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Home My WebLink Aboutcoa.lu.ec.Nolan Lot Split A016-99 2735-124-21005 ,-, ,-, CASE NUMBER A016"99 PARCEL ID # 2735-124-21005 CASE NAME Nolan Lot Split PROJECT ADDRESS 308 North First Street PLANNER Chris Sendon CASE TYPE Lot Split OWNER/APPLICANT William C. Nolan REPRESENTATIVE Stan Clauson DATE OF FINAL ACTION 4/26/99 CITY COUNCIL ACTION Ord. 9-99 PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED 3/6/00 BY Chris Sendon " - " ~~ / / \ , pORCELlO' -,'-... "" 2' -," ... ..:. .t. '::.1- ,t.. _ .."..:: CASE NAME~NCI"" :.Cl SO", P,ROJ ADD~:r3C~ f\:::1h F ~s:: St~co?: DAT'E RCVD:l? 17 9, ~ COPIES:P-- CASE NOV~'€ ~;; ~UIR:l eJ,....W) CASE Tvp:l! ot Sp': STEPS:I FEES OUE:II'1:) j. , I;;:; (;. + 100 .". REFERRA4sj FEES RCVD~' ,,:;:: PHNl'2" 'ro" .,::. ,,'-..,)..!.', PHN' :,~i!5-2323 : STAT: r OWNIAPP: VJllllar:-: C NoliJ;' REP:: S:~l- C"a;.;son , AOR JG3 N 'i,s: So'e.: ':ADR: :;::.J E "Jam S~.t:.ct CIS/Z: A.c..' CO 81;;', C/S/Z: As::." CO ,)1(;'1 N1TG DATE I <1. \7.... I ~.l REF1 BY] REV BODY PH NOTICED Cc.. rr'l '( Ct. Li:.. 1 c li....~, . l J DUE:! BY:! ~lM PLAT IBK.PG):l 5/) DATE OF FINAL ACT~ION: CITY COUNCIL:~ PZ: BOA: I ORAC: ~z: AOMI,N:I "'1-.'l~ ~'" ' REMARKSl CLOSED:I3.C"OQ PLAT SUBMITO: ] ~ t;b 7b 18 (i:x-.~ 4'?~'~ ~ I I , , , I I II , .,. ,,~tu, ,jfj1 ........~iJl~0.;LcJ...::i'1?'l._\F-:_.._.____ ..."'- --,. iil .,.:1 ,1Y~,."'" .~.~"... ... " i~':t'''ni, -;- i.-.-..-....-.--~~~:=~-1. .. -,~~.~Ji7L.,..~.p:-.T~~b~--.-..-.------ . '.',,' ,~: ~<fove--l O:!8'\J ~ ~~b{ev.\~,- ...(e~~~*'...~...... '. ~~. "'~::6AorOG.~~_~. Gt: c-A '.'~""""" .... ~.._CQ'\.s\~... .C?lcJrz.M\I~c.\...... 111' ': l td---~ ,i d ...............'t!>.~ J!:- ~\lh~ '::'"e;h.~c:,~jA,@.. .. ,I V .~ -, . ........._~t\'<,~.,.. W1~~~............... :1 :j~i\\ ",kAt." ! I> ~u.r~ ,.~J. N.... .....,___,......._.....,....._."....." ili J~~~~..:--bM' ......... "e~;"'b2.. "",.,-k":",L ~~ aJ~ ...J~~~~~ " :,)+ '''', ,I "I " .-r- o-A : 1'---1.1- \. ':1 : -{" ~.~~_<5t-:<d.~.Is:- "",~J- ~... ~..~.. Cl:c.. _~~..J,...':c..-M\}r.,.e.. dj , , , t'f\'-I~~ ...... .(OileMb"'tz.. .. ~y,,~~4<{.~~4w.,.W-J.e~~4ht-e.... .. V\ClII-c'Q".. tn.,"",,*, tL , i......-t'\.I ,,_, L:L.~._".. ,./ ~ I " " , ;;1 I ':T , '! i :,(")~ ..;,J~_. ::i "~I I'! ;~. -.-""- t:~"l".r.,,,_. 11\ ',I 1'1 i.1 ..,....~.~. .~.. .~~....c;.~+~'7~.. _U... '- d! _ " ~ ......~.....~.....rr~... IUd".. ..~ ;:,-c;..~,...:.'1"'Sc . j)~s~l~~e~i. ~~'.. ;!! t./ V--j"" ,:_~t -....J ::i J..:i il! . \\\\ -\ -- 1= \ 'lf~: /' i: ...~ .. w TO: TIIRU: FROM: RE: DATE: r'\ ^ MEMORANDUM Mayor and City Council Amy Margerum, City Manager John Worcester, City Attorney ~ Julie Ann Woods, Community Development Director, _ Joyce Ohlson, Deputy Director, - Christopher Bendon, Planner ct.AW) Nolan Lot Split - 308 North First Street Ordinance No.9, Series of 1999, Second Reading and Public Hearing (continued from April 12, 1999) April 26, 1999 SUMMARY: William Nolan has applied for a Lot Split to divide his 12,000 square foot parcel into two 6,000 square foot Lots. The property is located at 308 North First Street and is currently developed with one single-family residence, There are portions of the house which rest on the proposed lot line. The Lot Split provisions do not require a house to be demolished prior to application for a Lot Split. Staff has suggested, as a condition of this approval, requiring conformance with the new lot line at the time of actual development. Staff has provided the analysis requested by the City Council below, Staff does not recommend any special provision be required for the existing trees as the existing tree Ordinance provides sufficient protection and requires adequate mitigation. Review of historic maps and inspection of the house show that the original form, including portions of the exterior walls, roof, and some trim and other detailing are intact, however the historic character of the house has been significantly compromised through numerous renovations, Staff requests direction as to whether Council wishes to initiate an application to re-list the house on the historic inventory. 4'- \ Staff recommends City Council adopt Ordinance No.9, Series of 1999, upon second reading. MAIN ISSUES: During the public hearing City Council asked staff for further analysis on two key issues: The history of the existing house and the significance of the trees. History. The City's historical file indicates this house was originally built in approximately 1887-8. This file, attached as Exhibit C, also describes the architectural integrity, modifications, and importance of the building, As the file reports, the house is illustrative of Aspen's modest family lifestyle during the mining era but has been substantially compromised with the renovations and additions, 1 , '. ~ ;-., The property was included on the City's original "Inventory of Historic Sites and Structures," which was completed in 1980. Subsequent to listing, a series of alterations were made to the building which HPC did not have review authority over. When the Inventory was reviewed and updated in 1991-1992, it was decided that the alterations had destroyed the historic significance of the building and it was deleted from the list. Attached as Exhibit D is a letter from the then owner, Katherine Levitz Lee, and a copy of the HPC minutes from March of 1992. This letter requests the house be de-listed in consideration of the alterations, The minutes reflect the Board's discussion and acknowledgment of the changes to an already low rated house. The minutes from the next public hearing do not include a discussion about the Hallam property although staff had recommended the house be de-listed. The HPC Resolution passed and City Council Ordinance No. 34, Series of 1992, which de-listed the property, was adopted, The City Council minutes from the adoption hearing do not include any specific discussion of the subject property. There are elements of the house that rest on the proposed lot line. These elements, however, are recent additions and do not contribute to the historic qualities of the structure. The Lot Split provisions do not require the house tobe demolished prior to the creation of the lots. Staff has suggested a condition requiring conformance to setbacks at the time of actual development. At this time, the recent additions will need to be removed for compliance with the newly created side yard setback. Some question regarding the original house's footprint have been raised. The "core" of the original house exists approximately 2 Yz feet from the proposed lot boundary while the setback requirement is 5 feet. Compliance with the side yard provisions can be , accomplished be either seeking a zoning variance or designing the lot line to provide this 5 foot buffer. Submitted as Exhibit E is a letter requesting the side yard setback be treated as an existing non-conformity based on the manner in which the structure was developed. The side yard condition is presently conforming and there is no existing non-conformity to be maintained. The Lot Split provisions do not allow for proposed non-conformities to be created and staff does not recommend the suggested condition be included. The 1904 Sanborn Fire Insurance Map, attached as Exhibit F, depicts two houses on two individual lots for the subject property, The subject house, designated 124 West Hallam, indicates H. A. Brown as the occupant. According to the Aspen Historical Society, Harry Brown, the brother ofD.R.C. Brown, moved here in the 1880's and became the timekeeper for the Aspen Water District. The 1908 City Directory lists Harry Brown living at 126 West Hallam. The house still exhibits some of the original form, Attached as Exhibit G is a front elevation ofthe building showing the original cross gable construction and roof detail common to the era. This exhibit also demonstrates the obvious alterations that have been made, The chimney stack on the front fayade is not a historic typology and the turret is clearly a later addition. The effect of these alterations is significant in that they complicate the viability ofa true restoration. 2 fC\.~J '2..~ ~o\ 0 '. 1"""\ ~ In summary, the house may still have some historical merit and could be considered for inclusion on the City's Inventory. With additional analysis and review by the Historic 4.( ~;-( Preservation Commission an informed recommendation can be presented. If instructed by the Council, an application will be initiated to consider including this house on the Inventory . Trees, There, are several smaller trees and two large Spruce trees which are located in close proximity to one another within the development area of proposed Lot # 1. The attached site plan, Exhibit H, describes their location. The two Spruce trees exist within the current development area of the undivided parcel. The applicant has met on-site with members of the City Parks Department to discuss the possibility of relocating the trees. The majority of these trees can either be moved to other locations on the property or are outside of the development area. The two Spruce trees could be moved together, though one would probably not survive the relocation. In this case, the Parks Department prefers the applicant select the smaller of the trees, as it appears to be in better health and has developed with a preferred form. There also exists a Ponderosa Pine in poor health which may be removed, A memorandum from the Parks Department is attached as Exhibit I. The tree replacement Ordinance addresses situations where trees exist within the development envelope of a parcel and requires an appropriate amount of mitigation if a relocation is not possible or is not successful. Furthermore, the criteria for evaluating Lot Split applications do not readily support the application of specific tree protection conditions beyond the more general City-wide Ordinance, especially when the tree is not additionally threatened by the land use action. (The trees are presently in the developable area,) These trees, and the driplines, exist in the primary developable area of the new lot. (See site plan, Exhibit H.) Restricting the development in a manner to avoid the trees would significantly affect the lot owner's development capabilities. Staff does not recommend Council specifically restrict the areas for development further than the prescribed zoning setbacks. Re- Oeu-Cl.. SklC.{:t~ A member of the City Parks Department will be in attendance during the public hearing 6 to address specific questions members of Council may have regarding the trees" ,Staff has included a condition requiring development on either lot to comply with the City's tree preservation Ordinance. APPLICANT: William C. Nolan. Represented by Stan Clauson Associates. LOCATION: 308 North First Street ZONING: Medium Density Residential (R-6). 3 " ,.....,." ~. LOT SIZE: Existing: Proposed: FAR: -c:: Current Allowable: I ;,~; Proposed Allowable: ,3,240 I 12,000 square feet. Two lots of 6,000 s.f, each. ~~PV 'hS~0&' . ,f. for a single family residence or 4,260 s,f. for a duplex. .f. for each lot (single-family only). CURRENT LAND USE: Single-Family residence on one parcel. PROPOSED LAND USE: Single-Family residence and one vacant single-family lot. PREVIOUS ACTION: City Council considered this land use application on April 12, 1999, and continued the public hearing to this date. Additional information concerning the site's history and the significance of the existing trees was requested. REVIEW PROCEDURE: Lot Split, City Council shall approve, approve with conditions, or deny the application at a public hearing pursuant to Section 26.88. STAFF COMMENTS: The existing house resides on the proposed property boundary, This is a typical scenario which the land use code recognizes by not requiring the structure to be demolished prior to applying for a Lot Split. To remedy the encroachment, staff typically recommends a condition of approval requiring both Lots, and associated structures, to comply with zoning at the time of actual development on either Lot. In this case, at the time of development on either Lot, the existing house would need to rest entirely on proposed Lot #2 and within the new setbacks created by the new lot line, Existing encroachments, such as the existing carriage house, are grandfathered and are not required to be remedied. This is because the non-conforming status of the structure is not affected by the land use action, In fact, the land use action reduces the side yard setback requirement and reduces the extent of the non-conformity, RECOMMENDATION: Staff recommends City Council adopt Ordinance No, 9, Series of 1999, upon second reading, This Ordinance contains the following recommended conditions of approval: 1. A Lot Split Plat, meeting the requirements of Section 26.88.040(D)(2)(a)(I), shall be recorded within 180 days of the adoption date of this Ordinance, The plat shall indicate all easements of record, property comer monuments, existing structural non-conformities, existing trees including those in the alleyway, a five-foot-wide pedestrian usable space located 7,5 feet from 4 .. ,-., ,~ the property line with a 5 foot buffer for snow storage, and note encroachments on public rights- of-way and the respective encroachment licenses. 2. The lot split plat shall exhibit two lots in conformance with the R-6 Zone District regulations and shall include the following requirements of this Lot Split as plat notes: . Upon development of Lot #1 or redevelopment of Lot #2, both lots, and the associated structures, shall comply with the R-6 Zone District provisions with respect to the newly created lot boundaries and setbacks, Existing non-conforming accessory structures may continue to the extent that the new lot boundaries do not increase the element's non- conformity, . The developer of each Lot shall seek an exemption from GMQS pursuant to Section 26,100,050(A)(2), as amended from time to time. 3, A tree removal permit from the City Parks Department shall be required for the removal or relocationpftrees as per Section 13,20.020 of the Code, as amended. There shall be no excavation or storage offill materials within the tree driplines, 4. Prior to applying for a building permit, the applicant shall complete a tap permit and shall pay all connection charges due to the Aspen Consolidated Sanitation District. 5. A building permit application for each Lot shall contain a drainage report and a drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction, If a ground recharge system is required, a soil percolation report will be required to correctly size the facility, A 2 year storm frequency should be used in designing any drainage improvements, 6, A building permit application for each Lot shall contain a recorded agreement to construct sidewalk, curb, and gutter, and a recorded agreement to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment formula. 7. All material representations made by the applicant in the application and during public meetings with the Aspen City Council shall be adhered to and considered conditions of approval, unless otherwise amended by an entity with the authority to do so. RECOMMENDED MOTION: "I move to adopt Ordinance No.9, Series of 1999, upon second reading." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Comments Exhibit B -- Vicinity Map Exhibit C -- Historical File, City of Aspen Exhibit D -- Letter from 1992 Home Owner and HPC minutes Exhibit E -- Letter from applicant Exhibit F -- Sanborn Map Exhibit G -- Front Fas:ade Drawing Exhibit H -- Site Plan Exhibit I -- Parks Department Referral 5 ,,-.,. 1""\ Exhibit A Nolan Lot Split City Council shall exempt a Lot Split from the provisions of Subdivision if the following conditions are met: A. The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969, Staff Finding: The parcel consists of four original townsite lots and was not created by a Subdivision. B. No more than two (2) lots are created by the lot split, both lots confonn to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26,1 00.050(A)(2)( c), Staff Finding: Both proposed Lots confonn to the R-6 Zone District. The existing house may continue to exist on the newly created lot line until such time as either lot is developed. At such time, the existing house shall confonn to the new setback requirements established by the new lot line and the FAR requirements of the reduced lot size. This shall be noted on the final plat. Both Lots are required to mitigate for affordable housing pursuant to Section 26.100.050(A)(2)(c), as amended. This has been included as a condition of approval and shall be noted on the final plat. C. The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this chapter or a "lot split" exemption pursuant to Section 26.100,050 (C)(3)(a); and Staff Finding: This property has not previously received a Subdivision Exemption. D. A subdivision plat which meets the tenns of this chapter, and confonns to the requirements of this title, is submitted and recorded in the office of the Pitkin County clerk and recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable !~, r-- approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.100. Staff Finding: A Lot Split Plat shall be recorded within 180 days of the adoption date of the Ordinance. This plat shall depict two Lots in conformance with the R-6 Zone District and shall include the following plat notes: · Upon development of Lot #1 or redevelopment of Lot #2, both Lots, and the associated structures, shall comply with the R-6 Zone District provisions with respect to the newly created lot boundaries and setbacks. Existing non-conforming accessory structures may continue to the extent that the new lot boundaries do not increase the element's non-conformity, · The developer of each lot shall seek an exemption from GMQS pursuant to Section 26.1 00,050(A)(2), as amended from time to time, E. Recordation, The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause, Staff Finding: Staffhas included this time requirement as a condition of approval. F, In the case where an existing single-family dwelling occupies a site which is eligible . for a lot split, the dwelling need not be demolished prior to application for a lot split. Staff Finding: The existing house is not required to be demolished. Staff has included a condition requiring both lots to conform to the R-6 Zone District regulations at the time of actual development on either lot. G. Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home, Staff Finding: Due to the lot area (density) requirements of the R-6 Zone District, the build-out potential for each 6,000 square foot lot is a single-family home, .. ! ...1'1&11 - '''. "', " .' ~\\;,t. ~ \I\t{~\'1 ~ t-1~ lJ. ~~\b ,''', .. I ., , , ' ;(.n-f-IE\" 1 It: C I.---L .' l:C~C-] J:.~~' HISTORIC ARCHITECTURAL BUILDING/STRUCTURE FORM ,.....", ~.~ ~"- L4.i~~ 3-/8--YJ-.. state site-Number: Photo Information: Local Site Number: ASP-F-26. 27 & 28 124.WH Township 10 South Range USGS Quad Name Aspen 85 West section Year 1960 12 x 7.5' 15' Building or Structure Full Street Address: Legal Description: Name: 124 W. Hallam House I M.V. Chamberlin House 124 West Hallam Lots E1/3. L. M City Aspen Historic District or Neighborhood Owner: Private/State/Federal Owner's Mailing Address: County Pitkin Name: Hallam Lake Historic District ARCHITECTURAL DESCRIPTION Building Type: Residential Architectural Style: * Dimensions: L: x W: = square Feet: Number of stories: 2-Storv Building Plan (Footprint, Shape): Irrecrular with southeast corner turret (e.2) Landscaping or Special Setting Features: None Associated Buildings, Features or Objects Describe Material and Function (map number / name): Northeastsinale-aabled aaraae: clap- board: with aabled end verae board: center north: sinale-aabeled clapboard out buildina, same as other: northwest aaraae: sinale-aabled with side dormer. clapboard. wood scalloped shinales at aable ends and cutout verae board For the following categories include materials, techniques and styles in the description as appropriate: Roof: Cross-aabled with hipped turret. with brackets and ainaerbread trim at eaveline: wood shinales Walls: Clapboard with fishscale at aable ends Foundation / Basement: Unknown Chimney(s): New: south center. corbelled brick Windows: 1st storv: vertical fixed liaht: 2nd storv, west 2 hipped aable dormers: 2nd storv tvoical one-over-one double huna with shutters and decorative lintel: turret: decorative panels. brackets and dentils Doors: South (old front?): 4 panel West (new front ?): pair 1/2 liaht cut alass with larae transom and side liahts Porches: Shed roof, west side with scruare posts with brackets on sandstone wall base 11 General Architectural Description: Retains ori inal character but ~ porch has been enclosed. fireplace re 0 a e w1th new masonrv. steep pitched roofs of front aable and cross aable with lona ~rrow w~ows. verae board decoratina the aable is simple. but has detail standard horizontal clapboard of 1890's: larae 1987 turret dramaticallv alters massina ~ ,--. Page 2 of 2 state site Number Local site Number 124.WH .---.. FUli'CTION Current Use: original Use: Intermediate Use: Residential Residential ARCHITECTURAL HISTORY Architect: Unknown Builder: Unknown Construction Date: 1887-88 Actual Estimate _ Assessor Based On: { HODIFICATIONSAND/OR ADDITIONS Minor ___ Moderate Major Describe M dificatio and Da~e: 1980 ~ - Addit ons and Turret. 1987: west caroort Date renovated in 1967 on to NATIONAL/STATE REGISTER .ELIGIBILITY AND CRITERIA Is listed on ___ National Register; state Is eligible for ___ National Register; state Meets National Register Criteria: ABC Register Register D E Hap ~ Local Rating and Landmark Designation Significant: Listed on or Contributing: Resource architectural integrity. Supporting: original integrity lost due however, is "retrievable" with substantial Locally Designated Landmark Justify Assessment: I I I_I D. is eligible for National Register has maintained historic ot o to alterations, effort. f Associated Contexts and Historical Information: The sianificance of this residential structure historicallv is not of those who owned it or lived in it. nor of its architecture. althouah this structure is reoresentative of Asoen's earlY minina era. This modest structure is of historical imoortance bY illustratina the familY/home environment and lifestyles of the averaae citizen in Asoen which was dominated bY the silver minina industrv. Other Recording Information Specific References to the Structure/Building: Pitkin County Court- house Records: Sanborn and Sons Insurance Maos Archaeological Potential: ___ (Y or N) Justify: Recorded By: Date: March 1991 Affiliation: Asoen Historic Preservation Committee - City of Aspen Project Manager: Roxanne Eflin. 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Ilft~tf'/tU7 ~oA14.. ~ 4cm,e- ~ocJd .J~ ' />>lO/~ / It I~/~ tJftf t&., l1e/5! !xJf'~c:I c2d UOJ€.. -# alhr cuuI ~~I'e w;~ Ov "t//c/b,(b4/! 9iAt/O~ ~ a/l e;/cI s/e/I I, 1/. I' 11 .L., I II ImM..! A.i ,. r: t2., /7 e<</ /I/-e.c - VI' 'CTZl,K./CZ;t to tJd-<a. A..hr{' or A"J'~~ '/,me~ CJ e<;; j 1147i'c>r; , &,,'-L;' ~11~k)tJ/l,' ~~, j/d s~~d ~<-d-;/ 4~'/ J<lUJ-' ia/ ~W!e..J j:f- t?~ J e t'//t'/' ~$" .. ~ hOtl5L- aJJ saIJ7J. 51' -I!d ~ Ole. _ /l 0 i;.,t,R /cd '7if!1,~/C~-e;Z./~!!..[:- Of:.._ _/& klHt- Ie#" /1rrv-<v~ t//'>lke.. ..E>"/M e er d~.r ::5"tV/""",dJi bit'! "'/h-'L> (JI/I/I4.4n o,e d:~sf 51?e E) c1T~~. ~'o ::-J. - f>otLJj;ftL.-I':~/!i.4JA/C/-::r -mtl& o~~eI( -m tofJ'J ~d tUods- tvell~ jf!/ tJ1t.ll/.fe,~/e.- Xef b!elt/s- !Jet! tu/Yi Y1-SJ ' fJ//djtJti.oocl%~etJ~ C( /J~~ c;c,/!Slruc/e4. Jo,Wlt:... hl1f a.6'sokd~ M /;skl'aL/ s7j)1!5;caAe-e-. ad>r ' UJou/J be- JII~~/I~ -p, d557tAr1e- /1- ~/~_..L- d e.. ~ 7Yf ~fi!#I'- 9'~4i'0;1.> tJj,C/t j€u~ t>f:fle.<( 'fie, Itls-h$/J /A~r"? oY'//~ 0Hte.., ~~~~/ ~~, . NOI7LI~ e,e,lt f n V ~/'T II JI'1<<-V, O{&f/'lI(S - Co/lit t~/t!t5 ftcl.k! 1 q 13 tjf 19;z-. ,t! (; ft...ftA'OP- u)/I'<5d-R4d',o'I/J V (j1t/1'YW~ - /f/,i " , HISTORiC ARCHITECTURAL BUXLDING/STRUCTU1Ul40RK 6f;1l/1/Z!f! , ~~hs state site NUlDber: Local site NUJDber: 124.WH Photo Information: ASP-F-26. 27 & 28 ... ~ Township 10 South Range USGS Quad Name ASDen 85 West section Year 1960 12 x 7.5' 15' Buildinq or structure Name: 124 W. Hallam House / M.V. Chamberlin House Full street Address: 124 West Hallam Legal Description: Lots El/3. L. M City Asnen Historic District or Neighborhood OWner: Private/state/Federal OWner's Mailing Address: County Pitkin Name: Hallam Lake Historie oistriet ()-I..lJ11J..tt6 ~ 1 .. NW ~j 1Yl1Y; ]'1 ( #~~ k~ I J1 " '/--I-t,.; ~fn ,i!'1:c:. .~ ","", ,~ ... Page 2 of 2 J'llHC'lION current Use: Original Use: Intermediate Use: Residential Re~idential on to D'l'IOIIAL/Sftft REGISTER ELIGIBILITY UD CUftIUA _ Is listed on _ National Reqister; _ state Register , _ Is eligible for _ National Register; _ state Register Meets National Register Criteria: A _ B _ C _ D _ E_ Significant.: , Listed on or is eUqible for Nat.ional Register Contributlnq: Resource has maintained historic or architectural integrity. SUpporting: Original integrity lost due to alterations, however, is "retrievable" with substantial effort". ___ Locally Deslqnated Landmark Justify Assessment: Hap Ie... 1=1 A Local Rating anCl LanClmark Desiqna-t:!.on o o f ArchaeolofJical Potential:_ (Y or N) Justify: Recorded By: Date: March 1991 Affiliation: As~en Historic preservation Committee - citv of Asnen Project Manager: Roxanne Eflin. Historic Preservation Officer/Planner ,-, -, Historic Preservation Committee Minutes of March 18, 1992 the neighborhood character there are two new huge structures near by and then you have the Holiday House and across the street from the Holiday House is the Molly Gibson Lodge and those are virtually next door to Mrs. Day's house. I don't think there is a community character left and do not feel the house is old enough to qualify. It has no architectural significance at all. Roxanne: Our form indicates that the property was built in the 1880's or early 1900 hundreds. Age is not the limiting factor for being on the inventory. There are buildings built as late as 1952 that are on the inventory. Tam Scott: The house is non-descript and basically falling apart. It has leaks etc. Bill: Do you know of any work that has been done since the last time we evaluated this house? Tam Scott: I don't think any work has been done. Roxanne: This inventory has never been re-evaluated as you are doing right now. In 1986 numbers were applied to the existing inventory, they were not re-evaluated structures. I agree that the context in that area has eroded over time but there are numerous little houses in that vicinity that are important. Its overall contribution is to the character of the town. It is an example of a residential structure representative of a working class family of the mining era. Bill: We will take the information given to us and the members of the Board should drive by and look at the house taking everything that was presented here into account. t 124 W. HALLAH Catherine Lee, owner: In 1987 I came to the meeting when they were nUmbering the properties as you can see by the letter in your packet. Since then there has been more extensive work done. I also have the blue prints. I am opposed being on this list. The house has no significance in american history, architecture, archeology, engineering or culture. The integirty of the location, the design, setting and materials are new. The feeling that you are looking at was created by me. I added all the trim and all the details. Everything on that house that you see that looks victorian has been added by yours truly. There are no events associated with my property that has made it a significant contribution to the broad patterns of the history of Aspen. No one of historical significance has lived in this home. I created a victorian look with my artistic bays and these are my creations. 2 ",-.--../ 1""'\ -, /', I '; Historic preservation Committee Kinutes of Karch la, 1992 I would not be eligible to the historic register as the house has been changed 360 degrees. If you notice the Sanborn map shows the foot print of the present house. All private property owners have the right to object to be listed. The qualities have ceased to meet the criteria of the list. I have petitioned you in writing to be removed from this list and I do not wish to become legally responsible by being on the fraudulent list which my property causes due to lack of integrity. I went through the structure form and it is incorrect. Bill: Do you have pictures of what the house looked like before it was redone. Roger: I think the Stroh's added the glassed in porch and moved the fireplace. Catherine: The Taylor's did the kitchen and added a wing. There is not a corner on that house that has not been changed. Jake: What is this house on the inventory. Roxanne: It is the lowest rating. Jake: Is it retrievable? Roxanne: Barely, and it was given a 2 in the 1986 rating. In the 1980 rating it was the lowest which was notable. Bill: I feel all the committee members should site visit this property. Roxanne: Your final action takes place by a resolution the 25th of March. Between now and then you have to be thinking what action you want to take. It then goes to Council in an ordinance form. The public hearing for Council is scheduled for May 13th. Bill: Do you know the square footage Of-your floor area? Catherine: The main house has 3750 sq. ft. and there are two separate garages. Bill: Thank you Catherine for your input and we will take everything into consideration when evaluating. We will add your photographs to the file. 707 N. THIRD Carol craig: In my way of thinking, I didn't realize that you could just designate something an historical structure without the 3 ,-- ,-,. iN ClAUSON AsSOCIATES, lie Planning. Urban Design Transportation Studies Project Management Gc.~ '~ t- 200 EAST MAIN STREET AsPEN, COLORADO 81611 \ r TELEPHONE: 970.925.2323 FAX: 970.920.1628 E-MAIL: clauson@csLcom ~ Memo To: From: CC: Date: Re: Chris Bendon, Community Development Planner Stan Clauson Amy Guthrie, Community Development HPO 8-Dec-98 Nolan Lot Split-308 N, First Street RECEIVED APR 2 1 1999 ASPEN / PITKIN ..........."~,'r IMl'ry nF.\/FLookAr=,.1""" Preliminary historical research provided by Amy Guthrie indicates that a house existed on original Townsite Lots K and L of the present Nolan property, and that this condition existed until the early 1900s, Based on this, it would appear that the Nolan house originally constructed on Lots M and N prior to the, establishment of lot line setbacks, was located in a manner which Sec. 26,104.030 of the Land Use Code describes as a "nonconfonning structure: This section of the Land Use Code goes on to state that a "A nonconforming structure devoted to a use permitted in the zone district in which it is located may be continued in accordance with the provisions of this chapter.' The section goes on to state that the nonconformity may not be inaeasecl nor may it be continued if the nonconfonning structure is demolished and not restored within a period of 1-2 years, depending on the circumstances of the demolition, In the case of the original footprint of the Nolan house, no demolition has occurred, Nor can the lot merger activity of the 1970's which erased the original lot line be considered a "demolition or destruction" of the original nonconfonning structure. The original footprint retains its approximate 2 Yo foot setback from the property line separating Lots Land M, although the side porch addition presently conceals this original footprint. Based on this, the applicants, William and Elaine Nolan, respectfully request that this original condition be regarded as a pre-existing legal nonconfonnity which may remain when the property line separating Lots L and M' is restored through the proposed Nolan Lot Split. The applicants are aware that Section 26.88.03O(A)(2)(b) states that: "No more than two (2) lots may be created by the lot split, both lots confonn to the underlying zone district," The applicants do not believe that this provision applies to a pre-existing nonconfonnity of the original house on the site, Both lots will in fact conform to the requirements of the underlying R-6zone district in that they will be legal 6,000 square foot lots: one lot with an existing house restored to its original nonconfonning footprint on the West elevation, . Page 1 PLANNING AND DESIGN SOLUTIONS fOR COlvlMU~rTlES AND PRIVATE SECTOR CLIENTS ,-. .-""1 and one lot lht1ich can support rlfNI development lht1ere there once was a house until the early 1900's, The applicants believe that the inclusion of a condition for a plat note in support of restoring the original house footprint on the Westfa~ v.ould be a winning situation for all concerned. It would ensure that this existing older house, though no longer qualifying for the Historic Register because of changes made over the years, would be brought into doser confonnance with its original form and massing. The suggested condition v.ould read as follows: X. Plat note to read: Original house footprint to be retained on the West elevation as part of a pre-existing nonconforming structure, If you concur, I v.ould appreciate your induding this condition in your memo to City Council for their continued hearing of the Nolan Lot Split on 26 April 1999. I woUld be happy to discuss this request with you prior to the meeting, please give me a call at your convenience. . Page 2 ,.:7/J 0' iI pip _ ,. ,.Q,ld 'M II ",# o~p __=,=-===-=o::!!i:. =1'== =-- -- @'- -- - -===".....,.==--- . ~ I ,'" - -- =- =:a- =a. = = =.= = -: , --l zip ~ ~r~.t 'L l. V\\~\ r- r ~ ~ ,21. N~l:J " <c~ ... , :.... ~ I '" .... 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'-':;;~(~-i~~:~~t:-.Yf:iT1DN ':3 , \ \ I ~~Sl :2- ~ .~ ,--, ~~i~\~ H --i! NJp.\^- \.t ,,~\- CITY ~ TOWNS1 r~ O~ PITKIN COUNTY, COlc @ . ;:lliWIMlILi 96.1' "- "- \ I LOT A LOT , ~ 1 INCH . IOFEET / ""'''''' ,./"-" CO/t1'lE1t . " " .. CONTOUIt INTtltyA!. IS I FOOT 0." .f. ~IICllOA(Mlf;Nr ,,00 F - NO.4/tEBA' ;./."EOCA" LOT 0 Ct~ c~~, h.?S?, ~l..~ tV~~ (),(e(). w\~"1 ~ fo w~ve ~ ('JC\~~\t fvnJ ~ FRtw tDWI~iwa") . . f""".. .'1 Memorandum TO: Chris Bendon, Community Development FROM: Rebecca Schickling, Assistant Parks Director DATE: March 17, 1999 RE: Nolan Lot Split 'G<~;Pi}- 1 ~.~~ ~~Iv~ I met with Stan Clauson at the site February 3, 1999 to discuss tree issues on this site. There are numerous larger Cottonwoods just inside the property line that I told Stan would not be permitted to be removed becuase they fell within set back lines. This includes no excavation within the drip lines of these trees. The 10 inch Spruce shown on the plan I think is closer to 12 inches and the 12 inch Spruce shown is closer to 14 inches. However, I said the 12 inch (10 inch) would likely survive a relocation better than the 14 inch Spruce and that you probably couldn't relocate both trees. I also encouraged them to fmd a location on site to relocate any trees, And fmally, there is one 11 inch Ponderosa Pine that is in serious decline that would be allowed to be removed without mitigation being required. ..^--. r"""\ ~~hl .'~=:1l~~~ , 'Ut.\ -- a~~~. . ,~"-----b~J--,,~~, ~__6~J. ' __~..L)~ ~,c:;-k~__~. 1Y-e~~ h~~]' u('''10~. I ~, 4 ~C-J1v1~J YCvtv~ ~ . '-----'-- -=- ~eC6?, - ~.sC~ {f?k~~~~~__ ~l~ W~lit:- ' "., ,..-~_L___$.JL%d~ ~ (~cL~ov- l'^-~~~, . CJ.0-~.:::-_~r-t~l::-__~J..R. ,-,,-.-t <> ~_~..,L ~-j"",~,,___ O\,IW L-~-'--~~. ~---4>~~.t-0- . . -4-11-~~L rr-CDVc-Z-,-~. ~_:..._, :ct~..1Zk~ J IA\~J- WdU7L_~i1J.,f< - --~ ,~ ~ '.. ,~~ &--~ lV\./J,)d\~G) ~r~^n~~_,__~ t.J~- ~' v I . 'CD~""\\J'{-, 1"-14 -4v \.NZ$.!-\ C::e-.. .: ~,-__~-.i ~~__ . --==te.--.- ~(-(Q.S '- .,____ , --.--,-..,-..--.-:r.L--..,-=--..-~--~,--,-~~-=--~~~~h4--,,--..~-," "'\I" ~,'fI , ~ ~ MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager John Worcester, City Attorney rr Julie Ann Woods, Community Development Director . : Joyce Ohlson, Deputy Director ~ ' FROM: Christopher Bendon, Planner !f.r'\)0 ~ W- c:;~\~\- "'"\~'!,. dJJl.e,\\j)X-V 10 ~e {dJ.~'" ~\:> \ "- elf 't- . RE: Nolan Lot Split - 308 North First Street Ordinance No, 9, Series of 1999. Second Reading and Public Hearing DATE: April 12, 1999 SUMMARY: William Nolan has applied for a Lot Split to divide his 12,000 square foot parcel into two 6,000 square foot Lots, The property is located at 308 North First Street and is currently developed with one single-family residence. This existing house does exhibit some historic qualities but is not listed on the City HistoricJnventory. In fact, the property was removed from the Inventory in the late 1980's after several alterations were made to the house. There are portions of the house which rest on the proposed lot line, These portions of the structure, however, are recent additions and are expected to be removed to comply with the new lot line. The Lot Split provisions do not require a house to be demolished prior to application for a Lot Split. Staff has suggested, as a condition of this approval, requiring conformance with the new lot line at the time of actual development. Staff recommends City Council adopt Ordinance No.9, Series of 1999, upon second reading, MAIN ISSUES: The existing house exhibits some historic qualities but was removed from the Historic Inventory after some alterations in the 1980s. The applicant has indicated a desire to remove some of these additions, especially as they pertain to the proposed lot line. There are several smaller trees and two large Spruce trees which are located in close proximity to one another within the development area of proposed Lot #1. The applicant has met with members of the City Parks Department to discuss the opportunities of relocating the trees. The majority of these trees can be moved to other locations on the property, The two Spruce trees could be moved together, though one would probably not survive the relocation, There are no trees which are of such importance to specifically designate a building envelope or restrict the areas for development further than the 1 " r" ,-." prescribed zoning setbacks. Staff has included a condition requiring development on either lot to comply with the City's tree preservation Ordinance, APPLICANT: William C, Nolan. Represented by Stan Clauson Associates. LOCATION: 308 North First Street ZONING: Medium Density Residential (R-6). LOT SIZE: Existing: Proposed: 12,000 square feet. Two lots of 6,000 s.f. each. FAR: Current Allowable: 3,840 s.f. for a single family residence or 4,260 s.f. for a duplex. Proposed Allowable: 3,240 s,f. for each lot (single-family only), CURRENT LAND USE: Single-Family residence on one parcel. PROPOSED LAND USE: Single-Family residence and one vacant single-family lot. PREVIOUS ACTION: City Council has not previously considered this land use application. REVIEW PROCEDURE: Lot Split, City Council shall approve, approve with conditions, or deny the application at a public hearing pursuant to Section 26,88, STAFF COMMENTS: The existing house resides on the proposed property boundary. This is a typical scenario which the land use code recognizes by not requiring the structure to be demolished prior to applying for a Lot Split. To remedy the encroachment, staff typically recommends a condition of approval requiring both Lots, and associated structures, to comply with zoning at the time of actual development on either Lot. In this case, at the time of development on either Lot, the existing house would need to rest entirely on proposed Lot #2 and within the new setbacks created by the new lot line. Existing encroachments, . such as the existing carriage house, are grandfathered and are not required to be remedied. The portion of the structure which exists where the property boundary is proposed is a recent addition and does not contribute to the historic value of the house, This portion is expected to be removed to comply with the new setbacks and the reduced FAR of the smaller lot. Review criteria and Staff Findings have been included as Exhibit "A." A vicinity map is attached as Exhibit "B," A site plan has been included as Exhibit "C." The application has been included as Exhibit "0," RECOMMENDATION: 2 '. a/' ".~_.""""-'-""-'- "" "" Staff recommends City Council adopt Ordinance No.9, Series of 1999, upon second reading. This Ordinance contains the following recommended conditions of approval: 1. A Lot Split Plat, meeting the requirements of Section 26,88.040(D)(2)(a)(l), shall be recorded within 180 days of the adoption date of this Ordinance, The plat shall indicate all easements of record, property corner monuments, existing structural non-conformities, existing trees including those in the alleyway, a five-foot-wide pedestrian usable space located 7.5 feet from the property line with a 5 foot buffer for snow storage, and note encroachments on public rights- of-way and the respective encroachment licenses, 2. The lot split plat shall exhibit two lots in conformance with the R-6 Zone District regulations and shall include the following plat notes: . Upon development of Lot #1 or redevelopment of Lot #2, both lots, and the associated structures, shall comply with the R-6 Zone District provisions with respect to the newly created lot boundaries and setbacks. Existing non-conforming accessory structures may continue to the extent that the new lot boundaries do not increase the element's non- conformity, , 1/'NJ.'f' The developer of each Lot s~seek an exemption from GMQS pursu~t to Section 26.100,050(A)(2), as amended from time to time, . 3. A tree removal permit from the City Parks Department shall be required for the removal or relocation of trees as per Section 13.20.020 of the Code, as amended, There shall be no excavation or storage offill materials within the treedriplines. The building permit plans for each Lot shall indicate conformance with the City Streetscape Guidelines. Conformance with said guidelines shall be accomplished prior to issuance of a Certificate of Occupancy, Prior to applying for a building permit, the applicant shall complete a tap permit and shall pay all connection charges due to the Aspen Consolidated Sanitation District. A building permit application for each Lot shall contain a drainage report and a drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility, A 2 year storm frequency should be used in designing any drainage improvements, A building permit application for each Lot shall contaiI) a recorded agreement to construct sidewalk, curb, and gutter, and a recorded agreement to join any future improvement districts for the purpose of constructing improvements which benefit the property under an ' assessment formula. u,Vv-~~\ ~ ~t.J 5, 6. 7, 8. All material representations made by the applicant in the application and during public meetings with the Aspen City Council shall be adhered to and considered conditions of approval, unless otherwise amended by an entity with the authority to do sa RECOMMENDED MOTION: "I move to adopt Ordinance No, 9, Series of 1999, upon second reading," ATTACHMENTS: Exhibit A -- Review Criteria and Staff Comments 3 '. ,1""'\ Exhibit B -- Vicinity Map Exhibit C -- Site Plan Exhibit D -- Development Application ,1""'\ 4 .. . 1"""\ I & TOWNSI rE 0> I CI TY OLa PITKIN COUNTY, C ; . LOT A ......... 6.1' " " \ I , ~ i LOT 2'''ITMESS CO~NER ~ J.c:~f Cott,f'.q. ~ --- "",,", ~~ ~ .'''''''' ". \.u , ~T ~O~~:1l lEGeM 18129: ", V/~ : .-' ! 0 I ".., .' !! i . i " I 8 ~' LOT f.,. 6002t<l.FT. AllUO~I37~ ACIlES ./_ . (or ( , ~ i1 ~ . ~ 1"""\ g? ~ '.... '" . " . I.... " LOZ..~.,. ...EA.O.;37SACllUo'o ........ i1 I.'~ ~ ..~ "';.,.j~: I e fJ, ~ ':" ",~ go> ? \~~...~ ,..1( .. '..' "4Ii;,'.;' ,,_ \'0, "._ _.." ." ~ "m,co.,' / 3- ~.{)# ~, ~ 4,;.~\';i~'t:'~h dc:;J:o~/rE Ilo,o.,~'Ot. ,.."'.... J,f' ~'lfA~ ~'~, I "''''E '''''', """,,", :J:;t..,.,......~ q.,,~ ' ~"e fYot""" "" g..", ~f:;i~""l e ""UtJr ~ .trORI' ~~..~ ..." 2'.'THl!SS COlNElt "---------- I. ~s?' '* 17'4 ~.. 0... ..1' .. .,,/' U\'blbc.~ si~~ ~ ~~ \.4- Gr\\t. 0." .,. oa04CHll!NT cPo I' - '1to"c:r t". : ~""<lr I..t. -.or,. I..or N ",.J "'-' LOT 0 .. .. or.". IS.S_ EIlCJIOAOCS ~.,. .;. " . \, " I I \ t;--:-'5.. <Q \!!L ;Ct'l eLlV l'OC1'7'1lIo , !i ----- . WITMESS 2COtlME~Slt '18129' ,,\;rJNClI:E1E \ , ~ ~~ Attachment 8 County of Pitkin } } State of Colorado } ss, AFFIDAVIT OF NOTICE PURSUANT TO ASPEN LAND USE REGULATIONS SECTION 26.52.060(E) I, F.L. Stan Clauson , being or representing an Applicant to the City of Aspen, personally certify that I have complied with the public notice requirements pursuant to Section 26.52.060(E) of the Aspen Municipal Code in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid D,S. Mail to all owners of property within three hundred (300) feet of the subject property, as indicated on the attached list, on the 1 s t day of A p r i 1 , 199.2.... (which is ~ days prior to the public hearing date of A p rill 2. 1)9 9 9 2, By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the2 5 t hday of Mar c h , 199_, to the ..l1. ~y of A p r i 1 , 199..2......, (Must be posted for at least ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto, Signature Signed before me this lat" day of ~ 199,j,.by <+LSrAt-l ~u~,./ ~"'- k. <R.~-\)"1 \ WITNESS MY HAND AND OFFICIAL SEAL My Commission expires: 11-, eJ.Y ~ ii/.O"> I I!.;.;.--'--""V ~,_ Ie .Q~a.. Notary Public \ ) , ~ Ram81ey / Notary Public 0031 Eagles Nest Court Carbondale, CO 81623 loti Commission expires 11.24.2001 " , . ~ .. "',-,. -, Thom"s & Nocl Congdon - Trustccs Congdon Qualificd Pcrsonal Rcs Trust 1776 Lincoln Strcct, Stc, 1100 Dcnver, CO 80203 Joan Tobin J 850 K Strcct NW, Suite 380 Washington, D.C. 20006 Property Addrcss: 202 W, Francis Lcgal Description: Block 48, Lots R,S Schedule Number: 317 !'roperty Address: 210 W. Francis Legal Description: Block 48; LoIs P,Q Schedule Number: 1185 Maurice Tobin 1850 K Street NW. Suite 380 Washington, D,C, 20006 George Vicenzi Box 2238 Aspen, CO 81612 Property Address: 212 W, Francis Legal Description: Block 48, Lots N,O Schedule Number: 1338 Property Address: 201 W, Francis Legal Description: Block 49, LoIs F,G,H,I Schedule Number: 1123 Marybelle Robinson 2552 E, Alameda, Ste, #97 Denver, CO 80209 Beryl Arthur Erickson Mary Elizabeth Erickson Box 1207 Aspen. CO 81612 Property Address: 200 W. Hallam Legal Description: Block 49, Lots Q,R,S Schedule Number: 1 I 10 Property Address: 220 W, Hallam Legal Description: Block 49, Lots N,O,P Schedule Number: 439 West End Partnership, LLC 520 E, Cooper Ave, Aspen, CO 81611 L ~'-e,,,L<-<- ') Cre..f .......~ Esther Leonard De Vos Box 3238 Aspen, CO 81612 Property Address: 302 N. 2nd, SI. Legal Description: Block 49, Lots K,L,M Schodule Number: 805 Property Address: 316 N. Second SI. Legal Description: Block 49, Lots A,B,C Schedule Number: 845 John Cooper 1',0, Box 1747 Springfield. MO 65805 -<" (,,,-<;I;,~\. \ U-s>-e\"".-s. -Jc."""s Munday. Trust Number One 1',0, Box 1689 Auslin, TX 78767 Property Address: 2_ W. Francis Legal Description: Block 49, LoIs D,E Schedule Number: 569 Property Address: 201 W. Hallam Legal Description: Block 50, Lots G, H, I Schedule Number: 468 . , '..," PamC;'3 5nHlrt' 3351 Woodhaven Rd. AI/anla, GA 30305 ""'" ""'" Eslher Benninghoff 233 W. Hallam Aspen, CO 81611 Property Address: 229 W. Hallam Legal Description: Block 50, Lots East 23,36 Jeet lot D & west 13.54 feel lot E Schedule Number: 1363 Property Address: 233 W. Hallam Legal D=riptlon: Block 50, Lots A,B,C & West 6,64 feet Lot I Schedule Number: 120 William Lloyd Davis, Trustee Davis Living Trust 4924 Balboa Blvd, #489 Encino. CA 91316 Lesley Stevens Bruce Stevens 214 W, BleekerStreel Aspen. CO 8161] . Property Address: 200 W. Bleeker Legal Description: Block 50, Lots East 1O'lot P,Q,R,S Schedule Number: 1455 Property Address: 214 W, Bleeker Street Legal Description: Block 50, Lots East 10' lot N, lot 0 & west 2 lot P Schedule Number: 727 Phillip N, & Susan J. West 2114 Mt. Calvary Rd, Santa Barbara, CA 93105 Alderwoed Securities. L TO Sam Pacor Secoma 24 BD Princess Charlotte, Me 98000 Monaco Property Address: 2_ W, Hallam Legal Description: Block 50, Lots East 16.46' oflot E, F Schedule Number: 92 Property Address: 120 W, Francis Legal Description: Block 55, Lots N,O & P Schedule Number: 655 Aspen Valentine, LLC cIa Garfield & Hecht 601 E, Hyman Ave. Aspen, CO 81611 QP Manc1ark Residence - Trust William & Darlene Manc1ark - Trustees 313 E, Bay Front Balboa Island, CA Property Address: 410 N. First .. Legal Description: Block 55, Lots K & west 1/2 of L Schedule Number: 1025 Property Address: ,126 W. Francis Legal Description: Block 55, Lots east 1/2 lot L, M Schedule Number: 671 David Levy Times Square Bldg 45 Exchange Street Rochester, NY 14614 Jonathan Lewis Roberto Posada 4649 Ponce De Leon Blvd" #304 Coral Gables, FL 33146-2119 Property Address: 100 W. Francis Legal Description: Block 55, Lots Q,R,S Schedule Number: 815 Propert). Address: 414 N, First St. Legal Description: Block 55, Lots A,B,C,D,E,F,G,H,! Schedule Number: 8009 " . -;-. ...., ,-" Paul Fabry I I 27 Bourbon Street New Orleans, LA 70116 Jack Vickery J(JO S. Spring Slreet Aspcn, CO 8161 I Prnperty Address: 135 W, Francis Legal Description: Block 56, Lots A & west 1/2 B Schedule Numher: 453 Property Address: 129 W, Francis LcgalDescriptlon: Bleck 56, Lots Vickery Historic Lot Split "B Schedule Number: 15680 Gregory Erwin 11248 Jobn Galt Blvd, Omaba, NE 68137 Bruce Hartwig 569 Ponle Vedra Blvd Ponte Vedra Beacb, FL 32082 Property Address: 101 W, Francis Legal Description: Block 56, Lots H & I Schedule Number: 1152 Property Address: I II W, Francis Legal Description: Block 56, Lots F & G Schedule Number: 1389 Frederick Henry 100 W, Hallam Aspen, CO 81611 Robert and Monica New 11414 N, Bayshore Drive North Miami, FL 33181 Property Address: 100 W, Hallam Legal Description: Block 56, Lots O,P,Q,R,S Schedule Number: 602 Property Address: 123 W, Francis Legal Description: Block 56, Lots Vickery Historic Lot Split" A Schedule Number: 15679 Yellow Brick School Aspen School Dislrict 235 High School Rd, Aspen, CO 81611 Given Institute Regents of University of Colorado Boulder, CO Property Address: 215 N, GamUsch Legal Description: Block 57, LoIs A,B,C,D,E,F,G,H,I,K,L,M,N,O,P,Q,R,S Schedule Number: 14244 Property Address: Legal Description: Block 63, Lots A - F et al Schedule Number: 14786 Red Brick School City of Aspen 130 S, Galena 'Aspen, CO 81611 James & Patricia Gorman 1426 Rose Glen Rd, Gladwyne, P A 19035 {\,I..-'" ~f\"~ '9->p",\-- Property Address: W, Hallam St. Legal Description: Block 64, LOIs All Schedule Number: 13990 Property Address: 10 I E, Hallam Legal Description: Block 65, LoIs A & West 4.86 feet of B Schedule Number: 798 . . . ...., 1"'\ .--- Donald Paul Krumm Box 874 Aspen, CO 81612 Property Address: 105 E. Hallam 51. Legal Description: Block 65, Lots Wcst25,I4' lot B, C Schedule Numher: 811 -, 1""" PUBLIC NOTICE RE: 308 NORTH FIRST STREET LOT SPLIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, April 12, 1999 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 William C. Nolan, 308 North 1st Street, Aspen, CO 81611, requesting lot split approval to split a 12,000 square foot lot into two 6,000 square foot lots. The property is located at 308 North 1st Street, and is legally described as Lots K, L, M and N, Block 56, City and Townsite of Aspen. For further information, contact Chris Bendon at the Aspen/Pitkin Community Development Department, 130 S, Galena St., Aspen, CO (970) 920-5072, chrisb@cLaspen,co,us, stjohn Bennett, Mayor Aspen City COQ.ncil Published in the Aspen Times on March 27,1999 City of Aspen Account TO: TIIRU: FROM: RE: DATE: ("""\, ovu..... MEMORANDUM Mayor and City Council Amy Margerum, City Manager John Worcester, City Attorney Julie Ann Woods, Community Development DirectW Mitch Haas, Interim Deputy Director \ ' Christopher Bendon, Planner ~VV) , Nolan Lot Split - 303 North First Street Ordinance No,~, Series of 1999, First Reading March 22, 1999 SUMMARY; William Nolan has applied for a Lot Split to divide his 12,000 square foot parcel into two 6,000 square foot Lots, The property is located at 303 North First Street and is currently developed with one single-family residence, This existing house does exhibit some historic qualities but is not listed on the City Historic Inventory. In fact, the property was removed from the Inventory in the late 1980's after several alterations were made to the house. There are portions of the house which rest on the proposed lot line, These portions of the structure, however, a~e recent additions and are expected to be removed to comply with the new lot line. The Lot Split provisions do not require a house to be demolished prior to application for a Lot Split. Staff has suggested, as a condition of this approval, requiring conformance with the new lot line at the time of actual development. Staff recommends City Council adopt Ordinance No 1.., Series of 1999, upon first reading and schedule the second reading for April 12, 1999. MAIN ISSUES; The existing house exhibits some historic qualities but was removed from the Historic Inventory after some alterations in the 1980s, The applicant has indicated a desire to remove some of these additions, especially as they pertain to the proposed lot line. There are several smaller trees and two large Spruce trees which are located in close proximity to orie another within the development area of proposed Lot # I. The applicant has met with members of the City Parks Department to discuss the opportunities of relocating the trees. The majority of these trees can be moved to other locations on the property. The two Spruce trees could be moved together, though one would probably not survive the relocation, There are no trees which are of such importance to specifically designate a building envelope or restrict the areas for development further than the prescribed zoning setbacks. Staff has included a condition requiring development on either lot to comply with the City's tree preservation Ordinance, APPLICANT: William C. Nolan, Represented by Stan Clauson Associates. I ,,-., f""'" LOCATION: 303 North First Street ZONING: Medium Density Residential (R-6), LOT SIZE: Existing: Proposed: 12,000 square feet, Two lots of 6,000 s.f, each, FAR: Current Allowable: 3,840 sJ, for a single family residence or 4,260 sJ. for a duplex, Proposed Allowable: 3,240 sJ. for each lot (single-family only), CURRENT LAND USE: Single-Family residence on one parcel. PROPOSED LAND USE: Single-Family residence and one vacant single-family lot, PREVIOUS ACTION: City Council has not previously considered this land use application, REVIEW PROCEDURE: Lot Split, City Council shall approve, approve with conditions, or deny the application at a public hearing pursuant to Section 26.88, STAFF COMMENTS: The existing house resides on the proposed property boundary, This is a typical scenario which the land use code recognizes by not requiring the structure to be demolished prior to applying for a Lot Split. To remedy the encroachment, staff typically recommends a condition of approval requiring both Lots, and associated structures, to comply with zoning at the time of actual development on either Lot. In this case, at the time of development on either Lot, the existing house would need to rest entirely on proposed Lot #2 and within the new setbacks created by the new lot line. Existing encroachments, such as the existing carriage house, are grandfathered and are not required to be remedied, The portion of the structure which exists where the property boundary is proposed is a recent addition and does not contribute to the historic value of the house, This portion is expected to be removed to comply with the new setbacks and the reduced FAR of the smaller lot, Review criteria and Staff Findings have been included as Exhibit "A." The application has been included as Exhibit "B," RECOMMENDA nON: Staff recommends City Council adopt Ordinance No.~, Series of 1999, upon first reading. This Ordinance schedules the public hearing for April 12, 1999, and contains the following recommended conditions of approval: 2 J .1""'--- ~, 1. A Lot Split Plat, meeting the requirements of Section 26.SS,040(D)(2)(a)(I), shaH be recorded within ISO days of the adoption date of this Ordinance. The plat shaH indicate aH easements of record, property comer monuments, existing structural non-confonuities, existing trees including those in the aHeyway, a five-foot-wide pedestrian usable space located 7.5 feet from the property line with a 5 foot buffer for snow storage, and note encroachments on public rights-of-way and the respective encroachment licenses, 2, The lot split plat shaH exhibit two lots in confonuance with the R-6 Zone District regulations and shaH include the foHowing plat notes: . Upon development of Lot #1 or redevelopment of Lot #2, both lots, and the associated structures, shaH comply with the R-6 Zone District provisions with respect to the newly created lot boundaries and setbacks, Existing non-confonuing accessory structures may continue to the extent that the new lot boundaries do not increase the element's non- confonuity, . The developer of each Lot shaH seek an exemption from GMQS pursuant to Section 26.1 00,050(A)(2), as amended from time to time, A tree removal penuit from the City Parks Department shaH be required for the removal or relocation of trees as per Section 13.20,020 of the Code, as amended, There shaIl be no excavation or storage of fiIl materials within the tree driplines, The building penuit plans for each Lot shaIl indicate confonuance with the City Streetscape Guidelines, Confonuance with said guidelines shaH be accomplished prior to issuance ofa Certificate of Occupancy, Prior to applying for a building penuit, the applicant shaIl complete a tap penuit and shaH pay all connection charges due to the Aspen Consolidated Sanitation District, A building penuit application for each Lot shaIl contain a drainage report and a drainage plan, including an erosion control plan, prepared by a Colorado licensed Civil Engineer which maintains sediment and debris on-site during and after construction, If a ground recharge system is required, a soil percolation report will be required to correctly size the facility, A 2 year stonu frequency should be used in designing any drainage improvements, 3, 5, 6. 7. A building penuit application for each Lot shaIl contain a recorded agreement to construct sidewalk, curb, and gutter, and a recorded agreement to join any future improvement districts for the purpose of constructing improvements which benefit the property under an assessment fonuula. AIl material representations made by the applicant in the application and during public meetings with the Aspen City Council shaIl be adhered to and considered conditions of approval, unless otherwise amended by an entity with the authority to do so, S, RECOMMENDED MOTION: "1 move to adopt Ordinance No. eL, Series of 1999, upon first reading." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Comments Exhibit B -- Site Plan Exhibit C -- Development Application 3 ~ ,..-E 16.1" I * ---- :t :::!~ i .~ ! I ~EEIlEMT , ~.----------- "'~ A,z,zpy 8,z "':-~ ...----- '''''''''''.'''' '''''' ",<, OC.Jf'.s 6' ''''' .-/" """<,, "<0,.. "J . I~. r""~ ~ " I"..;. 7 ,., '''.. I 9 ,.,.. ,.,.,. I SET ~~~:R t .,. 9? / ~&ci! ~ I IIH2!! ~ I..,. f I; , ~ ~-I &~ Lor I( ,-- CITY 6. PITKIN TOWNS I f1:. 01- COUNTY. COU 5 LOT A '- '- \ / , !fC LOT I ~ 2'llnNE$$ CORNER o.~. .,. , ,~"""" Cot"" '''lie HDuse ll'C~ ~lf e ..~ i ~.,' ~ ". v~ ~ , "." 8 ? oi I..or L . ; " f LOT fT ". 6002$O.F. ..uEAO~ 137~ ACRES _/_ "'I" t "'~el; " . " ~ "j " " I I.... LOT 2 oo2,Q.F1,-/- AREA '0. ~37' KllES _f_ ~.o. < $TORr ~"'''A.4E" "'u" ". 2'WITNE$$ ....." e~ 1''"2 \ '-'-1'1; II'crr_ \, lOT M~_ _'. __ 98 -, ~ "I '.IT.COR, I 3 ~ ~ .\,~~~.":<'::'l\\"" d,t5lt';"" '".,,"'''' ~~ ~,~ / """"i,,,.,,,., "'''''' 1:t,,".......~ (t.,. ' ~"E""'....".. "...., ~~ ir-'le ....ptJ!o s '~..of .~ ' e 'J, ~_:,' ""~ ~ .= \\.;--_:~~ ,..,'..' "... "." ~ IO'CTrIlllO, 12." ,. h.e'S?, HA-~f-J 0.., J." '- \, '- I \ \ ..~'$5. <0 \.!!..L:. " / 6~\~'tt: ~ . ~ %V\ ~~ lot ~t\l- 10 FfET IIHCH. " " . .. , . INTEIlY,t.L IS 1 FOOT .....,,, 0.0' ./. ~ItCIIO.(:l<lEMT " cPo \ ,"'. fJ .t. ~.1'F1ts I - NO ~ REa~~1 REO CA~ 2,,_ . 11 "'''''' 1'I.:z. , e.""o LOT 0 11 Lor N ..,~ ~, .,:t' .. ,; 1$." 1a:[IICRO,I,(:HE' 'g.3""- " ~' ut'l CWI' }'oerrlflb ~ " --- 2' WITlESS COIl~~Sk "16129. ""iirCONCRETE ~ r"', ~ DRAFT MEMORANDUM To: Chris Bendon, Planner Thru: Nick Adeh, City Engineer From: Chuck Roth, Project Engineer Date: March 5,1999 Re: Nolan Lot Split The Development Review Committee has reviewed the above referenced application at their February 24, 1999 meeting, and we have the following comments: General - These comments are based on the fact that we believe that the site plan can work, The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to halt complaints related to approvals tied to "issuance of building permit." I, Draft Plat - There is a portion of the plat that is unclear at the southeast comer of the property, It appears as though there may be a driveway and a gate, though neither are labeled, Add an approval certificate for City Council, and delete the approval certificate for the Parks Director, The final plat must indicate that all comers of the subdivided property are monumented. 2, Encroachments - The plat indicates that there are trees in the alley public right-of-way adjacent to the applicant's property, Trees in alleys are not permitted use. The applicant must remove the trees or obtain an encroachment license from the City Engineer, 3, Sidewalk. Curb and Gutter - The site is located in the West End where sidewalks are excluded from being built at this time, However the "Pedestrian Walkway and Bikeway System Plan" does indicate that there should be pedestrian usable space off of the street surface. Therefore, the lot split plat needs to indicate a five foot wide pedestrian usable space located 7.5' from the property line and with a five foot buffer for snow storage, The draft plat indicates that there are numerous plantings in the public right-of-way which do not conform to the Streetscape Guidelines, It should be a condition of approval and indicated on the plat that the right-of-way will be redeveloped to meet to the Streetscape Guidelines at the time that the parcels are developed and I ."'"" ,-, ~, prior to issuance of a certificate of occupancy, This must also be indicated on development plans prior to acceptance of a building permit application. . Any curb and gutter sections in need of replacement must be replaced prior to issuance of a certificate of occupancy.. The applicant needs to sign a sidewalk construction agreement, and pay recording fees, prior to issuance of a certificate of occupancy for new construction. 4. Site Drainaee - The existing City storm drainage infrastructure system is does not have additional capacity to convey increased storm runoff. The site development approvals must include the requirement of meeting runoff design standards of the Land Use Code at See, 26,88,040,C.4.f and a requirement that the building permit application include a drainage mitigation plan (24"x36" size plan sheet or on the lot grading plan) and a report signed and stamped by an engineer registered in the State of Colorado, submitted as part of the building and site plan, as well as a temporary sediment control and containment plan for the construction phase, If drywells are an acceptable solution for site drainage, a soils report must be provided with percolation test to verify the feasibility of this type system, Drywells may not be placed within utility easements, The foundation drainage system should be separate from storm drainage, must be detained on site, and must be shown on drainage plans prior to permit drawings, These requirements must be met prior to acceptance of a building permit application, 5, Work in the Public Rieht-or-wav - Given the continuous problems of unapproved work and development in public rights-of-way adjacent to private property, we advise the applicant as follows: The applicant must receive approval from city engineering (920-5080) for design of improvements, including landscaping, within public rights-of-way, parks department (920-5120) for vegetation species and for public trail disturbance, and streets department (920-5130) for mailboxes, street and alley cuts, and shall obtain permits for any work or development, including landscaping, within public rights-of-way from the city community development department. DRC Attendees Staff: Sarah Oates, Chris Bendon, Chuck Roth 99M16 2 1""-. ,(l Aspen Consolidated Sanitation District Sy Kelly' Chairman . Paul Smith * Treas Michael Kelly *' S ecy . John Keleher Frank Loushin Bruce Matherly, Mgr Febi1./ary26,1999 "4 ",49 ! 1999 Chris Bendon Community Development 130 S, Galena, Aspen, CO 81611 -",,^.. 14:;;;';'-t::::I\I "'h',~, 1 r"'1 11\' ""11:':1/'::.-1 !!.V ':"'I'~~f_ Re: Nolan Lot Split Dear Chris: Our records show that the existing single family residence it 3b8 N, Firsts'treet is currently, served by the, district. We. currently have existing collection and treatment capacity to serVe the proposed lot split. The addition of a new residential unit on the newly created lot will not adversely affect our ability to serve, Thenew residential unit will require a, separate sei-vice line and tap, As usual service is contingent uponthe district's rules, regulations, and specifications which are on file at the District office. A tap permit can be completed once detailed construction plans are available, Since there is a service lirie currently in place, we would reqllest, as a condition of approval, that a tap permit be cOmpleted and the fees paid prior to ,the issuance of building permits, , Please call if you have any questions, Sincerely, . ~~~4~~ B~ce'Matherly . 0 District Manager 565 N, Mill St.,As,pen" CO 81611 ! (970)925-3601 ! FAX (970) 9:25-2537 , MAR 01 '99 12:38PM ASPEN HOUSING OFC ;;;;:- P,1 ,,,",,, MEMORANDUM TO: FROM: Chris Sendon, Community Development Dept. Cindy Christensen, Housing Office DATE: March 1, 1899 NOLAN LOT SPLIT - 308 NORTH FIRST ParcellD No. RE: REQUEST: The applicant is requesting a lot split to create two lots, The applicant plans on mitigating per Section ~.100,050(A)(2}{c). 19ACKGROUND: According 10 Section 28,100.050(A)(2)(c), a 101 split can be exempted if the applicant provide one of the fonewing: In order to qualIfY for a single-family exemption, the applicant shall have three options: a. providing an accessory dweJRng unit; b. paying the appllcable affordable housing impact fee; or c. rerorcIing a resident-occupancy deed restriction 01'1 the single-family dwelling unit being consfnJcted. RECOMMENDATION: The following list establishes the Housing Board's options in order of preference, depend ing on the site location: 1, on-site housing; 2, off-slle hOUSing, inClUding the buydown concept; 3. cash-in-Iieulland-in-lleu Should !he applicant provide an accessory dwelling unit, the applicant must comply with the conditions stipulated under the accessolY dwelling unit guideDnes, staff shaD review the plans for the unit prior to building permit approval, and a deed restriclicn shall be recorded pl'ior to building pelTl1it approval. If cash-In-lieu is to be providad, the applicant shan pay the amount due in the Guidelines in effect at the time of building pelTl1it approval. Currently, the amount Is $28.83 per square foot of new additional floor area. This amount will Increase durfng the GuideUne's annual review, which Is currenUy taking place. vDfltrr""""Ian,mit - f", ,-. ~ F~6 ~ '?-' ~II'.-~, ~ ~ VJ~l~~ ~ '\'- ~~A) ~r~.,p,.. CJI ~c:v(l, ~vtAff.~. \~J1I~t- CtJrNJ0 . '- , _(}orb {~I <;;\~~. :! 'i ", ij ,I ,I ii " '! " :i r'\. ,~ MEMORANDUM TO: Plans were routed to those departments checked-off below: .II! .........., City Engineer ,........... Zoning Officer ,......,.... Housing Director ~ ..........' Parks Department o ........... Aspen Fire Marshal ,.........., City Water ,;.......... Aspen Consolidated Sanitation District o .......'..' Building Department 0........... Environmental Health 0........... Electric Department 0........... Holy Cross Electric o ........... City Attorney 0........... Streets Department o .........., Historic Preservation Officer 0.........., Pitkin County Planning FROM: Chris Bendon, Planner Community Development Department 130 So, Galena St.; Aspen, CO 81611 Phone-920.5090 Fax-920.5439 RE: Nolan Lot Split- 308 North First DATE: February 18, 1999 REFERRAL SCHEDULE DRC MEETING DATE:(note time: 1:30-3:00) OTHER REFERRALS DUE TO PLANNER: ENGINEERING REFERRAL DUE TO PLANNER: February 24, 1999 March 3, 1999 March 5, 1999 Thank you, Chris, . JAN,21.1999 10:49AM FLEISHER COMPANY ,~ NO, 090 P.i . . ,~ S", iClAVSON AssooATEs, LLC PlIl1171ing . UTban PooiB" TTQ7ISpartatill1l S!U4les ~<L:t Managtment 200 EI>S1' :MJJN ST1IEEr '^"""', COIDRADo S16U Tl!U!PH0NE: 970,~~.2323 FAX' 970,92O.1628 E.MAtL: clau,on@)c.si.~'a.'l 21 January 1999 Me, William Nolan. Esq. 202 W. 1!P Street ElDowlo, AI{ 71730 BY MAJL AND FAX 870-862-0203 Re: 303 N. First Strut Lot Split Dear Bill: Thank you fur inviting me to assist you with the permitting of your project in Aspen. I v;ill look forward to working with you. your representative Lane Sebill<<, and your arcbiteet Ricbard Klein. My understanding is that you are seeking to obtain a lot split for your propmty lit 303 N, First StrW:, wbich consists of four townsite tots. In eft'ecting the lot split, we will be required to negotiate the issue that the existing hiitorlc portion of your home would llIlcmacl1 on the side yard setback. The present existing house would have a still greater encroaclunent, but it. would be your intillllion to tmncate the bouse to its original historical footprint. Normally the City of Aspen Land Use Code does not provide fur a lot split UIIde:r clroumstances where such a lIClWonfumrlty is created. Howevet. wewiR pursue an emphas.llJ on the preservation of the bistone core structure as a public benefit in exchange for granting the Jot split with a minor nonconformity. Since your Imuse is not listed on the eurrent Inventory otHistoric Resources, you would have recourse to demolishing the structul.'l: entirely or further reducing its dimcnsioDS in order to UlJd.ertake the lot split without any nonconfumlities. However, this would eutai1 the loss of all or part of an bistoric lXlBOUrCe, Although the foregoing way appear 1:0 be a oompelling argument for providing some relieffrom a strict interpretalion ofnonconformity. I would emphasize that the code silDpty does not provide for a conveutionaIlot split where DOnconfurmities lire created by virtue of the Jot split action. Thmttbre,. the outOOlIU: of the negotiation is by no means certain. Moreover, we may appear to have received a iilvorable reception from the planning staff only to find that the City Council is disposed 1:0 ma;nbI;n the strict interpretation oftbe lot split criteria. I lIlso lIl1derstand that you do not wish to take advantage of another provision In the code, referred to as the "historie presetVlluon lot split," This provision would allow the enoroaclmnmt into the side ylI'd .setback by pcnnitting the Historio Preservation Coromission to provide mino.. variances, It wou'Id also permit the me to allocate a development bonus ofup to 500 square feet of:Ooo.. area for projects where such a bonus ill deemed a}Jptopriate. However, there is considerably more review process involved iooluding the adding of you existing house to the Inventory ofHistorie RcsoUl'lleB, Landwarking the property, Ellld ]ll"O\'iding design review fOr the modifications to tile existing house as well as the siting and massing of the new house to be constnlllted on the CI'llated lot. While tbis may seem like a daunting Hilt of activities with some uncertainty involved in every step of the process, it has now been undertUllIl' on several oocasions PlANNlNG AND DESIGN SOLUTZONS FOR COMMlJN1T!ES AND Prov4TE SBCTOR CLrENTS . JRN.21.1999 10: 50AM FLEISHER COMPRNY ". NO.090 P.2 .,-... ~ Mr. William Nolan, Esq. 21 January 1999 Page 2 and may be apptoprilrte for consideration. However, I can understand that you do not intend to plU'SlW this COUUle of action because of the additional process aut! restrictions requlred. Nonetheless, I do need to bring it to your attention as an alternative provided fur in the Land Use Code. Lane SebiUer and I have visited 10\11' property. 1 have photographed certain aspects of the interior and exterior -which I believe support the concept ofmaint:ainiDs the historic msource of the core house and wbich may argue fur a minor variance with respect to the side yard setback. I have a meeting scheduled today with Chris Bendon of the plluming office to update the original preapplicati.on CODference which took place on 4 MardlI998. I believe we will have a better- understaodiIIg of the issues lIDd phuming office teSponse fORowing tlW: meetilIg. It should be noted that it il.\ not clear whether std; muding the City Attorney, may find tbat the City Council ill empowered to gram a lot split with a variance to the side yard setback, whether they will require tbIrt them be an intermediate lII:ep of going befure the Board of Adjustment on the variance issue, l)f whether they will determine that no board has the authority to grant the request :u constituted. I will try to get a Nading from the City Attomeytbrough Chris Bendon, as I believe this will be helpful in advmwing the application. It ill also possible tbat there may be some additional arohitecturat wed!: required, both in the development of an application and as an adjunct to the hearing prooess. I understand that you have some -retainer r~I";'1g with Richard. Klein and that I am authorized to C01ttaCt him for assi.st.ance during the applieation process. It may be tIut a good pl'llsmrtation of the project intent will require additional services ftom an arcbitect. If so, I will work with Ricbant to provide an estimate of the worlt and costs involved, and provide this to you fol'youl' review and approval. My fee fur consulting services is $165.00 per hour, plus direct expenses such as mileage, documents, etc. Direct expenses are billed at cost, Subcontractua1 expenses, if you choose to handle them on this basis. which zni8ht indude landllC8pe architecture or architectural design services, are billed at cost plus ten percent. No subcontractual mvices will be engaged without first obtaiDiv,g your approval as to the provider and the proposed fee. Fees are billed mOllthly and are payable within fifteen days. In addition to the meeting today, I would estimate anotber 24 hours of work to JIlllP8tC the written application. With respect to the hearing process before the City Councll or- any other required boards, it ill difficult to estimate thc time we will spend because of d.iffilring possible approaclJ.es to OD!' presentalion strategy 8Ild the actual Ume involved in the hearlogs. Lane Schiller has already accomplished IIIDCh of the preliminary work and bas o:l:l'ered to assi.st lIS needed with the mechanics (If the app1ic4tion.. On this basis, I beli.lMl we can have an application filed within two weeks of receiving the Preapplication SummaIy from the plAnnil'\g offH:e. There would then be typically abOllt 6-8 weeks befOre an actual hearing would take place bt'llbre the City Council. I believe that this timetable would allow tOt constmctiOQ this s:ummcr, iftlW: is your , . "'-- ", , J8N.21.1999 10: SlAM FLEISHER COMPANY ,~ NQ,090 P.3 ..- ,~ Mr. Williatn Nolan, Esq. 211anuary 1999 Page 3 intent. I must tlDphasize again, however, that the outCOIOO oftbis process is by no means certain. Iftbe approacll and fee I have outlined to you is acceptable, kindly signifY by signing aud returning the lIliaehed copy of this letter aIODg with a retainer of $1,000 which will constitute a credit applicable to future billings. Very truly yours, Stan Clanson, AIep SrAN CLAUSON ASSOCIATES, ILC Co: Lane Schiller ~~~ Date I l ,') I l CZ ~ ..' :I'" LAND USE ApPLICATION ~'PROJECT: ,-, Name: Location: 3o~ f\}, hf.>q'Sr j \ ~ k-l L, I'll N. B,LcLX- ~b (Indicate street address, lot & block number, legal description Where appropriate) ApPLICANT: Name: Address: Phone #: REPRESENTATIVE: Name: <sITkU C-l..""U'5C~ Address: ~ Phone #: q d- '), ~"3 ~ '3 ~"5"DCc... LLc. I \ TYPE OF ApPLICATION: (please check all that apply): o Conditional Use 0 Conceptual POO o Special Review 0 Final PUD (& PUD Amendment) o Design Review Appeal 0 Conceptual SPA o GMQS Allotment 0 Final SPA (& SPA Amendment) o GMQS Exemption 0 Subdivision, o ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes Margin, Hallam Lake Bluff, condominiumization) Mountain View Plane Lot Split Lot Line Adjustment )8[ o o o Temporary Use Text/Map Amendment o Conceptual Historic Devt, o Final Historic Development o Minor Historic Devt, o Historic Demolition o Historic Designation o Small Lodge Conversion! Expansion o Other: EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc,) I y::~:u~~~~ C>:~ ::~~~\~ ~T5 Wl-m , '-;;:_1_ __ c::;:,l~r~ rA_b.. _v~, PROPOSAL: (description of proposed buildings, uses, modifications, etc,) ~ -::,~'-'C'\ II..)'"! C \ l.>..C> 01\) ~ OP t.:)~ ""--I~I 0("" :[It-vuCA'T..c\) , Have you attached the following? ~Pre-Application Conference Swnmary 8' Attachment #1, Signed Fee Agreement I!fResponse to Attachment #2, Dimensional Requirements Form -B-"Response to Attachment #3, Minimum Submission Contents g..-Response to Attachment #4, Specific Submission Contents i3' Response to Attachment #5, Review Standards for Your Application A..D 'D >dV' <:fLO ?VVlI::!'OT f'A.tI2.C...~,-- FEES DUE: $ \ 14 "be '\).::'pIo.."q ",oj i:) ~t::.'V2-V2AL- fl:'l!t r'1 .~. CITY OF ASPEN PRE-APPLlCA TION CONFERENCE SUMMARY PLANNER: PROJECT: REPRESENTATIVE: OWNER: TYPE OF APPLICATION: DESCRIPTION: Chris Bendon, 920,5072 DATE: 2.3,99 Nolan Lot Split Stan Clauson, Lane Schiller Bill Nolan One Step -- Subdivision Exemption for a Lot Split 12,000+ square foot property in R6 with an existing resiednce, Land Use Code Section(s) 26.88.030 Subdivision Exemptions 26,100.050(C)(3) Growth Management Exemptions by City Council Review by: Public Hearing: Stafffor completeness, DRC, City Council Yes, 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 a affidavit at the public hearing, Engineering, Housing, Parks, Zoning, Water, ACSD Planning Deposit Minor ($1110) Engineering, Minor ($160); Housing, minor ($160) $1,430 (additional hours are billed at a rate of$185/hour) Referral Agencies: Planning Fees: Referral Agency Fees: Total Deposit: To apply, submit the following information: 1. 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. 15 Copies of the complete application packet and maps, HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = ]/ea,; Planning Staff= I 7, An 8 1/2" by II" 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 requirement, or any part thereof, may be waived by the Community Development Department if the project is detennined not to warrant a survey document.) 9, Proposed plat for subdivision, 10, Additional materials as required by the specific review, Please refer to the application packet for specific submittal requirements or to the code sections noted above, II, A written description of the proposal and an explanation in written, graphic, or model fonn of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed, , ,....", ~ 12, List of adjacent property owners within 300' for public hearing, 13, Copies of prior approvals, 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. Notes: Existing house does not need to be demolished or otherwise altered to apply for the lot split. Existing non-confonnities (prior to the lot split) may continue and should be noted on the plat. No new dimensional non-confonnities shall be created by the lot split. This includes side yards setbacks established by the new property line and floor area for the existing residence, Confonnance with the zoning will be a recommended condition of the Lot Split. The applicant should note the lot width definition which measures the prescribed distance at the front yard setback line, The applicant is encouraged to contact the City Forester concerning existing trees on the proposed western parcel. r'\. ,to ~ Fee Aereement ~ ,--, "'"' " ASPENIPITKL.'1 COMMUNITY DEVELOPMENT DEPARTMENT Ae:reement for Payment of Citv of ASDeo Development Application Fees CITY OF ASPEN (hereinafter CITY) and Wi 11 ; em r: N n 1 en, ,1 r 8. F 1 ei n p (hereinafter APPLICANT) AGREE AS FOLLOWS: Nn1en 1. APPLICANT has submitted to CITY an appIica,tion for Lot split of lots K, L,M & N, Block 56, City and Townsite of Aspen (hereinafter, THE PROJECT), 2, APPLICANT understands and agrees that City of Aspen Ordinance No, 49 (Series of 1998) establishes a fee structure for Planning applications and the payment of all processing fees is a condition precedeD! to a detennination 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 of an initial deposit and to thereafter pennit additional costs to be billed to APPLICANT on a monthly basis, 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 infonnation to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required fmdings for project approval, unless current billings are paid in full prior to decision, 5, Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a detennination of application completeness, APPLICANT shall pay an initial deposit in the amount of $1430 , 00 which is for -=L- hours of Planning 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 of the application mentioned above, including post approval review, Such periodic payments shall be, made within 30 days of the billing date, APPLICANT further agrees th~t failure to pay such accrued costs shall be grounds for suspension of processing, CITY OF ASPEN APPLlCANTe.e ~if7 oJ By: W~~ ' ~ a J: By: kh- A- ~ ,9Ulie Ann Woods 'yCommunity Development Director Date: 15 Februa ry 1999 Mailing Address: 308 N. First Street Aspen, CO 81611 . '-", ~ " A IT ACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: Nolan Lot Split - Lot'l (lots K & L, blk 56) - Lot 2 (lot M & N, blk 56 Applicant: William C. Nolan, Jr & E1~in" L Nn1.n Location: L K M & N I 6' ots ,L, . Bock 5 . Cltv of Aspen - - (308 N. Fir.t Strp"t) Zone District: R-6 Lot Size: Existing = 12.000 sa, ft, Propo.,,? - Lot 1 = Ii (1(1(1 . f Tor? = h, 000 s Lot Area: Existing = 12,000 Sa. ft, ProposeJ = 6 000 sq, ft" ".rn (for the purposes of calculating FloorArea, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code,) Proposed: Proposed: Proposed: Commercial net leasable: Number of residential units: Number of bedrooms: Existing: Existing: Existing: Proposed % of demolition (Historic properties only): DIMENSiONS: Floor Area: Existing: 1'; 1 q Allowable: 3,240 Proposed: Principal bldg, height: Existing: Allowable: Proposed: , Access, bldg, height: Existing: Allowable: Proposed: On-Site parking: Existing: 1 Required: 2 Proposed: % Site coverage: Existing: 353.9 Required: 2.400 Proposed: N/A -%-G~ea-Spooe+- Existing: Required: Proposed: From Setback: Existing: 86.5 Required: 1 S Proposed: Rear Setback: Existing: neg: 1 Required: 5 Proposed: Combined FIR: E.'Cisting: 85.5 Required: 25 Proposed: Side Setback: E.'Cisting: neg 0.5 Required: 5 Proposed: Side Setback: Existing: 35.5 Required: 5 Proposed: Combined Sides: Existing: 35 Required: 15 Proposed: Existing non-conformities or encroachments: Bnildinl? ."th.rk. V nriations requested: .-....--- ---- -_.~---_.. -----.--'- ----.--_..~._- ~~~-'.-".,.~-- ""'---"---. .._- ..--. -----. -- - ,. ------...---. .r'\ ,~ .' ATTACHMENT 2 DIMENSIONAL REQUIREMENTS FORM Project: Nolan Lot Split - Lot '1 (lots K & L, blk 56) - Lot 2 (lot M & N, blk 56 Applicant: William C. Nolan, Jr, & F.l..inf> T., Nol..n Location: Lots K, L, M & N, Block 56, City of Asoen - - 008 N. Fir"r- Sr-rf>f>t) Zone Di:;trict: R-6 Lot Size: Existinz = 12.000 sa, ft. Propo"f>? - Tot 1 = Ii nnn "f Tnt-? = ",000 s Lot Area: Existinz = 12.000 sa. ft, Prooo"eJ = Ii,()()() SQ frf>p~h (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes, Please refer to the definition of Lot Area in the Municipal Code,) Commercial net leasable: Number of residential units: Number of bedrooms: Existing: Existing: Existing: 1 4 Proposed: Proposed: Proposed: 1 4 Proposed % of demolition (Historic properties only): DIMENSIONS: SEE ATTACHMENTS Floor Area: Existing: Allowable: Proposed: Principal bldg, height: Existing: Allowable: Proposed: . Access, bldg, height: Existing: Allowable: Proposed: On-Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: N/A .ll;O-Gj:leli-8pac~- Existing: Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined F /R; Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: E.r:isting: Required: Proposed: Existing non-conformities or encroachments: Site Coveraze. building Setback" V miations requested: . ~_...."'"-""-- ,..--.-- ..._-_...~,.. -.,. -----..----. ........" "'0 .' * r-. ~ PROPOSED / LOTS M,N, BLOCK 56, CITY OF ASPEN DIMENSIONS PROPOSED ALLOWABLE I REQ'D FLOOR AREA: 3536,2 SQ, FT. 3240 SQ. FT, HEIGHT: 25 FT. 25 FT. PARKING: 4 2 SITE COVERAGE: 2830 SQ, FT, 2400 SQ. FT, FRONT SETBACK: 12 FT. 10 FT. REAR SETBACK: RES. 4.4 FT. 10 FT. GAR, 0,9 FT, OVER P.L, 5 FT. COMBINED FIR: 14.4 FT, 30 FT. SIDE SETBACK LEFT: 2.5 FT. 5 FT. SIDE SETBACK RIGHT: 2.1 FTOVERP.L. 5 FT, COMBINED SIDES: 4,6 FT, 15 FT. .--..-"-----'-.- t"'"'\ .-, .' "EX:JSmiG,~rolS:~~~~~~~FASee:i.:'. q DIMENSIONS EXISTING ALLOWABLE I REQ'D FLOOR AREA: 4183 SQ. FT. 3840 SQ, FT, HEIGHT: PRIN, BLDG. 25 FT. 25 FT, ACe. BLDG. 11 FT, 12 FT, PARKING: 5 2 SITE COVERAGE: 3654,2 SQ, FT, 3000 SQ, FT. FRONT SETBACK: PRIN. BLDG. 42 FT. 10 FT. ACe. BLDG. 0.5 FT. OVER P.L. 15 FT, REAR SETBACK: PRIN. BLDG, 2 FT, 5 FT. {GAR.) ACC. BLDG, 95.5 FT. 5 FT. COMBINED FIR: PRIN. BLOG, 44 FT. 30 FT. ACC. BLDG, 95 FT, 25 FT. SIDE SETBACK LEFT: PRIN. BLDG. 12 Fi. 15 N. ACe. BLDG. 86.5 FT, 15 FT. SIDE SETBACK RIGHT: PRIN. BLDG, 0,9 FT OVER P.L. 15 FT. ACe. BLDG. 1 FT, OVER P ,L. 15 FT. COMBINED SIDES: PRIN. BLDG. 11.3 FT, 40 FT. ACC BLDG. 85.5 FT. 40 FT. _.__.~- ~ ^ -- ~resentative Authorization Letter --\ /"", Wm, C. Nolan, Jr. 308 North First Street Aspen Colorado 81611 February 10, 1999 City of Aspen Aspen, Colorado Dear Sirs: This letter is submitted in connection with the application of William C. Nolan, Jr. and Elaine L. Nolan (Applicants) for a lot split of Lots K, L, M & N, Block 56, City and Townsite of Aspen, Pitkin County, Colorado. The street address is 308 North First Street, Aspen, Colorado, The Applicants' name, address and telephone number are as follows: William C, Nolan and Elaine L. Nolan 308 North First Street Aspen, Colorado 81611 (970)920-1524 Stan Clauson and his Company, Stan Clauson Associates, LLC, are authorized as our agent and to act on our behalf in connection with this lot split application, His name, address and telephone number are as follows: Stan Clauson Stan Clauson Associates, LLC 200 East Main Street Aspen, Colorado 81611 (970)925-2323 SJJr t {p{ <JZ William C. Nolan, Jr. _~_~_';:L1}~w Elaine L. Nolan (""\ r-, .' Legal Description: Lots K, L, M & N, Block 56 City and Townsite of Aspen Street Address: 308 N. First Street Title Commitment: Attached ; .1.~ ;)~:;: ~~:~: ;\~ ;( ;,; ~<X~\ ;~~ ~~ ~~:t ;-~ ,'~!,fi:'); ""'J~'/~J 'h(}hl;~;,~I;,{,}~~ ,i'~i;~~ :K ;~.!:(:~'~ ~~. :~.~. ~~ ~',~ ~~(f{7,>{r~ik(~ ill :! ~lTXslt J:'c~t~f('1:'~ f(ft?C;,,~e?'f,;n:;;' ;.'.C_.l1mltm~~yr!).lnsl,lr~ Y;"C," ,"j :"; ;':,; f~ I'-~F' ;':'Y?Y':'~:\rfftY1.tlttrl~' '-:\(',,[,~ i:;.r:~'0 r;!:--;:-~f'":..',,'-r.-)-~f-:.\l-::^r:-r:~.r:~,(~;,{).r~i,t\r:; r:l r~~-.r),i")..r,~[0,('\!-:~', ,- ~,:' ,-~/ ~:.f -~ {::'~ f:::. ,:'~i.t:..:.;(t:"~';.r::iHt:.r'i["..;).{:J.,[..j , "'.,.,,' '.AlTAComrnitment.;1970Rev,' ' ' """~":r,r'"':,:~:" ,.f;;,(',\(-)I\()/~:~~,r> ." -" ~){:.).G}r'T){~l:;;J~},f.~V. '. .l.. \i .J-, ',; ~ 1< "l,......:...~ .'-OJ ~,'" OLD REPUBLIC NATIONAL TITlE INSURANCE CO:~PANY, a Minnesota corporatIOn, herein called the Company, lor a valuable consideration, hereby commits to issue its policy or policies 01 tille msurance, as idemified in Schedule A, in favor of thE: proposed Insured named In Schedule A, a~ owner or mortgagee of the estate or Interest co'med hereby in the land described or referred to in Schedule A, upon payment of the- premiums and charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof, This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such pallC'f or policies 01 title insurance and allliabililY and obligations hereunder shall cease and terminate six months after the effective date hereof or when the paliq or poliCies committed for shall issue, whichever first occurs, provided thaI the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument, 2. If the proposed Insured has or acquires actual knovvledge of any defect. lien, encumbrance. adverse claim or other maner affecting the estate or interest or man gage thereon covered by this Commitment other than those shown in Schedule B hereof. and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by fadure of the proposed ~nsured to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, ad'lerse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith lal to comply with the requirements hereof or (bl to eliminate exceptions shown in Schedule B, or lc) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and made a pan of this Commitment except as expressly f!1odified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this ComMitment. ~ * * * h\,. it* it 'f\, .. .. *-l'** STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: , 1. Rights or claims of parties in possession not shown by the publiC records. 2. Easements, or claims of easements, not shown by the public recorns. 3. Discrepancies. conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection OI the premises would disclose and which are not shown by the public records. 44f1Y lien. or righl!(l 2 Ilen, for services. labor ormaterialtherelOfore or hereafter furnished, imoosed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other maners, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but pnorto the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by thiS Cam!'nllment. IN WITNESS WHEREOF. Old RepubliC National Tille Insurance Company has caused its corporate name and seal to be hereunto al!lxed by its duly authorized officers on the date shown in Schedule A, to be valid when countersigned by a validating officer or other authorized signatory. _,__.__~q_R.!._E~'"!" 2582 OLD REPUBLIC NATIDNAL TITlE INSURANCE COMPANY A SlOe' Campany 400 Second Avenlie SOlitll, Minneapolis, Minnesota 55401 1612) 311-1/11 By .__~ Allest Ji~/?a/ President Secretary r-, r-, A L T A COM M I T MEN T .._--------. -- -_... SCHEDULE A Our Order # Q372201 For Information Only 308 N, FIRST ST. ASPEN, CO - Charges - TBD Commitment - " TOTAL - - ****WITH YOUR REMITTANCE PLEASE REFER TO OUR ORDER NO.'**** Q372201.**** 1. Effective Date: April 17, 1998 at 5:00 P.M, 2. "TBD" Commitment Proposed Insured: ELAINE L, NOLAN 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: ELAINE L. NOLAN 5. The land referred ~o in this Commitment is described as follows: LOTS K, L, M AND N BLOCK 56 CITY AND TOWNSITE OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO " ----.---------.-.----,.- '~., PAGE 1. -'-'-'- ----------~--_.- --------------- ----~-,. ~, ~ A L T A COM M I T MEN T SCHEDULE B-1 (Requirements) Our Order # Q372201 The following are the requirements to be complied with: 1. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. 2, Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO, NOTE: EFFECTIVE SEPTEMBER 1, 1997, CRS 30-10-406 REQUIRES THAT ALL DOCUMENTS RECEIVED FOR RECORDING OR FILING IN THE CLERK AND RECORDER'S OFFICE SHALL CONTAIN A TOP MARGIN OF AT LEAST ONE INCH AND A LEFT, RIGHT AND BOTTOM MARGIN OF AT LEAST ONE-HALF OF AN INCH. THE CLERK AND RECORDER MAY REFUSE TO RECORD OR FILE ANY DOCUMENT THAT DOES NOT CONFORM, EXCEPT THAT, THE REQUIREMENT FOR THE TOP MARGIN SHALL NOT APPLY TO DOCUMENTS USING FORMS ON WHICH SPACE IS PROVIDED FOR RECORDING OR FILING INFORMATION AT THE TOP MARGIN OF THE DOCUMENT. ,PAGE 2 - _ ....___~."-"c..... "",:::~~"",'~--;"'-"-'.'-' f'\ ~ A L T \.' COM M I T MEN T SCHEDULE B-2 (Exceptions) Our Order # Q372201 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: , 1. Standard Exceptions 1 through 5 printed on the cover sheet. 6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. 8, Liens for unpaid water and sewer charges, if any. 9. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. 10. RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED February 15, 1888 IN BOOK 59 AT PAGE 358 AND RECORDED JUNE 23, 1888 IN BOOK 59 AT PAGE 451, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 11. TERMS, CONDITIONS, PROVISIONS AND ENCROACHMENTS AS SET FORTH IN ENCROACHMENT AGREEMENT RECORDED JULY 30, 1985 IN BOOK 491 AT PAGE 943 AND AS SET FORTH IN INSTRUMENT RECORDED AUGUST 22, 1995 IN BOOK 791 AT PAGE 432. PAGE 3 .--:-.~......,........_....--.,.~.-,.- " ~ . . LAN D ,~ T 1 T L E !""'\ G U A RAN TEE -~._--_.,._.,._-- ._~._.. ~--------- C01,jPANY -.--.._-------_.._----- --~---- DISCLOSURE STATEMENT Required by Senate Bill 91.14 A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer or the County Treasurer' & authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County AssessOr. Required by Senate Bill 92-143 A) A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer'~ authorized agent. _._-----_._~.~-.. - -...._.-..-- ....-.-----..- '" ,;.',;~;;, , ~ ,-, ,'c",,:, ; Land Title Guarantee Company YOUR CONTACTS Date: 02~8-1999 Our Order Number: Q372201-2 Property Address: 308 N FIRST STREET ASPEN, CO 81611 BuyerlBorrower: TBD SeIler/Owner: ELAINE L. NOLAN AND WILLIAM C, NOLAN, JR. If you have any inquiries or require further assistance, please contact one of the numbers below: For Closing Assistance: For Title Assistance: 533 E, HOPKINS #102 Aspen Title Dept. ASPEN, CO 81611 Darin Axthelm Phone: 533 E, HOPKINS #102 Fax: ASPEN, CO 81611 Phone: 970-925-1678 Fax: 970.925-6243 ESTIMATE OF TITLE FEES TBD Commitment $0.00 THANK YOU FOR YOUR ORDERI , f' ("""'\ ~ Old Republic National Title Insurance Company ALTA COMMITMENT Schedule A Our Order No. Q372Z01-Z Cust. Ref.: Property Address: 308 N FIRST STREET ASPEN, CO 81611 1. Effective Date: February 02, 1999 at S:OO P.M. Z. Policy to be Issued, and Proposed Insured: "TBD" Commitment Proposed Insured: TBD 3, The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4, Title to the estate or interest covered herein is at the effective date hereof vested in: ELAINE L. NOLAN AND WILLIAM C. NOLAN, JR. 5. The land referred to in this Commitment is described as follows: LOTS K, L, M AND N BLOCK S6 CITY AND TOWNSITE OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO , ~ r'\ ,'-', , ALTA COMMITMENT ., : " (RequIrements) Our Order No. Q372201-2 The followIng are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or inteJ'est to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: THIS COMMITMENT IS FOR INFORMA nON ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. , .. /"'''' ^ . ALTA COMMITMENT (Exceptions) Our Order No. Q372201-2 The polley or policies to be Issued will contain exceptions to the following unless the SlIme are disposed of to the satisfaction of the Company: , 1, Rights of claims of parties in possession not shown by the public records, 2, Easements, or claims of easements, not shown by the public records. 3. Discrepancies, contlicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien. for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. ' 5, Defects, liens encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. 8. Liens for unpaid water and sewer charges, if any, 9, THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA, 10, RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED FEBRUARY 14, 1888 IN BOOK 59 AT PAGE 358 AND RECORDED JUNE 23, 1888 IN BOOK 59 AT PAGE 451 PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 11. TERMS, CONDITIONS, PROVISIONS AND ENCROACHMENTS AS SET FORTH IN ENCROACHMENT AGREEMENT RECORDED JULY 30, 1985 IN BOOK 491 AT PAGE 943 AND AS SET FORTH IN INSTRUMENT RECORDED AUGUST 22, 1995 IN BOOK 791 AT PAGE 432. , ~ .. f;:. !""'\ /""'\ '""",, , LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENT Required by C.R.S. 10-11-122 A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Conunissioners, the County Clerk and Recorder, or the County Assessor. Effective September I, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at lease one half of an inch, The clerk and recorder may refuse to record or me any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document, ~';_.- "", - ~"" ~*' tS '.\P~~ ~ ~ ii: /-"::"'--,.r" I , "I$/~~/Bijd-S~'_'/ ?;y; i ,.; . / i 0;-, '- "''iIS'QQ!!~~,~ f '" , ~ ~/ i ~ ~ ..._--;-,. .----L t.q ,/ i L,! ! /.~ it --?/ ~'t"-" ,',' !,.( Qj 'i"lin"OlrH'S_'f ., '" , I ! ! !";' i"~'_L f " /: / '--"" 's,eU.'eb$.---7_'l~,,/__,-'1_ 1S'lqpi, ", / ! i :S-e". f "- '-vN [--....--...1, ; ;' / I f ~&$ \ 5 I ''--'----;-''",-,-;-..." I r! 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' ,',;, ,,0 " /,.~ ---~ .~t;, l/ ~. <5' _'!;i._ \ /\ .'-~'~d:-'- nt3il' . a~u .-' ~ed 1'1' // ~ .-' '~Vr'''W:--'i &; ! I ."'--"""'-.......... ~,-.' ~S 1I19/fr"-'._~, '-J..~ ltr !,..;____" :t; i ~ ~ ~ ~ / ~--- .,.. -.~--""'''-- i "--"---: '\ , J .' (.\"--. ~. "~- 't::' '-/S/JJeN oS! CI:I ;';tf ~. It! -./I ~'--~ (5' ~. '" -~ i ; ..'Siiiii'N .'/ , ~- --.J.' 'Sq;< AI :-..' ' ,~ "".- its,/roN)____! ' ~ " 0: .""~U7' ,{JfsiiUs.:/ ~ il: , :;; -~..:& o Q.' " ~:~}( ..{-.,,- ...,.L._ \ .- , I '>_1-1 "'" .", ~ ~'. \ '__..l "N7 .. ~ ,,:!:; l::' i"""l h""p. .. .$'.....6 I ~%, / r--' -I. ~ Vi,. ~ '0/ /~ \~ ;~'1~ ) ~,=:; \ -----., .oc:!t-',G;:'__" \ ~.s>"'vqo \ ~b9...... '~Ir ~ r", c " c '"' o l'I.l = Is:: ,~ ,~ ~f: :- 00. 1 c. .. :; ~ :EC"tI .~ q) >~ ~r-;: "5. a... "'.\1! 0"" ... c .. '0 z I i ~ I : i J 1 :i I' j J . ""'-.--~7.~'~"~-~~"-"-'---- 1"". ".,...,. NEIGHBORING OWNERSIPROPERTIES (within 300' of Nolan Lot Split) " '."'" ~ ~ Thomas & Noel Congdon - Trustees \ Congdon Qualified Personal Res Trust 1776 Lincoln Street, Ste. 1100 Denver, CO 80203 Joun Tobin 1850 K Street NW, Suite 380 Wushington, D,C. 20006 Property Address: 202 W. Frnncis Legal Description: Block 48, Lots R,S Schedule Number: 317 Property Address: 210 W, Francis Legal Description: Block 48, Lots P,Q Schedule Number: 1185 Maurice Tobin 1850 K Street NW, Suite 380 Washinglon, D,C. 20006 George Vicenzi Box 2238 Aspen, CO 81612 Property Address: 212 W, Francis Legal Description: Block 48, Lots N,O Schedule Number: 1338 Property Address: 201 W, Francis Legal Description: Block 49, Lots F,G,H,I Schedule Number: 1123 Marybelle Robinson 2552 E, Alameda, Ste, #97 Denver, CO 80209 Beryl Arthur Erickson Mary Elizabeth Erickson Box 1207 Aspen, CO 81612 Property Address: 200 W. Hallam Legal Description: Block 49, Lots Q,R,S Schedule Number: 1110 Property Address: 220 W, Hallam Legal Description: Block 49, Lots N,O,P Schedule Number: 439 West End Partnership, LLC 520 E, Cooper Ave, Aspen, CO 8161 I \ _< ~"c'" L-<-<- ) Cre..f lJ),C~' -I~ Esther Leonard De Vos Box 3238 Aspen, CO 81612 Property Address: 302 N. 2nd. St. Legal Description: Block 49, Lots K,L,M Schedule Number: 805 Property Address: 316 N, Second St. Legal Description: Block 49, Lots A,B,C Schedule Number: 845 John Cooper 1',0. Box 1747 Springfield, MO 65805 -<" G<'-C\:',-\;\. \ uz....,\co........ .)e_s Munday - Tru.t Number One 1',0. Box 1689 Austin, TX 78767 Property Address: 2_ W, Francis Legal Description: Block 49, Lots D,E Schedule Number: 569 Property Address: 201 W, Hallam Legal Description: Block 50, Lot.< G, H, I Schedule Number: 468 ~ ~ ,..,.'", Rameta Smart \ 3351 Woodhaven Rd, Atlanta, GA 30305 Esther Benninghoff 233 W, Hallam Aspen, CO 81611 Property Address: 229 W. Hallam Legal Description: Block 50, Lots East 23.36 Jeet lot 0 & west 13.54 feet lot E Schedule Number: 1363 Property Address: 233 W. Hallam Legal Description: Block 50, Lots A,B,C & West 6,64 feet Lot I Schedule Number: 120 William Lloyd Davis, Trustee Davis Living Trust 4924 Balboa Blvd. #489 Encino, CA 91316 Lesley Stevens Bruce Stevens 214 W, Bleeker Street Aspen, CO 81611 Property Address: 200 W, Blecker Legal Description: Block 50, Lots East /0' lot P,Q,R,S Schedule Number: 1455 Property Address: 214 W, Bleeker Street Legal Description: Block 50, Lots East 10' lot N, lot 0 & west 2 10tP Schedule Number: 727 Phillip N, & Susan J, West 2114 Mt. Calvary Rd. Santa Barbara, CA 93/05 Alderwood Securities, LTD Sam Pacor Secoma 24 BD Princess Charlotte, Me 98000 Monaco Property Address: 2_ W, Hallam Legal Description: Block 50, Lots East 16.46' oflot E, F Schedule Number: 92 Property Address: 120 W, Francis Legal Description: Block 55, Lots N,O & P Schedule Number: 655 Aspen Valentine, LLC clo Garfield & Hecht 601 E, Hyman Ave. Aspen, CO 81611 QP Manclark Residence - Trust William & Darlene Manclark - Trustees 313 E, Bay Front Balboa Island, CA Property Address: 4/0 N. First .. Legal Description: Block 55, Lots K & west 112 ofL Schedule Number: 1025 Property Address: 126 W. Francis Legal Description: Block 55, Lots east 1/2 lot L, M Schedule Number: 671 David Levy Times Square Bldg 45 Exchange Street Rochester, NY 14614 Jonathan Lewis Roberto Posada 4649 Ponce De Leon Blvd" #304 Coral Gables, FL 33146-2119 Property Address: 100 W. Francis Legal Description: Block 55, Lots Q,R,S Schedule Number: 815 Propert~. Address: 414 N, First St. Legal Description: Block 55, Lots A,B,C,D,E,F,G,H,I Schedule Number: 8009 I""- ~ , ~."".' " Paul Fabry 1127 Bourbon Slreet Ncw Orlcans, LA 70116 Jack Vickery 100 S, Spring Slrecl Aspcn, CO 8161 I Property Address: J 35 W. Francis Legal Description: Block 56, Lots A & west 112 B Schedule Number: 453 Property Address: 129 W, Francis Legal Des<:riptlon: Block 56, Lots Vickery Historic Lot Split "B Schedule Number: 15680 Gregory Erwin 11248 John Gall Blvd, Omaha. NE 68137 Bruce Hartwig 569 Ponle Vedra Blvd Ponle Vedra Beach, FL 32082 Property Address: 10 1 W, Francis Legal Description: Block 56, Lots H & I Schedule Number: 1152 Property Address: III W, Francis Legal Description: Block 56, LOIs F & G Schedule Number: 1389 Frederick Henry 100 W, Hallam Aspen. CO 81611 Robert and Monica New 11414 N, Bayshore Drive North Miami, FL 33181 Property Address: 100 W, Hallam Legal Description: Block 56, Lots O,P,Q,R,S Schedule Number: 602 Property Address: 123 W, Francis Legal Description: Block 56, Lots Vickery Historic Lot Split "A Schedule Number: 15679 Yellow Brick School Aspen School District 235 High School Rd, Aspen, CO 8161 I Given Institule Regents of University of Colorado Boulder, CO Property Address: 215 N, Gannisch Legal Description: Block 57, Lots A,B.C,D,E.F,G,H.I,K,L,M,N,O,P,Q.R,S Schedule Number: 14244 Property Address: Legal Description: Block 63, Lots A. F el al Schedule Number: 14786 Rcd Brick School City of Aspen 130 S, Galena Aspen. CO 81611 J amcs & Patricia Gorman 1426 Rose Glen Rd, GI"dwyne, PA 19035 ~v ~f\"'~ -p-vS<<'\- Property Address: W, Hallam SI. Legal Description: Block 64, LoIs All Schedule Number: 13990 Property Address: 10 I E, Hallam Legal Description: Block 65, Lots A & Wcst 4.86 feet of B Schedule Number: 798 '" ",....., ~ '. t..d, , 1 . ... " \.. ~~ 'Donald Paul Krumm Box 874 Aspen. CO 81612 Property Address: 105 E, Hallam St. Legal Description: Block 65. Lots West 25.14' lot B. C Schedule Number: 81 1 ~\ ~ 4 . .,.. ~ Nolan Lot Split 17 February 1999 Attachment 5 Review Standards A The land is not located in a subdivision nor is it a metes and bounds parcel. The property consists of four original townsite lots, B. The proposed lot split will create no more than two (2) lots, both lots conforming to the requirements of the R-6 Zone District. When developed, the new lot to be created by the lot split will mitigate for affordable housing pursuant to Section 26.100,050 (A)(2)(b), C, The lot under consideration was not previously the subject of a subdivision or lot split exemption, D, A proposed subdivision plat is attached for review by City staff Based on that review, a revised plat will be submitted for recording by the Pitkin County Clerk and Recorder after approval, Said plat will indicate that no further subdivision will be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to applicable codes, E, The subdivision exemption and plat will be recorded in the office of the Pitkin county Clerk and Recorder within one hundred eighty (180) days following approval by the City Council. The applicant understands and acknowledges that failure to so record within the specified time shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause in order to reinstate the validity of the plat, F, It is understood that the existing single-family dwelling which occupies the site need not be demolished prior to this application or the granting of an approval for a lot split, The existing single family dwelling will be demolished or appropriately truncated prior to an development on the lot proposed to be created by the lot split, G, It is understood that the maximum potential buildout for the two (2) parcels created by this lot split may not exceed three (3) units, which may consist ofa duplex and a single-family home,