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Home My WebLink Aboutcoa.lu.ca.Williams Addition Block 10 Lots 5 & 6 A016-01Williams Addition Block 10 Lots 5 & 6 1 `1Burrows — 273707410013 /A016-01 I CI I_1 CASE NUMBER A016-01 PARCEL ID # 2737-074-10013 CASE NAME Burrows Interpretation PROJECT ADDRESS Lots 5,6, Block 10, Williams Addition PLANNER Julie Ann Woods CASE TYPE Interpretation OWNER/APPLICANT Colleen Burrows REPRESENTATIVE Mitch Haas DATE OF FINAL ACTION 3/1/01 CITY COUNCIL ACTION PZ ACTION ADMIN ACTION Interp. Approved BOA ACTION DATE CLOSED 6/1/01 BY J. Lindt • • PARCEL ID: 2737-074-10013 DATE RCVD: 2/13/01 # C-OP ESf— CASE NO A016-01 CASE NAME: Burrows Interpretation PLNR: '' ••11 PROJ ADDR: Lots 5,6, Block 10. Williams Addition `CASE TYP: Interpretation OWNIAPP:j Colleen Burrows ADR C/S/Z:' REP: F71Haas ADR: 201 N. Mill St.. ste108 C/S/Z: Aspen/CO/81611 925-7819 FEES DUE:' None FEES RCVD: None REFERRALS REF: �� BYf—� DUE: MTG DATE REV BODY PH NOTIC DATE OF 411116 7OUN N: ��- CITY REMARKS CLOSED: . s BY:.,, �" BOA: r. V\ DRAC: _. PLAT SUBMITD: PLAT (BK,PG) ADMIN:�—�P� • HAAS LAND PLANNING, LLC February 22, 2001 Mr. Nick Lelack Aspen City Planner 130 South Galena Street Aspen, CO 81611 RE: Burrows Properties in the Williams Addition Dear Nick: As a follow-up to your staff meeting on February 22, 2001, and my previous letter dated February 12, 2001, I am sending this letter in an effort to obtain written confirmation that the Burrows own two separate parcels that have never merged. 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 Vaughns (who then owned Lots 5 and 6) was approved in 1974 by the Board of County Commissioners as an exemption 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 and 6, Block 10, through adverse possession in 1973. The 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 • 201 N. MILL STREET, SUITE 108 ASPEN. COLORADO • 8 16 1 1 • PHONE: (970) 925-7819 FAX: (970) 925-7395 February 12, 2001 Page 2 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 lots 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 confirm the foregoing conclusions by signing (either you or Julie Ann Woods) on the space provided below. Your signature hereon will not be construed to mean anything more or other than confirmation that subject 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 have any questions, please do not hesitate to contact me. Yours truly, Haas Land Planning, LLC A9D Mitch Haas, AICP Owner/Principal Signed: Date: Y' February 12, 2001 Page 3 cc: Art and Colleen Burrows, Owners Lennie Oates, Legal Counsel John Worcester, City Attorney Julie Ann Woods, Community Development Director a/my documents/administrative/Burrows !Merger Confirm A VIII �Vd pop AVAIM 5p, L pm Not, ", �- - "It a W A�'-; 0- I" WWI a i wl 4- Yq-yr MIX T" Dot W P4 �7111 9r-A -.0 yz 01A W. Taos*! SMUGGLER ENCLAVE ANNEXAMN TO THE .-Illr%f r-%C ACOrN NIL