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HomeMy WebLinkAboutcoa.lu.ec.323 W Bleeker St.A003-03A003-03 Ruth Whyte Sub Exempt GMQS Ift 321 W. Bleeker St. --. 2735-124-41-002 SC. JAZZ � /03 uCiu% COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City of Aspen Land Use: 1041 Deposit 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: 1 163 City Engineer 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection 1079 Aspen Fire Other Fees: 1006 Copy 1165 Remp Fee 1303 GIS Fee 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu 1164 School District Land Ded. TOTAL NAME: ADDRESS/PROJECT: l PHONE: 3 CHECK# CASE/PERMIT#: # OF COPIES: DATE: INITIAL: • 0 CASE NUMBER PARCEL ID # 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 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 Split/GMQS Ruth Whyte c/o Eliza Yeager Davis Horn Inc 04/14/03 ORD 17-2003 APPROVED 04/15/03 D DRISCOLL PARCEL ID: ",� 51� cr �rJC DATE RCVD: '101122/03 1, # COPIES: JWW, CASE NOIA003-03 CASE NAME: Ruth Whyte Subdivision Exemption for a Lot Split/GMQS Exemption PLNR: IJames Lindt PROJ ADDR: 323 W Bleeker St CASE TYP: ISubdivision Exemption for a Lot Split STEPS: OWN/APP: I Ruth Whyte c/o Eliza ADR: 321 W. Bleeker C/S/Z: Aspen/CO/81611 PHN: _ REPA Davis Horn Inc ADR: 1215 S. Monarch St Ste CIS/Z: Aspen/CO/81611 PHNI 970-925*6587 FEES DUE:r- FEES RCVD: $1385 00 ($180.00 Eng) STAT: 1 REFERRALS REF: BY I MTG DATE REV BODY PH NOTICED F REMARKS CLOSED:I BY: I PLAT SUBMITD: PLAT (BK,PG)j- DUE• DATE OF FINAL AC' CITY COUNCIL: PZ: BOA: DRAC: 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 Orders", 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, Ruth Whyte 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 of 2003, 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 261h day of April, 2003, by the City of Aspen Community DevApment Director. ^ Julie/,in Woods, Community Development Director 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 1 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. s/ City of Aspen Publish in The Aspen Times on April 26, 2003 1111 ; 48961�Gage 1I 1 f 10/ 10/2093�a 04A SI;-VIP OPVIS PITKIN COUNTY Co R 26.00 0 0.00 SUBDIVISION EXEMPTION AGREEMENT FOR THE RUTH WHYTE LOT SPLIT AT 321 WEST BLEEKER STREET This SUBDIVISION EXEMPTION AGREEMENT (hereinafter "Agreement") is made and entered into this (7_ day of 0 Ck- , 2003 by and between ELIZA YEAGER, GUARDIAN AND CONSERVATOR FOR RUTH WHYTE (hereinafter "Owner") and THE CITY OF ASPEN, A MUNICIPAL CORPORATION (hereinafter "City"). W ITNESSETH : WHEREAS, Owner owns a certain real property (the "Property") located at 321 West Bleeker Street and more particularly described as the Aspen Original Townsite Block 44, Lots D, E, F, and G in the City of Aspen, State of Colorado, (Pitkin County Parcel Identification Number 273 5-124-41-002), and WHEREAS, on April 14, 200", the City Council of the City of Aspen granted approval of a subdivision exemption for a lot split on the Property pursuant to the procedures and standards set forth in Title 2 of the Aspen Municipal Cody to place a lot line through the 12,000 square foot Property, between Lot E and Lot F, resulting in a 6,000 square foot Lot 1 and 6,000 square foot Lot 2, and WHEREAS, the approval of the lot split was conditioned upon Owner complying with certain requirements outlined in Ordinance 17, Series of 2003, including entering into a Subdivision Agreement for the Properly, and WHEREAS, Owner has submitted to the City, fOr approval, execution and recordation, a plat for the Property (the "Plat") and the City agrees to approve, execute and record the Plat (Owner shall pay all applicable recordation fees) on the agreement of the Owner to the matters described herein; and WHEREAS, the City has imposed conditions and requirements in connection with its approval, execution and acceptance of the Plat, which matters are necessary to protect, promote and enhance the public health, safety and welfare, and the Owner is prepared to enter into a Subdivision Exemption Agreement incorporating such conditions and requirements. NOW, THEREFORE, in consideration of the mutual covenants contained herein and the approval, execution, and acceptance of the Plat for recordation by the City, it is agreed as follows: 1. Acceptance of Plat. Upon execution of this Agreement by all parties hereto, and upon approval of the final plat by the Engineering Department and the Community Development Director, the City agrees to approve and execute the final plat for subdivision exemption for the lot split submitted herewith, which conforms to the • I , I �a 18 i tjj�jjj �jjIIJIM I Page 2 of 5 10/10/2003 09.04A Subdivision Exemption Agreement SI _vIR DpVIS PITKIN COUNTY CO R 26.00 D 0.00 321 West Bleeker requirements of Chapter 26.480 and all other applicable requirements of the Aspen Land Use Code. Said Plat and this Agreement shall be recorded (Owner pays all applicable recordation fees.) in the Office of the Pitkin County Clerk and Recorder within 180 days of April 14, 2003 (the day Ordinance No.17, Series of 2003, granting lot split approval to the Property, was approved by the City Council). 2. Required Plat Notes. At a minimum, the Plat shall: A. Meet the requirements of Section 26.480.030 of the Aspen Municipal Code; B. Clearly label the lot line that separates Lot 1 from Lot 2 and show all easements of record; C. 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 1 and 2, the developer shall seek exemptions from GMQS on each of the lots pursuant to Section 24.470.070(B), as amended from time to time. Any AD[1 to be constructed on Lots 1 and 2 shall be detached from the main residence and completely above -grade. 3. Compliance with Development Regulations. 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 4. Tree Removal Permit. The Owner 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 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 Chapter 13.20. -2- • �II I I �I 489618 li �II I III I��I I 11,1! IiPage: 3 of 5 SI_VIR II;f I 10/10/ 4RVI5 PITKIN COUNTY CO 2003 09.04R Subdivision Exemption Agreement R 26.00 D 0.00 321 West Bleeker 5. Fire Sprinkler System. The Owner of Lot 1 and/or Lot 2 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. 6. Compliance with Aspen Sanitation District Regulations. The Owner of Lot 1 and/or Lot 2 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 one of 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. 7. Compliance with Aspen Water System Standards. The Owner of Lot 1 and/or Lot 2 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 Cody) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Upon redevelopment of the new lots, the Owner shall abandon the existing water service line prior to receiving new water taps. 8. Subdivision. No further subdivision of t he Property may occur without receipt of applicable and required approvals pursuant to Chapter 26.480 of the Aspen Land Use Code (hereinafter "Code") and growth management allocation pursuant to Chapter 26.470 of the Code, unless the Code is amended in a manner that otherwise allows for further subdivision. Similarly, no additional dwelling units may be constructed on the Property without receipt of applicable and required approvals. 9. Material Representations. All material representations made by the Owner on record, whether in public hearings or in documentation presented before the City Council shall be binding, upon the Owner 10. Enforcement. In the event the City determines that the Owner is not in substantial compliance with the terms of this Agreement or of the Final Plat, the City may serve notice of noncompliance and request that the deficiencies be corrected within a period of forty-five (45) days. In the event the Owner believes that s/he is in compliance or that the noncompliance is insubstantial, the owner may request a hearing before the City Council to determine whether the alleged noncompliance exists or where any amendment, variance, or extension of time to comply should he granted. On request, the City shall conduct a hearing according -3- • Subdivision Exemption Agreement 321 West Bleeker i111ii1111I1111 ill i 111 1111 ill 111,111i,'���� 11 i ' 4139618 Page: 4 of 5 10//10/2003 09:04A R 26.00 D 0.00 to its standard procedures and take such action as it deems appropriate. The City shall be entitled to all remedies at equity and at law to enjoin, correct and/or receive damages for any noncompliance with the Agreement. 11. Notices. Notices to the parties shall be sent in writing by U.S. certified mail, return receipt requested, postage prepaid. Such notices shall be deemed received, if not sooner received, three (3) days after the date of the mailing of the same. To the Owner: Ruth Whyte c/o Eliza Yeager, Custodian and Conservator for Ruth Whyte P. O. Box 774787 Steamboat Springs, CO. 90477 To the City: City Attorney City of Aspen 130 South Galena Street Aspen, CO. 81611 12. Binding Effect. The provisions of this agreement shall run with and constitute a burden on the land and hall be binding upon and inure to the benefit of the Owners, their successors and assigns, and to the City and its successors and assigns. 13. Amendment, This Agreement may be altered or amended only by written instrument executed by all parties hereto, with the same formality as this Agreement was executed. 14. Severability. If any provision of this Agreement is determined to be invalid, such invalidity shall not affect the remaining provisions hereof. IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Exemption Agreement the day and year first written above. OWNER: RUTH WHYTE by ELIZA YEAGER, GUARDIAN AN CONSERVATOR FOR RUTH WHYTE Eliza ��, ard' n Cons Im for Ruth Whyte -4- • Subdivision Exemption Agreement 321 West Bleeker APPROVED: �o/q/o3 o n Worcestor, City Attorney THE CITY OF ASPEN, COLORADO a municipal corpopt/ afro K%nde STATE OF COL,ORADO COUNTY OF PITKIN I 489618 Iiiiiiii, Page: 5 of 5 1111111 lII I iIII 11111i . IIIt I III I 10/10! SI_VIA DAVIS PITKIN COUNTY CO 2009.04A R 26.00 D 0.00 ATTEST: �N By: Icl, Mayer Kathryn Vch, City clerk ss. The forgoing was sworn and subscribed to me this �9 Day of <� T�r����, 2003, by Eliza Yeager, Guardian and Conservator for Ruth Whyte, Owner. Witness my hand and official seal. My commission ex Ires Cre+�+M�` �1iir�►. �t��ooe. -5- N PLEASE RETURN TO CITY CLERK 130 S. GALENA ASPEN, CO 81611 RECORDING LABEL; PLAT RECORDING INFORMATI N Plat Book: DOCUMENT TYPE: PLAT GRANTOR: OWNER'S NAME: Last name, First name NAME OF PLAT W fob 2 l k 3) Y l Iv a) updated 01101 Page: Sect Sab GRANTEE: NAME OF PLAT (Include either "SUB" or "CONDO) REMARKS Options: 1. 1st amended, 2nd amendedc. , ---- - - - - --- e-- — — -- -- - 2- Supplemental PROPERTY DESCRIPTIONS: 1) NAME OF PLAT _ ALL OTHER LEGALS... Of cord\forms\plats TO: THRU: FROM: RE: tiRb V S 0 a c MEMORANDUM rk� A 6 � �\ � Mayor and City Council Julie Ann Woods, Community Development Directo James Lindt, Planner 321 W. Bleeker Street Subdivision Exemption Lot Split — 2nd Reading of Ordinance No. 17, Series of 2003- Public Hearing DATE: April 14, 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 1-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. Area of Proposed Lot I Photo Above: Area proposed as Lot 1 o l' the Ruth Whyte Lot Split. Photo Above: Area proposed as Lot 2 of the Ruth Whyte Lot Split. -1- MEMORANDUM TO: Mayor and City Council THRU: Julie Ann Woods, Community Development Director FROM: James Lindt, PlannerQ RE: 321 W. Bleeker Street Subdivision Exemption Lot Split - V Reading of Ordinance No. 11, 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 1-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. Area of Proposed Lot I Photo Above: Area proposed as Lot 1 of the Ruth Whyte Lot Split. Photo Above: Area proposed as Lot 2 of the Ruth Whyte Lot Split. 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, the 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 and/or 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 Aspen/Pitkin 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 Aspen/Pitkin County Housing Authority Guidelines, as amended; or, 2 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 make 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 1 and 2 of the Ruth Whyte Lot Split located at 321 W. Bleeker Street, City of Aspen, Pitkin County, Colorado with the conditions stated in the ordinance. RECOMMENDED MOTION: (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No. I$ Series 2003, approving a Subdivision Exemption for a Lot Split to create Lot 1 and Lot 2 of the property to be known and dedicated as the Ruth Whyte Lot Split located at 321 W. Bleeker Street, City of Aspen, Pitkin County, Colorado with the conditions set forth in the ordinance." ATTACHMENTS: EXHIBIT A -- REVIEW CRITERIA & STAFF FINDINGS EXHIBIT B -- APPLICATION EXHIBIT C --REFERRAL COMMENTS EXHIBIT D -- VICINITY MAP 3 ORDINANCE No. '1 Ir (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 Davis Horn Inc. requesting approval of a Subdivision Exemption Lot Split of property to be known as Lot 1 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 1 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 1 and 2 of the property to be known and described as Lots 1 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: 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 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 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 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 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 1 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 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. 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. 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: 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 14`h 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 1 Oth day of March, 2003. Attest: Kathryn S. Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, adopted, passed and approved this 14th day of April, 2003. Attest: Kathrvn S. Koch, Citv Clerk Approved as to form: John Worcester, Cite Attorney Helen Kalin Klanderud, Mayor 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 1 and 2 of the Ruth Whyte Lot Split. Both of the lots to be created will contain at least 6,000 square feet of lot 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)(1)(a). 4 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 1 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 of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the 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 buildout 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. 5 • • 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. Ci • MEMORANDUM • EA;tA;�'`911 To: Development Review Committee From: John Niewoehner, Community Development Engineer, DRC Caseload Coordinator Date: February 14, 2003 Re: 2/12/03 DRC Meeting 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: Engineering Department • Existing Encroachments: There are minor encroachments in the back of the property. These need to be addressed as part of any building permit. Wording 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. Wording 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 • 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. /DRC/WhyteLotSplit-321 WBleeker U tt st v� cq cog to cn c �°a�n�rNM�o� s ./lAwo 1* ■ N'. z w *0 tj in i TJ gyp' �r� , gr vcIr r a� 61 (]V�tJiN VICINITY MAP LEGEND & NOTES 0 FOUND SURVEY MONUMENT REBAR WITH CAP AS NOTED 6 SPIKE OR P-K NAIL SURVEY CONTROL POSTED ADDRESS IS '323 WEST SLEEKER STREET - TITLE INFORMATION WASCFURNISHED BYN0. PCTK17559FNTY TITLE, INC. ITMENTDATED: NOV. 5, 2002 C) SET CORNER NO. 4 REBAR W/RED CAP CAP 16129 -13 WOOD FENCE Q UTILITY BOX SPRUCE TREE CALIPER SIZE AS NOTED DECIDUOUS TREE (ASPEN OR COTTENWOOD) BASIS OF BEARINGS S75'09'II'E 270.00' BETWEEN THE OFRBLOCKT440R(3E4'OPIPEOWITH4CAPAND -TCITYHE OMONUMENTSCORNER ZONING IS R-6 SNOW COVERED THE PROPERTY AT THE TIME OF SURVEY ASPEN HISTORICAL SOCIETY HISTORIC LOT SPLIT YEL CAP 13166 WC S2°E 0.75' WIT. COR. WOOD FENCE ENCROACHES 0.5' INTO ALLEY PLAT NOTES R TH WHYTE LOT � � � � E"PT 71 ON PLAT ALL OF LOTS D. E. F AND G, BLOCK 44, CITY & TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO FENCE ENCROACHES `------- _ -- 20.00' N t.2' INTO ALLEY 75°O9•1;.w ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. e_T r SCALE I INCH - 10 FEET 0 5 10 15 20 s OWNER'S CERTIFICATE LOOTS DLLEMEN BANDHGSEBLOCKE44S CHTY ANDHTOWNWHYSETEEOFGASPENTHE REP�TKINWCOUNNER TY ALL OF LOTS DOER HEREBY SUBDIVIDE AND REPLAT THIS REAL PROPERTY UNDER THE NAME AND STYLE OF LOTS I AND 2 RUTH WHYTE LOT SPLIT SUBDIVISION EXEMPTION, CITY OF ASPEN, PITKIN COUNTY, COLbRADO 2003. EXECUTED THIS — DAY OF RUTH WHYTE, OWNER BY: HER -ATTORNEY -IN -FACT STATE OF ) )as COUNTY OF ) THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE T HERATTORNETDAY OF N-FACT 2003 BY RUTH WHYTE BY AS OWNER. WITNESS HAND rFICIAL SEAL MYCOMMISSIONEXPIRES: NOTARY PUBLIC TITLE CERTIFICATE RTHE EGISTEREDIGOED6 BUSIINESSUINOPITKTNRCOUNTYNTATIVE OF COLORADO DOESIN COUNTY HEREBY CERTIFY'THAT DESCRTHE YRSONSBED LISTED ASTYWNFREE ANDHCLEARIS AOFaALL OLIENS EAND ENCRUMBRANCESSIMPLE TITLE To TEXCEPT HIN THOSE L ISTEDPLAT ON THE OWN1kHIS CERTIFICATE ISLNOTUTO BE WE CONSTRUEDHASFANTABSTRACTT ON OF TITLEk'DN�HATNPITKNNOCOUNTYITITLENOR INCA GUARANTEE ASSUMESOF LN611WILE AND LTBESCHARGEDT00D WITHCONTANEDNY FINANCIIAL OBLIGATION OR LIABILIlY WHATSOEVER ON ANY STATEMENT DATED:2003. VINCE HIGENS, PRESIDENT PITKIN COUNTY TITLE, INC. 601 E. HQPKINS AVE. ASPEN, COLORADO 81611 STATE OF COLORADO) COUNTY OF PIKTIN ) THE FOREGOING TITLE CERTlF120ATE03 BYSVINCEOHIGENSDASEFORE PRESIDENTHOF PITKIN COUNTY DAY OF TITLE INC. THAND IOFFICIAL SEAL MYCOMMISSION EXPIRES; NOTARY PUBLIC SURVEYOR'S CERTIFICATE I, DAVID W. MCBRIDE, HEREBY CERTIFY THAT IN DECEMBER 2002, TH EHEREON PRSURVEY OPERTY.WTHEPLOCATMON UNDER AND B SUPERVISION BULDNGENVELOPESED UTILITIES, IMPROVEMENTS AND EASED EMENTS SHOWN ON THE PITKIN COUNTY SHOWN TITLE INC.S MAP. TTTE I LCONT MITMENT PRECIS50NF, DGREATERVTHAN20020 DOD WITH AN ARE , RACYaTOT0.001 OF AN ACRE AND THAT THE SURVEY WAS DONE IN ACCORDANCE WITH CRS 1973 TITLE 38, ARTICLE 51 AS AMENDED FROM TIME TO TIME. 2003 SIGNED THIS DAY Qf _ —+ DAVID W. 1 - DE RLS 16129 ASPEN SURVEY ENGINEERS, INC. AS20 S. GAPEN, CO`ENA 81611 CITY COUNCIL APPROVAL 2003 AS BYITHELCITYYFCOUNCILUOF THETHE RRTH TT CITYYASPENTONUTHISISION EXEMPTION WAS REVIEWED AND APPROVE OFRDINACE THENREANO. — SERIES OF 2003 OF PITKOINRCOUNTYD COLORADO. ECORDEION N0. SIGNED THIS DAY OF 2003. ATTEST: HELEN KLANDERUD, MAYOR KATHRYN S. KOCK, CITY CLERK COMMUNITY DEVELOPMENT ENGINEER'S APPROVAL THIS PLAT OF THE RUTH WHYTE LOT SPLIT SUBDIVISION EXEMPTION WAS REVIEWED AND APPROVED 2003. THE COMMUNITY DEVELOPMENT ENGINEER OF THE CITY OF ASPEN, THIS _.— DAY OF CpMMUNITY DEVELOPMENT ENGINEER, JOHN NIEWOEHNER COMMUNITY WHYDEVLOTSELOPMEQNTE MPTION AP PSROVALD APPROVED BY THIS PLAT OF THE RUTH REVIEWED THE DIRECTOR OF THE COMMUNEITY DEVE200POM3ENT DEPARTMENT OF THE CITY OF ASPEN ON THIS DAY OF ---- DIRECTOR, JULIE ANNE WOODS CLERK AND RECORDER'S ACCEPTANCE ACCEPTED FOR RECORDING IN THE .OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO AT AT PAGECLOCK M2003 IN PLAT AS RECEPTION NUMBER _-- ---+ BOOK CLERK AND RECORDER, SiLVIA DAVIS PREPARED BY ASPEN SURVEY ENGINEERS. 210 S. GALENA STREET ASPEN, COLO. 81611 PHONE/FAX (970) 925-3816 E-MAIL davevoapeninfo.com job no. 32355 JAN. 15, 2003 SHEET I OF i INC - li ALTA P. CHESTER FIRESTEIN 9i&WA MONICA BLVD. #641 BEVERLY HILL CA 90210 • RECEIV APR 0 7 20 J�6�CqA))� ©M 2)6:�,,'ITKIN COUI BUILDING DEPART �D (9/ip �.» � .�» • • •;�,-.-. it � �t tt 11 a 1�1 � tt � � tl it t i ! s..ts•=+ sT•;...:•.?.C. „il,flli.il.„Iittlai!l,.tl1 i.!l.,.1l111 f.tl. !,.}N.!!+i w me PUBLIC NOTICE RE: 321 W. 131,EEKlIR STREET SUBDIVISION EXEMPTION FOR A LOT St'HT NOI ICI? IS fif:ril?[;V C[Vr,N that a public hcarinc will be held on Monday, April 14, 2003, at a meeting to bcgi,t at 5;00 p.m. hel(re the Aspen City Council, Council Ch;mtbe^.rs, City ITall, 110 4. Galena St., Ashen, to consider an application subi►)itt0.(l l)y the Math Whyte: rerluosling approval oaf a Subdivision pIxemptioa, for a Lot Split to divide the propofty into, two leas. The property is localod at 321 W. Aleeker St. and is Ic6ally ilcscribcd a5 Lots D-G. Block 44, of the City and Towl,Rito of Aspen, For Ittrlber informatioa, contact Jmic-q Lindt at the City of Aspen Community Development Departn,etit, 130 S. Galena St., Aspen, CO (970) 920-5095, jamesl(�ci.aspcu.co.us. slllelen Idander•o,d Mflj,or Aspen City Council f ublishe�i in the Ashen "Dimes on March 29 2003 City ol'Aspen Account - fi)WF5;,5 " �U "57Rt� W �Y . WE'VE MOVED ! C & B FIRESTEIN FAMILY TRUST 050189 CHESTER FIRESTEIN CLF kSSOCIATES eN Old Mailing Address: 9777 Wilshire BI d #501, Beverly NEW ADDRESS: 9663 Santa Monica Blvd. #641 Beverly Hills, CA 90210-4303 Telephone and fax numbers are the same: Telephone: (310) 273-7246 Fax (310) 273-5148 Hills, CA 90212 • Pitkin County Com Dev 130 S. Galena 3`d Floor Aspen CO 81611 1 FIRESTEIN CHESTER & BEVERLY 9777 WILSHIRE BLVD STE 501 BEVERLY HILLS, CA 90212 '.;' L .�.: L'.r•.r � �Ikiiill�j•�:I:I:::I1,:I:i:::fil;liili::i:i:i:,:i:i:ll::::llil 11OTICE DATELi 114 io0 - TIME PLACE < �: PURPOSE<� o xr a� �aP Isla }' = R�IE�KEE .- . ,f� P PUBU2'"' NOT" -DATE T�' -'PIP PLACE • - - .%�� !� r7 y '� r • • ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: �i� " , Aspen, CO SCHEDULED PUBLIC HEARING DATE: z4ka/r, 200_ STATE OF COLORADO ) ss. County of Pitkin ) I, -_ J oA ik4—) c--� L ( In ( I (name, please print) being or representing an Applicant to the Crty 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 of letters 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 Pitkin 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) t 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 of this 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 (15) days prior to the public hearing on such amendments. Sig ure The f egoing "Affidavit of Notice" wasnowledged fore me th day of , 20�3, by P WITNESS MY HANDY AL SEAL �,qqP ve My commi SARAH Notary Public v'>►'. ` COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYIIIAIL W .7 PUBLIC NOTICE RE: 321 W. BLEEDER STREET SUBDIVISION EX- EMPTION FOR A LOT SPLIT blic hearing NOTICE ISonMHERE" GIVEN that a pu April 14. 2003, at a meet- Ingbe held on Monday.to begin at 5:00 p.m..before the Aspen City ng Council. Council Chambers, Ciry Hall. 130 S. Gale na St.. Aspen. to consider an application submit- ted by the Ruth Whyte requesting approval of a Subdivision Exemption for a Lot Split to divide the property into two lots. The property is l ,bed ed at 321 W. Bleeker St. and is legally described as Lots D.G, Block 44, of the City and Townsite of Aspen.at For further information, contact JamnLen the City of Aspen Community Development (gent dt 9 De- partment, 130 S. Galena St.. Aspen.CO 70) 5095, jamesl®cLaspen.c s/Helen Dlanderud, Mayor Aspen City Council Published in The Aspen Times on March 29.2003. (0234) MAR-,N-2003 THU 12:09 PM FAX NO. P. 03 ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: '� TI I_ Aspeu, CO SCHEDULED PUBLIC HEARING DATE: ( I o 700 3 STATE OF COLORADO ) ss. County of Pitkin ) 1, L C rl o H L) (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that 1 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, r,\,ZPosting 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 of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to tl�c public hearing and was continuously visible from thcz l day of C u ✓ , 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 Pitkin 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) MP.R-i. -2003 THU 12:09 PM FAX NO. P, 04 Rezoning or text amendment. Whenever the official zoning district map is in any way to he changed 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 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 business hours for fifteen (15) days prior to the public hearing on such amen IS. /77 The foregoing "Affidavit of Notice" was acknowledged efore me this day of r,' , 2003, by G /67n vr� WITNESS MY HAND AND OFFICIAL SEAL My commission expires: /U -�, - ZOO % -�"L— N�ky Public ATTACHMENTS: COPY OF THE PUBLICA 71ON PHOTOGRA PH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED RYMAIL State of Colorado ) ) ss AFFIDAVIT OF JANET RACZAK County of Pitkin ) I, JANET RACZAK, Affiant, being of lawful 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 SAYETH NOT. Janet L. Raczak Date The foregoing instrument was acknowledged and signed before me on .3 - -3 , 2003 by Janet L. Raczak. WITNESS my hand and official seal. My commission expires: /.� - ef / — Z on,5 (SEAL) ,<P?,Y P1J 2' •,,l R. : o ^ % f qlt o , C��'�Q� NOT 11 • PUBLIC NOTICE RE: 321 W. HLEEKER STREET SUBDIVISION EXEMPTION FOR A LOT SPLIT NOTICE: IS HERERV CIVEN that a public hearing will be held on Monday, April 14. 2003, at a meeting to begin at 5:00 p.m. belore the Aspen City Council, Council Chambers, City Iial), 1.10 S. Galena St., Aspen, to consider an application submitted by the Ruth Whyte requesting approval of a Subdivision Exemption for a Lot Split to divide the property into two lots. The property is located at 321 W. Bleeker St. and is legally described as Lots D-(;. Block 44, of the City and Townsite of Aspen. For further information, contact lames Lindt at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095,.jamesliei.aspcn.co.us. s/Helen Klanderud, Mayor Aspen City Council Publishers in the Aspen Times on March 29, 2003 City ol* Aspen Account 212 N SECOND ST LLC C/O RICHARD CORBETT 2202 N WEST 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 &H HOLDING COMPANY GUNNISON 435 W MAIN ST — ASPEN, CO 81611 BARKER JACK 1/2 INT PO BOX 7943 ASPEN, CO 81612 BLEVINS J RONALD & PHYLLIS M 20320 FAIRWAY OAKS DR #353 BOCA RATON. FL 33434 voc OWN #&vv PEN HOMEOWNERS ASSOCIATION (COLO NON PROFIT CORPORATION 311 W MAIN ST ASPEN, CO 81611 BENNINGHOFF ESTHER 233 W HALLAM AVE ASPEN, CO 81611 BLONIARZ JOHN W & DONNA L 1839 N ORLEANS ST CHICAGO, IL 60614 CARINTHIA CORP CHAMBERS PETE/SEND TAX BILLS TO 45 E LUPINE DR DOUGLAS PRICE ASPEN, CO 81611 8611 MELWOOD BETHESDA, MD 20817 CLICK JANE 333 W MAIN ST ASPEN, CO 81611 CONDER CANDIDA E P 0 BOX 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 COLORADO MTN NEWS MEDIA 500 DOUBLE EAGLE CT WASHOE, NV 89511 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 rANZ:TZ`f-) Address Labels Laser 5160® Smooth Feed Sheets TM Use template for 51600 INNSBRUCK HOLDINGS LLC 4ACOBY FAMILY LTD PARTNERSHIP JANSS MARY TRUST 435 E MAIN ST CASPER J JACOBY III GEN PARTNER 403 W HALLAM ALTON, IL 62002 ASPEN, CO 81611 PO BOX 248 ASPEN, CO 81611 KARP MICHAEL KETTELKAMP GRETTA M KING LOUISE LLC 3418 SANSOM ST 3408 MORRIS AVE PO BOX 1467 PHILADELPHIA, PA 19102 PUEBLO, CO 81008 BASALT, CO 81621 M D W ENTERPRISES INC MCANIFF RICHARD J MCDONALD FAMILY TRUST COLORADO CORPORATION C/O CORNERSTONE ADVISORS 320 W MAIN ST 233 W BLEEKER 777 108TH AVE NE SUITE 2000 ASPEN, CO 81611 ASPEN, CO 81611 BELLEVUE, WA 98004-5118 NATHAN REVOCABLE TRUST POTVIN SALLY ALLEN PRICE DOUGLAS L AND VALERIE 718 N LINDEN DR 320 W BLEEKER ST 8611 MELWOOD RD BEVERLY HILLS, CA 90210 ASPEN, CO 81611 BETHESDA, MD 20817 RICHTER SAM RICKEL DAVID RISCOR INC 7874 AFTON VILLA CT 8324 BROODSIDE RD 2727 N HARWOOD ST #980 BOCA RATON, FL 33433 ELKINS PARK, PA 19027 DALLAS, TX 75201 RISPOLI PETER ROSENTHAL DIANNE SAUNDERS MARGARET W 323 W HALLAM ST PO BOX 10043 231 ENCINO AVE ASPEN, CO 81611 ASPEN, CO 81612-7311 SAN ANTONIO, TX 74609 SEALS JOHN R & CAROLYN SEVEN SEAS INVESTMENT LLC SHEEHAN WILLIAM J AND 4410 MEDICAL DR #400 1017 ELMWOOD AVE SHEEHAN NANCY E SAN ANTONIO, TX 78229 WILMETTE, IL 60091 10 GOLF VIEW LN FRANKFORT, IL 60423 SILVERSTEIN PHILIP SIMON LOUIS & EILEEN SLOVITER DAVID SILVERSTEIN ROSALYN 1576 CLOVERLY LN SLOVITER ROSALIE 25 KNOLLS CRESCENT RYDAL, PA 19046 1358 ROBINHOOD RD BRONX, NY 10463 MEADOWBROOK, PA 19046 SLOVITOR DAVID & ELAINE SNYDER GARY STEVENS BRUCE 95.75% 1358 ROBIN HOOD RD 8324 BROODSIDE RD 214 W BLEEKER ST MEADOWBROOK, PA 19046 ELKINS PARK, PA 19027 ASPEN, CO 81611 STILWELL REED & CLAIRE STRANDBERG JOHN J & JANE T TAD PROPERTIES LTD LIABILITY CO 191 UNIVERSITY BLVD #714 1200 MAIN ST #LBBY PO BOX 9978 DENVER, CO 80206 KANSAS CITY, MO 64105-2100 ASPEN, CO 81612 1 F-l'y"=, Address LaWs, Laser 5160® Smooth Feed Sheets TM 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 use temptate tor 5ibu VFHALBERG KATHARINE 221 E MAIN ST ASPEN, CO 81611 WOLOFSKY MOIRA 129 CLARENDON AVE PALM BEACH, FL 33480 TWIN COASTS LTD 11OWCSTSTE1901 SAN DIEGO, CA 92101 0AVERYD Address Labels Laser 51600 MAR-20-2003 THU 12:09 PM FAX N0, P. 02 PUBLIC NOTICE RE: 321 W. BLEEKER STREET SUBDIVISION EXEMPTION FOR A LOT SPLIT NOTICE IS HFRF.RV GIVEN that a public hearing will be held on Monday, April 14. 2003, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Iiall, 130 S. Galena St., Aspen, to consider an application submitted by the Ruth Whyte requesting approval of a Subdivision Exemption for a Lot Split to divide the property into two lots. The property is located at 321 W. Bleeker St. and is legally described as lots D-Q Block 44, of the City and Townsite of Aspen. Fur lurilier information, contact lames Lindt at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5095,,lamcsl�z)ci.aspcn.co.us. s/Helen Klanderud, Mayor Aspen City Council Published in the Aspen Times on March 29, 2003 City ol' Aspen Account '02690 Page: 1 of 4 05/14/2003 11:45A SILVIA DAVIS 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 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 Davis Horn Inc. requesting approval of a Subdivision Exemption Lot Split of the property to be known as Lot 1 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 1 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 Lots 1 and 2 of the property to be known and described as • 482690 Page: 2 of 4 111111111�105/14/2003 11:45A SILVIA DAVIS PITKIN COUNTY CO R 21.00 D 0.00 Lots 1 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 1 from Lot 2 and show all easements of record. 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 1 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 1 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 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 Chapter 13.20. 482690 Page: 3 of 4 05/14/2003 11:45A SILVIA DAVIS PITKIN COUNTY CO R 21.00 D 0.00 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. 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• 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 14`F' 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. :J Attest: . 10. Kathryn_Sf�bch pity Clerk Cot 482690 Page: 4 of 4 05/14/2003 11:45A SILVIA DAVIS PITKIN COUNTY CO R 21.00 D 0.00 Helen Kalin Kla de ud, Mavor FINALLY, adopted, passed and approved by a five to zero (5-0) vote on this 14th day of April, 2003. Approved as to form: ��2�'3 4ohn Worcester, City Attornley H en alin a der4dvoroee , M � Davis Horn - PLANNING & REAL ESTATE CONSULTING January 9, 2002 James Lindt Aspen Pitkin County Community Development Department 130 South Galena Street Aspen, CO. 81611 EA1'641W_ 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 of a lot split and GMQS Exemption for the 12,000 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 created 6,000 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 of the sale of one of the lots. ALICE DAVIS, AICP f GLENN HORN, AICP 215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180 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 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; 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 of the 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 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)(1)(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 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; 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 of the applicant to record the plat within 180 days following approval by the City Council shall render the plat invalid. The 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, which 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 of five 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 four each of the two homes being exempt from GMQS. These options include the provision of (1) an above grade detached accessory dwelling unit (ADU) pursuant to Section 26.520 of the Code, (2) an attached ADU pursuant to Section 26.520 of the Code, (3) an off site ADU 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. a lil 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: Vicinity Map (8.5" x I I "); 2. Ruth Whyte Lot Split Subdivision Exemption Plat (l V x 17" and 24" x 36"); 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 information 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 GLE HORN AICP Sig ,� e � �f Jaia rl W z 0 h 0 z oil v Lij In Lz" Gi z Ld fir old LLj 4;1 z5 uj z, > z I as fl i'd WO Z) Kit v- o � Q) 14, ATTACHMENT 1 0 ATTACHMENT_ 9.00F ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNI-R- lames Ltndt, 920-5095 PROJECT: 321 W. $lecker Lot Split DATF. 9.16.02 REPRFlSENrAV%IL: Alice Davis OWNER: Ruth Wh}tc TYPE tip .°.PI'I,ICATICN: One step. Subdivision Exemption for a Lot Split. GMQS 1. jnptios,. T1t�cCula rrn>,t. The Applicant wishes to split the 12,000 SF parcel i,to two sep y�,qe ,arc !s ....,,. Land use Code Sections) 49-ovA)( .v3V 2 (�)() Subdivision Exemption- Lot Split io.g f'17.�JfU.�, t ) GMQS Exemptions rievieNV by: Public hearing: Referrti ,agencies: Planning fees: Referral Agency Fecs: Tota 11Tvpo, i t: Staff for Completeness, DRC for technical infnrma Yes, City Council. tinn� City Council fvr i inai recision. Engineering Planning Deposit (S1205) Engineering, Minor (S180) $1385 (deposit covers 6 hours of Staff.;..,_ ,,:� ___ , 8uwtsv„ai hours are biiied at a rate of $205ihour) To apply, submit the following infnrtt,n. 1. Proof of ownCrshto (for hnth nre,ne,4;_N 2. Signed fee aereemcnr 3. Applicant's name _irirj,ptc gait tea`, ., t,.. a, _.. i.»�„� ,tttonr ,n a letter signed by the applicant which states address and telPnllone m., Kn, off,,,. ____ the name, t'-lncserit,tiive authorized to act On behalf of the applicant. �• Street address an.i !t!an I ,t,.� ;.,f;, ., r.L _ current ceitirrn Cr _ tit>+t:n^v„ vt ate parse! on which devclopmetlt is proposed to occur, COn$IStint� OI'a -- _.'surrirce Company, Or attorney licensed to practice in the State of Colorado, lictine late names nfg11 Oyrieto of the __oprlty, and aii mortgages,)udgmen(s, liens, casernCnts, contl.ICts and aigrge.ments a.,. o ���•. att., aei-110 ;strat,ng the owner's right to apply for the Develo � hI meat Aoplicatipn, oftileapplication 6- f0 Copies C"I the application HPC 2. n— 1. _ ;;�'picte a PP lion packet and maps_ t I- — IV, �11v11. _ i•L�-5; CC = 7,.Referral Agencies I/ea.; Plannine Staff = 2 S. 1/ + + vtcmay Map (to be contained on the draft plat locating the parcel within the (`itj. or D: n.1l Dt_... CAL _ A rl,n;,tt. "+ ,a. VI tttr proposed lot spilt certified by a registered land surveyor, licensed in the state of Ccict ora; o tac Community Dcvelop,nent Engineer if more specific information is needed. o2n_cln �• f A .vriaer, vcscription of the proposal and an explanation in written, gra hic, p f ,-..-' - p r model .erft! of l,;,w iJtz proposed devI 'upolent complies w th the review standards relevant to the deveJoprnent,jppti�tion wl'le,;,c i,,; ltt3C exieting cctrlt;itions as eii as proposed. Pleasc refer to the review standards in the City of Aspen Land 'Use Coot T►: _t.. � t., car..._:..,. +: sartinfury is advisory in nature only and is not binding on the City. The summary is based on curre;;t Y ➢tine, wt tc is Ct t}ItPc/ fn rli��..s L _ C.. �. mac. ut ink luwTC, and upon ` ctual representations that may or may uut be accurate. I'he suTprt,;,ry do�� ;;o! lecal or wo.-(i rio,,f V, coca e r ATTACFMEf= � g �a E a z 3! NA Q 11 Z Rig Way coos W O x m �I Z�LL S K. cob Iffi ��NN�����.�. T i�i lY f'i iiTT{'1�M7rt'1�rrr rNr�r O�J 0'(Q�� g �lji y F•��m� W C I to X X hi'l w5m I Lu 0 50 co S r pd o� NppppppC� Q& r tV l•Y Q �H St r Gvi Nov-IS-02 05:50P Yusem / Horn 970 25++ 12.2)v; : '21111V �u0 1 II LC P.02 ,�� " MENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: November 5, 2002 at 8:00 AM Case No. PCT17559F2 2. Pollcy or Policies to be issued: (a) ALTA Owner's Policy -Form 1992 Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (b) ALTA Loan Policy -Form 1992 Amounts 0.00 Premiums 0.00 Proposed Insured: Rate: Tax Certificate; $ 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested 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 follows: LOTS D, E, F AND G, BLOCK 44, CITY AND TOWNSITE OF ASPEN PITKN COUNTY IME, INC. 601 E. HOP[ NS ASPEN, CC. 81611 970.95-1766 Phone 470-M-65Z7 FAX 877-2173159 Toll Free AUTHOr\I7ED AGENT Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. Vl/ 1V/ �_UU.7 11. jo 7(g7ZZ)dtilb AbF'tN SUKVtY tNUb PAGE 02 M M SCHEDULE - SECTION 1 ATTACHMENT L4 REQUIREMENTS (or& The following are the requirements to be complied with: ITEM (a) Payment to or for the account of 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 AND/OR EXCEPTIONS AS DEEMED NECESSARY_ 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 HEREIN IS ACCURATE 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. —I —f �— Il. JV 71 V7L.JJolo HOFF-14 JVlSVGY CIVUJ r'Hl7C t7.3 M N SCHEDULE B SECTION 2 ]EXCEPTIONS ATTACHMENT 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_ I 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 matters, if any, created, first appearing in the 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 412, providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 8. Restrictions as set forth in Deeds recorded August 11, 1959 in Book 188 at Page 244 and December 2, 1960 in Bo, ok 192 a�P A Inn O1J 1O/ .VVJ 11. DO 7I G710 HJrr_" JumvLy Lr#bS F'AUL U4 ADDITIONAL INFORMATION AND DISCLOSURES ATTACHMENT q The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (C'A-t (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE 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) 0) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy_ A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, 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 materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate' Bill 91-14 (CAS 10-11-122) (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized 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 Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or leases, pursuant to 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 substantial likelihood 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 Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No. PCTi 7559F A and 8 are attached_ Oct-12-02 12:43P Yusem / Horn w 970 925++ P.02 ATTACHMENT 5 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and El da r -16t - P LT(h (hereinafter APPLICANT) AGREE AS FOLLOWS: Guardian ,F COnAer'lA10r" I APPLICANT has submitted to CITY an application for ¢ �m f _x�rn IUf� 5 A `a fi r Su t 6 i (hereinafter, THE PR07E T). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fee, is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope cf the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideratir n, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of S 13 85 cQ which is for _42 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $205.00 per planner hour over the initial deposit. Such periodic payments shall be made within K days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for susp.-nsion of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: Julie Ann Woods Community Development Director g:\support\forms\agrpayas.doe 1/10/01 By Da Ma PO 8&- K 7`l q 25 5tWM bc)af- :S Fir -,ACAS t .Oct-12-02 12:44P Yusem / Horn 970 925-+-+ P.03 a "TTACHMENT 1v ELIZA YEA(:F R GUARDIAN ANI) CONSERVATOR FOR RUTN WII)"I'V c/u Quinton USA Inc. P. 0. Box 774287 Sle,imboat Shrinks. CO. 80447-4287 December 9, 2002 James Lindt Aspen Pitkin Community Development 130 South Galena Street Aspen, CO. 81611 RE: Authorization to Represent Dear James: As the Guardian and Conservator ti)r Ruth Whyte, this 1c tter is to authorizi f)avis 1 loi n Inc to submit a land use application on behalf ol'Itutl, Whyte t()r a property located at 321 1i'est Meeker Street, Aspen Original Townsite Block 44, Cots I), r:, F anil (i. ibis application is lot split for a 12,000 square blot property. is also authorized t(i represe it u, in thy land use review process. Davis Horn is located at 115 South Monarch Street Suite 104 in Aslicn, 81 b 1 1 They can he reached by phone at 970 925-6587. Please call me or Glenn Horn it'you need anythim,, li:rtli� r. Sincerely, r� i Eliza Yeah Guardian and Conservator fiir Ruth Whyte (970) 879-8707 so a V tnd S iG'e i,�7�k�C`S --I- -(I1 cg-�, QLC1 0 p U 0l1 c V iglu I- - c*'- L'octv s uls41u�'G I U�t I � �'� ctA`o14 jo (A YC4\\,Jp iko�-2� VC� h06 �qp utl��d J ' MEMORANDUM To: Development Review Committee From: John Niewoehner, Community Development Engineer, DRC Caseload Coordinator Date: February 14, 2003 Re: 2/12103 DRC Meeting 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 EX/11 I KJ 4 SIC 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: Engineering Department • Existing Encroachments: There are minor encroachments in the back of the property. These need to be addressed as part of any building permit. Wording 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. Wording 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. Fire Department Page 2 of 3 ' February14, 2003 Whyte Lot Split • 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. 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. /DRC/WhyteLotSplit-321 WBleeker • Aspen Consolidated Sanitation District Paul Smith * Chairman Michael Kelly * Vice- Chair John Keleher * Sec/Treas February 21, 2003 James Lindt Community Development 130 S. Galena Aspen, CO 81611 Re: 321 W. Bleeker lot split Dear James: Frank Loushin Roy Holloway Bruce Matherly, Mgr 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, Bruce Matherly District Manager 565 N. Mill St., Aspen, CO 81611 / (970)925-3601 / FAX (970)925-2537 Q ts CL c :3 2m R N LLa� 'rNM-�tZ�Q 9 4w t� Z m r� i I CA VICINITY MAP LEGEND & NOTES 0 FOUND SURVEY MONUMENT REBAR WITH CAP AS NOTED 9 SPIKE OR P-K NAIL SURVEY CONTROL POSTED ADDRESS IS '323 WEST SLEEKER STREET' TITLE INFORMATION WAS FURNISHED BY: PITKIN COUNTY TITLE, INC. MM COITMENT N0. PCT-1755OF DATED: NOV. 5, 2002 O SET CORNER NO. 4 REBUS WIRED CAP CAP 16129 _µ— WOOD FENCE 0 UTILITY BOX SPRUCE TREE CALIPER SIZE AS NOTED + .Q DECIDUOUS TREE (ASPEN ON COTTEMWODOI tltl''1lWBZA��BB�A .• BASIS OF BEARINGS S75'09'11-E 270.00' BETWEEN THE NORTHWEST CORNER OF BLOCK N AND THE NORTHEAST CORNER OF BLOCK 44 (3/4- PIPE WITH CAP - CITY MONUMENTS) ZONING IS R-6 SNOW COVERED THE PROPERTY AT THE THE OF SURVEY RUTH WHYTE LOT SPLIT SUBDIVISION EXEMPTION ­PLAT ALL OF LOTS D. E. F AND G, BLOCK 44, CITY Q TOIYNSITE OF ASPEN, PITKIN COUNTY, COLORADO BLS WNDEX SCALE I INCH . IO FEET O 5 10 15 20 a v F.110E ENCINTO ALLIES ................. N )5 �. �. �1LL�l Y R 2° 30. BL OCR WNDEI —INS 10 COUIIAW — — LWl G.OMDICE YIY IE—'IC". SASFD VON ANT P I.— WIDIIR TIRIE *— NIL TOY FIOST OI ICOPERFD NM01 OPELT. IN IMP EYEHrt, wT ANY AOTwN — UPON Aw OE:Dcr IN 1NIS PUT RE taRDl® WGOE -IA TFN YEAR` W dR. M WATHFIOTIq N.. •ON. SHEET I OF I ATTACHMENT 2 OWNER'S CERTIFICATE KNOW ALL MEN BY THESE PRESENTS THAT RUTH WiPRE BEING THE RECORD OWNER OF ALL OF LOTS D E F AND G BLOCK N GITY AID TOWNS ITE OF ASPEN PITKIN COUNTY COLORA110 dOEA HEREBY SUBDIVIDE AND REPLA7 THIS REAL PROPERTY UNDER THE NAME AND STYLE OF LOTS I AND 2 RUTH WHYTE LOT SPLIT SUBDIVISIONEXEMPTION, CITY OF ASPEN, PITKIN COUNTY, COLbRADO. EXECUTED THIS _ DAY OF _, 2003. RVTH WHYTE, OWNER BY: HER -ATTORNEY -IN -FACT STATE OF COUNTY OF X THE FOREGOING OWNER'S CERTIFICATE WAS ACXNOWLEDGED BEFORE HE THIS _ DAY OF 2003 BY RUTH WHYTE BY , HER ATTORNET-IN-FACT AS OWNER WITNESS NY NAND AND OFFICIAL SEAL MY COW MSS ION EXPIRES: NOTARY PURL 1 C TITLE CERTIFICATE TIE UDERSIGED A DULY AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE, INC. REGI STEREO TO od BUSINESS IN PITKIN COUNTY COLORADO DOES HEREBY CERTIFY THAT THE PERSONS LISTED AS OWNERS ON THIS PLAT 80 NOLO FEE SIMPLE TITLE TO THE RI THIN DESCRIBED REAL PROPERTY FREE AND CLEAR OF ALL LIENS AND ENCRUMBRANCES EXCEPT THOSE LISTED ON THE Ow1�B"S CERTIFICATE. ALTHOUGH WE BELT EYE THE FACTS STATED ON THIS PLAT ARE TRUE TNIS CENT I F I GTE IS NOT TO BE CONSTRUED AS AN ABSTRACT AANNDTITLE HAM& TTHATNPIITKNNOCOoFTYITITLE INCA WARARTR ASSUV EE OF AR NDILLT S�GEDDT00D WITH ANY FINANCIAL OBLIGATION OR LIABILItY WHATSOEVER ON ANT STATEMENT CONTAINED HEREIN. DATED: , ZDG3. VIHCE XCOUNT, PRESIDENT PITKIN COUNTY TITLE, INC. AS E. COLORAD AVE ASPEN, caoRADo elan STATE OF COLORADOX COUNTY OF PIKTIN I�• THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF _ ,2003 BY VINCE HIGENS AS PRESIDENT OF PITKIN COUNTY TITLE INC. VI THE MY (MAID AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC SURVEYOR'S CERTIFICATE I, DAYID W. Yc BR IDE HEREBY CERTIFY THAT IN DECE7BFK 2002, A SURVEY WAS PERFORI�D UNDER MY DIRECTION AND SUPERVISION OF THE HEREON DESCRIBED UT�LET ES THE IMPROETENTSAND A/D EASEMENTS SHORN ON TIEAp ITKIN CAINTYLTITLEING ENVELOPES, TITLE COI�ITNEXT • PCT-17559F, DATED NOV 5, 2002 ARE ACCIBATELT 5lDWM t�l THIS MAP THE CONTROL SURVEY PRECISION IS GREATER THAN 1: 10,000 WITH AN ACCURACY TO 0. 001 OF AN ACRE AND THAT THE SURVEY WAS DONE IN ACCORDANCE WITH CRS 1973 TITLE JB, ARTICLE 51 AS AMENDED FROM TIME TO TIME SIDED THIS _ DAY OF 2003 DAYID W. M.BRIDE RLS 16129 ASPEN SURVEY ENGINEERS, INC. 210 S. G4LENA ST. ASPEN, CO. 01611 CITY COUNCIL APPROVAL THIS PLAT OF THE RRUTH WHYTE LOT SPLIT SUBDIVISION EXEMPTION WAS REVIEWED AND APPROVED BY THE CITY COUNCIL OF THE CITY ASPEN ON THHS _ DAY OF 2003 AS ORDINANCE ND. SERIES OF 2003 AND RECORDED AS RECEPTION M0. OF THE REAL ESTATE RECORDS OF PITKIN COUNTY, COLORADO. 51 DIED TNIS _ DAY OF , 2003. ATTEST: HELP KLANDERID, MAYOR KATMIYN S. KOCK, CITY CLERK COMMUNITY DEVELOPMENT ENGINEER'S APPROVAL THIS PLAT OF THE RUTH WHYTE LOT SPLIT SUBDIVISION EXEMPTION WAS REVIEWED AND APPROVED BY THE COMMUNITY DEVELOPMENT ENGINEER OF THE CITY OF ASPEN, THIS _ DAY OF , 20D3, COMMUNITY DEVELOPMENT ENGINEER, JOIN NIEWOEHMER COMMUNITY DEVELOPMENT APPROVAL TNIS PLAT OF THE RUTH MNYTE LOT SPLIT SUBDIVISION EXEYTIG/ WAS REVIEWED AD APPROVED By THE DIRECTOR OF THE CORM ITY DEVELOPMENT DEPARTMENT OF THE CITY OF ASPEN ON THIS _ DAY OF ,2003. DIRECTOR, JULIE ANNE WOODS CLERK AND RECORDER'S ACCEPTANCE ACCEPTED FOR RECORDING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COORADO ATAT PAGECLOCK _.MAR N THISRECEPTNU AYROF , 2003 IR PLAT CLERK AND RECORDER, SILVIA DAVIS PREPARED NY ASPEN SURVEY ENGINEERS. INC. 210 S. GALENA STREET ASPEN, COLO. SIBII PHOW/FAX{ L9704 925-3eIB E-MAIL da••WWP••1•f•. ew- j•b ••. 32m JAN. H5, (DOS MEMORANDUM TO: Plans were routed to those departments checked -off below: X ........... City Engineer X ......... Community Development Engineer 0......... Police Department 0 ........... Zoning Officer 0 ........... Housing Director X ........... Parks* Department X ........... Aspen Fire Marshal X ........... City Water X ........... Aspen Consolidated Sanitation District 0 ........... Building Department 0 ........... Environmental Health 0 ........... Electric Department 0 ........... Holy Cross Electric 0 ........... City Attorney X ........... Streets Department 0 ........... Historic Preservation Officer 0 ........... Pitkin County Planning 0......... DRC FROM: James Lindt, Planner Community Development Department 130 So. Galena St.; Aspen, CO 81611 Phone-920.5095 Fax-920.5439 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 12`h, in the Sister Cities Room, Basement of City Hall. Please return comments to John Neiwoehner by February 19th. DRC Meeting: February 12th Comments Due: February 19th Thank You, James Lindt