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HomeMy WebLinkAboutcoa.lu.ex.Doremus 600 610 & 612 W Francis St.A089-002735-124-09-008 A089-00 Doremus/Silverman L. Split 612 W. Francis I UM 0 -2:7 I 4507 COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City of Aspen Land Use: 1041 Deposit 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: 1 163 City Engineer 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection 1079 Aspen Fire Other Fees: 1006 Copy 1302 GIS Maps 1303 GIS Fee 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu Performance Deposit 1268 Public Right-of-way 1164 School District Land Ded. TOTAL NAME: ADDRESS/PROJECT: PHONE: CHECK# CASE/PERMIT#: # OF COPIES: DATE: INITIAL: SUBDIVISION EXEMPTION AGREEMENT FOR THE DOREMUS/SILVERMAN LOT SPLIT THIS SUBDIVISION EXEMPTION AGREEMENT (hereinafter "Agreement") is made and entered into this 14' day of _() I C L m b I v, 2000 by and between a) JACK SILVERMAN and the DOREMUS FAMILY LIMITED PARTNERSHIP, LLLP, (hereinafter collectively "Owners") and, b) THE CITY OF ASPEN, A MUNICIPAL CORPORATION (hereinafter "City"), as of the dates provided below. WITNESSETH: WHEREAS, Owners own that certain real property (the "Property") located at 600, 610, and 612 West Francis Street and more particularly described as Lots P, Q, R, and S, Block 21, City and Townsite of Aspen, State of Colorado; and WHEREAS, on October 23, 2000, the City Council of the City of Aspen granted approval for subdivision exemption for a lot split on the Property pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code to dissolve the lot line between Lot P and Lots Q-S, and simultaneously replace it with a lot line between Lots P and Q and Lots R and S, resulting in two (2) 6,000 square foot residential lots; and WHEREAS, the approval of the lot split was conditioned upon Owners complying with certain requirements outlined in Ordinance No. 49, Series of 2000, including entering into a Subdivision Exemption Agreement for the Property; and WHEREAS, Owners have submitted to the City for approval, execution and recordation a plat for the Property (the "Plat") and the City agrees to approve, execute and record the Plat (Owners pay all applicable recordation fees) on the agreement of the Owners to the matters described herein; and WHEREAS, the City has imposed conditions and requirements in connection with its approval, execution, and acceptance of the Plat, which matters are necessary to protect, promote and enhance the public health, safety and welfare, and the Owners are prepared to enter into a Subdivision Exemption Agreement incorporating such conditions and requirements. NOW, THEREFORE, in consideration of the mutual covenants contained herein and the approval, execution, and acceptance of the Plat for recordation by the City, it is agreed as follows: 1. Acceptance of Plat. Upon execution of this Agreement by all parties hereto, and upon approval of the final plat by the Engineering Department and the Community Development Director, the City agrees to approve and execute the final plat 111111111111111111111111111111111111111111111 IN 450164 01/02/2001 03:01P SUB EXEM DAVIS SI LVI 1 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO for subdivision exemption for the lot split submitted herewith, which conforms to the requirements of Chapter 26.480 of the Code. 2. Lot O Demolition. Owners agree to demolish the existing house on Lot Q within 180 days of recordation of the Plat. All demolition of the existing structure will occur from the alley side of the lot. Mud will not be tracked onto City streets during demolition. 3. Encroachments Into Public Rights-Of-Way. Since there are, at present, parking and fencing encroachments into the public rights -of -way on West Francis Street, Fifth Street, and the alley for Block 21, prior to the recording of the final plat, the Owners agree to either 1) remove the encroachments, or 2) obtain one or more Temporary Revocable Encroachment Licenses from the City Engineering Department to allow the encroachments to continue to exist. 4. Parking in the West Francis Street Right -Of -Way. Owners will remove the "No Parking" sign presently located on the West Francis Street side of the Property. Further, all use of the head -in parking area in the West Francis Street right-of- way shall cease in order to alleviate potential damage to the existing trees. Owners will replace the gravel parking area with natural landscaping, as required by the City of Aspen Parks Department. 5. Tree Removal. To the extent required and in accordance with the tree removal permit process, the Owners shall obtain approval from the City of Aspen Parks Department for the removal of any tree(s). 6. Subdivision. No further subdivision of the Property may occur without receipt of applicable and required approvals. Similarly, no additional dwelling units may be constructed on the Property without receipt of applicable and required approvals. 7. Development Potential. The subdivision exemption lot split results in two (2) lots of 6,000 square feet each. The maximum combined development potential shall not to exceed two (2) principal dwelling units (one on each lot), where each 6,000 square foot lot may be developed with up to 3,240 square feet of FAR floor area, as measured in accordance with the then applicable Aspen Land Use Code. The subdivision exemption lot split effectively eliminated a third development right that was, prior to the reconfiguring of the lots, associated with the Property, in general, and Lots Q-S, specifically. 8. Future Development. Any future development on or redevelopment of the lots created through the subdivision exemption lot split as shown on the Plat, shall be required to mitigate for its impacts pursuant to Chapter 26.470, Growth Management Quota System (GMQS), as may be required. HE 1111111111111111 I 111111111111111111111111111111111 01 SUB CO 2 of R125.0000D10000 NP0.00 PITKINACOUNTY L 2 of '3 9. Material Representations. All material representations made by the Owners on record, whether in public hearings or in documentation presented before City Council, shall be binding upon the Owners. 10. Enforcement. In the event the City determines that the Owners are not in substantial compliance with the terms of this Agreement of the Final Plat, the City may serve a notice of noncompliance and request that the deficiencies be corrected within a period of forty-five (45) days. In the event the Owners believe that they are in compliance or that the noncompliance is insubstantial, the Owners may request a hearing before the City Council to determine whether the alleged noncompliance exists or where any amendment, variance, or extension of time to comply should be granted. On request, the City shall conduct a hearing according to its standard procedures and take such action as it deems appropriate. The City shall be entitled to all remedies at equity and at law to enjoin, correct and/or receive damages for any noncompliance with this Agreement. 11. Notices. Notices to the parties shall be sent in writing by U.S. certified mail, return receipt requested, postage prepaid, Such notices shall be deemed received, if not sooner received, three (3) days after the date of the mailing of the same. To the Owner: Jack Silverman 612 West Francis Street Aspen, CO 81611 To the Owner: The Doremus Family Limited Partnership, LLLP c/o Jeanne Doremus 85 Glen Garry Drive Aspen, CO 81611 To the City: City Attorney City of Aspen 130 South Galena Street Aspen, CO 81611 12. Binding Effect. The provisions of this Agreement shall run with and constitute a burden on the land and shall be binding upon and inure to the benefit of the Owners, their successors and assigns, and to the City and its successors and assigns. 13. Amendment. This Agreement may be altered or amended only by written instrument executed by all parties hereto, with the same formality as this Agreement was executed. 14. Severability. If any provision of this Agreement is determined to be invalid, such invalidity shall not affect the remaining provisions hereof. 111111111111111111111111111111111111111111111111111 IN 450164 01/02/2001 03:01P SUB EXEM DAVIS SILVI 3 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO • • IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Exemption Agreement the day and year first written above. OWNERS: JACK SIL '� � `Z �YL2P-✓LL Silverman r � DQP&-MUS FAMILY LIMITED PARTNERSHIP, LLLP: By: Doremus Management, Ltd., General Partner r BY an Doremus, President APPROVED: John"Wor, ester, City Attorney THE CITY OF ASPEN, COLORADO ATTEST: a municipal corporation By: (• By: S� Rac4 Richards, Mayor Kathryn Ko6f, City Clerk STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing was sworn and subscribed to before me thiso�7 day of 2000, by Jack Silverman. y hand and official s al. oZ�� ssion expires �a44a ? Notary Public [Additional Notary Blocks on Following Page] I 11111111111111111111111111111111111111111111111111111111111111 IN 450164 01/02/2002 03:01P SUB EXEM DAVIS SILVI 4 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO 0 STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing was sworn and subscribed to before me this day of b) 1 � J L , 2000, by Jeanne Doremus, President of Doremus Management, Ltd., General Partner of the Doremus Family Limited Partnership, LLLP. Witness my hand and official seal. My commission expires 12(o IOz Notary Pull c 03 STATE OF COLORADO ss. - •' �� y.�0 t� . J COUNTY OF PITKIN 4 N% %, nl�f � js The foregoing was sworn and subscribed to before me this day of -" U/"�/ „, by Rachel Richards and Kathryn Koch, as Mayor and City Clerk, respectively, oithe City of Aspen, a Municipal Corporation. Witness my hand and official seal. My commission expires 1 2 - C j - 2—f-Q / N 'Publ' �O�ARr o� R'0 s� o ••'oo 'cCOLORP c:My DocumentsTity ApplicationslSub Exemption Agrmt 1111111111111111111111111111111111111111111111111111111111 IN 450164 01/02/2001 03:01P SUB EXEM DAVIS SILVI 5 of 5 R 25.00 D 0.00 N 0.00 PITKIN COUNTY CO • 11 PLEASE RETURN TO CITY CLERK 130 S. GALENA ASPEN, CO 81611 0 0 CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY A089-00 2735-124-09008 Doremus/Silverman Lot Split 600, 610, and 612 W. Francis Fred Jarman Lot Split Jack Silverman Mitch Haas 10/23/00 Ord. #49-2000 Approved 1 /3/01 J. Lindt PARCEL ID: 2735-124-09008 DATE RC 7/21100 A089-00 CASE NAME: Doremus/Silverman Lot Split PROD ADDR: 600, 610. and 612 W. Francis Lot Split OWN/APP: Jack 9 ermanDR 612 W. Fancis C/S/Z: Aspen/CO/81611 PHN: REP: Mitch Haas DR: 201 N. Mill St., ste 108 C/S/Z: Aspen/C0/81611 PHN: 925-7819 FEES DUE: 1155 D 170 E FEES RCVD: 1325 j STAT: 1 RFFFRRAI C� • • DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Jack Silverman, 612 W. Francis, Aspen, CO 81611 Property Owner's Name, Mailing Address and telephone number Lots P & Q, Block 21, City and Townsite Legal Description and Street Address of Subject Property Lot Split Approval Written Description of the Site Specific Plan and/or Attachment Describing Plan Ordinance #49-2000, 10/23/00 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) November 4, 2000 Effective Date of Development Order (Same as date of publication of notice of approval.) November 5, 2003 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 4 h day of November, 2000, by the City of Aspen Community D�lopment Director. - ,r , 1 cl Woods, Commul ity Development Director PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Lots P & Q, Block 21, City and Townsite of Aspen, by ordinance of the City Council numbered 49, series of 2000. For further information contact Julie Ann Woods, at the Aspen/Pitkin Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 920-5090. s/City of Aspen Account Publish in The Aspen Times on November 4, 2000 • • MEMORANDUM TO: Mayor and City Council THRU: Steve Barwick, City Manager Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: Fred Jarman, Planner RE: Silverman / Doremus Lot Split — Second Reading DATE: October 23, 2000 single-family residence on Lot P and existing gravel parking in the right-of-way. APPLICANT: Jack Silverman and The Doremus Family Limited Partnership, LLLP REPRESENTATIVE: Mitch Haas LOCATION: Lots P, Q, R, and S, Block 21, City and Townsite of Aspen ZONING: R-6 (Medium Density Residential) family residence on Lots R and S. LOT SIZE: Lot P is 3,000 sq. ft. and Lots Q, R. and S are 9,000 sq. ft. CURRENT LAND USE: Lot P contains a single-family residence. Lots Q, R, and S contain two single-family residences. SUMMARY: The applicants wish to absolve certain lot lines and reestablish new lines via a Subdivision Exemption Lot Split creating two 6,000 sq. ft. Lots. • REVIEW PROCEDURE: 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 co -applicants' property into two (2) separate single-family lots is subject to the City's review and approval. Lot splits are exempt from the full subdivision review pursuant to Section 26.480.030(A)(2) of the Regulations (See below). [26.480.030 Subdivision Exemption Lot Split - The split of a lot for the purpose of the development of one detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977 pursuant to Section 26.480.030(A)(2). The existing original lot does not need to be developed in order to be eligible for this exemption. Once split, the development or redevelopment, as applicable, of the resulting lots shall be subject to the provisions of Section 26.470.070(B). This exemption is deducted from the respective annual development allotment established pursuant to Section 26.470.040 or from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Review is by City Council.] STAFF COMMENTS: The applicants, Jack Silverman and the Doremus Family Limited Partnership, LLLP, represented by Mitch Haas, request a subdivision exemption lot split for Lots P, Q, R, and S, Block 21, City and Townsite of Aspen, Pitkin County, Colorado. Jack Silverman, owner of Lot P (3000 sq. ft.), wishes to purchase adjacent Lot Q (3,000 sq. ft.) from the neighboring property. The neighbor, Doremus Family Limited Partnership, LLLP, owns adjacent Lots Q, R, and S totaling 9,000 sq. ft. In order to do this, Staff considered several options. A Lot Line Adjustment approach was discussed but determined to be inappropriate as this application is not 1) a "correction" to an engineering or surveying plat, 2) an insubstantial boundary change, and 3) is not primarily used for the conveyance of large parcels of land. The resulting and most appropriate method to achieve this end was a subdivision lot split. This lot split effectively eliminates the existing boundaries between Lot P and Lots Q- S while simultaneously splitting the undivided land into two equal size parcels of 6,000 square feet each. The result will be the co -applicants each owning a 6,000 square foot lot: Lots P and Q for Mr. Silverman, and Lots R and S for the Doremus Family Limited Partnership, LLLP. The R-6 zone district requires a maximum of one dwelling unit or duplex per 6,000 square foot lot. Lot P contains an existing dwelling unit, as does Lot Q. Combining these properties would result in two dwelling units on a 6,000 square foot lot. Because the existing home on Lot Q would render the resulting Lot P and Q non -conforming with regard to allowable density on a 6,000 square foot R-6 lot, the co -applicants have agreed to demolish the existing house on Lot Q within 180 days of approval by City Council. Additionally, the City of Aspen Historic Preservation Officer, Amy Guthrie, visited the site and determined that the residence on Lot Q is of no historical significance; she is not opposed to its demolition. (Photos of this residence are attached in Exhibit C.) At first reading of Ordinance #49 on October 10t', Council questioned the potential historical value / background of the existing residence located at the rear of Lot Q. which is proposed to be demolished. Further, Council directed Staff to further investigate the significance, if any, of this structure. It was determined that the house has the following history according to building files and Sandbom Maps: ➢ Kenny Moore was the first owner; ➢ The 1893 Sandborn Map shows this lot contains a different house on the front of the lot and has a different footprint indicating that the house was not simply moved to the rear of the lot. Additionally, the lot contained three little outbuildings at the rear of the lot; ➢ In 1968, the one bedroom house was remodeled; ➢ In 1969, the house was repaired with maintenance consisting of replacing the wood floor with a concrete slab and reinforcing walls and roof to make the building safe; ➢ In 1972, an accessory building was remodeled into a single-family dwelling; ➢ On 9/17/1986, the house was not on the inventory and recently considered again and found to be a "non-contributing" structure; and ➢ In 1998, the house was re -roofed. Staff maintains that this house, proposed for demolition as part of this application for a subdivision exemption lot split, is a non-contributing structure as a result of its major modifications over the years as indicated above. Since there are currently two lots and the lot split will not result in any additional lots there are no implications existing with regard to the Growth Management Quota System (GMQS) provisions. Further, the applicant and owner of the existing Lots Q-S (Doremus Family Limited Partnership, LLLP) understands that one existing development right will be lost since the ability to construct two residences on the existing 9,000 square foot lot will be lost once it becomes a 6,000 square foot lot. It should be noted, that the co -applicants initially requested to formally apply for vested right status in order to preserve the land use approvals. There are no specific submission requirements, or review criteria other than a public hearing, required to confer such status. Upon a successful land use decision, vested rights status shall be established automatically with the issuance of a development order pursuant to Section 26.304.070 of the Aspen Land Use Code. RECOMMENDATION: Staff recommends approval of the Silverman / Doremus Subdivision Exemption Lot Split with the following conditions: • 1. That the co -applicants agree to demolish the existing house on Lot Q within 180 days of approval by City Council after recordation of the plat; 2. That the applicants remove the "No Parking" sign located on West Francis Street side of the subject properties; 3. At present, there are parking and fencing encroachments into the public rights -of - way on West Francis Street, 5th Street, and the Alley for Block 21. The applicant must either 1) remove the encroachments or 2) obtain a Temporary Revocable Encroachment License from the City Engineering Department allowing these encroachments to exist prior to the recording of the final plat; 4. That all demolition of the existing building needs to occur from the alley side of the lot. In addition, the applicant shall not track mud onto City streets during demolition; 5. If, in the future, the applicants wish to remove trees located along the property line, approval from the City Parks Department based upon the tree removal permit process is required; 6. That the neighboring owners both must end the use of the parking area on West Francis Street. This is to alleviate the potential damage to the existing street trees. The applicants shall replace the gravel area with natural landscaping as required by the Parks Department; 7. That the applicant shall submit and record a subdivision plat which meets the terms of chapter 26.480, and conforms to the requirements of the Land Use Code, in the office of the Pitkin County Clerk and Recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals; 8. That the applicant shall record the subdivision exemption agreement in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the agreement within one hundred eighty (180) days following approval by City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause; and 9. That the applicant agrees that this subdivision exemption lot split resulting in two 6,000 square foot lots contains a maximum potential build out not to exceed two (2) principal dwelling units. This lot split effectively eliminates a development right for Lots Q, R, and S. 10. Any future development on the newly created lots shall be required to mitigate for their impact pursuant to Chapter 26.470 Growth Management Quota System (GMQS) as required; • • RECOMMENDED MOTION: "I move to approve Ordinance No. 49, Series 2000 of the City of Aspen City Council approving an application by Jack Silverman and the Doremus Family Limited Partnership, LLLP for a Subdivision Exempt Lot Split for Lots P, Q, R, and S, Block 21, City and Townsite of Aspen, Pitkin County, Colorado." ATTACHMENTS: EXHIBIT A -- REVIEW CRITERIA & STAFF FINDINGS EXHIBIT B -- SITE LOCATION MAP EXHIBIT C --SITE PHOTOS EXHIBIT D -- ORDINANCE # 49, SERIES 2000 EXHIBIT A SUBDIVISION EXEMPTION LOT SPLIT SECTION 26.480.030(A)(2) Under the provisions of the Municipal Code, 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 co -applicants' property into two (2) separate single-family lots is subject to the City's review and approval. Lot splits are exempt from the full subdivision review pursuant to Section 26.480.030(A)(2) of the Regulations. The specific review criteria for a "lot split" exemption and Staff s responses with regard to the proposal's compliance are included below. 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. Staff Finding Staff finds that the two properties consist of Lots P, Q, R, and S of Block 21 in the original Aspen Townsite. These properties are not located within a previously approved subdivision, and the lots predate the City's adoption of subdivision regulations. Staff finds that this criterion is met. b. No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.100.050(A)(2)(c) [this citation is incorrect and should actually refer to Section 26.470.070(B)J. Staff Finding This proposal is intended to vacate and reestablish adjoining boundary lines between two existing lots. The two resulting lots will contain 6,000 square feet each and conform with the dimensional requirements of the underlying R-6 zone district. The minimum lot size in the R-6 zone district is 6,000 square feet. Staff finds that because the applicant will demolish the existing one-story single-family dwelling on Lot Q, the Lot P and Q merger will not result in a non -conforming lot with respect to allowable density on a 6,000 square foot R-6 lot. Additionally, the demolition of the Lot Q residence will also eliminate a structure that is non -conforming regarding its current encroachments into the side and rear setbacks, encroachment into Lot R, and encroachment into the alley right-of-way. Currently, there are two lots and the lot split will not result in any additional lots; as a result, the proposal does not involve any GMQS implications. In the future, should the house on Lots P and Q or the house on Lots R and S be demolished for replacement, the construction of such a replacement will be subject to the terms and provisions of Section 26.470.070(B). Said provisions require either construction of an ADU, payment of an affordable housing impact fee, or placement of a resident occupancy deed restriction on the replacement home. Staff finds this criterion to be met. c. The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this chapter or a "lot split' exemption pursuant to Section 26.470.040(C)(1)(a) [this citation is incorrect and should actually refer to Section 26.470.070(1)1. Staff Finding These lots in question (Lots P, Q, R, and S of Block 21, City and Townsite of Aspen) have not been the subject of any prior subdivision exemption applications or approvals, and they have never received a prior "lot split' GMQS exemption. Prior to the existing two story single-family residence on Lot P, a single -story panabode, owned by Jack Silverman, was moved from Lot P to Eagle County in April of 1996. Prior to this, Mrs. Eugene Wright Armstrong, then owner of Lot P, received a building permit in 1961 to construct the pan abode (Type V Frame) on Lot P. A further check of Stewart Title of Aspen, Inc. records indicate that the property was in separate ownership prior to June, 1956 and vested in Mrs. Eugene Wright Armstrong. Records indicate the property and house were then sold to John P. Stanford. In 1984, adjacent property owners included: Lot O: Bridgit Starri 624 West Francis, Aspen, Co Lot Q: Ms. Vivian Jones P. O. Box 317, Aspen, Co It is Staff s understanding that Lot P (encompassing 3,000 sq. ft.) existed as one lot as far back as 1961 when Mrs. Eugene Wright Armstrong built a pan abode on the property and was not the subject of a subdivision exemption under the provisions of this chapter. Staff finds this criterion to be met. d. A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title, is submitted and recorded in the office of the Pitkin County Clerk and Recorder 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 Chapter and growth management allocation pursuant to Chapter 26.470. Staff Finding The co -applicants have agreed that the resulting subdivision plat will be reviewed by the Planning and Engineering Departments for approval and recordation within 180 days of final land use approval. The plat will include a prohibition against further subdivision and a requirement that additional development comply with the applicable provisions of the Land Use Code. Staff finds this criterion to be met. e. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. Staff Finding Staff finds that the co -applicants understand this requirement and shall comply with this criterion language indicating that the subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder and failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. Staff finds this criterion to be met. f. In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. Staff Finding This application represents a case where three existing single-family dwellings occupy the site and none of the dwellings have yet to be demolished. As indicated above, the existing home on Lot Q would render the resulting Lots P and Q non -conforming with regard to allowable density on a 6,000 sq. ft. R-6 lot. The co -applicants have agreed to demolish the existing house on Lot Q within 180 days of approval by City Council. As compared with the existing conditions, the demolition will result in less site coverage and more open space on the properties. The existing structure on Lots R and S and the house on Lot P will both remain in their current locations at this time. Staff finds this criterion to be met. g. Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home. Staff Finding Staff finds that the maximum buildout for the proposed lot split shall be two (2) single- family homes; neither of the resulting lot areas will be large enough to accommodate a duplex while still meeting the minimum lot area per dwelling unit requirement in the R-6 zone district. Specifically, the two lots created will each be 6,000 square feet while the R- 6 zone district maintains a minimum lot area of 9,000 square feet for a duplex. The end result for allowable aggregate density on Lots P-S will decrease by one dwelling unit (from 3 units to 2 units). The co -applicants are aware that they are losing a development right by proceeding with this lot split. Staff finds this criterion to be met. • • It r� orb EXHIBIT B SITE VICINITY MAP Proposed configuration for Lots P, Q, R, and S of Block 21. Arrow "A" points to Lots P and Q to be owned by Jack Silverman and, while arrow `B" points to Lots R, and S to be owned by The Doremus Family Limited Partnership, LLLP • • EXHIBIT C SITE PHOTOS ORDINANCE No. 49, SERIES 2000 AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION EXEMPTION LOT SPLIT FOR LOTS P, Q, R, AND S OF BLOCK 21, CITY AND TOWNSITE OF ASPEN, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID (Lot P): 2735-124-00-007 Parcel ID (Lots Q, R, and S): 2735-124-09-009 WHEREAS, the Community Development Department received an application from co -applicants, Jack Silverman and the Doremus Family Limited Partnership, LLLP, represented by Mitch Haas, for a Subdivision Exemption Lot Split for Lots P, Q, R, and S of Block 21 in the City and Townsite of Aspen, City of Aspen, Pitkin County; and WHEREAS, pursuant to Sections 26.480.040(B), the Aspen City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by ordinance approve, approve with conditions, or disapprove a development application for a Subdivision Exemption Lot Split, after recommendation by the Community Development Department, pursuant to Section 26.480.040(B)(4); and, WHEREAS, the Community Development Department reviewed the application for a Subdivision Exemption Lot Split for Lots P, Q, R, and S of Block 21 City and Townsite of Aspen, City of Aspen, Pitkin County, Colorado in the R-6 zone district and recommended approval; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Subdivision Exemption Lot Split for Lots P, Q, R, and S of Block 21 City and • Townsite of Aspen, City of Aspen, Pitkin County, Colorado, is approved with the following conditions: J1. That the co -applicants agree to demolish the existing house on Lot Q within 180 days of approval by City Council after recordation of the plat; 2. That the applicants remove the "No Parking" sign located on West Francis Street side of the subject properties; 3. At present, there are parking and fencing encroachments into the public rights -of - way on West Francis Street, 5th Street, and the Alley for Block 21. The applicant must either 1) remove the encroachments or 2) obtain a Temporary Revocable Encroachment License from the City Engineering Department allowing these encroachments to exist rior to he recording of the final plat; J 4. That all demolition of the existing building needs to occur from the alley side of the lot. In addition, the applicant shall not track mud onto City streets during demolition; J5. If, in the future, the applicants wish to remove trees located along the property line, approval from the City Parks Department based upon the tree removal permit process is required; 6. That the neighboring owners both must end the use of the parking area on West Francis Street. This is to alleviate the potential damage to the existing street trees. The applicants shall replace the gravel area with natural landscaping as required by the Parks Department; 7. That the applicant shall submit and record a subdivision plat which meets the terms of chapter 26.480, and conforms to the requirements of the Land Use Code, in the office of the Pitkin County Clerk and Recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals; 8. That the applicant shall record the subdivision exemption agreement in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the agreement within one hundred eighty (180) days following approval by City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause; and J9. That the applicant agrees that this subdivision exemption lot split resulting in two 6,000 square foot lots contains a maximum potential build out not to exceed two (2) principal dwelling units. This lot split effectively eliminates a development right for Lots Q, R, and S; and • J10. Any future development on the newly created lots shall be required to mitigate for their impact pursuant to Chapter 26.470 Growth Management Quota System (GMQS) as required. Section 2: This Ordinance shall not effect 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 3: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on this 1 Oth day of October, 2000. Attest: Kathryn S. Koch, City Clerk Rachel Richards, Mayor FINALLY, adopted, passed and approved this 23th day of October, 2000. Attest: Kathryn S. Koch, City Clerk Approved as to form: John Worcestor, City Attorney Rachel Richards, Mayor CAMy Documents\Current Cases\Lot Slpit\DoremusSilverman\SilvermanDoremusLotSplitMemo.doc SUBDIVISION EXEMPTION AGREEMENT FOR THE DOREMUS/SILVERMAN LOT SPLIT THIS SUBDIVISION EXEMPTION AGREEMENT (hereinafter "Agreement") is made and entered into this 1"-' day of ()1CL MY D% v, 2000 by and between a) JACK SILVERMAN and the DOREMUS FAMILY LIMITED PARTNERSHIP, LLLP, (hereinafter collectively "Owners") and, b) THE CITY OF ASPEN, A MUNICIPAL CORPORATION (hereinafter "City"), as of the dates provided below. WITNESSETH: WHEREAS, Owners own that certain real property (the "Property") located at 600, 610, and 612 West Francis Street and more particularly described as Lots P, Q, R, and S, Block 21, City and Townsite of Aspen, State of Colorado; and WHEREAS, on October 23, 2000, the City Council of the City of Aspen granted approval for subdivision exemption for a lot split on the Property pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code to dissolve the lot line between Lot P and Lots Q-S, and simultaneously replace it with a lot line between Lots P and Q and Lots R and S, resulting in two (2) 6,000 square foot residential lots; and WHEREAS, the approval of the lot split was conditioned upon Owners complying with certain requirements outlined in Ordinance No. 49, Series of 2000, including entering into a Subdivision Exemption Agreement for the Property, and WHEREAS, Owners have submitted to the City for approval, execution and recordation a plat for the Property (the "Plat") and the City agrees to approve, execute and record the Plat (Owners pay all applicable recordation fees) on the agreement of the Owners to the matters described herein; and WHEREAS, the City has imposed conditions and requirements in connection with its approval, execution, and acceptance of the Plat, which matters are necessary to protect, promote and enhance the public health, safety and welfare, and the Owners are prepared to enter into a Subdivision Exemption Agreement incorporating such conditions and requirements. NOW, THEREFORE, in consideration of the mutual covenants contained herein and the approval, execution, and acceptance of the Plat for recordation by the City, it is agreed as follows: 1. Acceptance of Plat. Upon execution of this Agreement by all parties hereto, and upon approval of the final plat by the Engineering Department and the Community Development Director, the City agrees to approve and execute the final plat • for subdivision exemption for the lot split submitted herewith, which conforms to the requirements of Chapter 26.480 of the Code. 2. Lot O Demolition. Owners agree to demolish the existing house on Lot Q within 180 days of recordation of the Plat. All demolition of the existing structure will occur from the alley side of the lot. Mud will not be tracked onto City streets during demolition. 3. Encroachments Into Public Rights -Of -Way. Since there are, at present, parking and fencing encroachments into the public rights -of -way on West Francis Street, Fifth Street, and the alley for Block 21, prior to the recording of the final plat, the Owners agree to either 1) remove the encroachments, or 2) obtain one or more Temporary Revocable Encroachment Licenses from the City Engineering Department to allow the encroachments to continue to exist. 4. Parking in the West Francis Street Right -Of -Way. Owners will remove the "No Parking" sign presently located on the West Francis Street side of the Property. Further, all use of the head -in parking area in the West Francis Street right-of- way shall cease in order to alleviate potential damage to the existing trees. Owners will replace the gravel parking area with natural landscaping, as required by the City of Aspen Parks Department. 5. Tree Removal. To the extent required and in accordance with the tree removal permit process, the Owners shall obtain approval from the City of Aspen Parks Department for the removal of any tree(s). 6. Subdivision. No further subdivision of the Property may occur without receipt of applicable and required approvals. Similarly, no additional dwelling units may be constructed on the Property without receipt of applicable and required approvals. 7. Development Potential. The subdivision exemption lot split results in two (2) lots of 6,000 square feet each. The maximum combined development potential shall not to exceed two (2) principal dwelling units (one on each lot), where each 6,000 square foot lot may be developed with up to 3,240 square feet of FAR floor area, as measured in accordance with the then applicable Aspen Land Use Code. The subdivision exemption lot split effectively eliminated a third development right that was, prior to the reconfiguring of the lots, associated with the Property, in general, and Lots Q-S, specifically. 8. Future Development. Any future development on or redevelopment of the lots created through the subdivision exemption lot split as shown on the Plat, shall be required to mitigate for its impacts pursuant to Chapter 26.470, Growth Management Quota System (GMQS), as may be required. 9. Material Representations. All material representations made by the Owners on record, whether in public hearings or in documentation presented before City Council, shall be binding upon the Owners. 10. Enforcement. In the event the City determines that the Owners are not in substantial compliance with the terms of this Agreement of the Final Plat, the City may serve a notice of noncompliance and request that the deficiencies be corrected within a period of forty-five (45) days. In the event the Owners believe that they are in compliance or that the noncompliance is insubstantial, the Owners may request a hearing before the City Council to determine whether the alleged noncompliance exists or where any amendment, variance, or extension of time to comply should be granted. On request, the Citv shall conduct a hearing according to its standard procedures and take such action as it deems appropriate. The City shall be entitled to all remedies at equity and at law to enjoin, correct and/or receive damages for any noncompliance with this Agreement. 11. Notices. Notices to the parties shall be sent in writing by U.S. certified mail, return receipt requested, postage prepaid, Such notices shall be deemed received, if not sooner received, three (3) days after the date of the mailing of the same. To the Owner: Jack Silverman 612 West Francis Street Aspen, CO 81611 To the Owner: The Doremus Family Limited Partnership, LLLP c/o Jeanne Doremus 85 Glen Garry Drive Aspen, CO 81611 To the City: City Attorney City of Aspen 130 South Galena Street Aspen, CO 81611 12. Bindine Effect. The provisions of this Agreement shall run with and constitute a burden on the land and shall be binding upon and inure to the benefit of the Owners, their successors and assigns, and to the City and its successors and assigns. 13. Amendment. This Agreement may be altered or amended only by written instrument executed by all parties hereto, with the same formality as this Agreement was executed. 14. Severability. If any provision of this Agreement is determined to be invalid, such invalidity shall not affect the remaining provisions hereof. • 171 IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Exemption Agreement the day and year first written above. OWNERS: JACK SIL�VERMA[- `( -�R u��Z�i/L 2�'✓G Jack Silverman D91tP-MUS FAMILY LIMITED PARTNERSHIP, LLLP: By: Doremus Management, Ltd., General Partner Aan By:u Doremus, President APPROVED: John Worcester, City Attorney THE CITY OF ASPEN, COLORADO ATTEST: a municipal corporation By: By: Rachel Richards, Mayor Kathryn Koch, City Clerk STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing was sworn and subscribed to before me thiso�7 day of 2000, by Jack Silverman. ss my hand and official seal ate/ ,. mission expires Y' Notary Public \ f,. [Additional Notary Blocks on Following Page] STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing was sworn and subscribed to before me this day of �� b 11 J.i v" , 2000, by Jeanne Doremus, President of Doremus Management, Ltd., General Partner of the Doremus Family Limited Partnership, LLLP. Witness my hand and official seal. ' My commission expires 2-6 In Notary Pu c STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing was sworn and subscribed to before me this day of , 2000, by Rachel Richards and Kathryn Koch, as Mayor and City Clerk, respectively, of the City of Aspen, a Municipal Corporation. Witness my hand and official seal. My commission expires Notary Public c:My DocumentsCity ApplicationsSub Exemption Agrmt • MEMORANDUM TO: Mayor and City Council THRU: Steve Barwick, City Manager Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy Director FROM: Fred Jarman, Planner �- RE: Silverman / Doremus Lot Split — First Reading DATE: October 10, 2000 single-family residence on Lot P and existing gravel parking in the right-of-way. APPLICANT: Jack Silverman and The Doremus Family Limited Partnership, LLLP REPRESENTATIVE: Mitch Haas LOCATION: Lots P, Q, R, and S, Block 21, City and Townsite of Aspen ZONING: R-6 (Medium Density Residential) family residence on Lots R and S. LOT SIZE: Lot P is 3,000 sq. ft. and Lots Q, R, and S are 9,000 sq. ft. CURRENT LAND USE: Lot P contains a single-family residence. Lots Q, R, and S contain two single-family residences. SUMMARY: The applicants wish to absolve certain lot lines and reestablish new lines via a Subdivision Exemption Lot Split creating two 6,000 sq. ft. Lots. ✓ 4/ 1. lrY-Q REVIEW PROCEDURE: 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 co -applicants' property into two (2) separate single-family lots is subject to the City's review and approval. Lot splits are exempt from the full subdivision review pursuant to Section 26.480.030(A)(2) of the Regulations (See below). [26.480.030 Subdivision Exemption Lot Split - The split of a lot for the purpose of the development of one detached single-family dwelling on a lot formed by a lot split granted subsequent to November 14, 1977 pursuant to Section 26.480.030(A)(2). The existing original lot does not need to be developed in order to be eligible for this exemption. Once split, the development or redevelopment, as applicable, of the resulting lots shall be subject to the provisions of Section 26.470.070(B). This exemption is deducted from the respective annual development allotment established pursuant to Section 26.470.040 or from the Aspen Metro Area development ceilings established pursuant to Section 26.470.030. Review is by City Council.] STAFF COMMENTS: The applicants, Jack Silverman and the Doremus Family Limited Partnership, LLLP, represented by Mitch Haas, request 1) a subdivision exemption lot split, and 2) vested property rights status for Lots P, Q, R, and S, Block 21, City and Townsite of Aspen, Pitkin County, Colorado. Jack Silverman, owner of Lot P (3000 sq. ft.), wishes to purchase adjacent Lot Q (3,000 sq. ft.) from the neighboring property. The neighbor, Doremus Family Limited Partnership, LLLP, owns adjacent Lots Q, R, and S totaling 9,000 sq. ft. In order to do this, Staff considered several options. A Lot Line Adjustment approach was discussed but determined to be inappropriate as this application is not a "correction" to an engineering or surveying plat, an insubstantial boundary change, and is not primarily used for the conveyance of large parcels of land. The resulting and most appropriate method to achieve this end was a subdivision lot split. This lot split effectively eliminates the existing boundaries between Lot P and Lots Q- S while simultaneously splitting the undivided land into two equal size parcels of 6,000 square feet each. The result will be the co -applicants each owning a 6,000 square foot lot: Lots P and Q for Mr. Silverman, and Lots R and S for the Doremus Family Limited Partnership, LLLP. The R-6 zone district requires a maximum of one dwelling unit or duplex per 6,000 square foot lot. Lot P contains an existing dwelling unit, as does Lot Q. Combining these properties would result in two dwelling units on a 6,000 square foot lot. Because the existing home on Lot Q would render the resulting Lot P and Q non -conforming with regard to allowable density on a 6,000 square foot R-6 lot, the co -applicants have agreed to demolish the existing house on Lot Q within 180 days of approval by City 6. That the neighboring owners both must end the use of the parking area on West Francis Street. This is to alleviate the potential damage to the existing trees. The applicants shall replace the gravel area with natural landscaping as required by the Parks Department; 7. That the applicant shall submit and record a subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title, in the office of the Pitkin County Clerk and Recorder 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 Chapter and growth management allocation pursuant to Chapter 26.470; 8. That the applicant shall record the subdivision exemption agreement and plat in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause; and 9. That the applicant agrees that this subdivision exemption lot split resulting in two 6,000 square foot lots contains a maximum potential buildout not exceed three (3) units in total, which may be composed of a duplex and a single-family home pursuant to Section 26.480.030(A)(2)(g). This lot split effectively eliminates a development right for Lots Q, R, and S. RECOMMENDED MOTION: "I move to approve Ordinance No. y`j , Series 2000 of the City of Aspen City Council approving an application by Jack Silverman and the Doremus Family Limited Partnership, LLLP for a Subdivision Exempt Lot Split for Lots P, Q, R, and S, Block 21, City and Townsite of Aspen, Pitkin County, Colorado with the conditions set forth in the draft resolution." ATTACHMENTS: EXHIBIT A -- REVIEW CRITERIA & STAFF )FINDINGS EXHIBIT B -- SITE LOCATION MAP EXHIBIT C --SITE PHOTOS EXHIBIT D -- ORDINANCE # �' SERIES 2000 EXHIBIT A SUBDIVISION EXEMPTION LOT SPLIT SECTION 26.480.030(A)(2) Under the provisions of the Municipal Code, 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 co -applicants' property into two (2) separate single-family lots is subject to the City's review and approval. Lot splits are exempt from the full subdivision review pursuant to Section 26.480.030(A)(2) of the Regulations. The specific review criteria for a "lot split" exemption and Staffs responses with regard to the proposal's compliance are included below. 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. Staff Finding Staff finds that the two properties consist of Lots P, Q, R, and S of Block 21 in the original Aspen Townsite. These properties are not located within a previously approved subdivision, and the lots predate the City's adoption of subdivision regulations. Staff finds that this criterion is met. b. No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.100.050(A)(2)(c) [this citation is incorrect and should actually refer to Section 26.470.070(B)J. Staff Finding This proposal is intended to vacate and relocate adjoining boundary lines between two existing lots. The two resulting lots will contain 6,000 square feet each and conform with the dimensional requirements of the underlying R-6 zone district. The minimum lot size in the R-6 zone district is 6,000 square feet. Staff finds that because the applicant will demolish the existing one-story single-family dwelling on Lot Q, the Lot P and Q merger will not result in a non -conforming lot with respect to allowable density on a 6,000 square foot R-6 lot. Additionally, the demolition of the Lot Q residence will also eliminate a structure that is non -conforming regarding its current encroachments into the side and rear setbacks, encroachment into Lot R, and encroachment into the alley right-of-way. Currently, there are two lots and the lot split will not result in any additional lots; as a result, the proposal does not involve any GMQS implications. In the future, should the house on Lots P and Q or the house on Lots R and S be demolished for replacement, the construction of such a replacement will be subject to the terms and provisions of Section 26.470.070(B). Said provisions require either construction of an ADU, payment of an affordable housing impact fee, or placement of a resident occupancy deed restriction on the replacement home. Staff finds this criterion to be met. c. The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this chapter or a "lot split" exemption pursuant to Section 26.470.040(C)(1)(a) [this citation is incorrect and should actually refer to Section 26.470.070(1)1. Staff Finding These lots in question (Lots P, Q, R, and S of Block 21, City and Townsite of Aspen) have not been the subject of any prior subdivision exemption applications or approvals, and they have never received a prior "lot split" GMQS exemption. Prior to the existing two story single-family residence on Lot P, a single -story panabode, owned by Jack Silverman, was moved from Lot P to Eagle County in April of 1996. Prior to this, Mrs. Eugene Wright Armstrong, then owner of Lot P, received a building permit in 1961 to construct the pan abode (Type V Frame) on Lot P. A further check of Stewart Title of Aspen, Inc. records indicate that the property was in separate ownership prior to June, 1956 and vested in Mrs. Eugene Wright Armstrong. Records indicate the property and house were then sold to John P. Stanford. In 1984, adjacent property owners included: Lot O: Bridgit Starri 624 West Francis, Aspen, Co Lot Q: Ms. Vivian Jones P. O. Box 317, Aspen, Co It is Staff s understanding that Lot P (encompassing 3,000 sq. ft.) existed as one lot as far back as 1961 when Mrs. Eugene Wright Armstrong built a pan abode on the property and was not the subject of a subdivision exemption under the provisions of this chapter. Staff finds this criterion to be met. d. A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title, is submitted and recorded in the office of the Pitkin County Clerk and Recorder 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 Chapter and growth management allocation pursuant to Chapter 26.470. Staff Finding The co -applicants have agreed that the resulting subdivision plat will be reviewed by the Planning and Engineering Departments for approval and recordation within 180 days of final land use approval. The plat will include a prohibition against further subdivision and a requirement that additional development comply with the applicable provisions of the Land Use Code. Staff finds this criterion to be met. e. The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. Staff Finding Staff finds that the co -applicants understand this requirement and shall comply with this criterion language indicating that the subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder and failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. Staff finds this criterion to be met. f. In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. Staff Finding This application represents a case where three existing single-family dwellings occupy the site and none of the dwellings have yet to be demolished. As indicated above, the existing home on Lot Q would render the resulting Lots P and Q non -conforming with regard to allowable density on a 6,000 sq. ft. R-6 lot. The co -applicants have agreed to demolish the existing house on Lot Q within 180 days of approval by City Council. As compared with the existing conditions, the demolition will result in less site coverage and more open space on the properties. The existing structure on Lots R and S and the house on Lot P will both remain in their current locations at this time. Staff finds this criterion to be met. g. Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home. Staff Finding Staff finds that the maximum buildout for the proposed lot split shall be two (2) single- family homes; neither of the resulting lot areas will be large enough to accommodate a duplex while still meeting the minimum lot area per dwelling unit requirement in the R-6 zone district. Specifically, the two lots created will each be 6,000 square feet while the R- 6 zone district maintains a minimum lot area of 9,000 square feet for a duplex. The end result for allowable aggregate density on Lots P-S will decrease by one dwelling unit (from 3 units to 2 units). The co -applicants are aware that they are losing a development right by proceeding with this lot split. Staff finds this criterion to be met. EXHIBIT B SITE VICINITY MAP FA Proposed configuration for Lots P, Q, R, and S of Block 21. Arrow "A" points to Lots P and Q to be owned by Jack Silverman and, while arrow `B" points to Lots R, and S to be owned by The Doremus Family Limited Partnership, LLLP • EXHIBIT C SITE PHOTOS • U MEMORANDUM To: Fred Jarman, Planner From: Ben Ludlow, Project Engineer Reference DRC Caseload Coordinator Date: August 21, 2000 Re: Doremus / Silverman Lot Split Subdivision Exemption The Development Review Committee has reviewed the Doremus / Silveman Lot Split Subdivision Exemption application at their August 9, 2000 meeting and has compiled the following comments: General Sufficiency of Submittal: DRC comments are based on the fact that we believe that the submitted site plan is conceptually accurate, that it shows all site features, and that it is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. 2. R.O.W. Impacts: Currently there is parking encroachments into the public right- of-way, the encroachment must either be removed or it is subject to current encroachment license requirements. Site Review 3. Fire Protection District — Information — As of the request of the Fire Protection District revisions need to be made as follows: a. NONE 4. Transportation and Parking — Requirement — The following requirement was given by the Parking Department: a. The area currently used as head in Parking along West Francis St. is in the Public Right of Way. This area can no longer be used as Parking under this review as a condition of approval from the Parking Department. 5. Building Department — Information — The following information has been provided by the Building Department: a. NONE Page 2 of 4 • August 15, 2000 Doremus / Silverman Lot Split Subdivision Exemption 6. Parking — Requirement — The following requirement has been provided by the Parking Department: a. No parking will be allowed adjacent to both properties along West Francis St. as it is currently configured with head in parking on the Public Right of Way. b. All no parking signs must be removed. 7. Engineering Department — Requirement- The following requirements have been provided by the Engineering Department: a. A Temporary Revocable Encroachment License must be obtained for the fence that encroaches into the Public Right Of Way on West Francis Street, 51" Street, and the Alley for Block 21. This license will make the fence legal for its position in the Public Right of Way and can be revoked at any time by the City Engineering Department. 8. Streets Department — Requirement- As of the request of the Streets Department revisions need to be made as follows: a. The applicant shall not track mud onto City streets during demolition. A washed rock or other style mud rack must be installed during construction. 9. Housing Office — Information — The following information has been provided by the Housing Office: a. NONE 10. Community Development — Information — The following information has been provided by the Community Development Office: a. The area currently used as head in Parking needs to be removed and the land needs to be returned to its natural vegetation. 11. Emergency Management Disaster Coordinator — Requirement - The following requirement has been provided by the Pitkin County Disaster Coordinator: a. NONE 12. Parks — Requirement- The following comments have been produced by the Parks Department: a. All demolition of the existing building needs to occur from the alley side of the lot. b. The lot split creates a joint ownership of two trees that will now be located on the property line. If these trees are ever proposed to be removed by either property owner, a tree removal permit will require approval from both owners prior to submission of a tree removal permit. Page 3 of 4 • • August 15, 2000 Doremus / Silverman Lot Split Subdivision Exemption c. As a condition of approval from the Parks Department for the lot split, the neighboring owners both must end the use of the Parking area on West Francis Street. This is to alleviate the potential damage to the existing trees and it will be necessary to replace the gravel area with natural landscaping. 14. Utilities: A utility plan was not submitted with the application. For the utility departments to properly comment, a utility plan must be submitted - Water: City Water Department - Requirement — As a request of the City of Aspen Water Department, revisions need to be made as follows: a. The existing house on Lot R will need to abandon the existing tap at the main with a witness of the Water Department before demolition. - Wastewater: Aspen Consolidated Waste District - Information — As a request of the Consolidated Waste District, revisions need to be made as follows: a. NONE - Construction: Work in the Public Right of Way Requirement — Given the continuous problems of unapproved work and development in public rights -of -way adjacent to private property, we advise the applicant as follows: Approvals 1. Engineering: The applicant receives approval from the City Engineering Department (920-5080) for design of improvements, including grading, drainage, transportation/streets, landscaping, and encroachments within public right of way. 2. Parks: The applicant receives approval from the Parks Department (920- 5120) for vegetation species and for public trail disturbance. 3. Streets: The applicant receives approval from the Streets department (920-5130) for mailboxes, finished pavement, surface materials on streets, and alleyways. 4. Permits: Obtain R.O.W. permits for any work or development, involving street cuts and landscaping from the Engineering Department Page 4 of 4 August 15, 2000 Doremus / Silverman Lot Split Subdivision Exemption DRC Attendees Staff: Nick Adeh Applicant's Representative: Ben Ludlow Denis Murray Fred Jarman Rich Ryan Becca Schickling Tom Bracewell Cindy Mohat Mitch Haas C7 • DOREMUS/ SILVERMAN APPLICATION FOR APPROVAL OF A LOT SPLIT SUBDIVISION EXEMPTION Submitted by: Mr. Jack Silverman 612 West Francis Street Aspen, CO 81611 And The Doremus Family Limited Partnership, LLLP 85 Glen Garry Drive Aspen, CO 81611 Prepared by: HAAS LAND PLANNING, LLC Planning Consultants 201 North Mill Street, Suite 108 Aspen, CO 81611 (970) 925-7819 fax: (970) 925-7395 mhaas@gateway.net • • I u 1 1 1 1 1 PLANNER PROJECT CONSULTANTS Mitch Haas, AICP Haas Land Planning, LLC 201 North Mill Street, Suite 108 Aspen, CO 81611 (970) 925-7819 David W. McBride, R.L.S. #16129 Aspen Survey Engineers, Inc. 210 South Galena Street Aspen, CO 81611 (970) 925-3816 LEGAL Arthur C. Daily, Esq. Holland & Hart, LLP 600 East Main Street Aspen, CO 81611 (970) 925-3476 E 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DOREMUS/SILVERMAN LOT SPLIT TABLE OF CONTENTS PAGE I. INTRODUCTION..........................................................................1 II. SUBJECT SITE & NEIGHBORHOOD (Existing Conditions).....................2 III. THE PROPOSAL...........................................................................4 IV. REVIEW REQUIREMENTS..............................................................6 A. Section 26.480.030(A)(2), Subdivision Exemption For A Lot Split....6 B. Section 26.480.050, Subdivision Review Standards...................... -.9 C. Section 26.308, Vested Property Rights ...................................... 12 EXHIBITS Exhibit #1: Pre -Application Conference Summary Exhibit #2: Land Use Application Form Exhibit #3: Attachment 2, Dimensional Requirements Form Exhibit #4: Proof of Ownership For Each Property Exhibit #5: Letter of authorization for Haas Land Planning, LLC, to represent the co-applicants/owners Exhibit #6: List of Property Owners Within a 300 Foot Radius Exhibit #7: Executed Fee Agreement 1 I. INTRODUCTION ■ This application requests approval of a subdivision exemption for a lot split. The subject properties are legally described as Lots P, Q, R, and S, Block 1 21, City and Townsite of Aspen. Mr. Jack Silverman owns Lot P and the single- family residence located thereon. Lot P is commonly known as 612 West Francis Street. The Doremus Family Limited Partnership, LLLP, owns Lots Q R, and S, ' which include two detached single-family residences: one on Lots R and S, and the other on Lot Q. Lot Q is commonly known as 610 West Francis Street and Lots R and S, together, are addressed as 600 West Francis Street. Mr. Silverman intends to purchase Lot Q from the Doremus Family Limited Partnership, LLLP, and the two parties have entered into a contract to do so; however, the contract ' is contingent upon, among other things, approval of a lot split application and recordation of a plat pursuant thereto. l Lots P-S, Block 21, City and Townsite of Aspen are in the Medium - Density Residential (R-6) zone district, and are located on the north side of West Francis Street between North Fifth Street and North Sixth Street. Each townsite parcel (i.e., P, Q, R, and S) has an area of 3,000 square feet. The Doremus Family Limited Partnership therefore owns a 9,000 square foot lot (with two homes on it), and Mr. Silverman owns the adjacent 3,000 square foot lot. They are applying together, as co -applicants, to dissolve the existing boundary between their parcels and simultaneously split the undivided land into two equal size parcels of 6,000 square feet each. The result will be the co -applicants each owning a 6,000 square foot lot: Lots P and Q for Mr. Silverman, and Lots R and S for the Doremus Family Limited Partnership, LLLP. A pre -application conference was held with Fred Jarman and Chris Bendon of the Aspen Community Development Department on May 19, 2000 (see Pre -Application Conference Summary, Exhibit 1). In this conference, the potential of accomplishing the co -applicants' goal through the lot line adjustment provisions and procedures was discussed, but Mr. Bendon and Mr. Jarman concurred in feeling that such an approach would be inappropriate. They explained that the lot line adjustment provisions are meant to correct engineering/surveying errors, or to complete insubstantial boundary changes, but are not intended for facilitating the conveyance of substantial parcels of land. It is recognized that Lot Split applications are typically used to create two lots where only one previously existed; however, the lot split provisions represent the most appropriate standards and procedures available to accomplish the goals of these co -applicants. Doremus/Silverman Lot Split Application Page I This application is submitted by Haas Land Planning, LLC, on behalf of the Doremus Family Limited Partnership, LLLP, and Jack Silverman (hereinafter ' "co -applicants"), pursuant to Sections 26.480.030(A)(2), 26.480.040(B), 26.480.050, 26.710.040, and 26.308 of the Aspen Land Use Regulations. ' Since there are currently two lots and the lot split will not result in any additional lots, it is believed that no GMQS implications exist and, thus, an ' exemption pursuant to Section 26.470.070(1) is not necessary. Further, one existing development right will be effectively eliminated since the ability to construct two residences on the existing 9,000 square foot lot will be lost once it becomes a 6,000 square foot lot. It is also requested that vested property rights status be granted along with the land use approval. Section 26.480.040(B), Procedures for Review, explains that subdivision exemptions are a one-step review requiring a duly noticed public hearing before the City Council. The co -applicants are the owners of the subject properties (see proof of ownership, Exhibit 4). Permission for Haas Land Planning, LLC, to represent the co -applicants is attached as Exhibit 5. A list of property owners located within three -hundred feet of the property and an executed application fee agreement are attached as Exhibits 6 and 7, respectively. This application is divided into four sections. Section I provides a brief introduction to the application, while Section II describes the existing conditions of the subject site and neighborhood. Section III outlines the co -applicants' proposal, and Section IV addresses the proposal's compliance with the applicable review criteria of the Land Use Regulations. For the reviewer's convenience, all pertinent supporting documents relating to the project (i.e., proof of ownership, etc.) are provided in the various exhibits at the rear of the application. While the co -applicants have attempted to address all relevant provisions of the Regulations, and to provide sufficient information to enable a thorough evaluation of the application, questions may arise which require additional information and/or clarification. The co -applicants' representative will provide such additional information as may be required in the course of the review. II. SUBJECT SITE & NEIGHBORHOOD (EXISTING CONDITIONS) The subject properties are legally described as Lots P, Q, R, and S, Block 21, City and Townsite of Aspen. They are in the Medium -Density Residential (R-6) zone district, and are located on the north side of West Francis Street between North Fifth and Sixth Streets. Doremus/Silverman Lot Split Application Page 2 I E 0 rl a SITE VICINITY MAP 1 0 0 One of the co -applicants (Mr. Silverman) currently owns Lot P and the single-family residence located thereon. The other co -applicant (The Doremus Family Limited Partnership, LLLP) owns Lots Q R, and S, which include two detached single-family residences: one on Lots R and S, and the other on Lot Q. Each townsite parcel (i.e., P, Q, R, and S) has an area of 3,000 square feet. The Doremus Family Limited Partnership therefore owns a 9,000 square foot lot, and Mr. Silverman owns the adjacent 3,000 square foot lot. All existing conditions and improvements are accurately depicted on the accompanying Existing Conditions Survey, and described below. Lot P (612 West Francis Street) is improved with a 2 to 2%z story, bluish - gray, stucco house. The house is rectangular in shape (19.75' wide x 74.75' long), ' has vaulted spaces, and the first floor (on the West Francis frontage) is sunken below natural grade, at "garden level." Along the alley, the house is two stories tall with a two car garage at ground level. There is also head -in parking for approximately three vehicles on the gravel area directly in front of the house, off West Francis Street. No actual yard areas exist on the sides or rear of the house, but there is a garden level patio at the front. A walkway is located between the east side of the house and the bench -height stone and masonry wall separating Lots P and Q. A concrete patio at the northeast corner of the property Iencroaches onto Lot Q. Lot Q (610 West Francis Street) is improved with a small, one story house located along the alley frontage. In fact, the house encroaches 1.4 feet (2.4 feet with the roof overhang) into the alley right-of-way and 1.6 feet (2.7 feet with the roof overhang) into Lot R. It resides less than 2 feet from adjoining Lot P. The house contains a nonconforming wood burning fireplace and its substructure is infested with skunks. From the alley, it is apparent that the structure includes a shed -roofed addition as well as two doors and a window that do not appear to be original to the structure. There is no garage, but there is head -in parking for two cars in the gravel area located in the West Francis Street right-of-way. The wood deck attached to the front of the house extends approximately 2 feet into Lot R. A bench -height stone and masonry wall straddles the property line between Lots P and Q. A walkway which extends into the West Francis Street I right-of-way leads to the wood deck and, in turn, front door of the house. The pan abode house on Lots R and S (600 West Francis Street) is oriented in a northeast -southwest direction, facing the corner of West Francis and North Fifth Streets. The house has a footprint of roughly 2,085 square feet in a predominantly rectilinear form, plus an approximately 60 square foot shed ' attached to its West Francis Street frontage. While the house does not have a garage, an approximately 9 foot wide concrete driveway enters the property ' Doremus/Silverman Lot Split Application Page 3 1 1 diagonally from North Fifth Street, as does a similarly oriented walkway to the front porch. What amounts to the side and rear yards of the house, based on its orientation, are fenced in and there is a wood deck extending from the central portion of the rear of the house. The fencing does not follow the lot lines as it encroaches some 7 feet into the West Francis Street right-of-way, 6 feet into the North Fifth Street right-of-way, 1 foot into the alley right-of-way, and falls 1 to 5 feet shy of the boundary between Lots Q and R. The subject properties are located in the West End neighborhood, which contains a highly eclectic mix of architectural styles, house sizes, and building orientations. The subject block alone contains a multitude of architectural styles ranging from pan abodes to typical 1970's suburban houses, and from mountain chalets to modernistic designs. The block contains very new homes (some still under construction), homes of average age, and fairly old homes. The structures on the block range in height from 1 story to 2%2 stories. Almost all of the houses on both sides of the block take vehicular access from West Francis Street (not the alley), with head -in parking along the north side of the street and parallel parking along the south side. Both sides of West Francis Street contain a mature mix of large coniferous and deciduous trees. The houses on the corner lots tend to orient toward the cross streets (4t" and 5th Streets). The alley running behind the subject lots is not paved. The ultra -modern, Peter Gluck designed house resides directly across the alley from the house on Lot P. There is a rustic, old mining shack across the alley from the small Lot Q house. The house located on the south side of West Francis Street, across from and in contrast to the pan abode on Lots R and S, is of new construction with two stories and highly manicured landscaping. The house across the street from Lot Q is of fairly modern design, and is 2%2 stories tall with vaulted ceilings and a main entrance located upstairs from the garden level (above street level); its front yard is dominated by a semi -circular driveway. The brick house across the street from Lot P has, for lack of a better description, a typical one-story, 1970's suburban design. Next door, to the west of Lot P, there are two semi -attached (via carport) twin chalet houses of two stories each. III. THE PROPOSAL: The proposal involves a subdivision exemption for a lot split. It is also requested that vested property rights status be granted along with the lot split approval. The purpose of the lot split is to eliminate the existing boundary between Lot P and Lots Q-S while simultaneously splitting the undivided land into two equal size parcels of 6,000 square feet each. The result will be the co- Doremus/Silverman Lot Split Application Page 4 L� 1 1 applicants each owning a 6,000 square foot lot: Lots P and Q for Mr. Silverman, and Lots R and S for the Doremus Family Limited Partnership, LLLP. Mr. Silverman intends to purchase Lot Q from the Doremus Family Limited Partnership, LLLP, and the two parties have entered into a contract to do so; however, the contract is contingent upon, among other things, approval of a lot split application and recordation of a plat pursuant thereto. It is Mr. Silverman s goal to increase the size of his yard/garden area while gaining a modest amount of additional floor area for flexibility with regard to potential future use. For instance, Mr. Silverman is seriously considering the development of an accessory dwelling unit (ADU) but has neither the lot area or floor area to do so on his existing Lot P; with the addition of Lot Q he will be able to build a detached ADU along the alley. His increased floor area potential will be counterbalanced by an equal amount of lost FAR (840 square feet) from existing Lots Q-S. The R-6 zone district allows a maximum of one dwelling unit on a 6,000 square foot lot. Lot P has a dwelling unit, as does Lot Q. Combining these properties would result in two dwelling units on a 6,000 square foot lot. Because the existing home on Lot Q would render the resulting Lot P and Q non- conforming with regard to allowable density on a 6,000 square foot R-6 lot, the co -applicants herein agree to demolish the existing house on Lot Q within 180 days of approval by City Council, or within an appropriate, specified period after recordation of the plat --- whichever is deemed more appropriate. This way the resulting 6,000 square foot lot (P and Q) would have just one dwelling unit as opposed to two and would, therefore, comply with the zoning regulations. Demolition of the Lot Q residence will also eliminate the many ways in which that structure is and/or would be non -conforming (i.e., side and rear yard setbacks, encroachment into Lot R, and encroachment into the alley right-of- way). The demolition is further desirable as it will eliminate a nonconforming wood -burning fireplace and address a persistent skunk infestation problem. Aspen Historic Preservation Planner, Amy Guthrie, has visited the site and determined that the residence on Lot Q is of no historical significance; she is not opposed to its demolition. As compared with the existing conditions, the demolition will result in less site coverage and more open space on the properties. Since there are currently two lots and the lot split will not result in any additional lots, it is believed that no implications exist with regard to the GMQS provisions. In fact, one existing development right will be effectively eliminated since the ability to construct two residences on the existing 9,000 square foot lot Doremus/Silverman Lot Split Application Page 5 1 0 0 ' will be lost once it becomes a 6,000 square foot lot. That is, even though existing Lot Q-S allows for the development of a duplex or two detached residences, neither resulting lot will be large enough to support a duplex or two detached homes while meeting the R-6 dimensional requirements (i.e., minimum lot size per dwelling unit). Notwithstanding the current lack of GMQS implications, ' should the house on Lots P and Q or on Lots R and S ever be demolished for replacement, they will be subject to the terms and provisions of Section ' 26.470.070(B). Said provisions require either construction of an ADU, payment of an affordable housing impact fee, or placement of a resident occupancy deed restriction on the replacement home. IV. REVIEW REQUIREMENTS: Section 26.480 03O(A)(2), Subdivision Exemption for a Lot Split Under the provisions of the Municipal Code, 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 co -applicants' property into two (2) separate single- family lots is subject to the City's review and approval. Lot splits are exempt ' from the full subdivision review pursuant to Section 26.480.030(A)(2) of the Regulations. The specific review criteria for a "lot split" exemption and the co - applicants' responses with regard to the proposal's compliance therewith are summarized below. Each criterion is provided in indented and italicized text with a response immediately following. ' 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 legal description indicates, the property consists of Lots P, Q, R, ' and S of Block 21 in the original Aspen Townsite. 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. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.100.050(A)(2)(c) [this citation is incorrect and should actually refer to Section 26.470.070(B)]. As explained in the Section III of this application, the proposal calls for relocating the adjoining boundary between two existing lots. The two resulting ' lots will contain 6,000 square feet each and conform with the dimensional Doremus/Silverman Lot Split Application Page 6 11 11 1 requirements of the underlying R-6 zone district. The minimum lot size in the R- 6 zone district is 6,000 square feet. Because the existing home on Lot Q would render the resulting Lot P and Q non -conforming with regard to allowable density on a 6,000 square foot R-6 lot, the co -applicants hereby agree to demolish the existing house on Lot Q within 180 days of approval by City Council, or within an appropriate, specified period after recordation of the plat -- whichever is deemed more appropriate. Demolition of the Lot Q residence will also eliminate the many ways in which that structure is and/or would be non -conforming (i.e., encroachments into the side and rear setbacks, encroachment into Lot R, and encroachment into the alley right-of-way). In addition, the demolition will eliminate a nonconforming wood -burning fireplace and address a persistent skunk infestation problem. Aspen Historic Preservation Planner, Amy Guthrie, has visited the site and determined that the residence on Lot Q is of no historical significance; she is not opposed to its demolition. All future use of the subject properties will conform to the dimensional requirements of the R-6 zone district. Again, as mentioned in Section III of this application, since there are currently two lots and the lot split will not result in any additional lots, it is believed that the proposal does not involve any GMQS implications. Should the house on Lots P and Q or the house on Lots R and S ever be demolished for replacement, the construction of such a replacement will be subject to the terms and provisions of Section 26.470.070(B). Said provisions require either construction of an ADU, payment of an affordable housing impact fee, or placement of a resident occupancy deed restriction on the replacement home. c. The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this chapter or a "lot split" exemption pursuant to Section 26.470.040(C)(1)(a) [this citation is incorrect and should actually refer to Section 26.470.070(I)]. Lots P, Q R, and S of Block 21, City and Townsite of Aspen have not been the subject of any prior subdivision exemption applications or approvals, nor have they ever received a "lot split" GMQS exemption. d. A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title, is submitted and recorded in the office of the Pitkin County Clerk and Recorder 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 Chapter and growth management allocation pursuant to Chapter 26.470. A subdivision plat will be reviewed by the Planning and Engineering Departments for approval and recordation within 180 days of final land use Doremus/Silverman Lot Split Application Page 7 1 1 0 0 ' approval. The plat will include a prohibition against further subdivision and a requirement that additional development comply with the applicable provisions ' of the Land Use Code. e. The subdivision exemption agreement and plat shall be recorded in the office of ' the Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by City Council shall render the plat invalid and reconsideration of the plat by the City ' Council will be required for a showing ofgood cause. The language of this criterion is understood and the co -applicants will ' comply. It is the understanding of the co -applicants that the plat and the notes contained thereon will serve as the "subdivision exemption agreement," with no need for a separate document. ' f. In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. This application represents a case where three existing single-family ' dwellings occupy the site and none of the dwellings have yet to be demolished. As explained above in response to criterion "b.", because the existing home on Lot Q would render the resulting Lot P and Q non -conforming with regard to ' allowable density on a 6,000 square foot R-6 lot, the co -applicants hereby agree to demolish the existing house on Lot Q within 180 days of approval by City Council, or within an appropriate, specified period after recordation of the plat - -- whichever is deemed more appropriate. Demolition of the Lot Q residence will also eliminate the many ways in which that structure is and/or would be non -conforming (i.e., encroachments into the side and rear setbacks, encroachment into Lot R, and encroachment into ' the alley right-of-way). In addition, the demolition will eliminate a nonconforming wood -burning fireplace and address a persistent skunk infestation problem. Aspen Historic Preservation Planner, Amy Guthrie, has ' visited the site and determined that the residence on Lot Q is of no historical significance; she is not opposed to its demolition. As compared with the existing conditions, the demolition will result in less site coverage and more ' open space on the properties. The existing structure on Lots R and S and the house on Lot P will both remain in their current locations. 1 g. Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single- family home. Doremus/Silverman Lot Split Application Page 8 The maximum potential buildout for the proposed lot split will be two (2) single-family homes as neither of the resulting lot areas will be large enough to ' accommodate a duplex while still meeting the minimum lot area per dwelling unit requirement in the R-6 zone district. That is, the two lots created will each be 6,000 square feet while the R-6 zone district maintains a minimum lot area of ' 9,000 square feet for a duplex. The allowable aggregate density on Lots P-S will be decreased by one dwelling unit (from 3 units to 2 units). ' Section 26.480.050, Subdivision Review Standards ' Section 26.480.040, Procedures for Review, states in sub -section B. that lot split subdivision exemptions must be reviewed against the standards of Section 26.480.050. Section 26.480.050 provides that a development application for ' subdivision review shall comply with the following standards and requirements: A. General Requirements. a. The proposed subdivision shall be consistent it ith the Aspen Area Comprehensive Plan. The Aspen Area Community Plan does not contain any policies, goals, or recommendations with regard to the subject site. Further, the proposal made herein is of such minor consequence that there is certainly nothing in the AACP ' that would frame the proposal in a negative light. Thus, the proposed lot split is not at all inconsistent with the AACP. ' b. The proposed subdivision shall be consistent with the character of existing land uses in the area. 1 The proposed lot split will result in two 6,000 square foot lots in the R-6 zone district. The minimum lot area in the R-6 zone is 6,000 square feet and, indeed, the majority of lots in the West End neighborhood have exactly the same dimensions as would the lots resulting from the proposed lot split (60' x 100'). As the properties currently exist, there is potential for one duplex structure with 4,080 square feet of FAR floor area on the 9,000 square foot lot (Lots Q-S), and one detached single family residence with 2,400 square feet of FAR floor area on the 3,000 square foot lot. This represents an aggregate allowable FAR of 6,480 square feet. After the proposed lots split, only two homes of 3,240 square feet each will be possible. In total, the aggregate allowable FAR will not change, but since a 4,080 square foot structure will no longer be possible, the potential mass of both structures will be more compatible with that typically found throughout the neighborhood. Doremus/Silverman Lot Split Application Page 9 1 9 0 In effect, the potential for one average size structure and one large structure will be changed to result in the potential for two standard size homes relative to the surrounding neighborhood. 840 square feet of FAR will shift from one parcel to the other, resulting in two equal home size potentials on adjacent, equal size lots. The other result will be less site coverage and more open space than currently exists. c. The proposed subdivision shall not adversely affect the future development of surrounding areas. ' The surrounding areas will not be adversely affected in any way by the proposed lot split. Traffic generation will be decreased with the removal of the existing dwelling unit from Lot Q. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. The lot split will be in compliance with all applicable standards imposed by the Land Use Code. Existing Lot Q nonconformities and encroachments will be eliminated. Any other nonconformities or encroachments will be eliminated if or when redevelopment occurs. B_ Suitability of Land for Subdivision. a. Land Suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, 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. The proposed lot split involves already developed single-family parcels in the West End neighborhood. The neighborhood is one of Aspen's oldest, most well established areas. There are no natural hazards affecting the properties. ' b. Spatial Pattern Efficient. 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. The proposed lot split will not create any inefficiencies, duplications, or premature extensions of public facilities. There will be no resulting costs to the public whatsoever. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: Doremus/Silverman Lot Split Application Page 10 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. 2. The applicant shall sped each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. All required improvements already exist on the subject sites, and no changes will be necessitated by the proposed lot split. ' D. Affordable Housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Chapter 26.520, g Program, Replacement Housing Pram, is not applicable as no P g PP resident or other multi -family housing is being demolished. With regard to Chapter 26.470, Growth Management Quota System, the proposed lot split effectively removes one development right. No additional density over that which already exists will be possible. The existing potential build out on Lots P- S of three (3) units of density will be reduced to a total potential buildout of just two units. As such, there are no GMQS implications, and no allotments or Iexemptions are necessary. As is the case with all existing residential properties, should either the house on Lots P and Q or the house on Lots R and S ever be demolished for replacement, they will be subject to the terms and provisions of Section 26.470.070(B). Said provisions require either construction of an ADU, payment of an affordable housing impact fee, or placement of a resident occupancy deed restriction on the replacement home. Mr. Silverman is seriously considering the development of an accessory dwelling unit (ADU) but has neither the lot area or floor area to do so on his existing Lot P; with the addition of Lot Q he will be able to build a detached ADU along the alley. ' E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. This section of the subdivision regulations requires the dedication of land or the payment of an in -lieu fee for each new residential unit in a subdivision. There will be no new residential units in this lot split. Each of the two resulting 1 Doremus/Silverman Lot Split Application Page 11 1 0 0 1 1 lu if 11 11 IJ If I I if lots already contains a detached single-family residence. As such, no school land dedication or cash -in -lieu will be required. Section 26.308, Vested Property Rights In order to preserve the land use approvals which may be obtained as a result of this application, the co -applicants hereby request vested property rights status pursuant to the provisions of Chapter 26.308 of the Aspen Land Use Code. It is our understanding that final approval of the proposed development must be granted by ordinance of the City Council to establish such status. It is also our understanding that no specific submission requirements, or review criteria other than a public hearing, are required to confer such status. Doremus/Silverman Lot Split Application Page 12 1 EXHIBITS Exhibit #1: Pre -Application Conference Summary Exhibit #2: Land Use Application Form Exhibit #3: Attachment 2, Dimensional Requirements Form Exhibit #4: Proof of Ownership for Each Property Exhibit #5: Letter of authorization for Haas Land Planning, LLC, to represent the co-applicants/owners Exhibit #6: List of Property Owners Within a 300 Foot Radius Exhibit #7: Executed Fee Agreement 1 EXHIBIT # I 1 1 I L CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Fred Jarman / Chris Bendon DATE: 5 / 19 / 00 PROJECT: Doremus / Silverman Lot Split REPRESENTATIVE: Mitch Haas OWNER: Jeanne Doremus TYPE OF APPLICATION: 1 Step — Exempt Subdivision ("Lot Split") approval by City Council DESCRIPTION: The applicant and property owner of lots Q, R, and S (totaling 9,000 sq. ft. in area) wishes to sell lot Q to an adjacent property owner of Lot P (totaling in 3,000 sq. ft. in area) in order to create two parcels of 6,000 sq. ft. each in total area. In doing this they wish to dissolve the current parcel boundary line creating one whole parcel to include Lots P, Q, R, and S then split the parcel into two equal parcels of 6,000 sq. ft. each. A Lot Line Adjustment approach was discussed but determined to be inappropriate as this application is not a "correction" to an engineering or surveying plat, an insubstantial boundary change, and is not primarily used for the conveyance of large parcels of land. Land Use Code Section(s) 26.480.030(A)(2) Subdivision Exemption "Lot Split" 26.470.070(1) Lot Split Review by: Staff for completeness, Referral agencies for recommendations, Planning Director for a recommendation to City Council. Public Hearing: Referral Agencies: Yes, City Council Engineering, Parks, (also reviewed by Zoning and Historic Preservation Officers in Community Development) Planning Fees: Planning Deposit ($1,155) Referral Agency Fees: Engineering, Minor ($170) Parks Total Deposit: $1,325 (additional hours are billed at a rate of $1951hour) To apply, submit the following information: 1. Proof of ownership. 2. Signed fee agreement. 3. Applicant's name, address and telephone number in a letter signed by the applicant which states.the name, address and telephone number of the representative(s) authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application J 1 [-I I 1 1 1 1 1 1 1 6. 11 Copies of the complete application packet and maps. CC = 7; Referral Agencies = 1/ea; Planning Staff= 2 7. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 8. Draft Plat including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. Contact Engineering Department if more specifics are needed. 920.5080. 9. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Please refer to the review standards in the application. Process: Planner reviews case for completeness and sends to Engineering and Parks for referral comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review: Section 26.480.050 for a Subdivision exemption as a Lot Split. Case planner makes a recommendation of approval, approval with conditions, or denial to the Community Development Director. The process requires 1) a public hearing before City Council, 2) notice for an application for a lot split shall require publication, mailing and posting (See 26.304.060(E)(3)(a), (b) and (c).), 3) standards of review: Section 26.480.050 and 4) City Council action: Ordinance approving, approving with conditions, or disapproving application for subdivision exemption. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. I L EXHIBIT # 2 1 1 L a L 1 • LAND USE APPLICATI04P PROJECT: Name: pp '.t C '' --JJ p —tom Location: ", 6 10, d 612 I FRAt),bs �. 1VV6 P`2, FLOGC Zl. ON f row0SITE af 6054) (Indicate street address, lot & block number, legal description where appropriate) APPLICANT: Name: Sl L.VE AAAI _#x'9ow& 5 SALY L P Address: 612 9 Haas oil, lY O J 6wA Gw4Y lk Phone #: k&gW 816LI REPRESENTATIVE - TYPE OF APPLICATION: (please check all that a ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devi. ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA - 8040 Greenline, Stream ❑ Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion dLot Mountain View Plane Split ❑ Temporary Use ❑ Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) 1 iiD61: 04 -2t= l( LCFr P Awo TWO QCYACA� ca 9 600F' ,oit� •S (oa>C da 15�► 1 Haye you attached the following? 0' Pre -Application Conference Summary V./ ttachment # 1, Signed Fee Agreement Response to Attachment #2, Dimensional Requirements Form [Response to Attachment #3, Minimum Submission Contents �Response esponse to Attachment #4, Specific Submission Contents to Attachment 45, Review Standards for Your Application FEES DUE: $ 1.325 °O i J 11 a Ll EXHIBIT # 3 11 L I • • 1 I�J Project: Applicant: Location: Zone District: Lot Size: Lot Area: ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM t WW2I 1,7011, X 0 K. #A/ Us 0 (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: _ tl A Proposed. O! /q Number of residential units: Existing: _Proposed.• 2- Number of bedrooms: Existing. Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Principal bldg. height: Access. bldg. height: On -Site parking: % Site coverage: % Open Space: Front Setback: 3611� Rear Setback: J(4PR,o46ftI YT Combined F/R: '3uR4E1 Side Setback: Side Setback: Combined Sides: Existing: Allowable:_6, Y80 Proposed.•_6J �(Wflrr) Existing: Allowable: $ Proposed: o p IJCW Existing: Allowable: Proposed: Existing.•��c,tZRequired. 6G&Ac S Proposed: Na a#*oIO6 Existing: Required. ti Proposed. • jaE(„, Existing: Required: W,4 _Proposed: Existing: Required: Proposed. Existing: Required: Proposed: Existing: Required.• Proposed. Existing. Required. Proposed. Existing: Required. Proposed.• Existing__ Required: Proposed. Existing non -conformities or encroachments: LAJA hl(C(tpQra � _LLC a� Variations requested: oAu• • 0 EXHIBIT # 4 1 I a JUN-06-00 10=54 FROM=HOLLANDHART I13609259416 PAGE 2Z6 C'n_1 �iTT FTWF FO R 7TR F UF SCE -%(1 Fi)UL.E 1 _ EfkCfjve Date- " 9. 2000 at 8.30 AAA I Cage No, Pr- 11855PR 2 Policy or Policies to be issued r (a) ALTA Owner's Policy -Form 1992 Arr 0_( j Premium$ 0_0b ' Proposed Insured_ Rate_ (b) ALTA Loan Policy-Foim 19V Arr� 0 % Premhm$ 0 Proposed Insured: Rate: RE-ISSbE Tax Ckffff S10.c0 3. TiMe tb The FEE SIMPLE estate or interest in fhe IWO described or referred to in ;vs Corriff rent is at the date here& vested n: i JACK E SILVERMAN 4. The land referred to in fhis ComTniDriPnt is nib c+g of CC:^.4Ax Zi1C b ;cam". o;, as follows LOT P. BLOCK 21, CITY AND TOWNSITE OF ASPEN PMM4 COUNTY mLr~ wC. W1 E HOPKM Sc'heeule A PG.1 RSPIN, CO. 91611 T t s Cmrfinent is irr,,4W uriew the Insixing 4766 97125 97a9$(&W AX P&isk R5 and SchedLdes ALRiiORJZEp A�.,r 7T ZE A kW B are atiaama. 1 C� Jul 18 00 01:51p •11ndrew Doremus is 970-544-9632 08 i 2''ti' /96 02 : '?8P FAG i Or 1. REG GILVIA JAVIS PITKIN COUNTY CLERK & RECORDER E,. 00 0. (140 GENERAr, WARRANTY DEED r— 4 r+ 1 i1,C THIS DEED, made this / 6f day of August, 19%, between VFJ & AJD PARTNERSHIP, LLC, of the County of Pitidn and State of Colorado ("Grantor"), and DOREWS FAMILY L M ED PARTNERSHIP, L.L.L.P., whose legal address is 85 Glen Garry Drive, of the County of Pitkin and State of Colorado ("Grantee") MTNESSETH: That the Grantor for and in consideration of the sum of TEN AND NO1100 DOLLARS (S10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby aclmwledged, hereby sells and conveys to the Grantee, its successors and assigns forever, the following real property in the County of Pitkin and State of Colorado: Block 21, Lot Q, City and Townsite of Aspen. Also knmm as 610 West Francis, Aspen, Colorado 8161 l . TOGETHER with al) its appurtenances and warrants title to the same SUBJECT TO AND EXCEPTING for general taxes for 1996 payable in 1997 and thereafter, Building and Zoning Regulations and those item of record recorded in the records of Pitkin County. IN WITNESS WHEREOF, the Gr-argor has executed this Deed on the date set forth above. VEJ & *PAR HIP, LLC By: Andrew . Doremus, Manager STATE OF COLCRADO ) ) ss. COUNTY OF PITKIN ) The &regowg GENERAL WARRANTY DEED was subwribed and sworn to before me this i (/,- day of August, 1996, by Andrew J. Doremus, Manager of VEJ & AJD Partnership, LLC. Witness my hand and official seal. My commission jAvejWved1otq c' Notary Publit, p.3 Jul 18 00 01:51p •Rndrew Doremus • 970-544-9632 96219 08.`1=0/96 Vic'; 7P PU 01Z 1 L �' - - �i SIL.VIr=H DAVIS F"1TKIN COUN Y CLERK RECDRGE,R r THIS DEED, made this 1 day of August, 1996- between VEJ z CKA PTNERSHM, LLC, of the County of Pitkin and State of Colorado ("Grantors), and �S FAMILY LIMITED PARTNERSHIP, L.L.L.P., whose )egal address is 85 Glen (',any Drive of the County ofPiddn and State of Colorado ("Granted,) z WITNESSETH: 4 E-4 That the Grantor for and in consideration deration of the sum of TEN AND NO/100 DOLLARS p ($10.00) and other good and valuaWe consideration, the receipt and sufficienc rnowledBed, hereby sells and conveys to the Grantee, y of wldcch is hereby its successors and assigns forever, the Owing real Property i n the County of Piticin and State of Colorado: ' Block 21. Lots R & S, City and Townsite of Aspen. a Also known as 600 West Francis, kAspen, Colorado 8I611. TUGE TIN with all its appurtenances and warrm►ts tine to the same SUBJECT TO AND EXCEPTING for general taxes for 1996 payable in 1997 and thereafter, Building and Zoning Regulations and those items of record recorded in the records of pid)dn County. IN Z�VITMESS WHEREOF, the Grantor has executed this Deed on the date above. set forth VET & AITY PARTNERS, ARTNERS LL By Andrew J. s, Manager �-- STATE OF COLORADO ) �' COUNTY OF PITKIN ss. } 7%? GENE, WARRANTY DEED was me this day of August 1996 subscribedand sworn to WoreLLC. , by Andrew J. Doremus, Manager of YFJ & AJD Partnership, ",'mess my hand and official seal. • , '••-4 commission expires: N061Y Pubhc p.2 1 0 0 1 n ' EXHIBIT # 5 1 1 1 1 I 1 0 0 City of Aspen Community Development Dept. 130 S. Galena Street ' Aspen, CO 81611-1975 IRE: The Doremus/Silverman Lot Split Application ' To whom it may concern: We hereby authorize Haas Land Planning, LLC, to act as our designated ' and authorized representative with respect to the land use application being submitted to your office for our properties located at 600, 610, and 612 West Francis Street. Mitch Haas is authorized to submit an application for a Lot Split Subdivision Exemption affecting our properties. He is also authorized to represent us in meetings with City of Aspen staff and the City Council. Should you have any need to contact us during the course of your review, please do so through our representative, Haas Land Planning, LLC, whose address and telephone number are included in the application. B: J k Silverman, Owner (612 W. Francis St.) '-612 West Francis Street Aspen, CO 81611 By: Je 6goremus, President (600 & 610 W. Francis St.) Doremus Management, Ltd., General Partner Doremus Family Limited Partnership, LLLP 85 Glen Garry Drive Aspen, CO 81611 11 11 C 1 EXHIBIT # 6 1 n 0 609 CORPORATION ICOLORADO CORPORATION O BOX 1819 SPEN, CO 81612 1AKERLILLIANA 34 W HALLAM ST IS PEN, CO 81611 ICH ROBERT I ICH JANET S 319 N FOURTH ST tPEN, CO 81611 tRBIN MARCIA A BOX 9312 4SPEN, CO 81612 KEOU LUCY SHARP POLO CLUB CIR LAVER, CO 80209 :LYNN MICHAEL LAWRENCE 50% FW FRANCIS ST PEN, CO 81611 • ARMSTRONG ELIZABETH 621 W FRANCIS UNIT B ASPEN, CO 81611 BASS RAIFIEL 1 606 E HYMAN ASPEN, CO 81611 BLANK ROBERT S & NANCY L C/O WHITCOMB PARTNERS 110 W 51ST ST ROOM 4310 NEW YORK, NY 10020 CROWN TAPPER PATRICIA 5 POLO CLUB DR DENVER, CO 80209 DOREMUS FAMILY LTD PARTNERSHIP LLLP 85 GLEN GARRY DR ASPEN, CO 81611 GELL MANN MURRAY 70% GRAY HARRY & SHIRLEY TRUST 30% 1399 HYDE PARK RD SANTA FE, NM 87501 tGERMAN PASS EQUITY VENTURE HALL CHARLES L _LC PO BOX 1819 LEONARD WEINGLASS ASPEN, CO 81612 BOX 11509 t0PEN, CO 81612 kGHES GAIL 2 W FRANCIS %SPEN, CO 81611 WAEL CHARLES 8 BOX 11689 PEN, CO 81612 I <EY R BRILL & ELIZABETH R 6 W HALLAM ST PEN, CO 81611 IBBOTSON ANNE B 505 N 5TH ST ASPEN, CO 81611 KAFRISSEN ARTHUR & CAROLE F C/O CRIMINAL JUSTICE CENTER 1301 FILBERT ST :'"l420 PnIL%DEL P�':.^ P'? 19107 KOEHLER DAVID R TRUST 618 W SMUGGLER ST ASPEN, CO 81611 ASPEN GK LLC PO BOX 640 ASPEN, CO 81612 BERLINER ARTHUR S C/O WALDEN 750 BATTERY ST #700 SAN FRANCISCO, CA 94705 BROOKS LAURENE B SHERIDAN SUSAN B 421 DETROIT ST DENVER, CO 80206 DALY THOMAS J & JUDITH J 520 W HALLAM ST ASPEN, CO 81611 ERWIN GREGORY D 101 W FRANCIS ASPEN, CO 81611 GOLD RICHARD 300 ST PIERRE RD LOS ANGELES, CA 90024 HEWETT CHRISTOPHER PO BOX 2577 RANCHO SANTA FE, CA 92067 IGLEHART JAMES P 610 W HALLAM ST ASPEN, CO 81611 KENDALL RICHARD BECKER & LISA SEE 530 TIGERTAIL RD LOS ANGELES, CA 90049 KOVAL BARBARA TRUST 555 E DURANT AVE ASPEN, CO 81611-1856 LEWIS TOBY D 930 S WOODLAND RD RAKER HEIGHTS, OH 44122 tROLT MAXWE LL S PO BOX 1013 1SPEN, CO 81612 CLEAN CHARLES M PO BOX 11687 �SPEN, CO 81612-9478 tENK HENRY P & AGNES M DONNER WAY 1403 SALT LAKE CITY, LIT 84108 (ED CAROL 7 N FOURTH ST PEN, CO 81611 SILVERMAN JACK E W FRANCIS ST PEN, CO 81611 TARE NINA COULTER 34 CLERMONT LN ILOUIS, MO 63124 kIPPLE RALPH U & LYNNE C 5 GIBSON AVE 4SPEN, CO 81611 LOWREY JAMES E JR TRUSTEE MAC CARTHY LYNDA M 1390 ENCLAVE PKWY 626 W FRANCIS ST HOUSTON, TX 77077-2025 ASPEN, CO 81611 MARTIN JAMES R 1998 QUAL PERS RES MCCAUSLAND LINDA TRUST PO BOX 1584 C/O TRUST COMPANY OF KNOXVILLE ASPEN, CO 81612 TRUSTEE 620 MARKET ST #300 KNOXVILLE, TN 37902 MNI INC 57 BURNBANK STREET NEPEAN ONTARIO K2GOH2 CANADA, POPE WILLIAM H 540 W SMUGGLER ASPEN, CO 81611 RITCHIE ROBERT 701 W FRANCIS ST ASPEN, CO 81611 SMITH CHRISTOPHER H & LESLIE M PO BOX 130 SNOWMASS, CO 81654 WEST END III PARTNERSHIP LLC 420 W FRANCIS ST ASPEN, CO 81611 WILSON MARY ELIZABETH 630 WEST HALLAM STREET ASPEN, CO 81611 OXLEY DEBBY M 50% 1300 WILLIAMS TOWER 1 TULSA, OK 74103 RATNER DENNIS F 717 W FRANCIS ST ASPEN, CO 81611 SHAFROTH JOHN F 3901 E BELLEVIEW AVE LITTLETON, CO 80121 STAPLETON FAMILY LLLP 1350 MOUNTAIN VIEW DR ASPEN, CO 81611 WEST SMUGGLER LOT SPLIT LLC C/O LEONARD WEINGLASS PO BOX 11509 ASPEN, CO 81612 EXHIBIT # 7 1 d 11 1 I I 1 0 0 ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT ' Agreement for Payment of City of Aspen Developme ntAppli-cation Fees CITY OF ASPEN (hereinafter CITY) and M1L S1W%JW +-ft mmor.5my 6Mm_1P LLL? (hereinafter APPLICANT) AGREE AS FOLLOWS: ' 1. APP ICANT has submitted to CITY an application for t;-r _S0901 `s+0a &&hey aal (hereinafter, THE PROJECT). ' 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 45 (Series of 1999) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent ' to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it ' is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. ' APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. ' 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the ' Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 1 1 1 1 1 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 $ (� which is for 151)e i hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. 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, and in no case will building permits be issued until all costs associated with case processing have been paid. - CITY OF ASPEN By: Julie Ann Woods Community Development Director AHUOW"r. a --rr- 12/27/99 APPLICANT By. 7 o�.G15 � vtrrr�,cv�, Da . Mailing Address: ��� C)/6/i 1 n g7 V tb ©s o ,\ IrIV t , VICINITY MAPlr REPRODUCED FROM THE CITY OF ASPEN G.I.S. MAP I INCH - 200 FEET SCALE I INCH - 10 FEET IMEM 0 5 10 15 20 LEGEND d NOTES FOUND SURVEY MONUMENT REBAR WITH CAP AS NOTED l9 SPIKE OR P-K NAIL SURVEY CONTROL $ WOOD FENCE -k- SPLIT RAIL FENCE 0 UTILITY BOX 1959 OFFICIAL NAP OF THE CITY OF ASPEN WAS THE SOURCE OF SURVEY INFORMATION TITLE INFORMATION WAS FURNISHED BY: PITKIN COUNTY TITLE. INC. COMMITMENT NO. PCT-15089 DATED: MARCH 10. 2000 COMMITMENT NO. PCT-IISSSPR DATED: MAY 9. 2000 BASIS OF BEARINGS 15 375-09'I1'W 270.05FROM THE SOUTHEAST BLOCK CORNER TO THE SOUTHWEST BLOCK CORNER (CITY NONUBENTSI ZONING 15 R-6 AttnlDlls m MOPApO tM YOU Y.RT rnMQR ANr LE4LL 1CTION RAffD 1WOM AUNT WECI IN mlf RAT I,— THUM YFARM ATTU You FIRST plfmNEAtD — fEFtt . IN MO FYFXi. W Al1Y ACllgl EASED VM AW 06FR IN TNI, RAt IE m1fp4D IpEYT11W TEY TFYI rRW THE WTF a THE wHTlFlurla fxOVN rWAFaN. '/esr DORIERBIUS / S I LVIERMAN SUBDIVISION EXEMPTION SITUATED ON LOTS P. 0, R AND S. BLOCK 21. CITY AND TOWNSITE OF ASPEN. PITKIN COUNTY. COLORADO "'RANCI S ►/DTM 7i 72 INDEX SHEET 1 SITE PLAN. CERTIFICATES A VICINITY MAR SHEET 2 EXISTING CONDITIONS SET W. A REBAR YELLOW CAP '16129 RC' 15' WIT CON 84 oc ff S TR�e T CITY MONUMENT OWNER'S CERTIFICATE KNOW ALL MEN BY THESE PRESENTS THAT JACK E. SILVERMAN. BEING THE RECORD OWNER OF OF LOT P. BLOCK 21. CITY AND TORNSITE OF ASPEN. PITKIN COUNTY. COLORADO AND DOREMUS FAYI LY LING TED PARTNERSHIP. L.I.I.P. A COLORADO LIYI TED PARTNERSHIP BEING TIE RECORD OWNER OF LOTS 0. R AID S. BLOCK 21. CITY AND TOWNSITE OF ASPEN. PITKIN COIRKTT. COLORAGO. HAVE (IF I VIDEO AND REPLATTED SAID REAL PROPERTY INTO LOTS P AND O. BLOCK 21. CITY AND TOWNSITE OF ASPEN AND INTO LOTS R AND S. BLOCK 21. CITY AND TORNSITE OF ASPEN. EXECUTED THIS _ DAY OF _. 2000. DOREYIR FAMILY LIMITED PARTNERSHIP. L.L.L.P JACK E. SILVERMAN. OWNER .PARTNER STATE OF COLORADO 1 NN COUNTY OF PITKIN 1 THE FOREGO NO GWIER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF 2000. BY JACK E. SILVERMAN AS OWNER. WITNESS NY HAIR AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC STATE OF COLORADO 1 COUNT r OF PITKIN 1HN THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF 2000. BY AS PARTNER_ OF DOREIUS FAMILY LIMITED PARTNERSHIP. L.L.L.P. A COLORADO LIMITED PARTNERSHIP AS OW ER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC TITLE CERTIFICATE THE UNDERSIGNED. A DULY AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE. INC.. A TITLE COMPANY REGULARLY DOING BUSINESS IN PITKIN COUNTY. COLORADO DOES HEREBY CERTIFY THAT OWNER PEMSON LISTED AS OWR ON THIS PUT HOLDS FEE SHALE TITLE TO THE RI THIN DE" IBED REAL PROPERTY. FREE AND CLEAR OF ALL LIENS AND ENCRUMBRANCES EXCEPT THOSE LISTED ON THE IORTOAGEE-5 CERTIFICATE. ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS PLAT ARE TRUE. THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TIRE. N011 AN OPINION OF TITLE. NOR A GUARANTEE OF TITLE. AND IT IS UNDERSTOOD ANO AGREED THAT PITKIN COUNTY TITLE. INC.. NEITHER ASSUME NOR RILL BE CHARGED WITH ANT FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN. pATED: . 2000. VINCENT J. HIGENS. PRESIDENT PTR IN COUNTY TITLE. INC. 600 E. HOPKINS AVE. ASPEN. COLORADO $1611 COUNTY OF PIKTIN 1 THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2000 BY YINCEM J. HIGENS AS OF OF PITKIN COUNTY TITLE. INC. WITNESS MY HAND AND OFFICIAL SEAL COMM MY I SS ION EXPIRES: NOTARY PUBLIC SURVEYOR'S CERTIFICATE I. DAV ID W. M.BRIDE. HEREBY CERTIFY THAT IN MARCH 1000 AND JULY 2000. A SURVEY WAS PERFORMED UNDER MY DIRECTION AND SUPERVISION OF THE HEREON DESCRIBED PROPERTY. THE LOCATION AND DIMENSIONS OF THE BOUNDARY LINES. AND EASEMENTS SHOWN ON THE PITKIN COUNTY TITLE COMMITMENT PCT-15089. DATED MARCH 10. 2000 AND PCT-11 MSPR DATED MAY 9. 2000 ARE CORRECTLY SHOWN ON THIS PLAT. AND THAT THE PLAT ACCURATELY SHOWS THE LOCATION OF THE PROPERTY OUTSIDE 80UIDARIES AND INDIVIDUAL LOT LINES. THE CONTROL SURVEY PRECISION 6 GREATER THAN I:10.000 WITH AN ACCURACY TO 0.001 3 DIED THIS _ DAY OF . 2000 DAVID W. Mc BRIDE RLS 16129 ASPEN SURVEY ENGINEERS. INC. 210 5. GALENA ST. ASPEN. CO. 81611 CITY ENGINEER'S APPROVAL THIS PLAT WAS REVIEWED AND APPROVED BY Cl Tr OF ASPEN. THIS _ DAY OF THE CITY ENGINEER OF THE . 2000. CITY ENGINEER. NICK ADEN ASPEN CITY COUNCIL APPROVAL THIS PLAT WAS REVIEWED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ASPEN ON THIS _ DAr OF 2000 BY ORDINANCE NO. RECORDED AS RECEPTION NO. OF THE REAL ESTATE RECORDS OF PITKIN COUNTY. COLORADO. SIGNED THIS _ DAY OF 2000. ATTEST: RACIEL RICHARDS. MAYOR KATHRYN KOCH. CITY CLERK CLERK AND RECORDER'S ACCEPTANCE ACCEPTED FOR RECORDING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY. COLORADO AT _ O'CLOCK _.M. ON THIS _ DAY OF 2000 IN PLAT BOOK _ AT PAGE AS RECEPTION NUMBER CLERK AID RECORDER. SILVIA DAVIS PREPARED BY ASPEN SURVEY ENGINEERS 210 S. GALENA STREET ASPEN, COLO. 81611 PIONS/FAX 1970) 925-3816 jab no. 192218 JULY 19. 2000 fluoi �L SHEET I OF 2 J� 1 1 1 1 1 1 1 f 1 1 1 1 1 1 DORlEMlUS l S I LVIER\MAN SUBDIVISION EXEMPTION SET M. 1 REBAR YELLOW CAP '16129 R" 2.4 ROOF OVERHANG 15' WIT CDR ENCROACHMENT IN&OBUIILDING .'K/ O CROACH ENT /! 0. B� ocR BoiK: NA 9' !91 \_ S' N.'S• -' i — — — — — 96 — _ ALM CAP 2376 CONCRETE PATIO 3 LNCROOT OACIES ONTO 1 STORY WOOD HOUSE GRAYK \ \RE CAP 16129 2.AO0...AN(' T . S ,1 SJ / ENCROACHMENT ENT S TARRI CDIDDYI NI MSS / � ..... 1 STORY HOUSE 1 EN:RO UAILDI U jCULVERT I LOT s l� 20- / 97 R 6" LOT LOT P O W J AREA - 3.000 •/- SO.FT. AREA - 3.000 •/- SO.FT. ' $ 15" / o � B• � , n o f AREA • 6.ODO •/- 50.FT. J. - - 111???iii„'''`PPP---..-......111y6SSS"„``��� e • / T9 I STORY W000 0 ?f` •I • l�r . )S PANABODE / O - PATIO EIEY-96. J' /1 HOUSE l 0.9' / PATIO ONTO LOT 0 \ 0. 15' Y.S` CITY / `� MONUENT [ ! O �ORO BLOCK. PLANTER 70 SET 30. Go. I ti •/ ' - i ' / `r i I �f' ON 70►, S 7 'S. • R WALL •°p / I a - / •- 6 GRAVEL PARKING PROP COR O. �/ �. 0 35' FROM \ � o SHED V I •,�/, `�1 �98\ it ` ALM _ _ I \ \ GRAVEL PARKING ` 6� S 7S OR. I 25' \ SI O 30 ` }��Pb� E 60. \ ID WATER VALVE / `�-----_ \ CITY MONUMENT le% CERTIFICATION — 99 a \ CERTIFIED TO: PIT K IN COUNTY TITLE. INC. Ie \ DOREWS FAMILY LIMITED PARTNERSHIP. LLIP EppE IJ JACK SILVERMANPAY[yEN e I B. M. TOP 17 I. DAVID W. Mi BRIDE. A REGISTERED LAND SURVEYOR IN TIRE STATE OF 1 OF ROL90 EAD CULVERT / B SCALE 1 INCH - 10 FEET 0 5 10 15 20 CONTOUR INTERVAL IS I FOOT LEGEND 6 NOTES FOUND SURVEY MONUMENT REBAR VIM CAP AS NOTED b SPINE OR P-K NAIL SURVEY CONTROL POSTED ADDRESS IS "0610' $- WOOD FENCE f SPLIT RAIL FENCE ❑ UTILITY BOX 1959 OFFICIAL NAP OF THE CITY OF ASPEN WAS THE SOURCE OF SURVEY INFORMATION TITLE INFORMATION WAS FURNISHED BY: PITKIN COUNTY TITLE. INC. COMMITMENT NO. PCT-15089 DATED: MARCH 10. 2000 BASIS OF BEARINGS IS S75-09'II-W 270.05' FROM THE SOUTHEAST BLOCK CORNER TO THE SOUTHWEST BLOCK CORNER [CITY MDNUIEMTSI COLORADO DO HEREBY CERTIFY THAT THIS SURVEY WAS FIELD SURVEYED DO.0 DURING MARCH MOO ON THE GROUND OF THE PROPERTY !J� (` REGALLY DESCRIBED HEREON. AND 15 CORRECT BASED ON THE FIELD EVIDENCE C SHOWN AS FOUND HEREHE ON. AND THAT TME ARE NO DEISCREPANCIES. -_ \` J S COW ICTS. SHORTAGES IN AREA. BOUNDARY LINE CONFLICTS. ENCROACHMENTS. TH !N.72. EXISTING CONDITIONS OVERLAPPING OF IMPROVEMENTS. EASEMENTS OR RIGHTS OF WAY IN FIELD ' Te EVIDENCE OR KNOWN TO ME. EXCEPT AS HEREON SHOWN. UNDERGROUND UTILITIES 1A/'Lr WITH NO VISIBLE APPURTENANCES AND DOCUMENTS OF RECORD NOT FURNISHED TO THE SURVEYOR ARE EXCEPTED. THIS CERTIFICA71ON IS VOID UNLESS LOTS P. 0. R 6 S. BLOCK 21 WET STAMPED BY THE SEAL OF THE SURVEYOR. 51GNED THIS 19 DAY OF QUI-1 . CITY & TOWNS I TE OF ASPEN /2000. P I TK I N COUNTY. COLORADO DAVID W. MOBRIDE RLS 16129 _ PREPARED BY �— ASPEN SURVEY ENGINEERS. INC. AOCp011N TO OOLOAH00 W TO11 MNT CIAREMfE YIT LEALL A[TIRM GALENASTREET taIIDI 11 —.YwA— ASPEN. COLD. e1611 F—In P—uV1 MFAnT . RPEUOTNRROIm®U I.INIK THrFOU,N EMII NS PHONE/FAX 19701 925-3616 iUY : uNMNOU E-MAIL p •NbNre —I SHEET 2 OF 2 J ub — 15221A MARCH 29. 2000 VICINITY MA SCALE I INCH - 10 FEET 0 5 10 15 21 CITY MONUMEN LEGEND & NOTES O FOUND SURVEY MONUMENT REBAR WITH CAP AS NOTED B SPIKE OR P-K NAIL SURVEY CONTROL $ WOOD FENCE �— SPLIT RAIL FENCE ❑ UTILITY BOX 1959 OFFICIAL MAP OF THE CITY OF ASPEN WAS THE SOURCE OF SURVEY INFORMATION TITLE INFORMATION WAS FURNISHED BY: PITKIN COUNTY TITLE. INC. COMMITMENT NO. PCT-15089 DATED: MARCH 10. 2000 COMMITMENT NO. PCT-11855PR DATED: MAY 9. 2000 BASIS OF BEARINGS IS S75'09'11'W 270.05' FROM THE SOUTHEAST BLOCK CORNER TO THE SOUTHWEST BLOCK CORNER (CITY MONUMENTS) ZONING IS R-6 ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT. MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION OHM HEREON. FOOREMUS/SHLVERMAN ti B D I I I OEXEMPTION- SITUATED ON LOTS P. Q. R AND S. BLOCK 21. CITY AND TOWNSITE OF ASPEN. PITKIN COUNTY. COLORADO NcI S W' prN INDEX SHEET I SITE PLAN. CERTIFICATES 6 VICINITY MAP SHEET 2 EXISTING CONDITIONS SET N0. 4 REBAR YELLOW CAP '16129 WC' CITY MONUMENT � 16129 S T PLAT NOTES: TI. THIS SUBDIVISION EXEMPTION PLAT FOR A LOT SPLIT WAS PREPARED PURSUANT TO AND IN ACCORDANCE WITH ASPEN CITY COUNCIL ORDINANCE NUMBER 49. SERIES OF 2000. ORDINANCE NUMBER 49. SERIES OF 2000 IS RECORDED IN THE OFFICE OF THE PITKIN COUNTY CLERK AND RECORDER AS RECEPTION NUMBER _. AND THE SUBDIVISION EXEMPTION AGREEMENT PREPARED PURSUANT THERETO IS RECORDED AS RECEPTION NUMBER . DEVELOPMENT OF THE PROPERTIES DEPICTED HEREON IS SUBJECT TO THE TERMS AND PROVISIONS OF SAID ORDINANCE AND SAID SUBDIVISION EXEMPTION AGREEMENT. OWNER'S CERTIFICATE KNOW ALL MEN BY THESE PRESENTS THAT JACK E. SILVERMAN. BEING THE RECORD OWNER OF OF LOT P. BLOCK 21. CITY AND TOWNSITE OF ASPEN. PITKIN COUNTY. COLORADO AND DOREMUS FAMILY LIMITED PARTNERSHIP, L.L.L.P. A COLORADO LIMITED PARTNERSHIP BEING THE RECORD OWNER OF LOTS 0. R AND S. BLOCK 21. CITY AND TOWNSITE OF ASPEN. PITKIN COUNTY. COLORADO. HAVE RESUBDIVIDED AND REPLATTED SAID REAL PROPERTY INTO LOTS P AND 0. BLOCK 21. CITY AND TOWNSITE OF ASPEN AND INTO LOTS R AND S. BLOCK 21. CITY AND TOWNSITE OF ASPEN. EXECUTED THIS _ DAY OF . 2000 DOREMUS FAMILY LIMITED PARTNERSHIP. L.L.L.P. JACK E. SILVERMAN. OWNER .PARTNER STATE OF COLORADO ) lea COUNTY OF PITKIN 1 THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF 2000, BY JACK E. SILVERMAN AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC STATE OF COLORADO ) )Be COUNTY OF PITKIN ) THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF 2000, BY AS PARTNER_ OF DOREMUS FAMILY LIMITED PARTNERSHIP. L.L.L.P. A COLORADO LIMITED PARTNERSHIP AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC TITLE CERTIFICATE THE UNDERSIGNED, A DULY AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE. INC.. A TITLE COMPANY REGULARLY DOING BUSINESS IN PITKIN COUNTY. COLORADO DOES HEREBY CERTIFY THAT THE PERSON LISTED AS OWNER ON THIS PLAT HOLDS FEE SIMPLE TITLE TO THE WITHIN DESCRIBED REAL PROPERTY. FREE AND CLEAR OF ALL LIENS AND ENCRUMBRANCES EXCEPT THOSE LISTED ON THE MORTGAGEE'S CERTIFICATE. ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS PLAT ARE TRUE. THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE. NOR AN OPINION OF TITLE. NOR A GUARANTEE OF TITLE. AND IT IS UNDERSTOOD AND AGREED THAT PITKIN COUNTY TITLE. INC.. NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN. SATED: 2000. VINCENT J. HIGENS. PRESIDENT PITKIN COUNTY TITLE. INC. 600 E. HOPKINS AVE. ASPEN. COLORADO 81611 STATE OF COLORADO) )ae COUNTY OF PIKTIN ) THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF 2000 BY VNCENT J. HIGENS AS PRESIDENT OF PITKIN COUNTY TITLE.NC. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC SURVEYOR'S CERTIFICATE 4DAVID W. Mc BRIDE. HEREBY CERTIFY THAT IN MARCH 2O00 AND JULY 2000, A SURVEY PERFORMED UNDER MY DIRECTION AND SUPERVISION OF THE HEREON DESCRIBED PROPERTY. THE LOCATION AND DIMENSIONS OF THE BOUNDARY LINES. AND EASEMENTS SHOWN ON THE PITKIN COUNTY TITLE COMMITMENT PCT-15089. DATED MARCH 10. 2000 AND PCT-11865PR DATED MAY 9. 2000 ARE CORRECTLY SHOWN ON THIS PLAT. AND THAT THE PLAT ACCURATELY SHOWS THE LOCATION OF THE PROPERTY OUTSIDE BOUNDARIES AND INDIVIDUAL LOT LINES. THE CONTROL SURVEY PRECISION IS GREATER THAN 1:10.000 WITH AN ACCURACY TO 0.001 SIGNED THIS _ DAY Of . 2000 DAVID W. McBRIDE RLS 16129 ASPEN SURVEY ENGINEERS. INC. 210 S. GALENA ST. ASPEN. CO. 81611 CITY ENGINEER'S APPROVAL THIS PLAT WAS REVIEWED AND APPROVED BY THE CITY ENGINEER OF THE CITY OF ASPEN. THIS DAY OF . 2000. CITY ENGINEER. NICK ADEH ASPEN CITY COUNCIL APPROVAL THIS PLAT WAS REVIEWED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ASPEN ON THIS 23 DAY OF OCTOBER. 2000 BY ORDINANCE NO. 49 SERIES 2000 RECORDED AS RECEPTION NO. OF THE REAL ESTATE RECORDS OF PITKIN COUNTY. COLORADO. SIGNED THIS _ DAY OF 2000. ATTEST: RACHEL RICHARDS. MAYOR KATHRYN KOCH, CITY CLERK CLERK AND RECORDER'S ACCEPTANCE ACCEPTED FOR RECORDING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY. COLORADO AT _ O'CLOCK _.M. ON THIS _ DAY OF 2000 IN PLAT BOOK AT PAGE AS RECEPTION NUMBER CLERK AND RECORDER. SILVIA DAVIS PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 S. GALENA STREET ASPEN. COLO. 81611 PHONE/FAX (970) 925-3816 job no. 192218 JULY 19. 2000 REVISED NOV. 27. 2000 SHEET I OF 2 El STARRI CONDOMINIUMS 8' CITY MONUMENT RECORD B LOCK 270.00. DOREMUS/S.HLVERMAN SUBDHVHSION EXEMPTHOA 2.4' ROOF OVERHANG ENCROACHMENT A 1.4' BUILDING ENCROACHMENT > O' 90NC NA ' W/W SHER 7S 19 9194 75°Og 1 1 It o v ` , W 00 CONCRETE PATIO cy 2 ENCROACHES ONTO I STORY WOOD HOUSE i LOT 0 , S 25 v 2 STORY HOUSE LOT P AREA - 3.000 -/- SQ.F T./ PATIO ELEV-96.3' PATIO PLANTER GRAVEL PARKING 30 CERTIFICATION CERTIFIED TO: PITKIN COUNTY TITLE. INC. DOREMUS FAMILY LIMITED PARTNERSHIP. LLLP JACK SILVERMAN I. DAVID W. MOBRIDE. A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO DO HEREBY CERTIFY THAT THIS SURVEY WAS FIELD SURVEYED DURING MARCH 2O00 ON THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON. AND IS CORRECT BASED ON THE FIELD EVIDENCE SHOWN AS FOUND HEREON. AND THAT THERE ARE NO DEISCREPANCIES. CONFLICTS. SHORTAGES IN AREA. BOUNDARY LINE CONFLICTS. ENCROACHMENTS, OVERLAPPING OF IMPROVEMENTS. EASEMENTS OR RIGHTS OF WAY IN FIELD EVIDENCE OR KNOWN TO ME. EXCEPT AS HEREON SHOWN. UNDERGROUND UTILITIES WITH NO VISIBLE APPURTENANCES AND DOCUMENTS OF RECORD NOT FURNISHED TO THE SURVEYOR ARE EXCEPTED. THIS CERTIFICATION IS VOID UNLESS WET STAMPED BY THE SEAL OF THE SURVEYOR. SIGNED THIS _ DAY OF . 2000. DAVID W. McBRIDE RLS 16129 ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT. MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. ON TOPS WALL PROP COR 35FROM SET NO. 4 REBAR YELLOW CAP '16129 WC" 15' WIT COR O k OCk 2J ). 0. \ ALUM CAP 2376 96 --_. "EpC'E OF l GR^ VEL \ h, / 2.7' ROOF OVERHANG 53 g ,` ENCROACHMENT / 1.6' BUILDING ENCROACHMENT \ LOT- R7 / l ^ LOT 0 \ 4P 16129 b\ TELE\ CULVERT \ I \ 20' 1✓,LIYVI-,/ �ry / 0 II I 2 ") 8(� ' ch O ,AREA - 6.000 •/ SQ.FT. /S• - I 8• '00,� - I STORY WOOD PANABODE • �/ 14 - HOUSE / 0.15' 4.S` 14.8. / O 5_ h� ? / \ f•• � _ lo 0 0 SHED j �98 I �l `ALUM 98 \ \ GRAVEL PARKING 24Z6' S 75 09.t 1 25' 30 E 60, / WATER VALVE / — C!TY MONUMENT 18 j L0r C. AREA - 3.000 •/- SO.FT. /1 0.8' ONTO / LOT Q v G31 0 SCALE I INCH - 10 FEET 0 5 10 IS 20 CONTOUR INTERVAL IS I FOOT LEGEND & NOTES O FOUND SURVEY MONUMENT REBAR WITH CAP AS NOTED 9 SPIKE OR P-K NAIL SURVEY CONTROL POSTED ADDRESS IS '0610' -9- WOOD FENCE -A SPLIT RAIL FENCE ❑ UTILITY BOX 1959 OFFICIAL MAP OF THE CITY OF ASPEN WAS THE SOURCE OF SURVEY INFORMATION TITLE INFORMATION WAS FURNISHED BY: PITKIN COUNTY TITLE. INC. COMMITMENT NO. PCT-15089 DATED: MARCH 10. 2000 BASIS OF BEARINGS IS S75'09'II'W 270.05' FROM THE SOUTHEAST Is BLOCK CORNER TO THE SOUTHWEST BLOCK CORNER (CITY MONUMENTS) \\ _-- 99 _"' 13- \ 18 18 13 FpGE OF p^VEMENT 8 16 T.B.M. TOP 17 CULVERT OF ROUNDHEAD 100.0 16- !! 1 wlD T/� 74 72 T��,Er EXISTING CONDITIONS s LOTS P. 0. R & S. BLOCK 21 CITY & TOWNSITE OF ASPEN PITKIN COUNTY. COLORADO PREPARED BY ASPEN SURVEY ENGINEERS. INC. 210 S. GALENA STREET ASPEN. COLO. 61611 PHONE/FAX (970) 925-3816 E-MAIL pluwber0(.00t SHEET 2 OF 2 job no. 15221A MARCH 29. 2000 D O R IM U/ S I I . V I : R M A N SUBDHVHSHON 1: l: M1' 1 I O N BAR EN SET NO. 4 YELLOW CAP'16129WC' 2.4' ROOF OVERHANG 15' WIT COR • •• ENCROACHMENT 1.4' BUILDING L j �Y O ENCROACHMENT - : e O,QO., ....... L pCf� OONC ,NA W--` ^ /W/� SHER /g"91a4' t N 7 S°9.11 v .00. \ _ 9 ALUM CAP 2376 96 o EDGE \ \ p CONCRETE PATIO w GR 2 ENCROACHES ONTO OF / AVfL LOT 0 °� 1 STORY WOOD HOUSE SCALE / RED CAP 16129 1 INCH - 10 FEET 2S M/ B 2.7' ROOF OVERHANG 0 5 10 IS 20 3 2 5 S 2 9. 2 9 ENCROACHMENT / 1.6' BUILDING TELt� j,CIULVERT-- CONTOUR INTERVAL IS I FOOT STARRI CONDOMINIUMS 2 STORY HOUSE �/ ENCROACHMENT / nor s I 20 " I P p 1 ^ \ 4J 97 R �ry AREA - 3.000 •/- SO.FT. � AREA - 3.000 •/- SO.FT. a o / 15,/ o O - 6.000 •/- SO.FT, •/S• - /AREA I /9 1` 1 STORY WOOD ib 10. / O - I• , �> I PANABODE PATIO ELEV-96.3'� ONTO / I HOUSE PATIO LOT 0 y. \ - 0.15' ? s, 19.8 / CITY MONUMENT RECORD BLOCK PLANTER v P \4 h \ V \ • , j / �` 27000,S, ! gs• / fi In'i I v/ 30.00. �ti e . . • % SF 1 6 G� S �S° 0.0 S ON TOAD 0- NE WALL 9. 1 <?_ j GRAVEL PARKING A 'PROP COR" 0 35' FROM 0 I / co 30 ;i \ �a SHED o 1 \ \ALUM 6 _ _ — 98 i x \ \ �•� 30 GRAVEL PARKING S 7S 09.1 25' E 60, U / \ � I � 18' WATER VALVE / CITY MONUMENT L CERTIFICATION CERTIFIED TO: PITKIN COUNTY TITLE. INC. DOREMUS FAMILY LIMITED PARTNERSHIP. LLLP JACK SILVERMAN I. DAVID W. McBRIDE. A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO DO HEREBY CERTIFY THAT THIS SURVEY WAS FIELD SURVEYED DURING MARCH 2O00 ON THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON. AND IS CORRECT BASED ON THE FIELD EVIDENCE SHOWN AS FOUND HEREON. AND THAT THERE ARE NO DEISCREPANCIES. CONFLICTS. SHORTAGES IN AREA. BOUNDARY LINE CONFLICTS. ENCROACHMENTS. OVERLAPPING OF IMPROVEMENTS. EASEMENTS OR RIGHTS OF WAY IN FIELD EVIDENCE OR KNOWN TO ME. EXCEPT AS HEREON SHOWN. UNDERGROUND UTILITIES WITH NO VISIBLE APPURTENANCES AND DOCUMENTS OF RECORD NOT FURNISHED TO THE SURVEYOR ARE EXCEPTED. THIS CERTIFICATION IS VOID UNLESS WET STAMPED BY THE SEAL OF THE SURVEYOR. SIGNED THIS 19 DAY OF SJUi-i . 2000. DAVID W. McBRIDE RLS 16129 ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT. MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 99 13, 18 18 13 %/11� 6 EDGE OF P�1 VfMENT T.B.M. TOP 17 i T OF ROUNDHEAD CULVERT - 100.0' 9 LEGEND & NOTES ♦ FOUND SURVEY MONUMENT REBAR WITH CAP AS NOTED B SPIKE OR P-K NAIL SURVEY CONTROL POSTED ADDRESS IS -0610' -�- WOOD FENCE —� SPLIT RAIL FENCE ❑ UTILITY BOX 1959 OFFICIAL MAP OF THE CITY OF ASPEN WAS THE SOURCE OF SURVEY INFORMATION TITLE INFORMATION WAS FURNISHED BY: PITKIN COUNTY TITLE. INC. COMMITMENT NO. PCT-15089 DATED: MARCH 10. 2000 BASIS OF BEARINGS IS S75°09'II'W 270.05' FROM THE SOUTHEAST BLOCK CORNER TO THE SOUTHWEST BLOCK CORNER (CITY MONUMENTS) I �tif Fy,41VC 5. 16- W/DTH 74 I S EXISTING CONDITIONS 72 �y T LOTS P. O. R & S. BLOCK 21 CITY & TOWNSITE OF ASPEN PITKIN COUNTY, COLORADO PREPARED BY ASPEN SURVEY ENGINEERS. INC. 210 S. GALENA STREET ASPEN. COLO. 81611 PHONE/FAX (970) 925-3816 E-MAIL plumborof.net S H E T 2 OF 2 job no. 15221A MARCH 29. 2000 906 / u l4� if } AV* �; _... ��... i 7Z, ,i l p VICINITY MAP REPRODUCED FROM THE CITY OF ASPEN G.I.S. MAP I INCH - 200 FEET SCALE I INCH - 10 FEET STARRI CONDOMINIUMS RECORD BLOCK ZOO 0p LEGEND & NOTES ® FOUND SURVEY MONUMENT REBAR WITH CAP AS NOTED T SPIKE OR P-K NAIL SURVEY CONTROL ti $ WOOD FENCE —� SPLIT RAIL FENCE ❑ UTILITY BOX 1959 OFFICIAL MAP OF THE CITY OF ASPEN WAS THE SOURCE OF SURVEY INFORMATION TITLE INFORMATION WAS FURNISHED BY: PITKIN COUNTY TITLE. INC. COMMITMENT NO. PCT-15089 DATED: MARCH 10. 2000 COMMITMENT NO. PCT-11855PR DATED: MAY 9. 2000 BASIS OF BEARINGS IS S75°09'II-W 270.05' FROM THE SOUTHEAST BLOCK CORNER TO THE SOUTHWEST BLOCK CORNER (CITY MONUMENTS) ZONING IS R-6 ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT. MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. D ® 1i V E li V J-L U O-Y / S H L V E R M A g V S U — L— H V I S H ® N E 6 lL E b V Ji JS 1L H ® 2L V SITUATED ON LOTS P. 0. R AND S. BLOCK 21. CITY AND TOWNSITE OF ASPEN. PITKIN COUNTY. COLORADO OWNER'S CERTIFICATE PRA cIS W 10TH 74. 72 . INDEX SHEET I SITE PLAN. CERTIFICATES 6 VICINITY MAP SHEET 2 EXISTING CONDITIONS SET NO. 4 REBAR YELLOW CAP '16129 WC' 15' WIT COR ` O s 2'5 Og ,I E 60.00. S T�rr--.� �T CITY MONUMENT 16129 KNOW ALL MEN BY THESE PRESENTS THAT JACK E. SILVERMAN. BEING THE RECORD OWNER OF OF LOT P. BLOCK 21. CITY AND TOWNSITE OF ASPEN. PITKIN COUNTY. COLORADO AND DOREMUS FAMILY LIMITED PARTNERSHIP. L.L.L.P. A COLORADO LIMITED PARTNERSHIP BEING THE RECORD OWNER OF LOTS 0. R AND S. BLOCK 21. CITY AND TOWNSITE OF ASPEN. PITKIN COUNTY. COLORADO. HAVE RESUBDIVIDED AND REPLATTED SAID REAL PROPERTY INTO LOTS P AND 0. BLOCK 21. CITY AND TOWNSITE OF ASPEN AND INTO LOTS R AND S. BLOCK 21. CITY AND TOWNSITE OF ASPEN. EXECUTED THIS — DAY OF . 2000. DOREMUS FAMILY LIMITED PARTNERSHIP, L.L.L.P. JACK E. SILVERMAN. OWNER PARTNER STATE OF COLORADO ) )95 COUNTY OF PITKIN ) THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF 2000. BY JACK E. SILVERMAN AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC STATE OF COLORADO ) )68 COUNTY OF PITKIN ) THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF 2000, BY AS PARTNER_ OF DOREMUS FAMILY LIMITED PARTNERSHIP. L.L.L.P. A COLORADO LIMITED PARTNERSHIP AS OWNER. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC TITLE CERTIFICATE THE UNDERSIGNED. A DULY AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE. INC.. A TITLE COMPANY REGULARLY DOING BUSINESS IN PITKIN COUNTY. COLORADO DOES HEREBY CERTIFY THAT THE PERSON LISTED AS OWNER ON THIS PLAT HOLDS FEE SIMPLE TITLE TO THE WITHIN DESCRIBED REAL PROPERTY. FREE AND CLEAR OF ALL LIENS AND ENCRUMBRANCES EXCEPT THOSE LISTED ON THE MORTGAGEE'S CERTIFICATE. ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS PLAT ARE TRUE. THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE. NOR AN OPINION OF TITLE. NOR A GUARANTEE OF TITLE. AND IT IS UNDERSTOOD AND AGREED THAT PITKIN COUNTY TITLE. INC.. NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN, DATED: 2000. VINCENT J. HIGENS. PRESIDENT PITKIN COUNTY TITLE. INC. 600 E. HOPKINS AVE. ASPEN, COLORADO 81611 STATE OF COLORADO) ias COUNTY OF PIKTIN ) THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF 2000 BY VINCENT J. HIGENS TK AS PRESIDENT OF PIIN COUNTY TITLE. INC. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC SURVEYOR'S CERTIFICATE I. DAVID W. McBRIDE. HEREBY CERTIFY THAT IN MARCH 2O00 AND JULY 2000. A SURVEY WAS PERFORMED UNDER MY DIRECTION AND SUPERVISION OF THE HEREON DESCRIBED PROPERTY. THE LOCATION AND DIMENSIONS OF THE BOUNDARY LINES. AND EASEMENTS SHOWN ON THE PITKIN COUNTY TITLE COMMITMENT PCT-15089. DATED MARCH 10. 2000 AND PCT-11865PR DATED MAY 9. 2000 ARE CORRECTLY SHOWN ON THIS PLAT. AND THAT THE PLAT ACCURATELY SHOWS THE LOCATION OF THE PROPERTY OUTSIDE BOUNDARIES AND INDIVIDUAL LOT LINES. THE CONTROL SURVEY PRECISION IS GREATER THAN 1:10.000 WITH AN ACCURACY TO 0.001 SIGNED THIS _ DAY OF . 2000. DAVID W. MCBRIDE RLS 16129 ASPEN SURVEY ENGINEERS. INC. 210 S. GALENA ST. ASPEN. CO. 81611 CITY ENGINEER'S APPROVAL THIS PLAT WAS REVIEWED AND APPROVED BY THE CITY ENGINEER OF THE CITY OF ASPEN. THIS DAY OF 2000. CITY ENGINEER. NICK ADEH ASPEN CITY COUNCIL APPROVAL THIS PLAT WAS REVIEWED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ASPEN ON THS _ DAY OF 2000 BY ORDINANCE NO. RECORDED AS RECEPTION NO. OF THE REAL ESTATE RECORDS OF PITKIN COUNTY. COLORADO. SIGNED THIS _ DAY OF 2000. RACHEL RICHARDS, MAYOR ATTEST:KATHRYN KOCH. CITY CLERK CLERK AND RECORDER'S ACCEPTANCE ACCEPTED FOR RECORDING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY. COLORADO AT _ O'CLOCK —.M. ON THIS _ DAY OF 2000 IN PLAT BOOK AT PAGE AS RECEPTION NUMBER CLERK AND RECORDER. SILVIA DAVIS PREPARED BY ASPEN SURVEY ENGINEERS 210 S. GALENA STREET ASPEN. COLO. 81611 PHONE/FAX (970) 925-3816 job no. 19221B JULY 19. 2000 SHEET I OF 2 INC.