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HomeMy WebLinkAboutcoa.lu.ec.Bibbig Lot Line Adjustment 2737-074-04-006C-"VJIVD a/),Oo Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City Land Use Application Fees: 00113-63850-041 Deposit -63855-042 Flat Fee -63 860-043 HPC -63885-268 Public Right-of-Way -63875-046 Zoning & Sign Permit_ - MR011 Use Tax County Land Use .Application Fees: 00113-63800-033 - Deposit -63805-034 Flat Fee -63820-037 Zoning -63825-038 Board of Adjustment Referral Fees: 00113-63810-035 00115-63340-163 00123-63340-190 00125-63340-205 00113-63815-036 Sales: 00113-63830-039 -69000-145 County Engineer City Engineer Housing _ Environmental Health _ County Clerk County Code Copy Fees Other Name: �C��f "I-t Odd) l Y Address: I i Phone: Total 450 -() U Date:9/k--,;, Check:J 0 Project: Case No: A W A (A No. of Copies Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City Land Use Application Fees: 00113-63850-041 Deposit _ -63855-042 Flat Fee -63560-043 IIPC -63885-268 Public Right -of -Way -6387/ 5-046 'Zoning & Sign Permit - IV'iR011 Use Tax County Land Use .Application Fees: 00113-63800-033 Deposit -63805-034 Flat Fee -63820-037 Zoning -63825-038 Beard of Adjustment Referral Fees: 00113-63810-035 00115-63340-163 00123-63340-190 00125-63340-205 00113-63815-036 Sales: 00113-63830-039 -69000-145 County Engineer City Engineer Housing _ Environmental Health _ County Clerk County Code Copy Fees Other Name: Address: Phone Total y Date: Check: f Project: Case No:y No. of Copies CASELOAD SUMMARY SHEET - CITY 01W PEN DATE RECEIVED: 9/10/96 CASE # A61-96 DATE COMPLETE: STAFF: Stan Clauson PARCEL ID # 2737-074-04-006 PROJECT NAME: Bibbig Lotline Adjustment & Exemption from Subdivision Project Address: 101 Park Ave.Aspen, Co. APPLICANT: Dieter Bibbig Address/Phone: P.O. Box 175 Aspen,CO 81612 925-3418 REPRESENTATIVE: Joseph E. Edwards, Jr. Address/Phone: 502 Main St. Suite 201 Carb.Co. 963-3900 RESPONSIBLE PARTY: Applicant Other Name/Address: FEES: PLANNING $450 ENGINEER $0 HOUSING $0 ENV HEALTH $0 TOTAL $450 AMT. RECEIVED $450 ❑ City Attorney ]City Engineer ❑ Zoning ❑ Housing ❑ Environmental Health ❑ Parks DATE REFERRED: # APPS RECEIVED 4 # PLATS RECEIVED GIS DISK RECEIVED: No TYPE OF APPLICATION: Staff Approval `':IAF r- (2 �L. .'. ❑ Aspen Fire Marshal ❑ City Water ❑ City Electric ❑ Clean Air Board ❑ Open Space Board ❑ Other: I ' y ' INITIALS: 11\; APPROVAL: Ordinance/Resolution # Staff Approval i Plat Recorded: CLOSED/FILED DATE: INITIALS: ROUTE TO: ❑ CDOT ❑ ACSD ❑ Holy Cross Electric ❑ Rocky Mtn Natural Gas ❑ Aspen School District ❑ Other: DATE DUE: Date: Date: Book Page • • LAW OFFICES HILL, EDWARDS, EDWARDS & ADKISON, L.L.C. CENTENNIAL PLAZA BUILDING 502 MAIN STREET, SUITE 201 CARBONDALE, COLORADO 81623 THOMAS C. HILL TELEPHONE JOSEPH E. EDWARDS, JR.. P.C. (970) 963-3900 JOSEPH E. EDWARDS, III FACSIMILE THOMAS L. ADKISON (970) 963-3131 January 7, 1997 Stan Clauson, Director Bob Nevins Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: Bibbig Subdivision Exemption - Lot Line Adjustment Gentlemen: I have revised Dieter Bibbig's Application for the Lot Line Adjustment which had been submitted September 5, 1996 to reflect the fact that, at the City Attorney's request, we had deleted from the Plat the third parcel owned by Mr. Bibbig which is adjacent to the two parcels involved in this Lot Line Adjustment. Mr. Worcester suggested it be deleted since it was not involved in this Lot Line Adjustment. This deletion resulted in a different numbering of the parcels involved in the Lot Line Adjustment. What was initially referred to as Parcel III is now numbered Parcel II. The Lot Line Adjustment Plat has now finally been approved by the Engineering Department. We would appreciate it if this lot line adjustment could be approved as soon as possible, since we've had a four month delay getting it approved by Engineering and we've had to continue a planned closing several times already. Thank you in advance for your cooperation. Very truly yours, HILL, EDWARDS, EDWARDS & ADKISON, L.L.C. JEE:caw Enclosure bibbig\lclauson.02 LAW OFFICES HILL, EDWARDS, EDWARDS & ADKISON, L.L.C. CENTENNIAL PLAZA BUILDING 502 MAIN STREET, SUITE 201 CARBONDALE, COLORADO 81623 THOMAS C. HILL TELEPHONE JOSEPH E. EDWARDS, JR., P.C. (970) 963-3900 JOSEPH E. EDWARDS, III FACSIMILE THOMAS L. ADKISON (970) 963-3131 A.-r r January 7, 1997 PpR�VE jp1007 Stan Clauson, Director commuto UEVt-L�+ Moo Wit" Bob Nevins UMpFASPEN Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: Amended Application for Approval of Lot Line Adjustment and Exemption from Subdivision Dear Messrs. Clauson and Nevins: This Amended Application seeks approval by the Planning Director for a lotline adjustment pursuant to Section 26.88.030A.1. and B. An application fee of $450.00 was tendered with the original Application. The Amendment is required since the Lot Line Adjustment Plat was amended in the course of review by Engineering and what was previously referred to as Parcel III is now referred to as Parcel II. 1. Applicant's Information The Applicant for this lot line adjustment is Dieter Bibbig, the owner of both parcels of land involved: Dieter Bibbig P. O. Box 175 Aspen, Colorado 81612 (970) 925-3418 A letter signed by the Applicant, authorizing Joseph E. Edwards, Jr., 502 Main Street, Suite 201, Carbondale, Colorado 81623, (970) 963-3900, to act as his representative on this Application is attached as Exhibit A. • • Stan Clauson, Director Bob Nevins Aspen Community Development Department January 7, 1997 Page 2 2. Property Description The street address of the parcels involved in this lot line adjustment is 101 Park Avenue, Aspen, Colorado, and the legal descriptions are: PARCELI A tract of land situated in the SW 1/4 SE 1/4 of Section 7 and in the NW IA NE 1/4 of Section 18, Township 10 South, Range 84 West of the 6th P.M., Pitkin County, Colorado. Said tract is part of the Lone Pine Lode U.S.M.S. 1910, part of the Mollie Gibson Lode U.S.M.S. 4281 and part of Lot 1, Sunny Park Subdivision and is more fully described as follows: Beginning at a point on the Southwesterly line of Lot 1, said subdivision, whence corner No. 3 of said Mollie Gibson Lode bears North 70°23'33" West 220.01 feet; thence North 32°09'58" East 94.76 feet to a point on the Southwesterly line of Park Avenue; thence South 14°22'26" East 113.34 feet along the Southwesterly line of said Park Avenue to a point on Line 1-4 of said Mollie Gibson Lode; thence South 38°00'00" West 124.61 feet along said Line 1-4 to the point of Intersection with Line 2-3 of the Riverside Place U.S.M.S. 3905; thence North 89°46'00" West 71.90 feet along said Line 2-3 to the point of Intersection with Line 3-4 of said Mollie Gibson Lode; thence North 34° 17'00" West 53.55 feet along said Line 3-4; thence North 50' 17'00" East 130.26 feet to the point of beginning. PARCELII A tract of land being part of Lot 1, Sunny Park Subdivision, City of Aspen, Colorado, lying northerly of the centerlineof a road easement as shown on a plat recorded in Book 4 at Page 398 of the records of Pitkin County. Said tract is more fully described as follows: beginning at the west corner of said Lot 1 whence corner No. 3 of the Mollie Gibson Lode, M.S. No. 4281 Am. bears first N 43°49'00" W 146.00 feet and then S 38°99'00" W 100.00 feet; thence N 38°00'00" E 138.00 feet to the Northwest corner of said Lot 1; thence 41.22 feet along the arc of a curve to the right having a radius of 33.93 feet, the chord of which curve bears S 17' 11'49" E 38.73 feet; thence 39.07 feet along the arc of a curve to the left having a radius of 70.00 feet; thence S 32°09'58" W 81.37 feet to a point on the centerlineof said easement; thence N 66°55'00" W 49.99 feet along said centerline; thence following said centerline 16.23 feet along the arc of a curve to the right having a radius of 40.00 feet; thence N 46°20'00" E 10.00 feet to the point of beginning, containing 0.161 acres, more or less. 3. Ownership Disclosure The owner of both parcels of land involved in this lot line adjustment is Dieter Bibbig. The southeasterly most parcel, designated Parcel I in this Application, was created by a previous lot line adjustment approved by the Planning & Zoning Commission August 8, 1973, shown as the "Drew" parcel on the Plat recorded at Plat Book 4, Page 398, a copy of which is attached hereto as Exhibit B. The northeasterly parcel designated Parcel II in this application was the east half of the "Bibbig" parcel on the previous lot line adjustment plat (Exhibit B). The Court Order dividing the "Bibbig" Parcel, along the access easement in accordance with Gertrude Bibbig's Will was entered July 22, 1980 (Exhibit C), later recorded as Reception No. 397141. The deed from the Estate of Gertrude Bibbig to Dieter Bibbig for Parcel II was recorded in Book 398 at Page 64(Exhibit D). There are no liens or encumbrances against Parcel I, the parcel to be reduced by the requested boundary line adjustment. The following Deeds of Trust encumber Parcel II, the parcel to be increased by the requested boundary line adjustment: Deeds of Trust at Book 706, Page 888 to secure Thatcher Bank $150,000.00; Book 677, Page 829 to secure Norwest Bank $30,000.00, re -recorded at Book 727, Page 234. There is a Contract between the Applicant and Otto Frenzel for a sale of Parcel I as it is to be adjusted by this lot line adjustment application U Stan Clauson, Director Bob Nevins Aspen Community Development Department January 7, 1997 Page 3 4. Vicinity Location A vicinity map locating the subject parcels within the City of Aspen is attached hereto as Exhibit E. 5. Parcel Survey A Lot Line Adjustment Plat, including parcel legal descriptions both before and after the adjustment, easements, topography and vegetation and showing the existing and the existing and proposed boundary line and easement location, certified by a registered land surveyor, is attached hereto as Exhibit F. 6. Proposed Lot Line Adjustment Criteria As seen on the Lot Line Adjustment Plat (Exhibit F), the proposed lot line adjustment is to rotate the most northerly part of the northwesterly sideline of Parcel I (north of the angle point) clockwise and move the terminus point of that boundary line southerly along Park Avenue. This would decrease the acreage of Parcel I from 16,774 square feet to 13,747 square feet. The existing duplex on Parcel II installed many years ago, does not meet current side yard setbacks, and the more logical and appropriate boundary between Parcels I and II should be along the access easement. To relocate the boundary between Parcels I & II to the revised access easement will allow the existing house on Parcel II to have the land north of the access easement as a yard and will make Parcel II more in conformance with zoning by creating an adequate side yard setback. The standards for a lot line adjustment, found in Chapter 26.88.030A.1., and the compliance by this Application with such standards are as follows: 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. This Application meets the second part of that standard, since it is an insubstantial boundary change between adjacent parcels. The proposal is to remove 3,000 square feet from Parcel I and add that square footage to Parcel II. • • Stan Clauson, Director Bob Nevins Aspen Community Development Department January 7, 1997 Page 4 b. All land owners whose lot lines are being adjusted shall provide written consent to the Application. Applicant is the owner of both of the parcels involved in this lot line adjustment. C. It is demonstrated that the request is to address a specific hardship. The specific hardship being addressed is that the existing boundary line is within several feet of the front steps of the house on Parcel II and mere inches from the existing wood deck. Given the house location on Parcel II and the access driveway dividing Parcel I, it is impractical to have the boundary in its current location. Relocating the boundary as proposed allows the land that surrounds and relates to the house on Parcel II to become part of that parcel and allows the natural dividing line of the access easement to function as the appropriate boundary between Parcel I and Parcel H. 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 cases of an existing non -conforming lot, in which the adjustment shall not increase the non -conformity of the lot. The reduced size of Parcel I (i.e., 13,740 square feet) will still exceed the minimum lot size for the R-6 PUD zone district for allowed duplex or single-family uses and the increase to the size of Parcel II will make that lot size conforming with the zone. Parcel II currently comprises 6,852 square feet, which is sufficient to comply with the 6,000 square foot minimum lot size in the R-6 zone, but is non -conforming for a duplex lot which requires 9,000 square feet. The lot line adjustment as contemplated would make this lot conforming, as it would then exceed the 9,000 square feet required for the existing duplex in that zone. Also, the side yard setback for the duplex on Parcel II, will be made conforming by the lot line adjustment. e. It is demonstrated that the lot line adjustment will not affect the developmert rights or permitted density of the affected lots by providing the opportunity to create a new lot for resale or redevelopment. The lot line adjustment will not affect the density. Parcel II is fully developed with a duplex residence. Parcel I is being reduced in size, but not below the minimum lot size allowed by the district for a duplex or single-family uses. No new lot for resale or development is being created by the lot line adjustment. Stan Clauson, Director Bob Nevins Aspen Community Development Department January 7, 1997 Page 5 If you require further information or have any questions, please let me know. Very truly yours, HILL, EDWARDS, EDWARDS & ADKISON, L.L.C. J 4sephE !ar s, Jr. JEE:caw Enclosures cc: Dieter Bibbig bibbigUclauson.03 BIBBIG - APPLICATION FOR LOT LINE ADJUSTMENT Exhibit A Letter from Dieter Bibbig Authorizing Representation Exhibit B Bibbig/Drew Parcel Lot Line Adjustment Plat Exhibit C Court Order Dividing "Bibbig" Parcel Exhibit D Personal Representative's Deed to Parcel II Exhibit E Vicinity Map (From Zoning Map) Exhibit F Lot Line Adjustment Map bibbig\2exhibit.lst DIETER BIBBIG P. O. Box 175 Aspen, Colorado 81612 July 26, 1996 To Whom It May Concern: Dieter Bibbig, as the owner of the property located at 101 Park Avenue, Aspen, Colorado, consisting of three parcels of land, authorizes Joseph E. Edwards, Jr. of Hill, Edwards, Edwards & Adkison, L.L.C., 502 Main Street, Suite 201, Carbondale, Colorado 81623, Phone #963-3900, Facsimile #963-3131, to process an Application for a lotline adjustment pursuant to Section 26.88.030A.1. and B. of the Aspen City Land Use Code. Verbs truly yours, Dieter Bibbig bibbig\ltwimc.01 0 EXHIBIT A g I lu Air: 4-11� nli t it�, ti IXI 1, TRI.CO_AMAGIMINT, IN im Aw" PVIIrto C COOMAN"'� I- - -A - IA9=-- f-*-E! '>T THE DISTRICT COURT & 7 L� j`'.rr' 0001 IN M&OR THE COUNTY OF PITKIN •JL' r ' STATE OF COLORADO No. P-1233 IN THE MATTER OF THE ESTATE OF GERTRUDE BIBBIG, Deceased. ESTATE CLOSING ORDER C' (-' k Upon consideration of the Petition for Allowance of First and Final Account of Personal Representative, for Apportionment of Death Taxes and Order of Distribution filed herein by Dieter Bibbig, as Personal Representative of the above Estate; and the Court finding that the allegations of said Petition are true and correct, that all required notices have been waived and the granting of the Petition has been consented to by all interested parties, that the above Estate has been administered in accordance with law, and that the: administratiott- of the z. R above Estate has been complete and should be closed; IT IS ORDERED: 1. That the First and Final Account of the Personal Representative,'and all things contained therein, is hereby approved and allowed. 2. That attorney fees of Petor Van Domelen, attorney for the above Estate in the amount of $3,991 59 are hereby 1.iUproved and allowed. 397141 09/17/96 02:03P PIG 1 OF 5 REC DOC SILVIA DAVIS PITKIN COUNTY CLERK e RECORDER 26.00 3• Tthe apportionment of deo taxes, and interest thereon, as set forth in .'Said Petition is hereby } approved and the death taxes, and interest thereon, are hereby apportioned $14,787.81 to Dieter Bibbig and $19,844.07 to Ingetraut Drew, as the beneficiaries of the above Estate. i^ 4. That the distribution of assets as set forth in said Petition is hereby approved and the Personal Representative is hereby authorized and dirQc+ a �-" s-cribute the remaining assets of the above Estate in the; manner and to the persons set forth in the Schedule of Distribution which is annexed hereto and made a part hereof. 5. That upon making the distribution of assets as authorized and directed herein, and upon payment of the unpaid portion of the attorney fees as authorized herein, and duly filing receipts therefor with this Court, the Personal Representa- tives be released and discharged and the administration of the above Estate be closed. Dated: 1980. DISTRICT COURT OF'PITKIN GFJIJ�J; ASPEN,�COLORADO-_ . Certified to be a full,: rue anct cgrrect copy cf the origina in my custtQd .-1'- Dated Clerk - - Deputy 397141 09/17/96 05:�►3�' I='fz 0F 5 A parcel of la,-1situated in the SouthwearM411 of the South >.jst of section 7 a0in the Northwest k of th*ortheasth of section 18, Township 10 South, range- 04 West of the 6th P.M., Pitkin County, Colorado. Said tract is part of the Lone Pine Lode M.S. 1910 and the Mollie Gibson Lodu, M.S. 4281 A.M. and is more fully describe) as follows: Beginning at the Southwest corner of Lot 1, Sunny Park Subdivision, whence corner No. 3 of said Molly Gibson Lode bears N 43°40'00" W 146.00 feet and S 38'00'00" W. 100.00 feet; thence S 43°00'20" W 10.00 feet toa point on the centerline of a road easement as shown on a plat recorded in Book 4 at Page 389 of the records of Pitkin County; thence following said centerline 16.23 feet along the arc of a curve to the left ljaving a radius of 40.00 feet, the chord of which curve veers S 55°17'30" E 16.12 feet; thence S 66"55'00" E 49.99 feet along said centerline; Lhence 32'09;58" W 13.39 feet; tlietic(.- S 50° 17' 00" W 1 30. 26 feet; thence N 34.17' 00' W 59.99 feet; *hence N 52040'00" E 34.33 feet; thctice N 43' 40'00" W 32.60 feet; thence 46.20'00" E BS-00 feets thence S 43' 40'00' E 32.00 feet to the point of l)eyinning, zo�.tasninj 0.243 acres, more or less. There is also conveyed an easement for access purposes lying 10 feet on each side of the centerline of said road easement. 'i I i;97141 k�9/ 17/96 022 :1 3P, PIG 4 OF 5 A parcel of 1& being part of Lot 1, S Park Subdivi- sion, City of Aspen, Wlorado, lying northe , in the centerline of a road easement as shown on a plat recorded in IIook 4 at Page 398 of the records of Pitkin County. Said tract is more fully described as follows: beginning at. the Southwest corner of said Lot 1 whence corner No. 3 of the Molly Gibson Lode, M.S. No. 4281 AM. bears tI 43.49100" W. 146.00 feet and S 38°99'00" W 100.00 feet; thence N 39000'00"E; 138.00 fe,!t. to the Northwest corner of said Lot 1; thence 41.22 feet along the arc of a curve to the right having a radius of 33.93 feet, the chord of which bears S 17011149" E 38.73 feet; thence 39.07 feet along the arc of a curve to the left having a radius; of 70.00 feet; thence S 32.09' 58" w 81.37 feet to a point on Lhe c:cnterline of said easement; thence N 66*55'00" W 49.99 feet alone said centerlines thence following said centerline 16.23 feet along the arc of a curve to the right having a radius of 40.00 feet; thence N 46020'00" E 10.0 feet to t;ie p'.%int of beginning, cont.3ining 0.164 acres. more or less. There is also conveyed an easement for access purposes lying 10 feet on each Side of the co,riterline of said road easement. 397141 09/17/96 02:03F, FIG 5 OF 5 .I ES;i Or GBRTRUDB 8I882G. DECr SED rt. . chedule oDistt ribution f ' • To Ingetraut Drew 4; ; That certain real property described in Exhibit A attached hereto, being that same real property described -in Article II of the Will. $ 120,700.00 The furniture, fixtures and furnishings described in Article II'of the Will. 1,000.00 $ 121,700.00 Subject to the following liabilities which are to be assumed:by.Ingetraut Drew: i5 . Promissory Note payable;to the Bank of Aspen secured by a Deed of Trust on -the real property described�,in Article II of the Will. $ 15,247.09 Loan payable to Ingetraut Drew. 4,043.88 Legal fees payable to Peter Van Domelen. 505.49 $ 19,796.46 Net Distribution $ 101,903.54 To Dieter Bibbi That certain real property described in Exhibit B attached hereto, being that same real property described in Article II of the Will. S 93,400.00 The furniture, fixtures and furnishings described in Article III of the Will. 500.00 holy Cross Utility Refund Receivable. 370.24 Cash 112.77 $ 94,383.01 subject to the following liabilities which are to be assumed by Dieter Bibbig: Promissory Note payable to the Bank of Aspen secured by a Deed of Trust on the real property described in Article III of the Will. S 11,773.43 Loan payable to DieteY e�bbig. 3,092.40 Legal fees payable to Peter Van Domelen. 369.51 $ 15,235._34 Net Distribution 5 79,146.67 397141 09/17/96 02:03P PIG 3 OF 5 I F9 MVkjW ;KA UCT 2 8 19W of th!%ty of FitkIn C.Iv,111, 'fl irao -,, as tho Pocsona, -e-prozent,itive of the `;--atv 0' -,%:rtrude Bibbi4# dd4ft-i-4c6:, as Grantor'. Wreby se: 1,; :r>nveys to SIBBIG as Granter, that P.- 0. SOX carr -in d 1. ty 1WStQd to Pitkin Coun 0, eSl pro"r in Exhibit jittachel hereto arO -mde a na t A r he efaf. with all its appurt4pna -tees. sublact to that cortaoL.-I Deed Of Trust for the us4'-of the gznk c)f A*p*v) recorded i r. Boolt at Pates 252 **--tha ritkin Ccunty Records, which DWO of 41- -4 WW 4.xwtQ PAY. Granter w4 r ts, In his capscity a4 Personal DWP14+.s•srnta-1 t f Cwt-trade Sibbicle. dacoaglws WA riot to ho Avr-' aglizgt &11 Piltsens cFa 0. a urler t ho -Cran tvr; subject to resarvattans, extr tiara en- acrtt�, restrictiore anal Oth" inztrixgtit$ of :S racard: qer.-cral real estate taxes for I S? 9 aftd tbareartar; Ind that certaint.- as aforesaid. Owea of Trus t2 g Do" is executed aroJ delivered by the Crantor as t ha Jy_quajjfj*d am.] acting Pcr*cnal P:*prcsaftt&4V* of to .0 4, V g4t&tO of- Gertjuda BiLbi-1, de-zeased, baring Prob4to -1233 in the nistr.ict Cotirt f-or 6,itk1n County, Color-sao. pwsuant. to Article III of the IAst Mill and ".2stamm"t of '"id deceased -and the Ordor of Oistributio-n entered �,y sald'Couct on July 22 1140. "m Last Will and Testasent of G*rtrade. bibbio,.;died 1977. w4s odwittod to. PrC4- %a in tht! bLitrict'Court roc P%t.ktn Ccrunty, Colorado oa EXHIBIT 6 _4 IW398 "a' 65 Jun- I4 ltho r,aril-3r %t,-- abpointek. Per-4anal Repi -sontat -o at 'ha 1 t il.e f7-rtr%l(fc C', n Junes it, 1177 and Let* -esta.m. -tart' were issu*4 on ;U" 14, OY 4 A-O il nod this e la? DIFra labir, nr --.na.-xDO PIT3M COMY OP .4 d A inztr,.v-vmt rat acitnoVladqed beto k I W, lry Dieter sibbiq, Per 4nd lffiCiAl 5031. A wotyry Cll 2c r. cor=ission "piros v-. J W- I Ti 01, INV puv*l of I&Od tx.Aav wirt at :fit smast Piift 1risqr'.Irtwoly of tbwt Oi4zar M Ot 'tho ftcw of Amccl SL I � Ile W7 .4 lAt 1. of left baysca 2 raliv. di 74. s 4 Oolrt of b jr !ILI to 04cb I;*&- of, ttk- vwatk-CHQ''Of salos lk 7 N. MA W , A� PUD� • V) •I R -15 P W . Z � Cl 7- • U Ar e LIMITS 4 RMF � 2 9 P Ur D PU D. m 4 e Z 3 goo AVE • 3 .�crHnPKIhS i AVE. , 6 Z '6 ; S 1 ? A o 7 r�DALE'.AVErn ID ■�►1 ■ t 2 3 �` 7 3 ,l .15A If ` PUD) .1 Aft ale 00 I .` ' e R . �(PUD) hl �� ; (PUD) I EXHIBIT IX ! r'1 I 1 [ € E� iId 0 • TO Nick Adeh TO Stan Clauson CC cares MESSAGE DISPLAY From: Ross Soderstrom Postmark: Nov 26,96 4:05 PM Status: Previously read Subject: Subd. vs Lot Line TO John Worcester TO Bob Nevins Message: I would like to have a meeting to discuss the appropriate procedure for reviewing the Bibbig Lot Line Adjustment application. The property has never been formally subdivided, the current application involves only 2 of the 3 lots but the applicant is trying to include all 3 lots in the plat which he insists requires an improvement survey plat rather than a subdivision plat. If that is so, what happens to the 3rd lot if it comes up for re -development but is not platted? Would we then require a single lot subdivision to bring in the single lot? Is Wed 11/27 possible or wait until next wk? • TO John Worcester cc Bob Nevins MESSAGE DISPLAY TO Nick Adeh cc cares From: Ross Soderstrom Postmark: Nov 22,96 10:48 AM Status: Previously read Subject: Easement on Bibbig, Parcel I ------------------------------------------------------------------------------ Message: I expect Joe Edwards will be contacting you Re. the request for an easement dedication for the existing storm drain culvert. Most of the other corrections I requested are being made although the plat includes Parcel II which is not a platted parcel and it is the subject of most of my corrections since it appears the applicant is trying to legitimize an unplatted parcel on this plat which rightfully should only include Adjusted Parcel I and Adjusted Parcel III. • • November 18, 1996 Mr. Joseph Edwards, Esq. fit.R, . 502 Main Street Carbondale, Colorado 81623 THE CITY of AsPEty Subject: Bibbig Subdivision Exemption - Lot Line Adjustment Plat Corrections Dear Mr. Edwards: In reviewing the Bibbig Subdivision Exemption - Lot Line Adjustment Plat, I have found several corrections, listed below, which still need to be made before the plat will be ready for recording. It is particularly important to the City of Aspen that such land surveys be properly completed to reduce the possibility of real property boundary disputes and provide for the orderly development of the City infrastructure. 1. Reference Ties: The four parcel descriptions and the road and utility easement description are inconsistent between themselves in the direction from each respective point of beginning to the Corner No. 3, Mollie Gibson Lode. It appears the correct direction is northwesterly for each of these descriptions. 2. Incomplete Reference: In the description of Adjusted Parcel III, either the Book or Page number in the reference to the road easement is missing. It appears that this should be the same citation as listed in the Owner's Certificate. 3. Clear Plat Margins: Both state statue and city code require plats to have clear margins. As such, the plat title and sheet numbering will adequately fit in the lower right corner of each sheet with only minor revisions. Similarly, the drawing should not extend beyond the borders of the drawing area as it presently does with the power line and building footprint on the bottom margin of the plat. 4. Survey Monuments: The plat legend indicates that at least eleven (11) required survey monuments have not been set and as such the survey is not a proper monumented survey and will not be accepted by the City for recording. 130 SOUTH GALENA STREET - ASPEN, COLORAD0.816.4PHONE 970.920.5000 - FAx 970.920.5197 Printed on Recycled paper 1.2896.DOC Letter: Bibbig Subdivision Exemo- Lot Line Adjustment Plat Corrections • The plat also indicates that the survey monument on the southeasterly line bordering the Winnerman property was not found although the same surveyor found a yellow plastic cap 9175 at this location as recently as November, 1993. If the monument has been lost in the interim, it should be re-established while setting the other monuments for the property. All monuments, found and set, shall be fully identified on the plat as to the size and type of monument and the inscription each bears. 5. Basis of Bearings: Policy 8 of the Colorado State Board of Registration for Professional Engineers and Professional Land Surveyors specifically defines the standard of a proper basis of bearings statement. Although identified on the previous corrected plat, this correction has not been made. 6. Nomenclature: The phrase " edge of river bank" is not a defined term in surveying nomenclature. As represented on the plat, this broken dashed line is most probably the "edge of water" or "edge of river" followed by the date, as shown. 7. Building Encroachment: The encroachment of the existing building on Parcel II into the utility and road easement is not properly described by bearing and distance. 8. Curve Description: The description of the curve at the northerly end of Parcel III is inconsistent between the Original Parcel III and Adjusted Parcel III descriptions and the plat. If the origin description contained a typographical error in it, this should be noted with the other errors in that description and the corrected value incorporated in to the description of the Adjusted Parcel III and on the plat. 9. Definition of Easement and Underlying Lot(s): The access easement with recording information previously depicted at the northeasterly corner of Adjusted Parcel I needs to be replaced on the plat. The portion of the underlying Lot 1, Sunny Park Subdivision which lies within the subject property needs to be clearly indicated with a broken or stippled line and labeled accordingly. It appears that the underlying Lot 1 :ot line and the side of the above access easement are coincident. 2 OF 4 L.2s96.DOC Letter: Bibbig Subdivision Exeilon - Lot Line Adjustment Plat Corrections • i 10. Copy of Title Commitment: A copy of the title commitment case No. PCT 108-38-C2 used in preparing the plat will need to be submitted with the plat to verify information before signing by the City Engineer. City code requires that the title commitment have been issued within 1 year prior to the present application. 11. Storm Drainage Sewer Easement Dedication: The City is requiring proper dedication of the existing prescriptive storm drain easement for the existing storm drainage sewer (14 inch diameter, nominal) and its outfall channel to the Roaring Fork River which passes through Adjusted Parcel I. This easement is necessary for the proper maintenance, construction, reconstruction and operation of the storm drainage sewer. The parameters of the easement are as follows: A 20 ft wide utility easement extending 5 ft to the north and northwesterly side of the centerline of the existing storm drainage sewer and 15 ft to the south and southeasterly side of the centerline of the existing storm drainage sewer. The property owner will not plant nor place trees, boulders, permanent structures, exotic landscaping or other obstacles on, over, in nor above the easement; may only landscape with soft landscaping materials and plants; the City will not be obligated to repair, restore, or replace any landscaping which the property owner may perform or place in the easement which is disturbed, damaged, pruned, removed or relocated in the course of operating, accessing, or maintaining the storm drainage facilities in the easement. The approximate location of the storm drainage sewer easement is shown on the returned marked -up plat. The bearings and distances will need to be calculated and placed on the plat with the boundaries of the easement. 12. Computer File of the Plat: Either a computer generated file in DXF format, or a digitized computer file meeting the same parameters, in either case on 3.5 inch diskette, will need to be submitted after the final review of the plat and before recording of the plat. See the attached two-sided information sheet for GIS Submission Requirements. Please contact Mary Lackner at 920-5090 for further specifics regarding the computer file parameters. 13. Continuation of Existing Natural Gas Line Easement: KN Energy has not yet returned an answer to my inquiry about the continuation of service in the existing gas line given that the easement containing the existing natural gas line is intended to be abolished. As such, I have included the following condition 3 OF 4 1-2896.13OC Letter: Bibbig Subdivision Exeme- Lot Line Adjustment Plat Corrections • in the event that the utility provider will need to formalize the continuation of the existing easement to maintain the existing service to the property. A dedicated gas line easement for the existing natural gas line through the northeasterly corner of Adjusted Parcel I, which easement may be revoked if or when the existing gas line is abandoned or taken out of service. The easement shall be 15 ft in width located such that the existing gas line lies 3 ft from the southerly edge of the easement and 12 ft from the northerly edge of the easement. The easement shall follow the natural gas line presently in place. 14. Miscellaneous: A north arrow needs to be added to the vicinity map. The power lines extending to and from the power pole along the southeasterly line of Adjusted Parcel I need to be identified as aerial lines (verses buried lines). The electrical service drop from the power pole on Adjusted Parcel III also needs to be shown. For ease of reviewing the site before signing the plat, please have the survey monuments clearly flagged and uncovered and provide me with the name and telephone number of the person whom I should contact before making a site review. If you have any questions, please call me at 920-5087. Sincerely, Ross C. Soderstrom Project Engineer Enclosures: Copy of Bibbig Lot Line Adjustment Plat with Corrections GIS Submission Requirements cc: Nick Adeh, P.E., City Engineer John Worcester, City Attorney ,,,Kobert Nevins, City Planner Kim Galves, Engineering Dept. Office Manager 4OF4 L2896.DOC MEMORANDUM TO: Nick Adeh, City Engineering THRU: Stan Clauson, Community Development Director Dave Michaelson, Deputy Director FROM: Bob Nevins, City Planner DATE: September 13, 1996 RE: Bibbig Lot -line Adjustment and Subdivision Exemption Parcel I and Parcel III, 101 Park Avenue Parcel ID No.: 2737-074-04-006 Attached is the development application for the Bibbig Lot -line Adjustment. The lots are located at 101 Park Avenue near Regent Street. The property is currently zoned Medium - Density Residential (R-6/PUD) which requires residential lots to be a minimum of 6,000 square feet. Planning staff has reviewed the application and finds it to be an Exemption in accordance with Section 26.88.030 of the Subdivision regulations. Prior to final approval of the Lot -line Adjustment, we would like Engineering to review the proposed Plat Amendment to ensure that it meets the Subdivision standards, conforms to the requirements of the Land Use Regulations, and adheres to applicable State statutes. Based upon Engineering's recommendations, I will request that the applicant's representative, Joseph Edwards, submit to Community Development for approval signatures and recordation with the Pitkin County Clerk and Recorder, a Final Plat drawn in permanent ink on 24 x 36 inch reproducible linen or mylar. The information will also be submitted in a digital format pursuant to City of Aspen GIS Submission Requirements. f • • LAW OFFICI HILL, EDwARDS, EDWARDS & ADKKISON, L.L.C. c m sxNIA1. rLAzA BuaZL4a 502 MAIN SIREITS SUIX 201 CAPJIQNDALF- COLOKADO 81623 '[ HOMAS C IDLI. Tf31liFF14N8 IC aUm R EDWARDS, TR.. P.Q (M) 9d-4-3900 IOSSM R EDWARDS, IM P.G PACMCILE Tiit]'►RA3 L ADBZSfJi` (970) 963.3131 FAdCSIx13:.E COVER SHEET 12MRrABTz =S [.-CMWj=T Cff IS Xh-ZE M SOZ=Y FOR UW USE OF 2= PEMMM BERSIB OR OTBBRS AVTffl2RXMCV Ta Ab'CNX P IP. mas COMONiC` ITCH Aar ISCL=u PRIPILm= aHD coArm)zvr£AL zxFomarxox Ruw ASHY OGEE, Dxsqmvnwivff OR RBPRODuA=x0x BY UhaV2w9 zw PSl?smw is ADSMUTMY PROB78I2m. IF YOU SAFE RBCE2VED MrS CXLMKagUa11TX0x IP %RRDR, PT SE WTIFY THR SEND / � i. % TO: �,6 r�J 1 N S CAD FAX NUMBER: q zQ - J5 4 3 FROM: 4,�) EF j) t&j ioa b S DATE : l -5f 41 RE. -IN &5( Total number of pages: w (inclucUng this cover sheet) . If you do not receive all Of the pages, please call (970) 963-3900. DOCUMENTS TRANSMITTED: M A�zf::_, UP OF _�G�$ PZ4*Uf�e1>(:TD AT ]54?9 CUP - MESSAGE : �ry heeal lfaxt= I'd CZT'ON SQddMQ3 -nIH 6Jdc=::21 -366T'SD 'd3S • • uw OFP1C ES HMJ-, EDWARDS, EDWARDS & ADKISON, L.L.C. C8 2q -IAL PLAZA BUU.MW 3 502 MA q SrRMT. SUIT$ 201 CARWRiDALF. ADO 61623 THOMAS G RML JOSF7K 8 BnWARM MR P.G JCIST&W is rM WA dnI& III, Ra 'IWO" L ATJSL M September 5, 1996 Stan Clauson, Director Aspen Community Development Department 130 South Galena Street Aspen, Co 81611 TZE.SPEWM (4711) 96SAWO rArsndnE (9W) y63.1131 RE: Application for Approval of Lotline Adjustment and motion from Subdivision Dear Mr. Clauson: This Application seeks approval by the Planning Director for a lotline adjustment pursuant to Section 26.88.030A.1. and B. 1 am enclosing an application fee of $450.00. 1. Applicant's Information The Applicant for this lotline adjustment is Dieter Bibbig, the owner of both parcels of land involved: Dieter Bibbig P. 0. Box 175 Aspen, Colorado 81612 (970) 925-3418 A letter signed by the Applicant, authoxizizlg Joseph E. Edwards, Jr., 502 Main Street, Suite 201, Carbondale, Colorado 81623, (970) 963-3900, to act as his representative on this Application is attached as Exhibit A. ._ ' d C::T ' 0',l 50 UNQ3 1� IH 4JdE = : 23bGT ' ' d3S • • Stan Clauson, Director September 5, 1996 Page 2 2- Pro ert Descry tion The street address of the parcels involved in this lotline adjustment is 101 Park Avenue, Aspen, Colorado, and the legal descriptions are: PAAM I A tract of la134 situated in the 8W 1/4 ON 1/4 of 94otian 7 and in the MW 2/4 N8 1/4 Of Sddtion 7.8, Tcrmbip 10 south, Raage 94 veers of the 6th P-N-, Pitkin County, Cnlarada. Bald tract is part of the Lone Pine Lode U.8.14.6. 1910, part Of VKA U5111s Gibson bode U.S.M.S. 4281 and part oe Lot 1, sonny Yank Subdivision and is sore folly described ae follows. 9091cn1n7 at a ppo�int Go the soothweeterly lips of Lot 1e said eabdlvlri-=, WWWO earner No. 3 of maid Malli► z6on Lode beare Harth 70 23'33" wort 220,01 feet; thence Barth 3i'09'5Bv Halt 94.76 'feet to a point on the SQvtWn0terly lira of Park Avenne; theme SO= 14'22'26' Eeat 113.34 feat along the 5ontftwater7y line of said Park A"=Q to a point On line 1-4 of said Mollie Qibson Lode; thence South 39*00100" west 124.61 feet along said Line 1-3 to the Point of IntersaotiLM with Line 2-3 of the RiverYide Plaos u.s.7c.e. 390S; thence North 09*46100' Want 71.90 feet along said Liun 2-3 to the yoiRt of Intersection with Sine 3-4 of said Nellie Gibson LOdo! thence NorU 34'17'00' Nest 65.35 foot along Said Lice 3-4; rbeaoe berth 50'171001 East 130.20 fast to the point of beginning. pARC?L_ T i; S, tract of land being Part of Lot 1, 8nnhy Pack Subdivieion, City of Aspen, Colorado, lying northerly of the waterllrie of a sold enaenrmt as Shure vn a Plat rea4arQed in Hook 4 at Pa90 398 Of t" record p of Pltkin Cvnuty said tract ie more fully described as fvllowrl beginning at the vast corner of said Lot I Qmace corner No. 3 of the Mollie Gib5On bode, M.B. lie. 4281 Am. baara first 9 43449'000 W 146.00 feet and then S 38'49'00" V 100.00 feet; thence N 38100140" E 138.00 feet to the NOrthweet corner of said Lot 1; thence 42.22 feet along the arc of a curve to the rigbt pavjng a radius of 33.93 feet, the cbjord of i&ich curve boars S 17'11'49' E 313.73 feet; thence 39.07 feat alonj the *= of a curve to the left having a xMil7s of 70.00 feet; th®ce s 32'09'56" w 67..37 feet to a point on the caslterline of quid easement; thence X 65'55100' V 49.99 toot along said centetilAe; thmee lolloming said centerline 16.23 feet along tAe are of a curve to the ri2bt having a raQica of 40.00 feet; thmco N 46'20'00" E 10-DO Zest to the point of beginning, containing 0.161 acre, more or leer. 3. Ownership Disclosure The owner of both parcels of land involved in this lotline adjustment is Dieter Bibbig. The southeasterly most parcel, designated Parcel I in this Application, was created by a previous lotline adjustment approved by the Planning & Zoning Commission August 8, 1973, shown as the "Drew" parcel on the Plat recorded at Plat Book 4, Page 398, a copy of which is attached hereto as Exhibit B. The northeasterly parcel designated Parcel III in this application was the east half of the "Bibbig" parcel on the previous lotline adjustment plat (Exhibit B). The Court Order dividing the "Bibbig" Parcel, along the access easement in accordance with Gertrude Bibbig's Will was entered July 22, 1980 (Exhibit C). The deeds from the Estate to the heirs were recorded in Book 398 at Page 67 for Parcel II, and Hook 398 at Page 64 to Dieter Ribbig for Parcel III (Exhibits D-1 and D-2). There are no liens or encumbrances against Parcel I, the parcel to be reduced by the requested boundary line adjustment. The following Deeds of Trust encumber Parcel III, the parcel to be increased by the requested boundary line adjustment: Deeds of Trust at Book 706, Page 888 to secure Thatcher Bank $150,000.00; Hook 677, Page 829 to secure Norwest Bank $30,000.00, re -recorded at Book 727, Page 234. h'd EZT'ON 306U, Q3 -l-1IH WdEE:: 366T'S 'd3S Stan Clauson, Director September 5, 1996 Page 3 There is a Contract between the Applicant and Otto Frenzel for a sale of Parcel I as adjusted by this lotline adjustment. 4. Vicinity Location A vicinity map locating the subject parcels within the City of Aspen is attached hereto as Exhibit E. 5. Parcel Sues A Lot Line Adjustment Map, including parcel legal descriptions (as adjusted), easements, topography and vegetation and showing the existing and tho existing and proposed boundary line and easement location, certified by a registered land surveyor, is attached hereto as Exhibit F. 6. Proposed Lotline Adjustment Criteria As seen from the Lot Line Adjustment Map (Exhibit D), the proposed lotline adjustment is to rotate the most northerly part of the northwesterly sideline of Parcel I (north of the angle point) clockwise and move the terminus point of that boundary line southerly along Park Avenue. This would decrease the acreage of Parcel I from 16,774 square feet to 13,747 square feet. The purpose of the lotline adjustment is that, given the location of the existing building on Parcel III and the access easement through Parcel III, the boundary between Parcels I and III is more logically located along the access easement. Also, the building installed many years ago on Parcel III does not meet current side yard setbacks. To relocate the boundary along the access easement will allow the existing house can Parcel III to have the land north of the access easement as a yard and will make Parcel III more in conformance with zoning by creating an adequate side yard setback. The standards for a lotline adjustment, found in Chapter 26.88.030A.1., and the Compliance by this Application with such standards are as follows: a. It is demonstrated that the recruest is to correct an enaineexing or survey error in a rocorded plat, or is to Kermit an insubstantial boundary change between adjacent _parcels. This Application meets the second part of that standard, since it is an insubstantial boundary change between adjacent parcels. The proposal is to remove 3,000 square feet from Parcel I and add that square footage to Parcel III. 5'd ELT'ON 5011idMQ3 -MH lJdt,=: 366T'S • • Stan Clauson, Director September 5, 1996 Page 4 the owner of both of the parcels ad j u stment . pplication. Applicant is involved in this lotline CLlio -L u�aL. 1a specific hardship. The specific hardship being addressed is that the existing boundary line is within several feet of the front steps of the house on Parcel III and mere inches from the existing wood deck. Given the house location on Parcel III and the access driveway dividing Parcel I, it is impractical to have the boundary in its current location. Relocating the boundary as proposed allows the land that surrounds and relates to the house on Parcel III to become part of that parcel and allows the natural dividing line of the existing access easement to function as the appropriate boundary between Parcel I and Parcel III. d. The corrected plat will meat the standards of this chapter. and conform to the reyuirements of this title, including are iocatea exce L in cases of an exlszln hull-I:uilluL;-Luilni 1U-L J_.i which the adjustment shall not increase the non -conformity of the lot. The reduced size of Parcel I (i.e., 13,740 square feet) will still exceed the minimum lot size for the R-6 PUD zone district for allowed duplex or single-family uses and the increase to the size of Parcel III will make that lot size conforming with the zone. Parcel III currently comprises 6,852 square feet, which is sufficient to comply with the 6,000 square foot minimum lot size in the R-6 zone, but is non -conforming for a duplex lot which requires 9,000 square feet. The lotline adjustment as contemplated would make this lot conforming, as it would then exceed the 9,000 square feet required for the e7.isting duplex in that zone. Also, the side yard setback on Parcel III, which is non -conforming, will be made conforming by the lotline adjustment. e. it is demonstrated that affected lots by aroviding the oRRortunity to create a new lot for resale or redevelopment. The lotline adjustment will not affect the density. Parcel III is fully developed with a duplex residence. Parcel I is being reduced in size, but not below the minimum lot size allowed by the district for a duplex or single- family uses. No new lot for resale or development is being created by the lotline adjustment. 9'd E! T '0P4 3Qdd111G3 _ IH LJdt :,7 366T .S 'd3S Stan Clauson, Director September 5, 1996 Page 5 if you require further information or have any questions, please let me known. very truly yours, HILL, EDWARDS, TDWARDS & ADRISON, L.L.C. Joseph E. Edwards, Jr. JEE:caw Enclosures bibbig\1clauson.01 L'd E1.i'014 SUHUMQ3 IIIH WdS6:2 %6i'S 'd3S � yy� - IN% -, A or �vfga _ S. kso do 1 40 ' f4 r•p �"MG�J �` by � ii.'fi .S•.�i_ ,� •'� :. _ - _ :�� -�� .". _isur ��}"��^'Y�Y �.hr.:-�...� _.. .y: r .� .: �,�. _ -. .. .. F 1FN.cv mohmA4110MIT, I&M. t NHN- - (Sid 77 O • JOSEPH E. EDWARDS, JR. bf->, Ntv/4S ft(? E FOCI Cop (ES of Ttie L-OT- l_(N lF f} D U ST (�-P pC_ � C f T-Co cal t (n €N Tl4(l/0) D v PrNC7 ourZ� on1- coov�- FEE, J (M 2,E7S0- S 6 1 D �€ WILL 3Krn16 'z /Y►y(AR-5 OVER - AS sin/ &5 yoc) TELL- rffm rT5 (aDmPt"FTE 'P ©, g, tf(S my In 56-12- ( 5 "--7 Z s 2-6 e�" O f2 cl Z© S49 Z , F YO0 ""�7U �J�1 j� Tti f 1�16 S e7 ✓& M & y9- C I ^� p ' 67 o� �s � GJ AiV � T0 C LO TD �2�I✓Z�._- o F doe-�z� eL -T �pSS/BG�; on1 TO e5 D �Y I � s �- T�/K 0 0 LAW OFFICES HILL, EDWARDS, EDWARDS & ADKISON, L.L.C. CENTENNIAL PLAZA BUILDING 502 MAIN STREET, SUITE 201 CARBONDALE, COLORADO 81623 THOMAS C. HILL TELEPHONE JOSEPH I3 EDWARDS, JR., P.C. (970) 963-3900 JOSEPH fi EDWARDS, III, P.C. FACSIMILE THOMAS L ADKISON (970) 963-3131 September 5, 1996 Stan Clauson, Director Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: Application for Approval of Lotline Adjustment and Exemption from Subdivision Dear Mr. Clauson: This Application seeks approval by the Planning Director for a lotline adjustment pursuant to Section 26.88.03OA.1. and B. I am enclosing an application fee of $450.00. 1. Applicant's Information The Applicant for this lotline adjustment is Dieter Bibbig, the owner of both parcels of land involved: Dieter Bibbig P. 0. Box 175 Aspen, Colorado 81612 (970) 925-3418 A letter signed by the Applicant, authorizing Joseph E. Edwards, Jr., 502 Main Street, Suite 201, Carbondale, Colorado 81623, (970) 963-3900, to act as his representative on this Application is attached as Exhibit A. Stan Clauson, Director September 5, 1996 Page 2 2. Property Description The street address of the parcels involved in this lotline adjustment is 101 Park Avenue, Aspen, Colorado, and the legal descriptions are: PARrrT. T A tract of land situated in the SW 1/4 SE 1/4 of Section 7 and in the NW 1/4 NE 1/4 of Section 18, Township 10 South, Range 84 West of the 6th P.M., Pitkin County, Colorado. Said tract is part of the Lone Pine Lode U.S.M.S. 1910, part of the Mollie Gibson Lode U.S.M.S. 4281 and part of Lot 1, Sunny Park Subdivision and is more fully described as follows: Beginning at a point on the Southwesterly line of Lot 1 said subdivision, whence corner No. 3 of said Mollie Gibson Lode bears North 70 23'33" West 220.01 feet; thence North 32°09'58" East 94.76 feet to a point on the Southwesterly line of Park Avenue; thence South 14*22126" East 113.34 feet along the Southwesterly line of said Park Avenue to a point on Line 1-4 of said Mollie Gibson Lode; thence South 38°00'00" West 124.51 feet along said Line 1-4 to the point of Intersection with Line 2-3 of the Riverside Place U.S.M.S. 3905; thence North 89°46100" West 71.90 feet along said Line 2-3 to the point of Intersection with Line 3-4 of said Mollie Gibson Lode; thence North 34°17'00" West 53.35 feet along said Line 3-4; thence North 50°17'00" East 130.26 feet to the point of beginning. PARCEL III A tract of land being part of Lot 1, Sunny Park Subdivision, City of Aspen, Colorado, lying northerly of the centerline of a road easement as shown on a plat recorded in Book 4 at Page 398 of the records of Pitkin County. Said tract is more fully described as follows: beginning at the west corner of said Lot 1 whence corner No. 3 of the Mollie Gibson Lode, M.S. No. 4281 Ambears first N 43°49'00" W 146.00 feet and then S 38*99100" W 100.00 feet; thence N 38°00'00" E 138.00 feet to the Northwest corner of said Lot 1; thence 41.22 feet along the arc of a curve to the right having a radius of 33.93 feet, the chord of which cure bears S 17°11'49" E 38.73 feet; thence 39.07 feet along the arc of a curve to the left having a radius of 70.00 feet; thence S 32°09'58" W 81.37 feet to a point on the centerline of said easement; thence N 66°55'00" W 49.99 feet along said centerline; thence following said centerline 16.23 feet along the arc of a curve to the right having a radius of 40.00 feet; thence N 46°20'00" E 10.30 feet to the point of beginning, containing 0.161 acres, more or less. 3. Ownership Disclosure The owner of both parcels of land involved in this lotline adjustment is Dieter Bibbig. The southeasterly most parcel, designated Parcel I in this Application, was created by a previous lotline adjustment approved by the Planning & Zoning Commission August 8, 1973, shown as the "Drew" parcel on the Plat recorded at Plat Book 4, Page 398, a copy of which is attached hereto as Exhibit B. The northeasterly parcel designated Parcel III in this application was the east half of the "Bibbig" parcel on the previous lotline adjustment plat (Exhibit B). The Court Order dividing the "Bibbig" Parcel, along the access easement in accordance with Gertrude Bibbig's Will was entered July 22, 1980 (Exhibit C). The deeds from the Estate to the heirs were recorded in Book 398 at Page 67 for Parcel II, and Book 398 at Page 64 to Dieter Bibbig for Parcel III (Exhibits D-1 and D-2). There are no liens or encumbrances against Parcel I, the parcel to be reduced by the requested boundary line adjustment. The following Deeds of Trust encumber Parcel III, the parcel to be increased by the requested boundary line adjustment: Deeds of Trust at Book 706, Page 888 to secure Thatcher Bank $150,000.00; Book 677, Page 829 to secure Norwest Bank $30,000.00, re -recorded at Book 727, Page 234. Stan Clauson, Director September 5, 1996 Page 3 There is a Contract between the Applicant and Otto Frenzel for a sale of Parcel I as adjusted by this lotline adjustment. 4. Vicinity Location A vicinity map locating the subject parcels within the City of Aspen is attached hereto as Exhibit E. Parcel Survey A Lot Line Adjustment Map, including parcel legal descriptions (as adjusted), easements, topography and vegetation and showing the existing and the existing and proposed boundary line and easement location, certified by a registered land surveyor, is attached hereto as Exhibit F. 6. Proposed Lotline Adjustment Criteria As seen from the Lot Line Adjustment Map (Exhibit D), the proposed lotline adjustment is to rotate the most northerly part of the northwesterly sideline of Parcel I (north of the angle point) clockwise and move the terminus point of that boundary line southerly along Park Avenue. This would decrease the acreage of Parcel I from 16,774 square feet to 13,747 square feet. The purpose of the lotline adjustment is that, given the location of the existing building on Parcel III and the access easement through Parcel III, the boundary between Parcels I and III is more logically located along the access easement. Also, the building installed many years ago on Parcel III does not meet current side yard setbacks. To relocate the boundary along the access easement will allow the existing house on Parcel III to have the land north of the access easement as a yard and will make Parcel III more in conformance with zoning by creating an adequate side yard setback. The standards for a lotline adjustment, found in Chapter 26.88.030A.1., and the compliance by this Application with such standards are as follows: 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. This Application meets the second part of that standard, since it is an insubstantial boundary change between adjacent parcels. The proposal is to remove 3,000 square feet from Parcel I and add that square footage to Parcel III. Stan Clauson, Director September 5, 1996 Page 4 b. Ail land owners whose lotlines are being adjusted shall provide written consent to the Application. Applicant is the owner of both of the parcels involved in this lotline adjustment. C. It is demonstrated that the request is to address a specific hardship. The specific hardship being addressed is that the existing boundary line is within several feet of the front steps of the house on Parcel III and mere inches from the existing wood deck. Given the house location on Parcel III and the access driveway dividing Parcel I, it is impractical to have the boundary in its current location. Relocating the boundary as proposed allows the land that surrounds and relates to the house on Parcel III to become part of that parcel and allows the natural dividing line of the existing access easement to function as the appropriate boundary between Parcel I and Parcel III. 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 cases of an existing non -conforming lot, in which the adjustment shall not increase the non -conformity of the lot. The reduced size of Parcel I (i.e., 13,740 square feet) will still exceed the minimum lot size for the R-6 PUD zone district for allowed duplex or single-family uses and the increase to the size of Parcel III will make that lot size conforming with the zone. Parcel III currently comprises 6,852 square feet, which is sufficient to comply with the 6,000 square foot minimum lot size in the R-6 zone, but is non -conforming for a duplex lot which requires 9,000 square feet. The lotline adjustment as contemplated would make this lot conforming, as it would then exceed the 9,000 square feet required for the existing duplex in that zone. Also, the side yard setback on Parcel III, which is non -conforming, will be made conforming by the lotline adjustment. e. It is demonstrated that the lotline 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 redevelopment. The lotline adjustment will not affect the density. Parcel III is fully developed with a duplex residence. Parcel I is being reduced in size, but not below the minimum lot size allowed by the district for a duplex or single- family uses. No new lot for resale or development is being created by the lotline adjustment. • • Stan Clauson, Director September 5, 1996 Page 5 If you require further information or have any questions, please let me know. Very truly yours, HILL, EDWARDS, EDWARD & ADKISON, L.L.C. os h E. Edwards, JEE:caw Enclosures bibbig\lclauson.01 • 0 July 26, 1996 DIETER BIBBIG P. O. Box 175 Aspen, Colorado 81612 To Whom It May Concern: Dieter Bibbig, as the owner of the property located at 101 Park Avenue, Aspen, Colorado, consisting of three parcels of land, authorizes Joseph E. Edwards, Jr. of Hill, Edwards, Edwards & Adkison, L.L.C., 502 Main Street, Suite 201, Carbondale, Colorado 81623, Phone #963-3900, Facsimile #963-3131, to process an Application for a lotline adjustment pursuant to Section 26.88.030A.1. and B. of the Aspen City Land Use Code. Very truly yours, A. Dieter Bibbig bibbig\1twimc.01 EXHIBIT s A tix " TAI-CO POIA"ACIPWIT"T, INC. AWN FV[ttO COqfAA" THE DISTRICT COURT Ae. 6 IN AND FOR THE COUNTY OF PITXIN S-1 ATE OF O.OLORACC ` �•' �;:..� . 'do . ?- l 2 33 UE 3.1 r IN THE MATTER OF THE ESTATE OF GER':RUDE 3I3BIG, Deceased. ) ESTATE CLOSIING ORDER _ 4 Upon consideration of the Petition for Allowance of First - and Final Account of Personal Representative, for apportionment of Death Taxes and Order of Distribution filed herein by Dieter Bibbig, as Personal Representative of the above testate; and the Court finding that the allegations of said Petition are true and correct, that all required notices have been waived and the granting of the Petition has been consented to by all iz_erested •-)arties, that the above Estate has been administered in accordance with law, and that the administration of the above Estate has been complete and should be closed; IT IS ORDERED: 1. That the First and Final :account of the Personal Representative, ' and all things contained therein, is hereby approved and allowed. 2. That attorney fees of Petor van Dome?.en, attc)r-ney for the above Estate in the amount of $3,991 59 are hereby ,.ippruved and allowed. EXHIBIT 0 -• Th he apportionment of dea taxes, anti interest therecn, as set forth in said Petition is hereby approved anj the death taxes, and interest thereon, are hereby apportions: $14,787.81 to Dieter 3ibbig and $19,844.07 to Ingetr3ut grew, as the beneficiaries of the above Estate. 4. That the distribution of assets as set forth in said Petiticn is hereby approved and the Personal Representative is hereby aut:icri Zed and d; ro_*oa -0 �iscr; b to the remaining assets i _ of the above Estate in the, manner and to the perscns set forth in the Schedule of Distribution which is annexed hereto and :Wade a part hereof. That upon naming the distribution of assets as authorized and directed herein. and upon payment of the unpaid portion of the attorne•, fees as authorized herein, and duly filing receipts therefor with this Court, the Personal Representa- tives be released and discharged and the administration of t^e above Estate be closed. Dated: IJOt.4 .. 330. L DISTRICT COUR-' vF PIT KIN COUNTY ASPEN, COt_CRACO Certified to be a full, true and correct copy of the origin . my cust Dated oa . — � Clerk 3 7 Deputy v TE Or GERTRUDE BIBBIG. DECBaSED 4 Schedule of Distribution 0 To Inqetraut Drew That certain real property described in Exhibit A attached hereto, being that same real property described in Article II of the Will. $ 120,700.00 The furniture, fixtures and furnishings described in Article II'of the Will. 1,000.00 `r $ 121,700.00 Subject to the following liabilities which are to be assumed.by Inqetraut Drew: Promissory Note payable;to the Bank of Aspen secured by a Deed of Trust on -the real property describediin Article II S 1i,247.0y of the Will.- Loan payable to Inqetraut Drew. 4,043.88 Legal fees payable to Peter Van Domelen. 505.49 $ 19,796.46 Net Distribution S 101,903.54 To Dieter Bibbi That certain real property described in Exhibit B attached hereto, being that same real property described in Article II S 93,400.00 of the Will. The furniture, fixtures and furnishings 500.00 described in Article III of the Will. !!oly Cross Utility Refund Receivable. 370.24 Cash 112.77 $ 94,383.01 Subject to the following liabilities which are to be assumed by Dieter Bibbig: Promissory Note payable to tho Bank of Aspen secured by a Deed of Trust on the real property described in Article III $ 11,773.43 of the will. able to Dieter Bibbig. 3,092.40 Loan payable 1 Legal fees payable to Peter Van Domelen. 369.51 $ 15,235.34 $ 79,146_67 Net Distribution __ __ . A parcel of 11f situated in the Southwe 4 of the South- t of section 7 in the Northwest k of t. Northeast of section 13, Township 10 South, r ln(j, 04 West of the 6 th P Pitkin County, Colorado. Said tract is part of the Lone Pine Lode ,M.S. 1910 and the Mollie Gibson Lode,, M.S. 4281 A.M. and is more 9eginninq at the Southwest cornet of ;ally describe) as follows: I,ot 1, Sunny Park Subdivision, whence corner No. 3 of said ;ally Gibson Lode bears N 43°40'00" W 1.16.00 feet and S 38"00'00" W. 100.00 feet; thence S 43°00'20" w 10.00 feet to a point on the centerline of a road easement as shown on a plat recorded in 3ook 4 at Page 339 of the records of Pitkin County; thence following said centerline 16.23 feet along the arc of a curze to the left lhavi:iq a radius of 40.00 feet, the chord of which curvo vears S 55°17' 30" 1' 16. 12 fcet; thence S 66.55' 00" E 49.99 feet alonq said centerline; thence f3 32'09;58" W 13.39 feet; tljcj3L-(: S 50° 17' 00" W 130.26 feet; thence N 34.17' 00" W 59.99 feet; thence v 52040' 00" E 34.33 feet; thcncc N 43' 40' 00" W 32.60 feet; thence 46.20'00" E 86.00 feet; tljence S 43' 40100" E 32.00 feet to the point of beginning, containing 0.243 acres, more or less. '^here is also conveyed an easement for access purposes lying 10 feet on eac!, side of the centerline of said road easement. A parcel of 1 being part of Lot 1, S y Park Subdivi- ine lying northerly took=4natr?age sion, City of Aspen,IWlcrado, f plat recorded in Book a of a road easement as shown on Pitkin County. Said tract is more fully .x 393 of the records of ` described as follows: beyinnind At. the Southwest come= of said '4o• Lot 1 whence corner No. 3 of thr "loll Gibson Lode, M.S S 38.99 00 W 100, 00 4291 Am. bears N 43.49' 00" W. 146. 00 feet and 138.00 fc,,,t. to the Northwest corner feet; thence "1 39°00' 00"f: 41.22 feet .IiUng the arc of a curve to the of said Lot 1; c:ience ars of 33.93 of : right having a radius arca 39-et, 07hfeetoalong the 17011'49" E 33.73 feet; thence 39 32'09' ' S thence S curve to the left having a radius: of 70. 00 feet; `:cntlne of said centerlinerethencetl Sg•• ;,� 81, 37 feet to a point on tnc 49.99 feet alonci said thence N 66°53' 00" W 16.23 font .Tony the arc of a curve to following said centerline of 40.00 (Qct; thence N 46020' 00" :he right haviny a radius feet to the point of beginning, containing 0.164 acres, more or ` less. 'There is also conveyed an easement for access purposes of said road easement. l.iny 10 fe_c en each side of thu c:(nturline ... �7jrrlm 67 B I k n't3tiv- 'J" 3i�c to ..ntnr, Ude acr: W, ren:-h � ORPfUd.32 county, to t=t C" Q� and j part h. rot,, use in Dec.& of UA rspan in 50C k - g of t1mr Mby W_ _ g" ,- perscmal 'the Grv�tee t;gwU 55 scd, no r wwe- ex c ez) sohthere& f ter p —em stite axes af 0, agtid amr' & that cerl.,ajgt_ Cecil of T is %V t�.hc rx. al ETA and IctirLtl "erson4' Zz ti-m the Est-3 of t:a te of. Gertru" bi* -Mg Probate, 30� Court. for Pitk!m :OuAty, of tlLastwill and Testa ot "i., w , ­cn entered by Said will and t:s on was& admi—ad in. t,ie for P't-k;n Z.')Unty* Cc larx-lo on 4' - - ... ;ra 4y 0 +c Y CXAIHIT 6C.14 ' # Ltultw : a the. got th` silt aea�`�.t7tt �'�.i�tr'�� ��,��t t9+�_��hiwst:� of +ttli ti1►c�-�'d! S � �� ��'' � y. 3�:,x[sitts xst2s,`ran SfasL of t3 li''3' :: b on A�+ r Stst�d#visLoer adte �e aoxxa� mil •. a� .said 161l'r G?�Ib������i�fl!`3C��� (��' �' �4`'i� {L���c+ � �61�ty i �y�'i ?'i{�_���$Y��y?" •'�' •F , i � 2 -OWAL D -.Xaewdc& la - Ytoot ell E25.snCts. 442-,4W+ x is -44Z Ks .r.� T �r. ,•�.5�lli��01't�3iA�3%�. �-.:i'� 3Ci8�i��i�' 1��� ,�r�' - - "'' aaaoainr t .. ter r�e�xsoeas� :yi�i¢ 7 [_+sf Gi Eis terlil}c of said W.i . SF X"• �- ._ .•,] .eI•w ..,.. .. ,.�,. ian•...-- ;CrOCYja*r•.^e'y; 5A A. K•a :rau 'ar3cna. :,r ,:,_at. civ+e •�' �hr" vacate �'.a �+ r� 3:801G ? O. do:e L :• 5 dsM. _o"orada as :earstde, dlat'„, ccr ".sin -Qa i " roval ty : oc a tedd in P i t t in :cuettt cc lotada. as riYsud �1 Ex tisit A st^a hed her-te and vadd ae mart horea-, it " aFz; urt2naacr:, 3x:b)cca. to th it cartai1 Doed Trust -for �:fla za:k of Asip" r^Wrd'ed In Sock, 3 �'^�. F� .r� �t .. ;� �. � ".: . ;._ .. .. - :.•:sae �`-:�k,��i'�� . at Pug* 232 OWAle 'zitRia Canaty %ecords, tirteic.1% Daedof �' i. ifs' y ^_ �.M �•Y �q !. - -.. .•_. ♦' - .-_ fiti w rr �.Tzt�st and tndebtedYresm Secured t!wrikiy, "ia�CramCa. tA Y' At 3Bttmts abdVM s?. to .ay ,tea � � -.•. as i^ ""''`-�..:, °` ;,, .tau � r . 4� -^ x � " `'•' gn" � t�Lci', var is sA his capacity as ?vr-smal Reprssvat'a- ii)t 3'itd"C ; C` ^+e e.-adC 3ibbi:: dactasle-A -arrd :let- ai U* Ltty xars :yiiast 41L Parsons - 7 -. - `V♦p,,''s�.��..�: ,1 trw •ea f� t t .� - _ . '.. -.'`.. - .. .. �� ,�..,( t.~ � d thdr CC.izt :r xub,4ect to iworvat:xnS,• �„�� '� 81MiR ` lid.#@Ylt3r .t'eeCESCli�e a1�,:gtRez fets..ZisacmGe � a, cz �....�'. 'i^y " �<Z�L"QSS7i gafeK�el lZ� t3tatL'' axes rL'L in'9' 9�_�.• - _ a `'c arrt t'�at oe; wed o: ?_ust as of �ressid ; :^.Yis Dared .9 execltcd and Q,el ivered by the Crantas as tnc acly qua 11.fi,ed and acting Perscna: Aeprosaustaci re ti; th` :.state of Gart_udo hiLbi:r, .le-mased. twinq Prabatet 3O. P-•L:]3 tho 013triCt Cacr_ :-or Pitlein County, Ca...r:c:s, petrauant _ .o 'r._�_c :F'. of tnn xst Ki l a%1 2staaxnt of said 3eejasec3 and th,: order Jistributiare en[arad sy sa _ on July :2 ?9D. !' o Lixc .-lit, and rust_- ftt ,ertrudc. 91bb:0, istt�ci ;anwr,r 1•t, :37T, vrn aafaitteci :a' �- in th.: District' ;:aur - for Pttk:t County, �alarad0 yea= dr fi J �% •rCS i ' r i �:- � .T.a:l•'. anri' .. '.. `.8[S .. ,. •r•:.'� 34'Sbii. t�@�'P.r.::}f1. .. - �- V' ;t;:lv ih:i ',st.t`• •..1L;' :.t . i.a;tttd 1 rut2t ld, :ii od tis t : dap of, ew All Foll, '• J+ >•, .✓R•yf .T'"Y. y 'f' ( �j- Azxl "` � r ?�' F. �� �".�"�,� � -•�i+` r` s �,� i 9-'i v , lt� i IiC�L 31.'�CI�F'�17C=Cll�ila'�','�., i - i fxi rx i4 E roti e sifH 7 r S e �. ,•-� •,. �„ �����e42t �ad ftt�_ a f sera � '�r��. � ` .r � _ � �- •SS"`'`fi r �r , ;^x'sv.�_: wAt 'C,�47?�4k'. 2 ..',' �..�.�,,,.��� it . �A'.� p �v ^1r_ � '\' �~ JR� � +�•.+R-� f `1 •,3ySs�' "fj. - '� . awl! `� &. ' -Y � • "1 � Jy �2't _ r _� -�Y. i. : 9 : r .1,ri ��' � �• � . -. : --�: -. �'. `:� x _- P -,r arty. :. 4y caawtission expires •s 1 \ 7 Vs a- R * y aW ]part--_ L � a� � , � � -� ��" .�il►I► Liu' 2-- 'a� C � R�� _z+ .F. is - :u7F".•K�'"" ;. -s3'Y� -d>. '� S ,° Z'^-Yy�^!�,� n a�: +.?�. yTj.T'•*n�� .����el+-.Ci_'- � „_is�lY � - t a ¢� 'rei .. xW �� � � � `R" ��'� � x - �� ,� o��r' •1 �, j}1K .".� 4 P � t. - A� . �+• ��� � -y ..ra � xF�s„ _ if' Y[n' `ice - �. �''I f •��-�3` �eS �. "''y . �v - P- Yd 4 �Y r: tirntyF r -� r fir.. . �: w ' `W / • -15 � • P ° � W Z � � • U LJ uo r LIMITS + • 4 RMF+ i 99 P Ly, D 2 Fl_i; I , PU Di± � � I REGENT ` Or { / R AvE. i ; 2 j 2 3 �. I < / 5 .p•pALE LAVE-m 3 �♦ t I �� \ I ♦�♦ ' 3 awe R�15II �(PUD) 1 (PUD) j EXHIBIT I I I Irn 1