HomeMy WebLinkAboutLanduse Case.EC.518 Spruce St.0014.2012.ASLU THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0014.2012.ASLU
PARCEL ID NUMBERS 2737 074 10 013
PROJECTS ADDRESS 518 SPRUCE ST
PLANNER SARA NADOLNY
CASE DESCRIPTION SUBDIVISION EXCEMPTION
(REFERRAL FEES TO ENGINEERING)
REPRESENTATIVE COLLEEN 618 3653
DATE OF FINAL ACTION 02/01/2013
CLOSED BY ANGELA SCOREY ON: 11/11/13
CITY OF ASPEN
RECFIVED
PRE-APPLICATION CONFERENCE SUMMARY MAI 0 9 2012
PLANNER: Chris Bendon clrX OF PROJECT: Burrow/Collins Subdivision Ex DATE: 3.5. UNITY EVES PA4E r
REPRESENTATIVE: Exemption - N
DESCRIPTION: The applicant is interested in filing a
subdivision exemption plat to correct what
appears to be a previous error. An access ;• q
easement to the landlocked ar i '
p cel (Lot B)
located behind Lot A is proposed on the -
plat. Staff recommends that the applicant
include the letter from the Community Development Director,
dated
the history of this lot in the applic tion. The Subdivision Exemption is 2009' regarding
application, p s 26,a an administrative
Relevant Land Use Code Section($): 26.304,
Common Development Review Procedures
Review by: Staff. 26.480.040,A Procedures for review
Public Hearing: No.
Referral Agencies: Engineering
S�tmmary of Review
Fees
pmnn/no ReyieXL&&dXQWg§&
Deposit Note type of review.(e.g.2-step,
Hours Rate subdivision
total
3 $315 Subdivision Exemption
$945
- 7`iri 'iii7rj
total
Engineering service billed at$265/hour,min. 1 hour.
$265
To Fees Due for Corg% /•+•• $1,210
To apply,submit the following information:
EO Total deposit for review of application.
0 Proof of ownership with payment.
0 Signed fee agreement.
0 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 authorized to act on behalf of the applicant.
Street address and legal description of the parcel on which development is proposed to
current certificate from a title insurance company, or attorney licensed topractice 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.
Uf Total deposit for review of the application.
0 2 Copies of the complete application packet and maps.
1� An 81/2"by 11"vicinity map locating the parcel within the City of Aspen.
❑ Copies of prior approvals.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zonin
which is subject to change in the future,and upon factual representations that may or may not be accurate. The summa g
does not create a legal or vested right. summary
Agreem fit to Pay Application Fees
An a reement between the Ci of Aspen("City")and
Property NC 6W ivy fj V ev ckji' phone No.:
Owner(Ty / (-�'ij1J� 1�- Q( - 3% 3
Email:CSI I Cn t of t SIaV/►-.�
Address of 1 I� Sont ce Property: S Billing (�S r1A Ce S} , �"'t�t
(subject of t.�TS c �. c Address:
application )� d t (send bills here
(�( )
1 understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications
and the payment of these fees is a condition precedent to determining application completeness. I understand
that as the property owner that I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these
flat fees are non-refundable.
$ flat fee for flat fee for
$ flat fee for flat fee for
For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed
project, it is not possible at this time to know the full extent or total costs involved in processing the application. I
understand that additional costs over and above the deposit may accrue. I understand and agree that it is
impracticable for City staff to complete processing, review, and presentation of sufficient information to enable
legally required findings to be made for project consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not
returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30
days of presentation of an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment.
I agree to pay the following initial deposit amounts for the specified hours of staff time. 1 understand that
of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs
exceed the initial de Payment
posit, I agree to pay additional monthly billings to the City to reimburse the City for the
processing of my application at the hourly rates hereinafter stated.G
$ t(deposit for % hours of Community Development De artmen
above the deposit amount will be billed at$315 per hour. P t staff time. Additional time
.
$�_�deposit for hours of Engineering Dep ent staff time. Additional time above th e deposit
amount will be billed at$265 per hour. �
0o
City of Aspen: Property Owner: 1If
.e ZA
Chris Bend on
Community Development Director
Name:
City Use: Title:
Fees Due:a Received:S
Pitkin County Title, Inc., a duly licenF Title Insurance Agent in the State of C rado hereby
ARTHUR BURROWS and COLLEEN COLLINS BURROWS are the owner's in fee simple of the following
described property: g
PARCEL 1
Lots 5 & 6,
Block 10,
WILLIAMS ADDITION
PARCEL H
A parcel of land described as follows:
Commencing at a point whence the center one-quarter(1/4)of Section 7, Township 10-Soutar,Range 84 Vest
bears N 12°11'58" W 1,008.04 feet; thence S 89'20'E 70.54 feet to a point; Gth P.M.
thence S 02'38'E 60.10 feet to a point;
thence N 89 120'W to a point;
thence N 00'40'E to the point of beginning.
ADDRESS ACCORDING TO THE PITKIN COUNTY ASSESSORS OFFICE: 518 SPRUCE STREET,
CO ASPEN,
ENCUMBRANCES:
Deed of Trust from : ARTHUR BURROWS and COLLEEN COLLINS BURROWS
To the Public Trustee of the County of PITKIN
For the use of : WASHINGTON MUTUAL BANK, FA
Original Amount : $683,000.00
Dated : August 7, 2003
Recorded : August 15, 2003
Reception No. : 487033
This certificate is not to be construed to be a guarantee of title and is fwmished for informational u oses
P rP only.
PITKIN COUNTY TITLE, INC.
BY:
authorized signature
CERTIFIED TO: April 10, 2009 at 8:00 A.M.
Job No. PCT22461 L
THIS DE* ED, made
this s Ju
ly 26, 2 �=
N
Between MAX E. VAUGHN and ALICE L. VAUGHN "
of the County of MESA, State of CO, GRANTOR,
AND ARTHUR BURROWS and COLLEEN COLLINS BURROWS G
whose legal address is: GRANTEE
'� t O A�. J'Yl r/! - A5 -P-rt L'C i(, r{
of the County of ������ , State of o Y ez "ej- 'D
WTNESSETH, That for and in consideration of the sum of ten dollars and other _
the receipt and sufficiency of which Is hereby acknowledged, the grantor has rante
conveyed, and by these presents does grant, bargain, sell and convey and con good and valuab
assigns forever, all the real roe g d, bargained, s property rty together with improvements, if any, situate and lying ndrbe,7
of Pitkin, State of COLORADO, described as follows:
See Attached Exhibit"A,
'��- TOGETHER with all and singular the hereditaments and appurtenances thereto belonging,
- appertaining, and the reversion and reversions, remainders, rents, issues and profits#ity
right, title, interest, claim and demand whatsoever of the grantor either in law or a f, i or in anywise
bargained premises, with the hereditaments and appurtenances. TO H hereof, and all tips es -`
above bargained and described, with the appurtenances, unto the grantee, To HOLD and to the a z-e-5
Grantor, for himself, his heirs and assigns,ith he does covenant, rant bargain,AVE AND TO HOLD the said v '" e.;
heirs and assigns, that at the time of the enseating and delivery of the presents,his heirs and assigns forever,, , ;-ae
,. 9 e and agree to and with the Grantor: s
above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance,well seized of the Premises n
n and has good right, full power and lawful authority to grant, bargain, sell and convey
L -— as aforesaid, and#hat the same are free and clear from ail former and other rants nCe� �n law, m fee simpe,
assessments, encumbrances and restrictions of whatever kind or nature er gr the same in manner and form
as Exhibit"B"is attached hereto and incorporated herein a reference. The rev ' bargains, sales, liens, taxes,
FOREVER DEFEND the above bargained premises in the quiet and peaceable r' except those matters as set forth
grantor shall and will WARRANT AND
heirs and assigns, against all and every person or persons lawfully claiming the whole
singular number shall include the plural, the plural the singular, and the use of �ossession�of the grantee, his
genders, a or any part thereof. The
IN W ITNE S gender shall be applicable to all
WHER F_th grantor has executed this deed.
MAX E. VAUGHN
ALICE L. VAUGHN
STATE OF�✓.�t�C7
COUNTY OF ss
R
The foregoing instrument was acknowledged before me thi � y,c�
day o
by MAX E. VAUGHN and ALICE L. VAUGHN.
aC.1_ 1
.._._,2000,
WITNESS my hand and official seal
my commission expires: )_/ p_ Y p
�4.,•• •N. Not Public
• :� :NIFER
oR nz �O
QO`'.0
P C
LEGAL DESCRIPTION
PARCEL 1
LOT 5 8,6,
BLOCK 10,
WILLIAMS ADDITION
PARCEL II
A parcel of land described as follows:
Commencing at a point whence the center one-quarter(114)of Section 7,Township 10 South, Range 84 West,
6th P.M. bears North 12 011'58"West 1,008.04 feet;thence South 89 020' East 70.54 feet to a point, therfce•South
02 038' East 60.10 feet to a point, thence North 89°20'West to a point; thence North 00 040'East to the point of
beginning.
i
BURROWS/COLLINS SUBDIVISION EXEMPTION
THE PURPOSE OF THIS SUBDIVISION EXEMPTION IS TO CLARIFY THE PROPERTY BOUNDARIES r
caAPlnc scAae AND TO DEMONSTRATE LEGAL ACCESS TO PARCEL B X �
PARCEL OF LAND CONSISTING OF LOTS S&8,BLOCK 10,WILLIAMS ADDITION
AND THE ADJOINING PARCEL WITHIN THE WILLIAMS ADDITION ANNEXATION, ~ :;.lspen " +� h
RECORDED IN BOOK 22 AT PAGE 15
w l. i
SECTION 7,TOWNSHIP 10 SOUTH RANGE 84 WEST OF THE 8TH P.M. ' 6
CITY OF ASPEN,COUNTY OF PITKIN,STATE OF COLORADO r ,'T `
.ate'M6j �''
F R n.¢sl
F _3
Y(rq
Sap OVE zaar S[p7pep� 10.'uM' I 1 .••.
n.a ViCINRY MAP
au�c t•_,m
ralo
W
[reR. �
7,e0asr.F. LOTS :o+® Na
\ Aaln rweOY°"iM.[Nmae x {_ " m 9 0.173!AC. :Am„
' N __ a6tor7eA. °we[A�ove 0.1021 AC. rota �4 ?
t
ti
--�tT .n_ 'r LOTS
x
.:.,. .. ux4�'"u play ma ACmerAroNVr xa Nan mx --------
\ «[barcop^E day'. _.�-maa. •st._ LL at•a^w83
I� aaN[a.� / T.m sacura[^1r Mara atawAaMNIT ——— = teA[e d —aa1 a.ar AAnta°"°n'x'
—— i �
\\\ ..".• I7 i at *[a. eTC — stav5ttt tta• W
i
jictllEMICAlEOFOWNEMMIP 0!
I i�wwMNQ.,[[t.Y,xoc weaatN p y�y I
TOtlb��� mail N�mLLOKi^1��µMRAtE 0 p4ayppTlR�blewalE�7�ry,M�Alnt tLL�A SIG MI: �_T.
MIM WRW mW YaCPi1g41NLY ®Nf011OlNOf?MeM
PLAT NOi83
SURVEYORS C 3nMgCA7g ![e1[R Ai M e000l1e[T OOw[l,Y Lot 4■[0.l 14 eelwle Am1wM m M 0.T'
t. eAta s efNFOe NN li[INLY[A e[ARx a M O IaOF v Wf e�.Vaei�a1D W`�NIa"aY Nv1oWt e6W iAT xatl
OTNI v Lm 4 A M6 0 ALLN AM CV u N0.]Nx iR�yp��j,[ouMgT IM 1K W 0•M 2 Tu NSA AtaiO M ME[M u[Y t[!a MC N NIC 1i1p6�,TIXE
NNfll R LOT 4 A ML ORN Nx W U M4 NN IaW x RApE N eMgN tN[G4 � IIAE O 4�,Nq �wa NxK,A x�� @'M'Oif Rm,¢T,TIa4 N•Vritt t.e]RLT W A,pIR Oal�t Mutt
crtr0FA3reR vxslnlEle RMEW
etw1ET.AWNTA Ox0. NIiNW ,LOa�NIIAI[� Yi
NL'Q MY eU,aM1q Mx 4MI[OIL wroM I[IOSAACN A,O y yaq R1N1EL NO lYt
•ip MN em RK11m AMO AwxT®T M 0.tt 0i L INM uMD Oi m ppax M,m41NKY IN[4[MMY frtl. EA�[la xD NIKI!FOAN V 110[i41W N M Yl[/R Nx®Ybl 1�[0I1ab
SY NIe1tY w eA1m W wMYwl•x11L M® N�WI a`Axa:wN AM,Lr.NIF I®AAll4a WNMO M Nilp[ar A L4K O'Mr19 xM[Nui M
l[3'OIwO N�I1 M4,IMe].M aL[e[w lOe TMN t:0.aa• M INF T�m Ay AU,L NVUry m t Wp yT,ya
leellna Ailgl eWelw Algnpy ANGA1Mx em[pm x em b d.AK 9M NIIax[al M A MNT 0
oAY 6 Ox; IAA mOGe�,'m'a,,p M R/6 N LMN,��1NRIL x0.Wlm tY-ls0 N YI!®NNFS I.W IDilt MMO MO fIL M�_61T m x�willY Mbl�OM[M1K W®TB1 WY6 m K
INRMT•wIa®
eT 4 �eWKY eW PRBN[D ntllNlT M[aO1T a'A llltE m1yTp}•t�� —� M.b11
11eaA AeAOOI R-att a ATaI a,4NFw, RgAelemO,t�� eMKn'[NLO'I,IIfI![n INK MOT®1
NT NID WIIIDI}I!L[
1 ��T swl wT Awcer a laaa M awmne Ior.MwA a[larANe pO
x ew m U
CEIY OF ASPEN COMMUI.n7y etnwoMe, ZZ
Ol8VELOPMENT DI RAPPROVAL T[1wl[xxeewloM, a. twos 3612 sn W
O�aWaeT��A���ty[1[1®MO AMeO'�iM arc a Aap ![IIOy
u�
� SR R06R7 CSRIiFICA7E °N�°r--'�„ dU 11
Asa aaeN.x ce+,aoxaY nnTa, - M� ya�lia o�tn,r n�lo ra lacam N MMarNa s �T --'� �U �G
M Iollmp
R'1sIW xt L aLi�]N�[apy�"ryo<a��4LY ORf:G�R soli N SIITm�®I ONgOp
W 0.1lesO,1 e,TeeR
�,p�ir°�i�7ixn_� aAI b0 IrDa[G MnOe WWM xp aM PaO.IERNO.
210164LA0
�mvtY x[T N�c
I OF1
cry 0
oil*--;-
Q { Al 1
1 � � 41 1
- -----, '002
3
3ao@" � 1lMt
wm n -
30100---- + 41
302647 _-
' 41 1
-- J i-
--------' ----
-� c---'�---__
Spruce plane TarNmi. -----------
PARK di
-- -- To nhhomes
Zpacis ,
319M 319001
` l SOUTH AVE
4017
� S
yy� J
-
\ , IIP11 J 405
207 s i
\\ 4 1a
4103 ' 4!0317
13
/ �i
101 13 O J
Al
107 MY210 i
f J 410232 }
-` !490111 490214 O � j >'/V-1;
,
*0106 r 4!0113 4!0 16
4!7�"
' ' - % n i � � } �\ 49017 ��•. �Al�22f; ;, .\,.,
Age"?
WILLIAMS ADDITION ANNEXATION
a
ut��£G
lk
N�O� 'pt.e1� •,t;°� Na �, o �N NpOM,�
H
o �
/1 16 1; MN66•4j9 / . O•Vt. 11 •O M,P, f ,�• � S _. i/�•��,�.�`�i�'.,rt
JA
a.ia p' ^tl • w• r ., N o o O„_,..... TT r
se't°~ 1 t t!n�, .tl' tl t" V a .�-°� a, o
o
1
to
•1•'. "Il, 1 ✓'" -
1 Ir •L�1. 1..1
�.•^"�le i_� '11 W tp! •,O L' s's.a ` W"'v.• .
s
SMUGGLER ENCLAVE
ANNEXATION TO THE
V �_sp�,N, ,.ae• CITY OF ASPEN
1.M 21'0]ol-L.ICt.]t' -
'r J
0 1,
?•• H'
L�J • •••�:Clo°C.
1 \ � �M.N � �Mli'll•n•L, 14.-22!
' '
a �. -�•Nt••ot�i•�L•tof.a!
0
H AAS LAND PLANNING , LLC
May 26, 2009
Mr. Chris Bendon, Director
Aspen Con-tmurtity Development Department
130 South Galena Street
Aspen, CO 81611
RE: Burrows Properties in the Williams Addition
Dear Chris:
As a follow-up to our discussions, I am sending this letter in an effort to
obtain written confirmation that the Burrows own two separate parcels that have
never merged. As you are aware, a similar letter to this and the exact supporting
documents provided herewith were submitted for the same purposes in
February of 2001 to then Cihl Planner, Nick Lelack, and then Corru-nunity
Development Director, Julie Ann Woods. Julie Ann Woods signed the letter on
March 1, 2001 indicating her agreement and confirmation that the subject parcels
have not merged and are, indeed, two separately developable properties subject
to the terms and provisions of the Aspen Land Use Code. As eight-plus years
have passed and neither Nick Lelack nor Julie Ann Woods is still with the Aspen
Con-irrtunitv Development Department, the Burrows would like to again confirm
these conclusions with you, the current Community Development Director. No
applicable rules or pertinent regulation,,; contained within the Aspen Land Use
Code have changed since the 2001 confirmation was signed.
The subject properties are described as Lots 5 and 6, Block 10 of the
Williams Addition, and an adjacent 0.100 acre metes and bounds parcel that was
acquired through adverse possession. Transfer of ownership for the 0.100 acre
parcel to the Vaugh.ris (who then owned Lots 5 and 6) was approved in 1974 by
the Board of County Comn-lissioners as an exerription from the definition of
subdivision (BOCC Resolution #74-7). The two properties are depicted on the
Williams Addition Annexation Plat (hereinafter, "the Plat"), which was recorded
in Book 22 at Page 15.
As mentioned above, the 0.100 acre metes and bounds parcel currently
owned by the Burrows was acquired by Eddie and Nona Vaughn, the then
owners of Lots 5 anti 6, Block 10, through adverse possession in 1973. The
• 201 N. MILL STREET, SUITE 106 ASPEN. COLORADO • 8161 1 -
• PHONE: (970) 925-7819 FAX: (970) 925-7395 -
Ma 26, 2009 Page 2
Burrotius Properties
adverse possession claim against Top of Aspen, Inc., went uncontested. The
upside-down "L" shaped parcel immediately to the north of said metes and
bounds parcel, as shown on the Plat, was similarly acquired by the then owner
(Mr. Thomas Kassler) of Lots 1-4, Block 10, through adverse possession at nearly
the same time that the Vaughns acquired their parcel. Later, in July of 1985, the
Board of County Commissioners approved the so-called Spruce Street
Subdivision (Plat recorded in Book 17 at Page 46), which divided the "L" shaped
parcel into two lots. This subdivision was accomplished independent of Lots 1-
4, Block 10, Williams Addition.
The fact that the Spruce Street Subdivision was approved independent of
Lots 1-4 of Block 10 is a fair and clear indication that the "L" shaped parcel and
Lots 1-4 had not merged in the County. Given that the circumstances of the "L"
shaped parcel and Lots 1-4 are virtually identical to those of the 0.100 acre parcel
and Lots 5 and 6, it follows that Lots 5 and 6 never merged with the 0.100 acre
parcel while in the County. This conclusion is further supported by the evidence
presented in the City's later annexation of the Williams Addition, as explained
below.
The Williams Addition Annexation was approved by the City Council
with the adoption of Ordinance Number 57, Series of 1988, and the Plat was
recorded in January of 1989. The Plat indicates that the subject properties were
annexed into the City as two parcels. That is, the Plat shows all merged
properties with dashed lines between the merged portions. For instance, Lots 5
and 6 of Block 10 have a solid line around their combined perimeter, but there is
a dashed line between the two in order to indicate that the two Iots have merged
into one. The metes and bounds parcel adjacent to Lots 5 and 6 has a solid
outline,with a solid line separating it from Lots 5 and 6.
There is no reason to believe Lots 5 and 6 would have merged with the
adjacent 0.100 acre metes and bounds property since annexation. The properties
were not in the City of Aspen on October 27, 1975, and, therefore, were not
subject to the City's merger ordinance. The City's merger ordinance has been
interpreted to have had a one-time effectiveness, meaning that contiguous lots
put under single ownership after the threshold date of October 27, 1975 did not
and do not merge. Consequently, since the properties were not even in the City
in 1975, the City's merger ordinance was not applicable; thus, ownership is not
an issue relative to the merger of lands in this case.
It would be greatly appreciated if you would re-confirm the foregoing
conclusions by signing on the space provided below. Your signature hereon will
not be construed to mean anything more or other than confirmation that subject
;VaY 26, 2009 Page 3
Burmii-s Properties
parcels have not merged and are, Indeed, two separately developable properties,
Subject to the terms and Provisions of-the Aspen Land Use Code. If you should
I,,-tvc alit/ questions, please do not hesitate to contact me.
I
Yours truly,
Haas Land Planning, LLC
Owner/Nlana�wr
Signed/Approved:
Date: (,/ -
8N3: Chris Bendon, Director'Aspen Community Development Department
cc: Art and Colleen Burrok%,---,, Owners
Lennie Oates, Legal Counsel
John Worcester, City Attorney
c-,illy doc%I I I I L-m'mh I I I I lilra I jVC'I i it IT,IA S-0)
`) ORDNANCE NO. 11
(Series of 1989)
AN ORDINAl,CE. C1F THE CITY OF ASPEN AMENDING DIVISION 2, SECTION 5-26I(A) (2) C C
IP L C , ARNI pJ PERTAINING
TO THE MINIMUM LOT AREA PER DWELLING I'--,;IT IN THE MODERATE DENSITY
RESIDENTIAL (R-6) ZONE DISTRICT
WHEREAS, the Planning and Zoning Commission recommended
enactment of a new zone district (R-6A) to provide the Williams
Addition property Owners the ability to construct a duplex on a
7, 500 sq. ft. lot and to provide 10 ft. side
Yard setbacks; and
WHEREAS, the Planning Office finds that an amendment to the
R-6 zone district allowing duplexes on recently annexed 7, 500 sq.
ft. lots would address the major concern of the Williams Addition
property owners and be a much simpler regulatory approach; and
(-_ WHEREAS , the City Council , having considered the
recommendation of the Planning Office and Planning Commission,
desires to amend Article 5, Division 2, Section 5-102 (A) (2 of
the Aspen gu )
P Land Use Regulations so as to allow duplexes on
recently annexed 7, 500 sq. ft, lots in the Moderate Density
Residential (R-6) zone district.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That Article 5, Division 2, Section 5-201 (A) (2) of Chapter
24 of the Municipal Code of the City of Aspen, Colorado bE
amended to read as follows:
112 . Minimum lot area per dwelling unit (sq. ft. ) :
detached residential dwelling: 6, 000
duplex: a duplex may be developed on a lot of 8, 000 sq.
f ft. that was subdivided as of April 28, 1975 .
may also be developed on a lot of 7, 5CO s A duplex
q. ft. the
was subdivided as of and annexed subsequent to January
1, 1989. Otherwise, the duplex must be developed with
a minimum lot area of 4 , 500 sq. ft. per dwelling unit,
unless the property contains a historic .landmark, in
which case a duplex or two detached residential
dwelling- may be developed with bed minimum
and breakfast,
3, 000 sq . ft . p
boardinghouse: no requirement. "
Section 2
That Article 5, Division 2 , Section 5-201 (A) (5) of Chapter
24 of the Municipal Code of the City of Aspen, Colorado be
amended to read as follows:
5 . Minimum side yard:
Minimum Size for Total of both
each side yard side yards
(sq.ft. ) ,
Lot Size (ft. ) (ft. )
0-4500 5 10 ft.
5 10 ft. , plus 1 foot for
4500-6000 each additional 300 sq.
ft. of lot area, to a
maximum of 15 feet of
total side yard.
6000-8000 5 15 ft. , plus 1 foot for
each additional 200 sq.
ft. of lot area, to a
maximum of 25 feet of
total side yard.
8000-10, 000 10 25 ft. , plus 1 foot for
each additional 200 sq.
ft. of lot area, to a
maximum of 35 feet of
total side yard.
15 35 ft. , plus 1 foot
10 , 000+ for each additional 400
sq. ft. of lot area, to
a maximum of 50 =eet of
total side yard.
The following requirements shall apply on a lot annexed
subsequent to January 1, 1989-
:f
2
Y
Minimum Size for Total of both
Lot Size each side yard side yards
(sq.ft. ) (ft. ) (ft. )
0-7500 10 20 ft.
7500-10, 000 10 20 ft. , plus 1 foot for
each additional 200 sq.
ft. of lot area, to a
maximum of 32 . 5 feet of
total side yard.
10, 000+ 15 32 . 5 ft. ,
plus 1 foot
for each additional 400
sq. ft. of lot area, to
a maximum of 50 feet of
total side yard.
Section 3
That the City Clerk is directed upon adoption of this
ordinance to record a copy in the office of the Pitkin County
Clerk and Recorder.
Section 4
If any section, subsection, sentence, clause, phrase or
portion of this ordinance 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.
Section 5
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinance in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
l
3
I
AMA
Section 6
A public hearing on the Ordinance .hall be held on the
day of _, 1989 , at 5: 00 P.M. in the City Council
Chambers, Aspen city Hall, Aspen, Colorado, fifteen (15) days
prior to which hearing notice of the same shall be published once
in a newspaper of general circulation within the City of Aspen.
IN`T'RODUCED, READ AND ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the day of _
1989 .
William L. Stirling, Mayor
ATTEST:
Kathryn. Koch, city Clerk
11. 1 1 p passed and approved this �� day of
FINALLY, adopted, p
1989 .
William L. Stirling, Mayor
ATTEST:
J
Kathryn Koch, city Clerk
pNNEX.R6.AMEND
4
} ORDINANCE NO. 12
1 (Series of 1989)
AN ORDINANCE ZONING AN AREA OF LAND KNOWN AS THE WILLIAMS
ADDITION ANNEXATION AREA GENERALLY LOCATED NORTHWEST OF PARK
CIRCLE, THE CITY OF ASPEN, PITKIN COUNTY, COLORADO TO R-6
WHEREAS, on January 9, 1989, the Aspen City Council adopted
Ordinance No. 57 (Series of 1988) annexing an area of land known
as the Williams Addition; and
WHEREAS, the City of Aspen has approved a resolution
indicating their intent to annex the Williams Addition
Subdivision; and
TgHEI-,EAS, the Aspen/Pitkin Planning Office notified property
owners within the Williams Addition Annexation area of a public
meeting on December 12, 1988 to discuss zoning for the area; and
WHEREAS, the Aspen Planning and Zoning Commission held a
duly noticed public hearing on January 161 1989 and February 21,
1989 to consider alternative zoning designations for the Williams
Addition; and
WHEREAS, the City Council has considered the recommendation
of the Planning and Zoning Commission and has determined the
Proposed zoning to be compatible with surrounding zone districts
and land use in the vicinity of the site.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That it does hereby z_ ne to R-6 the Williams Addition
Subdivision (Annexation Area) which is specifically described in
Attachment 1.
A
Section 2
That the Zoning District Map be amended to reflect the
zoning descri;Ded in Section 1 and the Planning Director be
authorized and directed to amend the map to reflect the zoning
change.
Section 3
That the City Clerk is directed upon adoption of this
ordinance to record a ccpy in the office of the Pitkin Count-
Clerk and Recorder.
Section 4
If any section, sub-section, sentence, clause, phrase or
portion of this. ordinance is for any reason held invalid or
unconstitutional by and court of competent jurisdiction, such
portion shall be deemed a separate, district and independent
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section .5
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinance in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 6
A public hearing on the. Ordinance shall be held on the �
D�`J
day of 1989 , at 5: 00 P.M. in the City Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days
prior to which hearing notice of the same shall be published once
2
in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the /.3I day of
1989 .
William L. Stirling, Mayor
ATTEST:
Kathryn Koch, City Clerk
FINALLY, adopted, passed and approved this day of
1989 .
i
William L. Stirling, Mayor
ATTEST:
Kathryn . Koch, City Clerk
CYIH:DS
ccord.williams.R6
i
3
"" --�-"t!?Ik' ,, ,"J"'
Sara M. Nadolny Vj ,,
Planner Tech
City of Aspen
Dept of Community Development
130 S.Galena St.
Aspen,CO 81611
ph: 970.429.2739
Sara,
I am approving the work and changes to the new revised plat of 518/516 Spruce Street that you spoke of
to Colleen in an email dated April 17.
Sorry,I got this email but was not clear as what exactly you needed to proceed due to a busy day here. If
you have any other questions or needs feel free to contact me. cell and email is;
aburrows@ajaxdesign.com 618-2054. Please include me in any future correspondence.
Please place this letter in our file for the replat of 518/516 Spruce street lots.
Sincerely yours,
C,4
Art Burrows
Aspen Fire Protection
420 East Hopkins
Aspen, CO
Me a RECEIVED
APR 19 2012
To: Colleen&Art Burrows CITY OF ASPEN
COMMUNITY DEVELOPMENT
From: Ed Van Walraven, Fire Marshal
Cr.-
Date: 2/25/2011
Re: Collins Lot Line Adjustment for plat approval
Dear Colleen,
As per our conversations regarding Lot A and B, Collins Lot Line Adjustment
and access to Lot B the following conditions must be met for approval.
1- Any structure, regardless of size or use, constructed on Lot B shall have an
approved fire sprinkler system installed
2- The garage with living space shall be removed or relocated in order to
accommodate the 12' access proposed for Lot B prior to construction
3- The access shall be realigned to compensate for the one foot house
encroachment, south lot line, as shown on the Plat
Please do not hesitate to contact me if you have any questions or concerns.
Thank you,
Ed Van Walraven
970-925-2690
1
Pagel of 3
Mitch Haas
From: Mitch Haas [mhaas @sopris.net] RECEIVEED
Sent: Thursday, July 29, 2010 10:01 AM
To: 'Tricia Aragon' APR 19 2012
Cc: 'ccollinsburrows @comcast.net' CITY OF ASPEN
Subject: RE: Driveway Easement COMMUNITY DEVELOPMENT
Hi Tricia. The property address is 518 Spruce Street. I think I found the answer in your Design
Guidelines (online), which I finally looked up yesterday afternoon. It says the private driveway
easement needs to have a width of 12 feet, which we can accommodate but really can't fit much
more than that given the location of existing structures and the overall width of the properties. As
for fire access, I think they'd be able to get at the lot from two sides (the driveway easement with
about 120' length, give or take, and the alley/driveway that runs right into the back lot from the
south --- from South Ave/Park Circle); they may need a fire hydrant installed though. You'll most
likely need to go over there and have a look as it's a bit too odd to explain.
Thanks,
Mitch
Mitch Haas
Haas Land Planning,LLC
201 N.Mill Street, Suite 108
Aspen,CO 81611
Phone:(970) 925-7819
Fax:(970)925-7395
Email:mhaas @sopris.net
Confidentiality note:The above email and any attachments contain information that may be confidential and/or privileged.The information is for the use of the individual or
entity originally intended.If you are not the intended recipient,any disclosure,copying,distribution or use of this information is prohibited.If this transmission is received in
error,please immediately notify the sender and delete this message and its attachments,if any.
From: Tricia Aragon [mailto:Tricia.Aragon @ci.aspen.co.us]
Sent: Thursday, July 29, 2010 8:48 AM
To: Mitch Haas
Subject: RE: Driveway Easement
Mitch,
Do you have an address for this?
I have started to look at this and yes we would like a 20 foot easement, but I understand that it's not possible.So I
want to look into the alley option some more.Also what about fire?Are they OK with 12 wide driveway?
Trish Aragon, P.E.
City Engineer
City of Aspen
130 S. Galena
Aspen, CO 81611
Phone: (970) 429-2785
1/20/2011
j: Page 2 of 3
Fax:
From: Mitch Haas [mailto:mhaas @sopris.net]
Sent: Tuesday, July 27, 2010 3:47 PM
To: Tricia Aragon
Subject: FW: Driveway Easement
Hi Tricia. I'm here this week but then I'll be out of town for 2'/z weeks, so I was hoping you might
be able to get back to me on the questions posed below sometime this week...please, please,
please. O
- Mitch
Mitch Naas
Naas Land Planning,LLC
201 N.Mill Street,Suite 108
Aspen,CO 81611
Phones(970)925-7819
Faxs(970)9257395
Emails mhaas@sepris.net
Confidentiality note:The above email and any attachments contain information that may be confidential and/or privileged.The information is for the use of the individual or
entity originally intended.If you are not the intended recipient,any disclosure,copying,distribution or use of this information is prohibited.If this transmission is received in
error,please immediately notify the sender and delete this message and its attachments,if any.
From: Mitch Haas [mailto:mhaas @sopris.net]
Sent: Wednesday, July 21, 2010 4:13 PM
To: Tricia Aragon'
Subject: Driveway Easement
Hey Tricia. I hope's well by you these days. I think you may have already heard from or spoken
with Colleen Burrows, but I'm following up as she doesn't always explain things real clearly. Her
property is on Spruce Street (lots 5 and 6, Block 10, Williams Addition and the adjoining Parcel
within the Williams Addition Annexation); see attached copy of the Improvement Survey. The
property actually consists of two separate lots, each with its own development rights and this has
been confirmed with Chris Bendon. Lot 5 and 6 make up a single parcel while Parcel B is a
separate, second lot. As you can see from the Improvement Survey, Lots 5/6 have only 50' of
frontage on Spruce Street and Parcel B has no frontage or legal access. I am working on
preparing a Lot Line Adjustment for these parcels (which may or may not include the neighbor to
the south so as to clean up/get rid of the house encroachment --- depends on the neighbor). As
part of the Lot Line adjustment, I'd like to go ahead and plat a private driveway easement through
Lots 5/6 to Parcel B, for the benefit of Parcel B; given the location of existing improvements, the
best place to plat this private driveway easement will be along the southerly property line. I'm
wondering if you have a minimum width requirement for a private driveway easement and, if so,
what is it? Obviously I have no room for a 20' easement nor do I intend to consume 33% of the lot
width with a private driveway easement running the entire depth of the lot. I'm hoping I can get by
with a 10-12 foot wide private driveway easement (even this will remain encumbered by the
existing garage structure until such gets torn down). Please try to get back to me at your earliest
convenience with your thoughts on all of this.
By the way, fire access to Parcel B can be gained either from Spruce Street or from the existing
driveway/alley at the rear, but the owners of the subject property do not maintain any right to use
that driveway/alley at the rear.
1/20/2011
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Sara Adams DATE: 09.17.10
PROJECT: 518 Spruce Street
REPRESENTATIVE: Mitch Haas, Haas Land Planning
970-925-7819
DESCRIPTION: The potential applicant is interested in
applying for a lot line adjustment to correct
what appears to be a previous error. An
access easement to the landlocked parcel `
(Lot B) located behind Lot A is proposed ' '+
on the plat. Staff recommends that the applicant include the letter from the Community
Development Director, dated May 26, 2009, regarding the history of this lot in the application.
The lot line adjustment is an administrative application.
Relevant Land Use Code Section(s): 26.304, Common Development Review Procedures
26.480.030.A.1 Lot line adjustment
Review by: Staff. 26.480.040.A Procedures for review
Public Hearing: No.
Referral Agencies: Engineering ($212).
Planning Fees: $735 deposit for 3 hours(additional hours billed at$225 per hour).
Referral Agency Fees: $212.
Total Deposit: $947.
Total Number of Application Copies: 2
To apply, submit the following information:
❑ Total deposit for review of application.
❑ Proof of ownership with payment.
❑ Signed fee agreement.
❑ 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 authorized to act on behalf of the applicant.
❑ 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.
❑ Total deposit for review of the application.
❑ 2 Copies of the complete application packet and maps.
❑ An 81/2"by 11"vicinity map locating the parcel within the City of Aspen.
❑ Site improvement survey 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.
(This requirement, or any part thereof, may be waived by the Community Development Department if the project is
determined not to warrant a survey document.)
❑ 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.
❑ Copies of prior approvals.
• Applications shall be provided in paper format(number of copies noted above) as well as the text only on a
Compact Disk(CD).
• Applicants are advised that building plans will be required to meet the International Building Code as adopted by
the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application
submittal addresses these building-related and accessibility regulations. You may contact the Building Department
at 920-5090 for additional information.
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.
(
File Edit Record Navigate Form Reports Format Tab Help
lix
Ju
Routing Status Fees Fee Summary Main Actions Attachments Routing jstory Valuation I ArchJErq Custom Fields Sub Permits I I► `
Permit type aslu 4 Aspen Land Use Permit# 0014.2012.ASLU
� � 1
AptjS
Address 518 SPRUCE ST crte
City ASPEN State CD P_ z' 81611
Permit Information I
Master permit Routing queue aslu07 Applied 3!12!2012
Project Status [pending Approved
40
Description APPLICATION FOR SUBDIVISION EXCEMPTION REFERRAL FEES TO ENGINEERING Issued C�
ClosedjFinal
Submitted COLLEEN 618 3653 Clock Running Days Expires 3tTC1013
Submitted via
_. Owner
` Last name BURROWS First name ARTHUR&COLLEEN PO BOX HH
ASPEN CO 81612
Phone (970)379-7109 Address
Applicant t
i. Owner is applicant? Contractor's applicant?
Last name BURROWS _ First name ARTHUR COLLEEN PO BOA HH
�� � ASPEN CO 81612
Phone (970)3794109 Cust# 29235 Address
Lender
Last name First name
E
Phone ( Address
ispl the tl
address AspenGold5(server) ar elas; �`l 1
a �- P