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HOLLAND & HART UP
ATTORNEYS AT LAw
DeNVER. AlPIN
BOULOfR . COlOIlADO SPIlINGS
DeNVER TeCH CeNTER
BIWNGS . BOISe
CHeYENNE' JACI(S(lN HOlE
SALTtm OTY
SUITE 3200
55. seve..-reNTH STREET
DENVER. COlOAADO 8Q202,3979
MAlUNG AODRfSS
~O. BOX 8749
DENVEIl, COI.ORADO 80201-87<9
TElepHONe (3031 295-8000
FACSIMile 13031 295-8261
JESSE B. HEATH
(303) 295-.8570
(303) 872'0373 Fax
jheath@thollandhart.com
July 11, 1999
Mr. William B. Wiener, Jr.
70 I Gibson
Aspen, CO 81611
Re: Hill House Condominiums
Dear Bill:
After we met with you last week, I reviewed the Co.ndominium
Declaration, the Third Amended Plat, various deeds and other documents.
When we bought our home, which is Unit B, I wanted to eliminate the
condominium, separate Unit C and establish a townhome regime for Units A and
B. Lee Pardee, who along with Randy Wedum developed the Hill House
Condominiums, said this would be a subdivision and would be very time
consuming and difficult to accomplish. As an alternative, I initiated the Third
Amendment to the Declaration, an amendment to the Bylaws and a Fourth
Amended Plat in order to achieve as much separation of responsibility as
possible. Nonetheless, the condominium regime remains in place.
The Declaration created two condominium units for the then existing
duplex, Units A and B, and provided for a third unit, Unit C, along with an
undivided interest, as tenants in common, in the Common Elements. It made all
the land (Lot 1 and Lot 2) subject to the Declaration. The General Common
Elements were defined as all the property except the space in the individual
units. The Declaration also provides in paragraph 3 that the new Unit C "shall
be subject to all the terms and conditions of this Declaration and to
condominium ownership hereunder pertaining thereto."
Paragraph 6 of the Declaration states that each deed may legally describe
a condominium unit by identifying its unit number with a reference to the Hill
House Condominiums, the Declaration and the Map. When so described, it will
be sufficient to sell and convey the unit and the appurtenant Common Elements.
Our deed, and presumably the Ulhorn's deed, did just this. On the other hand,
your deed, and at least the two deeds in your chain of title before yours, refers
to Lot 2, Third Amended Plat, Hill House Condominiums, without a reference to
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HOLLAND & HART UP
ATTORNEYS AT LAW
Mr. William B. Wiener. Jr.
July 11, 1999
Page 2
Unit C. Clearly, your grantor had no authority or ability to convey Lot 2. Your
grantor could only convey Unit C and its one-third of the General Common
Elements. I assume this was a perpetuated error, resulting from the failure of
your predecessors in title to read and abide by the Dedaration. This error can,
of course, be corrected.
Your deed, as you know, was expressly subject to the Dedaration, as
amended, the Bylaws and the Third Amended Plat. The Third Amended Plat
shows Lots I and 2 as a part of the Hill House Condominiums, Paragraph 3 of
the Declaration provides that: "The Common Elements shall be held in common
by the owners thereof." Paragraph 5 of the Declaration says that each unit and
its undivided interest in the General Common Elements and Limited Common
Elements are inseparable and may be conveyed only as a condominium unit.
Paragraph 9 provides that the "Common Elements shall be owned in common by
all the owners of the condominium units and shall remain undivided. and no
owner shaH bring any action for partition or division of the Common Elements"
Thus, it is very clear that you cannot conveyor encumber any part of Lot 2 or
any other Common Elements, except an undivided interest in connection with a
conveyance or encumbrance of Unit C, Your use. as well as our use, of the
Common Elements is subject to and limited by the Declaration.
You want to add on to your house on the basis of your ownership of
Lot 2. As previously discussed, you do not own Lot 2 and cannot use any of the
commonly owned property for this purpose.
I would still be in favor of eliminating the condominium regime, if it can
be done in a way which would benefit all the owners, For example, if Lot 2
could be conveyed to you, with the right of all owners to use the tennis court
and land across North Spring Street, and Lot 1 could be conveyed to us and the
U1horns, such that we all would be entitled to additional FAR, this is something I
would consider There may be other options which would benefit all the owners
You asked about copies of Association minutes and the name and address
of its President. There has been no Association meeting or election of officers
since we have owned Unit S, nor has there been any reason to have a meeting.
The few things that have been done have been done informally, such as the
maintenance of the tennis court and surrounding land, which, to my knowledge,
has been paid for solely by the Ulhorns and Heaths
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HOLLAND & HART UP
A'ITORNE\'S AT LAW
Mr. William B. Wiener, Jr.
July II, 1999
Page 3
I will await your response and will assume that you will take no further
action regarding the land exchange, use of Lot 2 FAR or otherwise with respect
to the Common Elements, unless and until all the Owners otherwise agree.
JBH/kr
cc: Mr. and Mrs, William V. Ulhorn
OENVER:0930196,OZ
sse B. Heath
of Holland & Hart LLP
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MEMORANDUM
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To:
Joyce Ohlson, Deputy Community Development Director
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Thru:
Nick Adeh, City Engin~ .t?
Chuck Roth, Project Engineer bI<- .
From:
Date:
May 21, 1999
Re:
Wiener/Sheffer Lot Line Adjustment
The Development Review Committee has reviewed the above referenced application at their May
19, 1999 meeting, and we have the following comments:
GeneraI- (1) These comments are based on the fact that we believe that the submitted site plan is
accurate, that it shows all site features, and that it is feasible, The wording must be carried forward
exactly as written unless prior consent is received from the Engineering Department. This is to halt
complaints related to approvals tied to "issuance of building permit." (2) If there are any
encroaclunents into the public right-of-way, the encroaclunent must either be removed or be subject
to current encroaclunent license requirements,
1, Since the plat amends an existing platted lot, the title should be the next amendment of the
original platting of that lot.
2, Provide a note that states the nature of the amendment and that in all other regards, the original
plattings remain in full force and effect.
3, Sheet 1 of the plat must also indicate the previously dedicated public right-of-way, and the
owner certificate needs to rededicate the right-of-way and any easements, Label the Spring Street
edge of pavement. Dedicate an easement for the portion of Gibson Avenue pavement on the
Sheffer parcel. A plat note may state that the owner understands that in dedicating this roadway
easement, the F.A.R. for the lot will not be affected. State the nature of the existing 25' easement
on the northerly side of the Sheffer parcel.
4, Both parcels must be fully monumented prior to signing the final plat.
5, Indicate Wiener property as Lot 2, Hill House Condominiums, The lot lines presented do not
agree with the third amended plat. There is line symbology on the plat that is unclear and is not
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explained in the legend, Indicate Sheffer property as unplatted if unplatted, Indicated adjacent
parcels with dotted lines for lots and labels for subdivision lots or unplatted, Indicate mean high
water line and 100-year floodplain line, Indicate areas of Sheffer parcel to 0,001 acres, Label the
street name as North Spring Street. Legal descriptions for each parcel must be the description after
the current, proposed amendment.
6, The City Engineer approval certificate needs to include language accepting dedication of
easement for Gibson Avenue pavement and re-dedication of Spring Street right-of-way,
7, The parking space on the Wiener parcel needs to be indicated with a dashed line rectangle and
dimensioned at 8Yz'xI8', and the driveway to the parking space needs to be labeled driveway,
8, Work in the Public Ri!:ht-of-way - Given the continuous problems of unapproved work and
development in public rights-of-way adjacent to private property, we advise the applicant as
follows:
The applicant must receive approval from city engineering (920-5080) for desigu of
improvements, including landscaping, within public rights-of-way, parks department (920-5120)
for vegetation species and for public trail disturbance, and streets department (920-5130) for
mailboxes, street and alley cuts, and shall obtain permits for any work or development, including
landscaping, within public rights-of-way from the city community development department.
DRC Attendees
Staff: Joyce Ohlson, Ed Van Walraven, Rebecca Schickling, Ross Soderstrom
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MEMORANDUM
TO:
Joyce Ohlson, Community Development Deputy Director
FROM:
Sara Thomas, Zoning Officer
RE:
Wiener/Sheffer Lot Line Adjustment, 7011707 Gibson Avenue
DATE:
May 17, 1999
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The Wiener parcel, at 701 Gibson Avenue, is located within the R-30 PUD zone district
and is subject to the following dimensional requirements:
- Front yard setback - 25 feet
- Rear yard setback - 15 feet
- Side yard setback - 10 feet
- Height - 25 feet
- Floor area - sliding scale based on lot area,
This parcel was granted a front yard setback variance by the Board of Adjustment in
March of 1984 allowing the garage portion of the structure to be located approximately
three feet (3 ') from the front property line and allowing the residential area of the
structure to be located twenty feet (20') from the front property line, Any expansions or
enlargements within these portions of the structure must comply with current zone district
setback requirements,
To determine the permitted floor area for this parcel the following shall apply:
For the purposes of determining permitted floor area, lot areas shall include only areas
with a slope ofless than 20%, Half (,50) oflot areas with a slope of20-30% may be
counted towards floor area; areas with slopes of greater than 30% shall be excluded, The
total reduction in floor area attributable to slope reduction for a given site shall not
exceed 25%,
Also excluded from total lot area for the purpose of floor area calculations is that area
beneath the high water line and that area within an existing or proposed dedicated right-
of-way or surface easement,
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Phil Overeynder, 09:42 AM 5/24/99 , Wiener/Sheffer Lot Line Adjust
X-Sender: philo@water
Date: Mon, 24 May 1999 09:42:50 -0600
To: joyceo@ci.aspen,co.us
From: Phil Overeynder <philo@ci.aspen.co,us>
Subject: Wiener/Sheffer Lot Line Adjustment
Cc: chuckr@ci.aspen,co.us
Joyce,
I wasn't able to make it tothe DRC meeting on this one but noticed
something
on the site improvement survey that concerned utilities. There is an
existing 15 ft. utility esement on the Sheffer Parcel which contains
the
existing water main that serves the Oklahoma Flats area, On the site
improvement survey, there is a cross hatched area shown attached to
"House
701" with no explanation or legend. If this is an encroachment into
the
easement area, we should have this cleared up as a condition of
-
approval qf
the lot line adjustment. If it is not an encroachment, I need more
information as to what the cross hatched areas on tne lmprovement
survey
represents. Thanks,
Phil
Printed for Joyce Ohlson <ci.aspen.co,us>
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MEMORANDUM
To:
Joyce Ohlson, Deputy Community Development Director
Thru:
Nick Adeh, City Engine~
Chuck Roth, Project Engineer (!~
From:
Date:
June 1, 1999
Re:
Wiener/Sheffer Lot Line Adjustment
Concerning the location of Gibson Avenue as shown on the lot line adjustment plat, I made a copy
of the 1974 aerial photograph and enlarged it to the approximate same scale as the plat. The edge
of pavement of Gibson Avenue in the area of Wiener/Sheffer appears to be the same as in 1974,
Note that in 1974 the publicly used space would have been about seven feet beyond the edge of
pavement due to snow removal practices of plowing snow to the side of the road, In 1999, and
since the house was built, snow would not have been plowed to that side of the street.
The edge of the Gibson Avenue pavement therefore has been in its current location in the
Wiener/Sheffer area since at least 1974.
Cc: Nick Adeh, City Engineer
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EASEMENT AGREEMENT
THIS AGREEMENT, is made as of the date signed below, by and between
, of the County of Pitkin and the State of
Colorado (the "Owner", hereinafter cal1ed Grantor) and the City of Aspen, Colorado, a
municipal corporation (hereinafter "the City"),
WITNESSETH:
WHEREAS, the Grantor is a record title holder of that property in the City of
Aspen, County of Pitkin, State of Colorado, more, particularly described as
(legal description), located at
(physical address),
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WHEREAS, the City desires to obtain from the Grantor an easement for an above
ground transformer and other similar electrical and communication utility appurtenances
upon, under, over and through the above-described property,
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WHEREAS, the Grantor is wil1ing to grant such an easement.
NOW THEREFORE, in consideration of the mutual covenants contained herein,
the parties agree as fol1ows:
1, The Grantor hereby grants to the City a non-exclusive perpetual easement for
an above ground electric transformer; underground utility lines and other similar
electrical and communication utility appurtenances, over, above, across and under a
portion ofland described as fol1ows:
An easement feet long by feet wide, Said easement is adjacent
to the al1ey right-of-way and centered upon a pad-mounted transformer as
constructed, the approximate location of which transformer is shown of Exhibit
"A" (written description) and Exhibit "B" (pictorial description), attached
hereto and made a part hereof by reference. Said easement extends six (6) feet
below and ten (10) feet above the ground surface,
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2, The city agrees that it will save and hold Grantor harmless from all claims,
causes and actions, suits, damages or demands whatsoever in law and in equity which
may arise out of, or as a consequence of the negligence of the Grantees, or its authorized
agents, servants or employees, in constructing, installing, maintaining, repairing and
utilizing the easement premises and subject utility appurtenances.
3, The Grantor further grants to the City the right of ingress and egress across
said lands for the purpose of construction, installation, removal, repair, alteration,
upgrading and replacement of such utility appurtenances as shall be placed on the
easement premises,
.4, The Grantor reserves the right to utilize and enjoy the above-described land
prOviding the same shall not interfere with the design, installation, removal, operation,
inspection, maintenance, repair, alteration or replacement of the utility appurtenance.
S, The Grantor reserves for Grantor and Grantor's successors and assigns the
right to relocate the easement and the utility appurtenance(s) therein with the consent of
the City, which consent shall not be unreasonably withheld, upon the payment of all
direct and indirect costs of such relocation, and provided that .the relocation site is
suitable for the purposes of the easement.
6, The Grantor warrants the Grantor is a record Owner of the property described
herein and it is agreed that the covenants herein shall be binding upon the Grantor and the
respective successors and assigns of the parties hereto, The Grantor further warrants that
the property described herein is free and clear 0 all liens and encumbrances whatsoever
which would prohibit or in any way subject this easement to foreclosure,
7, The Grantor agrees that the facilities installed by the City on the property
described above shaH remain the property of the City or City's assigns, as the case may
be, and shaH be removable at the option of the City or its assigns, The Grantor agrees
that the City may assign the rights granted to it hereunder to any assignee who gives
adequate assurances that any work to be performed pursuant to such assignment shall be
conducted in a good and workmanlike manner, including, but not limited to, the Holy
Cross Electric Association, Inc,
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8, After the exercise by City of any of its rights hereunder, the City agrees to
restore and revegetate the surface of the construction area as nearly as possible to the
condition and appearance which existed immediately prior to the commencement of
construction,
9, The Grantor shall bear the cost of preparation of the property descriptions,
surveying and recording documents associated with this transaction, The Grantor shall
pay the fees of any attorneys hired by the Grantor in any matters concerning this
transaction,
10, The Grantor affirmatively states that Grantor has entered into this Easement
Agreement after having had an opportunity to consult an attorney of Grantor's choice
and that Grantor has signed this Agreement freely, knowingly and intelligently,
11, This easement is binding upon the successors, representatives and assigns of
the parties and'is modifiable only in a writing signed by the parties,
THE CITY OF ASPEN:
ATTEST:
Amy 1. Margerum, City Manager
STATE OF COLORADO )
) ss,
PITKIN COUNTY )
Subscribed and swom to before me this _ day of
by Amy 1. Margerum,
,19_,
My commission expires:
Witness my hand and official seal :
Notary Public
Dated:
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GRANTOR:
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Date
STATE OF COLORADO )
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COUNTY OF PITKIN .)
The foregoing instrument was acknowledged before me this _ day of
19 _ by
Witness my hand and official seal:
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My commission expires:
Notary Public
Address:
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MEMORANDUM
Plans were routed to those departments checked-off below:
o ..........' City Engineer
o ........... Zoning Officer
o ..........' Housing Director
o ....,...... Parks Department
0....,...... Aspen Fire Marshal
o ...,....... City Water
o ........... Aspen Consolidated Sanitation District
0,........., Building Department
0.........., Environmental Health
o ........... Electric Department
o .........., Holy Cross Electric
o .........., City Attorney
0........... Streets Department
0.........., Historic Preservation Officer
o ........... Pitkin County Planning
Joyce Allgaier Ohlson, Deputy Director
Community Development Department
130 So, Galena St.; Aspen, CO 81611
Phone-920,~090 Fax-920.5439
Wiener/Sheffer Lot Line Adjustment
May 17, 1999
REFERRAL SCHEDULE
DRC MEETING DATE: (note time: 1:30-3:00)***
OTHER REFERRALS DUE TO PLANNER:
ENGINEERING REFERRAL DUE TO PLANNER:
May 19, 1999
May 21, 1999
May 21, 1999
***Please note that we will first discuss the Moore Annexation at 1 :30 and we will then
discuss this minor lot line adjustment, Those who are not affected by this can leave
following Moore, For those of you just interested in this proposal, we will probably take
this up at 2:30, Sorry for the short notice on this-it was a late decision to run it by the
DRC,
Thank you,
Joyce
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March 22, 1999
Mr, Mitch Haas, Planner
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
RE: WIENER/SHEFFER LOT LINE ADJUSTMENT
Dear Mitch,
Please consider this letter to be an application for an adjustment of the lot lines between the
following two adjoining properties: ..
. the Wiener Property, located at 701 Gibson Avenue; and.
. the Sheffer Property, located at 707 Gibson Avenue,
Legal descriptions of these properties are provided on the attached subdivision exemption
plat, Proof of the ownership of the. properties is provided via a warranty deed for the
Wiener property (see Exhibit #1) and a title insurance policy and warranty deed for the
Sheffer property (see Exhibit #2.
The owners of these properties have each submitted letters designating Alan Richman
Planning Services as their representative for this application, These letters are attached
hereto as Exhibits #3 and #4,
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We held a pre-application conference with yiJu regarding this application in December, 1998.
A copy of the pre-application form you provided to us is attached hereto as Exhibit #5, In
response to the items listed on that form, we have submitted the following:
1. Three 24" x36" prints of the site improvement survey, prepared by Aspen Survey.
Engineers, .
2. Thr:ee 24" x 36". prints of the. draft subdivision exemption plat, prepared by Aspen
Survey Engineer~, . . .
3, The requested vicinity map, locating the parcels within the City of.Aspen, is included
on the draft subdivision exemption plat. . . . .
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Mr. Mitch Haas
March 22, 1999
Page Two
FoJlowing is a written summary of the proposal, and an explanation of how the proposal
complies with each of the review standards of Section 26.88,030 (A) (1) of the Aspen Land
Use Regulations, Lot Line Adjustment.
,
Description of Application
The applicants propose to swap equal amounts of land (1,632 sq, ft.) between their two
properties, The purpose of the swap is to slightly alter the configuration of the property
recently purchased by Mr, Wiener, By doing so, this wiJl provide Mr. Wiener the
opportunity to remodel the existing house on the property within the applicable property
setbacks, The swap will not change the aJlowable floor area or development rights on the
property; it wiJl merely alter the shape of the property and its resulting setbacks,
Compliance With Review Standards
A subdivision exemption that adjusts the lot lines between two adjacent parcels may be
approved if the application complies with the foJlowing standards:
; A,' It is. demonstrated that the request is to correct an engineering or, survey error in a
recorded plat, or is to pennit an insubstantial boundary change between adjacent parcels,
Response: ,The . request is to permit an insubstantial boundary change between adjacent
parcels, The request is insubstantial because it involves a smaJl amount of land (1,632 sq,
ft, from each lot) and it involves equal amounts. of land going to and from each lot,
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B. All landowners whose lot lines are being adjusted shall provide written consent to the
application. '.
Response: Letters from both landowners have been provided as Exhibits #3 and #4.
C. It is demonstrated that the request is to address specific hardship.
n.e~ponse: The hardship associated with this application is due to the unusual shape of the
Wiener property, Given its current configuration, the City'sZoning Officer informed Mr,"
Wiener that the lot lirie directly behind the house must be considered to be a rear lot line.
. Therefore, despite the fact that Mr. Wiener's propertyc(Jntains in excessof an acre ofland,
itsaJlowable building area (building envelope) is o~ly 25' deep, The adjustment wiJl allow
..Mr. Wiener to' increase the depth of the building envelope by about 10' (still leaving it with
a very modest building envelope for a property of this size), Ultiinately, Mr, Wiener plans
to remodel the house within the allowable building area,'
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Mr, Mitch Haas
March 22,.1999
Page Three
D. The cOlTected 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 the case of an existing nonconforming lot, in which
case 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 Planning Director will
be required before its acceptance and recording,
Response: The attached plat meets all of the standards of this chapter, The Wiener lot is
conforming in size, since the property is zoned R.30 PUD and contains approximately 45,000
sq, ft. of land, The Sheffer lot is nonconforming as to size, since it contains approximately
22,250sq, ft, of land. The size of each lot will not be changed by the adjustment, nor will
the degree to which each lot will be conforming or nonconforming, . Both houses are
currently conforming as to setbacks, and will remain so following the adjustment, .
E. . It is demonstrated that the lot line adjustment will not affect the development rights or
, ,permitted density of the affected lots byproviding the opportunity to create a new lot for
resale or development.
,.Response: Since equal amounts of property are being swapped between the two lots, there
will be no change to the permitted density of either lot. .
Conclusion
In summary, we have submitted all of the materials requested of us during our pre-
application conference, We have responded to the applicable standards of the Aspen Land
Use Regulations and have demonstrated our compliance with said standards. We would
hope for an expeditious review of this application by the staff, allowing us to complete. the
lot line adjustment. Of course, should any reviewing agency request additional information,.
- orrieed for uS to clarify any of the statements made herein, we will respond in a timely
manner. Please feel fn:e to contact me as necessary,
Very truly yours,
AlAN RICHMAN PIANNINGSERVICES
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Alan Richman, AICP.
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ans were routed to those departments checke
~......... City Engineer'/
lJt........... Zoning Officer ,/
4tt:.......... Housing Director
~........, Parks Department/ .
......,.... Aspen Fire Marshal/'
..........., City Water v
"'"',......... Aspen Consolidated Sanitation District
............ Building Department
............. Environmental Health
o ..,......., Electric Department ./
o ,.......... Holy Cross Electric,
.. ...,....... City Attorney v'
o ........... Streets Department ./
o ,.,........ Historic Preservation Officer
_..,........ Pitkin County Planning
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's Bendon, Planner
Co 'ty Development Department
130 So, na St.; Aspen, CO 816
Phone-920.509
FROM:
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RE:
Burlingame Seasonal Housing Final PUD & Subdivision
DATE:
April 30, 1999
REFERRAL SCHEDULE
DRC MEETING DATE:(note time: 1:30-3:00)
OTHER REFERRALS DUE TO PLANNER:
ENGINEERING REFERRAL DUE TO PLANNER:
May 5, 1999
May 19, 1999
May 21, 1999
Thank you,
Chris,
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April 2, 1999
Ms. Joyce Ohlson, Deputy Planning Director
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
RE: WIENER/SHEFFER LOT LINE ADJUSTMENT
Dear Joyce,
This letter is in. response to your. telephone request to me today to provide you with
additional information regarding the compliance of the captioned application with the
"hardship" criteriOn of the Aspen Land Use Regulations (Section 26,88.030 A1.c,).
In our original application, we make the following statement:
"The hardship associated with this application is due to the unusual shape of the Wiener
property. Given its current configuration, the City's Zoning Officer inforned Mr. Wiener
that the lot line directly behind the house must be considered to be a rear lot line,
Therefore, despite the fact that Mr: Wiener's property contains in excess of an acre of land,
its allowable building area (building envelope) is only 25' deep. . The adjustment will allow
Mr. Wiener to increase the depth of the building envelope by abollf 10' (still leaving it with
a very modest building eIlvelope for a property of this size). Ultimately, Mr, Wiener plans
to remodel the house within the allowable building area,"
Mr. Wiener has owned a small condominium .unit in Aspen for many years and he just
purchased this property, so he can retire here and become a more permanentresident of
. the area. The house is in a two story configuration, with the kitchen and living room on the
ground floor and the master bedroom on the second floor.. However, Mr. Wiener suffers
from arthritis and gout, and is becoJ,'llingincreasingly unable to climb the stairs on a frequent
basis. Therefore, he needs to remOdel the house, to put the master bedroom on the ground
floor. Because the present envelope is only 25' deep, it is literally impossible to accomplish
this remodel unless the setbacks arereconfigured.In fact, it is even impossible for Mr.
Wiener to improve the present situation, where the front door opens directly into the living
room, instead of the more typical arrangement in a winter climate of having an entry foyer
. to keep wind and snow out of the main house,
.. ~ ve..e.i 4-/2-/ "l '1 3 p.M. .
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Ms, Joyce Ohlson
April 2, 1999
Page Two
There is only one possible direction in which the house can be expanded, and this is to the
south,' This is due to the fact that there is a water line easement immediately to the east of
the house, making it impossible to expand in this direction. An expansion to the east might
technically be possible, but would have significant impacts on his neighbors (the Sheffers),
which Mr. Wiener does not want to cause. This approach would also impact the views of
persons travelling along Lone Pine,
For your information, the existing house is presently several thousand square feet below its
allowable floor area and is much smaller than the existing houses in the neighborhood and
the new hODses recently approved by the City that are being built across thestteet, . Mr.
Wiener intends to build an addition that will still leave him below the allowable floor area
for the property,
I cannot imagine that there are many properties containing in excess of 1 acre of land,
improved with a modest house, where the building envelope precludes the owner from
remodeling or expanding the house to make it livableJor a person of his age and condition.
I believe this constitutes a true hardship, and is one that can be relieved by the City through
this lot line adjustment in a way that causes the least possible impact to his neighbors,
I believe this responds to your concernS regarding the hardship Mr. Wiener is experiencing,
Please let me know if there is anything else you require.
Very truly yours,
ALAN RICHMAN PlANNING SERVICES
1h~.Lt
Alan Richman, AICP
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p~ Se'W<U4
g'~ 3613 A4fze*, ~ 8'1612
'P~"9eu- (970) 920-1125
March 22, 1999
Mr. Mitch Haas, Planner
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
RE: WIENER/SHEFFER LOT LINE ADJUSTMENT
Dear Mitch,
Please consider this letter to be an application for an adjustment of the lot lines between the
following two adjoining properties:
. the Wiener Property, located at 701 Gibson Avenue; and
. the Sheffer Property, located at 707 Gibson Avenue,
Legal descriptions of these properties are provided on the attached subdivision exemption
plat, Proof of the ownership of the properties is provided via a warranty deed for the
Wiener property (see Exhibit #1) and a title insurance policy and warranty deed for the
Sheffer property (see Exhibit #2.
The owners of these properties have each submitted letters designating Alan Richman
Planning Services as their representative for this application, These letters are attached
hereto as Exhibits #3 and #4.
We held'u'pre-application conference with you regarding this application in December, 1998,
A copy of the pre-application form you provided to us is attached hereto as Exhibit #5, In
response to the items listed on that form, we have submitted the following:
1, Three 24" x 36" prints of the site improvement survey,. prepared by Aspen Survey
Engineers,
2. Three 24" x 36" prints of the draft subdivision exemption plat, prepared by Aspen
Survey Engineers,
3, The requested vicinity map, locating the parcels within the City of Aspen, is included
on the draft subdivision exemption plat.
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Mr, Mitch Haas
March 22, 1999
Page Two
Following is a Written summary of the proposal, and an explanation of how the proposal
complies with each of the review standards of Section 26.88,030 (A) (1) of the Aspen Land
Use Regulations, Lot Line Adjustment.
Description of Application
The applicants propose to swap equal amounts of land (1,632 sq, ft,) between their two
properties. The purpose of the swap is to slightly alter the configuration of the property
recently purchased by Mr. Wiener. By doing so, this will provide Mr, Wiener the
opportunity to remodel the existing house on the property within the applicable property
setbacks, The swap will not change the allowable floor area or development rights on the
property; it will merely alter the shape of the property and its resulting setbacks.
Compliance With Review Standards
A subdivision exemption that adjusts the lot lines between two adjacent parcels may be
approved if the application complies with the following standards:
A, It is demonstrated that the request is to correct an engineering or survey error in a
recorded pla~ or is to penn it an insubstantial boundary change between adjacent parcels,
Response: The request is to permit an insubstantial boundary change between adjacent
parcels. The request is insubstantial because it involves a small amount of land (1,632 sq,
ft. from each lot) and it involves equal amounts of land going to and from each lot.
B, All landowners whose lot lines are being adjusted shall provide written consent to the
application. .
Response: Letters from both landowners have been provided as EXhibits #3 and #4,
C It is demonstrated that the request is to address specific hardship.
Response: The hardship associated with this application is due to the unusual shape of the
Wiener property. Given its current configuration" the City's Zoning Officer informed Mr.
Wiener that the lot line directly behind the house must be considered to be a rear lot line,
Therefore, despite the fact that Mr, Wiener's property contains in excess of art acre of land,
its allowable building area (building envelope) is only 25' deep, The adjustment will allow
Mr,Wiener to increase the depth of the building envelope by about 10' (still leaving it with
a very modest building envelope for a property of this size), Ultimately, Mr, Wiener plans
to remodel the house within the allowable building area.
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Mr. Mitch Haas
March 22, 1999
Page Three
D, 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 the case of an existing nonconforming lot, in which
case 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 Planning Director will
be required before its acceptance and recording,
Response: The attached plat meets all of the standards of this chapter. The Wiener lot is
conforming in size, since the property is zoned R.30 PUD and contains approximately 45,000
sq, ft. of land. The Sheffer lot is nonconforming as to size, since it contains approximately
22,250 sq, ft. of land, The .size of each lot will not be changed by the adjustment, nor will
the degree to which each lot will be conforming or nonconforming, Both houses are
currently conforming as to setbacks, and will remain so following the adjustment.
E, It is demonstrated that the lot line adjustment will not affect the development rights or
permitted density of the affected lots by providing the opportunity to create a new lot for
resale or development,
Response: Since equal amounts of property are being swapped between the two lots, there
will be no change to the permitted density of either lot.
Conclusion
In summary, we have submitted all of the materials requested of us during our pre-
application conference, We have responded to the applicable standards of the Aspen Land
Use Regulations and have demonstrated our compliance with said standards, We would
hope for an expeditious review of this application by the staff, allowing us to complete the
lot line adjustment. Of course, should any reviewing agency request additional information,
or need for us to clarify any of the statements made herein, we will respond in a timely
manner, Please feel free to contact me as necessary,
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
*'~~
Alan Richman, AIep
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EXHIBITS
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EXHIBIT #1
WARRANTY
DEE D
THIS DEED, made this 07 day of DSCEMBt:R
1998, between CAHN & PARTNERS LLC, a Colorado limiced !iabiticy company
OF THE COUNTY Of PIT!<:H~, STATE OF CO
GRANTOR.
WILLIAM B. :'/IE!,:eE, JH.
GRANTEE
whose leg~11 .:Ud(l.:.'flS if>
401 MARKET ST SUITS l tl (). SIlRgVC;PORT, [,i...' 11 01
CITY Of SHREVErOP.T, COUNT\' Ot:' ____,. STATE Of' LA
WITNESSETH, 1'l1.>1t (Ot-and in cOllsidr.H"ation of t~le sum ot ten dollars
ano other good <1!ld '/.:;.hrClble consideration, t!~'2 t'"eceipt and sufficiency of
which is heceby ,1d::1o~:1~'d'.Jed. the grantor 11,,15 granted, bargained, sold and
conveyed. and by r:tv.:.se pre5ent!' da"!5 gran':. b"Il:;'q3in, sell and convey and
confit"m unto I:h,~ gr;lntee, his beirs and ~osigl1s fot'ever, all the real
property together with improvements, if an}'. situate and lying Cll1d being in
the Town of ASPF:N, COUllt)' of PITKIN, St:ar;:e at. COLORADO. describ"=!d
as follows:
LOT 2, T!l(RD Mll;:N!)f:O PLAT, ~rLI. HOUSE CONOONINWNS, according
to the Third Al1H:.'t1(Jed PLH chereof, ri?corded May 13, 1985 in Plat
Bouk 17 at P~lge 15, and ,IS defined .:lllt] described in the Condominium
lJecJ,JraC iOll for II: I J HOltSe Condominiul1I:' recorded Sepc€mbcrh,
1978 in B(Jo~ J)!, ;I( P,.I~t' }')), and ;IS (,ullIained in Ihe' ~:irSI t\rn{'ndment
r('curded ~I<ll'ch 2B, 193) ill Book tl41 :I( jJnge 566, and (111:': Second
^rnelldll1i:.'II~ l'~;t:urlkd Septl'm!H!( 19,198.', ill Ilook ~7) olt Pilnt) i89
oll1(J l\ll1('n~litl('I1C rV('()I"(J,>J- ill aook ,S27;1~. P;.Il;(' 174.
TOGeTHER -_,i c), ., l i "I:
thereto tl'~lO:I'.lll:..I.
!r,,!\:!:n ~.I1,:i' ~lel'i:.':ll' clnd <lj?[)'.Jl't-"'!,c:ln,>?o:'
I'~',"...., .:lp1.I,,:,rc,11,!I:!:q, i:Hld the r,,=ve~.2;':'O~l C'.nd
reV€rSlon~. ,i"II",i:II".!-:':'~; ~''''~~'::. L.';r;lIes tllld !' :fits thereoE.tlr~d <'Ill che
estate, rigl1!:. I:i~l,;. ':c'.!!i?sc. cli:l,im .=tnd ~!':'III:\:ld \,hc1tsoever of tlle gt"antor
either in 1 Cl'.1 nl ~,qqH,',,_ 'Jf, .ill .;llld to till' ,1bove bat"gained pt'emi.$es, '.-.lith
t he he red i :';1111,,;11'~ i> :ll"Id :1I:!_'\I:r cen.:ltlce.o;; _
TO HAVE AND TO HOLD tJle :J.:1id premises abov~ bat-gained and described,
with the appurten~nces. urlCO the grantee, ite successors and assigrts forever.
And the Grantor. for itself, its successor.<; <:llld assigns, does covenant,
grant, bargain, and agree 1;0 and with the Grantee. his heirs and
assigns, that at the tillle of the ensealing delivery of the presents, it is
well seized of I:he preml-'3es above conveyed, ha.o;; goad, sure, perfect,
absolute and indefeasible estate of inheritarlce, in law, in fee simple,
and has good right, f.ull power (lnd letwful aut;horicy to grant, bargain,
sell and convey the samE: in manner and form as aforesaid, and chat the
same are free MId clear from all former and otller grants, bargains, sales,
liens, taxes, assessments, encumbrances Olnd re~;t;ricc.iOrls of 'dhatever Jdr,d
or nature soever-. ~y.cept those rnatters as .o;et: Forch all Exhibit "A" attached
hereto and incocpor<lted n"n2in by ('efet'eoc'"."
The grClntor
pr~1TIi !:lefl i::
,:Ind ,'l$S igrl';
,;!I,',]! "l~~U ..:tIt ',IJ\fUi.ANT ANO F'Or!::v!':R Of-FEND elle il!:~::e ~,~"rgMined
'l,~,,';tl.'.l(: pO:.;':"" . ~.' '~'I t!lt.: gl'i1nr.,,:,'''. ~\:ic !J,?irs
.IJ L:'[:;I ~I!: . :1".1 ",-,'C'..y pl:!n,;'.l~1 .1 1,'i'I'~0l1S 121',:(ully c:!~iilling the
Tlk ~in9111:H !I'.rll'~:"~t. .',llt<ll include the plural,
,1:1(1 c:11-= use of gelld'::'f .<;hall be applicable to all
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whol(~ or ,111~.' U,'II': \.11'.'-(',;-,.,
the plural t!Je ~ingul~r.
genders.
1111111111111111111111111111111111111111111111111111111
42~247 12/eS/199B 11,e3R WO ORVIS 51LVI
1 of 2 R ll,ee 0 149.8~ N e.e0 PITKIN COUNTY CD
CAHN & PA~TN~/ LI.C
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d (I-rf-Ila, J l' ,-:,~.:(,;;~:;-;-:~,~-C1Z
STATE OF' (OLOI{1\!JO
COUNTY OF PITKtN Sf>.
The foregoing ins(:rllment ."as acknowledged befa,e me this "1.( h day of OECErlBER
1998 ,by OJiN;;' PARTNERS LLC, 11 Color;Jdo !iflli{t>d liabilit)l comp<lrly
by'. \\^RRIS fl. (,\\IN, its'-.~,~'.0.~~2.:...- l \. .'_ I 4~'~~~\
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EXHIBIT #2
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Vincent J. Higer.s
?:esid~nt
PInZ:1 COOl-l'tr Trn.~. Iue,
oJl E. HOPXINS, JRD F~OOR
AS?e~. COLORADO alSll
970-925-1756 970-925-6527 fAX
'tAX :.0. S4-:)971~9:
:WOICE to:
O~CB:R ,,0, 059
;JCVGL.A:; SHEFFER
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LEGAL OESCRI?T10N: SEZ ArTAc~v
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M:RTCAGE pc~rcY S
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CAlICELLATrON FEES
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PRSV :O:;S aA:.A.\1::?
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pr-r;cn:: C~XJNTY tITLE, rue., A C:":'~Y r..:C~NSEO trTLE r~'st:R.ANCE A:;e:rr IN 7'H:::
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P!T:G:~ COO'N7'Y I COLORAZ:'O DISCL:SSS !'liE rCLL,,,w~~r::;:
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r.EG~ o~scarPTION
$~S Ar7h:~ED GENE?~~ ~AR~~rY Dzev
DEEDS or TRUST ~PAR~~~Y ~~E~EASEO,
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Ll!NS AND JUOG~NTS (ACAINST SAST G~TEE) A>>PAR~Tr.Y ~~E~~$!D;
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7H:S !N:O~~TrCN !S peR ~0CR seSE ~S2 ~~~ 3~EFZT t~D rs f~~~rS~EC AS ~~
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W:~Hv~r R~FERENCE ~O, CPO ~XkV;:}t~rION OP, ~NS1R~M~NTS W~!c^ ?ORPORTS TO
AFFEct 7H:: RE:AL ?RC?2'?1'Y, :::'H-S D!'fO:?.."1AT!ON rs ~'r~r1'"H;::tt. G..J~R.~'ITEE''O N'IJ~
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EXHIBIT #3
March 10, 1999
Mr, Mitch Haas, Planner
City of Aspen Community Development Department
130 South Galena Street
Aspen, CO 81611
RE: WIENER/SHEFFER LOT LINE ADJUSTMENT APPLICATION
Dear Mr, Haas,
As the owner of record of the property located at 701 Gibson Street (see legal
description attached), I hereby consent to the adjustment of the lot line of my property
with my neighbor's property, as is more fully described in the captioned land use
application,
I also hereby authorize Alan Richman Planning Services to act as my designed
representative with respect to this land use application, Alan Richman is authorized to
submit those land use applications necessary to obtain approval for this lot line
adjustment. He is also authorized to represent me in meetings with City staff and with
any applicable review bodies,
Should you have any need to contact me during the course of your review of this
application, please do so through Alan Richman Planning Services, whose address and
telephone number are included in the land use application,
Sincerely,/, '
/
.~..
William 8. Wiener, Jr,
401 Market Street
Suite 1110
Shreveport, LA 71101
318-221-3334
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EXHIBIT #4
~
DOll/( & Barbara Sheffer
. P.O. Box 250
Aspell, CO 81612
March 19, 1999
Nlr, Mitch Haas, Planner
City of Aspen Community Development Department
130 Soutb Galena Street
Aspen, CO 81611
RE; Wiener Lot Line Adjustment Application
Dear Mr. Haas,
As the owners of record of tbe property IbCated at 707 Gibson, Aspen, CO, I hereby consent to the
adjustment of the lot line of our property with our neighbor's property, as is more fully dess:!ibed
in the captioned land use application,
We also hereby authorize Alan Richman Planning Services to act as our designated representative
with respect to this land use application, Alan Richman is authorized to submit those land use
applications necessary to obtain approval for this lot line adjustment. He is also authorized to
represent us in meetings with City staff and with any applicable review bodies.
Should you have any need to contllct us during the course of your review of this application, please
do so through Alan Richman Planning Services. whose address and telephone number are included
in the land use application,
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CITY OF ASPEN
PRE-APPLlCA TION CONFERENCE SUMMARY'
PLANNER:
PROJECT:
REPRESENTATIVE:
OWNER:
TYPE OF APPLICATION:
DESCRIPTION:
Mitch Haas, 920-5095 DATE: 2/1/99
Wiener Lot Line Adjustment
Alan Richman, 920-1125
Mr. Bill Wiener (and neighbor)
No-step, Subdivision Exemption for lot line adjustment
An equal (or close to equal) swap of/and between adjacent,
contiguous parcels,
Land Use Code Section(s):
Section 26,88.030(A)(1), Subdivision Exemptions -- Lot Line Adjustment;
Section 26.88,040(D)(2)(a)((1)), Final Subdivision Plat; and,
Chapter 26,52, Common Development Review Procedures.
Review by:
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 $ I 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.
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 nwnber 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 = !lea,; Planning Staff = 2
7, An 8 \1," by II" 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 Departrllent if the project is determined not to warrant a survey docwnent.)
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,
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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.
11, 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 Mitch Haas at 920-5095, or bye-mail atmitchh@ci.aspen.co.us.
*DiscIaimer: 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.
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MEMORANDUM
TO:
Julie Ann Woods, Community Development Director
FROM:
RE:
Joyce A. Ohlson, Deputy Director'
Wiener/Sheffer Lot Line Adjustment
DATE:
May 11, 1999
Attached for your signature is a "Decision Notice" which approves the Wiener/Sheffer Lot
Line Adjustment. After conferring with Assistant City Attorney, David Hoefer, and at his
recommendation, I have utilized the amended criteria adopted by the City Council on
May 10, 1999 contained in Ordinance #10, Series 1999 in evaluating the application
and preparing this decision.
I have referred this application to the City Engineer and the applicant has responde9 to
the Engineering Department's requested amendments to the plat. You will note that the
plat contains a specific plat note which establishes the lot size for future calculations of
floor area and stipulates that no additional floor area or density may arise from the Lot
Line Adjustment.
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NOTICE OF ADMINISTRATIVE DECISION
OF THE
COMMUNITY DEVELOPMENT DIRECTOR
Alan Richman, applicant, on behalf of William B, Wiener, Jr" owner of a lot identified as
Parcel No, 2737-073-345003 (located at 701 Gibson Avenue) and on beh.alf of Doug
and Barbara Sheffer, owners of a lot identified as Parcel No, 2737-073-300051 (located
at 707 Gibson Avenue) in the City of Aspen, Pitkin County, Colorado, has applied for a
Lot Line Adjustment in order to permit the transfer of equal amounts of land between the
two subject properties,'
In accordance with the provisions of Section 26,88,030, Exemptions, of the City of
Aspen Land Use Regulations (the "Regulations"), the Community Development Director
is given the authority to grant an exemption from the Subdivision Regulations in order to
allow a lot line adjustment between contiguous lots if certain conditions exist or are met.
The application was reviewed under the criteria of Section 26,88,030(A)(1)(a-d) of the
Regulations.
Based on the review criteria, the Community Development Director finds the request to
be consistent with the conditions subject to the conditions stated below, Specifically, the
Planning Director determined:
a, 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; and
b. All landowners whose lot lines area being adjusted shall provide written
consent to the application; and
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 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; and
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.
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PLANNING DIRECTOR DECISION
This Administrative Decision for a Lot Line Adjustment and finding that this qualifies as
a Subdivision Exemption is hereby granted on this _ day of June, 1999 to allow an
adjustment to the lot lines between the subject properties as noted above and as shown
on the amended plat, subject to the following conditions,
CONDITIONS OF APPROVAL
1, No additional modifications to the approved plat are permitted without the
written approval of the Planning Director.
2, All applicable requirements of the Land Use Code of the City of Aspen,
except as provided for herein, must be satisfied prior to obtaining a
building permit.
3, A plat note must be included on the amended plat which indicates the
purpose of the lot line adjustment and that no additional floor area will be
allowed based on the lot line adjustment. The plat note language must
meet with the approval of the Community Development Director.
CITY OF ASPEN, COLORADO
Julie Ann Woods,
Community Development Director
Attest:
Jackie Lothian, Deputy City Clerk
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Plat Note:
For the purposes of calculating allowable floor area in the future, the designated lot area
of Parcel 1 shall be square feet and the designated lot area of Parcel 2 shall
be square feet. The allowable floor area is subject to increase or decrease
based upon the Land Use Code provisions in place at the time of development
application; however, neither the allowable floor area nor density may be increased due
to an increase in the lot area caused specifically by the Lot Line Adjustment. This plat
note is in conformance with Section 26.88.030(e) of the Land Use Code which disallows
any increase in floor area or density in conjunction with the approval of a Lot Line
Adjustment.
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EXHIBITS
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ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
(Please Print Clearly)
CITY OF ASPEN (hereinafter CITY) and
(hereinafter APPLICANT) AGREE AS FOLLOWS:
I, APPLICANT has submitted to CITY an application for \..0\ l~ ~<I.. M.~,,-~A---e.j.
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance No, 43 (Series of 1996)
establishes a fee structure for land use applications and the payment of all processing fees is a
condition precedent to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to ascertain the full extent of the costs involved in processing
the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow
APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be
billed to APPLICANT on a monthly basis, APPLICANT agrees he will be benefited by retaining
greater cash liquidity and will make additional payments upon notification by the CITY when they
are necessary as costs are incurred, CITY agrees it will be benefited through the greater certainty of
recovering its full costs to process APPLICANT'S application,
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to
enable the Planning Commission and/or City Council to make legally required findings for project
approval, unless current billings are paid in full prior to decision,
5, Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its rightto
collect full fees prior to a determination of application completeness, APPLICANT shall pay an
initial deposit in the amount of $ lD?o which is for ';). ." hours of Planning staff time, and if
actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings
to CITY to reimburse the CITY for the processing of the application mentioned above, including
post approval review, Such periodic payments shall be made within 30 days of the billing date,
APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension
of processing.
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CITY OF ASPEN
APPLICANT
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Julie Ann Woods
Community Development Director
City of Aspen
Signature:
Date:
Printed Name:
Mailing Address: