HomeMy WebLinkAboutcoa.lu.ec.240 Lake Ave-Bennis Lot Split.015A-84
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The Planning Of-fice
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1'0 Whom it May Concern:
I am slJbmitting fo~ a
R-6. SF 601)0. SW Unit
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f:~.)< C:E~pT.l on
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4500) and GMP E)(emption (Section
T~le prope~ty to be excepted is tile BE 1/2 lot 12, lots 13~
14, 15 bloc~( 103~ Hallam~s addition located at 240 Lake Ave
'!::.l"'l>:::: L,;.J(~:'~";t E:nd!\ .;;;l.iJP("C);.;imiD.t(.::.:ly ~,;:~:!.,5fZ6 ~sq" +t.:" Th;::.:,.\ .::!::.\....;;~;:!.c..,
would allow fOI~ a 9,000 sq. ftM lot on the w8ster"n half of
th~~~ F"I"'c:)PE.!(""t:'/',. HCip!;:?:fully thi~::i v.j':::luld ,:j.llc)~^J fCIJ.... t.he;: '~:ii:"1E"IJ.
1...! f;;~ !,n b c:: J'~' t 13,::":1. Y F,;\ I'"' h C) u: S::;. \'0 Ci nth ~:~ c" 1. ;:: ~I ,f;rlllJ :5 q ~ .f -1.::." pic; C I"::? t., CJ )''', .70',
sold modestly enoug~l to allow f(Jr' its restoraticln.
{.~ltt'.EJ.ch':..:'cl pl,::::~::;.s3E~ i::i.nc! CfI\/ c:hE'ck .fell" the,:- ,~?r.mcunt 0+ ~:~i;<'''hu.nl.::!i'n~~:'d
and eighty dollar's (680~OO)~ a Title Insurance Commitment
~:tnCi lot dC::-:~;Cj":i.pt:i.c>rl~ ,:;";tnc:! t:hJ"(;~E: CCip1.C!S c-f a s~'U.!'-VE\Y j,nc::i.c:<','f.:lf'i'~1
the lot arId its proposc(j divisiclil~
Tha!1~:~VOU fClr Your 2ttention~
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MEMORANDml
TO: RICHAItrlGRICE;PLAlfflING OFFICE
FRml:
JAY HAMMOND, ASSISTANT CITY ENGINEER 111 (!.ll
APRIL 26, 1984
DATE:
RE:
BENNIS SPECIAL REVIEW
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Having reviewed the above application for subdivision exception
to permit a lot split and GMP exemption, the City Engineering
Department would offer the following comments:
1. Subdivision exception approval should be subject to submission
of an adequate lot split plat with all appropriate approval
certificates, a vicinity map, etc., for review by this
office prior to recordation.
2. Approval should also be subject to the applicant joining
. any improvement district pursuant to our standard language.
JH/co/BennisSpecialReview
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,ASPEN I PITKtN co.
,RANNlNG OfFICE
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,SPEN
TO:
Richard GriCe~ning
City Attorn~
May 4, 1984
Office
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~I\i MAY 41ao.4 UIJ
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ASPEN I PITKtN CO. j
PlANNING OffiCE ,Ii
MEMORANDUM
FROM:
DATE:
RE:
Bennis - Special Review (lot split)
I have reviewed your memorandum of April 18, together
with the March 29, 1984 application by Clurie Bennis, and
the attached copy of the improvement survey for the
property, and have the following comments:
1. The City record should reflect a formal grant of
exemption from the GMP quota under Sec. 24-11.2(d).
2. A statement of exception should be submitted by
the applicant's counsel, if council approves the lot
split.
3. The applicant should verify the application on the
record (Sec. 20-19(d)), and state facts warranting the
grant of an exception (e.g. improvement of the neighborhood,
etc.). ---
4. Council will probably want the applicant's agree-
ment to join a future sidewalk improvement, etc. district
if one is formed. This could be in standard form.
5. The plat does not comply with Sections 20-15 and
20-16 (and, engineering may want to address the setbacks
of the existing structure on the larger lot to see if
conformity needs to be addressed).
6. A park dedication fee will be required under Sec.
20-l8(a) (3), for the added buildout.
All in all, it looks like a fairly routine lot split
presentation, quite similar to the Turley lot split that
was processed in late February.
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HEMORANDml
TO:
Richard Grice
Alan Richman
File: Bennis Lot Split - Case No. 015A-84
FROM:
Janet weinstein
RE:
Bennis Lot Split - Inactivation
DATE:
May 18, 1984
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Clurie Bennis called me this afternoon to inform me that her home
on the property which she was applying for a lot split on, is being
sold. The sale date is scheduled for June 19, 1984. She asked that
we consider her application to have been withdrawn unless we hear
from her after the 19th. She will call us after the 19th to let
us know if she wants the case reactivated. If it is reactivated,
the next available Council meeting date is June 25th. I have written
it in the black scheduling book as a possible agenda item pending
the call from Clurie.
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~lEr10RANDml
TO:
Aspen City Council
FROH:
Richard Grice, Planning Office
RE:
Bennis Lot Spli t
DATE:
~lay 14, 1984
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LOCATION:
A 21,576 s.L parcel being the SE 1/2 of Lot 12, Lots
13, 14, 15, Block 103, Hallam's Addition (240 Lake
Avenue)
ZONING:
R-6
APPLICANT'S REQUEST:
A subdivision exception for the purpose of a lot split and a GMP
exemption permitting construction of a single-family house on a newly
formed lot.
REFERRAL COMMENTS:
The City Attorney's Office commented that the City record should
reflect a formal grant of exemption from GMP quota under Section
24-11.2(d); a Statement of Subdivision Exception will be required
if the lot split is approved; the applicant should verify the application
on the record (Section 20-19[d]) and state facts warranting the grant
of an exception; applicant should agree to join future improvement
districts; the plat must comply with Section 20-15 and 20-16; and
the applicant is allerted that there will be a park dedication fee
at the time of construction.
The City Engineering Department made the following points:
"1. Subdivision exception approval should be subject to submission
of an adequate lot split plat with all appropriate approval
certificates, a vicinity map, etc., for review by this
office prior to recordation.
2. Approval should also be subject to the applicant joining
any improvement district pursuant to our standard language."
PLANNING OFFICE R~Imq:
The minimum lot area requirement in the R-6 zone is 6,000 s.L The
total size of this parcel is 21,576 s.f., and the resultant lot sizes
after subdivision will be 12,576 s.f. and 9,000 s.f.
A subdivision exception, pursuant to Section 20-19 is appropriate
for this division of land. The shortened procedure allows the property
owner the reasonable use of his land and the enjoyment of a substantial
property right. The granting of the exception will not be detrimental
to the public welfare or injurious to other property in the area.
The development of the subsequent lots will be limited to single-
family dwellings, unless an exemption is received for an employee
unit or a free-market unit is granted through Residential GMP competition.
A GMP exemption is being requested pursuant to Section 24-11.2(d)
for the construction of one single-family dwelling. This is allowable
since the lot is being formed after November 14, 1977, and this parcel
meets the conditions of:
1. The tract of land which was subdivided had a pre-existing
dwelling unit;
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2. No more than two lots are being created by the subdivision;
and
3. The lot under consideration has not previously been the
subject of an exemption from GI1P provisions or a "lot split"
exception or exemption pursuant to Section 20-19.
PLANNING OFFICE RECOMMENDATION AND COUNCIL ACTION:
The Planning Office recommends the following action:
"I move to approve subdivision exception for the purpose of
a lot split of the parcel described on the "Bennis Subdivision"
plat and to further approve 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 conditions:
1. Applicant must record a Statement of Subdivision Exception
which is approved as to form by the City Attorney's Office.
2. Applicant must agree to join any future improvement districts
in the event they are formed.
3. The subdivision plat must conform to Section s20-15 and
20-16 and be approved by the City Engineering Department
prior to recordation.
4. A park dedication fee will be required for construction
of the new house.
..,....."
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MEMORANDUM
RE:
City Attorney
City Engineer
Janet Weinstein, Pla,l}nJng Office
Bennis - Special Review
TO:
FROM:
DATE:
April 18, 1984
===============================,::;====,;:=?====~::::,===::~,=.;::::::::,::::==,::::::::=:===::::,::::::=:::=====~=,::::::~~=
Attached for your review is an application submitted by C1urie Bennis
requesting subdivision exception and GMP exemption in order to split
a lot 10cate<3 at 240 L.akeAv~l}u~ JI}~heW~s~Ell~(Hal1am's Addition)
into two parcels, one 9, ,OOOsq-' n:and the other 12,576' sq- ft-
Please review this mat!!riCil an.drettu;1} your referral comments to
Richard Grice of the, Planning 6Hfce ~no later than April 30, 1984,
in order for Richar<3 tOha'l!!adequate time to prepare for its presentation
before City Council on May 14, 1984.
Thank you-
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EXHIBIT "A"
PARCEL 1
All of Lots 13, 14 and 15, Block 103, HALLAM'S ADDITION to
the City and Townsite of Aspen, Colorado.
PARCEL 2
Lot 12, Block 103, HALLAM'S ADDITION to the City and
Townsite of Aspen, Colorado, EXCEPTING THEREFROM: A tract
of land being the Northwesterly 1/2 of Lot 12, more fully
described as follows:
Beginning at the most Westerly corner of said Lot 12,
thence around a curve to the left with a radius of 483.05
feet, a distance of 25 feet (the chord of which curve bears
S. 23'11'30" E. 25 feet); thence N. 65'19'30" E. 125 feet;
thence around a curve to the right with a radius of 385.05
feet, a distance of 18.53 feet (the chord of which curve
bears N. 23':11'30" W. 18.53 feet); thence S. 68'17'30" W.
125 feet to'the point of beginning.
PARCEL 3
A tract of land in the NE1/4 of the SE1/4 of Section 12,
Township 10 South, Range 85 west of the 6th P.M., said
tract is more fully described as follows:
Beginning at the m05t Easterly corner of Lot 15, Block 103,
Hallam's Addition to the City and Townsite of Aspen,
Colorado, thence N. 44'34' E. 33.50 feet; thence N.
50'03'30" W. 127.32 feet to the point on the Northeasterly
line of Lot 12 of said Block 103; thence around a curve to
the left with a radius of 358,05 feet, a distance of 129.71
feet along the Northeasterly lines of Lots 12, 13, 14 and
15 0 f s aid B I 0 c k 103 tot he t rue poi n t 0 f beg inn i n g, the
chord of said curve bears S. 35'03' E. 129.01 feet.
Together with al I improvements situate thereon.
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t,vMMITMENT FOR TITLE:INSURAN,-,,,, ..
ISSUED BY
Transamerica Title Insurance Company
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Coates, Reid & Waldron
720 E. Hyman
Aspen, Co 81611
Attn: Kay Reid
L
Your Reference
Bennis
No. 7308021
C
Sheet 1 of_
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AMOUNT
t.b.d.
PREMIUM
$ t.b.d.
$
$
$
$
$
COMMITMENT TO INSURE
Transamerica Title Insurance Company, a California corporation, herein called the Company, for a
valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Schedule A, in favor of the proposed insured named in Schedule A, as owner or mortgagee of the estate or
interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums
and charges therefor; all subject to the provisions of Schedules A and B and to the conditions and stipula-
tions attached.
Customer Contact:
Phone:
Don Veitch
925-1766
The effective date of this commitment is l'larch 22
At which time fee title was vested in:
.J
OWNER $
MORTGAGE $
ADDITIONAL CHARGES
COST OF TAX CERTIFICATE
SURVEY COSTS
AUTHORIZED SIGNATURE
CLURIE BENNIS AS TO THAT INTEREST ACQUIRED BY DEED RECORDED IN BIXlK 285 at
PAGE 293; and CLURIE W. BENNIS AS TO THAT INTF..REST ACQUIPED BY DEED RECORDED
IN BIXlK 449 Nr PAGE: 243.
SCHEDULE A
1. Policies to be issued:
(A) Owners': to, be determined
TOTALS
CC's To:
By
VINCENT J. HIGENS
(B) Mortgagee's:
Form No. c.U2.1 Rev. 7.1-81
,19~at 7:00 A. M.
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SCHEDULE A-Continued
2. Covering the Land in the State of Colorado, County of Pitkin, City and Ta.-msite of Aspen,
Described as:
'PARCEL 1
All of Lots 13, 14 and 15, Block 103, HALLAM'S ADDITION to the City and Townsite of
Aspen, Colorado
PARCEL 2
Lot 12, Block 103, HALLAM'S ADDITION to the City and Townsite of Aspen; Colorado,
EXCEPTING THEREFROM: A tract of land being the Northwesterly 1/2 of Lot 12, more
fully described as follows:
Beginning at the IOOst Westerly corner of said Lot 12, thence around a curve to the
left with a radius of 483.05 feet, a distance of 25 feet (the chord of which curve
bears S. 23011'30" E. 25 feet; thence N. 65019'30" E. 125 feet; thence around a
curve to the right with a radius of 385,05 feet, a distance of 18.53 feet (the chord
of which curve bears N. 23011'30" W. 18.53 feet); thence S. 68017'30" W. 125 feet
to the point of beginning.
PARCEL 3
A tract of land in the NE~ of the SE~ of section 12, Township 10 South, Range 85
West of the 6th P.M., said tract is more fully described as follows:
Beginning at the most easterly corner of Lot 15, Block 103, Hallam's Addition to
the City and TOwnsite of Aspen, Colorado, thence N. 44034' E. 33.50 feet; thence
N. 50003'30" W. 127.32 feet to the point on the Northeasterly line of Lot 12 of
said Block 103; thence around a curve to the left wi.th a r~dius of 358..05. feet, a
distance of 129.71 feet along the Northeasterly lines of Lots 12, 13, 14 and 15
of said Block 103 to the true point of beginning, the chord of said curve bears
S. 35003' E. 129.01 feet.
Form No. 0.142.2
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SCHEDULE A-Continued
REQUIREMENTS
3. The following are the requirements to be complied with prior to the issuance of said policy or policies.
Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule
B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of clerk
and recorder of the county in which said property is located.
A. Co=ection deed from: Warren G. Bennis also known as \'larren Bennis
,To : Clurie Bennis also known as Clurie W. Bennis
Note: this requirerrent is made because of the narre variance of Warren G.
Bennis in the deed to him and Warren Bennis in the deed from him,
reference is made to both deeds in the vesting of this romni:brent.
B. Any other requirerrents or exceptions which may be made when we are supplied
with the narre of the party to be insured.
C. COIll'liance with the City of Aspen Real Estate Transfer Tax Ordinance, if
applicable for the :irrpending transaction.
Form No. C-142.3
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SCHEDULE B
THE POLICY OR POLICIES TO BE ISSUED HEREUNDER WILL NOT INSURE AGAINST:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a
correct survey and inspection of the premises would disclose and which are not shown by the public
records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, im-
posed by law and not shown by the public records.
5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer
service, or for any other special taxing district.
6. Right of the proprietor of a vein or lode to extract and rerrove his ore therefran,
should the sane be f01,md to penetrate or intersect the premises hereby granted,
as reserved in the United States Patent recorded June 8, 1888 in Book 55 at
Page 2.
Fonn No. C-142.4 Rev. 4-18-75
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Transamerica Title Insurance Company
Arapaho. Douglas
2000 West Littleton Boulevard
Littleton. Colorado 80120
(OOS) 795-4000
larimer
151 West Mountain Avenue
Fort Collins. Colorado 80521
(303) 493-6464
.
.
Denver. Adems
1800 LaWrence Street
Denver, Colorado 80202
{303l291-4800
Me..
531 Road Avenue
Grand Junction, Colorado 81501
(303) 234.8234
.
.
Boulder
1317 Spruce Street
Boulder Colorado 80302
(303) 443-7160
Pitkin
601 East Hopkins Street
Aspen. Colorado a1811
{OO3l 925-1768
.
.
Eagle
0020 Eagle Road
EagleNail, Colorado 81658
(303) 949-5613
Pueblo
627 North Main Street
Pueblo, Colorado a1003
(303) 543-~51
.
.
.
EIP..o
418 South Weber Street
Colorado Sprinos. Colorado 80903
(303) 634-3731
Routt- Jackson
507 Lincoln Street
Steamboat Springs, Colorado 804n
(303) 879-1811
.
Jefferson
ta7Searr Street
Lakewood. CoIOf'ado 80215
(303) 231-2800
Weld
91 B Tenth Street
Greeley, Colorado 80631
(303) 352-2283
Transamenca
Title Services
CONDITIONS AND STIPULATIONS
Please read carefully
1. This is a Commitment to issue one or more policies of title insurance in our Standard Form when the
requirements set forth in the Commitment have been satisfied. The policy is available and should be
examined before this Commitment is used if there is any question about coverage.
2. Only the policies shown are committed to. If there are any changes in the transaction, order an
amendment from us.
3. The date on this Commitment is important. Nothing after that date has been considered by us.
4. This Commitment is good for 6 months only. Extensions should be ordered from us if they are
needed.
Form No. C-l42.A Rev. '1-1-81