HomeMy WebLinkAboutcoa.lu.ec.Baar Lot Split 2735-122-02-001
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 1-/5- 8b CASE N~.'!.~2'lrFt!:~:"
DATE RECE IVED COMPLETE: STAFF: Sf>
PROJECT NAME: IbA'/rfL \ Y(Ji3DWIS/ol @GmdJ~!LExc~c",_ IS~V(>,L4-{C:o~
APPLICANT: ruInS '-~fA1rfio t3~:j; ;;~ ;;
Applicant Address/Phone: .y 1 .;.. I ('j) X/(p/_
REPRESENTATIVE: /l-ri { C!1[Qi<( _
Representative A~d;ess/Phone:
Type of Application:
1. GMP/SUBDIVISION/PUD (4 step)
Concepttlal SubrriiSsidir
Preliminary Plat
Fi nal PI at
($2,730.00)
($1,640.00)
($ 820.00)
II. SUBDIVISION/PUD (4 step)
. //
1 III.
Conceptual Submission
Preliminary Plat
Final Plat
EXC<;P'F ION/ EXEMP'F ION! REZ ON ING
L,-\ <;~, T .
SPECIAL REi! IEW (1 step)
(2 step)
($1,900.00)
($1,220.00)
($ 820.00)
($1,490.00)
($ 6 80 . 00 )
IV.
Special Review
Use Determination
Conditional Use
Other: .
========~===~~~~~~~======~=~~~~~==~==~==~=====================~~=Co.,~
P&Z CC MEETING DATE: ~ "2-0 PUBLIC HEARING: ~ NO
DATE REFERRED: IN IT IALS:
=================================================================~===
RElRALS:
~Ci ty Atty
Ci ty Engi neer
Housing Dir.
Aspen ~Iater
City E;lectric
Env ir. HI th.
Aspen Consolo S.D.
Mtn. Bell
Parks Dept.
Holy Cross Electric
Fire Marshall
Fire Chief
School District
Rocky Mtn. Nat. Gas
_ StateHwy Dept (Glenwd)
_ StateHwy Dept (Gr.Jtn)
_ Bldg: Zoning/Inspectn
_ Other:
============~~=================================f======~=========~~====
FINAL ROUTING: DATE ROUTED: o;k'i ?I.: INITIAL: l)~./'
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X Buil ding Dept Y
71
Oth er: \ rtA c-;:.~
-1D v4u~---r
.x
Ci ty Atty
)( City Engineer
Oth e r :
FILE STATUS AND LOCATION:
CAS E DISPOS IT ION :
Revi.e\vcd by:
rAS~l P&ZJ
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L A subdivision plat shall be filed conforming to the require-
ments of Section 20-15 and incorporating all comments in
the Engineering Department memorandum dated July 29, 1985;
2. A Statement of Subdivision Exception shall be filed as
approved by the city Attorney;
3. The applicant shall agree to Jo~n any special improvement
districts formed in the future and shall state such
commitment in the Statement of Subdivision Exception;
B.
4. No trees shall be removed without complying with Section 13-
76 of the Municipal Code; and
5. The plat shall include the statement that no further
subdivision of this property shall be allowed without
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The Planning Office recommends to the Planning Commission that
they recommend approval of the requested public right-of-way
vacation.
F..Gvie\'lo(~ By:
;~spen P&Z
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MEMORANDUM
A (; E-/V 0 -A,
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TO:
FROM:
Aspen City Council ~
Hal Schilling, City Mana-er'
Steve Burstein, Planning lce
AQ.
THRU:
RE:
Baar Lot Split (Pine Hollow Subdivision) and Right-of-
Way Vacation Second Reading - Public Hearing
February 5, 1986
DATE:
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SUMMARY: The Planning Office and Planning Commission recommend
approval of the requested lot split and of second reading of the
proposed Ordinance vacating Meadows Road right-of-way, provided
that the applicants provide a fair market value compensation to
the City for the vacated property as an inducement for City
approval. The six conditions of approval listed below should be
attached to the requested subdivision exception.
LO~ION: 725 Meadows Road, Lot 1 of Baar SUbdivision.
APPLICANT'S REQUEST: Curtis K. and Trudy W. Baar, owners of Lot
1, Baar Subdivision, request vacation of 12 feet of the 30 foot
wide right-of-way along ~Ieadows Road. A subdivision exception
and GMP exemption for the purpose of a lot split of the 36,207
square foot lot is also being requested. Council is being asked
to approve both the lot split request and second reading of the
right-of-way vacation Ordinance.
CURRENI' ZONIliG: R-15.
srrE DESCRIPTION: The site consists of a flat area on the mesa
and steep, heavily wooded hillside approaching Castle Creek.. A
row of cottonwoods are situated along Meadows Road, blocking most
views of the Baar residence. Shrubs are located along the
northern property line between the present driveway and the 705
Meadows Road house and garage. The Baar house is at the rear of
the flat area near the edge of the hill.
SURROUNDIliG LAND USES: To the north and south of the residence
of Curtis K. Baar are single-family residences in the Snobble
Subdiv ision and Lot 2 of the Baar Subdiv ision respectively. To
the west are the bottomlands of Castle Creek and single-family
residences along Sneaky Lane. Across Meadows Road to the east is
the presently undeveloped Meadows Property.
APPLICABLE SECTIONS OF THE MUNICIPAL CODE: Section 24-l1.2(d)
establishes that a lot split of this type is exempt from complying
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with the Growth Management allotment procedures. The lot split
may be approved as an exception to the full subdivision regulation
pursuant to Section 20-J;9(a). Section 24-2.5 states that the
zoning of areas vacated by action of City Council shall auto-
matically be the same as land to which the vacated area attached.
Also stated in this section is that the vacated land cannot be
used in determining the allowable FAR or open space of the
development tract.
PREVIOUS COUNCIL ACTION: The original Baar Subdivision was
approved by City Council on May 25, 1966. At that time, Mr. Baar
dedicated the 30 foot strip in front of Lots 1 and 2, Baar
Subdivision to the City for right-of-way along Meadows Road.
On November 19, 1985, the Planning Commission recommended approval
of the lot split and the requested vacation. According to the
Municipal Code, street vacations are accomplished by Ordinance of
City Council, however, because planning considerations are
involved, a recommendation from the Planning Commission was
solicited. On January 13, 1986, City Council unanimously approved
first reading of the right-of-way vacation.
PROBLEM DISCUSSION:
Engineering Department Comments: The Engineering Department
recommended, in memoranda dated December 9, 1985, and January 6,
1986 (attached), that the requested vacation be granted with the
provision that an easement be given to the City on that vacated
parcel. It was reasoned in these two memoranda that: (1)
Through the requested vacation of this property a'total of 60 feet
of Meadows Road right-of-way can probably still be maintained.
There is a dispute over property lines across the street from the
Baars' property, and a quiet title claim was recently filed.
However, regardless of the outcome, it is reasonable that at the
time of a development proposal for the east side of Meadows Road,
the necessary right-of-way width will be dedicated. Furthermore,
by reserving a perpetual road and utilities easement on the
vacated strip, the City has the ability to use the property for
road expansion and utility lines, if necessary (2) It is not
likely that Meadows Road will be widened towards the Baar property
because of a row of cottonwoods on Baar's side of the street,
lack of obstacles to the east, and no right-of-way dedication
north of the Baar Subdivision.
In a memorandum from the Engineering Department dated July 29,
1985 it was noted that the title of the plat shall reflect that it
is an amendment to the Baar Subdivision.
Planning Office Comments: The applicants desire the vacation of
approximately 1820 square feet in the Meadows Road right-of-way
so that they can use that property to configure a second lot
through a lot split. The vacation also gives the applicant the
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ability to create a building site in the most desireable location,
which would be impossible if the front yard setback extended
from the existing property line.
It is important to note that with or without the right-of-way
vacation, two lots conforming to the R-15 lot size requirements
could be configured from the existing Lot 1, Baar Subdivision
(approximately 35,823 sq. ft., as calculated by reducing the
present 30 foot right-of-way). with the requested vacation, Lot
2 of the proposed lot split would contain approximately 15,716
square feet, and Lot 1 would be approximately 21,927. The
easement land cannot be used for FAR calculations, but it can be
used to constitute the lot area and setbacks.
.c-'----'''~
During and since Council's review of the Meadows Road vacation
request on January 13, a number of issues have been raised by
Council members and members of the public. Council asked what City
benefits acrue from this proposed action~ and whether this right-
of-way vacation might start a series of similar vacation requests.
We suggest that some form of compensation for the public property
vacated would be adequate public benefit in this case. In
addition, this requested right-of-way vacation appears to be
a unique case in which the City does not need to own the subject
public property, particularly if easements are in place, and also
due to the fact that this owner previously granted this right-of-
way to the City and is now asking for a portion to be given
back. It is doubtful that there are many other similar types of
potential street vacations.
It has also been asked whether other properties along Meadows
Road/Eighth Street might also be eligible for lot splits. It
appears that the Durbin's and Adam's properties on Meadows Road
each have sufficient lot area to be considered for a lot split.
However, the code amendment regarding the lot split GMP exemption
under consideration for first reading tonight would exclude both
properties from consideration for the GMP exemption. It seems
appropriate that such lot splits would have to undergo a more
thorough review in the GMP process as there would likely be
significant impacts involved in either such lot split.
Several neighbors have questioned whether their views will be
affected by the potent ial development on Lot 2. It appears that
the southerly view from the Kelly's house on Lot 1, Snobble
Subdivision w ill be somewhat reduced if a large house is built.
However, appropriate design and landscaping can minimize visual
impacts. No other neighbor's view will be effected.
The question was raised whether a width of over 30 feet from the
center line will be asked for on the east side of Meadows Road upon
subdivision of the Meadows Property due to this requested right-
of -way vacation. It appears that given the easements to be
retained on Baar's property there would be no effect of shifting
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the present extent of right-of-way width to the other side of the
st reet.
Finally, the conditions of approval for the subdivision exception
recommended by the Planning Commission listed below should help
ensure that there are no undue impacts from the requested actions.
ADVISORY COMMITTEE VOTE: The Planning Commission unanimously
recommended approval of the requested lot split and right-of-way
vacation at its regular meeting of November 19, 1985.
RECOMMENDED MOTIONS:
"Move to adopt Ordinance _ (series of 1986) as amended to
include fair market value compentation to the City for the
vacated land".
"Move to approve the requested subdivision exception and GMP
exemption for the purpose of a lot split subject to the
following conditions:
1. A subdivision plat shall be filed conforming to the
requirements of Section 20-15 and incorporating all
comments in the Engineering Department memorandum dated
JUly 29, 1985;
2. A statement of Subdivision Exception shall be filed as
approved by the City Attorney;
3. The appl icant shall agree to join any special improvement
districts formed in the future and shall state such
commitment in the Statement of Subdivision Exception;
4. No trees shall be removed without complying with
Section 13-76 of the Municipal Code; and
5. The plat shall include the statement that no further
subdivision of this property shall be allowed without
approval through the full subdivision process and
competition in the growth management process.
6. Development on Lot 2 of the Pine Hollow Subdivision
shall be restricted to a single family house. The
exi st i ng house on Lot 1 shall not be expanded into a
duplex.
SB.05
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APPLICATION FOR LOT SPLIT APPROVAL
PURSUANT TO SECTION 20-19 OF THE
MUNICIPAL CODE OF THE
CITY OF ASPEN
ALLOWING FOR CERTAIN EXCEPTIONS FROM THE STRICT
APPLICATION OF THE PROVISIONS OF CHAPTER 20
OF THE ASPEN MUNICIPAL CODE; REQUEST
FOR GRANT OF EXEMPTION FROM
GROWTH MANAGEMENT QUOTA SYSTEM ALLOCATION PROCEDURES;
AND REQUEST FOR PARTIAL STREET VACATION.
Pursuant to S20-19(c), CURTIS K. BAAR, hereby applies for exception
from the strict application of all of the standards, requirements and provisions
of Chapter'20 of the Municipal Code of the City of Aspen and seeks final sub-
division approval for the division of the property described on the lot split
plat filed herewith into two parcels. For a lot split to comply with all the
standards and requirements of Chapter 20 would be redundant, serve no public
purpose and be unnecessary in relation to the land use P01icies of the City of
Aspen. Notwithstanding any exception which may be granted to applicant, the
proposed Subdivision will comply with the design standard of this chapter and is
appropriate for a one step City Council approval.
A. EXEMPT FROM GROWTH MANAGEMENT QUOTA SYSTEM ALLOCATION PROCEDURES.
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Pursuant to 8~11.2(d) this lot split is exempt from complying
with the Growth Management Quota System Allotment procedures because the tract
of land being subdivided has a pre-existing dwelling unit and only two lots
are created by the subdivision. In accordance with S24-11.2(d), Applicant
therefore requests that the City ~il formally grant to Applicant an exemption
from the Growth Management Quota ~ystem Allotment procedures for this lot split.
B. LOT SPLIT COMPLIES WITH ALL APPLICABLE REQUIREMENTS OF CHAPTER
20 OF THE ASPEN MUNICIPAL CODE.
1. Section 20-9 suitability of land for subdivision.
a. The subject property is not burdened by any hazards
such as flooding, bad drainage, rock or soil creep, mudflow, rockslide, avalanche
or snowslide, or any other potential natural hazard; feature or condition
likely to be harmful to the health, safety or welfare of the future residents in
the proposed subdivision or of the City.
b. The proposed lot split is located in an existing
residential area of the City of Aspen and thus conforms with growth patterns
and does not necessitate any extension of utilities or public services.
c. This subdivision conforms with all applicable zon-
ing ordinances or other ordinances of the City of Aspen and laws and regulations
of the State of Colorado.
2. Disclosure of Ownership.
Attached hereto is a true copy of Ownership and Encumbrance report
issued by Stewart Title Guaranty Company for Lot 1 Baar subdivision City of
Aspen, County of Pitkin, State of Colorado.
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3. Lot Split Plat.
Filed herewith is a lot split plat containing necessary items
and information indicating that the proposed subdivision meets the design
standards of Chapter 20 of the Municipal Code which are applicable to this pro-
posed lot split.
4. Adjacent Property Owners.
Attached hereto is a list of the names,and mailing addresses of
the owners of the properties within 300 feet prepared by Mr. Curtis Baar.
5. Zoning.
R-15.
The lot split plat indicates the property is presently zoned
C. PARTIAL STREET VACATION.
In 1966 Mr. Baar obtained full subdivision from the City of Aspen
for the creation of BAAR SUBDIVIStON. This subdivision consisted of Lot 1,
40370 SF; and Lot. 2, 22,510 S.F. A dedication of a 30 road right of way was
required by the City at that time. Mr. Baar feels this to be an extreme ..
R-O-W requirement. Since his property goes only to the edge of,Meadows Rd., the
effective R-O-W is 42' from centerline of Meadows Rd. the R-15 front yard
zoning setback is 25'. The resultant 67' building setback from road c-ent.erline
severly affects the ability of Mr. Baar to properly utilize his property. In
addition, the zoning code requires the R-O-W area to be deducted from total
lot area prior to calculating the minimum lot area per dwelling unit,
Mr. Baar is proposing an equitable colution by requesting the
city vacate only the westerly 12' of the R-O-W along Lot 1, thereby
retaining a 18' R-O-W for the city and a more normal distance of 30' from center
line. The owners of the eastern side of Meadows Rd. will no doubt submit for
development approval thus allowing appropriate additonal R-O-W dedication.
Also, a ditch on the western side and the Solar Tract Development by Don Erdman
may preclude Meadows Rd. expansion to the west.
Dated this ~~day of
J,y!</ ,1985.
I
Respectfully .~u?m~tted
By /v?~~-~
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MEMORANDUM
TO: Aspen City 'Council
THRU:
Hal Schilling, City Manager
AI<
FROM:
Steve Burstein, Planning Office
RE:
Baar Lot Split (Pine Hollow Subdivision) and Right-of-
Way Vacation Second Reading - Public Hearing
DATE:
February 5, 1986
===================================================================
SUMMARY: The Planning Office and Planning Commission recommend
approval of the requested. lot split and of second reading of the
proposed Ordinance vacatipg Mea(!o",s. ROil(!~igl1t-of...way, provided
that the applicants provIde a !fait .~~rf{E!t ya,flle 9gmpensat ion to
the City fOr; the. vacatect. F?rope.ft~>i\~~~ ',~P~~S~l1\E!l1tff9J1. ctty
approval. The six conditions of..apI?~c>vii.1, listecf lOej(6\:i should be
attached to the requested subdivis~gn exc:eF?tIon.
LOCATION: 725 Meadows Road, tot 'l of Baar SUMivis.loll.
APPLICANl"S REQUEST: Curtis K. and Trudy W. Baar, owners of Lot
1, Baar Subdivision, request vacation of 12 feet of the 30 foot
wide right-of-way along ~Ieadows Road. A subdivision exception
and GMP exemption for the purpose of a lot split of the 36,207
square foot lot is also being requested. Council is being asked
to approve both the lot split request and second reading of the
right-of-way vacation Ordinance.
CURRENT ZONIKi: R-15.
SITE DESCRIPl'ION: The site consists of a flat area on the mesa
and steep, heilv ily woode.(!> MlIsid~approachirig Castle c:r.eek. A
row of cottonwoods are situated a:(ong, Mead~l;l' !'{oil(!' bl()cking most
views of the Baar residel1ce. .phrllPSct.relgc:i\ted a];0119 the
northern property line between t:hepn~sel1td~iveway and the 705
Meadows Road house and gara~e. .'l'~e. Bililr house is at the rear of
the flat area near the edge oftne Mill.
SURROUNDIOO LAND USES: To tne nortn and south' of the residence
of Curtis K. Baar are Single-family residences in the Snobble
Subdivision and Lot 2 of the Baar Subdivision respectively. To
the west are the bottomlands of Castle Creek and Single-family
residences along Sneaky Lane. Across Meadows Road to the east is
the presently undeveloped Meadows Property.
APPLICABLE SECTIONS OF THE MUNICIPAL CODE: Section 24-11. 2 (d)
establishes that a lot split of this type is exempt from complying
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with the Growth Management allotment procedures. The lot split
may be approved as an exception to the full subdivision regulation
pursuant to Section 20-J;9(a). Section 24-2.5 states that the
zoning of areas vacated by action of City Council shall auto-
matically be the same as land to which the vacated area attached.
Also stated in this section is that the vacated land cannot be
used in determining the allowable FAR or open space of the
development tract.
PREVIOUS COUNCIL ACTION: The original Baar Subdivision was
approved by City Council on May 25, 1966. At that time, Mr. Baar
dedicated the 30 foot strip in front of Lots 1 and 2, Baar
Subdivision to the City for right-of-way along Meadows Road.
On November 19, 1985, the Planning Commission recommended approval
of the lot split and the requested vacation. According to the
Municipal Code, street vacations are accomplished by Ordinance of
City Council, however, because planning considerations are
involved, a recommendation from the Planning Commission was
solicited. On January 13, 1986, City Council unanimously approved
first reading of the rignt-of~way vacation.
PROBLEM DISCUSSION:
Engineering De~artlllent ,.' Comlllen~~: ...... 'l!li~~rginee~ ~nl1~cr.ga~tmeri~
rEicommell~ed, in memorancla datedI?e9~m~Ei!~" 19~~,aI11.:te~B-ery ~I
1986, (attached), that the requested vacattonpe grantedwlth. the
provision that an easement be given to the City on that vacated
'parcel. It was reasoned in these two memoranda that: (1)
Through the requested vacation of this property a total of 60 feet
of Meadows Road right-Of-way can probably still be maintained.
There is a dispute over property lines across the street from the
Baars' property, and a quiet title claim was recently filed.
However, regardless of the outcome, it is reasonable that at the
time of a development proposal for the east side of Meadows Road,
the necessary right-of-way width will be dedicated. Furthermore,
by reserving a perpetual road and utilities easement on the
vacated strip, the City has the ability to use the ~roperty for
road expansion and utility lines, if necessary (2) It is not.
likely that Meadows Road will be widened to,</ards the. Baer pr(jpe~ty
because ofarow of cottonwoods on. B~ar' fi ..fiielEi()f' thEi fit reet,
lack of obstacles to theea~tJ and no rfgh\:.":6f":way dedicaHon
north of the Baar Subdivision. . ,
In a memorandum from the Engiheering Depar€lTlI~h€ da€~d j'I1]~ 29\
1985 it was noted that the title of the plat shall reflect: .that it
is an amendment to the Baar Subdivision.
Planning Office Comments: The applicants desire the vacation of
approximately 1820 square feet in the Meadows Road right-Of-way
so that they can use that property to configure a second lot
through a lot split. The vacation also gives the applicant the
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ability to create a building site in the most desireable location,
which would be impossible if the front yard setback extended
from the existing property line.
It is important to note that with or without the right-of-way
vacation, two lots conforming to the R-15 lot size requirements
could be configured from the existing Lot 1, Baar Subdivision
(approximately 35,823 sq. ft., as calculated by reducing the
present 30 foot right-of-way). With the requested vacation, Lot
2 of the proposed lot split would contain approximately 15,716
square feet, and Lot 1 would be approximately 21,927. The
easement land cannot be used for FAR calculations, but it can be
used to constitute the lot area and setbacks.
During and since Council's review of the Meadows Road vacation
request on January 13, a number of issues have been raised by
Council members and members of the public. Council asked what City
benefits acrue frOm this proposed action; and whether this right-
of -way vacation. ndght sta.rt a series of similar vacation requests.
We suggest that some form of .colllpensation for the [Jublic property
vacCited woUl9 I;>e iglequate public benefit in this case.. In
addition, thi~ requ~sted ~ight-Qf-wa:i vacation appears to be
a unique case in ~~ich the. city does not need to own the subject
public property, pad:iculady if easements are in place, and also
due to the fact that thif1. owneE previously 9ranted this right-of-
way to the city and i.s now asking for a portion to Qe given
back. It is doubtful that there are many other similar types of
potential street vacations, .
It has also been asked whether other properties. along Meadows
Road/Eighth St reet might also be eligi ble f or lot spli ts. It
appears that the Durbin's and Adam's properties on Meadows Road
each have sufficient lot area to be considered for a lot split.
However, the code amendment regarding the lot. split GMP exemption
under consideration for first reading tonight would exclude both
properties from consideration for the GMP exemption. It seems
appropriate that such lot. Splits would have to undergo a more
thorough review in the. GMPprOcess as there would likely be
significant impacts involved in either such lot split.
Several. neighbors hav.e ques~ion.ed .whether their views will, be
affected by the potential deve.Iopment on Lot 2. It appears that
the southerly. view from. the Ke:rly' s hc)Use.. on .L?t I, . Sn?bb!e
Subdivision willb,e.. s()mewhatreduce(j if a large house is built.
However, appropriate design and landscaping can minimize visual
impacts. No other neighbor's view will be effected.
The question was raised whether a width of over 30 feet from the
center line will be asked for on the east side of Meadows Road upon
subdivision of the Meadows Property due to this requested right-
Of-way vacation. . It appears that given the easements to be
retained on Baar's property there would be no effect of shifting
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the present extent of right-of-way width to the other side of the
st reet .
Finally, the conditions of approval f.or the subdivisi.on exception
recommended by the Planning Commissi.on listed below should help
ensure that there are no undue impacts from the requested actions.
ADVISORY COMMITTEE VOTE: The Planning Commission unanim.ously
recommended approval of the requested lot split and right-of-way
vacation at its regular meeting of November 19, 1985.
RECOMMENDED MOTIONS:
"Move to adopt Ordinance _ (series of 1986) as amended to
include fair market value compentation to the City for the
vacated land".
"Move to approve the requested subdivision excepti.on and GMP
exemption for the purpose of a lot split subject to the
fOllowing c.onditions:
1. A subdivision plat shall be filed conforming, to the
requirements of Section 20-1f? and inc()rporatfng al1
comments in the Engineering Department memorandum dated
July 29, 1985; .. .
2. A statement of Subdivision Exception shall be filed as
approved by the City Attorney;
3. The applicant shall agree to join any special imprOvement
districts formed in the future and shall state such
c.ommitment in the statement .of Subdivision Exception;
4. No trees shall be removed without complying with
Section 13-76 of the Municipal Code; and
5. The plat shall include the statement that no further
subdivision of this property shall be allowed without
approval through the full subdivision process and
competition in the growth management process.
6. Development on Lot 2 of the pine Hollow .SlIbdivision
shall be restricted t() a single family house. The
existing house on Lot 1 shall not be expanded into a
duplex,
SB.05
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RECORD OF PROCEEDINGS
1 nn T.I=Io.::lupt::
ORDINANCE NO. _
(Series of 1986)
AN ORDINANCE VACATING A PORrION OF THE MEADOWS ROAD
RIGHT-OF-WAY CONrAINING APPROXIMATELY 1820 SQUARE FEET ADJACENr
TO LOT 1 OF THE BAAR SUBDIVISION, ALL WITHIN THE
CITY OF ASPEN, PITKIN COUNrY, COLORADO
WHEREAS, the Applicants for the Baar Lot Split (also known
as the pine Hollow Subdivision), Curtis K. Baar and Trudy W.
Baar, have requested that the City Council of the City of Aspen,
Colorado (helreinafteF "Council"), vacate a portion of the Meadows
Road dght~of-wa'Y adjacent to the boulldaries of their property;
and
WHEREAS, the Applicants are the record owner of all lands
which abut the west side of Meadows Road are proposed to be
vacated; and
WHEREAS, the portion of the right-of-way thereof to be
vacated is located entirely within the corporate limits of the
City of Aspen, COloFado, and no part thereof forms the boundary
of another city OF t OWn or any county; and
WHEREAS, Cpt:inc:il has deteFmined; that the requested vacation
will not FeE;uH:, ~!'J!,Gl' ];~gh,e-of4;ajl' width less than required by
subdivision standaFQS for a local road, which classification
Meadows Road possesses; and
WHEREAS, Council has determined that in consequence of the
vacation as herein below set forth for the public use, conveni-
ence and necessity will no longer require the hereinafter
described public property.
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n
RECORD OF PROCEEDIRiS
lnn T.,:ll"v~t:::
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That the fOllowing described portion of the Meadows Road
right-of-way, City of Aspen, Pitkin County, Colorado, shall be
and hereby is vacated, to wit:
A strip of land 12.00 feet in width across Lot 1,
Baar Subdivision, City of Aspen, Colorado, being more
fully described as follows:
Beginnin~ at. a point on the n2I:'tl1Elrly boundary
line of said Lot I whence the northeal>t!,!rly corner of
said Lot 1 bears, S6:i02J'OQ"El)3.25feElt;
Thence aIQn~ said northerly boundarqr lins
865021'00" E 13.30 feet;
Thence departin<J saidiiortherly boundary liiie .5
00054'00" E 151.6/l feet; to the point of inter..13ecti()n
with the southerly boundary line of said Lot I;
Thence along said southerly boundary line N
65021'00" W 13.30 feet;
Thence departing said southerly boundary line N
00054'00" W 151.68 feet to the point of beginning,
containing 1820 square feet, more or less.
Excepting the following easements which are hereby retained
and reserved by and for the benefit qf the City of Aspen over and
acrosS the vacated area:
(1) A twelve (12) foot wide perpetual road easement
running parallel to the entire 151.6/l feet length
of the eastern edge of Lot 1, Baar Subdivision and
adjacent to the Meadows Road right-of-way, as such
easement is shown on Exhibit "A" attached heretq;.
and
(2) A twelve (12) foot wide per pet uaI easement as
shown on Exhibit "A", attached hereto, for the use
of sewer, gas, water, or similar pipelines,
ditches, canals, eletric lines, telephone lines,
and similar appurtenances and any other utilities
or franchises of the City of Aspen as now exist or
by the City Council may be deemed necessary in the
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RECORD OF PROCEEDINGS
1 nn T.~;:!lv':)~
future for such purposes, provided only that all
such utility lines which may be installed in the
future shall be placed underground.
Section 2
That the City Clerk be and hereby is directed, upon the
adoption of this Ordinance, to record a copy of this Ordinance,
and the Exhibit attached hereto, in the Office of the Pitkin
County Clerk and Recorder.
Section 3
If any section, subsection,
sent ence,
'''''-''''''''''''''''''''''''''-'''''' '
clause, phrase or
portion of this O;-diria1i.c~ is f()t~ny rE!asdrlheld invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such hOlding shall not affect the validity of the
remaining portions thereof.
Section 4
A public hearing on the Ordinance shall be held on the
day of
, 198___, at 5:00 P.M. in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED published as provided by law by
the City Council of the City oft Aspen on tne
,198_.
day of
ATTEST :
william L. Stirling, Mayor
Kathryn S. Koch, City Clerk
3
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RECORD OF PROCEEDINGS
lon T.,:!l;lvI:iot:=,
FINALLY adopted, passed and approved on this day of
, 198
William L. Stirling, Mayor
ATT EST :
Kathryn S. Koch, City Clerk
SB.3
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~ ~ElYSe Elliott,
n,~ Curt Baal'
h
Engineering bepartment
I
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DATE: August 9, 1985
RE: Baal' request for partial vacation of 30' right-of-way
Curtis Baar hereby requests a partial vacation of an existing 30' right-of-way
of 12' along Meadows Road as shown on the Pine Hollow Subdivision Plat herein
attached.
Pursuant to the City application procedures, he submits the following information:
LA i) Ap~)licant representative: Hal Cl.ark, Box 2725, Aspen, Colorado, 81612
ii) Adjacent property owners are shown on the plat.
iii) Mr. Baar requests a vacation of ~ of right-of-way af Meadaws Raad.
The City naw has a 52' right-of-way beginning at the east side af Meadows
Raad and prajecting 30' into Me Baar's property, The raad may never need
widening given prajected usage, Shauld widening be required due to Meadaws
eXPf'?s;:f~~', tnewid"ening, should occur to the,ea{)t away f;r:-Offi, th~n.tlm~'!'c:>u~
1\Qu"es' CD'" Ehe west af Meadaws Raad, In addition, large trees, utilities, and a
diEdl ar'~ i~ tHe west R-O~N. These uses ,,;~;:'ld"'remain It! the 18'" l!'igfut-of
waY' '~,~' w<lialld: ~e protected by the 25' za~{ng s'etl)acl-ir<j'qt;fIii\iteIi'€'~,il'lidi is: '
me;as.""e& jj'l?CDm' 'the right-af-wav, It is important Ea nate that at 'die entr'f
loa Me~cl'bw~ RQadi, a townhause praject is located anly 16" off the ~;:ii~'tfFig , ,
"E'(J?,i paveriient'~. thereby pr'eventing road widening to the; west. .,,, -
The Baal? prapetty is zaned R-1S and cansistsaf 39,743 s,f. A single family dwelling
af 3,000 s.f. exists an the site, which allows by right a duplex up ta about 6,000 s.(.
plus decks, carparts, etc. Mr. Baal' would like to sell a lot for a single family homesite
rather than build a large duplex structure which he feels wauld be incampatible with
the neighbarhood. The 30' right-af-way is deducted from necessary lot area requirements
causing extreme practical difficulties in separating a 15,000 s.f, lot, A vacatian
af 12' af right-af-way wauld enable the creation of a separate usable lot.
loB Site survey is attached as part af subdivisian exemptian plat.
2. Re~i~~ c~i~~r~~
2..'i. C:iitfculaEidn: Pt'esent circulatian and access patterns' will l?emain. Futut'e
r'dad' widenings 'could' be needed only upon the MeadowS' d'e\le'lopme"& expansian,
The Mead'CDw,s pl?opel?'EY is to the east af the Baar pr'irperty and' appl?CDpriate
dgl\.t::~{-w'ay cauld'be'obta'ined from them at that time. ' ,
2.B Street Maintenance: The partial right-of-way vacatian will nat affect
present street maintenance or snow removal.
'"
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Page T\co
AUGust 9, 1985
2. C Utili-ties: Present utili ty easements will remain.
2.0 Enforcement: No problems exist for traffic control, police or fire
personnel.
2.E Expansion: A single family house Hould not require G.:LP. approval, nor
does a subdivision exemption. The vacated right-of-'l:.Jay y,'ill not ;';,;
built 0:1 due to the 25' front yard setback requirement measured ,'om
the stTcet right-of-way. Right-af-way is not deducted from Fl-.1 Jr
single family homes.
2.F Income Space: No commercial income producing space 1;0]i11 be created.
2,G Adopted Plans: The partial vacation is c.lnsistent with adopted pIau for the Cit:'
1. H Benefit: The City of Aspen has n<it ''fsed the 14' for road""y purposes.
Utility uses' will remaiIl. !-fr., :,aar: granted this right-of-way to
the City almost 20 yeales ,fg0'. ' ;H' trhat time, the right-of-;,ay
counted against lot: ^a're~ '"F:-~qti:i~e'rd'Efrl~~?~;'."
The :rat,:th of residential uses a10ng tl'iE( west side of }reado,jsRoad h2s
eff ~cti';rely preclude ~ road expansion t\.: the,:.-est side. ~rr. Baar feels
this partial vacation to be a fai4 reasonabl~ resolution to a severe
personal h~,:,rdshi?
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MEMORANDUM
To: Steve Burstein, Planning Department
From: Elyse Elliott, Engineering Department ~
Date: January 6, 1985
Re: Baar Vacation Request
-- ------ -------- ------_.....- - -,- -'--,- --'- --- - -- -'- -----'.........._-'----'----------'..........,
-----------------------------------------------------------------
This department recommends that Curtis Baar's request for vacation
of the western 12' of Meadows Road be granted with the provision
that an easement be given to the City on that vacated parcel.
In 1968, Curtis. Ba'7rpedicated the eastern 30' of .his property. as
right-of-way f0."!1e'7dows~0ad. ,...~his.~.l1<::rea?~~ thEl right-;of-way
from the eJ{il'1png 40' ~o7p'. CIl.rns I;lail.r is requesting that the
c+t::t ~acate lZI()fthe ~~ght--of-way .which will C1dd 1820 square
feet to his parcel and allow him to do a lot split.
If. an eas~lRent: is (j'iven to the City, Meadows Roadwili rnail1taiir
the same 70 ,. dgnt-of-way.
The property to the west of Meadows Road has a disputed property
line and was recently involved in a quiet title claim.
Please refer to my memo of December 9, which explains why it is
not practical to expand Meadows Road to the west.
r'0
N
MEK>RANDUM
THRIJ :
Aspen city Council
Hal Schilling, City Manager
TO:
FROM:
Steve Burstein, Planning Office
Baar - Meadows Road Right-of-Way Vacation First Reading
RE:
DATE:
=====================================================================
Janua ry 7, 1986
SUMMARY: The Planning Off ice and Planning Commission recemmend first
reading approval of the requested vacatien. The Plannig Office recommends
that a condition .of approval should include fair market compensation to the
City for the vacated property.
LOCATION: West side of Meadows Road, adjacent to Lot 1 of Baar
Subdivision, 725 Meadews Road.
APPLICAN'l"S REQUES'r: Curtis K. and Trudy W. Baar, owners of Lot 1, Baar
Subdivision, request vacation of 12 feet,.of the 30 foot wide right-of-way
along Meadows Road. A sll,bdivisi()nElesElption and GMP exemption for the
purpose .of a lot split .of the ~6 ,207 square foot lot is also being
requested. Council will be, Clske9t()rEl)TiElI'l ,the lot split request at the
time .of second reading of the right~ef-way vacation Ordinance, when public
hearings for bqth the lot split and street vacation will be held.
APPLICABl-E SEcr]:<>!i <>fT~~,.~:liIqPl\.~.,c;()pE:Sectiol'l 24-2.5 ,st,ates that the
zoning of areas vacated l:ly"acH<ip'of c;ity Council shall automatically be
the same as land to which the )'acated ,area attashet>." Furthermore, the Code
states that the vacated land cann()tbe ut>ed in dEiEermining the allowable
FAR or open space of the development tract.'
BACKGROUND: The applicants desire the vacation of approximately 1820
square feet in the Meadows R:oad right-of-way so that they can use that
property to conf igure a second lot through a lot spl it. The vacation al so
gives the applicant the ability te create a building site in the most
logical location, which would be impossible if the front yard set back
extended from the existing property line.
The original Baar Subdivision was approved by City Council on May 25, 1966.
At that time, Mr. Baar dedicated the 30 foot strip in front of Lets 1 and
2, Baar Subdivision to the City for a right-of-way along Meadows Road.
On November 19, 1985, the Planning Commission recommended approval of the
lot split and the requested vacation. According to the Municipal Cede,
street vacations are accomplished by Ordinance of City Council, however,
because planning considerations are involved, a recommendation from the
Planning Commission was solicited.
PROBLEM DISCUSSION: Engineering Department COmments: The Engineering
Department recommended, in memoranda dated December 9, 1985, and January 6,
1""1
!"'l
1986 (attached), that the requested vacation be granted with the provls~on
that an easement be given to the City on that vacated parcel. It was
reasoned in these two memoranda that: (1) through the requested vacation of
this property a total of 60 feet of Meadows Road right-of-way can probably
still be maintained. There is a dispute over the property line at the
parcel across the street from the Baars' property, and a quiet title claim
was recently filed. However, regardless of the outcome, it is reasonable
that at the time of a develo];tllent proposal for the east side of Meadows
Road, the necessary right-of-way width will be dedicated. Furthermore, by
reserving a perpetual road and utilities easement on the vacated strip, the
City has the ability to use the property for road expansion and utility
lines, if necessary; and (2) it is not likely that Meadows Road will be
widened towards the Baar property because of a row of cottonwoods on Baar's
side of the street, lack of obstacles to the east, and no right-of-way
dedication north of the Baar Subdivision.
PLANNING OFFICE COMMENTS: It should be noted that with or without the
right-of-way vacation, two lots conforming tdthe R--15 lot size
requirements could be configured from the existing Lot 1, Baar Subdivision
(a pproximately 35,823 s. f., as calculated by reducing the present 30 foot
righFof-way). with the requested vac:ation, I.<>t.2 of, thE;l proposed lot
split would contain approximately 15,716 square feef, and Lot 1 would be
approximately 21,927. The vacation does all()w,for",a,l)loFe,a.dvantageous
building site on Lot 2. According to the Chief Zoning OffiCial Patsy
Newbury, the easement land cannot b~Uf3edf'()rFARcalculaHom;, but it can
be used to constit ute the lot area ('!'nd set: bacls. ' ' ,
The Planning Office concurs withthelifngineering Department's
recoIlullendatiQn for approval. , We raise the question whether any general
public purpose is served by the vacationqf right-of-way. It appears that
the city does not need to own the gescF~geg public property, particularly
if easement s are in place; however, since the applicant is asking the City
to 9ive up thi s land in the right-of-way, we beli,eve there shQuld be some
compensation for givin9 public property to a private party. Should Council
concur with this recommendation, the Ordinance wLll need to. be amended to
include appropriate language in this regard. ' , ,
ADVISORY COMMITTEE VOTE: The planning Commission unanimously recommended
approval of the requested right-of-way vacation at its regular meeting of
November 19, 1985.
RECOMMENDATION: The Planning Office recommends approval of first reading
of the proposed Ordinance, provided that the applicants propose to give
free market compensation to the City for the vacated property as an
inducement for City approval.
RECOMMENDED MOTION: "Move to read Ordinance _ (Series of 1986)."
"Move to approve Ordinance _ (series of 1986) on first reading."
SB.IO
2
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MEK>RANDUM
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Aspen city Council
Hal Schilling, City Manager /C::L y-
Steve Burstein, Planning Office ~
Baar - Meadows Road Right-of-Way Vacation First Reading
Janua ry 7, 1986
TO:
THRIJ :
FROM:
RE:
DATE:
SUMMARY: The Planning Office and Planning Commission recommend first
reading approval of the requested vacation. The Plannig Office recommends
that a condition of approval should include fair market compensation to the
City for the vacated property.
LOCAT ION: West side of Meadows Road, adj acent to Lot 1 of Baar
Subdivision, 725 Meadows Road.
APPLICANT'S REQUEST: Curtis K. and Trudy W. Baar, owners of Lot 1, Baar
Subdivision, request vacation of 12 feet of the 30 foot wide right-of-way
along Meadows Road. A subdivision exception and GMP exemption for the
purpose of a lot split of the 36,207 square foot lot is also being
requested. Council will be asked to review, the lot "split request at the
time of second reading of the right-of-way vacation Ordinance, when public
hearings for both the lot split and street vacation will be held.
APPLICAB.r.E SEcrION (>FTHE MD':NICIPAL COl)E: Section 24-2.5 states that the
zoning of areas vacated by actionof'City Council shall automatically be
the same as land to which the vacated,area attaches., Furthermore, the Code
states that the vacated landcannot be used in determining the allowable
FAR or open space of the development tract.
BACKGROUND: The applicants desire the vacation of approximately 1820
square feet in the Meadows Road right-of-way so that they can use that
property to configure a second lot through a lot split. The vacation also
gives the applicant the ability to create a building site in the most
logical location, which would be impossible if the front yard set back
extended from the existing property line.
The original Baar Subdivision was approved by City Council on May 25, 1966.
At that time, Mr. Baar dedicated the 30 foot strip in front of Lots 1 and
2, Baar Subdivision to the City for a right-of-way along Meadows Road.
On November 19, 1985, the Planning Commission recommended approval of the
lot spl it and the requested vacation. According to the Municipal Code,
street vacations are accomplished by Ordinance of City Council, however,
because planning considerations are involved, a recommendation from the
Planning Commission was solicited.
PROBLEM DISCUSSION: Engineering Department COmments: The Engineering
Department recommended, in memoranda dated December 9, 1985, and January 6,
r'>
o
1986 (attached), that the requested vacation be granted with the provlslon
that an easement be given to the City on that vacated parcel. It was
reasoned in these two memoranda that: (1) through the requested vacation of
this property a total of 60 feet of Meadows Road right-of-way can probably
still be maintained. There is a dispute over the property line at the
parcel across the street from the Baars' property, and a quiet title claim
was recently filed. However, regardless of the outcome, it is reasonable
that at the time of a development proposal for the east side of Meadows
Road, the necessary right-Of-way width will be dedicated. Furthermore, by
reserving a perpetual road and utilities easement on the v~cat~d strip, the
City has the ability to use the property for road expansion and utility
lines, if necessary; and (2) it is not likely that Meadows Road will be
widened towards the Baar property because of a row of cottonwoods on Baar's
side of the street, lack of obstacles to the east, and no right-of-way
dedication north of the Baar Subdivision.
PLANNING OFFICE COMMENTS: It should be noted that with or without the
right-of-way vacation, two lots conforming 1:0 the R-15 lot size
requirements could be configured from the existing Lot 1, Baar Subdivision
(approximately 35,823 s.L, as calculated by reducing the present 30 foot
right-of-way). with the requested vacation, Lot 2 of the proposed lot
split would contain approximately 15,716 square feet, and Lot 1 would be
approximately 21,927. The vacation does allow for a more advantageous
building site on Lot 2. According to the Chief Zoning Official Patsy
Newbury, the ea sement land cannot be used f or FAR cal cuI ati ons, but it can
be used to constitute the lot area and setbacks.
The Planning Office concurs with the Engineering Department's
recommendation for approval. We raise the question whether any general
public purpose is served by the vacation of right-of-way. It appears that
the City does not need to own the described public property, particularly
if easements are in place; however, since the applicant is asking the City
to give up this land in the right-Of-way, we believe there should be some
compensation for giving public property to a private party. Should Council
concur with this recommendation, the Ordinance will need to be amended to
include appropriate language in this regard.
ADVISORY COMMl'l".rEE VO'.rE: The Planning Commission unanimously recommended
approval of the requested right-of-way vacation at its regular meeting of
November 19, 1985.
RECOMMENDATION: The Planning Office recommends approval of first reading
of the proposed Ordinance, provided that the applicants propose to give
free market compensation to the City for the vacated property as an
inducement for City approval.
RECOMMENDED MOTION: "Move to read Ordinance ~ (Series of 1986)."
"Move to approve Ordinance -l- (series of 1986) on first reading."
SB.IO
2
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RECORD OP PROCEEDINGS
lnn 1"",:.vcC!
ORDINANCE NO. -'--
(Series of 1986)
AN ORDINANCE VACATING A PORTION OP THE IIEADOWS ROAD
RIGHT-OP-WAY CONTAINING APPROXI~TELY 1820 SQUARE PEET ADJACENT
TO Lor 1 OF THE BAAR SUBDIVISION, ALL WITHIN THE
CITY OP ASPEN, PITKIN COUNTY, COLORADO
WHEREAS, the Applicants for the .Baar Lot Split (also known
as the Pine Hollow Subdivision), Curtis K. Baar and Trudy W..
Baar, have requested that the city Council of the city of Aspen,
COlorado (hereinafter "COuncil If), vacate a portion of the MeadOWS
Road right-af-way adjacent to the boundaries of their property:
and
WHEREAS, the Appl icant s are the record owner of all lands
which abut the west side of Meadows Road are proposed to be
vacated; and
WHEREAS, the portion of the right-af-way thereof to be
vacated is located entirely within the corporate limits of the
City of Aspen, Colorado, and no part thereof forms the boundary
of another city or town or any county; and
WHEREAS, Council has determined that the requested vacation
will not result in a right-of-way width less than required by
subdivision standards for a local road, which classification
MeadOWS Road possesses; and
WHEREAS, COuncil has determined that in consequence of the
vacation as herein below set forth!
the public use,
convenience and necessity will no longer require the hereinafter
described public property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OP THE
CITY OP ASPEN, COLORADO:
Sed ion 1
That the following described portion of the Meadows Road
right-of-way, City of Aspen, Pitkin County, Colorado, shall be
and hereby is vacated, to wit:
A strip of land 12.00 feet in width across Lot 1,
Baar Subdivision, City of Aspen, Colorado, being more
fully described as follows:
E:~~
.1']
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RECXlRD OF PROCEEDINGS
lnO.l...::tv..,.C!
Beginning at a point on the northerly boundary
line of said Lot 1 whence the northeasterly corner of
said Lot 1 bearsS 65021'00. E 33.25 feet;
Thence along said northerly boundary line
565021100" E 13.30 feet;
Thence departing said northerly boundary line S
00054100" E 151.68 feet to the toint of intersection
with the southerly boundary line of said Lot 1;
Thence along said southerly boundary line N
65021'00. W 13.30 feet;
Thence departing said southerly boundary line N
00054100" W 151.68 feet to the point of beginning,
containing 1820 square feet, more or less.
Excepting the following easements which are hereby retained
and reserved by and for the benefit of the City of Aspen over and
across the vacated area:
(1) A twelve (12) foot wide perpetual road easement
running parallel to the entire 151.68 feet length
of the eastern edge of Lot 1, Baar Subdivision and
adjacent to the Meadows Road right-of-way, as such
easement is shown on Exhibit "A" attached hereto;
and
(2) A twelve (12) foot wide perpetual easement as
shown on Exhibit "A", attached hereto, for the use
of sewer, ga s, water, or similar pipelines,
ditches, canals, eletric lines, telephone lines,
and similar appurtenances and any other utilities
or franchises of the City of Aspen as now exist or
by the City Council may be deemed necessary in the
future for such pur}?Oses,provided only that all
such utility lines which may be installed in the
fut ure shall be placed underground.
Sel"!t:ion 2
That the City Cl erk be and hereby is directed, upon the
adoption of this Ordinance, to record a copy of this Ordinance,
and the Exhibit attached hereto, in ,the Office of the Pitkin
County Cl erk 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
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions thereof.
--.'....
w~
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RECORD OJ!' PROCEEDINGS
100 l~vp~
Sp-ction 4
A pUblic hearing on the Ordinance shall be held on the
day of
, 198_, at 5:00 P.M. in the City
Council Chambers, Aspen city Hall, Aspen, Colorado.
INTRODUCED. READ AND ORDERED published as provided by law by
the city council of the City of Aspen on the _ day of
, 198
Will iam L. Sti rling, Mayor
ATTEST:
Kathryn S, Koch, City Clerk
FINALLY adopted, passed and approved on this
, 198_.
day of
William L. Stirling, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
SB.3
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TO: Elyse Elliott, Engineering Department
FR: Curt Baar
DATE: August 9, 1985
RE: Baar request for partial vacation of 30' right-of-way
Curtis Baar hereby requests a partial vacation of an existing 30' right-of-way
of 12' along Meadows Road as shown on the Pine Hollow Subdivision Plat herein
attached.
Pursuant to the City application procedures, he submits the following information:
1.A i) Applicant representative: Hal Clark, Box 2725, Aspen, Colorado, 81612
iii)
ii)
Adjacent property owners are shown on the plat.
Mr. Baar requests a vacation of 12' of right-of-way of Meadows Road.
The City now has a 52' right-of-way beginning at the east side of Meadows
Road and projecting 30' into Mr. Baar's property. The road may never need
widening given projected usage. Should widening be required due to Meadows
expansion, the widening should occur to the east away from the numerous
houses on the west of Meadows Road. In addition, large trees, utilities, and a
ditch are in the west R~O-W. These uses would remain in the 18' right-of
way or would be protected by the 25' zoning setback requirement which is
measured from the right-of-way. It is important to note that at the entry
to Meadows Road, a townhouse project is located only 16' off the existing
road pavement, thereby preventing road widening to the west.
The Baar property is zoned R-15 and consists of 39,743 s.f. A single family dwelling
of 3,000 s.f. exists on the site which allows by right a duplex up to about 6,000 s.f.
plus decks, carports, etc. Mr. Baar would like to sell a lot for a single family homesite
rather than build a large duplex structure which he feels would be incompatible with
the neighborhood. The 30' right-of-way is deducted from necessary lot area requirements
causing extreme practical difficulties in separating a 15,000 s.f. lot. A vacation
of 12' of right-of-way would enable the creation of a separate usable lot.
1.B Site survey is attached as part of subdivision exemption plat.
2.
2.A
2.B
Review criterea
Circulation: Present circulation and access patterns will remain. Future
road widenings would be needed only upon the Meadows development expansion.
The Meadows property is to the east of the Baar property and appropriate
right-of-way could be obtained from them at that time.
."~'
Street Maintenance: The partial right-of-way vacation will not affect
present street maintenance or snow removal.
.... ;;:
,/'I
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Page Two
August 9, 1985
2.C
Utilities: Present utility easements will remain.
2.D
Enforcement: No problems exist for traffic control, police or fire
personnel.
2.E Expansion: A single family house would not require C.M.P. approval, ,nor
does a subdivision exemption. The vacated right-of-way will not be
built on due to the 25' front yard setback requirement measured from
the stTeet right-of-way. Right-of-way is not deducted from EAR cor
single family homes.
2.F Income Space: No commercial income producing space will be created.
2.C Adopted Plans: The partial vacation is consistent with adopted plans for the Cit,
1.R Benefit: The City of Aspen has not used the 12' for roadway purposes.
Utility uses will remain. Mr. 3aar granted this right-of-way to
the City almost 20 years ago. At that time, the right-of-way was not
counted against lot area requirements.
The growth of residential uses along the west side of Meadows Road has
eff'2ctively precluded road expansion tu the west side. Mr. Baar feels
this partial vacation to be a fai~ reasonabls resolution to a severe
personal hcrdship.
^
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MEMORANDUM
To: Steve Burstein, Planning Department
From: Elyse Elliott, Engineering Department
Date: January 6, 1985
~
Re: Baar Vacation Request
=============================================~========~====, =,====,=,.
.' ",' , ," '", ""'" ," " , ',' . """
This department recommends that Curtis Baar's request for vacation
of the western 12' of .Meadows Road be,. granted with the provision
that an easement be given to the City on that vacated parcel.
In 1968, Curtis Baar dedicated the eastern 30', of his property as
right-of-way for Meadows Road. This increased the right-of-way
from the existing 40' to 70'. Curtis Baar is requesting that the
City vacate 12' of the right-of-way which will add 1820 square
feet to his parcel and allow him to do a lot split.
If an easement is given to the City, Meadows Road will maintain
the same 70' right-of-way.
The property to the west of Meadows Road has .a disputed property
line and was recently involved in a quiet title claim.
Please refer to my memo of December 9, which explains why it is
not practical to expand Meadows Road to the west.
,.......,
~
,
',if
MEMORANDUM
To:
Steve Burstein, Planning Department ~
Elyse Elliott, Engineering Department~
From:
Date:
December 9, 1985
Re:
Baar Vacation Request
----------------------------------------------------------------
The Baar subdivision is part of the North Annexation which came
into the City in 1967. The annexation plat shows that Meadows
Road had a 40' right-of-way.
when the Baar subdivision was recorded in 1968, Curtis Baar
dedicated the eastern 30' of his property as City right-of-way.
Meadows Road should now have a 70' right-of-way.
According to City code, 60' of right-of-way is required for a
local street, which is how Meadows Road is classified.
It is not likely that Meadows Road would ever be widened towards
the Baar property to the west for these rleasons:,
1. There are trees and a ditch in that direction and there are
no obstacles limiting expansion on the east side.
2. There was n9 right-of-way dedication north of the Baar
subdivision on the Snobble subdivision. It appears that the
right-of-way necks down to 40' north of the Baar subdivision.
3. When the Meadows applies for subdivision, we would ask them
for right-of-way dedication and widen the road to the east.
Because of these reasons, the Engineering Department has no
problem with granting the request for vacation.
t""'j
()
CE1r.!'IFICATE OF MAILING,
/"\
, I hereby certify that on t'his ~ day of (, ,
198&, a true and correct copy of the attached. Noti Hearing
was deoositec'l in the Tlnited States mail. first-cl . s oostaae oreoaic'l.
to the- adjacent property owners as indicated on the attaclled-list of
adjacent property owners which was supplied to the Plannaing Office by
the applicant in regard to the case named on the public notice.
,,""".----
~
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("'J
POBLIC NarICE
RE: BAAR Lar SPLIT
NarICE IS HEREBY GIVEN that a public hearing will be held on
~Ionday, February 10, 1986, at a meeting to begin at 5: 00 P. M.
before the City Council of Aspen, Colorado, at the Pitkin County
Community Center in Aspen, to consider an application submitted
by Curtis K. and Trudy W. Baar, requesting subdivision exception
and GMP exemption for the purpose of a lot split of the east
36,207 square feet of Lot 2, Baar Subdivision. The property is
located west of tleadows Road, adjacent to Lot 1 of Baar
Subdivision, 725 Meadows Road.
For further information, contact the Aspen/Pitkin Planning
Office, 130 S. Glaena, Aspen, Colorado, (303) 925-2020, ext. 223.
s/William L. Stirlin9
Mayor, City Council of Aspen,
Colorado
-------------------------------------~---------------------------
------------~-~-------------------------------~---~--------------
" ,'." ',.' """"""""'m"'m""'''''''''''''''.'m'''-,.'''''''''<'''' ",', ',' ,,', ""
Publ ished in the Aspen Times on January 16, 1986.
City of Aspen Account.
.
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William Harris
6 Longfellow Park'
Cambridge,Mass.02138
777. ,Meado"s Rd.
. " - .
Dr.Lloyd Shields
4200 E.Cedar
Denver, Co. 80222
765 Headows Rd.
George Kelly
37 Polo Club Ci~cle
Denver, Co. 80209
755 HeaGmvs Rd.
Dr.
,
Steen Gantzel
705 Neadm'is Rd.
Aspen, Co.81612
David Nenscher
P.O.Box 5620
Balboa Island, Cal. 92662
675 i"lead 0\'7S' Lc1. ~
l;offman 695 Meadows Rd.
1401 Bricknell Ave.
Hiami, Fla. 33131
Carol Uall
665 No.Sneaky Ln.
Aspen, Co.
665 Sneaky Ln.
Frank Hoods
Box BEl
Aspen, Co.
655 Sneaky Ln.
IHlliam Jordan
600 E.Hopkins
Asper1, Co.
650 Sneaky Ln.
Dr.George Collier
Box 361
Paragou1d, Ark. 72450
6L: 5 Sneaky Ln.
Arnold Gadman
4801 Boulder Run
'Ft.\oJorth, Tx. 76109
Block 1
Lots A,B,C,D,E,F
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1101 N.h'.62nd St. Suite 103
Ft.Lauderdale, Fla. 33307
Aspen Institute
Box 219
Aspen, Co.
Ben Deane
PoO.Box 11368
Aspen, Co.
Jerry Pessman
1009 Vivian Circle
Boulde~, Co. 80303
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MEK>RANDUM
TO:
FROM:
RE:
Aspen Planning and Zoning Commission
Steve Burstein, Planning Office
Baar Subdivision Exception (Pine Hollow Subdivision)
DATE:
November 12, 1985
=====================================================================
LOCATION: 725 Meadows Road, Lot 1 of Baar Subdivision.
APPLICANT'S REQUEST: The applicant requests approval of a lot split.
Related to the lot split, the applicant is applying through the
Engineering Department for vacation of 12 feet of the 30 foot wide
right-of-way along Meadows Road. According to the Code, street
vacations are to be accomlished by Ordinance of City Council, however,
when there are planning considerations involved, we typically solicit
a recommendation from the Planning Commission.
CURRENT ZONING: R-lS
SITE DESCRIPl'ION: The site consi st s of a flat area on the mesa and
steep, heavily wooded hillside approaching Castle Creek. A row of
cottonwoods are situated along Meadows Road, blocking most views of
the Baar residence. Shrubs are located along the northern property
line between the present driveway and the 705 Meadows Road house and
garage. The Baar house is at the rear of the flat area near the edge
of the hill.
SURROUNDING LAND USES: To the north and south of the residence of
Curtis K. Baar are single-family residences in the Snobble Subdivision
and Lot 2 of the Baar Subdivision respectively. To the west are the
bottomlands of Castle Creek and single-family residences along Sneaky
Lane. Across Meadows Road to the east is the presently undeveloped
Meadows Property.
APPLICABLE SEcrlON OF THE MUNICIPAL CODE: Section 24-11.2 (d) esta-
blishes that a lot split of this type is exempt from complying with
the Growth Management allotment procedures. The lot split may be
approved as an exception to the full subdivision regulation pursuant
to Section 20-19(a).
REFERRAL AGENCY COMMENTS:
1. Engineering Department - The Engi nee ring Department made the
following comment in a memorandum dated July 29, 1985.
a. The request for vacation of right-of-way must be made under
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a separate application.
b. The title of the plat should reflect that it is an amendment
to the Baar Subdivision.
STAFF COMMENTS: As calculated on the applicant's survey, Lot 1 of
Baar Subdivi sion contains a total area of approximately 39,743 square
feet, including an area dedicated for right-of-way along Meadows
Road. This 30 foot wide right-of-way is shown on the Baar Subdivi-
sion plat approved May 16, 1966. The proposed two lots would contain
approximately 21,927 square feet (Lot 1) and 18,446 square feet (Lot
2). However, rights-of-way are deducted from the area requirements,
as acknowledged by the applicant in his request for right-of-way
vacati on. With the requested right-of-way vacation, Lot 2 would be
approximately 15,716 square feet, meeting the lot size requirement of
15,000 square feet in the R-15 zone district. It should be noted that
with or without the right-of-way vacation, two lots conforming to the
R-15 area and bulk requirements could be configured from the existing
Lot 1, Baar Subdivision (approximately 36,207 square feet, as calcu-
lated by reducing the present 30 foot right-of-way).
\ The Engineering Department has indicated that through the requested
V vacation of~~feet of right-of-way, a total of 60 feet of the Meadows
Road right-of-way can still be maintained. 60 feet is considered an
adequate width for this street. Information was given to the En-
gineering Department regarding the right-of-way width on the east side
of Meadows Road pertinent to this matter and will be made available
to P&Z at your meeting.
In order to preserve the present streetscape character, it is impor-
tant that the trees along Meadows Road not be cut down. The front
yard setback of 25 feet would require a residence to be located deeper
into the lot than the line of cottonwoods. Furthermore, Section 13-76
of the Municipal Code requires the owner to obtain permission from the
City Parks Director prior to removing any trees with a trunk diameter
of six inches (6") or greater.
It appears that a building site can be located on the proposed Lot 2
that would conform to the City Area and Bulk Requirements and be in
keeping with the neighborhood character.
RECOMMENDATIONS:
A. The Planning Office recommends to the Planning Commission that
they recommend approval of the Baar Subdivision Exception for the
purpose of a Lot Split sUbject to the following conditions:
1. A subdivision plat shall be filed conforming to the require-
ments of Section 20-15 and incorporating all comments in
the Engineering Department memorandum dated July 29, 1985;
2. A Statement of Subdivision Exception shall be filed as
2
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,;
approved by the City Attorney;
3. The appl icant shall agree to join any special improvement
districts formed in the future and shall state such
commitment in the Statement of Subdivision Exception;
4. No trees shall be removed without complying with Section 13-
76 of the Municipal Code; and
5. The plat shall include the statement that no further
subdivision of this property shall be allowed without
approval through the full subdivision process.
B. The Planning Office recommends to the Planning Commission that
they recommend approval of the requested pUblic right-of-way
vacation.
SB.4
3
-',',.-,,',--~.....,,-
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n
Alpine Surveys
414 North Mill Street
Post Office Box 1730
Aspen, Colorado81612
303 925 2688
December 4. 1985
85-47
Baar
,Partial Easement
Vacation
DESCRIPTION
A STRIP OF LAND 12.00 FEET IN WIDTH ACROSS LOT 1,
BAAR SUBDIVISION, CITY OF ASPEN, COLORADO BEING MORE
FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY BOUNDARY LINE
OF SAID LOT 1 WHENCE THE NORTHEASTERLY CORNER OF SAID
LOT 1 BEARS S 65021'00" E 33.25' FEET;
THENCE ALONG SAID NORTHERLY BOUNDARY LINE S 65021'00" E
13.30 FEET;
THENCE DEPARTING SAID NORTHERLY BOUNDARY LINE
S 00054'00" E 151.68 FEET TO THE POINT OF INTERSECTION
WITH THE SOUTHERLY BOUNDARY LINE OF SAID LOT 1;
THENCE ALONG SAID SOUTHERLY BOUNDARY LINE N 65021'00" W
13.30 FEET;
THENCE DEPARTING SAID SOUTHERLY BOUNDARY LINE
N 00054'00" W 151.68 FEET TO THE POINT OF BEGINNING,
CONTAINING 1820 SQUARE FEET, MORE OR LESS.
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MEHORANDUM
To:
Steve Burstein, Planning Department ~
Elyse Elliott, Engineering Department~
From:
Date:
December 9, 1985
Re:
Baar Vacation Request
----------------------------------------------------------------
The Baar subdivision is part of the North Annexation which came
into the City in 1967. The annexation plat shows that ~leadows
Road had a 40' right-of-way.
When the Baar subdivision was recorded in 1968, Curtis Baar
dedicated the eastern 30' of his property as City right-of-way.
11eadows Road should now have a 70' right-of-way.
According to City code,. 60' of. right-or-way is required for a
local street, which is how Meadows Road is- cLassified.
It is not likel:y that M7adows ROad.wQu1cr eyer be widened towards
the Baar property to the west for these reasons:'
1. There are trees and a ditch in that. dir~ction and there are
no obstacles limiting expansion on the, east side.
2. There was no right-of-way dedication north of the Baar
subdivision on the Snobble subdivision. It appears that the
right-of-way necks down to 40' north of the Baar subdivision.
3. When the Meadows applies for subdivision, we would ask them
for right-of-way dedication and widen the road to the east.
Because of these reasons, the Engineering Department has no
problem with granting the request for vacation.
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APPLICATION FOR LOT SPLIT APPROVAL
PURSUANT TO SECTION 20-19 OF THE
MUNICIPAL CODE OF THE
CITY OF ASPEN
ALLOWING FOR CERTAIN EXCEPTIONS FROM THE,STRICT
APPLICATION OF THE PROVISIONS OF CHAPTER 20
OF THE ASPEN MUNICIPAL CODE; REQUEST
FOR GRANT OF EXEMPTION FROM
GROWTH MANAGEMENT QUOTA SYSTEM ALLOCATION PROCEDURES;
AND REQUEST FOR PARTIAL STREET VACATION.
Pursuant to S20-19(c), CURTIS K. BAAR, hereby applies for exception
from the strict application' of all of the standards, requirements and provisions
of Chapter'20 of the Municipal Code of the City of Aspen and seeks final sub-
division approval for the division of the property described on the lot split
plat filed herewith into two parcels. For a lot split to comply with all the
standards and requirements of Chapter 20 would be redundant, serve no public
purpose and be unnecessary in relation to the land use policies of the City of
Aspen. Notwithstanding any exception which may be granted to applicant, the
proposed subdivision will comply with the design standard of this chapter and is
appropriate for a one step City Council approval.
A. EXEMPT FROM GROWTH MANAGEMENT QUOTA SYSTEM ALLOCATION PROCEDURES.
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Pursuant to 8~11.2(d) this lot split is exempt from complying
with the Growth Management Quota System Allotment procedures becau-se the tract
of land being subdivided has a pre-eXisting dwelling unit and only two lots
are created by the subdivision. In accordance with S24-11.2(d), Applicant
therefore requests that the City oil formally grant to Applicant an exemption
from the Growth Management Quota ~ystem Allotment procedures for this lot split.
B. LOT SPLIT COMPLIES WITH ALL APPLICABLE REQUIREMENTS OF CHAPTER
20 OF THE ASPEN MUNICIPAL CODE.
I. Section 20-9 Suitability of land for subdivision.
a. The subject property is not burdened by any hazards
such as flooding, bad drainage, rock or soil creep, mudflow, rockslide, avalanche
or snowSlide, or any other potential natural hazard; feature or condition
likely to be harmful to the health, safety or welfare of the future residents in
the proposed subdivision or of the City.
b. The proposed lot split is located in an existing
residential area of the City of Aspen and thus conforms with growth patterns
and does not necessitate any extension of utilities or public services.
c. This subdivision conforms with all applicable ZOn-
ing ordinances or other ordinances of the City of Aspen and laws and regulations
of the State of Colorado.
2. Disclosure of OwnerShip.
Attached hereto is a true copy of Ownership and Encumbrance report
issued by Stewart Title Guaranty Company for Lot I Baar subdivision City of
Aspen, County of Pitkin, State of Colorado.
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3. Lot Split Plat.
Filed herewith is a lot split plat containing necessary items
and information indicating that the proposed subdivision meets the design
standards of Chapter 20 of the Municipal Code which are applicable to this pro-
posed lot split.
4. Ad i acent Property Owners.,
Attached hereto is a list of the names and mailing addresses of
the owners of the properties within 300 feet prepared by Mr. Curtis Baar.
S. Zoning.
R-lS.
The lot split plat indicates the property is presently zoned
C. PARTIAL STREET VACATION.
In 1966 Mr. Baar obtained full subdivision from the City of Aspen
for the creation of BAAR SUBDIVISION. This subdivision consisted of Lot 1,
40370 SF; and Lot'2, 22, 'S10 S.F. A dedication of a 30 road right of way was
required by the City at that time. Mr. Baar feels this to be an extreme ..
R-O-W requirement. Since his property goes only to the edge of Meadows Rd., the
effective R-O-W is 42' from centerline of Meadows Rd. the R-lS front yard
zoning setback is 2S'. The resultant 67' building setback from road centerline
severly affects the ability of Mr. Baar to properly utilize his property. In
addition, the zoning code requires the R-O-W area to be deducted from total
lot area prior to calculating the minimum lot area per dwelling unit.
Mr. Baar is proposing an equitable colution by requesting the
city vacate only the westerly 12' of the R-O-W along Lot 1, thereby
retaining a 18' R-O-W for the city and a more normal distance of 30' from center
line. The owners of the eastern side of Meadows Rd. will no doubt submit for
development approval thus allowing appropriate additonal R-O-W dedication.
Also, a ditch on the western side and the Solar Tract Development by Don Erdman
may preclude Meadows Rd. expansion to the west.
Dated this ~~day of
J'j 1<; , 1985.
/
Respect;u}ly ,Su~m~tted
By /vt--f/~.'{
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"
TO: Elyse Elliott, En$ineering Department
()
FR: Curt Baar
DATE: August 9, 1985
RE: Baar request for partial vacation of 30' right-of-way
Curtis Baar hereby requests a partial vacation of an existing 30' right-of-way
of 12' along Meadows Road as shown on the Pine Hollow Subdivision Plat herein
attached.
Pursuant to the City application procedures, he submits the following information:
1.A i) Applicant representative: Hal Clark, Box 2725, Aspen, Colorado, 81612
ii) Adjacent property owners are shown on the plat.
iii) Mr. Baar requests a vacation of 12' of right-of-way of Meadows Road.
The City now has a 52' right-of-way beginning at the east side of Meadows
Road and projecting 30' into Mr. Baar's property. The road may never need
widening given projected usage. Should widening be required due to Meadows
expansion, the widening should occur to the east away from the numerous
houses on the west of Meadows Road. In addition, large trees, utilities, and a
ditch are in the west RcO-W. These uses would remain in the 18' right-of
<c way or would be protected by the 25' zoning setback requirement which is
measured from the right-of-way. It is important to note that at the entry
to Meadows Road, a townhouse project is located only 16' off the existing
road pavement, thereby preventing road widening to the west.
The Baar property is zoned R-15 and consists of 39,743 s.f. A single family ~J,J~91D!;l
of 3,000 s.f. exists on the site which allows by right a duplex up to abou~009/s,f.
plus decks, carports, etc. Mr. Baar would like to sell a lot for a single famlTY homesite
rather than build a large duplex structure which he feels woule be incompatible with
the neighborhood. The 30' right-of-way is deducted from necessary lot area requirements
causing extreme practical difficulties in separating a 15,000 s.f. lot. A vacation
of 12' of right-of-way would enable the creation of a separate usable lot.'
1.B Site survey is attached'as part of subdivision exemption plat.
2.
Review criterea
2.A
Circulation: Present circulation and access patterns will remain. Future
road widenings would be needed only upon the Meadows development expansion.
The Meadows property is to the east of the Baar property and appropriate
right-of-way could be obtained from them at that time.
2.B
Street Maintenance: The partial right-of-way vacation will not affect
present street maintenance or snow removal.
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Page Two
August 9, 1985
2.C
Utilities: Present utility easements will remain.
2.D
Enforcement: No problems exist for traffic control, police or fire
personnel.
2.E
Expansion: A single family house would not require G.M.P. approval, :or
does a subdivision exemption. The vacated right-of-way will not be
built on due to the 25' front yard setback requirement measured from
the street right-of-way, Right-of-way is not deducted from FAR for
single family homes.
2.F Income Space: No commercial income producing space will be created.
2,G Adopted Plans: The partial vacation is consistent with adopted plans for the Cit:
1.H Benefit: The City of Aspen has not used the 12' for roadway purposes.
Utility uses will remain. Mr. Baar granted this right-of-way to
the City almost 20 years ago. At that time, the right-of-way was not
counted against lot area requirements.
The growth of residential uses along the west side of ~!eadows Road has
effectively ?recluded road expansion to the west side. ~[r. Ba"r feels
this partial vacation to be a fai~ reasonable resolution to a severe
personal hardship.
I"">,
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MEMORANDUM
To: Steve Burstein,
From: Elyse Elliott,
Planning Department
Engineering Department~
Date: July 29, 1985
Re: Baar Subdivision Exemption, Case No. 022A-85
=====================================================~=====
After reviewing the above application and making a site inspection,
the Engineering Department has the following comments:
According to the Baar Subdivision plat filed in 1966, the Baar's
dedicated 30 feet of their property as public right-of-way. By
doing this, they effectively moved their property line inward by
30 feet. The plat submitted is therefore incorrect because it
does not reflect this property line change. This also reduces
the size of Lot 2 by approximately 4550 square feet; from 18,446
square feet to 13,896 square feet. This is insufficient area for
a building site in the R-15 zone. The request for vacation of a
right-of-way must be made under a separate application.
The plat submitted is lacking information depicting utilities,
vegetation, irrigation ditches and hydrants. We also request
that the plat identify adj oining subdivisions and areas wi th a
slope of 30% or greater. The title of the plat should reflect
that it is an amendment of the Baar Subdivision.
, "~
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TO: Elyse Elliott, En~ineering Department
FR: Curt Baar
DATE: August 9, 1985
RE: Baar request for partial vacation of 30' right-of-way
Curtis Baar hereby requests a partial vacation of an existing 30' right-of-way
of 12' along Meadows Road as shown on the Pine Hollow Subdivision Plat herein
attached.
Pursuant to the City application procedures, he submits the following information:
1.A i) Applicant representative: Hal Clark, Box 2725, Aspen, Colorado, 81612
ii) Adjacent property owners are shown on the plat.
iii) Mr. Baar requests a vacation of 12' of right-of-way of Meadows Road.
The City now has a 52' right-of-way beginning at the east side of Meadows
Road and projecting 30' into Mr. Baar's property. The road may never need
widening given projected usage. Should widening be required due to Meadows
expansion, the widening should occur to the east away from the numerous
houses on the west of Meadows Road. In addition, large trees, utilities, and a
ditch are in the west R~O-W. These uses would remain in the 18' right-of
c way or would be protected by the 25' zoning setback requirement which is
measured from the right-of-way. It is important to note that at the entry
to Meadows Road, a townhouse project is located only 16' off the existing
road pavement, thereby preventing road widening to the west.
The Baar property is zoned R-15 and consistsof 39,743 s.f. A single family l~~tD~
of 3,000 s.f. exists on the site which allows by right a duplex up to abou 6,000 .f.
plus decks, carports, etc. Mr. Baar would like to sell a lot for a single fam~ y homesite
rather than build a large duplex structure which he feels would be incompatible with
the neighborhood. The 30' right-of-way is deducted from necessary lot area requirements
causing extreme practical difficulties in separating a 15,000 s.f. lot. A vacation
of 12' of right-of-way would enable the creation of a separate, usable 'lot. '
1.B Site survey is attached as part of subdivision exemption plat.
2.
Review criterea
2.A
Circulation: Present circulation and access patterns will remain. Future
road widenings would be needed only upon the Meadows development expansion.
The Meadows property is to the east of the Baar property and appropriate
right-of-way could be obtained from them at that time.
!!-
2.B
Street Maintenance: The partial right-of-way vacation will not affect
present street maintenance or snow removal.
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Page Two
August 9, 1985
2.C Utilities: Present utility easements will remain.
2.D Enforcement: No problems exist for traffic control, police or fire
personneL
2.E Expansion: A single family house would not require C.M.P. approval,,:or
does a subdivision exemption. The vacated right-of-way will not be
built on due to the 25' front yard setback requirement measured from
the street right-of-way. Right-of-way is not deducted from EAR for
single family homes.
2.F Income Space: No commercial income producing space will be created.
2.C Adopted Plans: The partial vacation is consistent with adopted plans for the City
1.R Benefit: The City of Aspen has not used the 12' for roadway purposes.
Utility uses will remain. Mr. Baar granted this right-of-way to
the City almost 20 years ago. At that time, the right-of-way was not
counted against lot area requirements.
The growth of residential uses along the west side of Meadows Road has
effectively precluded road expansion to the west side. Mr. Badr feels
this partial vacation to be a fai~ reasonable resolution to a severe
personal hardship.
......,
MEMORANDUM
To: Streets Department
Planning Department
Building and Zoning Department
From: Elyse Elliott, Engineering Department
Date: October 24, 1985
Re: Baar Vacation Request
D m@mDWl&rn
ocr 2 8 1985 U)
--------------------------------------------------------------------
--------------------------------,----, -------------,--, --------------,---
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Curtis Baar, owner if the Baar Subdivision, dedicated the eastern
30' of his property to City right-of-way in 1968. He is asking
the City to vacate 12' of the 30' right-of-way.
Curtis is applying for a lot split and needs the additional area
so that both lots will have over 15,000 square feet. The name of
this new subdivision is the Pine Hollow Subdivision.
Please review this application and return your comments by
November 4.
'rhank-you.
C.(- D'fC ~ y
,. ,,;. ..
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January 13, 1986
Steve Burstein
Aspen/Pitkin Planning Department
City of Aspen
130 South Galena Street
Aspen, CO 81611
City Council
City of Aspen
130 South Galena Street
Aspen, CO 81611
Re: Baar Vacation Request
Ladies and Gentlemen:
My wife and I are the owners of Lot 1, Snobble
Subdivision, which is adjacent on the North to the Baar
property which would be the beneficiary of the above-
referenced street vacation. It is my understanding that the
vacation request is the first step in what, would ultimately
result in a lot split of the Baar property. The purpose of
this letter is to object to the road vacation and any
subsequent lot split. My reasons for objecting are as
follows:
1. The new building site would doubly affect our
property in terms of view and privacy. The northerly portion
of Meadows Road has been developed for some time but has
retained a sense of privacy as a result of relatively large
lots. This would be damaged by the proposed resubdivision.
2. While I am not sure of the square footage of the
other lots, it would appear that others on Meadow Road
(including myself) would be eligible for the same type of
increased density. I strongly feel that this would interfere
with the low density residential character of the
neighborhood. This is particularly important in view of the
fact that you will ultimately be considering a development
plan for the Institute property on the other side of Meadows
Road. These lots were subdivided many years ago by the Baars
and Jim Snobble, and I believe they should remain as
subdivided.
..... t. ..
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Aspen/Pitkin Planning Department
January 13, 1986
Page 2
3. It is my understanding that the road vacation is
necessary in order to reach the minimum square footage
necessary for the lot split. In speaking with my son, a local
attorney, I have learned that the City has been reluctant to
grant vacations in recent years. Assuming this to be the
case, certainly public property should not be used to enhance
the development possibilities of private citizens. The lot
split, if granted, should be based on sufficient square
footage of privately owned land.
Thank you for your kind attention to this matter.
Very truly yours,
f~)S~~D ,,/j;:!f C~)
"c.".;; '.(-:-r
George J .M. Kelly /:J: VV(~
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MEMORANDUM
To: Steve Burstein, Planning Department
From: Elyse Elliott, Engineering Department
Date: January 6, 1985
t
Re: Baar Vacation Request
=================================================================
This department recommends that Curtis Baar's request for vacation
of the western 12' of Meadows Road be granted with the provision
that an easement be given to the City on that vacated parcel.
In 1968, Curtis Baar dedicated the eastern 30' of his property as
right-of-way for Meadows Road. This increased the right-of-way
from the existing 40' to 70'. Curtis Baar is requesting that the
City vacate 12' of the right-of-way which will add 1820 square
feet to his parcel and allow him to do a lot split.
If an easement is given to the City, Meadows Road will maintain
the same 70' right-of-way.
The property to the west of Meadows Road has a disputed property
line and was recently involved in a quiet title claim.
Please refer to my memo of December 9, which explains why it is
not practical to expand Meadows Road to tne west.
,
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MEMORANDUM
To:
Steve Burstein, Planning Department ;j0
Elyse Elliott, Engineering Department~
From:
Date:
December 9, 1985
Re:
Baar Vacation Request
----------------------------------------------------------------
The Baar subdivision is part of the North Annexation which came
into the City in 1967. The annexation plat shows that ~1eadows
Road had a 40' right-of-way.
When the Baar subdivision was recorded in 1968, Curtis Baar
dedicated the eastern 30' of his property as City right-of-way.
Meadows Road should now have a 70' right-of-way.
According to City code, 60' of right-of-way is required for a
local street, which is how Meadows Road is classified.
It is not likely that Meadows Road would ever be widened towards
the Baar property to the west for these reasons:
1. There are trees and a ditch in that direction and there are
no obstacles limiting expansion On th.e,.east slde;
2. There was no right-of-way dedication north of the Baar
subdivision on the Sriobble subdivisiqn." It appears that the
right-of-way neckfi) down to 40' north of the Baar subdivision.
3. When the Neadows applies for subdivision, we would ask them
for right-of-way dedication and widen the road to the east.
Because of these reasons, the Engineering Department has no
problem with granting the request for vacation.
/l:-.-:~_,
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.
.-
.
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TO: Elyse Elliott, Engineering Department
FR: Curt Baar
DATE: August 9, 1985
RE: Baar request for partial vacation of 30' right-of-way
Curtis Baar hereby requests a partial vacation of an existing 3D' right-of-way
of 12' along Meadows Road as shown on the Pine Hollow Subdivision Plat herein
attached.
Pursuant to the City application procedures, he submits the following information:
1.A i) Applicant representative: Hal Clark, Box 2725, Aspen, Colorado, 81612
iii)
it)
Adjacent: property owners are shown on the plat.
~r,~gg, requests a vacation of 12' of right-of-way of Meadows Road.
The City now has a 52' right-of-way beginning at the east side of Meadows
Road and projecting 3D' into Mr, Baar's property. The road may never need
widening given projected usage. Should widening be required due to Meadows
expansion, the widening should occur to the east away from the numerous
houses on the west of Meadows Road. In addition, large trees, utilities, and a
ditch are in the west R~O-W. These uses would remain in the 18' right-of
way or would be protected by the 25' zoning setback requirement which is
measured from the right-of-way. It is important to note that at the entry
to Meadows Road, a townhouse project is located only 16' off the existing
road pavementt thereby preventing road widening to the west.
The Baar property is zoned R-15 and consists of 39,743 s.f. A single family dwelling
of 3,000 s.f. exists on the site which allows by right a duplex up to about 6,000 s.!.
plus decks, carports, etc. Mr. Baar would like to sell a lot for a single family homesite
rather than build a large duplex structure which he feels would be incompatible with
the neighborhood. The 30' right-of-way is deducted from necessary lot area requirements
causing extreme practical difficulties in separating a 15,000 s.f. lot. A vacation
of 12' of right:-of-way would enable the creation of a separate usable lot.
1.B Site survey is attached as part of subdivision exemption plat.
2.
2.A
2.B
Review criterea
Circulation: Present circulation and access patterns will remain, Future
road widenings would be needed only upon the Headows development expansion.
The Meadows property is to the east of the Baar property and appropriate
right-of-way could be obtained from them at that time.
.':?'
Street Maintenance: The partial right-of-way vacation will not affect
present street maintenance or snow removal.
i
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Page Th'O
AUGust 9, 1985
2,C
Utilities: Present utility easements will remain.
2. D
Enforcement: No problems exist for traffic control, police or fire
personneL
2.E Expansion: A single family house would not require G.1-!.P. approval, nor
does a subdivision exemption. The vacated right-af-way will not 1:2
built on due to the 25' front yard setback requirement measured (om
the stTeet right-of-way. Right-of-way is not deducted from EA~ Jr
single family homes.
2. F Income Space: No commercial income producing space "'1i11 be created.
2.G Adopted Plans: The partial vacation is cJnsistent with adopted plar,s for the Cic'
l,H Benefit: The City of Aspen has not used the 12' for roadway purposes.
Utility uses will remain. Mr. ,:aar granted this right-of-way to
the City almost 20 years ago. At that time, the right-of-way was not
counted against lot area r'~quirement~:.
The ;~rowth of residential uses along the west side of Meadows Road has
eff~c:tively precluded road expansion t<..' the ';-.~est side. Nr. Baar feels
this partial vacation to be a fai~ reasonabl~ resolution to a severe
personal hccrdshiu.
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MEMORANDUM
RE:
City Attorney
City Engineer
Steve Burstein, Planning Office
Barr Subdivision Exception/Street Vacation
Case No. 0 22A- 85
TO:
FROM:
DATE:
July 18, 1985
==========================::;=;::::;=======================,:::===============
Attached for your review and referral comments is a~ application
submi tted by Curtis and Trudy Barr requesting approval of exemption
from growth management and subdivision exception for the purpose of a
lot split pursuant to Section 20-19. In addition, the applicant is
requesting approval for vacation of a street right-of-way. Please
review this application and return your comments to the Planning
Office no later than August 5, 1985 in order to give this office
adequate time to prepare for the scheduled hearing of this matter
before the Planning Commission on August 20, 1985.
Thank you.
OWNERSHIP AND ENCUMBRAN~REPORT
Made For: Hal Clark '
STEWART TITLE OF ASPEN, INC.
I
~_29AB
f"""'\
$100.00
HEREBY CERTIFIES from a search of the books in this office that the owner of
Lot 1
BAAR SUBDIVISION
Situated in the County of Pitkin, State of Colorado, appears to be vested in the name of
Curtis K. Baar and Trudy W. Baar
and that the a~ove described property appears to be subject to the following:
A Deed of Trust dated October 13, 1958, executed by Curtis K.
Baar and Trudy W. Baar, to the Public Trustee of Pitkin County,
to secure an indebtedness of $25,000.00, in favor of Emil
Diemoz and Anna Diemoz, recorded C :ober 28, 1958 in Book 185
at Page 380 as Reception No. 1071:
A Deed of Trust dated April 22, 1985, executed by Curtis K.
Baar and Trudy Baar, to the Public Trustee of Pitkin County, to
secure an indebtedness of $25,916.67, in favor of Anna Diemoz,
recorded April 24, 1985 in Book 485 at Page III as Reception
No. 267725.
EXCEPT all easements, right-of-ways, restrictions and resetvations of record.
EXCEPT any and all unpaid taxes and assessments,
This report does not reflect any of the following matters:
1) Bankruptcies which, from date of adjudication of the most recent bankruptcies, antedate the report
by more than fourteen (14) years.
2) Suits and judgments which, from date of entry, antedate the report by more than seven (7) years or
until the governing statute of limitations has expired, whichever is the longer period,
3) Unpaid tax liens which, from date of payment, ".,tedate the report by more than seven (7) years.
Although we believe the facts stated are true, this l Jtificate is not to be construed as an abstract of title,
nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Stewart Title of Aspen,
Inc" neither assumes, nor will be charged with any financial obligation or liability whatever on any state-
ment contained herein.
,16th
Dated at Aspen, Colorado, this
May
day of
A.D, 1985 at 8:00 A.M.
:~wt:JJ?JP
Authorized Signature
Stewart Title Form OEZ 10/82
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