HomeMy WebLinkAboutcoa.lu.ec.330 Lake Ave.A6-92
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CASELOAD SUMMARY SHEET
city of Aspen
DATE RECEIVED: 1i22792
DATE COMPLETE:=-l ~. q,.;}
PARCEL ID AND CASE NO.
2735-121-07-002 A 6-92 .
STAFF MEMBER: LL
PROJECT NAME: Hume Lot Split
Project Address: 330 Lake Avenue. Aspen. CO 81611
Legal Address: Lots 5. 6. 7. 8 and 9. Block 103. Hallam SID
APPLICANT: Anthonv Hume. Reqencv Plaza. Suite 1475. 214-522-7979
Applicant Address: 3710 Rawlins. L.B. 40. Dallas. TX 75219
REPRESENTATIVE: Gideon Kaufman
Representative Address/Phone: 315 East Hvman Avenue. suite 305
Aspen. CO 81611 925-8166
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PAID: (YES) NO AMOUNT: $2121
NO. OF COPIES RECEIVED 5/1
TYPE OF APPLICATION:
1 STEP: 2 STEP: X
P&Z Meeting Date
PUBLIC HEARING: YES NO
,~ ok~r.:JIi:JJ-J VESTED RIGHTS: YES NOy'\ c.l~
CC Meeting Datecf"j} f~ 3/';3, PUBLIC HEARIN~~ ~"
VESTED RIGHTS:
YES
NO
Paid:
Date:
Planning Director Approval:
Insubstantial Amendment or Exemption:
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Housing Dir. Holy Cross State HwyDept(GW)
Aspen Water Fire Marshall State HwyDept(GJ)
City Electric Building Inspector
Envir.Hlth. Roaring Fork Other
Aspen Con. S.D. Energy Center
DATE REFERRED: 1-~9-1c2- INITIALS: ~~
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_ CitY,Atty _ city Eng.j.~eer .:(Io,ping '--:-~':..'lHi(h
_ HousJ.ng 4 Other: 2Il:('-R~~(dV.u~::ut:-u
FILE STATUS AND LOCATION:
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#347611 Ob/11192 09: 28 Rec $15 00 ap.'
. Sllvla Davis, Pitkin Cnty Clerk, Do~
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685 PG 85S
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STATEMENT OF EXEMPTION FROM THE FULL SUBDIVISION PROCESS FOR
THE PURPOSE OF THE SPLIT OF LOTS 5. 6. 7; 8 and 9. BLOCK. 103.
HALLAM SUBDIVISION. CITY AND TOWNSITE OF ASPEN
WHEREAS, TEAM BANK and ANTHONY HUME AS CO-TRUSTEES OF THE
ESTATE OF JAMES P. HUME, DECEASED (hereinafter collectively
"Applicant"), are the owners of a parcel of real property
located in the City of Aspen, Pitkin County, Colorado,
described as Lots 5, 6, 7, 8 and 9, Block 103, Hallam
Subdivision, city and Townsite of Aspen; and
WHEREAS, Applicant has requested an exemption pursuant to
924-8-104(C) (1) (a) of the Muncipal Code of the City of Aspen of
a split of such lot (the "Lot Split"); and
WHEREAS, the Aspen city council determined at its meeting
of April 13, 1992, that such exemption was appropriate and
granted the same, subject, however, to certain conditions as
set forth below.
NOW, THEREFORE, the city council of Aspen, Colorado, does
determine that the application for exemption from the full
subdivision process for the purpose of the above-described Lot
Split is proper, and hereby grants an exemption from the full
subdivision process for such Lot Split.
PROVIDED, HOWEVER, that the foregoing subdivision
exemption is expressly conditioned upon:
1. That the Final Plat of Lqt Split (the "Final Plat")
depicting the Lot Split shall be filed with the Pitkin County
Clerk and Recorder within one hundred eighty (180) days of the
approval date thereof.
2. An Accessory Dwelling unit must be included on the
newly created lot as this is a requirement of the Lot Split.
The Accessory Dwelling unit must comply with the Housing
Authority's requirements, and must receive Conditional Use
approval by the Aspen Planning and Zoning Commission.
3. Prior to issuance of any building permits, Deed
Restrictions for the Accessory Dwelling unit shall be approved
by the Housing Authority and recorded by the Pitkin county
Clerk and Recorder.
4. The Applicant shall consult City Engineering for
design considerations of development within public right-of-ways,
and shall obtain permits for any work or development within
public right-of-ways from City Streets Department.
5. The Applicant shall agree to join any future
improvement districts which may be formed for the purpose of
constructing improvements in the public right-of-way.
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and shall include the following:
a. Final plat contents shall comply with section 24-7-1004-
D.2 of the Municipal Code. There must be language on the plat
that states that all easements indicated on title policy No.
, dated (within past twelve months) have been shown
on the plat. The plat must show Hallam Addition lot and block
lines and designations. The plat shall contain a note that
states that a permit is required from the city Public Works
Agency for any work performed in the public right-of-way.
b. A note indicating that prior to issuance of a building
permit for development on lot 2, the applicant shall submit
a drainage plan to the Engineering Department.
c. All fences shall be depicted on the plat to determine
the fence location and the ownership of the property.
d. A note referencing the Environmentally sensitive Area and
shall read as follows: Any development on these lots is
subject to review for compliance with ordinance No. 71 (Series
of 1990).
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e. The plat shall provide one 4'x4' (four foot by four foot)
utility pedestal easement and lot line and transformer utility
easement as needed.
2. Prior to final plat approval an encroachment license shall be
obtained for the fence on proposed lot 2.
3. A Subdivision Exemption Agreement listing the conditions of
approval shall be recorded with the final plat.
4. An Accessory Dwelling Unit must be included on the newly
created lot as this. is a requirement of the Lot split. The
Accessory Dwelling unit must comply with the Housing Authority's
requirements and must receive conditional Use approval by the Aspen
Planning and Zoning commission.
5. Prior to issuance of any building permits, Deed Restrictions
for the Accessory Dwelling Unit shall be approved by the Housing
Authority and recorded by the pitkin county Clerk and Recorder's
Office.
6. The applicant shall consult City Engineering for design
considerations of development within public rights-of-way and shall
obtain permits for any work or development within public rights-
of-way from city streets Department.
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7. The applicant shall agree to join any future
tricts which may be formed for the purpose
improvements in the public right-of-way.
improvement dis-
of constructing
8. The applicant shall remove the fence along the ditch easement
.
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ORDINANCE NO. 15
(SERIES OF 1992)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBDIVISION
EXEMPTION FOR A LOT SPLIT, 330 LAKE AVENUE, LOTS 5,6,7,8 AND 9,
BLOCK 103, HALLAM SUBDIVISION, CITY AND TOWNSITE OF ASPEN.
WHEREAS, pursuant to Section 24-8-104 C.1. (a) of the Municipal Code
the applicant, Anthony Hume, has submitted an application to a lot
spli t; and
WHEREAS, a lot split shall be considered a subdivision exemption
subject to review by the City Council; and
WHEREAS, the staff has reviewed the lot split application and has
found that the two created lots conform to the minimum lot size of
)
the underlying zoning of R-6, the parcel has not been subject to
subdivision by the Board of County Commissioners or City Council
or subdivision after March 14, 1969, and a final plat shall be
filed with the City Clerks office containing all pertinent notes
regarding future development; and
WHEREAS, staff recommends to the City Council approval of the lot
split with conditions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1
That it does hereby approve the lot split for the property located
at 330 Lake Avenue, Lots 5,6,7,8 and 9, Block 103, Hallam
Subdivision, with the following conditions:
)
1. A plat shall be filed with the Pitkin County Clerk and
Recorder within 180 days of final approval. The plat shall be
reviewed and approved by the Engineering and Planning Departments
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so as not to obstruct ditch maintenance if in fact maintenance is
obstructed.
section 2:
That the city Clerk be and hereby is directed, upon the adoption
of this ordinance, to record a copy of this ordinance in the office
of the pitkin County Clerk and Recorder.
Section 3:
If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such provision and such
holding shall not affect the validity of the remaining portions
thereof.
section 4:
)
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 5:
A public hearing on the Ordinance shall be held on the 23th
day of March, 1992 at 5:00 P.M. in the City council Chambers, Aspen
city Hall, Aspen Colorado, fifteen (15) days prior to which hearing
a public notice of the same shall be 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 the ~ day of
YJ1..aA.~A--
, 1992.
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ATTEST:
John
(jL5:
Bennett,
Kathryn
FINALLY, adopted,
~, 1992.
passed and approved this
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Mayor
/3~ day of
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John Bennett, Mayor
ATTEST:
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Kathryn "
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#347611 00/11/92 09:28 Rec $15.00 BK _d5 PG
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
859
6. The Applicant shall remove the fence along the ditch
easement so as not to obstruct ditch maintenance, if necessary.
DATED this ____ day of
, 1992.
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TEAM BANK, as Co-Trustee of
the Estate of James P. Hume,
Deceased
ANTHONY HUME, as Co-Trustee
of the Estate of James P.
Hum ece s d
BY~ ~~I Uw.?~
APPROVED AS TO FORM:
CITY OF. ASPEN, a municipal
corporation
By -;! (}~
John ennett, Mayor
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'%{\= 10........ , City Attorney
I, Kathryn S. Koch, do hereby certify that the foregoing
Statement of Exemption from the Full Subdivision Process for
the Purpose of the Split of Lots 5, 6, 7, 8, and 9, Block 103,
Hallam SUbdivision, city and Townsite of Aspen, was considered
and approved by the Aspen city Council at its regular meeting
held , 1992, at which time the Mayor, John Bennett, was
authorized to execute the same on behalf of the City of Aspen.
)JdJ
Koch, city Clerk
STATE OF COLORADO
ss.
COUNTY OF PITKIN
/!fhA_The for oing instrument was acknowledged before me this
~~ay of , 1992, by John Bennett, aSMaYSf~\~nij /
Kathr:(n, S. Ko , as <;:ity Clerk, on behalf of tn:e <::I.~ OF AS~Y,
a mUnlcJ.pal corporatJ.on'w~!i2:'.i::')\1 iJ n
WITNESS my hand and official seal. t;~~f~'~t~i";f~~;7!;:'
M " , ...-~ collY' "';' "",d:,f!fl' I' C . .
y commJ.ssJ.on expJ.res: -,......._lIlIpIrea9l27192 ";.11;/,.....' ,,"....;,"': C. . );.. .
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(NOTARY ACKNOWLEDGMENTS CONTINUE ON PAGE 3)
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#347611 08/11/7'2 09:28 Rec $15.00 BI<
- D' Pl'tkin Cnty Clerk, Doc
Silvia aV1S, '
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STATE OF -rEV f} S
COUNTY OF f)1f1/4-$
ss.
~ The fOr~ing instrument was acknowledged before me this
2P' day of ~, 1992, by ANTHONY HUME, as Co-Trustee of
the Estate of James P. Hume, Deceased.
WITNESS my hand and official
My 'ex ires:
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ss.
-ft-. The foregoing
L day of Vk&\e.,.
Estate of James P.
instrument was acknowledged before me this
, 1992, by TEAM BANK, as Co-Trustee of the
Hume, Deceased.
WITNESS my hand and official seal.
My commission expires:
\hume\subexemp.agr
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MAR 3 , 1992
LAW OFFICES
GIDEON I. KAUFMAN
GIDEON I. KAUFMAN
A PROFESSIONAL CORPORATION
BOX 10001
315 EAST HYMAN AVENUE, SUITE 305
ASPEN. COLORADO 81E111
AREA CODE 303
925-8166
TELEFAX 925-1090
March 27, 1992
VIA FACSIMILE TRANSMISSION
Ms. Diane Moore, Director
Aspen/Pitkin county planning Office
130 South Galena Street
Aspen, colorado 81611
Re: Code Interpretation/Hume Lot Split
Dear Diane:
pursuant to our phone calls and my conversations with
Leslie Lamont, it is my understanding that you, as Planning
Director, are going to render an interpretation of the lot area
definition in the Aspen Municipal Code. This interpretation
will be placed in the City book containing Code
interpretations. The interpretation will state that, when
calculating Floor Area Ratio ("FAR"), the area involved in the
granting or enlargement of a ditch easement will not be
excluded from FAR calculations. It is obviously not in the
city's best interest to penalize someone for granting or
enlarging a ditch easement to the city.
Since a ditch easement is an amenity to a lot, and does
not detract from the overall size of a lot, it makes no sense
to exclude the area surrounding a ditch from FAR calculations.
In addition, a party could place a ditch underground, which
obviously is an unnecessary expense, in order to get the
benefit of the FAR.
I understand that things are hectic with your trip to
Europe, but I hope that we can get this resolved before you
leave so that we are able to proceed with the Hume Lot Split on
the April 13 agenda. Thank you very much for your prompt
attention and consideration.
Very truly yours,
LAW OFFICES
a professio
1
OF GIDEON I. KAUFMAN, P.C.,
corporation
By
n Kaufman
GK/bw
cc: Anthony Hume
cc: ~4:1$lSJ,J~~f;gimgn:tf;
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MEMORANDUM
THRU:
Mayor and city Council
Amy Margerum, city Manager
TO:
THRU:
Diane Moore, City Planning
~
DJ.rector
FROM:
Leslie Lamont, Planner
RE:
Hume Subdivision Exemption for a Lot Split, Second
Reading Ordinance 15, Series of 1992
DATE:
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April 13, 1992
SUMMARY: The applicant, Anthony Hume, seeks a subdivision
exemption for a lot split. This application is only for the lot
split and future development of the parcel will require additional
reviews. Lot splits are exempt from general subdivision
requirements, but require city Council approval.
council held first reading of Ordinance 15, Series of 1992 at the
March 9, 1992 meeting.
ZONING: R-6, Medium Density Residential, 330 Lake Avenue
COUNCIL GOALS: This proposal reflects council goal #14 which
emphasizes fair and consistent treatment in governmental processes.
BACKGROUND: The applicant. seeks to split an approximately one acre
(43,450 sq. ft.) parcel into two lots. The site is located in the
R-6 Zone district. A single family home and barn occupy a portion
of the site.
The lot split is for estate purposes and the applicant does not
intend to develop the lot. When the newly created lot is developed
that development will be subject to other pertinent reviews
including Environmentally Sensitive Area review for Hallam Lake and
conditional use review for an accessory dwelling as required by
the lot split.
REFERRAL COMMENTS:
Engineering: Having reviewed the above referenced application, and
having made a site inspection, the Engineering Department has the
following comments:
1. There is a ditch easement indicated along the northerly property
line. The width is indicated as 4' (four feet). There is a split
rail fence alongside the ditch. The fence is not indicated on the
plat. It must be indicated on the plat in order to determine on
whose property the fence is located. The fence is an obstacle to
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maintaining the ditch. It was reported that the horse paddock, the
corral, floods historically if the ditches are not well maintained.
We recommend a condition of approval that requires the applicant
to upgrade the width of the ditch easement to 8' (eight feet) and
to relocate the fence (if it is on her/his property), in
consultation with the street superintendent, so as not to obstruct
ditch maintenance.
2. The note regarding the Environmentally Sensitive Area must be
rewritten approximately as follows: Any development on these lots
is subject to review for compliance with Ordinance No. 71 (series
of 1990).
3. The applicant shall consult with Holy Cross Electric Association
(Bob Ballenger, 945-5491) and shall provide lot line and
transformer utility easements as needed. In addition, the plat
shall provide one 4'x4' (four foot by four foot) utility pedestal
easement.
4. There is an existing, encroaching fence on proposed Lot 2. The
applicant must obtain an encroachment license prior to final
approval of the plat. (Please advise the applicant of the new
encroachment procedures per Ordinance No. 11, Series of 1992, which
provide for a generally more streamlined process. That is,
encroachment licenses are no longer reviewed by Council.)
5. Final plat contents shall comply with section 24-7-1004-D.2 of
the municipal code. There must be language on the plat that states
that all easements indicated on title policy No. , dated
(within past twelve months) have been shown on the plat. The plat
must show Hallam Addition lot and block lines and designations.
The plat shall contain a note that states that a permit is required
from the city Public Works Agency for any work performed in the
public right-of-way.
6. Given the continuous problems of unapproved work and development
in public rights-of-way, we would advise the applicant as follows:
The applicant shall consult city Engineering for design
considerations of development within public rights-of-
way and shall obtain permits for any work or development
within public rights-of-way from city Streets Department.
7. The applicant shall agree to join any future
tricts which may be formed for the purpose
improvements in the public right-of-way.
improvement dis-
of constructing
Parks: The existing ditch is a city ditch serving street drainage
and runoff purposes. The Streets and Parks Departments, both of
whom maintain the ditch, have confirmed that the ditch is need of
repair. Although a provision of the Erdman Lot Split (the property
north of the Hume parCel) was repair of the ditch, if any
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improvements to the ditch are done by the Hume's or prospective
buyer of Hume Lot 2 repairs should occur on the north side of the
ditch line only in order to protect existing trees.
For ditch maintenance purposes both Departments request a minimum
6 foot easement and will not accept culverts. The ditch shall
remain an open ditch for maintenance, access and tree irrigation
purposes. Notes shall be included on the final plat regarding
ditch maintenance and easements.
PROJECT DISCUSSION: Pursuant to Section 7-1003 A.2. of the Aspen
Land Use code the following review criteria shall be considered
for all lot splits:
A. The land is not located in a subdivision approved by either
the pitkin County Board of County Co:rnmissioners 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 14, 1969.
RESPONSE: The property is not located in a sUbdivision that was
approved by either the pitkin County Board of County
Commissioners or the City Council. The property has not been
subdivided since the adoption of sUbdivision regulations.
B. No more than two (2) lots are created by the lot split and both
lots conform to the requirements of the underlying zone district.
The applicant commits that any lot for which development is
proposed will contain an Accessory Dwelling Unit. When there is
demolition on the property, which makes it subject to the provision
of Art. 5, Div. 7, Replacement Housing Program, the standards of
that program shall supersede these requirements.
RESPONSE: No more than two lots are being created and both
conform to the underlying zone district requirements. The
newly crea~ed lots will be 26,600 s.f. and 16,850 s.f. These
lots comply with the 6,000 s.f. minimum lots for the R-6 Zone
District for single family residences. The applicant
understands that any lot for which development is proposed
must contain an Accessory Dwelling Unit as required by Land
Use Regulations.
C. The lot under consideration, or any part thereof, was not
previously the subject of an exemption under the provisions of this
article or a "lot split" exemption pursuant to Sec. 8-104 (C) (1)
(a) .
RESPONSE: The lot has not previously received a lot split
exemption nor any other subdivision exemption.
D. A subdivision plat is submitted and recorded after approval,
indicating that no further subdivision may be granted for these
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lots nor will additional units be built without receipt of
applicable approvals pursuant to this Article and growth management
allocation pursuant to Art. 8.
RESPONSE: The applicant has offered a draft plat to be
reviewed by the Engineering and Planning Departments. The
plat includes a note that a subdivision plat will be recorded
after approval indicating that no further subdivision may be
granted for these lots, and that any further units will be
developed under the provisions of Article 7 and Growth
Management allocations of Article 8. The plat shall also
contain language referring to any new development shall be
subject to compliance with the Hallam Lake ESA Ordinance 71,
series of 1991.
RECOMMENDATION: Planning staff recommends approval of the Hume
lot split request with the following conditions:
1. A plat shall be filed with the pitkin County Clerk and
Recorder within 180 days of final approval. The plat shall be
reviewed and approved by the Engineering and Planning Departments
and shall include the following:
a. Final plat contents shall comply with section 24-7-1004-
D.2 of the Municipal Code. There must be language on the plat
that states that all easements i~dicated on title policy No.
, dated (within past twelve months) have been shown
on the plat. The plat must show Hallam Addition lot and block
lines and designations. The plat shall contain a note that
states that a permit is required from the city Public Works
Agency for any work performed in the public right-of-way.
b. A note indicating that prior to issuance of a building
permit for development on lot 2, the applicant shall submit
a drainage plan to the Engineering Department.
c. All fences shall be depicted on the plat to determine the
fence location and the ownership of the property.
d. A note referencing the Environmentally Sensitive Area and
shall read as follows: Any development on these lots is
subject to review for compliance with ordinance No. 71 (Series
of 1990).
e. The plat shall provide one 4'x 4' (four foot by four foot)
utility pedestal easement and lot line and transformer utility
easement as needed.
2. Prior to final plat approval, an encroachment license shall
be obtained for the fence on proposed lot 2.
3. A Subdivision Exemption Agreement listing the conditions of
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approval shall be recorded with the final plat.
4. An Accessory Dwelling Unit must be included on the newly
created lot as this is a requirement of the Lot split. The
Accessory DWelling Unit must comply with the Housing Authority's
requirements and must receive Conditional Use approval by the Aspen
Planning and Zoning commission.
5. Prior to issuance of any building permits, Deed Restrictions
for the Accessory DWelling Unit shall be approved by the Housing
Authority and recorded by the pitkin County Clerk and Recorder's
Office.
6. The applicant shall consult city Engineering for design
considerations of development within public rights-of-way and shall
obtain permits for any work or development within public rights-
of-way from city streets Department.
7. The applicant shall agree to join any future
tricts which may be formed for the purpose
improvements in the public right-Of-way.
8. The applicant shall remove the fence along the ditch easement
so as not to obstruct ditch maintenance.
improvement dis-
of constructing
PROPOSED MOTION: I
the Hume Lot split.
on second reading.
move to read Ordinance 15, Series of 1992 for
I move to adopt ordinance 15, series of 1992
CITY MANAGER'S COMMENTS:
ATTACHMENTS: "A" - ordinance 15
"B" - proposed Plat
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MEMORANDUM
FROM:
Mayor and city council 1\ I /
Amy Margerum, city Manager~ .~
Diane Moore, City planning Direc~
Leslie Lamont, Planner
TO:
THRU:
THRU:
.
DATE:
February 24, 1992
---------------------------------------------------------------
---------------------------------------------------------------
Hume Subdivision Exemption for a Lot Split, First Reading
Ordinance /'5", series of 1992
RE:
SUMMARY:
exemption
split and
reviews.
The applicant, Anthony Hume, seeks a subdivision
for a lot split. This application is only for the lot
future development of the parcel will require additional
Lot splits are exempt
require city Council
ordinance.
from general subdivision requirements, but
approval. Subdivision is approved by
ZONING: R-6, Medium Density Residential
COUNCIL GOALS: This proposal reflects council goal #14 which
emphasizes fair and consistent treatment in governmental processes.
BACKGROUND: The applicant seeks to split an approximately one acre
(43,450 sq. ft.) parcel into two lots. The site is located in the
R-6 Zone district. A single family home and barn occupy a portion
of the site.
The lot split is for estate purposes and the applicant does not
intend to develop the lot. When the newly created lot is developed
that development will be subject to other pertinent revJ.ews
including Environmentally sensitive Area review for Hallam Lake and
conditional use review for an accessory dwelling as required by
the lot split.
REFERRAL COMMENTS:
Engineering: Having reviewed the above referenced application, and
having made a site inspection, the Engineering Department has the
following comments:
1. There is a ditch easement indicated along the northerly property
line. The width is indicated as 4' (four feet). There is a split
rail fence alongside the ditch. The fence is not indicated on the
plat. It must be indicated on the plat in order to determine on
whose property the fence is located. The fence is an obstacle to
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maintaining the ditch. It was reported that the horse paddock, the
corral, floods historically if the ditches are not well maintained.
We recommend a condition of approval that requires the applicant
to upgrade the width of the ditch easement to 8' (eight feet) and
to relocate the fence (if it is on her/his property), in
consultation with the street superintendent, so as not to obstruct
ditch maintenance.
2. The note regarding the Environmentally Sensitive Area must be
rewritten approximately as follows: Any development on these lots
is subject to review for conformance with Ordinance No. 71 (Series
of 1990).
3. The applicant shall consult with Holy Cross Electric Association
(Bob Ballenger, 945-5491) and shall provide lot line and
transformer utility easements as needed. In addition, the plat
shall provide one 4'x4' (four foot by four foot) utility pedestal
easement.
4. There is an existing, encroaching fence on proposed Lot 2. The
applicant must obtain an encroachment license prior to final
approval of the plat. (Please advise the applicant of the new
encroachment procedures per Ordinance No. 11, Series of 1992, which
provide for a generally more streamlined process. That is,
encroachment licenses are no longer reviewed by council.)
5. Final plat contents shall comply with Section 24-7-1004-D.2 of
the municipal code. There must be language on the plat that states
that all easements indicated on title policy No. , dated
(within past twelve months) have been shown on the plat. The plat
must show Hallam Addition lot and block lines and designations.
The plat shall contain a note that states that a permit is required
from the city Public Works Agency for any work performed in the
public right-of-way.
6. Given the continuous problems of unapproved work and development
in public rights-of-way, we would advise the applicant as follows:
The applicant shall consult City Engineering for design
considerations of development within public rights-of-
way and shall obtain permits for any work or development
within public rights-of-way from city Streets Department.
7. The applicant shall agree to join any future
tricts which may be formed for the purpose
improvements in the public right-of-way.
Parks: The existing ditch is a city ditch serving street drainage
and runoff purposes. The Streets and Parks Departments, both of
whom maintain the ditch, have confirmed that the ditch is need of
repair. Although a provision of the Erdman Lot Split (the property
north of the Hume parcel) was repair of the ditch, if any
improvement dis-
of constructing
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improvements to the ditch are done by the Hume's or prospective
buyer of Hume Lot 2 repairs should occur on the north side of the
ditch line only in order to protect existing trees.
For ditch maintenance purposes both Departments request a minimum
6 foot easement and will not accept culverts. The ditch shall
remain an open ditch for maintenance, access and tree irrigation
purposes. Notes shall be included on the final plat regarding
ditch maintenance and easements.
PROJECT DISCUSSION: Pursuant to section 7-1003 A.2. of the Aspen
Land Use Code the following review criteria shall be considered
for all lot splits:
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 subdi vid.edafter tpe adoption of subdivision
regulations by the city of Aspen on March 14, 1969.
RESPONSE: The property is not located in a subdivision that was
approved by either the Pitkin County Board of county
commissioners or the city council. The property has not been
subdivided since the adoption of subdivision regulations.
B. No more than two (2) lots are created by the lot split and both
lots conform to the requirements of the underlying zone district.
The applicant commits that any lot for which development is
proposed will contain an Accessory Dwelling Unit. When there is
demolition on the property, which makes it subject to the provision
of Art. 5, Div. 7, Replacement Housing Program, the standards of
that program shall supersede these requirements.
RESPONSE: No more than two lots are being created and both
conform to the underlying zone district requirements. The
newly created lots will be 26,600 s.f. and 16,850 s.f. These
lots comply with the 6,000 s.f. minimum lots for the R-6 Zone
District for single family residences. The applicant
understands that any lot for which development is proposed
must contain an Accessory Dwelling unit as required by Land
Use Regulations.
C. The lot under consideration, or any part thereof, was not
previously the subject of an exemption under the provisions of this
article or a "lot split" exemption pursuant to Sec. 8-104 (C) (1)
(a) .
RESPONSE: The lot has not previously received a lot split
exemption nor any other subdivision exemption.
D. A subdivision plat is submitted and recorded after approval,
indicating that no further subdivision may be granted for these
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lots nor will additional units be built
applicable approvals pursuant to this Article
allocation pursuant to Art. 8.
without receipt of
and growth management
RESPONSE: The applicant has offered a draft plat to be
reviewed by the Engineering and Planning Departments. The
plat includes a note that a subdivision plat will be recorded
after approval indicating that no further subdivision may be
granted for these lots, and that any further units will be
developed under the provisions of Article 7 and Growth
Management allocations of Article 8. The plat shall also
contain language referring to any new development shall be
subject to compliance with the Hallam Lake ESA Ordinance 71,
Series of 1991.
RECOMMENDATION: Planning staff recommends approval of the Hume
lot split request with the following conditions:
1. A plat shall be filed with the Pitkin county Clerk and
Recorder within 180 days of final approval. The plat shall be
reviewed and approved by the Engineering and Planning Departments
and shall include the following:
a. Final plat contents shall comply with section 24-7-1004-
D.2 of the Municipal Code. There must be language on the plat
that states that all easements indicated on title policy No.
, dated (within past twelve months) have been shown
on the plat. The plat must show Hallam Addition lot aTld block
lines and designations. The plat shall contain a note that
states that a permit is required from the city Public Works
Agency for any work performed in the public right-of-way.
b. The final plat shall include a note indicating that prior
to issuance of a building permit for development on lot 2, the
applicant shall submit a drainage plan to the Engineering
Department.
c. All fences shall be indicated on the plat in order to
determine on whose property the fence is located.
d. The final plat shall includes a note referencing the
Environmentally sensitive Area and shall read as follows: Any
development on these lots is subject to review for conformance
with Ordinance No. 71 (Series of 1990).
e. The plat shall provide one 4'x 4' (four foot by four foot)
utility pedestal easement and lot line and transformer utility
easement as needed.
2. Prior to final plat approval, an encroachment license shall
be obtained for the fence on proposed lot 2.
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3. A Subdivision Exemption Agreement listing the conditions of
approval shall be recorded with the final plat.
4. An Accessory DWelling Unit must be included on the lot for
which development is proposed as a requirement of this Lot Split.
The Accessory Dwelling unit must comply with the Housing
Authority's requirements and must receive conditional Use approval
by the Aspen planning and zoning Commission.
5. Prior to issuance of any building permits, Deed Restrictions
for the Accessory Dwelling Unit shall be approved by the Housing
Authority and recorded by the Pitkin County Clerk and Recorder's
Office.
6. The applicant shall consult city Engineering for design
considerations of development within public rights-of-way and shall
obtain permits for any work or development within public rights-
of-way from city Streets Department.
7. The applicant shall agree to join any future
tricts which may be formed for the purpose
improvements in the public right-of-way.
8. The applicant shall upgrade the width of the ditch easement
to 6' (six feet) and should consider relocating the fence in
consultation with the Street superintendent and Parks Department
so as not to obstruct ditch maintenance. Notes shall be included
on the final plat regarding ditch maintenance and easements.
improvement dis-
of constructing
PROPOSED MOTION: I move to read Ordinance /:;-, Series of 1992 for
the Hume Lot Split. I move to approve Ordinance (s-, Series of 1992
on first reading. --
CITY MANAGER'S COMMENTS:
ATTACHMENTS: "A" - proposed Plat
"B" - Ordinance !2'
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MEMORANDUM
FROM:
City Engineer
Parks Department
Leslie Lamont, Planning Office
TO:
RE:
Hume Lot Split
DATE:
January 28, 1992
-----------------------------------------------------------------
-----------------------------------------------------------------
Please review and comment on the attached application from Anthony
Hume requesting a division of a lot for the purposes of developing
one detached single-family dwelling on a lot which ha not been
previously split. I would appreciate any comments you may have be
back to me by February 12, 1992..
Parks Department, please address the issue of the ditch easement.
Thank you.
----
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MEMORANDUM
To: Leslie Lamont, Planning Office
From: Chuck Roth, City Engineer G.iC
Date: February 12, 1992
Re: Hume Lot Split
Having reviewed the above referenced application, and having made a site inspection,
the engineering department has the following comments:
1. There is a ditch easement indicated along the northerly property line. The width is
indicated as 4' (four feet). There is a split rail fence alongside the ditch. The fence is
not indicated on the plat. It must be indicated on the plat in order to determine on
whose property the fence is located. The fence is an obstacle to maintaining the ditch,
It was reported that the horse paddock, the corral, floods historically if the ditches are
not well maintained, We recommend a condition of approval that requires the applicant
to upgrade the width of the ditch easement to 8' (eight feet) and to relocate the fence (if
it is on her/his property), in consultation with the street superintendent, so as not to
obstruct ditch maintenance,
2, The note regarding the Environmentally Sensitive Area must be rewritten
approximately as follows: Any development on these lots is subject to review for
conformance with Ordinance No. 71 (Series of 1990).
3. The applicant shall consult with Holy Cross Electric Association (Bob Ballenger, 945-
5491) and shall provide lot line and transformer utility easements as needed, In addition,
the plat shall provide one 4'x4' (four foot by four foot) utility pedestal easement.
4, There is an existing, encroaching fence on proposed Lot 2. The applicant must obtain
an encroachment license prior to final approval of the plat. (Please advise the applicant
of the new encroachment procedures per Ordinance No. 11, Series of 1992, which
provide for a generally more streamlined process, That is, encroachment licenses are
no longer reviewed by Council.)
5, Final plat contents shall comply with Section 24-7-l004-D.2 of the municipal code,
There must be language on the plat that states that all easements indicated on title policy
No. _, dated (within past twelve months) have been shown on the plat. The
plat must show Hallams Addition lot and block lines and designations. The plat shall
contain a note that states that a permit is required from the City Public Works Agency
for any work performed in the public right-of-way,
6. Given the continuous problems of unapproved work and development in public rights-
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of-way, we would advise the applicant as follows:
The applicant shall consult city engineering (920-5080) for design
considerations of development within public rights-of-way and shall obtain
permits for any work or development within public rights-of-way from city
streets department (920-5130).
7. The applicant shall agree to join any future improvement districts which may be
formed for the purpose of constructing improvements in the public right-of-way.
cc: Bob Gish, Public Works Director
cr/M91.69
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PUBLIC NOTICE
RE: HUME LOT SPLIT
NOTftCE IS HEREBY GiVEN that a public hearing will be held on
Monday, March 23, 1992 at a meeting to begin at 5:00 pm before the
Aspen City council, city council Chambers, 130 South Galena street,
Aspen, Colorado to consider an application submitted by Anthony
Hume, Regency Plaza, suite 1475, 3710 Rawlins, L.B. 40, Dallas, TX
75219 requesting approval of a Lot Split. The property is located
at 330 Lake Avenue and is described as Lots 5, 6, 7, 8 and 9, Block
103, Hallam Subdivision. For further information, contact Leslie
Lamont. at the Aspen/pitkin Planning Office, 130 S. Galena st.,
Aspen, CO 920-5090.
s/John Bennett. Mavor
Aspen city council
Published in The Aspen Times on
=======================---=========================--============
city of Aspen Account.
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LAW OFFICES
.
GIDEON l. KAUFMAN
GIDEON I. KAUFMAN
A PROFESSIONAL CORPORATION
BOX t0001
315 EAST HYMAN AVENUE, SUITE 305
ASPEN, COLORADO 81611
TELEPHONE
AREA CODE 303
925-8166
TELEFAX 925-1090
January 17, 1992
HAND-DELIVERED
Ms. Leslie Lamont
Aspen/Pitkin county Planning Office
130 South Galena Street
Aspen, Colorado 81611
JAN 2 2 199,
..LCc,j.\?- '
c..a::J?:>'? - ld \ - 01- oo:l.
Re: Hume Lot Split
Dear Leslie:
Pursuant to our numerous conversations and your
pre-application conference with Anthony Hume, please consider
this letter an application for a lot split pursuant to
97-1003.2 of the Aspen Municipal Code. We are requesting the
division of a lot for the purposes of developing one (1)
detached single-family dwelling on a lot which has not been
previously split.
The land has existed in its present configuration since
the Humes acquired the property in the early 1950s. No more
than two (2) lots will be created by the lot split, both lots
will conform to the requirements of the underlying zone
district, and any new house built on Lot 1 will comply with
accessory dwelling unit requirements. No portion of the
property under consideration has been the subject of an
exemption under the provisions of this article, or a lot split
exemption pursuant to 98-104(C) (1) (a). Enclosed please find
the proposed subdivision plat which will be recorded after
final approvals are obtained, and which contains language
saying that no further subdivision may be granted for these
lots, and that no additional units be built without receipt of
applicable approvals and Growth Management allocation pursuant
to Section 8 of the Aspen Municipal Code.
I believe that this lot split meets the requirements of
subdivision in that the division will assist in the orderly and
efficient development of the city, will insure the proper
distribution of development, and encourages well-planned
subdivision of land by establishing standards for the design of
subdivisions. It also improves land records, coordinates the
construction of public facilities, safeguards the interest of
the public, and promotes the health, safety and general welfare
of the residents of the city of Aspen.
Since a portion of the property falls within the
environmentally sensitive area ("ESA") overlay for Hallam Lake,
the following information is important. No new development is
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Ms. Leslie Lamont
January 17, 1992
Page 2
being proposed with this lot split; therefore, the Plat clearly
shows the l5-foot buffer from Hallam Lake, and also shows the
area from the top of the slope that would require an ESA. We
believe that when someone wishes to develop the property, they
will go through Hallam Lake review. We believe that the
enclosed Plat contains full disclosure so that consumer
protection and protection for the city are achievea by the
notice that ESA review standards are required for future
development.
Enclosed please find a check in the amount of $2,121.00, a
copy of the title commitment showing ownership, ana a letter
authorizing me to proceed with this application. Because the
client faces a very large estate tax, I wOuld appreciate the
placement of this item on the next available agenda. I believe
that this application requires only a one-step process to the
city Council because this is a lot split without any ESA
impacts. Obviously, when someone wishes to develop, an ESA
review would be appropriate, but, at this time, all we are
doing is subdividing the property and putting proper notices on
the Plat to notify people that an ESA might be required.
Therefore, I do not see why this needs to go to the P&Z at all.
Once you have had an opportunity to review the enclosed,
please contact me about its planning for the next available
schedule. As always, thank you for your help and
consideration.
Very truly yours,
LAW OFFICES OF GIDEON I. KAUFMAN, P.C.,
a Prof ssional Corporation
By
n Kaufman
GK/bw
Enclosures
DEC 30 '91 16:56 PITKIN C~Y TITLE AAAAAAAAAAAA
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Pl'l'KIN <XXlN'l'Y TITLE. INC.
601 I!:l\ST HOPKINS, 3Im FLOOR
AS1'l'1l, CXlLORADO Sl~ll
303-925~1766 I 303-925-6527 FAX
Christina Davis
Vice President
lincent J. Higen.s
"resident
DATE: DECEMBER 30, 1991
TO: WHEE:LER S(.J.lARE LAW OFFICES
A'.rl'ENTION: GIDEON
FRQ-!: VINCE HIGENS
RE: HtlME
SHmI' 1 OF 6
Including Cover Sheet
WE .ARE TRllNfMITTING ON A Rlo:lH FAX lOOOL
SHOULD YOU NCII' RECEIVE ALL THE COPIES LISTED Al3QVE, PLEASE CALL US AT THE
NtJMBER. LlS'l'ED ABOVE.
MESSAGE
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DEC 30 '91 16:56 PITKIN COUNTY TITLE AAAAAAAAAAAA
Commonwealth", f';
Lal}d Title Insurance Company
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COMMITME~T FO~ TITLE INSURANCE
SCHEDULE A
1. EHe..c..:Uve.. da..te..: 12/20/91 @ 8:00 .A.M.
C~e.. ~o. PCT-6084
2. poUCy OJ!, poUc...Lc..o .t.o be.. ,{A-6u..e.d.:.
(~)ALTA Ow~~'-6 PoUcy-Fo~ 2-1970
I Re..v. 10~17-70 & 10-17-84) OJ!, 10/21/87
PROPOSED I~SURED: PROFORMA
Amo~ $ PROFORMA
PJt.e..mLum $ PROFORMA
(b)ALTA Lo~ poUcy.
(REV. 10-21-871
PROPOSED INSURED:
AmoUJl..t $
P -'Le..m.Lu.m $
(c)A~ Lo~ COn-6~c..:Uo~ PoUcy, 1975
(Re..v. 10-17-84)
PROPOSED INSURED:
Amo~ $
P4e.m-W.n1 $
Ta-x. cV!,.t.. $
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JAMES P. HUME. AS TRUSTEE UNDER THE PROVISIONS OF A DECLARATION OF
TRUST DATED THE 24TH DAY OF MARCH. 19S7.
4. Th.e...e.a.n.d J!,~e..>vLe..d .to .(..n. :th.-l,..Q commA.:tme..n..:t. .u, de..6CJt..i..be.d. ~ ,soUow..o:
REFER TO DESCRIPTION ATTACHED HERETO AND MADE A PART HE~EOF.
Coun.t~Lg~e..d a..t: PITKIN COUNTY TITLE. INC.
601 E. HOPKINS
ASPEN. CO. S1611
303-925-1766
F~x. 303-925-6521
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DEC 30 '91 15:55 PITKIN COUNTY TITLE AAAAAAAAAAAA
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EXHIBIT "A"
LEGAL DESCRIPTION
LOTS NUMBEREV FIVE (5), SIX (6), SEVEN (7), E!GHT (8), AND NINE (9) IN
BLOCK NUMBERED ONE HUNVRED THREE (103) IN HALLAM'S ADDITION TO THE CITY
AND TOWNSITE O~ ASPEN.
AND
A TRACT OF LAND SITUATED IN LOTS 5 AND 6, SECTION 12, TOWNSHIP 10
SOUTH, RANGE &5 WEST OF THE SIXTH PRINCIPAL MERIDIAN, AND MORE FULLY
DESCR!BED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 5, BLOCK .103 O~ THE HALLAM'S
ADDITION (NOT RECORDED) TO THE TOWN OF ASPEN, WHENCE THE EAST QUARTER
CORNER OF SAID SECTION 12 BEARS S 71019' E 6&2.66 FEET; THENCE S 30050'
W 116,43 FEET; THENCE S 000&' WEST 132.92 FEET; THENCE N 77055' E 40.0
FEET; THENCE N 5009' E 124.93 FEET; THENCE N 30'50' E 116.43 ~EET;
THENCE N &9052' W 50.0 FEET TO THE POINT OF BEGINNING.
COUNTY OF PITKIN, STATE OF COLORADO.
DEC 30 '91 16:57 PITKIN C~Y TITLE AAAAAAAAAAAA
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SCHEDULE a-SECTION 1
REQUIREMENTS
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THIS COMMITMENT IS FURNISHED TO SUPPLY TITLE INFORMATION ONLY, !T IS
NOT A CONTRACT TO ISSUE ANY POLICIES OF TITLE INSURANCE AND THE COMPANY
IS NOT OBLIGATED TO ISSUE ANY POLICY OF TITLE INSURANCE HEREUNDER.
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CommUme.n..:t No, PCT-6084
DEC 30 '91 15:58 PITKIN COUNTY TITLE AAARAAAAAAAA
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f')
P.5/5
.
Commitment For Tide Insurance
Commonwealth Land Title Insurance ContpanY1 Ii Pennsylvania corporation, herein called the company, for a. valuable con.
sideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed
Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the lOAd described or referred
to in Schedule A, upon payment of the premiums and charges the!efor; all subject to the provisions of Schedules A and B and
to the Conditions and StipulationS hereof.
Tnis Commitment shall be effective only when the identity of the proposed Insured and the amount of the pOlicy Or policies
commilled for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment
or by subsequent endorsement.
This Commitment is preliminary to the issuance of such polli:y or policies of title insurance and all liability and obligations
hereunder shall cease and terminate J 20 day. atter the ettective date no,eof or when the poUcy 0' policies committed for shall
be issued, whichever first occurs, provided that the failure tO,issue such policy or policies is not the fault of the company,
IN WITNESS WHEREOF, the said Company has oaused its Corporate Name and Seal to be hereunto affIXed; this instrument,
including Commitment, Conditions and Stipulations attached, to beoome valid when countersigned by an Authorized Officer or
Agent of the Company.
.,..'1, ,!Til /1-
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COMMONWEALTH LAND TITLE INSURANCE COMPANY
Am'J~ jJdJ;rf..t ~ ~ ~ ~.
Conditions and Stipulations
1. The term mortgage3 when used herein, shall include deed of,trust. trust deed~ or other security instrument.
2, If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adve,se claim or other matter
affecting the estate or interest Or mortgage thereon covered by rhis Commitment othe, than those shown in Schedule 11
hereof, and shall fall to disClose such knowled~e to the Company in writin~, the Company sha\I be relieved tram liability for
any loss or damage resuItin~ trom any act of reliance hereon to the extent the Company ill prejudiced by failure to so disclose
such knowledge. If the proposed Insured shatl disclose such know!edge to the Company, or if the Company otherwise
acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option
may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to par3/ltaph 3 of these Conditions and Stipulations,
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included
under the definition of lnsured in the form of policy Or policies committed for and only for actual loss incurred in reliance
hereon in undertaking in good faith (II) to comply with the requirements hereof, or (b) to eliminatlt excl::ptions shown in
Schedule B) or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event
shall suoh liability exceed the amount stated in Schedule A for the pOlicy or pOlicies committed fOI and such liability is
subject to the insurin~ provisions, the Condition. and Stip~letions, and the Exclusions f,om Covera~e of the fonn of policy
0' pOlicies committed for in fevor of the proposed Ins~Ted which are hereby incOlporated by refelence and are made a pert
of this Commitm~nt t::xcept as exp~ssJy modified hCNin.
4. Any action or actions or rights of aotion that the proposed Insured may have 0' may bring against the Company arising out
of the statu. of the title to the estate or interest or the status of the mortgaS" thereon covered by this Commitment must
be based on and are subject to the provisions of this Commitment.
PA3
Amori..." Land Titlo Asoo<>iatio" Commitmont. ,-
C<Ne, Page
Form 1004-8
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,...."
" ,
'""
fEAMBANK
Team Bank
500 Throckmorton
Post Office Box 2050
Fort Worth, Texas 76113
(817) 884-4000
September l7, 1991
Gideon I. Kaufman
Law Offices
Box lOOOl
Aspen, CO 8l6ll
Re: Estate of James P. Hume
Dear Mr. Kaufman:
Mr. Anthony
26, 1991 letter
of the Hume Aspen
Hume has
outlining
property.
furnished a copy
your services for
of your August
the lot split
Please use this letter as your authorization from Team
Bank as Co-Trustee to proceed with the lot split. You may
direct all questions to Anthony regarding the lot split.
We 'look forward to your association with Anthony and
Team Bank.
Sincerely yours,
"'"1<. j ----G!ttr/r--.....
. I~ S. t::;!W
Bob S. Little
Vice President
and Trust Officer
jjpm
ceo' Mr. Anthony Hume
Ms. Bonnie L. Rainey
I""',
A
Law Offices
ANTHONY HUME
REGENCY PLAZA, SUITE 1475
3710 RAWLINS, L.B. 40
DALLAS, TEXAS 75219
~*I<:J?it16l~WXk
FAX: 214/520-6432
TEL: 2l4/522-7979
January 8, 1992
Gideon L. Kaufman
315 East Hyman Avenue, suite 305
. Aspen, Colorado 81612
Re: Proposed Lot Split on Parcel Located At
330 Lake Avenue, Aspen, pitkin County, .Colorado
MY file No. 724.10
Dear Mr. Kaufman:
I am writing you this letter as co-trustee of the Trust of
James P. Hume, which owns a parcel of land located at 330 Lake
Avenue, in the City of Aspen, pitkin County, cor~rado. I, as co-
trustee, hereby authorize you to represent. the Trust of James P.
.t.... ~ -....
Hume in all matters related to a propos~d lot.. spli t of such
property in proceedings before the Aspen or pitkin County planning
authorities.
AH:emc
~
n
..
ASPEN/PITKIN PLANNING OFFICE
130 s. Galena street
Aspen, Colorado 81611
(303) 920-5090 FAX# (303) 920-5197
January 28, 1992
Mr. Anthony Hume
Regency Plaza, suite 1475
3710 Rawlins,L.B. 40
Dallas, TX 75219
Re: Hume Lot Split
Case A6-92
Dear Mr. Hume,
The Planning Office has completed its preliminary review of the
captioned application. We have determined that this application
is complete.
We have scheduled this application for 1st Reading before the Aspen
city council on Monday, February 24, 1992 at a meeting to begin at
5:00 p.m. Second Reading and Public Hearing will be on March 23,
1992. Should these dates be inconvenient for you please contact
me within 3 working days of the date of this letter. After that
the agenda dates will be considered final and changes to the
schedule or tabling of the applica~ion will only be allowed for
unavoidable technical problems. The Friday before the meeting
dates, we will call to inform you that a copy of the memo
pertaining to the application is available at the Planning Office.
Please note that it is your responsibility to mail notice to
. property owners within 300' and to post the subject property with
a sign prior to the public hearing on March 23, 1992. Please
submit a photograph of the posted sign as proof of posting and an
affidavit as proof of mailing prior to the public hearing.
If you have any questions, please call Leslie Lamont, the planner
assigned to your case.
SieaelY, ~~
cindy Chris nsen
Administra ve Assistant
form:complete.cc.ph
~ ~~~ -M-u IN\1Z-
April 5, 1994
-p\e&St:? V'~"~ ASAP
'VH
L-L-
::JW
Dear Mr. Hume,
Several months ago, we spoke by telephone about the property which
you own on Lake Avenue. At that time, I examined the city's map
of Aspen's historic sites and structures and informed you that only
the house at 330 Lake Avenue was designated as historic.
After a recent conversation with Gideon Kaufman, I pulled the file
on that historic resource and found a discrepancy between what the
map and the files identify as historically designated. The legal
description for the property which has a historic overlay is Lots
5,6,7,8 and 9 (now kno~ as Lots 1 and 2), Block 103,. Hallam's
Addition to the city of Aspen. I have attached the Inventory form
for 330 Lake Avenue for your reference. This property has had an
historic overlay since 1980.
Ordinance # .t.=?, series of 1992, which created the "Hume Lot Split,"
did not include .any specific discussion of the historic overlay on
the property and therefore did not remove this designation. I
understand that the location of the new lot line was arranged such
that the historic resources (the house and barn) remained on Lot
1 and that new development could take place on Lot 2. This
development may take place, but because of the historic
designation, the Aspen Historic Preservation committee has design
review authority over both lots. As concerns Lot 2, the committee
would be interested in a new structure's compatibility with
surrounding historic resources and with the character of the
neighborhood in general.
I truly apologize for having given you incorrect information. ~
i~ ir:texs'ls:',]S' E' +-r~t ..Ql1r rorl"'\Y"r1c. T.ro""~ ""o't ....."'psJ.::;.:rf=l:Q:t. Please call
me at 303-920-5096 at your earliest convenience, and I will be
happy to review the implications of historic designation with you.
sincerely,
Amy Amidon
Historic Preservation Officer
cc: Gideon Kaufman
John Worcester, City Attorney
Diane Moore, city Planning Director