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HomeMy WebLinkAboutcoa.lu.ec.Nolan Lot Split A016-99 2735-124-21005PN: 2735-124-21005 Case A016-99 Nolan Lot Split C L U;. J' / COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City of Aspen Land Use: 1041 Deposit 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: 1163 City Engineer 1205 Environmental Health 1 190 Housing (CL� Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection Other Fees: 1006 Copy 1302 GIS Maps 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu Performance Deposit 1268 Public Right-of-way 1164 School District Land Ded. TOTAL r NAME: ADDRESS/PROJECT: PHONE: CHECK# XD1I �_— CASE/PPRMI #: # OF COPIES::' DATE: INITIAL: • • CASE NUMBER PARCEL ID # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNERIAPPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY A016-99 2735-124-21005 Nolan Lot Split 308 North First Street Chris Bendon Lot Split William C. Nolan Stan Clauson 4/26/99 Ord. 9-99 3/6/00 Chris Bendon ........... . b PARCEL ID: 2735-124-21005 DATE RCVD' 2/17/99 15 CASE NAME: Nolan Lot Split PROJ ADDRI 308 North First Street CASE TYP: Lot Split OWN/APP: William C. Nolan ADR 308 N. First Street C/S/Z Aspen, CO 81611 °REP: Stan Clawson AOR: 200E Main Street ClS/Z: Aspen, CO 81611 FEES DUE: 1110 (d) + 160 (e) + 160 (h) FEES RCVD; 1430 CAS.; � A016-99 PLNR: (_ j :STEPS:1 PHN: 920-1524 PHN:925-2323 TAT: REFERRALS REF: BY DUE: MTG DATE REV BODY PH NOTICED`" DATE OF FINAL ACTION: REMARKS CITY COUNCIL: PZ: CLOSE BOA: DRAC: PLAT SUBMITD: PLAT (BK,PG): ADMIN: [:45�7.4 41115'Z.? -� Ar "ULOI I l4 C. 1 , ° �jlO�� wl J►�-� �-- �u��„ `rva-c., - recc twww, 4 o eo&cl4i,-CA CL/Ak � C�WicL^, WA� 44� couwA�-a4 44- �11 MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager John Worcester, City Attorney 1 Julie Ann Woods, Community Development Director , Joyce Ohlson, Deputy Director FROM: Christopher Bendon, Planner AW) RE: Nolan Lot Split — 308 North First Street Ordinance No. 9, Series of 1999. Second Reading and Public Hearing (continued from April 12, 1999) DATE: 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. `:1_ I 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. • 0 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 2 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 to be 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 '/z 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 of D.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 of the 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 fagade 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 of a true restoration. 2 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 4AA11 �Z 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. fie.! - c � ►�-�.1� ►�� A member of the City Parks Department will be in attendance during the public hearing 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). LOT SIZE: Existing: 12,000 square feet. Proposed: Two lots of 6,000 s.f. each.'(J FAR: ,1- ?'►5�� 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 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: A Lot Split Plat, meeting the requirements of Section 26.88.040(D)(2)(a)(1), 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 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. 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. 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 of fill 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. 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 sa 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 Fagade Drawing Exhibit H -- Site Plan Exhibit I -- Parks Department Referral 5 • 0 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 conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.100.050(A)(2)(c). Staff Finding: Both proposed Lots conform 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 conform 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 terms of this chapter, and conforms 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 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 26.100.050(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: Staff has 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. mftml�mm 1� ............. - --------- - --- . .... ... VVI r HISTORIC ARCHITECTURAL BUILDING/STRUCTURE FORM State Site Number: Local Site Number: 124.WH Photo Information: ASP-F-26, 27 & 28 Township 10 South Range 85 West Section 12 USGS Quad Name Aspen Year 1960 X 7.5' 15' Building or Structure Name: 124 W. Hallam House / M.V. Chamberlin House Full Street Address: 124 West Hallam Legal Description: Lots E1/3 L M City Aspen County Pitkin Historic District or Neighborhood Name: Hallam Lake Historic District Owner: Private/State/Federal Owner's Mailing Address: ARCHITECTURAL DESCRIPTION Building Type: Residential Architectural Style: Dimensions: L: x W: = Square Feet: Number of Stories: 2-Story Building Plan (Footprint, Shape): Irregular with southeast corner turret (e 2) Landscaping or Special Setting Features: None Associated Buildings, Features or Objects - Describe Material and Function (map number / name): Northeast single -gabled garage: clap- board; with gabled end verge board; center north: single-gabeled clapboard out building same as other; northwest garage: single -gabled with side dormer, clapboard wood scalloped shingles at gable ends and cutout verge board For the following categories include materials, techniques and styles in the description as appropriate: Roof: Cross -gabled with hipped turret, with brackets and gingerbread trim at eaveline; wood shingles Walls: Clapboard with fishscale at gable ends Foundation / Basement: Unknown Chimney(s): New: south center, corbelled brick Windows: 1st story: vertical fixed light; 2nd story, west 2 hipped gable dormers; 2nd story typical one -over -one double hung with shutters and decorative lintel; turret: decorative panels, brackets and dentils Doors: South (old front?); 4 panel West (new front ?); pair 1/2 light cut glass with large transom and side lights Porches: Shed roof, west side with square posts with brackets on General Architectural Description: porch has been enclosed, fireplace bitched roofs of front gable and cross gable with long harrow w 1vows verge boara decorating the ganie is simple DUL n%.A horizontal clapboard of 18901s; large 1987 turret dramatically alters massing • • Page 2 of 2 FUNCTION Current Use: Original Use: Intermediate Use: Residential Residential State Site Number --� Local Site Number 124.WH ARCHITECTURAL HISTORY Architect: Unknown Builder: Unknown Construction Date: 1887-88 _ Actual _ Estimate _ Assessor Based On: MODIFICATIONS AND/OR ADDITIONS Minor Moderate Major X Moved Date Describe MpdificatioT and Da e: Completely renovated i Additions and(pate:i Turret 1987• west carport NATIONAL/STATE REGISTER ELIGIBILITY AND CRITERIA Is listed on National Register; State Register Is eligible for National Register; State Register Meets National Register Criteria: A _ B _ C _ D _ E Map Rey Local Rating and Landmark Designation Significant: Listed on or is eligible for National Register A Contributing: Resource has maintained historic or architectural integrity. O Supporting: Original integrity lost due to alterations, however, is "retrievable" with substantial effort. Locally Designated Landmark Justify Assessment: Associated Contexts and Historical Information: The significance of this residential structure historically is not of those who owned it j or lived in it, nor of its architecture, although this structure is representative of Aspen's early mining era This modest structure is of historical importance by illustrating the family/home environment and lifestyles of the average citizen in Aspen which was dominated by the silver mining industry Other Recording Information Specific References to the Structure/Building: Pitkin County Court- house Records; Sanborn and Sons Insurance Maps Archaeological Potential: (Y or N) Justify: Recorded By: Date: March 1991 Affiliation: Aspen Historic Preservation Committee - City of Aspen Project Manager: Roxanne Eflin Historic Preservation Officer/Planner • J 0 • Paso�s ai Ve- ",l { —ell e---, 1 b4ee-A Cal" J; c Aerel 3� ij is art �a S. OLA �- �'� r ie.� se ee �,e,C es, 12a of , As: P way, 1-1� l�.oC n_ c . _ A. Z Gi1 GZ ' lPi /UO,� i 4Z-!7 a �l Ufa �iQfl-�fffl�d� �/ all -alle 1VV!`L1C1k/ "I--" "— - t ti rI-c i t%L --- /-i/l L-> -- ai -W m*, `o Cb 4-S MA4 OltZIRK HISTOR ARCHITECTURAL BUILDING/STRUCTURE State Site Number: Local Site Number: 124.WH Photo Information: ASP-F-26, 27 & 28 Township 10 South Range 85 West Section 12 USGS Quad Name Aspen Year 1960 X 7.5' 15' Building or Structure Name: 124 W. Hallam House / M.V. Chamberlin house Full Street Address: 124 West Hallam _ Legal Description: Lots E1/3L, M City Aspen County Pitkin Historic District or Neighborhood Name: Hallam bake Historic District _ Owner: Private/State/Federal Owner's Mailing Address: ARCHITECTURAL DESCRIPTION Building Type: Architectural Style: Dimensions: L: x W: = Square Feet: Number of Stories: 2-Story - Building Plan (Footp int, Shap ): Irre la with outhea t orne turret l e.21 �"h.;t► 10 f p5� vr�nz r, r4. i . Landscaping or Special /Setting Features: None Associated Buildings, Features or Objects - Describe Material and Function (map number / name): Northeast -single -gabled garage: clap- board; with gabled end verge board; center north: single-gabeled clapboard out building same as other; northwest garage: single-cLabled with side dormer, clapboarq, wood scalloped shingles at gable ends and cutout verge board --' 254Q For the following categories include ma erial echniques and styles in the description as appropriate: Roof: cross -gabled with hinged turret, with brackets and gingerbread_ trim at eaveline: wood shingles -- Walls: Clapboard with fishscale at gable ends Foundation / Basement: Unknown Chimney(s): New: south center, corbelled brick Windows: Ist story: vertical fixed light; 2nd story, west 2 hipped gable dormers; 2nd story typical one -over -one double hung with shutters % and decorative lintel; turret: decorati a panels, brackets and dentils ``EE � Doors: s t. t ches: i V1 w sandstone wall base General Architectural Description: Ret ns or Qinal character but Page 2 of 2 FUNCTION Current Use: Original Use: Intermediate Use: Residential Residential MODIFICATIONS AND/OR ADDITI Minor Moderate Major DescrilMLMoclif ications an State Site Number Local Site Number 124.WH ARCHITECTURAL HISTORY Architect: • Unknown Builder: Unknown Construction Date: 1887-88 _ Actual _ Estimate _ Assessor Based On: .. • - • - - - ,J•• Date NATIONAL/STATE REGISTER ELIGIBILITY AND CRITERIA _ Is listed on National Register; State Register Is eligible for National Register; State Register Meets National Register Criteria: A B ` C __.. D E -- Map Key Local Rating and Landmark Designation Significant: Listed on or is eligible for National Register Contributing: Resource has maintained historic or Ll architectural integrity. 0 Supporting: Original integrity lost due to alterations, however, is "retrievable" with substantial effort. Locally Designated Landmark Justify Assessment: Associated Contexts and Historical Information: The significance of _ !' 1 t S A '7 forma ioa 5 an' other Rebor n n Specific References to the Structu e Building: _Pi -,kin County Court- _ house Records: Sanborn and Sons Insurance Maps Archaeological Potential: (Y or N) Justify: Recorded By: Date: March 1991 Affiliation: _ Aspen Historic Preservation Committee - City of Aspen 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. 124 W. HALLAM 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 0 0 r Historic Preservation Committee Minutes of March 18, 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 fire place. 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 �N CLIL SON ASSOCLUES, LLC Planning • Urban Design Transportation Studies Project Management I EAST 'MAIN STREET ASP ASPEN, COLORADO 81611 TELEPHONE: 970.92 5.232 3 F.vc:970.920.1628 Memo E-MAIL: clausongcsi.com To: Chris Bendon, Community Development Planner DECEIVED From: Stan Clauson CC: Amy Guthrie, Community Development HPO APR 2 " 1999 Date: 8-Dec-98 ASPEN i PITKIN,�,►,,.,r, rini=t.n��F�- Re: Nolan Lot Split-308 N. First Street 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 "nonconforming 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 distract 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 increased nor may it be continued if the nonconforming 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 nonconforming structure. The original footprint retains its approximate 2 % foot setback from the property line separating Lots L and 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 nonconformity 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 26.88.030(A)(2)(b) states that: "No more than two (2) lots may be created by the lot split, both lots conform to the underlying zone district." The applicants do not believe that this provision applies to a pre-existing nonconformity of the original house on the site. Both lots will in fact conform to the requirements of the underlying R-6 zone district in that they will be legal 6,000 square foot lots: one lot with an existing house restored to its original nonconforming footprint on the West elevation, • Page 1 PLANNING AND DEli(;N SOLUTION_ FOR COMMUNITIES AND PRIVATE SECTOR CLIENT 0 0 and one lot which can support new development where 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 West facade would 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 closer conformance with its original form and massing. The suggested condition would 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 would appreciate your including this condition in your memo to City Council for their continued hearing of the Nolan Lot Split on 26 April 1999. 1 would be happy to discuss this request with you prior to the meeting, please give me a call at your convenience. 0 Page 2 1-: co PEP OLP I LO LO iLkr,!-,F- sal&4yh MT �� -J • PF/ 9711 00/ S3 0 NVIA •M SF/ gZ/ E'L/ /0/ a� ,x 4 r \ IL n � `n � Z• �O o ov, Y G � � QYa r, m u Z W • z DOI • � F/ P.?/ 9// 00/ rW,« t44 qfVVF L IAO - _ - /= e %Z TYP. f ' � rr1L1�11� � `AiJc - _ 3 A3 CITY 6 TOWNSIVE W- PITKIN COUNTY, COLT 1) � LOT A / 4VI, A MANHOLE 26. I' \ / LOT i / ae �� / LOT I INCH IO FEET WR[ ORNER [NCROMT� �I� 0 7 10 IS i0 E"`*D ll All /1/_07- % OC CONTOUR INTERVAL 17 I FOOT AO1FF�FHF RI DFl L A [wCJOAOR[NI / ,. ® JS 4 01 7p 0. J 3A L� IIV-Jf }aLR_ / 7 'JJ - fSEET CORNE.RJ �'?O. pI• O. v' •/- EM9AOYEMi 4 I• I RED CA? 9 j 'C7T " ` 16129 r _ L ��•Rlr>' // ��- — / _/~` L l[.�• •: BOO I ac °• 'FN, / 2 / RED•CAP ---c�-.rr ,,. 1 OT 8 A77ifl ; / W \ cr7� ".Cr � LOT 1 °7 J °. / r/'A - AREA - 6.002 70.FT. • J r 6 t. I�.7. 0.137E ACRES •/• I IREiIR?NT ���� - - LOT 2 °T N O / AREA - 6,002 SOFT. •/- 0.1375 ACHES •/- 2.4 ORT / DELL •. J. g '♦ i Stp.Y 0.1. t °pM F� a • , '0' k F J 'FLOOR 8 ILL :8 LOT 0 �+ S J_ �• Ie Y `_ - IJ,�` / °. FFNC[ EM[[OIO(7 0.3 4 " Cr SET 2 °IT COR. \N0.4 RE6AN TEL b lS'6• .O VC16129' + io � °j OTr•� /J� ° DlITS7y�E o. � 1 \ I CORNER °. ® GUNNER 4spc* ALUM OIS IN '16129' IM CONCAVE oma W ' -Y1 l 4 I00 � � AC Memorandum TO: Chris Bendon Community Development ment FROM: Rebecca Schickling, Assistant Parks Director DATE: March 17, 1999 RE: Nolan Lot Split 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 driplines 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 find a location on site to relocate any trees. And finally, there is one 11 inch Ponderosa Pine that is in serious decline that would be allowed to be removed without mitigation being required. 0 u.A 'Li C jkl-C' 4k v� _ A I' -- O a. w.c✓ p it 'n II Tv a 'T �, vim-,- w` •�. Iv1*u[1]17:X111i3UJ TO: Mayor and City Council THRU: Amy Margerum, City Manager John Worcester, City Attorney Julie Ann Woods, Community Development Director Joyce Ohlson, Deputy DirectorlAv FROM: ChristopherBendon,Planner -D� �o� 5��;� �,`I ,S C{'�1��2�✓ RE: Nolan Lot Split — 308 North First Street 6�AMbS e 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 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, 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 • 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: 12,000 square feet. Proposed: 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 "D." RECOMMENDATION: 2 Staff recommends City Council adopt Ordinance No. 9, Series of 1999, upon second reading. This Ordinance contains the following recommended conditions of approval: A Lot Split Plat, meeting the requirements of Section 26.88.040(D)(2)(a)(1), 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. 11 y 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 relocation of trees as per Section 13.20.020 of the Code, as amended. There shall be no excavation or storage of fill materials within the tree driplines. 4. 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�pk� Certificate of Occupancy. 5. 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. 6. 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. 7. 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. 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 so RECOMMENDED MOTION: "I move to adopt Ordinance No. 9, Series of 1999, upon second reading." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Comments 3 Exhibit B -- Vicinity Map Exhibit C -- Site Plan Exhibit D -- Development Application 4 w r TOwNyIfE U CITY d � PITKIN COUNTY, COLA LOT A ! si \ ! I wMglE \ pi I LOT / 1 L Qb LOT C v WITNESSCOME MR ml gWEf`FNi °ipEl l/� fj /� °• l! 4'RII.QE ', I _ '�. A RR 79l •p .3I JE °. ! 91 �, ! / T CORNER ' r1 '�-120 0. 0. °• •I- E•CROACHENT / RED 4SAAt 7 m 0129 9j !/ E le.,QUO bE'0 ° 1 II 0 -! • NO. . REF k : _ 7, �. aa•ENJ RED CAR h � OST Ir" ! OT Cr4 "�� , LOT 1 _ AREA • e,002 so.FT. •i- : •? - ! 0.1374 ACHES /• ,EENENT ci I LOT 2 A for N ll•hr oR a' •� ! AREA • e.002 SO.FT. •7- 0.1370 ACRES •7- DRT J REu ,3j• e,• g I. •crr '+e o' •aDn r� s ' ' l e'c fluff no" 8 ' - REOJF ' 8 / ,ego. _ _ LOT 0 ✓ FENCE ENCROI.OE7 0.3 2C0WI WITNESS ER ISO 'a'Jb�`crrk% TucA CO.- 98— 7 .,• 7c� �_ °'crrAbJy iryt SET xIT C0R F,' r] 1 \MREB0.1 RERAR TEI-b RC 161 x9' .IS, SI]' rRC�O O700 j fJ! l7p 01. 02, cg4•,.IE7 hr� utE r20 ". arrEE \ .D A ® x VITNESS 0. Co*NEA ALLIN CONCRETE Ar4 r I • Attachment 8 • County of Pitkin SS. State of Colorado I. F.L. Stan Clauson AFFIDAVIT OF NOTICE PURSUANT TO ASPEN LAND USE REGULATIONS SECTION 26.52.060(E) . 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: By mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.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 9 (which is 12 days prior to the public hearing date of A p r i l 12, 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 March , 199_, to the 13 *y of A p r i 1 , 199 9 . (Must be posted for at least ten (10) full days before the hearing date). A photograph of the posted sign is attached hereto. (Attach photograph here) Signature Signed 'before me this fathday of Q� 1999. by WITNESS MY HAND AND OFFICIAL SEAL My Commission expires: I I_ a _ a ao I Notary Public Nancy Ramaley / Notary Public 0031 Eagles Nest Court Carbondale, CO 81623 My Commission expires 11.24.2001 Thomas & Nocl Congdon - Trustees Congdon Qualified Personal Res Trust 1776 Lincoln Street, Ste. 1100 Denver, CO 80203 Property Address: 202 W. Francis Legal Description: Block 48, Lots R,S Schedule Number: 317 Maurice Tobin 1850 K Street NW, Suite 380 Washington, D.C. 20006 Property Address: 212 W. Francis Legal Description: Block 48, Lots N,O Schedule Number: 1338 Marybelle Robinson 2552 E. Alameda, Ste. #97 Denver, CO 80209 Property Address: 200 W. Hallam Legal Description: Block 49, Lots Q,R,S Schedule Number: 1110 sl West End Partnership, LLC 520 E. Cooper Ave. Aspen, CO 81611 Property Address: 302 N. 2nd. St. Legal Description: Block 49, Lots K,L,M Schedule Number: 805 John Cooper1a� P.O. Box 1747 Springfield, MO 65805 Property Address: 2_ W. Francis Legal Description: Block 49, Lots D,E Schedule Number: 569 Joan Tobin 1850 K Street NW, Suite 380 Washington, D.C. 20006 Property Address: 210 W. Francis Legal Description: Block 48, Lots P,Q Schedule Number: 1185 George Vicenzi Box 2238 Aspen, CO 81612 Property Address: 201 W. Francis Legal Description: Block 49, Lots F,G,H,I Schedule Number: 1123 Beryl Arthur Erickson Mary Elizabeth Erickson Box 1207 Aspen, CO 81612 Property Address: 220 W. Hallam Legal Description: Block 49, Lots N,O,P Schedule Number: 439 Esther Leonard De Vos Box 3238 Aspen, CO 81612 Property Address: 316 N. Second St. Legal Description: Block 49, Lots A,B,C Schedule Number: 845 Munday - Trust Number One P.O. Box 1689 Austin, TX 78767 Property Address: 201 W. Hallam Legal Description: Block 50, Lots G, H, I Schedule Number: 468 Pame;a Sinart • 3351 Woodhaven Rd. Atlanta, GA 30305 Property Address: 229 W. Hallam Legal Description: Block 50, Lots East 23.36 feet lot D & west 13.54 feet lot E Schedule Number: 1363 William Lloyd Davis, Trustee Davis Living Trust 4924 Balboa Blvd. #489 Encino, CA 91316 Property Address: 200 W. Bleeker Legal Description: Block 50, Lots East 10' lot P,Q,R,S Schedule Number: 1455 Phillip N. & Susan J. West 2114 Mt. Calvary Rd. Santa Barbara, CA 93105 Property Address: 2_ W. Hallam Legal Description: Block 50, Lots East 16.46' of lot E, F Schedule Number: 92 Aspen Valentine, LLC c/o Garfield & Hecht 601 E. Hyman Ave. Aspen, CO 81611 Property Address: 4ION. First Legal Description: Block 55, Lots K & west 1/2 of L Schedule Number: 1025 David Levy Times Square Bldg 45 Exchange Street Rochester, NY 14614 Property Address: 100 W. Francis Legal Description: Block 55, Lots Q,R,S Schedule Number: 815 Esthcr Benninghoff• 233 W. Hallam Aspen, CO 81611 Property Address: 233 W. Hallam Legal Description: Block 50, Lots A,B,C & West 6.64 feet Lot I Schedule Number: 120 Lesley Stevens Bruce Stevens 214 W. Bleeker Street Aspen, CO 81611 Property Address: 214 W. Bleeker Street Legal Description: Block 50, Lots East 10' lot N, lot 0 & west 2 lot P Schedule Number: 727 Alderwood Securities, LTD Sam Pacor Secoma 24 BD Princess Charlotte, Mc 98000 Monaco Property Address: 120 W. Francis Legal Description: Block 55, Lots N,O & P Schedule Number: 655 QP iVianclark Residence - Trust William & Darlene Manclark - Trustees 313 E. Bay Front Balboa Island, CA Property Address: 126 W. Francis Legal Description: Block 55, Lots east 1/2 lot L, M Schedule Number: 671 Jonathan Lewis Roberto Posada 4649 Ponce De Leon Blvd., #304 Coral Gables, FL 33146-2119 Property Address: 414 N. First St. Legal Description: Block 55, Lots A,B,C,D,E,F,G,H,I Schedule Number: 8009 • Paul Fabry 1 127 Bourbon Street New Orleans, LA 70116 Property Address: 135 W. Francis Legal Description: Block 56, Lots A & west 1/2 B Schedule Number: 453 Gregory Erwin 1 1248 John Galt Blvd. Omaha, NE 68137 Property Address: 101 W. Francis Legal Description: Block 56, Lots H & I Schedule Number: 1152 Frederick Henry 100 W. Hallam Aspen, CO 81611 Property Address: 100 W. Hallam Legal Description: Block 56, Lots O,P,Q,R,S Schedule Number: 602 Yellow Brick School Aspen School District 235 High School Rd. Aspen, CO 81611 Property Address: 215 N. Garmisch 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 Red Brick School City of Aspen 130 S. Galena Aspen, CO 81611 Jack Vickery 100 S. Spring Street Aspen, CO 81611 Property Address: 129 W. Francis Legal Description: Block 56, Lots Vickery Historic Lot Split "B Schedule Number: 15680 Bruce Hartwig 569 Ponte Vedra Blvd Ponte Vedra Beach, FL 32082 Property Address: 11 1 W. Francis Legal Description: Block 56, Lots F & G Schedule Number: 1389 Robert and Monica New 11414 N. Bayshore Drive North Miami, FL 33181 Property Address: 123 W. Francis Legal Description: Block 56, Lots Vickery Historic Lot Split "A Schedule Number: 15679 Given Institute Regents of University of Colorado Boulder, CO Property Address: Legal Description: Block 63, Schedule Number: 14786 James & Patricia Gorman 1426 Rose Glen Rd. Gladwyne, PA 19035 Lots A - F et al Property Address: W. Hallam St. Property Address: 101 E. Hallam Legal Description: Block 64, Lots All Legal Description: Block 65, Lots A & West 4.86 feet of B Schedule Number: 13990 Schedule Number: 798 • • 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: 811 • CJ PtiBLIC 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 I" 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 l' 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@ci.aspen.co.us. s/John Bennett, Mayor Aspen City Council Published in the Aspen Times on March 27, 1999 City of Aspen Account MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager John Worcester, City Attorney Julie Ann Woods, Community Development Direct ' Mitch Haas, Interim Deputy Director FROM: Christopher Bendon, Planner M ' 'Y1 RE: Nolan Lot Split — 303 North First Street Ordinance No. 1� , Series of 1999. First Reading DATE: 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, 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 �_, 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 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 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: 303 North First Street ZONING: Medium Density Residential (R-6). LOT SIZE: Existing: 12,000 square feet. Proposed: 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." The application has been included as Exhibit `B." RECOMMENDATION: 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: K • . • 1. A Lot Split Plat, meeting the requirements of Section 26.88.040(D)(2)(a)(1), 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 41 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 relocation of trees as per Section 13.20.020 of the Code, as amended. There shall be no excavation or storage of fill materials within the tree driplines. 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. 5. 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. 6. 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. 7. 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. 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 so. RECOMMENDED MOTION: "I move to adopt Ordinance No.�, Series of 1999, upon first reading." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Comments Exhibit B -- Site Plan Exhibit C -- Development Application tD CITY & TOWNSIfE Uf P I TK I N COUNTY, COL/ i � \ LOT A MANHOLE \ / LOT / a� Ii L O T L NCB . t0 FEET / 2COuTNES, ! ➢!.R EM01OA04EMT v�Y 0 S 10 IS 70 CONTOUR INTERVAL IS I FOOT v 1 8A .a1 vlj EMUT �� WCMEM/1� ��� _ OD 0i3 6 "R 7Gl p EyJ�/,y, ,pusE tat / o l e CTM t� ` a1- I ' l I9' J • _ I�e SET CORNEA -� �T 120.04. 0 0- •/- EMU0A01KMT 'I /R 3R• _ // NOC 1EeAR D '•Ii9S`crr _ 16129 9 JAFO � II NED . CM REeA; G t : p..• I EpEiry / R. /W go•cr Ia % LOT S upAA°, LOT I J•c LOT 1 AREA • 6,D02 SO.FT. •/- 1 \_ / 0.1378 ACRES /re, REiMEMT / � ' LOT 2 LoT ENCRFD.Nc / N g., 1 j'r 0.8•/- AREA - SOFT. •/• Cr, ' O.1375J7B ACRES •/- ALL C { IJ— O • ..:. 2 I.•ch� 7 570"Y t t . / IO •CirMD �.7SF`OOR C CC% .-_ RR / IEMORMO IDO 0 LOT 0 S D> / FENCE EM[ROWFB 4' crrNotVI SSS CORNER 80 Oz rJ. e•'E8/q w8 `CriMBD I w�-C' cri �+ i' �u� � LOT 'W-- � _ � 98— --� aa..' �ii` SET AEB COR IJ 8, .p �N0.1 BEBAR 2YEL9' b / / N.I. ` •C 16119-g S O OI lS! AO. O1. .crr� \ j-10 E MBE 120 DO I '�B iiZ �L•,�� 7' •• TNESe COR1NER �� e •lrEy ALUM OISR •16129' IN CDNCRETE • LJ 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." 1. Draft Plat - There is a portion of the plat that is unclear at the southeast corner 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 corners 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 e 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 Drainage - 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 Sec. 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 Right-of-way - 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 99M 16 2 Aspen onsolidated Sanitation*District Sy Kelly * Chairman Paul Smith * Treas Michael Kelly * Secy February 26, 1999 Chris Bendon Community Development 130 S. Galena Aspen, CO 81611 Re: Nolan Lot Split Dear Chris: John Keleher Frantz Loushin Bruce Matherly, Mgr 44,9 1 1999 hJr w 1n inn^� Our records show that the existing single family residence at 308 N. First street 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. The new residential unit will require a separate service line and tap. As usual service is contingent upon the 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 line currently in place, we would request, 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, Bruce Matherly District Manager 565 N. Mill St.,Aspen, CO 81611 / (970)925-3601 / FAX (970) 925-2537 MAP. 01 'P9 12:38PM ASPEN iOLGING CiFl=: P.1 • • MEMORANDUM TO: Chris Bendon, Community Development Dept. FROM: Cindy Christensen, Housing Office DATE; March 1, 1999 RE: NOLAN LOT SPLIT - 308 NORTH FIRST Parcel ID No. REAUEST: The applicant is requesting a lot split to create two lots, The applicant plans on mitigating per Section 26.100.050(A)(2)(c), BR0 M: According to Section 26.100.050(A)(2)(c), a lot split can be exempted If the applicant provide one of the following: In order to qualify for a single-family exemption, the applicant shall have three options: a. providing an accessory dwelling unit: b. paying the applicable affordable housing impact fee; or C. recording a resident -occupancy deed restriction on the single-family dwelling unit being constructed. Ett30Atl1M NUATIJON: The following list establishes the Housing Board's options in order of preference, depending on the site location: 1. on -site housing; 2, off -site housing, including the buydown concept; 3. cash-in-lieutland-in-lieu Should the applicant provide an accessory dwelling unit, the applicant must comply with the conditions stipulated under the accessory dwelling unit guidelines, staff shall review the plans for the unit prior to building permit approval, and a deed restriction shall be recorded prior to building permit approval. If cash -in -lieu is to be provided, the applicant shall pay the amount due in the Guidelines in effect at the time of building permit approval. Currently, the amount is $28.83 per square foot of new additional floor area. This amount will increase during the Guideline's annual review, which is currently taking place. v0e'rsmolan.mit • • MEMORANDUM TO: Chris Bendon, City Planner FROM: Sara Thomas, Zoning Officer RE: 308 North First Street, Nolan Lot Split DATE: March 1, 1999 308 North Street, a 12,000 square foot lot, is located in the R-6 zone district. The proposed lot split would create two six thousand (6000) square foot lots each having the following dimensional requirements: - Front yard setback — 10 feet - Rear yard setback - 10 feet - Combined front and rear yard setbacks — 30 feet - Side yard setback - 5 feet with 10 feet combined - Minimum distance between buildings — 5 feet - Height — 25 feet for principal buildings - Floor area — 3240 square feet - Minimum lot area — 6000 square feet. Each lot would have adequate lot area for development of one single family residence. A number of non -conformities currently exist on the property, including the garage, shed, carriage house and main house. Any existing non -conformities can be maintained, but cannot be expanded or enlarged. The side yard setback non -conformity created by the lot split would require a variance through the Board of Adjustment. Or, the applicant might wish to consider a reconfiguration of the proposed new lot line that would accommodate the required setbacks and still maintain the minimum lot area (6000 sq. ft.) and minimum lot width (60 ft.) for each parcel. In addition, the existing structure will have to comply with the floor area allowed for a 6000 square foot lot. dlow� j� ��►� , C4L, • 0 MEMORANDUM TO: Plans were routed to those departments checked -off below: .0 ........... City Engineer JV........... Zoning Officer �........... Housing Director ........... Parks Department O ........... Aspen Fire Marshal 4f........... City Water JW........... Aspen Consolidated Sanitation District O ........... Building Department O ........... Environmental Health O ........... Electric Department O ........... Holy Cross Electric O ........... City Attorney O ........... Streets Department O ........... Historic Preservation Officer O ........... 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) February 24,1999 OTHER REFERRALS DUE TO PLANNER: March 3,1999 ENGINEERING REFERRAL DUE TO PLANNER: March 5,1999 Thank you, Chris. TALI.21.1999 10: 49A111 FLEISHER COMPA11Y NO. 6193 P.1 • S#CLAUSdN ASSOCL TES, LLC Planning • Urban Design Iransportatitm SCu&CS F"CCt ManngMent 21 January 1999 200 J AST MAIN STREET A-Sa , CNARADO 81611 Mr- William Nolan, Esq- Tv=cNE: 970.92 5-2323 Fnx: 970.920.1028 202 W. 190 Street E-VWU A&USOnPcei. COM El Dorado, AK 71730 BY MAIL AND FAX 870-862-0203 Re: 303 N. First Street Lot Split Dear Bill' Thank you for inviting me to assist you with the permitting of your project in Aspen. I will look forward to working with you, your representative Lane Schiller, and your architect Richard Klein. My under9ttanding is that you are seep to obtain a lot split for your property at 303 N. First Street, which consists of four townshe lots. In effecting the lot split, we will be required to negotiate the issue that the existing historic portion of your home would encroach on the side yard setback The present existing house would have a still greater encraaclrment, but it would be your intention to tnmeate the house to its original historical footprint. Normally the City of Aspen. Land Use Code does not provide fur a lot splint under circumstances where such a nonconformity is excated_ However, we will pursue an emphasis on the preservation of the historic core structure as a public benefit in exchange for granting the lot split with a minor nonconformity. Since your house is not listed on the current Inventory of IFistoric Resources, you would have recourse to demolishing the structure eniirely or further reducing its dimensions in order to undertake the lot split without any nonconformities. However, this would entail the loss of all or part of an bistoric resource. Although the foregoing may appear to be a compelling argument for providing soave relief from a strict interpretation of nonconformity, I would emphasize that the code simply does not provide for a conventional lot split where nonconformities are created by virtue of the lot split actiom Therefore, the outcome of the negotiation is by no means certain. Moreover, we may appear to have received a favorable reception from the planning staff only to find that the City Council is disposed to maintain the strict interpretation of the lot split criteria- I also understand that you do not wish to take advantage of another provision in the code, referred to as the "historic preservation lot split" Tlus provision would allow the encroachment into the side yard setback by permitting the Flistoric preservation Commission to provide minor variances. It would also permit the IIFC to allocate a development bomts of up to 500 square feet of floor area for projects where suds a bonus is deemed appropriate_ However, there is considerably more review process involved including the addhig of you existing house to the Inventory of Historic Resources, Landmarking the property, and providing design review for the modifications to the existing house as well as the siting and massing of the new house to be colisttneted on the created lot. While this may seem Eke a daunting list of activities with some uncertainty involved in every step of the process, it has now been undertaken on several occasions PLiNNING jwD D1 IGN SOM-moNS FCR C0,1,b4(T.VMES AND P.RT ME SEGrpR CLIE?TIS JA1,1. 21.1999 10:50AM FLEISHER CCTI71AN1' No. 090 P.2 • • Mr. William Nolan, Esq, 21 January 1999 Page 2 and may be apptopriate for consideration. However, I can understand that you do not intend to pursue this course of action because of the additional prods and restrictions required. Nonetheless, I do need to bring it to your attention as an alternative provided for in the Land Use Code, Lane Schiller and I have visited your property. I have photographed certain aspects of the interior and exterior which I believe support the concept of maintaining the historic resource of the core house and which may argue for a tumor variance with respect to the side yard setback I have a meeting scheduled today with Chris Bendon of the planning office to update the original preapplication conference which took place on 4 Mareb 1999. I believe we will have a better understanding of the issues and plaiming office response following that meeting. It should be noted that it is not clear whether staff including the City Attorney, may find that the City Council is empowered to grant a lot split with a variance to the side yard setback, whether they will require that there be an intermediate step of going before the Board of Adjustment on the variance issue, or whether they will determine that no board has the authority to grant the request as constituted. T will try to get a reading from the City Attomey through Chris Bendon, as I believe this will be helpful in advancing the application. It is also possible that there may be some additional architectural work required, both in the development of an application and as an adjunct to the hearing process. I understand that you have some retainer remaining with Richard Klein and that I am authorized to contact him for assistance during the application process. It may be that a good presentation of the project intent will require additional services firm an architect. If so, I will work with Richard to provide an estimate of the work and costs involved, and provide this to you for your review and approval. ley fee for consulting services is $165.00 per hour, plus direct expenses such as mileage, documents, etc. Direct expenses are billed at cost. 5ubcontractijal expenses, if you choose to handle them on this basis, which sxiight include landscape architecture or architectural design services, are billed at cost plus ten percent. No subcontractual services will be engaged without first obtainWg your approval as to the provider and the proposed fee. Pees are billed monthly and are payable within fifteen days - In addition to the meeting today, I would estimate another 24 hours of work to prepare the written application. With respect to the Bearing process before the City Council or any other required boards, it is difficult to estimate the time we will spend because of differing possible approaches to our presentation strategy and the actual time involved ia the hearings. Lane Schiller has already accomplished much ofthe preliminary work and has offered to assist as needed with the mechanics of the application. On this basis, I believe we can have an application filed within two weeks of receiving the Preapplication Summary from the planning o>fce. There would then be typically about 6-8 weeks before an actual hearing would take place before the City Council. I believe that this timetable would allow fm construction this summer, if that is your JA_N.21.1999 10:51AM FLEISHER COMPANY Nc�•Lr93 P.3 Mr. William Nolan, Esq. 21 January 1999 Page 3 intent. I -rnlist emphasize again, however, that the outcome of this process is by no means certain. If the approach and fee i have outlined to you is acceptable, kindly signify by signing and returning the attached copy of this letter along with a retainer of $1,000 which will constitute a credit applicable to firture billings. very truly yours, ,Stan Clauson, AICP SWAN CLAUSON ASSOCIATES, u.0 Cc_ Lane Schiller Accepted for WE= Nolan, Esq. i� BY 1� �c Date t — f) LAND USE APPLICATION 0 • PROJECT: Name: �C`�C►.( -nTU� - Location: 30? 2.ST n� � L (Indicate street address, lot & block number, legal description where appropriate) APPLICANT: Name: �� �,L n�J P.rJD �� i ►�i E 6►J Address: � S ��. ►�-Si �T. �`S'P rJ Phone #: REPRESENTATIVE: Name: -57A-AJ Cu�--USo►J JSb� �SSo C. LL�. Address: �t+�� Phone #: Cj � , a 3 a3 T. A 1 i rC Vr P1rrLIlrH 1 iur4. WiCdJC GIICGK d11 L11dL UPPLY). Conditional Use Conceptual PUD Conceptual Historic Devt. Special Review Final PUD (& PUD Amendment) Final Historic Development Design Review Appeal Conceptual SPA Minor Historic Devt. GMQS Allotment Final SPA (& SPA Amendment) Historic Demolition GMQS Exemption Subdivision Historic Designation ESA - 8040 Greenline, Stream Subdivision Exemption (includes Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane Lot Split ❑ Temporary Use Other: Lot Line Adjustment 0 Text/Map Amendment EXISTING CONDITIONS: Q "%A PROPOSAL: (description of I of existing buildings, uses, previous approvals, etc.) c> 1r- T 1 n W 0 sed buildings, uses, modifications, etc.) 5 74r VqsTiOWUI- 7o Sury Have you attached the following? FEES DUE: S 1,1 Pre -Application Conference Summary �'�ouz A.) b [e,- Attachment # 1, Signed Fee Agreement 7zl=t- z-a^c— f(ar []'Response to Attachment 42, Dimensional Requirements Form ,EJ-Response to Attachment 43, Minimum Submission Contents [,Response to Attachment #4, Specific Submission Contents [.� Response to Attachment 45, Review Standards for Your Application 0 0 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Chris Bendon, 920.5072 DATE: 2.3.99 PROJECT: Nolan Lot Split REPRESENTATIVE: Stan Clauson, Lane Schiller OWNER: Bill Nolan TYPE OF APPLICATION: One Step -- Subdivision Exemption for a Lot Split DESCRIPTION: 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: Staff for completeness, DRC, City Council Public Hearing: 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 ofposting and mailing with a affidavit at the public hearing. Referral Agencies: Engineering, Housing, Parks, Zoning, Water, ACSD Planning Fees: Planning Deposit Minor ($1110) Referral Agency Fees: Engineering, Minor ($160); Housing, minor ($160) Total Deposit: $1,430 (additional hours are billed at a rate of $185/hour) To apply, submit the following information: l . Proof of ownership. 1.1 7. 8. 9. 10 Signed fee agreement. 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. 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. Total deposit for review of the application 15 _ Copies of the complete application packet and maps. HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 1 An 8 1/2" by I I" vicinity map locating the parcel within the City of Aspen. 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 determined not to warrant a survey document.) Proposed plat for subdivision. 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. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. 9 0 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 may or 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 -conformities (prior to the lot split) may continue and should be noted on the plat. No new dimensional non -conformities 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. Conformance 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. 0 • Fee Agreement • • ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development application Fees CITY OF ASPEN (hereinafter CITY) and William C . Nolan, J r . & F 1 a i n P Nolan (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Lot split of lots K, L,M & N, B1ocK 56, City and Townsite of Aspen (hereinafter, THE PROJECT). 3. 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 precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit 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 information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings 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 determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $14 3 0 . 0 0 which is for - 7 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 that failure to pay such accrued costs shall be grounds for suspension of processing. CITY OF ASPEN By: ter' ✓ lie Ann Woods Community Development Director APPLICANT�����d�� Bv: --b) P'n Date: - 15 February 1999 Mailing address: 308 N. First Street Aspen, CO 81611 0 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. No11n. Jr. & Elaine L. Nolan Location: Lots K, L, M & N, Block 56, City of Asnen - - (308 N. First Srr Pt) "Lune DL trlct: R-6 LotSiZe: Existing = 12,000 sq. ft. Proposed - Lot 1 = 6�000 s_f_ Tnr ? _ E,000 s Lot Area: Existing = 12,000 sQ . f t . Proposed = 6,000 sq . ft . aach (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: Existing: Proposed: Number of residential units: Existing: Proposed: Number of bedrooms: Existing: Proposed. - Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Exrst1 0. 35� _ 9 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-Q/o-0peR Spac-e­- Existing: Required: Proposed. Front Setback: Exisring: 86.5 Required: 15 Proposed: Rear Setback: Existing: neg 1 Required: 5 Proposed: Combined F/R: Exisring: 85.5 Required: 25 Proposed Side Setback: Existing: neg 0.5 Required: 5 Proposed. - Side Setback: Existing: 35.5 Required: 5 -Proposed.- Combined Sides: Existing: 35 Required: 15 Proposed.- Existin- non -conformities or enc-oac!IM"'Its: Building Sethnckc Variations requested: 1j 9 ATTACHMENT 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. & Elaine L. Nolan Location: Lots K, L, M & N, Block 56, City of Aspen - - (308 N. First St_rp-t) Zone Diitrict: R-6 LotSIZe: Existing = 12,000 sq. ft. Proposed - Lor 1 = 6,000 s -f_ inr 2 = 6,000 s Lot Area: Existing = 12,000 sn. ft. Proposed = 6.000 sq. ft. Parh (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: Existing Number of residential units: Existing Number of bedrooms: Existing Proposed: 1 Proposed: 1 4 Proposed: 4 Proposed % of demolition (Historic properties only): DIMENSIONS: SEE ATTACHMENTS Floor Area: Existing: Allowable: Proposed: Principal blda,. height: Existing: Allowable: Proposed. - Access. blda,. height: Existing: Allowable: Proposed. - On -Site parking.: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed. - N/A s/b-0gea Spac-e--- 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: Existing: Required: Proposed. E`:isting non -conformities or c!=Oachn:ents: Site Coverage, building Setbacks Variations requested: • PROPOSED / LOTS M,N, BLOCK 56, CITY OF ASPEN DIMENSIONS FLOOR AREA: HEIGHT: PARKING: SITE COVERAGE: FRONT SETBACK: REAR SETBACK: R ES. GAR. COMBINED F/R: SIDE SETBACK LEFT: SIDE SETBACK RIGHT: CONS BINED SIDES: PROPOSED 3536.2 SQ. FT. 25 F. 4 2830 SQ. FT. 12 FT. 4.4 Ff. 0.9 FT. OVER P.L. 14.4 FT. 2.5 FT. 2.1 FT OVER P.L. 4.5 FT. ALLOWABLE / REQ' D 3240 SQ. Ff. 25 Fr. 2 2400 SQ. FT. 10 Fi . 10 FT. 5 FT. 30 FT. 5 FT. 5 FT. 15 FT. EXIS?INS:�EaT�I�CHLQC�56��[I�C3FASP_EL`lTr �-�' DIMENSIONS EXISTING ALLOWABLE / REQ' D FLOOR AREA: 4183 SQ. FT. 3840 SQ. FT. HEIGHT: PRIN. BLDG. 25 FT. 25 FT. ACC. 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. ACC. 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 F/R: PRIN. BLDG. 44 FT. 30 FT. ACC. BLDG. 95 FT. 25 FT. SIDE SETBACK LEFT: PRIN. BLDG. 12 r=i. 15 FT. ACC. BLDG. 86.5 FT. 15 F. SIDE SETBACK RIGHT: PRIN. BLDG. 0.9 FT OVER P.L. 15 FT. ACC. BLDG. 1 FT. OVER P.L. 15 FT. COMBINED SIDES: PRIN. BLDG. 11.3 F. 40 FT. ACC BLDG. 85.5 FT. 40 FT. Representative 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 Sin erel , C` William C. Nolan, Jr. Elaine L. Nolan I] C� Legal Description: Street Address: Proposed Lot Split Lots K, L, M & N, Block 56 City and Townsite of Aspen 308 N. First Street Title Commitment: Attached } = Arnitment To Insure =;3t-.c►,c ,� �c .z }- �l ALTA Cominitinunt - 1970 Rov. - - - -! - - - - • - OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A. in favor * * of the proposed Insured named in Schedule A, a� owner or mortgagee of the estate or interest covered hereby in the land 7� * described or referred to in Schedule A, upon payment of thtL* premiums and charges therefor; all subject to the provisions of Schedule A and 8 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 polio or policies of utle insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that 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 knowledge of any defect, lien. encumbrance, adverse claim or other matter affecting the estate or interest or mortgage 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 failure 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, adverse claim or other matter, the Company at its option may amend Schedule 8 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 )a) to comply with the requirements hereof or )b) to eliminate exceptions shown in Schedule B. or )c) 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 part of this Commitment except as expressly rodified 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 Comr!itment. 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 records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection or the premises would disclose and which are not shown by the public records. 4 any hen. or right to ? 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 Come fitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunto affixed 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. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stoat Company 400 Second Avenue South. Minneapolis. Mtnaemta 55401 (612) 371.1111 t By Pres�aenr Aurmazea S,gnatory ORT Form 2582 t 0 A L T C M M I T M E N T O • 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: 2. "TBD" Commitment Proposed Insured: . ELAINE L. NOLAN April 17, 1998 at 5:00 P.M. 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 to 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 0 C O M M I T M E N 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 RECORI.) 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 A L T C O M M I T M E N 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 L A 1`i D T 01- L E C U A R A 11 T E i C O M P A N ''L 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's 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 "s authorized agent. Land Title Guarantee Company YOUR CONTACTS Date: 02-08-1999 Property Address: 308 N FIRST STREET ASPEN, CO 81611 Buyer/Borrower: TBD Seller/Owner: ELAINE L. NOLAN AND WILLIAM C. NOLAN, JR. Our Order Number: Q372201-2 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 ORDER! Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. Q372201-2 Schedule A Cust. Ref.: Property Address: 308 N FIRST STREET ASPEN, CO 81611 1. Effective Date: February 02, 1999 at 5:00 P.M. 2. 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 56 CITY AND TOWNSITE OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO 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 interest 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 INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT (Exceptions) Our Order No. Q372201-2 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: Rights of claims of parties in possession not shown by the public records. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material 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. 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 Commissioners, the County Clerk and Recorder, or the County Assessor. 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 lease 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. Power Plant` Rd ti i Pearl ' (z. WNO� n o y; C d 1a WHwy 82 �O J y 308 N First 1 wya//B WF 81�811 St, Aspen, CO ?m $/ a I 2 ee�ar,sl ! e 0 // � 09 m -Aspen � 0� a��\� wyookin, y�e D ? FB/e ODS may` E A'9ip S/ I ever S/ W y y�,�n � �� ,; E Ho pk/ A / e N E ai F 05 CO CO 9 C �o y l y ✓4e� Sf! � � c�,' h c W C Des" Sl IE DO CO �A, S AIPS Rd JC � 0C �m aQ 9m P O mi ni­oso_FWzTWm, Streets Plus Nolan Lot Split Vicinity Map Map Title 2 CcppVd 019WIN8, M—wAt Czq"abm anAWw as wpplims. MI rights rmermd 1� �cA Riverside Or !82 0.4 0.6 Pepe 1 0 • NEIGHBORING OWNERS/PROPERTIES (within 300' of Nolan Lot Split) . . . Thomas & Noel Congdon - Trustees , Joan Congdon Qualified Personal Res Trust K Street tr 1776 Lincoln Street, Ste. 1 1cct NW, Suite 380 00 Washington, D.C. 20006 Denver, CO 80203 Property Address: 202 W. Francis Property Address: 210 W. Francis Legal Description: Block 48, Lots R,S Legal Description: Block 48, Lots P,QSchedule Number: 1185 Schedule Number: 317 Maurice Tobin George Vicenzi 1850 K Street NW, Suite 380 Box 2238 Washington, D.C. 20006 Aspen, CO 81612 Property Address: 212 W. Francis Property Address: 201 W. Francis Legal Description: Block 48, Lots N,O Legal Description: Block 49, Lots F,G,H,I Schedule Number: 1338 Schedule Number: 1123 Marybelle Robinson Beryl Arthur Erickson 2552 E. Alameda, Ste. #97 Mary Elizabeth Erickson Denver, CO 80209 Box 1207 Aspen, CO 81612 Property Address: 200 W. Hallam Property Address: 220 W. Hallam Legal Description: Block 49, Lots Q,R,S Legal Description: Block 49, Lots N,O,P Schedule Number: 1110 Schedule Number: 439 r tl West End Partnership, LLC (J-e-f 520 E. Cooper Ave. Aspen, CO 81611 Property Address: 302 N. 2nd. St. Legal Description: Block 49, Lots K,L,M Schedule Number: 805 John Cooper t�aetsa S"" P.O. Box 1747 Springfield, MO 65805 Property Address: 2_ W. Francis Legal Description: Block 49, Lots D,E Schedule Number: 569 Esther Leonard De Vos Box 3238 Aspen, CO 81612 Property Address: 316 N. Second St. Legal Description: Block 49, Lots A,B,C Schedule Number: 845 Munday - Trust Number One P.O. Box 1689 Austin, TX 78767 Property Address: 201 W. Hallam Legal Description: Block 50, Lots G, H, I Schedule Number: 468 Pameta Smart 3351 Woodhaven Rd. Esther Benninghoff Atlanta, GA 30305 233 W. Hallam Aspen, CO 81611 Property Address: 229 W. Hallam Legal Description: Block 50, Lots East 23.36 feet lot D & west 13.54 feet lot E Schedule Number: 1363 William Lloyd Davis, Trustee Davis Living Trust 4924 Balboa Blvd. #489 Encino, CA 91316 Property Address: 200 W. Bleeker Legal Description: Block 50, Lots East 10' lot P,Q,R,S Schedule Number: 1455 Phillip N. & Susan J. West 2114 Mt. Calvary Rd. Santa Barbara, CA 93105 Property Address: 2_ W. Hallam Legal Description: Block 50, Lots East 16.46' of lot E, F Schedule Number: 92 Aspen Valentine, LLC c/o Garfield & Hecht 601 E. Hyman Ave. Aspen, CO 81611 Property Address: 410 N. First Legal Description: Block 55, Lots K & west 1 /2 of L Schedule Number: 1025 David Levy Times Square Bldg 45 Exchange Street Rochester, NY 14614 Property Address: 100 W. Francis Legal Description: Block 55, Lots Q,R,S Schedule Number: 815 Property Address: 233 W. Hallarn Legal Description: Block 50, Lots A,B,C & West 6.64 feet Lot I Schedule Number: 120 Lesley Stevens Bruce Stevens 214 W. Bleeker Street Aspen, CO 81611 Property Address: 214 W. Bleeker Street Legal Description: Block 50, Lots East 10' lot N, lot O & west 2 lot P Schedule Number: 727 Alderwood Securities, LTD Sam Pacor Secoma 24 BD Princess Charlotte, Me 98000 Monaco Property Address: 120 W. Francis Legal Description: Block 55, Lots N,O & P Schedule Number: 655 QP Manclark Residence - Trust William & Darlene Manclark - Trustees 313 E. Bay Front Balboa Island, CA Property Address: 126 W. Francis Legal Description: Block 55, Lots east 1/2 lot L. h1 Schedule Number: 671 Jonathan Lewis Roberto Posada 4649 Ponce De Leon Blvd., #304 Coral Gables, FL 33146-2119 Property Address: 414 N. First St. Legal Description: Block 55, Lots A,B,C,D,E,F,G,H,I Schedule Number: 8009 0 • Paul Fabry Jack Vickery 1 127 Bourbon Street 100 S. Spring Street New Orleans, LA 70116 Aspen, CO 81611 Property Address: 135 W. Francis Property Address: 129 W. Francis Legal Description: Block 56, Lots A & west 1/2 B Legal Description: Block 56, Lots Vickery Historic Lot Split "B Schedule Number: 453 Schedule Number: 15680 Gregory Erwin 11248 John Galt Blvd. Omaha, NE 68137 Property Address: 101 W. Francis Legal Description: Block 56, Lots H & I Schedule Number: 1152 Frederick Henry 100 W. Hallam Aspen. CO 81611 Property Address: 100 W. Hallam Legal Description: Block 56, Lots O,P,Q,R,S Schedule Number: 602 Yellow Brick School Aspen School District 235 High School Rd. Aspen, CO 81611 Property Address: 215 N. Garmisch 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 Red Brick School City of Aspen 130 S. Galena Aspen, CO 91611 Bruce Hartwig 569 Ponte Vedra Blvd Ponte Vedra Beach, FL 32082 Property Address: I I I W. Francis Legal Description: Block 56, Lots F & G Schedule Number: 1389 Robert and Monica New 11414 N. Bayshore Drive North Miami, FL 33181 Property Address: 123 W. Francis Legal Description: Block 56, Lots Vickery Historic Lot Split "A Schedule Number: 15679 Given Institute Regents of University of Colorado Boulder, CO Property Address: Legal Description: Block 63, Schedule Number: 14786 James & Patricia Gorman 1426 Rose Glen Rd. Gladwyne, PA 19035 Lots A - F et al 001 Property Address: W. Hallam St. Property Address: 101 E. Hallam Legal Description: Block 64, Lots All Legal Description: Block 65, Lots A & West 4.86 feet of B Schedule Number: 13990 Schedule Number: 798 Donald Paul Krum►n Box 874 Aspen, CO 81612 Property Address: 105 E. Hallam St. Legal Description: Block 65, Lots West 25.14' lot B, C Schedule Number: 811 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 of a duplex and a single-family home. ER ci(E(fWAVE. Hv Coo orfA.�t _zzp,L7� ON -mg Q Im Ubi a is 81 T o s �a _ Lp baba'd� poOG?: ; ©Q._ d flt 0 J?�{6 ='a 173) ? ^if `^ a V n: ., } MAIN Sr-' �.+.�.. p, u v •"`� � M ^M •0 o M�� at1 `�'0g VICINITY MAP 1'-400 FT. FROM CITY G.I.S. MAP LEGEND & NOTES ELEVATION DATUM IS ARBITRARY BASED ON T.B.M. FIRST FLOOR DOOR SILL AS SHOWN T.B.M.- 100.0' CONTOUR INTERVAL IS I FOOT SET SPIKE SURVEY CONTROL CONIFER TREE CALIPER SIZE SHOWN IF OVER 6- cDECIDUOUS TREE CALIPER SIZE SHOWN IF OVER 6' FRUIT TREE OR SIMILAR TYPE DusH ri It ORNAMENTAL LIGHT 1I959 OFFICAL MAP OF THE CITY OF ASPEN WAS USED AS THE BASIS OF SURVEY NFORMATION TITLE INFORMATION FROM LAND TITLE GUARANTY COMPANY ORDER N0, 0371367 DATED FEB. 02, 1999 p SET WITNESS CORNER NO. 4 REBAR WITH YELLOW CAP '16129 WC BASIS OF BEARINGS S14'50'49'W 102.00 FT. BETWEEN THE NORTHEAST PROPERTY CORNER (N0. 4 REBAR RED CAP 16129) AND THE WITNESS CORNER TO THE SOUTHEAST PROPERTY CORNER (ALUM DISK 16129 IN CONCRETE) ZONING IS R-6 PLAT NOTES �� �4mvw,6 6-P, 4�p�� 0,� �� -� Aw�f M4 ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. SEWER MANHOLE RIM 96.1' ENCROACHMENT AGREEMENT BK 491 PG 943 G — BK 791 PG 432 �ST NOLAN LOT SPLI T SUBDIVISION EXEMPTION LOTS K, L, RA, N BLOCK 56 CITY & TOWNSITE OF ASPEN PITKIN COUNTY, COLORADO LOT A I •/- ENCROACHMEN i / LOT B T Z/% �-lTyr ENCROACH'NENT (21 - 07. �L AG4fEMfNT wlDf!j' 8K 49! PG 943 `/1� `� BK lt*96-2--' / / � i.,i`�1 1u RLq-pa 432 — �LL�11 LOT C SCALE I INCH - 10 FEET FwAamb 0 5 10 15 20 CONTOUR INTERVAL IS I FOOT 0.9' -/- ENCROACHMENT FENCE ENCROACHES 0.3' •/- 2' WITNESS CORNER ALUM DISK '16129" IN CONCRETE N0. 4 REBAR WITH 2. RED CAP-16129' l. --A OWNER'S CERTIFICATE KNOW ALL MEN BY THESE PRESENTS THAT ELAINE L. NOLAN AND WILLIAM C. NOLAN JR. BEING THE RECORD OWNERS OF LOTS K, L M AND N, BLOCK 56, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO DO HEREBY SUBDIVIDE AND PLAT THIS REAL PROPERTY UNDER THE NAME AND STYLE OF LOTS I AND 2, NOLAN LOT SPLIT. EXECUTED THIS _ DAY OF , 199_., ELAINE L. NOLAN WILLIAM C. NOLAN, JR. STATE OF COLORADO ) )tc COUNTY OF PITKIN 1 THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF 199_ BY ELAINE L NOLAN AND WILLIAM C NOLAN AS OWNERS. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC TITLE CERTIFICATE THE UNDERSIGNED A DULY AUTHORIZED RE�E'.OJL RESENTATIVE OF LAND TITLE GUARANTEE COMPANY REGISTERED TO Da BUSINESS IN PITKIN CUNTY COLORADO DOES HEREBY CERTIFY THAT THE PERSONS LISTED AS OWNERS ON THIS LAT 60 HOLD FEE SIMPLE TITLE TO THE WITHIN DESCRIBED REAL PROPERTY FREE qq D CL A L LIENS AND ENCRUMBRANCES EXCEPT THOSE LISTED ON THE OWNtR'S CEq IFIC T aIGH 8 BELIEVE THE FACTS STATED ON THIS PLAT ARE TRUE THIS CER IFIC ItTITLE N �p 1 N TO 4 CONSTRUED AS AN ABSTRACT OF ANDTITLE NOR AGREb TTHATNLANDNTIITLEIONFGUARANtEE AMPANY,GUA ANEITHER ASSUMtSAND NORIWILL BECHARGED UNDERSTOOD WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN. DATED: 1199_ (TITLE) LAND TITLE GUARANTEE COMPANY 533 E. HOPKINS AVE. 0102 ASPEN, COLORADO 81611 STATE OF COLORADO) )tt COUNTY OF PIKTIN ) THE FOREGOING TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 199_ BY AS (TITLE) OF LAND TITLE GUARANTEE COMPANY. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC SURVEYOR'S CERTIFICATE I DAVID W. MCBRIDE, I HEREBY CERTIFY THAT IN AUGUST 1996 AND FEBRUARY 1999 A SURVEY WAS PERFORMED UNDER MY DRECTION AND SUPERVISION OF THE HEREON DISCRIBED PROPERTY. THE LOCATION AND DIMENSONS OF THE BOUNDARY LINES, BUILDING ENVELOPES, UTILITIES, IMPROVEMENTS AND EASEMENTS SHOWN ON THE LAND TITLE GUARANTEE COMPANY. TITLE COMMITMENT ORDER 00372201-2, DATED FEB. 2, 1999 ARE ACCURATELY SHOWN ON THIS MAP. THE CONTROL SURVEY PRECISION IS GREATER THAN 1:10,000 WITH AN ACCURACY TO 0.001 OF AN ACRE AND THAT THE SURVEY WAS DONE IN ACCORDANCE WITH CRS 1973 TITLE 38, ARTICLE 51 AS AMENDED FROM TIME TO TIME. SIGNED THIS _ DAY OF . 199— DAVID W. McBRIDE RLS 16129 ASPEN SURVEY ENGINEERS, INC 210 S. GALENA ST. ASPEN, CO. 81611 ASPEN CITY PARK DIRECTOR'S APPROVAL I, JEFF WOODS PARKS DIRECTOR FOR THE CITY OF ASPEN, COLORADO DO HEREBY APPROVE THIS PLAT OF THE NOLAN LOT SPLIT THIS DAY OF 199_. JEFF WOODS, CITY PARKS DIRECTOR CITY ENGINEER'S APPROVAL THIS PLAT OF THE NOLAN LOT SPLIT WAS REVIEWED AND APPROVED BY THE CITY ENGINEER OF THE CITY OF ASPEN, THIS DAY OF 199_. CITY ENGINEER, NICK ADEH COMMUNITY DEVELOPMENT APPROVAL THIS PLAT OF THE NOLAN LOT SPLIT WAS REVIEWED AND APPROVED BY THE DIRECTOR OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF THE CITY OF ASPEN ON THIS _ DAY OF , 199_. DIRECTOR, CLERK AND RECORDER'S ACCEPTANCE ACCEPTED FOR RECORDING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY COLORADO AT _ O'CLOCK _.M. ON THIS _ DAY OF 199_ IN PLAt BOOK AT PAGE AS RECEPTION NUMBER CLERK AND RECORDER, SILVIA DAVIS PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 S. GALENA STREET ASPEN, COLO. 81611 PHONE/FAX (970) 925-3816 job no. 15198B FEB. 12, 1999