HomeMy WebLinkAbout0019.2013.ASLU
0019.2013.ASLU/250 Aspen - Aspen CommDev fee agmt and auth BG signed.pdf
0019.2013.ASLU/Exhibit A.pdf 782121_1.PDF
Overlap Area Exhibit A 250 Aspen Property Crete Property
0019.2013.ASLU/Exhibit B.pdf 889458_1.PDF
Exhibit B
0019.2013.ASLU/Exhibit C.pdf Microsoft Word - Green Acres Plat
ExhibitC
0019.2013.ASLU/Exhibit D.pdf Merriam Subdivision Plat.pdf
ExhibitD
0019.2013.ASLU/Exhibit E.pdf 937996_1.PDF
Exhibit E
0019.2013.ASLU/Exhibit F (v. 2).pdf 20130313143941292.pdf
Exhibit F
0019.2013.ASLU/Exhibit G (v.3).pdf
0019.2013.ASLU/Lot Line Adjustment Application to City of Aspen.DOC
E. Michael Hoffman
E-mail: mhoffmanl@garfieldhecht.com
Phone: (970) 544-3442
March 14, 2013
Ms. Sara Nadolny
Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Lot Line Adjustment Request, Joan Creté and 250 Aspen, LLC
Dear Sara:
This letter constitutes the joint application of Joan Merriam Creté (“Creté”) and 250 Aspen, LLC (“250 Aspen”) for an adjustment of the boundary between their respective parcels. Concurrent
with this lot line adjustment request, 250 Aspen is seeking to disconnect from the City that portion of the “subject property” which will remain under the ownership of 250 Aspen following
the effective date of the lot line adjustment.
1. Overview of Request.
250 Aspen purchased Lot 3, Block 1, Green Acres Subdivision, Pitkin County, Colorado (the “250 Aspen Property”) in January of 2012. During its due diligence review prior to closing,
250 Aspen learned that a portion of the southeast corner of the property “overlapped” with Lot 1, Merriam Subdivison, Pitkin County, Colorado (the “Creté Property”), as shown on the
survey which has been filed with this application as Exhibit A. 250 Aspen was willing to close on its purchase of the Property notwithstanding the existence of the overlap with the
Creté Property because all of the “Overlap Area” exists below the high water line of the Roaring Fork River. None of the Overlap Area can be developed and none of it contributes to
the floor area of what may be developed on the parcel under to the Pitkin County Land Use Code. (All of the 250 Aspen Property lies within unincorporated Pitkin County other than that
portion which constitutes the Overlap Area.)
250 Aspen approached Creté in 2012 for the purpose of dividing the Overlap Area and resolving the competing claims to the property. The result was the Agreement to Resolve Conflicting
Property Boundaries (the “Resolution”) dated as of July 15, 2012, a copy of which has been filed with this application as Exhibit B. Under the Resolution, approximately half of the
Overlap Area was to be consolidated into the Creté Property and half was to be incorporated in the 250 Aspen Property. Each party waived their claim to the property incorporated into
the parcel owned by the other party.
2. Lot Line Adjustment Approval Standards.
Lot line adjustment applications are exempt from the City’s subdivision regulations under Section 26.480.030 A. 1. The following conditions must be met to qualify as a lot line adjustment
(the non-italicized language found below represent the responses of the applicants to each criteria of the Land Use Code):
a) It is demonstrated that the request is to correct an engineering or surveying error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels; and
The legal description of the 250 Aspen Property was established in the Plat of Block 1 of the Green Acres Subdivision which was approved by the Pitkin County Board of Commissioners and
Pitkin County Zoning Commission on August 18, 1960. A copy of the relevant plat has been filed with this application as Exhibit C. Although the plat itself indicates that the southern
and southwestern boundaries of the 250 Aspen Property exist within the Roaring Fork River, it also includes “calls” for the dimensions of each of the lots within the subdivision. Survey
monuments have been placed at some of the corners identified in the plat. Those monuments support the legal description of the 250 Aspen Property as shown in the plat. A licensed
surveyor certified as to the accuracy of the survey and plat. A reduced version of the survey found in the plat is shown below:
A Subdivision Exemption Plat for the Merriam Subdivision was approved by the City of Aspen on June 11, 1990. A copy of the relevant plat has been filed with this application as Exhibit
D. As shown below, the Merriam Subdivison plat indicates that the parcel’s eastern boundary exists within the Roaring Fork River:
The land which is now the Merriam Subdivision was added to the City of Aspen in the “North Annexation,” which was accomplished pursuant to Ordinance No. 30, Series of 1967. A copy of
the ordinance and the annexation map have been submitted with this application as Exhibit E. A review of the vicinity map found on the Merriam Subdivision plat and the North Annexation
Map identifies the following as the Creté Property as shown on the North Annexation Map:
Again, the North Annexation Map indicates that the northeastern boundary of what is now the Creté Property (and this section of the City of Aspen) exists within the Roaring Fork River.
It may be important that the legal description of this property as found in both the Merriam Subdivision Plat and the North Annexation Map make reference to certain aspects of the
Roaring Fork River as it existed at the time of each survey. The annexation map includes many references to “the centerline of the Roaring Fork River.” The legal description found
on the Merriam Subdivision Plat begins “at the center line of the Roaring Fork River at low water” and uses that identifier repeatedly.
Without a more complete analysis of the history of the conveyances of both of the parcels at issue here, it is impossible to say for certain how the overlap of the Creté and 250 Aspen
Properties occurred. However, it is likely that changes in the channel of the Roaring Fork River may have been the cause. The cause may be related to the fact that the legal description
of the Creté Property is tied to the location of the center line of the river at low water, while the description of the 250 Aspen Property has no such reference. In any case, it is
clear that the surveyors of the plats for the two properties did not identify the “Overlap Area.” The parties have agreed to resolve the discrepancy by establishing a new boundary
which “splits the difference” – providing each party with one half of the total area of the property originally claimed by both of them.
b) All landowners whose lot lines are being adjusted shall provide written consent to the application; and
Written consent from both Creté and 250 Aspen are included with this application as Exhibit F.
c) 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 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; and
A copy of the proposed Lot Line Adjustment Plat has been filed with this application as Exhibit G.
d) 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.
The change effected by the lot line adjustment requested here will be to reduce the size of each of affected lots. While a reduction in the size of a lot would typically lessen the development
potential of the lot, all of the area to be forfeited by each of these owners exists below the high water line of the Roaring Fork River. Under the regulations of both the City and
County no development potential is granted to property located below the high water line. Therefore, approval of this lot line adjustment request will have no effect on the development
potential of either parcel.
The lot line adjustment request should be approved.
3. Disconnection from the City Requested for Resulting 250 Aspen Property.
Following approval of the lot line adjustment request presented above, a portion of the 250 Aspen Property will be located within the City and the majority will be within unincorporated
Pitkin County. To avoid questions of which authority has jurisdiction over the property, 250 Aspen requests that the “City portion” of its property be disconnected (or de-annexed)
from Aspen.
As a home-rule municipality, the City may have the right to establish its own regulations concerning the annexation to and disconnection of property from its boundaries. However, the
City has not exercised this authority and the City Attorney has directed 250 Aspen to utilize general Colorado law which applies to statutory cities for this application.
C.R.S. § 31-12-501 provides that
When the owner of a tract of land within and adjacent to the boundary of a city or town desires to have said tract disconnected from such city or town, such owner may apply to the governing
body of such city or town for the enactment of an ordinance disconnecting such tract of land from such city or town. On receipt of such application, it is the duty of such governing
body to give due consideration to such application, and, if such governing body is of the opinion that the best interests of the city or town will not be prejudiced by the disconnection
of such tract, it shall enact an ordinance effecting such disconnection.
A petition of 250 Aspen seeking disconnection of its portion of the Overlap Area from the City is attached to this application as Exhibit G. Approval of the Petition will not prejudice
the best interests of the City. The City does not reap any property tax from the Overlap Area. Taxes have been, and will continue to be, levied against the Creté Property. The portion
of the Overlap Area to be disconnected from the City is located entirely within the Roaring Fork River and has no development potential.
Disconnection should be approved in this case.
Thank you for your consideration.
Sincerely,
E. Michael Hoffman
Ms. Sara Nadolny
March 14, 2013
Page 5
0019.2013.ASLU/PETITION FOR DISCONNECTION.DOC PETITION FOR DISCONNECTION
250 Aspen LLC (the “Applicant”), a Colorado limited liability company, as the owner of the following real property located in Pitkin County, Colorado,
Block 1, Green Acres Subdivision, according to the Plat thereof recorded September 17, 1963 in Ditch Book 2A At Page 292, under Reception No. 1163228, County Of Pitkin, State Of Colorado,
as said parcel has been amended from time to time (and referred to herein as the “Property”),
hereby petitions the City of Aspen, pursuant to C.R.S. § 31-12-501, for the disconnection of certain real property from the City, as more particularly described in Exhibit A, which property
is referred to herein as the “De-Annexation Parcel.” As shown in the proposed lot line adjustment plat submitted with this Petition, said De-Annexation Parcel is within and adjacent
to the boundary of the City of Aspen. Further, Applicant respectfully requests that the City Council of the City of Aspen find that the best interests of the City of Aspen will not
be prejudiced by disconnection of said De-Annexation Parcel from the City of Aspen, that it approve this request and memorialize its approval by the adoption of an Ordinance consistent
with the request made herein and that two (2) certified copies of the Ordinance, along with a map of the area concerned, shall be delivered to the Pitkin County Clerk and Recorder for
recording in the real property records of Pitkin County, with instructions to the Clerk to file the second certified copy with the Division of Local Government in the Department of
Local Affairs of the State of Colorado, as more particularly described in C.R.S. § 24-32-109.
PETITIONER:
250 ASPEN LLC
a Colorado limited liability company
By:
William Guth Date
Manager
Exhibit A
Legal Description of De-Annexation Parcel
A PARCEL OF LAND SITUATED IN THE NE 1/4 NE 1/4, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN; SAID PARCEL OF LAND BEING A PORTION OF THAT PROPERTY DESCRIBED
AS LOT 3, BLOCK 1, GREEN ACRES SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 27, 1963 UNDER RECEPTION NO. 116288 AND A PORTION OF THAT PROPERTY DESCRIBED AS LOT 1, MERRIAM
SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 13, 1990 UNDER RECEPTION NO. 327935; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY AND EASTERLY BOUNDARY LINE OF SAID LOT 1, MERRIAM SUBDIVISION, WHENCE THE 1978 BLM BRASS CAP FOR THE N 1/16 SECTION 12/7 BEARS S.76o17’37"E., A
DISTANCE OF 191.96 FEET (WITH ALL BEARINGS HEREIN BEING BASED ON A BEARING OF S.89o15'58"E. BETWEEN SAID BRASS CAP AND CORNER NO. 14, BROWN PLACER); THENCE N.54o05'54"W., A DISTANCE
OF 102.00 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF SAID LOT 1, MERRIAM SUBDIVISION; THENCE N.49o40'40'"E., ALONG SAID WESTERLY BOUNDARY LINE A DISTANCE OF 39.66 FEET TO THE
NORTHWEST CORNER OF SAID LOT 1, MERRIAM SUBDIVISION; THENCE LEAVING SAID WESTERLY BOUNDARY LINE S.59o03'00”E., ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT 1, MERRIAM SUBDIVISION A
DISTANCE OF 28.11 FEET; THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY LINE S.23o12'00"E., A DISTANCE OF 70.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 1, MERRIAM SUBDIVISION; THENCE
LEAVING SAID NORTHERLY BOUNDARY LINE S.05o57'00” E., ALONG THE EASTERLY BOUNDARY LINE OF SAID LOT, A DISTANCE OF 6.71 FEET TO THE POINT OF BEGINNING.
CONTAINING 2,686 SQUARE FEET OR 0.062 ACRES, MORE OR LESS.
CITY OF ASPEN
COUNTY OF PITKIN
STATE OF COLORADO
0019.2013.ASLU/Proposed Plat (3-15-13) Page 2.pdf M:\3200dwgs\12036\PLAT\12036 PLAT SHEET02 (1)
0019.2013.ASLU/Proposed Plat (3-15-13).pdf M:\3200dwgs\12036\PLAT\12036 PLAT SHEET01 (1)
0019.2013.ASLU/Vicinity Map.pdf 795215_1.PDF
865 855 870 860 850 845 846 368 364 247 288 250 218 239 209 152 207 WILL O UG H B Y W AY R O A R I N G F O RK RD City of Aspen 250 Willoughby WayAerial Photo: Fall, 2008 Map Produced:
March 22, 2012 1 inch = 125 feet 0130 65 Feet ZThis map/drawing is a graphical representation of the features depicted and is not a legal representation. The accuracy may change depending
on the enlargement or reduction. Copyright 2012 City of Aspen/Pitkin County VicinityMap 250Aspen Property Creté Property