HomeMy WebLinkAboutcoa.lu.gm.Phillips/Gordon Subdivision.A49-94Phillips/Gordon Sub./GMQS
Exemp t''
A49-94 2737-182-31-004
J,naltI&J0,311,
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
(303)920-5090 G /
LAND USE APPLICATION FEES
CITY:
-63250-134
-63270-136
-63280-137
-63300-139
-63310-140
-63320-141
-63330-150
-63432-157
-63432-157
-MR011
HISTORIC PRESERVATION:
-63335-151
-63336-152
-63337-153
-63338-154
-63339-155
-63160-126
-63170-127
-63180-128
-63190-129
-63200-130
-63210-131
-63220-132
-63230-133
-63240-149
-93450-146
-63235-148
REFER9AL FEES:
-63360-143
00115-63340-163
00123-63340-190
00125-63340-205
PLANNING OFFICE SALES:
-63080-122
-69000-145
GMP/Conceptual
GMP/Final
SUB/Conceptual
SUB/Final
All-2 Step Applications
All 1 Step Applications
Staff Approval
Zoning Plan Check
Sign Permit
Use Tax for Sign Permits
Exemption
Minor
Major Devel.
Signrf. Devel.
Demolition
GMP/General
GMP/Detailed
GMP/Final
SUB/General
SUB/Detailed
SUB/Final
All 2 Step Applications
All 1 Step Applications
Staff Approval
Board of Adjustment
Zoning Plan Check
Engineering - County
Engineering - City
Housing
Environmental Health
County Code
Other (Copy Fees)
Name: 1 Phone:
Address / Y Project:
Check 4: - Date:
TOTAL
No of Copies: — -- — l--
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 07 12 94 PARCEL ID AND CASE NO.
DATE COMPLETE: 2737-182-31-004 A49-94
,e/t STAFF MEMBER: KJ
PROJECT NAME: Phillips/Gordon Su ./GMOS Exemption
Project Address: 918 East Cooper
Legal Address: Lots M & N, Block 117 and Block 35 E. Aspen Add.
APPLICANT: Susan Phillips and Leticia Gordon
Applicant Address:5300 Woodland Ave. & 20 Thirty -Seventh St. - Des
Moines, IA 50312 515-279-7616 & 515-279-4947
REPRESENTATIVE: Sunny Vann
Representative Address/Phone: 230 E. Hopkins 925-6958
Aspen, CO 81611
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FEES: PLANNING $ 978 # APPS RECEIVED 4
ENGINEER $ 96 # PLATS RECEIVED 4
HOUSING $
ENV. HEALTH $
TOTAL $ 1074
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: X 2 STEP:
P&Z Meeting Date
CC Meeting Date
q/26 - 2Nr
DRC Meeting Date '
REFERRALS:
City Attorney
City Engineer
Housing Dir.
Aspen Water
City Electric
Envir.Hlth.
Zoning
PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
PUBLIC HEARING: �ES,� NO
VESTED RIGHTS: YES NO
Parks Dept.
Bldg Inspector
Fire Marshal
Holy Cross
Mtn. Bell
ACSD
Energy Center
School District
Rocky Mtn NatGas
CDOT
Clean Air Board
Open Space Board
Other
Other
✓�
DATE REFERRED:
INITIALS: ���� DUE: �
FINAL ROUTING:
DATE ROUTED: ///27 INITIAL:
City Atty City Engineer
Housing Open Space
FILE STATUS AND LOCATION:
Zoning Env. Health
Other:
SUBDIVISION EXEMPTION AGREEMENT FOR THE
PHILLIPS GORDON LOT SPLIT
1380695 B�--779 P� 11`6 04/;__0/95 03:44P 1* 1 OF= ;� REC DOC
SILVIA DAVIS PITK%IrJ1 C01.INTY CLERK R RECORDER 2:'5.00
WHEREAS, STEVEN J. PHILLIPS, SUSAN Z. PHILLIPS, DAVID F.
GORDON and LETICIA GORDON (the "Applicants") are the owners of the
following described parcel of land in Pitkin County,, Colorado, to
wit:
Lots M and N, Block 117, City and Townsite of
Aspen;
and
Lots M, N, '� and P, Block 35, East Aspen
Addition to the City and Townsite of Aspen
(together the "Property"),
whicbProperty has a street address of 918 East Cooper Avenue,
Aspen, Colorado 81611; and
WHEREAS, Applicants have requested an exemption from the
definition of subdivision for a lot split of the Property pursuant
to Section 24-7-1003.A.2. of the Aspen Municipal Code; and
WHEREAS, the Planning Department, the Engineering Department
and the Parks Department have recommended approval of the
application, subject to conditions; and
WHEREAS, the City Council has found that the proposed lot
split, with conditions, meets or exceeds all applicable development
standards and, on October 24, 1994, granted the Applicants' request
for exemption from the definition of subdivision, pursuant to
Ordinance i�o. 45 (Series of 1994); and
WHEREAS, the Property has been approved for the development of
(a) one single-family residence on one of the lots created by the
lot split, and (b) one duplex on the other lot. The duplex_ may be
constructed on either Lot 1 or Lot 2, in the discretion of the
Applicants; and
WHEREAS, a Subdivision Exemption Agreement is required between
the Applicants and the City of Aspen binding the Applicants and the
Property to all conditions placed upon the approvals for the
subdivision as set forth in §24-7-1005 of the Municipal Code of the
City of Aspen; and
WHEREAS, the City is willing to approve and execute this
Agreement and the corresponding lot split subdivision plat for the
Property in exchange for Applicants' covenants and agreements set
forth herein.
r
NOW, THEREFORE, the City Council of the City of Aspen does
hereby determine that the proposed lot split of the above -described
Property meets or exceeds all applicable development standards, and
the City Council does, for such reason, grant an exemption from the
definition of subdivision for such lot split. In consideration of
the mutual covenants contained herein and the approval, execution
and acceptance of the plat for recordation by the City of Aspen, it
is agreed as follows:
1. Contemporaneously herewith, the Applicants have recorded
a Plat of the Phillips/Gordon Lot Split Subdivision in Plat Book
at Page I of the Office of the Clerk and Recorder of Pitkin
County, Colorado.
2. Contemporaneously herewith, the Applicants have recorded
a Curb and Gutter Agreement in Book -In at Page !ItL of the Office
of the Clerk = Recorder of Pitkin County.. Colorado.
3. All setback non -conformities created as a result of the
approval of the Phillips/Gordon Lot Split Subdivision shall be
eliminated in connection with the development of Lots 1 and 2. All
setbacks shall conform to the requirements of the R/MF,
Residential/Multi-Family zone district.
4. The relocation, demolition or partial demolition of any
existing structure located on Lots 1 and 2 which is listed on the
City's inventory of historic structures shall be reviewed and
approved by the Historic Preservation Committee as may be required.
5. All development on Lots 1 and 2 shall comply with the
storm runoff requirements of Section 24-7-1004.C.4.f. of the Aspen
Municipal Code prior to the issuance of any building permit.
6. Any surface utility needs for pedestals or other
facilities shall be installed on an easement to be provided by the
owner(s) of Lots 1 and 2 and not in the public right-of-way.
7. The Applicants agree to join any future improvement
districts for improvements to be constructed in public rights-of-
wav adjoinina the Property.
8. The owner(s) of Lots 1 and 2 shall consult with the City
Engineering Department for design considerations of development
within public rights -of -way, and with the Parks Department for
vegetation species, and shall obtain permits for any work or
development, including landscaping, within public rights -of -way
from the City Streets Department. Approval of building permit
plans does not constitute approval of design or work in public
rights -of -way.
9. Affordable housing mitigation shall be provided in
connection with the single-family dwelling unit, as follows. In
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the discretion of the Lot owner, the owner shall do one of the
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following: (i) provide an accessory dwelling unit; (ii) pay
applicable affordable housing impact fee; or (iii) provide a
resident occupied deed restriction on the single-family dwelling
being constructed. If the owner elects to build an accessory
dwelling unit on the lot, the unit must be approved prior to the
issuance of any building permit for the Lot, and a deed restriction
must be recorded with the Office of the Clerk and Recorder of
Pitkin County, Colorado and a copy delivered to the Planning Office
prior to approval by the Planning Office of any building permit
application.
10. Affordable housing mitigation shall be provided in
connection with the duplex dwelling unit as follows. In the
discretion of the Lot owner, the owner shall do one of the
following:
(i) provide one free-market unit, and one resident -
occupied unit (with an appropriate deed restriction)
containing a minimum of 1500 square feet;
(ii) provide two free market units, and one accessory
dwelling unit containing a minimum of 600 square feet;
(iii) provide two resident -occupied units, each
appropriately deed restricted; or
(iv) pay the applicable affordable housing impact fee.
If the owner elects to build two free market units and an accessory
dwelling unit on the Lot, the unit must be approved prior to the
issuance of a building permit for the Lot, and a deed restriction
must be recorded with the Office of the Clerk and Recorder of
Pitkin County, Colorado and a copy delivered to the Planning Office
prior to approval by the Planning Office of any building permit
application.
11. The Applicants shall comply with all material
representations made by the Applicants in the application and
during public meetings with the City Council unless otherwise
amended in this Agreement.
12. The provisions of this Agreement shall run with and
constitute a burden on the title to the Property and shall be
binding on and inure to the benefit of Applicants and Applicants'
successors and assigns and to the City, its successors and assigns.
13. This Agreement may be altered or amended only by written
instrument executed by all parties hereto with the same formality
as this Agreement is executed.
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(SEAL)
( SEAL) KATHELYN M. HESTON
MY COMMISSION EXPIRES
YG
STATE OF )
ss.
COUNTY OF )
14. If any provision of this Agreement is determined to be
invalid, such invalidity shall not affect the remaining provisions
hereof.
Entered into this f day of li , 1995.
APPLICANTS:
STATE OF
ss.
COUNTY OF
Leticia Gordon
The o egoing instrument was acknowledged before me this
day of , 1995, by Steven J. Phillips and Susan Z.
Phillips.
WITNESS my hand and official seal.
My commission expires:
a Vublic
The Mfoing instrument was acknowledged before me this
day of 3-995, by David F. Gordon and Leticia
Gordon.
WITNESS my hand and official seal.
My commission expires:
ota ubl c
KATHELYN M. HEST
ON
MY COMMISSION EXPIRES
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CITY:
ATTEST:
Kathryn K�� h, C y Clerk
APPROVED AS TO FORM:
John Worcester,
Ci+iv Attornew,
1
STATE OF COLORADO )
) ss.
COUNTY OF PITRIN )
•
THE Y OF �,S
By:
Hon r ble J
May ,
, COLORADO
S. Bennett,
Th o going instrument was acknowledged before me this A�
day of _ , 1995, by John S. Bennett, as Mayor, and
by,Kathryh Koch, as City Clerk, of the City of Aspen, Colorado.
WITNESS my hand and official seal.
"Ot commission expires: Ala fc9
(SEAL)
Tota-rV Public
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CURB AND GUTTER AGREEMENT
BETWEEN
STEVEN J. PHILLIPS, SUSAN Z. PHILLIPS,
DAVID F. GORDON AND LETICIA GORDON
(COLLECTIVELY "OWNER") AND
THE CITY OF ASPEN, COLORADO
WHEREAS, Owner is the record owner of Lots M and N, Block 117,
City and Townsite of Aspen, and of Lots M, N, O and P, Block 35,
East Aspen Addition to the City and Townsite of Aspen, Pitkin
County, Colorado (together the "Property"), the street address of
which is 918 East Cooper Avenue, Aspen, Colorado 81611; and
WHEREAS, Owner's Property is within a zone district or other
area as designated on the City of Aspen adopted curb and gutter
plan requiring construction of curb and gutter prior to issuance of
a Certificate of Occupancy or, in lieu thereof, an agreement for
future construction pursuant to Section 19-100 of the Municipal
Code; and
WHEREAS, at this time, the City Engineer deems the
construction of curb and gutter on public right-of-way adjacent to
Owner's Property within three (3) years infeasible due to existing
improvements or conditions.
NOW, THEREFORE, the parties agree as follows:
1. Owner agrees to construct curb and gutter along the
frontage of Owner's Property (approximately 120 feet) at such time
as the City of Aspen deems construction necessary and feasible. It
is acknowledged by all parties that the present requirement is for
a two foot (21) wide gutter with a six inch (611) vertical curb
meeting City specifications.
2. In the alternative, at the City's option, the City may
construct the above improvements and Owner shall reimburse the City
for all reasonable costs of such construction. Reimbursement shall
be made to the City within ninety (90) days after receipt of
invoice.
3. This
the benefit of
parties hereto.
Agreement shall be binding upon and shall inure to
the heirs, assigns and successors in title of the
Entered into this day of
380696 B-7 79 P- 131 04/LO/95 03:'58P PG 1 OF 3 REC DOC
SILVIA DAVIS PITN.IN COUNT-Y CLERK & RECORDER 1S.00
•
( SEAL) *.'�l
KATHELYN M. HESTON
MYCOMMISSION EXPIRES G
Leticia Gordon
STATE OF )
COUNTY OF )
The fo e oing instrument was acknowledged before me this
day of , 1995, by Steven J. Phillips and Susan Z.
Phillips.
WITNESS my hand and official seal.
My commission expires:
ar ubl1cc:
STATE OF )
ss.
COUNTY OF )
The f ing instrument was acknowledged before me this
day of 1995, by David F. Gordon and Leticia
Gordon.
WITNESS my hand and official seal.
My commission expires:
( SEAL) 'Ia(
e t KATHELYN M.HESTON
MYC MMISSIONEXPIRES ar u lc
ow. G
THE CZTX OF ASPEN COLORADO
ATTEST:
Kathryn o�ch, Cl Clerk
2
By: c--
Hon
Mav
G8OC�96 B-779 F-13� 04/;_0/9 � OG: 58P FIG
e Joh* S . Bennett,
OF--
1 0 0
STATE OF COLORADO )
) Ss.
COUNTY OF PITKIN )
Th f regoing instrument was acknowledged before me this I
day of , 1995, by John S. Bennett, as Mayor, and
by Kathry Koch, as City Clerk, of the City of Aspen, Colorado.
WITNESS my hand and official seal.
My commission expires: 41Cq-2 '
Notar Public
380696 B-779 P-1313' 04/c=0/9-5 03:58P FIG 3 QF 3
14503.1 3
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Sunny Vann
230 E. Hopkins Ave.
Aspen, CO. 81611
RE: Phillips/Gordon Lot Split
Dear Sunny,
ASPEN • PITKIN
PLANNING & ZONING DEPARTMENT
COMMUNITY DEVELOPMENT DEPARTMENT
March 3, 1995
Per your request, this letter clarifies the approval and
development capabilities for. the Phillips/Gordon lots. The lot
split allows for a maximum buildout of one single family residence
and one duplex as development exempt from growth management. The
owner may choose which lot contains each structure. ' Underlying
zoning setbacks and other dimensional requirements must be
maintained. If you have any further questions please call me at
920-5100.
Sincerely,
Kim Johnson
Planner
cc: file
130 SOUTH GALENA STREET • ASPEN, COLORADO 81611 • PHONE 303.920.5090 • FAx 303.920.5197
Pnmed m leryded Paper DIRECT FAx LINE: 303.920.5439
MEMORANDUM /
TO: Mayor and Council
THRU: Amy Margerum, City Manager
THRU: Stan Clauso Community Development Director
FROM: Kim Johnson, Planner
DATE: October 24, 1994
RE: Phillips/Gordon Subdivision Exemption, GMQS Exemption for
a Lot Split, Second Reading of Ordinance 45, Series of
1994
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SUMMARY: The applicants, Susan Phillips and Leticia Gordon,
request a lot split to create a second residential parcel.
Pursuant to Section 24-7-1003, a lot split is a subdivision
exemption and GMQS Exemption by Council.
Since first reading, the determination has been made in
consultation with legal staff that affordable housing options for
new development allowed within Sectio8-104 A.l.c. (GZOinance 1,
1990, Housing Replacement) will be a`n p`pr3ca'ble to this lot split.
This allows the owner to choose one of the following options for
each lot to be developed: deed restrict the single family residence
or one half of a duplex, provide an accessory dwelling unit, or pay
cash -in -lieu for the increase in floor area on the site.
Previously staff was directing that an accessory dwelling must be
provided for any unit developed on the lots. Condition number 7
inn;Ordinance 45 has-been updated per this decision.
LOCATION: 918 E. Cooper Ave. (Lots M & N Block 117 City and
Townsite of Aspen, and Lots M, N, O and P, Block 35, East Aspen
Addition) The parcel is approximately 12,000 square feet.
ZONING: R/MF (Residential Multi -Family)
APPLICANT'S - _ T request is for a stYb visio"n 'exe p-t* on
to split th 12,000 square of parcel into twq 6,000 square f-Tt
parcels. Th'� -underly-ing -R/MF zone will allow a duplex --on- one--- f
the parcels. The other parcel must contain a single family home
per the requirements of the lot split process. The applicant
requests that the duplex may be developed on either of the new
lots. Please refer to Exhibit "A" for the proposed plat.
REFERRAL COMMENTS: Please see complete referral memos, Exhibit
"B".
Parks: Rebecca Baker suggests that building envelopes should be
defined on proposed Lot 1 to protect the three large spruce trees
which exist on the property. Because of the location of the trees
and the desire to protect them, it would make sense to determine
that Lot 1 should be the parcel on which to build a single family
home and Lot 2 the duplex.
Engineering: 1) The Plat must meet the requirements of Section
24-7-1004 of the Municipal Code.
2) The applicant shall sign a curb and gutter agreement prior to
approval of the plat.
3) Any development on the parcel must comply with storm runoff
requirements of Section 24-7-1004 C.4.f.
4) Electric transformer easements shall be provided on private
property and shown on the plat
5) The applicant shall agree to join any future improvements
districts for improvements in the public right-of-way.
6) Permits are necessary for any work in the right-of-way.
Historic Preservation: The relocation, demolition or partial
demolition of any of the historic inventory structures on the
parcel(s) must receive review and approval by the Historic
Preservation Committee (HPC). Approval of the lot split by City
Council does not negate HPC's review and determination of findings.
STAFF COMMENTS: There is an existing 780 s.f. single family
residence, a 360 s.f. building rented as a dwelling, a detached
garage and a storage shed on the parcel. These structures are on
the City's Historic Inventory, so demolition or relocation of the
buildings must be reviewed by the HPC. The shed and the rental
unit encroach into the alley. The shed, rental unit and the garage
encroach into the 5' rear yard setback required in the R/MF zone.
As mentioned in the Parks referral comments, there are three
significant spruce trees on proposed Lot 1. Any development which
causes removal or relocation of these trees must receive a permit
from the Parks Department. It is recommended that the developer
protect the trees with barricades and prohibit all excavation and
construction to take place outside of the trees' driplines.
Lot Split criteria: The split of a lot for the purposes of the
development of one detached single-family dwelling is a subdivision
exemption by Council. In addition, the development of a single
family home on a lot formed by a lot split is also a GMQS Exemption
by Council. Pursuant to Sections 24-7-1003 and 24-8-104 C., a lot
split subsequent to November 14, 1977 may be granted if all of the
following conditions are met:
A. The land is not located in a subdivision approved by either the
Pitkin County Board of County Commissioners of the city council,
or the land is described as a metes and bounds parcel which has
not been subdivided after the adoption of the subdivision
regulations by the City of Aspen on March 24, 1969.
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RESPONSE: The property is in the original Townsite and East Aspen
Addition, thus is not located in a subdivision approved by either
the BOCC or Council, and has not been subdivided after 1969.
B. No more than two lots are created by the lot split, both lots
conform to the requirements of the underlying zone district and the
applicant commits that any lot for which development is proposed
will contain an accessory dwelling unit. When there is demolition
of the property which makes it subject to the provision of Article
5, Division 7, Replacement Housing Program, the standards of that
program shall supersede these requirements.
RESPONSE: No more than 2 lots will be created by this lot split.
The two parcels will conform to the underlying R/MF zone district
requirements. HPC will review any demolitions or relocations of
the structures on either new parcel. Language stating HPC's review
requirement must be included on the plat.
Because the existing home and outbuildings conflict with the
proposed lot line bisecting the property, the Subdivision Exemption
Plat must reflect that any new development on the parcel will
require that these buildings conform to the required side yard
setbacks. This Plat note removes the need to have the existing
structures go before the Zoning Board of Adjustment for a variance
to the new setbacks or demolish the structure prior to recording
the plat.
As mentioned in the summary section of this memo, staff has made
the determination that the 1990 affordable housing mitigation
requirements of Ordinance 1 (Section 24-8-104 A.l.c.) supersede the
1988 requirements that each lot created by a lot split must provide
an accessory dwelling unit. However, if an accessory dwelling unit
is proposed, it must receive approval as required by the land use
regulations. Otherwise, Ordinance 1 allows for other options
including deed restriction of the new units or payment of cash -
in -lieu for new floor area on the parcel. Ordinance 1 also
supersedes the RMF zone district requirement that a duplex must
provide an accessory dwelling unit for each half of the duplex.
C. The lot under consideration, or any part thereof, was not
previously the subject of an exemption under the provisions of this
article or a "lot split" exemption pursuant to a GMQS Exemption by
Council.
RESPONSE: The subject parcel was not previously granted an
exemption under the provisions of Chapter 24, the Land Use section
of the Municipal Code.
D. A subdivision plat is submitted and recorded after approval,
indicating that no further subdivision may be granted for these
lots nor will additional units be built without receipt of
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applicable approvals pursuant to this article and growth management
allocation pursuant to Article 8.
RESPONSE: A subdivision plat and subdivision exemption agreement
shall be reviewed by the Planning and Engineering Departments and
shall be recorded within 180 days of final approval. Failure to
record the agreement and plat shall nullify the approval.
RECOMMENDATION: Staff recommends approval of the proposed lot
split with the following conditions:
1. All material representations made by the applicant in the
application and during public meetings with the Council shall be
adhered to and considered conditions of approval, unless otherwise
amended by other conditions.
2. The subdivision plat and subdivision exemption agreement shall
be reviewed and approved by the Engineering and Planning
Departments and shall be filed within 180 days of final approval
or subdivision approval is void.
3. The final plat shall meet the requirements of Section 24-7-
1004 of the Municipal Code and shall include but not be limited to
the following:
a. The surveyor's certificate or a note on the drawing must
state that all easements of record as indicated on Title
Policy No. , dated have been shown.
b. Two corners of the existing parcel are not indicated as
being monumented. The corners need to be monumented prior to
final plat approval. The interior monuments are required to
be set within one year of the sale of either lot.
c. The surveyor's certificate or a note on the plat needs to
state that the survey closes to 1:10,000.
d. Adjacent, subdivided lots are required to be labeled on
the plat.
e. Area of the property to the nearest 0.001 acre and the
zone district.
f. Language stating that the setback non -conformities created
by the new lot line shall be eliminated during redevelopment
on the two lots to conform with the setback requirements of
the R/MF zone district.
g. Language stating that prior to the issuance of any
building permits the proposed development or redevelopment of
4
the property shall meet the storm runoff requirements of
Section 24-7-1004.C.4.f. This would provide for only historic
storm runoff to be permitted to leave the site.
h. Language stating that any new surface utility needs for
pedestals or other facilities shall be installed on an
easement provided by the applicant and not in the public
right-of-way.
i. Language stating that the relocation, demolition or
partial demolition of any of the historic inventory structures
on the parcel(s) must receive review and approval by the
Historic Preservation Committee (HPC). Approval of the lot
split by City Council does not negate HPC's review and
determination of findings.
4. Prior to final plat approvals, the applicant shall enter into
an agreement to construct curb and gutter if required by the
City in the future.
5. The applicant shall agree to join any future improvements
districts for improvements to be constructed in the public
right-of-way.
6. Lot owners shall consult city engineering for design
considerations of development within public rights -of -way,
parks department for vegetation species, and shall obtain
permits for any work or development, including landscaping,
within public rights -of -way from city streets department.
Approval of building permit plans does not constitute approval
of design or work in the public right-of-way.
7. Affordable housing mitigation pursuant to the options stated
in Section 24-8-104 A.l.c. shall be required for each lot.
If an accessory dwelling unit will be developed on a lot, it
shall be approved prior to the issuance of any building
permit, and a deed restriction shall be recorded with the
Pitkin County Clerk and Recorder. Copies of the deed
restrictions must be forwarded to the Planning Office prior
to Planning's approval of the building permits.
RECOMMENDED MOTION: "I move to approve Ordinance 45, Series of
1994 for the lot split subdivision exemption at 918 E. Cooper
Avenue, Aspen Colorado."
Ordinance , Series of 1994.
EXHIBITS:
A. Proposed Plat
B. Referral Comments
5
ORDINANCE NO. 45
(SERIES OF 1994)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBDIVISION
EXEMPTION AND GMQS EXEMPTION FOR A LOT SPLIT FOR 918 EAST COOPER
AVENUE (LOTS M AND N, BLOCK 117, CITY AND TOWNSITE OF ASPEN AND
LOTS M, N, O AND P, BLOCK 35, EAST ASPEN ADDITION) ASPEN,
COLORADO
WHEREAS, pursuant to Sections 24-7-1003 and 24-8-104 C., of
the Municipal Code, a lot split is a subdivision exemption and GMQS
exemption reviewed by City Council; and
WHEREAS, the applicants, Susan Phillips and Leticia Gordon
have requested to split their approximate 12,000 square foot parcel
to create a second residential parcel; and
WHEREAS, the Planning Department, Engineering Department and
Parks Department have reviewed the application and recommend
approval of the lot split with conditions; and
WHEREAS, the Aspen City Council has reviewed and considered
the subdivision exemption and GMQS exemption under the applicable
provisions of the Municipal Code as identified herein, has reviewed
and considered those recommendations made by the Planning
Department and has taken and considered public comment at public
hearing; and
WHEREAS, the City Council finds that the lot split, with
conditions, meets or exceeds all applicable development standards;
and
WHEREAS, the City Council finds that this Ordinance furthers
and is necessary for public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Section 1: Pursuant to Sections 24-7-1003 and 24-8-104 C. of the
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Municipal Code, and subject to those conditions of approval as
specified hereinafter, the City Council finds as follows in regard
to the subdivision exemption and GMQS exemption:
1. The applicant's submission is complete and sufficient to
afford review and evaluation for approval.
2. The subdivision exemption is consistent with the purposes of
subdivision which is to assist in the orderly and efficient
development of the city and safeguard the interests of the
public and the subdivider and provide consumer protection for
the purchaser.0
Section 2: Pursuant to the findings set forth in Section 1 above,
the City Council does hereby grant a subdivision exemption and GMQS
exemption for 918 East Cooper Avenue with the following conditions:
1. All material representations made by the applicant in the
application and during public meetings with the Council shall
be adhered to and considered conditions of approval, unless
otherwise amended by other conditions.
2. The subdivision plat and subdivision exemption agreement shall
be reviewed and approved by the Engineering and Planning
Departments and shall be filed within 180 days of final
approval or subdivision approval is void.
3. The final plat shall meet the requirements of Section 24-7-
1004 of the Municipal Code and shall include but not be
limited to the following:
a. The surveyor's certificate or a note on the drawing must
state that all easements of record as indicated on Title
Policy No. , dated have been shown.
b. Two corners of the existing parcel are not indicated as
being monumented. The corners need to be monumented prior to
final plat approval. The interior monuments are required to
be set within one year of the sale of either lot.
c. The surveyor's certificate or a note on the plat needs to
state that the survey closes to 1:10,000.
d. Adjacent, subdivided lots are required to be labeled on
the plat.
e. Area of the property to the nearest 0.001 acre and the
zone district.
f. Language stating that the setback non -conformities created
6
0
•
by the new lot line shall be eliminated during redevelopment
on the two lots to conform with the setback requirements of
the R/MF zone district.
g. Language stating that prior to the issuance of any
building permits the proposed development or redevelopment of
the property shall meet the storm runoff requirements of
Section 24-7-1004.C.4.f. This would provide for only historic
storm runoff to be permitted to leave the site.
h. Language stating that any new surface utility needs for
pedestals or other facilities shall be installed on an
easement provided by the applicant and not in the public
right-of-way.
i. Language stating that the relocation, demolition or
partial demolition of any of the historic inventory structures
on the parcel(s) must recieve review and approval by the
Historic Preservation Committee (HPC). Approval of the lot
split by City Council does not negate HPC's review and
determination of findings.
4. Prior to final plat approvals, the applicant shall enter into
an agreement to construct curb and gutter if required by the
City in the future.
5. The applicant shall agree to join any future improvements
districts for improvements to be constructed in the public
right-of-way.
6. Lot owners shall consult city engineering for design
considerations of development within public rights -of -way,
parks department for vegetation species, and shall obtain
permits for any work or development, including landscaping,
within public rights -of -way from city streets department.
Approval of building permit plans does not constitute approval
of design or work in the public right-of-way.
7. Affordable housing mitigation pursuant to the options stated
in Section 24-8-104 A.l.c. shall be required for each lot.
If an accessory dwelling unit will be developed on a lot, it
shall be approved prior to the issuance of any building
permit, and a deed restriction shall be recorded with the
Pitkin County Clerk and Recorder. Copies of the deed
restrictions must be forwarded to the Planning Office prior
to Planning's approval of the building permits.
Section 3: If any section, subsection, sentence, clause, phrase
or portion of this ordinance is for any reason held invalid or
3
unconstitutional by any court of competent jurisdiction, such
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 4: This Ordinance shall not affect any existing litigation
and shall not operate as an abatement of any action or proceeding
now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and
concluded under such prior ordinances.
Section 5: A public hearing on the Ordinance shall be held on the
day of , 1994 at 5:00 P.M. in the City Council Chambers,
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published one in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
the City Council of the City of Aspen on the day of
1994.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this day of
, 1994.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
4
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Approved , 19
By Ordinance
MEMORANDUM
To: Kim Johnson, Planning Office
From: Chuck Roth, Engineering Department
Date: August 15, 1994
Re: Phillips/Gordon Subdivision Exemption for a Lot Split
Having reviewed the above referenced application, the Engineering Department has the
following comments:
1. Access - The application states that access will be from the alley. This is the best
access.
2. Encroachment - As noted in the application, the existing structures encroach into the
alley right-of-way. Since the structures will be removed or relocated, no encroachment
license will be required at this time.
3. Final Plat - The final plat must meet the requirements of Section 24-7-1004 of the
Municipal Code.
4. Sidewalk, Curb & Gutter - The existing sidewalk meets City requirements. The
applicant should be required to sign and record an agreement, prior to signing the final
plat, to construct curb and gutter at such time in the future as directed by the City.
5. Storm Runoff - It should be a condition of approval for the lot split be that
development or redevelopment of the property meet the storm runoff requirements of
Section 24-7-1004.C.4.f. This would provide for only historic storm runoff to be permitted
to leave the site. This is discussed in the application, and the applicant should be required
to provide detailed storm runoff drainage plans prior to the issuance of any building
permits.
6. Utilities - Any new surface utility needs for pedestals or other facilities must be
installed on an easement provided by the applicant and not in the public right-of-way. As
indicated in the application, the City Electric Superintendent has specified that transformer
easements be provided for on the final plat.
7. Improvement Districts - The applicant shall agree to join any future improvements
districts for improvements to be constructed in the public right-of-way.
8. Development in the Public Right -of --way - Given the continuous problems of
unapproved work and development in the public rights -of -way, we advise the applicant as
follows:
The applicant shall consult city engineering (920-5080) for design
considerations of development within public rights -of -way, parks department
(920-5120) for vegetation species, and shall obtain permits for any work or
development, including landscaping, within public rights -of -way from city
streets department (920-5130).
Approval of building permit plans does not constitute approval of design or work in the
public right-of-way.
cc: Cris Caruso
M91.310
ICI • • •I. 1
TO: Kim Johnson, Planning Office
THRU: George Robinson, Parks Director
FROM: Rebecca Baker, Parks Department
DATE: August 16, 1994
RE: Phillips/Gordon Lot Split
We have reviewed the application submitted by Susan Phillips and Leticia Gordon for a lot split at
918 East Cooper. The items of greatest concern on this property are the trees located on lot 1.
There are three (3) large spruce that are nearly perfect that should be saved to the greatest extent
possible. It is suggested that the single family residence be constructed on lot 1 to allow greater
flexibility to design around the trees versus constructing a building to the maximum of the building
envelope. The trees enhance the property and are an amenity to the landscape. Additionally, no
landscape plan has been submitted, however, design should include water conserving irrigation
systems per the water conservation code.
0
0
MEMORANDUM
TO: Mayor and Council
THRU: Amy Margerum, City Manager
THRU: Leslie Lamont, Deputy Planning Direct
FROM: Kim Johnson, Planner
DATE: September 12, 1994
RE: Phillips/Gordon Subdivision Exemption, GMQS Exemption for
a Lot Split, First Reading Ordinance V7 , Series of 1994
(Consent Agenda)
SUMMARY: The applicants, Susan Phillips and Leticia Gordon,
request a lot split to create a second residential parcel.
Pursuant to Section 24-7-1003, a lot split is a subdivision
exemption and GMQS Exemption by Council.
LOCATION: 918 E. Cooper Ave. (Lots M & N Block 117 City and
Townsite of Aspen, and Lots M, N, O and P, Block 35, East Aspen
Addition) The parcel is approximately 12,000 square feet.
ZONING: R/MF (Residential Multi -Family)
APPLICANT'S REQUEST: The request is for a subdivision exemption
to split the 12,000 square foot parcel into two 6,000 square foot
parcels. The underlying R/MF zone will allow a duplex on one of
the parcels. The other parcel must contain a single family home
per the requirements of the lot split process. The applicant
requests that the duplex may be developed on either of the new
lots. Please refer to Exhibit "A" for the proposed plat.
REFERRAL COMMENTS: Please see complete referral memos, Exhibit
"BOO.
Parks: Rebecca Baker suggests that building envelopes should be
defined on proposed Lot 1 to protect the three large spruce trees
which exist on the property. Because of the location of the trees
and the desire to protect them, it would make sense to determine
that Lot 1 should be the parcel on which to build a single family
home and Lot 2 the duplex.
Engineering: 1) The Plat must meet the requirements of Section
24-7-1004 of the Municipal Code.
2) The applicant should sign a curb and gutter agreement prior to
approval of the plat.
3) Any development on the parcel must comply with storm runoff
requirements of Section 24-7-1004 C.4.f.
4) Electric transformer easements shall be provided on private
property and shown on the plat
0
5) The applicant shall agree to join any future improvements
districts for improvements in the public right-of-way.
6) Permits are necessary for any work in the right-of-way.
Historic Preservation: The relocation, demolition or partial
demolition of any of the historic inventory structures on the
parcel(s) must recieve review and approval by the Historic
Preservation Committee (HPC). Approval of the lot split by City
Council does not negate HPC's review and determination of findings.
STAFF COMMENTS: There is an existing 780 s.f. single family
residence, a 360 s.f. building rented as a dwelling, a detached
garage and a storage shed on the parcel. These structures are on
the City's Historic Inventory, so demolition or relocation of the
buildings must be reviewed by the HPC. The shed and the rental
unit encroach into the alley. The shed, rental unit and the garage
encroach into the 5' rear yard setback required in the R/MF zone.
As mentioned in the Parks referral comments, there are three
significant spruce trees on proposed Lot 1. Any development which
causes removal or relocation of these trees must recieve a permit
from the Parks Department. It is recommended that the developer
protect the trees with barricades and prohibit all excavation and
construction to take place outside of the trees' driplines.
Lot Split criteria: The split of a lot for the purposes of the
development of one detached single-family dwelling is a subdivision
exemption by Council. In addition, the development of a single
family home on a lot formed by a lot split is also a GMQS Exemption
by Council. Pursuant to Sections 24-7-1003 and 24-8-104 C., a lot
split subsequent to November 14, 1977 may be granted if all of the
following conditions are met:
A. The land is not located in a subdivision approved by either the
Pitkin County Board of County Commissioners of the city council,
or the land is described as a metes and bounds parcel which has
not been subdivided after the adoption of the subdivision
regulations by the City of Aspen on March 24, 1969.
RESPONSE: The property is in the original Townsite and East Aspen
Addition, thus is not located in a subdivision approved by either
the BOCC or Council, and has not been subdivided after 1969.
B. No more than two lots are created by the lot split, both lots
conform to the requirements of the underlying zone district and the
applicant commits that any lot for which development is proposed
will contain an accessory dwelling unit. When there is demolition
of the property which makes it subject to the provision of Article
5, Division 7, Replacement Housing Program, the standards of that
program shall supersede these requirements.
2
•
RESPONSE: No more than 2 lots will be created by this lot split.
The two parcels will conform to the underlying R/MF zone district
requirements. HPC will review any demolitions or relocations of
the structures on either new parcel. Language stating HPC's review
requirement must be included on the plat.
Because the existing home and outbuildings conflict with the
proposed lot line bisecting the property, the Subdivision Exemption
Plat must reflect that any new development on the parcel will
require that these buildings conform to the required side yard
setbacks. This Plat note removes the need to have the existing
structures go before the Zoning Board of Adjustment for a variance
to the new setbacks or demolish the structure prior to recording
the plat.
Accessory dwelling units are required for the issuance of any
building permits for each parcel. The RMF zone district requires
a duplex to provide an accessory dwelling unit for each half of the
duplex. An accessory dwelling unit must be between 300 and 700
s.f. of net livable area. The applicant erroneously states that
the developer of the duplex has the discretion to choose affordable
housing mitigation by either providing one ADU, paying cash -in -
lieu, or restricting one of the halves of the duplex. These
options do not apply because the R/MF zone preceded the Ordinance
1 options cited by the application (Section 8-104 A.1.c.).
C. The lot under consideration, or any part thereof, was not
previously the subject of an exemption under the provisions of this
article or a "lot split" exemption pursuant to a GMQS Exemption by
Council.
RESPONSE: The subject parcel was not previously granted an
exemption under the provisions of Chapter 24, the Land Use section
of the Municipal Code.
D. A subdivision plat is submitted and recorded after approval,
indicating that no further subdivision may be granted for these
lots nor will additional units be built without receipt of
applicable approvals pursuant to this article and growth management
allocation pursuant to Article 8.
RESPONSE: A subdivision plat and subdivision exemption agreement
shall be reviewed by the Planning and Engineering Departments and
shall be recorded within 180 days of final approval. Failure to
record the agreement and plat shall nullify the approval.
RECOMMENDATION: Staff recommends approval of the proposed lot
split with the following conditions:
3
0 •
1. All material representations made by the applicant in the
application and during public meetings with the Council shall be
adhered to and considered conditions of approval, unless otherwise
amended by other conditions.
2. The subdivision plat and subdivision exemption agreement shall
be reviewed and approved by the Engineering and Planning
Departments and shall be filed within 180 days of final approval
or subdivision approval is void.
3. The final plat shall meet the requirements of Section 24-7-
1004 of the Municipal Code and shall include but not be limited to
the following:
a. The surveyor's certificate or a note on the drawing must
state that all easements of record as indicated on Title
Policy No. , dated have been shown.
b. Two corners of the existing parcel are not indicated as
being monumented. The corners need to be monumented prior to
final plat approval. The interior monuments are required to
be set within one year of the sale of either lot.
C. The surveyor's certificate or a note on the plat needs to
state that the survey closes to 1:10,000.
d. Adjacent, subdivided lots are required to be labeled on
the plat.
e. Area of the property to the nearest 0.001 acre and the
zone district.
f. Language stating that the setback non -conformities created
by the new lot line shall be eliminated during redevelopment
on the two lots to conform with the setback requirements of
the R/MF zone district.
g. Language stating that prior to the issuance of any
building permits the proposed development or redevelopment of
the property shall meet the storm runoff requirements of
Section 24-7-1004.C.4.f. This would provide for only historic
storm runoff to be permitted to leave the site.
h. Language stating that any new surface utility needs for
pedestals or other facilities shall be installed on an
easement provided by the applicant and not in the public
right-of-way.
i. Language stating that the relocation, demolition or
partial demolition of any of the historic inventory structures
on the parcel(s) must recieve review and approval by the
Historic Preservation Committee (HPC). Approval of the lot
4
split by City Council does not negate HPC's review and
determination of findings.
4. Prior to final plat approvals, the applicant shall enter into
an agreement to construct curb and gutter if required by the
City in the future.
5. The applicant shall agree to join any future improvements
districts for improvements to be constructed in the public
right-of-way.
6. Lot owners shall consult city engineering for design
considerations of development within public rights -of -way,
parks department for vegetation species, and shall obtain
permits for any work or development, including landscaping,
within public rights -of -way from city streets department.
Approval of building permit plans does not constitute approval
of design or work in the public right-of-way.
7. An accessory dwelling unit for each principal dwelling unit
shall be approved prior to the issuance of any building permit
on each parcel, and a deed restriction shall be recorded with
the Pitkin County Clerk and Recorder. Copies of the deed
restrictions must be forwarded to the Planning Office prior
to Planning's approval of the building permits.
RECOMMENDED MOTION: "I move to have first reading of Ordinance
W, Series of 1994 for the lot split subdivision exemption at 918
E. Cooper Avenue, Aspen Colorado."
"I move to approve on first reading Ordinance V57, Series of 1994.11
Ordinance4ZT, Series of 1994.
EXHIBITS:
A. Proposed Plat
B. Referral Comments
5
PUBLIC NOTICE
RE: PHILLIPS/GORDON SUBDIVISION EXEMPTION FOR A LOT SPLIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Monday, October 24, 1994 at a meeting to begin at 5:00 pm before
the Aspen City Council, City Council Chambers, City Hall, 130 S.
Galena, Aspen to consider an application submitted by Susan
Phillips, 5300 Woodland Ave., Des Moines, IA, and Leticia Gordon,
20 37th St., Des Moines, IA requesting approval of a Subdivision
Exemption for a Lot Split and GMQS Exemption to create one single
family lot and one duplex lot. The property is located at 918 E.
Cooper Ave.; Lots M & N, Block 117, City and Townsite of Aspen, and
Lots M, N, O & P, Block 35, East Aspen Addition. For further
information, contact Kim Johnson at the Aspen/Pitkin Planning
Office, 130 S. Galena St., Aspen, CO 920-5100.
sZJohn Bennett, Mayor
Aspen City Council
Published in the Aspen Times on October 7, 1994
City of Aspen Account
I&C The Aspen Times • .Stittirdny.Stindn3; .September 1718, 1994
Public Notice
ORDINANCE 51
(SERIES OF 1994)
AN ORDINANCE OF THE ASPEN CITY COUNCIL.
GRANTING A SIX MONTH EXT MION OF THE 1993
LODGE GMQS ALLOTMENT GRANTED BY ORDI-
NANCE 3, SERIFS OF 1993 FOR 720 EAST COOPER
AVENUE, ASPEN COLORADO.
WHEREAS, pursuant to Section 24-&108 of the
Aspen Municipal Code, City Council may grant an
extension of GMQS allocations up to six months;
and
WHEREAS, on February 22, 1993, City Council
approved a GMQS allocation for the redevelopment
of the Bell Mountain Lodge at 720 East Cooper
Avenue; and
WHEREAS, development allotments expire on the
day after the third anniversary of the date the GMQS
ocations, or other development approvals, have
MENben awarded; and
WHEREAS, the applicant, Bell Mountain Limited
Liability Company, has requested a fourteen (14)
month extension of the GMQS allocation In order to
continue working with the City to develop the Inde-
pendence Place project without losing the ability to
utilize the 1993 allocation is the project is not real-
ized; and
WHEREAS, the Planning Office, having reviewed
the application recommends approval of a six (6)
month extension of the GMQS allotments approved
in Ordinance 3, Series of 1993; and
WHEREAS, the Aspen City Council having consul,
ered the Planning Office's recommendation for the
GMQS extension does wish to grant an extension for
sir (6) months.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF ASPEN, COL-
ORADO:
Section 1:
Pursuant to Section 24-&108 of the Municipal
Code, City Council does hereby grant the applicant
a six (6) month extension of the 1993 lodge GMQS
allocation approved by Ordinance 3, Series of 1993
or 720 East Cooper Avenue beginning February 22,
1996 and ending August 22,1996.
Section 2:
Aftf any section, subsection, sentence, clause,
or portion of this ordinance is for any reason
invalid or unconstitutional by any court of con,
petent jurisdiction, such provision and such holding
shall not affect the validity of the remaining portions
thereof.
Section 3:
This Ordinance shall not effect any existing gtiga-
ton and shall not operate as an abatement of any
action or proceeding now pending under or by
virtue of the ordinances repealed or amended as
herein provided, and the same shag be conducted
and concluded Linder such prior ordinances.
Section 4:
A public hearing on the Ordinance shall be field
on the 11 day of October 19914 at 5.%P.M. in the City
Council Chambers, Aspen City Hall, Aspen Col-
orado, fifteen (15) days prior to which hearing a
public notice of the same shall be published one in a
newspaper of general circulation within the City of
Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED
as provided by law, by the City Council of the City of
Aspen on the 12 day of September, 1994.
John Bennett, Mayor
ATTEST: Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this
day of ,1994.
John Bennett, Mayor
ATTEST: Kathryn S. Koch, City Clerk
Published In The Aspen Times on September 16,
1994.
ORDINANCE NO, 50
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO AMENDING CHAPTER
24 OF THE MUNICIPAL CODE, LAND USE REGULA-
TIONS, TO PROVIDE A PLANNING AND ZONING
COMMISSION SPECIAL REVIEW TO PERMIT PARK-
ING ON GARAGE APRONS IN MULTI -FAMILY PRO-
JECTS SUBJECT TO NEW REVIEW CRITERIA ESTAB-
LISHED IN SECTION 24-S-302(A) AND SECTION 247-
404(B)
WHEREAS, Section 24-7-1103 of the Municipal
Code provides that amendments to Chapter 24 of
the Code, to wit, "Land Use Regulations," shall be
reviewed and recommended for approval by the
Planning Director and then by the Planning and Zoe-,
Ing Commission at a public hearing, and then
approved, approved with conditions, or disap-
proved by the City Council at a public hearing; and
WHEREAS, the Planning Director did receive from
SGA Aspen Limited Liability Company an applica-
tion for an amendment to the land use regulations,
and reviewed and recommended for approval, cer-
atext amendments to Chapter 24 relating to See-
5-3102 Characteristics of off-street parking
ces and Section 7-404(B) Off-street parking
requirements; and
WHEREAS, the Planning and Zoning Commission
reviewed tine proposed text amendment, in conjunc-
tion with the applicant's development application,
on July 5, 1994, and August 2, 1994, at which time
the Planning and Zoning Commission recommend-
ed approval to City Council by 8Q and
WHEREAS, the City Council finds that the text
amendment will allow and promote compatibility of
zone district and land uses with existing land uses
and neighborhood characteristics and will be con-
sistent with the public welfare and purposes and
Intent of Chapter 24 of the Municipal Code.
NOW THEREFORE BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF ASPEN, COLORADO:
Section 1:
Section 5302 "Characteristics of off-street parking
spaces and access to street or alley" of Chapter 24
of the Municipal Code of the City of Aspen, Col-
orado, is hereby amended by the addition of lan-
guage in paragraph A, to read as follows:
A General. Each off-street parking space shag con-
sist of an open area measuring eight and one-half
feet (8-1/2) wide by eighteen feet (18') long and
sevens feet (T) high with a maximum slope of twelve
41) percent In any one direction. Each parking
ce, except those provided for detached resideo-
1 dwellings and duplex dwellings, shall have an
unobstructed access to a street or alley. Off-street
parking provided for multifamily dwellings which
do not share a common parking area may be
exempted from the unobstructed access require-
ment subject to Special Review pursuant to Art. 7.
Div. 4. No driveway shag exceed a maximum slope
of twelve (I2) percent within twenty feet of a proper-
ty line bordering a public or private rightol-way. Off-
street parking must be paved with allweather sur-
facing or be covered with gravel and maintained in a
usable condition at all times.
Section 2:
Section 7404 (B) "Off-street parking require-
ments" of Chapter 24 of the Municipal Code of the
City of Aspen, Colorado, Is hereby amended by the
inclusion of a new paragraph, which shall read as
follows:
3. Off-street parking provided for multifamily
dwelling units Which do not share a comrgon park-
ing area 18 not required to have unobstructed
access to a street or alley, but may consist of garage
area, parking strip or apron provided that the appli
cant demonstrates that adequate landscaping will
be installed to reduce the parking's visual impact.
[ Ivelopments consisting of three or more dwelling
units shall Install one (1) planter buffer per three
parking spaces. Planner buffers shall be a minimum
of ten (10) feet long by two and one-half (2-1/2) feet
wide by two (2) feet high unless otherwise varied by
the Commission. The location and dimensions of
the planters may also be varied by the Commission
based on site specific circumstances provided that
no fewer than one (1) planter buffer is provided per
three (3) off-street parking spaces.
Section 3:
This Ordinance shall not effect any existing litiga-
tion and shall not operate as an abatement of any
action or proceeding now pending under or by
virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted
and concluded under such prior ordinances.
Section 4:
If any section, subsection, sentence, clause,
phrase, or potion of this Ordinance is for any rea-
son held Invalid or unconstitutional in a court of
competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provl
sion and shall not affect the validity of the remaining
portions thereof. ,
Section 5:
A public hearing on this Ordinate shall be held
on the I day of October 1994 in the City Council
Chambers, Aspen City Had, Aspen, Colorado, fifteen
(15) days prior to which a hearing of public notice of
the same shag be published In a newspaper of gen-
era] circulation within the City of Aspen
INTRODUCED, READ AND ORDERED PUBLISHED
as provided by law, by the City Council of the City of
Aspen on the 12 day of September, 1994.
John Bennett, Mayor
ATTEST: Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this
day of 1994.
John Bennett, Mayor
ATTEST: Kathryn S. Koch, City Clerk
Published In The Aspen Times on September 16,
1994.
ORDINANCE NO.49
(SERIFS OF 1994)
AN ORDINANCE OF THE CITY OF ASPEN GRANT-
ING GMQS EXEMPTION FOR THE CONSTRUCTION
OF FOUR AFFORDABLE HOUSING UNITS AND FOUR
FREE MARKET DWELLING UNITS UNDER THE
MULTI -FAMILY HOUSING REPLACEMENT PRO-
GRAM, SUBDIVISION APPROVAL AND VESTED
RIGHTS FOR A PERIOD OF THREE YEARS FOR THE
204 FAST DURANT PROJECT WHICH IS LOCATED
WITHIN BLOCK 77, LOTS R 1, M. N, AND O, CITY
AND TOWNSr1E OF ASPEN
WHEREAS, pursuant to Chapter 18-3.3 of the
Aspen Municipal Code, an applicant may recon-
struct a multifamily housing project If the project
meets the criteria of this provision of the Aspen
Municipal Code; and
WHEREAS, pursuant to Section 24.7-1004(C) of the
Aspen Municipal Code, City Council grants final sub-
division approval; and
WHEREAS, pursuant to Section 24-&207 of the
Aspen Municipal Code, City Council may grant vest-
ing of development rights for a site specific develop-
ment plan for a period of three years from the date
of final development plan approval; and
WHEREAS, SGA Aspen limited liability Company,
c/o Doug Allen, (jAppllcant", as represented by
Sunny Vann, submltted an apPticaniut ui tine Plai>
ning Office requesting construction of eight dwelling
units under the resident multi -family housing
replacement program, subdivision, vested rights,
and a text amendment to allow parking on garage
aprons in multi -family projects; and
WHEREAS, the 204 East Durant project is located
within the L/TR zone district and meets the dimen-
sional requirements of this zone district; and
WHEREAS, the Planning and Zoning Commission
considered the applicant's request at a public hear-
ing on July 5th and August 2, 1994, at which time
they recommended approval to City Council for the
replacement housing project and the text amend-
ment. The Commission also granted Special Review
approval for parking for the affordable dwelling
units. The Commission also granted Special Review
approval for apron parking based on the proposed
text amendment, should City Council approve the
proposed text amendment. The Commission's con-
ditions are detailed in Resolution 94- ; and WHERE-
AS, the Commission voted 7-0 to recommend
approval to City Council or the replacement hous-
ing project and subdivision, and voted 8-0 to recom-
mend approval for the text amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF ASPEN, COL-
ORADO:
Section 1: Pursuant to Section 24-7-1004(C) of the
Municipal Code, City Council does hereby grant the
applicant Subdivision approval subject to the follow-
Ing conditions:
1. The replacement affordable housing units shag
be fully deed restricted as follows:
Unit I Category N2 (2 bdim, 850 net livable sq. ft.)
Unit 2 Category fi I (1 bdrm, 600 net livable sq, ft)
Unit 3 Category N2 (1 bdnn, 600 net livable sq. ft)
Unit 4 Category N2 (1 bdrm, 600 net livable sq, ft)
2. The applicant will need to obtain approval from
the Housing Office as to the quality of fixtures, finish,
and amenities of the affordable housing units, prior
to the issuance of any building permits for the pro-
ject.
3. City Council must approve the applicant's
method of housing mitigation. Issues regarding sale,
ownersitip, and subdivision of the affordable hous-
ing replacement units must be submitted for review
and approval by City Council, prior to second read-
Ing.
4. Prior to issuance of any building permits, the
applicant shall record the deed restrictions for the
affordable housing units and forward a copy to the
Planning Office.
5. As recommended by the Aspen Ire Protection
District the applicant shall have a residential sprk,
kler and alarm system Installed in the proposed
structure. These systems shag be Identified on the
budding plans.
6. As recommended by the City Engineer in his
memo dated June 16, 1994 the applicant shall:
a. provide a drainage plan which shall be
approved by the City Engineer, prior to Issuance of
a building permit.
b. submit a parking plan, prior to the Issuance of a
building permit, which Illustrates the size and iota
tion of all parking spaces and planners.
c. submit a site plan which shows a trash and
recycle area, utility meters, and other equipment,
prior to the Issuance of a bulkding permit.
d. consult the City Engineering Department (920-
5080) for design considerations, City Parks Depart-
ment (9206120) for vegetation alterations including
tree removal, and shall obtain permits from the City
Streets Department (920-5130) for any work or
development within public rightsol-way, prior to
commencing any of this work
7. The Zoning Enforcement Officer Identified the
following items that shall be submitted prior to
issuance of a building permit:
a, an open space plan indicating the areas cotmt-
ed per the "Open Space" definition In Section 24-3-
101.
b. height Information in accordance with Section
24-3-101 of the land Use Regulations.
8. In order to be in compliance with the recom-
mendations of the Water Department, the applicant
shall:
a. connect to the 20-inch water main in Durant
Avenue and this shall be verified during the budding
inspection process.
b. pay its proportionate share of the costs assocl-
ated with the abandonment of the existing 6-inch
water line In Durant Avenue.
c. contact the Customer Service Department (920.
5031) to review the proposed plans to establish the
amount of the utility connection charges and to
review detailed plans to provide water service,
Including water metering of the proposed units.
9. A sidewalk, curb and gutter shall be installed
along E. Durant and Aspen Street, prior to Issuance
of any Certificates of Occupancy for the project.
This sidewalk shall be a concrete surface, at least
five feet wide, and no obstacles within this width.
10. The applicant shall submit a Final Plat and
Subdivision Agreement within 180 days of City
Council review, or review and approval by the City
Attorney, City Engineer, and Planning Office.
11. The Parks Department has submitted the for
lowing conditions of approval with regards to this
application:
a The 8" diameter spruce tree, which is approxi-
mately 2T in height, that is proposed to be relocat-
ed on site must survive for at least 2 years after it is
transplanted or be replaced with equal value. The
applicant must apply or and receive a tree removal
permit prior to any disturbance of this tree.
b. The 22" diameter spruce tree, which Is approxi-
mately 65' In height, Is a significant mature tree that
needs to be saved at all costs. The applicant shall
redesign the building to accommodate the health
and safety of the tree's survival,prior to second
reading.
c. All landscaping shag be reviewed and approved
by the Parks Department, prior to the issuance of
any budding permits.
12. All material representations made by the appli-
cant in the application and public meetings shall be
adhered to and considered conditions of approval,
unless otherwise amended by other conditions.
13. Prior to the Issuance of a building permit, the
applicant shall submit a landscaping plan that pro-
vides visual relief of the parking spaces to be
reviewed and approved by the Parks Department
and Planning Office.
14. All garage aprons shall be snow melted. The
Subdivision Agreement shall indicate that snow
melted driveways are a common element of the free-
market uses for the purposes of utility payments
and maintenance.
15. The applicant shall redesign the entry Into the
affordable housing units so that there is a gabled
roof that does not shed snow onto the entryway.
This shall be completed prior to Issuance of any
building permits.
Section 2: Pursuant to the concurrent text amend.
ment revising Section 24-7-004 (B) "Off-street park-
Ing requirements" of the Municipal Code, should
Council approve the text amendment In Ordinance
—, the applicant shall comply with the following
condition:
1. Prior to the issuance of a building permit, the
applicant shall submit a landscaping plan that pro-
vides visual relief of the parking spaces to be
•ev1-1 end by flee n'arlu: UeP1Lrt"l."t
and Planning Office.
Section 3: Pursuant to Section 24-&207 of the
Municipal Code, City Council does hereby grant the
applicant vested rights for the 204 Fast Durant Sub-
division site specific development plan as follows:
1. The rights granted by the site specific develop-
ment plan approved by this Ordinance shall remain
vested for three (3) years from the date of final
adoption specified below. However, any failure to
abide by the terms and conditions attendant to this
approval shall result in forfeiture of said vested
properly rights. Failure to timely and property
record all plats and agreements as specified herein
or in the Municipal Code shall also result in the for-
feiture of said vested rights.
2. The approval granted hereby shall be subject to
all rights of referendum and judicial review.
3. Nothing in the approvals provided by this Ordi-
nance shall exempt the site specific development
plan from subsequent reviews and/or approvals
required by this Ordinance or the general ides, reg-
ulations or ordinances of the City provided that
such reviews or approvals are not inconsistent with
the approval granted and vested herein.
4. The establishment herein of a vested property
right shall not preclude the application of ordi-
nances or regulations which are general In nature
and are applicable to all properties subject to land
use regulation by the City of Aspen, including but
not limited to, building, fire, plumbing, electrical and
mechanical codes. In this regard, as a contrition of
this site development approval the developer shall
abide by any and all such building, fire, plumbing,
electrical and mechanical codes, unless an exemp-
tion therefrom is granted In writing.
Section 4: The City Clerk shall cause notice of this
Ordinance to be published In a newspaper of gener-
al circulation within the City of Aspen, no later than
fourteen (14) days following final adoption hereof.
Such notice shall be given In the following form:
Notice Is hereby given to the general public of the
approval of a site specific development plan, and
the creation of a vested property right pursuant to
Title 24, Article 68, Colorado Revised Statutes, per-
taining to the following described property:
The property shall be described In the notice and
appended to said notice.
Section 5: A public hearing on the Ordinance shall
be held on the 11 day of Oct., 1994 at 5:00 P.M. In the
City Council Chambers, Aspen City Hall, Aspen, Col-
orado. Fifteen (15) days prior to the hearing a public
notice of the hearing shall be published in a newspa-
per of general circulation within the City of Aspen.
NTRODUCFD, READ AND ORDERED PUBLISHED
as provided by law, by the City Council of the City of
Aspen on the 12 day of Sept., 1994.
John Bennett, Mayor
ATTEST: Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this —
day of — . 1994
John Bennett, Mayor
ATTEST: Kathryn S. Koch, City Clerk
Published in The Aspen Times on September 16,
1994.
ORDINANCE NO.44
(Series of 1994)
AN ORDINANCE RECOGNIZING GENERAL FUND
REVENUE OF $I19,000; APPROPRIATING GENERAL
FUND EXPENDITURES OF $134,627; APPROPRIATING
PARKS & OPEN SPACE FUND EXPENDITURES OF
$5,131; APPROPRIATING TRANSPORTATION/MALL
FUND E)(PENDrrURFS OF $10,000; APPROPRIATING
PARKING IMPROVEMENT FUND EXPENDITURES OF
$9,773; APPROPRIATING HOUSING/DAYCARE FUND
EXPENDITURES OF $3,430,000; REDUCING PREVIOUS-
LY APPROVED CITY SHOP FUND EXPENDITURES OF
$11,500; TRANSFERRING PREVIOUSLY APPROVED
L(I'EfNUrrums OF s1L500 FROM THE Crry SHOP
FUND TO THE GENERAL FUND; APPROPRIATING
WATER FUND FJO' -M' S OF $128,5M APPROPRIAT-
ING ELECTRIC FUND EXPENSES OF $30,000; APPRO-
PRIATING TRANSPORTATION/PARKING FUND
EXPENSES OF $209,000; APPROPRIATING TRuscarr
PLACE HOUSING FUND EXPF7llSFS OF $ 10,0017 APPRO-
PRIATING MAROLT RANCH HOUSING FUND DGU,.S
FS OF $5,000;
WHEREAS, by virtue of Section 9.12 of the Home
Rule Charter, the City Council may snake supplemen-
tal appropriations; and
WHEREAS, the City Manager has certified that the
City has unappropriated current year revenues avail
able for appropriation in the General Fund, Parks and
Open Space Fund, Transportation/Mall Fund, Park-
Ing Improvement Fund, Housing / Daycare Fund,
Water Fund, City Shop Fund, Water Fund. Electric
Fund and the Transportation/Parking Fund; and
unappropriated prior year fund balance available in
the General Fund, Parks and Open Space Fund,
Transportation/Mall Fund, Parking Improvement
Fund, Housing / Daycare Fund, City Shop Fund,
Water Fund, Electric Fund, Transportation/Parking
Fund, Trunscott Place Housing Fund, and the Marolt
Ranch Housing Fund;
WHEREAS, the City Council Is advised that certain
expenditures, revenues and transfers must be
approved
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF ASPEN, COLORADO:
Section I
Upon the City Manager's certification that there
are coven year revenues available for appropriation
In the General Fund, Parks and Open Space Fund,
Transportation/Mall Fund, Parking Improvement
Fund, Housing / Daycare Fund, City Shop Fund,
Water Fund, Electric Fund, Transportation/Parking
Fund; and unappropriated prior year fund balance
available In the General Fund, Parks & Open Space
Fund, Transportation/Mall Fund, Parking Improve-
ment Fund, Housing / Daycare Fund, City Slop Fund,
Water Fund, Electric Fund, Transportation/Parking
Fund, Truscott Place Housing Fund and the Marolt
Ranch Housing Fund, the City Council hereby makes
supplemental appropriations as itemized In Exhibit
"B" attached.
Section 2
If any section, subsection, sentence, clause, phrase
or portion of this ordinance is for any reason held
invalid or unconstitutional by any court of compe-
tent jurisdiction, such portion shall be deemed a sep-
arate, distinct and Independent provision and such
holding shall not affect the validity of the remaining
portion thereof. h
Section 3
A public hearing on the ordinance shall be held oil
the Sh day of September, 1994, at 5..,00 p.m. In the City
Council Chamber, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED published as
provided by law by the City Council of the City of
Aspen, Colorado, at its regular meeting held at the
City of Aspen, September 12th,1994.
John Bennett, Mayor
ATTEST: Kathryn Koch, City Clerk
FINALLY adopted, passed and approved on the
day of 1994.
John Bennett, Mayor
ATTEST: Kathryn Koch, City Clerk
Published In The Aspen Times on September 16,
1994.
ORDINANCE NO.45
(SERIES OF 19M)
AN ORDINANCE tW FM A I'iN Cril' COUNCIL
GRANTING A SUBDIVISION D(FMPIION AND GMQS
EXEMPTION FORA LOT SPLIT FOR 91B EAST COOP-
ER AVENUE (LOTS M AND N, BLACK 117, CITY AND
TOWNSITE OF ASPEN AND LOTS M, N, 0 AND P,
BLOCK 35, EAST ASPEN ADDITION) ASPEN, COI,
ORADO
WHEREAS, pursuant to Sections 24-7-1003 and 24-
8-104 C., of the Municipal Code, a lot split is a subdivi-
sion exemption and GMQS exemption reviewed by
City Council; and
WHEREAS, the applicants, Susan Phillips and Letiw
cia Gordon have requested to split their approxi-
mate 12,000 square toot parcel to create a second
residential parcel; and
WHEREAS, the Planning Department, Engineering
Department and Parks Department have reviewed
the application and recommend approval of the lot
split with conditions; and
WHEREAS, the Aspen City Council has reviewed
and considered the subdivision exemption and
GMQS exemption under the applicable provisions of
the Municipal Code as Identified herein, has
reviewed and considered those recommendations
made by the Planning Department and has taken and
considered public comment at public hearing; and
WHEREAS, the City Council finds that the lot split,
with conditions, meets or exceeds all applicable
development standards; and
WHEREAS, the City Council finds that this Ordi-
nance furthers and is necessary for public health,
safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF ASPEN, COLORADO as
follows:
Section 1: Pursuant to Sections 24-7-1003 and 248-
104 C. of the Municipal Code, and subject to those
conditions of approval as specilked hereinafter, the
City Council fads as follows In regard to the subs ivl
sion exemption and GMQS exemption:
1. The applicant's submission is complete and suf-
ficient to afford review and evaluation for approval.
2. The subdivision exemption is consistent with
the purposes of subdivision which is to assist in tlhe
orderly and efficient development of the city and
safeguard the interests of the public and the subdi
viler and provide consumer protection for the pur-
chaser.
Section 2: Pursuant to the findings set forth In Sec-
tion I above, the City Council does hereby grant a
subdivision exemption and GMQS exemption for 918
East Cooper Avenue with the following conditions:
I. Ali material representations made by the appli-
cant in the application and during public meetings
with the Council shall be adhered to and considered
conditions of approval, unless otherwise amended
by other conditions.
2. The subdivision plat and subdivision exemption
agreement shall be reviewed and approved by the
Engineering and Planning Departments and shag be
filed within 180 days of final approval or subdivision
approval is void.
3. The final plat shall meet the requirements of Set-
tion 24-71004 of the Municipal Code and shall include
but not be limited to the following
a. The surveyor's certificate or a note on the draw
Ing must state that all easements of record as indicat-
ed on'ritle Policy No. , dated have been
shown.
b. Two corners of the existing parcel are riot hull,
cated as being monumented. The corners need to be
momhmented prior to final plat approval. The interi-
or monuments are required to be set within one year
of the sale of either lot.
c. The surveyors certificate or a note on the plat
needs to state that the survey closes to 1:10,000.
d. Adjacent, subdivided lots are required to be
labeled on the plat.
e. Area of the property to the nearest 0.001 acre
and the Lune district.
f. Language slating that the setback mrrconforml
ties created 2 by the new lull line shag he chinivated
during redevelopment on the two lots to conform
with the setback requirements of the R/MF zone dis-
trict.
g. language stating that prior to the Issuance of
any buildog permits the proposed development or
redevelopment of the property shag meet the storm
runoff requirements of Section 24-7-1004.C.4.1. This
would provide for only historic storm runoff to be
permitted to leave the site.
h. language stating that any new surface utility
needs for pedestals or other facilities shall be
Installed on an easement provided by the applicant
and not in the public right-of-way.
L language stating that the relocation, demolition
or partial demolition of any of the historic Inventory
structures on the parcel(s) must receive review and
approval by the Historic Preservation Committee
OF0. Approval of the lot split by City Council does
not negate FTC's review and determination of find-
ings.
4. Prior to final plat approvals, the applicant shag
enter into an agreement to construct curb and gutter
if required by the City In the future.
S. The applicant shall agree to join any future
Improvements districts for improvements to be con-
structed In the public right-of-way.
6. Lot owners shall consult city engineering for
design considerations of development within public
rights -of -way, parks department for vegetation
species, and shall obtain permits for any work or
development, Including landscaping, within public
rghL%-Oway from city streets department Approval
of building permit plans does not constitute
approval of design or work in the public right-of-way.
7. An accessory dwelling unit for each principal
dwelling will shall be approved prior to the Issuance
of any budding permit on each parcel, and a deed
restriction shall be recorded with the Pltkin County
Clerk and Recorder. Copies of the deed restrictions
must be forwarded to the Planning Office prior to
Planning's approval of the building permits.
Section 3: If any section, subsection, sentence,
clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional by any court
of competent jurisdiction, such
provision and such holding shall not affect the vallii
ty of the remaining portions thereof.
Section 4: This Ordinance shall not effect any exist-
ing litigation and shall not operate as an abatement
of any action or proceeding now pending under or
by virtue of the urdknances repealed or amended as
herein provided, and the same shall be conducted
and concluded under such prior ordinances.
Section 5: A public hearing on the Ordinance shall
be held on the day of 0 1994 at 5:00 P.M. In tine City
Council Chambers, Aspen City Hall, Aspen Colorado,
fifteen (15) days prior to which hearing a public
notice of the same shall be published one in a news-
paper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED
as provided by law, by the City Council of the City of
Aspen on the 12 day of September, 1994.
John Bennett, Mayor
ATTEST: Kathryn S. Roch, City Clerk
FINALLY, adopted, passed and approved this
day of , 1994.
John Bennett, Mayor
ATTEST: Kathryn S. Koch, City Clerk
Published In The Aspen Times on September 16,
1994.
UWANANCE.Nrh. W
(Series of 1994)
AN ORDINANCE OF THE CITY COUNCIL OF TIE
CITY OF ASPEN, COLORADO, VACATING PORTIONS
OF GALENA STREET ADJOINING THE CUL-DE-SAC
AT ITS NORTH TERMINUS CONrAINING APPROXI-
MATELY 2,537 SQUARE FEET ALL WITHIN THE CITY
OF ASPEN, PITM COUNTY, COLORADO.
WHEREAS, the City of Aspen desires to vacate a
portion of Galena Strut adjacent to its north term!_
nus cul-de-sac as the parcels proposed to be vacated
are currently occupied by the City of Aspen Parking
Garage Plaza; and
WIIERFAS. the rightol-ways or portions thereof to
be vacated are located entirely within the corporate
limits of the City of Aspen; an(]
WHEREAS, the proposed vacation has been
reviewed by the City Engineer and a deteronation
made that the proposed vacation complies in all
respects with the City's Public Rightol-way Vacation
Policies and the land to be vacated is eligible for
vacation pursuant to said policies; and
WHEREAS, the proposed vacation will not leave
any land adjoining the same without a means of
access over an established public right-of-way con-
necting such lands to an established public street;
and
WHEREAS, the City Council has determined that
the public use, convenience and necessity will no
longer require the hereinafter descried public right-
of-ways or portions thereof.
NOW, THEREFORE, BE I' ORDAINED BYTE CITY
COUNCIL OF THE CITY OF ASPEN, COLORADO:
Section 1.
That the portions of Galena Street right-of-way.
City of Aspen, Pilkin County, Colorado, described in
the legal description and depicter) In the sketch
appended hereto as Parcels I and 2 and made a part
hereof as Exhibit "A", shall be, and the same hereby
is vacated.
Section 2.
That the City Clerk be and hereby Is directed, upon
the adoption of this ordinance, to record a copy of
this ordinance in the Office of the Pitkin County Clerk
and Recorder.
Section 3.
That the City Engineer be and hereby is directed,
upon the adoption of this ordinance, to make all cor-
rections necessary to the Official Map of the City of
Aspen.
Section 4.
That if any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason
held Invalid or unconstitutional In a court of compe-
tent Jurisdiction, such portion shall be deemed a sepa-
rate, distinct and independent provision and shall not
affect the validity of tile reaminkhg portions if hereof.
Section S.
That this ordinance shall not have any effect on
existing litigation and shag not operate as an abate-
ment of any action or proceeding now pending under
or by virtue of the ordinances amended as herein pro-
vided ' and the same shall be construed and conclud-
ed lender such prior ordinances.
A public hearing on the ordinance shall be held on
the 26 day of September, 1994, in the City Council
Chambers, Aspen City Hag, Aspen, Colorado.
MRODUCED, READ AND ORDERED PUBLISHED as
provided by law by the City Council of the City of
Aspen on the 12 day of September, 1994.
John S. Bennett, Mayor
ATTEST: Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this clay
of 1994.
John S. Bernett, Mayor
ATTEST: Kathryn S. Koch, City Clerk
Published in The Aspen Times on September 16,
1994.
0
VANN ASSOCIATES
Planning Consultants
August 28, 1994
HAND DELIVERED
Ms. Kim Johnson
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Phillips/Gordon Subdivision/GMQS Exemption Application
Dear Kim:
As we discussed, the Applicants with respect to the above referenced project wish to
amend their land use application. More specifically, they wish to remove the
designated building envelopes which appear on the improvement survey which
accompanied their application. Development of the two lots to be created pursuant
to the application, however, must still comply with the applicable setback require-
ments of the R/MF zone district. Compliance will be determined at building permit.
The removal of the envelopes will negate the Applicants' request for vested rights
status as the proposed subdivision does not meet the City's definition of a site specific
development plan. It is my understanding, however, that the recordation of the
required subdivision plat will vest the subdivision itself in perpetuity.
Should you have any questions, or if I can be of any further assistance, please do not
hesitate to call.
Yours truly,
VAN ASSOCIATES
Sunny Yann, AICP
SV
c:\bus\city.1tr\11r25494.kj2
230 East Hopkins Avenue • Aspen, Colorado 81611 •303/925-6958 • Fax 303/920-9310
VANN ASSOCIATES
Planning Consultants
June 24, 1994
HAND DELIVERED
Ms. Kim Johnson
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Phillips/Gordon Subdivision/GMQS Exemption Application
Dear Kim:
Please consider this letter an application to subdivide a parcel of land located at 918
East Cooper Avenue into two (2) lots via the so-called "lot -split" exemption provision
of the Aspen Land Use Regulations. The application also requests exemption from the
growth management quota system (GMQS) to permit the construction of a single-
family residence and a duplex on the lots created as a result of the requested subdivi-
sion (see Exhibit 1, Pre -Application Conference Summary, attached hereto). Vested
property rights status is requested for all approvals granted pursuant to this applica-
tion.
The application is submitted pursuant to Sections 7-1003.A.2., 8-104.A.1.c. and 8-
104.C.1.a. of the Regulations by Steven and Susan Phillips and David and Leticia
Gordon, the owners of the property (see Exhibit 2, Warranty Deed). Permission for
Vann Associates to represent the Applicants is attached as Exhibit 3. An executed
application fee agreement, and a list of owners located within three hundred (300)
feet of the Applicants' property, is attached as Exhibits 4 and 5, respectively.
Existing Conditions
The Applicants' property consists of Lots M and N, Block 117, City and Townsite of
Aspen, and Lots M, N, O and P, Block 35, East AssRen_Addition. The lots are held
in joint ownership, and are deemed to have merged pursuant to Section 7-1004.A.5.
of the Regulations. The property contains approximately twelve thousand (12,000)
square feet of land area and is zoned R/MF, Residential/Multi-Family.
The property's topography is essentially flat. Existing on -site vegetation consists of
several large evergreen and deciduous trees, and various ornamental shrubs and
bushes. Man-made improvements to the property include an approximately seven
230 East Hopkins Avenue • Aspen. Colorado 81611 • 303/925-6958 • Fax 303;'920-9310
W •
Ms. Kim Johnson
June 24, 1994
Page 2
hundred and eighty (780) square foot single-family residence, a detached garage, a
small storage shed, and an approximately three hundred and sixty (360) square foot
outbuilding which is presently used as a rental unit. The residence and outbuildings
are identified as "Supporting" on the City's 1991 Inventory of Historic Sites and
Structures. As a result, demolition or relocation of the structures is subject to the
review and approval of the Historic Preservation Commission.
As the accompanying improvement survey illustrates, the shed and the rental unit
encroach into the adjacent public alley. Apparently, the encroachments are the result
of a resurvey of the original East Aspen Addition to the Townsite. In addition, both
of the structures and the garage are non -conforming with respect to the R/MF zone
district's five (5) foot, rear yard setback for accessory buildings. The buildings,
however, otherwise comply with the applicable dimensional requirements of the
underlying zone district, as does the existing single-family residence.
Existing utility service to the property includes water, sewer, natural gas, electric,
telephone and cable TV (see Exhibit 6, letter from Schmueser Gordon Meyer, Inc.).
An eight (8) inch and a fourteen (14) water main is located in Cooper Avenue. An
eight (8) inch sanitary sewer and natural gas, electric, telephone and cable TV service
is located within the alley at the rear of the property. All utilities are located under-
ground. A fire hydrant is conveniently located at the northeast corner of Cooper
Avenue and West End Street.
Proposed Development
The Applicants propose to subdivide the property along the existing boundary
between Lots N and O into two (2) approximately six thousand (6,000) square foot
lots, and to designate a site specific building envelope on each lot. Approval of the
requested subdivision, and the relevant GMQS exemptions, will permit the con-
struction of a single-family residence on one of the lots and a duplex on the second
lot. As both lots will comply with the minimum lot area per dwelling unit require-
ment for a duplex, the Applicants request permission to construct the duplex on
either lot. Vehicular access to the new units will be provided from the adjacent alley.
As the improvement survey illustrates, the proposed boundary between the new lots
will bifurcate a portion of the existing single-family residence, thereby creating a
potential non -conformity with respect to the R/MF zone district's side yard setback
requirement. The existing rental unit and shed will also become non -conforming with
respect to their side yard setbacks. The Applicants, however, will agree to condition
their lot -split approval upon the removal or relocation of the existing residence and
outbuildings prior to the issuance of a building permit for either lot. Approval to
remove or relocate the structures will be obtained from the Historic Preservation
Ms. Kim Johnson
June 24, 1994
Page 3
Commission as required pursuant to Section 7-602. As you know, this approach to
the issue of non -conformity has been agreed to by both the City Attorney and the
Planning Office.
The proposed lots have been designed in compliance with the dimensional require-
ments of the R/MF zone district and the subdivision design standards of Section 7-
1004.C.4. of the Regulations. As Table 1 below indicates, the proposed lots meet or
exceed the R/MF zone district's minimum lot size, lot area per dwelling unit, and lot
width requirements.
Table 1
Dimensional Requirements
1. Existing Zoning R/MF, Residential/Multi-Family
2. Total Site Area (Sq. Ft.) 12,008
3. Minimum Required Lot Size (Sq. Ft.) 6,000
4. Minimum Required Lot Area/Dwelling Unit (Sq. Ft.)
Single -Family 6,000
Duplex 3,000
5. Proposed Lot Area (Sq. Ft.)
Lot 1 6,004
Lot 2 6,004
6. Minimum Required Lot Width (Feet) 60
7. Proposed Lot Width (Feet) 60.04
Lot 1
Lot 2 60.04
8. Minimum Required Building Setbacks (Feet)
Front Yard
Principal Building 10
Accessory Building 15
or
Ms. Kim Johnson
June 24, 1994
Page 4
Rear Yard
Principal Building
Accessory Building
Side Yards'
9. Proposed Building Setbacks (Feet)
Front Yard
Rear Yard
Side Yards
For a lot containing six thousand (6,000) square feet, both side yards must
total a minimum of fifteen (15) feet.
10
5
5
10
10
7.5
Section 7-1003.A.2.b. of the Regulations requires the provision of an accessory
dwelling unit 'for any lot for which development is proposed". The construction of a
single-family residence on either lot, therefore, will require the provision of such a
unit. Pursuant to Section 8-104.A.1.c., the development of a duplex on the remaining
lot will require the provision of an on -site accessory dwelling unit, the payment of an
affordable housing impact fee, or the voluntary imposition of a resident occupied
deed restriction. According to the Regulations, the preferred option is at the sole
discretion of the lot owner.
As I understand the approval process, a GMQS exemption for the construction of the
single-family residence will be granted in connection with the requested subdivision
exemption approval for the lot -split. The GMQS exemption for the development of
the duplex will be granted by the Planning Director in connection with building
permit review of the structure by the Building Department. While the proposed
subdivision is subject only to City Council review, the accessory dwelling unit which is
required to be provided within the single-family residence, and which may be
provided within the duplex, must be reviewed and approved by the Planning and
Zoning Commission. As the review criteria address such issues as the size and design
of the accessory units, the necessity for parking, etc., the P&Z's review will occur at
such time as actual development of the two lots is proposed.
Water service to the new lots will be provided via individual service lines which will
tap the existing eight (8) inch main located in Cooper Avenue. Sewer, natural gas,
electric, telephone and cable TV service will be extended from the alley as may be
required. All extensions will be located underground, and will conform to the
• •_N
Ms. Kim Johnson
June 24, 1994
Page 5
applicable extension polices of the various utility companies. Tap fees will be paid by
the individual lot owners, and utility easements will be depicted on the final subdivi-
sion plat as may be required. As the attached letter from Schmueser Gordon Meyer
indicates, existing utilities are adequate to serve the two lots created pursuant to the
requested subdivision exemption approval.
Review Requirements
The proposed development is subject to the receipt of subdivision exemption approv-
al and two (2) growth management quota system exemptions. Vested property rights
status is also requested. Each of these review requirements is discussed below.
1. Subdivision Exemption
Pursuant to Section 3-101 of the Aspen Land Use Regulations, the division of
land into two (2) or more lots, tracts or parcels is by definition a subdivision. As a
result, the proposed division of the Applicants' property into two (2) separate lots is
subject to the City's review and approval. Such divisions, however, may be exempted
from full subdivision review pursuant to Section 7-1003.A.2. of the Regulations. The
specific review criteria for a "lot -split" exemption, and the proposed subdivision's com-
pliance therewith, are summarized as follows.
a) "The land is not located in a subdivision approved by either the
Pitkin County Board of County Commissioners or the City Council, or the land is
described as a metes and bounds parcel which has not been subdivided after the
adoption of subdivision regulations by the City of Aspen on March 24, 1969."
As the attached Warranty Deed indicates, the property consists of Lots
M and N, Block 117, City and Townsite of Aspen, and Lots M, N, O and P, Block 35,
East Aspen Addition. The property is not located within a previously approved
subdivision and the lots predate the City's adoption of subdivision regulations.
b) "No more than two (2) lots are created by the lot split, both lots
conform to the requirements of the underlying zone district and the applicant
commits that any lot for which development is proposed will contain an Accessory
Dwelling Unit. When there is demolition on the property which make it subject to
the provisions of Article 5, Division 7, Replacement Housing Program, the standards
of that program shall supersede these requirements."
As discussed previously, only two (2) lots are proposed. The lots
comply with all dimensional requirements of the underlying R/MF zone district and
an on -site accessory dwelling unit will be provided in connection with the develop-
• 0\
Ms. Kim Johnson
June 24, 1994
Page 6
ment of the single-family residence. Although Article 5, Division 7, has been
repealed, the construction of a duplex on the remaining lot will comply with the
housing replacement provisions of Section 8-104.A.1.c. of the Regulations. The
applicable affordable housing mitigation requirements will be incorporated in the
Applicants' subdivision agreement and depicted on the final subdivision plat.
c) "The lot under consideration, or any part thereof, was not
previously the subject of an exemption under the provisions of this article or a lot
split exemption pursuant to Section 8-104.C.1.a."
The property has not been the subject of any prior subdivision exemp-
tion application or approval.
d) "A subdivision plat is submitted and recorded after approval,
indicating that no further subdivision may be granted for these lots nor will addi-
tional units be built without receipt of applicable approvals pursuant to this Article
and growth management allocation pursuant to Article 8."
A final subdivision plat will be recorded upon approval of the proposed
development and completion of the review process. The plat will include a prohibi-
tion against further subdivision and development without the receipt of applicable
regulatory approvals.
As noted previously, a lot -split is by definition a subdivision. As such, the
proposed development must comply with the review standards for a development
application for plat as set forth in Section 7-1004.C. These standards, and the pro-
posed development's compliance therewith, are summarized as follows.
a) "The proposed subdivision shall be consistent with the Aspen
Area Comprehensive Plan."
The 1973 Aspen Land Use Plan indicates that the project site is located
within the "Mixed Residential" land use category. As noted previously, the site is
zoned R/MF, Residential/Multi-Family. The proposed lots are a permitted use in this
zone district, and the residences to be constructed thereon are consistent with the
Plan's mixed residential designation.
The proposed development is also consistent with the recently adopted
Aspen Area Community Plan (AACP) in that both lots will provide an on -site accesso-
ry dwelling unit, or the mitigation equivalent thereof. The provision of such units is
consistent with the recommendations of the Housing Action Plan element of the new
AACP. The proposed subdivision is also consistent with the AACP's so-called "infill"
development recommendation. To the best of my knowledge, no other element of
• •'
Ms. Kim Johnson
June 24, 1994
Page 7
the Aspen Area Community Plan contains recommendations which preclude, or other-
wise pertain to, the proposed development.
b) "The proposed subdivision shall be consistent with the charac-
ter of existing land uses in the area. The proposed subdivision shall not adversely
affect the future development of surrounding areas."
The proposed development is consistent with the character of existing
land uses in the surrounding area, and will have no adverse effect on the area's future
development. The surrounding site area consists primarily of single-family, duplex
and multi -family residential development.
c) "The proposed subdivision shall be in compliance with all
applicable requirements of the Land Use Regulations."
The proposed development has been designed to comply with the
applicable requirements of the underlying R/MF zone district and all relevant provi-
sions of the Aspen Land Use Regulations.
d) "The proposed subdivision shall not be located on land unsuit-
able for development because of flooding, drainage, rock or soil creep, mudflow, rock -
slide, avalanche or snowslide, steep topography or any other natural hazard or other
condition that will be harmful to the health, safety, or welfare of the residents in the
proposed subdivision."
No natural hazard adversely affects the development potential of the
project site.
e) "The proposed subdivision shall not be designed to create
spatial patterns that cause inefficiencies, duplication or premature extension of
public facilities and unnecessary public costs."
No governmental inefficiencies, duplication of facilities, or unnecessary
public costs will occur as a result of the provision of public services to the proposed
development. All required utilities are currently available in the immediate site area.
All costs for the extension of utilities to serve the project will be borne by the
respective lot owners.
In addition to requiring compliance with the preceding review criteria, the
Regulations also require that various improvements be provided in connection with
the proposed subdivision, and that specific standards be adhered to in the subdivis-
ion's design. The improvements and design standards which pertain to the Appli-
cants' proposed development are summarized as follows.
• •\
Ms. Kim Johnson
June 24, 1994
Page 8
a) Water
Water service to the proposed development will be provided via the
existing eight (8) inch main located in Cooper Avenue. Individual service lines will
be extended to serve the two lots as may be required.
b) Sewer
Sanitary sewer service to the project will be provided via the eight (8)
inch collector located in the adjacent alley right-of-way. As noted in Schmueser
Gordon Meyer's letter, tap fees will include a surcharge to help offset the cost of
downstream improvements to the Aspen Consolidated Sanitation District's collection
system.
c) Electric, Telephone, Cable TV and Natural Gas
Electrical, telephone, Cable TV and natural gas service is also located
within alley and will be extended to serve the two lots as necessary. All required
extensions of these utilities will be located underground, and will conform to the
applicable extension policies of the individual utility companies.
d) Easements
Appropriate easements will be dedicated on the final subdivision plat
to accommodate existing and proposed utilities as may be required.
e) Sidewalk, Curb and Gutter
The Applicants will execute an agreement for the provision of curb and
gutter in the event such features are required by the City in the future. Please note
that a public sidewalk presently abuts the property. The Applicants will also agree to
join any future improvement district which may be formed for improvements within
the adjacent public right-of-ways.
Fire Protection
Fire protection for the proposed development will be provided by the
Aspen Volunteer Fire Department. The project site is located approximately six and
one-half (6-1/2) blocks from the fire station, resulting in a response time of approxi-
mately five (5) minutes. The proposed lots are readily accessible to fire protection
vehicles and an existing fire hydrant is located at the northeast corner of Cooper
Avenue and West End Street.
Ms. Kim Johnson
June 24, 1994
Page 9
g) Drainage
Each residence's storm drainage system will be designed to comply with
the storm water runoff requirements of Section 7-1004.C.4.f. of the Regulations. On -
site drywells and/or surface detention facilities will be utilized to intercept and detain
runoff from building roofs and impervious areas, and to control the rate of groundwa-
ter recharge. A detailed stormwater drainage plan will be submitted in conjunction
with each residence's building permit package as may be required.
2. Growth Management Quota System Exemption
Pursuant to Section 8-104.A.1.c. of the Regulations, the construction of a
duplex on a lot which was a legally described parcel prior to November 14, 1977, and
complies with the merger provisions of Section 7-1004.A.5., is exempt from the City's
growth management regulations subject to approval by the Planning Director. An
applicant need only demonstrate compliance with the foregoing criteria and the
affordable housing mitigation requirements of Section 8-104.A.1.c.(2) of the Regula-
tions. As discussed previously, the property in question predates the adoption of the
City's subdivision regulations, and the Applicants will agree to comply with the
affordable housing mitigation requirements which are applicable to the construction
of a duplex. Please note that this GMQS exemption is requested for the entire
property and prior to the receipt of subdivision exemption approval by the City
Council for the proposed lot -split.
Pursuant to Section 8-104.C.1.a. of the Regulations, the development of one
(1) detached residential dwelling on a vacant lot formed by a lot -split approved
subsequent to November 14, 1977 is also exempt from the City's growth management
regulations subject to the approval of the City Council. Inasmuch as there are no
specific review requirements for such an exemption, the City Council's final approval
of the Applicants' lot -split application should be sufficient to convey the required
development rights upon the proposed development.
3. Vested Rights
In order to preserve the land use approvals which may be obtained as a result
of this application, the Applicants hereby requests vested property rights status
pursuant to the provisions of Section 6-207 of the Regulations. To establish such
status, it is my understanding that final approval of the proposed development must
be granted by ordinance of the City Council. It is also my understanding that no
specific submission requirements, or review criteria other than a public hearing, are
required to confer such status.
• •\
Ms. Kim Johnson
June 24, 1994
Page 10
Should you have any questions, or require additional information, please do not
hesitate to call.
Yours I-uly,
VAN/ ASSOCIATES
1 Sunny nn, AICP
SV.
Attachments
cc: Susan Phillips
c: \bus\city.app\app25494. lot
• CITY OF ASPEN •
r PRE-APP1LICATION CONFERENCE SUMMARY
PROJECT r �h I I I S �j"6 rGCYt 1 1
APPLICANT'S REPRESENTATIVE: N • Y�v� f�2 :U.'
REPRESENTATIVE'S PHONE: q 2 S
EXHIBIT 1
OWNER'S NAME:
SUMMARY
1. Type of Application: tl- 7Z,7�- CC,
2. Describe action/type of development being requested:
3. Areas is which Applicant has been requested to respond,
types of reports requested:
Policy Area/
Referral Agent Continents
IZ4- —
4. Review is: (P&Z OnL(YES)
(CC Only (P&Z then to CC)
5. Public Hearing: (NO)
6. Number of copies of the application to be sub/,mmittaed:
7. What fee was applicant requested to submit: ' r� + I� x74/
Anticipated date of submission:
2 jn� � ►-ti
frm.pre_app
C
Recorded at o'cktck - M.
Reception No. �-
0l
WARRANTY DEED
THIS DEED, Made this day of August
19 92 , between FRANK A. LOUSHIN,
JOHN B. LOUSHIN, JR., and WILLIAM J. LOUSHIN
or the 'CountyorPitkin and Jefferson,ndState
of Colorado.grantor(s).und STEVEN J. PHILLIPS and SUSAN
A. PHILLIPS,as to an undivided one-half
interest, and DAVID F. GORDON and LETICIA
GORDON, as to an undivided one-half interest,
whose legal address is as Tenants in Common
1601 22nd Street, West Des Moines, Iowa 50625
of the County of and Stateof Urwadao. graruee(s):
WITNESSETH. That the grantor(s), for and in consideration of the sum of Ten Dollars and
other valuable considerations DOLLARS.
the receipt and sufficiency of which is hereby acknowledged, have granted, barguined, sold and conveyed, and by these presents
do grant, bargain, sell, convey and confirm, unto the gramcc(s), their heirs and assigns forcer, all the real property,
together with improvements• if any, situate, lying and being in the County of Pitkin
and State of Colorado, described as follows:
Lots M and N, Block 117, City and Townsite of Aspen
and Lots M, N, 0 and P, Block 35, East Aspen Addition
to the City and Townsite of Aspen
II
also known by street and number us: 918 East Cooper Street, Aspen, Colorado
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the
revenion and reversions. remainder and remainders, rents. issues. and profits thereof. and all the estate, right, interest, claim and
demand whatsoever of the grantor(s), either in law or cyuitc, (If, in and to the abo%c bargained premises, with the hereditaments and
'i appurtenances. I�
TO HAVE AND TO HOLD the said premises atone bargained and described. v% ith the appurenanees unto the grumec(M. their
heirs and assigns forccer. And the grunions). for them sel ves theirheirs, and personal representatives.
do cmcnunl.grant. bargain and agree found withthcgrunteets). their heirs and usmgns.that atthe tinteofthe enscafing
and delivery of these presents are well scired III the prcnuses atx+vc conveyed. have gtxxl. sure. perfect. absolute
and indefeasible estate of inheritance. in low, in Icc simple. and ha ve gtxvd right, lull fxxrcr and law lul authority fit grant, bargain. sell
and conte) the %unit In manner and form us alorexaid. and that the same are Irce and Clear from all fomtir and other grants, bargains.
sales. liens, taxes. ussessments. encumbrances and restrictions of wh:aever kind or nutore soever, except
Exceptions and reservations as set forth in the Act authorizing the
issuance of the Patent for the Cityy and Townsite of Aspen recorded
March 1, 1897 in Book 139 at Page 216 as Reception No. 60156;
EXHIBIT 2
Right of for ditches or canals constructed by the authority of
the United States, as reserved in United States Patent recorded
August 29, 1958 in Book 185 at Page 69 as Reception No. 106874;
I'
1992 real property taxes payable in 1993. �I
The grantori s) shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable
possession of the grantce(s), their heirs and assigns, against all and every person or persons lawfully claiming the whole or any
pan thereof. I'
iIN WITNESS WHEREOF. The grantor(s) have executed this deed on the date first written atone.
US IN �O
t
�t J HN B. HIN, R.
I.
'if in Denver. insert "City and.- WILLIAM J. J=SHIN
No. 36. Rev. 2.85. %%ARRA%T`' OFED r\h.rt anw„ ar.drwd WhhOinr. 53:3 W, alh Ave., ULt-1. CO P214 — 0431 233.69W tv
•
STATE OF COLORADO.
County of lot ZA /AJ c`
1. MA -PLC I A- PO UTOU S , a Notary Public in and for
said ATX I A/ County, in the State aforesaid. do hereby certify that f.Gr— A. 4aasMr.u�
w�Kr�rm T. l.a;t::ryl.'/ .4,V,) +'-Ogees "Vz rri.v 1L`uhu personally known to me to be the
persons whose name S ct.e subscribed to the foregoing Deed, appeared before me this day in person and
acknowledged that TAYr signed, sealed and delivered the said instrument of writing as
free and voluntary act and deed for the uses and purposes set forth.
Given under my hand and official seal, this / day of tll:a - 19 CJ?,
My commission expires /VC11. S l Q S 3 JJJ
't /}S /+77.0RVIY IN FAC_"i FDIC TOrFnr 16, LOVSHIM� SIC'.
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EXHIBIT 3
June 15, 1994
Ms. Kim Johnson
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Permission to Represent
Dear Ms. Johnson:
Please consider this letter authorization for Sunny Vann of Vann Associates, Planning
Consultants, to represent us in the processing of our application for a subdivision
exemption for our property which is located at 918 East Cooper Avenue in the City of
Aspen. Mr. Vann is hereby authorized to act on our behalf with respect to all matters
reasonably pertaining to the aforementioned request.
Should you have any questions, or if we can be of any further assistance, please do not
hesitate to call.
Sincerely,
Susan Z. Phillips `-I
5300 Woodland Avenue
Des Moines, IA 50312
(515) 279-7616
Leticia Gordon
20 Thirty -Seventh Street
Des Moines, IA 50312
(515) 279-4947
SV:cwv
c:\bus\dty.1tr\1tr25494.kj 1
0 EXHIBIT 4
ASPENTITKIN PLANNING OFFICE
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and
(hereinafter APPLICANT) AGREE AS FOLLOWS:C7a/�/
APPLICANT has submitted to CITY an application for
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance
No. 77 (Series of 1992) establishes a fee structure for Planning Office applications
and the payment of all processing fees is a condition precedent to a determination
of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or
scope of the proposed project, it is not possible at this time to ascertain the full
extent of the costs involved in processing the application. APPLICANT and
CITY further agree that it is in the interest of the parties to allow APPLICANT
to make payment of an initial deposit and to thereafter permit additional costs to
be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be
benefited by retaining greater cash liquidity and will make additional payments
upon notification by the CITY when they are necessary as costs are incurred.
CITY agrees it will be benefited through the greater certainty of recovering its full
costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for
CITY staff to complete processing or present sufficient information to the
Planning Commission and/or City Council to enable the Planning Commission
and/or City Council to make legally required findings for project approval, unless
current billings are paid in full prior to decision.
0
•
5. Therefore, APPLICANT agrees that in consideration of the CITY's
waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $7/,_C7ft_
which is for �v hours of Planning Office time, and if actual recorded costs
exceed the initial deposit, APPLICANT shall pay additional monthly billings to
CITY to reimburse the CITY for the processing of the application mentioned
above, including post approval review. Such periodic payments shall be made
within 30 days of the billing date. APPLICANT further agrees that failure to pay
such accrued costs shall be grounds for suspension of processing.
CITY OF ASPEN
By:
Diane Moore
City Planning Director
APPLICANT
✓By;
Mailing Add�ress
✓ Date:A-9
0j,,
EXHIBIT 5
PITRIN COUNTY TITLE, INC.
601 E. HOPKINS, 3RD FLOOR
Vincent J. Higens ASPEN, COLORADO 81611
President 303-925-1766 303-925-6527 FAX
INVOICE TO: ORDER NO. 94-927
VANN & ASSOCIATES
230 E. HOPKINS AVE.
ASPEN, CO 81612
DATE: JUNE 16, 1994
Christina Davis
Vice President
LEGAL DESCRIPTION: LOTS M-P, BLOCK 35, EAST ASPEN ADDITION
REF: PHILLIPS
CHARGES
OWNER'S POLICY $
$
MORTGAGE POLICY $
$
ENDORSEMENTS
$
FORECLOSURE CERTIFICATE
$
ENTRIES # @ 5.00 EACH=
$
TAX CERTIFICATE $10.00 EACH X =
$
CLOSING FEE
$
RECORDING FEES
$
0 & EIS
$
CANCELLATION FEES
$
OTHER
$
ADJACENT OWNERS LIST 6.5 HOURS
$ 487.50
SUB TOTAL
$
PREVIOUS BALANCE +
$
LESS CREDITS -
$
TOTAL DUE $ 487.50
•
•
ADRIAN DORWORTH
2737-182-28-024
P.O. BOX 2694
ASPEN CO
81612
ANTHONY M. PODELL
2737-182-32-015
1930 E. 65TH STREET
LOS ANGELES CA
90001
ANTHONY PODELL
2737-182-32-018
1930 E. 65TH STREET
LOS ANGELES CA
90001
ARCHIE AND ELLA FRAME
2737-182-31-011
CHARLES SKIPSEY
17 HIDDEN VALLEY
CLEVELAND OH
44116
ARMOND AND SUSAN CHAPUT
2737-182-28-026
3426 WESTCLIFF ROAD SOUTH
FORT WORTH TX
76109
ART REALTY
2737-182-37-004
MARK TYE
P.O. BOX 8992
ASPEN CO
81612
ASPEN SKIING CORPORATION
2737-182-28-007
P.O. BOX 1248
ASPEN CO
81612
BARBARA GAMEROFF
2737-182-06-032
990 EAST HYMAN # 1
ASPEN CO
81611
BILLY AND HANNALORE SMART
2737-182-37-016
COATES, REID & WALDRON
720 E. HYMAN AVE.
ASPEN CO
81611
BOCA CHICA, INC.
2737-182-06-004
RIDOGAL FLORIDA INC.,
3750 NW 87th AVE. # 560
MIAMI FL
33178
�
BUTCH AND SUNDAIV� INVESTMENTS INC.
2737-182-38-024
GARFIELD AND HECHT
601 E. HYMAN
ASPEN CO
81611
CARLOS A. AND AMALIA ABEL
2737-182-31-017
523 CRAGMONT AVE.
BERKELEY CA
94708
CARLOS AND MONIKA OLIVARES
2737-182-08-008
826 HYMAN AVE.
ASPEN CO
81611
CARLOS AND REHA BRANIFF
2737-182-31-010
BOSQUE SE OMBUE, 135
BASQUE DE LAS LOM
MEXICO D.F. MEXICO
CHADVALE REALTY, INC.
2737-182-31-041
1209 ORANGE ST.
WILMINGTON DE
19801
CHARLES AND JEANNE WICHMAN
2737-182-06-028
P.O. BOX 656
HONOLULU HI
96809
CHARLES D. TOWER
2737-182-31-002
P.O. BOX 3014
ASPEN CO
81612
CHARLES W. HOOD
2737-182-06-031
980 EAST HYMAN #5
ASPEN CO
81611
CHERYL, MARY LOU AND JAMES
SCHMIDT
2737-182-28-022
MICHAEL OLANDER
P.O. BOX 2768
ASPEN CO
81612
CHRISTOPHER T. HOKE
2737-182-28-023
5721 N. COUNTRY CLUB TERRACE
EDMOND OK
73034
COSBAY REALTY CO•
2737-182-31-013
A NEW YORK GENERAL PARTNERSHIP
15- 10C 130TH STREET
COLLEGE POINT NY
11356
DASHA BELKOVA
2737-182-28-013
650 N. RIO VISTA BLVD.
FT. LAUDRDALE FL
33301
DAVID B. MELTZER
2737-182-37-018
36 SOUTH STATE STREET
CHICAGO IL
60603
DAVID BLUEFIELD PEARLSTEIN
2737-182-32-004
1006 EAST COOPER AVE
ASPEN CO
81611
DENNIS L. AND SHARON K. THOMPSON
2737-182-36-004 & 005
8848J RED OAK BLVD.
CHARLOTTE NC
28217
DENNIS P. AND ALICE P. CIRILLO
2737-182-06-029
301 EAST 73 STREET
NEW YORK NY
10021
DON D. CRAWFORD
2737-182-34-009
3401 E. OCEAN VIEW BLVD.
LONG BEACH CA
90803
E. SAWYER SMITH JR.
2737-182-28-027
835 E. HYMAN AVE. APT L
ASPEN CO
81611
EDWIN AND IRENE WEINROT
2737-182-37-012
P.O. BOX 48128
LOS ANGELES CA
90048
ESTHER KARTIGANER
2737-182-31-016
333 EAST 53RD STREET
NEW YORK NY
10022
•
FRED VENRICK
1746 N. LARRABEE
CHICAGO IL
60614
FRIEDERICKE STENGER
WALTER STENGER
117 CENTER POINT DR. STE 300
NEPEAN, ONTARIO CAN
K2G 5X
GALEN AND MARYLOU MARTIN
5001 HOPEWELL ROAD
LOUISVILLE KY
40299
GARY HIRSCHFIELD
DOUG ALLEN
225 N. MILL ST. STE 210
ASPEN CO
81611
GERALD AND ROSEMARY KRANS
FOURTH FINANCIAL MORTGAGE
COMPANY
P.O. BOX 1069
WICHITA KS
67201
GERALDINE HEYMAN
1007 E. HYAMN AVE. #8
ASPEN CO
81611
GLENN EUGENE LAW
P.O. BOX 2537
ASPEN CO
81611
H. CHRISTPOHER BRUMBDER
FIRSTSTAR TRUST
777 E. WISCONSIN AVE.
MILWAUKEE WI
53202
HARRIET AND HERBERT DAVIS
1050 GEORGE ST. APT 9M
NEW BRUNSWICK NJ
08901
HELDA ENTERPRISES L.P.
3535 E. COAST HIGHWAY # 130
CORONA DEL MAR CA
92625
• 2737-182-34-005
2737-182-31-018
2737-182-28-028
2737-182-37-005
2737-182-28-009
2737-182-32-012
2737-182-91-001 THRU 005
2737-182-37-017
2737-182-28-018
2737-182-31-003
91CHELE
•
HOWARD BASS AND
BODNER
2737-182-38-023
P.O. BOX 5078
ASPEN
CO
81612
INDIANHEAD FARMS, INC.
2737-182-37-019
P.O. BOX 623
MASON CITY
IA
50402
JAMES L. AND RUTH SHERMAN
2737-182-31-008
JAMES R. LAUGHLIN
4032 LINDEN AVENUE
WESTERN SPRINGS
IL
60558
JENNIE H. COWLING
2737-182-34-001
RICHARD E. COWLING
118 DEER TRAIL
BOULDER
CO
80302
JOAN MARGUERITE SPARLING
2737-182-06-034
300 PUPPY SMITH STREET #205-220
ASPEN
CO
81611
JOELLE MC DONOUGH
2737-182-32-013
1007 E. HYMAN AVE.
ASPEN
CO
81611
JOHN AND CHRISTINE
CHAMBERS
2737-182-34-008
FRANKLIN AND KAREN
CHAMBERS
965 WEST MILHAM
KALAMAZOO
MI
49002
JOHN G. HUMPHREY
2737-182-34-006
P.O. BOX 3725
ASPEN
CO
81612
JOHN J. CADY
2737-182-31-012
8121 KILLARNEY COURT
WICHITA
KS
67206
JOHN P. AND SANDRA
H. FINNEGAN
2737-182-31-021
84 RILLING RIDGE
NEW CANAAN
CT
06840
•
JOHN R. VAVREK
2737-182-28-014
819 E.HYMAN AVE. #4
ASPEN CO
81611
JOSEPH V. MYERS JR.
2737-182-37-010
265 BRIGHTON ROAD NE
ATLANTA GA
30309
JOYCE K. MURRAY
2737-182-32-003
P.O. BOX 352
ASPEN CO
81612
JUDITH TAYLOR
2737-182-28-025
533 E. HOPKINS "B"
ASPEN CO
81611
KEITH AND VICTORIA CARLSON
2737-182-06-030
580 E. HYMAN AVE. #4
ASPEN CO
81611
KELLY AND KATHRYN JONES
2737-182-37-006
2110 INDIAN TRAIL
AUSTIN TX
78703
KENNETH E. AND SUSAN L.
QUINTENZ
2737-182-37-020
91 NORTH STANBERY AVE.
COLUM13US OH
43209
KENTOCO LIMITED PARTNERSHIP
2737-182-31-001
ONE NORTHFIELD PLAZA
NORTHFIELD IL
60093
LYNNE M. STACKER
2737-182-37-011
694 MAPLE PARK DRIVE
ST. PAUL MN
55118
MAGNER CHILDREN'S MINOR
TRUST
2737-182-31-019
GERALD MAGNER
73 INDIAN HILLS ROAD
WINNETKA IL
60093
•
MARION S. ROBER
2737-182-31-009
TANIA ROBERTS
1004 MOPAC CIRCLE, STE 21
AUSTIN TX
78746
MARK AND A. RAYMOND TYE
2737-182-34-012
P.O. BOX 8992
ASPEN CO
81612
MARK AND CHRISTEN TACHE
2737-182-32-001
840 CEMETERY LANE
ASPEN CO
81611
MARNY NEDLIN
2737-182-32-017
80 CENTRAL PARK WEST, SUITE
21 D
NEW YORK NY
10023
MARNY NEDLIN
2737-182-32-019
80 CENTRAL PARK WEST, SUITE
21 D
NEW YORK NY
10023
MARVIN AND SYLVIA GORDON
2737-182-37-015
25862 HERSHEYVALE
FRANKLIN MI
48025
MARY ANN ROBINSON
2737-182-06-027
453 YACHT HARBOR DRIVE
OSPREY FL
34229
MELVIN BOYER
2737-182-31-042
P.O. BOX 295
KEEGO HARBOR MI
48320
MELVYN AND MILDRED ANHALT
2737-182-34-010
11 WILLIAMSBURG LANE
HOUSTON TX
77024
MICHAEL AND GLORIA GOLDMAN
2737-182-28-017
1603 WEST INA ROAD
TUCSON AZ
85704
•
MICHAEL P. HUBB#
2737-182-06-005
304 E. HOPKINS 2FL
ASPEN CO
81611
MICHAELA GAME
2737-182-28-021
P.O. BOX 3835
ASPEN CO
81612
NELIGH COATES
2737-182-28-006
COATES, REID & WALDRON
720 E. DURANT
ASPEN CO
81611
NORTHERN TRUST COMPANY
2737-182-32-007
CAROLYN ANN AND GEORGE VICTOR
50 SOUTH LASALLE ST.
CHICAGO IL
60675
OLOF AND CAROLYN HEDSTROM
2737-182-37-013
P.O. BOX 4815
ASPEN CO
81612
PATRICIA M. SEIFERT
2737-182-28-012
P.O. BOX 2262
ASPEN CO
81612
PATTY K. LANDERS
2737-182-28-016
P.O. BOX 1479
JACKSON WY
83001
PAUL F. AHERN
2737-182-32-014
23501 PARK SORRENTO, STE
103
CALABASAS CA
91302
PENELOPE S. MCILWAINE
2737-182-28-015
3035 CALLA DR.
SANTA CRUZ CA
95062
PENNY L. WHITE
2737-182-32-009
1007 EAST HYMAN #2
ASPEN CO
81611
•
•
PETER HERSHORN
2737-182-32-008
555 EAST DURANT AVE.
ASPEN CO
81611
PHILIP M. AND LILIANA COHEN
2737-182-31-022
35 SHAKER RIDGE DRIVE
CANAAN NY
12029
PODELL INDUSTRIES
2737-182-32-016
1930 E. 65TH STREET
LOS ANGELES CA
90001
RICHARD AND SUZANNE PAUL
2737-182-31-020
1210 INVERNESS AVE.
PITTSBURG PA
15217
RICHARD J. AND ALLISON MEEKER
2737-182-32-011
0752 MEADOWOOD DR.
ASPEN CO
81611
ROBERT A. KOTICK
2737-182-37-007
11440 SAN VICENTE # 300
LOS ANGELES CA
90049
ROBERT AND CAROL KOZLOW
2737-182-37-009
6764 KNOLLWOOD CIRCLE WEST
WEST BLOOMFIELD MI
48322
ROBERT S. AND ELIZABETH J.
SHERMAN
2737-182-31-015
1025 MISTWOOD LANE
DOWNERS GROVE IL
60515
ROBIN MICHAEL MOLNY
2737-182-28-019
835 E. HYMAN AVE
ASPEN CO
81611
RONALD C. KANAN
2737-182-31-004
P.O. BOX 649
ASPEN CO
81612
RONALD RUSHNECK
•
2737-182-31-014
GARY AND SUSAN RUSHNECK
480 SOUTH BROADWAY
TARRYTOWN NY
10591
ROSALIND HOPP
107 SOUTH WARBLER LANE
SARASOTA FL
34236
ROSEMARY KRANS
FOURTH FINANCIAL MORTGAGE
COMPANY
7831 WILLOW LAKE COURT #
217
DALLAS TX
75230
S.J. AND BARBARA GLAUSER
GARFIELD AND HECHT
601 E. HYMAN
ASPEN CO
81611
SAVANNAH LIMITED PARTNERSHIP
HADID DEVELOPMENT
600 EAST COOPER AVE. STE
200
ASPEN CO
81611
SAVANNAH LIMITED PARTNERSHIP
JOE IMBRIANI
600 EAST COOPER AVE. STE
200
ASPEN CO
81611
SEPP H. AND JANE KESSLER
960 DURANT AVE.
ASPEN CO
81611
SHARON E. MEAGHER
P.O. BOX 2187
ASPEN CO
81612
STEVEN AND KATHLEEN NEAL
JEAN M. AND BILL R. DEEM
P.O. BOX 634
ASPEN CO
81612
SUSAN AND SCOTT ROLLES
218 KAIVLANI AVE. 2ND FLOOR
HONOLULU HI
96815
2737-182-06-033
2737-182-28-010
2737-182-28-020
2737-182-37-002
2737-182-37-003
2737-182-34-020 THRU 028
2737-182-37-008
2737-182-34-007
2737-182-06-006
SUSAN MC GUBELMA.
240 MT. LAUREL DR.
ASPEN CO 81611
TED KOUTSOUBOS
419 EAST HYMAN
ASPEN CO 81611
W.R. AND HELEN NEWELL
203 S. GALENA
ASPEN CO 81611
WESTON AND SUSAN ANSON
P.O. BOX 8472
LA JOLLA CA 92038
WILLIAM J. AND EUDICE MORSE
14851 COUNTY LINE RAOD
CHAGRIN FALLS OH 44022
• 2737-182-37-014
2737-182-28-011
2737-182-32-010
2737-182-28-005
2737-182-37-021
_ ENGINEERS EXHIBIT 6
• SURVEYORS
Sc'M
(303) 925-6727 SCHMUESER P.O. Box 2155
FAX (303) 925-4157 GORDONMEYER Aspen, CO 81612
June 24, 1994
Mr. Sunny Vann
VANN ASSOCIATES INC.
230 East Hopkins Ave.
Aspen, CO. 81611
RE: Phillips - Gordon Lot Split, Engineering Report
Dear Sunny:
This letter comprises an Engineering Report for the proposed lot split application for the property
owned by Ms. Susan Phillips and Ms. Leticia Gordon in Aspen, Colorado. The property is
located at 918 East Cooper Avenue and includes Lots M and N of Block 117 of the City and
Townsite of Aspen and all of Lots M, N, O and P of Block 35, East Aspen Addition to the City and
Townsite of Aspen. The lot split proposal will divide the property into two parcels along the lot
line between Townsite Lots N and O. There is an existing single-family home as well as several
outbuildings on the property and one single family home as well as one duplex structure will
result from redevelopment following the lot split.
I have spoken with representatives of all primary utilities and inspected the site with regard to the
availability of all secondary utilities. I offer the following comments;
Water Larry Ballenger, the Superintendent for the City of Aspen Water
Department, indicates that water service to the new site is available from the mains
in East Cooper Avenue. According to the City's system maps, there is an existing
14 inch diameter ductile iron transmission main as well as an 8 inch diameter cast
iron line in the Cooper right-of-way. Larry indicates that they would prefer to have
the new units tap the smaller diameter main provided it is found to be in good
condition. No special constraints exist and the City has sufficient capacity to
serve the new homes on the parcel.
There is an existing fire hydrant on the northeast corner of the East Cooper
Avenue and West End Street intersection, approximately 65 feet from the property.
Service to the new parcel will be provided subject to submission of an in -town tap
application once the new homes are designed (so service requirements can be
determined).
2. Sewer Tom Bracewell, System Superintendent of the Aspen Consolidated
Sanitation District (ACSD), indicates that sewer service is available to the property
from an existing 8 inch diameter collection line located in the alley of Block
117/35. Tom does note that the line in the adjacent alley is shallow, probably in
the range of 5 feet below existing grade so lower level facilities may require a lift
pump to reach the main. Tom also indicates that downstream flow constraints
118 West 6th, Suite 200 • Glenwood Springs, Colorado • (303) 945-1004
June 24, 1994
Mr. Sunny Vann
Page 2
exist on the Galena trunk line and the ACSD will require a tap fee surcharge
toward upgrading that portion of the main. Otherwise, the ACSD has sufficient
treatment capacity to serve the proposed homes on the newly created parcels.
3. Electric City of Aspen Electric Superintendent Bill Early tells me that electric
service is available to the new parcels from existing buried electric facilities within
the alley. There are two existing transformers on the alley frontage of the
property. Bill does note that, depending on the actual load requirements of the
new home designs, it may be necessary to change out one or both of the existing
secondary transformers in the alley to handle the increased load. This
requirement would represent a potential cost to the builder of each new home of
an estimated $2,000 to $3,000 after credit for salvage of the old transformer.
Otherwise, no system upgrades would be required other than construction of the
new service line to the homesites.
The City Electric Department will also require that easements for the existing
transformers be dedicated within the plat and site plans for the redevelopment of
the two parcels. Bill specifically noted that the City will retain the option of
relocating the transformers onto the easements within the property and may not
choose to do so immediately.
4. Miscellaneous Utilities Gas, telephone and cable TV are all evident and available
from the alley, phone and cable have pedestals located adjacent to the property
frontage in the alley. Service to the new parcels of the Phillips/Gordon lot split
would be available subject to normal service construction and connection
charges.
5. Access and Streets Access into the new lots is available from the alley of Block
117/35. Given Cooper Avenue's status as part of Colorado State Highway 82
through Aspen, access from the street frontage is prohibited by the City's
regulations.
I also note that the property contains structures and improvements that encroach
into the alley. In addition, the existing electric transformers, phone and cable TV
pedestals encroach into the alley right-of-way beyond the various improvements.
I would anticipate that development of the newly created parcels or redevelopment
of the existing home would require that encroachments be removed from the alley
and that all utility related facilities be provided on -site easements or actually be
relocated to easements within the property.
6. Drainage Creation of the new homesites or redevelopment of the existing home
will have relatively minimal impact on area drainage. The design of the new or
replacement homes should anticipate use of on -site drywells to maintain historic
drainage conditions per City of Aspen regulations.
SCHMUESER GORDON MEYER, INC.
June 24, 1994
Mr. Sunny Vann
Page 3
I hope these comments will be adequate for submission of the Phillips/Gordon Lot Split
application. Feel free to contact me if I may provide any further comment or detail.
Very Truly Yours,
SCHMUESER GORDON MEYER INC.
Jay W. Hammond, P.E.
Principal, Aspen Office
JK/h 94094ER
SCHMUESER GORDON MEYER, INC.
I'-I0
0 10 20
�rlsT VICINITY MAP co 0",
�3. tRCr�NI
LI
Asp,mn
raw
M
S ITE
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN
YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE
CERTIFICATION IS VOID IF NOT NET STAMPED WITH TIME SEAL OF THE
SURVEYOR.
PLAT OF' PH ILL IPS/GORDON LOT SPLIT SUBDIVISION
LEGAL DESCRIPTION
PARCEL I.
ALL OF LOTS M AND N,
BLOCK 117,
CITY AND TOWNSITE OF ASPEN.
PARCEL 11.
ALL OF LOTS M,N,O AND P,
BLOCK 35,
EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN.
COUNTY OF PITKIN, STATE OF COLORADO.
947 4.30' W.C.
OCHE
MUMS
NT
R.
SINCE DESTORYED
LEGEND AND NOTES
IS CITY MONUMENT
0 FOUND SURVEY MONUMENT AS DESCRIBED
❑ UTILITY BOX
FENCE
BUILDINGS ENCROACH INTk ,LLEY AS SHOWN
TITLE INFORMATION FURNISHED BY:
STEWART TITLE OF ASPEN, INC.
ORDER NO. 0001914s^t
DATED: JULY 27, 1
ELECTRIC TRANSFORMER
STREET LIGHT
I.THE PHILLIPS/GORDON LOT SPLIT SUBDIVISION IS SUBJECT TO THAT
CERTAIN SUBDIVISION EXEMPTION AGREEMENT WHICH IS RECORDED IN BOOK
AT PAGE _ IN THE OFFICE OF THE PITKIN COUNTY CLERK AND
RECORDER.
2.THE PHILLIPS/GORDON LOT SPLIT SUBDIVISION IS SUBJECT TO THAT
CERTAIN CURB AND GUTTER AGREEMENT WHICH IS RECORDED IN BOOK
AT PAGE _ IN THE OF OFFICE OF THE PITKIN COUNTY CLERK AND
RECORDER.
3.ALL SETBACK NON -CONFORMITIES CREATED AS A RESULT OF THE
APPROVAL OF THE PHILLIPS/GORDON LOT SPLIT SUBDIVISION SHALL BE
ELIMINATED IN CONNECTION WITH THE DEVELOPMENT OF LOTS I AND 2.
ALL SETBACKS SHALL CONFORM TO THE REQUIREMENTS OF THE R/MF,
RESIDENTIAL/MULTI-FAMILY, ZONE DISTRICT.
4.THE RELOCATION DEMOLITION OR PARTIAL DEMOLITION OF ANY
EXISTING STRUCTURE LOCATED ON LOT$ I AND 2 WHICH ISLISTED ON THE
CITY'S INVENTORY OF HISTORIC STRUCTURES SHALL BE REVIEWED AND
APPROVED BY THE HISTORIC PRESERVATION COMMITTEE AS MAY BE
REQUIRED.
5.ALL DEVELOPMENT LOCATED ON LOTS I AND 2 SHALL COMPLY WITH THE
STORM RUNOFF REQUIREMENTS OF SECTION 24-7-1004.C.4.F-OF THE
MUNICIPAL CODE PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT.
6.ANY SURFACE UTILITY NEEDS FOR PEDESTAL OR OTHER FACILITIES
SHALL BE INSTALLED ON AN EASEMENT TO BE PROVIDED BY THE OWNER(S)
OF LOTS I AND 2 AND NOT IN THE PUBLIC RIGHT-OF-WAY.
7.LOTS I AND 2 OF THE PHILLIPS/GORDON LOT SPLIT SUBDIVISION ARE
ZONED R/MF, RESIDENTIAL MULTI -FAMILY.
8.THE PHILLIPS/GORDON LOT SPLIT SUBDIVISION HAS BEEN APPROVED FOR
THE DEVELOPMENT OF (a) ONE SINGLE FAMILY RESIDENCE ON ONE OF THE
LOTS CREATED BY THE LOT SPLIT AND (b) ONE DUPLEX ON THE OTHER
LOT. THE DUPLEX MAY BE CONSTRUCTED ON EITHER LOT I OR 2, IN THE
DISCRETION OF THE LOT OWNERS.
9. AFFORDABLE HOUSING MITIGATION SHALL BE PROVIDED IN CONNECTION
WITH THE SINGLE-FAMILY DWELLING UNIT AS FOLLOWS. IN THE
DISCRETION OF THE LOT OWNER THE OWNER SHALL DO ONE OF THE
FOLLOWING: (i) PROVIDE AN ACCESSORY DWELLING UNIT: (li) PAY THE
APPLICABLE AFFORDABLE HOUSING IMPACT FEE: OR (iii)PROVIDE A
RESIDENT OCCUPIED DEED RESTRICTION ON THE SINGLE-FAMILY DWELLING
BEING CONSTRUCTED. IF THE OWNER ELECTS TO BUILD AN ACCESSORY
DWELLING UNIT ON THE LOT, THE UNIT MUST BE APPROVED PRIOR TO THE
ISSUANCE OF ANY BUILDING PERMIT FOR THE LOT AND A DEED
RESTRICTION MUST BE RECORDED WITH THE OFFICE` OF THE CLERK AND
RECORDER OF PITKIN COUNTY COLORADO AND A COPY DELIVERED TO THE
PLANNING OFFICE OF ANY BUILDING PERMIT APPLICATION.
10. AFFORDABLE HOUSING MITIGATION SHALL BE PROVIDED IN CONNECTION
WITH THE DUPLEX DWELLING UNIT AS FOLLOWS. IN THE DISCRETION OF THE
LOT OWNER THE OWNER SHALL DO ONE OF THE FOLLOWING:
(i) PROV16E ONE FREE-MARKET UNIT, AND ONE RESIDENT -OCCUPIED UNIT
(WITH AN APPROPRIATE DEED RESTRICTION) CONTAINING A MINIMUM OF
1500 SQUARE FEET:
hi) PROVIDE TWO FREE MARKET UNITS AND ONE ACCESSORY DWELLING
UNIT CONTAINING A MINIMUM OF 600 SQUARE FEET:
(ili)PROVIDE TWO RESIDENT - OCCUPIED UNITS, EACH APPROPRIATELY DEED
RESTRICTED: OR
(Iv) PAY THE APPLICABLE AFFORDABLE HOUSING IMPACT FEE.
IF THE OWNER ELECTS TO BUILD TWO FREE MARKET UNITS AND AN
ACCESSORY DWELLING UNIT ON THE LOT, THE UNIT MUST BE APPROVED
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR THE LOT, AND A
DEED RESTRICTION MUST BE RECORDED WITH THE OFFICE OF THE CLERK
AND RECORDER OF PITKIN COUNTY, COLORADO AND A COPY DELIVERED TO
THE PLANNING OFFICE PRIOR TO APPROVAL BY THE PLANNING OFFICE OF
ANY BUILDING PERMIT APPLICATION.
CERTIFICATE OF OWNERSHIP AND DEDICATAION
KNOW ALL MENBY THESE PRESENTS,THAT STEVEN J. PHILLIPS SUSAN Z.
PHILLIPS DAVID F. GORDON AND LETICIA GORDON BEING THt RECORD
OWNERS O� LOTS M AND N, BLOCK 117, CITY AND tOWNSITE OF ASPEN AND
LOTS M,N,O AND P, BLOCK 35 EAST ASPEN ADDITION TO THE CITY AND
TOWNSITE OF ASPEN, PITKIN COUNTY COLORADO, DO HEREBY SUBDIVIDE
AND PLAT SAID LANDS INTO LOT I AND 2 OF THE PHILLIPS/GORDON LOT
SPLIT SUBDIVISION. AS DEPICTED AND DESCRIBED HEREON.
EXECUTED THIS AY OF , 1995
STEVEN J. PHILLIPS
SUSAN Z. PHILLIPS
COUNTY OF
{d
STATE OF 1
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS__ DAY
OF , 1995 BY STEVEN J. PHILLIPS AND SUSAN Z.
PHILLIPS.
COUNTY OF
)Ed
STATE OF )
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES:
NOTARY PUBLIC
DAVID F. GORDON
LETICIA GORDON
COUNTY OF )
laE
STATE OF
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS_ DAY
OF _ , 1995 BY DAVID F. GORDON AND LETICIA GORDON.
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES:
NOTARY PUBLIC
CONSENT OF MORTGAGEE
THE UNDERSIGNED BEING THE BENEFICIARY OF A DEED OF TRUST ON THE
WITHIN DESCRIBE6 REAL PROPERTY AS RECORDED IN BOOK ---AT PAGE
OF THE PITKIN COUNTY RECORDS, HEREBY CONSENTS TO AND
APPROVES THE EXCUTION AND RECORDING OF THIS PLAT OF THE
PHILLIPS/GORDON LOT SPLIT SUBDIVISION.
NORWEST BANK OF ASPEN
BY:
ITS:
COUNTY OF 1
){d
STATE OF )
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS_ DAY
OF , 1995 BY AS
_OF NORWEST BANK OF ASPEN.
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES:
NOTARY OF PUBLIC
CITY COUNCIL APPROVAL
THIS PLAT OF THE PHILLIPS/GORDON LOT SPLIT SUBDIVISION WAS
APPROVED BY THE CITY COUNCIL OF THE CITY OF ASPEN ORDINANCE NO
45-94.EXECUTED THIS DAY OF __ DAY OF , 199_.
BY: ATTEST:
MAYOR CITY CLERK
Cl ENGINEERS APPROVAL
THIS PLAT OF THE PHILLIPS/GORDON LOT SPLIT SUBDIVISION WAS
APPROVED BY THE ENGINEER OF THE CITY OF ASPEN THIS _ DAY OF
199_.
BY:
CITY ENGINEER
PLANNING DIRECTOR APPROVAL
THIS PLAT OF THE PHILLIPS/GORDON LOT SPLIT SUBDIVISION WAS
APPROVED BY THE PLANNING DIRECTOR OF THE CITY OF ASPEN THIS
DAY OF . 199_ .
BY:
PLANNING DIRECTOR
SURVEYORS CERTIFICATE
I JOHN HOWORTH A COLORADO PROFESSIONAL LAND SURVEYOR HEREBY
CERTIFY THAT THIS PLAT WAS PREPARED FROM FIELD NOTES OF A SURVEY
PERFORMED BY ME DURING 1994. ALL EASEMENTS OF
RECORD AS INDICATED ON TITLE POLICY PREPARED BY STEWART TITLE OF
ASPEN, INC., ORDER NO. 00019145C6, DATED: JULY 27 1992, HAVE
BEEN SHOWN, THAT THE SURVEY CLOSES TO 1:10,000 AN6 THAT THE
SURVEY WAS PERFORMED IN ACCORDANCE WITH COLORADO REVISED STATUES,
TITLE 38, ARTICLE 51 AS AMEND FROM TIME TO TIME.
JOHN HOWORTH CPLS 25947
TITLE CERTIFICATE
THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF STEWART
TITLE OF ASPEN, INC., REGISTERED TO DO BUSINESS IN PITKIN COUNTY,
COLORADO DOES HEREBY CERTIFY THAT THE PERSONS LISTED AS OWNERS
ON THIS SLAT DO HOLD FEE SIMPLE TITLE TO THE WITHIN DESCRIBED
REAL PROPERTY, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES
EXCEPT THOSE LISTED ON THE OWNER'S AND MORTGAGEE'S CERTIFICATE.
ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS PLAT ARE TRUE, THIS
CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE, NOR
AN OPINION OF TITLE NOR A GUARANTEE OF TITLE, AND IT IS
UNDERSTOOD AND AGREED THAT STEWART TITLE OF ASPEN, INCNEITHER
ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATi6N OR
LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN.
EXECUTED THIS _ DAY OF 199_ .
BY:
AS:
STATE OF COLORADO 1
{{
COUNTY OF PITKIN )
THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS
DAY OF . 1995 BY
AS
A REPRESENTATIVE OF STEWART TITLE OF ASPEN, INC
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES:
PUBLIC
CLERK AND RECORDERS CERTIFICATE
THIS PLAT OF THE PHILLIPS/GORDON LOT SPLIT SUBDIVISION IS
ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF
PITKIN COUNTY COLORADO THIS AY OF 199_, IN
PLAT BOOK_�T PAGI=JAS
RECEPTION NUMBER
CLERK AND RECORDER
PITKIN COUNTY, COLORADO
PREPARED BY
ASPEN SURVEY ENGINEERS, INC.
210 SOUTH GALENA STREET
ASPEN, COLORADO 81b11
PHONE/FAX (303) 925-3816
DATE J08
12/94 22104
I
0 10 20
1 Fcx7r �iO�.iTC�L S
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN THIS PLAT WITHIN THREE YEARS
AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT. MAY ANY
ACTION BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN
THREE YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE
CERTIFICATION IS VOID IF NOT WET STAMPED WITH SEAL OF THE
SURVEYOR.
LEGEND AND NOTES
SLANTED TEXT DENOTES RECORD INFORMATION
CITY MONUMENT
• FOUND SURVEY MONUMENT AS DESCRIBED
❑ UTILITY BOX
y FENCE
BUILDINGS ENCROACH INTO ALLEY AS SHOWN
POSTED ADDRESS -918"
TITLE INFORMATION FURNISHED BY:
STEWART TITLE OF ASPEN. INC.
ORDER NO. 0019145
DATED: APRIL 01. 1992
Icc--1 C) UouS TTLcE > c',
FENCE POST IS PROPERTY CORNER 11oo
GO�vTOU2-S � TIZ�� 6/�-
\ Ni Ito Q.
BUILDING
LO
o SHED
J
GAS
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I
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G 25947
O / 4.30'WC.
CERTIFICATION
,� THE UNDERSIGNED STATES THAT THE PROPERTY DESCRIBED HEREON WAS
58
•8. p° \ ) FIELD SURVF"5D DURING —)LLlE _ 1994 AND IS ACCURATE
•/- ! BASED ON TI FIELD EVIDENCE AS SHOWN. D THAT THERE ARE NO
AREN 12.008 SO. F"
/ / DISCREPANCIES OF RECORD. BOUNDARY LINE CONFLICTS. ENCROACHMENTS.
/ EASEMENTS OR RIGHTS OF WAY IN FIELD EVIDENCE OR KNOWN TO ME.
EXCEPT AS HEREON .U�j \ UTLITES WITH
APPURTENANCES. ANDHOWNDOCUMENTSROFOUND RECORDINOTISUPPLIEDNTOATHEEGROUND
N J I j-,
SURVEYOR ARC EXCEPTED. THIS SURVEY IS VAID UNLESS WET STAMPED
�' WITH THE St OF THE SURVEYOR BELOW.
DATED:
.15�9.4
I r 1 \ I
// \� • `^ I /1/ J M . HOWORTH P.-L.S. 25947
B,is,-
1oZ
270. 19�``
FIELD
SI COooF PAVEMENt
P
-7j
25947 1 TBM IOZ ZS
OsT
IMPROVEMENT SURVEY
OF
PARCEL I:
Lots M and N.
Block 117.
CITY AND TOWNSITE OF .ASPEN
PARCEL 2:
ALL of Lots M.N.O and P.
Block 35.
EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN
County of Pitkin. State of Colorodo
PREPARED BY
ASPEN SURVEY ENGINEERS INC.
DEPOS I TED TH I S DAY OF 1 992 . IN BOOK OF THE zlo S. GALENA sT
COUNTY CLERKS LAND SURVEY PLATS/RIGHT OF WAY SURVEYS AT PAGE P.O. BOX 2506
AS RECEPTION NUMBER THIS LAND SURVEY PLAT
COMPLIES WITH SECTION 38-5 1 - 1 02 COLORADO REVISED STATUES. ASPEN. COLORADO 61612
SECTION 18. TOWNSHIP 10 SOUTH. RANGE 84 WEST OF THE 6th P.M. (303) 925-3616
DATE JOB NO,
COUNTY CLERK AND RECORDER 4/92 22104
-D/q4-