HomeMy WebLinkAboutcoa.lu.ec.Lots A&B Aspen Company.A007-98
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No. 1271 P. 3/4
ASPENIPITKIN COMMlJNJ't'y DEVELOPMLvr l>EPARTMENT
Agreement for fllYllleDl of Oty of Aspen Dl!"OOIlJmmt Allllilllfi61 r~
(PIeue PriDt Clearly)
CITY OF ASPEN (hereinafter 011') and Wf'l()l"l mWK REAL'IY .CORP. & CHATFIELD CROSSINC
(hereinafter APPUCANi) AGREE AS FOLLOWS: INC.
1. APPLICANT has submitted to CITYanapplicalion for '! Lot Line Adjustment
CITY OF ASPEN
~
Community Development Director
City of Aspen
(hc:reina.ftcr, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Qrd;nllUce No. 43 (Series of 1996)
establishes a fee structure for land use applications and tbe payment of all p1Y"'-lliDg fees is a
condition precedent to a detennination of application completeness.
3. APPLICANT and CITY agree that because of the size:. nature or scope oflbe pro.POJed
project, it is not possible at t.bis time to ascertain !be full extem of the COsts involwd in pI'""'-""'lg
the application. APPLICANT and CITY further agree that it is in the iDterest of the parties to allow
APPLICANT to make payment of an initial deposit and to thereafter pc:rmit additioaal costs to be
billed to AP~LICANT on a monthly basis. APPLICANT agrees he will be beDefited by rermn;..g
greater cash liquidity and willlJlake additional paymcna upon notiticaJiOD by the CITY when they
are necessaty as costs are incutted. CITY agrees it will be benefited through the gl<:iltl;r C<<l~ of
recovering ia full cosa to process APPLICANT'S application.
4. CITY and APPLICANT further agree thai: it is impracticable for CITY slltffto romp1ete
processing or present suffiCient infonnation to the Planning Commission and/or City COUDCil m
enable the PlilIlIIing Commission and/or City COllltcillO make legally required n~di"g~ for project
approval, unless Clll'l'ent billings are paid in full prlO(' to decision.
5. Therefore, APPLICANT agrees tbat in consideration of the CITY's w~ ofits right to
collect full fees prior to a detennination of application completeness, APPLlCANT sball pay an
initia.l deposit in the amount of$ 560 . 0 Qwbich is for _ hours of Planning Slafftime, and if
actual recorded costs exceed the initial deposit, APPLICANT shall pay additionallllOJItbJ.y bilImgs
to CITY to reimburse the CITY for the processing of the application mentioned above, includi:a&
post approval review. Such periodic payments shall be made within 30 days of the billing date.
APPUCANT further agrees that fuilllnlto pay su.c!l accrued costs shall be grounds for suspezWon
of processing. WOOD DUCK REAL'!'Y CORP.
APPLICANT.. BY: ;~<.---- ~
CHATFIELD CROSSINGS, INC.
BY: )~4~--~-'
Signature:
Date:
PriDiM Name;
1/23/98
Alvin Dworman
MailiJIg Address:
h.1~ 'H'~-Ff-h
7\"'Tonllo _
Q-I-h
Floor
New York, New York
J;l'l"d 860iSi::6-6
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BROOKE A. PETERSON
GIDEON I. KAUFMAN'
LAW OFFICES OF
KAUFMAN & PETERSON, P.C.
HAL S. DISHlER"
315 EAST HYMAN AVENUE
ASPEN,COLORADO 81611
TELEPHONE
(970) 925.8166
FACSIMilE
(970) 925.1090
OF COUNSEL:
ERIN l. FERNANDE2-
. ALSO ADMITTED IN MARYLAND
.. ALSO "DMlnED IN TEXAS
- ALSO ADMmED IN FLORIDA
January 28, 1998
Ms. Julianne Woods
Aspen/pitkin Community Development
130 South Galena Street
Aspen, Colorado 81611
HAND-DELIVERED
Re: Boundary Line Adjustment -
Lot A and Lot B, Aspen company Subdivision
Dear Julianne:
Pursuant to our meeting and discussion with Stan Clausen,
please consider this letter a request for exemption from
subdivision and Planning Director sign-off for the adjustment of
land contained on the proposed Boundary Adjustment Plat, which is
enclosed for your review. The two lot owners wish to take a
third undeveloped lot, divide it in half, and include it in their
lots as shown on the Plat. The community will be benefitted by
the elimination of a fully developable lot, and the new lots that
will be created will not be subdivided further. Section 26-
88.030 includes the following requirements:
1. A demonstration that an insubstantial boundary change
between parcels will occur. We believe that an examination
of the plat and what will be accomplished meets those
requirements.
2. All landowners whose lot lines are being adjusted shall
provide written consent to the applicant. Enclosed please
find written consent from the owners of both lots.
3. It is demonstrated that the request is to address specific
hardship. We believe that it would be a hardship to require
this to go through full subdivision. The community is
gaining the benefit of the elimination of a developable lot
and to not apply lot line adjustment criteria would be a
hardship to the applicants and the community in general, as
the community might lose the opportunity to reduce further
development.
4. The corrected plat will meet the standards of this chapter
and conform to the requirements of this title, including the
dimension requirements of the zone district in which the
lots are located. The existing lots are conforming. The
lot line adjustment will merely increase the size of the
lots, and so there will not be any non-conformity created.
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Ms. Julianne Woods
January 28, 1998
Page 2
All the dimensional requirements of the zone, therefore,
will be enhanced.
5. It is demonstrated that the lot line adjustment will not
affect the development rights or permitted density of the
affected lots by providing the opportunity to create a new
lot for resale or development. The parties are willing to
place deed restrictions on the parcels that neither lot can
be split or divided by virtue of this lot line adjustment.
I have enclosed nine (9) copies of this letter, a letter
verifying the ownership of the parcels, and the proposed
Boundary Adjustment Plat, as well as a check in the amount
of $560.00 and a signed Agreement for Payment form.
If you need any additional information, please contact me.
Thank you for your help and consideration in this matter.
sincerely,
KAUFMAN & PETERSON, P.C.
A Pro ession 1 Corporation
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BROOKE A. PETERSON
GIDEON I. KAUFMAN'
lAW OFFICES OF
KAUFMAN & PETERSON, P.C.
HAL S. DISHLER"
315 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
TELEPHONE
(970) 925-8166
FACSIMILE
(970) 925-1090
OF COUNSEL:
ERIN L. FERNANDEZ'""'
. ALSO ADMmm IN MARYLAND
.. ALSO ADMITTED IN TEXAS
- ALSO ADMITTED IN MAIDA
January 28, 1998
Ms. Julianne Woods
Aspen/Pitkin community Development
130 South Galena Street
Aspen, Colorado 81611
Re: Lots A and Lot B, Aspen Company Subdivision
Dear Julianne:
I write this letter to confirm the ownership of Lots A and
B, Aspen Company Subdivision. Lot A is owned by Sistie Fischer.
Lot B is owned by Wood Duck Realty corp. and Chatfield crossings,
Inc., with Alvin Dworman being the corporate officer authorized
to act on behalf of the corporations.
If you need any additional information, please contact me.
Sincerely,
KAUFMAN & PE RSON, P.C.
al Corporation
By
Gideo Kaufman
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Jan. 20.1998 4:59PM.-..
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No. 1271 P. 2/4
AUDOlltZlI.TZOlf TO 81JM1Z'f LO'1' LID ll.n.TnSl'I'IIIB1II'l' llPPLZeA'fIOlf
THE UNDERSIGNED, as the record title owner of the property
described as Lot B, Aspen Company Subdivision, City and Townsite
of Aspen, according to the recorded Plat thereof, Pitkin County,
colorado, a/k/a Roaring Fork Drive, Aspen, CO 81611,
hereby authorizes Gideon Kaufman, Esq., of Kaufman & Peterson,
315 E. Hyman, Aspen, CO 81611, to submit a Lot Line Adjustment
Application, and anything appurtenant thereto, to the City of
Aspen for the above-described property.
DATED this -2.J.... day of January, 1998.
WOOD DUCK REALTY CORP.,
:N~;t2);:.tion ~
CHATFIELD CROSSINGS, INC.,
a Nevada....corporation
By J1/M-o-~
1-15-19985,ldPM
. Jan. 1~ lBBH o:U1PM.
F~ FISCHER 970 :256711
P.2
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No. 1185
P. 2/2
AU'I'IIORYUt'YOR 'l'O stlBlUt' 1.0'1' L1'l!IlI! '&n.TUA'l'JUnl'l' lPPLI:CA'l'YOR
THE ~IGNEl), as the record 'title owner of the property
descri})ec1 as Lot A, Aspen CoIIIpany Subdivision, city and Townsite
of Aspen, according to the recorded Plat: thereof, pitkin county,
COlorado, a/k/a a:lO Roarinc;J Fork Drive, Aspen, CO 81.611, .
hereby authorizes G1<ieon Kautlllan, Esq., of 'Kaufman " Peterson,
US E. H)'IIIan, Aspen, CO 81611, to submit. a Lot Line Adjust.lllent
Appl.ication, and anything appurtenant thereto, to the City of
Aspen for the above-de~cril)ed property.
DATED this _ clay of January, 1998.
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SIS'l'IE lISamR
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98M24
DRAFT
MEMORANDUM
To: Julie Ann Woods, Deputy Community Development Director
Thru: Nick Adeh, City Engineer
From: Chuck Roth, Project Engineer
Date: February 11, 1998
Re: Lot Line Adjustment Plat
The Development Review Committee has reviewed the above referenced application at their
February 4,1998 meeting, and we have the following comments:
1. Plat Title - It appears that the plat should be titled "Aspen Company Subdivision, Amendment
No. _". The Aspen Company Subdivision plat on file at the City Engineer's office does not
indicate if it is recorded or not, but it shows different lot numbers,. not letters, of Block 3, Aspen
Company Subdivision, as the location of the proposed boundary adjustment. Also, it is our
understanding that property two owners purchased a third lot in between them to divide and
increase the sizes of their lots. This formerly existing lot is not indicated on the plat. The boundary
adjustment plat should include a general note explaining what plats of record are amended by the
applicants' proposed boundary adjustment plat.
2. Improvements - State and local statutes require that improvements be shown on plats. The
proposed plat does not provide any information about existing improvements. ls the proposed lot
line going through an existing structure? Jt appears to be necessary to convey improvements
information to referral agencies and to require that existing improvements be shown at the time of
the proposed amendment. The scale of the map may be too small for showing improvements. The
surveyor's certificate must include a statement of the date that the survey was performed, which
must be within the past 12 months.
3. Plat Contents
a. Show zone district.
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b. The plat must show that the parcels are fully monumented.
c. "Names of all adjoining subdivisions. with dotted lines of abutting lots." Code Sec.
26.88.040.2.a(I)( c)
d. Add a title certificate.
4. Streets Department - The private accesses may not be snow plowed onto Roaring Fork Road
nor the public right-of-way adjacent to the Roaring Fork Road pavement.
There has been considerable inappropriate and unpermitted development within the public
right-of-way on Roaring Fork Road. Many public rights-of-way on that street have been developed
as though they are part of the front yards of the adjacent property 'owners. The Pedestrian Plan
states that concrete sidewalks are not desired in the West End but that the historical grass spaces are
. appropriate so that pedestrians are able to walk alongside the street.
5. Parks Department - They had concerns about the ditch which they were going to look into a
comment on separately to the Planning Office.
6. Fire Marshal- The fire marshal had no concems at the site.
7. Aspen Consolidated Sanitation District - They reported that there is an existing sewer line that
needs an easement. The easement must be indiclited on the plat together with dedication language
in the owners' certificate and an acceptance certificate for the Sanitation District.
8. Work in the Public Right-of-way - Given the continuous problems of unapproved work and
development in public rights-of-way adjacent to private property, we advise the applicant as
follows:
The applicant must receive approval from city engineering (920-5080) for design of
improvements, including landscaping; within public rights-of-way, parks department (920-5120)
for vegetation species, and streets department (920-5130) for mailboxes, street and alley cuts, and
shall obtain permits for any work or development, including landscaping, within public rights-of-
way from the city community development department.
DRC Meeting Attendees
Applicant: Scott Smith
Staff: Chris Bendon, Jack Reid, Julie Ann Woods, Rebecca Schickling, John Krueger, Tom
Bracewell, Ed Van Walraven, Chuck Roth
98M30
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MEMORANDUM
Thru:
Julie Ann Woods, Deputy Community Development Director
Nick Adeh, City Engin~ a
Chuck Roth, Project Engineer ai.t?_
To:
From:
Date:
February 13, 1998
Re:
Lot Line Adjustment Plat
The Development Review Committee has reviewed the above referenced application at their
February 4, 1998 meeting, and we have the following comments:
1. Plat Title - The plat should be titled "Aspen Company Subdivision, Amendment No. _".
2. Imorovements - State and local statutes require that improvements be shown on plats. The
proposed plat does not provide any information about existing improvements. Is the proposed lot
line going through an existing structure? It appears to be necessary to convey improvements
information to referral agencies and to require that existing improvements be shown at the time of
the proposed amendment. The scale of the map may be too small for showing improvements. The
surveyor's certificate must include a statement of the date that the survey was performed, which
must be within the past 12 months;
3. Plat Contents
a. Show zone district.
b. The plat must show that the parcels are fully monumented.
c. "Names of all adjoining subdivisions with dotted lines of abutting lots." Code Sec.
26.88.040.2.a(1)( c)
d. Add a title certificate.
e. The formerly existing lot should be indicated on the plat.
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f. The boundary adjustment plat should include a general note explaining: The plats of
record are amended by the applicants' proposed boundary adjustment plat map.
4. Streets Department - The private access's snow may not be stored on Roaring Fork Road nor
the public right-of-way adjacent to the Roaring Fork Road pavement.
There has been considerable inappropriate and unpermitted development within the public
right-of-way on Roaring Fork Road. Many public rights-of-way on that street have been developed
as though they are part of the front yards of the adjacent property owners. The Pedestrian Plan
states that concrete sidewalks are not desired in the West End but that the historical grassed
walkways are appropriate so that pedestrians are able to walk alongside the street.
5. Parks Department - Due to lack of timely knowledge of this case, the Parks Department did
not forward comments during this DRC meeting. They are concerned about the ditch and are going
to prepare a comprehensive comment sheet and send it separately to the Planning Office.
6. Fire Marshal - The fire marshal had no concerns at the site.
7. Aspen Consolidated Sanitation Distri~t - ACSD reported that there is an existing sewer line
that requires an easement. The easement must be indicated on the plat together with dedication
statement in the owners' certificate and an acceptance certificate for the Sanitation District.
8. Work in the Public Riehl-of-wav - Given the continuous and unapproved work and
development in publiC rights~or~wayaajaceiif to private property, we advise the applicant as
foJJows:
The applicant must receive approval from city engineering (920-5080) for design of
improvements, including landscaping, within public rights-of-way, parks department (920-5120)
for vegetation species, and streets department (920-5130) for mailboxes, street and alley cuts, and
shall obtain permits for any work or development, including landscaping, within public rights-of-
way from the city community development department.
DRC Meeting Attendees
Staff: Chris Bendon, Jack Reid, Julie Ann Woods, Rebecca Schickling, John Krueger, Tom
BraceweJJ, Ed Van Walraven, Chuck Roth
98M30
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. 565 North Mill Street. .
Aspen,Colorado ?J611
FAX #(970) 925.2537
M.ichael Kelly
Frank Loushin
Bruce Matherly, Mgi.
""
Tele. (970) 925.3601
SyKelly . Chairman
Paul Smith.. Treas.
,Louis Popish. Seey.
MEMO
RECEiVED
PES 2 6 1998.
. ASPENiPl1"KIN
cOMMUNITY DEVELOPMENT
TO:
. ...Julie Ann Woods
FROM:
Toin Brac;ewell
DATE:
Febiuaiy25, 1998
,
SUBJECT: ACSD Sew~rLine Easem~rt-LotsA&B, Aspen Company Sub.
Dear Julie Ann,
, _ ....,' ',", , .." ,,~;,' ~',,'<; 'c'. ,::' <:i"'c
We would appreciate the inclusion 01 the ACSD Sewer Line Easement for Lots A&B,
Aspen Company subdivision, in the. appli~ants requ~st fClr .~ va~atioriof the
. acces.sand utility easements on their lots. I have inc1u4ed a map showing the
loca\iol} ofthe pipeline and the requested 10 foot easement. each side of the
pipe for a total of 20 feet.
Thanks for your assistance.
..
Sincerely,
,..--;-)
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Thomas R.. Bracewell
Collection Systems Superintendent
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BROOKE A. PETERSON
GIDEON I. KAUFMAN"
LAW OFFICES OF
KAUFMAN & PETERSON, P.C.
HAL S. DISHLER-
315 EAST HYMAN AVENUE
ASPEN,COLORADO 81611
TELEPHONE
(970) 925-8166
FACSIMILE
(970) 925.1090
OF COUNSEL,
ERIN L. FERNANDEZ***
.. ALSOADMmEO IN MARYLAND
U ALSOADMITTEDINTEXAS
U. AlSOAOMITTEDINflORlDA
April 1, 1998
RECEIVED
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HAND-DELIVERED
'; ;:;t;;\i:r:I..OPMENT
Ms. Julianne Woods
Aspen/Pitkin Community Development
130 South Galena street
Aspen, Colorado 81611
Re: Boundary Line Adjustment -
Lot A and Lot B, Aspen Company Subdivision
Dear Julianne:
Enclosed is the revised Plat for the above-referenced
boundary line adjustment. I hope this encompasses all the
requested changes.
If you need any additional information, please contact me.
I look forward to completing this boundary line adjustment as
soon as possible.
Sincerely,
KAUFMAN & PETERSON, P.C.
A Pr? essional Corporation
L
n Kaufman
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Enclosure