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HomeMy WebLinkAboutcoa.lu.rz.216 E Hallam St.A096-01 ~ tl PUBLIC NOTICE RE: 216 E. HALLAM REWNING AND ALLEY VACATION NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, July 8, 2002, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by the Frost Property, LLC, requesting approval to rezone the northern portion of216 E. Hallam from the SCI (Service/Commercial/Industria1) zone district to R-6 (Medium- Density Residential). The Applicant also requests to vacate the adjoining alley. The property is described as Lots D & E, Block 71, City and Townsite of Aspen. For further information, contact Joyce Ohlson at the Aspen/Pitkin Community Development Department, 130 S. Galena St., Aspen, CO (970) 920-5062, iovceo@ci.~en.co.us s/Helen Kalin Klanderud. Mavor Aspen City Council Published in the Aspen Times on June 22, 2002. City of Aspen Account , , I) ASPENIPITKIN COMMUNITY DEVELOPMENT DEPARTMENT Al!reement for Pavment of City of Asnen Development Application Fees CITY OF ASPEN (hereinafter CITY) and U.S. Bank. Trustee of the Mona Frost Trust (hereinafter APPLICANT) AGREE AS FOLLOWS: I. APPLICANT has submitted to CITY an application fur Rezoninl!. Allev Vacation. and Utilization of Trail Easement for Access at 216 E. Hallam Street (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment ofan initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings andlor approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission andlor City Council to enable the Planning Commission andlor City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that io consideration ofthe CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $2.405.00 which is for ----.ll. _ hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing ofthe application mentioned above, including post approval review at a rate of $205.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issned until all costs associated with case processing have been paid. Julie Ann Woods Community Development Director APPLICANT - /. 1": Be. k'bv\o.~ <..f S f3,A;JI<.,.iJ A (/v-' e<<- F"""'f i- r/~,.~ By: Jt;, 1;.a_D. ((~ A 0,P _ u..S B K<!:-~^'" t.. iJ. R..,.-\-L. /" AU P Date: q - / :3 - 2""'" i CITY OF ASPEN By: Mailing Address: 950 Seventeenth Street Denver. CO 80202 g:\supportlforms\agrpayas.doc 1110/01 ;:: ~ ~ m N ~ 'rO :0- '" '" o 078-6140 (11/00) 0 '" ~ " >-' < or >-' 0 0 g. g. >-' !!:. w 'It '" " 0 " S- a o' ~ w . " 0- (ji 0 '" 0 " 0 " " w "' 0 '" " ~ ~ <: " ~ '0 -. '" '" 0 () - ~ :J> - os '0 " " '0 >C '" OJ OJ '" >-' '" - OJ ~ - t< !\: 0 0 '" " "- CD >-' .. "- 0 >-' .... 0 iii ;; z <r> ~ '" )> ." - 3 '" -.J 0 :... '" c: '" 0 "- 0 0 0 0 0 '1 =< o "T1 ~ "ll m z Q o en .... )> z () r )> c en o z '" o o m ;;: )> Z en .... )> en ." m z () o ~ '" ~ ~ ~ a- m ::s .. 0 ~ 0 . 0 r -u ..- ..- ..0 .. .. 0 ..0 ..- 0 0 0 0 n.J n.J .. ..- -u .... ..- 0 0 .... OJ 0 r U1 U1 .. () ::T CD n '" C III ~ ~ o !e ... -... ~N "'0 0>0 3... z o .j:::.. -...J ....>. ....>. CD ~ . ~ r'., {\ 1"""', . "....;(-€c'J. 2/51/6/ ,......; , .#' . t""\ AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SEctION 26:304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 216 E. Hallam Street , Aspen, CO SCHEDULED PUBLIC HEARING DATE: 29 Januarv ,2002 STATE OF COLORADO } ) ... County of Pitkin ) I, (F.L.) Stan Clauson (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: X Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. X Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and whi~lj. was composed of letters not less than one inch in height. Said notice was posted at least ten (10) days prior to the public hearing and was continuously visible from the ..l5.- day of January , 200L, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. X Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26:304.060(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the public hearing, notice was hand delivered or mailed by frrst class, postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by frrst class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. , 225 N MILL ST LLC A COLORADO LIMITED LIABILITY CO 2~MILL ST A CO 81611 ASPEN COMMUNITY UNITED METHODIST CHURCH 114 N ASPEN ST ASPEN CO 81611 CITY OF ASPEN 130 S GALENA ST ASPEN CO 81611 FROST MONA C/O CNB TRUST REAL ESTATE CNDT2311 PO BOX 5168 DENVER CO 80217 LIGHT HOLDINGS LLLP 733 13TH ST BOULDER CO 80302 ("'"'\ f. BOK WILLIAMG JR TRUSTEE 14023 220TH AVE NE WOODINVILLE W A 98072 SADLER PRISCILLA ANNE TRUSTEE FOR SADLER PRISCILLA A REVOC TRUST PO BOX 2989 ASPEN CO 81612 SUTTON KERMIT S & JENNY W 801 12TH AVE S STE 400 . NAPLES FL 33940 ~. f'"'1 AMATO JOSEPH A PO BOX 503 HIGHLAND MILLS NY 10930 BERKO FERENC F AMIL Y TRUST 28,835% PO BOX 360 ASPEN CO 81612 CITY OF ASPEN 130 S GALENA ST ASPEN CO 81611 GIVEN INSTITUTE REGENTS OF UNNERSITY OF COLORADO BOULDER CO 80304 MYRlN CUTIlBERT L JR 37.5% PMB 101 300 PUPPY SMITH #203 ASPEN CO 81611 PENN PAUL E PENN SUSAN W 9505 COPLEY DR INDIANAPOLIS IN 46260 SEGUIN WILLIAM L PO BOX 4274 ASPEN CO 81612 US POSTAL SERVICE WESTERN REGION SAN BRUNO CA 94099 () ASPEN CENTER FOR ENVIRONMENTAL STUDJES 100 puppy SMITH ST ASPEN CO 81611 BRUMDER WILLIAM G FLORIDA LAND TRUST 2054 FIRST WISCONSIN TRUST CO MILWAUKEE WI 53201 ELDER NELS REINHARD ESTATE OF ELDER JANET C 202 N MONARCH ST ASPEN CO 81611 HODGSON PHILIP R HODGSON PATRICIA H 212NMONARCHST ASPEN CO 81611 PACELINDAMARlE 445 N MAIN AVE SAN ANTONIO TX 78205 puppy SMITH LLC 205 S MILL ST SUITE 30 1A ASPEN CO 81611 SUTTON JENNY W 4101 CUTI.ASS LN NAPLES FL 34102 ~ /..-"., ~ \.~, \ \ ~~ "" , \ \ \ \ \------r-JV \--; ~ ! ---- 0: / 10J:1d -------... I / 7 /~ - . / /:::::..--LJ / 7 !~.. / 7 -~ ' I r ~ !Z__J ~,"j / ~ , .-'-"~.. ,<,,:,;,;,," ~ .,--..". .~.. (continued on next page) ~ Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision ofthis Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment ofa new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of; and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendmen . The foregoing "Affidavit of Notice" wt~e me this ~ day of :J.A.:>OAa...r ,200.1:, by L...." ) <C'''{ ~\ ./ \ WITNESS MY HAND AND OFFICIAL SEAL 1 1/<< I / --<OOS , / .., My commission expires: ~A4-'i . ary Public D.i-:-:l rTACHMENTS~ F THE PUBLICATION <' THE POSTED NOTICE (SIGN) , GOVERNMENTAL AGENCIES NOTICED BY MAIL /' ':::'.,.... - ---- -..'-' r---, r-,. AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE 2j~~. Hu.((Q~ . SCHEDULED PUBLIC HEARING DATE: "--..\ 01/1 ("ell II \ / r ADDRESS OF PROPERTY; , Aspen, CO >9 ,2002- STATE OF COLORADO ) ) ss. County of Pitkin ) !, Q a VV\"SS . . h) iI\ J t-. . (name, please print) being or representihg an ApplicanHo tlie'Cityof Aspen, Colorado, hereby personally certify that! have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: X-Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. _ Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable,! waterproof materials, which was not less than twenty-two (22) inc!J.es wide and twenty-six (26) inches high, and which was composed of lettel's not c7;lesstli.i\Ij-op.e inch in height. Said notice was posted at least tim (10) days :, prior' to the public hearing and was continuously visible from the da.y of "'~' ,200_, to and including the date and time of the public ~~ariri~. . A jJhotograph oj the posted notice (sign). is attached hereto. _ Mailing of notice. By the mailing of a notice obtained from ~~unity Development Department, which contains the information described in Section 26.304,Q60(E)(2) of the Aspen Land Use Code. At least ten (10) days prior to the public hearing, notice was hand delivered or mailed by first class, postage prepaid U,S. mail to all owners of property within three hundred (300) feet of the property subject to the development application, and, at least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service' district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) .;f r". Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Tiile and enactment of a new land use' regulation, or otherwise, the requirement of an accurate survey map or other slifficient legal descriptioI1 of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on sllch amendments. ~M4eJ-", ~:.Jh nature . The t~oing "Affidavit of Notice" was aCknO~d before me this 1 ,'nay of ~ ,200~by S ..' .,~'.""~"'k,,~c"POBUC ~'6TI~r'.~:' ,:'~'~ RE:216E.HA1..l.AM" NING,_',' ,.'- NOTICE1~ f1E:REBYq', " '"fn~f ~"pilbllc heanng wmbe l,1~lci 'ontl1es<ia]aimaryag, 2002, ata meeting to begin at 4; , :01. bef<!.re,.the_,A~'p.en P]aniiiil-g'ai'ld'Zoning Co 'mission, Sister, c::~tl~ Meetiri'g Roonr, City J:lall, 1, ,_,~: q.al..e,o,(l. St:. Aspen, to con~ider.,_a,n:app:lication,~l!b:rn,ltJ~~L!?Y,M.ona , Frost _'Ti'iis't:-'Te'questing'3Pproval to, 'rezone_~ct"" nOrthern -portionof)H5,E. I:Ial1all1. l':Om~he", _ (Service/ C6JjlIIiefcl~1/ 'Industrial) zone dlstrict'19 , R-6(MediumcDensity Residential). Theproperty isdisctj~d<lS.,k?~~".R,~'~L.~~~~~:,,~:~~;,~, ',~ Townsit~?fAspen.: - "",'" "" , -",_" ..e, For "further ,inlormatioI1:,!CO'ntact Joyee Ohlson at the ASpenipifK[n'~C()mmu~lty oDeve]opm~nt_. De-- partment; 130 S.G~le~a, ~t,.,~pen,CO (~.70~,92"O:: 5062, joyceo@d.~~en..co'Y~rJ~miile Tygre: Chair . .'A$pei:i'pt.;i1~1~i...-~.-l7';nl"~nl.miss:ion, Published '.in' The_ ~penA_lllTles. on,:Ja~~,ary 12, 2002.(8249)'--"""" '-, ""', '" ,'." -~'~,..oi WITNESS MY HAND AND OFFICIAL SEAL My commission expires: "If /:23/.:2CJZJ3 <;' Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTEl) NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL <. f' ,.--., A TT ACHMENT-7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF" PRQPERTY: 71b \V\ , Aspen, CO SCHEDULED PUBLIC HEARING DATE: ,200_ STATE OF COLORADO ) ) ss. County of Pitkin ) I, .~ lAA t(J <::. l--, { \ A J!- (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ~'publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is atta,ed htireto. _ Posting of notice: By posting of notice, which form was obtaine~ from the Community Development Dt;:partment, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed ofletters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from thef' day of ,200-, to and including the date and time the public hearing. A photograph of the posted notice (sign) is attached hen' to. _ lv!ailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to any federal agency, state, county, municipal government, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) .'" ("'. f' Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision . of this Title, or whenever the text of thls Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearirig on such amendments. ~ The~oing "Affidavit of Notice" was acknowledged befL ~ day of V-L- ,200~ by 3~ <S '1 ~",:::;;;;;:,J:"':".::Llt~it{~1-'~~?: ''i;:;\;j~~~t~~ONIN(j AND ALL~Y~ACA-~, Tl()N, : "'NE that a public hearin'g NOrfCE rs HEREBY G ,,' 8 2002 at a meeting win~~eJd on M?n~~,/ Yth'e ASB~nCitY Coun~ tOtJegin at 5:00 p.m. eC~r." a1'I,'130'5: Gale~~2~:',_ cil. Council, Cha~be:~=~a Yplication submitte??y' Aspen,to conslderL[CIl&'qUesting approval to theFrostProperty"",,' .', -of 216'E.liallam rezone, the northe_rn"porctlOnmercial/" Industrfal) ......... "."s"cf(qemce!' om, ' ' 'I) fr()!ll'the,., ,I.'" "'(M'" d" .DensityResident~a " " , di'"ti"ictlo R-6 ,e \urn, "h adjoin- rb~\p~l;c~'fir'~ts'O'f&1U~st~ t~c~i~:a: ~p'ts D-&, irig alley. ,The-p-rop(:rty IS". : of ASpen:': ,',---. E, Bl,ock 71,~ity a~d_:rO""'~~~tact Joyce Ohlson at For further l1:1.form~t\o~'9' 'ty Deyelcipment De: : the' Aspen/pitkin, Co" UnlAspen'CO (970) 920::- -:partin"ent,130s.Galen t., _,' , 506~,iOYC~~,~i',:~!~i~e ",U~ali~:;~:~b~t~~~~~l ~blis-he-d 'in }-he_~p~~jiin_e$~~:/;,?~,,~:~:_,~O~~. (8919) - .c." f,?;1';f;:~i!:i;'~~2:1;_ 'iVITNESS MY HAND AND OFFICIAI"SEAL M .. . tf~/")~ . y comml slon expIres: /~ Notary Public ATTACHMENTS: COPY OF THE PUBLICATION PHOTOGRAPH OF THE POSTED NOTICE (SIGN) . LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL -f , 111~1I11111111111111 :;~~~J ~~:13F SILVIA DAVIS PITKIN COUNTY CO R 56.00 D 0.00 RESOLUTION NO. 59 Series of 2002 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, AUTHORIZING THE CITY MANAGER TO EXECUTE, ON BEHALF OF THE CITY OF ASPEN, A LICENSE AGREEMENT BETWEEN THE CITY OF ASPEN, AND THE FROST PROPERTY, LLC. WHEREAS, there has been submitted to the City Council a proposed License Agreement between the City of Aspen, and the Frost Property, LLC; and WHEREAS, after due deliberation and consideration the City Council has determined that it is in the best interest of the City of Aspen to approve said license agreement and authorize . the City Manager to execute same on behalf of the City of Aspen. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, that the City manager is hereby authorized to execute on behalf of the City of Aspen a License Agreement in substantially the form as appended hereto as Exhibit A. Dated: ~ <? ,2002. I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held ~!( ,2002. ~iJC;:!~ After Recording Returo to~ I' Recording Inforrnat: City Attorney City of Aspen 130 S. Galena St. Aspen, CO 81611 1Licenge %lgreement Driveway Access - City as Grantor THIS LICENSE AGREEMENT is made and entered into this :t-4~ day of ~0Y\ A I.l V\~ 2003 by and between the City of Aspen, a Home Rule Municipality (hereinafter referred to as "Grantor"), and The Frost Property, LLC (hereinafter referred to as "Licensee"). WIT N E SSE T H: WHEREAS, Grantor is the owner of certain real property located in the City of Aspen, Pitkin County, Colorado, described as the easternmost twenty (20) feet of Lot G and C of Block 71, Original Aspen Townsite, and more fully described in Exhibit A and appended hereto (the "License Area"); and WHEREAS, Grantor is willing to grant to Licensee a license for the purposes set forth herein under certain terms and conditions; and WHEREAS, Grantee is desirous of accepting said license under the terms and conditions set forth herein. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Licensee covenant and agree as follows: 1. Grant of License. Grantor, without warranting title or interest, and subject to the terms and conditions hereinafter set forth, does hereby authorize the Licensee, its successors and assigns, to utilize the License Area for the uses as permitted herein. 2. Use. Licensee may use the License Area for privately maintained underground utilities and driveway purposes (from street to street - Hallam to N. Gannisch) (as defined below) over and across the License Area to access the Frost Lot and the Barn Lot as fully described in Exhibit B appended hereto and incorporated herein as if fully set forth (hereinafter referred to as the "Frost Lot"); subject, however, to the terms and conditions set forth herein. For purposes of this License Agreement, the term "driveway purposes" means use as a residential driveway. 3. Term. The term of this License shall be permanent and perpetual; provided, however, that the term of this License may be terminated by Grantor if a future owner agrees that the access easement is no longer required. The term shall commence upon completion of the conditions set forth at paragraph 4 below. \ II\\\II\\\IIIIIIIII\H 1II1 H\Il\ \\\11 II I" :;~~~:~~ ~~: 13F SILVIA DAVIS P'ITKIN COUNTY CO R 56.00 0 0.00 ~ 4. conditions: ~ '" " _N -" " (J) a ~~: ..- "" N M~O (j) .. III I'- &~ -to rU N ' ...... D..iSlS: " .. III '" ,.....,... ,'} Conditions. This License Agreement is specifically subject to the following a. No physical encroachments, including landscaping, shall be allowed within the License Area without the prior written consent of Grantor; provided, however, that Grantor hereby consents to and approves the installation of landscaping in the outerinost three feet (3 ') on either side of the License Area. b. No parking shall be permitted within the License Area without the prior written consent of Grantor. c. Licensee shall construct within the License Area a fourteen foot width of fine crushed gravel roadway consistent with the drawing appended hereto as Exhibit C. Said roadway shall extend to the public trail at the rear of the existing Red Brick Building and include a walkway to the Red Brick Building door on the East elevation. Said walkway and roadway shall meet all of the specifications deemed appropriate by the City Engineer and approved by the Parks Department and shall be installed prior to the issuance of a Certificate of Occupancy for the re-development of the Frost Lot. d. Before the start of any construction within the License Area, Licensee shall submit an improvement plan for the License Area to the Grantor for review and approval, including cross sections, drainage plan, placement of utilities, and any other matters reasonably deemed necessary by the Grantor. e. The improvement plan for the License Area shall demonstrate to the reasonable satisfaction of the City of Aspen Fire Chief that a fire truck can pull through the License Area and exit at the rear of the existing Red Brick Building. f. Licensee shall, at Licensee's sole cost and expense, post a sign indicating the public nature of the right-of-way and its current use as a public trail. The Grantor shall approve said sign before its installation. g. Licensee shall prepare and record a revised property plat for the Frost Lot and showing all rights conveyed to the Licensee hereunder as part of its current re-development plan for the Frost Lot, the alley vacation, the License Area, and showing any relocated easements for public purposes including, but not limited to, access, electric, water, sewer and other utility services. Said plat shall be filed with the Grantor's Community Development Department and subject to approval by Grantor. h. Licensee shall use reasonable care in construction of improvements within the License Area and agrees to take reasonable precautions to avoid damage to the surrounding land and improvements thereto, and further agrees, to the extent reasonable possible, to restore such land and improvements to their pre-existing condition. 1. Licensee shall place a sign upon the designated historic buildings on the Frost Lot served by the License Area indicating the historic nature of the 2 t7 \ \I~\\\II\ll\\\\" 1\\1\111\11\ \\\11\\\ 111I III ~;~~:~ ~i: 13F SILVHI D~VIS PITKIN COUNTY CO R 56.00 0 0.00 buildings. Said signage shall be approved by the City's Historic Preservation Officer. I I 5. Reserved Rights. Grantor reserves the right to make full use of the License Area as may be necessary or convenient. Grantor reserves the right to use the License Area including the right to access, as well as the right to operate, maintain, install, repair, remove, or relocate any of its facilities or the facilities of any utility company located within the License Area at any time and in such manner as it deems necessary or convenient. At no time shall Licensee interfere with Grantor's use of the Licensed Area or with Grantor's installations within the License Area. Licensee shall assume all risks incident to the presence of Grantor's facilities, improvements, installations, invitees, guests, or members of the public within the License Area. Nothing herein shall be construed so as to prevent Grantor from granting additional licenses or property interests in or affecting the License Area as it deems appropriate as long as such additional licenses or property interests do not interfere with Licensee's use of the License Area in accordance with the terms hereof. 6. Construction. Modification, Maintenance Within License Area. Licensee shall use reasonable means to prevent any loss or damage to the Grantor or to others resulting from the construction, modification, replacement, repair, operation, and maintenance of Licensee's installations or improvements. If, during construction, modification, replacement, repair, operation, use and maintenance of Licensee's installations and improvements, Grantor determines that damage has occurred to its facilities or the facilities of a utility company, Licensee shall, upon written notice thereof, repair or replace such damage, at Licensee's expense. Any repair or replacement of any of Grantor's installations or improvements on the License Area made necessary shall be made at the sole expense of the Licensee. Licensee shall not be responsible for damages resulting from force majeure. If the Grantor at any time during the period of this License deems it necessary to excavate in the License Area for construction, modification, replacement, repair, operation of, or maintenance of any of Grantor's facilities, which work requires the moving of Licensee's installations or improvements, costs of movement, re-installation, or replacement of Licensee's installations shall be shared by Licensee on a pro-rata basis. 7. Maintenance of Facilities and Snow' Removal Within' License Area. Licensee shall be responsible for snow removal, normal maintenance, and the maintenance of any installation, improvement (including the driveway) along the License Area. In the event that Licensee fails to maintain the License Area or remove snow as provided herein after three (3) days following written notice from Grantor, Grantor may cause the maintenance to be performed or snow to be removed, as the case may be, and bill Licensee for the costs of said maintenance or snow removal. If Licensee fails to pay said bill to Grantor within thirty (30) days, Grantor shall have the right to place a lien upon the property for the cost of such maintenance or snow removal plus an additional 10% administrative surcharge. 8. Prior Agreements. The rights and privileges granted by this License may be subject to prior agreements, easements, and conveyances, recorded and unrecorded, and it shall be the Licensee's sole responsibility to determine .the existence of any rights, uses, or installations conflicting with Licensee's use of the License Area and to resolve any such conflicts. 3 ~' r t"'"', 1111111I111 ~II SILVIA DAVIS ~ItKIN COUNTY CO 111111 479219 Page: 5 of 11 02/25(2003 02:13f R 56.00 0 0.00 9. Indemnification. (a) Licensee agrees to indemnify and hold harmless Grantor, its officers, employees, insurers, and self-insurance, from and against all liability, claims,and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, death, property loss or damages, or any loss of any kind whatsoever, which arise out of or are in any manner connected with this License, if such injury, loss or damage is cause in whole or in part by, or is claimed to be caused in whole or in part by the act, omission, error, professional error, mistake, negligence, or other fault of Licensee. Licensee agrees to investigate, handle, respond to, and to provide defense for and defend against, any such claim or demands at the sole expense of Licensee. Licensee further agrees to bear all costs and expenses related thereto, including court costs and attorney fees, whether or not liability, claims, or demands alleged are groundless, false or fraudulent. (b) To the extent permitted by law, Grantor agrees to indemnify and hold harmless Licensee, its officers, employees, insurers, and self-insurance, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, death, property loss or damages, or any loss of any kind whatsoever, which arise out of or are in any manner counected with this License, if such injury, loss or damage is cause in whole or in part by, or is claimed to be caused in whole or in part by the act, omission, error, professional error, mistake, negligence, or other fault of Grantor. Grantor agrees to investigate, handle, respond to, and to provide defense for and defend against, any such claim or demands at the sole expense of Grantor. Grantor further agrees to bear all costs and expenses related thereto, including court costs and attorney fees, whether or not liability, claims, or demands alleged are groundless, false or fraudulent. 10. Insurance. Licensee shall at all times during the term hereof, carry public liability insurance for the benefit of the City with limits not less than those specified by Section 24-10-114, C.R.S. (currently $150,000 per person and $600,000 per occurrence) as may be amended from time to time, naming the City of Aspen as additional insured. Licensee shall maintain said public liability coverage in full force and effect during the term of this License and shall furnish the City with a most current certificate of such coverage evidencing its validity. All insurance policies. maintained pursuant to' this agreement shall contain the following endorsement: "It is hereby understood that this insurance shall not be cancelled by the surety until thirty (30) days after receipt by the City, by registered mail, of a written notice of such intention to cancel or not renew." 11. Notice. Notices and other communications that may be given, or are required to be given hereunder, shall be in writing and shall be deemed given by the party when delivered personally or when deposited in the United States mail with sufficient postage affixed and addressed to such party at the respective address shown below: CITY OF ASPEN: City Manager City of Aspen 130 S. Galena St. Aspen, CO 81611 4 ~. t"""\ 1\I~mlmR ~m 1IIIIIIIiI@l~n~l~1 ~~~:~:; '" SILVIFI DFlVISPITKIN COUNTY CO R 55.00 0 0.00 LICENSEE: Camilla Auger The Frost Property, LLC 709 North Spruce Street Aspen, CO 81611 12. Remedies: Enforcement. a. Notice of Violation: Corrective Action. If either party determines that a violation of the terms of this License Agreement has occurred or is threatened, such party shall give written notice to the other of such violation and demand corrective action sufficient to cure the violation and, where the violation involves injury to the License Area resulting from any use or activity inconsistent with the purpose of this License, to restore the portion of the License Area so injured to its prior condition. b. Iniunctive Relief. If a party fails to cure the violation within ten (10) days after receipt of notice thereof from the other party, or under circumstances where the violation cannot reasonably be cured within a ten (10) day period, fails to begin curing such violation within the ten (10) day period, or fails to continue diligently to cure such violation until finally cured, the other party may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this License Agreement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, and to require the restoration of the License Area to the condition that existed prior to any such injury. c. Damages. In addition to any relief covered by paragraph 12.b above, each party shall be entitled to recover damages for violation of the terms of this License Agreement. d. Emergencv Enforcement. If a party, in its sole discretion, reasonably determines that circumstances require immediate action. to prevent or mitigate significant damage to the License Area, such party may pursue its remedies under this section without prior notice to the other or without waiting for the period provided for cure to expire. e. Scope of Relief. Each party's rights under this section 12 apply equally in the event of either actual or threatened violations of the terms of this License Agreement. A party's remedies at law for any violation of the terms of this License Agreement are inadequate and that a party shall also be entitled to the injunctive relief described above, both prohibitive and mandatory, in addition to such other relief to which such party may be entitled, including specific performance of the terms of this License Agreement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. The remedies described in this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. f. Costs of Enforcement. Each party shall bear its own costs incurred in counection with enforcing the terms of this License Agreement, including, without limitation, costs and expenses of suit and reasonable attorney's fees, and any costs of restoration necessitated by a violation of the terms of this License Agreement. 5 ~ 111(:11111111111111111 :~~~2 ~i: 13F SILVIA DAVIS PITKIN COUNTY 'CO R' '56,00 0 0.00 g. Grantor's Discretion. Any forbearance by a party hereto to exercise its rights under this License Agreement in the event of any breach of any term hereof shall not be deemed or construed to be a waiver by the other party of such term or any subsequent breach of the same or any other term. No delay or omission in the exercise of any right or remedy upon any breach shall impair such right or remedy or be construed as a waiver. h. Acts Bevond Licensee's Control. Nothing contained in this License Agreement shall be construed to entitle Grantor to bring any action against Licensee for any injury to or change in the License Area resulting from causes beyond Licensee's reasonable control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Licensee under emergency conditions to prevent, abate, or mitigate significant injury to the License Area resulting from such causes. 13.' General Provisions. a. Controlling Law. The interpretation' and performance of this Agreement shall be governed by the laws ofthe State of Colorado. b. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Agreement shall be liberally construed in favor of the grant to effect the purpose of this License Agreement. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this Agreement that would render the provision valid shall be favored over any interpretation that would render it invalid. c Severabilitv. If any provision of this Agreement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. d. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to this Agreement and supersedes all prior discussions, negotiations, understandings, or agreements relating to this Agreement, all of which are merged herein. e. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. f. Successors. The covenants, terms, conditions, and restrictions of this Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the License Area. g. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 6 ~ ~ II 111111 \\\111\ 111\\11\\11 11111 I III e1~:;; ~L3F SILVIA DAVIS PITKIN COUNTY CO R 56.00 0 0.00 h. Recordation. Licensee shall record this instrument in timely fashion in the official records of Pitkin County, Colorado, and may re-record it at any time as may be required to preserve its rights in this Agreement. IN WITNESS WHEREOF, the parties hereto have executed the foregoing on the day and year above first given. State of Colorado County of Pitkin The foregoing F.e..bn 1 ().J- Y State of Colorado County of Pitkin The City of Aspen, Grantor By: /~- Ii~M/ Title: cr1-~ /1a. ^f--- ( ) ) ) ss. 'Iff" day of SS MY HAND AND OFFICIAL SEAL. The Frost Propertv LLC By: c.. V'- s. (?r ~'r1=lH-'-- ) ) ) ss. foregoing instrument was acknowledged before me this u.o-re..... day of , by the above named Licensee. ~ ...." ?~..?tlC' (..3-........ ........ ITNESS MY HAND AND OFFICIAL SEAL. I~""" ..... lei o-f>'i;.~ \ .., ~'2..i~r ~\'I' J commlSSlOn expIres: ~1't(0.3 \. \..0 I.:~ .... /0--. 4 .... .- () sr............ v ~. -'1!E o~ otary Public JPW_12/16/200Z.0:\john\word\agr\monafrost-access-license-12-1 -OZ.doc 7 I 1\\111 \~I~\I\ 1111\\11 \11\11\ \11\\1 111\\11\ 1\11 ~ll 0;;~~~C~~~: 13, SILVIA DAVIS PITKIN COUNTY CO R. EXHIBIT A LICENSE AND UTILITY AREA An ingress, egress license of varying width crossing on the City of Aspen property situated in Block 64 and 71, of the 1959 Official Map, City of Aspen, recorded as Reception No. 109023 of the official records for Pitkin County, Colorado, said License is described as follows: Beginning at a point on the southerly boundary of said Block 71, said point being identical with the southwesterly comer of Lot "H" (sometimes referred to as Lot "N", Block 71), from which the northwesterly block comer monument of Block 72 of said Official Map bears South 65016'30" West, a distance of 116.76 feet; Thence North 75009' II" West, along the southerly boundary of said Block 71, a distance of20.00 feet; Thence departing said southerly boundary North 14050'49" East, a distance of 120.07 feet along the existing traveled way; Thence northwesterly 70.69 feet along the arc of a circular curve to the left having a central angle of 90000'00", a radius of 45.00 feet. with the long chord bearing North 30009' 12" West, a distance of 63.65 feet; . Thence North 75023'32" West, a distance of 136.54 feet al()ng the existing traveled way; Thence South 15005'35" West, a distance of 18.57 feet; Thence North 75017'52" West, a distance of 233.63 feet more or less along the traveled way through an existing parking lot to the easterly right-of-way of Garmisch Street as depicted on the 1959 Official Map, City of Aspen; Thence North 14050' 49" East, a distance of 21.84 feet along said easterly right-of-way; Thence South 74024'47" East, a distance of 199.06 feet along the traveled way through the existing parking lot; Thence North 15056'18" East, a distance of 14.00 feet; Thence 74040'52" East, a distance of 162.01 feet along the existing traveled way; Thence South 66030'08" East, a distance of 51.12 feet along the existing traveled way; Thence North 70037'24" East, a distance of 28.29 feet more or less to the northwesterly comer of the Quiet Title Decree recorded as Reception No. 470593 of the official records for Pitkin County, Colorado; Thence South 14050'49" West along the westerly boundaries of said Quiet Title Decree and the westerly lot boundaries of "D" and "H" (sometimes referred to as "N"), of Block 71, a distance of 185.49 feet more or less to the point of beginning. The basis of bearings' used for the bearings in this description was South 75009'11" East, between found original 1959 City of Aspen block comer monuments at the southeasterly comer of Aspen Street and Hallam Street and the found monument at the southwesterly comer of Monarch Street and Hallam Street, City of Aspen, Pitkin County, Colorado. THE ABOVE LEGAL DESCRlPTION WAS WRITTEN BY: Louis H. Buettner, ?L 5 0040 West Sopris Creek Road Basalt, CO 81621 972-3611 1~~'~,11\\1\'~ I\U\\I~~3;'~-J.r.,;~,. EXHIBIT B Frost Lot: Lots lettered Nand 0 (also known as H and I) in Block 71 in the City and Townsite of Aspen, Together with the southerly half of the alley vacated pursuant to Ordinance No. 20 (Series of 2002), lying northerly thereto. Barn Lot: Lots lettered D and E in Block 71 in the City and Townsite of Aspen, Together with the northerly half ofthe alley vacated pursuant to Ordinance No. 20 (Series of 2002), lying southerly thereto, Also, together with, that portion of Lot 4, Trueman Neighborhood Commercial Project described in that certain Decree Quieting Title recorded August 5, 2002 as Reception No. 470593. County of Pitkin, State of Colorado. This legal description was written by: Garret Brandt 132 Midland Avenue, Suite 4 Basalt, CO 81621 e '0 ,P- :;E2:> I ~ ~ " " ~ ~ ... ;; ~ .... Exhibit C ~" I Self . STREET ..~". / / / / / / / / .I jf pj ! /J if! s;,.' i/ s /{ / / i / / ! / / ! / / / / / / / / .L / ':;:') / / / / / / / ./! > 4 : ill : .) . "/ '. <t II -;/ / / / !::, / / if. Ii:; ./ ,,'S' r/ ;:!::- II 0.'.' / 1 'Ii!. '/' }:... . . ~/ / / .:~\ ~"'i,\ . H ii il i I ......... ......... .......... -!:!..""oo~.. ~~ ......... ~..... ---- ......... ......... -- I ; . o , , I I ~ '" " " .. "N ...'" OJ ort)~ T""" lS>' "",,,, N ....N m ..;no "- UN ,_ 01.... "'" . N 0."'", '" III on 0: MEMORANDUM "l~~' ,"' .' , '~'~''(: e;' N\}.-f . , ,;.--' V V' -, I") V"td .- ('\ \.....'/ To: Mayor Klanderud and City Council From: Joyce A. Ohlson, Deputy Director of Community Devel Thru: Julie Aun Woods, Community Development Director Date: July 8, 2002 Re: 216 East Hallam St., (Frost Property LLC)-Rezoning-2"d Reading, Public Hearing on Ordinance No. 19, Series of 2002; Alley Vacation-2nd Reading, Public Hearing on Ordinance No. 20, Series of 2002, and Resolution No.~, License Agreement for Access SUMMARY: This application is three-fold in scope. It includes the following components: 1. A request to rezone a portion of the subject parcel from SCI (Service/Commerciall1ndustrial) to R-6 (Medium Density Residential). This action is handled through adoption of an ordinance after two readings and a recommendation from the Planning and Zoning Commission. Ordinatlce No. 19, Series of2002 addresses this. . ."' .' .2. A request to vacate a portion of the public alley that bisects the subject property. This action is handled through adoption of an ordinance after two readings. Onlinance No. 20, Series of2002 addresses this. . . 3. A request to use public property for a private access and a utility service line to serve the subject property. This action would be handled through the adoption of Resolution No._ and a License Agreement for Access contained further in Council's packet. Staff Recommendation: Camilla Auger, The Prost Property, LLC Stan Clauson Associates, LLC S/C/I and R-6 6,000 sq. ft. (Front Parcel) & 2,374 sq. ft. (Rear Parcel) The Applicant is requesting to rezone a small portion of the subject property from S/C/l to R -6, vacate public alley and request access and utility easement over City property Approval with Conditions Applicant: Representative: Current Zoning: Lot Size: Request Summary: BACKGROUND: The property is located at 216 East Hallam Street and is developed with a single family dwelling. The property is designated as a historic landmark. The Red Brick School is located immediately to the west of the subject property. Along this same western boundary line is a trail/driveway which leads to an entrance door on the east elevation and r'\ " .., I) jI around the back of the Red Brick and cofuiects to a parking lot and trail behind the Red Brick. This trail traverses across the hill behind the subject property leading to the U.S. Post Office and Clark's Market area. The property is currently in review processes with both the Historic Preservation Commission (for renovation of buildings and new site development) and the Plauning and Zoning Commission (for conditional use approval for a duplex on the front lot). The project has received conceptual approval for the development by the HPC. As of this writing, the P&Z Commission has not finalized its action. Current Scenario Summary 1) The Applicant has one conforming lot (the front lot) located in the R-6 zone district and one legal non-conforming lot that is split by the R-6 and the SICII zone districts. A property with split zoning may develop to the most restrictive zoning which is SICII. In this case, the barn is considered as an accessory building, which is a permitted use in the SICII zone district and the FAR to be allocated to this rear lot containing the barn "is 2,374 sq. ft. (at a ratio of 1:1). The maximum FAR allocated to the front lot is 3,240 sq. ft. (with a potential of a 500 sq. ft. bonus). 2) The property is designated as a Historic Landmark. 3) The property is bisected by a City alley right-of-way that dead ends at the east and west property lines. 4) The rear lot of the property has no real access and is landlocked. The front parcel is not served by its own curb cut from Hallam and historically has been accessed across City land (the drive adjacent to the Red Brick). 5) The maximum build-out potential includes a unit on the rear lot and a single family residence, 2 detached dwellings or a duplex (with conditional use) on the front portion. Proposed Scenario Summary 1) The City Alley would be vacated and appropriated 50/50 to the front and rear properties, respectively. 10.63 feet for the 60 foot length of the alley would be 2 1"1 I) ;/ added to each lot and the shared lot line ",otila be relocated to the center of the alley. Each lot gains 637.8 square feet. 2) The Applicant would continue to have a legal non-conforming back lot of 3,562.8 sq. ft. in the R-6 zone district. The added square footage to the lot from the alley vacation does not allow the Applicant to gain additional FAR or density. (Section 26.480.020.C) It could, however, allow for better site planning options and meeting of setback requirements because of the changed lot lines. 3) Both the front and rear parcels would have an access easement over the City property (Red Brick) providing formal access to both lots. 4) Since the rear lot is considered a legal non-conforming lot upon which a unit could be constructed, the maximum build out potential for both lots would be a unit on the rear lot and one single-family house or duplex (with P/Z conditional use approval) on the front lot. The development must gain HPC approval. STAFF COMMENTS: A. Rezoninl! from S/C/I to R-6 The Applicant is requesting the City grant a rezoning to the property located at 216 E. Hallam Street which is currently split by two zone districts: SIC/I, (Service/Comm/Indust.) on the rear portion and R-6 (Medium Density Residential) on the front portion. The proposed rezoning of the small, triangularly shaped portion of the property that is S/C/I to R-6 would establish the whole property within the R-6 zone district. Staff has provided the following graphics to illustrate the current property scenario and the resulting property scenario if the City grants the rezoning and associated requests: R-6 Q Existing Barn R-6 R-6 Existing Historic House Alley Existing Historic House Current Scenario Proposed Scenario 3 1""'>, ! ,I) j It appears that the reason a small portion of the rear lot maintains a zoning of S/C/I is due to the fact that this residual triangle was bisected diagonally by the original townsite line, and incorrectly included as a part of the neighboring Lot 4, Trueman Neighborhood Commercial Project that encompasses the North Mill Station shopping center (Clark's Market, etc.) and is zoned SIC/I. This lot line correction has been made and the real property has been found in favor of the applicant by way of a quiet title decree attached as Exhibit C. Even though the ownership issues have been corrected, the zoning of that small portion of land remains zoned SIC/I. As a practical matter, about half of the existing (historic) barn rests in the portion of that rear lot that maintains this SIC/I zoning. A review of the historic nature of the property clearly shows the barn as being associated with the adjacent single-family house on the front of the lot. The house and barn in their current location are shown on the Official 1901 Sandborne Map and are clearly similar to the context of the west end neighborhood in the R-6 zone district. The Historic Preservation Officer reviewed this land use case and agreed with this analysis. Finally, Staff finds that this rezoning of the small portion of the rear lot to R-6 will assign a more appropriate zoning classification to the property and remove any awkward encumbrances of the property by having two zone districts on one property. Staff recommends approval of the rezoning. B. Allev Vacation: In order to achieve the proposed scenario, the Applicant is requesting that the City Council grant an alley vacation of the existing alley currently located between the two properties and approximately 60 ft. by 21 ft. in size. The alley is basically a remnant piece of public right- of-way in that it is vacated on the lots west of the subject property (Red Brick) and to the east (Amato property). It leads no where and contains no physical above-ground or underground public utilities. This application has undergone intense scrutiny from City departments and district agencies. All have raised issues about the vacation a1}d use oftheRedBrick property for access purposes. In summary, Staff does not object to the alley vacation as long as certain conditions to the vacation are included. These conditions follow and will be included in the license agreement to allow the applicants use of the City Property. . No physical encroachments, including landscaping, are allowed within the 20 foot wide ROW between the 216 E. Hallam property and the Red Brick building. Any encroachments into the public rights-of-way shall either be removed or be subject to current encroachment license requirements. . No parking is allowed within the right-of-way. . The applicants shall install within the 20 foot ROW, a 14-foot width of pavement with 3 foot wide gravel shoulders' on each side. Such pavement shall extend to the public trail at the rear of the Red Brick building and include a paved walkway to the Red Brick door on the east elevation. Such pavement shall meet with the 4 f"',. n specifications of the City Engineer and be installed prior to Certificate of Occupancy for the development of either lot located at216 E. Hallam. . The applicants shall provide an improvement plan for the location of the pavement, including cross sections and drainage plan for the ROW improvements noted above. . The improvement plan shall meet with the approval of the Fire Chief so as to ensure that a fire truck can pull through the site from E. Hallam, exiting at the rear of the Red Brick building. Should this not be able to be accomplished, the applicant will be required to provide a fire truck turn-around area on the 216 E. Hallam property. . The only utility service line allowed within the ROW is awater line which must be located within the eastern 10 feet ofthe ROW. . Signs indicating the public nature of the ROW shall be installed by the applicant indicating public trail use. Such signs shall meet with the approval of the Parks Department. . All landscaping on both public and private property (adjacent to the driveway) shall be approved by the Parks Department. . The applicants shall file a revised property plat showing all rights conveyed to the applicant through the alley vacation, use of City property, and showing any relocated easements for public purposes including but not limited to access, electric, water and sewer services. Such plat shall be filed with the Community Development Department and subject to approval by all parties effected by such plat. C. License Aereement for Access: Historically, the single family dwelling and barn located on the subject property have been accessed via the adjoining parcel to the west, the site of the Red Brick trail/driveway. There is even evidence that at some point back in history the barn was accessed via an extension of Francis Street which no longer exists. Staff feels it is desirable to continue to allow access to the property in this way to avoid an additional curb cut onto Hallam Street, but more importantly to maintain the historic pattern of the development on this site. The proposed redevelopment of this property includes an addition to the single family house converting the structure to a duplex or significant addition. It is unlikely that without the additional unit or addition, that the applicants would pursue restoration of the site. A new driveway along the east side of the property would change the pattern of the development on the site and would render the site almost impossible to develop with the additional unit or addition. From a preservation perspective, Staff is in favor of granting an easement over the City property to serve the three proposed units with certain conditions. Should the Council approve of the use of City property for access and utility purposes, the above- noted conditions would be included in the License Agreement (Exhibit D) allowing for such use. STAFF RECOMMENDATION Staff recommends that the City Council approve the requested zone change and the alley vacation as described within this report and as put forth in the associated ordinances and agreements. 5 f""; , t) ) RECOMMENDED MOTIONS -ONE FOR EACH ORDINANCE "I move to approve Ordinance No. 19, Series of 2002, approving the rezoning request for a portion of property as described in the application and located at 216 E. Hallam Street, within the City and Townsite, City of Aspen, Colorado." "I move to approve Ordinance No. 20, Series of 2002, approving the vacation of a portion of an alley located in Block 71, within the City and Townsite, City of Aspen, Colorado." ATTACHMENTS Exhibit A -- Review Criteria & Staff Findings Exhibit B -- Application Exhibit C __ Pitkin County District Court Decree Quieting Title-property description Exhibit D -- Draft License Agreement Exhibit E __ Planning and Zoning Commission Minutes of March 5, 2002 Exhibit F __ Planning and Zoning Commission Resolution No.8, Series 2002 Exhibit G -- DRC Summary and Comments 6 1""1 n Ordinance No. 19 (Series of 2002) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING THE REZONING FROM SCI (SERVICE/COMMERCIAL/INDUSTRlAL) TO R-6 (MEDIUM DENSITY RESEIDENTIAL) OF A TRIANGULAR PORTION OF LOT 4, TRUEMAN NEIGHBORHOOD PROJECT PROPERTY LOCATED NORTH OF LOTS D AND E OF BLOCK 71, ORIGINAL ASPEN TOWNSITE, LOCATED AT 216 E. HALLAM STREET, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-073-14-001 WHEREAS, the Community Development Department received an application from Frost Property LLC, represented by Stan Clauson Associates, LLC, requesting rezoning approval pursuant to Section 26.310.10 of the Land Use Code for a property located at 216 East Hallam Street in the City of Aspen; and WHEREAS, the Community Development Department Staff reviewed the Application for compliance with the Rezoning Review Standards and has reviewed the subject property and finds it to be that property described by Pitkin County, Colorado District Court, Decree Quieting Title, Case No. 02 CV 40; and WHEREAS, the City Zoning Officer, the City Engineer, the Parks Department, Aspen Consolidated Sanitation District, and the City Fire Department reviewed the rezoning and development proposal for 216 East Hallam Street and provided written referral comments as a result ofthe Development Review Committee meeting; and WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Director recommended approval of the Rezoning with conditions stated herein; and, WHEREAS, the Aspen Planning and Zoning Commission reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, and conducted a duly noticed' public hearing on March 5, 2002 and by a vote of six to zero recommended that the City Council approve the rezoning from SCI to R-6; and WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, have reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken public comment at a public hearing; and, WHEREAS, the Aspen City Council finds that the rezoning request meets or exceeds all applicable review standards and that the approval of the rezoning is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety and welfare. ~ r'\ . . ) i , i NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves the Rezoning from S/C/I to R-6 a property located at 216 East Hallarn for property described by Pitkin County, Colorado District Court, Decree Quieting Title, Case No. 02 CV 40. Section 2 This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3 If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court pf competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4 A public hearing on this Ordinance was set for July 8, 2002 at a meeting to commence at 5:00 p.m. in the City Council Chambers, Aspen, City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation with the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 24th day of June, 2002. Attest: Kathryn. S. Koch, City Clerk Helen Kalin Klanderud, Mayor FINALLY, adopted, passed and approved this _day of _,2002. Approved as to form: Approved as to content: City Attorney Helen Kalin Klanderud, Mayor (*'\, -) ORDINANCE NO. 20 (Series of 2002) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO VACATE A PORTION OF THE ALLEY IN BLOCK 71, WITIllN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, a petition to vacate certain right-of-ways or portions thereof has been ftled by record owners of all lands which abut the streets or portions thereof petitioned to be vacated; and WHEREAS, the right-of-ways or portions thereof petitioned to be vacated are located entirely within the corporate limits of the City of Aspen; and WHEREAS, the vacation petition has been reviewed by the City Engineer and a determination made that the petition complies in all respects with the City's Public Rights-of- ways Vacation Policies and the land petitioned to be vacated is eligible for vacation pursuant to said policies; and WHEREAS, the proposed vacation will not leave any land adjoining the same without a means of access over an established public right-of-way connecting such lands to an established public street; and WHEREAS, the petitioners have satisfied or performed all conditions and requirements imposed by the City Engineer in connection with the requested vacation; and WHEREAS, the City Council has determined that the public use, convenience and necessity will no longer require the hereinafter described public right-of-ways or portions thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: ~ f\ \:,:..,;,~ Section 1. That the portion of the alley between Lots D and E and Lots N and 0 (alk/a Lots Hand I) of Block 71, within the City of Aspen, Pitkin County, Colorado, as more specifically depicted on that map entitled "Map of the Portion Alleyway Requested to be Vacated", and aunexed hereto and made a part hereof as Exhibit "A", shall be, and the same hereby is vacated subject to the conditions set forth below. Section 2. That ownership and title to the lands so vacated shall vest as provided in and by Section 43-2- 302. C.R.S. Section 3. That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the Office of the Pitkin County Clerk and Recorder. Section 4. That the City Engineer be and hereby is directed, upon the adoption of this ordinance, to make all corrections necessary to the Official Map of the City of Aspen. Section 5. That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. 2 f1 rl 'l Section 6. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. A public hearing on the ordinance shall be held on the 8th day of July, 2002, 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 24th day of June, 2002. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk . FINALLY adopted, passed and approved this _ day of .2002. Helen Kalin Klanderud, Mayor ATTEST: Kathryn S. Koch, City Clerk JPW-7/1/02-G:\john\word\ords\vacation-frost-ord,doc 3 ('*'\ I () , t ExmBIT A REVIEW CRITERIA & STAFF FINDINGS REZONING FROM SIC/I (SERVICE/COMMERCIAL/INDUSTRIAL) TO R-6 (MEDIUM DENSITY RESIDENTIAL) In reviewing an amendment to the official zone district map, the City Council shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding The proposed amendment to the official zone district map to change the subject property's zoning designation from the SCI to the R-6 Zone District is not in conflict with any portion of the Land Use Code. The proposed rezoning does not represent new land use policy or a change in land use policy for the City of Aspen. Two zone districts currently split the accessory structure on the rear of the parcel. The proposed rezoning of the entire parcel will allow for better compliance with the terms of this title than the current split zoning. Staff finds this standard to be met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding Staff finds that the proposed rezoning application is consistent with the Aspen Area Community Plan in that the rezoning application will bring the parcel more into conformance with the provisions of use and dimensional requirements set forth by the City of Aspen Land Use Code. The proposed rezoning will also allow for a possible future conversion of the bam structure to an infill residential unit. Staff finds this standard to be met. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding The proposed zoning and uses allowed therein are compatible with the surrounding land uses. The rezoning proposal legalizes the use and provides the dimensional requirements of the bam structure. Currently, the structure is non-conforming under the parcel's split zoning. The current split zoning does not allow for any possible future redevelopment of the barn as an infill residential unit. Currently the historic barn is in disrepair and is not being used in a productive manner. Rezoning the property that contains the barn to the R-6 Zone District will allow for the refurbishing and use of the existing historic barn structure. Staff finds this standard to be met. D. The effect of the proposed amendment on traffic generation and road safety. f""""'\ n ! ~' Staff Finding The proposed rezoning to R-6 will not significantly effect traffic generation or road safety. The applicant proposes to pave and landscape the aforementioned driveway area. The parking for the residence on the front part of the parcel has historically been to the rear of the parcel. Access to the parking on the site has historically also been through the trail easement to be vacated and the alley bisecting the barn structure and the single-family residence on the southernmost portion of the lot. The rezoning couid bring about additional traffic though it may be negligible because it is located in town. Staff finds this standard to be met. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medicalfacilities. Staff Finding The rezoning to the R-6 Zone District will not result in increased demand on public facilities. The single-family dwelling on the front lot and the barn on the rear of the property already exist and their impacts are already accommodated for within the current services provided. The additional development of the barn conversion into a residence has been reviewed through DRC referral and utilities are available. The ability of the City and other districts to provide services and utilities is not exceeded by this rezoning. Staff finds this standard to be met. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding The rezoning to the R-6 Zone District will not adversely impact the natural environment. Any development to the barn structure or the single-family dwelling requires review by the Historic Preservation Commission regarding any impacts on the site. Staff finds this standard to be met. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding The proposed rezoning is consistent and compatible with the community character in the City of Aspen and in the neighborhood. This rezoning will return a residential property to its logical zoning of R-6, which is consistent with the surrounding west end residential neighborhood. Further, Staff finds the current S/C/I zoning to be an inappropriate zone district for the west end residential neighborhood as the uses are more commercial in nature. Additionally, Aspen has a strong tradition of preserving historic structures of all uses and refurbishing them to be utilized to meet the Community's design and housing goals. The Historic Preservation Commission will review any development proposal on the site ensuring it's proper fit within the neighborhood's character. Staff finds this standard to be met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. 2 f""', '7 f""', ) Staff Finding The buildings in the area of the subject property (in the Hallam residential neighborhood) have over time undergone rehabilitation, upgrade and additions. The rezoning would allow for the buildings on the subject property to be more easily upgraded which staff feels is compatible with the entire neighborhood. The SCI zoning is most appropriate for the Clark's Market area which has evolved over time to be a major commercial/service node in the community and very different from the Hallam area. 1. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding Staff feels that the proposed rezoning application will not be in conflict with the public interest or this title. The rezoning will allow for the historic barn to be refurbished as possibly a residence or a usable accessory building. Staff finds this standard to be met. 3 :::ROM .: . :::" .vv.rI',' ,VVL V'Vlrlfi ,-." FAX NO. ~Jun. 052002 04:12PM Pi _). ......NO.b~J! ~. 4 DISTRICT COURT, PITKIN COUNTY, COLORADO Court Address: 506 East Main Street Aspen, Colorado 81611 Telephone: (970) 925.7635 Facsimile: (970) 925-6349 Plaintiff: Frost Property, LLC Defendants: Puppy Smith LLC, and The City of Aspen, Colorado Attorney or Party Without Attorney: Name: Garret S. Brandt Brandt & Feigenbaum Address 132 Midland Avenue Basalt, Colorado 81621 . Phone Number: (970) 925-5196 Fax Number: (970) 925-4559 E-mail: Case No, 02 CV 40 Atty.Reg.#: 29816 DECREE QUIETING TITLE . THIS MATTER heard this day, THE COURT FINDS: . That each of tbe defendants herein have been properly served as required by law and rule of Court; that this is an action in rem affecting specific real property; that the court has jurisdiction of all parties to this action and of the subject matter thereof; that the al1egations of the Complaint are true; that every claim made by said defendants is unlawful and without right; that no defenda:nt herein has any title or intetett in (}r tG 1M p.x:~ty Qescri"beG her~i:ll. or ll-ay pm theFeef., roefefNe: IT IS ADJUDGED AND DECREED THAT Frost Property LLC, Plaintiff, at the time of the commencement of this proceeding, was, and now is, the owner in fee simple, with right to possession of the real property in Pitkin County, Colorado described on Exhibit 'A" attached hereto; that fee simple title in and to said. real property be and the same hereby is quieted in the Plaintiff, and that each of the defendants has no right, title. or interest in or to the said real property or any part thereof, and that they are forever enjoined from asserting any claim. right, title or interest in or to the said real property or any part thereof. . RECEIVED JUN 1 0 2002 ASPEN ~-,(~; iJ\'-!)I~.?T~E:W - . FROM .: "V II' \J' '- v V" V' VII III t""\ FRX NO. '-'.Jun. 052002 04:13PM P2 j ~U.D~JI y. ~ DISTRICT COURT, PITKIN COUNTY, COLORADO Case No. oJ.cv'/Q Frost Prop,ertv LLCv. PUPpy Smith LLC and The City of Asoen. Colorado DECREE QmETING TITLE Dated this $"4 2902057 _2.DOC day Clf ~ /~/ '-.... ___' 2002 BY THE COURT ;L.~.. ~-- . /.... .,/ ;.../'. C' ist~ict Judge -2. ~ I ,~ I ,~ , ! 'FROM .." .. 11111. V . v II III r-" " FAX NO. ~Jun. 052002 04:13PM P3 J No.6!3/ p. 6 PROPERTY DESCRIPTION, LOT 4, TRUEMAN NEIGHBORHOOD C~RCIAL pROJECT TO THE FRosT PROPSRTY. A PARCEL OF LAND BEING A PART OF LOT 4, TRU~ NEIGHBORffOOD COMMEl\CI1\L PROJECT AS RECORDED IN PIAT BOOr< S AT PAGES 70 T!iR.OUGl! 75 IN THE OFFICIAL RECORDS FOR PITKIN COUNTY, COLORADo, SAID PARCEL BEING MORE FOLLY DESCRIBED AS FOLLOWS: COMMENC!NG AT THE MOST SOUTHERLY CORNER OF SAID LOT 4, WHENCE THE WEST QUARTER CORNER OF SECTION 7, TO~SHIP 10 SOUTH, RANGE 84 wo;ST OF THt SIXTH PRINCIPAL MERIDIAN BEARS NORTH 17. 47' 34" /~~ WEST, A DISTANCE OF 1348.91 rEET; ( ", CE NORTH 43' 08' 33" WEST, A DISTANCE OF 70.76 FEET MORE OR "-. / LESs ALmrG THE SO POINT OF INTERSE:crrON WITH TIlE WESTERLY BOON!lARy OF LOT "J", BLOCK 71 ORIGINAL ASPEN TOWNSITE PROJECTED NORTHERLY, THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHWESTERLY BOllNPARY OF LOT 4, NORTH 43' 08' 33" WEST, A DISTANCE OF 70.76 fEET TO A POINT OF INTERSB:C'rION WI'l'H THE WEStERLY BOUNDARY OF LOT "D", SOCK 71 ORIGINAl. ASPEN TOWNSITE; THENCE NORTH H. SO' 49. EAST, A DISTANCE OF 29.62 FEET ALONG SAID LOT "D" WESTERLY BOUNDA1l,y PROJECTED NORTHERLY; THENCE SOUTH7S. 48' 37" ~T, A DISTANCE OF IS.55 FEET I THENCE SOUTH 78' 26' 25" EAST, A DISTANCE OF 26.16 FEET; THENCE SOUTH 63' 52' 32" EAST, A DISTANCE OF l8.70 ~T TO A POINT OF INTERSECTION WITH THE NORTKERLY PROJECTION OF THE WESnRLY BOUNDARy OF SAID LOT "J", BLOCK 71 ORIGINAL ASl?tN TOWNSITE; THENCE SOU11iERI,Y .ALON~ SAID NORTHERLY PROJECTION SOUTH l4. 50' 49" WEST, A DISTANCE OF 65.15 FEET TO THE TRUE POINT OF BEGINNING. /'f' THE ABOVE PROPERTY DESCRIPTION CAtCO!J\.TES TO CONTAIN AN AREA OF 2925.506 SQUARE fEET MORE OR LESS. __~~~~~"_"~':M~ " ,7:~ (~~:~~,=ji'~,,-: ,om:::.,:'i::J \:-:;;HIS PROPERTY DESCRIP-"'NYiiMWRiT~ BY: ,):______ LOUIS H. BUETTNER~..L. / ~~~s~o~~~~ 7"1< RO,~ 970-927-3611 V .___.., ..,_...~......., - --" -~~'.-.~-~ <~"",~,."~~"",,,___""C'__~ ~ ~~~- "- f'r"I. .' .... .. () ASPEN PLANNING ",ZONING COMMISSION - Minutes _ March 5, 2002 COMMISSIONER, STAFF and PUBLIC Ct5:MMENTS........................................ 2 MINUTES ................................................................................................................. 2 DECLARATION OF CONFLICTS OF INTEREST ...............................................2 FORMER "GOLF PRO SHOP" SUBDIVISION, REZONING and POO AMENDMENT .........................................................................................................2 216 East HALLAM REZONING .............................................................................4 LITTLE RED SKI HADS REZONING, LODGE PRESERVATION POO, GMQS, LP EXEMPTION ...................................................................................................... 7 309 North THIRD SPECIAL REVIEW- ADD DESIGN STANDARDS ............. 12 1 Ed'\lbv~- E f""'i"'I .. ...... .. .... . .......... .......... .... (') j.,..}.,. .........,....,...,..................,.....<:.............. ,...,',...............:.. '0.0.... '. ';,..-,p' ASPEN PLANNING &: ZONING COMMISSION - Minutes - March 5,2002 required that the tenants provide a community service. Cohen asked how the community development director would decide between several applicants. Richards said that there was intent by Junior Hockey to rent out the space in the winter; they shared space that last couple of winters. Lindt noted that it was not a competition between possible tenants, Junior Golf would propose a tenant and the Community Development Director would detennine if it provided a community service. Richards said that the soccer program also showed intent. Roger Haneman asked if any other governmental agencies expressed an interest in leasing this space. MOTION: Ruth Kruger moved to approve P&Z Resolution #07, series 2002, recommending that City Council approve with conditions the proposed application to subdivide the parcel of land legally described as Lot 1, Aspen Golf Course Subdivision into Lots 1A and IB, and rezone the newly created Lot IB to the Public Zone District with a PUD Overlay, and to amend the Truscott the Planned Unit Development to establish the allowable dimensional requirements for newly created Lot IB. Bert Myrin seconded. Roll call vote: Haneman, yes; Cohen, yes; Erickson, yes; Kruger, yes; Myrin, yes; Tygre, yes. APPROVED 6-0. Discussion: Haneman noted that P&Z did not want the restaurant to be a destination restaurant; it was to be strictly secondary. Haneman asked if this would create more traffic by rezoning to public. Kruger said that it was the same space but junior golf would use it in the summer and lease it out in the winter. Haneman said that they could rent Y2 the building year round. Lindt stated that they have consented not to lease out more than 50% of the facility. Hoefer said that the traffic generation would be minimal. Lindt stated that community development would review the business license so that it met the community service needs. The commissioners requested that community development look at the traffic generation of the potential applicant. Ohlson noted that the current configuration of the building was retail use and the lower floor was lockers and storage; the main floor would probably be office. CONTINUED PUBLIC HEARlNG (02/19/02): 216 East HALLAM REZONING Jasmine Tygre opened the continued public hearing for the Mona Frost property located at 216 East Hallam. David Hoefer stated that the legal notice was provided previously; the commission had jurisdiction to proceed. Joyce Ohlson utilized maps to locate the property and the surrounding properties. Ohlson stated that there was a single-family dwelling and a historic bam on the property. The property was split with R-6 and S/C/I Zone Districts. Ohlson saide 4 ~....................< n ASPEN PLANNING ""ZONING COMMISSION - Minutes _ March 5,2002 that legal action conveyed the triangular portion of land that the barn sits on; it was a legal lot. The alley in place splits the property; the proposal was to rezone the entire property to R-6. Ohlson stated that it made sense to rezone and have the entire property located in one zone district. Ohlson noted that there was a request for the alley vacation from City Council. When an alley vacation is granted 50% of that land goes to each property. The alley vacation piece ofIand would not allow any increase in the density or FAR. Ohlson stated that the access to the property was currently over city property; they requested to continue to use that access without any further curb cuts. Ohlson stated that any renovation of the property would be reviewed under the Historic Preservation Committee; currently there was no development plan. Stan Clauson, planner, provided Mona Frost's valued Aspen history. Clauson introduced Camilla Auger, the successor owner of the Mona Frost Trust. Clauson said that the original house was in the original town site and the barn was bisected by that line and located on property that did not belong to Mona Frost. Clauson noted that a court action corrected this multiple survey error for property ownership. Clauson stated that the zoning was needed to complete making the parcel whole. Amy Guthrie stated that HPC has been concerned about this property; the obstacles of the zone districts and town site line being removed were so that the entire property was zoned the same. Eric Cohen inquired about the property next door having the same split-zoning problem; he stated that it would be nice to have that property under one zone district. Ohlson responded that this was the same zoning problem and would have to come from the property owner for the change in zoning. Bert Myrin said that once the alley was vacated and added to the property it would become a 6,000 square foot lot and asked what was to prevent a lot split from HPC. James Lindt stated that it would be eligible for a Historic Lot Split but with a lot line adjustrnent the FAR from the alley vacation could not be added to the development rights of a parcel. Clauson said that the front property was a separate parcel from the other side of the un-vacated alley. Clauson said that state statutes were very clear that an un-vacated alley separates these parcels, so the parcel have never been merged; he said that no lot split was necessary to consider these two separate parcels. Clauson said with respect to the front the Historic Preservation Lot Split presently was not available to for parcels less than 6,000 square feet. 5 ASPEN PLANNING'IlZONING COMMISSION - ~tes - March 5,2002 Camilla Auger stated that there was 110 intension at this time. Clauson said that there was no particular plan for a lot split. Ohlson restated that the additional land that was gained by the vacation of that alley with 50% going to each lot did not give them additional development rights for density or for the FAR allowable. Ohlson said that this was just shy of 6,000 square feet and that alley vacation or any other easement would not provide that allowable density. Density was the number of units; floor area was the size and neither dimensional standard could be increased. Myrin asked about the property ownership under the barn. Ohlson replied that it was addressed; the ownership had been settled by adverse possession, which went through the court. Myrin asked what the benefits were for the city with the alley vacation. David Hoefer responded that it becomes a taxable piece of property and eliminates liability. Garret Brandt, attorney for the current owner, stated that there was a state law that read when a public alleyway no longer serves anything that it has to be vacated. Brandt stated that the city did not have much discretion in this. Roger Haneman asked about the Lot G access. Auger replied that the city attorney no longer had that concern because the ultimate development would be overseen by HPC. Auger stated that it would be detrimental to the Historic Preservation of the project to have another curb cut. Ruth Kruger asked if there was any downside to the rezoning of this property. Ohlson replied that there really was not; the barn could be possibly converted into. a residential unit but it had to remain historic. Ohlson noted that the 2 Structures that were on the historic inventory would be reclaimed and renovated., No public comments. Myrin asked if the row oflilacs on the west side of Sheely Boulevard at the Red Brick would be moved. Ohlson noted that Parks had a similar concern. MOTION: Ruth Kruger moved to approve P&Z Resolution #08, series 2002, recommending City Council approve this rezoning request for a property located at 216 East Hallam Street, City and Townsite, City of Aspen, Colorado (parcel #2737-073-14-001). Ron Erickson seconded. Roll call vote: Myrin, yes; Haneman, yes; Cohen, yes; Erickson, yes; Kruger, yes; Tygre, yes. APPROVED 6-0. Ron Erickson asked to add a recommendation to city council beyond this recommendation that the adjacent property have action taken to clean up the townsite lot lines. Erickson noted the importance of removing properties from the S/C/I zones that did not belong in it, which would be a separate motion. 6 ~ .... ....... 0 ASPEN PLANNING &:ZON'INGCOMMISSION - Minutes _ March 5,2002 MOTION: Ron Erickson moved to request that staff recommend City Council to look into rezoning the adjacent lot east of 216 East Hallam. Myrin seconded. APPROVED 6-0. PUBLIC HEARING: LITTLE RED SKI HAUS REZONING, LODGE PRESERV AnON PUD, GMQS, LP EXEMPTION Jasmine Tygre opened the public hearing and requested notice. David Hoefer stated that the notice had been provided and met the jurisdictional requirements. James Lindt stated that the Little Red Ski Haus LLC was the applicant. The request was to rezone and expand the Little Red Ski Haus Lodge located at 118 East Cooper Avenue. There were 3 separate land use actions: (1) rezone, (2) lodge preservation and minor lodge preservation PUD to expand by about 520 square feet ofF AR and vary the underlying residential setbacks and (3) the GMQS Lodge Preservation Exemption to allow the number of lodge units to be reduced from 22 to 14 units. Lindt noted that the land use code required the Planning & Zoning Commission make a recommendation to City Council in both the rezoning and the PUD. Lindt provided the history of the lodge built originally in 1888 and historically designated as a landmark; it has existed as a lodge for about 40 years, prior to 1999 when it was converted to a single family residence. In November 2001 City Council granted a temporary use permit for it operate as a lodge. Lindt utilized a map to locate the areas of proposed remodel and removal of a carport and rebuild as a 3-car carport with an addition on top of it. Also there would be excavation of the basement for about 980 square feet to be utilized as an accessory dining area. The interior of the lodge would be reconfigured from 22 dorm style units to 14 traditional units, which would include a bath in each unit but no kitchens in units. Lindt said staff felt that the rezoning was compatible with the surrounding area and lodge use. The Snow Queen Lodge was located to the east, which has been operating as a lodge in this zone district. Lindt said that staff felt that the applicant met all the criteria; there were 3 parking spaces proposed. HPC has granted conceptual approval for the additions and setbacks as proposed. Lindt noted the main issue in re-development was the lack of on-site parking; currently they only have 1 parking space for the 22 lodge rooms. They proposed 3 spaces for the reduced number oflodge rooms (14); the parking deficit from the land use code was reduced to about 6 from the previous 15 space-parking deficit. Staff felt there was sufficient parking on site because the lodge preservation program allowed them to maintain an existing deficit. 7 ~ ! " n Resolution No. 08 (SERIES OF 2002) RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL TO CITY COUNCIL FOR A REZONING FOR A PROPERTY LOCATED AT 216 E. HALLAM STREET, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-073-14-001 WHEREAS, the Community Development Department received an application from Mona Frost Trust, represented by Stan Clauson Associates, LLC, requesting rezoning approval for a property located at 216 East Hallam Street in the City of Aspen; and, WHEREAS, the Community Development Department Staff reviewed the Application for compliance with the Rezoning Review Standards; and, WHEREAS, the City Zoning Officer, the City Engineer, the Parks Department, Aspen Consolidated Sanitation District, and the City Fire Department reviewed the development proposal for 216 East Hallam Street and provided written referral comments as a result of the Development Review Committee meeting; and, WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Director recommended approval of the Rezoning with conditions stated herein; and, WHEREAS, the Aspen Plauning and Zoning Commission has reviewed .and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, . WHEREAS, the Plauning and Zoning Commission recommends approval to the City Council for the Rezoning from S/C/I to R-6, by a vote of6 to 0 (six to zero), and, WHEREAS, the City of Aspen Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED by the Commission: ~x.h,b,t- F- f"r\ i 'J 1.,-;' (") "<"....d Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends approval to the City Council for the Rezoning from S/C/I to R-6 a property located at 216 East Hallam. Section 2 This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3 If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4 All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. APPROVED by the Commission at its regular meeting on March 5th, 2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk To: ~. MEMORANDUM k/ Development Review Committee ,-. ';~;",>j? From: John Niewoehner, Community Development Engineer Reference DRC Case load Coordinator Date: April 15, 2002 Re: 216 E. Hallam Street, Mona Frost Property - - Rezoning, Alley Vacation, and Use of Public Property for Access . Attendees: Joyce Ohlson, Community Development Department John Niewoehner, Community Development Department Tom Bracewell, Aspen Consolidated Sanitation District Brian Fiynn, Parks Department Richard Goulding, Engineering Department Nick Adeh, Engineering Department Ed Van Walraven, Fire Department Phil Overeynder, Water Department Camilla Auger Stan Clauson The Development Review Committee reviewed the 216 E. Hallam St., Mona Frost Property at their April 16, 2002 meeting, and has compiled the following comments: General 1. Sufficiency of Submittal: DRC comments are based on the fact that we assume the submitted site plan is accurate, that it shows all site features, and that proposed development is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to alleviate problems and delays related to approvals tied to "issuance of building permit." , . 2. R.O.W. Impacts: If there are any encroachments into the public rights-of-way, the encroachment must either be removed or be subject to current encroachment license , , requirements. Site Review 1. EnQineerinQ Department: . It is required that there will be no encroachments into the 20 foot wide ROW between 216 Hallam and the Red Brick building. . Within the 20 foot ROW, there should be a 14-foot width of pavement with 3 foot wide gravel shoulders on each side. . The paving of the ROW should be performed by the applicant prior to the City issuing a CO. . The utilities serving the property should not be located in the 20-foot ROW unless there is no other option. . The vacation of the alley that bisects the property should not occur until the City is satisfied with the proposed plans. 2. Communitv Development Enqineer: . If the re-deveiopment of the site results in an increase in impervious area, a drainage plan will need to be developed that provides storm water retention. 3. ZoninQ: G.h.l'bi+ &- Page 2 00 April 15, 2002 216 E. Hallam No comments at this time. l"'i'\ t ,j n 4. HousinQ Department: No comments at this time. 5. Fire Protection District: . No compromise possible for the width of the aiiey - - it must be 20 foot wide. . No landscaping along the Red Brick Buiiding uniess the 20-foot width is preserved. . A fire truck must be able to puii into the 20-foot ROWand then leave without backing into Haiiam. One alternative is to keep the area between the house and the barn empty so that a fire truck can turn around. The other alternative is for the project to make it possible for a fire truck to drive around the Red Brick building thus eliminating the need for a place to turn around on the property. 6. Parks Denartment: . If the sewer line is moved on the north side of the building, the Parks Department should be involved in the re-Iandscaping of the area. . The project must maintain the access to the public ROW through providing signs for the trail. The applicant should work with the Parks Department on sign age. . No parking aiiowed in the public ROW. . The applicant should be encouraged to continue the pavement around the Red Brick building to join with the eXisting trail. . Do not plant vegetation such as lilacs that wiii encroach into the ROW. As an alternative, the Parks Department suggests that Columnar Buckthorn trees be planted between the ROWand the Red Brick building. . The driveway for 216 Haiiam will be shared with bicyclists and other trail users. Vegetation should not be planted that wiii block the site distance for cars using the driveway. . When the 14' wide pavement is placed in the ROW, a paved walkway should be provided to the Red Brick door. 7. BuildinQ Denartment: No comments at this time. 8. City Water Department . Easements for Water and Sewer: Locating the water and sewer services on the property may be constrained by the available space. A 20-foot wide utility easement is needed to accommodate the required 10-foot separation between water and sewer lines and the additional space needed for excavation. This constraint may result in the need to place water andlor sewer services lines in the ROW along the Red Brick Building. 9. Aspen Consolidated Sanitation District . A main sewer line runs along the north side of the barn. An easement either needs to be provided for this sewer line or the sewer line will need to be moved further onto the Puppy Smith property to the north. . Plans should show the manholes and sewer line to the north of the property. . Landscaping on north end of property should not restrict access to sewer manholes. . An easement will be needed for the service line. Page 3 00 April 15, 2002 216 E. Hallam 10. Environmental Health Ii"l () No comments at this time. 11. City Community Development _ Planninq No comments at this time. 12. Electric Department (provided by Phil Overeynder) . The Eiectric Company needs to be able access their equipment including the switch gear. Additional research needs to be performed by the applicant and the Electric Company regarding access to the switch gear. 13. Holy Cross Electric No comments at this time 14. City Attorney No comments at this time 15. Streets Denartment No comments at this time 16. Historic Preservation Officer No comments at this time 17. Pitkin County Planninq No comments at this time 16. County and City Disaster Coordinator No comments at this time Approvals 1. Engineering: The applicant receives approval from the City Engineering Department (920-5080) for design of improvements, including grading, drainage, transportationlstreets, landscaping, and encroachments within pUblic right of way. 2. Parks: The applicant receives approval from the Parks Department (920-5120) for vegetation species and for public trail disturbance. 3. Streets: The applicant receives approval from the Streets department (920-5130) for mailboxes, finished pavement, surface materials on streets, and alleyways. 4. Permits: Obtain R.O.W. permits for any work or development, involving street cuts and landscaping from the Engineering Department D:\DRCMona Frost.doc ~ ,1:1 Summary Mona Frost Conditions Derived from DRC Meeting . No physical encroachments, including landscaping, are allowed within the 20 foot wide ROW between the 216 E. Hallam property and the Red Brick building. Any encroachments into the public rights-of-way shall either be removed or be subject to current encroachment license requirements. · No parking is allowed within the ROW. . The applicants shall install within the 20 foot ROW, a 14-foot width of pavement with 3 foot wide gravel shoulders on each side. Such pavement shall extend to the public trail at the rear of the Red Brick building and include a paved walkway to the Red Brick door on the east elevation. Such pavement shall meet with the specifications of the City Engineer and be installed prior to Certificate of Occupancy for the development of the property at 216 E. Hallam. · The applicants shall provide an improvement plan for the location of the pavement, including cross sections and drainage plan for the ROW improvements noted above. · The improvement plan shall meet with the approval of the Fire Chief so as to ensure that a fire truck can pull through the site from E. Hallam, exiting at the rear of the Red Brick building. Should this not be able to be accomplished, the applicant will be required to provide a fire truck turn- around area on the 216 E. Hallam property. · The only utility service line allowed within the ROW is a waterline which must be located within the eastern 10 feet of the ROW. · Signs indicating the public nature of the ROW shall be installed by the applicant indicating public trail use. Such signs shall meet with the approval of the Parks Department. , · All landscaping on both public and private property shall be approved by the Parks Department. · The applicants shall file a revised property plat showing all rights conveyed to the applicant through the alley vacation, use of City property, and showing any relocated easements for public purposes including but not limited to access, electric, water and sewer services. Such plat shall be filed with the Community Development Department and subject to approval by all parties effected by such plat. f';. ('1 \'" ~I\\J ^a::' Memorandum The OilY 01 Uspen OilY Ulblrney's Ollice TO: Mayor and Members of Council FROM: JohiJ. P. Worcester RE: July 8, 2002 Resolution NO.~, Series of 2002 - License Agreement for Mona Frost Property DATE: Attached for your consideration and review is a proposed resolution that, if approved, would authorize the City Manager to execute, on behalf of the City, a license agreement authorizing the use of the alley-way that runs on the East side ofthe Red Brick School building and the Mona Frost property. That alley has been used by the Mona Frost property for many years to access the North lot of the property. The barn that served the property is located on this back lot. The applicant has indicated that use of the alley probably pre-dates the Red Brick school building and the ownership of the school lot by the School District or the County. If the use of the alley was for a sufficient period oftime it is possible that the current owners have a claim for a prescriptive right to continue the use of the alley for access to the back lot. I have not verified that claim, as the applicant has not submitted evidence sufficietlt for.me tO~akea ~~termination of the claim. In that the applicant has requested a license agreement from the City, neither the applicant nor I have pursued the potential claim for adverse possession. The proposed resolution should not be approved unless Council approves the rezoning ordinance and the ordinance vacating the alley that currently cuts the south from the north lots. REQUESTED ACTION: A Motion to approve Resolution No. --' Series of2002. r-., (~ ,f.. ...:l i'/ RESOLUTION NO. Series of 2002 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, AUTHORIZING THE CITY MANAGER TO EXECUTE, ON BEHALF OF THE CITY OF ASPEN, A LICENSE AGREEMENT BETWEEN THE CITY OF ASPEN, AND THE FROST PROPERTY, LLC. WHEREAS, there has been submitted to the City Council a proposed License Agreement between the City of Aspen, and the Frost Property, LLC; and WHEREAS, after due deliberation and consideration the City Council has determined that it is in the best interest of the City of Aspen to approve said license agreement and authorize. the City Manager to execute same on behalf of the City of Aspen. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, that the City manager is hereby authorized to execute on behalf of the City of Aspen a License Agreement in substantially the form as appended hereto as Exhibit A. Dated: ,2002. Helen Kalin Klanderud, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, . Colorado, at a meeting held ,2002. Kathryn S. Koch, City Clerk After Recording Return t~ - Recording Infonna': ) City Attorney City of Aspen 130 S. Galena St. Aspen, CO 81611 License Agreement Road Access - City as Grantor THIS LICENSE AGREEMENT is made and entered into this day of , by and between the City of Aspen, a Home Rule Municipality (hereinafter referred to as "Grantor"), and (hereinafter referred to as "Licensee"). W II TN E SSE T H: WHEREAS, Grantor is the owner of certain real property located in the City of Aspen, Pitkin County, Colorado, as more fully described in Exhibit A and appended hereto (the "License Area"); and WHEREAS, Grantor is willing to grant to Licensee a license for the purposes set forth herein under certain terms and conditions; and . WHEREAS, Grantee is desirous of accepting said license under the terms and conditions set forth herein. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Licensee covenant and agree as follows: 1. Grant of License. Grantor, without warranting title or interest, and subject to the terms and conditions hereinafter set forth, does hereby authorize the Licensee, its successors and assigns, to utilize the License Area for the uses as permitted herein. 2. Use. Licensee may use the License Area for driveway purposes over and across the License Area to access Lot ; subject, however, to the terms and conditions set forth herein. Driveway purposes as used herein means a residential driveway, and it is agreed that no vehicle of more than _ axles or weighing more than pounds shall use or travel across the License Area described above. 3. Term. The term of this License shall be permanent and perpetual; provided, however, that the term of this License may be terminated if future redevelopment of Lot no longer requires access over the License Area. The term shall commence upon completion of the conditions set forth at paragraph 4 below. t:-,d/\;(o,+- b ,....., 1) 4. Conditions. This License Agreement is specifically subject to the following conditions: a. No physical encroachments, including landscaping, shall be allowed within the License Area without the prior written consent of Grantor. b. No parking shall be permitted within the License Area without the prior written consent of Grantor. c. Licensee shall construct within the License Area a 14 foot width of pavement with 3 feet wide gravel shoulders on each side of the paved roadway. Said pavement shall extend to the public trail at the rear of the existing Red Brick Building and include a paved walkway to the Red Brick Building door on the East elevation. Said paved walkway and road way shall meet all of the specifications deemed appropriate by the City Engineer and shall be installed prior to the issuance of a Certificate of Occupancy by the City Community Development Director for the re-development of the property at 216 E. Hallam St. d. Before the start of any construction Licensee shall submit an improvement plan for the License Area to the Grantor for review and approval, including cross sections, drainage plan, placement of utilities, and any other matters deemed necessary by the Grantor. e. The improvement plan shall meet with the approval of the Fire Chief so as to ensure that a fire truck can pull tlu:ough the License Area and exiting at the rear of the existing Red Brick Building. f. Licensee shall post at licensee's sole cost and expense a 'sign indicating the public nature of the right-of-way and its current use as a public trail. The Grantor shan approve said sign before its installation. g. All landscaping on the Licensed Area shall be approved by the Grantor. h. Licensee shall file a revised property plat for Lots _ and - showing an rights conveyed to the Licensee as part of its current re-development plan for the above referenced lots, the alley vacation, the License Area, and showing any relocated easements for public purposes including, but not limited to, access, electric, water, sewer and other utility services. Said plat shall be filed with the Grantor's Community Development Department andc.subject to approval by Grantor. . i. Licensee shall use reasonable care in construction of improvements within the License Area and agrees to avoid damage to the surrounding land and improvements thereto, and further agrees to restore such land and improvements r'i"""""'.... r"l, } to their condition immediately prior to any construction, improvements or repairs to the License Area. 5. Reserved Rights. Grantor reserves the right to make full use of the License Area as may be necessary or convenient, and the Grantor reserves the right to use the License Area including the right to access, as well as the right to operate, maintain, install, repair, remove, or relocate any of its facilities or the facilities of any utility company located within the License Area at any time and in such manner as it deems necessary or convenient. In the event Licensee's installations or improvements shall interfere with the Grantor's use and operation of the License Area, at any time hereafter, the Licensee shall, upon the request of Grantor and at Licensee's sole expense, immediately relocate, rearrange, or remove its installation or improvements so as not to interfere with Grantor's use. At no time shall Licensee interfere with Grantor's use of the Licensed Area or with Grantor's installations within the License Area. Licensee shall assume all risks incident to the presence of Grantor's facilities, improvements, installations, invitees, guests, or members of the public within the License Area. Nothing herein shall be construed so as to prevent Grantor from granting additional licenses or property interests in or affecting the License Area as it deems appropriate. 6. Construction. Modification. Maintenance Within License Area. Licensee shall use all reasonable means to prevent any loss or damage to the Grantor or to others resulting from the construction, modification, replacement, repair, operation, and maintenance of Licensee's installations or improvements. If, during construction, modification, replacement, repair, operation, use and maintenance of Licensee's installations and improvements, the Grantor determines that damage has occurred to its facilities or the facilities of a utility company, Licensee shall, upon written notice thereof, repair or replace such damage, at Licensee's expense. Any repair or replacement of any of Grantor:s installations or improvements on the License Area made necessary shall be made at the sole expense of the Licensee. Licensee shall not be responsible for datnages resulting from force majeure. If the Grantor at any time during the period of this License deems it necessary to excavate in the License Area for construction, modification, replacement, repair, operation of, or maintenance of any of Grantor's facilities, which work requires the moving of Licensee's installations or improvements, costs of movement, re-installation, or replacement shall be borne by Licensee. 7. Maintenance of Facilities Within License Area. Whenever Grantor, in its sole discretion, determines that maintenance of any installation, improvement (including the paved driveway), requires maintenance, Grantor shall perform said maintenance and Licensee agrees to pay _ % of all costs associated with said maintenance. 8. Prior Agreements. The rights and privileges granted by this Licel),se may be subject to prior agreements, easements, and conveyances, recorded and unrecorded, and it shall be the Licensee's sole responsibility to determine the existence of any rights, uses, or installations conflicting with Licensee's use of the License Area and to resolve any such conflicts. t""\ ([') 9. Indemnification. Licensee agrees to indemnify and hold harmless the City of Aspen, its officers, employees, insurers, and self-insurance, from and against all liability , claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, death, property loss or damages, or any loss of any kind whatsoever, which arise out of or are in any mauner connected with this License, if such injury, loss or damage is cause in whole or in part by, or is claimed to be caused in whole or . in part by the act, omission, error, professional error, mistake, negligence, or other fault of Licensee. Licensee agrees to investigate, handle, respond to, and to provide defense for and defend against, any such claim or demands at the sole expense of Licensee or, at the option of the City of Aspen, Licensee agrees to pay City of Aspen or reimburse City of Aspen for the defense costs incurred by the City of Aspen in counection with, any such liability, claims or demands. Licensee further agrees to bear all costs and expenses related thereto, including court costs and attorney fees, whether or not liability, claims, or demands alleged are groundless, false or fraudulent. 10. Insurance. Licensee shall at all times during the term hereof, carry public liability insurance for the benefit of the City with limits not less than those specified by Section 24-10- 114, C.R.S. (currently $150,000 per person and $600,000 per occurrence) as may be amended from time to time, naming the City of Aspen as additional insured. Licnesee shall maintain said public liability coverage in full force and effect during the term of this License and shall furnish the City with a most current certificate of such coverage evidencing its validity. All insurance policies maintained pursuant to this agreement shall contain the following endorsement: "It is hereby understood that this insurance shall not be cancelled by the surety until thirty (30) days after receipt by the City, by registered mail, of a written notice os such intention to cancel or not renew." 11. Notice. Notices and other communicationsthatrnay be given, or are required to be given hereunder, shall be in writing and shall be deemed given by the party .when delivered personally or when deposited in the United States mail with sufficient postage affixed and addressed to such party at the respective address shown below: CITY OF ASPEN: City Manager City of Aspen 130 S. Galena St. Aspen, CO 81611 LICENSEE: ~ f') 13. Grantor's Remedies: Enforcement. a. Notice of Violation: Corrective Action. If Grantor determines that a violation of the terms of this License has occurred or is threatened, Grantor shall give written notice to Licensee of such violation and demand corrective action sufficient to cure the violation and, where the violation involves injury to the License Area resulting from any use or activity inconsistent with the purpose of this License, to restore the portion of the License Area so injured to its prior conditicm in accordance with a plan approved by Grantor. b. Iniunctive Relief. If Licensee fails to cure the violation within ten (10) days after receipt of notice thereof from Grantor, or under circumstances where the violation caunot reasonably be cured within a ten (10) day period, fails to begin curing such violation within the ten (10) day period, or fails to continue diligently to cure such violation until finally cured, Grantor may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this License, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, and to require the restoration of the License Area to the condition that existed prior to any such injury. . c. Damages. Grantor shall be entitled to recover damages for violation of the terms of this License. Without limiting Licensee's liability therefore, Grantor, in its sole discretion, may apply any damages recovered to the cost of undertaking any corrective action on the License Area. d. Emergencv Enforcement. If Grantor, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the License Area, Grantor may pursue its remedies under this section without prior notice to Licensee or without waiting for the period provided for cure to expire. e. Scope of Relief. Grantor's rights under this section apply equally in the event of either actual or threatened violations of the terms of this License. Licensee agrees that Grantor's remedies at law for any violation of the terms of this license are inadequate and that Grantor shall be entitled to the injunctive relief described above, both prohibitive and mandatory, in addition to such other relief to which Grantor may be entitled, including specific performance of the terms of this License, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantor's remedies described in this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. f. Costs of Enforcement. All reasonable costs incurred by Grantor in enforcing the terms of this License against Licensee, including, without limitation, costs and !t-xpenses of suit and reasonable attorney's fees, and any costs of restoration necessitated by Licensee's violation of the terms of this Licens....e. sh.all.b.e bor.ne.b.. y Li.cense.e;. provided, however, that if Licensee ultimately prevails ina jtldiciaierlforcemeIlt action each party shall bear its own costs. 1"\ fJ g. Grantor's Discretion. Enforcement of the terms of this License shall be at the sole discretion of Grantor, and any forbearance by Grantor to exercise its rights under this License in the event of any breach of any term of this License by Licensee shall not be deemed or construed to be a waiver by grantor of such term or any subsequent breach of the same or any other term of this License or of any of Grantor's rights under this License. No delay or omission by Grantor in the exercise of any right or remedy upon any breach by Licensee shall impair such right or remedy or be construed as a waiver. h. Acts Bevond Grantor's Control. Nothing contained in this License shall be construed to entitle Grantor to bring any action against Licensee for any injury to or change in the License Area resulting from causes beyond License's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Licensee under emergency conditions to prevent, abate, or mitigate significant injury to the License Area resulting from such causes. 13. General Provisions. a. Controlling Law. The interpretation and performance of this Agreement shall be governed by the laws of the State of Colorado. b. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Agreement shall be liberally construed in favor of the grant to effect the purpose of this Agreement and the policy and purpose of C.R.S. 38-30.5-101 et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this Agreement that would render the provision valid shall be favored over any interpretation that would render it invalid. c Severabilitv. If any provision of this Agreement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby . d. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to this Agreement and supersedes all prior discussions, negotiations, understandings, or agreements relating to this Agreement, all of which are merged herein. e. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. f. Successors. The covenants, terms, conditions, and restrictions of this ,Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property. I"". .~ J g. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shan have no effect upon construction or interpretation. h. Recordation. Licensee shall record this instrument in timely fashion in the official records of Pitkin County, Colorado, and may re-record it at any time as may be required to preserve its rights in this Agreement. [Signatures and acknowledgments on following page] .' '" C) IN WITNESS WHEREOF, the parties hereto have executed the foregoing on the day and year above first given. The City of Aspen, Grantor By: Title: County of Pitkin ) ) ) ss. State of Colorado The foregoing instrument was acknowledged before me this , by the above named Grantor(s). day of WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public LICENSEE By: County of Pitkin ) ) ) ss. State of Colorado The foregoing instrument was acknowledged before me this , by the above named Licensee. day of WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public JPW _SI6/02_G:\john\word\agr\monafrost-access-license,doc 1""'"'\ ~ -#~ -\J (lie. . # Ordinance No. 19 (Series of 2002) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING THE REZONING FROM SCI (SERVICE/COMMERCIAL/lNDUSTRIAL) TO R-6 (MEDIUM DENSITY RESEIDENTIAL) OF A TRIANGULAR PORTION OF LOT 4, TRUEMAN NEIGHBORHOOD P~OJ"ECT I'R()PERTY LOCA TED.l'10RTHOF LOTS D AND E OF BLOCK 71, ORIGINAL ASPEN TOWNSITE, LOCATED AT 216 E. HALLAM STREET, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-073-14-001 WHEREAS, the Community Development Department received an application from Frost Property LLC, represented by Stan Clauson Associates, LLC, requesting rezoning approval pursuant to Section 26.310.1 0 of the Land Use Code for a property located at 216 East Hallam Street in the City of Aspen; and WHEREAS, the Community Development Department Staff reviewed the Application for compliance with the Rezoning Review Standards and has reviewed the subject property and finds it to be that property described by Pitkin County, Colorado District Court, Decree Quieting Title, Case No. 02 CV 40; and WHEREAS, the City Zoning Officer, the City Engineer, the Parks Department, Aspen Consolidated Sanitation District, and the City Fire Department reviewed the rezoning and development proposal for 216 East Hallam Street and provided written referral comments asa result of the Development Review Committee meeting; and WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Director recommended approval of the Rezoning with conditions stated herein; and, WHEREAS, the Aspen Planning and Zoning Commission reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, and conducted a duly noticed public hearing on March 5, 2002 and by a vote of six to zero recommended that the City Council approve the rezoning from SCI to R-6; and WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, have reviewed and considered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral agencies, and has taken public comment at a public hearing; and, WHEREAS, the Aspen City Council finds that the rezoning request meets or exceeds all applicable review standards and that .the approval of the rezoning is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety and welfare. 1""\ ('1 . ~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves the Rezoning from S/C/1 to R-6 a property located at 216 East Hallam for property described as: A PARCEL OF LAND BEING APART OF LOT 4, TRUEMAN NEIGHBORHOOD COMMERCIAL PROJECT AS RECORDED IN PLAT BOOK 5 AT PAGES 70 THROUGH 75 IN THE OFFICIAL RECORDS FOR PITKIN COUNTY, COLORADO, SAID PARCEL BEING MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID LOT 4, WHENCE THE WEST QUARTER CORNER OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPLE MERIDIAN BEARS NORTH 17047' 34" WEST, A DISTANCE OF 1348.91 FEET; THENCE NORTH 430 08' 33" WEST, A DISTANCE OF 70.76 FEET MORE OR LESS ALONG THE SOUTHWESTERLY BOUNDARY OF SAID LOT 4 TO A POINT OF INTERSECTION WITH THE WESTERLY BOUNDARY OF LOT "J", BLOCK 71 ORIGINAL ASPEN TOWNSITE PROJECTED NORTHERLY, THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHWESTERLY BOUNDARY OF LOT 4, NORTH 430 08' 33" WEST, A DISTANCE OF 70-76 FEET TO A POINT OF INTERSECTION WITH THE WESTERLY BOUNDARY OF LOT "D", BLOCK 71 THENCE NORTH W 50' 49" EAST, A DISTANCE OF 29.62 FEET ALONG SAID LOT "D" WESTERLY BOUNDARY PROJECTED NORTHERLY; THENCE SOUTH 750 48' 37" EAST, A DISTANCE OF 15.55 FEET; THENCE SOUTH 780 26' 25" EAST, A DISTANCE OF 26.16 FEET; THENCE SOUTH 630 52' 32" EAST, A DISTANCE OF 18.70 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY PROJECTION OF THE WESTERLY BOUNDARY OF SAID LOT "J", BLOCK 71 ORIGINAL ASPEN TOWNSITE; THENCE SOUTHERLY ALONG SAID NORTHERLY PROJECTION SOUTH W 50' 49" WEST, A DISTANCE OF 65.15 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE PROPERTY DESCRIPTION CALCULATES TO CONTAIN AN AREA OF 2925.506 SQUARE FEET MORE OR LESS. ,-." ';~ , . Section 2 This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3 If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4 A public hearing on this Ordinance was set for July 8, 2002 at a meeting to commence at 5:00 p.m. in the City Council Chambers, Aspen, City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation with the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 24th day of June, 2002. Attest: Helen Kalin Klanderud, Mayor Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this 8th day of July, 2002. Approved as to form: Approved as to content: Helen Kalin Klal1derud, Mayor City Attorney Attest: Kathryn S. Koch, City Clerk (""." Q FROST PROPERTY, LLC APPLICATION FOR REZONING, ALLEY VACATION AND LICENSE AGREEMENT FOR ACCESS \ ~ 1. The applications before the Council tonight involves several related. mgttE:3r~gI19~~'\I~ral~c;ti.()ns. ~nd Reading of ... READ FROM R'EPORT Discuss taking. testimony on all of the matters. Staff would like to proceed with reporting on all matters for consideration tonight given the interrelatedness of the separate actions. 2. Summary of application from Staff Report, GO TO Presentation Materials and identify the site, the vicinity and the areas under consideration. 3. Identify Applicant, representative-Stan-SEE No.3 and some background info 4. Note that the development application is before the PZ and the HPC for... major development as a historic property. Duplex on the front and unit and ADU on the back barn parcel. 5. Address Rezoning p. 3 of the staff report 6. Address Alley Vacation-note conditions and discretion of council in this vacation., input from referral agencies. 7. Address License Agreement-Exhibit D 8. Recommendation-Note findings in Exhibit A .. . ,,' ~'/{" \. .\ . . . . . ~. .. .. . . \ . " t"""\ B JOHNSON..M.D.. RICH~~D. . T SEGAL. M.D. "'.., :~~::T~. L....~D. M.D. . ",,<./"'_<'0"'>"' """~"'''~' ""',;\-"'_',i<-,,,... .. 0 . EAST TOWER .",,<.., .................'..... SUI~::~ A,. A~P...~~c:>AO 13601 PRES,.c>N__ ""TExAs 75240-4954 DALLAS, 9721661-~19:? 9721960-?~~~,~,~~~4f ~'^"" '""""'~~0 .. "u,',---:::7~-C"='-~-==" ;:'-j)" dJ, ~:~~'::::~;~~~;;~~~~;'6r~~~g?~1,.; ....:.:....cfha. 'U /;1) J~~Pl~.Ji . / .. ~ b / ALLERGy' ". S ASSQCIAJ];;"",.. I J"-16-2002 I'IlN 10' 10 " EXA)Ill( 'UAUTI FAX NO, 30~7164 , ;1 P. 01 CAPLAN AND EARNEST LLC ATTORNEYS Ai LAW RECEIVED JUL 15 lUUl A:'rc\\I rli KiN CO~UNiTY DEVELOPMENT July 15. 2002 COLLEEN A. O'LAUGHL1N JENNIFER ^. SULLIVAN M. GWYNETH WtlALEN MARK 8. WILETSKY JULIE A. TISI-IKOW$Kl SHE.LLY O. MERAITT KATHLEEN M. SHANNON Ct-IRISTOPHEft ^. GUNLlKSON CHR1GTOPHER P. FRIt=ZDMAN DEREK H. KIERNAN..JOHNSON JAMES C. "BRANUM PH1LLlSA s. Sl'lOEMAKEn OF COUNSEl., GEn.ALO A. CAPL........N O. LANt:: EARNEST LYNN G. KUYKENDALL RICHAHD E. 13UMP WILLIAM ^. AHLSTRAND LYNN DAVID BIRD WilliAM J. KOWALSKI SUSANS.SCHERMERHORN J. MAnCUS PAINTER ALLEN P. TAGGART SI'IARON E. CAULFIELD SARAI'I E. MESHAK W. STUART STULLER. CHEftVL M. KARSTAEDi n.l0MAS S. CnA8B PEH!P.. M. HAMILTON WATEnSTREGi 259$ O:;ANYON OOUl.eVARO, SUITE 400 80UI.OER, COl.OnADO fil,0302:;'C737 TELEPHONJ::: (303) 443-8010 TEI.!;CQP1EF1: (303) 440-3867 WWW.CELAW.COM TO: Joyce Ohlson, Deputy Director COMPANY: City of Aspen Community Development Department FAX#: (970) 920-5197 PHONE #; (970) 920-5062 FROM: Richard E. Bump Sender's Fax No.: (303) 440-3967 Sender's Phonc No.: (303) 443-8010 RE: 21 G E. Hallam Conditional Use (Mona Frost Property) No. of pages (including cover letter): 3 ORIGINAL/COPY WIl,L FOLLOW BY MAIL MESSAGE: Ms. Ohlson, Attached is a letter from Bill and Joan Ught of219 North Monarch, expressing their concerns about and objections to the above- referenced conditional usc application. Thank you in advance for your courtesy in maldng this part of the record and for distributing copies to the members of the Planning and Zoning Commission before tomorrow evening's continued hearing. Richard Bump NOTE: The inlotmati()Tl cnnlained in 01' at!llcheu to diir:;PAX m.e.'~~llge it> intended LOT the cnnnrknllal "Se orlhe intlividul\l(li) nn.fllW nbove. If you il.1l~ not the Mm.ed re(,ipient, you Me hereby J\(ltiiied that you llave received this doC\unent i1\ error and that review, dis::;emitl.il.tinn c)r copylnl; of thi:-; cllmmunication is l)l'<lhibilctl. If you ll.il.Ve received this cotUllnmic.'\lwn iIl. en'()t, }11ellr;c,: notify us in.ullcwat.clv bv te1et'l\one lllld return the oricinal (luL"lLmenlo; to u::; lw'mail. Tha.nk you. JBL-15-2002 MON 10:10 AM EX~E QUALITY FAX NO. 30~77164 , :i , P. 02 219 North Mnnarch Aspen, Colorado 81611 July 14, 2002 Jasmine Tygre, Chair Mcmbers of the Planning and Zoning Commission City of Aspen 130 S. Galena Street Aspen, Colorado 81611-1975 Re: 216 E. Hallam Conditional Use for Duplex on a 6,000 SF Lot that Contains a Historic Structure Dear Ms. Tygrc and Members of the Commission: On bch# of our family, we respectfiilly request that the conditional use application for 216 E. Hallam be denied. 'fhe proposed use is significantly out of character, larger in scale, and substantiJilly more densc than the neighboring homes. When considered in context and fairncss, the ultimate effect of the Application will be to convert a historic bam and single family home of 2-3 bedrooms and one bath on the currcnt property, into three law homes with 12 bedrooms and 8 barhs combinen on the same site. The intensity of the proposed use would push development below ground, above ground, and virtually to the extremes of the property lines, consuming the historic site with structures and requiring variances in setbacks and in parking for the cars that will inevitably overflow into the street. The historical character of the neighborhood will be irreconcilably altered by this development and its adverse effects. Our home, 219 N. Monarch, is diagonally across the street from the Mona Frost house. During the 40 years of our ownership, we have greatly appreciated the City's efforts to tnaintain the character of our West End neighborhood as it was when we purchased in the 1960's. The City has done this despite changes in ownership and those new owners' desires to reap large financial rewards from more intensive development. The first challenge to the distinctive qualities of our neighborhood was when Fred and Florence Glidden's house sold. The next was the Reynolds' house adjacent to the Glidden's on the west. Perhaps the greatest th~eat to neighborhood character occurred when the School District determined to vacate the red brick elementary school. In each case, even though an addition and a new single family home were eventually approved on the Glidden and Reynolds' sites, the ultimate uses have remained single family and, particularly in the case of the red brick school, did not succumb to multi-family, intensive development pressure. JUL-\5-2002 MON \0:1\ AM EXABYTE QUALITY !"""\ FAX NO. ~177\64 l p, 03 As a result, population density, traffic, and parking on thc street have not measurably changed over the years. Having been in our neighborhood for 40 years, it is inconceivable to us that the staff could seriously state that "the proposed duplex use is appropriate and compatible with the sutrounding sttuctures and use." The term "duplex," a.~ applied to this development, while perhaps legal, is a misnomer fot all practical purposes. Three, multi"thousand-square-foot residences, including 12 bedrooms, 8 baths, and 5 cars 011 the Mona Frost site, are not even close in character or use to such homes a.~ the Birko's or ours, each of which have historically had only a small one-bedroom apartment incorporated as part of the residence. We respectfully appeal to you to preserve the character of our neighborhood and deny the application as presented. The adverse consequences of a development of thc nature, magnitude, scale, and intensity that has been proposed by the applicant will have significant, adverse effects upon and forever change the nature of the neighborhood that City has consistendy worked so long to protect. 'lbank you for your serious and thoughtful consideration of ow: concerns. Sincerely, W~.. CP. - e..q. . c. Light ~"" E:;;:-' ~ o/f iT- Hon. Mayor Helen Kanderud Members of City Council John P. Worcester, Esq., City Attorney Ms. Joyce Ohlson, Deputy Director James Lindt, Planner -2. /""""l Joseph A. Amato r""'l. 222 E. Hallam St. Aspen, Colorado 81611 June 21, 2002 Re: Mona Frost Property; 216 E. Hallam St. Aspen - Application Before Planning And Zoning - City Council & Historic Preservation Commission Dear Neighbor: I am writing to you in an effort to provide information for your review and consideration. A development group has purchased the "Mona Frost Parcel" which includes Mona Frost's home and the old bam to the rear of her home. Both are in a sad state of disrepair. The good news is that the developer plans to "restore" the old house and barn. The bad news Is that they are planning to create "duplexes" on the side of each structure which will Droduce 12 bedrooms and 11 bathrooms. This will essentially destroy "all green areas" on this site and create "mass and densitv" which does not exist in our neiahborhood. ~ In order to accomplish this goal (4 structures - 12 bedrooms & 11 bathrooms) thev need variances, waivers, and the use of the pedestrian walkway located along the western side of the Red Brick School House. The bottom line is the dramatic effect and unnecessary change from our Victorian single family neighborhood to a multiple family village type setup (Le. too many bedrooms, cars, and excessive massing of structures.) The streetscape changes and impacts all of us in a negative way. Aside from a dramatic change to the neighborhood by additional cars (from the 12 bedrooms and the new structures), they will be using the existing pedestrian walkway. At the present time, only emergency vehicles and occasional service vehicles use the pedestrian walkway. This will create a dangerous condition for young children entering or leaving the gymnasium and for pedestrians using the walkway to get to the music tent. What can you do? 1""'\ r\ " '\ \ , -2- The HPC is prepared and willing to overlook so many of their desian standards as set forth in the "Historic Preservation Design Guidelines" dated April 2000 (see attached list) and is willing to waive set back requirements, parking requirements, and FAR restrictions to permit the uses requested. Without the setback waivers. variances and permission to use the pedestrian walkwav. the Mona Frost house and the old barn can be restored without the duplexes! Fortunately, the Planning & Zoning Commission has questioned many of the issues and problems associated with this high density, massive scale proposed development. The city counsel has to approve the i..lse of the pedestrian walkway as a driveway for this new construction. If you feel as I do that the development should be limited to the restoration of the Mona Frost home and the old barn in keeping with our neighborhood, please take some time to call the Chair of Plannina and Zonina or a member City Counsel and express your disappointment and feelings with the development of this large scale development in our neighborhood. You could attend the meeting at City Council on Mondav Julv 81:11 (a) 5:00 PM to express your concern for the safety of the kids and people using the pedestrian walkway and the traffic associated with a 12 bedroom development on this property. (Less mass, less congestion.) You could also attend the HPC meetina on Wednesdav July 101:11 (a) 5:00 PM and the continuation of the public hearing at the next meeting of Planning and Zoning Commission on Tuesdav Julv 161:11 (a) 4:30 PM and voice your objection to the proposed waivers and variances. A curb cut is available to serve the Mona Frost house and the old barn as opposed to using the pedestrian walkway. Your letter and voice is extremely important. As I said in the beginning of this note, the restoration of the Frost house and the old barn is fine. The addition of duplexes and the increase to 12 bedrooms and 11 bathrooms destroy the very fabric of our single family neighborhood. There is nothing personal here. Good planning in our neighborhood requires serious consideration of the impacts to the subject site as well as its neighbors. Thank you for your consideration. Very truly yours, ~~N\J-o~ Joseph A. Amato JAAjlag Ene. r"\ ~ ~;j , -3- Additional Facts Development - Mona Frost Home and Old Barn 216 E. Hallam St. Aspen 1. The duplexes added to each of the old structures (which in total produce 12 bedrooms and 11 bathrooms) can onlv be created with the waivers and variances reouested. Without the setbackwaivers and variances and the use of the pedestrian walkwav. the onlv development that could occur would be the restoration of the Mona Frost house and the old barn. The restoration of the two old structures would be in keeoino with our sinole familv neiohborhood and would be satisfactorv. 2. Reference is made to the City of Aspen Historic Preservation Design Guidelines dated April 2000. These design guidelines are in effect and are the rules and regulations to be followed by the Historical Preservation Commission in considering development at or on historically designated sites. I call your attention to the following pages and language relating to this development. . Page 2 - ". . . . in general setback variances and parking waivers are supported by the HPC when they benefit the landmark structure and have no detrimental effect on the property of the neighborhood. The FAR bonus is very valuable to some applicants, but its one that HPC generally feels should only be awarded to projects of significant merit .. . . to preserve or restore the historic structure when it is used to create a historic landmark lot split. Comment - A lot split would occur here for the old barn and the Mona Frost house; however, there are 2 buildings and those 2 buildings are being restored. However, they wish to add 2 additional structures (duplexes) which essentially have a major detrimental effect on the property as well as the immediate neighborhood. . Page 35 - "Private Yard 1.11 Preserve and maintain mature landscaping on site particularly landmark trees and shrubs. Comment - By creating the duplexes a major tree will be taken away on . the easterly side of the development as well as 60 to 75 year old lilac bushes which should be preserved. By granting the Mona Frost house variance, 3' to the west there area grouping of lilac bushes that would be destroyed. . Page 78 - "Preserving Building Locations and Foundations. . . it must be demonstrated that relocation is the best preservation alternative." .t""', /"""".. , I .' ~ , -4- Comment - The sole purpose of moving each of the existing structures is to create duplexes. HPC very rarely allows the relocation of a building. Why have they allowed this here based on their normal consideration of relocation? . Page 82 - "Basic Principals for New Additions" - "The addition also should not affect the perceived character of the building. In most cases, loss of character can be avoided by locating the addition to the rear." "Keeping the size of the addition small in relation to the main structure also will help minimize its visual impacts.""For example, a side addition may change the sense of rhythm established by side yards in the block. Locating the addition to the rear could be a better solution in such a case." Comment ~ The basic orientation of the existing barn is being turned in order to add a large duplex. Why? The Mona Frost house is being moved 3' to the west by granting a setback variance so a duplex can be added alongside of the Frost home. Why? Based on the above they are violating the basic principles for new additions. The barn should be left where it is. . On page 88 - "Mass and Scale - The mass and scale of a new building is also an important design Issue. A new building should be considered compatible in mass and scale with its historic neighbor and not overwhelm it." .' Comment - By adding the two duplexes the mass and scale of the old houses is overwhelmed and so is the lot. Therefore, the current . development plan does not conform to the mass and scale that the design guideline speaks to. . Pedestrian Walkway - There is a letter from the city attorney - The pedestrian walkway should not be used as a means of ingress and egress from the proposed development. . Comment - Why has HPC chosen to ignore the contents of this letter? City Council will vote on this and hopefully not ignore the City Couru;:iI's Attorney. . There are numerous other sections of the Historic Preservation Design Guidelines that are essentially being ignored. If you wish to take the time to review this book it is available at the HPC or other places in town. 1""'\ (""\, Bump Richard, 03:46 PM 1/14/02 -0600, Re: 216 E. Hallam Rezoning To: Bump Richard <bumpr@mindspring.com> From: Joyce Ohlson <joyceo@cLaspen.co.us> Subject: Re: 216 E. Hallam Rezoning Cc: Bee: Attached: Greetings, Here is the best way for you to get the information reo allowable uses in both the SCI and R-6 zone districts: Go to WWW.aspengov.com Ciick on Community Development Department Ciick on Documents Available Ciick on Municipal Code, then Ciick on Search (top left) Type in "R-6 Zone Districf' (print if you want) and separateiy, Type in "SCI Zone Districf' (print) The applicants are seeking to change the zoning of the back parcel (where the barn is iocated) from SCI to R-6. This would allow them to build a single family dwelling on that parcel. They are also seeking to vacate a portion of an old remnant piece of alley (pubiic right of way) behind the main house. Some of this vacated land area would go to the back parcel and some would go to the main house parcel. Ifthis were to happen, the main house could be converted from a single family dwelling to a duplex. There Is no official development plan proposed at this time. They are proposing the rezoning, alley vacation and formal access approval from the City (for their current driveway which is on City property). The information in the above paragraph is what could be allowed. Any actual physical development on the site would be subject to further review by the Historic Preservation Commission because the site is landmarked. Please feel free to message me with further questions. The appiication is also available for review here at City Hall. Joyce Allgaier Ohlson Deputy Director of Community Development At 09:23 PM 1/13/02 -0700, you wrote: Dear Ms. Ohlson, Our family owns the residence at 219 North Monarch, which is diagonally across the street from 216 E. Hallam. We would like to know what uses are authorized under the current SCI zoning category anchivhat uses Onder the proposed R-6 (Medium-Density Residential), being requested. Also, have any plans for the use of the property under the proposed new zoning category been submitted? Thank you for your assistance. Richard and Linda Light Bump Bill and Joan Light (303) 443-8010 Printed for Joyce Ohlson <joyceo@ci.aspen.co.us> 1 r-. r'\ , ) /~ Bump Richard, 09:23 PM 1/13/02 -0700, 216 E. Hallam Rezoning' ~. Date: Sun, 13 Jan 2002 21 :23:27 -0700 From: Bump Richard <bumpr@mindspring.com> X-Mailer: Mozilla 4.73 [en] (Win95; U) X_Accep~Language:en To: joyceo@ci.aspen.co.us Subject: 216 E. Hallam Rezoning X-ECS-MailScanner: Found to be ciean Dear Ms. Ohlson, Our family owns the residence at219 North Monarch, which Is diagonally across the street from 216 E. Hallam. We would like to know what uses are authorized under the current SCI zoning category and what uses under the proposed R-6 (Medium-Density Residential), being requested. Also. have any plans for the use of the property under the proposed new zoning category been submitted? Thank you for your assistance. Richard and Linda Light Bump Bill and Joan Light (303) 443-8010 rbump@celaw.com Printed for Joyce Ohlson <joyceo@ci.aspen.co.us> 1 I""'\. , ! ("'\ ~'.;/ " Seguin & Associates, 05:21 PM 1/10/02 -0700, No Subject From: "Seguin & Associates" <seguin@aspeninfo.com> To: <joyceo@cLaspen.co.us> Date: Thu, 10 Jan 200217:21:37 -0700 X-Mailer: MicrosoftOuijook Express 4.72.3110.1 X-MimeOLE: Produced By Microsoft MimeOLE V4.72.311 0.3 X-ECS-MailScanner: Found to be clean Hi Joyce, Got your notice RE:216 E. Hallam Rezoning I live across the street on the corner. I suppose this notice means a duplex or something worse. This is purely a single family residence neighborhood. I am a bit sensitive as the community church is my neighbor to the south. I was assured that elevator monstrosity they built on the alley would not impact my view of Aspen Mt. and would be done in gO days. It has been eight months and I totally lost my Aspen Mt. view. in addition the project is still not done. Please let me know what R-6 medium-density residential translates to. Thanks Bill Seguin Printed for Joyce Ohlson <joyceo@ci.aspen.co.us> 1 1"""1 ~ , L)' -, Seguin & Associates, 11:14 AM 1/11/02 :0600, Re: 216 East Hallam To: "Seguin & Associates" <seguin@aspeninfo.com> From: Joyce Ohlson <joyceo@ci.aspen.co.us> Subject: Re: 216 East Hallam Cc: Bee: Attached: Dear Mr. Seguin, Thank you for your email message dated 1/10/02. I would be happy to discuss this matter with you and provide any additional information. I would like to do this sometime on Monday 1/14, after I have given additional study to the case and met with the applicant (in the a.m.) to have some of my questions answered. Please expect to hear from me Monday afternoon or Tuesday. Thank you. Joyce Allgaier Ohlson Deputy Director of Community Development At 05:21 PM 1/10102 -0700, you wrote: Hi Joyce. Got your notice RE:216 E. Hallam Rezoning I live across the street on the corner. I suppose this notice means a duplex or something worse. This is purely a single family residence neighborhood. I am a bit sensitive as the community church is my neighbor to the south. I was assured that elevator monstrosity they built on the alley would not impact my view of Aspen Mt. and would be done in 90 days. It has been eight months and I totally lost my Aspen Mt. view. In addition the project is stili not done. Please let me know what R-6 medium-density residential translates to. Thanks Bill Seguin Printed for Joyce Ohlson <joyceo@ci.aspen.co.us> 1 ~."" r". , ~ Seguin & Associates, 02:12 PM 1/14102 -0600, Re: To: "Seguin & Associates" <seguin@aspeninfo.com> From: Joyce Ohlson <joyceo@ci.aspen.co.us> Subject: Re: Cc: Bee: Attached: Greetings, In terms of the Mona Frost Trust properly and what they are proposing, I wiil answer your question directly. R-6 means that a duplex could be put on the lot which fronts on Hailam and a single family dwelling on the separate back lot which currentiy contains the historic barn. This is only if the alley which divides these two parcels is vacated. Duplexes are currently allowed in the R-6 zone district. Any development would be subject to Historic Preservation Commission review and approval. Hope this helps. Feel free to come in and look at the proposal application and ask any questions. Joyce Ohlson At 05:21 PM 1/10102 -0700, you wrote: Hi Joyce, Got your notice RE:216 E. Hallam Rezoning I live across the street on the corner. 1 suppose this notice means a duplex or something worse. This is purely a single family residence neighborhood. I am a bit sensitive as the community church is my neighbor to the south. I was assured that elevator monstrosity they built on the alley would not impact my view of Aspen Mt. and would be done in 90 days. It has been eight months and I totaily lost my Aspen MI. view. in addition the project is still not done. Please let me know what R-6 medium-density residential translates to. Thanks Bill Seguin Printed for Joyce Ohlson <joyceo@ci.aspen.co.uS> 1 - / .,x;/ ij ,/~ ~~3 // /..... v.. / / ./ V' v II If! FAX NO. !J , ~. 052002 04:13PM P3 > \ N0.6931 p. 6 l\j[ ewv~V1~ 6 ~t / ./ ;// ---J c(, PROPERTY DESCRIPTION, LOT 4, .TRUEW>.N NEIGHBOI<HOOD Cc>>!M:E:RCIAL PROJECT TO THE FROsT PROI'S~T'{. A PARCEL OF LAND BEING A PA!<T .OF.LOT 4, TRUEMAN NEIGHBORHOOD COMMERCIAL PROJECT ./IS RECORDED IN PLAT BOOl< SAT PAGES 70 THROUGa 75 IN THE OFFICIAL RECORDS FOR PITKIN COUNTY, COLoRADo, SAID PARCEL BEING MORE ro1..LY DESCAIBEO AS FOLLoWS: COMMENCING AT THE MOST SOUTHERLYCO~.I< OF SAID LOT 4, WHENCE THE WEST QUARTER CORNER OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN BE:ARS NORTH 17. 47' 34" WEST, J\ DIS'l'.1\NCE OF 1346.91 nET; ENCE NORTH 43. oa' 33" WEST, A DISTANCE OF 70.76 FEET MORE OR LESS AL~G THE SO . POINT OF INTERSECTION W!TH TIlE WESTERLY BOUNIl1\.RY OF LOT oJ", BLOCK 71 ORIGINAL 1ISPEN TOWNSITE PRO.n:CTEO NORTHERLY, TIlE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOU'l'HWEST~RLY BOUNIl1\.Ry OF LOT 4, NORTH 43' 06' 33" W~~~ ~ DIStAN~F. OF 70 76 ~~T ~^ ~ pnI~T OF - INTE=Il:C'UON WITH THE m:STERLY SOllNIlAAY OF LOT "0", BOCK 71 ORIGINAL ASPEN TOWNSITE; . C NO T!; 14' 50' 49" EAST, AD CE OF 29.62 FEET ALONG SAID LOT "0" WEST Y PROJECTED RT L\ T CE SOOTH 75' 48' 37" . A DISTANCE OF 1. FEET I ,v HENCE SOOTH.7S' 26' 0 OF 26.16 FE ; It . c 63. 52' 32" EAST, A DISTANCE F 8 7... T 0 A PO T OF INTERSECTION WITH THE NORTHERLY PROJECTION' or THE WES'l'ERI.Y BOUNDARY OF :sAID LOT .. oJ". BLOCK 71 ORIGINAL ASPEN TOWNSITE; ril THENCE SOUTHERLY ALONG SAID NORTHERLY PROJECTION SOUTH 140 50' 49" ~WEST, A DISTANCE OF 6$.15 ~iT TQ TiE ~D~ POINT-o, ~~~Il~IN&. ~ THE ABOVE PROPERTY DESCRIPTION CALCULATES TO CONTAIN AN AREA OF 2925.506 SQUARE FEET MORE O~ LESS. THE PROPERTY DESCRIBED HEREWITH IS SUBJECT ~O ALL EXISTING EASEMENTS ANP RIGHTS-OF-WAY. THIS PROPERTY DESCRIPTION HAS WRITTEN BY: LOOIS H. BUETTNER 0040 WEST SOPRIS CREEK ROAD BJ\.SALT, COLORADO 970-927-3611 AI! 'jt\( 1 17.-7s,\o Z 0j:l ~ J .0 -I '2'12 S ~6b.19. 002 4:30PM .. :! 'L". ' r; f) No.4607 p. 1/9 2'" BRANDT'" FEIGENBAUM, P.C. ATtORNEYS AT LAW 0iAAu:s T. BRANDT (1939-2001) GARRET S. BRANDT Mla-lAfl. FEIGENBAUM US BANK BUILDING 420 EAsr MAIN STREET, Sum; 204 ASPEN, CoLORADo 81611 TELEPHONE: 970.925.5196 FAX: 970.925.4559 WWw.brandt-law.C9!:!:1 BASALT OFFICE: PETER P. DELANY, p~ 132 MIDlAND AVENUE, SUITE 4 BASAlT, CoLORAllO 81621 TEla'HONE: 970.925.5196 FAX: 970.925.4559 i FAX COVER SHEET PAX NUMBER TRANSMn~nm TO: 920-5439 To: cc: Prom: OientlMatter: Date: Joyce Ohlson Carnilla {\.uger - 544-9251 Garret Brandt I Pebruart 19, 2002 I I Quiet Title Complaint and court motions COMMENTS: i Ms. Ohlson - Here is the clmplaint filed for Frost Property, LLC to quiet title to the triangular piece of property at the rear df the Mona Frost house and ham. I have not attached the exhibits as you have these from prior Icorrespondences with Tom Todd. I will be setting the attached Stipulation Motion for Deere!! Quieting Title before Judge Ossola as soon as possible. If you do need any additional piece of irifonnation, please call me. Garret I I j I * NOT COUNrING COVEl<. SHEET, IF YOU DO NOTI\ECElVE AlL PAGES, PUASE TElEPHONE us IMMEDlI\TELY AT (970) 925-5196- I - \ I I i ! , I I I r CONFIDENTIALIlYNOnCE I This facsimile may contain confi~ infomllllion protected by the attomey-cliettt privilege. It is intended for the named recipient only. If you ;u-e bot the named l"ecipient, you may not use, distribute or othet"Wise disclose this infonnation without our consent. pstead, please call (970) 925-5196, we will arrange for the destruction Ol" return. k . Feb. 9. 2002 4: -.' f:..:) " /) .. ~O .46~7 p, 2/9 F;:.,"~ "':~?i:~-~'~,:::.'?';~'i . .~..... ". . I -. ~ iJO ,~t.i ! J il'l 3' i I DISTRICT COURT, PITKIN COUNTY, COLORADO A"::,....:,,{, COLOf. ;~OO Court Address: I 506 East Main Street ., Aspen, Colorado 81611 , " Telephone: (970) 925-7635: Facsimile: (970) 925-6349 I Plaintiff: I Frost Property, LLC i , Defendants: , , ! Puppy Smith LLC, and 'l'he ~ity of Aspen, Colorado Attorney or Party WithoutJ}ttorney: Name: Garret S..:j3randt Brandt & feigenbaum ~$e. Address: 132 Midl~nd Avenue Nd. Basalt, Cqlorado 81621 i Phone Number: (970) 925~5196 O?-- C V c.fQ I I Fax Number: (970) 925~4559 D;v, '2.. i E-mail: I Atty.Reg.#: 29816 I I ! COMPLAINT i I . Plaintiff; Frost Propen~, LLC for its Complaint against Defendants Puppy Smith LLC, and The City of Aspen, state ~ follows: . I , : L P ARTJES AND J1llUSDICOON I 1. Plaintiff is the bwner of record of real property (the "Frost Property") described on Exhibit" A" attached heretb and incorporated herein by this reference. The Frost Property is located at 216 East Hallam Stteet, Aspen, :Pitkin County, Colorado, 81611. A true and accurate copy of the deed evidencing ~Iaintiff' s ownership of the Frost Property is attached hereto as Exhibit "B" and is incorporat1 herein by this reference. 2. Defendant Puppy Smith, llC, a Colorado limited liability company, ("Puppy Smith"ns the owner of recol-d of real property (the "Puppy Smith Property") in the City of Aspen, Pitkin County, Col04do. The property description of the Puppy Smith Property is attached hereto as fuhibit "C"[and. is incorporated herein by reference. . ! 3. The City of Ajlpen, Colorado (the "City of Aspen"), is a Colorado municipal corporation located in Pitkin [County, Colorado. The City of Aspen is made a party to this lawsuit because any detennination rendered in this matter affects real property located within . Feb.19. 2002 4:31PM 1"')' No.4607 p, 3/9 DISTRICT COURT, EAGLE <tOUNTY, COLORADO Case No. , Prost Property LLC v. Puppy Smith LLC and The Citv of A$pen. Colorado COMPLAINT . : i Aspen city limits and involve. the division of land exempt from the definition of "Subdivision" as that term is de/:1ned in the Land Use Regulations set forth in Title 26, Section 26.104.100 of The City of Aspen Municipal fode (the "Code"). 4. Venue is proper in Pitkin County pursuant to C.R.C.P. Rule 98(a) because, inter alia, this lawsuit involves real property located in Pitkin County. ,i U. GENERAL ALLEGATlONS 5. Plaintiff incorpbrates by reference Paragraphs I through 4 above as though fully set forth herein. i 6. The Frost Prop!mY consists of two (2) pll1'Cels. The first or "front" pucel fronts Hallam Street and consists of Lots H and I oflllock 7I of the City and Townsite of Aspen. The second or "rear" pucel consists of Lots D and E oflllock 71 of the City and Townsite of ;\spen together with a triangular par~ (the "Triangular Parcer') described by metes and bounds and labeled as "Pax-cel Two" on E'lhibit "A" ' i ! 7. The Triangul&1 Parcel was the subject of adverse possession claims made by Plaintiff's predecessor in interest, The Mona J. Frost Trust (the "Trust"). The Trust asserted ownership of the Triangular iParcel by virtue of over 95 years of hostile, open, continuous exclusive, adverse and notoriqu5 use of the Triangular Parcel. The Trust and its predecessors, various Frost family memberS,i owned and maintained an historic bam structure on the Triangulu Parcel for over 95 years. Th~ Triangular Parcel was also used for an underground fuel storage tank and for motor vehicle ac~s and storage (see,Affidavit of Pauline Marshall attached hereto and made a part hereof as E~bit "D"). I I 8. The Puppy S$,ith Property was subdivided and platted by Puppy Smith's predecessor in interest, James R. Trueman, by virtue of the subdivision plat map for the Trueman Neighborhood Commercial Ppject'recorded on AprilS; 1977 in I?lat llook 5 at Page 70 of the Pitkin County Real Property ~rds (the "Trueman Plat"). , 9. The second p~e of the Trueman Plat is attached hereto and made a part hereof as Exhibit "E," and shows and I labels certain "apparent encroachments" on the lands covered thereby. - Specifically, the Trueman plat shows the historic bam located on the "rear" portion of the Prost Property. A si~cant portion of this historic bam structure is located on the Triangular Parcel described abpve. i . 10. The second page of the Trueman Plat also contains a surveyor's plat note that states that "All apparent encrojlchments subject to quiet title decree". On information and belief, James R Trueman did not ~e or complete any quiet title proceedings to resolve ownership to the real property underlying these apparent encroachments. -2- Feb.19.2002 4:31PM ~. No.4607 P. 4/9 DISTRICT COURT, EAGLE COUNTY, COLORADO Case No. . Frost Propbrtv. LLC v. Puppy Smith LLC and The City of Aspen. Colorado ' COMPLAINT , 11. In order to resqlve the Trust's adverse possession claims, Puppy Smith executed and delivered a Quit Claim D~ed recorded as Reception No. 455904, puJporting to transfer title to the triangular Parcel. A ttiIe and accurate copy of the Quit Claim Deed is attached hereto as E:>iliibit "F', and is incorporat~d herein by reference. , I I 12.. Such severance, p~tion, conveyance of the previously platted portion of the Puppy Smith Property may arguably pe considered to be in violation of the City of Aspen's subdivision regulations in the absence of ejq>ress City of Aspen consent or acknowledgement to the same. I . i QumT 'I'm.E CLAIM . I 13. Plaintiff repeai~ and incorporates by reference Paragraphs I through 12 above as though fully set forth herein. ! I 14. Any claim of ltuppy Smith or the City of Aspen to any right, title or interest in and to the Triangular Parcel ilj adverse to the legal rights and property interests of Plaintiff; and the City of Aspen's and Pupp~ Smith's claims are without foundation or right. I 15. Accordingly, Plaintiff seeks a complete adjudication of the rights of all Parties to this action with respect to thel ownership of the Triangular Parcel and a decree quieting title in Plaintiff. i i WHEREFORE, Plainturrequests. that this Honorable Court enter an Order: a. Granting judJent in favor of Plaintjffand against Defendants Puppy Smith and the City of Aspen on all claim+ set forth in the Complaint; I . Quieting title 'In Plaintiff in and to the Triangular Parcel and declaring that Plaintiff is the qwner of a fee simple estate in the Triangular Parcel; . I ; c. Awarding Plailjltiff such other and further relief as this Court deems just and proper. I Dated February ~ ~002: I I .1 ! b. Respectfully submitted, 1 , I I I ~~/ Garret S. Brandt, #29816 BRANDT & FEIGENBAUM ATTORNEYS FOR PLAINTIFF -3- Feb.19, 2002 4:31PM No.4607 p, 5/9 f) DISnuCT COURT, PlTKlN fOUNTV, COLORADO Court Address: . 506 East Main Street i Aspen, Colorado 81611 1 Telephone: (970) 925.-763 Facsimile: (970) 925.63491 Plaintiff: , Frost Property, LLC Defendants: , Puppy Smith LLC, and The City of Aspen, Colorado Attorney or Party Without :Attorney: Name: Garret S.i:Brandt Brandt ~FeigenbaUm Address: 132 Midi nd Avenue Basalt, crlorado 81621 Phone Number: (970) 92~-5196 I Fax Number: (970) 92~-4559 . I B-mail: I Atty.Reg.#: ~"I "1((; i STIPULA~ED MOTION FOR DECREE QUlETlNG TITLE I COMES NOW, Plaultiff, Frost Property, LLC Defendants, Puppy Smith, LLC and The City of Aspen, either pro se qr by and through their respective attorneys, hereby jointly stipulate and submit this motion as to tre following matters: I. The Defendants accept service of process and confess judgment on the pleadings filed in this action. ' 2. The parties haLe reached complete agreement on all matters relating to the facts and issues arising from the 41aims covered by this action, and are desirous of stipulating to a decree quieting title. i I 3. The parties h~rebY waive their rights to appeal or otherwise contest the final decree quieting title so long ~s it is in form and content identical to the proposed decree filed with this motion. : i 5. Each party shall pay its own respective attorney fees, costs and expenses. I Feo.19, 2002 4:31PM 1'1, n No.4607 P. 6/9 I , , DISTRICT COuaT, PITKIN t:OUNrY, COLO:RADO Case No. , Frost Propertv. LLC v. PI.\PPV Smith LLC and The Citv of Aspeq, Colorado I STXl'ULATED MOTION FOa !DEcaEE QUIETING TITLE I i I , , I Respectfully submitted this of February ,2002. I-- I I i I BRANDT & FEIGENBAUM By: ~/7Br-~- Garret Brandt, # ~r.;'f{I" BRANDT & FEIGENBAUM 132 Midland Avenue, Sl.\ite 204 Basalt, Colorado 8162 I ATTORNEYS Faa PLAINTIFF THE CITY OF ASPEN, a Colorado municipal corporation By"~//~I"- ~ - John Worcester, City Attorney 29019S9_LDOC -2- ,Feb.19,2002 4:31PM IJ No.4 6 0 7 P. 7/9 DISTRICT COURT, PITKIN ~OUNTY, COLORADO Court Address: , 506 East Main Street i Aspen, Colorado 81611 i Telephone: (970) 925.763~ Facsimile: (970) 925-634~ Plaintiff: Frost Property, LLC , Defendants: i ! Puppy Smith LLC, and The City of Aspen, Colorado Attorney or Party Without Attorney: Name: . Garret ~Brandt Brandt Feigenbaum Address: 132 Midl~nd Avenue Basalt, C lorado 81621 I , Phone Number: (970) 92$-5196 , ! FalS: Number; (970) 921-4559 E-mail: Atty.Reg.#: , ~'f<{ (t;, ! [ D~CREE QUIETING TITLE , , THIS MATTER he~rd this day, THE COURT FIN~S: I , That each of the defendants herein have been properly served as required by law and rule of Court; that this is an action in rem affecting specific real property; that the court has jurisdiction of all parties to this action and of the subject matter thereof; that the alIegation~ of the C-omplaint are true; that every claim made by said defendants is unlawful andl without right; that no defendant herein has any title or interest in or to the property described herein or any part thereof; therefore: , IT IS ADJUDGED ~ND DECREED HlAT Frost Property LLC, Plaintiff, at the time of the commence$ent of this proceeding, was, and now is, the owner in fee simple, with right to posse~sion of the real property in Pitkin County, Colorado described on Exhibit "A" *tached hereto; that fee simple title in and to said real property be and the Same ~ereby is quieted in the Plaintiff, and that each of the defendants has no right, ti~le, or interest in or to the said real property or any part thereof, and that they are tiorever enjoined from asserting any claim, right, title or interest in or to the said rell! property or any part thereof. , i , I , Feb.19, 2002 4:31PM f'l No.4607 P. 8/9 I ! DISTRICT COURT, PITKIN ~OUl'ITY, COLORADO Case No, , Frost Propertv. LLC v. Puppy Smith LLC and The City of Aspen. ColoradQ , DECREE QUIETING TITLE ! I I I i i ! day of __ ,2002 Dated this BY THE COURT District Judge 2902057 _2.DOC -2- Feb.IS. 2002 4:31PM f;' , ., ,.\' r) No.4607 P. 9/9 EXHIBIT i"A" TO DECREE QUIETING TITLE Pronertv Descrintion ( ! I A parcel of land being that 'portion of Lot 4, Trueman Neighborhood Commercial Project adjacent to Lots D ~nd E, Block 71 City and Townsite of Aspen (according to the 1959 official map of the City of Aspen) described as follows: Beginning at t~point ofi~tersection of Aspen Townsite Line 4-5 and th{W~ line of Lot K, Block 71 City and TOVlo"Ilsite of Aspen, projected northerly (said pomt of . beginning bein the South,est Corner of that parcel of land described in Book 343 at , Page 518 of the Pitkin Cou~ty records); thence North 14 degrees 501'49" East 37.98 feet along the westerly boundary of said Book 343 at Page 518; : . . i thence North 75 degrees 09,'11" West 59.82 feet; I thence South 14 degrees 50149" West 5.35 feet to the Southwesterly boundary of said I Lot 4; i, ~ \.J..~.v ,J{~ 'M4.- rlV'W ';:;0 ~ /.., ,~ thence south 43 degrees 08133" West 70.54!eet along said southwesterly boundary of Lot 4 to the westerly bound,ary of said Book 343 at Page 518; , thence North 14 degrees 50'49' E~! 4.TUeet along the westerly boundary of said Book 343 at Page 518 to the point of beginning. , i I ~ (}3' f c ), Co' COUNTY OF PITKIN "1.,,ft/~. .:r,T~:;c;';' . , "it! ,I, ~ STATE ClE,COLORAP6" i .J i ;" - i , f,':j I. 31- iJ;.. .~C:~ '~~ ~. >->-cc~-<~_ ~ . ~<>~~;SUG' . 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'f\.: .~O .,' ~~~~ .,~~~ / ole 6. 1. NOTES AN ORIGINAL""''\T (lotAP) PRINT PREPARED~AS A PICTORIPE~TOF SURVEY BEARS AN ORIGINAL \INK) SIGNATURE AND SURVEYOR'S SEAL. REPRODUCTION COPIES Of' A PLA T (MAP) PRINT SHOWING SURVEYOR'S SIGNATURE AND SEAL lotA Y CONTAIN FRAUDULENT. INCORRECT. ERRONEOUS. OR lolISLEADING INfORMATION. POSSESSION Of' . SUCN REPRODUCTION COPIES AND THE USE OF THE INfORMATION THEREON IS UNAUTHORIZED BY SURVEYOR. DOCUMENTS PREPARED BY SURVEYOR AND WITHOUT A SIGNA TURE AND SEAL ARE TO BE VIEWED AS PRELIMINARY WITH ALL INfORMATION SHOWN SUBJECT JO CHANGE. THE B,I;SIS OF BEARINGS FOR THIS SURVEY IS THE RECORD BEARING Of' SOUTH 75'09'11' EAST. SAID BEARING WAS ESTABLISHED BETWEEN THE FOUND ORIGINAL 1959 ClTY OF ASPEN BLOCK CORNER MONUMENT AT THE SOUTHEASTERLY CORNER OF ASPEN ST. AND HALLAM ST. AND THE FOUND 1oI0NUlotENT AT THE SOUTHWESTERLY CORNER OF lolONARCH ST. AND HALLAloI ST. THE FOUND MONUMENT AT ASPEN ST. AND HALLAM ST. WAS USED AS THE BASIS OF LOCATION. THE FOUND MEURER SERAFINI MEURER MSM 0-25 SHOWN HEREON WAS USED FOR THE LOCATION OF LOT <4, TRUEMAN N!:tGHBORHOOD COMMERCIAL PROJECT. 2. 3. THE FOUND U.S. BUREAU OF LAND MANAGEMENT (BLM) BRASS CAP MONUMENT SET IN 195<4 AS CORNER 5. OF THE ASPEN TOWNSITE ESTABLISHED THE HORTHWESTERL Y END OF THE ASPEN TOWNSITE LINE <4-5. THE FOUND 1978 BLM BRASS CAP MONUMENT CC)RNER 5, ASPEN TOWNSITE WAS USED TO ESTABLISH THE 1978 LOCATION or SAID CORNER. THE CORNER 38 EAST ASPEN ADDITION, (EAST ASPEN TOWNSITE), WAS REPORTED IN 1954 AS SElNG ON THE ASPEN TOWNSITE BOUNDARY LINE 4-5. THIS Y.Oj"'lUMENT rei;; CC:>~NER .s8 HAS BEEN 08UT::R:~TED ,;\;'1D LOST. THE 195.+ AND ~978 SUA SURVEYS EST ASLISHED . TIES FOR THE CORNER. THE TIE i 0 THE SOUTHEASTERLY CORNER OF. THE GLIDDEN HOUSE WAS USED TO ESTABliSH THE CORNER POSITION. ( mE PRESENCE OF THE GOVERNMENT AND PRIVATE SURVEYS ALONG ASPEN TOWNSITE BOUNDARY LINE 4-5 HAS CREATED GAPS AND OVERLAPS FOR THE PROPERTIES ADJOlNlNG SAID LINE. 4. TfJE LOCATION OF LOT 4, TRUEloIAN NEIGHBORHOOD COMMERCIAL PROJECT WAS EST ABLISH BY USING THE SUBDIVISION PLA TS RECORDED IN PITKIN COUNTY. LOTS 0 a: E, H a: I. (N a: 0), BLOCK 71 ORIGINAL ASPEN TOWNSITE ARE OFTlClALLY 3/J BY 100 FEET AS DEPICTED ON THE OFFICiAl MAP OF ASPEN. APPROVED'IN ~9. THE APPROVED PRACTICE OF DIVIDING THE TOTAL FIELD MEASURED BLOCK LENGTH BY T~ NUlofBER Of' LOTS WITHIN SAID BLOCK ESTABLISHES A FiElD LOT WIDTH Of' 2.,,~,..mT FOR THOSE' IN BLOCk 71. THIS DISTANCE IS AN AOJUST\lENT. so AS-T(). Ei!:lUATE THE FIElD WORK OF TO-DAY WITH THE FIELD WORK Of' YESTPlOAY. THE UTII..lTY LINES SHOWN HERroN ARE FROM FIElD OBSERVATIONS OF LO(,)A TlOt/, MARKINGS PLACED ON THE GROUND BY THE UTILITY REPRESENTATlVE. THIS SURVEY DOES NOT CONSmUTE A TITLE SEARCH BY SURVEYOR TO ~. TITLE OREASEMEl'tTS Of' RECORD. RESEARCH FOft THIS SURVEY WAS.PEliF~1N APCOl!OANCE WITH COlORADO RlVlSEO STATUTES 38-51-106.A/'lD ""~C)r' . PlloCEtll$E AND BOARD POlICY STATEMENTS Of' THE STAn: BOARD Of PROFt$SI<)NAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS, SPEClfICALL Y T~sE 8~~D !'ULES AND POlICY.STATEMENTS RELATING TO THE DEPICTION Of" EA~S ANliIllGfrt...or- WAY ON SURVEY PLATS. THE TITLE POlICY FROM LAND TIT\.L oUliRANfU. COlolPA.Nv. ORDER NO. 0382828, DATED JANUARY 29, 2002 AT 5:00 P."" WAS RElIE.D UPONF'OR ALL INFORMATION REGARDING EASEMENTS, RIGHTS-Of'-WAY. TITLE, AND CIVIL COURT ACTIONS Of' RECORD. 6. THE DOCUMENT LISTED BELOW WERE USED IN A$CERT AlNING THE LoeA TION Of THE P'ROPtItTY SHOWN HEREON. tHE;RE MAY EXIST OTHER DOCUMENTS THAT COULD Ef'F"ECT THIS PROPERTY BOUNOARY LOCATION. BUT THEY ARE lJI'lKHOWN TO SURVEYOR. A"A) THE OFF"ICIAL IIAP. CITY .Of ASPEIt ,\/'PROVED 1959 ep>- B) THE TRUD.tAN.~ c~ PROJtCT PlATS R[COROED IN 1977. .~ C) THE 1lUI195<4TE1..1.ER, ADVANC!E DATA F1ELD NOTES, THIS SllItVEY WAS NEVER APPROVED. D) THE BLM1S76RUlJRVtY, Af'PROVED 1980. E} THE 18" WLL/T$ .wC)r~$PD!. F") THE PlAT Of EAST ASPEN Al)DItlON, (AKA ASPEN TOWNSITE ADDITION). AND .li......_. """~tftII.I 5. 7. (f) GY C0 @ cJ) t""l ~ ~. ".'ij / Iv /6<.5tiT7 i...l () f q .1SPtE".J TbwlvSJTt:.. LlrvE '1_)- /' 4-'7(3 ill -")> c. c~)) .D-y ~ E --7' A 7 . 7( wr:sr L1tv( of I3LoLlc 7 ( ) l' /L:5<E I.IEv M (1- rrl (.,.ocLy (SA',(/ f7T o!-. f3e:.CI'N'Vi"-''3- IStltvt; T7/{ 5\()T1I/.ve;~T e"OJVE'\. OF TJlI1 r PA IUJL v,J. LA r",o] OC'Si...--z/0ED. _0' ) LoT K ) N ; (j-St.;/ - 'I (' E.. 27. 'it IIL''''5 Cvt:5TAc.y t3wb.J.o,.",;/ 4,'" L1~c- ')E'" c,.e:o 5..<\/2 P'Pit:. ;]ij5 I'",~( sit j0 7')" '1 (/i' IN <)1. ?L s ! if" j6 I O'1"w - T ;) ,3s 'I b~< ,'/t (30v/>U)'I'1./ ,!,- LOft') ('"71> 711(, S"'-'WWC572c'0Ly (,..; \ S 11' J / 33;1 vi 7>S.f ~ A C-iv{ :5 L.-u /6''''-041 I 6," !..-,;T 'f --...,... /U';f/ / w,.,v""'~ \ \ (YLA7 s.f 70.16 ) 5!l ~"U) tJ<.. ~ o rr~1 33(/ t:.. q. ) .. JJ Ai /1/ 5Z> . C( '1 ~ {~77- ALo"-d f.rJf-'/it'<.L y 4 ! !..IAlO.olf/1.y t....j n ",,,,- Brian Flynn, 11 :40 AM 5/23/02 -0500, Mona Frost recap of our last meeting with Camilla X-Sender: brianf@commons X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58 Date: Thu, 23 May 200211:40:14 -0500 To: joyceo@ci.aspen.co.us From: Brian Flynn <brianf@ci.aspen.co.us> Subject Mona Frost recap of our last meeting with Camilla Cc: austinw@ci.aspen.co.us X-ECS-MaiIScanner: Found to be clean Please see below and respond with questions. Parks Department: . lithe sewer line is moved on the north side of the building, the Parks Department should be involved in the re- landscaping of the area. It was agreed that the applicant would hydro-seed this site with the 2002 Native Seed mix (not contingent on the moving of the sewer line). Seed mix has been given to the applicant. . The project must maintain the access to the public ROW through providing signs for the trail. The applicant should work with the Parks Department on design specs. . No parking allowed in the public ROW, this is a public trail and fire lane. . The applicant should be encouraged to continue the pavement around the Red Brick building to join with the existing trail. The applicant has agreed to do this (see last bullet point). Applicant has agreed to secure pricing for concrete and review this with parks as an alternative to pavement. . Do not plant vegetation such as lilacs that will encroach into the ROW. As an alternative, the Parks Department suggests that Columnar Buckthorn trees be planted between the ROWand the Red Brick building. The planting plan was accepted by the parks department with the condition that a written letter of commitment is required by the developer that the landscaping along the red brick building will be maintained by the developer or property owner and all future changes to the landscaping will be approved by the Parks Department. . The driveway for 216 Hallam will be shared with bicyclists and other trail users. Vegetation should not be planted that will block the site distance for cars using the driveway. The applicant is required to place two signs at either end of the trail. The signs can be ordered from The Sign Guy, 963-2295, John ask for the city of aspen directional trail sign standard and final approval by Parks Department 920-5124. . When the 14' wide pavement is placed in the ROW, a paved walkway should be provided to the Red Brick door. This paved walkway should be a minimum of 10 ft. Concrete is the preferred material. Additionally the trail should follow the outside of the turn and then taper down to the ten foot width and connect to the existing concrete behind the red brick and finally connect with and apron to the post office trail. Printed for Joyce Ohlson <joyceo@ci.aspen.co.us> 1 ~ f) Brian Flynn, 10:58 AM 5/23/02 -0500, Red Brick Parking / Mona FrClst X-Sender: brianf@commons X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58 Date: Thu, 23 May 200210:58:00 -0500 To: tima@cLaspen.co.us From: Brian Flynn <brianf@cLaspen.co.us> Subject Red Brick Parking I Mona Frost Cc: joyceo@cLaspen.co.us,jeffw@cLaspen.co.us X-ECS-MaiIScanner: Found to be dean Tim, the Mona Frost property (East side of the gym) is in the planning stage for community development. Many different requirements have been placed on this project. One requirement is that two spaces behind the red brick building be converted into "no parking -- fire lane". The two parking spaces closest to the corner of Grassroots, need to be kept dear. Please contact me with a time when you will be around the red brick so I can point out the two spots to you. Thanks. The sooner this is accomplished the better. Printed for Joyce OhlsCln <jClyceCl@ci.aspen.cCl.us> 1 f..... 1""\ / Phil Overeynder, 02:00 PM 6/12/02 -0600, Mona Frost Property Date: Wed, 12 Jun 200214:00:45 -0600 (MDT) X-Sender: philo@water X-Mailer: Windows Eudora Pro Version 2.1.2 To: brianf@ci.aspen.co.us From: Phil Overeynder <philo@ci.aspen.co.us> Subject: Mona Frost Property Cc: jinxc@ci.aspen.co.us, jeffw@ci.aspen.co.us,joyceo@ci.aspen.co.us X-ECS-MailScanner: Found to be clean Brian, This will confirm our discussion regarding the switch gear located at the rear of the subject property. The electric department will cooperate in moving the switch gear box to the adjoining property which is currently part ofthe Trueman Subdivision. This would entail moving the switch gear down the hill closer to the bike path. The switch gear box would need to be accessible from two side and would need a new vault under i~ together with the necessary conduit and line to connect to the existing vault. Prior to moving the switch gear, we will require an easement from the property owner at the new site. Alternatively, transferring a portion of the property to the City Parks Department would be acceptable, providing you agree that this is an appropriate use. You indicated that the alternate location on the Red Brick property was not an acceptable location to move the switch gear since it would have impacts on existing City property. Although I didn't discuss it during our phone conversation this morning, Camilla Auger has represented that she will provide a permanent easement on the existing Mona Frost property for the existing electric lines and vault. I understand that these will stay in their current location regardless of placement of the switch gear. This easement should be a requirement of granting the vacation of the right of way as requested. This would formalize the placement of existing electric utilities which I understand to be located in an area with a prescriptive easement. Since the City is granting the use of public right of way for private use and since the area to be vacated wouid ordinarily be the location for electric utilities, this is an appropriate condition. Please call if you have any questions. Thanks, Phil Phil Printed for Joyce Ohlson <joyceo@ci.aspen.co.us> 1 r..\ f") , Phil Overeynder, 12:19 PM 5/14/02 -0600, Mona Frost Property--Switch Gear and Electric System Easement Date: Tue, 14May200212:19:13-0600(MDT) X-Sender: philo@water X-Mailer: Windows Eudora Pro Version 2.1.2 To: joyceo@cLaspen.co.us From: Phil Overeynder <philo@ci.aspen.co.us> Subject: Mona Frost Property-Switch Gear and Electric System Easements Cc: jinxc@ci.aspen,co.us,jeffw@cLaspen.co.us X-ECS-MailScanner: Found to be clean Joyce, I met with Camilla Auger yesterday regarding this property. She wanted to know what our requirements were for relocation of the switch gear. Since the new location will be on the Puppy Smith LLC-Lot 4 property, I indicated that we would need either a new easement or a commitment from the property owner to provide an as-built easement following relocation. Camilla indicated that it was her intent to acquire the property and convey it to the Parks Dept. I indicated that if this were to happen prior to the propsed relocation we wouldn't need the commitment for the easement. We also discussed design and financial requirements for relocation of the switch gear. She has retained Hans Brucker to prepare a design which she promised to provide. I also asked for a bid to move the switchgear and indicated that we would require an advance deposit for that amount prior to scheduling the work. Let me know if you see any additional issues related to the electric system or if you have questions. Thanks, Phil Phil Printed for Joyce Ohlson <joyceo@ci.aspen.co.us> 1 !" -#"f t"""'. , MEMORANDUM tl ""',.c;; ; To: Development Review Committee From: John Niewoehner, Community Deveiopment Engineer Reference DRC Caseload Coordinator I"} Date: April % 2002 Re: 216 E. Hallam Street, Mona Frost Property - - Rezoning, Alley Vacation, and Use of Public Property for Access Attendees: Joyce Ohison, Community Development Department John Niewoehner, Community Development Department Tom Bracewell, Aspen Consolidated Sanitation District Brian Flynn, Parks Department Richard Goulding, Engineering Department Nick Adeh, Engineering Department Ed Van Walraven, Fire Department Phil Overeynder, Water Department Camiiia Auger Stan Clauson The Development Review Committee reviewed the 216 E. Hallam St., Mona Frost Property at their April 16, 2002 meeting, and has compiled the following comments: General 1. Sufficiency of Submittal: DRC comments are based on the fact that we assume the submitted site plan is accurate, that it shows all site features, and that proposed development is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to alleviate problems and delays related to approvals tied to "issuance of buiiding permit." 2. R.O.W. Impacts: If there are any encroachments into the public rights-of-way, the encroachment must either be removed or be subject to current encroachment license requirements. Site Review 1. EnQineerinQ Department: " (~.q j\1A . It is required that there will be no encroachments into the 20 foot wide ROW between 216 Hallam and the Red Brick building. Within the 20 foot ROW, there should be a 14-foot width of pavement with 3 t()ot wide gravel shoulders on each side. The paving of the ROW should be performed by the applicant prior to the City issuing a CO. The utilities serving the property should not be located in the 20-foot ROW unless there is no other option. The vacation of the alley that bisects the property should not occur until the City is satisfied with the proposed plans. . . OIL . l_ l"c.&JLL.' .,id OOT'! 5t {{.",- . wl.* VV \ ,,^ ( '" :: iJ"'-l \.O~Q,l-" \ lil't- k~p.;... t.~...J./~2:,j( Community Development EnQineer: ok' v- ./ l-H'C- . If the re-development of the site results in an increase in impervious area, a drainage plan will need to be developed that provides storm water retention. 3. ZoninQ: . ~ rJ \ Page 2 of 3 April 15, 2002 216 E. Hallam No comments at this time. 4. Housin!! Department: No comments at this time. 5. Fire Protection District: . No compromise possible for the width of the alley - - it must be 20 foot wide. . No landscaping along the Red Brick Building unless the 20-foot width is preserved. . A fire truck must be able to pull into the 20-foot ROWand then leave without backing into Hallam. One alternative is to keep the area between the house and the barn empty so that a fire truck can turn around. The other alternative is for the project to make it possible for a fire truck to drive around the Red Brick building thus eliminating the need for a place to turn around on the property. 6. Parks Department: . If the sewer line is moved on the north side of the building, the Parks Department should be involved in the re-Iandscaping of the area. . The project must maintain the access to the public ROW through providing signs / for the trail. The applicant should work with the Parks Department on signage. .... No parking allowed in the public ROW. . The applicant should be encouraged to continue the pavement around the Red Brick building to join with the existing trail. . Do not plant vegetation such as lilacs that will encroach into the ROW. As an alternative, the Parks Department suggests that Columnar Buckthorn trees be planted between the ROWand the Red Brick building. .,/The driveway for 216 Hallam will be shared with bicyclists and other trail users. Vegetation should not be planted that will block the site distance for cars using the driveway. . When the 14' wide pavement is placed in the ROW, a paved walkway should be provided to the Red Brick door. 7. Suildin!! Department: ..-- (pJ6V\f;S 0-.1'6" e.PN'~' J.Z , M-u.,~'''A(I.~,,-<- f:lf L,~"'"'-.t,lJ t.lrf' \~ iYI .allst- s) k 6f rLut e>V\~ No comments at this time. 8. City Water Department - ----1. Easements for Water and Sewer: Locating the water and sewer services on the property may be constrained by the available space. A 20-foot wide utility easement is needed to accommodate the required 1 O-foot separation between water and sewer lines and the additional space needed for excavation. This constraint may result in the need to place water andlor sewer services lines in the ROW along the Red Brick Building. 9. Aspen Consolidated Sanitation District . A main sewer line runs along the north side of the barn. An easement either needs to be provided for this sewer line or the sewer line will need to be moved further onto the Puppy Smith property to the north. . Plans should show the manholes and sewer line to the north of the property. . Landscaping on north end of property should not restrict access to sewer manholes. . An easement will be needed for the service line. '. , Page 3 of3 April 15, 2002 216 E. Hallam 10. Environmental Health r'\ r) No comments at this time. 11. City Communitv Development - Planning No comments at this time. 12. Electric Department (provided by Phil Overeynder) . The Electric Company needs to be able access their equipment including the switch gear. Additional research needs to be performed by the applicant and the Electric Company regarding access to the switch gear. 13. Holy Cross Electric No comments at this time 14. City Attorney No comments at this time 15. Streets Department No comments at this time 16. Historic Preservation Officer No comments at this time 17. Pitkin County Planning No comments at this time 16. County and City Disaster Coordinator No comments at this time Approvals 1. Engineering: The applicant receives approval from the City Engineering Department (920-5080) for design of improvements, including grading, drainage, transportation/streets, landscaping, and encroachments within public right of way. 2. Parks: The applicant receives approval from the Parks Department (920-5120) for vegetation species and for public trail disturbance. 3. Streets: The applicant receives approval from the Streets department (920-5130) for mailboxes, finished pavement, surface materials on streets, and alleyways. 4. Permits: Obtain R.O.W. permits for any work or development, involving street cuts and landscaping from the Engineering Department D:\DRCMona Frost.doc r'\ (j Summary Mona Frost Conditions Derived from DRC Meeting . No physical encroachments, including landscaping, are allowed within the 20 foot wide ROW between the 216 E. Hallam property and the Red Brick building. Any encroachments into the public rights-of-way shall either be removed or be subject to current encroachment license requirements. . No parking is allowed within the ROW. . The applicants shall install within the 20 foot ROW, a 14-foot width of pavement with 3 foot wide gravel shoulders on each side. Such pavement shall extend to the public trail at the rear of the Red Brick building and include a paved walkway to the Red Brick door on the east elevation. Such pavement shall meet with the specifications of the City Engineer and be installed prior to Certificate of Occupancy for the development of the property at 216 E. Hallam. . The applicants shall provide an improvement plan for the location of the pavement, including cross sections and drainage plan for the ROW improvements noted above. . The improvement plan shall meet with the approval of the Fire Chief so as to ensure that a fire truck can pull through the site from E. Hallam, exiting at the rear of the Red Brick building. Should this not be able to be accomplished, the applicant will be required to provide a fire truck turn- around area on the 216 E. Hallam property. . The only utility service line allowed within the ROW is a water line which must be located within the eastern 10 feet of the ROW. . Signs indicating the public nature of the ROW shall be installed by the applicant indicating public trail use. Such signs shall meet with the approval of the Parks Department. . All landscaping on both public and private property shall be approved by the Parks Department. . The applicants shall file a revised property plat showing all rights conveyed to the applicant through the alley vacation, use of City property, and showing any relocated easements for public purposes including but not limited to access, electric, water and sewer services. Such plat shall be filed with the Community Development Department and subject to approval by all parties effected by such plat. , ~ f> -;1 r) ,.....' ~ MEMORANDUM To: Development Review Committee From: Richard Goulding, Project Engineer Reference DRC Case load Coordinator Date: December 12,2001 Re: Mona Frost Trust Property Rezoning, Alley Vacation, and Access The Development Review Committee has reviewed the Innsbruck PUD at their December 12, 2001 meeting, and has compiled the following comments: General 1. Sufficiency of Submittal: DRC comments are based on the fact that we assume the submitted site plan is accurate, that it shows all site features, and that proposed development is feasible. The wording must be carried forward exactiy as written unless prior consent is received from the Engineering Department. This is to alleviate problems and delays related to approvals tied to "issuance of building permit." 2. R.O.W. Impacts: If there are any encroachments into the public rights-of-way, the encroachment must either be removed or be subject to current encroachment license requirements. Site Review 1. Site Drainage - Requirement -.The foundation drainage system should be separate from site storm drainage system. Rain and snow melt runoff must be detained and routed on site. These facilities must be shown on drainage plans and submitted for approval prior to application for building permit. The drainage may be conveyed to existing landscaped areas if the drainage report demonstrates that the percolation rate and the detention volume meet the design storm Information - The City drainage criteria needs to be implemented completely. This includes but is not limited to erosion control, soil stabilization, and re- vegetation in disturbed areas. Also, there needs to be an analysis of where the drainage will flow 2. Sidewalk, Curb, and Gutter - Requirement- sidewalk, curb, and gutter must be designed using the City of Aspen design standards which are available in the City Engineering Department. 3. Fire Protection District - Requirement- Fire Protection District requests the following revisions be made: . Page 2 of 5 December 12, 2001 Mona frost Trust ~ ("'\ :1 4. a. The alley is not to be compromised any further than already existing .'1 0 r -~. f . conditions. No tree are to be planted along the red brick building. {/ .~. ~r(M"CR.. b. At a later date the use of alley block 71 as a turnaround for fire trucks is to be (. . reviewedti\rv ~. ~ Ol -kVhGi.~~t 1<-+ ct{~ Clv Transportation - Requirements- The information were forwarded by I ^ Transportation department: &~. t_ V'jY()\V\VUv a. No Comment 5. Building Department - Requirements - The following requirements were forwarded by the Building Department: a. No Comment at this time 6. Assets - Requirements - The following requirements were forwarded by the Building Department: a. The addition of the Alley 71 will not add FAR to the property b. Signs are to be posted that make it clear to public that this is public land not private and they are free to use it. This sign is to be permanent c. The proposed lilac's along the Red Brick Building are not to be planted as this again gives the impression that the public trail is private land 7. Parking - Requirement - The following requirement has been forwarded by the Parking Department: a. No comment 8. Engineering Department - Requirement- The following requirements have been provided by the Engineering D~partment: , n . r. J? l ' _. " t rre.fu-o- .!hiA S~~ UVlh- be o",.f:s.~ o-r- r l~ VVCA(): a. If there are any existing or planned utilities in Alley 71 it is to become Easement corridor to accommodate these. b. There is to b~ no encro?lchment il}l:o the 20 fl Vl(ide corridor running along the Red Bnck BUilding CLe...Cv'" ot- ":7.~'~ . c. The shoulder of the above corridor are to be of dM1se graded crush to accommodate any emergency or maintenance vehicles . Information - The following information has been provided by the Engineering epartl1]ent: lu (;VOvvhf N-LcA. -+> do~~ ~ Q9~h'Ul-^,-b 16.V\--tJ [4- U f~ / 3 ~ S~~cLr~ ~r\fUvv<T~ v-e--.SfMJ:b',li:t;, ~_ ~oJ ~VOrA/"'+; l\~ Y"VOlJ-1nl. C{+ --hV\l'<.. J= ~. (p , r"'i t\ ? , Page 3 of 5 December 12, 2001 Mona frost Trust a. fhe submittal of the construction plans to Engineering Department for reviews prior to application for building permit will benefit the developer and will facilitate timely processing of the Building Permits. 9. Streets Department - Requirement- The following requirements have been provided by the Streets department a. No comment 10. Housing Office - Requirements - The following requirements have been provided by the Housing Office: 11. 12. a. No comment Community Development - Requirements - The following requirements have been provided by the Community Development Office~ t)\l rJ-V (\NV\:' of{ ~.J., bv a. A subdivision Plat will be required at a later date . \ \N,\vJJ~...d - , ~ I )l~ IAMw.. ~):~d. :,f l'tfoO~ Emergency Management Disaster Coordinator - ReqUlrement-""ftie . ~--.. f, following requirement has been provided by the Pitkin County Disaster Coordinator: a. No comment at this time 13. City Environmental Health Director - Requirements- The following requirements were made by the Environmental Health Director: a. No comment at this time Parks - Requirement- The following requirements have been made by the P'f.k~ Department: ' r r ,. I.. ( I, /I . VIJ().V\.-{-S V"e.AlvV"" ';) r vv-r.U'~'^:;1'-;- u1- ~ a. City will retain vehicular access down ~8F1irlOte drive ( lot G). Giving accesses for trail maintenance and access to supplies p,<~ b. --CVII....It::t~ at the ~rld vf the,prorlQrty thQo Clontire length of th~ rllhlit"" tr~ilT . f6-{~TIV----twv-<<."iAelbJdiRe a 8etlerti9""i" ""it! tRe red brick building East entrance. L- c. tJI. sigrs( double sided) is required at the beginning of the trail, ( beginning of Lot 4) identifying the public access and direction of access. d. No need for lilacs along red Brick Building e. Caution property owners on safety and speed while using Lot G , ND ()av rc~ '() IV\. V-'\) - vV ~ ofw 14. - 14. Utilities: ~f-{l wik, Water: . I... 1'\ , . l)'e.- I "" -l-v '\Yo. _ VJ 6.."" -<b fa. ;/ R/vv'-- v.A- , .J.:;> .- I)tJ&,;L V"\..-"'.,I- wc..vvt lL lC<.c.::> - vJ,{, &..t... C. 01 6tA.c.lL ''''-''VI''-€... ~ ~enrn,il s: III VVtV'€< r _ __ (,NtliJ'.+- ~ ~ litv4-Jwf?'1.)-- rLVc-1. ~ Page 4 of 5 December 12, 2001 Mona frost Trust City Water and Electric Department - Requirement - As a request of the City of Aspen Water Department, revisions need to be made as follows: I""', r') a. All uses and construction will comply with the City of Aspen Water System standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code b. Preserve all easements. There is to be no pavement or additional vegetation on the easements +:> 5 '.!-ch c. Public assess is not to be restricted WI 8U'-- d. Access to the transformer is not to restricted · NM ~ ~\4JGtV\!~ - _w~at~h lfLvJs; I~ I'^-- ~ bt- Cl.J- O\hv.J..A- (I&L Aspen consolidatfcfta~e District - Requirement - The following was v-k ~ provided by the Aspen Consolidated Waste District: 'e ,5 kov l; r--L ~f' ~. fJ&~ ~r- !o~...." ^--5. VVf.a wt"'{>, ~~~. /_fl' a. All the easements are to be memorialized ~ l .s ~ ~ VI. Iv-J. Cvlo~ ~. ~ ~st p....~~ ere.- CAYJ-t, YJc. v-sz!. ~ XvV~ (!ti' fW+-; . 0.....(J b<- ~ co (< l. v--L Yv\}>v tAY... Lo+ 4- ( '- :)w.ey ll~ Construction: Work in the Public Right of Way Requirement - Given the continuous problems of unapproved work and development in public rights-of-way adjacent to private property, we advise the applicant as follows: Approvals I Page 5 of5 December 12, 2001 Mona frost Trust 1. Engineering: r-. ~ :J The applicant receives approval from the City Engineering Department (920-5080) for design of improvements, including grading, drainage, transportation/streets, landscaping, and encroachments within public right of way. 2. Parks: The applicant receives approval from the Parks Department (920- 5120) for vegetation species and for public trail disturbance. 3. Streets: The applicant receives approval from the Streets department (920-5130) for mailboxes, finished pavement, surface materials on streets, and alleyways. 4. Permits: Obtain R.O.W. permits for any work or development, involving street cuts and landscaping from the Engineering Department DRC Attendees Staff: Nick Adeh Richard Goulding Dennis Murray Ed Van Walraven Chris Bendon Brian Flynn Phil Overynder Tom Bracewell Ed Sadler Applicant's Representative: Stan Clauson I.......\ , ~ n ;0- ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81621 Phone: (970) 920-5090 Fax: (970) 920-5439 MEMORANDUM TO: City Engineer Zoning Officer Housing Director Parks Department Aspen Fire Marshal City Water Historic Preservation Officer Transportation Manager Pitkin County Planning Aspen Conso!. Sanitation District Building Department Environmental Health ><. Electric Department X City Attorney X Streets Department Parking Department Holy Cross X Asset Management FROM: Joyce A. Ohlson, Deputy Director of Community Development 920-5062 RE: Mona Frost Trust Property, 216 E. Hallam, Rezoning, Alley Vacation, Use of Public Property DATE: 4/2/02 REFERRAL SCHEDULE DRC MEETING DATE: April 10, 2002 The purpose of discussing this application at DRC again is to gain clarification on the previous DRC comments (I am new to this application) and the proposed application. I also want to ensure that any conditions of approval for the use of the public property for a driveway (Red Brick) and the alley vacation are known. Attached are the comments from the December 12th DRC on this matter. It is not intended that new referral comments will need to be submitted. Thanks! Joyce Ohlson joyceo@ci.aspen.co.us G:/supportlformsJdrcfonn , f) MEMORANDUM To: Development Review Committee From: Richard Goulding, Project Engineer Reference DRC Caseload Coordinator Date: December 12,2001 Re: Mona Frost Trust Property Rezoning, Alley Vacation, and Access The Development Review Committee has reviewed the Innsbruck PUD at their December 12, 2001 meeting, and has compiled the following comments: General 1. Sufficiency of Submittal: DRC comments are based on the fact that we assume the submitted site plan is accurate, that it shows all site features, and that proposed development is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to alleviate problems and delays related to approvals tied to "issuance of building permit." 2. R.O.W.lmpacts: If there are any encroachments into the public rights-of-way, the encroachment must either be removed or be subject to current encroachment license requirements. Site Review 1. Site Drainage - Requirement -.The foundation drainage system should be separate from site storm drainage system. Rain and snow melt runoff must be detained and routed on site. These facilities must be shown on drainage plans and submitted for approval prior to application for building permit. The drainage may be conveyed to existing landscaped areas if the drainage report demonstrates that the percolation rate and the detention volume meet the design storm Information - The City drainage criteria needs to be implemented completely. This includes but is not limited to erosion control, soil stabilization, and re- vegetation in disturbed areas. Also, there needs to be an analysis of where the drainage will flow 2. Sidewalk, Curb, and Gutter - Requirement- sidewalk, curb, and gutter must be designed using the City of Aspen design standards which are available in the City Engineering Department. 3. Fire Protection District - Requirement- Fire Protection District requests the following revisions be made: '. C") () Page 2 of 5 December 12,2001 Mona frost Trust a. The alley is not to be compromised any further than already existing conditions. No tree are to be planted along the red brick building. b. At a later date the use of alley block 71 as a turnaround for fire trucks is to be reviewed 4. Transportation - Requirements- The information were forwarded by Transportation department: a. No Comment 5. Building Department - Requirements - The following requirements were forwarded by the Building Department: a. No Comment at this time 6. Assets - Requirements - The following requirements were forwarded by the Building Department: a. The addition of the Alley 71 will not add FAR to the property b. Signs are to be posted that make it clear to public that this is public land not private and they are free to use it. This sign is to be permanent c. The proposed lilac's along the Red Brick Building are not to be planted as this again gives the impression that the public trail is private land 7. Parking - Requirement - The following requirement has been forwarded by the Parking Department: a. No comment 8. Engineering Department - Requirement- The following requirements have been provided by the Engineering Department: a. If there are any existing or planned utilities in Alley 71 it is to become Easement corridor to accommodate these. b. There is to be no encroachment into the 20 fl wide corridor running along the Red Brick Building c. The shoulder of the above corridor are to be of dense graded crush to accommodate any emergency or maintenance vehicles Information - The following information has been provided by the Engineering Department: t1. Page 3 of5 December 12,2001 Mona frost Trust a. The submittal of the construction plans to Engineering Department for reviews prior to application for building permit will benefit the developer and will facilitate timely processing of the Building Permits. 9. Streets Department - Requirement- The following requirements have been provided by the Streets department a. No comment 10. Housing Office - Requirements - The following requirements have been provided by the Housing Office: a. No comment 11. Community Development - Requirements - The following requirements have been provided by the Community Development Office: a. A subdivision Plat will be required at a later date 12. Emergency Management Disaster Coordinator - Requirement - The following requirement has been provided by the Pitkin County Disaster Coordinator: a. No comment at this time 13. City Environmental Health Director - Requirements- The following requirements were made by the Environmental Health Director: a. No comment at this time 14. Parks - Requirement- The following requirements have been made by the Parks Department: a. City will retain vehicular access down concrete drive ( lot G). Giving accesses for trail maintenance and access to supplies b. Concrete at the end of the property, the entire length of the public trail, including a better tie in with the red brick building East entrance. c. A sign ( double sided) is required at the beginning of the trail, ( beginning of Lot 4) identifying the public access and direction of access. d. No need for lilacs along red Brick Building e. Caution property owners on safety and speed while using Lot G 14. Utilities: Water: , I'J f""'I " ,j , . ,~ Page 4 of5 December 12, 2001 Mona frost Trust City Water and Electric Department. Requirement - As a request of the City of Aspen Water Department, revisions need to be made as follows: a. All uses and construction will comply with the City of Aspen Water System standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code b. Preserve all easements. There is to be no pavement or additional vegetation on the easements c. Public assess is not to be restricted d. Access to the transformer is not to restricted Wastewater: Aspen Consolidated Waste District - Requirement - The following was provided by the Aspen Consolidated Waste District: a. All the easements are to be memorialized Construction: Work in the Public Right of Way Requirement - Given the continuous problems of unapproved work and development in public rights-of-way adjacent to private property, we advise the applicant as follows: Approvals - f'""1 ~ ,}1 , " Page 5 of5 December 12,2001 Mona frost Trust 1. Engineering: The applicant receives approval from the City Engineering Department (920-5080) for design of improvements, including grading, drainage, transportation/streets, landscaping, and encroachments within public right of way. '. , 2. Parks: The applicant receives approval from the Parks Department (920- 5120) for vegetation species and for public trail disturbance. 3. Streets: The applicant receives approval from the Streets department (920-5130) for mailboxes, finished pavement, surface materials on streets, and alleyways. 4. Permits: Obtain R.O.W. permits for any work or development, involving street cuts and landscaping from the Engineering Department DRC Attendees Staff: Nick Adeh Richard Goulding Dennis Murray Ed Van Walraven Chris Bendon Brian Flynn Phil OverYnder Tom Bracewell Ed Sadler Applicant's Representative: Stan Clauson ~ r-... .~ - ~ z ~ ~ h o ~ I I I M C#} ~ ~ M o ",w ....co we: "'U <'" ,,-w o >-z <::> / Ii > > " / ~ "'-' < )<- oz 00 co- >-'" >-->- <oz -,ow "-<I: w we:'" wo< "".. w M C#} o ~ ~ .. !:!Iii.i!OiO .Sl'. z I v. ~ , ~ ,.., ;.:i:i;I;;t....-..---.- "'''' :> wo "':.: .._...........v. ",:.- v_ ---- ---- ---- ---- ~ .00'00/ /Ii. . ., , ~ I- u.. 0 ~ (/) ..... " N co 0> ,41 ~ <t ~ W c !!! c::: . <t.. K: ~ '" .::t~ I g--! ulllIiiiI !$CS i:&: u tf ~ .., , ~ .; <0 - f.. v . ~ - - o '" ... '" ""01-% ~OUJ- lJJ-~~ XWi-llJ O. Cf.) co " r--, n 15L :lS. ,,l MEMORANDUM To: Planning and Zoning Commission FROM: Joyce Ohlson, Deputy Director of Community Developmen~ RE: Rezoning Request for 216 E. Hallam DATE: March 5th, 2002 Staff Recommendation: .. Mona Frost Trust Stan Clauson Associates S/C/I and R-6 5,982 sq. ft. (Front Parcel) & 2,374 sq. ft. (Rear Parcel) The Applicant is requesting to rezone a small portion of the subject property from S/C/I to R-6. Approval with Conditions ADDlicant: ReDresentative: Current Zoniul!:: Lot Size: Reauest Summary: STAFF COMMENTS The Applicant is requesting the City grant a rezoning to a property located at 216 E. Hallam Street which currently maintains two zone districts: Service I Commercial I Industrial (S/C/I) on the rear portion and R-6 on the front portion. This rezoning of the small portion of the property that is S/C/I to R-6 will establish the whole property with the R-6 zone district. As a r" () matter of clarity, Staff has provided the following graphics to illustrate the current property scenario and the resulting property scenario if the City grants the rezoning and associated requests: Existing Barn Alley c=> Existing Historic House Existing Historic House Current Scenario Proposed Scenario A. Scenario Analvsis Current Scenario Summary 1) The Applicant has two legal non-conforming lots in both the S/C/I and R-6 zone districts. Since the rear property maintains a split zoning, the most restrictive applies which is S/C/I. In this case, the bam is considered as an accessory building, which is a permitted use in the S/C/I zone district and the FAR to beallopatedt<? tlJ,i~ ~ear lot containing the bam is 2,374 sq. ft. (at a ratio of 1:1). The maximum FAR allocated to the front lot is 3,234 sq. ft. 2) The property is encumbered by a non-functioning City Alley that goes nowhere. 3) The rear lot of the property has no real access and is landlocked. 4) The maximum build out potential includes a unit on the rear portion and a single- family dwelling on the front portion. Proposed Scenario Summary 1) The Applicant would create a legal conforming lot of 6,000 sq. ft. and a legal non- conforming lot of 3,664.5 sq. ft. in the R-6 zone district. However, the Applicant is not able to benefit in additional FAR or density from the square footage gained by the vacation of the alley vacation or via a lot line adjustment to increase the size of the adjusted lots. (Section 26.480.020.C) 2) The City Alley would be vacated and appropriated to the front and rear properties. t) n " ..., 3) The rear property would have an access easement providing formal access. 4) Since the rear lot is considered a legal non-conforming lot upon which a unit could be constructed, the maximum build out potential would be a unit on the rear lot and one single-family house on the front lot governed by the HPC. The Applicant cannot adjust the lot lines for the benefit of FAR or density, even though lots of at least 6,000 sq. ft. (in the R-6 zone district) that contain a historic landmark, can have two (2) detached residential dwellings or a duplex. B. Rezoninl! from S/C/I to R-6 It appears that the reas()ni small portion of the rear lot maintains a zoning of S/C/I is due to the fact that this residual traing1e was bisected diagonally by the original townsite line and incorrectly included as a part of the neighboring Lot 4, Trueman Neighborhood Commercial Project that encompasses the North Mill Station shopping center (that currently contains Clark's Market) and is zoned SIC/I. This lot line correction has been lUade and the real property has been conveyed to the Applicant via a quit claim deed. Even though this ownership issues has been corrected, the zoning of that small portion of land remains zoned S/C/I. As a practical matter, it appears that half of the existing (historic) barn rests in the portion of that rear lot that maintains this S/C/I zoning. A review of the historic nature of the property clearly shows the bam as being connected / associated with the adjacent single-family house on the front of the lot. The house and bam in their current location are shown on the Official. 1901 Sandborne Map. And are clearly contained within the context of the west. end neighborhood in the R-6 zone district. The Historic Preservation Officer reviewed this land use case and agreed with this analysis. Finally, Staff finds that this rezoning of the small portion of the rear lot to R-6 will return the property to its original proper zoning classification and remove any awkward encumbrances of the property by having two zone districts on one property. This rezoning will correct a former zoning mistake and bring two properties into better compliance with the land use code by making the front lot completely conforming and bringing the rear lot closer into compliance with the land use code. C. Other associated reauests to be considered bv City Council In order to achieve the proposed scenario, the AppliCant will request City Council grant an alley vacation of the existing alley currently located between the two properties and to grant the Applicant an access easement to the rear property that will be located along the west side of the front property on the Red Brick School property and accessed from East Hallam Street. While these are not issues tobe discussed by the Planning and Zoning Commission, Stafffelt it was important to include this portion of the Application so that the whole picture could be presented for the Commission's understanding ofthe project. Lastly, it should be noted that the subject property maintains a landmark status and is therefore subject to review by the Historic Preservation Commission for any proposed development on the property. o n STAFF RECOMMENDATION Staff recommends the Planning and Zoning Commission recommend approval to the City Council for this rezoning request. RECOMMENDED MOTION "I move to approve Resolution No. S-, Series of2002, recommending City Council approve this rezoning request for a property located at 216 E. Hallam Street, City and Townsite, City of Aspen, Colorado. ATTACHMENTS Exhibit A -- Review Criteria & Staff Findings Exhibit B -- Application r) r'\ , ..:;7 Resolution No. Q[ (SERIES OF 2002) RESOLUTION OF THE ASPEN PLANNING AND ZONING C,O,.,M, M, IS,SI, ON RECOMMENDING APPROVAL TO, CIT, Y COUNCIL FORARE,ZONING FO, R A PROPERTY LOCATED AT 216 E. HALLAM STREET, CITY.AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2737-073-14-001 WHEREAS, the Community Development Department received an application from Mona Frost Trust, represented by Stan Clauson Associates, LLC, requesting rezoning approval for a property located at 216 East Hallam Street in the City of Aspen. WHEREAS, the Community Development Department Staff reviewed the Application for compliance with the Rezoning Review Standards; and WHEREAS, the City Zoning Officer, the City Engineer, the Parks Department, Aspen Consolidated Sanitation District, and the City Fire Department reviewed the development proposal for 216 East Hallam Street and provided written referral comments as a result of the Development Review Committee meeting; and WHEREAS, upon review of the application, referral comments, and the applicable Land Use Code standards, the Community Development Director recommended approval of the Rezoning with conditions stated herein; and WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered, the recommendation (Jf the. C011l1l1unity Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and WHEREAS, the City of Aspen Planning and Zoning Commission finds, that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, the Planning and Zoning Commission recommends approval to the City Council for the Rezoning from SICII to R-6, by a vote of _ to _ L - -1, and WHEREAS, the City of Aspen Planning and Zoning Commission finds that this resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED by the Commission: 1"'1 n Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Planning and Zoning Commission hereby recommends approval to the City Council for for the Rezoning from SICII to R-6 a property located at 216 East Hallam. Section 2 This resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3 If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional iIl a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4 All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. APPROVED by the Commission at its regular meeting on March sth, 2002. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk r"\ Q EXHIBIT A REVIEW CRITERIA & STAFF FINDINGS REWNING FROM S/CfI TO R-6 (MEDIUM DENSITY RESIDENTIAL) In reviewing an amendment to the official zone district map, the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this title. Staff Finding The proposed amendment to the official zone district map to change the subject property's zoning designation from Service/CommerciallIndustria1 to the R-6 Zone District is not in conflict with any portion of the Land Use Code. The proposed rezoning does not represent new land use policy or a change in land use policy for the City of Aspen. Two zone districts currently split the accessory structure on the rear of the parcel. The proposed rezoning of the entire parcel will allow for better compliance with the terms of this title than the current split zoning. Staff finds this standard to be met. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Staff Finding Staff finds that the proposed rezoning application is consistent with the Aspen Area Community Plan in that the rezoning application will bring the parcel more into conformance with the provisions of use and dimensional requirements set forth by the City of Aspen Land Use Code. The proposed rezoning will also allow for a possible future conversion of the bam structure to an infill residential unit. Staff finds this standard to be met. C. Whether the proposed amendment is compatible with surrounding zone districts and land uses, considering existing land use and neighborhood characteristics. Staff Finding The proposed zoning and uses allowed therein are compatible with the surrounding land uses. The rezoning proposal legalizes the use and dimensional requirements of the bam structure. Currently, the structure is non-conforming under the parcel's split zoning. The current split zoning does not allow for any possible future redevelopment of the bam as an infill residential unit. Currently the historic barn is in disrepair and is not being used in a productive manner. Rezoning the property that contains the barn to the R-6 (Medium- Density Residential) Zone District will allow for the refurbishing and use of the existing historic bam structure. Staff finds this standard to be met. t""'\ ("') ,,,;,)' D. The effect of the proposed amendment on traffic generation and road safety. Staff Finding The proposed rezoning to R-6 will not significantly effect traffic generation or road safety. The applicant proposes to pave and landscape the aforementioned driveway area. The parking for the residence on the front part of the parcel has historically been to the rear of the parcel. Access to the parking on the site has historically also been through the trail easement to be vacated and the alley bisecting the barn structure and the single-family residence on the southernmost portion of the lot. Staff finds that since the applicant is not proposing an additional residential unit at this time, that there will be no traffic generation resulting from the rezoning application. Staff finds this standard to be met. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether the extent to which the proposed amendment would exceed the capacity of such facilities, including, but not limited to, transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Staff Finding The rezoning to the R-6 Zone District will not result in increased demand on public facilities. The single-family dwelling on the front lot and the bam on thr rear of the property already exist and their impacts are already accommodated for within the current services provided. If the applicant requests additional development in the future, the proper provision of any additional required public facilities will be determined at that time as there are no development plans associated with this rezoning. Staff finds this standard to be met F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. Staff Finding The rezoning to the R-6 Zone District will not adversely impact the natural environment. Any development to the bam structure or the single-family dwelling requires review by the Historic Preservation Commission regarding any impacts on the site. Staff finds this standard to be met. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Staff Finding The proposed rezoning is consistent and compatible with the community character in the City of Aspen and in the neighborhood. This rezoning will return a residential property to its logical zoning of R-6, which is consistent with the surrounding west end residential neighborhood. Further, Staff finds the current SICII zoning to be an inappropriate zone district for the west end residential neighborhood as the uses are very incompatible. Additionally, Aspen has a strong tradition of preserving historic structures of all uses and refurbishing them to be utilized to meet the Community's design and housing goals. The (""'\. f) Historic Preservation Commission will review any development proposal on the site ensuring it's proper fit within the neighborhood's character. Staff finds this standard to be met. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Staff Finding The City no longer envisions the public trail easement to the west of the subject parcel as a trail link in their long-term vision. This change in the City's vision for the easement allows for access to the back parcel for a possible residence through vacating this easement. Staff feels that aforementioned change supports the proposed rezoning application. I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this title. Staff Finding Staff feels that the proposed rezoning application will not be in conflict with the public interest or this title. The rezoning will allow for the historic barn to be refurbished as possibly a residence or a usable accessory building. Staff finds this standard to be met. ^ r'i o 26.575.020 C. Lot Area. Except in the R1S-B zone district, when calculating floor area ratio, lot areas shall include only areas with a slope of less than 20%. In addition, half (.SO) of lot areas with a slope of 20-30% may be counted towards floor area ratio; areas with slopes of greater than 30% shall be e)[cluded. The total reduction in FAR attributable to slope reduction for a given site shall not exceed 2S%. Also excluded from total lot area for the"ourpose of floor area calculations iI!,!Il1 zone districts is that area beneath the high water line of a body of water and that area within a vacated right-of-wav, or within an existing or proposed dedicated right-of-way or surface easement. Lot area shall include any lands dedicated to the City of Aspen or Pitkin County for the public trail system, any open irrigation ditch, or any lands subject to an above ground or below ground surface easement such as utilities that do not coincide with road easements. When calculating d~,I1sitv. lot area shall have th,e same exclusloIls and inclusions as for calculating floor area ratio except for exclusion of areas of greater than 20% slope. 26.480.030 Exemption 1. Lot line adiustment. An adjustment of a lot line between contiguous lots if all the following conditions are met: a. It is demonstrated that the request is to correct an engineering or surveying error in a recorded plat or is to permit an insubstantial boundary change between adjacent parcels; and b. All landowners whose lot lines are being adjusted shall provide written consent to the application; and c. The corrected plat will meet the standards of this Chapter, and conform to the requirements of this Title, including the dimensional requirements of the zone district in which the lots are located, except in cases of an existing nonconforming lot, in which the adjustment shall not increase the nonconformity of the lot. The plat shall be submitted and recorded in the office of the Pitkin County Clerk and Recorder. Failure to record the plat within a period of one hundred eighty (180) days following approval shall render the plat invalid and reconsideration of the plat by the Community Development Director will be required before its acceptance and recording; and d. It is demonstrated that the lot line adjustment will not affect the development rights, including ally increase in FAR. or oennitted d(lJ1Sitv of the aff:cted lots by providing the opportunity to create a new lot for resale or development. A plat note will be added to the corrected plat indicating the purpose of the lot line adjustment and the recognition that no additional FAR will be allowed with the adjustment. .". ~.:,," r\ n , . .'.. THE CITY OF ASPEN . OFFICE OF THE'CITY ATTORNEY August 14, 2001 Thomas J. Todd, Esq. Holland & Hart , 600 EastMain St. Aspen, CO 81611 Re: Mona Frost trust Property Dear Todd: Please forgive the delay in responding to your letter dated June ,27, 2001. I sent copies of your letter to other departm~nts' for their comments befor~ responding and it took them a little longer to get to this matter than expected. After carefully reviewing your letter and City records, we have ~oncluded that there are two 10t~ of record as you maintain..' . We CaDnot, however, 'agree that access to the lot containing the historic barn is along . . , Lot G of Block 71: Access to that lot can, and should, be through the front lot . adjoining Hallam Street. I don't understand the logic that would require Lot G to be burdened by an access easement when access can be obtained through the front lot: - . Before any development approvals are permitted on the back lot, the Community Development Department will undoubtedly question your client about the quit claim . ' , ,. . , deed for the triangular piece apparently deeded by Puppy Smith, LLC, without any subdivision approval. 130 SoUTH GALENA STREET' ASPEN, COLORADO 81611-1975 '. PHONE 970.920.5055 . FAX 970.920.5119 PrinlL>d OllRecyded Paper ~J: t""'\ ,. ~~ (', "'~.. ..:/J Thomas J. Todd, Esq. August 14,2001 Page 2 . If you have any questions, please give me a call. , Sincerely'- ~(l~ John P. Worcester City Attorney cc: Community DevelopmentDepartment JPW -08/141200 I-G:~ohn\word\letters\todd3.doc , ? 0~ 1J ~ d-..: ".,\ II- HOLLAND & HARTLLP 14 ff("'~ ATTORNEYS AT LAW If)jl _ t'"'\ ~A. ~~ ad t~~ TELEPHONE (970(925-"70 ~ :::::(:70:~::67 ''';~(i ~,J J _ ttcdd@holloodhart.,om ,r- r/ ~ DENVER. ASPEN BOULDER' COLORADO SPRINGS DENVER TECH CENTER BILLINGS' BOISE CHEYENNE' JACKSON HOLE SALT lAKE CITY IfJ'-'< 600 fAST MAIN STREET ASPEN. COLORADO 81611.1953 June 27, 2001 Re: Mona Frost Trust Propertv-Merger Issues and Access through Red Brick School Property /~~ I i/ JUN 2001 ';~\ f'(.: ;., 1 \ ';' City Attorney's ,; I ,',' Office ,jJ \(\"' <~ '..,:' ,: ""Je./ ,~.: // ..._~_.~-.:-,:- VIA HAND DELIVERY John Worcester, Esq. City Attorney, City of Aspen 130 South Galena Street Aspen, Colorado 81611 Dear John: As a follow up to our previous meeting with Stan Clauson, I am writing to provide you with additional information concerning the merger and access questions you raised. I am enclosing a copy of a portion ofthe original 1880 City of Aspen Townsite Map with the Mona Frost Trust property higWighted in yellow. As you will see, the original townsite map shows the platted lots that comprise the Mona Frost property as being separated by the alleyway for Block 71. As we have previously discussed, the ~lock; 71 alley where it abuts these lots has never been the subject of a vacation ordinance...lnhllrefbrestilt~8.1[J1hd'islfi'theptlbliQdQ!!I~W The Mona Frost Trust does not own any interest in the alleyway for Block 71. Ih€WfO'llli'Ftostii' fp:!sf'pi'bpm:f"t11eref(5,teyS;.9;!l~}~~j'J;lti;~'lg,(g). sepl!,r<!t~;4istim;t'. parf:e\~..,Qf;lartg': 1. The southern (or "front") portion, consisting of Lots N and o (shown as Lots H and I on the 1880 Townsite Map) of Block 71 and, t 2. The northern (or "rear") portion, consisting of Lots D and E (shown as Lot D on the 1880 Townsite Map) of Block 71. The triangular shaped northern or rear portion of the Mona Frost Trust property has been the subject of a long-time adverse possession situation.Tlie'TifSf6Fic'B'atIf'O'If't11:Ts'p'l5iti~t1 of the"", \!Jl!Propmy?efiCF6l!cheS'OntcFLoF4ortne':TrueTlTifliCormrrercial Projef:t,' Recentl~tiit daimdeed. for the tract ofland subject to the adverse possession claim 'W'li1"'dbtain'l!d 'frolffPU15PySmitl:L!_i~C>~ theTecord~'0fLOt40fthe Trueman Neighborhood,.commercial Proje<;f:, The tract ofland involved in this adverse possession is 1,438 square feet in size. I enclose a copy of that quit claim deed and a portion of a site survey showing this tract. Section 26A80.020(2)(E) of the City of Aspen land use regulations deals with merger of townsite lots. This section is quoted as follows: ^ n HOILAND & HARTLLP ATTORNEYS AT LAW John Worcester, Esq. June 27, 2001 Page 2 A:Il~l("f Tow:s~ lots. ,I~two (2) or more lots~thi~cEhe.9riginN ~spen~wnstte or addItions thereto have ;rO'ntlmrous frotitltge and are in'Slfigl€"5Wiieislif~ (including husband and wife) on October 27, 1975, the lots shall be considered an undivided lot for the purposes of this Title, and conveyance of any portion shall constitute subdivision. An Aspen Townsite lot or addition thereto includes all lands depicted on the Aspen incorporation plat of record, dated 1880, plus any lot or parcel annexed to the city since that time which constitutes a nonconforming lot of record, plus any lot or parcel which has not received subdivision approval by the City of Aspen or Pitkin County, but excludes any subdivided lot in the City of Aspen which conforms to the requirements of this Title. Pursuant to the regulation quoted above, lt9t~Nando-3?f.:.ll!QQK7rliave'E!earlY11l'erg1ld and ~lia\7eL.ots I'tandE,ibut there are no facts which exist which would support a merger of these two separate portions of the Mona Frost Trust property into one. This is true regardless of whether or not the surface of the Block 71 alleyway has ever been used. Based on the foregoing, ~i~,lIIy;c1i!\!'\tiSllQ$,iti't:1:i11bf1tZt!r,~7r~aT'P~rt'!Q.1'f'"9ftheMOimFfdsrrriist1frO'f)eny''IS''lt'''[ej:l''lrtafe'sife! ,~sCejJtjtJI.e.~to;l:e2:QeyercipYfl'eht. ~j As outlined in the correspondence you and I exchanged in June and July of 1995, my clientis'also-,ofthepositid"tl1:hatit'is'ceittitleifto"'separaretega:rifccessltrs€fVe"1r6ftnem"Ortear ~~ofthel'ropettY!' and that this separate access should logically be along the 20-foot by 100-foot strip ofland located on Lot G of Block 71, which is the easternmost portion of the Red Brick School property. ThiS"tstlre'S"amestrip<9flandtbllt:was'cohV'e~edt6the City 6fAspertat.' ,itheJjl.1'!~'1M'W"!istefIy?p'onrotfBr'tnekneyl"rwfffgBlo'CK"71, wasva:care'd'ili"I9"5:)r. We would very much appreciate your reviewing these materials and perhaps getting together again for another meeting to discuss how best we can proceed to formalize these understandings into a proposal for the City Council's review and consideration. Thanks again for your time and attention to this matter. Sincerely, k ~. Todd ofHt1a~d & Hart LLP TJT:sm Enclosures cc: Lori Hamilton (w/encls.) Stan Clauson (w/encls.) .~ r:":Ji -;j~<uI17d,d -it:- .;') ",.' -'Is -~ -90 { l'. QUIT CLAIM DEED THIS DEED, Made this a.l day of J ~ , 2001, between puppy SMITH LLC, ("Grantor") Grantor and MONA J. FROST TRUST whose legal address is c/o US Bank, 950 Seventeenth Street CNDT0615, Denver, Colorado.(Attn: Lori J. Hamilton, Trust Officer), ("Grantee"). WITNESSETH: Grantor, for and in consideration of the sum ofTen Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, 'has remised, released, sold and QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM unto Grantee, its successors and assigns, forever, all the right, title, interest, claim and demand which Grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Pitkin and State of Colorado, described as follows: See Exhibit "A" attached hereto and made a part hereof. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of Grantor, either in law or equity, to the only proper use, benefit and behoof of Grantee, its successors and assigns ,forever. This conveyance is made subject to all zoning and land use laws, restrictions and regulations and also subject to any and all property taxes, covenants, conditions, restrictions, easements and rights of way of record. IN WITNESS WHEREOF, Grantor has executed this Quit Claim Deed on the date set forth above. ' GRANTOR: LLC, a Colorado any agel' STATE OF COLORADO ) )ss: COUNTY OF PITKIN ) ~he foregoing instru tif U--, 2001 by 'th LLC, a Colorado limited liabili ged before me this:<2.. day as Manager on behalf of Puppy ~#'. y(~r;(::y Notary Public ~ ':,'j , ~ '\ .., EXHIBIT" A" puppy SMITH LLCI MONA J. FROST TURST LEGAL DESCRIPTION A parcel ofland being that portion of Lot 4, Trueman Neighborhood Commercial Project adjacent to Lots D & E, Block 71, City and Townsite of Aspen (according to tlie 1959 official map ofthe City of Aspen) described as follows: Beginning at the point of intersection of Aspen Townsite Line 4 - 5 and the West Line of Lot K, Block 71, City and Townsite of Aspen, projected northerly (said point of beginning being the Southwest Corner of that Parcel of Land described 'in Book 343 at Page 518 of the Pitkin County records); Thence N14050'49" E. 37.98 feet along the westerly boundary of said Book 343 at Page 518; Thence N75009'11" W. 59.82 feet; Thence S140S0'49" W. 5.35 feet to the southwesterly boundary of said Lot 4; Thence S43008'33" W. 70.54 feet along said southwesterly boundary of Lot 4 to the westerly boundary of Book 343 at Page 5.18; Thence N. 14050'49" E. 4.77 feet along the westerly boundary of Book 343 at Page 518 to the Point of Beginning. COUNTY OF PITKIN STATE OF COLORADO ..... r) ." 5 .'\1 ~~~R~eEO 001<. UKD.. ~EE P\..~11~O\ll\!\\.. ______ FOR <~%"1S ____ ~ '^S_ ___ ____ ------ ---- -------- ---- ---- TI\U8"~^S \..01 4pI\OJEC'ftli'r\ !~cS1o~\~~~~R ~~l.cts~I\~~~~S sfl :'AO~NUt\€t(bF iH~O\lNO iO ~OC"i\~~ER ~8 FOR CO ~ROR. ~ UTILITY E^SEHENT IS' TR^IL ---:\6\29 - pY 4 '. pUP L LC 0'1' ~~, SMITH l.- CT"e o~ E'L.E 6- '"t.~ o-VAlll..T '" ~~ o...........o.':.'~~: 5 P.7I'" ~'J'. cf'~ POWS:PL.AT 8" . <9jJ... ,)~... SEE " ' <>~ . 8 "'< C'/ I \6\29 ":, "., :':,1 ;; ~ ~ I ~ 0 "" ~ ~ _I l u ~ ~ ~ un D S 75009' ,. 5Q.82' 1.305 sa.Fr. ALLEY BLOCK 71 -----, 000 ~ \ 77 p~ ,,"SPEll/ ~\~ cft'f a.C.O. , / MO A "",",' N 75009'1'. I TRUST ST ;; FOUN REBAR . O. 5 ogOl8 RED cAP OJ.... i , d F G ;- ll' ~ ! '.n ".,- \/2' I \1QIlSE .rnt "uME fOllCI"t~i: _. . i ,., i ,., 1.1' c . ... K o ... . L . II." H AREA I Q 1'1. .982 S . I s 7S-09/, ./: " ,. 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',-., f- i ry"~" -" Portion of 1880 Aspen Townsite Map ))/tt-t'!cr , )/..~/ " l( l( .J'l/(.' :-t:,. .. :*"J ~"'oi(.' _ Mona Frost Trust :fraperty, !'. . ,7)./,~. . . . .' .,.t<" , --......, ',"'I.~ .)~.. ~:t ~j>' .;' ~ ~:..H.;i,' :':: " .41 c.;' .....:..."... ' ST. ;4.;....... , ". /.~ -, .~ "'.. ~("~" ....- .> .; ./ .' .,' ...... . b ..;-.0, ~..t;. 'r.. .' 1'i-._ . r ,~; "i.. '...,. 4. ,d f' ...j I .; )::. '. , '.rt ~ ~ ; f . 1'&j~{r~;~p; .. .' , , '. :<<1 ::'>.. ;: f ;"'., "'~.N.,' ;" . '.j" .s'T: -:-l:: .~'';:. '. .......'-. ',' r'........... -".~""', ." ..~:.:. ..-""".-:- " ' '.jI';" ~'''';'' ~,;" t~""-" Mt " ,..... ,..\....,.. : .. ..'.;.= . .i._ ."",,~,.~ :,.'ii ~::3<',~:.~'.~'.., .1It.~......"."" ",. ...., ~ ~ ~ ~.~); ,i. r:. " .'. ~l .1.... .' .' '.' .-::.... ';'. .:- r'.':'"::"'''''''''',:~~''.'''''.~;,.'''.- .... " tAc.9i~:'''';~-f~6 . ;','1";~' . ". :... :. . ' . . ../".... ". ';1" , " < ~ '., ':1 n " ,:r' MEMORANDUM To: Development Review Committee From: Richard Goulding, Project Engineer Reference DRC Case load Coordinator Date: December 12,2001 Re: Mona Frost Trust Property Rezoning, Alley Vacation, and Access The Development Review Committee has reviewed the Inn~bruck PUD at their December 12, 2001 meeting, and has compiled the following comments: General 1. Sufficiency of Submittal; DRC comments are based on the fact that we assume the submitted site plan is accurate, that it shows all site features, and that proposed development is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to alleviate problems and delays related to approvals tied to "issuance of building permit." 2. R.O.W. Impacts: If there are any encroachments into the public rights-of-way, the encroachment must either be removed or be subject to current encroachment license requirements. Site Review 1. Site Drainage - Requirement -.The foundation drainage system should be separate from site storm drainage system. Rain and snow melt runoff must be detained and routed on site. These facilities must be shown on drainage plans and submitted for approval prior to application for building permit The drainage may be conveyed to existing landscaped areas if the drainage report demonstrates that the percolation rate and the detention volume meet the design storm Information - The City drainage criteria needs to be implemented completely. This includes but is not limited to erosion control, soil stabilization, and re- vegetation in disturbed areas. Also, there needs to be an analysis of where the drainage will flow 2. Sidewalk, Curb, and Gutter - Requirement- sidewalk, curb, and gutter must be designed using the City of Aspen design standards which are available in the City Engineering Department. 3. Fire Protection District - Requirement- Fire Protection District requests the following revisions be made: r"'>. t'} " y , ! Page 2 ofS December 12,2001 Mona frost Trust a. The alley is not to be compromised any further than already existing conditions. No tree are to be planted along the red brick building. b. At a later date the use of alley block 71 as a turnaround for fire trucks is to be reviewed 4. Transportation - Requirements- The information were forwarded by Transportation department: a. No Comment 5. Building Department - Requirements - The following requirements were forwarded by the Building Department: a. No Comment at this time 6. Assets - Requirements - The following requirements were forwarded by the Building Department: a. The addition of the Alley 71 will not add FAR to the property b. Signs are to be posted that make it clear to public that this is public land not private and they are free to use it. This sign is to be permanent c. The proposed lilac's along the Red Brick Building are not to be planted as this again gives the impression that the public trail is private land 7. Parking - Requirement - The following requirement has been forwarded by the Parking Department: a. No comment 8. Engineering Department - Requirement- The following requirements have been provided by the Engineering Department: a. If there are any existing or planned utilities in Alley 71 it is to become Easement corridortoaccomrnod~te these. b. There is to be no encroachment into the 20 'It wide corridor running along the Red Brick Building c. The shoulder of the above corridor are to be of dense graded crush to accommodate any emergency or maintenance vehicles Information - The following information has been provided by the Engineering Department: ~ I) Page 3 of 5 December 12, 2001 Mona frost Trust a. The submittal of the construction plans to Engineering Department for reviews prior to application for building permit will benefit the developer and will facilitate timely processing of the Building Permits. 9. Streets Department - Requirement- The following requirements have been provided by the Streets department a. No comment 10. Housing Office - Requirements - The following requirements have been provided by the Housing Office: a. No comment 11. Community Development - Requirements - The following requirements have been provided by the Community Development Office: a. A subdivision Plat will be required at a later date 12. Emergency Management Disaster Coordinator - Requirement - The following requirement has been provided by the Pitkin County Disaster Coordinator: a. No comment at this time 13. City Environmental Health Director - Requirements- The following requirements were made by the Environmental Health Director: a. No comment at this time 14. Parks _ Requirement- The following requirements have been made by the Parks Department: a. City will retain vehicular access down concrete drive ( lot G). Giving accesses for trail maintenance and ,accessto supplies b. Concrete at the end of the property, the entire length of the public trail, including a better tie in with the red brick building East entrance. c. A sign ( double sided) is required at the beginning of the trail, ( beginning of Lot 4) identifying the public access and direction of access. d. No need for lilacs along red Brick Building e. Caution property owners on safety and speed while using Lot G 14. Utilities: Water: ~ f""", f""", J Page 4 of 5 December 12,2001 Mona frost Trust City Water and Electric Department - Requirement - As a request of the City of Aspen Water Department, revisions need to be made as follows: a. All uses and construction will comply with the City of Aspen Water System standards and with Title 25 and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code b. Preserve all easements. There is to be no pavement or additional vegetation on the easements c. Public assess is not to berestri,cted d. Access to the transformer is not to restricted Wastewater: Aspen Consolidated Waste District - Requirement - The following was provided by the Aspen Consolidated Waste District: a. All the easements are to be memorialized Construction: Work in the Public Right of Way Requirement - Given the continuous problems of unapproved work and development in public rights-of-way adjacent to prillate property, we advise the applicant as follows: Approvals . . ~ ~ Page S ofS December 12, 2001 Mona frost Trust 1. Engineering: The applicant receives approval from the City Engineering Department (920-5080) for design of improvements, including grading, drainage, transportation/streets, landscaping, and encroachments within public right of way. 2. Parks: The applicant receives approval from the Parks Department (920- 5120) for vegetation species and for public trail disturbance. 3. Streets: The applicant receives approval from the Streets department (920-5130) for mailboxes, finished pavement, surface materials on streets, and alleyways. 4. Permits: Obtain RO.W. permits for any work or development, involving street cuts and landscaping from the Engineering Department DRC Attendees Staff: Nick Adeh Richard Goulding Dennis Murray Ed Van Walraven Chris Bendon Brian Flynn Phil Overynder Tom Bracewell Ed Sadler Applicant's Representative: Stan Clauson :", STEWART TITLE ASPEN 0 , ~>f' ,,.."-,; :.: ""', ;~. 20~2 2: 24PM ::: 8-~ "" -:- D/\~ .~' ~ q2-' Q.\~ r:j~~ ~v NO.71! p~ 1)3 j,.. -. ~'IIIIl" (,.'.~_l:I.'.,"'I..,~", RECORD OF PROCEEDINGS 100 Leave. OIlD!NANi:E~~. :2" (S~ies of 19~ ,r' k, ,;,i ANORDrNANCE VACAT1NG THE ALLEY I~ BLOCK 64, ORIGINAL ASPEN TOWNS IrE AND A PORTION OF THE ALLEY IN llLaCK 71, ORIGINAL ASPEN TOWNSI'fE t, : WKERBAS( the public use, convenience and necessity no l~nger requires the hereinafter described alley o~ portion thereo:t; f NOW, TllEREFORE, liE IT ORDAINED BY TIlE CITY COUNC!L, OF ',":':',., ' TIlE C!T~ OF ASPEN, COLORADO, Section'! The alley lying ~ithin Block 64, Original Aspen Town.ite, shall be, and the same hereby is, vacated. Section 2 That portion of the alley lying within Block 71. Original Aspen Townsi~~1 lying between the easterly line of vacated Aspen Street and a 1ine ~o ~.et westerly of 'and parallel to the easterly line of Lot M (sometimes called Lot G), shall be, and ~e 5~e hereby is, vacated. , f Section 3 , If any provision of this ordinange o~ the application thereof t~ any person or circumstance is held ihvalid~ such invaliaity shall not affect ot.her provisions. or applications. of the ordinance which can be qiven effec~ without the invalid provi!1on or application, and' to this end the provisions of ~his ordinance are 4eclared,tQ be sever~le. , ~' '" ,;1"",""'''''' Section 4 A public hearing on the ordinance ehall be held on ;::;;~ /'-1- 1978, at 5,00 Poll. in the, City Council Chambers, Aspen City Hall, Aspen, Colorado. -~ - .-,.- -.-.-- - ._~ Po_ fax Note 7671 D!lt6 T. CoJOapt, CD, Phlll'\4li Fu1t Fa,,' !1,'v'"II'~II~I".~~~:Ht~.,... !-_.~...~. -~" ,-," ..... . -"-~' - 'd [IS\'ON 11dO 8: ! 10 OS'S . ^O~i "<-;; . d 1/2,' oN (""', 8. 2882 2' 2SP/1 STIi:WART TITLE ASPo; ') , -.... eo-j No. 711 f:'.3/3 ./f.ll.lll'()lil:l 'U'I.~lNe eo., 1;I1IltI~ ...... T RrCOlte OF I'ltOCEEOINGS StArs OF COr.OAAIlO CO~T~ CF PIrKI~ ) ) Ss ) ~ ',..."" ,. "", '"" "'"' " ',..., 00',,_, ~ -" ''''''' .." '" ...~ ... """"'" -"'-. '" """''"' , .... '" """ ... ....., " ~ "~ad",J..,n9' at a "egu~aA;ng, O~ :e City COUncil Of,1:he 'u, '" "'" '" -7, "'.1:, .., _'"'' " ... "... '.... · "..., """", " ''''''' 0'..", "L>o, '''9~' '; '":: '''',", 00',,",,, .. '" '.... " "" , "'1:. '"' ". ""'" .",,'" ........., .. · ""'" ......, " '" "" "-"" .. - rz'l"'-"4-, '''z. .., _..., "'''''''' .. "'''.... ... ~, """ " "'.1:, " "" "'" " PrOVided hy l~". '" ""''' "'-, , ..~ .,....., '" '" ..., ." ..., " "'" ,,'. " ,...., """'" ..,. ~ of -t:2-J? -~ & _, 197":' , the day SI>A.t ~~ oeh, C-.l.t:y C e.t'~ 'r- 4thl'rn S. !iqpUty C~j,y~ ~ I t. f , '. Ig.'/II.'.~~~r:... 01.1 ! ~ . r , r ... -. , !l""'"\ .... - A )/ ~,~ Fiol(. APPLICATION Frost Property Rezoning, Alley Vacation, and Access 2 October 2001 ,.. Revised 19 April 2002 .... - .- ... .... p" "".., - ".. "" - !,,;;'; ,... ,., Applicant: Camilla Auger The Frost Property LLC 709 North Spruce Street Aspen, CO 81611 Location: 216 E. Hallam Street Aspen, Colorado 81611 Zone District: S/C/I and R-6 An application for rezoning, alley vacation, and utilization of Sheeley Blvd. for access for the Frost Property, 216 E. Hallam Street, Aspen, Colorado. Represented by: Stan Clauson Associates, LLC 200 E. Main Street Aspen, CO 81611 970-925-2323 ~WV\l!l~~-€- 544~Of47 ~ ......, I'""\, !j C) "rAN CLAUSON ASSOCIATES, LLC Planning. Urban Design Transportation Studies Project Management r- '"' foe..") t' 19 April 2002 200 EAST MAl"" STREET AsPEN, COLORADO 81611 TELEPHONE: 970.925.2323 FAX: 970.920.1628 E~MAIL: clauson@scaplanning.com WEB: www.scaplanning.com I'" Ms. Joyce Ohlson, Deputy Director City of Aspen Community Development Department 130 S. Galena Street Aspen, Colorado 81611 - , Re: Rezoning, Alley Vacation, and Access Approval for 216 E. Hallam, Aspen r1 Dear Joyce: ,... On behalf of the Camilla Auger, Managing Partner for the Frost Property, LLC, I am submitting this revised application requesting that the City of Aspen conduct the necessary reviews to provide for rezoning, alley vacation, and access for the historic property known as the "Frost Property," located at 216 East Hallam Street in Aspen. ~ k' ; f!l""I This revised application differs from the previous one submitted on 2 October 2001 in several respects as follows: · The conveyance of the property to the Frost Property, LLC is recognized. · A site-specific development plan is being prepared for submission to the Historic Preservation Commission. The revised application provides a site design plan based on this new plan for the property. · A corrected survey has been prepared that shows the width of the front and rear properties to be sixty feet, and the front lot to contain 6,000 s.f. ofIot area · An additional area of land from Trueman Lot 4 has been added to the rear parcel, based on the historic use and occupancy of the area by the occupants of the Frost property. · The transfer of land, historically occupied by the Frost property, from Trueman Lot 4 to the Frost property has been recognized under a court decree. In all other respects, this application remains the same, and the purpose and intent of the application is the same as that originally filed. r"". I"'" .... .... r ~ This historic property, consisting of a barn and house, is located on two lots in the R-6 residential zone. The property is separated by an unused but unvacated alley into parcels, one containing an historic house, the other containing the historic barn. The rear parcel, along with the barn, is bisected diagonally by the original townsite line. The residual triangle, located outside of the original townsite, had been incorrectly included with the property known as Lot 4, Trueman Neighborhood Commercial Project, a property that includes the present location of the North Mill Station shopping center (the location of Clark's Market). As it was clear that the barn had occupied the property well into the past, p: ~. '"' ,.,. PLANNING AND DESIGN SOLUTIONS FOR COMMUNITIES AND PRIVATE SECTOR CLIENTS ~ ,,\ C\ City of Aspen Community Development Department 19 April 2002 Page 2 the residual parcel was returned by quit claim deed from Puppy Smith LLC, the owners of Trueman Lot 4 to Camilla Auger, as Managing Partner of the Frost Property, LLC. However, the official zoning map adheres to the original townsite line in differentiating between the R-6 residential zone of the West End and the Service/CommerciallIndustrial (S/CIl) zone of the lands to the north. In order to utilize the rear parcel in a manner consistent with the adjacent land, the residual triangle needs to be rezoned from S/CIl to R- 6. At the same time, the alley separating the parcels has no value to the City for purposes of public access, and is requested to be vacated. Finally, the rear parcel containing the barn originally had access from the extension of Francis Street, east of Garmisch Street and to the rear of what became the Red Brick SchooL With the vacation ofthis portion ofE. Francis Street, access was obtained either from an access drive behind the school or the access drive adjacent to the Red Brick Gymnasium, currently identified as "Sheeley Blvd." There is no evidence of a driveway internal to the property providing access to the rear parceL The drive adjacent to the Red Brick Gymnasium is alternately identified as a "public trail" on the Red Brick Arts Center PUD plan and as "Sheeley Boulevard" by a City of Aspen street sign. It is, in its current condition, a gravel driveway providing access to the rear of the Frost property and to the easterly rear portion of the Red Brick Gymnasium. Our proposal is to formalize this historical access through a resolution of the City Council. The access would be provided for both surface use and an underground utility corridor adjacent to the historic properties. In exchange for this formal acknowledgement of the traditional access, we have proposed several site improvements to provide for the development and screening of the "public trail," consistent with the need for access to the Red Brick and Frost parcels. These three requests: . R-6 zoning of the residual triangle, . Vacation of the alley separating the Frost parcels, and . Acknowledgement and preservation of surface and utility access to the rear parcel, are consistent with historic preservation goals for the property. Rezoning the residual triangle will provide for the restoration and redevelopment of the barn, either as a residential or residential accessory structure. Vacation of the alley will allow the two Frost parcels to instaI1landscaping and improvements secure in the knowledge that they can maintain these properties as their own. It will also allow the rear parcel to be of sufficient size to encourage the redevelopment of the historic barn structure. Finally, permitting the traditional access to use Sheeley Blvd., will provide access to the historic restoration ofthe t!f'!'I!lI W" f"') r'\ .".>:;:;) ,... City of Aspen Community Development Depilrtlllent 19 April 2002 Page 3 ... rear parcel without disrupting the existing landscape of the front parcel, and without incurring an additional curb cut along East Bleeker Street. ,.., ~. The land from the alley vacation would be divided equally between the front and rear parcels. Attached to this application is a drawing depicting the area to be rezoned, the disposition of the alley between the two abutting parcels, and the proposed landscape treatment for the Sheeley Blvd. Access and public trail. ... On 23 August, we met with James Lindt and Amy Guthrie for a Pre-Application Conference to review the requirements for application for rezoning, alley vacation, and access utilization. Subsequently, we have met several times with you to clarifY issues and develop an appropriate application strategy. We have also met twice with the Development Review Committee and held several meetings with the Parks Department. A utility location activity was conducted on 15 April 2002. This application and the site plan have been developed in response to these meetings and to the application requirements, as outlined in the Pre-application Conference summary, dated 28 August 2001. ~ ,... ,... II"" We look forward to an opportunity to present our application for these improvements esseutial to the historic restoration of the Frost Property in the hearing process, and remain ready to answer any questions that you or the review boards may have regarding the application. .~ Very truly yours, .... ~ - "'" t. ... Stan Clauson, AICP, ASLA STAN CLAUSON ASSOCIATES, LLC ... Attachments 1-9: 1. Land Use Application Form 2. Applicant's name and address, and letter of authorization for representation 3. Response to Municipal Code and Land Use Code Section cited in the Pre- application Conference Summary, dated 28 August 2001 4. Vicinity Map 5. Disclosure of Ownership 6. Quit Claim Deed from Puppy Smith LLC to Mona 1. Frost Trust ~ ... ,- .... --- .7\ City of Aspen Community Development Department 19 April 2002 Page 4 7. Pre-application Conference Summary, dated 28 August 2001 8. Revised and enhanced Landscape Plan with requested access shown 9. Rezoning, Alley Vacation, and Access Improvement Plan 10. Survey 11. Red Brick School Plat Enclosures: 1. 10 copies of application, 2 full size copies of drawings in Items 8, and 9. Previously enclosed: 1. Signed fee agreement 2. Deposit for review of the application in the amount of $2,405 for Planning and $345 for Referral Agencies. Cc: Camilla Auger ,.. ,A lAND USE ApPLICATION PROJECT: I"". 'c<if Name: Frost Pro Location: 216 E. Hallam Street; LotsD and E and LotsN and 0 a/k/aH and!), Block 71 dicate street address, lot & block number, 1 . 'on where a riate .... "" ApPLICANT: ... Name: Camilla A er, . Partner - Address: Frost Pro , LLC, 709 North S ruce Street, Phone #: 970544-0745 REPRESENTATIVE: - CO 81611 ~ Name: Stan Clauson Associates, LLC Address: 200 E. Main Street, -~ CO 81611 Phone #: 970925-2323 - TYPE OF ApPLICATION: (please check all that apply); o Conditional Use D Conceptual PUD .... 0 Special Review D Final PUD (& PUD Amendment) o Design Review Appeal D Conceptual SPA .... 0 GMQSAllotment D Final SPA(& SPA Amendment) o GMQS Exemption D Subdivision o ESA - 8040 GreenIine, Stream D Subdivision Exemption (includes Margin, Hallam Lake Bluff, condominiumi2'ation) Momrtain View Plane Lot Split Lot Line Adjusbnent - o !"'" 0 D r8J Temporary Use TextlMap Amendment D Conceptual Historic Devt. D Final Historic Development D Minor Historic Devt. D Historic Demolition D Historic Designation D Small Lodge Conversion! Expansion r8J Other: Alley Vacation Access Agreement "" ExISTING CONDITIONS: . tion of e .. buiI' s, uses, vaIs, etc. Two parcels ofland separated by a remaining portion of Alley Block 71; parcel consisting of Lots N and 0 (a/k/a H ... and I contains a residence; 1 D and E contains historic barn. Parcel D and E had encroachments. PROPOSAl: (descri tion of - Rezone portion ofland added to parcels D and E to R-6, consistent with neighborhood. Vacate portion of A11ey Block 71 and ass' to abutters. Provide access to via drivewa ad'acent to Red Brick ... Have you attached the following? o Pre-Application Conference SUIIIII'laI)' ,... 0 Attachment #1, Signed Fee Agreement o Response to Attachment #2, Dimensional Requirements Form o Response to Attachment #3, Minimum Submission Contents ,... 0 Response to Attachment #4, Specific Submission Contents o Response to Attachment #5, Review Standards for Your Application ... FEES DUE: $ 2.750.00 (paid) ,~, ~ 19 April 2002 Joyce Ohlson City Of Aspen Community Development Department Aspen, Co 81611 To Whom it May Concern: This letter is to certify that I, Camilla Auger, Managing Partner of the FROST PROPERTY, LLC, 709 North Spruce Street, Aspen, Co, authorize Stan Clauson Associates to represent us in the hearing process for rezoning, alley vacation, and utilization of Sheeley Blvd. for access, for the Frost Property, 216 E. Hallam Street, Aspen, Colorado. Their contact infonnation is as follows: Stan Clauson Associates, LLC 200 E. Main Street Aspen, Co 81611 (970)925-2323 (970)920-1628 Fax Very Truly Yours, (' t<--(~ Camilla Auger Managing Partner FROST PROPERTY LLC ,... ~ , f""'\ I:"~::} ,... ... Land Use Code Standards Report Attachment 3 ... Offered below are responses to relevant review standards as identified in the City Of Aspen Land Use Code: 1. ResDonses to Section 26.310 Amendments to the Land Use Code and Official Zone District MaD ... .... 26.310.010 Purpose - The purpose of this chapter is to provide a means of amending the text of this title and the official zone district map. It is not intended to relieye particular hardships or confer special privileges or rights on any person. ... ... Response: The application is consistent with the intent and purpose of this section. The present zoning boundary follows the Original Townsite boundary and is inconsistent with either the actual terrain or the land use patterns of the neighborhood The purpose of this application is to unifY the parcels that comprise the Frost property as residential properties, consistent with the S,Y1Tounding area and the intent of the Land Use Code. Rezoning the residUal triangle, obtained by quit claim deed, upon which the historic barn sits will allow for the redevelopment of that historical resource for residential purposes. ~ .... 1"'\ 2. ResDonses to MuniciDal Code Section 21.28 Local Public ImDrovements ,.. 21.28.010 City to Contract The City shall have the power to contract for, construct or install local public improvements; to assess the cost thereof wholly or in part against the property specially benefited; to make and contract for a local public improvement and to pay from any lawful fund that portion of the cost which is general public benefit; and to accept contributions or grants-in-aid to supply in whole or any part of the cost apportioned to the city or to accept and apply such contribution or grants-in-aid wholly or in part to the credit of the appropriate public improvement district. .... ! .... ,.., Response: The applicant is requesting that the traditional access to the Frost property, via the drive adjacent to the Red Brick Gymnasium also known as Sheeley Blvd, be formally acknowledged by the City Council as an access in perpetuity, for both surface movement and utility access. This access shall be deemed to replace public rights-ol-way providing access to t~e property that were vacated as part of the development and use of the Red Brick &hool. In exchange for this acknowledgement of right of access, the applicant is proposing to provide fundingfor public improvements to be installed along the access drive. These .... - - ~ r\ Land Use Code Standards Report Frost Property Rezoning, Alley Vacation, and Access Page 2 public improvements shall consist of paving the access drive and public trai!, installing landscaping, and installing signage and other protective measures to mitigate any coriflicts between vehicles and pedestrian or bicyclists using the path. The suggested improvements are provided in a drawing included with this application, and may be subject to modifications requested by the City Council or City staff. Payment for and construction of these improvements shall be subject to the other provisions of this Chapter 21.28 of the City of Aspen Municipal Code. 21.28.050 Rules of Petition (a) Petitions for a proposed improvement shall describe the real property owner by each signer being benefIted by the proposed improvement; shall state the nature and location of the proposed improvement and the proposed maximum unit cost thereof.... (b) All signatures on petitions shall be subscribed and acknowledged in the manner provided by law for acknowledgement of deeds of conveyance of real estate.... Response: It is the intention of the applicant to provide an appropriate petition for the proposed impruvements, based on an agreed-upon improvements list. 21.28.060 Public Notice of Proposed Improvement Response: Public notice of hearings related to the proposed improvement will be provided in accordance with the provisions of this section. 21.28.220 Improvements (a) The improvements authorized by this chapter may consist of grading, paving, curbing, guttering, parking, landscaping, street lighting, or traffic signalization for or otherwise improving the whole or part of any street or alley or public easement in the city or anyone or more of said improvements, including the reconstruction, replacement, renewal, or extension of the same and the acquisition of property and rights-of-way therefore. Response: The current trail easement poses a unique opportunity to maintain the existing soft space around these buildings that are listed on the Historic Inventory in Aspen. These intentions would be in conformance with the City of Aspen Preservation Design Guidelines, Chapter 14 General Guidelines, Section 14.17: "Plan parking areas and drive ways in a manner that utilizes existing curb cuts. New curb cuts are not permitted. .if an existing alley exists, a new driveway must be located off of it. " ,.., r~ t) ~. Land Use Code Standards Report Frost Property Rezoning, Alley Vacation, and Access Page 3 ... ... The driveway at:ijacent to the Red Brick Gymnasium or Sheeley Blvd, as it is identified, fimctions as the replacement alley for the vacated portions of the alley and E. Frances Street, which provided traditional access to the Frost Property. Furthermore, as stated on p. 116 of the Historic Design Guidelines, under Driveways & Parking: ..... ... Historically, parking was located to the rear of a site. This tradition should be continued, and in all cases the visual impacts associated with parking should be minimized The number of curb cuts seen along a street are limited since new ones are not permitted On-site parking, when necessary, should be subordinated to other uses and front yards should not be "parking areas". ... ~ A landscape drawing has been provided showing proposed improvements to Sheeley Blvd in the context of providing a permanent access agreement to the Frost parcels. - 3. Responses to Request for AlIev Vacation ,... 26.310.010 Purpose ... This request is not covered in the City of Aspen Municipal Code. However, our understanding is that a procedure has been established for vacation requests involving municipal streets, alleys and other public ways. The procedure is that an abutting property owner submits a request for the vacation, signed by all abutting property owners. This petition is then reviewed by the Engineering Department, which prepares a response to the request to be forwarded to the City Council. The Council then holds public hearings on a vacation ordinance. If approved, a plat is prepared showing the vacation and the allocation of property to abutting property owners. ~ ... - r"" Response: As owners of 100% of the property abutting the short remaining segment of the alley in Block 71 in the Townsite and City of Aspen, The Frost Property LLC hereby petitions the City of Aspen to vacate this alley segment and allocate the vacated property as shown on the "Access Improvement Plan" attached to this application. - !"'""I ... ... ~ , ~ ... I"'! """" r- r ... k,'o I"'" ~ r'" ... f ' ,.. ;- ... r ; ... /;,', " ,... E .2:! ~ ~ '" ~ '" - C'l ~ 8 >-l ~ ~ E::!.- o U <=f " ~ - t- ..!< u o iIl 0" "0 !ii z '" ~ - 0_ >-l'" - "00 ~~ f-< ... ~~ uU <Zl<=f ~ " Cl~ :;j ~. el " e ::lci5 rl n ATTACHMENT 4 :.1 'i-S -. .. . . - \ a_ -I I ~"Oi9 ~, .._ I ..I! -~ ,--,---- L--"'i-S-l1!N '.. '''--- !I.~.~ r:~, '~~i '1 S LP-'ouoN<V__, ~ tl. :-~~ ~~ I ... ..... -..., . .. I~. . ... , . +>. "-=+> -11> . -- . 11>' ..... __ 11> ... > . +'-- 11>- -t.- <[, ~ .p +' 'i-S uads\;I V1 .p II. ~_.a Vl',; '0. ~', ~ (/) L!' r- --. Q ;3 .1 I~ . ~ . :i? cJ =... ..'! j ): J: "'I_~ . . i 'is LPS!WAO~ . - . . =-- ~ ~ ~ ~ U ... ;, ~ ~ ... ~~ ~; ~ ~ U ~ ~oo---:- oo~OO ~ O~~ ] ~ ~ . Cl ~<~ '" ~ 0 ~~ >-l ~....J ] 02 ~o ... ~ ; u 00 ~ ~ ~ ~ ~ o = ... . -- 'i-S 6u!-,dS 'S I. ~ .- .. . . . . - ... . .., :I.. , -'a+unH" '0; _t= .. e I I . :.. I , .... '. .. u,!ll ... a.1 .. . ..,.. .. ~ Ap r ,19, 2002 ~ 9:29AM - No,5885 p, 2 ~tachmant 5 ;/. CITY OF ASPEr. WRElT PAlO Ilvr7: ~ JtfJ~kTRUSTEE'S D~~D CITY OF ASPEN HRETT PAID ;/u);...;t: $~ .b-t.. .~. ill) r(} .vo THIS TRUSTEE'S DEED, (the "Deed") is made by MONA J. FROST TRUST and U.S. BANK NATIONAL ASSOCIATION (fonnerly known as Colorado National Bank also formerly known as First National Bank. in Grand Junction), a national banking association organized and doing business under the laws of the United States, Trustee of the MONA J. FROST TRUST, (coHectively, "Grantor"), to FROST PROPERTY LLC, a Colorado limited liability property, Grantee, whose address is 709 North Spruce Street, Aspen, Colorado 81611. ~ ~ ,... ~ WITNESSETH that Grantor. for and in consideration of the SUm ofTen Dollars ($10.00) and other good and valuable consideration to Grantor. in hand paid by Grantee. the receipt of which is hereby confessed and acknowledged, does hel"eby sell. convey, assign. transfer and set over unto Grantee the following described reaJproperty situate in the County of Pitkin. State of Col,orado: See Property Description attached hereto 8S Exhibit "A" and made a part hereof. Also known by street and number as 216 East Hallam Street, Aspen. CO 81611 ~ .1 ~ ".. - v ~ ~ ")' ~ \, WITH all appurtenances and priVileges theJ;eunto belonging, or in anywise thereunto appertaining, and all the estate. right, title, interest and claim whatsoever of Grantor, either in law or in equity, to the lIse and benefit of Grantee, its 3uccessors and. assigns forever; subject to, covenants, easements, reservation, restrictions apd rights-oE- way of record inclUding, but not limited to the Exceptions to Title listed on Exhibit "B" attached hereto. - ""'" TO HAVE AI'iD, TO HOLD the premises above bargained and described, with the appurtenances unto. GraDtee, its successors and assigns forever. And Grantor for itself and its SUccessors covenants and agrees to WARRANT AND FOREVER DEFEND Grantee, its Successors and assigns in the quiet and peaceable possession of the above.bargained premises against aU and every person claiming the whole or any part thereof by, through or under Grantor. ".. ~ ~ ~ I') 1f~1 Ia]I .... IN WITNESS WHEREOF, U.S. Bank National A~sociation. in its capacity _s Trustee of the .Mona J.. Frost Trust" has caused'its corporate name to be hereunto subscribed by its Assistant Vice President, Kenneth D. Roth. and its corporate 5elal to be hereunto affixed, attested by its Trust Officer, Lori Hamilton. .... ,.. EXECUTED, January 24, 2002 MONA J. FROST TRUST, UTA dated June 18, 1970 By; U.S. Bank National Association (formerly known as Colorado National Bank and also formerly known as First /j~;Z~~';: """' ''""':~' ,=.. .. " _i"_'lfy;~ ".:" '/ 'dA-U/k; -:;d .~ ," :: 0;1 Hamilton, Trust Officer )~;~~:'h:>,:~'" ;7R- ro ~ " '::. , : ' : rr'K"~;h D. Roth, Assis(1; Vice President - U.S_ Bank National Association (formerly known as Colorado National Bank and 'also formerly known as First National Bank in Grand Junction). Trustee of the MONA J. FROST TRUST, UTA June 18, 1970 ,.. ~ - f'\ /l~f} By;..e,,-OJ '-~ K neth D. RQth. Assistant Vice President. . .:::!.J1fll/ ./ .....:..:..~.::~:j. .........~ V .~ ' . :-.!" o'-''''~'''?oo;:. ~.L_/,:. co , .~__ By: ~A'. "",.,~;;;r~.::;' ." .,' ,r~:: ori Hamilton, Trust OfficeE[.'~~~) ./'(LY /.3 = ~e.*"n.. '+0., &Jt f;J,~b:'rl;:r::<~:.:,:....../-;:::. /1111'((1~1~.1~111" ~~~~:3'''P ~~$:,t~ ~1:?-t~ ~{',.<;c:~,,;..;. 1fTR' 1'5." D 178.1. J!I"IlIl - ""'" .... o No.5885 r...4 ( '\ Rvr. I~. lUUl ~:ZHAM EXHIBIT "B" TO TRUSTEE'S DEED MONA J. FROST/FROST PROPERTY LLC List of Excentions to Title ]. The lien for 2002 r~al property taxes due and pa.yable in 2003. 2. Exceptions and mineral reservations as contained in patent recorded March 1, t 897 under Reception No. 60156. J. Right of way for ditches or canals eonstructed by the authority of the United States.. reserved in United States Patent recorded August 29, 1958, in Book 185 at Page 69. 4. Easement and right of way for access purposes as granted to Aspen One Company in Deed recorded November 29, 1973 in Book 281 at Page 76l. 5. Terms, conditions,.and provisions of Subdivider's Agreement as contained in instrument recorded April 8, 1977, in Book 327 at Page 25. 6. Easements) rights of way and other matters as set forth on the plat of Trueman Neighborhood Commercial Project recorded April 8, 1977 in Plat Book 5 at Page 70. 7. Easements. rights of way and aU matters- shown on Improvement Survey Plat dated January 21) 2002 prepared by Aspen Survey Engineers. Inc. as Job No. 25089C. 28971S4eU.Doc Imllllillg~II~lmnmnll~ ~~~~~~ :.,... SIL....IA ORVIS PITJUH COlJIfT'( co R 1&.08 D t7l.'1 ,. An.19. 1001 9:19AM fj " No.5885 p ... i"" EXHIBIT "A" TO TRUSTEE'S DEED MONA J. "fROST TRUST/FROST PROPERTY LLC - PrODertv DescriDtioD Parcel I: . ... Lots letlered D and E in Block numbered Seventy-One "(71) and Lots lettered Nand 0 (also known as H and I) ;n Block numbered Seventy-One (71) in Ihe Townsite and City of Aspen. r :J3.1;z,C) ~ Parcel 2: A parcel of land being that portion of Lot 4. Trueman Neighborhood Commercial ~ Project adjacent to Lots D and E. Block 71 City and Townsite of Aspen (according to Ihe 1959 official map of the City of Aspen) described as follows: Beginning at the point of intersection of Aspen Townsjte Line 4..5 and the West line of - Lot K, Block 7], City and Townsite of Aspen, projected northerly (said pn;nt of beginning being the Southwest Corner afthat parcel ofland described in Book 343 at Page 518 oflbe Pilkin Counly reco,ds); .... thence North 14 degrees 50'49" East 37.98 feet along Ihe weslerly houndary of said Book 343 al Page 518; Ihence North 75 degrees 09'1 J" Wesl 59.82 feel; !IIlII\ . thence South 14 degrees 50'49" West 5.35 feet to the Southwesterly boundary of s~id Lot 4; "'" thence south 43 deg'ees 08'33'" West 70.54 feel along said Soulhwesterly boundary of Lot 4 to Ihe westerly boundary of said Book 343 al Page 518; thence North 14 degrees 50'49' East 4,77 feet along Ibe westerly boundary of said Book ".. 343 ilt Page 518 to the point of beginning. COUNTY OF PITKIN - STATE OF COLORADO 5:/,) ,,,,I.JW ....,"''''/".'.,..,,''.., v' ' ',' , ^'y7 y''': 1-16 ;.- ... ,~ . ,.i ,... """" - - - IIIU~ I~ 00 IIIH~lIIln~ Ulllllm ~~~~:~ :"20P srLIIHI CQ\/'IS PITKIN e~TY CI> R 15."" l) i78." - OCT-02-2001 P.06/06 , PA~l14b 16' 32 US BANK ~ 303 585 4442 nt.-c:orQCd at"" ~....<l:"""_' ~1\......J..__..lIlL.. .......,';'\~...~..-":'.~.)..-V"""" -~........._..._-""B:O~ ~( lk.epU.. N~::',,:Ut.1.9.17_--._....... ._.m..2.ggY_E,'ml:li~U!<\!....: ,:.___.__.1I.....'r. I I I i \ I II II I, II I. " '. MONA J. FROST whose address ia Aspen, Cqlorado County"r pitkin 1T1IIlItlIllIIIIT fI[ :-!I)N 2:; 1'JlQ o- s.- - . State of colorado , for the cOnsideration of TEN DOLLARS AND OTHER VALUl\IlLE CONSIDERATIONS. ilOlIlIf~in hand paid. hereby 8011(s) and convey(s) t1> FIRST Nl\TIONAL BANK IN GRilND JUNCTION, TRUSTEE whose address' is Grand Junction, co19rado County of the following real property. in tho Mesa . and ~t4te of Colorado Coun~y of pitkin , . and state of Colorado, to wit: Lots lettered "D" and "E'; 'in Block numbered seveney-one (71) and Lots leetered "N" and ,"0" (Also known as "a" and "I") in Block numbered seventy-one (71) in the Townsite and City of Aspen, ( No money exchange. Documentary fee not Transfer of legal ,title only. required. ) u , (I " i! " " willa all its appurtenances, and warrant(s) the title to the same, Bubject to .; current taxes. ' p II 'I Sib."ed this 18th day of June ,1970 . . "'f1?li'~F~~'~'!/~""'"''''''''_''' i i' Ii :j " I, I .......................-.-..--.......................-......................-....... ....__......................__...___......n.................._n....................... STATE OF COLORADO. }~ County of 1'-tesa 'I .;"..~:..,'I'l' .? :~::.......:..~.r;~.~ './ .~~v~.?v ~'1':~", O " "'~ ." .....0.., lily commission expires ~;?_.r...../ / '1 70 . .I .. "'...;..... "'<7';~ .Witness n1Y hand and official alal. . . r- fG-.q I) ~:.; Q> + ~O, (.t.). .C/,' ... "a.,ul' . ':. <1".- /fo': ';: ...... ..............!::~.. ...,~:,.,..:.l.:,l~n11,.:...,,; ....... N"1..l\J')'~~ls.'I'~l " l.'..........~'" ,". SI../I,I"'"1I Jloli:t1OlVlI('tlgwu:n.I_H by Dl\luml pf!I'lIOIl or per-1I01l" ~ InOJ<"I"\ muno or J'Ifl,l11<.'lI.; Ie w pel"l!<>f'l nc~irilt~'1n riT~'tunll\~ ~ tfr~tn~ ~:~~~~oF~W~tYo~.~~:tl~~~ ~~r: :t'::c~'orrl~ o~ o~l:~~e.it':n~~ld~~~~ro~~r ~l:~~Oi'~-:Cl\~~':= l"ll':\lloo nRmlng 11. The foregoing instrument was acknowledged before me this q day of June . 1!11 0 . by Hona J. Frost 18th :! " "._-~.._--'-- ___._"____u_~ '.. No. 897. W..rr.ft~ U-a-Sh..,t f'..nn-8n. 11"'-13. C.a.s.ltU.-brad~ l'obU.lllnr Co.,n:"'" SWlit Stftcl. Dea..~, Colon"," ".. ":"".i " /i:'/,)/'" (/Wl;/i;di" TOTAL P.06 ~llIlIIljllllllllllljlllllllll" 111111111I11111 1111 1m ' '55904 06/27/2001 02:31P Qco DAVIS SILVI 1 of 2 R 10_00 D 0.00 N 0.00 PITKIN COUNTY CO ... .... JPIIl ,.. ... ... """. ... ... ... ,... ... ~.. .... ... .... ""'" .... "'"' AUG-23-01 14,45 FROM,HOLLAND&HART ',f""'\ j"'!4 ....;.;:-.. ID'97092~57 , J PAGE 5/5 OUIT CLAIM DEED ' THIS DEED, Made this ~ day of j ~ . 2001; between puppy SMITH LLC, ("Grantor") Grantor and MONA J. FROST TRUST whose legal address is c/o US Bank, 950 Seventeenth Street CNDT0615, Denver, Colorado (Attn: Lori J. Hamilton, Trust Officer), ("Grantee"). WITNESSETH: Grantor, for and in consideration of the sum ofTen Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, 'has remised, released, sold and QUITCLAIMED, and by these presents does remise, release, sell and QUlTCLAl:M unto Grantee, its successors and assigns, forever, all the right, title, interest, claim and demand which Grantor has in and to the ' real- property, together:W1th'improvlmltmtsi-ifanY;-::slfuat~ ~g"a:n(H:;emgiiFthe County. of Pitkin and State of Colorado, described as follows; See Exhibit "A" attached hereto and made a part hereof TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto apPertaining, and allthe estate, right, title, interest and claim whatsoever, of Grantor, either in law or ' equity, to the only proper use, benefit and behoof of Grantee, its successors and assigns ,forever. This conveyance is made subject to all zoning and land Use laws, restrictions and regulations and also subject to any and all property taxes, covenants, conditions, restrictions, easements and rights of way of record. IN WITNESS WHEREOF, Grantor has executed this Quit Claim Deed on the date set forth above. ' , GRANTOR; ...... --.' -. .' ger STATE OF COLORADO ) )ss; COUNTy OF PITKIN ) , ,.."".0$=0",,,,,,, The foregoing iD.stru~ent 'w aCknlW~ged before me thiS':<, :,,"~~~!.~!Q~"\ ~ .2001 by _~. ,~asManager ~~f.-J~u'PP.Y\ 'th LLC, a Colorado limited liabili Pany'-r~I <;;:" '<:>< "._," '~" ,;~=-<:-<~ .,. :,' . ~ ':. .. .;,0.- .. :- ~, ' . '<- ' Notary Public \'~,>>....~' '..'f...;;.~,.l .... '-'":0 _.._r l?..' ....~,.:::t ... ).: .' ...... ');, .. "..,,,, . '~'f"t"t..tn' AUG-23-01 14,45 FROM,HOLLANO&HART ,~ 10,9709259367 ~ . PAGE 6/6 :" , ..;...- ""-' " EXHIBIT" A" PUPPYSMITH LLC/MONA J. FROST TURST LEGAL DESCRIPTION A parcel ofIand being that portion of Lot 4, Trueman Neighborhood Commercial Project adjacent to Lots D & E, Block 71, City and Townsite of Aspen (according to the 1959 official map of the City of Aspen) described as follows: Beginningatthe PQint ofinterse~~!!J)f Mpen1;:ownsite , , Line 4'" 5 and the W e"St Lin~"~fLot"K, 'Block 71, Citfand " Townsite of Aspen, projected northerly (said point of beginning being the Southwest Comer of that Parcel of Land described in Book 343 at Page 518 of the Pitkin County records); Thence NI4"SO'49" E. 37.98 feet along the westerly boundary of said Book 343 at Page S18; Thence N7S009'll" W. 59.82 feet; Thence 514"50'49" W. 5.35 feet to the southwesterly boundary of said Lot 4; Thence S43"08'33" W. 70.54 feet along said southwesterly boundary of Lot 4 to the westerly boundary of Book 343 at Page S18; Thence N. 14"50'49" E. 4.77 feet along the westerly boundary of Book 343 at Page 518 to the Point of , Beginning. COUNTY OF, PITKIN STATE OF COLORADO --, ...... ~, ' '11111111111111111111111111I11111111111111I1111111111111 455904 06/27/2001 02:31P OCD DAVIS SILYI 2 of 2 R 10.00 D 0.00 N 0.00 PITKIN COUNTY CO ... .a-, ... PLANNER: PROJECT: REPRESENTATIVE: ... OWNER: TYPE OF APPliCATION: DESCRIPTION: ... ... I'I"'f; ... ,.... I") " " ....,:':,/ CITY OF ASPEN PRE-APPLlCA lION CONFERENCE SUMMARY James Lindt, 920.5104 216 E. Hallam Stan Clauson DATE: 8.28.01 Re'ZOOing, Alley Vacation, Utili7atiOll ofTrai1 Easement for Access The Mona Frost Property is located directly to the east ofthe Red Brick School and contains two parcels wI an unused, non-vacated alley splitting them. The rear parcel contains a barn that was built across property lines. The two properties on which the barn was constructed are located in two different 20IIe districts. The owner of 216 E. Hallam St. acquired the portiOll of the other property in which the barn is located and merged the properties. The Applicant wishes to rezone the rear portiOll of the rear parcel from SICII to R-6. The rezoning would not create a non-conforming lot in regards to lot area because it is alreat:Iy non-conforming in both zone districts in which the parcel is currently located. The applicant also wishes to officially vacate the alley that splits the two properties and be able to uti1ize the public trail easement to the east of the Red Brick to provide access to the rear parcel. To accomplish this, the applicant must petitiOll City Council to vacate the alley and to request approval for the applicant to use the public trai1 easement as access to the rear parcel. Any future development will be subject to HPC approval because the residence on the front parcel and the barn are both 011 the Historic InventOl)'. Land Use Code Section(s) ~ 26.310.10 Amendments to the Land Use Code and Official Zone District Map Municipal Code Section (s) ,.... 21.28 Local Public Improvements · Staff for completeness. · Development review committee (DRC) for technical considerations. · Community Development Director for recommendations to Boards · Planning and Zoning Commission for recommendation on Rezoning (PH) · City Council for review of Rezoning, Alley Vacation, and Petition to utilize public trail easement for access (PH). Alley Vacation application to be handled by City of Aspen Engineering Department, and petition to utilize public trail easement to be handled by City of Aspen Parks Department. · Historic PreservatiOll CommissiOll for future Rl>-Development Plans. Yes, every Board as noted above by (PH). Applicant must post property and mail notice at least 10 days prior to hearing, or at least 15 days prior to the public hearing if any federal agency, state, county, municipal government, school, service district or other governmental or quasi- governmental agency owns property within three hundred (300) feet of the property subject to the development application. Applicant will need to provide proof of posting and mailing with an q[fidavit at the public hearing. f"'lll Review by: ... ... ... Public Hearing: ".. ... Referral Agencies: ... Planning Fees: Historic Fees: Referral Agency Fees: Engineering, Parks, City Attorney, Water and Sanitation, Recreation, Streets Planning Deposit Major ($2,405 for 12 hours) Future Development will require HPC Approval- Fee dependent on scope of application. Engineering, Major ($345) ... ~, f~ T otaI Deposit: $ 2,750(additional planning hours over deposit amount are billed at a rate of$205/hour) To apply, submit the following infonnation: I. Proof of ownership. 2. Signed fee agreement. 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application. 6. 25 Copies of the complete application packet and maps. One to Planner prior to n'.....ining sets. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1Iea.; Planning Staff = 1 7. An 8 112" by 11" vicinity map locating the parcel within the City of Aspen. 8. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. This must be current (within one year) and signed by a surveyor. 9. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Please provide a written response to all criteria. 10. List of adjacent property owners within 300' for public hearing. Contact Ann Stark in GIS Dept. 920.5453. 11. Copies of prior approvals including alley vacations. 12. Additional application material as required for specific review. Notes: 1. No process deffied in municipal code for usage of public trail easement for access. Applicant has suggested petition to City Council for this approval through an application made to the City of Aspen Parks Department. 2. Planner suggests applicant submit one copy for initial completion review prior to making additional copies. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future and upon factual representations that mayor may not be accurate. The summary does not create a legal or vested right. l 'SNOISIA:olll ZOOZ l!.dV 01 J.33HS ':olJ.va >- ~ ,~ w c. W 0 -I <[ I"""'. u C/) :J: . 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JACKSON HOLE SALT LAKE CITY. SANTA FE 600 EAST MAIN STREET ASPEN, COLORADO 81611-1953 TELEPHONE (970) 92503476 FACSIMILE (970) 925-9367 THOMAS J TODD ttodd@hoIJandhart.com January 17, 2002 VIA HAND DELIVERY Joyce A. Ohlson, Deputy Director Aspen/Pitkin Community Development Dept. 130 South Galena Street Aspen, CO 81611-1975 Re: The Mona Frost Trust Property Dear Joyce: As a follow-up to our meeting of earlier this week, I have compiled a tab book containing all ofthe documents I have assembled on the history of the right of way vacations and adverse possession materials affecting the Mona Frost Trust property (the "Frost Property"). These documents, together with a number of maps, plats and surveys, are contained in the tab book which accompanies this letter. Here is an overview of the situation: 1. The Frost Property is shown on the Improvement Survey (see Tab 1). The Frost Property was first platted in the 1880 Aspen townsite map (see Tab 2). The townsite map split the Frost Property into two unequal portions (what we referred to during our meeting as the "Front Portion" - Lots H and I - and the "Rear Portion" - Lots D and E). The Front Portion and the Rear Portion are not contiguous because they are separated by the alleyway serving Block 71. 2. A single family residence was constructed on the Front Portion of the Frost Property and the historic barn was constructed on the Rear Portion. The 1896 Willits map (see Tab 3) shows the approximate location of the footprints of these two structures on the Frost Property. 3. The Rear Portion of the Trust Property was augmented by a metes and bounds parcel (the "Triangular Parcel") consisting of 1,438 square feet ofland. The Triangular Parcel was acquired by the Trust in settlement of an adverse possession claim that dates back to the construction ofthe historic barn on the Rear Portion ofthe Frost Property (see Tab 4). r-" r) ,,./ HOLLAND & HARTLLP ATTORNEYS AT LAW Joyce Ohlson, Deputy Director January 17, 2002 Page 2 4. In the early 1950's, the red brick school building was constructed on Block 64 and a portion of Block 71. As part of this process, the City of Aspen vacated the portion of Aspen Street between Block 64 and Block 71 (see Tab 5), although the alleyway in Block 64 and Block 71 was not vacated at that time. It was not until 1978 that the school district obtained the vacation of the alleyway serving Block 64 and a portion ofthe alleyway serving Block 71 (see Tab 6). At about the same time as the vacation of Aspen Street and the alleyway serving Block 64 and a portion of Block 71, the school district granted a 20' wide strip ofland to the City of Aspen along the easternmost portion ofthe red brick school property (see Tab 7). The 1953 deed to this strip of land contains the following statement: This deed is executed and delivered in consideration of, and in accordance with, the terms of an agreement whereby the party of the second party [the City] agrees to convey to the party of the first part [the school district] that part of Aspen Street running northerly from Hallam Street to the City limits in the said City of Aspen for the purpose of constructing additional school buildings thereon and for no other purposes. This 20' x 100' strip of land is adj acent to the Prost Property and underlies what is now referred to as "Sheeley Boulevard." The above quoted language clearly evidences the fact that the City and the school district were swapping one right of way (Aspen Street) for another (the 20' x 100' strip ofland). The locations of these right of way vacations and "Sheeley Boulevard" are shown on the Aspen Arts and Recreation P.D.D. Plan (see Tab 8). 5. In previous correspondence exchanged with Jolm Worcester (see Tab 9), I informed J olm that it was my conclusion that the easement for Sheeley Boulevard should be deemed the legal (and practical) access to serve the Rear Portion of the Prost Property. This conclusion was based on the plain language in the 1953 deed from the school district to the City as well as an analysis of the Colorado public right of way vacation statutes in effect in 1953 as well as in 1978. The sta.tutes provided that a municipality could not unilaterally vacate a street or alleyway and leave a property owner landlocked. Therefore, as part of these street and alleyway vacations, some new access had to be established to provide the Rear Portion of the Prost Property with legal access. This was accomplished by the 1953 deed. 6. In 1977, the Trueman Neighborhood Commercial Project (where Clark's Market and the Post Office are currently located) was approved by the City of Aspen. As part of that application, an existing conditions map was filed in the real property records with a plat note that showed the location of the historic barn on the Rear Portion of the Prost Property (see Tab 10). ,1"""\ HOLLAND & HART LLP ATTORNEYS AT LAW Joyce Ohlson, Deputy Director January 17, 2002 Page 3 It also showed some encroachments on the Charles B. Evert property (which later became the Susanna E. Reynolds property) located next door to and just east of the Prost Property. The plat note said that "All apparent encroachments pending quiet title decree." As best as we can determine, James R. Trueman (the developer of the Trueman Neighborhood Commercial Project) did not initiate or follow through on any quiet title proceedings to resolve the adverse possession claims associated with these encroachments. ll).stead, in 1978, he conveyed the area covered by the Reynolds encroachments to Susanna E. Reynolds (see Tab 11). This property thus became a part of the Reynolds property and was added to the tax roll as part of the Reynolds property. Unfortunately, there was no record of Mr. Trueman making a similar conveyance to the Prost family. Mr. Trueman died and his estate was closed prior to the disposition of the encroachment issues affecting the Prost Property. 7. The Trueman family subsequently sold the Trueman Neighborhood Commercial Project to Puppy Smith, LLC and Puppy Smith, LLC subsequently by quitclaim deed conveyed the Triangular Parcel to the Trust (see Tab 3). This conveyance resolved the adverse possession claims arising from the encroachment of the historic barn onto Lot 4 of the Trueman Neighborhood Commercial Project. 8. The Trust did not make an application to the City of Aspen for a lot line adjustment to confirm the conveyance of the Triangular Parcel, instead relying on the exclusions from the definition of "subdivision" set forth in the Aspen Municipal Code for conveyances associated with quiet title proceedings. (See definition of "Subdivision" and exclusions therefrom in Section 26.104.100 of the Code.) While there was no court issued quiet title decree involving this matter because the adjoining property owner voluntarily conveyed the land that was the subject of the adverse possession, from a practical standpoint, we see no reason why the City of Aspen should challenge the appropriateness or validity of this conveyance. The act of adverse possession of the Triangular Parcel took place many decades ago, well before the City of Aspen adopted its land use regulations pertaining to subdivision approvals and, of course, the City of Aspen was aware of the situation as far back as 1977 when it approved the Trueman Neighborhood Commercial Project. There is also a precedent for this established by Mr. Trueman's 1978 conveyance of the encroaching area on the adjoining Reynolds property. Prom an historic preservation standpoint, we do not believe that the City of Aspen would want the historic barn on the Rear Portion of the Prost Property to be compromised by disputes over ownership of the land underneath it. As the history of platting and right of way vacation proceedings show, the Pront Portion and Rear Portion of the Prost Property are separate and distinct parcels, separated by the existing unvacated alleyway for Block 71, and the Triangular Parcel acquired from Puppy Smith, LLC HOLLAND & HARTLLP ATTORNEYS AT LAW Joyce Ohlson, Deputy Director January 17, 2002 Page 4 confirms fee simple title ownership of the tract ofland on which the historic barn has been located for many years. Based on the foregoing, we request that the City of Aspen approve and acknowledge the composition of the Frost Property as currently shown on the Improvement Survey for the Frost Property. I trust all this information will assist you in your review ofthe pending land use application. Should you need additional information or wish to discuss this further, please do not hesitate to call Stan Clauson or me. _}:re1Y' ,1 n () ThOJ: ~; of Holland & Hart LLP TJT:sm Enclosures cc: Lori Hamilton Ken Roth Stan Clauson 2894317 _1.DOC