HomeMy WebLinkAboutcoa.lu.ec.323 W Bleeker St.A003-03
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CASE NUMBER
PARCEL ill #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
(l
A003-03
2735-124-41002
Ruth Whyte Subdivision Exemption for a Lot Split/GMQS E
323 W. Bleeker St
James Lindt
Subdivision Exemption for a Lot SplitlGMQS
Ruth Whyte c/o Eliza Yeager
Davis Horn Inc
04/14/03
ORD 17-2003
APPROVED
04/15/03
D DRISCOLL
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DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section
26.304.070, "Development Order.s", and Section 26.308.010, "Vested Property Rights",
of the City of Aspen Municipal Code. This Order allows development of a site specific
development plan pursuant to the provisions of the land use approvals, described herein.
The effective date of this Order shall also be the initiation date of a three-year vested
property right. The vested property right shall expire on the day after the third
anniversary of the effective date of this Order, unless a building permit is approved
pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a
revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of
vested property rights, this Order shall remain in full force and effect, excluding any
growth management allotments granted pursuant to Section 26.470, but shall be subject
to any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
Ruth Whyte, C/O Eliza Yeager, PO Box 774287, Steamboat Springs, CO 80477-4287
Property Owner's Name, Mailing Address and telephone number
Lots 1 and 2, Rnth Whvte Lot Split (Lots D-G, Block 44, City and Townsite of Aspen)
Legal Description and Street Address of Subject Property
Lot Split Approval to Split 12,000 sf. lot into two 6,000 sf. lots
Written Description of the Site Specific Plan and/or Attachment Describing Plan
Ordinance No. 17, Series of2003, 4/14/03
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
April 26, 2003
Effective Date of Development Order (Same as date of publication of notice of approval.)
April 27, 2006
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen
Municipal Code.)
Issued this 26th day of April, 2003, by the City of Aspen Community
Deve pment Director.
n Woods, Community Development Director
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PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
Notice is hereby given to the general public of the approval of a site specific development
plan, and the creation of a vested property right pursuant to the Land Use Code of the
City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the
following described property: Lots I and 2, Ruth Whyte Lot Split, by Ordinance of the
City Council numbered Seventeen, Series of 2003. The approval granted is to split a
12,000 square foot lot into two 6,000 square foot lots. For further information contact
Julie Ann Woods, at the City of Aspen Community Development Dept. 130 S. Galena St,
Aspen, Colorado (970) 920-5090.'
sl City of Aspen
Publish in The Aspen Times on April 26, 2003
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MEMORANDUM [.t~CA. ^oJ--.J!!;- (0f<tll1f
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TO:
THRU:
FROM:
RE:
321 W. Bleeker Str,eet Subdivision Exemption Lot Split - 2nd Reading of
Ordinance No. 17, Series of 2003- Public Hearing
DATE:
A ri114, 2003
REPRESENTATIVE:
Davis Horn Inc.
.
Photo Above: Area proposed as Lot I of the
Ruth Whyte Lot Split.
ApPLICANT:
Ruth Whyte, Eliza Yeager
LOCATION:
321 W. Bleeker
ZONING:
R-6 (Medium-Density Residential)
CURRENT LOT SIZE:
12,000 Square Feet
PROPOSED PARCEL SIZES:
Lot 1= 6,000 SF
Lot 2= 6,000 SF
CURRENT LAND USE:
Single-family Residence
Photo Above: Area proposed as Lot 2 of the
Ruth Whyte Lot Split.
PROPOSED LAND USE:
Proposed Lot I-Single-Family Residence
Proposed Lot 2- Single-Family Residence
SUMMARY:
The applicant is requesting a Subdivision
Exemption Lot Split to split a 12,000 square
foot property into two 6,000 square foot
lots.
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MEMORANDUM
TO: Mayor and City Council
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THRU: Julie Ann Woods, Community Development Director
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FROM: James Lindt, Planner\.....\ V
RE: 321 W. Bleeker Street Subdivision Exemption Lot Split _ 1 sf Reading of
Ordinance No. !.'i, Series of 2003
DATE: March 10, 2003
ApPLICANT:
Ruth Whyte, Eliza Yeager
REPRESENTATIVE:
Davis Horn Inc.
LOCATION:
321 W. Bleeker
ZONING:
R-6 (Medium-Density Residential)
CURRENT LOT SIZE:
12,000 Square Feet
PROPOSED PARCEL SIZES:
Lot 1= 6,000 SF
Lot 2= 6,000 SF
CURRENT LAND USE:
Single-family Residence
PROPOSED LAND USE:
Proposed Lot I-Single-Family Residence
Proposed Lot 2- Single-Family Residence
SUMMARY:
The applicant is requesting a Subdivision
Exemption Lot Split to split a 12,000 square
foot property into two 6,000 square foot
lots.
Photo Above: Area proposed as Lot I of the
Ruth Whyte Lot Split.
Photo Above: Area proposed as Lot 2 of the
Ruth Whyte Lot Split.
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REVIEW PROCEDURE:
Pursuant to Section 26.480.040 (Procedures For Review), a development application for a
subdivision exemption approval shall be reviewed pursuant to the procedures and standards in
this Chapter and the Common Development Review Procedures set forth in Chapter 26.304.
Exempt Subdivisions require a public hearing before City Council with its associated public
notice. The applicant shall respond to the subdivision exemption lot split review standards
pursuant to Section 26.480.050. City Council may approve, approve with conditions, or
disapprove an application for a subdivision exemption lot split via an ordinance.
STAFF COMMENTS:
The applicant, k Ruth Whyte, represented by Davis Horn Inc, requests a Subdivision
Exemption Lot Split to divide the parcel located at 321 W. Bleeker Street into two (2) separate
parcels of at least 6,000 square feet. The property to be divided is located in the R-6 (Medium
Density Residential) Zone District and contains 12,000 square feet. Therefore, the proposed
lots would be in conformance with the minimum lot size in the R-6 Zone District, which is
6,000 square feet.
On each of the two (2) newly created lots, the applicant could at most construct a single-
family residence (and an Accessory Dwelling Units if desired) pursuant to the R-6 Zone
District requirements. Staff believes the proposed single-family residential use of the lots to
be created is consistent with the surrounding neighborhood, which mainly consists of single-
family and duplex dwelling units. In addition, the subject property is located within the
original townsite and has not been subject to a previous subdivision exemption as is required
by the Land Use Code. Therefore, staff believes that the lot split review standards are met by
the proposal.
GMQS EXEMPTIONS:
The applicant requires GMQS exemptions to develop residences on the proposed lots. The
applicant proposes to obtain GMQS exemptions pursuant to Land Use Code Section
26.470.070(B) by providing one of the following affordable housing mitigation options for
each of the lots to be developed with single-family dwelling units:
a. Providing an above grade, detached Accessory Dwelling Unit (ADU) pursuant to
Chapter 26.520; or,
b. Providing an Accessory Dwelling Unit authorized through Special Review to be
attached andlor partially or fully subgrade, pursuant to Chapter 26.420; or,
c. Providing an off-site Affordable Housing Unit within the Aspen Infill Area
accepted by the AspenlPitkin County Housing Authority and deed restricted in
accordance with the Aspen/Pitkin County Housing Authority Guidelines, as
amended; or,
d. Paying the applicable affordable housing impact fee pursuant to the AspenlPitkin
County Housing Authority Guidelines, as amended; or,
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e. Recording a resident-occupancy (RO) deed restriction on the single-family
dwelling unit being constructed.
Therefore, staff believes that the proposal has appropriately accounted for the required
employee housing mitigation.
CONDITIONS OF ApPROVAL:
Currently, a single-family residence that was built in 1967 exists on the site. The existing
residence spans over the proposed lot line. The review standards for a lot split allow for the
existing residence to remain as long as any redevelopment on the newly created lots meet the
zoning requirements. Due to the fact that the applicant does not wish to demolish the
residence prior to lot split approval, staff has proposed a condition of approval that requires
that when the property is redeveloped, the new structures will have to meet the R -6 Zone
District requirements. Additionally, staff has proposed a condition of approval that requires
that a reciprocal easement be granted on the Subdivision Exemption Plat to allow for the
residence to continue to straddle the new lot line until the existing structure is demolished. A
plat note will be required to mal(e clear that the easement shall function only as long as the
existing structure remains.
STAFF ANALYSIS SUMMARY:
Staff feels that the proposed lot split satisfies all of the review criteria as is set forth in Land
Use Code Section 26.480.030(A)(2), Lot Splits. Furthermore, staff believes that the proposed
conditions are needed to insure the proposal's compliance with the underlying zoning.
RECOMMENDATION:
Staff recommends that City Council approve the proposed Subdivision Exemption Lot Split
for Lots I and 2 of the Ruth Whyte Lot Split located at 321 W. Bleeker Street, City of Aspen,
Pitldn County, Colorado with the conditions stated in the ordinance.
RECOMMENDED MOTION: (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Ordinance No.lj-, Series 2003, approving a Subdivision Exemption for a
Lot Split to create Lot I and Lot 2 ofthe property to be known and dedicated as the Ruth Whyte
Lot Split located at 321 W. Bleeker Street, City of Aspen, Pitl(in County, Colorado with the
conditions set forth in the ordinance."
CITY MANAGER'S COMMENTS: ~~ ~ ~./J.}t: ~f,~
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ATTACHMENTS:
EXHIBIT A -- REVIEW CRITERIA & STAFF FINDINGS
EXHIBIT B -- ApPLICATION
EXHIBIT C -- REFERRAL COMMENTS
EXHIBIT D -- VICINITY MAP
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ORDINANCE No. 4r
(SERIES OF 2003)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION
EXEMPTION LOT SPLIT FOR LOTS 1 AND 2 OF THE PROPERTY TO BE KNOWN
AND DEDICATED AS THE RUTH WHYTE LOT SPLIT LOCATED AT 321 WEST
BLEEKER STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2735-124-41-002
WHEREAS, the Community Development Department received an application from
Ruth Whyte, represented by Davjs Horn Inc. requesting approval of a Subdivision Exemption
Lot Split of properly to be known as Lot I and Lot 2 of the Ruth Whyte Lot Split located at 321
W. Bleeker Street, City of Aspen, Pitkin County; and
WHEREAS, pursuant to Land Use Code Section 26.480.040(B), the Aspen City
Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by
ordinance approve, approve with conditions, or disapprove a development application for a
Subdivision Exemption Lot Split, after recommendation by the Community Development
Department; and,
WHEREAS, the Community Development Department reviewed the application for a
Subdivision Exemption Lot Split for the property to be described as Lots I and 2 of the Ruth
Whyte Lot Split located at 321 W. Bleeker Street (Lots A, B, C, and D, of the City and Townsite),
City of Aspen, Pitkin County, Colorado and recommended approval with conditions; and,
WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City Water
Department, the City Engineering Department, and the City Parks Department have reviewed the
application and provided referral comments; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed
and considered the recommendation of the Community Development Director, the applicable
referral agencies, and has taken and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds all
applicable development standards and that the approval of the development proposal, with
conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Subdivision Exemption Lot Split for Lots I and 2 of the property to be known and described as
Lots I and 2 of the Ruth Whyte Lot Split located at 321 W. Bleeker St, City of Aspen, Pitkin
County, is approved with the following conditions:
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1. The applicant shall submit and record a subdivision exemption plat which
meets the terms of Chapter 26.480, and conforms to the requirements of the
Land Use Code, in the office of the Pitldn County Clerk and Recorder no later
than 180 days after approval of this ordinance. Furthermore, the proposed Lot
Split Plat shall clearly label the proposed lot line that separates Lot 1 from Lot
2 and show all easements of record.
2. The applicant shall submit and record a subdivision exemption agreement
which meets the terms of Chapter 26.480.030, and conforms to the
requirements of the Land Use Code, in the office ofthe'.Pitldn County Clerk
and Recorder no later than 180 days after approval of this ordinance.
3. The lot split plat shall exhibit two lots in conformance with the R-6 Zone
District regulations and shall include the following plat notes:
a. The existing house need not be demolished to accommodate the newly
created lot boundaries and the encroachments into the side yard
setbacks and alley may continue to exist for the life of the original
structure only. Upon redevelopment, all structures on these two (2)
lots shall comply with the R-6 Zone District provisions with respect to
the newly created lot boundaries and setbacks. The Subdivision
Exemption Plat shall grant a reciprocal easement to allow for the
existing residence to be maintained across the new lot line and shall
function for the life of the existing structure only. Upon
redevelopment, the encroachments into the alley must also be removed
b. The developer of Lots I and 2 shall seek exemptions from GMQS on
each of the lots pursuant to Section 26.470.070(B), as amended from
time to time.
4. Both lots shall comply with the applicable development regulations prior to
applying for building permits, including those regulations related to
Residential Design Standards, Accessory Dwelling Units, and GMQS
Exemptions.
5. The applicant shall obtain a tree removal permit prior to removing any trees
from the site for which a tree removal permit is required pursuant to Section
11 of the City of Aspen Municipal Code. Any tree to remain on-site during
the development of Lots I and 2 shall have its drip line fenced off prior to,
and throughout construction. Tree Removal Mitigation may be required for
removal of trees pursuant to Municipal Code Section 13.20.
6. The applicant shall install a fire sprinkler system that meets the requirements
of the Fire Marshal in any of the proposed residences that exceed 5,000 square
feet in size.
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7. The Applicant shall comply with the Aspen Sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter drains)
shall be allowed. All sanitation-related improvements below grade shall
require the use of a pumping station. The existing sewer line may be used to
service one of the new residences if it is inspected and determined to be
satisfactory by the Aspen Sanitation District. If the existing service line is not
used for the proposed development it must be abandoned and removed.
8. The applicant shall comply with the City of Aspen Water System Standards,
with Title 25, and with the applicable standards of Title 8 (Water
Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as
required by the City of Aspen Water Department. Upon redevelopment of the
new lots, the applicant shall abandon the existing water service line prior to
receiving new water taps.
Section 2:
All material representations and commitments made by the applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the City Council, are hereby incorporated in such plan development approvals and the same shall be
complied with as if fully set forth herein, unless amended by an authorized entity.
Section 3:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 4: c
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 5:
A public hearing will be conducted on the 14th day of April at 5:00 PM in City Council Chambers,
Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the
same was published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on this 10th day of March, 2003.
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Attest:
Kathryn S. Koch, City Clerk
Helen Kalin K1anderud, Mayor
FINALLY, adopted, passed and approved this 14th day of April, 2003.
Attest:
Kathryn S. Koch, City Clerk
Helen Kalin K1anderud, Mayor
Approved as to form:
John Worcester, City Attorney
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EXHIBIT A
SUBDIVISION EXEMPTION LOT SPLIT
REVIEW CRITERIA & STAFF FINDINGS
The split of a lot for the purpose of the development of one detached single-family dwelling on
a lot formed by a lot split granted subsequent to November 14, 1977, where all of the following
criteria are met:
a. The land is not located in a subdivision approved by either the Pitkin
County Board of County Commissioners or the City Council, or the land is
described as a metes and bounds parcel which has not been subdivided after the
adoption of subdivision regulations by the City of Aspen on March 24, 1969.
Staff Finding
The property subject to the proposed Lot Split is not located in a subdivision. The subject
property is located within the original townsite of Aspen. Staff finds this criterion to be met.
b. No more than two (2) lots are created by the lot split, both lots conform to
the requirements of the underlying zone district. Any lot for which development is
proposed will mitigate for affordable housing pursuant to Section
26.100.050(A)(2)( c).
Staff Finding
There will be no more than two lots created by this lot split, Lots I and 2 of the Ruth Whyte
Lot Split. Both of the lots to be created will contain at least 6,000 square feet oflot area and
will conform to the R-6 Zone District requirements with one exception. The aforementioned
exception is that the existing residence is not proposed to be demolished prior to approval of
the lot split. Therefore, because the existing residence straddles the proposed property line,
the existing residence will not meet the setback requirements of the R -6 Zone District on the
new lots. Thus, staff has proposed a condition of approval that requires the new residences to
be built on the lots to be constructed in conformance with all of the R-6 Zone District's
dimensional requirements including setbacks.
The applicant can at most develop each lot with a single-family residence because of the
density requirements of the underlying zoning. To obtain GMQS exemptions to develop each
of the lots with single-family residences, the applicant has consented to providing one of the
five (5) employee mitigation methods set forth in Land Use Code Section 26.470.070(B).
Staff finds this criterion to be met.
c. The lot under consideration, or any part thereof, was not previously the
subject of a subdivision exemption under the provisions of this Chapter or a "lot
split" exemption pursuant to Section 26.470.040 (C)(I)(a).
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Staff Finding
Staff finds that the subject lot has not previously been approved for a subdivision exemption
or lot split. Staff finds this criterion to be met
d. A subdivision plat which meets the terms of this Chapter, and conforms to
the requirements of this Title, is submitted and recorded in the office of the Pitkin
County Clerk and Recorder after approval, indicating that no further subdivision
may be granted for these lots nor will additional units be built without receipt of
applicable approvals pursuant to this Chapter and growth management allocation
pursuant to Chapter 26.470.
Staff Finding
No further subdivision will be granted for Lots I and 2 and no additional units will be built
without receipt of applicable approvals pursuant to this Chapter and growth management
allocation pursuant to Chapter 26.470. The required subdivision plat with a note allowing no
further subdivision of the newly created lots, as approved by City Council will be submitted
by the applicant and recorded in the office of the Pitkin County Clerk and Recorder. Staff
finds this criterion to be met.
e. The subdivision exemption agreement and plat shall be recorded in the
office of the Pitkin County Clerk and Recorder. Failure on the part ofthe applicant
to record the plat within one hundred eighty (180) days following approval by the
City Council shall render the plat invalid and reconsideration ofthe plat by the City
Council will be required for a showing of good cause.
Staff Finding
The applicant shall record the required subdivision exemption plat and agreement within one
hundred and eighty (180) days of approval by the City Council. Staff finds this criterion to be
met.
f. In the case where an existing single-family dwelling occupies a site which is
eligible for a lot split, the dwelling need not be demolished prior to application for a
lot split.
Staff Finding
Currently, a single-family residence exists on the proposed property line. Staff has proposed a
condition of approval that requires any new development on the lots meet all of the R -6 Zone
District requirements. Staff finds this criterion to be met.
g. Maximum potential build out for the two (2) parcels created by a lot split
shall not exceed three (3) units, which may be composed of a duplex and a single-
family home.
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Staff Finding
The underlying zoning allows for at most a single-family residence to be constructed on each
of the lots. Therefore, at most two (2) units of density will be developed on the two (2)
parcels to be created by the lot split. Staff finds this criterion to be met.
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MEMORANDUM
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To: Development Review Committee
From: John Niewoehner, Community Development Engineer,
DRC Case load Coordinator
Date: February 14, 2003
Re: 2/12/03 DRC Meetinq Minutes: 321 W. Bleeker Whyte Lot Split:
Attendees:
Glen Horn, Planner for Applicant
James Lindt, Community Development Department
Phil Overeynder, Water Department
Tom Bracewell, Sanitation District
Richard Goulding, Engineering Department
Brian Flynn, Parks Department
Denis Murray, Building Department
John Niewoehner, Community Development Department
At the February 12, 2003 meeting, the Development Review Committee reviewed the proposed
321 W Bleeker Lot Split that will create two 6,000 sf lots.
Next Steps for Application: (i) The Applicant will need to address the concerns of the DRC
members. (ii) Thereafter the project will go to the Planning and Zoning Commission. (iii) Then
the project goes to City Council for final approval.
Comments to be Included in P & Z Resolution and/or Council Ordinance: These comments
are noted below.
DRC COMMENTS:
1. Enqineerinq Department
. Existinq Encroachments: There are minor encroachments in the back of the property.
These need to be addressed as part of any building permit.
Wordinq of Resolution: The following plat note required: The existing house need not
be demolished to accommodate the newly created lot boundaries and the encroachments
into the side yards and alley may continue to exist for the life of the original structure
only. Upon redevelopment, all structures on these two (2) lots shall comply with the R-6
Zone District provisions with respect to the newly created lot boundaries and setbacks.
The Subdivision Exemption Plat shall grant a reciprocal easement to allow for the existing
residence to be maintained across the new lot line and shall function for the life of the
existing structure only. Upon redevelopment encroachments in the alley must be
removed.
2. Parks Department
. Parks Dept. notes that new construction on the two new lots may require the removal of
large trees and substantial mitigation fees.
Wordinq of Resolution: The applicant shall obtain a tree removal permit prior to
removing any trees from the site in which a tree removal permit is required pursuant to
Section 11 of the City of Aspen Municipal Code. Any tree to remain on-site during the
development of Lots 1 and 2 shall have its drip line fenced off prior to, and throughout
construction. Tree Removal Mitigation may be required for removal of trees pursuant to
Municipal Code Section 13.20.
3. Fire Department
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Page 2 of 3
February14,2003
Whyte Lot Split
. Sprinklers: New structures over 5,000 sf will need sprinkers.
Wordin"! of Resolution: The applicant shall install a fire sprinkler system that meets the
requirements of the Fire Marshall if any of the proposed residences that exceed 5,000
square feet in size.
4. Water Department
When the existing house is demolished, the old tap will need to be abandoned. Two new
taps will be needed for new dwei/ings on the two new lots.
Wordin,,! of Resolution: The applicant shai/ complywith the City of Aspen Water
System Standards, with Title 25, and with the applicable standards of Title 8 (Water
Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by
the City of Aspen Water Department. Upon redevelopment of the new lots. the applicant
shai/ abandon the existing water service line prior to receiving new water taps.
5. Sanitation District
The existing sewer line can continue to serve the existing structure. However, this
existing service cannot serve the one of the new lots unless it is inspected to the
satisfaction of the Sanitation District.
Word in"! of Resolution: The Applicant shai/ comply with the Aspen Sanitation District's
rules and regulations. No clear water connections (roof, foundation, perimeter drains)
shall be ai/owed. Ai/ sanitation-related improvements below grade shall require the use
of a pumping station.
IDRClWhyteLotSplit-321WBleeker
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ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
32/ \J I ~!~-aI~~V
SCHEDULED PUBLIC HEARING DATE:' 4/1 Lf/o ~
, Aspen, CO
,200_
STATE OF COLORADO )
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County of Pitkin )
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being or representing an Applicant to the"Clty of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
_ Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (15)
days prior to the public hearing. A copy of the publication is attached hereto.
_ Posting of notice: By posting of notice, which form was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed ofletters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the _ day of
,200_, to and including the date and time of the public
hearing. A photograph of the posted notice (sign) is attached hereto.
_ Mailing of notice . By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi-governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitlcin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
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Rezoning or text amendment. Whenever the official zoning district map is.in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text ofthis Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (IS) days
prior to the public hearing on such amendments.
. 1J~
The f~gOin~'AffidavitofNotice" was"'owledged ~re m~~ day
of 1~lpr ,200~, by c..)~ )r-,
RE:' 321\~C:'BL~:~:~~i~ ~ri~~B;~:IO:::"'\'
EMPTlONFCiRALOT IT
NOTICE is HEREBY G EN thot , pubtich"(i",
will be held an Monday.~pr,i1 }4~,2003, 3t,.,a m~et"
ing to. begin ~f5:00,e.ll1.?efo,r~l~e Asj)e~,'ti~1
Council, Councn' Chambers, TftY:Han~T30 S.Cale:'"
na St., Aspen, to,consider an application'subinit~
ted by the Ruth Whyte requestiiig"approvw'ofa
Subdivision Exemption for a Lot Split to. divi_de
the property into two. lots. The property is locat::':,,,,i
ed at 321_\11. Blee~er$t..and, is legally described
as LotsD-G, Block 44, of the City and Townsite af
Aspen.
'~''For' fufther~ii1formarroil7"confacn~iIr~<~tjnar.at'-'
the City 0.1 Aspen comlUOity oevdopmen~ ~,
partTIl~nt. 139 S:(~alena _ ..' AsP.'"' CO (970 )_92<i-.:
5095,'jameS1@c6i.sp~n.co s. ,'.-'
s Helen Klanderud, Mayor
Aspen City Council
~O~~~)hed in The Aspen imes on March 29, 2003. A TT ACHMENTS:
"..'.~_..:..:_:RE.
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BY MAIL
-~MAR~0-2003 THU 12:09 PM
-".,...
FAX NO.
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ATTACt1MENT7
AFFIOAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: 32- 1
SCHEDULED PUBLIC HEARING DATE:
L-0e :::>/ {J, lee 1-::. <? (Aspeu, CO
~ ! ii--{ 103, .2003,
STATE OF COLORADO )
) ...
County of Pitkin )
I, 6l c. r\ r\ 'H 0 ( {\ (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify tllat I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
_ Publica/ion of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspcn at least fifteen (I 5)
days prior to the public hearing. A copy of/he publication is at/ached here/a.
_00sting of notice:' By posting of notice, which form was obtained from thc
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed ofleners not
less than one inch in height. Said notice was posted at least fifteen (15) days
~or to tl}e public hearing and was continuously visihle from the:.L day of
1f...J:. u. ~I/"- , 200 ~ to and including the date and time of the public
hearing. A photograph of/he pos/ed no/ice (sign) is aI/ached hereto.
_ Mailing of notice. By the mailing of a notice ohtained from the Cornmunity
Development Department, which contains thc information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (IS) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi-governmental agency that
owns property within three hundred (300) feet ofthe property subject to thc
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days pnoT to the date ofthepublichearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
P. 03
-~AR-:;D-2003 THU 12:09 PM
FAX NO.
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Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changcd or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a ncw land use
regulation, or otherwise, the requiremcnt of an accurate survcy map Or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in thc arca of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during business hou for fifteen (15) days
prior to the public heanng on sueh amen s.
---~
The ~regOing "Affidavit of Notice" was acknowledged
of JJdl ,2002 by (;,1 n
efore me this I~ay
YI"'I
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: / () ~" ' ZOo 'f
~'~'7J ~
N Public
ATTACHMENTS:
COPY OF THE PURL/CAnON
PHOTOGRA PH OF THE POSTED NOTICE (SIGN)
LIST OF mE OWNERS AND GOVEltNMENTAL AGENCIES NOTICED
BY MAIL
P. 04
, ~ A
State of Colorado )
) 55 AFFIDAVIT OF JANET RACZAK
County of Pitkin )
I, JANET RACZAK, Affiant, being oflawful age and duly sworn upon my oath, do depose and
state as follows:
1. On March 25,2003, I obtained a list of property owners within 300 feet of the subject property
foro the 321 W. Bleeker Street Subdivision Exemption for a Lot Split land use application, from
the City of Aspen GIS Office.
2. Based on my research an updated to the most current list was provided to Davis Horn,
Incorporated on behalf of their client for use in the public noticing process and a copy of that list
is hereby submitted to the Pitkin County Community Development Office.
3. A true and correct copy of the Public Notice was placed in the U.S. Mail, first-class postage
prepaid, to all those named in the list provided by the City of Aspen GIS Office.
FURTHER, AFFIANT SAYETHNOT.
Date
The foregoing instrument was acknowledged and signed before me on ,'3 - -3 I , 2003 by
Janet L. Raczak.
WITNESS my hand and official seal.
My commission expires: /.l- - c1 / - 2- 005-
(SEAL)
,...."
. ,
~
;;..3
PUBLIC NOTICF.
1m: 321 W.lJLEEKER STREET SUBDIVISION EXF.MPTION FOR A LOT
SPLIT
NOTTCr. IS HF.RF.BY GlYF.N that a public hearing will be hcld on Monday, ^pril 14,
2003, at a mceting to bcgin at 5:00 p.m. bef\lI'c the Aspen City COllncil, Council
Chambers, City Hall, 130 S. Galena SI., Aspen, to consider an application submitted hy
th" Ruth Whyte requesting approval or a Subdivision Exemption for a Lot S!>!it to divide
the property into two lots. Thc propcrty is Jocatcd at 321 W. Bleeker 81. and is legally
describcd as Lots D-G. lllock 44, of the City and Townsite of Aspen. F(lr JiJrther
information, contact James Lindt at the City of Aspen Community Dcvclopmenl
DcparUncnt, 130 S. Galena SI., Aspen, CO (970) 920-5095, jamcsl@eLaspen.eo.us.
s/HeJen KllIndcrud, Mllyor
Aspen City Coullcil
Published in the Aspen Times on March 29, 2003
City of ASpen ACCOunt
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212 ~ SECOND ST LLC
C/O RICHARD CORBETT
2202 NWEST SHORE BLVD STE 110
TAMPA, FL 33607-5749
ASPEN MAIN LP
C/O MR H SCHMIDT
PO BOX 2768
ASPEN, CO 81612
BLAU SETH J
BLAU JUDITH
3896 DOGWOOD LN
DOYLESTOWN, PA 18901
BROWDE DAVID A
176 BROADWAY
NEW YORK, NY 10038
CITY OF ASPEN
130 S GALENA ST
ASPEN, CO 81611
COMCOWICH WILLIAM L
CHARLES CATHCART PROP MGT
PO BOX 1374
ASPEN, CO 81612
CRETE ASSOCIATES LP
3418 SANSON ST
PHILADELPHIA, PA 19104
DEREVENSKY PAULA
1128 GRAND AVE
GLENWOOD SPRINGS, CO 81601
DOBBS JOHN C & SARA F
PO BOX 241750
MEMPHIS, TN 38124
GOLD RANDAL S
EPSTEIN GILBERT AND MOLLIE
PO BOX 9813
ASPEN, CO 81612
'SAVERY0
r')H HOLDING COMPANY GlJNN\lSON
435 W MAIN ST -
ASPEN, CO 81611
BARKER JACK 1/21NT
PO BOX 7943
ASPEN, CO 81612
BLEVINS J RONALD & PHYLLIS M
20320 FAIRWAY OAKS DR #353
BOCA RATON, FL 33434
CARINTHIA CORP
45 E LUPINE DR
ASPEN,CO 81611
CLICK JANE
333 W MAIN ST
ASPEN, CO 81611
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,PENHOMEOWNERSAsSOCIA N
A COLO NON PROFIT CORPORATION
311 W MAIN ST ";7
ASPEN, CO 81611
BENNINGHOFF ESTHER
233 W HALLAM AVE
ASPEN, CO 81611
BLONIARZ JOHN W & DONNA L
1839 N ORLEANS ST
CHICAGO, IL 60614
CHAMBERS PETE/SEND TAX BILLS TO
DOUGLAS PRICE
8611 MELWOOD
BETHESDA, MD 20817
COLORADO MTN NEWS MEDIA
500 DOUBLE EAGLE CT
WASHOE, NV 89511
----"-~ ._~-- ~.._-,-----.._.__._._._."--:: ~~~-,--'-"
CONDER CANDIDA E
POBOX 307
TOPANGA, CA 90290
CRUSIUS FRANKLIN G
CRUSIUS MARGARET J
5855 MIDNIGHT PASS RD APT 507
SARASOTA, FL 34242
DEROSE V F
1209 N 14TH AVE
MELROSE PARK,IL 60160
FIRESTEIN CHESTER & BEVERLY
9777 WILSHIRE BLVD STE 501
BEVERLY HILLS, CA 90212
HAISFIELD AUDREY LEA
435 E MAIN ST
ASPEN, CO 81611
,~ddres5 Labels
CRETE ASSOCIATES LP
C/O UNIVERSITY CITY HOUSING CO
PO BOX 1524
BRYNMAWR, PA 19010
DE WOLF NICHOLAS
233 W BLEEKER ST
ASPEN, CO 81611
DIIANNI DONNA M
323 W HALLAM ST
ASPEN, CO 81611
FISCHER SISTIE
442 W BLEEKER
ASPEN. CO 81611
HUGGIN H SCOTT
449 NW STATE ST
BEND, OR 97701-2550
Laser
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JACOBY FAMILY i,JO PARTNERSHIP
CASPER J JACOBY III GEN PARTNER
PO BOX 248
ALTON, IL 62002
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INNSBRUCK HOLDINGS LLC
435 E MAIN ST
ASPEN,CO 81611
JANSS MARVTRUST
403 W HALLAM
ASPEN, CO 81611
KARP MICHAEL
3418 SANSOM ST
PHILADELPHIA, PA 19102
KETTELKAMP GRETTA M
3408 MORRIS AVE
PUEBLO, CO 81008
KING LOUISE LLC
PO BOX 1461
BASALT, CO 81621
MOW ENTERPRISES INC
COLORADO CORPORATION
233 W BLEEKER
ASPEN, CO 81611
MCANIFF RICHARD J
C/O CORNERSTONE ADVISORS
777108TH AVE NE SUITE 2000
BELLEVUE, WA 98004-5118
MCDONALD FAMILY TRUST
320 W MAIN ST
ASPEN,CO 81611
NATHAN REVOCABLE TRUST
718 N LINDEN DR
BEVERLY HILLS, CA 90210
POTVIN SALLY ALLEN
320 W BLEEKER ST
ASPEN, CO 81611
PRICE DOUGLAS L AND VALERIE
8611 MELWOOD RD
BETHESDA, MD 20817
RICHTER SAM
7874 AFTON VILLA CT
BOCA RATON, FL 33433
RICKEL DAVID
8324 BROODSIDE RD
ELKINS PARK, PA 19027
RISCOR INC
2727 N HARWOOD ST #980
DALLAS, TX 75201
RISPOLI PETER
323 W HALLAM ST
ASPEN, CO 81611
ROSENTHAL DIANNE
PO BOX 10043
ASPEN, CO 81612-7311
SAUNDERS MARGARET W
231 ENCINO AVE
SAN ANTONIO, TX 74609
SEALS JOHN R & CAROLYN
4410 MEDICAL DR #400
SAN ANTONIO, TX 78229
SEVEN SEAS INVESTMENT LLC
1017 ELMWOOD AVE
WILMETTE, IL 60091
SHEEHAN WILLIAM J AND
SHEEHAN NANCY E
10 GOLF VIEW LN
FRANKFORT, IL 60423
SILVERSTEIN PHILIP
SILVERSTEIN ROSALYN
25 KNOLLS CRESCENT
BRONX, NY 10463
SIMON LOUIS & EILEEN
1576 CLOVERLY LN
RYDAL, PA 19046
SLOVITER DAVID
SLOVITER ROSALIE
1358 ROBINHOOD RD
MEADOWBROOK, PA 19046
SLOVITOR DAVID & ELAINE
1358 ROBIN HOOD RD
MEADOWBROOK, PA 19046
SNYDER GARY
8324 BROODSIDE RD
ELKINS PARK, PA 19027
STEVENS BRUCE 95.75%
214 W BLEEKER ST
ASPEN, CO 81611
STILWELL REED & CLAIRE
191 UNIVERSITY BLVD #714
DENVER, CO 80206
STRANDBERG JOHN J & JANE T
1200 MAIN ST #LBBY
KANSAS CITY, MO 64105-2100
TAD PROPERTIES L TO LIABILITY CO
PO BOX 9978
ASPEN, CO 81612
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Address labels
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TEMPKINS HARRY
TEMPKINS VIVIAN
420 LINCOLN RD STE 258
MIAMI BEACH, FL 33139
WEISE RICHARD H
5451 N E RIVER RD #503
CHICAGO, IL 60656
SAVER'f0
Address labels
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THALBERG KATHARINE
221 E MAIN ST
ASPEN, CO 81611
WOLOFSKY MOIRA
129 CLARENDON AVE
PALM BEACH, FL 33480
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SAN DIEGO, CA 92101
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FAX NO.
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PUBLIC NOTlCF:
l{E: 321 W. BLEEKER STREET SUBDIVISION EXEMPTION FOR ^ LOT
SPLIT
NOTICF. IS HF.RERV GIVEN that a public hearing will be held on Monday, April 14,
2003, at a meeting to begin al 5:00 p.m. befiml the ABpen City Council, Council
Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by
the Ruth Whyte requesting approval of a Subdiviskm Exemption for a Lot S!)!it to divide
the property into two lots. The propcrty is located at 321 W. B!eekej- SL and is legally
dcscribcd as Lots D-G, 1lI0ck 44, of the City and Townsite of Aspen. F(lr J\Jrlher
information, contact James Lindt at thc City of Aspcn Community Dcveloplllent
Department, 130 S. Galena St., Aspen, CO (970) 920-5095, jamcsl@ci.asPCll.CO.US.
s/Helen Klandcrud, Mnyor
Aspen City Council
Published intbe Aspen Times on March 29, 2003
City or Aspen Account
P. 02
b/
~
.~1111 II 11111111111111 ~~~~;~ 11: 45R
SILVIR ORVIS PITKIN COUNTY CO R 21.00 D 0.00
ORDINANCE No. 17
(SERIES OF 2003)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION
EXEMPTION LOT SPLIT FOR LOTS 1 AND 2. OF THE PROPE:RTYTO BE KNOWN
AND DEDICATED AS THE RUTH WHYTE LOT SPLIT LOCATED AT 321 WEST
BLEEKER STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2735-124.41-002
WHEREAS, the Community Development Department received an application from
Ruth Whyte, represented by Davis Horn Inc. requesting approval of a Subdivision Exemption
Lot Split of the property to be known as Lot I and Lot 2 of the Ruth Whyte Lot Split, located at
321 W. Bleeker Street, City of Aspen, Pitkin County; and
WHEREAS, pursuant. to Land Use Code Section 26.480.040(B), the Aspen City
Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by
ordinance approve, approve with conditions, or disapprove a development application for a.
Subdivision Exemption Lot Split, after considering a recommendation by the Community
Development Department; and,
WHEREAS, the Community Development Department reviewed the application for a
Subdivision Exemption Lot Split for the property to be described as Lots I and 2 of the Ruth
Whyte Lot Split located at 321 W. Bleeker Street (Lots D, E, F, and G, Block 44, of the City and
Townsite), City of Aspen, Pitkin County, Colorado and recommended approval with conditions;
and,
WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City Water
Department, the City Engineering Department, and the City Parks Department have reviewed the
application and provided referral comments; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed
and considered the recommendation of the Community Development Director, the applicable
referral agencies, and has taken and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds all
applicable development standards and that the approval of the development proposal, with
conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is' necessary for the
promotion of public health, safety, and. welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Subdivision Exemption Lot Split for ~ots I and 2 of the property to be known and described as
,..'
"
~. 1111111I111111111111 ~~~~~~~~~ ; 1 : 45A
SILVIA DAVIS PITKIN COUNTY CO R 21.00 . 0 0.00
Lots I and 2 of the Ruth Whyte Lot Split located at 321 W. Bleeker St, City of Aspen, Pitkin
County, is approved with. the following conditions:
1. The applicant shall submit and record a subdivision exemption plat that meets
the terms of Chapter 26.480, and conforms to the requirements of the Land
Use Code, in the office of the Pitkin County Clerk and Recorder no later than
180 days after approval of this ordinance. Furthermore, the proposed Lot
Split Plat shall clearly label the proposed lot line that separates Lot I from Lot
2 and show all easements ofrecord.
2. The applicant shall submit and record a subdivision exemption agreement that
meets the terms of Chapter 26.480.030, and conforms to the requirements of
the Land Use Code, in the office of the Pitkin County Clerk and Recorder no
later than 180 days after approval of this ordinance.
3. The lot split plat shall exhibit two lots in conformance with the R-6 Zone
District regulations and shall include. the following plat notes:
a. The existing house need not be demolished to accommodate the newly
created lot boundaries' and the encroachments.. into the side yard
setbacks and alley, and may continue to exist for the life of the original
structure only. Upon redevelopment, all structures on these two (2)
lots shall comply with the R-6 Zone District provisions with respect to
the newly created lot boundaries and setbacks. The subdivision
exemption plat shall grant an easement to allow for the existing
residence to be maintained across the new lot line and shall function
for the life of the existing structure only. Upon redevelopment, the
encroachments into the alley must also be removed.
b. Upon redevelopment of Lots I and 2, the developer shall seek
exemptions from GMQS on each of the lots pursuant to Section
26.470.070(B), as amended from time to time. Any ADU to be
constructed on Lots I and 2 shall be detached from the main residence
and completely above-grade.
4. Both lots shall comply with the applicable development regulations prior to
applying for building permits, including those regulations related to
Residential Design Standards, Accessory Dwelling Units, and GMQS
Exemptions.
5. The applicant shall obtain a tree removal permit prior to removing any trees
from the site for which a tree removal permit is required pursuant to Chapter
13.20 of the City of Aspen Municipal Code. Any tree to remain on-site during
the development of Lots I and 2 shall have its drip line fenced off prior to,
, and throughout construction. Tree Removal Mitigation may be required for
removal of trees pursuant to Municipal Code Chapter 13.20.
00.00
6. The applicant shall install a fire sprinkler system that meets the requirements
of the Fire Marshal in any of the proposed residences that exceed 5,000 square
feet in size.
,-,
" _:4
,-
.,
7. The Applicant shall comply with the Aspen Sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter drains)
shall be allowed. All sanitation-related improvements below grade shall
require the use of a pumping station. The existing sewer line may be used to
service one of the new residences if it is inspected and determined to be
satisfactory by the Aspen Sanitation District. If the existing service line is not
used for the proposed development it must be abandoned and removed.
8. The applicant shall comply with the City of Aspen Water System Standards,
with Title 25, and with the applicable standards of Title 8 (Water
Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as
required by the City of Aspen Water Department. Upon redevelopment of the
new lots, the applicant sha.ll abandon the existing water service line prior to
receiving new water taps.
Section 2:
All material representations and commitments made by the applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the City Council, are hereby incorporated in such plan development approvals and the same shall be
complied with as if fully set forth herein, unless amended by an authorized entity.
Section 3:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 5:
A public hearing was held on the 14th day of April at 5:00 PM in City Council Chambers, Aspen
City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice ofthe same was
published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on this lOth day of March, 2003.
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Attest: .
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~./::'",;,;\i~,j:(' '. ' ~\
kat~ryi1~~, ~~g~itY Clerk
CO{ J~.(~~:;l.I.,/
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FINALLY, adopted, passed and approved by a five to zero (S-O) vote on this 14th day of April,
2003.
Atte.st.:........ .
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fl':f;t,~" "'1':,. -"c.
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\;:katit~~,.' cJi, City Clerk
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Approved as to form:
~;, I;!,N; 3
ohn Worcester, City Attorney
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DavisHom~c;.
PLANNING &: REAL ESTATE CONSULTING
January 9,2002
James Lindt
Aspen Pitkin County Community Development Department
130 South Galena Street
Aspen, CO. 81611
RE: Ruth Whyte Property: Subdivision Exemption for a Lot Split and GMQS Exemption
Dear James:
Davis Horn Inc. represents Eliza Yeager, the court appointed Guardian/Conservator of Ruth
Whyte (the applicant), the owner of a 12,000 square foot parcel in the West End of Aspen located
at 321 West Bleeker Street. Ms. Whyte is seeking approval ofa lot split and GMQS Exemption
for the12,000 square foot property in order to divide the parcel in to two 6,000 square foot lots.
This is being requested pursuant to Sections 26,480.030(A)(2) and 26.470.070(B) of the City of
Aspen Land Use Regulations. This application will describe the property and the proposed
project, address the pertinent sections of the Code and show compliance with the criteria given in
the Code.
PROJECT DESCRIPTION
According to the Pitkin County Assessor's Office the subject property is located at 321 West
Bleeker Street and contains 12,000 square feet. The address on the structure is 323 West Bleeker
Street. The property is legally described as City of Aspen Block 44, Lots D, E, F and G. Please
refer to Attachment 1, a vicinity map and Attachment 2, the Ruth Whyte Lot Split Subdivision
Exemption Plat. The second page of the plat shows the block (Block 44) where the subject parcel
is located in the West End Neighborhood.
The property is primarily level and is developed with a single family home built in 1967, The
applicant intends to demolish the existing home prior to the closing of a sale of either of the two
newly created6,OOO square foot lots, if the lot split is approved. The existing home sits on the
proposed property line between the two new 6,000 square foot lots so the applicant will have to
demolish the home prior to the redevelopment of either new lot.
As suggested in the pre-application conference, the applicant will also agree to a condition
requiring the execution of a reciprocal easement between the owners of the two new lots, in the
event the home is not demolished. This easement will allow the home to continue to exist should
the home not be demolished prior to the closing ofthe sale of one of the lots.
ALICE DAVIS. AICP l GLENN HORN, AICP
215 SOUTH MONARCH S1 . SUITE 104 . ASPEN, COLORADO 81611 . 970/925-6587 . FAX: 970/925-5180
r')
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Subdivision Exemption for a Lot Split
Section 26.480.030(A)(2)
Section 26.480.030(A)(2) addresses the subdivision exemption criteria for approving a lot split.
The criteria are given in bold and the applicant's response follows.
a. The land is not located in a subdivision approved by either the Pitkin County Board of
Commissioners or the City Conncil, or the land is described as a metes and bounds parcel
which has not been subdivided after the adoption of subdivision regulations by the City of
Aspen on March 24, 1969;
The subject property is not located in a city or county approved subdivision. It is part of the
original blocks and lots in Aspen's original townsite.
b.. No more than two lots are created by the lot split, both lots conform to the requirements
ofthe underlying zone district. Any lot for which development is proposed will mitigate for
affordable housing pursuant to section 26.470.070(B);
No more than two lots will be created by the lot split and both lots will conform to the
requirements of the underlying zone district. A few setbacks will not be met until after the
demolition of the existing house on the property. Demolition will more than likely occur prior to
the closing of the sale of either lot. Should the house not be demolished after the sale of either
lot, the applicant will execute a reciprocal easement between the owners of the new lots which
would allow the house to exist until demolition. This will allow the tenants to stay until the
owners are ready for redevelopment.
c. The lot nnder consideration, or any part thereof, was not previously the subject of a
subdivision exemption under the provisions of this chapter or a "lot split" exemption
pursuant to section 26.470.040(C)(I)(a);
The lot being split was not previously part of a subdivision or a lot split exemption.
d. A subdivision plat which meets the terms of this chapter, and conforms to the
requirements ofthis title, is submitted ,and tecorded in the office ofthe Pitkin County Clerk'
and Recorder after approval, indicating that no fnrther subdivision may be granted for
these lots norwiJI additional units be built without receipt of applicable approvals pursuant
to this chapter and growth management allocation pursuant to Chapter 26.470;
The applicant agrees to this condition and will submit a plat and indicate on the plat that no
further subdivision will be allowed for these two lots nor will additiional units be built without the
receipt of applicable approvals.
e. The subdivision exemption agreement and plat shall be recorded in the office of the
Pitkin County Clerk and Recorder. Failure on the part ofthe applicant to record the plat
within 180 days following approval by the City Council shall render the plat invalid. The
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Community Development Director may extend the recordation deadline if the request is
within the vesting timeline and if there is a community interest for providing such an
extension. The Community Development Director may forward the extension request to
the Planning and Zoning Commission.
The applicant understands and agrees to this condition regarding the recordation of the plat and
subdivision exemption agreement.
f. In the case where an existing single family dwelling occupies a site which is eligible for a
lot split, the dwelling need not be demolished prior to application for a lot split.
The applicant will not demolish the existing residence prior to application for this lot split as this
section allows. Demolition will occur prior to the sale of either of the two lots created by the lot
split or the appropriate easements between the two new parcels will be enacted to accommodate
the new lot line which will bisect the existing house.
g. Maximum potential buildout for the two parcels created by a lot split shall not exceed
three units, wl!ich may be composed of a duplex and a single family home.
The maximum potential buildout for the two parcels created by this lot split will be two single
family units on 6,000 square feet of lot area each.
GMQS Exemption
Section 26.470.070(B)
Section 26.470 of the Code addresses the Growth Management Quota System (GMQS) and
subsection 26.470.070 addresses exemptions from GMQS. Specifically, subsection 26.470.070
(B) allows detached single family dwelling units to be exempt from GMQS if one offive options
regarding affordable housing are met. The applicant and/or the future owner(s) of each of the
newly created lots will provide one of the five options for each of the two homes being exempt
from GMQS. These options include the provision of (I) an above grade detached accessory
dwelling unit (ADD) pursuant to Section 26.520 ofthe Code, (2) an attached ADD pursuant to
Section 26.520 of the Code, (3) an ofr site ADD within the Aspen infill area which will be deed
restricted as required, (4) the applicable affordable housing impact fee OR (5) a recorded
residency occupancy (RO) deed restriction on the single family home being constructed.
As the two future owners of the two lots will more than likely be the ones involved in the design
and planning of the new homes on each parcel, they will decide which option will be provided.
The applicant does agree that one of the five options will be met for each unit. Therefore, the
requirement for the GMQS exemption will be met.
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SUMMARY
The applicant is requesting approval for a lot split through the subdivision exemption and GMQS
exemption processes as identified in the pre-application conference summary in Attachment 3.
All the applicable standards for both approvals have been addressed and compliance with the
applicable standards has been demonstrated.
The following attachments are included:
1. Vicinity Map (8.5" x 11 ");
2. Ruth Whyte Lot Split Subdivision Exemption Plat (11" x 17" and 24" x 36");
3. Pre Application Conference Summary; (2 copies)
4. Proof of Ownership; (2 copies);
5. Land Use Fee Agreement (2 copies); and
6. Authorization for Davis Horn Incorporated to submit this land use application and
to represent the owner in the land use review process (2 copies).
Please contact us if you would like additional infonnation or any clarifications. Should we have
inadvertently neglected to address any of your concerns, please call. Thank you for your
assistance with the application.
Sincerely,
DAVIS HORN INCORPORATED
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HORN AICP
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PRE-APPLICATION CONFERENCE SUMMARY
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ATTACHMENT "
l'LANN13R:
PRomCT:
REPRIiSENTATlVE:
OWNER:
TYPE OF AP!'L!CA nON:
DESCPJPTlON:
James Lindt, 920-5095 DATE: 9.16.02
321 W. Bleeker Lot Split
Alice Davis
Ruth Whyw
One step. Subdivision Exemption for a Lot Split, GMQS Bxemp!ion.
The Applicant wishcs to split dIe 12,000 SF parcel irto two separ<lte parcels.
Land Use Code Section(sj
2S.4110.G30(A)(2) Subdivision Exemption- Lot Split
26.470.070(8) GMQS Exemptions
Review by:
Pubiic Hearing:
Referm! Agencies:
j'lanning rces:
Refen'al Agency Fecs:
Total Deposil:
Staff for Completeness, DRC for technical information, City Counoil for Final Decision.
Yes, City Council.
Engineering
Planning Deposit (SI20S)
Engineering, Minor ($180)
$1385 (deposit coven: 6 hours OfSt.1fftime, additionalllouf$ are billed at a rate of$205ihour)
To apply, submit the. followin9 Information:
1. Proof of owncrship (for bodl properties)
2. Slimed fee acreemcnt
3. Applicant's ~ame, addrcssand telephone number in a letter signed by the applicant which Slates (he name,
address and te!ephone number of the representative authorized to act on behalf of the applicant.
4. Street address and lega' description of the parcel Oil which devclopment is proposed to OCCur, consisting ofa
eurrenl ce!tificatc from it title insurance Company, ot attorney licensed to practice in tho State of Colorado, !L<ting
the names of all OWllCrS ofllle property, and ail mOrlgages,judgmenls./iens, casement_, contmets alld agreements
affecting 1-I,e p3rcel, aud demollSlmling the owner's right to apply for the Develoj'ment Applieatioll.
5. To!al deposit for review oftlle applic.1tion
6. -!!L_ Copias uftbe complete application packet and maps.
HI'C - 12; PZ = 10; GMC = rZ1'S; CC = 7;.Refel1'l\1 Agencies ~ I/ca.; Planning Staff= 2
7. An 81/2~ by II" vicinity maplto be contained on the draft plat locating lhe parcel within the Cilyof Aspen.
S. Dran Plat of the proposed 101 split certified by a registered land surveyor, Iiccllsed in the Slale cfColorado.
Contact the Community Development Enghlcer ifmorc specific infonnalion isnecded. 920-5104.
9. Awritten description oflhe proposal and an explanation in written, graphic, or model form ofhow the prOpQsed
development complies with the review Slilndards relevantlo the developmenr applicalion. I'!ease include ""i~ing
conditions as weil as proposed. Please refer to tho review standards in the City of Aspen Land Use Code
Disdah"ci"~
The foregoing sUl'nmary is advisory in nalure only and js'not binding on the City. The summary;$ based 011 eurrem ~ing?wbith is
~ubjec! t.~ ch:lng.e ii\ the ftiluret and upon factua) representations that mayor, may 110t be aCCurate. TIle summary does not create a
l~~al or vested right.' .
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C0!.:.1'iHIMENT FOR TITLE INSURANCE
SCHEDULE A
1. Eflec1ive Date: November 5, 2002 at 8:00 AM
Case No. PCT175S9F2
2. POIiey or Policies to be issued:
Proposed Insured:
AmountS 0.00
premium$ 0.00
Rate:
(al M. TA Owner's Policy-Form 1992
Proposed Insured:
Amount$ 0.00
Fremium$ 0.00
Aale:
(b) AL TA Loan Policy-Form 1992
Tax Certificate: $
3. r~1e to the FEE SIMPLE estate or interest il11he lanCl C1escribed or ralerted to in this Commitment is at the
ellective date hereof vesteCl in:
RUTH WHYTE
4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as tollows:
LOTS D, E, F AND G,
BLOCK 44,
CITY AND TOWNSITE OF ASPEN
PlTl<IN COUNTY rnu. INC
601 E. HOl'KlNS
ASPtN. CO. 81611
9i'O-92S-1766 PhOf'iC
m-~27FAX
617.217-3158 Toll Free
AUTHORIZED AGDIT
Schedule A-PG. 1
This Commitment is invalid
unless the Insuring
Provisions and Schedules
A and B are attached.
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A:;I"I:.N :;UI<VE.Y EN""
PAGE 62
SCHEDULE B - SEcnoN 1
REQUIREMENTS
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A TT ACHMENT...Lf
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The following are the requirements to be complied with:
ITEM (El) Payment to or for the account 01 the grantors or mortgagors of the full consideration for the
estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly
filed for record to-wit:
THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT A
CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THe
EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO
MAKE ADDITIONAL REQUIREMENTS ANDIOR EXCEPTIONS AS DEEMED NECE;SSARY. THE
RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS
ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION
CONTAINED HEAEIN IS ACCURATI; AND CORRECT, THE COMPANY SHALL NOT BE CHARGED
WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE; TO BE INCORRECT AND THE COMPANY
IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE.
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SCHEDULE B SECTION 2
EXCEPTIONS
ATTACHMENT
if
conb.
The policy or policies to be issued will contain exceptions to the following unless the same are diSPOSed of to
the satisfaction of the Company:
1 . Rights or claims of parties in possession not shown by the public records.
2_ Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matlers, if any. created, first aPPearing in tile public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer
service or for any other special taxing district.
7. Reservations and exceptions as set forth in the Deeds from the City of Aspen recorded in Book 59 at Page
121 and Book 59 at Page 41.2, providing as follows: "That no titI& shall be hereby acquired to any mine of
gold, silver, cinnabar or copper or to any valid mining c1ilim or possession held under existing lilWS".
8. Restrictions as set forth in Deeds recorded August 11, 1959 in Book 1 !IF! at Paoe 244 and December 2,
1960 in Book 1~' ". PO!l(' !I.Oll.- -
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ADDmONAl INFORMATION
AND DISCLOStJRES
~
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ATTACHMENT
4-
am-+.
The Owner's Policy to be iSsued, if any shall contair the following items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule S-Section 1.
(2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND
MORTGAGE POLICY TO SE ISSUED HEREUNDER)
Pursuant to Insurance Regulation 89-2
NOTE: Each title entity shall notify in writing every prospective Insured in an owner's title insurance policy for a
single family residence (inclUding a condominium or townhouse unit) (i) of that title entity's general
requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or
material mens liens, except when said coverage or insurance is extended 10 the insured under the terms of
the policy. A satisfactory affidavit and agreement indemnifying the Company against umiledmechanics'
andior Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must
be furnishe<! to the Company. Upon receipt of these items and any others requirements to be specified by
the' Company upon reqU&st, Pre-printed Item Number 4 may be deleted from the Owner's policy when
. issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing
contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to prOVide
mechanics or materialrnens lien coverage.
NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for
the recording or fhing of legal documents from said transaction, the Company will be deemed to have
provided "Gap Coverage".
Pursuant to Senate. Bill 111-14 (CRS 10-11-122)
(a) The Subject Real Property may be located in a Special Taxing District;
(Il) A CertifICate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the
County Treasurer's Authorize<! Agent;
(c) Information regarding Special Districts and the boundaries of such districts may be obtained from the
Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.
NOTE; A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof
charged to the proposed insured unless written instruction to the contrary are received by the company
prior to the issuance of the Title Policy anticipated by this Commitment.
Pursuant to House Bill 01-1088 (CRS 10"11-123)
If Sche<!ule 8 of your commitment for an Owner's Tille Policy reffects an exception for mineral interests or
leases, pursuantto CRS 10-11-123 (HB 01-1088), this is to advise:
(a) There there is recorded evidence that a mineral estate has been severed, leased or otherwise COnveyed
from the surface estate and that there is a subslantiallikelihOOd that a third party holds. some or all interest
in oil, gas, other minerals or geothermal energy in the property and .
(b) That such mineral estate may inClude the right to enter and use the property without the surface owners'
permission.
This commitment is invalid unless
the InSUring Provisions and Schedules
A and B are attached.
SChedule S-Section 2
Commitment No. PCT17S59F
'Oct-12-02 12:43P Yusem / Horn
r-,.
970 925++ P.02
rl.. ...... ....
A1TACHMENt 5
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF ASPEN (hereinafter CITY) and -E iza L{elljP.r ~r fuflL. UJh~fp, a 5
(hereinafter APPLICANT) AGREE AS FOLLOWS: GU'lidian +- umsen,v,1l"-
[XQmpiiw5
Mreemeot for Pavment of City of Asnen Develonment Anl'lication Fees
I APPLICANT has .ubmittecj. to CITY an aPlllication for
,he.. Mh LUh~-lt> leA- Spli+, 5tJDait7i.slon + &tf\Q.5
(hereinafter, THE PROJE T).
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000)
establi.hes a fee .tructure for Land U.e applications and the payment of all processing fe~ is a condition precedent
to a determination of application compl.ten....
3. APPLICANT and CITY agree lbat because of the .ize, nature or .cope cf the propo.ed project, it
i. not pos.ible at lbi. time to ascertain .lbe full extent of the co.ts involved in precessing the application.
APPLICANT and CITY further agree lbat it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional co.ts to be bill.d to APPLICANT on a monthly basis.
APPLICANT agree. additional cost. may accnle following their hearing. and/or approvals. APPLICANT agr... he
will b. ben.fit.d by r.taining greater cash liquidity and will make additional payments upon notification by the
CITY when they -are necessary as co.t. are inculTed. CITY agree. it will be benefited through th. great.r certainty
of recov.ring its full co.ts to proc..s APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY .taff to complete
proces.ing or present .ufficient information to the Planning Commission and/or City Council to enable the Planning
Commission and/or City Council to make legally required finding. for project consideralir n, unless current billings
are paid in full prior to deci.ion.
5. Therefore, APPLICANT agrees that in con.ideration of the CITY's waiver of its right 10 coll.ct
full fees prior to a determination of application completenes., APPLICANT shall pay an initial deposit in the
amount of$ 1;385~~ which i. for ~ hours of Community Development .taff time, and if actual
recorded costs exceed the initial deposit, APPLICANT .hall pay additional monthly billings to CITY to reimburse
the CITY for lbe processing of the application mentioned above, including post approval review at a rat. of $205.00
per planner hour over the initial deposit. Such periodic payments shall be made within 3(' day. of the billing date.
APPLICANT further agrees that failure to pay .uch accrned co.ts shall be grounds for sllSp,n.ion of processing, and
in no case will building permits be issued until all costs associated with case processing bave been paid.
CITY OF ASPEN
APPLICANT
Julie Ann Woods
Community Development Director
r/o GuNi" U=LJ:OL.
or Roth l.J:J\9
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By:
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1/10/01
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'Oot/T7 -'12..<((1
'Oct-12-02 12:44P Yusem / Horn
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970 925++
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. ATTACHMENT
P.03
to
~:L1ZA YEAGER
GllARI)IAN ANI) CONS~:RVATOR FOR IUfTIl wllvn:
flu Quinton lISA IUf.
P. O. Ilox 7742117
StelllllhO:lt Sllrings, CO. 110447-42117
December 9, 2002
James Undt
Aspen Pitkin Community Development
130 South Galena Street
Aspen, CO. 81611
RE: Authorization to Repre~ent
Dear James:
As the Guardian and Conservator l"r Ruth Whyte, thi~ Ieller is to ""thorizeD,,vis 11urll Inc 10
submit a land use application on behalf ('1' Rulh Whyte I"l' a propl'rty located at :12\ We,t Blecker
Street, Aspen Original Townsite Block 44, Lots [), E. f and (j, This application is I"r " tol split
for a 12,000 square tllllt IWllperty. Da\.is 110m is als,' aullHlI'ized '" "epw~e It us in Ihe lalld use
review process. Davis Horn is located at 215 South Monarch Slreet Suite 104 in Aspell. X I (, II
They can be reached by phone at 970925-651\7.
Please call me or Glenn Horn iF you need anything Furth.....
Sincerely.
//
Eliza y ea~
Guardian and Conservator 1,\1' Ruth Whyte
(970) 879-8707
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MEMORANDUM
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To:
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Development Review Committee
From: John Niewoehner, Community Development Engineer,
DRC Case load Coordinator
Date: February 14, 2003
Re: 2/12/03 DRC Meetinq Minutes: 321 W. Bleeker Whyte Lot Split:
Attendees:
Glen Horn, Planner for Applicant
James Lindt, Community Development Department
Phil Overeynder, Water Department
Tom Bracewell, Sanitation District
Richard Goulding, Engineering Department
Brian Flynn. Parks Department
Denis Murray, Building Department
John Niewoehner, Community Development Department
At the February 12, 2003 meeting, the Development Review Committee reviewed the proposed
321 W. Bleeker Lot Split that will create two 6,000 sf lots.
Next Steps for Application: (I) The Applicant will need to address the concerns of the DRC
members. (ii) Then the project goes to City Council for final approval.
Comments to be Included in P & Z Resolution and/or Council Ordinance: These comments
are noted below.
DRC COMMENTS:
1. Enqineerinq Department
. Existinq Encroachments: There are minor encroachments in the back of the property.
These need to be addressed as part of any building permit.
Wordinq of Resolution: The following plat note required: The existing house need not
be demolished to accommodate the newly created lot boundaries and the encroachments
into the side yards and allev may continue to exist for the life of the original structure
only. Upon redevelopment. all structures on these two (2) lots shall comply with the R-6
Zone District provisions with respect to the newly created lot boundaries and setbacks.
The Subdivision Exemption Plat shall grant a reciprocal easement to allow for the existing
residence to be maintained across the new lot line and shall function for the life of the
existing structure only. Upon redevelopment encroachments in the allev must be
removed.
2. Parks Department
. Parks Dept. notes that new construction on the two new lots may require the removal of
large trees and substantial mitigation fees.
Wordinq of Resolution: The applicant shall obtain a tree removal permit prior to
removing any trees from the site in which a tree removal permit is required pursuant to
Section 11 of the City of Aspen Municipal Code. Any tree to remain on-site during the
development of Lots 1 and 2 shall have its drip line fenced off prior to, and throughout
construction. Tree Removal Mitigation may be required for removal of trees pursuant to
Municipal Code Section 13.20.
3. Fire Department
Page 2 of 3
February14, 2003
Whyte Lot Split
~
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. Sprinklers: New structures over 5,000 sf will need sprinkers.
Wording of Resolution: The applicant shall install a fire sprinkler system that meets the
requirements of the Fire Marshall if any of the proposed residences that exceed 5,000
square feet in size.
4. Water Department
When the existing house is demolished, the old tap will need to be abandoned. Two new
taps will be needed for new dwellings on the two new lots.
Wording of Resolution: The applicant shall comply with the City of Aspen Water
System Standards, with Title 25, and with the applicable standards of Title 8 (Water
Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by
the City of Aspen Water Department. Upon redevelopment of the new lots. the applicant
shall abandon the existing water service line prior to receiving new water taps.
5. Sanitation District
The existing sewer line can continue to serve the existing structure. However. this
existing service cannot serve the one of the new lots unless it is inspected to the
satisfaction of the Sanitation District.
Wording of Resolution: The Applicant shall comply with the Aspen Sanitation District's
rules and regulations. No clear water connections (roof, foundation, perimeter drains)
shall be allowed. All sanitation-related improvements below grade shall require the use
of a pumping station. The existing sewer line may be used to service one of the new
residences if it is inspected and determined to be satisfactory by the Aspen Sanitation
District.
IDRClWhyteLotSplit-321 WBleeker
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Aspen ConsolidatedSallltation b strict
Paul Smith * Chairman
Michael Kelly * Vice- Chair
John Keleher * Sec(Treas
February 21,2003
Frank Loushin
Roy Holloway
Bruce Matherly, Mgr
James Lindt
Corrununity Development
130 S. Galena
Aspen, CO 81611
Re: 321 W. Bleekerlot split
Dear James:
The District currently has sufficient collection and treatment capacity to serve this proposed
development. The existing service line will have to be removed and abandoned as directed by the
District's line superintendent, if the existing service line is not used for the proposed development.
Service is contingent upon compliance with the District's rules, regulations, and specifications
which are on file at the District office.
Please call if you have any questions.
Sincerely,
~<-<-- ~ M\- ~
Bru,ce Matherly
District Manager
565 N. Mill St., Aspen, CO 81611/ (970)925-3601/ FAX (970)925-2537
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MEMORANDUM
FROM:
Plans were routed to those departments checked-off below:
X ........... City Engineer
X ......... Community Development Engineer
0......... Police Department
o ........... Zoning Officer
0........... Housing Director
X........... Parks' Department
X ........... Aspen Fire Marshal
X ........... City Water
X ........... Aspen Consolidated Sanitation District
o ........... Building Department
o ........... Environmental Health
o ........... Electric Department
o ........... Holy Cross Electric
o ........... City Attorney
X ........... Streets Department
o ........... Historic Preservation Officer
o ........... Pitkin County Planning
O.........DRC
James Lindt, Planner
Community Development Department
130 So. Galena St.; Aspen, CO 81611
Phone-920.5095 Fax"920.5439
TO:
RE:
321 W. Bleeker Street Lot Split
Parcel ID #2735-124-41-002
DATE:
February 5, 2003
COMMENTS: Please review the attached application for a Lot Split of the
property at 321 W. Bleeker Street into two 6,000 square foot lots. A DRC Meeting will
be held on Wednesday, February 12th, in the Sister Cities Room, Basement of City Hall.
Please return comments to John Neiwoehner by February 19th.
DRC Meeting:
Comments Due:
February 12th
February 19th
Thank You,
James Lindt
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