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HomeMy WebLinkAboutcoa.lu.ec.Beck Lot Split rJ. ........ .................... '" .ASELOAD SUMMARYSBEET /~~~ :~~~~~~tT~?~ City of Aspen J~~/O~ PROJEcr NAME: (JjtCI< -IJYt (J[Jh:C .xJ~~ APPL ICANT: Applicant Addre~Phone: ~ ~~~~~~~~~~~~:Wd~~~Ph~~~1 mf1A't). 0 A[;)~MJf{~ f(!0/! I , Type of Application: n , _ 1. GMP/SUBDIV IS ION/PUD (4 step) Conceptual Submission prelimi nary PI at Fi nal PI at ($2,730.00) ($1,640.00) ($ 820.00) II. SUBDIVISION/PUD (4 step) I Ill. 1z IV. Conceptual Submission Preliminary Plat Final Plat ($1,900.00) ($1,220.00). ($ 820.00) ($1,490 .00) ~b<6D, (@) EXCEPTION/EXEMPTION/REZONING (2 step) SPECIAL REVIEW (1 step) Special Review Use Determination Condi ti onal Use Oth er : -------------------------------------------------------------.------- -------------------------------------------------------------------- @ CC MEETING DATE: 'fV\A.,\ .g... . PUBLIC HEARING: ~ ~ ~===========~~:~=!~!~::~~:=====~~::::=;~=:;;::::==~~====~=~;~~~,\ REFEJRALS: ~City Atty _ Aspen Consolo S.D. ~ School District ~ City Engineer _ Mtn. Bell ____ Rocky Mtn. Nat. Gas ____ Housing Dir. ____ Parks DepL ____ StateHwy Dept (Glenwd) Aspen Water ____ Holy Cross Electric --r StateHwy Dept (Gr.Jtn) ____ City Electdc ____ Fire Marshall ...::L... Bldg: Zoning/Inspectn ____ Envir. Hlth. _ Fire Chief ____ Other: . ----------------------------------------------~?---------r- - -- ;~;~-;~~;i~G~-------~-----~--;~T~-;O~;~;~---~- - ---~-iN~i~~~- / -- ____ City Atty ,/ City Eng' neer - .,Y Building Dep . Other: _ Other: FILE STATUS AND LOCATION: CASE DISPOSITION: " ....../;:;;~(..., ( r,5, &Z ) . "- -----" ."...."\.. ~.~, .-\' ., \ City / .\~\"-::,(') r"""\ Counci . Revie\~cd by: ,.. 0",--,,- '-Z', _ -' .1>.0,0- {"" Ji,",-, .. J \ '\, ". -I 'j Revie\olcd By: i".spen P&Z ,e-- _______ " City Council \ ./ "::\"._I"'_L ~ i\'\i)I' ^ ,.\ .j .\ "\ \ \. " ' \\, C;\.( \:"\\c"" 1(/li'\ I '.) ....... RECOMMENDED MOTION: "Move to grant approval of a subdivision excep- tion per Section 20-19 for the purposes of a lot split and a GMP exemption per Section 24-11.2(d) for the construction of a single-fam- ily house on the newly-formed lot with the following condition: 1. The following items be added to the plat prior to recorda- tion: a. Legal description; b. Location of existing trees; c. Location of water, gas and electric meters; and d. Language stating that no further subdivision may be granted for these lots nor additional units be built without receipt of applicable approvals pursuant to Chapter 20 and an allocation pursuant to Section 24-11.1. ~ I"') MEMORANDUM FROM: Aspen City Council Hal Schilling, City Manag~ Alan Richman, Planning Office Beck Lot Split May 28, 1985 ~ TO: THRU: RE: DATE: ================::::=.::::::::::::======================= ==================::::====== ,...........,...n...,_.,,,...,_,."...h.. ............... ..."...., ,...... ,_ ,.', _,' .. ,._,..',.... .".,'.....,...,.".,.,.,.".......... ....... SUMM,ARY: The Planning Office recommends that Council grant subdivi- sion and growth ma~agement exemption for the Beck Lot Split. PREVIOUS COUNCIL ACTION: None. LOCATION: Lots F, G, H and I, Block 34, City and Townsite of Aspen 407 W. Smuggler ZONIR;: R-6 APPLICANT'S REQUEST: The Applicant is requesting a subdivision exception pursuant to Section 20-19 of the Munic:ipal Code for the purpose of a lot split and an exemption from GMP procedures for the construction of a single-family house on the newly-formed lot as per Section 24-11.2(d). PLANNING OFFICE REVI.~W:The request for a lot split proposes the subdivision of four original townsite lots into two parcels of 6000 s. f. each. The subdivision will be along the original townsite lot lines. It is unnecessary for the split to proceed through the full subdivision process because of no particular land use impacts, hence the request for an exception from full subdivision. The criteria of Section 24-11.2(d) for a GMP exemption are as follows: (d) The construction of one single-family residence on a lot subdivided after November 14, 1977, where the following condi- tions are met: (1) The tract of land which was subdivided had a preexisting dwelling unit; (2) No more than two (2) lots were created by the subdivi- sion; (3) The lot under consideration, or any part thereof, was not previously the subj ect of an exemption under th.e provisions of this section or a "lot split" exception or exemption pursuant to section 2Q-19; ~ f'1 (4) A subdivision plat is submitted and recorded by the applicant after city approval indicating that no further subdivision may be granted for these lots nor additiona:I. units be built without receipt of applicable approvals pursuant to Chapter 20 and an allocation pursuant to section 24-11.1; (5) The application was reviewed by the city council at a public hearing held pursuant to the standards of sections 24-l2.5(c)(1) and (2)." These criteria are met by this application in the following ways: 1. A dwelling unit exists on Lots H and I; 2. Only two (2) lots are being created; 3. No previous exemption has been granted; 4. This language must be added to the plat and will be a condition of approval; 5. This will be reviewed by City Council as outlined. The two lots conform to the subdivision standards of Chapter 20 of the Aspen Municipal Code and no non-conformities are 0 being created. The property is fronted by a dedicated street and all utilities are available. ADVISORY COMMITTEE VOTE: The Planning and Zoning Commission voted 4-,0 in favor of the applicant's request at their regular meeting on May 7, 1985. RECOMMENDED MOTION: "Move to grant approval of a subdivision excep- tion per Section 20-19 for the purposes of a lot split and a GMP exemption per Section 24-l1.2(d) for the construction of a single-fam- ily house on the newly-formed lot with the following condition: 1. The following items be added to the plat prior to recorda- tion: a. Legal description; b. Location of existing trees; c. Location of water, gas and electric meters; and d. Language stating that no further subdivision may be granted for these lots nor additional units be built without receipt of applicable approvals pursual'll::to Chapter 20 and an allocation pursuant to Section 24-11.1. 2 "# ~ ,-.." r) 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 AND REQUEST FOR GRANT OF EXEMPTION FROM GROWTH MANAGEMENT QUOTA SYSTEM ALLOCATION PROCEDURES Pursuant to ~20-19(c), BECK INVESTORS, LTD, a limited partnership (hereinafter referred to as the "Applicant"), 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 subdivision approval for the division of the property described on the lot split plat filed herewith into two parcels as described on the lot split plat. 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. Pursuant to ~24-11.2(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 Council formally grant to Applicant an exemption from the Growth Management Quota System 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, steep topography 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. , ~ n b. The proposed lot split is located in the central residential core of the City of Aspen and thus conforms with growth patterns and does not necessitate any extension of utilities or public services. applicable zoning of Aspen and laws c. This subdivision conforms with all ordinances or other ordinances of the City 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 Lots F, G, H and I, Block 34, City of Aspen, County of Pitkin, State of Colorado. 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 proposed lot split. 4. Adjacent Property Owners. Attached hereto is a list of the names and mailing addresses of the owners of the adjacent properties prepared by Stewart Title of Aspen, Inc. 5. Zoning. The lot split plat indicates the property is presently zoned R-6. Dated this ~~ day of /1"'1'-<-/1 , 1985. Respectfully Submitted LAW OFFICES OF GIDEON I. KAUFMAN, P.C. By~r Beck Lot Split/LOTSPL - 2 - ~ n e/~ MEMORANDUM TO: THRU: Aspen City Council Hal Schilling, City Manager FROM: Alan Richman, Planning Office t\f" RE: Beck Lot Spli t May 28, 1985 DATE: --------------------------------------------------------------------- --------------------------------------------------------------------- SUMMARY: The Planning Office recommends that Council grant subdivi- sion and growth management exemption for the Beck Lot Split. PREVIOUS COUNCIL ACTION: None. LOCATION: Lots F, G, H and I, Block 34, City and Townsite of Aspen 407 W. Smuggler ZONIli2: R-6 APPLICANT'S REQUEST: The Applicant is requesting a subdivision exception pursuant to Section 20-19 of the Municipal Code for the purpose of a lot split and an exemption from GMP procedures for the construction of a single-family house on the newly-formed lot as per Section 24-l1.2(d). PLANNING OFFICE REVIEW: The request for a lot split proposes the subdivision of four original townsite lots into two parcels of 6000 s.f. each. The subdivision will be along the original townsite lot lines. It is unnecessary for the split to proceed through the full subdivision process because of no particular land use impacts, hence the request for an exception from full subdivision. The criteria of Section 24-l1.2(d) for a GMP exemption are as follows: (d) The construction of one single-family residence on a lot subdivided after November 14, 1977, where the following condi- tions are met: ' (1) The tract of land which was subdivided had a preexisting dwelling unit; (2) No more than two (2) lots were created by the subdivi- sion; (3) The lot under consideration, or any part thereof, was not previously the subject of an exemption under the provisions of this section or a "lot split" exception or exemption pursuant to section 20-19; - ...,'~. r"") r-, (4) A subdivision plat is submitted and recorded by the applicant after city approval indicating that no further subdivision may be granted for these lots nor additional units be built without receipt of applicable approvals pursuant to Chapter 20 and an allocation pursuant to section 24-11.1; (5) The application was reviewed by the city council at a public hearing held pursuant to the standards of sections 24-12.5(c)(1) and (2)." These criteria are met by this application in the following ways: 1. A dwelling unit exists on Lots H and I; 2. Only two (2) lots are being created; 3. No previous exemption has been granted; 4. This language must be added to the plat and will be a condition of approval; 5. This will be reviewed by City Council as outlined. The two lots conform to the subdivision standards of Chapter 20 of the Aspen Municipal Code and no non-conformities are being created. The property is fronted by a dedicated street and all utilities are available. ADVISORY COMMITTEE VOTE: The Planning and Zoning Commission voted 4-0 in favor of the applicant's request at their regular meeting on May 7, 1985. RECOMMENDED MOTION: "Move to grant approval of a subdivision excep- tion per Section 20-19 for the purposes of a lot split and a GMP exemption per Section 24-11.2(d) for the construction of a single-fam- ily house on the newly~formed lot with the following condition: 1. The following items be added .to the plat prior to recorda- tion: a. Legal description; b. Location of existing trees; c. Location of water, gas and electric meters; and d. Language stating that no further subdivision may be granted for these lots nor additional units be built without receipt of applicable approvals pursuant to Chapter 20 and an allocation pursuant to Section 24-11.1. 2 - ~." ,- ~, , APPLICATION FOR LOT SPLJ1' 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 AND REQUEST FOR GRANT OF EXEMPTION FROM, GROWTH MANAGEMENT QUOTA SYSTEM ALLOCATION PROCEDURES Pursuant to ~20-19(c), BECK INVESTORS, LTD, a limited partnership (hereinafter referred to as the "Applicant") , 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 subdivision approval for the division of the property described on the lot split plat filed herewith into two parcels as described on the lot split plat. 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. EXENPT FROM GROWTH MANAGE~:ENT QUOTA SYSTD~ ALLOCATION PROCEDURES. Pursuant to S24-11.2(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 Council formally grant to Applicant an exemption from the Growth Management Quota System 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, steep topography 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. ,-? ,..-., 1 ..;..:,... b. The proposed lot split is located in the central residential core of the City of Aspen and thus conforms with growth patterns and does not necessitate any extension of utilities or public services. applicable zoning of Aspen and laws c. This subdivision conforms with all ordinances or other ordinances of the City 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 Lots F, G, H and I, Block 34, City of Aspen, County of Pitkin, State of Colorado. 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 proposed lot split. 4. Adjacent Property Owners. Attached hereto is a list of the names and mailing addresses of the owners of the adjacent properties prepared by Stewart Title of Aspen, Inc. 5. Zoning. The lot split plat indicates the property is presently zoned R-6. Dated this ~~ day of !1hrt<..-[-\ , 1985. Respectfully Submitted LAW OFFICES OF GIDEON I. KAUF~iliN, P.C. By ~Ar { Beck Lot Split/LOTSPL ~ 2 - I"J t""'"") MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Colette Penne, Planning Office Beck Lot Split Nay 7, 1985 RE: DATE: ======================================~=============~=~?~=========~== LOCATION: Lots F, G, H and I, Block 34, City and Townsite of Aspen 407 w. Smuggler ZONING: R-6 APPLICANT' S ~EOUEST: The Applicant is requesting a subdivision exception pursuant to Section 20-19 of the Municipal Code for the purpose of a lot split and an exemption from GMP procedures for the construction of a single-family house on the 0 newly-formed lot as per Section 24-ll.2(d). PLANNING OFFICB REVIEW: The request for a lot split proposes the subdivision of four original townsite lots into two parcels of 6000 s. f. each. The subdivision will be along the original townsite lot lines. It is unnecessary for the split to proceed through the full subdivision process because of no particular land use impacts, hence the request for an exception from full subdivision. The criteria of Section 24-1l.2(d) for a GMP exemption are as follows: (d) The construction of one single-family residence on a lot subdivided after November 14, 1977, where the fOllowing condi- tions are met: (1) The tract of land which was subdivided had a preexisting dwelling unit; (2) No more than two (2) lots were created by the subdivi- sion; (3) The lot under consideration, or any part thereof, was not previously the subject of an exemption under the provisions of this section or a "lot split" exception or exemption pursuant to section 20-19; (4) A subdivision plat is submitted and recorded by the applicant after city approval indicating that no further subdivision may be granted for these lots nor additional units be built without receipt of applicable approvals r; pursuant to Chapter 20 and an allocation pursuant to section 24-11.1; (5) The application was reviewed by the city council at a public hearing held pursuant to the standards of sections 24-l2.5(c) (1) and (2).n These criteria are met by this application in the following ways: 1. A dwelling unit exists on Lots H and I; 2. Only two (2) lots are being created; 3. No previous exemption has been granted; 4. This language must be added to the plat and will be a condition of approval; 5. This will be reviewed by City Council as outlined. The two lots conform to the subdivision standards of Chapter 20 of the Aspen Municipal Code and no non-conformities are being created. The property is fronted by a dedicated street and all utilities are avail abl e. PLANNING OFF! CE REC()~EtmATI;QliI:'l'l1~l?!I@I1!ng Office recommends tha,t you recommend approval of a subdivision exception per Section 20-19 for the purposes of a lot split and a GMP exemption per Section 24-11. 2 (d) for the construction of a single-family house on the newly-formed lot with the following condition: 1. The following items be added to the plat prior to recorda- tion: a. Legal description; b. Location of existing trees; c. Location of water, gas and electric meters; and d. Language stating that no further subdivision may be granted for these lots nor additional units be built without receipt of applicabl e approvals pursuant to Chapter 20 and an allocation pursuant to Section 24-11.1. CP: jlr :apz. beck 2 rJ r-') MEMORANDU/1 FROi'!: ELYSE PENNE, PLANNING OFFICE j1/,7 ELLIOTT, ENGINEERING OFF~CE~ TO: COLETTE RE: BECK LOT SPLIT DATE: APRIL 9, 1985 ------------------------------------------------------------------- ------------------------------------------------------------------- , '. .. , After having reviewed this lot split application and made a site inspection, the Engineering Department has the following comments: The lot lies in the R-6 zone. The split will create two lots, each having the minimum required area of 6000 square feet (60 feet x 100 feet). This split will not effect the compliance of the structure of Lot 2 to the side yard setback requirements. We require that these items be on the plat: -legal description -location of existing vegetation (trees) -location of water, gas and electric meters Other than these items, this department has no problems with this application~. rJ 130 asp r--J \, -' CITY SPEN MEMORANDUM DATE: April 15, 1985 TO: Colette Penne FROM: City Attorney RE: Beck Lot Split City Case No. 010A-85 APR I 6 1985 I again suggest that all applications be executed by the owners of the property in question, Qot their attorneys or representatives. Al so, please keep in mind that the appl icat ion is for an .. excep- tion" from the full subdivision process, not an exemption from the definition of subdivision. PJT/mc I il!i :: :::: "."" I B,;-;:k L9~. SNPlit w\ I C~ty Case o. '" ,--~,,-,,-., '-' -,~ I I !il Lots H and I presently have a single family dwelling ,(~~~~h,;;o.';~~"}!~S,,,~.~, , r'. ""._",_ .Ji F.A.R. and other":. zpning considerations). ' I .n'i . '-"-'-"'-"'- ,'"I i>l I!J I @j III i ~ I ! I I III I I I I . ~ .' . .. ~;:'~=;;;;:~- Str13et I .,-.... A&P&'n~~'cofDraac;~~i~::::;-I . .-.,....,-," .." III !!! ASPEN.PI'l'KIt\lQ9JQNAL BUI - DIN-.:i.1 EiEPARTM MEMORANDUM TO: Colette. PenIle, ~Lanning RE: These .lots, (F,G,H, & I) in Bl.ock 34,,"!".'il9n~!LK-::6 which requires 6000. s.q.ft. for a' building site; minilllllm lot .wid~h. ts. "gO; is fronted by a dedicated st.reet; and water, sewer, gas and"eieci:rlc.:ny'are"availabie. PN/ar offices: 110 East Hallam Street .. ..r_._,. ,... - .., "" ....:.:." :',: ,.... :,..... ..... ...,.... ...:.... <. ..,',-',' "':7~..,<::",.,,,,,:~.:"':>~i~,,,,.~,",,,:':,,,,:'-""~"''''''':~;::\'~':';""":':~""""':;;'~,"""""'''~'''-'''';:':00:<-"''"''''#"'.'',,""'~,,,,;,, .0"'~"'>:~, "'. Aspen, Colorac;l91[:1:'$,.1.1.~~'p~~~::g~7;;t. ' T I :ft1 ~ I") ;;r-- 1;" PUBLIC NOTICE RE: Beck Lot Split NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Council of the City of Aspen, Colorado, on May 28, 1985, at a meeting to begin at 5: 00 P.H., in Aspen City Council Chambers, 130 S. Galena Street, Aspen, Colorado, to consider an application submitted by Gideon Kaufman on behalf of his client Beck Investors, Ltd. The applicant is requesting of a subdivision exception for the purpose of a lot split of property located at Lots, F, G, H and I, Block 34, City and Townsite of Aspen (407 W. Smuggler). For further information, contact the Office, 130 S. Galena Street, Aspen, Colorado ext. 223. Aspen/Pitkin Planning 81611 (303) 935-2020, s/William L. Stirling Hayor, Ci ty Council of the City of Aspen, Colorado -------------------------------------------------------------------- -------------------------------------------------------------------- Published in the Aspen Times on Hay 9,1985. City of Aspen Account. ~ \; , MEMORANDUM TO: ~ Attorney /Ci y Engineer oning Enforcement Officer FROM: 'Colette Penne, Planning Office Beck Lot Spl it City Case No. 010A-85 April 1, 1985 RE: DATE: -------------------------------------------------.------------------- -------------------------------------------------------------------- Attached f9ryour review is an application submitted by Gideon Kaufman on benalf of his client Beck Investors, Ltd. The applicant is requesting exemption from the Subdivision Regulations for the purpose of a lot split of property located at Lots F, G, H and I, Block 34, City and Townsi te of Aspen (407 W. Smuggler). Please review this materLal and return your referral comments to the Planning Office no I'afer than April 17, 1985, in order for this office to have adequate time to prepare for its presentation before Aspen P&Z on May 7th. Thank you. //~~' ~ '~ .~"...,... ij n SOTtct':ty of Contract STEWAR'r TrrI..I<~ OF ASPEN, INC. 602 E. HYMAN . ASPEN, COLORADO 81611 . (303) 925-3577 March 6. 1985 Mr. Gideon Kaufman Attorney at Law 611 West Main Aspen, Colorado 81611 Dear Gideon. Enclosed please find a list of the adjacent property owners around Lots F, G, H, & I in Block 35, City and Townsite of Aspen. Although we believe the facts stated are true, this certificate 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 statements contained herein. '~ Ch a r 1 e s C. S . Executive Vice President Stewart Title of Aspen. Inc. CCS/kk ,-' .......-<:-'-" "" "" j' ,.../, 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 AND REQUEST FOR GRANT OF EXEMPTION FROM GROWTH MANAGEMENT QUOTA SYSTEM ALLOCATION PROCEDURES Pursuant to ~20-19(c), BECK INVESTORS, LTD, a limited partnership (hereinafter referred to as the "Applicant"), 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 subdivision approval for the division of the property described on the lot split plat filed herewith into two parcels as described on the lot split plat. 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. Pursuant to ~24-11.2(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 ~24-11.2(d), Applicant therefore requests that the City Council formally grant to Applicant an exemption from the Growth Management Quota System Allotment procedures for this lot split. B. LOT SPLIT COMPLIES WITH ALL APPLICABLE REQUIREMENTS OF CHAPTER 20 OF THE ASPEN MUNICIPAL CODE. subdivision. 1. Section 20-9 suitability of land for a. The subject property is not burdened by any hazards such as flooding, bad drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography 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 the central residentia,l c()reofthe ,c:ity of As:pen and thus conforms with growth patterns and does' not necessitate any extension of utilities or public services. applicable zoning of Aspen and laws c. This subdivision conforms with all ordinances or other, ordinances of" the City 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 Lots F, G, H and I, Block 34, City of Aspen, County of pitkin, State of Colorado. 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 proposed lot split. 4. Adjacent Property Owners. Attached hereto is a list of the names and mailing addresses of the owners of the adjacent properties prepared by Stewart Title of Aspen, Inc. 5. Zoning. The lot split plat indicates the property is presently zoned R-6. Dated this ~'7 day of HMc.-I1 , 1985. Respectfully Submitted LAW OFFICES OF GIDEON I. KAUFMAN, P.C. By @v1r Beck Lot Split/LOTSPL - 2 - . 1"""\ ~ " .." o/...pr-. '" CERTIFICATE OF MAILING I hereby certify that on this g~ft day of 198~ a true and correct copy of the attached Notice of ublic Hearing was deposited in the United States mail, first-class postage prepaid, to the adj acent property owners as indicated on the attached 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. . . .' ',.. ..<-. . "r-' ,'; BL6CK 34 BLOCK 35 BLOCK 41 BLOCK 42 1""'4 ~ Virginia S. Stranahap 577 E. Front St. Perrysburg, Ohio 43551 Elizabeth P. Chamberlain 420 W. Francis Aspen, Co. 81611 Jospeh Coors 100 Castle Rock Drive GOlden, Co. 80401 James Heck and Charles T. Knight P. O. Box 8416 Aspen, Co. 81611 Harriet B. Rahm P. O. Box 1376 Aspen, Co. 81611 Thomas J. and Gwendolyn Maddalone 325 North Third Aspen, Co. 81611 L. Irvine Barnhart 2121 Sage Road, Suite 333 Houston, Texas 77056 Steven and Sandra Gordon 343 E. Jefferson Blvd. Los Angeles, Calif 90011 Dolores Courshon 301 Authur Godfey Road Miami Beach, Florida 33140 Mary H. Kalmes 404 West Hallam Aspen, Co. 81611 Norman E. Neqfotist P. O. Box 2425 Aspen, Co. 81612 Comanche Land and Cattle Co. P. O. Box 22856 Denver, Co. 80222 Helmut J. and Brunhilde Schloffer P. O. Box 941 Aspen, Co. 81612 Frank and Sally Shafroth 288 Clayton Street, Suite 303 Denver, Co. 80206 Marion B. Getz P. O. Box 4737 Aspen, Co. 81612 - l", ~~ ,.~"".t. A Pi OWNERSHIP AND ENCUMlll KE REPORT - .--' 2190 T i "-- Made For: Gideon Kau f fman STEWART TITLE OF ASPEN, INC. HEREll Y CERTIFIES from a search of the books in this office that the owner of Lots F, G, H and I, Block 34, City and Townsite of Aspen County of Pitkin, State of Colorado Situated in the COUnty of Pitkin, State of Colorado, appears to be vested in the name of Beck Investors, Ltd., a Cal iforni a Limited Partnership and that the above described property appears to be subject to the following: None EXCEPT a]1 easements, right.of-ways, restrictions and reservations of record. EXCEPT any and all unpaid taxes and assessments. This report does not reOect 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 orl until the governing statute of limitations has expired, whichever is the longer period"1 I 3) Unpaid tax liens which, from date of payment, antedate the report by more than seven (7) years. I Although we believe the facts stated are true, this Certificate 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, I nc., neither assumes, nor will be charged with any financial obligation or liability whatever on any state- rncllt contained herein. Dated at Aspen, Colorado, this 13th dayof November A.D. 19 ft4 8 : 00 A. M . STEWART TITLE OF ASPEN, INC. BY ;!~dJ{ ~ 1/ Authorized Signature (' -F";'fj' F: , OP;Ztn/Q.,