . . . . . N ~.. ...c . _1II1a c,.; N ..... " o~ ~ .. 100 t......N'"'=tI~ ... ..' N .. .co loo:rloo.'U ... ... .. ~ .u.a .. VlCI:E1D <ltQIn II I '''ON ~c . . 8 ~ a goooog~ ...... .... . IOcca u.. ... ~ ~8..~~ o. 0."'.0'" . .. .... .... ... i e .. ~ ~~~"'::~~,~ g .. ...... u... U ..::Ie U ::lion ... 0'" "'eft..,.., ..f"t......""'t"'lEl)CUI .,A"'<0IlI'" .. ~. 0 , :! .. .".. . . 'll . . . , , .., . .. , G. O'>OCl . . .. . .. .. ~ tJlP'4 U tJlc: kM . ... .. ... C"" U 1;.... 0 I . , .. II 1;l , " .... lit Ill....... VJ .... u.. .. a... u c .~ . . . "':t '0.... ~ 1tI ......... . . ... " =.. =.. ".. ...."O'O....Glalt71 ... .. . .... . .. .... . .... c....): u c: ::'"'1::: ...... " . "" .... ".. ::r,IJIll::fa u.... c . . .. .... .." ..~ ,go. .Q <'0 ::l u" = ... . , .... .... N'" ~~ ~ .... . QQ co . . ... . . ..... &. ~ U 0';'0 ..... ... u.... .. UCIlI ... .N ...)C c: tot"'''''::f ~=.:nn~A ~~ . c..... Ot "'-'" " .. " . I I " .. , .. . . . . 0 ".. ".. ".. .:. 1 . ... ~ .. .. . ~ I g" gg .... ... " .. ..g . ~.. . ~ . . .... lu! ...... . = , ." . co 0'; ... i , .~ N'" i .. . . ....... ;s .. .. ..oo .. ~~ . .. . ... ..,.u>.uCP .. " , .. ..... l\lI.... O'f'l U = .. 9 ~. e"'r . , ." 9:; .. .. .. .. " . .. lIlIlII 9 1W VII .. . .. ... ~ . ~~ . . IS J: a. III lit.... . ..... ,.,...."... .. 1 lID...... l:l::l . . III I Ili ".. =w,IJ..!o.~ ".. ~... a 1 ...,a 0 ...........0 ... . . ~ ... aoQ..aJCQ . gg ggif.....Sgf.... ..~ . :=:. II II 11;0.,'" 0. ..... .. ~... .".. Illl... ....CI:l1 cO"O)C E" 0 ... . .... U c: 1:1 Q I .. . .. = ,;,;: .. ..,....cu lI1\1.f ::lU u...... III ~~t'Q.lIl...o5 i .a t:lo..-a... II. ~ , . .... .. .......... , ,oo ==l]!g; . 0. I.l:::il c:.... 1II11l .. " ~5l!;g Dt'tlOOIll'tl ~ .. . ~ . U .. ~. ... ... ~ ... ... . . ... . ~ ~ '3 , " .. .. ...0 >.." ~ .. .. :;l . ......... .. ~ . 0 .,; .; ..., . , u . ~ . . ....IIOU. .. ::.s~,g u ... . . ~ . {l ~.... . .. .. ~ ",1lJ.... . = a- .". ~ . ... QI"'"4.... . ~ -;; . ...toaa:.101'1t . . . . -;; > U ,....001 . . .!I: . . ...toa....u~ ~ . a :; . :8::.:: ~ ~ ... ''=l :; ~. t~-; ~:;;g~~ ~... ~ . .. .. . =: ~ ~ . .. c.a 0.0 ~ . . . . . .- a a . .. ~ . ::J~tnu<u . . ~~ . ... ~ .. .. <. " u , , , . .... . . , , .. .... . . . 0 .. 5tn:ilJa:. z o . 3.~ 3 . ... ~a . a ~ .. ~ .. ~- h r:~ J J J ... -. ;> c- .... . . . ~ .... _ c . il il. " :c. :c,,~ \ I :'.! ..: .. ..; .; .; '. - 0" " ..,;. "'''' "" .... ;a. "0 ~. u. C. ~u "u 0.., o " , , ~ ~ " ~ ~ ~ . . . . -=~t:", .. . ... I . I . . a.. . .. .. _u '* t.:~.: , . , . , .. .. "'.... . I ... ....... .... u a :J Ill'" U'" 1.0 ......"II:r =~'a::: :'C'on .... G:I GO =''''''.0 ...... ,D ~ ..." ...:1 :.t~i::1 ~=.9&,A~:; . , , . " :t : ! . ~ ~ , '" . .:, .. ~ . I ".. 0.... .... I,t G "':J a... u.... .0 ........'" I "II:r 3 ... .... ..."0..,.... ....,. -;..:1 :I:. A Do .... .. "'0"'''. ... U ...""" u =..5: f &JlS ~ , '" , , .. ~ ~ ~ ~ ~ . . . . i:..,t; Do'" 0'" ~ . U I . I . . .... _u DO .t!;:l: ~ . . ~ .. i " " " [;l 1: . ~ " = . ! :l " ..; ..... "'. ," r:~~;'.J::lJ ".~., , , ......j.I......;..!i..... I .a.. " .. 3" :t.. oS .".".. ......0.... ... o. " -;:t'~~ 0.0 " .... ..... UtlCU CUOII .... U... 41 IoIU....... .... G " G " .. N .. N .. N ,~ ... ...0..... .........0 .- . ... .~- ...'" flooO~'" .N'" ... CIo 0.... .. ... I ",..ow" u .. 0" a" "''' .. ... IlOU.... .. ::.s.:t:;;g~ .:, ~ ~ j - ~ . . ~ ~ io ~ . .. ! ~ . ~ ..: o " ii I . ~ . . . . 3 o ~ " ~ " ~ . ot' I. .0 o. .. . . . .<- . ~ ... . ~ . . ..- ~ - "" .. i... ~~ ... ~." .~~ ~ . . "... ''; .. .. j . ~ . r . 8 ~ . Ii 8~ . . . " ~ . o . . . 8;; . . " ~ . Ii . .~ . . o . . " " ii I . . .~ . r . ':: " . . 8 "= .:;. . .~ .~ ~. -. -. ". ~ I I " .~ . . o : ,;, j . ~ . o . . 8 j . ~ & . . ::l ~ . ! . gg. . . 8 j 3~ . o . " ~ . i . 8;; o . " ~ . I . .~ . . r " ~ . I . .~ . . o . . A o " , . .G . . ..~ .~ "- a... u li =' " ~ ...:;5 0.... u . ~.. . .... ....- .~ . . . O~ .o~ .... j 8~ & . " ~ I I 8~ . o . . j .. ~ o . .0 . . ~ ! . ~ 8& . . = !C ! < . . . ~ .. " . e. .~ !~ . o . ~ .. ~ L .~ ~~ U 9 .. ~ l .. r-. ........, ATTACHMENT 3 July 29. 1998 Mr. John H. Case, Attorney PO Box 4203 Aspen. CO 81612 .. Re: Lot 12 and 12A, Callahan Subdivision AsPE~ . PrTKIN CO:\lMl.:~m' DEY~LCPME~T DUAmtE.\."T Dear Mr. Case: In response to your June 12. 1998. letter in which you request a detennination on the nature of Lots 12 and 12A of the Callahan Subdivision and for the tenn "guesthouse" as used in the Subdivision Agreement, I offer the following comments: It appears that Lots 12 and 12A were platted'as individual lots. However, the Subdivision agreement specifically refers to these lots as "collectively designated as a single family lot." Lots 12 and 12A are one lot for the purpose of one single family residence. Lot 12A is described in the Subdivision agreement as "the guesthousefor Lot 12." You correctly noted that the City Land Use Code does not currently, nor did it at the time of this subdivision, contain a definition of a "guesthouse." I would suggest, however. that based on the language contairied within the subdivision agreement and the common understll'nding of the term "guesthouse." two CUIrent definitions loosely apply- Accessory Use or Structure and Accessory Dwelling 'Unit.. The Accessory Use or Structure definitions limits to the guesthouse to being on the same parcel and subordinilte in character to the primary use - the principal residence. The Accessory Dwelling Unit definition allows the guesthouse to function as a dwelling unit and does not affect the primary USe or density of the parcel for a single-family residence. To maintain this guesthouse as accessory to'the principal residence, the structure cannot become available for separate sale and shall remain as part of the combined Lot 12 and 12A. TItis also prevents condominiumization'ofthe property into separate interests. The eventual developerofLof12 should be aware of the need for a Growth Management Allotment for a new home. This normally includes a full review by City Council and competing for yearly development rights. However, the parcel was subdivided prior to . the 1977 initial year of growth management,and may qualify for an exemption from this process provided if the developer either provides an Accessory Dwelling Unit. deed 130 SoUTH GALL"" STII:~ET ' AsPEN. COLOlAoo81611.tm . PHO~E 970.920.:090 . F..... 970.920.5-139 ~....., .. ')~. '.' '>.... , , 1"""'\ ,-, restricts the principal residence to affordable housing guidelines, or provides a payment- in-lieu based on the newly constructed square footage. ". The existing guesthouse may be 'convened' to an Accessory Dwelling Unit for this purpose with Conditional Use approval.. A staff member of the City Planning Department may elaborate on this process at your request. Please let me know if I can be of further assistance. Very truly yours, - Stan Clauson, ASLA, AlCP Community Development Director City of Aspen cc: John Worcester, City Attorney I .~ .... I"" ~" ~ John H. Case A1JtJ~ 3t Wow A17ACHMENT '3 <Zln-t. Post Office Box 4203 Aspen, Colorado 81612 Telephone (970) 92S-<l394 F...x 920-339; e'm:lil johnc~se @ infosphere.com I ~,"0[31-7-_ I ...,- I < '-.' ..1' ,:,,,,- , .~. " I ~:7' ~~! \~; ~~ 'I I(' I~. I -;\. ; ~ _J. A:;".. 1 \".V , "'lIo . \~''''.-i .~ :. .:t .2L t..:...;....... . June 12, 1998 ~. John Worcester, City Attorney City of Aspen 130 South Galena Street Aspen, Colorado 81611 RE: LOTS 12 AND 12A, CALLAHAN SUBDMSION, CITY OF ASPEN , i , Dear John, i 1 represent Ms. Jessie BenedicT Gordon, daughter of Fritz and Fabi Benedict. Ms. Be$edict Gordon is the record owner of Lots 12 and 12A of the Callahan Subc:Jivil;ion, which she , received as gift conveyances from her parents. Ms. Benedict Gordon lives in! a house an Lot 12A that, according to the records of the Pitkin County Assessor, was built In 1977. ILot 12 is vacant. Both lots are conforming-sized lots of record in the R-1S zone Qistrict. '. : j We seek your detertnination regarding certain limitations of record reg.g thes~ lots. following is the rele)ll'ant background information for your consideration o~ this maufr. I, I .i Background . i i : I ! . . I Attached are copies of the Final Plat and the Development Plan for the eanahan Subdivision (recorded in Book 5, Pages 7 and 9, respectively, of the Pitkin Cbunty Recprds). The Final Plat designates Lots 12 and 12 A as separate lots. Lots 12 arid 12A ar~ also individually listed in the dedication language contained on the Final Plat. ! The Final Plat . does not contain any language that would appear to limit the developmeni. of either: lot. [The DeVelopment Plan depicts the designated building envelopes for bdth lots (labeled i'limits of proposed building site"). The bUilding envelope on Lot 12A corresponds precisely to where the house was built on Lot 12A just one year after the Plat and Agreement were recorded, while the building envelope on Lot 12 corresponds to that portion of the lot that appears to be most appropriate for development at this time. :[ have also attached a copy of the Subdivision and Planned Unit Development Agreement for the Callahan Subdivision (dated May, 1976 and recorded at Book 312, ~age 100 d. scq. of the Pitkin County Records). This Agreement establishes certain additionhllirnitations on the use of lots within the SubdivisionJPUD, Paragraph LG. of the Agreement, ~hich provides the sole limitations in the entire document that refer to the subj~ct lots, reads as follows: I I I I , I , I ~--_...._-- # ,- --' .1""'\. ,-, .. Mr. John Worcester June 12, 1998 Page Two "G. Lots 12 and 12-A are collectively designated as a single-family lot.; Lot 12- A is the guesthouse for Lot 12:' . rj-fy reading of this language is that it expressly provides that Lots 12 and 12A may contain ~ single-family residence and a guesthouse. Unfortunately, neither the Agreement nor the P,..spen Municipal Code, as it was in effect in 1976 and as written today, provi,de a definition fur the term "guesthouse". . , i JirIs. Benedict Gordon seeks your determination of the me~g of the term j'guesthouse" as it applies to these lots. It is our position that the o~ 1imitllri~ that shou.d apply is that Lots 12 and 12A would need to remain in common ownership, so that the guesthouse on Lot i 2A could remain tied to the principal residence on Lot 12. . We would appreciate your prompt written response to this matter, as it: has important ~amifications on the estate of Ms. Gordon's parents. I will caJl you after you have J:1ad a ~hance to. review this material, to see if there is anything else you neeCl to make this determination and to see if we need to meet to review this matter. PlellSe feel free to ~ontact me directly if there is anything else r can provide to you. ~c: Stan Clauson, Community Development Director , I i I I I I I I I i I , 1 I i I I TOTAL P.04 OMAV. 18. 20.:i ....lZBERT TROWN & ASSOC ""'" NO. 953 P. 1 1111 ROBERT TROWN & ASSOCIATES, INC. DO FAX COVER LETTER DATE: AT1N: COMPANY: FAX NO: PROJECT: FROM: PAGES: COMlvlENTS: SIGNED: . S/18/00 ~ Commnni~op:lJ1ent . 920-5439 ~ence Jeffrey R. Hancox J2 Nick: Please review the report that was complied by Davis Horn for Lots 12 and 12A. The FAR allowed fol' both lots is different from what you stated on the phone. Please give me a call so that we can discuss this. Thank You! Ie Project Architect "..- -- 25 LOWER WOODBRIDOB ROAD - sum; 104-B - P.O. BOX 6820 - SNOWMASS VILLAGE, CO _ 81615 TEL. (970) 923.6131 FAX (970) 923.2599 -:Ju~~Y~I~. ~io :.~:.13!..MA ROBERT TROWN & ASSOC .~ ~'r'!"m !'lorn NO. 953-P. 2 9~ aZB 15180 P.Ol , " DavisHornJl5. . PLAN~ING a REAL ESlATE CONSUi.'TINC; - ,.. " , ,d'. ., , : :~j1, ::1' . .., , "f' I .. May 25, 1999 Barbara Fle.c:lc 1407 CrYlltal Lake Road Aspen; co.. 61611 ~l' . I . RE: Due oil igence . rnvElstigation of Oellr Barbara: call.han~.L.Cl~ll " . i. ~. 12 and 12A As nciue~'bICi,. E5av.i.s Horn Int;:. which ~ay be assocL.tea w~eh of the Calliilh",n Suhc:t.1'\tision. tasks in ollr invostigation: - ::" I', h.u .researc:hilid tiu. land use issues th~ development ot Lots 12 and 12A WlI have oompl..ete,d the following o :t. A 81 t;e villIt of: the property and. surrounding an!l.5' (the .adjacent Benedict paroel, Lot 11, the open space pnc\llll ..te.,: 2. . . Tdephone conv4lr:lf,ltions and a meeting 101 th Robert ;. Trown, your architect and Brooke tPletcraQn, the attol"l1ey ." comploting dl~edilit.Jenpo work t'ol1l lIQu: 3. 'i A:revlcw of the Aspen .P~tkin Co~un~~y DevQlopmGnt Department L'i.1el; related to t.ho proflllt'ty, spadfi.cally . t1", prRviOll51 Strli81l1 Marqill Rev.low "'nu S\W<.livi..ion : P.t!v~p.w 1.n 1il761;. . ,.j., 4. A.. review of varlou:; dOClIlllents rei.It.LQQ tQ tn.. $ub~..ct property (SUbdivisi')n oovanantl!l, ';suhci.lviRion agreements, easclIllmt dO()llllIenl:, ef..c. F; 5. A review or the ~pplloablo sections ~f thA Aspen Land I1llo Rfol~lations; 6. Phone conversa~ionR und ~otinqs with Alan Richm~n who had raviGwec:l is''\ltls reletl'td. te> l:he: property in pr.evi()us yea~s for the seller; 7. .' Phone convor~lll.tjonll with Nick McGrath, the attorney I:or ~ho 1I111.J'ers: and Ii e. .Numeroui! phone ca.lls a,nd two me0:t;ingl! w.i th Chris ~"nclcn qf thE! Aspen Pitkin COmDlUnity n~loll'(IPlllont Ocpl:lrl.meht. . ' . I. ':, This. L'lUQI' lHJIlUlI&.t'i lIft:i Q\J.r !j nd.i:nq$ undt'!l:' \hefQl! t')wLnq head.l.nqll: t.xiliti.~19: C01.1dit:i.ol~.$. Potenli.al L~lld 1J:l~ ReVie~l!, Ot.her 113t;ues, Summ~ry And ~wcommwndI:lL1en~. ;: ' I:' "1' "- Al.JeE DAVIS. A1CP I SLENN HORN. AICP 216 SOIlTH MON.AlleH IT. . Sl1lTli 10. . MPeN, COI.ORAOO 81611 . 970192&-6'" . FAX: '170(9:lWlIO EXISTING CONDITIONe The Subject site is looated in the Callahan SUbdivision. & subdivisiQn approved by the City of Aspen in 1976. The SUbdlvision.~lat is recorded with the Clerk and Recorders Office at Book 5, Pages 7 throu\lh 10. Pag'e 3 of the recorded subd.ivision..plat is tho development plan. ,.The development plan shows two, approved.hu11dinll envelopes, on..~.c.h for Lot 12 and 12A. The house which was built on tot 12A~~los.ly follows the approved ~ulldinq envelope. The approved buil~ing envelop. on Lot 12 wa~ aete~mined throuqh the sUbdivision.prooes$ as well as through ..stream Marilin Rp.view. Stream M.~9in:a~prov.l was qranted J~nuary 20, 1976. (S.. Attachm.nt.1, Planning and Zoning Commission minu~es ~rOm 1120/76.) A S~ream. Margin Review was reqUirwd QUe to the lot's location adjacent to the Roaring Fork Ri~Br and its tlcod plain and this review process determines a buildinq envelope appropriate tor development aftar cOnBlderlnq the flood?lain issues. environmental SAd safety ccnceL'nS. Accordinq to ~nformation from Alpine Surveys, Callahan Lot 12 contains 63.702 squll.:r:e feet and Lot 12A contains 1$1,369 eQU8rl!! rut wit.lIi. an additional 9"245 square:feet .0:1: open space tor Lot 12A. (See ,Attachment 2, Alpine 'Survey's sloPQ analysis.) Based upon Alp'.!,ne SUTvey's slope analysis of thl;( land area. for the purposes.ot calculating floor arca, the effQc~lve lot size of Lot 12 is 56';'589 square feet and Lot .12A is 1~~61~ SquUH feet. Considerln~ r.he floor ar~a allowed in ~he~pplic~hlc R-15 ZOne dist.rict,. thca :I:loQr area allowQd to>: Lot; 1;,?' .i:a 6.731 square :feet . and fo!' Lot 12A is 4.4.'3 SqUllrlol het. / ::: --- [; According to the SUbc1ivil>lon covenants for the Callahan SUbdlvision. l.ots 12 and 12A mUl!lt h" llolc:l ... one; the: two lots can~ot be sold separatwly. The covenan~5 i!ll~O say the home on i. to the esthouse tor Lot: 12. 'mIe is I!. res ietiol1 in the 15\.1 .l.V 1I.l.0n C V'enants and .l.S no>; ~e result of a ei1;. o. IS "U J. '.ent, ~m.l. ation or. .. e on a~J n t,ne pro erty by the) C':i.t:y. AC:COlllCi1nq.. to tl'le C ty'S ~18ti.on". 's, , , is I!I ,fl:'ae mlltkllt lo~ and tho IIxhtint,; home 011 Lot l2}l. Clin be l'!ldeVilJ oPq<1 Q:r 19xpancloQ. ilIi long- . aD the imp,rovements <Ire in conf.ormancQ wi-t'n u.ppl.lc<ilile City I,and Use Roqulo\.t10no!!. It can be IillCpazH;i..d or r\i!l:al,~lt up t() lhe allowed 1'1001:' !l~fli:l' in 'I:hQ P.-] 5 zenlil di$'trict (4, 4'lB s.qu!l.re fcp-t tor li lot the siU' (':f .Lot: 12A). : '- p "", -' JUMAY, 18,2000 5: 12PM -. -- -- ..........;t....A ROBERT TROWN & ASSOC y~..... horn NO. 953-P. 3 S"""'\ 92S &Ule P.o/;! ';, , "' Barbara FleeR . Kay 25. 1199.. PaqG 2 1", ,. ,.. d, .' ,.' ';'uMAY. 18. 2JlQO -U~~A ROBERT TROWN & ASSOC .Y~m 110l"'n .~ ...... I ~ ~ $ NO. 953-P. 4 Sl211 !SleD P.03 ~[,i d ) 1 1,,:, .. , ." , it ,. 'i': " .. , ,. .' , f I . Barbara by 25, Pliqe 3 \, .1 n.ck 1~99 I ., Ple.ae refer to Attachment 3, . sUrvey for the property which shows various acce5~ easements, the b~ildinq envelopes and illlProvements on I.ot 121. and the adjacent Senedic.i:. rel$idence. Attachmell,r. .4. is ... ~.g$' fl:OIll thll ~till"'at$:r ),ench final pht which shows ti'\lI\:' surround:\.ng arlla; Lot 12 ha. b..p adeled in for in!orn\ati~n purposes, Attachment: 5 is pa9'e!'th~.. of the CaJ.lahan SUbdivision. Plat and Attachment 6 .shows th~'la.o your flOOdplain. ,. :! .. ., ,':t LAND USE RlV1EWs . , Our review of the subject property and theicity of Aspen Land.Use Jl.equlatious indicate thilt the subjeci:. Lot 12 .should qualify for a Comm1lnity Dcvelo~ent Di~ector Exe~ption fro~ ~.sidential Growi:.h Mal"l"'IJ8Il1el).t purSUfLrl.t to SecUol'l 26.100. 050 .~. 2. c. Thh te'l\,lut can. be g~an~.d at the building permit st.g~ or silllultanaously wi th . any...~th..r b.nd use approval. . . , ,1 A r.quir~mftnt,of the Growth Mane~ement Exek,ption under 29.100.0S,a,A.2.c. specified abev.e, is t:.hatr'th~ owner mUllt llIeet one of the .following three optionSI,; " ;,- " i'; to Provide an aceel5Sory dWIIll1ng unltv:. 2. .. Pay the applicable .offordabJ.e h01;ll'linq llIlpac::t feel or 3. Accord a resident occupancy de.d.,re~triction for thli! ~inglc family dwellinq unit beinq c~nlltructed. HOUsing impact !ees were recently increalled and an approximata fee tor loot 12 would be $287,200. Option 3, ncording .. resident pccupancy deed restriction on the home, would eliminate the freo markot s.t:al:ulI of the lot. Option I, Ule p;z:oovision of an accessory 4welling I~it (ADU) 115 tho le~st impactive option. As W~ veri~~ed with. Chris Bandon of the c=mm~ity Oevelopmont Dep$r.tm~~t, the roquired AOU could be locbte~ within the home on Lot 12A... The AOU must be at least 300 square fef!t and no larger than 700' square ~eet,in size. The 9arde~ level or the existinq h~me on I.ot 12A is 1509 squ~re feet accordinq. to the F~tkin county ~g~I!IROr's Otfica. BetwPQn 300 an~ 700 equ~re f_ct of this are.. could bQ conv<:u:'tad into a separll:t;e dwelli.nq and then be restrictilci for th. ]l.t)t1. witl\ Planning al}n ~onin9' COlllll\ission approv~l, ~n ere... Larger than the maximum 700 ftquar~ teet, QVen the entire !loor of 1509 :;(fuarcfeet, COuld be utj Uzed (and rel5trictedl alS tho ADU. ',;J . , ~ . j, ., .;, : Tne.ADU m~st be approvea throuqh the Conditional US8 Review process, .a one step review and public hearinq before the Planning and Zoni~i 9o~is~1on. rhe request tor CO~di~iona~ USe approval must demonstrate compliance with several !t~ndards in the Land Use Regulations, These standards address e~eh issues as consistency with the Aspen Are. Community ~lan and co~patibility with th8'US~S and the character in the Surr9undinq area. Impacts WQ~,lc1 be minimal for an ,!\DO in the ',existing structure Dll the spac~. and its impaets.already exists, :.. . I . , The ADU ~~st have its own entnnce, separate trom the primary residence. Khan t.he ADO is rented, it must be rented to a full time local Pitkin County resident. At this time, rental of tha unit i. ci,ptional,thouqh t:he City of Asp.en hll~ often considered II Cede changB Which would impose a mandatory rentel requirement. The;' optiQna.l rental could chanqe at SOllie time in the future. However, ~f an AnU is approved and developed u~d.r the current requl.a.ti,6ns-, 'new ~e9"ull!ltiens would .not arf,.ct, the Ant], ' ~' . . . Re8~:O!~~.N~ -~;;eh ~eview is reqUired for .~helq.velopment of ll9mes in:.the "Ali'Den llo........u<;u.ng the .R-~'!;i!l zon.. au"...l..~). Ttie-- -- s~v.ral design standards which must:be consider.~ in l.. .... . '.. "I' the de.~~n;of 8 haroe and compli~nca ls dete~hed.throuqh . DeV.iOp~n~ Or~er Application ;~bmittedto the Community Development Department. If there is another ,land U$e approval being reqo.ut:ed (such as a Conditional (1Sel Rliview tor tlle ADU disr::usse.d above) then the Rellident::Ial Desill'n ~lIvlew could proceed si~ultaneously w1th that reviow. The desi.qn IItllndards i.n the ~esldential Ollslqn ROview wen c created ~~t!l.tn-town Ci~y townsite lots in mind. The deSign stah(!lard~ .~. no.t. Uil,r>t.l.iCabh when appl~.ed to. laL'ger, treed, irre9'ul~~ . en.. ,not. run. lats ",.uch as the :..sul:lj oct Lot 12. Any of ' thedes1~n'etandara8 can be weiv~Q O~ va~~eQ.~~ ~. approval bOdy (the Desigll ReView Appeal COllllnittee or th~: P1l\zmil19 and Zoninq commission~ determines that the ~tandard dpesinot apply or if the developm~nt would bc .nh~n~.d i~ the atan~.rd.i6 not followed. Therefore,. you may want to re~tllst a waiver or variance from SeVlO!rU"or many oJ: the duiqn lItandard...: R.ober,t Trown wi.ll have i9. bettor. ide" of what. !'le,eds to be vllJ:'iftd ~fter considering \:he Standards .\long wi.th preliminary design plans. ....., r. ~. J~MAY. 18.2000 5: 12PM ROBERT TROWN & ASSOC--' -- -- ~~.~~~ ~~gm her" NO. 953-P. 5- .1"""\ . ~ oJ. SI,zS 5180 ,. , .. ., . ..;' '. '( , ., , ,. B.r~.rl!l Fleck May 25, 1999 paqQ 4 . As pl::Q].im1nal:Y plans !!I\1st be complete<1 priOr \:0 the Rlllsidential - O$Si911 ~evie."" YOI.l !!lay want to J:>roceed with a conditional tJsc Revill"" t'''I:.. thQ A.l.lti now ana add;res3 Oesign Review taler, when " . ',' ':,' . , P.04 " .' , , '- o I ~ JUMAY, 18,2000 5: 12PM. ROBERT TROWN & ASSOC -- ~- -~.~~A ~~m hor" .---. :-.,'. -NO, 953-P. 6 iii, .': 9215 IStao P.OS . ';. ~ ,.;1. , .. ." .':' .~ . Barbara F~.ck May 25, 1~99 PaC)'e.s I '.' . , prelim~n.~y p~ans are completed. If the two review processQS proceed lIli:multaneously, the J:11anning anci Zcning. C:ollllllisdon i!!l the decision makin! body for both rev~ews. If~het ~roceeo Bepllratel~, the i'lanning and Zoning Ccnt\IIIbs'ion.. is the deci&ion Illllking- body',foi: the J';DU and the Design Rev~.\!'W :Appeal C:olllm1 ttn is the deci~ion making bo~y for theResicientia~ OeSign Re~iew waivers. , At any time in the future if the home on Lot lZA is to he rede~Qlop.d or exp.nded, Residential Des1qh Review Standards must be met or;waiveQ tor the d~velopment on that lot as well. " - The callapan SubdiVision is II signed and recorded Subdivision of record. ~lream Marqin apprQve1 was qra~ted and a buJ.1d~nq liInvelope .;i.dentified for Lots 12 and 12A in'.January, 197Ei. We believe 11,0 .fur.ther Strell.lll Margin aeview 15hou1.q. be nquired fOl: tots 12 ~ue to its location in this record~d Subdivision, a. subdivis~on'which is fully vested due to t~Q million of dollara of improvements made .!linee the approV;d. H~~yer, the City Attorney;. John Worcp.llt",pr and ChrJ.s Bendon !:lJ1a. \;1 ty PJ.anner Worll:J.nq on enJ.s case, have taken -ene posit1~n that the developmQnt of Lots 12 should be subject to the new requirements of Stre~,Marqin Revrew which were not in -ftect at the time 0: the or19':l:n8). Olpprov&l. !hev do. how.,v!!;!', undeuU.nd that several o~ the requ1remo!Ilt$ i!lrlil no1:. applicabLadue to the natuX'e of the elJbject sit".. Sp."::1t'ioa.i.ly, the proqullSij7e helqht l1mit and top of Slope ,s~tback Of 15 feet are not appropriate as there is no real top o~ slop. to base thQse limitations upon. As these reslricttonA would render th~ lot l~USahle, Chris and John agreed they wer~. It'ot ilppll.c.a.ble.. .: . '~ . , I .' ChriS Be~don,. John Woreeliter., Biooke Pete;~onl(..aZld .! have i!l",roed upon conI::U~,\on$ to'be placed upo.n a new, ;l,Jj!l9.5trO!lm Marq1n ReView app~:oval. Al~houqh we dd 'not beli~~e .~,new review ~hould bll neClil5~ar;:r', the cond.ition:!l at'e .z,ot Oncroq'" and .thorefore, the staff level a~proval is acceptably. It i~ ~ert~inly prQferablll to a full Stroam Karqin ~ev1ew which is ~o~try, timE cnn..uroinq ana r1s~y. Ch~ili Bendon ~nd John Wo~cestQr have agreed to qivy us a lott.", ljl:'&ntillg' II 1999 StrStam Margin amended !1pproval for Lot 12 Subjet;:t to a f.lIw r.:oncli tiOllS includ1nlJ 1 imitations on liqhtinq'and ~eq~tation removal. We are ~waitin9 this letter and will forward it on as SOon as we receivl!l :it. It Win Chris' II or1'9'il:\i11..1"nl:ons.ton to have US the lett.~ by the Hrst part af !:hi.s' we~'/;.,.. thbugh he is very busy and has .'not oe..n abl.. to collipi.f!fE<~:. it; yet. We have rgquested to ha~c ~e teHc:r:' by '''1 , ., .',1 .'$ " .' ~'I ! : ...~ " , i .--- I ...... ,;)uMAY, 18,2000 5: 13PM ROBERT TROWN & ASSOC I .- -- - - ':--A ~..", horn .:;...., " NO. 953-P, 7 ~:I ~:'92S IUao' .',1 ~.~, \. , P.D.,. 1,>; ...... . ., ",J earbara Fleck May 25, 1999 PIlq1a,6 "'I'r', '; f"li ,,' I: '" Thursday ~t:the latest duc.to the explratioh of the duo diligence Period on. Friday, May 27, 1999. We are stayinq On top of this issue &nci' Ilo~e' to ha"-e the letter soon. " , ,~ ;, OTHSla. 'lS.lJI:s . 6 Accordi,nq to . rntdction to the benef1t of Lot 11, Callahan SUbdiVlsiol1 which is ne~t door to tha sUbject ~roperty, there 1s a height 111l1it of(2/5)feet on the hOllle to :be built on Lot'l~.At~the time this restric~1on waS~laced on Lot 12; the height limit in tlleR-lS ZClne district Wll 28, f,e.t~ However, the heiqht limit in the zone 'i8 now ~5 feet, n d~fferent from that Placed on the pro})ertY;;Dy. ~,I;le p~iv'ah r.i!ltrict.i.Qn~.:',u~fore this restriction. ha:; no real ~a.ll.le or meanin\7 anymon. I '2.~ \ , ...,~. . This R-l~ height l~mit or 25 feet in c~il)Atinn with the rll!lativelYsmQ.1.l building en"elo~e lill\it t.he dtsign possibilities Of a home on Lot 12, As Robert Trown h~s t~.ntified, issues req..rclinq irlsurancC) for homes. with lower b.J'ljlOlment l;!vels bUll t so c.to5e t.o. thl'l flOodplain may he a further c~mc'~rn. ! know YOll ahd ~obert Truwn ~re aware that these limitat.tons n..a to b. tully IInA1Y~ed ,:U1d uncler.stood Ql.lrinq this due diligen<:. Ptll:riod. You asked ~bout. the benefits of buying Lot 11 adjacent to the subject. Lot 12. l..lthough yo,. cou-ld add to the noor lu:ea allowod for a h~& on Lot 11 to lhat ..llowed for Lot 12, the constraints of L?!t, 1.~ I $ b'lildil19 envelopo size, ba.se:llIent insurance Concerns ana r,he :1.,on. .dbtrict' s 25 foot he1qht 1ill'(1t .1111 lillLi.l thR floor &rea whi<:h.can be pl1ysieally buUt:. on the'.sitat. Robed 'l'rown co\~ld qj,v-,. you information on what .tho ma.l(illlum size home is that ~OU~d bs.built within the buildinq enve1op~ ~b determine the feasibility 0: bUilding a hoUse larger tha~ th~ 6,731 square feet already 'allowed. The Advantage of cuyinq)o~ 11 to remove t.he he'l.qht r.a15tr1.o1:1on is no l011ger valid sinc::iia t:he ZOllO diRtr1ct: hei.ght .Limit 1s the !Ia!llE!, 25 ,t.eet. : , . ElCpt\.nsion ot the ~xilSt.Lng i.pl'l'Clyed bl1ild,ing envelope on Lot 12 woUld be.ycrrv difficu.Lt. A new, full StreaJn Margin Revlew would be raqu:l..red. .tn O\lr ;]:!itimllt:ion, due to tile tloodplain, r1patian Ill'lt:i wetland concern.. on "lid nllarthe s1tQ, A requallt to IlKpand or nlOVe the., ellvelope woul d be;: unliuC::C::lIIl1.stu.L If by $Qllle chGlnce an flxpansion ~cre to be approll'ed, numerous cond' t:.Lons would bQ pbi::.d ~;h lhe llPprov...l Which would llil1n'lt'~c2lntly imp',,:, th" ,tevelCJ\:IllIenL of lh.:o pr"pert.y. " \}' <f. \, " .- " ., YLMAY. 18,2000 5: 13PM. ROBERT TROWN & ASSOC . -- -- .~~~QA Y~rn ho~n :oJ-. . NO, 953-P, 8 Sk oj 928 1i180 " P.O? , " '. larl:lara May 2,5, . Pllqe .'7 nligk 19h ,': ' ..,," '. "," . !, I " .',.. .' S~y ANI) RiCOHMENPA'I'lGlNS', ". I' There are . four land use appro~als needed fo;' the development of Lot 12 with a single ram11y home. . ., 1. A St~eam Margin Ra~aw approval. WQ oeliev~ we will h~ve a new 1999 Stream Margin amended ApprQ~Al in place soan, hopefully by the end ot this week. Although the cenditions of tn1s.approval sho~ld not be too onerous, w. ha~a net yet seen the a~tual le~ter of approval and conditions on the approval. We hope.~o, h~ve. this letter bororeFriday when ~hc duw dili9Ence period e~J:lili'es. " . . ,': 2. ,A C:ltowth ManalJElIN!nt ~xamption fl':o~ the Community Development. Dep..rtment Dil':ector.. ,This wil~,: t~ke place at the bUild1nq,perm1t ~taqe, unless another appltcation (such a5 *3 below) is requested, then the two ~equeats'ean 'proceed. sj.ll\ultan~udy. . '.' '.. 3. ~A cond1t1onal Ole ReView for the Aceeesory Dwelling Unit (AcUf1s reqUired for the Growth Mani!l.qeltlont ExelUptioll in 112 above. The Conc:1itional Use review is a PUblic heerinq and 5pecific public notice requiroments IlIUSt be met. The ADU can be within th" l!l"is~.,ing home on Lot 12A Ol:' within the new home on Lot 12A. If the entlre garden ~evel of the Gxistin; home on Lot 12A Is usedfor')th.e ADu, ~ request to oXPQnd the ADU beyona the 700 sqUare fOpt ltlaxiltl~ siz~ a~low~d tor an APU woula be nQe~ed. Beth ChGl}\DF and the sizQ expansl.on rcqllss.t spould bE! SUCcessfu.l. Th. Concl,'Lt:ionq..J. llsCll RClview prOCilllli takes il'p'pr.~l(imat.:Ql y three to tOllr monih~ frol\\ tho date of I!ubmissio:tl o:CaI1:.:Olppl1cati.orl. Da?is He~n 'Inc. wallld bCl happy to help you:with this ap~roval it you decide .'to J::lroc::e..d with t.he, pU:t"c::ha.s& of.:.thw property and. the AD1f approval. The Conditional !Jse Review could be cornplated now or at a later datA when preliminary de~iqn:plans. ar. compJetad. '!.'hen the' Contii tionl.ll Use Review cOllld proceeel along- with ~esi.denU&l Design Review. '1. , Re8idential l:leeiin Review. Preliminary de~ iqn drawj ngs of $uff~(:.1,iilnt detail to show compliance witl, the DeSign Standards in Sec:t10n)!IL5S ot th€: City l"iJnd Use Requlations arc required for this; review. A,a pl:r.>p~rty wi.tM.n the IC.ity ltll.1at: comply (exc;:..pt'the !I.-.l.5a :tonel di:Jtricc.which doe5.: nqt apply to this '~ propertYJ must: qo throl1gh II. Residential Otfs1<jln Review. , ~~, 1'1 ~ 0' ,'l .--- 8 '- .]LMAY, 18, 22~O -U~~A fl ' ROBERT TROWN& ASSOC. y~ horn NO. 953~P, 9 , ..,... 1,.....'" ,:' ~ ~,J .:SJ215 8180 P.OIS _J Ba~l:lar. May 2'5" paqe . , Fleek 1~9S .Ii; ';- , ('. ' .. , ',i, ;1', :'.' ,i ' I', , ~ A wiliver or :vadanco from a l!lpecific c1e.siqn':':;a:tJ:ndard Cim he requested. We f~el many of the design st.n~.rdl are not applicable to this lot ancl severel de8iqn ~~ivers m.y be neecled or c1.sira~le. Each indi~1dual standard must be met or waived. Although it ie our op1nion that you would be l!lueCessful in either meeting or waiving each of the etanclards,. RObert Trown should more thoroughly identity the impact, if any, of each of the l!ltandards on the design of a home. He should Also dctermjne how negative ,ani~pact any given standard would be if a waiver was needed a~a ,oould not be obta1ned. , I . . DiSf:USS1<>ilS.'.with Chris 8llndo:n indioate that: he a9'1:'''.8 tha.t these standards' ar~ not aS'applicable for lots out~ide th~ oriqinal ASPen,Towns~tc, S.till, tho process of rCQUest1n9 a waiver has to ,be compll!!~ed, )f II v."riatl.ee from any desiqn' se;andard .l.e desired. Davis 100rn would be happy to work with P.ob,ej't;,l!'rown l.t YOu decide to pursue: to property and these variances. '.;' " , , , ! . " ~t! I ~ . COllllllants"iri' this letter are basc.d ullan aur,;unl;1e:rstanc:Ung of the City of ASPGn Land Use Rcqulat10ns and diSCUssions With the Aspon Pitkin County Co~unity Development Department staff. The City COuncil, Planninq and Zoning Commission ana Desiqn ReView Appeal Board are responsible for interpreting the Code, Sometimes their intcrpre~at.l.ons differ from ours. The entire land use prOCess can be v~ry unpredictable. '" .. . eleal'S~ c:~ll" H you would like to diecuss any .~lISUl!Ill perti:l.inin\l to the Calla.han property. Whon I rec~ive the ,~et;t;er froll\ Chris Bendo.n tiil ~h.Stream Margin Review amended:-:ap'prolfal, I may ha'i7e l:o Wri te~:il. :short follow up to this letter .addres'5in'.1 a.nythinq , '" ',.' , untorltllcin. "! Thank you tor a~kin9 D~vis Horn to assil!lt vou~ PleaSe let us kllOW .I. t t:lIH'!! 1$ anything furthllr WfI can do, ~incer~lYI DAVIS IIORN IN'CO~POAAT&:tl .~'.;' ~. . ' ." . . .' ALICE D~VIS AICr :1 C,' 'I', " .Jt.<MAY. 18, 2000 -U~~A l..lo.w....a.CnQ-.,.:-.Lut:,i ,<ac:Ol'~ Shop , ,.. ~ ~ i A1TAClIIEMT ,'.1....'. .Pas ot.- .1,' . . ;: Q .. , Public:: HearinS Br.ad and Pastry ShOD .~ I , .. ~, , "~~II> C!,lla.han sub~~s109, .: '. . ~~ . ''',,;~, ....... ,,,: - ROBERT TROWN & ASSOC .~ Y~m ho~~ S : 2 '" ... .....,........-- -- - ~ " 9 6 Slso p os a,. ....l:opos.d Z'QClo:r:4 -lind ll1l.s1c acc...Q:'Y' chop 'Itir-"ti!i..>~.".~, ;11 Hall. T~ere was'a vot. ~y ~ Planning e~5.Lon ~o inoLude Z'ecord .hops as a pe:t'lll.it.t.ec! cOfld11:1onal us. .in the Hie &one. KaJ:\. :felt the request should l:Ie iilP~OVed beoauae 1t ~.~Z'.8ents wha~ the apPl~cant spoke &bout .t ~h. 1.st mee1:1fti and meets the oriteria of tb~ ~ohdit.ional 1.1.. provtsion.' Ie'will, A~SO ~e a con~it1onal uce :it there ia an .apPlic:&1:io~ tq put a recoM shop .'i:n . t:he :1'ruCl\an prop~.rty bUild;ng ~i: Co11ins was a~l1inst pUtting the ~eoo~d shOp in the Durant M.11. Collins falt.by.puttinq bU.inRsaes for loc::~l l'eaidenta1~the ~cial cOl'e will deteriOste and tour:i.st typ,,\ '~OP91 win. ~. ~e Otlly k1.nd :in the lIIOll!. .ll~_ tJ... c';'r...,J C.-I ~...... ' Herb Kl1.an, repres.ntin~ tn. app+iQa~t, ~ummari%ed as to why a rec~d shop should b. . Use in the DUl'ant Mall. ~he busi~esa is oriented towa~d. the local resident; .it fit. in the N/C zonin9 d~str1ctl it provides fgr ene- stop t~e shopptl'lg' forloc::al residents, a record ..hop , :~ould fUl!ill frequent buying needs, wide variety of ., ':!lIusClid slill:Vicu will be OU't;t'B~.. :!CUen preun'!:ed it. f1,oo:l:' plan of the music Shop whic~~~ndJcated & variety of !5el:'Vi,ces thAt will be o-efol'~.; 'I,. 'I: NO, 953-P, 10 ".ll r . if'.:.'. '., ' ., ... .. '., , Jenkins closed th..pUb11c hG&riD~. .. " Jenk1ns opened the~public he~~in~ on the bread and pastry shop, venk1ns read into the,t~.qord'a letter ~rom Don Lemos expressing his support'for the br.~d and pastry shop. Runt asked if Kalin intended to prepare an~ sell sandwicho .and hot or aold drinks on the premises tor consumption. ~~l~n Z'epli$4 th~y would not be. Kalin expla1ned there ,iw1ll be nQ ba~in9 or _ny tooA pre:pat'atiOn on th. pZ'tallIisEla. :: All the goods sold, will bID ~~ipPod in from Q\lt8ide Of '., '. thel Cit:t' every II\Ql::ning. The',:pu;rpose of the bakery win b. to provide JUSt it retail :i:!Ut"~.i:. for the items to be 'brought ~n. The total retail a~e. is 450-500 .qu~. feat. Jenkins asked fOl':1I better :e:J.OOP!! plan. Jenkins olos~d t.ho pUbll" hea~i:l.~. ,,' ~' Jenkins opened tn. public h.ar1n~. Kane explained ~. separate'actions which thG Pl&nninS and Zonins Commission had to t~ke. They are the Fin~l ~lanned Unit DevelopmDnt Plen, a Conditional 086 determination forthe recreational facility; a Stream Marqin :l:'svie~; Ilnd a rovisi9n of the preliminary plat" . , . \/ . X.rie ~on~ion.d Clark had lOOked &~ th~ flood pl~in maps, A~d the buildings. a.:t'" ....1tulI.~o4js.bt)ve the 100 year :flood ple1n and do not affect 1:h.\lno~~in9' fork River. ~hQ '. Plwnning Depertm.~~ ~. roc~n~~ing Stream Marsin R~v~.w. " -J- :;1\ _... .- .---..0.....__.....___-_ __ _~ --- --~-- '- - ~ l ,-- - ~-~- - -. -" ~ r , .. .:J,MAY.18. 2000 }~~3!.~~.).2.B!~ TROWN ~;~~OC l . --............, ......_ u_.... .. ,-..... ~ !O..O. 928 IilBO NO. 953~P. 11 iI:J":~ . :: On . I "'.10 ,~, / H~nt Itloved for ~pproval of the Stl:'ew.m MOl);'q1n ReView/)' ".second'd by Dobie. Al1 in :avl;lr, motion Carried. X.ne Went on to the seoond item which is a Conditional .ruae. for the operation 0: a Clubhol.l.... foz: the recr..ational 'S ' sit... 'I'he I>lanning Deparbncnt :~ecOIllln.llds the area be re-zon.d an. Kane mentioned t~e P~annin9 Department wol.l.ld like. th'll floor pl.dn to lIh<>w that ~he oluh houso ,will be .. facility only fo~ ~di~te ~ombers and 1'..i- d.nt~ in tn_ area and it will not 'be a ll1'qe CQIIlInO~cial restauri!lnt. ':. ,. 11 .Xan& prOceeded with the Final Development Plan. In the a~enda packet there was .. list ot 14 recommended concerns frOm the Planning Depa~tm'nt which would haYe to be a ~e501ved before making a ~tion. The Commission. Xut1k and' Hecht went thro~~h the 14 points. Allot the pOints ha4 been ~esolv.d with the understanding that th~ sub. c!i.vidtlirs wUJ. make it their xoe"ponsibility to keep the ~k. at the minimum low lev.l.t C~ty Atto~n"y Stuller .. . l\lent:.ienllc! that the; ."'g~eelften~ ,lfil~ go into tho final" aubdivision aqrClalllant; !:he wa. ~i9'hts <1nd everyi:hi1'9' ",,11: ~e d;LsoUSlled in that docUlllent..:. 11.,1,.510, X"ne ;felt the proposed layout tOl:' tlhca r.Clz:ea;t;!.1on- of the clubhouse ShOUld! be part Qf the PlllnneCl Unit. Ce:l/'elC;SPlllGnt. Hecht .nd I Xut1k presentea tc tn. Commjssion draw1ngo for the rec:!;eat:l.on WhiCh will be in that area. I Hunt moVed for approvel of codditional Ule of the 1'eere~- I tiol'll1l faClilitie s as shown on thli plan which was pruentO'j seCOnded by Colltna. All in favo~, ~ot10n carr1~d. Hunt mQved to recommend approval ot the P2anned Unit Davelopltent 011 the oon41tion 1;h. ClOlMllllnts of ths City I SlIg1!l,eer ara. COmplied w:Lth &n/l. tlle ClOllllllont. A thru 0 ' i,iv.n by the Planning Offi.;e ~at,lcallal~an ~lo $on contorm- , ity w1th, s;oconded by Dobis. ;;AU~.in f...v'}C'~mot.~oi_<=arr:i.edi Hunt moveCl to rccomZMmd re-apl!~ov.~l of tha Z\'t;~:t-~'Vi.ew I p~eliltl1nary dnd final plats, ~~oqnued by Col14l1s. All in favor, mo~ion Q~rried. i .( .. Abbott moVed tQ a4journ/ .eco~ded by Collins. ~eeting .djo~ned at 8:00p,m. , " ....... I ATTACHMENT..J. P.,al s. n lti. . "" 'ticn ,. ~1 iPiLiR ~. ~,,_ :c: :IoU. th ~,' .T(~Ym'; ty C".ii:y ~ p' . ." ~,t ) Clerk pen Vit!lw I:xU vi sion " tion' I '-- .'.'1,',,\' '''01 , ~;: ~'r.,~ .' ;, . -{ .' ..' ("'\ t) ~ O~:7:~~::-~""''''''''~., ?-=i~~: ~ -"",..:.....~;.:.:::"~""i"'." .,...,",'-'~,~",_ :;d'~ _........;;~";.~, '~"""'L""'::.;" .-........,.... . .........,:." ,.~..",.~""~"" ~~.....,.;~;.,:.. "....,.,..,." ,." <. .-,.-.----...". " -.'.......... ",'; "","""",-"',-,-""",'",, >>=.." ..,.,..,.,.....'.:,;... .,.....,'.,.,,;..,..,::..,.,".;...,-.,. "" ._--,:::'":::.:.... ':-d:-' ~ ,...".,..,.... ........."'.....:...........'ll _,.~2diI:__~~,,:.;/i:,,:::::1 J~f~~k;f ~, , , "~~~~B~i -r"'"'..'''',''-.,~."'''''''~;.'-~".' -:&l~rffil!~~~?J:':' ?QffJ~f~lJjt4tW~.A\'-;:fi~t=+ ~~*'~ =..-.."""'. ._~. :~!~~!@:rrt"~L,,:,::~,~f "'''''''....,Ii1\n~......:::::t:::1 :t-~"'l,~,~'~~~,,:.,,:,,;f:g- -S~;,~TAl...._M(,,':,'_,':~:~ C'^'~,__"" ,Ji:C\j~_"U$",:-",,~..,., 5tr~..Jt....AD_,".:,..:..:.. :'.'''.'' '.L"." "1~~~~~~ ,.,.._..".~,,-..,,______~r """"-"s:.""--- '..t.... .Andol"......"--j2i\.,..,..........-.,., ...... ..",..." -"~"- -...--,....--. ,"" ::;'----+_';:-:-"""""1 -.~'" ..-;"-4.... .. .,~...i:i.i .,.,....,-. .' J"~",,,," ':;jt".:'.J .;;,;,.. t """">>;'-"'~~'V'il"""'~i<if" ".. . ,~ I I , .~ REcorded At 2:3_ ~M 19, 1976 ".\" Reception no it:- S90 Julie Hane REcOli '0 ~\ot '8,T c.. , BOOK~12rAGE110 j I I SUBDIVISION AND PLANNED UNIT DEVELOPMENT AGREEMENT CALLAHAN SUBDIVISION d THIS AGREEMENT, made this L.3 - day 1976, by and between THE CITY OF ASPEN. of /L,;;~ 0./ ~::7~-o:: c:M COLORADO (hereinafter sometimes called "City"), and BENEDICT LAND & CATTLE COMPANY, FREDRIC BENEDICT and FABIENNE BENEDICT (hereinafter sometimes collectively called "the owner"), and ROBERT S. GOLDSAl'1T or the assignee of Goldsamt (hereinafter sometimes called "the subdivider"). WIT N E SSE T H : WHEREAS, the subdivider with the consent and approval of the owner has submitted to the City for approval, execution, and recordation, the final plat and development plan of a tract of land situated in the east one-half of Section 18, T. lOS, Range 84 west of the Sixth Principal Meridian, Aspen, Colorado, designated as Callahan Subdivision ("the plat"); and WHEREAS, said Plat encompasses land located within an area in the City zoned RR and R-15; and WHEREAS, the City has fully considered such Plat, the pro- posed development and the improvement of the land therein, and the burdens to be imposed upon other adjoining or neighboring properties by reason of the proposed development .and improve- ment of land included in the Plat; and WHEREAS, the City is willing to approve, execute, and accept for recordation that Plat upon agreement of the owner and the subdivider to the matters hereinafter described, and subject to all the requirements, terms, and conditions of the City of Aspen Subdivision Regulations now in effect and other laws, rules and regulations as are applicable; and WHEREAS, the City has imposed conditions and requirements in connection with its approval, execution and acceptance for ~ BOOK 312 PAGE 111 recordation of the Plat, and that such matters are necessary to protect, promote, and enhance the public welfare; and WHEREAS, under the authority of Section 20-16(c) of the Municipal Code of the City, the City is entitled to assurance that the matters hereinafter agreed to will be faithfully performed by the subdivider. NOW, THEREFORE, in consideration of the premises, the mutual covenants herein contained, and the approval, execution and acceptance of the Plat for recsrdation by the City, it is agreed as follows: 1. All references to lot numbers hereinafter set forth are as described on Sheet No. 1 of the Final Plat and Develop- ment Plan of the Callahan Subdivision ("Plat"). A. Fee simple title to Lots No. 13 and l3-A will be conveyed in undivided interests to the condominium owners, subject to existing easements and road and utility easements contemplated by the Plat and additional utility easements as may be required. Lots No. 13 and 13-A will be used for condominium units. B. Lot No. l3-B shall be conveyed in fee simple to a corporation to be organized by the purchaser of such property from the owner or by such purchaser's assignee. Such corporation is hereinafter referred to as "Holding Corporation". The Holding Corporation shall grant to all condominium and homesite owners a non-exclusive easement for the recreational use of Lot l3-B so long as such lot is not hereafter authorized for improvement or commercial use by P.U.D. amendment or other appropriate governmental approval and shall grant such easements as are necessary for the roads and utilities reflected on the Plat. C. Lot No. 14 will be owned in fee simple title by the Holding Corporation or another corporation con- trolled by or under common control with the Holding -2- ~ BOOK 312 i'AGE 1.12 Corporation or its or their assignees. The Benedict residence situated on this lot will be converted to a clubhouse. The owners of condominium and homesites will be granted an irrevocable non-exclusive license for passage by foot only, throughout those portions of Lot 14 on which there are no improvements currently or hereafter existing. D. Lots No. 14-A and 15 will be conveyed in fee simple title to the Holding CQrporation or a corporation controlled by or under common control with the Holding Corporation or its or their assignees. Lot 14-A will contain parking facilities for use of the clubhouse and recreational facilities contained in the Plat, and Lot 15 will contain recreational facilities. E. Lots No. 1 through 10 shall be conveyed in fee simple title to the purchasers of these ten home- sites. Lot No. 10 is designated as a duplex for occupancy by two families; the other lots are for single-family homes. F. Lot No. 11 is designated as a single-family lot. G. Lots 12 and 12-A are collectively designated as a single-family lot. Lot l2-A is the guesthouse for Lot 12. H. Lot No. 16 is designated as an existing office building for such uses as have heretofore been approved by the City of Aspen. I. All roads as reflected on the Plat and the rights of way on which such roads are to be constructed shall be owned by the Holding Corporation or a corporation controlled by or under common control with the Holding -3- ~. BOOK 312 rA~E 113 Corporation or its or their assignees, and such corpor- ation shall grant an irrevocable non-exclusive license to the owners of the condominiums ~nd homesites for their use. The owner shall retain a hon-exclusive cost-free easement on Crystal Lake Road for access, . ingress, and egress to and from Lots 11, 12 and l2-A. ownership of those lots is being retained by the owner. J. Easements for utility improvements and rights of way shall be granted to the Public utilities as shown on the Plat. K. Maintenance of the property and structures ~n- cluded within the Plat shall be the responsibility of the owners of the fee simple title to such property and improvements 1 provided, however, when hereunder any easement is granted with respect to any such land or improvement, the cost of maintenance shall be borne by all grantees of such easements. L. The City shall provide up to a maximum of 0.65 cfs. of water as needed from the Nellie Bird Ditch as hereinafter set forth in Paragraph 8(e) (1) for the maintenance of a water level not lower than the lowest water level in Crystal Lake as shown on Page 3 of the Plat. The Holding Corporation or a corporation controlled by or under common control with the Holding Corporation or its or their assignees, shall make provision for supplying such water to. Crystal Lake in order to insure its use for recreational activity. 2. Subject to the conditions contained in this paragraph, the subdivider shall provide for the estimated costs for construc- tion of all common improvements which include construction of roads, utilities, drainage improvements, landscaping, moving and paving if required by subdivider (the recreational trail), as described in the agreement between Pitkin County and Benedicts and irrigation ditch crossings through the subdivision as shown on the Plat and supplemental engineering plans. Also included shall be street l~ghting -4- r-. 600K312 PAcElli. sufficient to illuminate subdivision roads and traffic signs to comply with City regulations. The installation of those improve- ments shall commence in the spring of the year in which construction on Lots 13, 13A or 15 is to commence hereunder, or any homesites are sold, whichever event occurs sooner, and shall be constructed with due diligence thereafter until completed. In order to secure the performance of the construction and installation of the improvements herein agreed to by the subdivider and the City, and to guarantee one hundred (100%) percent of the current estimated cost of the improvements agreed by the City Engineer to be $ 271,000.00 ,the subdivider shall guarantee through a . conventional lender, or by sight draft or letter of commitment from a financially responsible lender (irrevocable until the construction is completed) that funds of the estimated costs of construction are held by it for the account of the subdivider for the construction and installation of improvements hereinabove described. In the event, however, that any portion of the improve- ments have not been installed according to the conditions contained herein, then, and in that event, the City may have sUch remaining work and improvements completed by such means and in such manner, by contract with or without public letting, or otherwise, as it may deem advisable, and the lender agrees to reimburse the City out of the funds held by it for the account of the subdivider for the City's costs incurred in completing said work and improve- ments; provided, however, in no event shall the lender be obligated to pay the City more than the aggregate estimated sum for these improvements, less those amounts previously paid and approved by the City, by reason of default of the subdivider in the performance of the terms, conditions, and covenants con- tained in this paragraph 2. However, the City waives no right to claim full compliance with the improvements required in ex- cess of the estimated costs. From time to time as work to be performed and improvements to be constructed herein progress, the subdivider may request that the office of City Engineer inspect such work and improvements as are completed and may submit to City the costs of such completed work and improvements. -5- ,-", BOOK312 PAGE115 When the City Engineer is satisfied that such work and improve- ments as are required by the subdivider to be completed in fact, have been completed in accordance with the terms hereof, the City Engineer will submit to the lender its statement that it has no objection to the release by the Guarantor of so much of the above-specified funds as is necessary to pay the costs of work performed and imp~ovements'installed pursuant to the terms of this Agreement, except that ten (10%) percent of the estimated cost shall be withheld by the lender until all pro- posed improvements are completed and approved by the City Engineer. Subdivider shall prepare and be responsible for the preparation of engineering plans, specifications, and construction drawings for all improvements included in Paragraph 2 above. These plans and specifications shall be submitted to the City Engineer and shall be approved prior to the commencement of any construction by the Subdivider. Subdivider shall also be responsible for pro- viding all necessary engineering and/or surveying services in con- junction with the construction of said improvements. The City Engineering Department shall be notified prior to the commencement of construction so that the work may be inspected during construction. 3. Site Data Tabulation (see Exhibit "A" attached hereto and incorporated herein by this reference.) 4. The subdivider agrees to line the Riverside Ditch for the full length of Lots 8 and 9 with a rubberized material to prevent seepage onto Lots 8 and 9. If the subdivider finds that use of the rubberized material is not feasible, a feasible alternative lining shall be used, provided the subdivider shall use best efforts to find an alternative to concrete lining. 5. The subdivider agrees, for himself and his successors and assigns, that he will not authorize any vehicular traffic to enter the area of the condominium units or recreational facilities -6- " ~ BOOK312 PAGE116 of the Callahan Subdivision from Ute Avenue unless such vehicles are for the purpose of construction, providing services to or deal- ing with emergencies of the Callahan Subdivision. Furthermore, neither the subdivider nor his successor or assigns shall pro- vide for any parking spaces along the border of Ute Avenue within any portion of the Callahan Subdivision. The prohibition contained in this paragraph shall not apply to the parking lot which presently exists on Lot 16 nor to any expansion thereof. 6. The subdivider agrees to relocate at subdivider's expense a portion of the recreational trail which will be moved to a location approximately as shown on the plat. Such relocation . shall be done as follows: By June 15 of the year in which construction is to commence on Lots 13, 13A or 15, subdivider shall cause such. trail to be roughed in place. The easement to that trail shall be granted to the City and shall be restricted to the following uses: pedestrian, equestrian, bicycling, and cross-country skiing. No motor vehicle of any'kind shall ever be allowed to use the trail, excepting only such vehicles as are absolutely necessary at the initial construction and subsequent maintenance and repair of the trail. 7. The subdivider agrees not to pave any of the roads in the subdivision until at least six months after all utilities are in place. 8. It is acknowledged by the owner that certain land areas included within or adjacent to the subdivided land have previously been used for agricultural uses or as meadow lands and have been irrigated by waters owned by the owner and carried in the Nellie Bird Ditch. The City of Aspen has established a policy of acquisition of those water rights beneficially used by annexed and subdivided lands at the time of annexation and subdivision approval, when the proposed development will be serviced by the City owned water utility: a. So as to avoid the establishment of competitive water utilities. b. To insure that all water used for domestic purposes meets minimum sanitary and health standards. -7- "'\ ~ BOOK312 I'AGl117 c. To prevent the abandonment of water rights by discontinuation of their beneficial use. d. To provide for the acquisition of more senior rights to guarantee water service to Aspen area users in time of low supply. e. To reduce the costs of condemnation for acqui- sition of water rights in the future. Therefore, it is agreed as a condition of subdivision approval. 1. That upon recording of the final plat of the . Callahan Subdivision the owner will convey to the City of Aspen, without further consideration, 0.65 cfs. of the Nellie Bird Ditch, Priority 3136 (Source: Roaring Fork River; adjudicated August 25,1936), which cor- responds to the ratio of the subdivided lands to all lands irrigated by this water right. In the event use of part of such water granted to the City shall become necessary to retain the lowest level of Crystal Lake (as described in Paragraph lL of this Agreement) the City of Aspen agrees to make available so much of the water right necessary to maintain the lowest water level; provided, however, that nothing herein shall be construed to require the City to supply ditches; rights of way, pumps, or other" facilities neces.sary to. t:ratisfer water to Crystal Lake. 2. That owner hereby grants to the City of Aspen a right of first refusal on the balance of the water right described in subparagraph (1) in the event such water right is offered for sale independently of a sale of the lands irrigated by said right. To the extent permitted by law this right of first refusal shall be deemed a covenant running with said irrigated lands, and bind the owner, his heirs, assigns and -8- .,......., BOOK 312 "AGE 118 ~. successors in interest. 3. That t.he owner does further agree to negotiate in good faith with the City of Aspen for the grant to the City (or its nominee) for a nominal fee of a revocable license to make beneficial use (as allowed by law) of part or all of the water right described in subparagraph (1) retained by owner, without jeop- ardizing owner's interest in said decreed water right. . 8.1 It is further acknowledged that owner owns a high priority right on Hunter Creek, namely, the Red Mountain Ditch, Priority No. 90 (Source: Hunter Creek, adjudicated May 11, 1899; headgate trans- ferred to Huston Ditch by decree recorded in Book 252, Page 575, records of the Pitkin County Clerk and Reocrder) hereinafter called Hunter Creek water right, the acquisition of which is .also of in- terest to the City of Aspen. Owner agrees, as a further condition of this subdivision approval and with reference to said right: a. That Owner hereby grants to the City of Aspen a ~ight of first refusal on the Hunter Creek water right in the event such right is offered for sale independently of a sale of the lands irrigated by said water right; and to the extent allowed by law, this right of first refusal shall be deemed a covenant on the lands so irrigated, and bind the owner, his heirs, assigns, and successors in interest. b. To negotiate with the City of Aspen in good faith for the acquisition of this right to facilitate the con- struction of a package filter plant on Hunter Creek. Ne- gotiations will be deemed to be proceeding in good faith when the City seeks such right only for construction of said package plant and owner attempts to achieve only {i} domestic water service for potential homesites on his lands above Hunter Creek and below the Red Mountain Road -9- ~ "'. BOOK312 I'AcEj19 (on the Red Mountain side), (ii) provision for the future irrigation of owner's meadow lands below the Huston Ditch and above Hunter Creek, and (iii) a total consider- ation on the sale of the water right which is equivalent to its fair market value, with proper credit and allowance being given for the fair market value of any exchanges, concessions, promises, undertakings or other consideration received pursuant to (i) and (ii). 9. In satisfaction of the deQication fee required to be paid to the City under Section 20-18 of the City of Aspen Muni- cipal Code for the purposes set forth therein, the subdivider agrees that upon recording of the final plat of the Callahan Subdivision, that he shall make a cash payment to the City in the amount of $90,000.00. 10. Notwithstanding anything contained herein or referred to the contrary, the owner and the subdivider, in developing the property contained within the Plat and the improvements as herein described, shall fully comply with the applicable rules, regulations, standards and laws of the City and other governmental agencies and bodies having jurisdiction. 11. The City agrees that since the townhouse-condominiums as designed do not exceed two and one-half stories in height, and the total height of each unit is constant, that a vertical envelope be created around each unit module allowing a maximum of two and one-half feet. above elevation shown on the PUD building plans to accommodate possible grade elevation variations. The intent of this Agreement is to provide the best possible relationship between buildings, between buildings and tops of carports, as well as the best utilization of existing terrain within the development zone. Prior to application for the building permit, the permit applicant will submit a ground survey, showing final building layout and floor elevations,. noting any variations in the contour. -10- .~ BOOK 312 PAGE 120 12. Subdivider agrees to pay the City in addition to its . dedication fee the sum of $250.00 which represents the agreed upon costs for the City to tap into the sewer line in Ute Children's Park. The $250.00 shall be due and payable upon the granting of the easement across Ute Children's Park and Ute Cemetery for sewer lines by the City. 13. Subdivider agrees to provide at his expense shuttle bus services consisting of van-type vehicles for the recreation facilities and the clubhouse of the. Callahan Subdivision upon the terms and conditions hereinafter set forth. The expenses of the acquisition, maintenance and operation of such vehicles shall be borne by the subdivider, and such service may be supplied by the purchase of appropriate vehicles, the leasing thereof, or any other available means which shall be adequate. The subdivider agrees to provide such vehicles in a number sufficient to serve the need therefor based upon year around operation between the Callahan Subdivision clubhouse and recreation facilities and downtown Aspen, provided, however, that such vehicles shall not number less than one. The term of this service shall be until the earlier of the following occurs: 1. Such van service shall no longer be needed; or 2. Until the transportation services provided by this Agreement are fulfilled by other public or private means. 3. Until the expiration of five years from the date hereof. 14. Upon execution of this Agreement by the parties hereto and provided all other conditions as herein contained have been met by the owner and the subdivider, the City agrees to execute the Plat of the Callahan Subdivision and accept the same for recordation in the Recording Office of Pitkin County, Colorado, upon payment of the recordation fees and costs to the City by -11- ^ --. BOOK312 PAGE121 subdivider. 15. Failure of the subdivider to pay dedication fee or to provide the requisite guaranty for roads and utilities and other improvements prescribed hereunder, shall carry only the sanction of prohibition of recording the subdivision plat and final development plan herein. If the foregoing sanction is imposed by the City upon the subdivider, it shall release the owner of all obligations under Paragraphs 8 and 8.2 hereof.. 16. The subdivider agrees to furnish City with an as-built survey description for sewer, water and trail easements. . 17. The subdivider agrees to allow the City to install a water line in Ute Avenue at the time subdivider constructs his eight-inch line greater in size than that eight-inch line, provided, however, that the City shall pay for .the extra cost above the cost of installing an eight-inch line. 18. The stages for the development of the subdivision improvements shall be according to Exhibit B attached hereto and incorporated herein by this reference. 19. At such time as and to the extent Goldsamt has assigned any of his rights hereunder or under any agreement with owner and such~assignee has assumed any obligation hereunder, Goldsamt shall have no further obligation for such assumed obligation. IN WITNESS WHEREOF, the parties hereto have hereunto set their \;....... ,h~ii.<Jlf ~Pf'..;~eals the day and year first above written. ,/"~'~;:;;';::.:' .<~.~\ . i:f:.~~fl~~"i T'; ~ . "~';:I\~'" ~?~.'~,~..( 1 ~,J: J :: . 1'~;~~~:~b ~ :I/u,~~ZiAJ Br , '>:'c.i1t.~:)et~ .,W ;, . ~, \~. /' 111/"01\1\\ .;' ATTEST: BENEDICT LAND & CATTLE COMPANY, Owner f.,.. s,~90r.eta ...... ..............~ "". \. '. !' " " "":~~ ./\ ~~. r:}o '\, ',^ f'\ , ,€')'" ... ,,\. y ..~,....~' -.."'.... .r " :' \- "..." "'.. (" ~} ~~ "'''f.:' .... \,,... 4. ...-', .. .> J.-.: I... \ '. .~ '...~. . \:'1 "... r 1''Ii' '. ~ ('\. ' , <1-. --.. " ( L" 'r., ~ -. ',. '.1 .r...., .. 1.:..,). l~. "', I (, ~ .. -.... .,' ',! 1'..1 ~ ......,. ~., ~"''-'; . -~ " ~ .~." ... 't: .," " -;.)~ ""'. ~" .." .:/ ", ~!. (,/ -"'.. ",- '., . "I 'l'" 00:..., "........... _( ,,..:~ 'I /"I.... ........... "'. '.', 'rJlf'~n'l ""'. ''.''''>,,'':'':\~':''~''''':'~'^'''.- ~~~i~2lC-:;;~;;- r.;;;l/~. - Presi,9.e.,nt _. ~~C2-~ .A/~..?~~~~_.:;;~.-"",-.~ <<F:ped:r;:~c A B?~dict, Owner "" , ~~-I"-.r~ .~~~~ ~;:;J1i:r7--"/~ Robert Goldsamt, Subdivider ^ " BO'OK 312 P^CE 122 STATE OF COLORADO ) ) ss. County of Pitkin ) cjtM The for / ~ day of. .. the City of Asp~n, instrument was acknowledged before me this .:Ud. , 1976, by Stacy Standley, Mayor of Colorado municipal corp~ration. .... Witness. my hand and official seal. ':~o.~:l},'.!/.. . My commission expires: .. .~;. ...~>.:..\~r.,:C6~mission expires .IanuarY.24, 1978 Cf)/~J(/ . ;Ji . .....~"', .,' '--i. - - - _~ - . _.~ ' , '., . 'otary :}!~: ,j:.,> ,"""','J ;. '., - \.\ \>'~ .. Publ].' c '" ".. ". \- '. J . ~r,..,"" ~.."....:~~<.~:,:.:.;, : ' ""'>",011f: 0'\",":(::::>' ;;';'. ,~/!f'"""", ,\ e." P'i";~' 'i , . . . . . ;':STATE OF COLORADO , .:u ~ Ai JJ6JJJ;;!Mf2- ;:;;.f /llte..Jl.e.J,de''l'l . 9. The foregoing instrument was' {'nowl~dged before me ~hiS I day of ~~{ifj;' , 1976, bY%~:lldxh A. Bl!l E'>"iet:, PuB! . atlfti:. of Benedict Lan & Cattle Company, a Colorado. corporation. County of Pitkin ) ) ) ss. , Witness my hand and official seal. <:iT I My commission expires: ,.' \. '.... . ,~'\~~.My>~ommissIon expires January' 24, 1978 : ~ :/! ~,~\ \ . ,'., I . ' , : . : w: , .;' ~, ""., "".:.~., \ " '. [0\.)'):' :, ~..~.. t~", '. p .' ,:.:,::<~":: "::':' , ..~..,~/"';lr~:'~.;': '.- . ,"".....,c, ,1\ """",' (fL~>>)f!a~~' Notary Public STATE OF COLORADO ) ) ) SS. y/'" '. . . . . . . '. . . .' . .1,1 /;",Jd ,7!o~e. iJ.r II/or/ley- I~-Ed-;f; ~/1' .... County of Pitkin instrument wa acknowledged before me this ,1976, by Fredric A. Benedict and Witness my hand and official seal. My commission expires: ~'J(jMO~~ Notary Public ","'~'(M'Y!. Go,.m~ission expires January 24. 1978 .,' ':J ...... I.' .,. 'v." ;" """'v" . "i' r,' r ~ 1 ,~,: ,\(\ I/.i,,, ::: .: \ '- :: ..~> : .<;" \" .... PI! -". uj. .... ~ . .1)'.... r:.;" '0 -13- 1"""\. " STATE OF COLORADO ) ) ss. County of Pitkin ) .~ eooK312'PAGE123 The foregoing instrument was acknowledged before me this J:3 day of Apt H(,l'1:"97 6, by Andrew ~ '-Heeh't-,.-Att~ney- 1ft Pact for Robert S. Goldsamt. Witness my hand and official seal. My Commission expires: . -14- - : , .~ ..,....t,'IHIIi/ /'.",',();) ,~t~" . ',,~\ "),:.... '.'" J ,~j I,., My Commlsslonexpires Nov, 14. .l.91,~f" ..... \l"J ......';.,.\ - ." ',., ., - E It' : y. . t.." ~ '.1,/> ': - " .. '("'!'.; ~...-::- ~.,>--o.., .....'\_ " : ~ S: m~"':" : "(!..'hrI'~ "~\.:;~';J ~ . '., '~l;.. U \~ : i........;:- . , ~ P '"'1" . . , u... '. .....~..... ,\', ,.... "-'I{ {; r./I'" (;. ',,-..,.. 'I", ' ...;!..:.J .\" . , (UUH1111't'\' _, ..