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HomeMy WebLinkAboutcoa.lu.ex.655 Meadows Rd.A022-00 - If . 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 f) A022-00 " 2735-121-13007 Anthony/Marquesee Lot Line Adjustment 655 Meadows Road James Lindt Subdivision Exemption H & C Marqusee Joseph Wells Withdrawn 8/3/01 J. Lindt 1""'\ i""'l .f"'.. r"') MEMORANDUM To: Joe Wells From: James Lindt, Planning Technician 0:L- Date: September 25, 2000 Re: Revised Anthony/ Marqusee Lot Line Adjustment Plat Changes 1. Required Engineering Department changes to Plat. Comments are attached; 2. Get rid of signature block for City Council and Planning and Zoning Commission. 3. Take Alley Block 8, and 8th Street off of the Plat and bring plat note 3 together so that it is not all broken up. 4. Plat note 3 should be amended to read as follows: "The City of Aspen vacated those portions of North and Eighth Streets included within lot one and lot two, Anthony/Marqusee Lot Line Adjustment pursuant to Ordinance No. 11, Series of 1993, and Ordinance No. 14, Series of 1997. The vacated Right-of-way for North Street may not be used for the sighting of structures pursuant to the Restrictive Covenants attached to Ordinance No. 11, Series of 1993. The may not presently be included in lot area calculations for the purposes of floor area calculations under the provisions of Section 26.575.020 of said code, provided, however, that such provisions may be amended in the future. The vacated portions of North and Eighth Streets shall not be subject to the restrictions and requirements of the Aspen Meadows S.P.A.! Subdivision. 5. An additional plat note should be added that states, "The portion of land zoned Academic shall not be used for floor area calculations on a residential dwellings because a residential dwelling is not a permitted or conditional use in the Academic Zone District." / ,......", (") MEMORANDUM To: James Lindt, Planner Ben Ludlow, Project Engineer-C:;:- ~ From: Date: April 3, 2000 Re: Anthony Marquesse Lot Line Adjustment 1. Date of survey must be shown to have occurred within the last 12 months. This information should be in the surveyor's certificate. . 2. A Title Policy needs to be included and dated to be within the last 12 months. 3. The Scale needs to be more clearly identified and labeled as so. 4. The lot areas need to be shown in acres within a tolerance of 0.001 acres. I"'~--- . .(, C!l il.. ...a ,;:. .. ,:) ..... ij; ...,;" i$ u o C, Q .:) . ~ tJ1 ~ ..0 \.. N llJ ij;..... U U llJ >- OC4J c: ....U .:) .. c: ..0 .... ....:,: 4J ft') -:-\ Ci"il.. .... .... ~ Co IJI .... .... 1'- > "=' llj "l ... ai > u') ..... f't') ." #(J) ''--.'' ^ ~ E-XI+IBfT II B/1 DECLARATION OF RESTRICTIVE COVENANTS REGARDING VACATED STREET ,I- THIS DECLARATION OF RESTRICTIVE COVENANTS is made this 2/- day of April, 1993, by CHARLES B. MARQUSEE AND HELGA MARQUSE~ ROBERT W. PULLEN AND ANNE W. PULLEN, JOHN NORTON AND ROBIN NORTON, I. MCA. CUNNINGHAM AND STIRLING AUCHINCLOSS COLGATE AND ROSEMARY WILLIAMSON COLGATE, Trustees of the S.A. and R.W. colgate Trust UfDfT, December 29, 1989 (the "Property Owners"). RECITALS: WHEREAS, the Property Owners are all of the owners of the lots abutting North Street between 7th Street and 8th Street; and WHEREAS, the City Council of the City of Aspen, Colorado, by its adoption of Ordinance No. 11 (Series of 1993) has vacated that portion of North Street shown on the map entitled "Map of Proposed Vacation" attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, as a condition of the adoption of Ordinance No. 11, the city Council of the City of Aspen requested that all of the Property Owners who shall receive the ownership and title to the land so vacated as provided in and by Section 43-2-302, C.R.S., restrict the vacated property (the "Restricted Property") against the construction or placement of structures, as hereinafter defined, on the vacated area. NOW, THEREFORE, for and in consideration of the foregoing, the Property Owners do hereby declare, covenant and restrict the Restricted Property, as follows: 1. Declaration of Restrictions. No structure shall be constructed, installed or otherwise placed on the Restricted Property. The term "structure" shall include a moveable building which can be used for housing, business, commercial, agricultural, or office purposes, either temporarily or permanently, roads, walkways, paths, fences, swimming pools, tennis courts, signs, sheds, and other accessory construction. "Structures" do not include fences or walls used as fences less than four (4) feet in height, underground lines, cables or other transmission or distribution facilities of public utilities. 2. Enforcement. The Property Owners hereby declare that any conveyance of the Restrictive Property shall be subject to the declaration and covenants set forth herein, and any and all future owners of the Restricted Property shall be bound hereby, and shall forever faithfully observe and perform the conditions, restrictions and obligations herein. If any of the Property Owners or any person or entity claiming under them, shall at any time violate or attempt to violate, or shall omit to perform or #358415 07/01/93 16:01 Rec $265.00 BK 71~ PG 632 Silvia Davi""""Pitkin Cnty Clerk, Doc $..~ f. . '." ., i .. ,j observe anyone of the foregoing restrictions, then the other Property Owners benefited by these restrictions, or the City of Aspen, shall be and is hereby entitled to institute and prosecute appropriate proceedings at law or an equity for the wrong done or attempted. Such rights and remedies shall expressly include, but not be limited to, the right to bring an action for the forced removal of any structure violating the provision of this Declaration and obtain injunctive relief against the continued violation of any of the restrictions contained herein, or both. The failure to enforce any provisions of this Declaration at any time shall not constitute a waiver of the right thereafter to enforce any such provision or any other provision of this Declaration. 3. Attornev's Fees. In the event the interpretation or enforcement of any of the terms, provisions, rights or obligations contained in this Declaration become the subject of litigation between the parties hereto, the prevail~ng party shall be entitled to recover its reasonable costs and attorney's fees incurred in connection with such litigation as a part of the judgment entered therein. 4. Duration. The Declaration of Restrictive Covenants contained herein shall run with the land and shall be binding on all parties having any right, title or interest in the Restricted Property or any part thereof, and their representatives, successors and assigns, in perpetuity. 5. Counterparts. This Declaration may be executed in one instrument, signed by all parties, or in counterparts, in which case all such counterparts together shall constitute one and the same instrument and Declaration, binding on all of the parties thereto, notwithstanding that all of the parties are not signatory to the original or the same counterpart. IN WITNESS WHEREOF, the Property Owners have executed this Declaration of Restrictive Covenants as of the day and year first written above. &~ ~.Il(~ Charles B. Marqusee Robert W. Pullen \~~ ~Q~"~ -' Helg arqus ~ -,- {. OWNERS: Lots A & B, Block 8; all fractional Townsite Lots located in Block 7 Anne W. Pullen OWNERS: Lots C & D, Block 8 j I "'L.:../ 2 .. .,..., '..... ",. "~'~"""""'_''''. ~".' .,,,,,.,'c' . , ~ .. ,.. .. .0 C!l il.. .00 ..0 ..... ij; ..J Oi u _ 0 '..J Cl C' . ~ 111 ;;i. ...0 ~ NllJ ij;..... U U llJ>- OC4J c: ....U C, .. c: ..0 .... .....;;i. 4J f"'). .""", Ci"il.. .... .... p e:, i.n ....... .""", 1'-> ,- 'li 1 '_ III <t .... 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J! ~ p: i ~ji -I' U~ iii Ii 'I'j iff! II!I Hil lfh 't)1 bl' H,l .1'1 "II UH 1""\, , / r1 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY* PLANNER: PROJECT: REPRESENTATIVE: OWNER: TYPE OF APPLICATION: DESCRIPTION: Nick Lelack, 920-5095 DATE: 10/29/99 Marqusee Lot Line Adjustment Joe Wells, 5448992 '''?~'?:>-J>-~"" H&C Marqusee Administrative review. Subdivision Exemption for lot line adjustment The Marqusee's want to give a narrow strip ofland dedicated as open space in the Aspen Meadows subdivision to two contiguous lots. The lot line adjustment will remain deed restricted open space, and will not contain development rights or increase the two lots' allowed floor area. land Use Code Section(s): Section 26.480.030(A)(1), Subdivision Exemptions -- lot Line Adjustment; Section 26.480.060, Final Subdivision Plat; and, Chapter 26.304, Common Development Review Procedures. Staff for Completeness, DRC for technical information, Community Development Di(ector for approval. No. Engineering. Planning Deposit ($460) --- this covers 2.5 hours of planning staff time: additional hours, if spent, will be billed at a rate of $1 85/hour, while if fewer than 2.5 hours are spent, the remainder of the deposit will be refunded as prorated ($ I 85/hr). Engineering ($160) $620 payable to the Aspen Community Development Department. Review by: Public Hearing: Referral Agencies: Planning Fees: Referral Fees: Total Deposit: To apply, submit the following information: I. Proof of ownership (for both properties) 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 ofthe representative 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 6. 3 Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = Ilea.; Planning Staff = 2 7. An 8 W' by 11" vicinity map locating the parcel within the City of Aspen. 8. 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.) 9. 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. 9205080. 10. A written description of the proposal and an explanation in written, graphic, or model form describing how the proposed development complies with each of 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. II. Copies of all prior approvals relevant to the site(s) of the proposal. If you should have any questions regarding the foregoing or should need assistance in any way, please do not hesitate to contact Nick Lelack at 920-5095, or bye-mail atnickl@ci.aspen.co.us. '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 mayor may not be accurate. The summary does not create a legal or vested right. 1""" ~. cb- I I ~--L~ 'oT COIIO "',io:;..<.,;.,,> D ~\0 NIVI/'J "dI:;l)t:;Qlg I-^iYllYH ~ H.l"ON G::;>IGmd ';,JO:J ~TI f--.f.;ldc;y ;f:i!t Iili1 iliI i :El <gj~W ,...A!~N~:))~^ -n1/i~C; .l~ C;:;J.l V.l<; c;,1~d Q;UI Nn (S\ C? [0 ~ f11 Ij) 2 co I t ~ ";,/:;n::x;(lI-^i<;' C{ Il.J \cJ \( \) & ~ t:J ,-,., '"""~"r'0'''''',*'''''''''''",,''%''''''" ~ N::)Ic;l;\la;Jm c;/vo:r\{:;j~ N:;JdC;Y :,;e "",1 ( '" J\NrrI-I()NY /:'l"IJ\I~ o \F '0 COMMUNnv DlEVlEILC THI~ AN"fHOHY/lvI,AJ<:::GAhE-E LC REVIEWED AND APf'ROVEO BY OF COlv1MUNITY DEVELOPM~I mF-J_________ DAy OF ________ DI-F OF ;:> (j~';" ~ r? 'V c"'<f/ @>.ol;,. c- ~ -- -- -- -- ()--. ~::--t o-;~ ~ 0 ::t Pf'ZE:Vlc:x.JOLY VKATW tl) ~ -z.:. R:::f<.Jla--lo OF EJ0HTH bT. '~O -- AND t-J~TH '01. RIGI-IT?' ~ );:-' OF'WA~ 4~15~. FT, . ". ,-~,~,. .,.~ - (?~::"';~~' ;,,,,,;,.,,..,,.,,,,.,,,,;.,,,,':J ~ fP ~ S'. ,."..,..".'.."".;"~ ,}T . . ~ t - 'f ~ '-5: --- ~ ~ '0 ~ ~ -- ..3, , l'-.. f'.. 8 '" ~ '" .r-- -r-\ ~ (' NORTH ~ ~,\ f. '+ --~.~-.;..----------- - tvlYCOJV1MI:::::t=JI' Wlf'jE:S':j M' ~."""'-"""""""',.._.-.,^.., ..,."--,...._>,.~,~--'"'---~&''"' -".;' 1 OWNlERS' . ClERT~f~CATlE ..._,....._...,)_....>.~....,.,"' _.......,"',>>.:'.....","""Wh,',;.h.'.~i."!,;;.~,':'.H"'W;:;;;0'tJ.ii'0.J:M;~'o/;t.2~';~" '-'''-,; , \'::JTATE C ; ca.Jt....II \~. TH~ fi \ DAY ( \ H~( fv1'( Vv KNOW J.J.J.... 1v1E1'-1 et( TJ--.jE::E FRe:?ENT'i? THAT 0-IARLE~ e;. MA-j<:CQU<::::JEE, ve:1r--.1C7 THE Qv\/NER OF F~O--l.AL LO"F-:7 G AND 1-1/ r:JL.C:GK 7/ CITY AND TO..N'I----l:"JITE OF A~PE.N/. ~61C0El1--1ER WITI-I TI-lEADJJ.GENTVACATED FDR1l ~ OF \---..I()RlH ~i AND EIGI-lll-l ~T~' 1l-1AT H ~ C M~E 1hC., A CCJLO~C::O ~110i'-1 (G-I~U=:?/B. ~Lb, .Es, .TRLb,~~l/._1?EJ~i+-Ic. OWNfJ<:. of OJrLOI 13 OF I HE A5fEN lV1~ FINAL ~.P.A. DE.VELOP!v1fr-lT PLAN AND FINAL CUl5Dl\f1-:?Ig-tPLAT A5 RECOf':Dc.D IN PLAT IXOk 25 AT ~. __ /" ~~e...=...,.,_' '....'nTLJl..T. II ~ IF' -k"A~1 FEI"-l t""'\ ~ #3~8415 07/01/93 16:01 Rec $265.00 BK 716 SILVIa DaVIS, Pitkin Cnty Clerk, Doc $.00 PG 658 ,/ I. MeA. Cunningham OWNERS: Lots E & F, Block 8 OWNERS: Unit A, LBH Association Condominiums, located on Lots G, H & I, Block 8 stirling Auchincloss Colgate as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 Rosemary Williamson Colgate, as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 OWNERS: Unit B, LBH Association Condominiums, located on Lots G, H & I, Block 8 STATE OF FLORIDA COUNTY OF ) ) ss. ) This instrument was acknowledged before me this day of April, 1993, by Charles B. Marqusee and Helga Marqusee:-- Witness my hand and official seal. My commission expires: Notary Public STATE OF COUNTY OF ) ) ss. ) This instrument was acknowledged before me this April, 1993 by Robert W. Pullen and Anne W. Pullen. day of Witness my hand and official seal. My commission expires: Notary Public \......-. 3 #35841~/01/93 16:01 Rec $265.00("';: 7~6 P13 635 Silvia Davis, pitkin Cnty Clerk, Do~ $.uO ..--.~. John Norton I. McA. Cunningham OWNERS: Lots E & F, Block 8 OWNER': unit A, LBH Association Condominiums, located on Lots G, H & I, Block 8 Robin Norton Rosemary Williamson Colgate, as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 stirling AuchinclossColgate as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 OWNERS: unit B, LBH Association Condominiums, located on Lots G, H & I, Block 8 STATE OF FLORIDA COUNTY OF ) ) ss. ) This instrument was acknowledged before me this day of April, 1993, by Charles B. Marqusee and Helga Marqusee:-- witness my hand and official seal. My commission expires: Notary Public COUNTY OF ) ) ss. ) STATE OF This instrument was acknowledged before me this April, 1993 by Robert W. Pullen and Anne W. Pullen. day of witness my hand and official seal. My commission expires: Notary Public 3 J "IUl';;:"IIT7 ~ ......~,~'-''''''''~''''''.-... "." .., .. ~--'"' "'''','''''''' ',-, .,.,. .,-~......_.....~ ......'...,....~"..-~ -..".,,, ....... """"-,"'''''-''''' .....".",.. #358415 Or;1/93 16:01 Rec $265.00 BK~~~ PG 636 Silvia Dav.s, Pitkin Cnty Clerk, Doc - John Norton I. McA.. Cunningham OWNEREl: Lots E & F, Block 8 OWNERS: Unit A, LBH Association Condominiums, located on Lots G, H & 1, Block'S Robin Norton ~/ C:1:1~ C/~ ~rffF ~4tirling AUChinc~lgate as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 OWNERS: unit B, LBH Association Condominiums, located on Lots G, H & I, Block 8 ~~ Rosemar Williamson C Igate,~ as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 STATE OF FLORIDA COUNTY OF ) ) ss. ) This instrument was acknowledged before me this day of April, 1993, by Charles B. Marqusee and Helga Marqusee:-- witness my hand and official seal. My commission expires: Notary Public STATE OF ) ) ss. ) COUNTY OF This instrument was acknowledged before me this April, 1993 by Robert W. Pullen and Anne W. Pullen. day of witness my hand and official seal. My commission expires:., Notary Public 3 ~ ,- - .. ..-...-..~---"'-"" ~~.- ...... ..---- -.... .... --". ..-.. "._" ..........._n....._..__...... ...-.........-...__...........~__.~...._............_.'_..........v.... . #3~8 ("\ . '"' 4. '07/01 S", ' - /93 16:01 R 1.LVIa Davis p't . ec , 1 kIn Cnty ~ C$265.00 Sf< 716 1 er k, Doc $. 00 PG 637 John Norton I. McA. Cunningham OWNERS: Lots E & F, Block 8 OWNERS: Unit A, LBH Association Condominiums, located on Lots G, H & I, Block 8 Robin Norton stirling Auchincloss Colgate as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 OWNERS: Unit B, LBH Association Condominiums, located on Lots G, H & I, Block 8 Rosemary Williamson Colgate, as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 . STATE OF FLORIDA ) COUNTY OF t?~ A~ ss. This instrument was acknowledged before me this I i~ay of April, 1993, by Charles B. Marqusee and Helga Marqusee:-- witness my hand and official seal. ~~ ommission expires: PAUL A. COHEN Notary Public - Stata of Florida My Comm. expires Nov 19,19114 Commission # CC 084475 STATE OF ) ) ss. ) COUNTY OF This instrument was acknowledged before me this April, 1993 by Robert W. Pullen and Anne W. Pullen. day of Witness my hand and official seal. My commission expires: Notary Public -- 3 ~ . . ~ #358415 ,_,7/01/93 16:01 Rec $265.00 7 716 PG 638 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 I. McA. Cunningham John Norton OWNERS: Unit A, LBH Association Condominiums, located on Lots G, H & I, Block 8 Robin Norton OWNERS: Lots E & F, Block 8 Stirling Auchincloss Colgate as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 OWNERS: Unit B, LBH Association Condominiums, located on Lots G, H & I, Block 8 Rosemary Williamson Colgate, as Trustee of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989 STATE OF FLORIDA ) ) ss. ) COUNTY OF This instrument was acknowledged before me this day of April, 1993, by Charles B. Marqusee and Helga Marquse~ witness my hand and official seal. My commission expires: Notary Public STATE OF Ie q.s COUNTY OF IJ 411.- jl,. 'i? S ) ) ss. ) This instrument was acknowledged before me this 1qT/l day of April, 1993 by Robert W. Pullen and Anne W. Pullen. Witness my hand and official seal. My commission expires: 4-a~~q0 N~~1~~ ~,-;:~!.~" GA YlA F. EVANS '" .. --..if,'-- g~*i.~ Notary Public. Slate of T~las -;,~... .l.~ My CommiSlion Expires , .,,....1'f!t,...~ '''''',,:r..~\\'' APRIL 23, 1997 3 " / ~",....., #358415 07/0r3 16:01 Rec $265.00 BK 71~G 639 Silvia Davis, Pitkin Cnty Clerk, Doc $.(X, STATE OF COLORADO ) ) ss. ) COUNTY OF PITKIN This instrument April, 1993, by John 50/- was acknowledged before me this -2/ --day of Norton and Robin Norton. . I' I; Witness my hand and official seal. My: commission expires: If) /z.. () /9?<> ~;/ No y Public t/ ~t4:" , , " ,",\!, 1'1 \\\. I'll /','! I' \ \f . < I'l' /,,: I STATE OF COLORADO ) ) ss. ) COUNTY OF PITKIN This instrument was acknowledged before me this April, 1993, by I. McA. Cunningham. Witness my hand and official seal. day of My commission expires: Notary Public STATE OF ) ) ss. ) COUNTY OF This instrument was acknowledged before me this day of April, 1993 by stirling Auchincloss Colgate and Rosemary Williamson Colgate as Trustees of the S.A. and R.W. Colgate Trust U/D/T, December 29, 1989. Witness my hand and official seal. My commission expires: Notary Public 11410. 4 ....-........-.......-......-............, .....;,................."...,.,...........'.,.,,~.,,''"'" t""\ ~ ,'".1 MEMORANDUM To: James Lindt, Planner ~ Ben Ludlow, Project Engineer From: I Date: April 3, 2000 Re: Anthony Marquesse Lot Line Adjustment 1. Date of survey must be shown to have occurred within the last 12 months. This information should be in the surveyor's certificate. 2. A Title Policy needs to be included and dated to be within the last 12 months. 3. The Scale needs to be more clearly identified and labeled as so. 4. The lot areas need to be shown in acres within a tolerance of 0.001 acres. 02/24/2000 09:35 FR:JM : J"ILP 1 NC 51;"-'21053 PHONE NO. ~ 970 925 8275' FEB. 23.2000 PAGE 01/01 11:59AM P 2 ASPENIPITKIN COMMUNITY DEVELOPMENT DEPARTMENT A~re.ment for Payment of City of Al<pan Development Application Fees CITY OF ASPEN (hereinafter CITY) and ~/e.:r If~" p~~ (hereinafter APPLICANf) AGREE AS FOLLOWS: . I APPLICANT ha. submitted to CITY an .. ':.r;oo .. (heremafter, THE 1>ROJECT). I- 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 49 (Serie, of 1998) e.tablishes a Cee structure for Land Use appliearlens and the payment of all processing fe.s is a condition precedent tb a determination of application completeness. 3, APPLICANT and CITY agree rhar because of me size, nature (Jt scope of the propOsed project, it is not possible at this time to ascertain the. CuU extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest oflbe parties that APPLICANT make paymont of an initial deposit and to lh....ailllr pennie adclirlonal COSlS to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may ac""'e following lheir hearings andlor approvals. APPLICANT agrees he will b. benefiled by retaining greater cll$h Ijq~idjty II:nd will ma~ additional payments ~pOn notification by the CITY when they are neoesgary as costs are inClllTed. CITY agrees il wUl be benetlted tbrough the grealer ceminty of recoverinl:: its I\J)I cosls to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impraoticable for CITY sraff to complete processing or present sufficient information to the Pllllllung COlIIlllission andlor City Council to enable the Planning Commission andlor City Council to make legally required finding, for proj""t consideratIon, unless currenr blllings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of it' right ro collect full fees prior ;;.a de~ination of appliOlltion completeness. APPLICANT shall pay an initial d01'061t in the amount of$ ,q;? which is for -,.- ____ hours of Community Development scaff time, and if actual recorded costs exceed the initial deposit, APPLlCANT shall pay additional monthly bjIJings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made witbin 30 days of the billing dale. APPLlCA:NT further agrees that fallure to pay such accrued COBle ,hall be grounds for ,uspenSion of proce'';Ug, and in uo case will building pennits be issued until aU costs associated with C~= processing have been paid, CITY OF ASPEN By: By; ~ JuUe Anu Wood. CQJJ1munity Development Direetor n_te; Mtl.~6# ~#'~4'f~C. ~E~ftl'l""'~~ ~, 4 'd"/Gtl , g;\suPPQrt\forms\agrpay.s.dot 3111/99 92-24-99 97:38 TO:COLDWELL BANKER ASPEN FROM:S6l482l9S3 P9l .1 ~ () () I. INTRODUCTION This application for administrative review of Subdivision Exemption for a lot line adjustment is filed on behalf of Charles Marqusee (owner of Lots G & H, Block 1 and associated vacated rights-of-way), Julie Anthony (owner of Lots A through F, Block 7 and associated vacated rights-of-way) and H & C Marqusee;Inc. (owner of Outlot B, according to the Aspen Meadows Final S. P. A. Development Plan and Final Subdivision Plat recorded in Plat Book 28 beginning at page 5). The owners of the three parcels have authorized this request for approval to merge the western portion of Outlot B with the land immediately to the south owned by Marqusee and to merge the eastern portion of Outlot B with the land immediately to the south owned by Anthony. Upon approval, the three parcels will be combined into two parcels designated as Lot One and Lot Two of the Anthony /Marqusee Lot Line Adjustment Plat. A draft of the Plat is being submitted for review with this application. Outlot B, which is a parcel which was zoned Academic when specific zone district categories were assigned to parcels within the Aspen Meadows SPA, was transferred to H & C Marqusee, Inc. as a consideration for the Marqusees' giving land for the right-of- way to allow the construction of New Meadows Road. The agreement by the Marqusees to give up land for the new:rdad right-of-way was instrumental in resolving a development pIan for the Aspen Meadows property, in that it provided an alternative access to the property other than what is now referred to as 01d Meadows Road, a portion of which has since been converted to a public trail. This agreement, in turn, resulted in the ownership of much of the land at the Meadows being returned from private hands to several of the important non-profit organizations whose facilities are at the Aspen Meadows. The transfer of Outlot B to the Marqusees was intended to provide a buffer of sorts for the Marqusees' parcels along the south side of the new street. Once New Meadows Road was completed, the City agreed that certain rights-of-way in the area were no longer needed and acted to vacate portions of the Eighth Street and North Street rights-of-way under two separate ordinances. Under the first of these, Ordinance No. 11, Series of 1993, the City vacated that portion of the North Street right- of-way lying to the east of the Eighth Street right-of-way and extending to Seventh Street. Under the second, Ordinance No. 14, Series of 1997, the City approved the 1 ,~ f} vacation of the remainder of the Eighth Street and North Street rights-of-way lying to the east of Old Meadows Road and to the south of Outlot B. The Marqusees now wish to divide Outlot B along the centerline of vacated Eighth Street in order to be in a position to give the eastern portion of Outlot B to Julie Anthony, who previously purchased the residence and the land in Block 7 from the Marqusees. This will lessen to some degree (by 6.81 feet, to be precise) the non- conformity as to the front yard setback on the Anthony Parcel which was created when the City approved the New Meadows Road in its present location. However, the applicants want to avoid the possibility of an interpretation in the future that as a result of the merger, the portion of the new lots lying to the south of the Aspen Townsite line have become subject to the provisions of the Aspen Meadows approval. Therefore notes clarifying that issue have been added to the draft Plat. 2 f'i () I II. SUBDIVISION (Chapter 26.480). Chapter 26.480 spells out the City's regulations regarding subdivisions. A. Exemptions (Sec. 26.480.030). Sec 26.480.030 identifies those activities which are exempted from the City's provisions regarding subdivision. 1. GENERAL EXEMPTIONS (Sec. 26.480.030.A). The general exemptions of Sec. 26.480.030.A include an exemption for lot line adjustments, as discussed below. a. Lot Line Adjustment (Sec. 26.480.030.A.1). The merger of the three lots into two new parcels through a lot line adjustment procedure is exempted from the provisions of Chapter 26.480, Subdivision, as a result of the language of Sec. 26.480.030.A.I, which provides for the adjustment of a lot line between contiguous lots exempt from the requirements of Subdivision if five conditions are met. Those conditions and the applicants' responses are as follows: i. "It is demonstrated that the request is to correct an engineering or survey error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels. ": The request is to permit an insubstantial boundary change between adjacent parcels to merge Outlot B of the Aspen Meadows Final S.P.A./Subdivision, presently owned by H&C Marqusee, Inc. with the two parcels to the south. The westernmost of these parcels (Lot One, as proposed) is owned by Charles B. Marqusee, individually and the easternmost (Lot Two, as proposed) is owned by Julie Anthony. ii. "All landowners whose lot lines are being adjusted shall provide written consent to the application. ": Letters of consent to the application from the owners of the three parcels are attached as Exhibits AI, A2 and A3. 3 (""I n Hi. "It is demonstrated that the request is to address specific hardship. If: The application is being filed to address the specific hardship of the setback non-conformity on proposed Lot Two which exists as a result of the City's approval of New Meadows Road in close proximity to what is now the Anthony Parcel. The residence on the Anthony Parcel is non-conforming with regard to the front-yard setback from the new Meadows Road right-of-way. The addition of the eastern portion of Outlot B to the Anthony Parcel will lessen this non-conformity by 6.81 feet. iv. "The corrected plat will meet the standards of this Chapter, and conform to the requirements of this Title, including the dimensional requirements of the zone district in which the lots are located, except in cases of an existing nonconforming lot, in which the adjustment shall not increase the nonconformity of the lot. The plat shall be submitted and recorded in the office of the Pitkin County Clerk and Recorder. Failure to record the plat within a period of one hundred eighty (180) days following approval shall render the plat invalid and reconsideration of the plat by the Community Development Director will be required before its acceptance and recording.": The proposed adjustment will not increase the nonconformity of the parcels. On the contrary, since the three lots will be merged into two, one parcel will be eliminated and any nonconformity which presently exists on the two lots to the south will be lessened. The Plat will be submitted and recorded in the office of the Pitkin County Clerk and Recorder immediately after final approval by the Community Development Director. v. "It is demonstrated that the lot line adjustment will not affect the development rights, including any increase in FAR,. or permitted density of the affected lots by providing the opportunity to create a new lot for resale or development. A plat note will be added to the corrected plat indicating the purpose of the lot line adjustment and the recognition that no additional FAR will be allowed with the adjustment. If: At the time Outlot B was created through SPA review procedures, the City approved Academic zoning for the parcel but did not establish any development rights for the parcel. Any development rights for the property would therefore have to be established through an SPA Amendment procedure in the future. No such amendment request is 4 n n , ,j anticipated at the present time. The proposed lot line adjustment will not increase the development rights, including permitted floor area or the permitted density of the subdivision exemption as a whole, or create a new lot for resale. By eliminating one of the three parcels, the development rights within the Subdivision exemption are logically reduced. A plat note will be added to the Plat prior to recording indicating that the purpose of the lot line adjustment is to merge Outlot B with the parcels immmediately to the south. The note will include an acknowledgement by the applicants that no additional FAR results from the adjustment. 5 f'. r'l I B. Application (Sec. 26.480.060). Although the proposal is exempted from the provisions of Chapter 26.480, Subdivision, and is not an application which is to be considered by either the Planning and Zoning Commission or the City Council, it is necessary to address certain provisions of Sec. 26.480.060 in order to document any administrative approval which is granted. 1. REVIEW BY THE PLANNING AND ZONING COMMISSION (SEe. 26.480.060.A): A development application for subdivision review and approval by the Planning and Zoning Commission is to include the following information: a. The general application information as set forth in Sec. 26.304.030, Application and Fees of the Common Development Review Procedures, as discussed below: i. General (Sec. 26.304.030.A): "The requisite number of copies of the development applications shall be submitted to the Community Development Director containing all of the infonnation and materials specified by the applicable Sections of this Title and such additional infonnation or materials identified in the pre-application conference. The development application shall be accompanied by the applicable fee. (See Chapter 2.12 for schedule of fees.)": Three copies of the development application are being submitted to the Community Development Director containing the relevant information and materials specified in Sec. 26.480.030, Sec. 26.480.060 and Chapter 26.304 of the Code. No additional information or materials were identified in the pre-application conference. The development application is accompanied by a fee of $ 620.00, as requested by the Community Development Department. ii. Application (Sec. 26.304.030.B): "At a minimum, all development applications shall include the following infonnation and materials. ": 6 I""", (") (a). "Contained within a letter signed by the applicant, the applicant's name, address and telephone number, and the name, address, and telephone number of any representative authorized to act on behalf of the applicant.": Letters from the owner of each of the three parcels authorizing Joseph Wells Land Planning to act as representative of the applicants during the lot line adjustment review are attached as Exhibits AI, A2 and A3. (b). "The street address, legal description, and parcel identification number of the property proposed for development.": The street address of the Marqusee Parcel (Lot One) will either be an address in the 800 block of New Meadows Road or the 600 block of Old Meadows Road, depending on which yard is ultimately designated as the front yard by the Owner. The street address of the Anthony Parcel is presently listed as 655 (Old) Meadows Road. Upon approval, the legal description of the two parcels will become Lot One and Lot Two, Anthony /Marqusee Lot Line Adjustment Plat. The Marqusee Parcel is incorrectly shown on the County Assessor's maps as being part of Outlot B (the H & C Marqusee, Inc. Parcel) so it does not have its own parcel identification number. The parcel identification number for the H & C Marqusee, Inc. Parcel is 2735-122-31008 and for the Anthony Parcel is 2735-121-13007. (c). "A disclosure of ownership of the parcel proposed for development, 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.": A letter from Andrew Hecht on behalf of Charles Marqusee confirming that Charles Marqusee is the record owner of Lots G & H, Block 1 and associated vacated rights-of-way and that H & C Marqusee, Inc. is the record owner of Outlot B, according to the Aspen Meadows Final S. P. A. Development PIan and Final Subdivision Plat is included as Exhibit Bl. The Title Policy issued to Julie Anthony at the time of her closing on the purchase of Lots A 7 ^ I'") through F, Block 7 and associated vacated rights-of-way is included as Exhibit B2. (d). "An 81/2" x 11" vicinity map locating the subject parcel within the City of Aspen.": A vicinity map locating the subject parcels within the City of Aspen is included on the draft Plat. (e). "A site plan depicting the proposed layout and the project's physical relationship to the land and its surroundings.": A draft Plat indicating the proposed boundaries of the parcels and the subdivision exemption's physical relationship to its surroundings is being submitted with this application. (ft. "A site improvement survey certified by a registered land surveyor, licensed in the State of Colorado showing the current status of the parcel including the current topography and vegetation. (This requirement, or any part thereof, may be waived by the Community Development Director if the project is determined not to warrant a survey document.)": A draft Plat indicating both the current and proposed boundaries of the parcels involved in the lot line adjustment is being submitted with this application. A full survey of all improvements on the two parcels is beyond the scope of this application. (g). "A written description of the proposal and a written explanation of how the proposed development complies with the review standards relevant to the development application.": A written description of the proposal and explanation of how the proposed lot line adjustment complies with the relevant review standards is included in Section I and II of this application. (h). "Additional materials, documentation, or reports as deemed necessary by the Community Development Director.": No additional materials, documentation, or reports other than those provided in this application have been requested by the Community Development Director. The applicants have authorized Joseph Wells Land Planning to provide additional information if needed to complete the review. 8 ^ () iii. Consolidation of Applications (Sec. 26.304.030.C): "If an applicant has requested the consolidation of development applications, the Community Development Director may waive any overlapping application submission requirements in the consolidated development application. (See Section 26.304.060(B), Modification of Review Procedures.) ": Consolidation of development applications is not required because no other review procedures are required at the present time. iv. Copyrighted materials (Sec. 26.304.030.D). "The City of Aspen will not accept for development application or recordation purposes any materials to which copyright applications have been made unless the applicant shall waive all claims and indemnify the City. Any person submitting a development application shall consent that any document submitted to the City of Aspen as part of a development application may be utilized by the City in any manner deemed necessary, including recording at the Pitkin County Clerk and Recorder, to preserve the representations made during the development review process. ": The applicants agree that any document submitted to the City of Aspen as part of this application may be utilized by the City in any manner deemed necessary, including recording at the Pitkin County Clerk and Recorder, to preserve the representations made during the development review process. b. "One (1) inch equals four hundred (400) feet scale city map showing the location of the proposed subdivision, all adjacent lands owned by or under option to the applicant, commonly known landmarks, and the zone district in which the proposed subdivision and adjacent properties are located. ": A Vicinity Map showing the location of the proposed lot line adjustment and commonly known landmarks in the area is included on the draft Plat. None of the applicants currently own or have under option other lands which are contiguous to the parcels which they own which are the subject of this application. The current City Zone District Map identifies the zoning of the Marqusee Parcel and the Anthony Parcel (both to the south of the Aspen Townsite line) as R-15. As mentioned previously, Outlot B is zoned Academic, c. "A plat which reflects the layout of the lots, blocks and structures in the proposed subdivision. The plat shall be drawn at a scale of one (1) inch equals one hundred (100) feet or larger. Architectural scales are not acceptable. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches. If it is necessary to place the plat on more than a one (1) sheet, an 9 r"\ ^ index shall be included on the first sheet. A vicinity map shall also appear on the first sheet showing the subdivision as it relates to the rest of the city and the street system in the area of the proposed subdivision. The contents of the plat shall be of sufficient detail to determine whether the proposed subdivision will meet the design standards of this Chapter and this Title, and shall contain the following itemized information: i. "The name of the proposed subdivision, which shall not be the same or similar to any name used on a recorded plat in Pitkin County, Colorado.": The name of the proposed subdivision exemption is Anthony/ Marqusee Lot Line Adjustment Plat. ii. "The name, address, and telephone number of the owner/applicant, designer of the proposed subdivision, and the licensed surveyor. ": The name of the owners / applicants are Charles Marqusee, Charles Marqusee, President of H & C Marqusee, Inc., Trustee and Julie Kathleen Anthony. The address and phone number of Mr. Marqusee's attorney is Garfield & Hecht, P. c., 601 East Hyman A venue, Aspen, Colorado 81611, 970.925.1936. Ms Anthony's address and phone number is 655 Meadows Road, 925.6091. The designer of the proposed subdivision exemption is Joseph Wells Land Planning. The licensed surveyor is Alpine Surveys, Inc. iii. "The location and boundaries of the proposed subdivision.": The location and boundaries of the proposed subdivision exemption are shown on the draft Plat. iv. "A map showing the existing and proposed contours of the land in the proposed subdivision at two-foot intervals, where the slope is less than ten (10) percent, and five-foot intervals where the slope is ten (10) percent or greater, and the designation of all areas with slope greater than thirty (30) percent.": For clarity of the other information shown, existing and proposed contours of the land in the proposed subdivision exemption are not shown on the draft Plat. The land throughout the site of the subdivision exemption is essentially flat and therefore not an issue in future development on either parcel. Since no development is anticipated at the present time, information about proposed contours is not available currently. 10 . r'\ A ,.......,-"' v. "The location and dimensions of all existing streets, alleys, easements, drainage areas, irrigation ditches, public and private utilities, and other significant manmade or natural features within or adjacent to the proposed subdivision. ": The location and dimensions of all existing streets and other significant manmade features within or adjacent to the proposed subdivision exemption are indicated on the draft Plat. For clarity of the other information shown, easements, drainage areas, irrigation ditches, public and private utilities, and natural features are not shown. No such features are affected as a result of the lot line adjustment, however. There are no alleys contiguous to the subdivision exemption. vi. "The location and dimensions of all proposed streets, alleys, easements, drainage improvements, utilities, lot lines, and areas or structures reserved or dedicated for public or common use in the proposed subdivision.": No streets, alleys, easements, drainage improvements, utilities, and areas or structures reserved or dedicated for public or common use are proposed as a part of the subdivision exemption. Proposed lot lines are shown on the draft Plat. vii. "The location, size, and type of existing vegetation and other natural landscape features, and the proposed limits of any excavation or regrading in the proposed subdivision, including the location of trees with a trunk diameter of six (6) inches or more measured four and one-half (41/2) feet above the ground, and an indication of which trees are proposed to be removed. Where large groves are to remain undisturbed, single trees need not be located.": For clarity of the other information shown, the location, size and type of existing vegetation and other natural landscape features, including the location of trees with a trunk diameter of six (6) inches or more measured four and one-half (41/2) feet above the ground and an indication of any trees which are proposed to be removed are not shown on the draft Plat. No landscaping or other site work has been planned for and any such future work is unaffected by this application. Further, the proposed limits of any excavation or regrading in the proposed subdivision exemption is not known at the present time, but will be defined at the time of any application for building or other required permits. 11 r'\ ("1 , viii. "T1te designation of all areas that constitute natural hazard areas including but not limited to snowslides, avalanche, mudslide, rockslide and the one-hundred-year floodplain.": There are no areas within the subdivision exemption which are believed to be natural hazard areas including but not limited to snowslides, avalanche, mudslide, rockslide and the one-hundred-year floodplain of any stream. ix. "Such additional information on geological or soil stability, avalanche potential, projected traffic generation, air pollution and similar matters as may be required by the planning agency or other reviewing agency.": Additional information on geological or soil stability, avalanche potential, projected traffic generation, air pollution and similar matters are beyond the scope of the application and have not been requested by the Community Development Department or other reviewing agency. x. "Such other information as may be required by the planning agency or other reviewing agency in order to adequately describe proposed utility systems, drainage plans, surface improvements, or other construction projects contemplated within the proposed subdivision in order to assure that the proposed subdivision is capable of being constructed without an adverse effect upon the surrounding area. ": Additional information to adequately describe proposed utility systems, drainage plans, surface improvements, or other construction projects contemplated within the proposed subdivision exemption in order to assure that the proposed subdivision exemption is capable of being constructed without an adverse effect upon the surrounding area has not been requested by the Community Development Department and is beyond the scope of the application. 12 1""'\ f) xi. "~ite data tabulation listing acreage of land in the proposed subdivision, number, type and typical size of lots, structures and/or dwelling units; number of bedrooms per dwelling unit; ground coverage of proposed structures and improvements including parking areas, streets, sidewalks and open space, and the amount of open space that is being provided pursuant to Section 26.480.040(C)(5)(a).": Site data tabulation: (a). Total acreage of land: 27,232 Sq. Ft. (b). Number, type and typical size of lots: Two single-family lots of 10,390 Sq. Ft. and 16,842 Sq. Ft. each. (c). Number of structures and/ or dwelling units: One principal residence and permitted accessory structures / uses. (d). Number of bedrooms per dwelling unit: In conformance w Code at building permit issuance. (e). Ground coverage of proposed structures and improvements: In conformance w Code at building permit issuance. (f). Amount of open space that provided pursuant to Sec. 26.480.040(C)(S)(a) (No such Code provision): No new public or common open space provided. xii. "In the case of a division of land into condominium interests, apartments or other multi-family or time-share dwelling units, the location of all proposed structures, parking areas, structures and/or areas for common use. ": A division of the land into condominium interests, apartments or other multi-family or time-share dwelling units is not proposed. xiii. "Where the proposed subdivision covers only a part of the applicant's adjacent holdings, a sketch plan for such other lands shall be submitted, and the proposed streets, utilities, easements, and other improvements of the tract under review shall be considered with reference to the proposed development of the adjacent holdings. ": The proposed subdivision exemption does not cover only a part of the applicants' adjacent holdings. xiv. "Letters from the public or private utility companies that will service the proposed subdivision with gas, electricity, telephones, 13 ^ ('\, , J sanitary sewer, water, and fire protection facilities stating they can service the proposed subdivision. ": Letters from the public or private utility companies that will service the proposed subdivision exemption with gas, electricity, telephones, sanitary sewer, water, and fire protection facilities are not necessary because the lots in question are pre-existing. The existing residence on Lot Two is presently connected to the named utilities. d. GIS Data. "All subdivision applications shall submit the requirements specified in section 26.480.040(C) and section 26.480.040(D) in a digital fonnat acceptable to the Community Development Department. Base infonnation shall be obtained from the Community Development Department. ": These references to Code provisions ("the requirements specified in Sec. 26.480.040(C) and Sec. 26.480.040(D) ") are also in error. If the Community Development Department can clarify the requirement, the applicants will provide the information once any changes have been incorporated on the Plat. 2. REVIEW BY CITY COUNCIL (SEe. 26.480.060.B). Subsequent to review by the Planning and Zoning Commission and prior to review of the development application for plat by the City Council, the applicant is required to submit the following additional application contents for a subdivision review: a. "A final plat drawn with pennanent ink on reproducible linen or mylar. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches with an unencumbered margin of one and one-half (11/2) inches on the left hand side of the sheet and a one-half (1/2) inch margin around the other three (3) sides of the sheet. It shall include:" i. "Accurate dimensions for all lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for public or common use and other important features. All curves shall be circular arcs and shall be defined by the radius, central angle, tangent, arc and chord distances. All dimensions, both linear and angular, are to be detennined by an accurate control survey in the field which must balance and close within a limit of one (1) in ten thousand (10,000). ": Accurate dimensions for all lines, angles and curves used to describe boundaries and streets are included on the draft Plat. All curves are the 14 ^ n result of prior subdivisions approved in the area. All dimensions have been determined by an accurate control survey in the field which closes within a limit of one (1) in ten thousand (10,000). ii. "A systematic identification of all lots and blocks and names for all streets. ": The two proposed lots and the names of all existing streets in the area are identified on the draft Plat. iii. ''Names of all adjoining subdivisions with dotted lines of abutting lots. If adjoining land is unplatted, it shall be shown as such.": The names of adjoining subdivisions have been identifed on the draft Plat. Most of the surrounding land was subdivided under the original Aspen Townsite Plan and additions thereto. No adjoining land is believed to be unplatted. iv. "An identification of the streets, alleys, parks, and other public areas or facilities, and a dedication thereof to the public use. An identification of the easements as dedicated to public use. Areas reserved for future public acquisition shall also be shown. ": No streets, alleys, parks, other public areas or facilities, easements for public use or areas reserved for future public acquisition are proposed as a result of the lot line adjustment. v. "A written survey description of the area including the total acreage to the nearest one-thousandth (0.001) of an acre. ": A written survey description of the area including the total acreage to the nearest one-thousandth (0.001) of an acre will be added to the draft Plat prior to recordation. vi. "A description of all survey monuments, both found and set, which mark the boundaries of the subdivision, and description of all monuments used in conducting the survey. The Colorado Coordinate System may be used. ": A description of all survey monuments, both found and set, which mark the boundaries of the subdivision exemption, and description of all monuments used in conducting the survey are included on the draft Plat. 15 ^ r-. I' " < I b. "A statement by the land surveyor explaining how bearings, if used, were determined. ": A statement by Alpine Surveys, Inc. explaining how bearings were determined is included on the draft Plat. c. "A certificate by the registered land surveyor as to the accuracy of the survey and plat, and a statement that the survey was performed in accordance with Colorado Revised Statutes 1973, Title 38, Article 51, as amended from time to time. ": A certificate for signature by Alpine Surveys, Inc. as to the accuracy of the survey and plat, and a statement that the survey was performed in accordance with Colorado Revised Statutes 1973, Title 38, Article 51, as amended from time to time is included on the draft Plat. d. "A certificate by a corporate Title insurer, that the person or persons dedicating to the public the public rights-of-way, areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances. ": A certificate by a corporate Title insurer, certifying that the person or persons dedicating to the public the public rights-of-way, areas or facilities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances is not required because no dedications to the public are proposed. e. "Certificates showing approval of the final plat by the City Engineer, Community Development Director and the Planning and Zoning Commission. ": Certificates showing approval of the draft Plat by the City Engineer and Community Development Director are included on the draft Plat. A certificate showing approval of the draft Plat by the Planning and Zoning Commission is currently shown, but is not required because Planning and Zoning Commission review is not required. This certificate will be removed prior to recordation. f. "A certificate showing approval of the plat and acceptance of dedications and easements by the City Council, with signature by the mayor and attestation by the city clerk. ": A certificate showing approval of the draft Plat by the City Council is currently shown, but is not required because City Council review is not required. This certificate will be removed prior to recordation. 16 ~ t) g. "A certificate of filing for the Pitkin County Clerk and Recorder. ": A Clerk and Recorder's certificate is included on the draft Plat. h. "Complete engineering plans and specifications for all improvements to be installed in the proposed subdivision, including but not limited to water and sewer utilities, streets and related improvements, trails, bridges and storm drainage improvements. " No improvements are proposed to be installed as a result of the lot line adjustment. i. "A landscape plan showing location, size, and type of proposed landscape features. ": No landscaping is proposed to be installed as a result of the lot line adjustment. j. "Copies of any monument records required of the land surveyor in accordance with Colorado Revised Statutes 1973, Title 38, Article 53, as amended from time to time. ": Copies of any monument records required of Alpine Surveys in accordance with Colorado Revised Statutes 1973, Title 38, Article 53, as amended from time to time will be provided upon request. k. "Any agreements with utility or ditch companies, when applicable. ": No agreements with utility or ditch companies are applicable to the lot line adjustment request. 1. "Any subdivision agreements as required by this Chapter. ": Since no improvements are proposed as a result of the lot line adjustment request, entering into a subdivision agreement should not be necessary. 17 PROJECT: ^ LAND USE ApPLlCA TIOr,,"'""; Name: '11 v C/.J'/-~L:-- Location: ;j;J;cht~T~ ~.>?!t ? (Qffi/- )-UJA$'f!9t:J/.b (Indicate street address, lot & block number, legal description where appropriate) ApPLICANT: Name: ~a Address: ~ ~ Phone #: ~ REPRESENTATIVE: Name: Address: Phone #: ff<? /t/ 'c71 JLt-;,t ~ '1 2-~. 6"'0R'0 -1r Cb cr/?/I TYPE OF ApPLICATION: (please check all that apply): 0 Conditional Use 0 Conceptual POO 0 Conceptual Historic Devt. 0 Special Review 0 Final PUD (& PUD Amendment) 0 Final Historic Development 0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt. 0 GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition 0 GMQS Exemption 0 Subdivision 0 Historic Designation 0 ESA - 8040 Greenline, Stream .@ Subdivision Exemption (includes 0 Small Lodge Conversionl Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane 0 Lot Split 0 Temporary Use 0 Other: 0 Lot Line Adjustment 0 Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) I 8id;:;Z ~ C~ ~/Zrld h,r lM, ~ V~r~/{- v/;.~ PROPOSAL: (description of proposed buildings, uses, modifications, etc.) I ~ of ~p:vrcds ?Ut3 z ~/:? M UuIt(!:J-;;;;;CTY1 ~~, Have you attached the following? gr Pre-Application Conference Summary I8f Attaclunent #1, Signed Fee Agreement I Response to Attaclunent #2, Dimensional Requirements Form Response to Attaclunent #3, Minimum Submission Contents Response to Attaclunent #4, Specific Submission Contents Response to Attaclunent #5, Review Standards for Your Application FEES DUE: $ 620 IN 1""\ r-') ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: Lot Are /V-et;: : Z. (".J3 (f< r the purposes of calculating Floor rea, 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: AJ4- Proposed: ~. Number of residential units: Existing: ' ~ Proposed: 2-r- ,.f"",~ Number of bedrooms: Existing: ?/~ Proposed: ~ ar kJ. 7e'~ Proposed % of demolition (Histor~'c roperties only): ~ >I- -:z f7 r:7 DIMENSIONS: ft~ t:--:~ ~ Floor Area: Existing: !4~Allowable: 5')1-~oposed: A!4- Principal bldg. height: EXisting:a~Allowable: Proposed: ~ Access. bldg. height: Existing: ~ Allowable:~Proposed: M~ On-Site parking: Existing: if#!. Required: ~ Proposed: If % Site coverage: Existing: -/;6t . Required: . Proposed: ;V rr % Open Space: Existing:, f"fJ, Required: f/c rnf Proposed:-*-- Front Setback: EXisting:a~ Required: 1251 Proposed: f..?;1. //.L., I I 'I/. Rear Setback: Existing: UI"UUUII1( Required: 11);; Proposed: ~/1- Combined FIR: EXist,Z."' ~lIeq"i"d" , of. 17',","d.. kA:: Side Setback: Existing: Required: -j, I Proposed: IV * Side Setback: Existing:_ '/1 Required: to I Proposed: 1'- Combined Sides: Existing: ./fff Required: /I; !1;vtjproposed: ;V; Existing non-conformities or enyrojlchments:~l- ~~? ;-e.' ~ ~~A Hf7U0.__ ' ~iationSreqUested: f~ &f~ ~, . I ' '6 f"'. Exhibit At. n H lit C Marqusee, Inc., Trustee c/o Garfield lit Hecht P. C. 601 East Hyman Avenue Aspen, Colorado 81611 November 20,1999 Ms. Julie Ann Woods Director of Community Development, City of Aspen 130 S. Galena Street Aspen, CO 81611 Dear Ms. Woods: I am 'writing to confirm that H lit C Marqusee, Inc., a Colorado corporatiOon. Trustee, is the record owner of OutlOot B, Aspen Meadows S.P.A. / SubdivisiOon. I have requested that Joseph Wells Land Planning, Inc. file on behalf of the corporation a Lot Line Adjustment Appli.:ation to merge the westerly portion of Outlot B, Aspen Mead.ows. S.P .A-LSubdi.vision with the lots in Black 1. Cit.}! and Townsite of Aapen which are owned by Charles B. Marqusee and to merge the easterly portion of Outlot B, Aspen Meadows S.P.A./Subdivision with the lOots in Block 7, City and Townsite of A&pefl "wned by Julie- Anthony, The- final configuration of the- two k.>ts- is illustrated on the draft Plat submitted with the Lot Line Adjustment application. During the prOocessing of this application, Joe Wells will represent H lit C Marqusee, Inc. Please contact Joe at ~25-8080' if you have any questions or need addi:tional information. Sincerely yours, ~*~s!11d H lit C Marqusee, Inc., . a Colorado corporation, Trustee 1". Exhibit A2. (") Charles B, Marqusee Post Office Drawer X Boca Raton, Florida 33429 November 20, 1999 Ms. Julie Ann Woods Director of Community Development, City of Aspen 130 S. Galena Street Aspen, CO 81611 Dear Ms. Woods: I am writing to confirm that I am the 1'ecord owner of fractional Lots G and H, Block 1, City and Townsite of Aspen together with vacated portions of Ei~hth Street and North Street as indicated on the Vacation Plat recorded in Plat Book 43 at Page 18. My letter is to consent to the filing by Joseph Wells Land Planning, Inc. of a Lot Line Adju5.tment Application to merg.t\ the \\res.tel::ly portion of O1.l.t1ot B.. Aspen Meadows S.P.A./Subdivision with the lots in Block 1 which I own. The final configuration of the two lots is illustrated on the draft Plat submitted with the Lot Line Adjustment application. During the processing of this application, Joe Wells will represent me. Please contact Joe at 925-8080 if you have any questions or need additional information. Sincerely yours, 'I ~ &m JIL/l..11 ~ . - Charles B. Marqusee .:0",:- .,::)..,- s,c- t"'"'\ Exhibit A3. t""\ J Julie Kathleen Anthony 655 Meadows Road Aspen, Colorado 81611 October 20, 1999 Ms. Julie Ann Woods Director of Community Development, City of Aspen 130 S. Galena Street Aspen, CO 816:1 Dear Ms, Woods: I am writing to confirm that I am the record owner of fractional lots A through F, Block 7, City and Townsite of Aspen together with vacated portions of Eighth Street and North Street as indicated on the Vacation Plat recorded in Plat Book 43 at Page 18. My letter is to consent to the filing by Joseph Wells Land Planning, Inc. of a Lot Line Adjustment Application to merge the easterly portion of Outlot B, Aspen Meadows S.P.A./Subdivision with the lots in Block 7 which I own. The final configuration of the two lots is illustrated on the draft Plat submitted with the Lot Line Adjustment application. During the processing of this application, I will represent myself. Please contact me at 925-6091 if you have any questions or need additional information. Sincerely yours, ~T~ 4~L~. Julie Kathleen Anthony r.\ Exhibit Bl. Ii RONALD GARFIELDl ANDREW V. HECHT' MICHAEL J. HERRON' DAVID L. LENYO MATTHEW C. FERGUSON' CHRISTOPHER J. LACROIX"; CHAD J. SCHMIT' GAJRfRlEllDJ & HECHT, roc, ATTORNEYS AT LAW E-mail: ally@garfieldhecht.com Website: www.garfieldhecht.com 601 EAST HYMAN AVENUE ASPEN, COLORADO 81611 TELEPHONE (970) 925-1936 TELECOPIER (970) 925-3008 February 23,2000 110 MIDLAND AVENUE SUITE 201 BASALT, COLORADO 81621 TELEPHONE (970) 927-1936 TELECOPIER (970) 927-1783 City of Aspen Community Development Department 1 30 South Galena Aspen, Colorado 8 1 61 1 Re: Subdivision Exemption for a Lot Line Adiustment To whom it may concern: I am writing this letter regarding the above-referenced application on behalf of Charles B. Marqusee and H & C Marqusee, Inc. (wholly owned by Charles B. Marqusee). As attorney for Charles B. Marqusee and H & C Marqusee, Inc., I am confirming the following information: 1. Charles B. Marqusee is the owner of LotsG & H, Block 1 Aspen Townsite and associated vacated rights-of-way vacated under Ordinance 14, Series of 1997; and 2. H &' C Marqusee, Inc. is the owner of Outlot B, according to the Aspen Meadows Final S.P.A. Development Plan and Final Subdivision Plat recorded in Plat Book 28 beginning at Page 5. Very truly yours, GARFIELD & HECHT, P.c. ~- ---- By: c Andrew V. Hecht AVH:cf M: \cfreeman\l.etters\j.wells.marqusee.ltr.wpd 1 alsoadminedlO New York Bar 2. al~o admitted to District of Columbia Bar 3. also admitted to Florida Bar 4. also admitted 10 lIIinois Bar 5. also admitted to Connecticut Bar @ Printed on recycled paper 1"", Exhibit B2. .~ 'ALTA OWNER'S POLICY SCHEDULE A Order Number: 00024024 Policy No.: 0-9701-34870 Date of Policy: July 31, 1998 at 4:06 P.M. Amount of Insurance: $ 1,250,000.00 1. Name of Insured: JULIE KATHLEEN ANTHONY 2. The estate or interest in the land which is covered by this policy is: FEE SIMPLE 3. TItle to the estate or interest in the land is vested in: JULIE KATHLEEN ANTHONY 4. The land referred to in this policy is described as follows: See Attached Legal Description 1""\ SCHEDULE A o Order Number: 00024024 LEGAL DESCRIPTION Fractional Lots A, Bf C, D, E, and F, Block 7, CITY AND TOWNSITE OF ASPEN, TOGETHER WITH and adjaoent vaoated portions of North Street and of Eight Street, City and Townsite of Aspen, which is marked the Charles Marquses Individually Parcel on the Marqusee Vacation Plat recorded July 9, 1997 in Plat Book 43 at Page 18 as Reoeption No. 406177. EXCLUDING THEREFROM all property within Out-lot B Aspen Meadows Speoially Planned/Area Subdivision aooording to the Aspen Meadows Final S.P.A. Development Plan and Final Plat reoorded January 24, 1992 in Plat Book 28 at Page 5 as Reoeption No. 340938. COUNTY OF PITKIN, STATE OF COLORADO. ^ A ALTA OWNER'S POLlCY SCHEDULE B Order Number: 00024024 Policy No.: 0-9701-34870 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of' 1. Rights or claims of parties in possession. not shown by the public records. 2. Easements. or claims of easements. not shown by the public records. 3. Discrepancies, conflicts in boundary lines. shortage in area. encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien. or right to a lien. for services. labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Unpatented mining claims; reservations or exceptions in patents. or an act authorizing the issuance thereof; water rights claims or title to water. 6. Taxes and Assessments for the year 1998, not yet due and payable, and subsequent years and any special assessments not yet certified on the tax rolls of Pitkin County. 7. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the City and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. 8. Terms, conditions, obligations and provisions of Ordinance No. 14 (Series of 1997) An Ordinance of the City Council of the City of Aspen, COlorado, Vacating a Portion of the North Street Right of way and a Portion of the Eighth Street Right of way within the City of Aspen, Pitkin County, Colorado, and Reserving an Easement for Utilities as set forth in instrument recorded July 8, 1997 as Reception No. 406076. 9. Terms, conditions, obligations, provisions and easements of UUtility Easement Agreement" and "Snow Storage Easement Agreement" as contained in Ordinance No. 14 (Series of 1997) as set forth in instrument recorded July 8, 1997 as Reception No. 406076; and as shown on Plat of subject property recorded July 9, 1997 in Plat Book 43 at Page 18 as Reception No. 4a6177. 10. Right along dated of way for the use and maintenance the southwest boundaryline, as August 29, 1997, Job No. 92-79. of the existing irrigation ditch shown in survey by Alpine Surveys 11. Terms, conditions, obligations, provisions and easements of Ordinance No. 11 . (Series of 1993), An Ordinance of the City Council of the City of Aspen, Colorado, Vacating a Portion of North Street Right of Way within the City of Aspen, Pitkin County, Colorado, and Reserving and Easement for Utilities as set forth in instrument recorded July 1, 1993 in Book 716 at Page 626 as Reception Continued on. next page ,1"""\ fJ Continuation of Policy Number: Schedule B - ALTA Owner's Policy 0-9701-34870 No. 358415. 12. Terms, conditions, obligations and provisions of Declara~ion of Restrictive Covenants Regarding Vacated Street as set forth in instrument recorded July 1, 1993 in Book 716 at Page 631 as Reception No. 358415. 13. Terms, conditions, obligations, provisions and easement of Utility Easement Agreement as set forth in instrument recorded July 1, 1993' in Book 716 at Page 643 as Reception No. 358415. 14. Encroachment of Concrete Patio, Stone Retaining Wall and fence as shown on survey by Alpine Surveys, Inc., by James F. Reser, L.S. 9184. 15. Conditions as set forth in Confirmation of Termination of Easement recorded July 31, 1998 as Reception No. 420149. 16. Terms, conditions, obligations, easements and restrictions asset forth in Temporary Easement Agreement recorded July 31, 1998 as Reception No. 420150. 17. Terms, conditions, obligations and restrictions as set forth in Encroachment License recorded July 31, 1998 as Reception No. 420151. 18. Terms, conditions, obligations and restrictions as set forth in Utility Easement Agreement recorded July 31, 1998 as Reception No. 420152. 19. A Deed of Trust dated July 31, 1998, executed by Julie Kathleen Anthony, to the Public Trustee of Pitkin County, to secure an indebtedness of $800,000.00, in favor of Norwest Mortgage, Inc., recorded July 31, 1998 as Reception No. 420148. ENDORSEMENT FORM 110.1 (Rev. 519;""" I) ENDORSEMENT ATrACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE SERIAL NUMBER 0- 9701-34870 ISSUED BY STEWART TITLE GUARANTY COMPANY HEREIN CALLED THE COMPANY Order No.: 00024024 . Said Policy is hereby amended by deleting paragraphs 1 THROUGH 4 ,inclusive, of Schedule B. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature. STEWART TITLE GUARANTY COMPANY Countersigned: (ij~E~~ tc..... ... ..1': i:'~~O"P04",~..'~ ....:'" -*- ~...( \(0j';.\ 19 0 8 /;: ..... .*. .. ;'cx';:\,; ... , Authorized Countersignature STEWART TrrLEOF ASPEN, tNC. Agenl ID #06011 A Serial No. E. 9aS I ~40765 ,-., f"") CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY* PLANNER: PROJECT: REPRESENTATIVE: OWNER: TYPE OF APPLICATION: DESCRIPTION: Nick Lelack, 920-5095 DATE: 10/29/99 Marqusee Lot Line Adjustment Joe Wells, 544 0992 9'Z-".>-t:f'&i?-~ H&C Marqusee Administrative review. Subdivision Exemption for lot line adjustment The Marqusee's want to give a narrow strip ofland dedicated as open space in the Aspen Meadows subdivision to two contiguous lots. The lot line adjustment will remain deed restricted open space, and will not contain development rights or increase the two lots' allowed floor area. Land Use Code Section(sl: Section 26.480.030(A)(1), Subdivision Exemptions -- Lot Line Adjustment; Section 26.480.060, Final Subdivision Plat; and, Chapter 26.304, Common Development Review Procedures. Staff for Completeness, DRC for technical information, Community Development Director for approval. No. Engineering. Planning Deposit ($460) --- this covers 2.5 hours of planning staff time: additional hours, if spent, will be billed at a rate of $185/hour, while if fewer than 2.5 hours are spent, the remainder of the deposit will be refunded as prorated ($1 85/hr). Engineering ($160) $620 payable to the Aspen Community Development Department. Review by: Public Hearing: Referral Agencies: Planning Fees: Referral Fees: Total Deposit: To apply, submit the following information: 1. Proof of ownership (for both properties) 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 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 6. 3 Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = Ilea.; Planning Staff= 2 7. An 8 \1," by I I" vicinity map locating the parcel within the City of Aspen. 8. 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 r"- A 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.) 9. 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 ifmore specifics are needed. 9205080. 10. A written description of the proposal and an explanation in written, graphic, or model form describing how the proposed development complies with each of 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. II. Copies of all prior approvals relevant to the site(s) of the proposal. If you should have any questions regarding the foregoing or should need assistance in any way, please do not hesitate to contact Nick Lelack at 920-5095, or bye-mail atnickl@ci.aspen.co.us. *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 mayor may not be accurate. The summary does not create a legal or vested right. .. 02/24/2000 09: 36 FROM : JI.ILP I NC 5?"1(l21053 PHONE NO. 970 925 827t"') PAGE 01/01 FEB.23.2000 11;59AM P 2 ASPENIPITJ(lN COMMUNITY DEVELOPMENT DEPARTMENT A2reement (or Payment o( City of A!pen Development Application Fees , CITY OF ASPEN (!re<einafler ClTY) and ~/e,J If~ p~1!t<:.- (hereinafter APPLICANT) AGREE AS FOLLOWS: . APPLICANT has submimd 10 CITY an - jiM . (!rereinafter, THE PROJECT). I- 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 49 (Seri.. of 1998) establishes a fee structure for Land U,e applications and the payment of all processing fees is a condition precedent to a determination of application completena", 3. APPLlCANT and DTY agree that because of die size, nature or scope of the prOpOSed project, it is not pOSSible at this time to ascertain the, full extmt of lIJe costs involved in processing the application, APPLICANT and CITY flmher agree that it is in the interest of the parties that APPLICANT make paym",,! of an initial deposit and to th.....fler pennl! Ellldirlonal costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional com may acorlJe following lbeir hearings and/or approvals, APPLICANT .grees he will be benefited by retaining grearer cash liq~jd;ty And will make additional pa)'ll\ents upon notific.tion by the CJTY when they are necessary as costs are inctln'Cd. CITY agrees it will be beneflted through the grearer cermlnt)' of recoverin<:: its full costs to proc"'" APPLICANT'S applieatlon, 4. CITY and APPLICANT further agree that it is impraoelcable for CiTY sraff to complete processing or present sufficient information to lbe PlanniJlg Commission andlor City Council to enable the Planning Commission and/or City Counell!o make legally required findings fur proje<;t conslderatton, unless curren! blllings are pald in full priOl' to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect fuiI fees prior !;.a de,lii..rmination <Yf application completeness, APPLICANT ,hall pay an initial depotlt in the amounl of$ 7C which is for _ _ hours of Commuoity Developmen! scaff time, and If .ctual recorded costs exceed tile initial deposit, APPLECANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of tbe appliClition mont1oned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT funhcr .grcM that failure to pay suoh accrued cOB18 shall be grounds for ,uspension ofproccss!ng, and in no ellSe will building pennits be issued until all costs associated with case processing have heen paid, CITY OF ASPEN lly; By; &-C Julie Ann Wood, CIt::Hnmul;dty Development Director M~n~6# ~"~4'f~C. ~ E~f 11"1/"'- ~ ~, ~ 'd"/Gfl g;lsupport\form$\agrpaylS.doc 3/ll199 e2-24-ee e7:38 TO:COLDWELL BANKER ASPEN FROM:5614821eS3 pel