HomeMy WebLinkAboutcoa.lu.ec.Bibbig Lot Line Adjustment 2737-074-04-006CASEAD SUMMARY SHEET'. CITY OSPEN
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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
# APPS RECEIVED 4
ENGINEER
$0
# PLATS RECEIVED
HOUSING
$0
GIS DISK RECEIVED: No
ENV HEALTH
$0
TOTAL
$450
TYPE OF APPLICATION:
Staff Approval
AMT. RECEIVED
$450
Review Body Meeting Date
Public Hearing
?
❑ City Attorney
City Engineer
❑ Zoning
❑ Housing
❑ Environmental Health
❑ Parks
DATE REFERRED: c�_.9
❑ Aspen Fire Marshal
❑ City Water
❑ City Electric
❑ Clean Air Board
❑ Open Space Board
❑ Other:
INITIALS: PIV
APPROVAL: OrdirmceyR� lution #
(,StaffApprov j
Plat eco—r ed�
CLOSED/FTLED 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_
THOMAS C. HILL
JOSEPH E. EDWARDS, JR, P.C.
JOSEPH E. EDWARDS :III
THOMAS L. ADKISON
January 7, 1997
CENTENNIAL PLAZA BUE,DEJO
502 MAIN STREET, SUITE 201
CARBONDALE, COLORADO 81623
Stan Clauson, Director
Bob Nevins
Aspen Community Development Department
130 South Galena Street
Aspen, CO 81611
RE: Bibbig Subdivision Exemption - Lot Line Adjustment
Gentlemen:
TELEPHONE
(970) 963 -3900
FACSLME,E
(970) 963 -3131
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.
• Sul
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
J ` ! FJ®VE%�V
January 7, 1997
JAN 1Q1997
Stan Clauson, Director cOMNNNIIYDEVEL&MEN1
Bob Nevins CtVOFASPEN
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. Propertv�., Description
The street address of the parcels involved in this lot line adjustment is 101 Park Avenue,
Aspen, Colorado, and the legal descriptions are:
PA ELI
A tract of land situated in the SW 1/4 SE 114 of Section7 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, pan of the Mollie Gibson Lode
U.S.M.S. 4281 and pan of Lot 1, Sunny Park Subdivision and is more fully described as follows: Beginning at a point on the
Southwesterlyline 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
124.61 feet along said Line 1-4 to the point of Intersectionwith 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 Intersectionwith 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.
PARCEL
A tract of land being pan 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:
beginningat 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 °00100" E 138.00 feet to the Northwest comer 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 am 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; theme 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 w 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 H,
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.
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.
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 Tot Tine 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 engingering or surve
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. !L�'Ldemonstrated that the request is to address a specific bards
hip. The
specific hardship being addressed is that the existing boundary line is within several feet of the
front steps of the house on Parcel H 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 II.
d. The corrected plat will meet the standards of this chante co
and nform to
the requirements of this title. mcl id,ng_thg di_ en ional requirements of the zone district in which
thethe lo�iocated. except in cases of an existing_ non- corfnrniing lot in which the adjustme nt
shall not increase enon- 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 11 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 d—gnionstratedthallhe 191 line adjustment will not aff gi he development
rights or permitted density of the affec ±ed 1_ is by_providmg the op_ porn v IQ 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 seph E ar s, Jr.
JEE:caw
Enclosures
cc: Dieter Bibbig
bibbig \lclauson.03
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
bibbig \2exhibit.lst
BIBBIG - APPLICATION FOR LOT LINE ADII 4TMENT
Letter from Dieter Bibbig Authorizing Representation
Bibbig /Drew Parcel Lot Line Adjustment Plat
Court Order Dividing " Bibbig" Parcel
Personal Representative's Deed to Parcel R
Vicinity Map (From Zoning Map)
Lot Line Adjustment Map
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.l. and B. of the Aspen City Land Use Code.
Very truly yours,
Dieter Bibbig
bibbig \ltwimc.ol
EXHIBIT
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EXHIBIT
B
ert
THE DISTRICT COURT T CQ
URf
IN Ah, FOR THE COUNTY OF PITKIN
STATE OF COLORADO
No. P-1233 Cio,
Dfz.lt*r
IN THE MATTER OF THE ESTATE OF
GERTRUDE BIBBIG,
Deceased.
ESTATE CLOSING ORDER
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 I 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 aft'j"
of the
above Estate has been complete I I
e and should be closed;
IT IS ORDERED:
1. That the First and Final Account of the Person I al
Representative,-and all things
., contained therein, is hereby
approved and allowed.
N
That attorney fees Of Peter. Van Domelen, attorney r;
for the above Estate in the amount of $3,991 59 are hereby
approved and allowed.
397141 09/17/96 02:03P PG I OF 5 C
SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 26 RE.00 DOC
EXHIBIT
UCC
3• Th"" the appor,
thereon, as set forth in
the death taxes, and inte
$14,787.81 to Dieter Bibb
as the beneficiaries of t
4• That the distril
Petition is her, . eby approve
hereby authorized and d ire
Of the above Estate in thn
{
Inment of de taxes, and interes
' t
id Petition is hereby approved al)d
St thereon, are hereby apportioned
and $19,844.07 to ingetraut Drew,
above Estate.
tion of assets as set forth in said
and the Personal Representative is
e? to srrinute tine remaining assets
and to the persons set forth
in the Schedule of Distribution which is annexed hereto and
made a part hereof.
5' P makin '
That upon g:.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; SUCH CZ, , 1980.
a
! JUDGE
DISTRICT COURT OE PLTKIN. CflW .
ASPEN; COLORADO-_
Certified to be a full, U'a an4 cgirect copy of
the origin m my oust =
Datedf -
�
Clerk
397141 X9/17/96 `Y OF
A parcel of la r situated in the SouthweE 1 of the South -
+cast ; of section 7 ar, in the Northwest 4 of th, kortheast4 of
section 18, Township 10 South, range 64 West of the 6th P.H.,
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
fully described 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 38.00100' 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
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 having a radius of 40.00 feet, the chord of which
curve vears S 55 °17'30" E 16.12 feet; thence S 66.55'00" E 49.99
feet :Tong said centerline; thence S 32.09;58" W 13.39 feet;
thcnoc S 50 °17100" W 130.26 feet; thence N 34.17100" W 59.99 feet;
thence N 52 °40'00" E 34.33 feet; thence N 43' 40'00" W 32.60 feet;
thence 46 °20'00" E 86.00 feetl thence S 43. 40'00" E 32.00 feet to
the point of beginning, cor.taininc; 0.243 acres, I more 11 or less.
There is also conveyed an easement for access purposes lying 10
feet on each side of the centerline of said road easement.
A parcel of lam being part of Lot 1, St x Park Subdivi-
sion, City of Aspen,& ilorado, lyirn,3 northerly 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 Southwest corner of said
Lot 1 whence corner No. 3 of the Molly Gibson Lode, M.S. No.
4261 AM. bears N 43'49'00" W. 146.00 feet and S 38 °99'00" W 100.00
feet; thence N 33000100"E. 138.00 f( %f!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 17011'49" F. 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 :; 66 °55'00" W 49.99 feet aloncl 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 10.0
feet to the point of beginning, containing 0.164 acres, more or
less. There is also conveyed an easement for.access` purposes
lying 10 feet on each side of the co•nterline of said road easement.
397141
y �
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3
7
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pr
09/17/96 02:03P PG 5
OF 5
" ESTI,.e"'., OP cERTTlU08 BIBBIC. DECr —5ED
chedule of Dtstiribvtion
1
To Incetraut Drew
- That certain real plop ty� described in
Exhibit A attached hereto, being that same
real property described`in Article II of
the will.
'$
1:0,700.00
The furniture, fixtures and furnishings
described in Article II'of the Will,
1,000.00
121,700,00
Subject to the followin liabilities
which are to be assumed iby. , Inge traut Dress
Promissory Note payabler-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 Bibbig
That certain real property described in
Exhibit B attached hereto, being that
t`
same real property described in Article II
of the Will.
$
'
9, 400 . 610
The furniture, fixtures and furnishings
described in Article III of the Will.
'" 500:60
"
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 Dietat .BEbbi.g
3,092.40
,l
Legal fees.payable to 4e ter Van Domelen.
369.51
i
$
15;215_341{}
Net Distribution
5_79,146.67
S
SSSSy
397141 09/17/96 02:03P PG 3 OF 5
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MESSAGE DISPLAY
TO Nick Adeh
TO Stan Clauson
CC cares
From:
Ross Soderstrom
Postmark:
Nov 26,96 4:05 PM
Status:
Previously read
Subject:
Subd. vs Lot Line
IF
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?
t
MESSAGE DISPLAY
TO John Worcester TO Nick Adeh
CC Bob Nevins CC cares
From: Ross Soderstrom
Postmark: Nov 22,96 10:48 AM
Status: Previously read
Subject: Easement on Bibbig, Parcel I
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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.
502 Main Street THE CITY OF ASPEN
Carbondale, Colorado 81623
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, COLORADO I916 •4PHONE 970.920.$000 • FAx 970.920.5197
Priwed o Recydcd Paper
L2896.DOC
Letter: Bibbig Subdivision Exemp —a - 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 comer 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 l lot line and the side of
the above access easement are coincident.
2OF4
L2896.DOC
Letter: Bibbig Subdivision Exernp-in - Lot Line Adjustment Plat Corrections
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.
b
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
L2896.DOC
Letter: Bibbig Subdivision Exem- 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 1, 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 111, 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.
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September 5, 1996
Stan clauson, Director
Aspen Community Development Department
130 South Galena Street
Aspen, CO 81611
R8: Application for Approval of Wtliae Adjustment and Exemption
from Subdivision
Dear Mr. Clauson:
This Application seeks approval by the Planning Director for
a lotli.ne adjustment pursuant to Section 16.88.030A.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 Applicants authorizing Joseph E. Edwaxds,
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.
E'd 6ATI0M SUMMU 1IIH WdEE:2 966T'S 'd3S
R a
Stan clauson, Director
september Sr 1996
Page 2
i
2 PXMSMq Description
The street address of the parcels involved in this lotliae
adjustment is 101 Park Avenue, and Colorado, and the legal
descriptions are:
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8 tract of LICC b't Port of tot i, gouty Park 8abd£viaion, city of sopo , C010�k 00, W rg
,Urrbwly of the coutorldne of a send eeeamnt ae ahCaa on a S3at �. _ ft"
998 of trA reeoed9 of Pitkin cc !It .NBaiaract to lank E. 1 'a �OiLB�AI_.Leda! X.B. SO�2 7
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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
lotliae adjustment approved by the Planning & Zoning Commission
August 9, 1973, shown as the "Drew" parcel on the Plat recorded at
Plat Book 4r Page 398, a copy of which is attached hereto as
Exhibit H. The northeasterly parcel designated Parcel III in this
application was the east half of the 'Bibbig" Parcel an the
previous lotline adjustment plat (Exhibit B). The Court Order
dividing the "Bibbig" Parcel, along the access easement in
accordance with Gertrude Bibb ig's Will was entered July 22, 1480
(Exhibit C). The deeds from the Estate to the heirs were recorded
in Book 398 at Page 67 for Parcel II, and Book 390 at Page 64 to no
Dieter Bibbig for Parcel III (Exhibits D -1 and D-2).
o be ere a by
liens or encumbrances against Parcel I, the parcel
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 Hoak 706,
Page 888 to secure Thatcher Bank $150,000.00; Book 677, Page 829 to
secure horwest Bank $300,000.00, re- recorded at Book 727, Page 234.
4'd E2 .I'0M Sa8UMU 111H _ WdEE:S 966ti'S 'd3S
Stan clauson, Director
september 5, 1996
Page 3
There is &`Contract between the Applicant and Otto 8renzel for a
sale of Parcel I as adjusted by this lotline adjustment.
4. Vicinity Zocatian
A vicinity map locating the subject parcels within the city of
Aspen is attached hereto as Exhibit S.
5. Parcel surve
A Lot Line Adjustment Flap, including parcel legal descriptions
(as adjusted), easements, topography and vegetation and showing the
existing and the existing and proposed se land boundary liner an easement
location, certified by a attached
hereto as 8xhibit F.
6, �rayosed Zotline Adjustment Criteria
AS seen from the Lot ]Line Adjustment Map ($xhibit 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 161774 square feet to 13r7hsquare e feebt- on of
Purpose of the The
lotline adjustment is that, given
the existing tuilding an Parcel III and 'the access easement through.
Parcel III, the boundary between Parcels I and IIY 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 of 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.
in ubstant ouna crm+ o -- -- __. --
t ie t
application meets the second p .1
insubstantial boundary change be standard, s
proposal is to remove 3,000 square feet from Parcel I and add that
square footage to Parcel III.
S'd EZT'QN SadUMU nIH WdtE:Z 9665'5 'd3S
Stan clauson, Director
September 5, 1996
Page 4
C . 1L 1N
specific hardsh o. The sgecii. hardship being addxesze is a
the existing boundary line is within several feet of the front
steps of the house on Parcel III and mere inches frost the existing
y� deck.iyen the house location on Parcel III and the access
driveway dividing Parcel To it is impractical to have tb® p Wised
in its current location. Relocating the boundary as
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 mete ewe s +avinclnaina
Nlli4a•
lot. The reduced size of Parcel i (i.e.r 13 r
still exceed the minimum lot size for the R -6 PUD zone district far
allowed duplex or single-family uses and the increaw3eti► theezonee
of Parcel Iii will make that lot size conforming
Parcel III currently comprises 6,852 squ met let which is
Size in
sufficient to comply with the 6,000 square
the R -6 toner but is non- conforming for a duplex lot which requi -res
9,000 square feet. The 16tli_ne adjustment as contemplated would
make this lot conformingr as it would then exceed the 9,000 square
feet required for the existing duplex in that zone. Also, -Lhe side
be made
yard setback on Parcel III, which is non - conforming, will
conforming by the lotline adjustment.
e.
7a ,er rs+„l'O 1OpmeAL. aaac iv.. lly
the tusity. parcel III is £ally 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 ELT'6N S4JUM43 -TIIH WdhE:;F 966T'S 'd3S
f
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, EDWARAS, EDMMS & ADSTSON* L.L.C.
Joseph E. Edwards, Jr.
J88:caw
Enclosures
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