HomeMy WebLinkAboutExhibit B - Public CommentJanuary 7, 2020
City of Aspen Community Development Department
130 S. Galena Street
Aspen, CO 81611
Re: Amendment to Resolution No. 58, Series of1994
To Whom It May Concern:
I am the owner of and live at 1205 Riverside Dr., Aspen, CO and my property is affected
by Resolution No. 58, Series of 1994 ("Resolution No. 58"), which prohibits certain
improvements within a twenty-five foot buffer on properties in the Lacet Subdivision (f/k/a East
Cooper Subdivision) which border lots in the Riverside Subdivision.
Resolution No. 58 prohibits improvements in the setback between the Lacet and
Riverside Subdivisions which would normally be allowed in setbacks on most other properties in
the City of Aspen. As the property owner of 1205 Riverside Dr., I support a modification to or
vacating Resolution No. 58 which would permit building eaves, architectural projections,
balconies, fire escapes, uncovered porches, slabs, patios, walks and steps, fences and walls and
other improvements which are permitted in setback for properties located in the City of Aspen.
Sincerely,
Cherie Oates
January 7, 2020
City of Aspen Community Development Department
130 S. Galena Street
Aspen, CO 81611
Re: Amendment to Resolution No. 58, Series of1994
To Whom It May Concern:
I am the owner of and live at 611 Fred Lane, Aspen, CO and my property is affected by
Resolution No. 58, Series of 1994 (“Resolution No. 58”), which prohibits certain improvements
within a twenty-five foot buffer on properties in the Lacet Subdivision (f/k/a East Cooper
Subdivision) which border lots in the Riverside Subdivision.
Resolution No. 58 prohibits improvements in the setback between the Lacet and
Riverside Subdivisions which would normally be allowed in setbacks on most other properties in
the City of Aspen. As the property owner of 611 Fred Lane, I support a modification to or
vacating Resolution No. 58 which would permit building eaves, architectural projections,
balconies, fire escapes, uncovered porches, slabs, patios, walks and steps, fences and walls and
other improvements which are permitted in setback for properties located in the City of Aspen.
Sincerely,
__________________________________
Ruth Stone on behalf of Fowler P. Stone III
Family Trust
DocuSign Envelope ID: 3FCB2636-AB05-4722-80DE-10B147EFB25A
From:Gary A Wright gary@wrightlawaspen.com
Subject:RE: Riverside - Lacet
Date:January 27, 2020 at 3:42 PM
To :Sarah Oates smo@okglaw.com
Cc:Lennie Oates lmo@okglaw.com,Jena Wright jena@wrightlawaspen.com
Dear Sarah,
My client, 610 Fred, LLC, has informed me that subject to certain conditions, it does not
oppose the modification of the City of Aspen resolution that imposed a 25-foot buffer for
the lots in Lacet subdivision.
The conditions are: 1) A 5-foot setback be maintained for the Lacet subdivision lots and
that the setback have the same restrictions as the setback in the adjacent Riverside
subdivision. 2) Any development that is currently within the 5-foot setback (for Lacet
subdivision) is not approved unless a variance is obtained.
Let me know if you have questions. Thank you.
Gary
Gary A. Wright
Gary A. Wright, P.C.
Wright Law Aspen, LLP
715 West Main Street, Suite 201
Aspen, Colorado 81611
970 925-5625
gary@wrightlawaspen.com
From: Sarah Oates <smo@okglaw.com>
Sent: Thursday, January 16, 2020 10:48 AM
To: Gary A Wright <gary@wrightlawaspen.com>
Cc: Lennie Oates <lmo@okglaw.com>; Jena Wright <jena@wrightlawaspen.com>
Subject: Re: Riverside - Lacet
Gary,
I confirmed with the City that the proposed amendment would be to permit improvements in the
setbacks of the Lacet Subdivision lots that are permiTed under the City Land Use Code for other
zone districts/subdivisions in the City. So, the same improvements that are permiTed on Fred
Lane in the setbacks and the rest of Riverside Subdivision would be permiTed in the setbacks for
the Lacet Subdivision lots if the amendment is approved.
Please let me know if you have ques[ons or if I can provide any addi[onal informa[on.
Thanks,
Sarah
1
Garrett Larimer
From:Sarah Oates <smo@okglaw.com>
Sent:Wednesday, March 25, 2020 2:26 PM
To:Garrett Larimer
Subject:Fwd: Lacet Subdivision
Follow Up Flag:Follow up
Flag Status:Flagged
Garrett,
Please see Joe Whatley’s response below. Let me know if you need anything else and as we get closer let me know what
I need to do to “attend" the virtual meeting.
Best,
Sarah
Begin forwarded message:
From: "Joe R. Whatley Jr." <jwhatley@whatleykallas.com>
Subject: Re: Lacet Subdivision
Date: March 25, 2020 at 2:17:31 PM MDT
To: Sarah Oates <smo@okglaw.com>
Cc: Lennie Oates <lmo@okglaw.com>, "Edith M. Kallas" <EKallas@whatleykallas.com>
Sarah,
I apologize for not responding sooner. As you might expect, our lives as healthcare lawyers have been
crazy, but we are glad we are in Aspen.
We do not object to the amendment, and you can confirm that fact at the hearing.
Did you ever hear back from Ruth?
Joe and Edith
Joe R. Whatley Jr.
Aspen
1228 Riverside Drive
Aspen, Colorado 81611
Telephone: 1-970-300-2631
New York
152 West 57th Street
2
41st Floor
New York, NY 10019
Direct: 1-212-447-7011
Birmingham
2001 Park Place North
1000 Park Place Tower
Birmingham, AL 35203
Direct: 1-205-488-1226
Facsimile: 1-800-922-4851
Email: jwhatley@whatleykallas.com
Web: www.whatleykallas.com
This e-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521 and is legally privileged. This e-mail message and any files
transmitted with it are also subject to the attorney-client privilege and attorney work-product doctrine, and contain confidential information intended
only for the person(s) to whom this e-mail message is addressed. If you have received this e-mail message in error, please notify the sender immediately
by telephone at (205) 488-1200 or by electronic mail (jwhatley@whatleykallas.com) and destroy the original message without making a copy. Thank you.
On Mar 25, 2020, at 1:28 PM, Sarah Oates <smo@okglaw.com> wrote:
Joe,
I hope you are doing well under the circumstances.
I am following up from my email below regarding the amendment to the Lacet
Subdivision approvals to permit certain development (retaining walls, fences, etc.) in the
25’ setback from the Riverside Subdivision lots. We have a hearing coming up on April
14, 2020 and it would be great if we could get an acknowledgement from you that you
do not object to the amendment. Even an e‐mail response would be appreciated.
Best,
Sarah
On Feb 4, 2020, at 10:43 AM, Sarah Oates <smo@okglaw.com> wrote:
Joe,
Lennie asked that I contact you. I believe he has spoken to you about
the issue with the Lacet Subdivision lots and there being a restriction
that no improvements be located 25’ from the Riverside lots boarding
Lacet that has never been adhered to. We are going to submit an
application to the City and they have asked for letters from the
Riverside neighbors. Attached is a draft letter for you to review and sign
if acceptable ‐ I can also sent to you to sign via DocuSign.
I just put your name on the letter but can add Edith’s name as well if
you would prefer ‐ I don’t think it matters to the City. Please let me
know if you have any questions.
Thanks,
Sarah
Sarah Oates, Esq.
Oates, Knezevich, Gardenswartz, Kelly & Morrow, P.C.
533 E. Hopkins Avenue, Third Floor
Aspen, CO 81611
Phone: (970) 920‐1700
Direct: (970) 544‐1853
3
Fax: (970) 920‐1121
smo@okglaw.com
This message is intended only for the individual or entity to
which it is addressed and may contain information that is
confidential and exempt from disclosure pursuant to the
attorney-client and attorney work product privileges or as
otherwise provided by law. If the reader of this message is not
the intended recipient, you are hereby notified that any
dissemination, distribution or copying of this communication
is strictly prohibited. If you have received this communication in
error, please notify us immediately by reply e-mail and destroy
all electronic and hard copy versions of this message and all
attachments.
<Ltr re Reso 58‐1994 J Whatley.docx>
Sarah Oates, Esq.
Oates, Knezevich, Gardenswartz, Kelly & Morrow, P.C.
533 E. Hopkins Avenue, Third Floor
Aspen, CO 81611
Phone: (970) 920‐1700
Direct: (970) 544‐1853
Fax: (970) 920‐1121
smo@okglaw.com
This message is intended only for the individual or entity to which it
is addressed and may contain information that is confidential and exempt
from disclosure pursuant to the attorney-client and attorney work product
privileges or as otherwise provided by law. If the reader of this message is not
the intended recipient, you are hereby notified that any dissemination,
distribution or copying of this communication is strictly prohibited. If you
have received this communication in error, please notify us immediately by
reply e-mail and destroy all electronic and hard copy versions of this
message and all attachments.
Sarah Oates, Esq.
Oates, Knezevich, Gardenswartz, Kelly & Morrow, P.C.
533 E. Hopkins Avenue, Third Floor
Aspen, CO 81611
Phone: (970) 920‐1700
Direct: (970) 544‐1853
Fax: (970) 920‐1121
smo@okglaw.com
4
This message is intended only for the individual or entity to which it is addressed and may
contain information that is confidential and exempt from disclosure pursuant to the attorney-client and
attorney work product privileges or as otherwise provided by law. If the reader of this message is not the
intended recipient, you are hereby notified that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this communication in error, please notify us
immediately by reply e-mail and destroy all electronic and hard copy versions of this message and all
attachments.
1
Garrett Larimer
From:captco@aol.com
Sent:Monday, April 6, 2020 10:00 AM
To:Garrett Larimer
Subject:Lacet Subdivision Public Hearing
Hi Garrett,
I would like to go on record as being opposed to this proposed change. If I remember correctly, the original terms of
allowing the Lacet to be subdivided insisted on that buffer zone.
I believe the proposal is an encroachment on the Riverside subdivision that will result in further harm to our privacy and
the environment.
The general trend in construction seems to be to clear-cut the lot, level it like a drilling pad, and to build right up to the
setbacks (see the house at Fred Lane and Riverside Dr.). The new houses have heat pumps that run 24/7 and are,
perversely, usually placed on the side of the house closest to the neighbors (again see the house at Fred Lane and
Riverside). It is terribly sad to have to live with this constant noise (which the City assures me is perfectly legal). At least
the 25' buffer zone will give those neighbors some of the protection from this that we all deserve.
Thank you.
Tim Murray
60 years on Riverside Dr.
1
Garrett Larimer
From:Paul Grenney <pgrenney@gmail.com>
Sent:Tuesday, March 31, 2020 10:42 AM
To:Garrett Larimer
Subject:Lacet Subdivision; No, on elimination of 25' buffer zone
131 Midland, Aspen, CO 81611
Mr. Larimer
This responds to the Notice of Public Hearing regarding the Lacet Subdivision request to replace the 25' Buffer Zone with
the properties setback.
As owner of 131 Midland Avenue, I vote NO on replacing the buffer zone boundary with the Property Setback.
Please contact me if you have any questions
Bonnie Geary Grenney
bgrenney@gmail.com
March 31, 2020