HomeMy WebLinkAboutcoa.lu.gm.Phillips/Gordon Subdivision.A49-94 Li 4
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 07112/94 PARCEL ID AND CASE NO.
DATE COMPLETE: 7 !i, 2737- 182 -31 -004 A49 -94
/y/3 /j9' STAFF MEMBER: KJ
PROJECT NAME: Phillips /Gordon Sub. /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
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 PUBLIC HEARING: YES NO
t� VESTED RIGHTS: YES NO
CC Meeting Date h /?i2 - / S � PUBLIC HEARING: 4S ND NO
V26 - 201) VESTED RIGHTS: ' S NO
DRC Meeting Date Np(aW
REFERRALS:
n City Attorney Parks Dept. School District
City Engineer Bldg Inspector Rocky Mtn NatGas
p. Housing Dir. Fire Marshal CDOT
` Aspen Water Holy Cross Clean Air Board
U City Electric Mtn. Bell Open Space Board
\n/ ^ f E nvir.Hlth. ACSD Other
� 11`` p� ` Zoning q Energy Center Other ��
9 1 1 � DATE REFERRED: 1119 INITIALS: p"v DUE: d/J
�� FINAL ROUTING: DATE ROUTED: " INITI �AL:4 /,()
City Atty City Engineer _Zoning Env. Health
Housing Open Space Other:
FILE STATUS AND LOCATION:
SUBDIVISION EXEMPTION AGREEMENT FOR THE
PHILLIPS / GORDON LOT SPLIT
380695 B-779 P-126 04/20/95 03:44P PG 1 OF 5 REC DOC
SILVIA DAVIS PITKI.N COUNTY CLERK & RECORDER 25.00
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, 0 and P, Block 35, East Aspen
Addition to the City and Townsite of Aspen
(together the "Property "),
which Property 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 No. 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.
ft •
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 o
a Plat of the Phillips /Gordon Lot Split Subdivision in Plat Book
at Page % 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 Bookill at Page 13' of the Office
of the Clerk and Recorder of Pi tkin County, Colorado.
3. All setback non - conformities created as a result of the
approval of the Phillips /Gordon Lot Split Subdivision shall be 1
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.
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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
c•;
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 c
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 T'
districts for improvements to be constructed in public rights -of- to
way adjoining 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
2
the discretion of the Lot owner, the owner shall do one of the
following: (i) provide an accessory dwelling unit; (ii) 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 co
dwelling unit on the lot, the unit must be approved prior to the m
issuance of any building permit for the Lot, and a deed restriction p
must be recorded with the Office of the Clerk and Recorder of L9
Pitkin County, Colorado and a copy delivered to the Planning Office
prior to approval by the Planning Office of any building permit
application.
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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:
ru
w
(i) provide one free - market unit, and one resident -
occupied .unit (with an appropriate deed restriction) s
containing a minimum of 1500 square feet;
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(ii) provide two free market units, and one accessory s
dwelling unit containing a minimum of 600 square feet; ;°
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(iii) provide two resident - occupied units, each s
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
m
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 o
Pitkin County, Colorado and a copy delivered to the Planning Office
prior to approval by the Planning Office of any building permit in
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.
3
14. If any provision of this Agreement is determined to be
invalid, such invalidity shall not affect the remaining provisions
hereof. t Y i� c�j(
Entered into this day of `4?/9 �/� , 1995. s
APPLICANTS: 'S
S ev n J. P lip
01
ars' La.
• san • . Phil+T .-/
David F. Gordo
r . Qi _ _ „ n
Leticia Gordon ..p
STATE OF )
ss.
COUNTY OF ) j
s
The Aoregoing instrument was acknowledged before me this
day of W , 1995, by Steven J. Phillips and Susan Z. L"
Phillips. s
G:
WITNESS my hand and official seal. s-
My commission expires: r:
(SEAL) c 9 y� KATHELYN M. HESTON �� i i /��
li.
I MYC MpISSION i a 'ubllc
o
STATE OF )
ss. L;,
COUNTY OF )
The fo a oing instrument was acknowledged before me this 7
day of , 1995, by David F. Gordon and Leticia
Gordon.
WITNESS my hand and official seal.
My commission expires:
(SEAL) / / -/�
'� KATHELYN M. HESTON Ota ' ub11C
s MY COMMISSION EXPIRES
4
CITY: - THEY OF • i COLORADO
B ,
Hon'r.ble Joh S. Bennett,
May.
ATTEST: C
Kathryn K• C 'y Clerk
APPROVED AS TO FORM: a J
1 .a
John Worcester, n
City Attorney "
ci
s
STATE OF COLORADO )
) ss. s
COUNTY OF PITKIN )
rV
Tb o oing instrument was acknowledged before me this z ak,
day of , 1995, by John S. Bennett, as Mayor, and
by,lfathry Koch, as City Clerk, of the City of Aspen, Colorado.
• \, CO
WITNESS my hand and official seal. r
r e /A c: commission expires: c9./d.:7/79 .r-
ota e Public n
C
7
C4
12983.1 5
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, 0 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 (2') wide gutter with a six inch (6 ") 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 Agreement shall be binding upon and shall inure to
the benefit of the heirs, assigns and successors in title of the
parties hereto.
Entered into this day of % 'u , 1995.
/‘. • , ms
St -ve J. Phillip
380696 B -779 P -131 04/20/95 03:58P PG 1 OF 3 REC DOC
SILVIR DAVIS PITKIN COUNTY CLERK 8 RECORDER 15.00
r
. I,
A -- ,
:. Phi l+� AO
la p • F. Gordon - ^ _
Leticia Gordon
STATE OF )
) ss.
COUNTY OF )
The fo a oing instrument was acknowledged before me this 9
day of 1995, by Steven J. Phillips and Susan Z.
Phillips.
WITNESS my hand and official seal.
My commission expires:
( SEAL) ItiKATHELYN MY S ON EXPIRES / /�, • I �/ i 0-96 I T ar •ublic
STATE OF )
) ss.
COUNTY OF ) //
The - ••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: S
( SEAL) ± "' `•t KATHELYN M. HESTON 2s..z� / �� - ���
MY •• 4MISSION EXPIRES $ - ar 'u. iC
G
THE C OF ASPEN COLORADO
By: all
Hono a• Joh S. Bennett,
Mayo
ATTEST:
/1' _ AL A b / �. / ...A.
Kathryn /och, Ci Clerk 1
2
38069E 8 -779 P -132 04/20/95 03 :58P PG 2 OF 3
STATE OF COLORADO )
ss.
COUNTY OF PITRIN
Th f regoing instrument was acknowledged before me this J
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: 4/2//49
(SEA,)
AgIV .;uudt -
Notar; Public
' ! c),.\ G
380696 B -779 P -133 04/20/95 03:58P PG 3 OF 3
14503.1 3
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Sunny Vann ASPEN • PITKIN •
Sunny E. Vann
Hopkins Ave. PLANNING & ZONING DEPARTMENT
Aspen, CO, $1611 COMMUNITY DEVELOPMENT DEPARTMENT
•
March 3, 1995
RE: Phillips /Gordon Lot Split
Dear Sunny,
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.
•
•
Sin erely,
Kim Johnson
Planner
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cc: file
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•
130 SOUTH GALENA STREET • ASPEN, COLORADO 81611 • PHONE 303.920.5090 • FAX 303.920.5197
l
,
MEMORANDUM /Q
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
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.
X.nce first readi the determination has been made in
consu witF`i""legal staff that affor. -• -- ing,opti
new , within Sec• on 8 -104 A.1.c ( inance 10
1990LJuc will be ap. . • - o this lot sp
HMIs allows the 'Owner—to 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
pro r.an• __ -d on the lots. Condition number 7
• Ordinance 45 has been updated per this decision.
LOCATION: 911 E. Cooper Ave. (Lots M & N Block 117 City and
Townsite of Aspen, and Lots M, N, 0 and P, Block 35, East Aspen
Addition) The parcel is approximately 12,000 square feet.
ZONING: R /MF (Residential Multi- Family)
APPLICANT'S - • - ' equest is for a y.!% =" • sio -.aeon
to split th=k 12,000 square) of parcel into "- 0 6,000 square f••t
parcels. Th - _-- • < F zone will allow •• _--- -••'
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 o determine
,
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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.
STAPP 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.
2
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.1.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.1.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, 0 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
.,
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
2
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.1.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 8. Koch, City Clerk
4
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-.pity Council Exhibit a
Approved , 19
By Ordinance
MEMORANDUM
To: Kim Johnson, Planning Office
From: Chuck Roth, Engineering Department C
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. Acrrss - 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. Imnro ement 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
Mw10
MEMORANDUM
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 tees 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.
• y
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 '1 S , 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, 0 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
"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 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
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
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
le, Series of 1994 for the lot split subdivision exemption at 918
E. Cooper Avenue, Aspen Colorado."
"I move to approve on first reading Ordinance ¥S, Series of 1994."
Ordinancet./,S", 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, 0 & 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.
s /John Bennett, Mayor
Aspen City Council
Published in the Aspen Times on October 7, 1994
City of Aspen Account
If
k
1St The Aspen Times • Saturday-Sunday, September 1718, 1994
,,----X-
Public Notice
area, parldng strip or apron provided that the apply a. an open space plan indicating the areas count- E](PENDMIRF_S OF 511,500 FROM THE CfY SHOT' and the zohedslridt.
ORDINANCE 51 cad demonstrates that adequate landscaping will ed per the "Open Space' definition in Section 24-3- FUND TO THE GENERAL. FUND; APPROPRIATING 1. language stating that the setback nooconfonni
(SEWESOF 1994) be Installed to reduce the parldng's visual Impact. 101. WATER P14) EXPENSES OW $126,5110' AIY'ROPRIAT- ties created 2 by the new lot Ilene shall be eliminated
AN ORDINANCE OF THE ASPEN CITY COUNCIL Developments consisting of three or more dwelling b. height Information in accordance with Section ING F]ECIWC FEIN) EXPENSES OF $3O000; APPR()- during redevelopment on the two hots to conform
GRANTING A SIX MONTH DCENSION OE THE 1993 units shall install one (1) planter butler per three 24-3-101 of the land Use Regulations. PRIATING TRANSPORTATION / PARKING FUND with Oresetback requirements of the WMF zone ds-
LODGE GMQS ALLOTMENT GRANTED BY ORDI- parking spaces. Planter buffers shall be a minimum 8. In order to be in compliance with the ream- EXPENSES OF $209,000, APPROPRIATING 1R1SCOrr trio.
NANCE 3, SERIES OF 1993 FUR 720 EAST COOPER of ten (10) leer long by two and onehal (2 -1/2) feet medations of the Water Department, the applicant RACE HOUSING FUND EXPENSES OF $10,000' APPRO. g. language stating that prior to the issuance of
AVENUE, ASPEN COLORADO. wide by two (2) text high unless otherwise varied by shaft: PRATING MAROLT RANCH HOUSING SING ENID WEFTS any building permits the proposed development or
WHEREAS, pursuant to Section 248108 of the the Commission. The location and dimensions of a. connect to the 20-inch water main In Durant ESOF$5,00Q redevelopment of the property shag meet the storm
Aspen Munidpai Code, City Council may grant an the planters may also be varied by the Commission Avenue and this shall be verified during the building WHEREAS, by virtue of Section 912 of the Home runoff requirements of Section 24- 7- 1004.0 4.t. This
extension of GMQS allocations up to ss months; based on she specific circumstances provided that inspection process. Rule Charter. the City Council may make supplemeo- would provide for only historic storm runoff to be
and no fewer than one (1) planter buffer Ls provided per b. pay Its proportionate share of the costs assocl- dal appropriations; and permitted to leave the site.
WHEREAS, on February 22, 1993, City Council three (3) off-street parking spaces. ated with the abandonment of the existing 6-inch WHEREAS, the City Manager has certified that the h. Language stating that any new surface utility
approved a GMQS allocation for the redevelopment Section 3: water One N Durant Avenue. City has unappropriated current year revenues avail- needs tor pedestals or other facilities shall be
of the Bell Mountain Lodge at 720 East Cooper This Ordinance shall not effect any edstng litlge- c. contact the Customer Service Department (920. able tor appropriation inMeGeneral Fund, Parks and installed on an easement provided by the applicant
Avenue and lion and shall not operate as an abatement of any 5031) to review the proposed Mans to establish the Open Space Fund, Transportation/Mall Fund. Park - and not in the public right-of-way.
WHEREAS, development allotments expire on the action or proceeding now pending under or by amount of the utility connection charges and to ing Improvement Fund. Housing / Daycare Fund, L language stating that the relocation, demolition
day alter the iblrd anniversary of the date the CMOS virtue of the ordinances repealed or amended as review detailed plans to provide water service. Water Fund. City Shop Fund, Water Fund, Electric or partial demolition of any of the historic inventory
Vocations, or other development approvals, have herein provided, and the same shall be conducted Including water metering oI the proposed units. Fund and the TransportatlotvParking Fund; and structures on the parcel(s) runt receive review act
arm awarded; act and concluded ruder such prior ordinances. 9. A sidewalk aub and gutter shall be Installed unappropriated prior year fund balance available In approval by the Historic Preservation Committee
WHEREAS, the applicant, Dell Mountain Limited Section 4: along E. Durant and Aspen Strrel, prior to issuance the General Fund. Parks and Open Space Fund, (HNC). Approval of the lot split by City Council does
liability Company, has requested a fourteen (14) 11 any section, subsection, sentence, clause, of any Certificates of Occupancy for the project. Transportation/Mall Fund. Parking Improvement not negate HPC's review and determination of find-
month edensbn of the GMQS allocation b order to 'Avast, or portion of this Ordinance is for any tea This sidewalk shall be a concrete surface, at least Fund, Housing / Daycare Fund. City Shop Fund, ings.
continue working with the City to develop the Inde son held Invalid or unconstitutional in a court of five feet wick, and no obstacles within this width, Water Fund. Electric Fund, Transpmtatim/Parbng 4. Prior to final plat approvals, the applicant shall
permeate Mace project without losing the ability to competent jurisdiction, such portion shall be W. The applicant shall submit a Find Plat and Fund, Truscott Place Housing Rind, and the Mardi enter into an agreement to constrict curb and gutter
utilize the 1993 allocation is the project is not real- deemed a separate, distinct and independent provl. Subdivision Agreement within 180 days of City Ranch Housing Fund; U required by the City in the future
Ned; and sion and shall not affect the validity of the remaining Council review, for review and approval by the City WHEREAS. the City Council is advised that cenao 5. The applicant shall agree to loin any future
WHEREAS, the Planning Office, having re -Lid portions thereof. Attorney. City Engineer, and Planning Office. expenditures, revenues and transfers must be improvements districts or Improvements to be con-
the application recommends approval of a six (6) Section 5: 11. The Parks Department has submitted the fel approved, eructed in the public dgldokvay.
month edesbn of the GMQS allotments approved A public hearing on this Ordnance shall be held owing conditions of approval with regards to this NOW. THEREFORE, BE IT ORDAINED BY THE CRY 6. dot owners shag consult city engineering for
in Ordnance 3, Series of 1993; and on the 11 day of October 1994 In the City Council applcation: COUNCIL OFTHIECf1Y OFASPFN ,COIARADD: design Considerations of development within public
WHEREAS, the Aspen City Council having consld- Clambers, Aspen City Hall, Aspen. Colorado, fifteen a. The IF diameter spruce tree, which is approve Section 1 rights-of-way. parks department for vegetation
ed the Planning Office's recomnwndatbn for the (15) days prior to which a hearing of public notice of matey 22' in height, that Is proposed to be relocat- Upon the City Manager's certification that these specks, and shall obtain permits or any work or
CMQS extension does wish to grant an extension for the same shag be published in a newspaper of gee- ed on site must survive for at least 2 years alter it s are current year revenues available for appropriation development, including landscaping, within public
six (6) months. eral circulation within the City of Aspen transplanted or be replaced with equal value. The In the General Fled. Parks and Open Space Rind. rightsghvay from city streets department Approval
NOW, THEREFORE. BE R ORDAINED BY THE INTRODUCED, READ AND ORDERED PUNISHED applicant must apply br and reeve a tree removal Transportation/Mall Fund, Parking Improvement of building permit plans does not constitute
CITY COUNCIL OF THE CITY OF ASPEN, COL- as provided by law, by the City Council of the City of permit prior to any dsturbanceof this tree. Fund, Housing / Daycare Fund. City Shop Fund, approval of design or work in the public rigi okvay.
ORADO: Aspen on the 12 day of September, 1994. b, The 2r diameter spruce tree, which Is approxS Water Fund, Electric Fund. Transportation/Parking 7. An accessory dwelling unit for each principal
Section 1: John Bennett, Mayor matey 65' In height. Is a significant mature tree that Fund; and unappropriated prior year fund balance dwelling unit shall be approved prior to the issuance
Pursuant to Section 244108 of the Municipal ATTEST: Kathryn tyn S. Koch, CtyClerk needs to be saved at all costs. The applicant shall available in the General Fund, Parks 4 Open Space of any building permit on each parcel, and a deed
Code, City CancI does hereby grant the applicant FINALLY, adopted. passed and approved this - redesign the building to accommodate the health Fund, Transportation/Mall Fund, Parking Improve restriction shall be recorded with the Pdldn County
a six (6) month mention of the 1993 lodge CMOS day of 1994. and safety of the trees suMval,'prior to second ment Fund. Housing/ Daycare Fund. City Shop Fund. Clerk and Recorder. Copies of the deed restrictions
atocatbn approved by Ordinance 3, Series of 1993 John Bemett, Mayor reading. Water Fund. Electric Fund, Transportation/Parking must be forwarded to the Planning Office prior to
for 720 East Cooper Avenue beginning February 22, ATTEST: Kathryn S. Koch, City Clerk c. All landscaping shall be reviewed and approved Fund. Truscott Place Housing Fund and the Mardi Planting's approval of the building permits.
1996 and edkig August 22 1996. Published o The Aspen Times on September 16. by the Parks Department. prior to the issuance of Ranch Housing Fund. the City Council hereby makes Section 3: If any section, subsection, sentence.
Section 2 1994. any building permits. supplemental appropriations as Itemized in Exhibit three, phrase or portion of this ordinance is for any
If any section. subsection. sentence, clause. 12. All material representations made by the appli- "B" attached. reason held invalid or unconstitutional by any cant
case or portion d this ordinance is for any reason ORDINANCE NO.49 cant in the application and public meetings shall be Section 2 of competent jurisdiction such
\. .. fold Invalid or unconstitutional by any court of com (SERIES OF 1994) adhered to and considered conditions of approval, ff any section, subsection, sentence, clause. phrase provision and such holding shag not affect the valid -
pelent jurisdiction, such provision and such holding AN ORDINANCE OF THE CITY OF ASPEN GRANT- unless otherwise amended by other conditions. or portion of Ins ordinance is for any reason held ty of the remaining portions thereof.
shall not affect the validity of the remaining portions ING GMQS E%FMPTION FOR THE CONSTRUCTION 13. Prior to the issuance of a building permit, the Invalid or unconstitutional by any court of comps Section 4: This Ordinance shag not effect any mist-
thereof. OF FOUR AFFORDABLE HOUSING UNITS AND FOUR applicant shall submit a landscaping plan that pro tent jurisdiction, such poribn shall be deemed a rep ing litigation and shall not operate as an abatement
Section3: FREE MARKET DWELLING UNITS UNDER THE vides visual relict of the parking spaces to be arate, distinct and Independent provision and such of any action or proceeding now pending under or
Ths Ordinance shall not effect any existing litige- MULTI- FAMILY HOUSING REPLACEMENT PRO- reviewed and approved by the Parks Department holding shall not aeect the validity of the remaining by virtue of the ordinances repealed or amended as
ton and shall not operate as an abatement of any GRAM, SUBDIVISION APPROVAL AND VESTED and Planning Off ice. portion thereof. t herein provided, and the same shall be conducted
action or proceeding now pending under or by RIGHTS FOR A PERIOD OF THREE YEARS FOR THE 14. All garage aprons shall be snow melted. The Section 3 and concluded under such poor ordinances.
virtue of the ordinances repealed or amended as 204 EAST DURANNT PROJECT WHICH IS LOCATED Subdivision Agreement shall indicate that snow A public hearing on the ordinance shat be held on Section 5: A public (rearing on the Ordinance shall
herein provided, and the same shag be conducted WITHIN BLACK 77, LOTS R I. M, N, AND 0. CITY melted driveways are a common element of the tree- the Sh day of September. 1994, at 5d0 p.m. In the City be held on the day of 0 1994 at 5:00 P.M. in the City
and concluded under such prior ordinances. AND TOWNSTIE OF ASPEN market uses for the purposes of utility payments Council Chamber, Aspen City Hall, Aspen Colorado. Cotndl Chambers, Aspen City Hall, Aspen Colorado,
Section4: WHEREAS, pursuant to Chapter 18-33 of the and maintenance. INTRODUCED. READ AND ORDERED published as fifteen (15) days prior to which hearing a public
A public hearing on the Ordinance shall be held Aspen Municipal Code, an applicant may recon- 15. The applicant shall redesign the entry Into the provided by law by the City Council of the City of notice of the same shall be published one in a nwa-
on the 11 day of October 1994 at 5:00 P.M. in the City atoll a multi - family housing project U the project affordable housing units so that there is a gabled Aspen, Colorado, at as regular meeting held at the paper of general csalationwithin the City of Aspen.
Council Chambers, Aspen City Hall, Aspen Col- meets the criteria oI this provision of the Aspen roof that does not shed snow onto the entryway. City of Aspen, September 12th, 1994. INTRODUCED, READ AND ORDERED PUBI.SHED
orado, fifteen (15) days prior to which hearing a Municipal Code; and This shall be completed prior to issuance oI any John Bennett, Mayor as provided by low, by the City Council of the City of
public noticed the same shall be published one in a WHEREAS, pursuant to Section 24-7- 1004(C) of the building permits. ATTEST: Kathryn Koch, City Clerk Aspen on the 12 day of September, 1994.
newspaper of general circulation within the City of Aspen Municipal Code. City Council grants final sub- Section 2: Pursuant to the concurrent text amend- FINALLY adopted. passed and approved on the John Bennett, Mayor
Aspen. division approval; and ment revising Section 24-7-404 (8) "O11-street park- day of 1994. ATTEST: Kat ryn S. Retch, City Cak
INTRODUCED. READ AND ORDERS) PUNISHED WHEREAS. pursuant to Section 244207 of the ing requirements' of the Municipal Code. should John Bennet, Mayor FINALLY, adopted, passed and approved this
as provided by law, by the City Council oldie City of Aspen Municipal Code, City Council may grant vest- Council approve the text amendment in Ordinance ATTEST: Kathryn Koch, City Clerk day of , 1994.
Aspen on the 12 day of September. 1994. ing of development rights for a site specific develop- -, the applicant shall comply with the following Published in The Aspen Times on September 16 John Bennett, Mayor
John Bennet. Mayor mend plan for a period of three years from the date condition: 1994. ATTEST': Kathryn S. Koch. City Clerk
ATTEST: Kathryn S. Koch, City Clerk of final development plan approval; and 1. Prior to the issuance of a building permit, the Published In The Aspen lines on September 16,
FINALLY, adopted. passed and approved this WHEREAS. SGA Aspen Limited Liability Company, applicant shall submit a landscaping plan that pro- ORDINANCE N0.45 1994.
day d ,1994. c/o Doug Allen, (lApplicant ", as represented by vides visual relief al the parking spaces to be (SFRISOF 1994)
Jolty Bennett, Mayor Sunny Vann, sublimed an appbeatim m tte Paue r eviewed and t ip w- -.d by we Perk: t)`pz,rum,.t AN OnD:NANCE dal 111:: Ash'W Cnl' COUNCIL 'Ill ANCE1,1) . b
ATTEST: Kathryn S. Koch. City Clerk nog Office requesting connstnction of eight dwelling and Planning Office. GRANTING A SUBDIVISION EXEMPTION AND GMQS (Series of 1994)
Published in The Aspen lines on September 16. units under the resident mule - family housing Section 3: Pursuant to Section 24 -6-207 of the FXEbIPlION FOR A IOTSPIIT FOR 918 EAST COOP- AN ORDINANCE OF THE CITY COUNCIL. OF THE
1994, replacement program, subdivision, vested rights, Municipal Code. City Council does hereby grant the ER AVENUE (LOTS M AND N, BLOCK 117, CRY AND CRY OF ASPEN, COLORADO, VACATING PORTIONS
and a text amendment to allow parking on garage applicant vested rights for the 204 East Durant Sub- TOWNS[TE OF ASPEN AND LOTS M, N, 0 AND P, OF GALENA STREET ADJOINING THE CUL-DE-SAC
ORDINANCE NO. 50 aprons in mulWamily projects; and division site specific development plan as follows: BLOCK 35, EAST ASPEN ADDn1ON) ASI'FN. COL AT ITS NORM TERMINUS CONTAINING APPROX-
AN ORDINANCE OF THE CITY CouNCL OF THE WHEREAS, the 204 East Durant project is located 1. The rights granted by One site specific develop ORADO MATEI.Y 2,537 SQUARE FEE a ALL WffhIN THE CITY
cnY OF ASPEN COLORADO AMENDING CHAPIFR within the LAIR zone district and meets the dimes ment plan approved by this Ordinance shall remain WHEREAS, pursuant to Sections 24-7 -1013 and 24 OF ASPEN, 11110N COUNTY. COL.ORAIDO.
24 OF THE MUNICIPAL CODE, LAND WE REGUTA- short requirements of this zone district; and vested for three (3) years Irom the date of final 8-104 C., of the Municipal Code. a kit split is a subdiv- WHEREAS. the City of Aspen desires to vacate a
TIONS, TO PROVIDE A PLANNING AND ZONING WHEREAS, the Manning and Zoning Commission adoption specified below. However. any failure to Sion exemption and GMQS exemption reviewed by portion of Galena Sheet adjacent to its north term-
COMMISSION SPECIAL REVIEW TO PERMIT PARK- considered the applicant's request at a public hear- abide by the terms and conditions attendant to this City Council; and nus culdesac as the parcels proposed to be vacated
INC ON GARAGEAPRONS IN MULTIFAMILY PRO- ing on July 5th and August 2, 1994, at which time approval shall result in forfeiture of said vested WHEREAS, the applicants. Susan Phillips and Lett are currently accapied by the City of Aspen Parking
JECTS SURIFIT TO NEW REVIEW CRDERIA ESTAB- they recommended approval to City Council tor the property rights. Failure to timely and property cia Gordon have requested to split their approxi- Garage Plazaard
ISFED IN SECTION 24-S302(A) AND SECTION 247- replacement housing project and the tee amend- record all plats and agreements as specified herein mate 12,000 square fort pared to create a second WHEREAS. the right-of-ways or portions thereof to
414(8) meat. The Commission also granted Special Review or In the Municipal Code shall also result in the for - residential parcel; and be vacated we located entirely within the corporate
WHEREAS. Section 247 -1103 of the Municipal approval for parking for the affordable dwelling feature of said vested rights. WHEREAS, the Planning Department, Engineering limits d the City of Aspen; and
Code provides that amendments to Chapter 24 of units. The Commission also granted Special Review 2. The approval grand hereby shall be subject to Department and Parks Department have reviewed WHEREAS, the proposed vacation has been
the Code, to wit, gad Use Regulations," shall be approval for apron parldng based on the proposed all rights of releren dum and judicial review. the application and recommend approval of the pot reviewed by the City Engineer and a determination
reviewed and recommended for approval by the text amendment, should City Council approve the 3. Nothing In the approvals provided by this Ord- split wpth conditions; and made that the proposed vacation complies in all
Planning Director and then by the Planning and Zoo- proposed text amendment. The Commission's con- nance shall exempt the site specific development WHEREAS, the Aspen City Council has reviewed respects with the City's Public Righted-way Vacation
Ing Commission at a public hearing. and then ditions are detailed in Resolution 94; and WHERE- plan from subsequent reviews and /or approvals and considered the subdivision exemption and Policies and the land to be vacated is eligible for
approve, approved with conditions. or disap- AS, t he Commission voted 7 -0 to recommend required by this Ordinance 0 the general rules. reg- GMQS exemption under the applicable provisions of vacation pursuant to sail policies; and
proved by the City Council at public hearing and approval to City Council for the replacement hoes- ulatons or ordinances of the City provided that the Municipal Code as dental led herein. has WHEREAS. the proposed vacation will not leave
WHEREAS, the Planning Director did receive from ing project and subdivision, and voted 80 to redid such reviews or approvals are not inconsistent with reviewed and considered those recommendations any land adjoining the sane without a means of
SGA Aspen limited Liability Company an applica- mend approval for the text amendment. the approval graved and vested herein. made by the Planning Department and has taken and access over an established public righter -way con-
firm Inc an amendment to the land use regulations. NOW, THEREFORE, BE R ORDAINED BY THE 4. The establishment herein of a vested property considered public comment at public hearing; and noting such lands to an established public street;
and reviewed and recommended for approval, cer- CITY COUNCIL OF THE CITY OF ASPEN, COL- right shall not preclude the application of ordi- WHEREAS, the City Council finds that the lot split, and
isin lad amendments to Chapter 24 relating to Sec- ORADO: nances or regulations which are general in nature with conditions, meets or exceeds all applicable WHEREAS. the City Council has determined that
T 5-302 Characteristics of off-street parking Section I: Pursuant to Section 24-74004(C) of the and are applicable to all properties subject to land development standards; and the public use. convenience and necessity will no
i x . ,aces and Section 7 -404(B) Oft- street parking Municipal Code, City Council does hereby grant the use regulation by the City of Aspen, including but WHEREAS. the City Council hinds that tWs Ordi- longer require the hereinafter descried public right-
requirements; and applicant Subdhvsion approval subject to the follow- not limited to, building. lire, plumbing, electrical and nonce hullers and is necessary for public health, always or portions heeol.
WHEREAS, the Planning and Zoning Commission ing conditions: mechanical codes. In this regard as a condition of safety, and welfare. NOW,THFRFFORE, BE TT ORDAINED BY TECFIY
reviewed the proposed text amendment, In conjunc- I. Tie replacement affordable housing units shall this ste development approval, the developer shall NOW, TE - RF}DRK BE f1' ORDAINED BY THE CITY COUNCI.OFDIE CRY OF ASPEN, COLORADO:
than with the applicants development application. be Idly deed restricted as follows: abide by any and all such building, lire, plumbing, COUNCIL OF 'ME CDY OF ASPEN. COLORADO as Section I.
on July 5, 1994, and August 2, 1994, at which time Unit 1 Category #2 (2 bdrm, 850 net livable sq. t) electrical and mechanical codes, unless an exemp follows: That the portions oI Galena Street right-of-way.
the Planing and Zoning Commission recommend- Unit 2 Category 111 (I bdrm, 600 net livable aq. t.) lion therefrom s granted in writing Section 1: Pursuant to Sections 247 -1003 and 248- City of Aspen, Rtdn County, Colorado, described in
d approval to City Council by 80, and Unit 3 Category N2 (I bdtm, 600 net livable sq. ft) Section 4: The City Clerk shall cause notice d this 101 C. of the Municipal Code and subject to those the legal description and depicted in the sketch
WHEREAS, the City Council fInds that the text Unit 4 Category #2 (1 bdnn, 600 net livable sq. k) Ordinance to be published in a newspaper of gene- conditions of approval as specified hereinafter, the appended hereto as Parcels 1 ael 2 and made a part
amendment will allow and promote compatibility of 2. The applicant will need to obtain approval from al circulation within the City of Aspen no later than City Council finds as follows in regard to the wbdhv- hereof as Exhibit "A ", shall be and the same hereby
zone district and land uses with edstog land uses the Housing Office as to the quality of Ihxtures, finish, fourteen (14) days following final adoption hereof. sion exemption and GMQS exemption: Is vacated.
and neighborhood characteristics and will be con- and amenities of the affordable housing units, prior Such notice shall be given In the following burn: 1. The applicant's submission is complete and al- Seypon 2
sstenl with the public welfare and purposes and to the Issuance of any building permits for the pro- Notice is hereby given to the general public of the fclenl to afford review and evaluation for approved. That the City Clerk be and hereby Is directed, upon
Intent of Chapter 24 of the Municipal Code. let. approval oI a site specific development plan, and 2. The subdivision exemption is consistent with
the adoption of this ordirance, to record a copy of
NOW THEREFORE BE IT ORDAINED BY THE CITY 3. City Council must approve the applicant's the creation of a vested property right pursuant to the purposes of subdivision which is to assist in the
this odinance in the Office of the 'Atkin County Clerk
COUNCIL OFTHE CITY OF ASPEN, COLORADO: method d housing mitigation. Issues regarding sale, The 24, Article 68, Colorado Revised Statutes, per- orderly and efficient development of the city and and FeorMr
Section 1: ownership, and subdivision of the affordable house laming to the following described property safeguard the interests of the public and the subdi- Settkxn 3
Section 5-302 `Characteristics of ofistrcel parting Mg replacement units must per submitted for review The property shall be described in the notice and veer and provide consumer protection for the Ixu- Tla to City Engineer be and hereby is directed,
spaces and access to street or alley" of Chapter 24 and approval by City Council, prior to second read- appended to said notice. chaser. upon the adoption d this ordinance, to make all cor-
d the Municipal Code of the City of Aspen, Cop- ing Section 5: A public hearing on the Ordinance shall Section 2: Pursuant to the findings set forth in Sur redieu necessary tOO to tae Official Map of the City of
orado, Is hereby amended by the addition of laze 4. Prior to issuance of any building permits, the be held on the 1I day of Oct., 1994 at 5:01 P.M. in the lion 1 above, the City Council does hereby grant a A
gunge in paragraph A, to read as hollows: applicant shall record the deed restrictions for the City Council Chambers, Aspen City Hall, Aspen, Co- subdivision exemption and GMQS exemption for 918 P
A. General. Each offstreet parking space shall con affordable housing units and forward a copy to the orado. Fifteen (15) days prior to the hearing a public East Cooper Avenue with the folbwingconditons: Secon 4'
sist oI an open area measuring eight and one-half Planning Office. notice of the hearing shall be published In a newspa- 1. AO material representations made by the apps That U any section, subsection, sentence cause,
feet (84/2) wide by eighteen feet (183 long and 5. As recommended by the Aspen Fire Protection per of general circulation within the City of Aspen. cans in the application and during public meetings Phrase or Portion of this on: Manse is ter ay reason
• seven ice (7) Ngh with a maximum slope d twelve District, the applicant shall have a residential sorb- INTRODUCED, READ AND ORDERED PUNISHED with the Council shall be adhered to and considered held Invalid . . ou oUlbns in a cast a carpe
installed the proposed as provided by paw, by the City Council of the City of conditions of approval, unless otherwhse amended teal jhusducteq such g shallbetkanda
' 3) percent in any one direction. Each parking kler and alarm system install 11 not
cer axed those provided for detached redden structure, These systems shall be identified on the Aspen on the 12 day d Sept.. 1994. by other conditions. met any oln r eam ng pisioo s t e
eras nd
r aunt thexakmrys a
of the reauinnnBPoridonstdrd.
*" uat dwellings and duplex dwellings, shall have an building plans. John Bennett Mayor 2. The subdivision plat and subdivision exenpbn Section 5.
unobstructed access to a street or alley. 0ffstreet 6. As recommended by the City Engineer in his ATTEST: Kathryn 3. Koch, City Clerk agreement shall be reviewed and approved by the
That this ordinance shall and have any effect on
parking provided for multi-family dwellings which memo dated June 16. 1994 the applicant shall: FINALLY. adopted, Passed and approved this - Engineering and Planning Departments and shall) be
ermine litigation and shall not operate as an abate-
do not share a common parking area may be a provide a drainage plan which shall be day of -.1994 filed within tall days of final approval or subdivision meet of any action or proceeding now pending nude
exempted from the unobstructed access require- approved by the City Engineer, prior to Issuance of John Bennett, Mayor approval is void. or by virtue rite ordinances amended as herein pro
rnhenl abler to Special Review pursuant to Art. 7. a building Permit. ATTEST: Kathryn 5. Koch, Ciry Clerk 3. The final plat shall meet the requirements oI Sere vhded and the same shall be construed d ad cotroG
Div.4. No driveway shag exceed a madmum slope b. submit a parldng plan, prior to the issuance of a Published In The Aspen Times on September 16 lion 24-7105101 the Municipal Code and shall include d under such prior ordmace
of twelve (12) percent within twenty test of aproper- building penult, which illustrates the size and loco 1994. but not he limited to the blowing A public healing on the ordinance shall be held on
y the bordering a public oprivate right-DI-way. 011 limn of all parldng spares and planters. aTle surveyor's certificate ova note On the draw the 26 day of September, 1994, in the City Council
street parking must be paved with all-weather sur- c. submit a site plan which shows a trash and ORDINANCE Nil. 44 erg must state that all easements of record as indite- Chambers Aspen City Hall, Aspen, Colorado.
lacing or be covered with gravel and maintained Inc recycle area, utility meters, and other equipment (Series of 1994) don Title Policy No. ,dated have been IMRODUCFD, READ AND ORDERED PUBLISHED as
usable condition at all times. prior to the issuance d a building permit. AN ORDINANCE RECOGNIZING GENERAL FUND shown, provided by law by the City Council of the City of
Section 2: d. consult the City Engineering Department (920 REVENUE OF f119,O0V, APPROPRIATING GENERAL b. Two comers of the existing parcel are not led-
Aspen on the 12 day d Septe ber,1994.
Section 7-404 (B) 'OfIstreet parking require- 5080) for design considerations, City Parks Depart- FUND EXPENDITURES OF 1134,627; AFI'ROPlUATPl4 cated as being monumented. unnented. The corners need to be JoIm S. Bennett, Mayo
ments" of Chapter 24 of the Municipal Code of the mend (9206120) for vegetation alterations Including PARKS & OPEN SPACE FUND EXPENDITURES OF mmmunentd pnk• to final plat approval. The inteF ATTEST: Kathryn S. K odt Clerk
Ck
City d Aspen, Colorado, s hereby amended by the tree removal, and shall obtain permits from the City 55,131; APPROPRIATNC TRANSPORTATION/MALL or monuments are required m be set within one year FWAILY adopted passed an approval tss day
inclusion of a new paragraph, which shall read as Streets Department (920-5130) for any work or FUND EXPENDITURES OF $10,000 APPROPRIATING of to sabot either lot. of 1994
follows: development within public rights-of-way, prior to PARKING IMPROVEMENT FUND 'ENDI111RFS OF c. The surveyor's certificate or a note on the pal John S. Bennett, Mayor
3. 011-street parking provided for multi-family commencing any of this work 19. 773; APPROPRIATTLG HOUSING/DAYCARE FUND needs to state that the survey closes to 1 :10000. AT - gFST: Kathryn S. Koch, City Clerk
dwelling units which do not share a comn'•on park- 7. The Zoning Enforcement Officer identified the F7(PENDERREES OF 53,430,00 REDUCING PREVIOUS d. Adjacent, subdivided lots are required to be Published in The Aspen Times on September 16,
ing area 18 not required to have unobstructed following items that shall be submitted prior to LY APPROVED CITY SHOP FUND D(PFNIZtlt tS OF labeled on the plat. 1994
access to a street or alley, but may consul) of garage issuanceof a building permit: 111,500; TRANSFERRING PREVIOUSLY APPROVED e. Area of the property to the nearest 0.001 acre
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,
VANb "ASSOCIATES
Sunny in, AICP
SV:
c: \bus\city.ItrUtr25494.kj2
230 East Hopkins Avenue • Aspen, Colorado 81611 • 303/925 -6958 • Fax 303/920 -9310
• y
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, Cit and • • . .' e of
Aspen, and Lots M, N, 0 and P, Block 35, East Aspen 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 omamental shrubs and
bushes. Man -made improvements to the property include an approximately seven
230 East Hopkins Avenue • Asoen. Colorado 81611 • 303/925 -6958 • Fax 303/920 -9310
u
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 0 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
Ms. Kim Johnson
June 24, 1994
Page 4
Rear Yard
Principal Building 10
Accessory Building 5
Side Yards' 5
9. Proposed Building Setbacks (Feet)
Front Yard 10
Rear Yard 10
Side Yards 7.5
1 For a lot containing six thousand (6,000) square feet, both side yards must
total a minimum of fifteen (15) feet.
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
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, 0 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-
i tInwe
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
f
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.
e
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.
t7 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.
d� • A
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.
l R
Ms. Kim Johnson
June 24, 1994
Page 10
Should you have any questions, or require additional information, please do not
hesitate to call.
Yours ly,
V. ASSOCIATES
° Sunny Inn, AICP
SV:
Attachments
cc: Susan Phillips
c:\bus\city.app\app25494.1ot
'\✓ CITY OF ASPEN ‘ ,'
PRE- APPLICATION CONFERENCE SUMMARY EXHIBIT 1
PROJECT: AiIIIpsdifdn, tiff :Pict
APPLICANT'S REPRESENTATIVE: .Jt%t4- v, Q...�,
REPRESENTATIVE'S PHONE: "� / ZS X09 S g
OWNER'S NAME:
SUMMARY /'
1. Type of Application: ( C / `� G
2. . Describe action /type of development being requested:
3. Areas is which Applicant has been requested to respond,
types of reports requested:
Policy Area/
ff Referral Aaent Comments
i4Oicv
4. Review is: (P &Z Only) (CC Only) (P &Z then to CC)
5. Public Hearing: (YES) (NO)
6. Number of copies of the application to be submitted:
7. What fee was applicant requested to submit: n ro + %%0 7.,407z-/
8. Anticipated date of submission: �p
9 . JOMMENTS /UNIQUE CONCERNS: � -21 to N �'" -' " •
G° " 2 '.i r� AA./ ...i' ... -.s-• .• d k �.
��" • frm.pre app
Rotated at e'ckxk — M..
Reception No. Rotor.. •
' EXHIBIT 2
WARRANTY DEED
THIS DEED, Made this / day of August
19 92 , bctWCels FRANK A. LOUSHIN,
JOHN B. LOUSHIN, JR., and WILLIAM J. LOUSHIN
of the 'counlyorPitkin and Jeffersonndsmlc
ofColorado. grantorts). and 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 lepl address is as Tenants in Common
1601 22nd Street, West Des Moines, Iowa 50 0�� 6 �s � 22 55 �
of the County of and Suteof �ofmndo. grantegs):
WITNESSETH. That the gwntarisk for and In consideration of the sum of Ten Dollars and •
1 other valuable considerations DOLLARS, ,
1 .f I the receipt and sufficiency of which is hereby acknowledged. have granted. bargained. sold and conveyed, and by these presents
-i do ;ram. bargain, sell. convey and confirm. unto the grantee.). their hein and assigns former. all the teal progeny. I I
ti together with improvements. if any. situate. lying and being in the County of P i tk in
Cr 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 Ii
I II
I
1 I
lI 918 E Cooper Street, Aspen, Colorado
also known by street and number us: p
TOGETHER with all and singular the hetedttaments and appurtenances thereunto belonging. or in any wise appertaining, and the I
1; reversion and reversions. remainder and remainders. rents. issues. and profits thereof. and all the estate. right. interest. claim and I
I demand whatsoever of the grantortsl. either in law or equity. of. in and to the above bargained premises. with the hereditament, and
'.i appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described. with the appurtenances unto the grunteetsl. thei
• heirs and assign, forcer. And the grunion st. for them sal ves theirheirs. and personal representatives.
do cmcnant. grant. bargain and agree to and with the grantcetsk the ir heirs and assigns. that at the time of the ensculing
and delivery of these presents are well seized of the premise. atone conveyed. haVe good. sure. perfect. absolute
and indefeasible (Male of inheritance. in law. in sec simple. and ha V e prod right. full power and lawful authority to grant. bargain. sell
and convey the same in manner and tort as alioesaid. and that the sane: are free and clear from all forcer and other grants. bargains.
sales. liens. taxes. assessments. encumbrances and restrictions of whatever kind or nacre soever. except
Exceptions and reservations as set forth in the Act authorizing the
issuance of the Patent for the City and Townsite of Aspen recorded
. March 1, 1897 in Book 139 at Page 216 as Reception No. 60156;
I!
■
Right of way for ditches or canals constructed by the authority of l:
the United States, as reserved in United States Patent recorded
. ;; August 29, 1958 in Book 185 at Page 69 as Reception No. 106874;
I' ,i
'I 1992 real proper taxes payable i 1993.
The gmntona) shall and will WARRANT AND FOREVER DEFEND the above.bargained premises in the quiet and peaceable '
possession of the grantees). their heirs and assigns. against all and every person or persons lawfully claiming the whole or any
II panthereok Ij
IN WITNESS WHEREOF. The grantor(s) have executed this deed on the date first written above.
raw ! / . �/
I' 4 0/JaHN B. � a HIN,f ' W
I
li • In n Denser. insert "City and." WILLIAM J. •OU HIN
L_. _ ___
No. M. Rev. 245. WARRANTY RCEO Man MwI auRNWNiWMr,a:, W. be. An.. t.4wd. CO aen — I.Ym :33410 Hl
. r
STATE OF COLORADO.
County of P/TV /A /
I 's.
I. /VIA-R .1 A- Po ITDV 5 . a Notary Public in and for
said Po TX/A, County. in the State aforesaid. do hereby cenify that i•Mxim A. LL V a /4/
MLLknnr r. Lcu ;ns.v s ANO q Lows (elm kwhu personally known to me to be the
persons whose name s AK subscribed to the foregoing Deed. appeared before me this day in person and
acknowledged that der signed. sealed and delivered the said instrument of writing as
free and voluntary act and deed Gsr the uses and purposes set forth. ,,(
Given under my hand and official seal. this N day of L dAyfi , at . 19 9
My commission expires NOV. 5, 14 93 ( �� S � /`. \ JJJ
't As A77O2,v ' /41 FACE Fv4e. Tow, B. Lou sNIN TR.
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EXHIBIT 3
June 15, 1994
Ms. Kim Johnson
Aspen/Pitldn 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
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
cAbus\city.ItrUtr25494.kj 1
EXHIBIT 4
ASPEN /PITKIN PLANNING OFFICE
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and r..9'%/ /sir%
(hereinafter APPLICANT) AGREE AS FOLLOWS: GarTya/y c ,cy/rx,a/
1. APPLICANT has submitted to CITY an application for
- a2i // /c/-/- 1A/•7 4'-/ aea/
(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.
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 $ /c7# -
which is for c ' 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 APPLICANT
•
By: Address,
Diane Moore � � Ring
City Planning Director
vv �p � - I 'S'
2
EXHIBIT 5
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, 3RD FLOOR
Vincent J. Higens ASPEN, COLORADO 81611 Christina Davis
President 303 - 925 -1766 303 - 925 -6527 FAX Vice President
INVOICE TO: ORDER NO. 94 -927
VANN & ASSOCIATES
230 E. HOPKINS AVE.
ASPEN, CO 81612
DATE: JUNE 16, 1994
LEGAL DESCRIPTION: LOTS M -P, BLOCK 35, EAST ASPEN ADDITION
REF: PHILLIPS
CHARGES
OWNER'S POLICY $ $
MORTGAGE POLICY $ $
ENDORSEMENTS $
FORECLOSURE CERTIFICATE $
ENTRIES # Q 5.00 EACH= $
TAX CERTIFICATE $10.00 EACH X = $
CLOSING FEE $
RECORDING FEES $
O & E'S $
CANCELLATION FEES $
OTHER $
ADJACENT OWNERS LIST 6.5 HOURS $ 487.50
SUB TOTAL $
PREVIOUS BALANCE + $
LESS CREDITS - $
TOTAL DUE $ 487.50
r
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 C" 2737- 182 -34 -005
1746 N. LARRABEE
CHICAGO IL 60614
FRIEDERICKE STENGER 2737 - 182 -31 -018
WALTER STENGER
117 CENTER POINT DR. STE 300
NEPEAN, ONTARIO CAN K2G 5X
GALEN AND MARYLOU MARTIN 2737- 182 -28 -028
5001 HOPEWELL ROAD
LOUISVILLE KY 40299
GARY HIRSCHFIELD 2737- 182 -37 -005
DOUG ALLEN
225 N. MILL ST. STE 210
ASPEN CO 81611
GERALD AND ROSEMARY KRANS 2737 - 182 -28 -009
FOURTH FINANCIAL MORTGAGE COMPANY
P.O. BOX 1069
WICHITA KS 67201
GERALDINE HEYMAN 2737- 182 -32 -012
1007 E. HYAMN AVE. #8
ASPEN CO 81611
GLENN EUGENE LAW 2737 - 182 -91 -001 THRU 005
P.O. BOX 2537
ASPEN CO 81611
H. CHRISTPOHER BRUMBDER 2737- 182 -37 -017
FIRSTSTAR TRUST
777 E. WISCONSIN AVE.
MILWAUKEE WI 53202
HARRIET AND HERBERT DAVIS 2737- 182 -28 -018
1050 GEORGE ST. APT 9M
NEW BRUNSWICK NJ 08901
HELDA ENTERPRISES L.P. 2737 - 182 -31 -003
3535 E. COAST HIGHWAY # 130
CORONA DEL MAR CA 92625
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
r
•
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.
COLUMBUS 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. HUBS k 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 2737- 182 -06 -033
107 SOUTH WARBLER LANE
SARASOTA FL 34236
ROSEMARY KRANS 2737- 182 -28 -010
FOURTH FINANCIAL MORTGAGE COMPANY
7831 WILLOW LAKE COURT # 217
DALLAS TX 75230
S.J. AND BARBARA GLAUSER 2737 - 182 -28 -020
GARFIELD AND HECHT
601 E. HYMAN
ASPEN CO 81611
SAVANNAH LIMITED PARTNERSHIP 2737- 182 -37 -002
HADID DEVELOPMENT
600 EAST COOPER AVE. STE 200
ASPEN CO 81611
SAVANNAH LIMITED PARTNERSHIP 2737- 182 -37 -003
JOE IMBRIANI
600 EAST COOPER AVE. STE 200
ASPEN CO 81611
SEPP H. AND JANE KESSLER 2737- 182 -34 -020 THRU 028
960 DURANT AVE.
ASPEN CO 81611
SHARON E. MEAGHER 2737 - 182 -37 -008
P.O. BOX 2187
ASPEN CO 81612
STEVEN AND KATHLEEN NEAL 2737 - 182 -34 -007
JEAN M. AND BILL R. DEEM
P.O. BOX 634
ASPEN CO 81612
SUSAN AND SCOTT ROLLES 2737- 182 -06 -006
218 KAIVLANI AVE. 2ND FLOOR
HONOLULU HI 96815
SUSAN MC GUBELMA. r
2737- 182 -37 -014
240 MT. LAUREL DR.
ASPEN CO 81611
TED KOUTSOUBOS 2737- 182 -28 -011
419 EAST HYMAN
ASPEN CO 81611
W.R. AND HELEN NEWELL 2737- 182 -32 -010
203 S. GALENA
ASPEN CO 81611
WESTON AND SUSAN ANSON 2737 - 182 -28 -005
P.O. BOX 8472
LA JOLLA CA 92038
WILLIAM J. AND EUDICE MORSE 2737 - 182 -37 -021
14851 COUNTY LINE RAOD
CHAGRIN FALLS OH 44022
ENGINEERS
SURVEYORS EXHIBIT 6
./ S
(303) 925 -6727 SCHMUESER _ P.O. Box 2155
FAX (303) 925 -4157 GORGONMEYER Aspen, CO 81612
June 24, 1994
Mr. Sunny Vann
VANN ASSOCIATES INC.
230 East Hopkins Ave.
Aspen, CO. 81611
RE: Phillips - Gordon Lot Split Engineerinq 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, 0 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;
1. 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.
_ I
tis ✓
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.
V
Jay W. Hammond, P.E.
Principal, Aspen Office
JWTh 9400401
SCHMUESER GORDON MEYER, INC.