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Home My WebLink Aboutcoa.lu.ec.805 South Ave.0087-2005 -- . 4 -, '~, . Main y....aIion I PubI< Comment . Attachments I Parc:e}t C"",",r.- I F""" FeeSl.ll'I'mafl! Actions RooIingliistory Permit" Stat.1CO-:J Zip 181611 I Permit Type Address I I i !1Jw.;" La" Name lCENTURtON PAflTNERS. 3J Phone 119491250-8800 r Owner Is ApphcMrt? Applea'" La. NamelCENTURION PAflTNERS 3J Phoffl ~970) 544-8336 Cu. n Mast"P""nill 3J R~Queu"l.w Project I 3J Slot", I"..ro;ng D.,cripiionf!l1STtNG SF RESIDENCE. RECONRGURE LOT UNES & RE.ALLOCATE SO IFOOTAGE Subnitted!ZONE 4 ARCHITECTS 544-3541 ..-- Ck>ck ~j;;Q Day. r~O 1- Visib~ on the web? PennllO: 1 36200 AooIed 11110812005 .J A"",O'<ed Issued Finat E>lpir.. [iTi03121i66- f'il'stName S60 NEWOPPOAT BEACH OR SUITE 500 NEVlPORT BEACH CA 92660 F"lNamel 300 SPRtNG ST STE 301 SPEN CO 81611 ',1 ~ - ""I~ tf II; II '112 Hi[l Q$r'4 , ,..," inP,Jt1Jffi :;Q~:l :: f ' : t' 1I*1it..C: 9,5 ,.~.... ) -- - City of Aspen Community Development Dept. CASE NUMBER 0087.2005.ASLU PARCEL 10 NUMBER 2737-07-3-35-002 PROJECT ADDRESS 805 SOUTH AVE PLANNER JENNIFER PHELAN CASE DESCRIPTION EXISTING SF RESIDENCE. RECONFIGURE LOT LINES & RE-ALl REPRESENTATIVE ZONE 4 ARCHITECTS 544-3541 DATE OF FINAL ACTION 1/18/2006 12:( CLOSED BY Denise Driscoll ...._""._~~~.-..".__..,--_._~~._"----"..-----~---,.~~.--.' - .....~J DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Centurian Partners, LLC - Attention John Sarna, 300 Spring Street Suite 30 L Aspen, CO 8161 L Phone: (970) 544-3541 Property Owner's Name, Mailing Address and telephone number Lots I and 2. South and Gibson Subdivision (known as 805 South A venue) Legal Description and Street Address of Subject Property The applicant has received subdivision amendment approval to relocate the shared lot line between Lot 1 and 2, South and Gibson Subdivision resulting in an amendment in the size and configuration of Lots I and 2. Additionallv, a single access to both lots has been granted from Gibson Avenue. Written Description of the Site Specific Plan and/or Attachment Describing Plan Citv Council Ordinance No. 52, Series of2005, 1/9/06 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) Januarv 15, 2006 Effective Date of Development Order (Same as date of publication of notice of approval.) Januarv 16. 2009 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.0 I 0 of the City of Aspen Municipal Code.) g:;:,:~o~C1::~ ~'Y' 2006, by th, Oty of A,p,," Community Develnpm,nt Chris Bendon, Community Development Director iii Public Notice ;PAXLP ....,......,...OoodIhot ",.AO_n-. ThoA___....._. ."- -......-...."".-'1..., --'--'. """"......-.--....- ""'--"'--~ '"' --.............-.. m",,,"- __ __-. 2::'""...:-.::..........._. 1..............._._-) ""'..................w;...., ~"=:.~. ~-===.==" ~_""':'r,..~ om-oawos....,___ ~~~f,:,"""'" l'UBUCNOTQ "".mCO".ou....'n:D.......lf.TlOl<<DISTlucr """"""'''''''''''CATlO/'OO.JWQ....... w.oc.tnONOFIlEVlNIJ.. _ao....,Dl=tDn"'tloo"'....eo.. ''''''O'''_l>l'''''',..........llO,.,. "'<m"'k>r_"'he_"~h'.ot- -'''''''_q_2OOI~_,,, =U''''''''-'''"'__lO'''''oI .,,,.,,""-,...............,,."""......,. 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"uhL......'. ,........,...... ""'...."",......,. U.2OOIi.(1) Nancy 0181agglo has the knowledge and talent to match you with the perlect valley home. A lifetime of world travel anda family heritage of mining pioneers have led to her enthu'iasm for living in this extraordinary place. Her goal i. toheip others enjoythi. incredibie community as mucha..hedoes. She would ioveto talk to you. f.~J.:(\?' na.,,,u..~,_.._ To"."..nu""-""OH....A~"r....,. -----"_._-_._~.- .-. -- ---.----- =;'1'- r ~ ~ ~ I r. ~/ . ;"'-~- . 1/ / /' fl / . - '-" - - ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: 805"" Sc1IJ"it.( /rt/ € . ~VIcft"l f..j ,Aspen, CO .200.k SCHEDULED PUBLIC BEARING DATE: STATE OF COLORADO ) ) lIS. County of Pitkin ) I, -Py L-Pt-V ..j d'1oI14J) (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: ~ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. 1 Postingofnotice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed ofletters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the n. day of .:]A:te-tM:"'1. . 200~ to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. L Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid u.s. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on nert poge) ..--. ...../ ........ ,."" Rezoning or tert amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prioc," ""publ;o hoori'8 00 ~ ~ '.... d. Th~gOin~davit of Notice" was acknowledged before me this2Z day of em, ,2002., by ~ lLh Joh hS tlY~ WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES 4-08-06 ATTACHMENTS: COPYOFTHEPUBLlCAnON PHOTOGRAPH OF mE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL ":'t.ii, 11$ f', + ! ~ 1- ,- :;!~ / 'j~;~ .F,~~ : ,~'.. -j,-r.:iJ. !~',/.-:- ,t ; I: J. ,'{ ..::.---r-1 'l-..;-Hc~,,/ ,: 1[" .~,t ~ ~:"r'"'"~--/",,:i:( -.: '::_: :;c::, ~ ~ ~';:--''''--' J '.-~~ ",").." ':, ,\ " ~ ~~~i ,I,.. J " _,:I.A ... " ~ *: .f r ~r i . , j - , -:j~'j' :--i X'].../, ~-i:1:h5 /., :t-12 :2T~~t1JJ ij."-YU.1 j ,- i /T I:~ ..:.--t" /-1/ Hi ~-*'Yi'. ~!' .1/ .~-' TO: Mayor K1anderud and Aspen City Council MEMORANDUM \i+- P391 THRU: Chris Bendon, Community Development Director FROM: Jennifer Phelan, Long Range Planner RE: 2"d Amended Plat -South and Gibson Subdivision (805 South Avenue)- Subdivision Amendment - Second Reading of Ordinance - 52, Series 2005 MEETING DATE: January 9, 2006 ApPLICANT /OWNER: Centurian Partners, LLC REPRESENT A TIVE: Keith Howie and/or Bill Pollock, Zone 4 Architects, LLC LOCATION: Lots 1 and 2, South and Gibson Subdivision commonly known as 805 South Avenue ,,,.. CURRENT ZONING & USE lvledi um - Density Residential (R -6) Zone District, built with one detached residential dwelling. PROPOSED LAND USE: The current subdivision is approved for a total of three primary dwelling units on two lots. The number of dwelling units and lots will be maintained in the subdivision amendment. PLANNING AND ZONING COMMISSION AND STAFF RECOMMENDATION: Approval with Conditions. SUMMARY: The Applicant requests a subdivision amendment to relocate the existing lot line shared by Lot I and Lot 2 resulting in a reconfiguration of the shape and size of the lots. P393 The following table compares the proposed development dimensions with the dimensional ~ U' requirements of the Medium-Density Residential (R-6) zone district and the approved subdivision: . .' . Proposed Dimensional . ....1. . Re uirements Lot 2 SFR) 9,787 SF >60 Feet 6,075.5 SF Table 1: Dimensional Re uirements Dimensional Requirement Underlying Zone District. . R~quirem~~ts , ExistingDimensional 'i.'Re 'uiremenls' Minimum Lot Size Minimum Lot Width Minimum Lot Area/Dwelling Minimum Front Yard Setback (Princi a1 Bldg.) Minimum Side Yard Setback 6,000 SF 60 Feet 4,500 SF 6,859 SF >60 Feet 6,859 SF 15,079 >60 F e'et 7,539.5 SF 10 Feet 10 Feet 6,6 Feet' Min. -5 Feet Total- 20.92 Feet 10 Feet 10 Feet Varies Min. 15 Feet Minimum Rear Yard Setback (Princi al Bldg.) Maximum Height Floor Area Ratio (FAR) 10 Feet 10 Feet 25 Feet Varies < 25 Feet 3405.76 SF" < 25 Feet 4474.7 SF'"' j inimum Off-Street Parking 12,151 SF >60 Feet 9,787 SF 10 Feet 6.6 Feet' Min. -15 Feet L: 10 Feet < 25 Feet 4325.6 SF" 10 Feet Min. -10 Feet Total - 33.93 Feet 10 Feet -Lesser of one space - Lesser 0 f -Lesser of -Lesser of per bedroom or two one space per one space per one space per one space per spaces per unit bedroom or bedroom or bedroom or bedroom or -An ADU requires two spaces two spaces two spaces two spaces one space per unit per unit per unit per unit -An ADU -An ADU -An ADU -An ADU reqmres one reqUires one reqUIres one reqmres one space space space space Notes: , A corne'r lot requires a minimum front yard setback along one right-of-way and a second minimum setback along the second right-of-way at 1/3 the minimum front yard requirement. ** Resolution 1995-71 allows a total of943 SF to be added to the lots for determining dimensional requirement,s. ST AFF COMMENTS: SUBDIVISION AMENDMENT: The Applicant is requesting subdivision approval for a proposed amendment to a subdivision plat that is consistent with the approved plat. This is considered a subdivision amendment in the City's Land Use Code. In reviewing the subdivision portion of the application, Staff believes that the proposal meets the applicable subdivision review standards established in Land Use Code Section 26.480.050, Review Standard,. Stafffeels that the proposal is consistent with the in fill development goals ',.- established in the 2000 Aspen Area Community Plan. Staff has included a condition in the approving ordinance requiring that the prior conditions of ordinance 2004- J 6 be met except jiJr P395 EXHIBIT A - Review Criteria and StatT Findings EXHIBIT B - Review Comments EXHIBIT C - Planning and Zarling Commission Minutes of 4/20/04 EXHIBIT D - City Council Minutes of 6/28/04 EXHIBIT E - Application P397 ..- ORDINANCE NO. 52 (SERIES OF 2005) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH CONDITIONS, THE SECOND AMENDED PLAT - SOUTH AND GIBSON SUBDIVISION, ON THE PROPERTY KNOWN AS 805 SOUTH AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. ParcelID: 2737-073-00-031 '>l."...,. WHEREAS, the Community Development Department received an application from Centurian Partners (c/o John Sarpa) represented by Zone 4 Architects, requesting approval of Subdivision Amendment, to replat the existing South and Gibson Subdivision's lot line location; and, WHEREAS, the South and Gibson Subdivision was approved with conditions by the City of Aspen City Council by Ordinance 16 (Series 2004) which granted approval of two lots for the development of up to three primary dwelling units in accordance with the City of Aspen Land Use Code; and. - WHEREAS, as a Subdivision Amendment shall be approved by the City Council as outlined in Section 26.480.080 B., Other Amendment, of the Land Use Code; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed subdivision amendment; and, WHEREAS, during a duly noticed public hearing on January 9, 2006, the City Council opened the hearing, took public testimony, considered pertinent recommendations from the Community Development Director, and referral agencies of the City of Aspen and adopted Ordinance No. 52, Series of2005, approving with conditions, the subdivision amendment which maintains two lots for the development of up to three primary dwelling lmits on the property known as 805 South Avenue; and, WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this ordinance furthers and is necessary for tlle promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: '.....,# Section 1: Approval Pursuant to tlle procedures and standards set forth in Title 26 of the City of Aspen Municipal Code, the City Council hereby approves Witll conditions the Second Amended Plat - South and Gibson Subdivision which creates two lots for the development of up to three Page 1 of 5 P399 h. Sidewalk ramps must be compliant with most recent addition of ADA standards (minimum length of the ramp and landing platform must be 10' -6" in length from face of curb). Section 4: Fire Mitigation The Applicant shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshal if a building is over 5,000 square feet in area. Section 5: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. """.,,,- Section 6: Sanitation District Requirements The Applicant shall comply with the Aspen Consolidated Sanitation District's mles and regulations. No clear water connections (roof, foundation, perimeter, patio drains) to ACSD lines shall be allowed. On-site utility plans require approval by ACSD. Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. If the existing 4" CIP/VCP service line for this parcel will be used to service the single family residence on Lot 2, the existing sewer service should be televised to determine its condition. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. All ACSD fees must be paid prior to the issuance of a building permit. The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. Soil Nails are not allowed in the public ROW above or in close proximity below AS CD main sewer lines. Section 7: Electrical Department Requirements If a new supplemental transformer is required to be installed on the subject property, the Applicant shall provide for a new transformer and its location shall be approved by the Community Development Department prior to installation. The Applicant shall dedicate an easement to allow for City Utility Personnel to access the supplemental transformer for maintenance purposes, if a supplemental transformer is installed. If after the subcli vision plat is recorded and in the event an easement is required, the Community Development Director shall review and approve the easement on the condominium plat. Section 8: Parks The parks department will require separate landscape and tree protection reviews and separate tree permits for each new lot when the lots come forward for building permits. Consideration should be made for the protection of significant vegetation located on the properties. A t~ee permit will be required before any demolition or significant property changes related to the lot split take place. The tree permit will cover demolition, excavation, and trimming. Coordination between the contractor, the City Parks Page 3 of 5 Attest: \Ilo.~ ' Kathryn S. Koch, City Clerk Approved as to form: City Attorney '"'-.'" ............. P401 Helen K. Klanderud, Mayor Page 5 of 5 P403 ","""",< b. Spatial pattern efficient. The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. StaffFindinrz Staff believes that the property is suitable for subdivision. The site contains no steep topography and no known geologic hazards that may harm the health of any of the inhabitants of the proposed development. Soil mitigation is required if the soils are found to be contaminated In addition, Staff believes that there will not be a duplication or premature extension of pub lie jacilities because the property to be subdivided is already served by cldequate public jacilities. Therejore, Stafffinds this criterion to be met. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: 1. A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. .......," 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by professional engineers as necessary. StaffFindinrz The Applicant has consented in the application to meet the applicable improvements . pursuant to Section 26.580 and no variations are requested. Staff finds this criterion to be met D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. StaffFindinr: The standards of Chapter 26.520, Replacement Housing Program, are not applicable because this application does not include the demolition of multi-family residential buildings. Stafjjinds this criterion to be met E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Staff Findinr: The proposed subdivision is required to meet the School Land Dedication Standards pursuant to Land Use Code Section 26.630. The Applicant has proposed to pay cash-in-lieu of providing Development Review Committee Minutes RE: Land Use Application: 805 South Avenue ~B\T D P405 November 23, 2005 Date: Present: Jennifer Phelan, Long Range Planner Tom Bracewell, Sanitation District Dylan Jolms, Applicant's Representative Background: Essentially this application is to replat an existing subdivision and relocate the lot line. No additional density or lots are proposed. In 2004 the South and Gibson Subdivision was approved for the development of two lots and three primary residences. A number of conditions were part of the approval and the Applicant is proposing to maintain those conditions. Citv Engineer (provided on November 22,2004): . Same conditions as per the last approval (ordinance 2004-16) . Sidewalk ramps must be compliant with most recent addition of ADA standards (minimum length of the ramp and landing platform must be 10'-6" in length from face of curb). Parks(provided on November 22.2004: . The parks department will require separate landscape and tree protection reviews and separate tree permits for each new lot when the lots come forward for building permits. . The parks department requires that the new owners or developers of the newly formed lots be informed of the city's tree ordinance and considerations are made for the protection of significant vegetation located on the properties. . A tree permit will be required before any demolition or significant property changes related to the lot split take place. The tree permit will cover demolition, excavation, and trimming. Please contact the City Forester at 920-5120. . Coordination between the contractor, the City Parks Department and the City Engineering Department is critical for the design and constmction of sidewalks along both sides of the properties. . Planting in the Public Right of way will be subject to Landscaping in the ROW requirements. Improvements to the ROW should include new grass and irrigation. . Utility connections: Parks is concerned with the future connections made for the new development. These connections will need to be designed on the plan in a manner that does not encroach into the tree protection zones. Sanitation: . Service is contingent Llpon compliance with the District's rules, regulations, and specifications, which are on tile at the District office. . ACSD will review the approved Drainage plans to assure that clear water connections (rooC foundation, perimeter, patio drains) are not connected to the sanitary sewer system. . On-site utility plans reqLtire approval by ACSD. '<>...,... Minutes - 11/23/05 C~TG P407 ASPEN PLANNING & ZONING COMMISSION Minutes APRIL 20, 2004 _,',.',-'-"""e'-"'" 1.,."....-., ,-,_c.'C, .P"""-' proposed construction parking, which shall demonstrate that except for essential trade trucks, no other personal trucks are to be parked in the area around the site. The City encourages that site workers be shuttled inji-om the airport parking area. g) A Geotechnical Report and study peiformed by a Colorado licensed Civil Engineer demonstrating ho',tl the required excavation of the site may be performed without damaging adjacent structures and/or properties. This study shall include a detailed description of the slope stabilization and erosion control technJques to be used during construction. If the applicant utilizes soil pins to stabilize excavation cuts, the applicant shall be required to provide afinancial assurance 'in an amount to be determined by the Community Development Engineer. The City Engineering Department strongly prefers that the Applicants use soil hardening techniques rather than soil pins to stabilize the excavation cuts. h) A drainage and 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. Silt fencing shall be incorporated into the erosion control pLan. A 2-year storm frequency should be used in designing any drainage improvements. The drainage plan shall de7nonstrate that there will be no i!,crease in the site's !;istoric runoff as a result of the new residence. ij A letter from the primary,' contractor to the Community Development Director stating thai the conditions of approval have been read and WLderstood. 4) The Apphcant shall provide a new, individual sanitary sewer service line to serve the proposed residence. n,e new service hne shall meet the standards of the Aspen Consolidated Sanitation District. Sanitary sewer service is contingent upon compliance with the Aspen Consolidated Sanitation District's niles, regulations, and specifications. 5) The Applicant shall install a new water service line to the residence thatmeete.tluy~quiremenls of the City of Aspen Water Department and provides sufficient water pressure to serve the residential water needs and the fire sprinkler system that is required by the Fire Marshal. If the water line is to be shared with other residences, the Applicant shall sign a common water service line agreement and the residence shall have,an indiviljuplwqter meter. _ The Applicant shall abandon the existing water service line at the mail1 prior to making a new connection.. 6) Prior to issuance of a building pennit, all tap fees, impacts fees, and building permit fees shall be paid. If an alternative agreement to delay pa)'ment of the Waier Tap and/or Parks Impactfees perlaining to this property is finalized as part of the Residences at Little Nell Final PUD project, those fees shall be payable according to such agreement. 7) The Applicant shall abide by all noise ordinances. Construction activity is limited to the hours between 7 a.m. and 7 p.m, Monday through Saturday. 8) All uses and construction will comply with the City of Aspen Water System Standards and with Title 25 andapplicable portions of Title 8 (Water Conservation and Plumbing Advisory Cod~) of the Aspen Municipal Code as they pertain to utilities. 9) All exterior lighting shall meet the City of Aspen Lighting Code requirements set forth in Land Use Code Section 26.575.150, as may be amendedfrom time to time. 10) Two (2) off-street parking spaces designatedfor use by the residence on Lot 4 of the Tipple Woods Subdivision shall be maintained on tile adjacent Tipple Woods Lodge property or a City approved parking alternative shall be. enacted in conjunction with the construction of the Residences at Little Nell or the Tippler Townhomes tha(will provide two (2) off-street parking spaces }vithin the City that are to be designated for use by the single-jamily residence on Lot 4, of the Tipple Woods Subdivision Seconded by Brandon Marion. Roll call vote: Johnson, yes; Marion, yes; Haneman, yes; Tygre, yes. APPROVED 4-0. _. PUBLIC HEARING: * SOUTH AND GIBSON SUBDIVISI()NA1'ID G~().S .EX..EM~TIONS Jasmine Tygre opened the public hearing for subdivision and GMQS Exemptions for South and Gibson. David Hoefer said the notice, publication and posting were provided. Scott Woodford presented the information on the project for a subdivision and GMQS Exemption dividing one 21,938 square foot lot into 2 lots; one at 6,859 square feet the other at 15,079 square feet. The fIrst lot would have a single-family residence and the second lot would support two single-family residences or a duplex. 6 P409 ASPEN PLANNING & ZONING COiVIl\iIISSION Minutes APRIL 20, 2004 points could be limited and during the building permit process they will go through the same kind of review process with engineering. Tygre asked if the applicant or council decideci ifADUs!y~reb:ujlLorwas cash~in-lieu provided. Woodford replied in order to qualify for the single-family exemption the applicant shall have the option of providing a deed restricted RO ADU or fee-in-lieu. Allgaier responded that at the time of building permit they would decide if there was an ADU or fee-in-lieu. Haas stated that in residential development the applicant had the choice of exemption; if there were mitigation requirements it was then up to the Growth Management, P&Z and or Council but this was not a mitigation. Johnson asked if this subdivision were approved and it moves onto City Council for .approval then no one else but Sarah Oates would see whyre on the lots the houses would be placed. Allgaier replied the Zoning Officer and every other referral agency would review; ifthey walk in and meet the regulations, do the mitigation, pay the impact fees then they obtain a building permit. Haas noted that they rely on the zoning to tell the applicant where and how big buildings can or can't be and residential design standards. Public Comments: 1. Doug Allen, public, said after hearing Jasmine he thinks that there is a problem in ,__ the system; this gets divided into a subdivision without hearing all the issues and the next thing that happens is the access becomes a placement problem. 2. David Oaks, public, manager of Smuggler Park Subdivision, asked if this remained a single lot what can legally be bllilt. Woodford responded two single-family residences or a duplex. Oaks said that the SUbdivision grants the right to build a third home in that area. Woodford said that was cgITect but 1.).9ttott;l~rea~e the builda,ble . square footage. Oaks stated concern for the water and electric to this subdivision because currently that lot operates on a well and to connect to thecity water system would require them to trench across South Street and up to Race Street or trench into the new Smuggler Park Water system. Oaks said it was the same with electric; there was one transformer box that was retrenchedJast year and goes through his yard. Oaks also had a height concern because Smuggler Park has placed height limits of 15 feet. Woodford said the height limit in the area was 25 feet. David Oaks stated the sidewalk wasn't needed on South Street ~'...",. 3, Robert Zupancis, public, stated that he lived diagonal from this property. Zupancis asked what the requirement was for off-street parking for the scenario of a single family and a duplex. Haas replied assume that they will be more than one bedroom units so there would be two parking spaces on site per unit Zupancis stated the traffic was a problem and there was no parking on either side South Street or Race Street and one side of Gibson and Walnut. Zupancis asked if some of the city land could 8 P411 ASPEN PLANNING & ZONING COMMISSION Minutes APRIL 20, 2004 with two legally confom1ing lots. Johnson said that he understood they have to conform to the zoning but that wasn't his issue; he didn't understaJld the need for the interpretation when the community development directors could have signed off on it. Allgaier explained that there was no mystery to the exemption and it was common for community development to package reviews for the planning commission to see the whole picture. Johnson said that was his issue that he did not understand this and h~ didn't think that anything said tonight would help his issues tonight; he said he wanted to review the information and the code. <"'..... Haneman said they had to go from single-family to duplex and then demolish and have the right for two development rights; does it make any difference in light of this subdivision whether there was a house onthis property at all, ifit was a vacant 21,938 square foot lot would this still go forward with the rights for a single family on one and a duplex on the other. Woodford said that they would have the right to build a duplex. Haas replied that the code interpretation was if they had to build the duplex and tear it down to get the right to build the two-single family homes or duplex on one lot. Johnson commented that the code language that you must build it to tear it down waso.dd; he asked if this wasn't an issue prior to this review. Tygre said that many of the surrounding properties were R-15, which wouldn't be a problem but this one was zoned R-6. Tygre stated that the code is what it is and the cornrnissionha.sto go by the fmdings of the criteria although the criteria do not address this .application; although Tygre said she had problemS with the application Tygre stated that it fulfilled the requirements ofR-6. Allgaier stated that this was a simple parceling ofland and the commission was usedto seeing complicated PUD land use reviews. The cornrnis~ion agreed to add a condition that no ulliher subdivision occ).lI ol1Lpt+but itcQul<ilb<e condominiumized. "'- MOTION: Brandon Marion moved to approve Resolution #13, series of 2004 for subdivision and G1vIQS Exemptionfor South & Gibson Subdivision with the following conditions: 1. Prior to issuance of a building permit for either new lot: a.) Park Dedication fees shall be paid for any additional bedrooms that we added above ant;!. beyond what currently exists on the site. b.) Cash in lIeu of school land dedication shall be pa(d. c.) Any proposed new dwelling shall demonstrate their compliance with the Residential Design Standards. d.) An approved tree permit is requiredfrom the City Forester. An approved tree permit requires a proposed landscape plan identifying trees for removal and mealls of mitigation. e.) An outdoor lighting plan for each residence shall be submitted. f) All tap fees, impacts fees, and building permit fees shall be paid g) The private well for the existing house must be abandoned alld a new municipal water service installed. 2. Prior to commencement of constnlction on either lot, a vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site. There shall be no excavation, no storage of construction materials, backfill, equipment, tools or construction traffic inside of the protectivefence. This fence must be inspected by the city forester or his/her designee before any constnlction activities are to commence. 3. The (!.'Cisting house need not be demolished to accommodate the newly created lot boundaries and the encroachments into the side yard setbacks may continue to exisl for the life of Ihe original structure only Upon redevelopment. aI/ structures on these two (2) lots shall comply with the R-6 Zone District provisions with respect 10 the newly created lot boundaries and setbacks. The subdivision plat shall grant an easement to aI/ow for the existing residence to be maintained across the new lot line and shall fimction for the life of the existing 10 """~..- * ,""'~"" .~",'" t--~\T D P413 Aspen City Council Rel<ular Meetinl< June 28. 2004 Councilwoman Richards said at that time, opponents to Burlingame discussed a land tr'ade with Tom Moore to put the affordable housing there. This did not materialize. All in favor, with the exception of Councilman Paulson and Mayor Klanderud. Motion carried ORDINAi'l"CE #24. SERIES OF 2004 - Code Amendment - Liquor Licenses Councilman Semrau moved to read Ordinance #24, Series of2004; seconded by Councilwoman Richards. All in favor, motion carried. ORDINANCE NO. 24, SERIES OF 2004 AN ORDINANCE OF THE CITY COUNCIL OF 11IE (~ITY()FA.SPEN, COLORADO, PERMITTING1tETArtL1QUORStORE~(AND.LiQuOR_ LICENSED DRUGSTORES, FOLLowm<::nZEL'EIi"tOF AN" ... APPROVED APPLICATION, TOCON15tJCfTASt'iNds,' ESTABLISHING A FEBFOR: TBEPERlYIiT;XNDALLO\VrNGHOTEL OR RESTAURANT LICENSEES TO PERMIT CUSTOMERS to RESEAL AND REMOVE OPEN VINOUS LIQUOR: CaNT AINERS .. FROM THE LICENSED PREMISES .. Was read by the city clerk Councilman Torre moved to adopt Ordinance #24, Series of2004, on first reading; seconded by COtmcilman Paulson. Roll call vote; Council members Richards, yes; Torre, yes; Paulson, yes; Semrau, yes; Mayor K1anderud, yes. Motion carried. ORDINANCE #16. SERIES OF 2004 - South and Gibson Subdivision Scott Woodford, corrununity development department, told Council the applicant is requesting subdivision of a 21,000 square foot lot at the comer of South and Gibson into 6,859 and 15,079 square foot lots. After subdivision approval, the applicants could build a single family dwelling on the smaller lot and could build a duplex or two single-family residences on the larger lot. This is located in the R-6 zone; the FAR on the smaller lot would be 3300 square feet and 4,024 on the larger lot or 2020 square feet on 8 _.....____....-'-.....o.__~,_".___., . P415 Aspen Citv Council Re2ular Meetin2 .June 28. 2004 demolished. The issue is how to handle the fact that the existing house will be too close to the lot line. Woodford said a plat note would be acceptable to staff. Haas told Council their concern over the requirement for a sidewalk is that that land was given to the city and the agreement was ifthey wanted to build a sidewalk, they could. Haas said it should not be incumbent on the applicants to build this sidewalk. Haas pointed out to put a sidewalk along South street, they would have to remove about 25 mature Aspen trees. The sidewalk will dead end at the end of this property without a connection to the sidewalk to the east. Haas stated this sidewalk is not needed. There is a sidewalk on the other side of South street. Haas told Council the applicants would be willing to join an improvement district for any future sidewalks. ..- Councilwoman Richards asked about the overhead lines and is the developer planning on undergrounding. Haas said they will coordinate any work with Smuggler Mobile Home Park. They are interested in pursuing the project; however, his client does not needs those lines for service. There is an elecb.;c vault located on their property. Woodford told Council the new houses will not be ta.king their power from the overhead lines so staff felt they could not require the applicant to participant in the tmderground proj ect. - Mayor Klanderud opened the public hearing. Mark Hesselschwerdt, president Smuggler Homeowners Association, told Council they have been working on undergrounding in Smuggler. The overhead line comes across the subject property and everyone will need to work together to get this undergrounded. Hesselschwerdt said the proposal is Smuggler and this applicant will split the 50% of under grounding. Hesselschwerdt said there is a concern about putting 3 units where one used to be. There is also concern that the applicants are receiving FAR that does not reflect the size of the lot. Patti Clapper, Smuggler resident, told Council city staff has been very helpful in addressing the majority of concerns. The neighborhood supports undergrounding and perhaps Council can provide some incentives to the landowner for this project. Robert Zupancis, property owner across the street, asked what off street parking concerns have been solved. Woodford said the condition addresses parking during construction as there is no on-site parking in this area. 10 <";';'"-"'~'~....."":~~:.:;'.'.-~: ....-. P417 Aspen City Council Regular lVIeeting June 28. 2004 ',."" coming out onto the street is preferable. Councilwoman Richards noted at the Mocklin subdivision, only one driveway was allowed. Councilwoman Richards said the allowable house sizes in the city may be too big. Councilman Semrau pointed out the neighbors do not think a sidewalk is warranted in this area. Councilman Paulson asked if this area is within the sidewalk master plan. Councilman Paulson sai.d he.has problems putting more sidew'alks in than are necessary: Mayor Klanderud agreed sidewalks that dead end are not only annoying but are dangerous. Councilman Semrau moved to adopt Ordinance #16, Series of2004, changing condition #4 to indicate that a common driveway to lot 1 and 2 must be provided to South street; that condition #5 is amended to state the applicant shall construct a sidewalk on Gibson including a wrap arOlmd the comer and that "the applicant sign an agreement for future sidewalk installations on South street at the sole discretion of the city"; seconded by Councilwoman Richards. ",-~-~ Councilman Paulson asked if this fits within the sidewalk master plan and what Council discussed last year. Councilman Paulson said his recollection is that Council agreed the sidewalks were complete in this area. Councilwoman Richards reiterated is it important for safety to have one egress. Councilman Semrau noted when subdivisions are approved, curb cuts are minimized. TIle city is sensitive to driveways and to safety. Haas said in the subdivision process, an applicant can retain their existing rights . within reason. They have rights to two driveways for two dwelling units. Haas said he would forego a third driveway; however, they have a right to two driveways. TIle applicants have agreed to a site triangle at the intersection and have agreed to a hammerhead turnaround on site. Worcester read from the subdivision standards noting that the city need not approye a subdivision that would be harmful to the health, safety or welfare of the residents of the subdivision and Council may require a single driveway or may deny the subdivision Roll call vote; Councilmembers Semrau, yes; Paulson, no; Richards, yes; Torre, no; Mayor K1anderud, yes. Mdtion carried. ORDINANCE #17. SERIES OF 2004 .......McGarvey Subdivision 12 ATTACHMENT 2-LAND USE APPLICATION ~ 1'k:?o .1t:t.--r ~TIame: SC>OT4.J, 67/BSCJ>0 S0BVIVIS"/tM.l Location: ~5 5ot>7J.{ IrVli. (Indicate street address, lot & block number, legal descri tion where appro riate) ParcelID# (REQUlRED) 7...7~/- OIJ-JS-ool '2737-073- 35"- DOL REPRESENTATIVE: Name: Address: Phone #: Zo-NE '7 It7U'lI-rEl.T S, LL c... Z"S ~ Em r t/DPI()oJS We AsPE>U co eND J J 5Y1./-~l.(1 ~.~ f\:rfLILIMJ/ Name: C::::~~TuQ I DIU ~l2- Tl\Jb'"Y2.. 5 r lot. G Address: 300 Sf'QII\JCr STflECT J .sUITE" -:Sol Phone#: 5114 - f3.B" TYPE OF APPLICATION: (please check all that apply): A-.$PE>U , Go 81" Jl . 0 Conditional Use 0 Conceptual PUD 0 Conceptual Historic Devt Special Review 0 Final PUD (& PUD Amendment) 0 Final Historic Development 0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt ] GMQS Allotment 0 Final SPA (& SPA Amendment) 0 Historic Demolition '0 GMQS Exemption 0 Subdivision 0 Historic Designation 0 ESA - 8040 Greenline, Stream 0 Subdivision Exemption (includes 0 Small Lodge Conversion! Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane g Lot Split - SI'.JDI \/1 >/..., E>'~. 0 ~ Other: 0 Lot Line Ad'ustment ADI\t IN 412rMTl/ "'~."",~1<1T ~ EXISTING CONDmONS: (descri tion of existin va1s, etc.) "l'2> go. ~(>LtSlJtD. 200 If 'l2.-~ ZOOJII<)6- ~s-nv& sF l2.5SIV&>\)CE l.PT SLlt5'!Avl Dft~ Fe-n- -9 O()T~VILD/w6...r -:J{.. Je, St;YZ,It;3 PROPOSAL: (descri tion of pro osed buildin ,uses, modifications, etc.) 1Ce(..cJ'>VFJ6UI2€" LOI L.;1VIi'$..Iv "Zc- A-L/...oC.A7'lF S~rI~r FurrTkU" TfTwAJ. Li57S AJo t.J.l/'rW 70' $()/rDIIU'...., /tPr->nWIf'1.$ 12l..-r,)t.J.,rft'9 Have you attached the following? FEES DUE: S J I "85: 0 0 o Pre-Application Conference Summary o Attachment #1, Signed Fee Agreement o Response to Attachment #3, Dimensional Requirements Form 0." ~esponse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards A1I-.".ans tjIat are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Fonnat) must be submitted as part of the application. '<<,;,.-- Project: Applicant: Location: Zone District: Lot Size: Lot Area: ........, ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Sou'11-/-v €1/1350r.) SU6Ir>/VIS/OI\J Cb\11"l)Q 1ll>V Pfr/2.711Jf:/l.,) 80S" $ U1JT~ "We- . 1Z.- Z,I '138 "Z'Z 8 07 7 19~ LoT 15 ~1'/ (for the purposes of calcuIating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Number of residential units: Number of bedrooms: Existing: ,v fA Proposed: Existing: I Proposed: Existing: --':1.--Proposed: ,v/I't Z-~ 'T13"D Proposed % of demolition (Historic properties only): II/A. . DIMENSIONS: Floor Area: Principal bldg. height: Access. bldg. height: On-Site parking: % Site coverage: % Open Space: Front Setback: Rear Setback: Combined FIR: Side Setback: Side Setback: Combined Sides: Fl'1~ 3*' ]. 71>7 Existing: Zf,;,o Allowable: '/'/75"' Proposed: 'f 3z~ Existing: IS' /tf'l'I2,YAllowable: 251 Proposed: fa D Existing: 'o~IZ' Allowable: z.I'II7,1 Proposed: ,JSP Existing: z-3 Required: '-I ;II/tJProposed: ~'P '/ "'AI Ll1!b A/ft-I J"1". Existing: 10 Ii) Reqwred: 27'/, Proposed:."" ,.... Existing: SB ~oJt1 Required: N / k Proposed: 11317 Existing: 'Z- ~. ~ 1 Required: Ie> / I~ Proposed: )6!IS Existing: ~ 7 ~ I Required: J 0/:) Proposed: 1 f) / b Existing:~'Oo I Required: /II/A Proposed: ,v/fT Existing: 'I, " I Required: 5/16 Proposed: J 0 J IS Existing: AI/AT Required: N!P. ~ 9t Proposed: tV IA- :y..;t Existing: j1I / A f4 . Required: N,4\ 'l' Proposed: III flr i:i Existing non-co onnities or encroachments: S IDC YJf>'lP ~ 6"7U~ ( F'l'21N~ IfJlfJ. .q J4a1tS S-rnNt;'T1Jf1.61 P~Ct: VTlLI7'/ j..IV€'- C'Lcffl7./C- IIN.L: - 12 ",1ft }:'">tXIUfk,l.( o'IJTo $I.IfJa"c.-r SITf .. srr $oJnll&'1 Variations requested: NfF>tJE -1E -rrz.J ~WLM- *- ~ I /Z. P 6!:rll u\:"1- CIl"$6J ~)../. 1..01 wi FrUlV-r I A!. T frl.iWI I oJ SlPE" YIr12.li' (,) L..trr5 IN/ pr2.lAV7 I EE"l-/'Z. I I S i"RO, """"1;> .5"""' r ?nI/>VT YJt1'1.(:::>.. CITY OF ASPEN COMMUNITY DEVELOPMENT DE ARTMENT A cnHOT Pa lIIen! or . of A en n""c1o ment ^ licmion Fees CITY OF ASPEN (bercioaftcr CITY) and c.DJ Tv tz.j O^-' pl\t'z.1oJn .> (bcreiooflcr APPUCANI) AGREE AS FOLLOWS: 1. APpLlCAN!' has submitlCd to CITY an application ~ r 1'r'D....I'.... M~ A1"""~E"J7" (bereinafter. THE PROJECT). 3. APPLICANT and CITY agn:e that becauSe of the si ,IlabU'C or scope of the propoS<d pmject, it is not possiblt: at Ulis time to as=tain the full extent of the involved in processinll the applicalion. APPLICANT and CITY fUll:bCr agIee that it is in the in1e1CSt of the . os !bat Al'PUCANT make payment of an inirial deposil and to tbcll:aftcr permit additional costS to be b' ed to APPLICANT on a motllhly basis. APPLICANT agJeeS additioml costs may aeewe foUowing tbeir . lUldIor approV'Jls. APPLICANT agrees !lc wiU Ix: benefited by retaining gn:ala' cash liquidity and will make . :onal payments npon I1OtiflCldion by the CITY when they an: ncccssmy as costs an: incuned CITY agrees it ill be bcIlefilCd through the greater oertainly of """",criog its full ooSlS 10 piOCcss APPLICANT'S apptication. 4. Cl1Y and APPLICANT funhc:r agree that it is mpracticable for CITY. staff 10 COlTIJllete processing or pll:SClll sufficient infonnation 10 the Planning Commiss and/or City Council to enable the Planning Commission and/or City Council to rn.-.ke legally required findings fo roject collSideration, unless current billings ate paid in full prior 10 decision. /J..-",n,"'V PV2. t.,,- ff'l.17 2. APPUCANT UDderstands and ag=s that City of establishes a fee sttuctulC for Land Use applications and the payment 10 a de1l:tmination of applicalion completellCSS. 0nIimncc No. 57 (S<:ries of 2(00) all pmccssing fees is a condition precedent 5. Tborefore. APPLICANT agrees th."I\ in considernlio of the CITY's waiver of its right to collect full fees prior to a determination of application oompIetencss, APP CAN!' sban pay an initial deposit in the amoum of$ III~ 85."" which is for 12. l' bours of Co 'ty Developm<:1ll stafl'1i..... and if acwal recorded costs exceed the initial deposit., APPUCANT shall pay addi onal moodily billings to CITY 10 reimburse the CITY for the processiDg of \be application mcmioned above, i post ;tppI'O\'3l review at a I3/l: of $220.00 per planner hour over the initial deposit Such periodic payments s Ix: made within 30 days of the billing date. APPLICANT Curtheragn:es t.bat failweto pay suchaa:roc:d costs sbaU ll"'1UIds Cor suspcnsion of pmc:essing, and in no case will building pennits be issued uutil all costs associated witl ease processing haVe been "nid. By: By: CITY OF ASPEN Chris BeddOD Community Development Director *Jll,~'05,OO~ ,,,,,-..\IDe> .j~'ZO ]>L.""'OVI....c.- Fl:'E" f'roJr::? .JI 3e.5 .o!:'V(,IO\lfDZI~ Tl"'l\l"\l F/:.~. lI'I"upportlform.\aJ:rpayas.doc 1/10/01 .".d d90:21 SO 20 I\OI-J r . . .:.-,..........-,. .lllll, ~ Wate~ A., '1fZ , . 14."0 H(T _CT. ~ ~ (I, p,o. 50;1; .2808 ASP&;'N CO 81612 Ph 1170.54" .3641 F 070.04".8211 October 31, 2005 Aspen Community Development Department 130 South Galena S1reet Aspen. CO 81611 R.e: South & Gibsoo Subdivision Admin. Growth Manag cut Review and Exemption for a Lot Split "". Aspen CO 81611) to act as land use application being Avenue (PatccI ID No. 2737"()73- . to submit 3D application for family or duplex dwelling unit> reviews. ZOIle 4 Architccls. boards., COIIIJt\issioos, and the I hereby authorize Zone 4 ArchitccIs. LLC (234 East Hopkins our designated and authorized representative with respect to submiltCd to your office for our properties located at 805 Son 35..()01 and 2737-073-35-0(2). Zone 4 Architects, LLC is a Administrative Growth Managcmc:nt Review: DclaChcd singI and Subdivision Exemption for Lot Split, and any other incid LLC is also authorized to represent uS in meeting<; with City S City Council. Should you have lIlly need to contact me during the coon;<: of our review, pl= do so through the offices of Zone 4 Architects, LLC. ~_. 2'd <<00: 60 SO a: ~"O "-" PLANNER: PROJECf: REPRESENTATIVE: 1YPE OF APPLICATION: DESCRIPTION: CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY James Lindt, 429-2763 South and Gibson Lot Split and GMQS Review Dylan Johns Lot Split, GMQS Review for a Lot Created by a Lot Split DATE: 1117/05 The Applicant wou1d like to recoofigure the lot boundaries that were approved in the South and Gibson Subdivision in 2004, in order to change the location of the proposed residences within the subdivision and to change the lot sizes and FAR allotted to each of the subdivision's two lots. Since the proposed changes are significant and do not relate to teclmical or ~ considerntions, a lot line 3lljustment cannot be pfOC""'lffl. However, the Applicant will not have to apply through the full subdivision process. The Applicant can ask City Council to vacate the previous subdivision approval that was not acted upon and apply fur a Subdivision Exemption fur a Lot Split. The lot was previously divided through the full subdivision process because there was a requirement in the Growth Management section of the land use code that did not allow for properties outside of the original townsite to be approved for a lot split. Land Use Code amendments that were recently adopted by City Council changed the abovementioned requirement so that lot splits can now be processed outside of the original townsite. Staff wou1d suggest that the Applicant apply to combine the reviews of the growth managemeut review and the lot split pursuant to Land Use Code Section 26.304(B)(1), Combined Reviews. '-and Use Code Section(s) . 26.304 Common Development Review Procedures 26.470.040(8)(1) Admin. Growth Management Review: Detached single-family or duplex dwelling units. Subdivision Exemption for Lot Split Off-Street Part<ing Part< Development Impact Fee School Lands Dedication Medium-Density Residential (R-6) Zone District 26.480.030(A)(2) 26.515 26.610 26.630 26.710.040 Review by: Public Hearing: Pl~nning Fees: Referral Fees: Total Deposit: Staff fur complete application. Referral agencies for technical considerations. City Council for final determination. Yes at City Council 204 Reading of Ordinance. $1,320 Deposit fur 12 hours of staff time (additional staff time required is billed at $220 per hour) Engineering ($365) 51,685 Total Number of Application Copies: Lot Split: 20 Copies with 11" x 17" plan copies and 2 Copies of24" x 36" plans. To apply, submit the following infonnation: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. "'-. '.:.. 3. 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. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Completed Dimensional Requirements Form. 7. Pre-application Conference Summary. 8. An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 9. Proof of ownership. 10. Existing and proposed site plan, landscaping plan, and parking plan. n. A site improvement survey that includes all existing natural and man-made site features. 12. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 13. Draft lot split plat completed by a registered professional land surveyor that contains proposed lot boundaries and square footages. 14. A written description of proposed construction techniques to be used. 15. All other materials required pursuant to the specific submittal requirements. 16. List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on mailing labels for a small fee. 920.5453 17. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word fonnat is preferred. Text format easily convertible to Word is acceptable. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, wbich is subject to change in the future, and upon factual .Gpn:scntations tbat mayor may not be accwate. The summary does not create a legal or vested right. ARCHITECTS L L c. P.O. BOX 2508 ASPEN CO 81612 Ph 910.544.3541 F 910.544.8211 November 7, 2005 Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 To Whom It May Concern: This is an application requesting a combined Administrative Growth Management review and a Subdivision Exemption for a Lot Split (per Land Use Code Section 26.304(B)(1)) for the already created South and Gibson Subdivision. The ownership of the property has changed hands, and the new owners wish to reconfigure the lots and re-aIlocate how the lot area is distributed between the two lots. Regarding the Administrative Growth Management Review: Per the criteria for approval, the applicant intends to comply with the regulations in place at the time of permitting for the final unit count and FAR's for the units to determine the appropriate type and level of mitigation required. Regarding the Subdivision Exemption for a Lot Split: The purpose of the lot split is to move the single-family home site away from the intersection of South and Gibson. At the same time, after studying the effects of the setbacks, we would like to redistribute the lot areas in a different ratio than was previously approved so that the building site that is more conducive to a better home design (the triangular lot shape creates large areas that can not be built upon). This application does not seek to intensify the number of parcels in the subdivision, nor does is propose to change any of the conditions of the original subdivision approval. The development is capped at three dwellings units per the initial subdivision approval and the criterion for Lot Splits. Access to the all of the dwellings will still be provided with a single cUlb cut off of either Gibson or South Ave per the current approval. A more specific breakdown of the specifics of the current and proposed lot sizes follows. '..., . The original subdivision was approved on June 28, 2004. The two parcels have Lot Areas of 6,859SF (Lot 1) and 15,079SF (Lot 2), with the smaller, single family, lot located on the western point of the main lot at the intersection of South and Gibson Street. The larger duplex lot runs north/south alongside the trailer pan fence line. Per Resolution No. 71, Series of 1995, there is a parcel ofland granted to the city, known as "Parcel B", that continues to grant development rights "'. to the main parcel even though it is not be included as lot area for the original parcel. In the initial subdivision application it was determined that the Lot Areas to calculate FAR would be 7,184 SF (Lot 1) and 15,694 (Lot 2), due to the configuration of the lot lines. This application seeks to create lots that will contain approximately 9,787 SF (Lot 2) and 12,J51 SF (Lot 1), with the smaller, single family, lot in the Southeast comer and the larger duplex lot running along South Ave from the intersection to the trailer park. As both lots are no longer contiguous to "Parcel B", Lot 1 will be then be the sole recipient of the ''Parcel B" lot area for the purposes of calculating FAR on that parcel, which would have an FAR calculate-able area of 13,095 SF. There will be no allocation to the reconfigured Lot 2 since it completely separated from "Parcel B" by Lot 1. After some preliminary studies, we believe two of the of the major benefits of the revised lot configuration are moving the single-fiunily home site from the intersection away (which reduces the allowable FAR at that end of the site) and improving access to the units from the street and within the subdivision itself. The residence units will most likely be constructed utilizing timber framed walls and poured in place foundation walls. ADDroval Criteria 26.470.040 (B)(1) Admin. Growth Management Review: Detached single-family or duplex dwelJing units. 1. Detached single-family or duplex dwelling units. The replacement after demolition of an existing single-family dwelling into multiple detached residential units or a duplex dwelling regardless of when the lot was subdivided or legally described: the redevelopment or conversion of an existing single-family dwelling into multiple detached residential units or a duplex dwelling (or vice-versa) regardless of when the lot was subdivided or legally described; or, the new development of a single-family or multiple detached residential units or a duplex dwelling on a lot htat was subdivided or was a legally described parcel prior to November 14, 1977, that complies with the provisions of Section 26. 480.020(F), Aspen Townsite Lots, or on a lot created by a lot split, pursuant to Section 26.480.0600, shall be approved if all the following standards are met. These units shall not be deducted from the respective Annual Development Allotments or Development Ceiling Levels established pursuant to Section 26.470.030. Sint!le Familv. In order to qualifY for a single-family approval, the applicant shall havefive (5) options: a) Providing and above grade, detached Accessory Dwelling Unit (ADU) or a Carriage House pursuant to Section 26.520, Accessory Dwelling Units and Carraige Houses; or, b) Providing and Accessory Dwelling Unit, or a Carriage House, authorized through Special Review to be attached and/or partly or fully subgrade, pursuant to Section 26.520; or, c) Providing an off-site Affordable Housing Unit within the Aspen Infill Area accepted by the Aspen/Pitkin County Housing Authority and deed restricted in accordance with the Aspen/Pitkin County Housing Authority Guidelines, as amended; or, d) Paying the applicable affordable housing impact fie pursuant to the AspenlPitkin County Housing Authority Guidelines, as amended; or, e) Recording a resident-occupancy (RO) deed restriction on the the single- family dwelling unit being constructed. Duplex. In order to qualifY for a duplex approval, the applicant shall have six (6) options: a) Providing one freee market dwelling unit and one deed restricted Resident- Occupied (RO) dwelling unit with a minimum floor area of one thousand flve hundred (1,500) square fiet; or, b) Providing either two above grade, detached Accessory Dwelling Units or Carraige Houses (or one of each), or one above grade, detached ADU or Carriage House with a minimum floor area of six hundred (600) net livable square fiet, pursuant to Section 26.520; or, c) Providing either two Accessory Dwelling Units or Carriage Houses (or one of each) or one ADU or Carriage House with a minimum of 600 net livable square fiet authorized through Special Review to be attached and/or partially or fUlly subgrade, pursuant to Section 26.520; or, d) Providing an off-site Affordable Housing Unit within the Aspen Infill Area accepted by the AspenlPitkin County Housing Autharity and deed restricted in accordance with the AspenlPitkin County Housing Authority Guidelines, as amended; or, e) Providing two deed restricted Resident-Occupied (RO) dwelling Units; or, f) Paying the applicable affOrdable hausing impact fie pursuant to the AspenlPitkin County Housing Autharity Guidelines, as amended. ""'"', ...... At this stage, it is envisioned that once the mitigation credit for the existing structures have been applied to the new allowable FAR's, any required additional affordable housing mitigation will most likely be met through cash-in-lieu or the provision of an ADD or both. This requirement will be met for both the single-family residence and the duplex as required. 26.480.030 (A)(2) Subdivision Exemptions for a Lot Split. The split of a lot for the purpose of the development of one detached single-family dwelling on a lot fOrmed by a lot split granted subsequent to November 14, 1977, where all of 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 adaption of subdivision regulations by the City of Aspen on March 24, 1969. This restriction shall not apply to properties listed on the Aspen Inventory of Historic Landmark Sites and Structures. 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 develapment is proposed will mitigate for affordable housing pursuant to Section 26.470.070(B). 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 26.470.040 (C)(1)(a) 'c,.,."". A d. A subdivision plat which meets the terms of this Chapter. and conforms to the requirements of the 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 Chopter 26.470. . e. The subdivision exemption agreement and plat sholl 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. r. In the case where an eristing 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. 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. B. This property was subdivided for the first time in June 2004, and this criterion does not apply Two lots are created by the lot split, and both lots conform to the underlying zoning at the time of application. This lot bas not been part of a subdivision exemption or "lot split" exemption application or granting of any exemptions. After approval is granted, a plat sball be recorded and sball also indicate that no further subdivision may be granted for the lots nor will additional units be built without the receipt of applicable approvals pmsuant to Chapter 26.480 and growth management allocation pursuant to Chapter 26.470. The plat sball be recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days following the approval by the City Council. There is an existing single-fiunily dwelling that occupies the site, and mayor may not be demolished prior to application for the lot split. The intended build out for the two parcels are a single-fiunily residence and a duplex. C. D. E. F. G. 26.515 Off-Street Parking Off-street parlcing for each of the residences will be provided by a two car garage for each of the dwelling units, and accessed by a shared driveway due to the requirement to only allow one curb cut to service all units in the subdivision. If an AD U is buih on site, there sball be one parlcing space per unit as required by Section 26.515.030 that will be a surface parlcing space. 26.610 Pork Development Impact Fee 26. 630 School Lands Dedication The Park Development Impact Fee shall be calculated and paid at the issuance of building permit based on the unit count and fee schedule at the time of issuance. The School Lands Dedications will need to be paid-in-lieu, as the lot size is too small to consider a gIlIIlting of land. As the residences have not been designed, the calculation can not be completed at this time. The Applicant agrees to make the required payments prior to and on a proportional basis with the - issuance of building permits for the project. Payments will be based on the applicable formula in effect at the time of building permit issuance for each residence. '",-,,.< 26. 710.40 Mediam-Density Residential (R-6) Zone District The new lots will be in confonnance with the applicable zoning requirements for the R -6 zone district. These residences will also be required to comply with the Residential Design Standards per section 26.410, and it is the intent of the applicant to meet these standards and/or request the appropriate variances. Thank you, Dylan M. 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'. ..^..".~--~. \ .-..,....~ ,..-'- - j! \ 'i .. w' ~ I '1."'\.' ~r.:p <) 0 2005 JI;\ I 11" ......'-. ..... 'II ,':i U I U '",;-_. ...... " -.-,.~.'-, I v I U L'J v- L.~I d U L..I L-" ~-~.~--~-~-~-~-----~~--~ ". Cili OF ASPEN ~ PAID 9AfIi FlEP rlhlf) e. NO. ;J. '1 ~8'b \, '\ SILVIA DAVIS PITKIN COUNTY CO 111111111111111I111111 :~;~~:;~ ~4 0E R 11.00 0459.50 45Q. c;O Df WHEN RECORDED RETURN TO: Name: Address: Centurion Partners as, LLC c/o John Sarpa 300 South Spring Street Aspen, CO 81611 WARRANTY DEED T.""~S DE~~, .made this 8th day of September, 2005, between Gibson Avenue, LLC, a Colorado LImited LI~blhty Company of the said County of Pitkin and State of Colorado, grantor, and Centunon Partners GS, LLC, a Delaware Limited Liability Company whose legal address is c/o John Sarpa, 300 South Spring Street, Aspen, CO 81611 of the said County of Pitkin and State of Colorado, grantee: WITNESSETH, that the grantor, for and in consideration of the sum of Ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the said County of Pitkin and State of Colorado described as follows: Lots I and 2, SOUTH & GIBSON SUBDIVISION, according to the Final Plat thereof recorded February 7,2005 in Plat Book 72 at Page 12 as Reception No. 506797. County of Pitkin, State of Colorado. also known by street and number as: 805 Gibson St., Aspen, CO 81611 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the '>.--.- File Number: 44126-C4 Stewart Title of Aspen, Inc. Warranty Deed - Photographic Record (Extended) Page lof2 514519 TRANSFER DECLARATION RECEIVED 09/08/2005 ,..' ~~. ..-.. . / 514519 Page: 2 of 2 09/08/2005 04:0E R 11.00. 0459.50 ~.,~......<>.,~............,-.". ";..'" .....,'....' grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents. he' is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes. assessments, encumbrances and restrictions of whatever kind or nature soever. except The grantor shall and will wARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural. the plural the singular. and the use of any gender shall be applicable to all genders. e grantor has executed this deed on the date set forth above. e ringer. Managing Mem r of Gibson Avenue, LLC. a Colorado Limited STATE OFeo1v'4-uv fWl~\ DA COUNTY OF ~ DA 1)E The foregoing instrument was acknowledged before me this \Nru~ , day of '), Pln-\ Bf It "1~ ,byBy: William Boehringer, Managing Member of Gibson Avenue. LLC. aColorado ') Limited Liability Company My commission expires No\J I ~J.t]O~ Witness my hand and official seal. }{n1~oiR~ S\~~~t~ Notary Public: ~~i'~~~ OFFlqAl sw. /.: ~'\!:) Madeleine S - ~. .., .,~ .; ~!!': 0.0.# 373390 , ::.~~~",i" ~ 0rm1issm Expir!s ~.... M<:l'l<!.>M'ce~ l'1.t...,UlO'l> J1X ",~,!p._("'L. l:~"" D lU SlAL .. " ':~ S. K-el1y ,.~~}~, ~Jj.~=~18,. ------ -'-~~~--'- :\,\\III~'II',;,_" $'R.}\:'~:::\ CFF1CIAl. SEAL l..~^.. ,. .. .': I IVj"'''.~S i~' "1.".'<; . ..._,g . Kelly ..~ . ,,0, I' )" 373390 ~. '," . J.... "'Pi 01" '''''',~''~ '" -.....' lily '.;r:::-;".."," Ellie ~ 18, 200l - FIle Number: 44126-C4 Stewart litle or Aspen, lnc. Warr.mty Deed _ Photographic Record (Exlendedl Page 2 of2 '"-' I jl . ---.---< I ;..--.-- 1 : DRISKELL DOUGLAS I 200 COTTONWOOD LN J:. ASPEN, CO 81611 it ---._------------ .'" I I i I I I , I I I I I I I Impression antibourrage et it sechage rapi,l. Utilisez Ie gabarit 5160411 ALLEN DOUGLAS P 403 LACET LN SPEN, CO 81611 BOYLES BARBARA PO BOX 192 ASPEN, CO 81612 BURROWS ARTHUR & COLLEEN COLLINS 410 N MILL ST #B-l1 ASPEN, CO 81611 ! I CITY OF ASPEN 130 S GALENA ST l ASPEN, CO 81611 CREEKSTONE ASPEN LLC 4545 POST OAK PL STE 100 HOUSTON, TX 77027 DAVIS SILVIA 509 RACE ST ASPEN, CO 81611 GOLDSTEIN GERALD H & CHRISTINE S PO BOX 2045 . ASPEN, CO 81612 GRIFFITH PROPERTY LLC 225 N MILL ST #8 ASPEN, CO 81611 HARRIS DAVID G & MARGARET ANN 533 SPRUCE ST ASPEN, CO 81611 I, ".1OHNSON ELIZABETH A 115 MAPbE LN ASPEN, CO 81611 __._ _ ....__...... '((iii\ - www.avery.coml~ 1-80o-Go-AVERY - ARTHUR STEPHEN F I PO BOX 4871 I: ASPEN, CO 81612 Ii BROOKS LAURIA J 112 MAPLE LN ,I ASPEN, CO 81611 il CAMPBELL BEVERLY ANNE 207 COTTONWOOD LN ASPEN, CO 81611 I CLEAVER CHRISTIN CLARK PO BOX 8993 ASPEN, CO 81612 CWG HOLDINGS LLC 15 WEST 63RD ST APT 29A NEW YORK, NY 10023 . GONZALES STEVE 105 MAPLE LN ASPEN, CO 81611 GRIFFITH PROPERTY LLC 709 N SPRUCE ST ASPEN, CO 81611 HAUENSTEIN WARD & ELIZABETH 535 SPRUCE ST ASPEN, CO 81611 II : I JUNG DENNIS PAUL & LISA KANE , PO BOX 8351 : I ASPEN, CO 81612 Ii I I AlI3^V-091l0S-~ - , @ AVERY@ 5160@ BARNEY DESIREE H & SAMUEL T I 211 COTTONWOOD LN ASPEN, CO 81611 BUDINGER PEYTON E REV TRUST 728 E FRANCIS ST ASPEN, CO 81611 CENTENNIAL ASPEN A LIMITED PARTNERSHIP o ASPEN, CO 81611 COX ROBERT 112 MAPLE LN ASPEN, CO 81611 DANFORTH DAVID N i i PO BOX 1863 ASPEN, CO 81612 FORDE CANDICE MARIE 210 COTTONWOOD LN ASPEN, CO 81611 GREENWOOD GRETCHEN 520 WALNUT ST ASPEN, CO 81611 ii I I I I I: I I I GUPTA BENJAMIN K 5805 S 86TH CIR OMAHA, NE 68127 HAUER MINEKO 202 COTTONWOOD LN ASPEN, CO 81611 , , , I i! KAUFMAN STEPHEN M TRUST 3 RIVERWAY STE 1350 HOUSTON, TX 77056 @09~5 llVldl/llll ~a^v aso finnllu..I AaJ..I a6Dnwc Due wer - _.-------- - ._,---_.~.._--- ..~~ - - , www.avery.com L 1-80o-GO-AVERY Impression antibourrage et a sechage rap; Utilisez Ie gabarit 5160<>> I KESSLER CHARLES D & DIANNE A 14 MAPLE LN .sPEN, CO 81611 LEBBY NICK C/O LA COCINA INC o ASPEN, CO 81612 MILLER TROY CHRISTIAN 213 COTTONWOOD LN ASPEN, CO 81611 ORTIZ MICHAEL 520 WALNUT ST ASPEN, CO 81611 ,,-.- - .---- PHILLIPS JOHN E & LYNN D 305 OAK LN ASPEN, CO 81611 ( RICHARDS WILLIAM J & JUDITH M PO BOX 2534 ASPEN, CO 81612 /- SOSNA DALlBOR & DOMINIKA PO BOX 3970 ASPEN, CO 81612 TAYLOR LAKE EQUITY VENTURE LLC 728 E FRANCIS ASPEN, CO 81611 ,I , I' II .:.1 [I 'I I I' I[ il I, ., '11 II Ii II II )1 -----" I I[ \1 f: '-1: . 1 [ I II ,[ "'1 \11 Ii I' , I VOLK RICHARD W FAMILY RESID TRUST 1/2 2400 SUGUSTA#340 HOUSTON, TX 77057 WALNUT PROPERTY LLC C/O CAMILLA AUGER o ASPEN, CO 81611 I 1 1 II II II \: )1 __ -..---.1 I: .1 II :1 )1 'I I: \: ;1 '.1 II I, il II II 1 II: II: I' I 11 , ,I KING CHRISTOPHER & DONNA I I CLOUATE I PO BOX 3065 ,I ASPEN, CO 81612 " . :[ I MACK EDWARD E TRUST C/O LITTLER MENDELSON o CHICAGO,IL 60601 MORSE JAMES A TRUST 107 SINCLAIR DR MUSKEGON, MI 49441 PEEPERS HOLLOW LLC 728 E FRANCIS ST ASPEN, CO 81611 POWELL MARY FRANCES THORNE MICHAEL JEFFREY o ASPEN, CO 81611 ROSENFIELD DAVID BARRY & MARIA 3382 DEL MONTE DR HOUSTON, TX 77019 STONE PHYLLIS 108 MAPLE LN ASPEN, CO 81611 I TUITE WILLIAM E . 212 COTTONWOOD LN ASPEN, CO 81611 VOLK SUE J FAMILY RESID TRUST 1/2 2327 MIMOSA DR HOUSTON, TX 70719 WEISS DAVID S PO BOX 11911 ASPEN, CO 81612 --.--- ----.--.'- --_...--------- .- -= __..__.___~_______.__.._ _._ _ u___.____. -- .------------ - I JJ13^'t1-o!Hl0S-~ ~ AVERV@ 5160@ I ! i I ., LAWRENCE TERRY " PO BOX 942 I i PINE VALLEY, CA 91962 II II I I I MILLER LEE L 11575 FOLSOM POINT FRANKTOWN, CO 80116 OAKES KEN 204 COTTONWOOD LN ASPEN, CO 81611 PETERSON ANNE BYARD ANNE PETERSON RICHARDS BYARD C/O o ASPEN, CO 81611-2112 RATHBUN W DON PO BOX 1573 ASPEN, CO 81612 SEYMOUR EUGENE H & JUDITH K 390 N SPRING ST ASPEN, CO 81611 --.-- ---~-- ...-- STROBL MARIO J 110 MAPLE LN ASPEN, CO 81611 VAIL ROBERT 307 OAK LN ASPEN, CO 81611 WALDROP L MEL 209 COTTONWOOD LN ASPEN, CO 81611 WIENER WILLIAM B JR 333 TEXAS ST #2375 SHREVEPORT, LA 71101 Cil)09~5 llVldWll Cil)J.J.aAV · 6UWlIJd ea.I:I a6pnw5 pue u Impression antibourrage et a sechage rapicl- Utilisez Ie gabarit 5160~ : - - YOUNG DENNIS & ANDREA PO BOX 133 ~PEN, CO 81612 ZUPANCIS ROBERT L PO BOX 11481 ASPEN, CO 81612 ;i II II r I l I I I I: II I II 11 )1 1: I I I -. , - , l__n_ _"".1.,...... .....~..... ~ AlI3J\'<f-09-o0S-~ ...__.1._._....... www.avery.com ""'-., 1-80ll-GQ-AVERY 1 - I' I! I. Ii ;1 I --\ I I, i' I I I jl <I I I I I I I I I I I I I I I I 1 I I , " I, i' 'I I, 'I I ~ AVERY@ S160~ CiIl09~S ll'lfldWll ~a^,'f/ asn 6uQUIJd a;u~ a6pnws pue wer ,-.... 1IIIIIIIIIIIIIIIIIIIIIIr~~~;~~:~l ~1: 401 SILVIR ORVIS PITKIN COUNTY CO R 36.00 0 0.00 ORDIl'IANCE NO.li, (SERIES OF 2004) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A . SUBDIVISION FOR THE SOUTH AND GIBSON SUBDIVISION, LOCATED AT 805 SOUTH AVENUE, LEGALLY DESCRIBED IN ATTACHED EXIllBIT I, CITY OF ASPEN, PITKIN COUNTY, COLORADO. ParcelID: 2737-073-00-031 WHEREAS, the Community Deve1o~ment Department received an application from Gibson Avenue LLC (c/o William Boehringer, Manager), represented by Haas Land Planning, LLC for Subdivision approval and Growth Management Quota System (GMQS) Exemptions to subdivide the existing lot into two lots for the development of up to three primary dwelling units in accordance with the City of Aspen Land Use Code; . and, . WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Parks, Zoning and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposal for Subdivision and Growth Management Quota System (GMQS).Exemptions and recommended approval with conditions; and, WHEREAS, pursuant to Section 26.480 of the Land Use Code, Subdivision approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.470 of the Land Use Code, GMQS Exemption approval may be granted by the Community Development Director and, because the requested GMQS Exemption complied with the applicable review criteria, the Director granted such approval for up to three units on the two proposed lots; and, WHEREAS, the Subdivision review by the Planning and Zoning Commission requires a public hearing and this application was reviewed at a public hearing where the recommendations of the Community Development Director and comments from the public were heard; and, WHEREAS, during a regular meeting on April 20, 2004, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and where, by'a three to one (3-1) vote, recommended City Council approve the Subdivision, with the findings and conditions listed hereinafter; and, "" ~, /'"", .' 11111111111111111 IIMIII ~~~~~:;1 ~1401 SILVIA DAVIS PITKIN COUNTY CO R 36.00 0 0.00 WHEREAS, the City of Aspen City Council fInds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, ... " WHEREAS, the City of Aspen City Council reviewed and considered the development proposal at a public hearing on June 28,2004 and approved this Ordinance (on Second Reading) for Subdivision; and, WHEREAS, the City of Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE ASPEN CITY COUNCIL THAT: Section 1: The South and Gibson Subdivision is hereby approved, subject to the following conditions: 1. Prior to issuance of a building permit for either new lot: a. Park Dedication fees shall be paid for any additional bedrooms that are added above and beyond what currently exists on the site, as determined by the City Zoning Officer. b. Cash in lieu of school land dedication shall be paid. c. Mitigation shall be required in accordance with Section 26.470.070.B of the City of Aspen Land Use Code (if the applicant proposes to construct an accessory dwelling unit instead of paying the fee in lieu to satisfy this requirement, then the ADU shall be completed prior to issuance of a Certificate of Occupancy for the primary structure on that particular parcel). Documentation of the existing house's floor area must be submitted to the City Zoning Officer for review if a credit is to be used against any required payment of cash-in-lieu of an accessory dwelling unit (ADU). d. Any proposed new dwelling shall demonstrate compliance with the Residential Design Standards or any needed variances shall be obtained. e. An approved tree permit is required from the City Forester. An approved tree permit requires a proposed landscape plan identifying trees for removal and means of mitigation. f. An outdoor lighting plan for each residence shall be submitted. g. All tap fees, impacts fees, and building permit fees shall be paid. h. The private well for the existing house must be abandoned and a new municipal water service installed. 2. Prior to commencement of construction on either lot, a vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees 1"'.." -. '-"" 1111111111111111111I ~ :~~;~~:;l ~1401 SILVIA DAVIS PITKIN COUNTY CO R 36.00 D 0.00 remammg on site. There shall be no excavation, no storage of construction materials, backfill, equipment, tools or construction traffic inside of the protective fence. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. Submission of a construction management plan, including designation of off-street construction parking, shall . be required prior to issuance of building permit. 3. The existing house need not be demolished to accommodate the newly created lot boundaries and the encroachments into the side yard setbacks may continue to exist for the life of the original structure only. Upon redevelopment, all structures on these two (2) lots shall comply with the R-6 Zone District provisions with respect to the newly created lot boundaries and setbacks. The requirements of this condition shall be noted on the subdivision plat and in the Subdivision Agreement. 4. A common driveway shall be required for access tothe lots and only one (1) curb cut shall be allowed. The applicant may take access from either South Avenue or Gibson Avenue; however, the driveway shall be placed as far as practicable from the South/Gibson Avenue intersection. A hammerhead driveway shall be constructed to allow cars to turnaround on-site and avoid backing onto the street. 5. The applicant shall construct a sidewalk, in compliance with City of Aspen Department of Engineering standards, for the entire portion of the property fronting Gibson Avenue. The applicant shall also construct a sidewalk partially along South Avenue to a point near the intersection of Gibson Avenue and South Avenue that the City Engineer determines is sufficient to allow safe pedestrian passage to the sidewalk on the north side of South Avenue. Prior to recording of the fmal phit, the applicant shall also sign a sidewalk agreement agreeing to fund the construction of a sidewalk along the entire South Avenue frontage at such time as the City decides to undertake such construction. 6. The subdivision plat shall show an easement for utilities, roadway and future sidewalks. Instead of multiple easements, a single 'non-exclusive common easement' may be platted with appropriate plat notes. No structures or trees shall be placed in the easement without the permission of the City Engineer and applicable utilities. 7. Prior to the recordation of the subdivision plat, a design of the sidewalk and curb/gutter needs to be submitted to th,e City Engineer. (A sidewalk, curb and gutter design will allow the accurate depiction of the easement on the plat.) The curb location along Gibson Avenue will be dictated by the need for a 24-foot minimum street width. The design needs to include a site plan with adequate contours and spot elevations to demonstrate that gutter will have a 0.75% slope (minimum) towards a storm drain and show the extent of re-grading Gibson A venue The sidewalk, curb and gutter along both lots shall be installed as part of the next building permit for either Lot 1 or Lot 2, whichever comes first. No final , ,f..-"~' ~"'- " 11111111111111111111 m"~~~;~~:;l ~l :401 SILVHI DAVIS PITKIN COUNTY CO R 36.00 0 0.00 inspection or Certificate of Occupancy will be given until the sidewalk, curb and gutter is installed. 8. No proposed structure or landscaping over 30 inches tall shall be installed in a sight triangle located 30 feet within the Gibson/South St intersection. This site triangle shall be noted on the plat. 9. A subdivision agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder within 180 days following City Council approval. 10. All uses and construction shall comply with the City of Aspen Water System Standards, with Title 25, and applicable portions of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. . 11. There shall be no further subdivision of Lot 2, the 15,079 square foot lot. This restriction shall not apply to condominiurnizing two single-family dwelling units or a duplex constructed on the lot. 12. The applicant shall comply with Ordinance No. 25, Series of 1994 regarding the handling of any contaminated soils within the former Smuggler Superfund Site prior to any excavation on and/or prior to the application for building permits on both lots. All soils on Lots 1 and 2 shall be considered contaminated unless determined otherwise through testing that adheres to the protocols that were established by the Environmental Protection Agency pursuant to Ordinance No. 25, Series of 1994. If, pursuant to said testing protocols, the soils are found to be uncontaminated, the following requirements shall not apply. However, to the extent that any contaminants are discovered, the following requirements shall apply: a. All contaminated soils that are removed from the site shall be transported to the Pitkin County Landfill and disposed of at the Smuggler repository. Any disturbed soil or material that is to be temporarily stored above ground or remain on site shall be securely contained on and covered with a non- permeable tarp or other protected barrier approved by the Environmental Health Department so as to prevent leaching of contaminated material onto or into the surface soil and to prevent windblown dust from disturbed dirt. b. The owner and general contractor of any development on Lots land 2 of the South and Gibson Subdivision shall submit a letter to the City of Aspen Environmental Health Department stating that they have read, understood, and will comply with the regulations for handling contaminated soils within the former Smuggler Superfund Site as set forth in Ordinance No. 25, Series of 1994 prior to any excavation and/or issuance of building permits for the property. - /' "',..1 11111111111111111111 m /:~~;~~~~1 ~1 R 36.00 0 0.00 :401 SILVIR ORVIS PITKIN COUNTY CO c. The owner shall complete a Soil Removal Permit and Affidavit for excavation prior to any excavation or disturbance of dirt and prior to any issuance of building permits for the properties. 13. The applicant shall submit a dust suppression plan for approval by' the City Environmental Health Department prior to any activity or development occurring on the site. All activity or development shall be accompanied by dust suppression measures such as the application of water or other soil surfactant to minimize the creation and release of dust and other particulates into the air. No dirt may be tracked onto paved roads without being immediately removed. 14. The applicant shall be required to test for soil contamination in the area where the previous owner stored an aboveground fuel tan1e If the soils in said area are found to be uncontaminated, there shall be no further requirements. However, to the extent that any contaminants are discovered, the requirements of condition #11 (a) and (c), above; shall apply and the applicant shall be required to notify the future owner of the tank's existence. Section 2: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City ..' fO!lJlc~.pJthe City of Aspen on this 25th day of May , 2004. ., ...... f'. . ~\ () "','" .' l ,. AI, ST.... I '.:~'.~!("':',";~" , FINALLY, ADOPTED, PASSED, AND APPROVED this 28th day of June, 2004. i Q r .. &TTES~;~:. l - Helen Kalin K1anderud, Mayor APPROVED AS TO FORM: ~f7~ JohrfWOrcester, City Attorney 11\ 1111\\111111 \11I \ \\11\ \\\11\ II II 111\ :~~~~::1 ~l: 40\ SILVIA DAVIS PITKIN COUNTY CO R 36.00 00.00 : \ '-.'- n ~'" , ~ .. ALTA OW~ER'S POLley EXHIBIT ."", I . .A. parcel ~f land situ.tea in the South one-half of Section 7, Towmhil' 10 South, Range 84 West of the Si",th Princi]lal~eridi~n, Pitkin County, Colorado being more fully described ~s fonows: .\16 Boginning at a point whenoe Corner 22 of Tract A, Ea.st Aspen Additional Townsite bears Soath 44' 35'50".East 3.91 feet; thence North 65003'32'" East iAffeet; thence 51.50 feet along the arc of a non-t~nsent curve to the left the radius of said ourve being 741.97 feet. the ohord of said ourve bears South 89'11'14"" East 51.49 feet; tbeoceNorth 84'23'24"" East 143.54 feet to a point on tho Northerly boundary ofthc Smuggler Mobile Home Park; thenoe Southeasterly along s.~id boundary, South ]7011'41'''' WegI60.04 fect; thence North 4.08 feet; thence South 29"03r05'" West 1 02.32 feel; thencc North 61048'00"" West 7 .00 feet t,) a point on the Easterly boundar)' of Pareel No.1 as described in instrument recorded in Book 488 at Page 205, Pith" County re:ords; thence South 29'34'00"" West 108.00 feet along said EaSlerly boundary to the Northeasterly boundary of Gibson Ave. as constructed and in place; thence 165.06 feet along the arc of a curve to the .;eft having a radius of 940.00 feet, the cbord of said curve bears North 20"30'55"" West 164.85 feet; tl1<:noe 37,34 rcd .10ng the arc ofa curve to the right, the radius of said curve being 220.00 feet. (the long chord is North 11'54'45"" West 37,29 feet; thence 19.40 feet along the are of a curve to the right. the radius of said curve being 37.60 feet, (the long chord North 30045'32"" East 19. J 9 feet to the Pomt of Beginning. - III 111I ',m. Pi III ,ED'..: .pt COuNTY OF pITKItf, STATE OF COLORADO. .'~ " III ~I II , - -.-.'/ \1111I~1I1~1~IJ:~~~:t:".. SILVIR DAVIS PITKIN COUNTY CO ". ::>:. . II II . .," II III , II rlt",.- II :*.,- ~ II STEWART TITLE GUARMI'!Y COMPA."fY II .., F~~ ~.; :; ,,;:1'; '~~ --.---.\. (J!l)(..... ~ ~ n ~.n . ~ i I ~ ....... ~~~r u- <~ !I'l,j. :i'~n rUi " " ~.. ,I; :;. ;j' I" , :it __ m "".....4'/. II ,.. , c~ ". '.'1' "" J "'if(-'Q. ' \ J--~... /~a". ~~ \ "'" "-~ .~~"".....~~~-;~: " .~ '~.~..-,._.':'"",... ~~.. f.__.!_,~:~:,-O_ '~'", . 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E ~~~d~",~F, ~~":i[l~~ ""io"'""!!~ i!~!~~~~ i I , l t , I I I I I ,.H., -, RESOLUTION No.'ll Series of 1995 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A SETTLEMENT STIPULATION IN THE MATTER OF STANLEY E. LAURISKI. ET AL. V RUTH C BISEL. ET AL., CIVIL ACTION NO. 93 CV 259-3, IN THE DISTRICT COURT OF PITKIN COUNTY, 'COLORADO, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID SETTLEMENT STIPULATION ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Settlement stipulation in the matter of Stanlev E. Lauriski. et al. v Ruth C. Bisel. et al., civil Action No. 93 CV 259-3, District Court for Pitkin County, Colorado, a true and accurate copy of , which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO : That the City Council of tne city of Aspen hereby approves that Settlement Stipulation, and does hereby authorize the City Manager to execute said agreement on.behalf of the city of Aspen. INTRODUCED, READ AND ADOPTED ;:(3~ day of by the City Council ~ of the City of Aspen on the , 1995. ". Q-L IJ....- Xi" "'#- John S. Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the city Council of the city of Aspen, Colorado, at a meeting held on'the day hereinabove stated. S. Koch, City Clerk lauriski .res ~.... ....~') '. DISTRICT COURT, COUNTY OF PITKIN, STATE Case No. 93 CV 259-3 OF t:lLORADj f}~_'J2. - </5 .-... ~_..-~- ( t;'_ ~/ll~v SETTLEMENT STIPULATION STANLEY E. LAURISKI, a/k/a STANLEY E. LAURESKI, AND ROSE MARIE LAURISKI, a/k/a ROSE MARIE LAURESKI, Plaintiffs, v. RUTH C. BISEL; RUTH BISEL; WILLIAM H. LOUGHRAN; CITY OF ASPEN, COLORADO; COUNTY OF PITKIN, COLORADO; and all unknown persons who claim any interest in the subject matter of this action, Defendants. Plaintiffs, Stanley E. Lauriski, a/k/a Stanley E. Laureski, and. Rose Marie Lauriski, a/k/a Rose Marie Laureski; and defendant, the city of Aspen, a municipal corporation, including John Bennett and his successors in office, as Mayor of the city of Aspen, and defendant, the County of pitkin, colorado, hereby stipulate' as follows: WHEREAS, the parties hereto comprise and constitute all of the known parties to this action; and ; WHEREAS, the city of Aspen, asserts ownership of a portion of the real property described in the complaint; and WHEREAS, the city of Aspen and the county of Pitkin, are satisfied that plaintiffs have a valid claim of ownership of a portion of the reaL property described in the complaint, by reason of previous deeds of conveyance and adverse possession for a period in excess of eighteen (18) years pursuant to Section 38-41-101(1) of the Colorado Revised statutes; and WHEREAS, the parties hereto mutually desire to settle this action in the manner hereinafter set forth, and such settlement has been approved and authorized by resolution of the city council of the city of Aspen, Colorado, at a meeting thereof duly called and held onO::nlr.f:p; 2> , 1995, and the Board of county commissioners of Pitkin County, Colorado, at a meeting thereof duly called and held on PECtM~~e. I~ , '1995. i NOW, THEREFORE, plaintiffS, stanley E. Lauriski, a/kja stanley E. Laureski, and Rose Marie Lauriski, a/kja Rose Marie Laureski, - t. -."< "l "') ~ Vnd def~d"nts. the city nf ASp~ "nd the Cn=ty of pitkin, by their respective attorneys, stipulate and agree as follows: r I I f I r I ~ I I I I I I I I I 1. The title to the real property described in the attached .~xhibit A, which property is a part of the property described in the complaint, may be quieted in plaintiffS, stanley E.LaurisKi, a/k/aStanley E. Laureski, and Rose Marie Lauriski, a/KIa Rose Marie Laureski. , 2. For purposes of any future application by plaintiffs or their successors for a development order, as defined in section 3- 101 of Chapter 24 of the Municipal Code of the city of Aspen as such section exists at the time of this stipulation and as may be amended in the future, the property described in Exhibit A shall be deemed to have an area of 22,882 square feet. . 3. Title to the real property described in the attached Exhibit B, which property is a part of the property described in the complaint, may be quieted in the city of Aspen subject to the non-exclusive reserved right of plaintiffs, stanley E. Lauriski, a/KIa stanley E. Laureski, and Rose Marie Lauriski, a/k/a Rose Marie Laureski, and their successors in interest, to use, occupy, and enjoy said property except to the extent that the city of Aspen shall undertake construction of a public roadway, sidewalk, underground utilities or underground drainage facilities or other public improvements. . 4. Title to the real property described in the' attached Exhibit C, which property is a part of the property described in the complaint, may be quieted in the city of Aspen. 5. All parties hereto shall bear their own costs, expenses, and attorneys' fees in this action. 6. Pursuant to the foregoing, a decree quieting title in the form .attached hereto as Exhibit 0 may be entered by the Court. Dated this 70 ,tl day of OC61-1\(\ t"?~ , 1995. TADDUNE & GUEST THE CITY OF ASPEN - u:T--- Paul J. c;rad;?une, #10824 323 West Main street Aspen, Colorado 81611 (970) 925-9190 ~1'7~ ;t/t/1C Jo . cester, #2061 130 South Galena street Aspen, Colorado 81611 (970) 920-5055 Attorneys for plaintiffs Attorney for city of Aspen ........ . "") .~~.... ., - of ~t/~~ San ra . stul er, #0509 106 South Mill street, #202 Aspen, Colorado 81611 (970) 920-1018 John M. Attorne pitkin 530 E;' Main street Aspen, colorado 81611 (970) 920-5190 ~, """ 1 ., ~ . . I I I I I J I t I I I I I I I I I EXHIBIT A A parcel of land situated in the South one-half of section 7, Township 10 South, Range 84 \'lest of the sixth Principal Meridian, pitkin County, colorado, being more fully described as follows: Beginning at a point whence Corner 22 of Tract A, East Aspen Additional Townsite bears South 44 Degrees 35 Minutes 50 Seconds East 3.91 feet; thence North 65 Degrees 03 Minutes 32 Seconds East, 7.45 feet; thence 51.50 feet along the arc of a non-tangent curve to the left, the radius of said curve being 741. 97 feet, the chord .of said curve bears South 89 Degrees 11 Minutes 14 Seconds East, 51. 49 feet; thence North 84 Degrees 23 Minutes 24 Seconds East, 143.54 feet to a point on the northerly Boundary of the Smuggler Mobile Home Park; thence southeasterly along said Boundary, south 37 Degrees 11 Minutes 41 Seconds West, 60.04 feet; thence NORTH, 4.08 feet; . thence South 29 Degrees 03 Minutes 05 Seconds West, 102.32 feet; thence North 61 Degrees 48 Minutes 00 seconds West, 7.00 feet to a point on the easterly Boundary of Parcel No.1, as described in the instrument recorded in Book 488 at Page 205, pitkin County Records; thence South 29 Degrees 34 Minutes 00 seconds West, 108.00' feet along said easterly Boundary to the northeasterly Boundary of Gibson Ave. as constructed and in place; thence 165.06 feet along the arc of a curve to the left having a radius of 940.00 feet, the chord of said curve bears North 20 Degrees 30 Minutes 55 Seconds West, 164.85 feet; thence 37.34 feet along the arc of a curve to the right, the radius of said curve being 220.00 feet, (the long chord is North 11 Degrees 54 Minutes 45 Seconds West, 37.29 feet;' thence 19.40 feet along the arc of a curve to the right, the rad..ius of said curve being 37.60 feet, (the long chord North 30 Degrees 45 Minutes 32 Seconds East, 19.19 feet to the point of Beginning. The description describes a Parcel of 21,937.92 square feet more or less. .~<..., ~ 1'\ EXHIBIT B A parcel of land situated in section 7, Township 10 South, Range 84 West of the sixth princ~pal Meridian; city of Aspen, Pitkin county, Colorado and being more fully" described as follows: COJDlDencing at Corner 22 of Tract "A", East Aspen Additional Townsite; thence North 52 Degrees 49 Minutes 43 Seconds East, 17.40 feet to a point on the back surface of the existing concrete curb and gutter as constructed and in place on the southerly side of South Avenue, the TRUE POINT OF BEGINNING; thence southeasterly along said back surface of the curb and gutter the following 6 courses; southeasterly 41.54 feet along a ,non-tangential. curve to the left, the radius of said curve being 736.97 feet, (the Long chord is South 89 Degrees 33 Minutes 40 Seconds East, 41.54 feet); thence North 85 Degrees. 06 Minutes 12 Seconds East, 32.91 feet; thence North 83 Degrees 50 Minutes 43 Seconds East, 42.91 feet; thence North 84 Degrees 21 Minutes 51 Seconds East, 36.77 feet; thence North 84 Degrees 26 Minutes 36 Seconds East, 28.50 feet; thence North 82 Degrees 46 Minutes 45 Seconds East, 6.85 feet to a point on the northwesterly boundary of the Smuggler Mobile Home Park; thence along said Smuggler Mobile Home Park boundary South 37 Degrees 11 Minutes 41 Seconds West, 7.03 feet; thence South 84 Degrees 23 Minutes 24 Seconds west, 143.54 feet to the .beginning of a curve; thence 51.50 feet northwesterly along a curve to the right, the radius of said curve being 741.97 feet, (the long chord is North 89 Degrees 11 Minutes 14 Seconds West, 51.49 feet); thence North 65 Degrees 03 Minutes 32 Seconds East, 10.87 feet to the TRUE POINT OF BEGINNING. The'description describes a parcel of 943.466 square feet more or less. ,,,.~y~~;;,,;r,t.,:- .- p ,~ EXHIBtT C A parcel of land situated in section 7, Township 10 South, Range B4 West of the sixth Princ~pal Meridian, city of Aspen, pitkin County, Colorado and being more fully described as. follows: commencing at Corner 22 of Tract "A", East Additional Townsite; thence North 52 Degrees 49 Minutes 43 Seconds East, 17.40 feet to a point on the back surface of the existing concrete curb and gutter as constructed and in place on the southerly side of South Avenue, the TRUE POINT OF BEGINNING; thence North 65 Degrees 03 Minutes 32 Seconds East, 22.09 feet; thence North B4 Degrees 20 Minutes 00 Seconds East, 179.22 feet; thence South 37 Degrees 11 Minutes 41 Seconds West, 15.93 feet to a point on the back surface of the existing concrete curb and gutter as constructed and in place on the southerly side of South Avenue; thence southwesterly along said curb and gutter back surface the following 6 courses; South 82 Degrees 46 Minutes 45 Seconds West, 6.85 feet; . south 84 Degrees 26 Minutes 36 Seconds West, 28.50 feet; South 84 Degrees 21 Minutes 51 Seconds west, 36.77 feet; South B3 Degrees 50 Minutes 43 Seconds West, 42.91 feet; South B5 Degrees 06 Minutes 12 Seconds West, 32.91 feet to the beginning of a curve; thence 41.54 feet northwesterly along a curve to the right, the radius of said curve being 736.97 feet, (the long chord is North B9 Degrees 33 Minutes 40 Seconds West, 41.54 feet), curve terminating at the TRUE POINT OF BEGINNING. The descript~on describes a parcel of 2,145.30 square feet more or less. '. ..,.- - ..J J. In J: c .. .. r '" 'I J: o .. ;: ... ~ . '" X . w ~ . ;. -; . . . ;, . , . .. '! (\,c' \ L ~ r-' i"'ii~. " >'(Q~ .\ ' I '. \' . Y::' . . .\: ".)~ r c . r) \. ';1' ~ \\ \ \ . . . . w . ,; " . ~/~ .1'0 'I- . . ;42 :-. " " c I . .. '. . . . . , , . ,; ., e ;; H .. H. . , . . f . .. '. . ~ .-..; = i . . " . , ; . ;:. . G .\ . G. ; , n~". I!~ ~... . ,,= ; ;t::~ ~~_. ". .... r :.. ~=:''''D''' ..:C1. =: Ii I ;: " . " ~n~2)o 22 ,... " .. .. .... <- ~:':~~ ft. :~;;.. :. .::~-4.. ~~ ,; . = , . . I?"',=" ~ ~ ~ ~ ~ ~ ~ ~ ~ 0, 0 'd . .:c;.. ~ .~ .~ " '" % ~ til @ ~ :i =i :j ('> 01 '>- \ - - ._-".-.- -. " . P165 MEMORANDUM V\(4 TO: Mayor K1andemd and Aspen City Council THRU: Chris Bendon, Comm1.mity Development Director ~1tV) FROM: Jennifer Phelan, Long Range Planner RE: 2"d Amended Plat -South and Gibson Subdivision (805 South Avenue)- Subdivision Amendment - First Reading of Ordinance - , Series 2005 MEETINGDATE: December 12,2005 ApPLICANT /OWNER: Centurian Partners, LLC REPRESENTATIVE: Dylan Johns, Zone 4 Architects, LLC LOCATION: Lots 1 and 2, South and Gibson Subdivision commonly known as 805 South Avenue CURRENT ZONING & USE Medium-Density Residential (R-6) Zone District, built with one detached residential dwelling. PROPOSED LAND USE: The current subdivision is approved for a total of three primary dwelling units on two lots. The number of dwelling units and lots will be maintained in the subdivision amendment. PLANNING AND ZONING COMMISSION AND STAFF RECOMMENDATION: Approval with Conditions. SUMMARY: The Applicant requests a subdivision amendment to relocate the existing lot line shared by Lot 1 and Lot 2 resulting in a reconfiguration of the shape and size of the lots. ,.... - P166 LAND USE REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting the following land use approval to redevelop the site: . Subdivision Amendment for a change to an approved plat that is consistent with the approved plat (san1e number of lots and same nwnber of dwelling units) pursuant to Land Use Code Section 26.480 (Citv Council is the final review authoritv who may approve, approve with conditions, or deny the proposal). PROJECT SUMMARY: In 2004, the South and Gibson Subdivision was approved by City Council. The approval allowed for the creation of two lots (Lots 1 and 2), from a parent parcel of 21,938 SF, for the development of up to three primary dwelling units. There were a number of conditions of approval, including the following: only one common driveway and shared curb-cut is allowed for the lots, sidewalk installation along the property's boundary adjacent to Gibson A venue is required, a sidewalk is required along part of South A venue, and the approval was conditioned on Lot 2 at 15,079 SF not being allowed to be further subdivided into additional smaller lots (except for condominiwnization). The Applicant is requesting approval to amend the South and Gibson Subdivision plat in order to reconfigure the two lots. Specifically, the Applicant would like to reconfigure Lot 1 from a 6,859 SF lot allowing for a detached residential dwellif\g-to a 12,151 SF lot proposed for a duplex dwelling or two detached residential dwellings. Lot 2 would be reconfigured from a 15,079 SF lot allowing for a duplex dwelling or two detached residential dwellings to a 9,787 SF lot" proposed for a detached residential dwelling. As proposed, the size of each lot could accommodate a duplex dwelling or two detached dwellings. However, the Applicant is proposing that the number of primary dwelling units approved for the subdivision not change, but the Floor Area Ratio (FAR) allocated for each lot would be adjusted. As noted by the Applicant's representative, the purpose of reconfiguring the lots is to create a "building site that is more conducive to a better home design". Also affecting the subject property is a settlement stipulation in a civil action that impacts how the dimensional requirements for the lots are interpreted. In 1995, Resolution 71 was passed by the City Council which approved the settlement stipulation. The settlement stipulates that the property in question be "deemed to have an area of22,882 SF" rather than 21,938 SF. This larger number includes the subject property and the area (943 SF) of a strip of land located adjacent to existing Lots 1,2, and South Avenue which was quieted to the City. This increase in lot area impacts the FAR calculation and setback calculation. In the existing subdivision, both Lot 1 and Lot 2 me adjacent to the strip ofland and each received a proportion of the additional squme feet allotment. In this current application, only Lot 1 would be allotted the additional square feet. The following table compares the proposed development dimensions with the dimensional reqllirements of the Medium-Density Residential (R-6) zone district and the approved subdivision: - -"',..." ..'" ~" ..~ -, Minimum Lot Size Minimum Lot Width Minimum Lot Area/Dwelling Minimum Front Yard Setback (Principal Bldg.) Minimum Side Yard Setback 15,079 >60 Feet 7,539.5 SF 10 Feet 10 Feet 10 Feet 6.6 Feet* Min. -5 Feet Total- 20.92 Feet 10 Feet 10 Feet Varies Min. 15 Feet Minimum Rear Yard Setback (Princi aI Bldg.) Maximum Height Floor Area Ratio (FAR) 10 Feet 25 Feet Varies < 25 Feet 3405.76 SF"* < 25 Feet 4474.7 SF** 10 Feet 6.6 Feet* Min. -15 Feet 10 Feet < 25 Feet 4325.6 SF"* P167 9,787 SF >60 Feet 6,075.5 SF ,10 Feet Min. -10 Feet Total- 33.93 Feet 10 Feet < 25 Feet 3,770.2 SF -Lesser of one space - Lesser 0 f -Lesser of -Lesser of -Lesser of per bedroom or two one space per one space per one space per one space per spaces per unit bedroom or bedroom or bedroom or bedroom or -An ADU requires two spaces two spaces two spaces two spaces one space per unit per unit per unit per unit -AnADU -AnADU -An ADU -An ADU reqmres one reqmres one reqmres one reqmres one space space s ace space Minimum Off-Street Parking Notes: * A corner lot requires a minimum front yard setback along one right-of-way and a second minimum setback along the second right-of-way at 1/3 the minimum front yard requirement. ** Resolution 1995-71 allows a total of943 SF to be added to the lots for determining dimensional re uirements. STAFF COMMENTS: SUBDIVISION AMENDMENT: The Applicant is requesting subdivision approval for a proposed amendment to a subdivision plat that is consistent with the approved plat. This is considered a subdivision amendment in the City's land use code. In reviewing the subdivision portion of the application, Staff believes that the proposal meets the applicable subdivision review standards established in Land Use Code Section 26480.050, Review Standards Staff feels that the proposal is consistent with the infill development goals established in the 2000 A:,pen Area Community Plan. Staff has included a condition in the approving ordinance requiring that the prior conditions of ordinance 2004-16 be met except for condition eleven (11). Condition 11 prohibited further subdivision of Lot 2 except for condominiumization. Since the configuration of the lots has changed, a condition has been included in the current ordinance prohibiting the further subdivision of either Lot 1 or 2 (except r" - P168 l1l.. . ~~ ~. Lot 1, the duplex lot, may be condominiumized). The condition also caps the density of the subdivision to three primary residential dwellings. SCHOOL LANDS DEDICATIONS FEE: The 2004 ordinance that approved the South and Gibson Subdivision requires that the Applicant pay a cash-in-Iieu payment rather than a land dedication. The Applicant has proposed to pay a cash-in-lieu payment pursuant to the fee schedule established in Land Use Code Section 26.630. The original ordinance, as a condition of approval, required the Applicant to pay the School Lands Dedicationsfee prior to issuance of a building permit for the proposed development This condition has been carried over into the new ordinance. PARK DEVELOP.\IENT IMPACT FEE: The Applicant is required to pay a Park Development Impact Fee for additional bedrooms added to the site pursuant to Land Use Code Section 26.610, Park Development Impact Fee. The original ordinance, as a condition of approval, required the Applicant to pay the Park Development Impact Fee prior to issuance of a building permit for the proposed development. This condition has been carried over into the new ordinance. REFERRAL AGENCY COMMENTS: The City Engineer, Fire Marshal, Aspen Sanitation District, and the Parks Depaliment have all reviewed the proposed application and their requirements have been included as conditions of approval when appropriate. RECOMMENDATION: Staff recommends that the City Council approve the attached ordinance on first reading, approving with conditions, a subdivision amendment, for the 2nd Amended Plat - South and Gibson Subdivision. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Ordinance No~Series of200S, upon first reading." CITY MA."IAGER COMMENTS: A TT ACHMENTS: EXHIBIT A - Revicw Criteria and Staff Findings EXHIBIT C - Review Comments EXHIBIT C - Application -- ".~,' / P169 _C'"_. ._. ORDINANCE NO. S~ (SERIES OF 2005) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH CONDITIONS, THE SECOND AMENDED PLAT - SOUTH AND GIBSON SUBDIVISION, ON THE PROPERTY KNOWN AS 805 SOUTH AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-073-00-031 WHEREAS, the Commlmity Development Department received an application from Centurian Partners (c/o John Sarpa) represented by Zone 4 Architects, requesting approval of Subdivision Amendment, to replat the existing South and Gibson Subdivision's lot line location; and, WHEREAS, the South and Gibson Subdivision was approved with conditions by the City of Aspen City Council by Ordinance 16 (Series 2004) which granted approval of two lots for the development of up to three primary dwelling units in accordance with the City of Aspen Land Use Code; and, WHEREAS, as a Subdivision Arnendlnent shall be approved by the City Council as outlined in Section 26.480.080 B., Other Amendment, of the Land Use Code; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval, with conditions, of the proposed subdivision amendment; and, WHEREAS, during a duly noticed public hearing on January 12, 2006, the City Council opened the hearing, took public testimony, considered pertinent recommendations from the Community Development Director, and referral agencies of the City of Aspen and adopted Ordinance No. _' Series of 2005, approving with conditions, the subdivision amendment which maintains two lots for the development of up to three primary dwelling units on the property known as 805 South Avenue; and, WHEREAS, the Aspen City COlmcil fmds that the development proposal meets or exceeds all the applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Commlmity Plan; and, WHEREAS, the City Council fmds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Approval Pursuant to the procedures and standards set forth in Title 26 of the City of Aspen Municipal Code, the City Council hereby approves with conditions the Second Amended Plat - South and Gibson Subdivision which creates two lots for the development of up to three Page 1 of 4 J"""' ........, P170 .. ~. primary dwelling units on the property known 805 South Avenue. This Approval is conditioned on the Applicant meeting the requirements of Section 1 of Ordinance 16 (Series 2004), conditions 1-10 and 12-14 with the exception of condition 11. There shall be no further subdivision of Lot 1 or 2. This restriction shall not apply to condominiumizing two detached dwelling units or a duplex constructed on Lot 1. Lot 2 is allowed to have one detached residential dwelling on the lot. Section 2: Plat and A2Ireement The Applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval. Section 3: Building Permit Application The building permit application shall include the following: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. 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 5-year storm frequency should be used in designing any drainage improvements. e. An excavation stabilization plan, construction management plan, and drainage and soils reports pursuant to the Building Department's requirements. The construction management plan shall include an identification of construction hauling routes for review and approval by the City Engineer and Streets Department Superintendent. f. A detailed excavation plan that utilizes vertical soil stabilization teclmiques for review and approval by the City Engineer. g. Accessibility and ADA compliance to all units shall be addressed to satisfactorily meet the building code. h. Sidewalk ramps must be compliant with most recent addition of ADA standards (minimum length of the ramp and landing platform must be 10' -6" in length from face of curb). Section 4: Fire Mitigation The Applicant shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshal if a building is over 5,000 square feet in area. Section 5: Water Department Requirements Page 2 of 4 ..., '-.. .i' , " P171 ".- -, The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Section 6: Sanitation District ReQuirements TIle Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, fotmdation, perimeter, patio drains) to ACSD lines shall be allowed. On-site utility plans require approval by ACSD. Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. If the existing 4" CIP/VCP service line for this parcel will be used to service the single family residence on Lot 2, the existing sewer service should be televised to determine its condition. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. All ACSD fees must be paid prior to the issuance of a building permit. The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. Soil Nails are not allowed in the public ROW above or in close proximity below ASCD main sewer lines. Section 7: Electrical Department ReQuirements If a new supplemental transformer is required to be installed on the subject property, the Applicant shall provide for a new transformer and its location shall be approved by the Commtmity Development Department prior to installation. The Applicant shall dedicate an easement to allow for City Utility Personnel to access the supplemental transformer for maintenance purposes, if a supplemental transformer is installed. If after the subdivision plat is recorded and in the event an .easement is required, the Community Development Director shall review and approve the easement on the condominimTI plat. Section 8: Parks The parks department will require separate landscape and tree protection reviews and separate tree permits for each new lot when the lots come forward for building permits. Consideration should be made for the protection of significant vegetation located on the properties. A tree permit will be required before any demolition or significant property changes related to the lot split take place. The tree permit will cover demolition, excavation, and trimming. Coordination between the contractor, the City Parks Department and the City Engineering Department is critical for the design and construction of sidewalks along both sides of the properties. Planting in the Public Right of way will be subject to Landscaping in the ROW requi,ements. Improvements to the ROW should include new grass and irrigation. Utility connections: Parks is concerned with the future connections made for the new development. These connections will need to be designed on the plan in a manner that does not encroach into the tree protection zones. Section 9: Page 3 of 4 r"''- -- PI72 '.' - All material representations and conm1itments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, lmless amended by an authorized entity. Section 10: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending lmder or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 11: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof The City C1ek is directed, upon the adoption of tins ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 12: A public hearing on tIns ordinance shall be held on the 9th day of January, 2006, at a meeting of the Aspen City Cow1cil commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City COlmcil oftl1e City of Aspen on the 12'h day of De.cember, 2005. Attest: Kathryn S. Koch, City Clerk Helen K K1anderud, Mayor FINALLY, adopted, passed and approved this _ day of ,2006. Attest: Kathryn S. Koch, City Clerk Helen K K1anderud, Mayor Approved as to form: City Attorney Page 4 of 4 "-' 'c ..;0' P173 Exhibit A SUBDIVISION REVIEW CRITERIA & STAFF FINDINGS Section 26.480.050 of the City Land Use Code provides that development applications for Subdivision must comply with the following standards and requirements. A. General requirements. a. The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan. Staff Findinz The future land use map in the AACP shows this property to be residential. The proposed use is in compliance with the fillure direction of the AACP. Applicable policies and goals of the AACP that the subdivision meets are: locating residential development within the city boundaries and locating development close to the commercial core and transit stops. Staff finds this criterion to be met. b. The proposed subdivision shall be consistent with the character of existing land uses in the area. Staff Findinz There are many residential uses with the area including mobile homes, single-family residences, duplex residences, and multi-family residential development Staff finds this criterion to be met. c. The proposed subdivision shall not adversely afIect the future development of surrounding areas. Staff Findinf! The surrounding properties are close to fully developed. All development associated with this application is internal to the site and will not encroach onto the public right-of-way or adjacent properties. Therefore, Staff does not believe that the proposal will adversely affect the fillure development of the surrounding properties. Staff finds this criterion to be met. d. The proposed subdivision shall be in compliance with all applicable requirements of this Title. . Staff Findim< The proposed development is in compliance with the Medium-Density Residential zone district requirements and meets all other land use regulations. Staff finds !his criterion to be met. B. Suitability of land for subdivision. a. Land suitability. The proposed subdivision shall not be located on land unsuitable for development because of flooding, drainage, rock or soil creep, mudflow, rockslide, avalanche or snowslide, steep topography or any other natural hazard or other condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision. . ". ""'" P174 '.' -. b. Spatial pattern efficient The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs. Staff Findinrz Staff believes that the property is suitable for subdivision The site contains no steep topography and no known geologic hazards that may harm the health of any of the inhabitants of the proposed development. Soil mitigation is required if the soils are found to be contaminared. In addition, Staff' believes that there will not be a duplication or premature extension of public facilities because the property to be subdivided is already served by adequate public facilities. Therefore, Staff finds this criterion to be met. C. Improvements. The improvements set forth at Chapter 26.580 shall be provided for the proposed subdivision. These standards may be varied by special review (See, Chapter 26.430) if the following conditions have been met: L A unique situation exists for the development where strict adherence to the subdivision design standards would result in incompatibility with the Aspen Area Comprehensive Plan, the existing, neighboring development areas, and/or the goals of the community. 2. The applicant shall specify each design standard variation requested and provide justification for each variation request, providing design recommendations by .professional engineers as necessary. StaffFindinz The Applicant has consented in the application to meet the applicable improvements pursuant to SEction 26.580 and no variations are requested. Stafffinds this criterion to be met. D. Affordable housing. A subdivision which is comprised of replacement dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.520, Replacement Housing Program. A subdivision which is comprised of new dwelling units shall be required to provide affordable housing in compliance with the requirements of Chapter 26.470, Growth Management Quota System. Staff Findinrz The standards of Chapter 26.520, Replacement Housing Program, are not applicable because this application does not include the demolition of multi-family residential buildings. Staff finds this criterion to be met. E. School Land Dedication. Compliance with the School Land Dedication Standards set forth at Chapter 26.630. Staff Findinrz The proposed subdivision is required to meet the School Land Dedication Standards pursuant to Land Use Code Section 26.630. The Applicant has proposed to pay cash-in-lieu ojproviding c -. -- ".-:".- .....,.... P175 land, }l1hich will be paid prior to building permit issuance. Thus, staffjinds this criterion to be met F. Growth Management Approval. Subdivision approval may only be granted to applications for which all growth management development allotments have been granted or growth management exemptions have been obtained, pursuant to Chapter 26.470. Subdivision approval may be granted to create a parcel(s) zoned Affordable Housing Planned Unit Development (AH-PUD) without first obtaining growth management approvals if the newly created parcel(s) is required to obtain such growth management approvals prior to development through a legal instrument acceptable to the City Attorney. (Ord. No. 44-2001, S 2) Staff Findin" The Applicant's project, as proposed for three free market units has been approved through GMQS. Staff finds this criterion to be met. " ~MEMi _. P176 Development Review Committee Minutes RE: Land Use Application: 805 South Avenue Date: November 23,2005 Present: Jennifer Phelan, Long Range Planner Tom Bracewell, Sanitation District Dylan] ohns, Applicant's Representative Background: Essentially this application is to replat an existing subdivision and relocate the lot line. No additional density or lots are proposed. In 2004 the South and Gibson Subdivision wa& approved for the development of two lots and three primary residences. A number of conditions were part of the approval and the Applicant is proposing to maintain those conditions. Citv Engineer (provided on November 22, 2004): . Same conditions as per the last approval (ordinance 2004-16) . Sidewalk ramps must be compliant with most recent addition of ADA standards (minimum length of the ramp and landing platform must be 10' -6" in length from face of curb). Parks(provided on November 22,2004: . The parks department will require separate landscape and tree protection reviews and separate tree permits for each new lot when the lots come forward for building permits. . Jhejlarks department requires that the new owners or developers of the newly formed ._c. lofs be informed of the city's tree ordinance and considerations are made for the protection of significant vegetation located on the properties. . A tree permit will be required before any demolition or significant property changes related to the lot split take place. The tree permit will cover demolition, excavation, and trimming. Please contact the City Forester at 920-5120. . Coordination between the contractor, the City Parks Department and the City Engineering Department is critical for the design and constmction of sidewalks along both sides of the properties. . Planting in the Public Right of way will be subject to Landscaping in the ROW requirements. Improvements to the ROW should include new grass and irrigation. . Utility connections: Parks is concerned with the future connections made for the new development. These connections will need to be designed on the plan in a mmmer that does not encroach into the tree protection zones. Smlitation: . Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. . ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. . On-site utility plans require approval by ACSD. Minutes - 11/23/05 . - "".... ..-. "..,.,;' Develof:l-ment Review Committee Minutes RE: Land Use Application: 805 South Avenue pm . Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. . If the existing 4" CIP/vCP service line for this parcel will be used to servicethe single family residense on Lot 2, the existing sewer service should be televised to determine it's condition. . Below grade development may require installation of a pumping system. . One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single service line. . Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. . All ACSD fees must be paid prior to the issuance of a building permit. Peg in our office can develop an estimate for this project once detailed plans have been made available to the district. . Where additional development would produce flows that would overwhelm the planned capacity of the existing collection system and or treatment facility, the deveiopment will be assessed fees to cover the costs of replacing the entire portion of the system that would be overwhelmed. The District would fund the costs of constructing reserve capacity in the area of concern (only for the material cost difference for larger line). . The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. . Soil Nails are not allowed in the public ROW aJ:>ove or in close proximity below ASCD main sewer lines. . The district will have more specific comments and requirements once detailed building plans and utility plans have been made available to the district. Minutes - 11/23/05 L __._ __~__ "-'" "'"'" ^~~G - P178 - ~-..- '" Z O.N ~I[ .r-' , . , AACHITECTlS l. L o. P,O. DOX :2~06 A$P~N co 61812 Ph 970.54... _30'" F 070.544.8211 November 14,2005 Aspen Community Development Department 130 South Galena Street Aspen. CO 81611 To \Vhom It May Concern: We have recently been informed that the application submitte Subdivision for an Administrative Growth Management n:vi Lot Split does not fit within the Loc Splic ericeria due co an initially er=tcd the lot. We would therefore request the appIi Administrative Growth Management n:view and Subdivision for the South and Gibson and Subdivision E.xemption for a ier subdivision approval that . on be revised to contain an endment , -Substantively this application docs DOC change. The dimensio requirements, unic numbers and sizes, and a.cceptuJee of previous approval conditions will all thc same as was listed for the LoT Split application. While the review criteria are different om one review to lhe other, the requirements :for an amendment focus on the suimbility of the ubdivislon given the AACP and neighborhood conte'-"!. Without addressing each point individ ally. our response (0 the criteria in general is that a subdivision approval was g:r:mced in the sum er of 2004. This application only seeks to modify the lot lines and the ratio nf squan; foot3ge al ocation between the lots, and docs not in any way change the appropriateness ofche subdivision n relation to the AACP or thc neighborhood (as these clements themselves bave noc substan 'vely changed since thc subdivision approval). As I mentioned above. there are no proposed e os to the conditions of the June 2004 subdivision approval. If you feel that a more specific response to any criteria is nee office. and wc will provide the necessary information. D an M. Johns, Principal Zone 4 Archjtects, LLC. ---- ....w.'.. ... ........... DRe November 23,2005 City Parks Department Requirements Property: 809 South Ave, Subdivision Amendment 1. The parks department will require separate landscape and tree protection reviews and separate tree permits for each new lot when the lots come forward for building permits. 2. The parks department requires that the new owners or developers of the newly formed lots be informed of the city's tree ordinance and considerations are made for the protection of significant vegetation located on the properties. 3. A tree permit will be required before any demolition or significant property changes related to the lot split take place. The tree permit will cover, demolition, excavation and trimming. Please contact the City Forester at 920-5120. 4. Coordination between the contractor, the City Parks Department and the City Engineering Department is critical for the design and construction of sidewalks along both sides of the properties. 5. Planting in the Public Right of way will be subject to Landscaping in the ROW requirements. Improvements to the ROW should include new grass and irrigation. 6. Utility connections: Parks is concerned with the future connections made for the new development. These connections will need to be designed on the plan in a manner that does not encroach into the tree protection zones. , c ~ Aspen Consolidated Sanitation District . < Paul Smith * Chairman Michael Kelly * Vice- Chair John Keleher * SecfTreas Frank Loushin Roy Holloway Bruce Matherly, Mgr November 28, 2005 NOV 2 9 2005 Jennifer Phelan Community Development 130 S. Galena Aspen, CO 81611 Re: 809 South Avenue Dear Jennifer: We have reviewed the application for the subdivision amendment for 809 South Avenue. Our comments on the application are attached. Please call if you have any questions. Sincerely, ~...... Y\A,,"",'L..~ Bruce Matherly District Manager attachment 565 N. Mill St., Aspen, CO 81611/ (970)925-3601/ FAX (970)925-2537 ) "..... .-., -....I ," '- ~ ACSD Requirements: 809 South Avenue Service is contingent upon compliance wilh lhe District's rules, regulations, and specifications, which are on file at lhe District office. ACSD will review lhe approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to lhe sanitary sewer system. On-site utility plans require approval by ACSD. Old service lines must be excavated and abandoned at lhe main sanitary sewer line according to specific ACSD requirements. If lhe existing 4" CIPNCP service line for this parcel will be used to service lhe single family residense on Lot 2, lhe existing sewer service should be televised to determine it's condition. Below grade development may require instaIlation of a pumping system. One tap is allowed for each building. Shared service line agreements may be required where more lhan one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to lhe district. All ACSD fees must be paid prior to lhe issuance of a building permit. Peg in our office can develop an estimate for this project once detailed plans have been made available to lhe district. Where additional development would produce flows lhat would overwhelm lhe planned capacity oflhe existing collection system and or treatment facility, lhe development will be assessed fees to cover lhe costs of replacing lhe entire portion of lhe system lhat would be overwhelmed. The District would fund lhe costs of constructing reserve capacity in lhe area of concern (only for lhe material cost difference for larger line). The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of lhe public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. Soil Nails are not allowed in lhe public ROW above or in close proximity below ASCD main sewer lines. The district will have more specific comments and requirements once detailed building plans ans utility plans have been made available to lhe district. ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: SCJut C1j Ii ,c;lAk 4~ks~~.f;bi SCHEDULED PUBLIC HEARING DATE: ,200_ STATE OF COLORADO ) ) ss. County of Pitkin ) I, "\j; G-J..,( <t:.'S L~ I' vI r~ 1- (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Xpublication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. . A copy of the publication is atta~hed hereto _ Posting of notice: By posting of notice, which form was obtaineJ.rrom the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed ofletters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the _ day of , 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. _ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by fIrst chss postage prepaid U.S. mail to any federal agency, state, county, municipalcgovernment, school, service district or other governmental or quasi-governmental agency that owns property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of tIns Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map has been available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. The fo~oing "Affidavit of Notice" was acknowledged before me this l~ay of Q..J-L- C- ,200';; by ~ h,~ PUBLlF:OTICE RE- 2nd AMENDED T - SOUTH AND GIB- SON SUBDIVISION (SO SOUTH AVENUE), SUBDI- VISION AMENDMENT NOTICE HEREBY GIVEN that a pubUchearingwillbeheldonMonday,January9, 2006, at a meeting to begin at 5:00 p.m. belorethe Aspen City Council, City Council Chambers, City Hall. 130 S. GalenaSt., Aspen. to consider an ap- plication submitted by Centurian Partners, LLC, 300 Spring Street, Suite 301, Aspen, CO 81611, which is the owner of the subject property. The Applicant requests a subdivision amendment to relocate the existing lot line shared by Lot 1 and Lot2oltheSouthandGibsonSubdlvislonresult- ingin areconfiguratloll of the dimensions of the lots. In order to develop the property. as descri- bed previously, the applicant is requesting the following development approval: sulxlivision amendment. The property is legally described as Lots 1 and 2, South and Gibson Subdivision, and Is more commonly known as 805 South Avenue, Aspen,CoJorado, 8161L For further information, contact Jennlfer Phelan ~py OF THE PUBLICATION at the CIty of Aspen Commumty Development De- partment, 130 S. Galena St., Aspen, CO, (970)429- 2759,jennifep@Ci.aspen,co.us. '!1',"KA'::::~::c~~;;:;; f{ OF' THE POSTED NOTICE (SIGN) Published in the Aspen imes Weekly on Decem- ber 18,2005. (3280) WITNESS MY HAND AND OFFICIAL SEAL My commission expires: '-f. /;),,3./ cr=r srl-,,'" " OATS3 Notary Public ATTACHMENTS: I GOVERNMENTAL AGENCIES NOTICED BY MAIL South & Gibson Subdivision ~'?J ~M ~t--L -0.\= ()Y\~V1, ~ csJ~v\"'&Lir\ ~D~~:-:1n.? {~ III JlJi '" -.'. .-.' .. ,q, .- -- .. ~ .. IQ .. .. II . ., II ~ - - ~ ",,",.,J several public improvements, such as but not necessarily limited to an electric vault, an underground electric line, a street light, and a portion of the Gibson Avenue roadway, have been constructed on the subject property without easements. This is not uncommon on the east side of town, and the applicant will be amenable to either relocating these improvements or providing easements (as appropriate and mutually agreed) provided such activities do not in any way affect the property's development potential or the otherwise applicable dimensional requirements. The property is zoned R-6, Medium-Density Residential. The "Purpose" of the R-6 Zone district is "to provide areas for long term residential purposes with customary accessory uses. Lands in this zone district are generally limited to the original Aspen Townsite, contain relatively dense settlements of predominantly detached and duplex residences, and are within walking distance of the center of the City." The list of Permitted Uses includes detached residential dwellings, duplexes, two (2) detached dwellings on lots 9,000 square feet or larger, home Occupations, accessory buildings and uses, and accessory dwelling units meeting the provisions of Section 26.520. The existing detached single-family residential use of the subject property is in conformance with the permitted uses of the R-6 zone. The property is served with natural gas by Rocky Mountain Natural Gas, with electricity by Holy Cross Electric Corp., with telephones by Qwest, with sewer by Aspen Consolidated Sanitation District, with water from a well (apparently not COlU1ected to City of Aspen Water --- connection to City Water will be required Upon redevelopment and tap fees will be due as applicable), and with fire protection by the Aspen Fire Protection District. Water lines exist in the surrounding streets (an 8-inch diameter main is in South Avenue) and a fire hydrant is located near the corner/intersection. Based on the Pitkin County District Court Settlement Stipulation in Case Number 93 CV 259-3 (dated December 20,1995, hereinafter referred to as "the Settlement," and included herewith as Exhibit 5) the property itself has an area of 21,937.92 square feet (hereinafter "the Parce]"). As part of the Settlement, the City of Aspen was given the right to construct a sidewalk along the northerly edge of the property (parallel to South Avenue). The sidewalk area contains 943.466 square feet and was quieted to the City of Aspen (hereinafter "Parcel B"). Parcel B lies adjacent to but completely outside of the Parcel. Between the sidewalk (Parcel B) and the South Avenue roadway is a strip of land containing 2,145.30 square feet, which was also quieted to the City of Aspen (hereinafter "Parcel C"). These parcels are identified on the acCOmpanying Improvement Survey Plat & Topographic Survey, prepared by River City Surveys, Inc. and dated October 27, 2003. Page 4 ~ II'\.. 7 117 ""LL , ~ , ,....,r' In effect, Parcels Band C have become part of the South Avenue right-of- way. However, certain important reservations were outlined and agreed to in the Settlement. First and most importantly, item number 2 in the Settlement states that, "For purposes of any future application... for a development order... the property described in Exhibit A [the subject property/80S South Avenue] shall be deemed to have an area of22,882 square feet." Therefore, the subject property has an effective lot area of 22,882 square feet for purposes of determining the allowable density, floor area and the general implications of the dimensional requirements applicable pursuant to the underlying R-6 zoning. Basically, while the previous owners of the property agreed to quiet title to the City of Aspen for purposes of building a sidewalk, they made sure that no development rights (i.e., allowable floor area, density, etc.) would be lost in doing so. Next, title to Parcel B (the sidewalk) was quieted to the City of Aspen but with the non-exclusive reserved right of the 805 South Avenue owners (and their successors) "to use, occupy, and enjoy said property [Parcel BJ except to the extent that the City of Aspen shall undertake construction of a public roadway, sidewalk, underground utilities or underground drainage facilities or other public improvements." Thus, as mentioned above, Parcel B effectively became part of the South Avenue right-of-way; however, the owners of 805 South Avenue maintain certain non- exclusive rights to use the area in a manner that would not interfere with the City's ability to use it for public purposes. City Council Resolution No. 71, Series of 1995 (see Exhibit 5) memorialized the City's acceptance of the above-described terms of the Settlement. The surrounding properties to the north and south include single-family detached and duplex residences. Many properties have recently or are currently undenedevelopment. The Smuggler Mobile Home Park (Lots 200, 202, 204, 101, Maple Lane and an open space parcel) is located next door, to the east. South & Gibson Subdivision Page 5 I 'I t . . I . I I :I \I t , - . . . . . """,, .......". IV. REVIEW REQUIREMENTS . The proposal requires subdivision approval and approval of exemptions from the Growth Management Quota System (GMQS) scoring and competition procedures pursuant to Section 26.470.070(A)(2) and (B) of the Code. This section of the application is organized by applicable review standards, with each set of standards provided as a sub-section hereto. Under each sub-section, every individual review criterion is presented in indented and italicized print and followed by a response demonstrating compliance with andlor satisfaction of the given standard. . .. , . I .. I .. .." . , . . nnili .. .- ..' :- i .- .- -- ~. A. GMQS Exemptions The end result of the proposed development will be two lots. The effective lot areas of proposed Lots 1 and 2 are 7,184 and 15,694 square feet, respectively. Thus, maximum combined build-out pursuant to the underlying R- 6 zoning is three dwellings units, where Lot 1 can be development with no more than one single-family dwelling, and Lot 2 can support either one or two detached single-family residences or a duplex. Since the existing property is considered to have an effective area of 22,882 square feet, the existing single-family residence could be converted to a GMQS exempt duplex as a permitted use-by-right. The conversion could be done without adding any FAR floor area; therefore, there would be no required payment of cash-in-lieu of an ADU. Since this can be done, the City Planning Office has decided in consultation with the City Attorney that the two reconstruction credits exist even if the actual conversion is not first carried out. That is, it has been agreed that it would be pointless to complete the conversion just for the sake of later demolishing the structure, and that allowing the credits without this activity saves not only resources, time and finances, but it also saves the neighborhood from having to accommodate unnecessary construction impacts. Thus, the subject property maintains two GMQS exempt residential reconstruction credits under the terms of Section 26.470.070(A)(2) of the Code. Said Code section provides certain conditions for use of reconstruction credits as a GMQS exemption, including the following: a) An applicant may propose to demolish and then delay the reconstruction of an existing dwelling (beyond three years); b) The applicant shall verify, by letter submitted to and approved by the Community Development Director, the number of existing legal units South & Gibson Subdivision Page 8 South & Gibson Subdivision Page 9 . . \1 .. . . . at - . II .. a- II at I .. , w -' ~ ,", -......".'" on the property prior to demolition and shall agree that reconstruction will occur pursuant to the terms of Section 26.470.070 of the Code; c) Reconstruction shall occur within five (5) years of demolition, unless an extension of this deadline is granted by the City Council for good cause (the starting deadline for reconstruction is three (3) years, but can be extended to five years by the Community Development Director after submission and review of an accurate Improvements Survey of the structure); and, d) Any building that is demolished shall be limited to reconstruction on the same parcel or on a contiguous parcel owned by the applicant. The applicant has not yet determined a timeframe for use of the reconstruction credits or for the demolition of the existing dwelling. If use of the reconstruction credits is to be delayed by more than three years, an extension of the exemption will be requested; otherwise, the credits will be used within the three year time frame provided. This application, combined with the City of Aspen Building Department files, should be adequate verification that there is one existing, legal dwelling unit on the subject property. Also, the above-described determination of the Planning Office and City Attomey provides the second reconstruction credit. The applicant hereby agrees that use of both reconstruction credits shall be done in accordance with and pursuant to Section 26.470.070 of the Code. Thus, the applicant is essentially agreeing to comply with the GMQS exemption requirements for reconstruction of a single-family dwelling or a duplex (construct an ADU(s), or pay the cash-in-1ieu fee). Since the applicant will own both resulting lots of the subdivision and they will be contiguous, sub-standard" d" (above) allows use of one of the reconstruction credits on the second lot. That is, using the reconstruction credits concept described above, the property maintains two (2) GMQS exempt residential reconstruction credits. As such, the property can be subdivided in compliance with the dimensional requirements of the R-6 zoning and the reconstruction units can be developed anywhere on the property that is consistent with the R-6 dimensional requirements and other applicable requirements of the Land Use Code. The subdivision will allow the two reconstructed units to be placed on separate, fee simple lots using the allowable FAR floor area for the effective size of lots created through the subdivision. The two resulting lots will comply with the minimum lot area and lot width requirements of the zone district, and the reconstructed homes will comply with . , , . I . I I I I I I I I I I I I I ,~ '., ,"" the other dimensional requirements of the zone district unless variances are obtained. Furthermore, since proposed Lot 2 has an effective area of 15,694 square feet, it contains enough land (i.e., more than 9,000 square feet) to support development of one single-family residence, two detached single-family residences, or a duplex. Again, with each redeveloped unit, either an ADU or cash-in-lieu will be provided. By way of a more detailed explanation, to the extent that Lot 2 is developed with two dwelling units (whether it be as a duplex or two detached dwellings), the GMQS exemption for the second unit is derived from the fact that a 9,000-p1us square foot lot allows development of a second attached or detached unit pursuant to the R-6 zoning and Section 26.470.070(B)(2) of the Code. That is, Section 26.470.070(B) of the Code provides an exemption from the GMQS scoring and competition for " the construction of one or two detached residential units or a duplex dwelling on a lot that was subdivided..." Further, Section 26.470.070(B) of the Code allows for" the remodel or expansion of a single-family dwelling unit into a duplex dwelling" exempt from the GMQS scoring and competition procedures. It was determined as part of the Park-Dale Subdivision's GMQS Exemption approvals that there is no need to finish developing a single-family dwelling only to then expand it into a duplex dwelling to be eligible for the Section 26.470.070(B) exemption as the end result would be the same and finding otherwise would only force a triumph for technique over substance, so to speak, at great expense. Use. of the GMQS exemptions provided at Section 26.470.070(A) and (B) of the Code is approved administratively by the Community Development Director. These exemptions are not deducted from the respective annual development allotments established in Section 26.470.050 or from the Aspen Metro Area development ceilings established in Section 26.470.030 of the Code. B. Subdivision Approval The purpose of Section 26.480, Subdivision, of the Code includes ensuring "the proper distribution of development" and encouraging" the well-planned subdivision of land by establishing standards for the design of a subdivision." This purpose is forwarded by and achieved with the proposal made herein. Section 26.480.020, Applicability and Prohibitions, describes instances where subdivision is prohibited, including the requirement for a development allotment or a GMQS exemption. To comply with this section, the applicant will South & Gibson Subdivision Page 10 ",,,,, '"', Aspen City Council Regular Meeting ....,'" June~8,2004 Woodford noted this is addressed as a condition so the applicants will be' prepared. Zupancis pointed out there is no on street parking along Gibson or South streets. Race and Walnut streets have no parking. Zupancis said he is concerned about these large houses and where all the cars will park. Zupancis said when there are parties, there will be no place for cars. The parking in this neighborhood has not been addressed. Zupancis said he does not feel a sidewalk on South street is needed. Tom Marshall said there should be reasons for changing lots in subdivisions. Neighbors have no input to what is getting built in their neighborhood. Marshall said the hearing notices do not explain the implications of changing lots to subdivisions. Hesselschwerdt agreed a sidewalk is not needed on South street. Hesselschwerdt agreed that chopping up large lots and allowing maximum build out is disconcerting. Loren Ryerson, chief of police, recommended a sidewalk go around the comer of Gibson and a crosswalk go to the north even ifit doesn't go up South. Ryerson concurred a sidewalk along South is not necessary. Ryerson noted the lighting in this area has been a concern. Ryerson asked that the developers not fight with increased lighting Mayor Klanderud closed the public hearing. Haas stated the maximum build out of this property under zoning is 3 lots. The property is 22,000 square feet located in an R-6 zone, which would allow three 6,000 square foot lots. Haas said the city decided what the appropriate density was when they zoned this area. Haas said this is full subdivision, not subdivision exemption. Haas noted there are dimensional requirements and residential design standards with which they will comply or they will have public hearings on variances from these. Haas said wrapping the sidewalk around the comer would be a good solution and would eliminate the need for a sidewalk along South street. Haas said this project will meet the city's on-site parking requirements. Haas told Council the building orientation on site is not known; this will depend on where the access IS. Councilwoman Richards said she would be willing to forego the sidewalk; however, would like the city to retain an easement to put a sidewalk on South street in the future. Councilwoman Richards said she is concerned about two different driveways. The lots should be laid out so that they can share a common driveway. This is a high traffic area and one driveway 11 ,.." -., - Photo of the Gibson Avenue property frontage where the underground electric line runs without an easement. The area to the right of the trees is the location for the sidewalk that the applicant will install with curb and gutter. Background information that is pertinent to this application includes a 1995 dispute between the property owner and the City about whether or not the City had the rights to a portion of the subject property along South Avenue for right-of-way pUrposes. At the time, a portion of South Avenue encroached onto the applicant's property. The City's position was that the area that South A venue encroached onto the property had either been previously conveyed to the City by the owner, or the City had the right to use the property through adverse determination. A settlement of the issue was eventually reached whereby the owner quiet titled to the City the area of the parcel in question for use as public roadway, sidewalk, underground utilities or drainage facilities, or other public improvements. As part of the agreement, the property owner is allowed to enjoy use of the conveyed portion of property to the extent that it does not interfere with the above described public improvements. In addition, the owner is allowed to utilize the original square footage of the property for the purposes of floor area calculation for future applications. STAFF COMMENTS: GROWTH MANAGEMENT QUOTA SYSTEM (GMQS): As stated above, the applicant is seeking GMQS Exemptions in order to obtain the development rights needed to construct dwellings on the new lots. Below is the specific wording of the exemptions the applicant is requesting followed by staff position on its compliance with the review criteria (Staff Findings can be found in Exhibit A): 1. DETACHED SINGLE-FAMILY OR DUPLEX DWELLING UNIT (SECTION 26.470.070.B). The following shall be exempt from the growth management scoring and competition procedures: 1) the construction of one or two detached residential units or a duplex dwelling on a lot that was subdivided or was a legally described parcel prior to November 14, 1977, that complies with the provisions of Section 26480. 020(E), or 2) the replacement after demolition of one or two detached residential units or a duplex SOUTH AND GIBSON STAFF REpORT PAGE 4 ,.,r...... -- '.....", NOTE: An Interpretation of Title from Section 26.470.070.B was requested by the applicant and approved by the Community Development Director (See attached Exhibit D for copy), officially recognizing that a lot that has an existing single-family, but is large enough to support a duplex, inherently has two development rights. Furthermore, the Director has ruled, it is not necessary for an applicant of such lot to physically convert the single-family into a duplex prior to demolishing it in order to secure such development rights. 2. RECONSTRUCTION OF DEMOLISHED UNITS (SECTION 26.470.A.2.). The reconstruction of demolished units shall be exempt. An exemption request that includes a request for an extension of the three year deadline on reconstruction of demolished dwelling, hotel and lodge units shall be accompanied by an improvements survey of the structure. No demolition shall occur until the Community Development Director has verified the accuracy of the improvements survey. The exemption for reconstruction of a demolished unit is available only upon a finding of compliance with the following standards: a. An applicant may propose to demolish and then delay the reconstruction of existing dwelling, hotel or lodge units. b. The applicant shall verifY, by a letter submitted to and approved by the Community Development Director, the number of existing legal units on the property prior to demolition and shall agree that reconstruction will occur pursuant to the terms of this Section. c. Reconstruction shall occur within five (5) years of demolition, unless an extension of this deadline is granted by the City Council for good cause. d. Any building that is demolished shall be limited to reconstruction on the same parcel or on a contiguous parcel owned by the applicant, unless it is determined that reconstruction shall be permitted offsite pursuant to Section 26.520.020(D). Staff Replv: Section 26.470.070.A.2. allows the transfer of one of the two development rights the applicant has from one parcel to a contiguous parcel and establishes the timetable for utilizing those development rights. The applicant proposes to comply with all of the above criteria. Staff agrees that the criteria can be met. According to the applicant, they will reconstruct the existing dwelling within five years of demolition or seek an extension from City Council. Criteria "d" above allows the applicant to land one of the development rights ona contiguous parcel with the fathering parcel because it will be owned by the applicant. SUBDIVISION: Staff has reviewed all of the subdivision criteria in Exhibit B and have found the request to comply with all of the applicable criteria. DEVELOPMENT REVIEW COMMITTEE (DRC) REFERRAL COMMENTS: The DRC meeting was held on March 10, 2004. The comments from that meeting are attached in Exhibit C. SOUTH AND GIBSON STAFF REPORT PAGE 6 F ,"""...., ~"'''", EXHIBIT A STAFF FINDINGS: GMQS EXEMPTION Section 26.470.070.A.2. of the Land Use Code applies in this situation, as described below: A.2. Reconstruction of demolished units. The reconstruction of demolished units shall be exempt. An exemption request that includes a request for an extension of the three year deadline on reconstruction of demolished dwelling, hotel and lodge units shall be accompanied by an improvements survey of the structure. No demolition shall occur until the Community Development Director has verified the accuracy of the improvements survey. The exemption for reconstruction of a demolished unit is available only upon a finding of compliance with the following standards: a. An applicant may propose to demolish and then delay the reconstruction of existing dwelling, hotel or lodge units. b. The applicant shall verify, by a letter submitted to and approved by the Community Development Director, the number of existing legal units on the property prior to demolition and shall agree that reconstruction will occur pursuant to the terms of this Section. c. Reconstruction shall occur within five (5) years of demolition, unless an extension of this deadline is granted by the City Council for good cause. d. Any building that is demolished shall be limited to reconstruction on the same parcel or on a contiguous parcel owned by the applicant, unless it is determined that reconstruction shall be permitted off-site pursuant to Section 26.520.020(D). STAFF FINDING: DOESITCOMPLV? YES The applicant has indicated that they will reconstruct the existing dwelling within five years of demolition or seek an extension from City Council. The existing dwelling will be redeveloped on the same parcel that it was demolished on and the second development right from the fathering parcel will be redeveloped on the newly created, conti uous lot owned by the a 1icant, in accordance with criteria d above. Section 26.470.070 of the Land Use Code applies in this situation, as described below. B. Detached single-j"amily or duplex dwelling unit. The following shall be exempt from the growth management scoring and competition procedures: 1) the construction of one or two detached residential units or a duplex dwelling on a lot that was subdivided or was a legally described parcel prior to November 14, 1977, that complies with the provisions of Section 26.480.020(E), or 2) the replacement after demolition of one or two detached residential units or a duplex dwelling, or 3 ) the remodel or expansion of a single-family dwelling into a duplex dwelling. This exemption shall not be applied to any lot for which any other development allotment is currently being sought or is approved. This exemption shall not be deducted from the respective annual. development allotments established pursuant to Section 26.470.050 or from the Aspen Metro Area development ceilings established pursuant - ]2- .~- ~ ",.,; to Section 26.470.030. Exemption review is by the Community Development Director. This exemption shall be granted only if the following standards are met. 1. SiniZle-familv. In order to qualifY for a single-family exemption, the applicant shall have three (3) options: a. providing an Accessory Dwelling Unit (ADU) pursuant to Section 26.520; b. paying the applicable affordable housing impact fee pursuant to the AspenlPitkin County Housing Authority Guidelines, as amended; or c. recording a resident-occupancy (RO) deed restriction on the single-family dwelling unit being constructed. STAFF FINDING: DOES IT COMPL v? YES The applicant has indicated that they will satisfY this requirement by either constructing an ADU or paying the appropriate cash in lieu fee on each lot. This decision will be made rior to bui1din ermit for each lot. - 13- .-':;' ~'" "..I EXHIBIT D INTERPRET A nON OF TITLE HAAS LAND PLANNING. March 8, 2004 . Mrs. Julie Ann Woods, Director Mr. Scott Woodford, Planner Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 f RE: Interpretation of Section 26.470. 070(A) (2), GMQS Exemption for Reconstruction of Demolished Units Dear Julie Ann and Scott: This letter is a request for a formal Interpretation of Title, pursuant to Section 26.306.010 of the Land Use Code. More speciiically, the request is for a formal interpretation of Section 26.470.070(A)(2) of the Code as such relates to the use of residential reconstruction credits for the purposes of subdivision. The best way of explaining the request is by way of hypotheti~1 example. As part of the example, a few premises must be outlined. First, the hypothetical property is located in a zone district where the minimum lot area is 6,000 square feet and 9,000 square feet of lot area is the minimum required to support a duplex or two detached residences. Next, the hypothetical lot has an effective area of greater than 12,000 square feet, and maintains one legally established single-family residence. Pursuant to plain and clear ianguage of the Code, the residence on this. hypothetical lot could be converted to a GMQS exempt duplex as a permitted use-by-right under the described zoning conditions. Assuming the conversion could be done without a.dding any FAR floor area, there would be no required payment of cash-in-lieu of an ADU for such a conversion. Since it is clear that this can be done; the City Planning Office has informally decided in consultation with the City Attorney that two (2) reconstruction credits exist even if the actual conversion is not first earned out. That is, it has been agreed that it would be pointless to complete the conversion just for the sake of later demolishing the structure, and that allowing the reconstruction credits without this activity saves not only resources, time and finances, but it also saves the neighborhood from . having to accommodate unnecessary construction impacts. . 201 N. MILL STREET, SUITE 108. ASPEN, COLORADO. 81611 . PHONE: (970) 925.7819 . FAX: (970) 925-7395 . - .- -- "'.""" March 8, 2004 Page 2 Thus, the owner of the hypothetical property described above would maintain two (2) GMQS exempt residential reconstruction credits under the terms of Section 26.470.070(A)(2) of the Code, provided the conditions for use of the reconstruction credits can be met. , Carrying this interpretation forward, it follows that the hypothetical property can be subdivided into two (2) lots that comply with the dimensional requirements of the zoning and the reconstruction units can be developed anywhere on the property that is consistent with the dimensional requirements and other applicable requirements of the Land Use Code. The subdivision would allow the two reconstructed units to be placed on separate, fee simple lots (if under common ownership) using the allowable FAR floor area for the size of lots created through the subdivision. Further, with each redeveloped unit, either an ADU or cash-in-lieu would have to be provided. In closing, it is respectfully requested that the Comrnupity Development Director formally confirm the above-described interpretation and understanding of the Code provisions by signing in the space provided below. If you should have any questions, please do not hesitate to contact me. Yours truly, ~<mnirt"' LLe Mitch Haas, AICP Owner / Manager Signed: Ie Ann Woods, Community Development Director ~rJ 3/ / '3 ( D-:.{ Date c:lmy documents/administrative/city/Subdiv-Recon Credits lnterp ,., ........ ........ '-" MEMORANDUM TO: Plans were routed to those departments checked-off below: X ........... City Engineer X ...... ... Community Development Engineer 0......... Police Department X ........... Zoning Officer o ........... Housing Director X ........... Parks Department X ........... Aspen Fire Marshal X ........... City Water X ........... Aspen Consolidated Sanitation District X ........... Building Department o ........... Environmental Health o ........... Electric Department o ........... Holy Cross Electric o ........... City Attorney 0........... Streets Department o ........... Historic Preservation Officer 0......... City Parking Manager 0........... Pitkin County Planning FROM: Jennifer Phelan, Senior Long Range Planner Community Development Department 130 S. Galena St.; Aspen, CO 81611 Phone-429.2759 Fax-920.5439 RE: 809 South Avenue, Subdivision Amendment Parcel ID #2735-073-35-001 and #2735-073-35-002 DATE: November 16,2005 COMMENTS: Please review the attached application for a Subdivision Amendment request. The South and Gibson Subdivision was approved for the creation of two lots and three dwelling units in 2004. Upon further consideration, the Applicant would like to relocate the lot lines but maintain the same conditions of approval of the initial subdivision. A DRC Meeting will be held on Wednesday, November 23,2005, in the City Council Chambers, Basement of City Hall. Please have your comments ready. If you would like to review the full-sized copy, please let me know. DRC Meeting: November 23, 2005 Thank You, Jennifer Phelan J ~~ "pt> . d" \0 o'{d ~~ ~#~~c~ '0# N~ ....,0 ~"(O:f'o~ ':)"'-,\-1'" 1><:1 ,,0 ~~~-Ji.j\$'00d>\P ~ \O~ ~ <pi\'> ~({' i<~. ~ ~ 'fP ~\ ~~,\ (\ 0' . ... <<" ~..,... .. """, \" --' .... .. . '" #" "" .. '" ~ 9"" "'" '" "," ... ... .. " . ~...\ "'!.,;'f"".. ~ "".... ~#' Cf' u> ,\ . .. ~.. ~ .... '" . <II' '" ~ .. ~~ N.}~c:O ,< "'" <?: .- '" "" "'~ "'" """,IP" ~ ,~~ uP J> ,eft' ,p-'... "" ""'.\ $> ........ '" "" ""............ v" ~.,.<' """ .... ....<11' "...,ie'.;.. .. ~ ........, <11'...... ~ "';.."'" ... .,"'"'" ..... ",' ,.... "",,",~,~..... ..~<P~~..:~....~ /~ ....,,: " .. ~ "".;. "" .,. #'..... <II' ~ f" ~""'.'. e \<>.,J\S\o >r:P~'\P! o~~ . 00 ,ps A\" 00. II, w-:'" \I. ,(,~' ~ <f> .. ,p.- "',# "" '~dP ...... ~'... .. 9' ,.. '.'/ ... ,..." '" " ... "" .' "'..' ..' ", ':" """ ..,... .... "'.<""......... w "'" ... ,0<....... . '" .. . ...~.""" "" "'" .."" #' ... .,P',.. "" . .. " .... J. "",,,,, ".. IP" "" . "'" ... .. . "" ". ";.... " "'" ,po,,,," #"':... .... J".. ",;;P 'i><:I :(Oe(< c:P:> 1). ~ \0\ ~e :(Oct' ~c, #i ~ V'~.),<~~ ~\. i":i ~:(\\1>~ c\C" 1).\:P _..c \P ,#, ~~ d'l' _\ \'" A., "wr .M""- 0<:1", ...0"'_<"1 c", r;v ~~'l v#> V' ~o >11>" ?'i $9" t' ~~~: #~~~, ;C:<:I<:I"(O ~d"~;e 0<fP oo\.'.",'QO_~. .,j,$~ o~s,j,oe c\~"(O""-1<P ~ (0 (<1><:i<:l fl.;'\) ~:"'~\<:i 'l-~ \<1"\-l'C o~ ~l:. '\o~<1'" o~. ~~'l % / c. VV &!>. Z O.N ~IJ . .'r-' , , AR:CMI"YEC,TG L L O. . P,O. DOX 25-08 ASPI<:N CO 0.'612 Ph O'l<LS.oiif '" .3&'" F 970.544.8211 Novemt.er 14,2005 Aspen Conununity Development Dcp.mrnent 130 South Galena Street Aspen, CO 8161 I To Whom It May Concern: SubSl:llltively this application doc:s not change. The dimensio rcquu-cments, unit numbers and sizes, and a.ccepbDoc of previous approval conditions will all thc samc as was listed for the Lot Split application. While the rcvicw criteria are different om one revicw to thc other, the requirements for an amendment focus On thc suitability of the ubdivision given t1tc AACP and neighborhood context. without addressing each point individ ally, our response to thc criteria in gcncral is that a subdivision approval was granted in the sum er of 2004. 'This application only secks to modify thc lot lincs and the rntio ofsquarc footage al 'on between the lots, and docs not in any way ehange the appropriateness ofthc subdivision n relation to the AACP or thc neighborhood (as thcse elements themselves havc not subSl:lll 'vely ehanged since the subdivision approval). As I mentioned above, there are no proposcd ch es to the conditions of thc June 2004 subdivision approval. for the South and Gibson and Subdivision Exemption for a ier subdivision approval that . on bc revised to contain an endment We have recently been infonncd that the application submitt Subdivision for an Administrative Growth Management revi Lot Split does not fit within the Lac Split criteria duc to an initially en:atcd the lot. We would therefore request the appli Administrative Growth Maoagcrocnt review and Subdivision If you fcel that a more specific rcsponsc to any critcria is nee office, and wC will provide the necessary infonnation. , please fcel fTcc to contact our D an M. Johns, Principal Zonc 4 Architects, LLC. 2'd eo!'!! SO y! ^O~ /Jov I? I 2000' .JDJJJ1~ 1'/./ ~LPrV 'f 2.0 - .51t:J ~ ""D'1'~~ Z O.N E .~ .I~ A . CHI"T E C T S = I:>>" .",av "61'11(1"_ ...,.." GO .1."2 r 9'70. $44 . 3S<41 , 970.544.8211 Date: To; Fax: From: Page..: ~Including cover shcct) Rc: Sv~;DI'; I 51 /MO Commcnt..: ~rJ l p..-rz YL-~_r: Ui7 ~e-z<.; k:7~ .oR- M:\f;enc:nl o~kt\z4f.u....w.../(.6oe 1 'd ~ A---tbwDAf€"INT Lt:77c>1. . ,of" j,( oV...v IF. Yuv Ald7". Tit ~ f Tt./lwY[ -r,/U I.S '/uvn.. 14(;:# /.Ib'.!'. III ~~ .0.'" SO ., ^~ ATTACHMENT 2-LAND USE APPLICATION ... ,.. , ~~~~I Name: SOOT4 J, 671!l:SU>O $08t/lvlf{tMl Location: ~5 5ou7l( frYE, (Indicate street address, lot & block number, Ie descri tion where a ro riate) Parce1ID # (REQUIRED) -z. 7 -r.7- O'7J- .IS- 001 "2737-073- 3.5'- 00""2,. REPRESENTATIVE: Name: ~E I..J J't7Z.''1Ii"EZ.T,S, L..L '- "Z."S ~ E1'ts 7' 4DPICI"OS In/e !rsPpJ CO eth I J 51i4- ~"Il Address: Phone #: ~. mLIL~ Name: C~Tvn.J 010 'F'JI!t1Z- TIV/:-,z.5 r 1...1... C. Address: 300 SpQ'",& Sll2ECT. SUI-n:- "301 Phone#: 5~~ - 6.BG. TYPE OF APPLICATION: (please check all that apply): Jl-~ , c.o 8'''1 . 0 Conditional Use D Conceptual PUD D Conceptual Historic Devt. 0 Special Review D Final PUD (& PUD Amendment) D Final Historic Development 0 Design Review Appeal D Conceptual SPA D Minor Historic Devl 0 GMQS Allotment D Final SPA (& SPA Amendment) D Historic Demolition 0 GMQS Exemption D Subdivision D Historic Designation 0 ESA - 8040 Greenline, Stream D Subdivision Exemption (includes D Small Lodge Conversion! Margin, Ha1Iam Lake Bluff: condominiumization) Expansion Mountain View Plane g Lot Split - $CI.JDIlII ~ "'" E><519lf. D Temporary Use ~ Other: n Lot Line Adiustment D Text/Man Amendment Atf>I>Ilrv qfZlWTI/ A1~.1ofi'I(/T lli '\ EXISTING CONDmONS: ~S-nIV& SF W?5SI"D&>Va l.PT .sl>lS"1;:lvl Dl:-~ Pe-n- -i O\JTlrVILD/W6; -J/. 1(, SIiYZ.I Ii> ~ If'&: 2001( ~(JLISlJtD. '12.-~ ZOOJII\IG- 'Ee: (..cnt)FI6L>f2i: Lo7 LcrTS AJo t:.&oI~ 70' $O/tC'lIlIS'...., Have you attached the foDowing? FEEs DUE: S J, ~ 8s; 0 0 o Pre-Application Conference Summary o Attachment #1, Signed Fee Agreement ftouWJ:M'T RECORD o Response to Attachment #3, Dimensional Requirements Form REi~ FOR PElUN'"'" D Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards 7fTwAl. All plans tjlat are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of aD written text (Microsoft Word Format) must be submitted as part of the application. " . " Project: Applicant: Location: Zone District: Lot Size: Lot Area: "... ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Soo/l./-v E?/1350kl SVBt>/lJIStOIlJ C 6VT\l n. I Cl>\) PI\Yl.7K1E'Zo)' 80S- S /11JT'" 4-Vt:" . -g- 41 1:5 S "Z"Z 8 ..-r /8'1 (for 1he purposes of calculating Floor Area, Area may be reduced for areas within 1he high water mark, easements, and steep slopes. Please refer to 1he definition of Lot Area in 1he Municipal Code.) NI"" z-if 7~ Commercial net leasable: Existing: # / A Proposed: Number of residential units: Existing: I Proposed: Number of bedrooms: Existing: ~Proposed: Proposed % of demolition (Historic properties only): II / It. . DIMENSIONS: Floor Area: Principal bldg. height: Access. bldg. height: On-Site parking: % Site coverage: % Open Space: Front Setback: Rear Setback: Combined FIR: Side Setback: Side Setback: Combined Sides: Fl'1z-' 3'1tf. J 7r> 7 Existing: Z(,'5b Allowable: .,117,) Proposed: If 3Z? Existing: IS' /tff'n,YAllowable: 25' Proposed:,1S D Existing: 10'-IZ' Allowable: ZI'/n.' Proposed: .61::> Existing: z-3 Required: i-f .IIllvProposetl: ~-p ./ "'AI Ll11h Aft-<! ;11% Existing: It> If) Required: -z.7'/" PropoSed:..~ ,.... Existing: sa SlJ4t/C'f Required: AI J /( Proposed: 11317 . Existing: -z.. ~. Ii I Required: IfI}/:) Proposed: H>!t.5 Existing: ,... 71# ' Required: , I) /5" Proposed: { ~ /5 Existing:~'Oo' Required: /I/A Proposed: A//h Existing: 'I. (. , Required: 5//5 Proposed: /0 J IS Existing: AI} At Required: /JIlt ~"It Proposed: ,v JA-:y..iI- Existing: /1/ f1t f4. Required' IV;4\- " Proposed: All flr i:-i Existing non-co nnities or encroachments: S'DC YJMP r ~1tUtS ( Pt211O~ ,PIlL v J4a.ts 5 -r/7AJ (.,"T1) 'Z rrJ PI!lV(. t: V 1)L I T1 ).. HIt". F: UfflJ.lI:. V' i!tJ~ - "" If t }i"VG fl ,uk..., o l\J To Sl)!J.\ t"t:r !lTf . see $tJrz.Il1i'l Variations requested: N(J'>cJE .lji 1"~1 ~ t..f\o'Z.. *~ 1~"'E7T/)wM- c It'S 63 1+\..7'. 1-01 Vi/ FfllU-r I AL T frl.V'N7 I oJ 51);)€" y~P (,) L..trr5 IN/"fY2.rw1' I eE"'4-/2. I ' S n:l':, /ttVr::> f- tr P<"ZV>tJT' 'I ttn!>. ~"" ~ '"',..... CITY OF ASP!;N COMMUNllY DE;;VELOPMENT DE ARTMENT A ""tfor P. eat of . of A D""dg ment A llestinn Fees CITY OF ASPEN (bcJci.oaftcr CITY) and ~a.l Tv \"2.1 01\) Plb'l.1.Jn ~ (bmil>aflcr APPLlCANI) AGREE AS FOU.OWS: 1. APPLICANT has submincdto CITY anappIicationf ~ 1\-"0"".",. ~/)IIIITO/ """..,~DI17' li\IIb"""..t, S1> 11.5'.... ~b""t)tP7i"V PDI7. L" fAI1 (bereinafter. THE PROlECl). 3. APPLICANf and CITY agree that because of the . is JIIlt possiblt at tJlis time to asc:clI3in the full ext<:nt of the APPLICANT and CITY furtl1cr agJeC that it is in the inIl:leSI of the . that APPLICANT make payment of an initial depoSit and to tbet1:aftcr permit additional costs 10 be . eel to APPLICANT on a 1IlO0000y basis. APPLICANT agrees additional costs may a= fOllowing tbeir . and/or applOvaIs. APPLICANT agDlCS llc wiU be benefited by relaining gn:att:r cash liquidity aDd will make . . payments upon ""tifIcatiml by the CITY wilen they an: ncccssary as cosls arc in<;uned. CITY agrees it ill be bcIlefited lhroush the gJl:8lCr eenaiDly of rocovcnug its full <Xl'" \0 Jl'OCC'SS APPLlCAm"S application. 4. CITY and APPLICANT fullhe< og= lhat it i. nlplllClicable for CITY. staff to complete pma:ssing or pn:scDl. solliciClll infonnation to the Planning Commissi and/or CiIy Council to enable the PlanniDg Commission and/or City ConnciI to make legally requiJed findings fo IOject consideration, unlesS Qlrrent billings are paid ill full prior to decision. 5. TIlcrefore. APPLICANT agrees that ill consideGltio of the CITY's waiver of its right to oollCCl foB fees prior to a dC:tCtmillOlion of application completeness. APP CANT shan pay an initial deposit ill the amounlofS '.t~85,"" wbichisfor 1'2.14 1loU1S of Co 'ty DewlopolClll stalI'tiJPC. and if actual n:co~ co"'" exceed the initial deposit. APPLICANT sball pay addi onal moDlb1y billings to CITY to rei...,...... the CITY for the proccssiD8 of tbe applicalion mentioned above, i post appmwl review at a rare of$220.00 per planllcr hoor aver the initial depoSit Such periodic pnymems be made within 30 days of the biJJiug date. APPLICANT furtber agn:cs Ibal failnre to pay such aa:rucd costs shan gmuodS for suspension of pIO("""';..g. and ill JIll c:ase will building pennils be issued unliI aD cost< associated win case pmcessiM haVe been paid. n QnIimllce No. 57 (Series of 2000) all processing fees is a condition precedenl 2. APPLICANT UIJlIemands and agrees tI1at City of establishc:s a fee stlUCtulC for Land Use applicatioDl' and the payment III a clelenDiDatiOD or applicalion <Xlmplct/:1lCSS. By; By: CITY OF ASPEN Chris BoadoD CommuniI)' DeveJop......t Director *~l."'OS.oo- I^'G....II~ ~,,"ZO !'l-.w...,....c.- Frr f'roJ'C> JI 3!.aS E:'U.1~1"'~ !Z\OIII\W 1"'1:.1;:, lIl\wppol1lforms\aJ:tp;o.y...doc 1/10191 RET~ FOR pi::~H1 fl;fCORD 2'd d90'21 so 20 ^O~ , . . . . . ! - )' , . ... "r~,,", -~_.----~............._--~'-,.,_._"._._~--_.--.._- ,-., '-, "., ;' ARCtI(T80Te .. ..G. "'.0. eo}!: ~608 ASPSN coa1012 Ph s7Q.S"" .36""1 F .70.644.8211 October 31, 2005 Aspen C4Jmmunity Development Department 130 South Galena Stm:! Aspen, CO 81611 South & Gibson Subdivision Admin. Growth Lot Split I hereby authorize Zone: 4 .Arcbitecls. LLC (234 East Hopkins our designated and authorized n:pn:sentlltive wilh respcct to submitttd 10 your office fur our ploperticslocated at 805 Sod 35-001 and 2737-073-35-(02). Zone 4 An:hitects, LLC is a Administrntivc Growtb Management Review: Detu:bcd sing! and Subdivision Exemption fur Lot Split, and any other incid LLC is also autborizcd to n:pn:sc:ut uS in meetings with City S City Council. c:nt Review and Exemption fur a Re: "". Aspen CO 81611) 10 ~ as land use applical:ion being A""""e (ParccI II) No. 2737-073- . 10 submit an application for family or duplex dwelliDg uniI$ reviews, Zone 4 A7r.hi......, boards, commiss.iOllS, and the Should you have any need 10 eoolaCl me during the coo= of our review, please do so through the offices of Zone 4 Arob.iteets. LLC. 'onP Spring Sueet, Suiu: 301 CO 81611 (970) 544-8336 ;:!'d "00 'so so a: ~oo PLANNER: PROJECT: REPRESENTATIVE: 1YPE OF APPUCATION: DESCRIPTION: __"W"~._.~_'" /".'. '" .". CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY DATE: 11.17/05 James Lindt, 429-2763 Sou1h and Gibson Lot Split and GMQS Review Dylan JoIms Lot Split, GMQS Review fur a Lot Created by a Lot Split The Applicant would like to reconfigure the lot hnlln<laries that wen: approved in the Sou1h and Gibson Subdivision in 2004, in order to dIaoge the locatioo of the proposed residenre.<l within the subdivision and to change the lot sizes and FAR allotted to each of the subdivision's two lots. Since the proposed ..Junw-< are significant and do not relate to tP.dmica1 or ~ coosideratioos, a lot line lIlljustment cannot be process<xl However, the Applicant will not have to apply through the full subdivision process. The Applicant can ask City Council to vacate the previous subdivision approval that was not acted upoo and apply fur a Subdivision Exemptia1 fur a Lot Split. The lot was previously divided through the full subdivision process lJecll...,,, there was a requireanmt in the Growth Managemmt section of the land use code that did not allow fur properties outside of the original townsite to be approved fur a lot split Land Use Code .........m.v.m. that were recently adopted by City Council clIaDged the abovemeuIioned requireanmt so that lot splits can now be proc [sse d outside of the original townsite. Staff would 5l~ that the Applicant apply to combine the reviews of the growth Dlll1I3gliIIIfI review and the lot split pursuant to Land Use Code Sectioo 26.304(BX1), Combined Reviews. Land Use Code Section(s) 26.304 Common Development Review Procec:lul1lS 26.470.040(8)(1) Admin. Growth Management Review: Detached singJe-family or duplex dwelling units. Subdivision Exemption for Lot Split Off-Street Par1dng Park Development Impact Fee School Lands Dedication Medium-Oensity Residential (R-6) Zone District 26.480.03O(A)(2) 26.515 26.610 26.630 26.710.040 Review by: Public Hearing: Planning Fees: Referral Fees: Total Deposit: Staff fur complete application. Referral agencies fur technical considerations. City Council fur final determination. Yes at City Council 200 Felll1ing of Ordinance. $1,320 Deposit fur 12 hours ofstafftime (additional staff time required is billed at $220 per hour) Engineering ($365) $1,685 Total Number of Application Copies: Lot Split: 20 Copies with ] ]" x ] T' plan copies and 2 Copies of 24" x 36" plans. To apply, submit the following infonnation: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. ""' - -'--"~--'"-~-""'--"---"..-- 3. 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 a11 mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Deve10pment Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Completed Dimensional Requirements Form. 7. Pre-application Conference Summary. 8. An 8 112" x]]" vicinity map locating the subject parcels within the City of Aspen. 9. Proof of ownersbip. ] O. Existing and proposed site plan, landscaping plan, and parking plan. ] ]. A site improvement survey that includes a11 existing natural and man-made site features. ]2. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. ] 3. Draft lot split plat completed by a registered professional land surveyor that contains proposed lot boundaries and square footages. ]4. A written description of proposed construction techniques to be used. ] 5. All other materials required pursuant to the specific submittal requirements. ] 6. List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on mailing labels for a smail fee. 920.5453 ]7. Applications sha11 be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-prefelTed, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. Disclaimer: The foregoing ."mnu"y is advisoIy in nature only and is not binding on the Ci1y. The s"mmary is based on cmrent zoning. which is subject to change in the future, and upon factualleprcsentalions tbat may or may not be accurate. The summary does not create a legal or vested right. """'0, , ARCHITECTS L L o. P.O. BOX 2508 ASPEN CO 81612 Ph 970.544.3541 F 970.544.8211 November 7, 2005 Aspen Community Development Department 130 Sou1h Galena Street Aspen, CO 81611 To Whom It May Concern: This is an application requesting a combined Administrative Growth Management review and a Subdivision Exemption fur a Lot Split (per Land Use Code Section 26.304(8)(1)) fur the already created South and Gibson Subdivision. The ownership of the property bas changed bands, and the new owners wish to reconfigure the lots and re-alloeate how the lot area is distributed between the two lots. Regarding the Administrative Growth Management Review: Per the criteria fur approval, the applicant intends to comply with the regulations in place at the time of permitting for the final unit count and FAR's for the units to determine the appropriate type and level of mitigation required. Regarding the Subdivision Exemption for a Lot Split: The purpose of the lot split is to move the single-fiunily home site away from the intersection of South and Gibson. At the same time, after studying the effects of the setbacks, we would like to redistribute the lot areas in a different ratio than was previously approved so that the building site that is more conducive to a better home design (the triangnlar lot shape creates large areas that can not be built upon). This application does not seek to intensify the number of parcels in the subdivision, nor does is propose to change any of the conditions of the original subdivision approval. The development is capped at three dwellings units per the initial subdivision approval and the criterion fur Lot Splits. Access to the all of the dwellings will still be provided with a single curb cut off of either Gibson or South Ave per the current approval. A more specific breakdown of the specifics of the current and proposed lot sizes follows. The original subdivision was approved on June 28, 2004. The two parce1s have Lot Areas of 6,859SF (Lot 1) and l5,079SF (Lot 2), with the smaller, single fiunily, lot located on the western point of the main lot at the intersection of South and Gibson Street. The larger duplex lot runs north/south alongside the trailer park fence line. Per Resolution No. 71, Series of 1995, there is a parcel ofland granted to the city, koown as "Parcel B", that continues to grant development rights ~" ~. " J .... ,,<i' to the main parcel even though it is not be included as lot area for the original parcel. In the initial subdivision application it was determined that the Lot Areas to calculate FAR would be 7,184 SF (Lot 1) and 15,694 (Lot 2), due to the confignration of the lot lines. This application seeks to create lots that will contain approximately 9,787 SF (Lot 2) and 12,151 SF (Lot 1), with the smaller, single fiunily, lot in the Southeast comer and the larger duplex lot running along South Ave from the intersection to the trailer park. As both lots are no longer contignous to "Parcel B", Lot 1 will be then be the sole recipient of the "Parcel 0" lot area for the purposes of calculating FAR on that parcel, which would have an FAR calculate-able area of 13,095 SF. There will be no allocation to the reconfignred Lot 2 since it completely separated from "Parcel 0" by Lot 1. After some preliminary studies, we believe two of the of the major benefits of the revised lot configuration are moving the single-fiunily home site from the intersection away (which reduces the allowable FAR at that end of the site) and improving access to the units from the street and within the subdivision itself. The residence units will most likely be constructed utilizing timber framed wa1ls and poured in place foundation walls. Aooroval Criteria 26.470.040 (B)(1) Admin. Growth Managonent Review: Detached singk-family or duplex dwelling "nits. 1. Detached single-family or duplex dwelling units. The replacement after demolition of an existing single-family dwelling into multiple detached residential units or a duplex dwelling regardless of when the lot was subdivided or legally described: the redevelopment or conversion of an existing single-family dwelling into multiple detached residential units or a duplex dwelling (or vice-versa) regardless of when the lot was subdivided or legally described; or, the new development of a single-family or multiple detached residential units or a duplex dwelling on a lot h/at was subdivided or was a legally described parcel prior to November 14, 1977, that complies with the provisions of Section 26. 480.020(F), Aspen Townsite Lots, or on a lot created by a lot split, pursuant to Section 26.480. 06()ll;'). shall be approved if all the following standards are met. These units shall not be deducted from the respective Annual Development Allotments or Development Ceiling Levels established pursuant to Section 26.470.030. SinPle Famil". In order to qualifY for a single-family approval, the applicant shall have five (5) options: a) Providing and above grade. detached Accessory Dwelling Unit (ADU) or a Carriage House pursuant to Section 26.520, Accessory Dwelling Units and Ca"aige Houses; or, b) Providing and Accessory Dwelling Unit, or a Carriage House, authorized through Special Review to be attached and/or partly or fully subgrade, pursuant to Section 26.520; or, c) Providing an off-site Affordable Housing Unit within the Aspen Infill Area accepted by the AspenlPitkin County Housing Authority and deed restricted in acrordance with the AspenlPitkin County Housing Authority Guidelines, as amended; or, .-.. _.._....,""-~--,,...~.~---_.._._.._.,~-~..~. /"'" ,"./ , , d) Paying the applicable affordable Jwusing impact fee pursuont to the AspenlPitkin County HOlISing Authority Guidelines, as amended; or, e) Recording a resident-occupancy (RO) deed restriction on the the single- family dwelling unit being constructed Duolex. In order to qualifY for a duplex approval, the applicant shall have six (6) options: a) Providing one freee market dwelling unit and one deed restricted Resident- Occupied (RO) dwelling unit with a minimum floor area of one thousand five hundred (1,500) squarefeet; or, b) Providing either two above grade, detached Accessory Dwelling Units or Carraige HOlISes (or one of each), or one above grade, detached ADU or Carriage HOlISe with a minimum floor area of six hundred (600) net livable square feet, pursuant to Section 26.520; or, c) Providing either two Accessory Dwelling Units or Carriage HOlISes (or one of each) or one ADU or Carriage HOlISe with a minimum of 600 net livable square feet authorized through Special Review to be attached and/or partially or .fUlly subgrade, pursuant to Section 26.520; or, d) Providing an off-site Affordable Housing Unit within the Aspen Infill Area accepted by the AspenlPitkin County Housing Autharity and deed restricted in accordance with the AspenlPitkin County HOlISing Authority Guidelines, as amended; or, e) Providing two deed restricted Resident-Occupied (RO) dwelling Units; or, f) Paying the applicable affordable Jwusing impact fee pursuant to the AspenlPitkin County HOlISing Authority Guidelines, as amended. At this stage, it is envisioned that once the mitigation credit for the existing structures have been applied to the new allowable FAR's, any required additional affordable housing mitigation will most likely be met through cash-in-lieu or the provision of an ADU or both. This n:quirement will be met for both the single-fiunily residence and the duplex as required. 26.480. 030 (A)(2) Subdivision Exemptions for a Lot Split. The split of a lot for the purpose of the development of one detached single-family dwelling on a lot fOrmed by a lot split granted subsequent to November 14, 1977, where all ofthefollowing 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. This restriction shall not apply to properties listed on the Aspen Inventory of Historic Landmark Sites and Structures. 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 26.470.070(B). c. The lot under consideration or any part thereof, was not previOllSly the subject of a SlIbdivision exemption under the provisions of this Chapter or a "lot split" exemption pursuant to Section 26.470.040 (C)(1)(a) < ....''___-_.---.....m~.___."__~ /~" --, "'--.,/ , , d. A subdivision plat which meets the terms of this Chapter, and conforms to the requirements of the Title, is submitted and recorded in the office of the Pitfdn County Clerk and Recorder after approva~ indicating that no fUrther subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant ta this Chapter and growth management allocation pursuant to Chapter 26.470. ' e. The subdivision eremption 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 (J 80) 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. r. 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. 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. A. This property was subdivided for the first time in June 2004, and this criterion does not apply B. Two lots are created by the lot split, and both lots conform to the underlying zoning at the time of application. C. This lot bas not been part of a subdivision exemption or "lot split" exemption application or granting of any exemptions. D. After approval is granted, a plat shall be recorded and shall also indicate that no further subdivision may be granted for the lots nor will additional units be built without the receipt of applicable approvals pursuant to Chapter 26.480 and growth management allocation pursuant to Chapter 26.470. E. The plat shall be recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days following the approval by the City Council. F. There is an existing single-fiunily dwelling that occupies the site, and mayor may not be demolished prior to application for the lot split. G. The intended build out for the two parcels are a single-fiunily residence and a duplex. 26.515 Off-Street Parking Off-street parking fur each of the residences will be provided by a two car garage for each of the dwelling units, and accessed by a shared driveway due to the requirement to only allow one curb cut to service all units in the subdivision. If an ADU is built on site, there shall be one parking space per unit as required by Section 26.515.030 that will be a surface parking space. 26.610 Park Development Impad Fee 26.630 School Londs Dediclltion The Park Development Impact Fee shall be calculated and paid at the issuance of building permit based on the unit count and fee schedule at the time of issuance. The School Lands Dedications will need to be paid-in-lieu, as the lot size is too small to consider a granting of land. As the residences have not been designed, the calculation can not be completed at this time. The Applicant agrees to make the required payments prior to and on a proportional basis with the ,... '.'",- "'".~.", issuance of building permits for the project. Payments will be based on the applicable formula in effect at the time of building permit issuance for each residence. 26. 710.40 MedUl_Density Residential (R-6) Zone District The new lots will be in conformance with the applicable zoning requirements for the R-6 zone district. These residences will also be required to comply with the Residential Design StandaIds per section 26.410, and it is the intent of the applicant to meet these standards and/or request the appropriate variances. Thank you, Dylan M. Johns, Principal Zone 4 Architects, LLC. c x Z I- 0 I-Ca ~ ct iii i ~ oJ - 0 ..J 0..> D.o - XU >-o!!:l->= III m XliiI- >::J ~ Id Z II:: ~ X :J ::J 0 ~B m z .0 Z I- C I:' I- 2 zUJz~!:: 1.1 !!! Q ~ D. 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Policy or Policies To Be Issued: Order Number: 44126-C4 (X) ALTA (1992) Owner's Policy ( ) Standard (X ) Extended Amount: Premium: $4,595,000.00 $5,302.00 oposed Insured: Centurion Partners GS, LLC, a Delaware limited liability company (X) AL T A 1992 Loan Policy ( ) Standard (X) Extended Amount: Premium: $2,986,750.00 $100.00 Proposed Insured: Alpine Bank, its successors and/or assigns 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the estate or interest in said land is at the effective date hereof vested in: Gibson Avenue, LLC, a Colorado limited liability company S. The land referred to in this Commitment is described as follows. Lots I and 2, SOUTH & GIBSON SUBDIVISION, according to the Final Plat thereof recorded February 7, 2005 in Plat Book 72 at Page 12 as Reception No. 506797. County of Pitkin, State of Colorado. Statement of Charges Policy premiums shown above, and any charges shown below are due and payable before a policy can be issued. Examiner Name: Tom Twitchell Reissue Rate Tax Certificate Form 110.1 (Owners) Form 100 Form 8.1 Form 110.1 (Lender) $ 20.00 $ 150.00 $ 50.00 $ 50.00 $ 75.00 Gi1Y OF ASPEN WAETT PAID (;}ATi AEP rIg/,) e ........ OITY OF ASPEN HRcrr PAID DATE REP NO. 1181 f)'5 (! ;;l If'< it, ~ r::J r--. r:Jii 1"17 p~~" Illtl r ! r,Ji ~ : L i'J~!I1 .~: '"'-:,'" r, "f,m: ~:l I Ii: S::.:?, 2, \ j LuuJ Jl U&CJ0 G,ruT~ M.........._...._........ c.......Q;......---- '\ '\ '" \ . ",..'..... NO. ;2. '1 i8'b Name: Address: Centurion Partners GS, LLC c/o John Sarpa 300 South Spring Street Aspen, CO 81611 111111111111111I111111 :;:~~~;! ~4: 0E SILVIA ORVIS PITKIN COUNTY CO R 11.00 0 459.50 45'1. ~o Df WHEN RECORDED RETURN TO: WARRANTY DEED THIS DEED, made this 8th day of September, 2005, between Gibson Avenue LLC a Colorado Limited Li~bility Company of the said County of Pitkin and State of Colorado: grant~r, and Centurion Partners GS, LLC, a Delaware Limited Liability Company whose legal address is c/o John Sarpa, 300 South Spring Street, Aspen, CO 81611 of the said County of Pitkin and State of Colorado, grantee: WITNESSETH, that the grantor, for and in consideration of the sum of Ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the said County of Pitkin and State of Colorado described as follows: Lots 1 and 2, SOUTH & GIBSON SUBDIVISION, according to the Pinal Plat thereof recorded February 7, 2005 in Plat Book 72 at Page 12 as Reception No. 506797. County of Pitkin, State of Colorado. also known by street and number as: 805 Gibson St., Aspen, CO 81611 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for hims~lf, his heirs, and personal representatives, does covenant, grant, bargam, and agree to and WIth the File Number: 44126-C4 Stewart Title of Aspen, Inc. Warranty Deed ~ Photographic Record (Extended) Page I ofl 514519 TR~NSFER DECL~R~TION RECEIVED 09/08/2005 jl.l.IIJ~111 ~+1rJ ~.: R II. 00,~p 4~~. ~~ grantee. his heirs and assigns. that at the time of the ensealing and delivery of these presents. he is well seized of the premises above conveyed. has good, sure, perfect. absolute and indefeasible estate of inheritance. in law, in fee simple, and has good right. full power and lawful authority to grant. bargain, sell and convey the same in manner and form as aforesaid. and that the same are free and clear from all former and other grants. bargains, sales. liens. taxes. assessments. encwnbrances and restrictions of whatever kind or nature soever. eltcept The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee. his heirs and assigns. against all and every person or persons lawfully claiming the whole or any part thereof. The singular nwnber shall include the plural. the plural the singular, and the use of any gender shall be applicable to all genders. e grantor has eltecuted this deed on the date set forth above. r of Gibson Avenue. LLC. a Colorado Limited STATE OF Culu"alu F\...C~\ DA COUNTY OF llHIftn DA 1:>E The foregoing instrument was acknowledged before me this ~\rnU: " day of ~t.Pirn Bf. ~ "':11k . by By: William Boehringer. Managing Member of Gibson Avenue, LLC. a Colorado :; Limited Liability Company My commission expires No \J I ~~) O~ Witness my hand and official seal. Not~P~~~ 5. )0J~Ql~ ~1$~~~ OFFJ~IAl SII\L .: ~").) Madeletne S. - ,. .....~ '~ .,; 'fl D.D.# 373390 , .::.:.;...~.... ~ ~ Expires tbwIIJI'... 1.!~""'Pe~ i'H'...,200'i> ){J( File Number: 4412G.C4 Stewart Tille of Aspen. Inc. Warranty Oceo - PhotograDhic Record (Extended) Page 2 or2 ." ,1 p._,~ C''L l:'?'~ D }Q SlAt ~::l S. K-eIIy '" ;, ..~ ~ ~~'1:~= T "" --. ill 18,11I ~------" ....------ ~'\\\\~I~'ll~" ., !.~~~..,:.>\ '--'f:FlClAl ~Al ..~"'" . . ,. ,,"^ ;. .': I ,v..~. ...IM...... S I< ~':\' '; "; '.,. ,'-11I . 81'" '''" ..~ I' ) . 373390'~ ~"'~~ ~.,-.", 0' ,,-\..,, ;', ........' 1.tr'=:"<""'-~!8,2lX! Impression antibourrage et II sechage rapide Utlllsez Ie gabarit 51~ ' - - www.avery.com 1-8OO-Go-AVER' . \i\ AVERY@ 5160C!ll ALLEN DOUGLAS P 403 LACET LN ASPEN, CO 81611 : i , i ARTHUR STEPHEN F PO BOX 4871 ASPEN, CO 81612 BARNEY DESIREE H & SAMUEL T i 211 COTTONWOOD LN ASPEN, CO 81611 BOYLES BARBARA BROOKS LAURIA J BUDINGER PEYTON E REV TRUST PO BOX 192 112 MAPLE LN 728 E FRANCIS ST ASPEN, CO 81612 ;1 : ASPEN, CO 81611 ASPEN, CO 81611 ]1 " i i BURROWS ARTHUR & COLLEEN CENTENNIAL ASPEN COLLINS ji CAMPBELL BEVERLY ANNE A LIMITED PARTNERSHIP 410 N MILL ST#B-11 i 207 COTTONWOOD LN 0 ASPEN, CO 81611 'I ASPEN, CO 81611 ASPEN, CO 81611 :1 CITY OF ASPEN CLEAVER CHRISTIN CLARK COX ROBERT 130 S GALENA ST PO BOX 8993 112 MAPLE LN ASPEN, CO 81611 ASPEN, CO 81612 ASPEN, CO 81611 --- ------- ---------- CREEKSTONE ASPEN LLC CWG HOLDINGS LLC DANFORTH DAVID N 4545 POST OAK PL STE 100 15 WEST 63RD ST APT 29A Ii PO BOX 1863 HOUSTON, TX 77027 NEW YORK, NY 10023 ASPEN, CO 81612 ------ DAVIS SILVIA DRISKELL DOUGLAS FORDE CANDICE MARIE 509 RACE ST 200 COTTONWOOD LN 210 COTTONWOOD LN ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611 ---._----- I I GOLDSTEIN GERALD H & CHRISTINE S GONZALES STEVE I GREENWOOD GRETCHEN PO BOX 2045 . 105 MAPLE LN I 520 WALNUT ST ASPEN, CO 81612 ASPEN, CO 81611 I ASPEN, CO 81611 I III , , GRIFFITH PROPERTY LLC GRIFFITH PROPERTY LLC [I GUPTA BENJAMIN K 225 N MILL ST #8 709 N SPRUCE ST 5805 S 86TH CIR ASPEN, CO 81611 ASPEN, CO 81611 OMAHA, NE 68127 HARRIS DAVID G & MARGARET ANN 533 SPRUCE ST ASPEN, CO 81611 HAUENSTEIN WARD & ELIZABETH 535 SPRUCE ST ASPEN, CO 81611 HAUER MINEKO 202 COTTONWOOD LN ASPEN, CO 81611 JOHNSON ELIZABETH A 115 MAPI.E LN ASPEN, CO 81611 JUNG DENNIS PAUL & LISA KANE PO BOX 8351 ASPEN, CO 81612 KAUFMAN STEPHEN M TRUST 3 RIVERWAY STE 1350 HOUSTON, TX 77056 e09~S @.uBI\y ~ , A1I3I\"-Og-oos-~ , WO)o,{,aAI!"MMM - - 4II09~S llVldWll qpt.Ja^" asn 6u~ufJcl aal:I a6pnws pue wer .>--'-.:..... Impression antibourrage et a sechage rl'"....ide Utill.ez Ie gabarit 516041> ; KESSLER CHARLES D & DIANNE A 114 MAPLE LN ASPEN, CO 81611 LEBBY NICK C/O LA COCINA INC o ASPEN, CO 81612 MILLER TROY CHRISTIAN 213 COTTONWOOD LN ASPEN, CO 81611 ORTIZ MICHAEL 520 WALNUT ST ASPEN, CO 81611 PHILLIPS JOHN E & LYNN D 305 OAK LN ASPEN, CO 81611 RICHARDS WILLIAM J & JUDITH M PO BOX 2534 ASPEN, CO 81612 SOSNA DALlBOR & DOMINIKA PO BOX 3970 ASPEN, CO 81612 TAYLOR LAKE EQUITY VENTURE LLC 728 E FRANCIS ASPEN, CO 81611 VOLK RICHARD W FAMILY RESID TRUST 1/2 2400 SUGUSTA#340 HOUSTON, TX 77057 WALNUT PROPERTY LLC C/O CAMILLA AUGER o ASPEN, CO 81611 .. ------------- ...n<lL~ ......~;!IAV ~ - www.avery.com 1-8OO-Go-AVEIf - , KING CHRISTOPHER & DONNA ,I CLOUATE ,i PO BOX 3065 ASPEN, CO 81612 I MACK EDWARD E TRUST C/O LITTLER MENDELSON o CHICAGO, IL 60601 MORSE JAMES A TRUST 107 SINCLAIR DR MUSKEGON, MI 49441 PEEPERS HOLLOW LLC 728 E FRANCIS ST ASPEN, CO 81611 POWELL MARY FRANCES THORNE MICHAEL JEFFREY o ASPEN, CO 81611 ROSENFIELD DAVID BARRY & MARIA 3382 DEL MONTE DR HOUSTON, TX 77019 STONE PHYLLIS 108 MAPLE LN ASPEN, CO 81611 TUITE WILLIAM E 212 COTTONWOOD LN ASPEN, CO 81611 VOLK SUE J FAMILY RESID TRUST 1/2 " 2327 MIMOSA DR " HOUSTON, TX 70719 I II ,I WEISS DAVID S PO BOX 11911 ASPEN, CO 81612 , i , i I AlIaAy-og-oOIN WIXI..ueAlTMMM - - I' ~: I @ AVErrt@ 516041> , ' " LAWRENCE TERRY I' PO BOX 942 ,: PINE VALLEY, CA 91962 Ii ,I , I :i ,i MILLER LEE L ,: 11575 FOLSOM POINT 'I FRANKTOWN, CO 80116 II " OAKES KEN !, 204 COTTONWOOD LN " ASPEN, CO 81611 " :1 :, I, Ii ,I " , )1 , PETERSON ANNE BYARD ANNE PETERSON RICHARDS BYARD C/O o ASPEN, CO 81611-2112 RATHBUN W DON PO BOX 1573 ASPEN, CO 81612 SEYMOUR EUGENE H & JUDITH K 390 N SPRING ST ASPEN, CO 81611 STROBL MARIO J 110 MAPLE LN ASPEN, CO 81611 VAIL ROBERT 'I 3070AKLN II ASPEN, CO 81611 i'l , \1 ' :1 Ii Ii I WALDROP L MEL 209 COTTONWOOD LN ASPEN, CO 81611 WIENER WILLIAM B JR 333 TEXAS ST #2375 SHREVEPORT, LA 71101 4l>09~S ll\fldll\lll ~a^y asr 6ullUI'd a;u~ e6pnws pue we Impression antibourrage et a sechage rapide , Utlllset Ie g'abarit s,64)4D - www.avery.com 1-8OO-GQ-AVERY - YOUNG DENNIS & ANDREA PO BOX 133 ASPEN, CO 81612 i ZUPANCIS ROBERT L !! I PO BOX 11481 Ii .: ASPEN, CO 81612 i'i ,Ii ii , l r~ , Ii I: " I, i' " I' i Ii 'I ;i ii :: " 'I i, i i " Ii , " i 'I ,iil .~~5 @NSAY \!\ JJ131\V-09-008-~ wm-.tl8Al!"MMM - - ~ AVERV@ 5160Clll e09~5 ll\fldWll fiJl.JaAv asn 6upu..... aa.I~ a6pnw5 pue wer 111111111111111111111 b1~~;~~~:l ~I: 401 SILVIA DAVIS PITKIN COUNTY CO R 36.00 0 0.00 ORDI:/,!ANCE NO. !Q, (SERIES OF 2004) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION FOR THE SOUTH AND GIBSON SUBDIVISION, LOCATED AT 805 SOUTH AVENUE, LEGALLY DESCRIBED IN ATI' ACHED EXHIBIT 1, CITY OF ASPEN, PITKIN COUNTY, COLORADO. -""', "-' .."" ParcelID: 2737-073-00-031 WHEREAS, the Community Development Department received an application from Gibson Avenue LLC (c/o William Boehringer, Manager), represented by Haas Land Planning, LLC for Subdivision approval and Growth Management Quota System (GMQS) Exemptions to subdivide the existing lot into two lots for the development of up to three primary dwelling units in accordance with the City of Aspen Land Use Code; . and, WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering, Parks, Zoning and Water Departments as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposal for Subdivision and Growth Management Quota System (GMQS)-Exemptions and recommended approval with conditions; and, WHEREAS, pursuant to Section 26.480 of the Land Use Code, Subdivision approval may be granted by the City Council at a duly noticed public hearing after considering recommendations by the Planning and Zoning Commission, the Community Development Director, and relevant referral agencies; and, WHEREAS, pursuant to Section 26.470 of the Land Use Code, GMQS Exemption approval may be granted by the Community Development Director and, because the requested GMQS Exemption complied with the applicable review criteria, the Director granted such approval for up to three units on the two proposed lots; and, WHEREAS, the Subdivision review by the Planning and Zoning Commission requires a public hearing and this application was reviewed at a public hearing where the recommendations of the Community Development Director and comments from the public were heard; and, WHEREAS, during a regular meeting on April 20, 2004, the Planning and Zoning Commission opened a duly noticed public hearing to consider the project and where, by.a three to one (3-1) vote, recommended City Council approve the Subdivision, with the findings and conditions listed hereinafter; and, ."..... '........ ""^,''''-" 1111111111111111 ~IIII ~~;~~:;1 ~1: 401 SILVlr=I Dr=lVIS PITKIN COUNTY CO R 36.00 D 0.00 WHEREAS, the City of Aspen City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City of Aspen City Council reviewed and considered the development proposal at a public hearing on June 28, 2004 and approved this Ordinance (on Second Reading) for Subdivision; and, WHEREAS, the City of Aspen City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE BE IT RESOLVED BY THE ASPEN CITY COUNCIL THAT: Section 1: The South and Gibson Subdivision is hereby approved, subject to the following conditions: 1. Prior to issuance of a building permit for either new lot: a. Park Dedication fees shall be paid for any additional bedrooms that are added above and beyond what currently exists on the site, as determined by the City Zoning Officer. b. Cash in lieu of school land dedication shall be paid. c. Mitigation shall be required in accordance with Section 26.470.070.B of the City of Aspen Land Use Code (if the applicant proposes to construct an accessory dwelling unit instead of paying the fee in lieu to satisfy this requirement, then the ADU shall be completed prior to issuance of a Certificate of Occupancy for the primary structure on that particular parcel). Documentation of the existing house's floor area must be submitted to the City Zoning Officer for review if a credit is to be used against any required payment of cash-in-lieu of an accessory dwelling unit (ADD). d. Any proposed new dwelling shall demonstrate compliance with the Residential Design Standards or any needed variances shall be obtained. e. An approved tree permit is required from the City Forester. An approved tree permit requires a proposed landscape plan identifying trees for removal and means of mitigation. f. An outdoor lighting plan for each residence shall be submitted. g. All tap fees, impacts fees, and building permit fees shall be paid. h. The private well for the existing house must be abandoned and a new municipal water service installed. 2. Prior to commencement of construction on either lot, a vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees ofF"" IIIIIIIIIIIIIIIII~ II 506211 ....... SILVIA DAVIS PITKIN COUNTY CO Page: 3 of 7 01/20/2005 01: 401 R 36.00 D 0.00 remanung on site. There shall be no excavation, no storage of construction materials, backfill, equipment, tools or construction traffic inside of the protective fence. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. Submission of a construction management plan, including designation of off-street construction parking, shall .be required prior to issuance of building permit. 3. The existing house need not be demolished to accommodate the newly created lot boundaries and the encroachments into the side yard setbacks may continue to exist for the life of the original structure only. Upon redevelopment, all structures on these two (2) lots shall comply with the R-6 Zone District provisions with respect to the newly created lot boundaries and setbacks. The requirements of this condition shall be noted on the subdivision plat and in the Subdivision Agreement. 4. A common driveway shall be required for access to the lots and only one (1) curb cut shall be allowed. The applicant may take access from either South Avenue or Gibson A venue; however, the driveway shall be placed as far as practicable from the South/Gibson Avenue intersection. A hammerhead driveway shall be constructed to allow cars to turnaround on-site and avoid backing onto the street. 5. The applicant shall construct a sidewalk, in compliance with City of Aspen Department of Engineering standards, for the entire portion of the property fronting Gibson Avenue. The applicant shall also construct a sidewalk partially along South Avenue to a point near the intersection of Gibson Avenue and South A venue that the City Engineer determines is sufficient to allow safe pedestrian passage to the sidewalk on the north side of South Avenue. Prior to recording of the final phit, the applicant shall also sign a sidewalk agreement agreeing to fund the construction of a sidewalk along the entire South Avenue frontage at such time as the City decides to undertake such construction. 6. The subdivision plat shall show an easement for utilities, roadway and future sidewalks. Instead of multiple easements, a single 'non-exclusive common easement' may be platted with appropriate plat notes. No structures or trees shall be placed in the easement without the permission of the City Engineer and applicable utilities. 7. Prior to the recordation of the subdivision plat, a design of the sidewalk and curb/gutterneeds to be submitted to tlJ.e City Engineer. (A sidewalk, curb and gutter design will allow the accurate depiction of the easement on the plat.) The curb location along Gibson Avenue will be dictated by the need for a 24-foot minimum street width. The design needs to include a site plan with adequate contours and spot elevations to demonstrate that gutter will have a 0.75% slope (minimum) towards a storm drain and show the extent of re-grading Gibson A venue The sidewalk, curb and gutter along both lots shall be installed as part of the next building permit for either Lot 1 or Lot 2, whichever comes first. No final 1111111111111 Iii :~~~:d ;"." SILVIR DAVIS PITKIN COUNTY CO R 36.00 0 0.00 inspection or Certificate of Occupancy will be given until the sidewalk, curb and gutter is installed. r~'" I....,- 8. No proposed structure or landscaping over 30 inches tall shall be installed in a sight triangle located 30 feet within the Gibson/South St intersection. This site triangle shall be noted on the plat. 9. A subdivision agreement and plat shall be recorded in the office of the Pitkin County Clerk and Recorder within 180 days following City Council approval. 10. All uses and construction shall comply with the City of Aspen Water System Standards, with Title 25, and applicable portions of Title 8 (Water Conservation and Plwnbing Advisory Code) of the Aspen Municipal Code as they pertain to utilities. . 11. There shall be no further subdivision of Lot 2, the 15,079 square foot lot. This restriction shall not apply to condominiumizing two single-family dwelling units or a duplex constructed on the lot. 12. The applicant. shall comply with Ordinance No. 25, Series of lQ94 regarding the handling of any contaminated soils within the former Smuggler Superfund Site prior to any excavation on and/or prior to the application for bnilding permits on both lots. All soils on Lots 1 and 2 shall be considered contaminated unless determined otherwise through testing that adheres to the protocols that were established by the Environmental Protection Agency pursuant to Ordinance No. 25, Series of 1994. If, pursuant to said testing protocols, the soils are found to be uncontaminated, the following requirements shall not apply. However, to the extent that any contaminants are discovered, the following requirements shall apply: a. All contaminated soils that are removed from the site shall be transported to the Pitkin County Landfill and disposed of at the Smuggler repository. Any disturbed soil or material that is to be temporarily stored above .ground or remain on site shall be securely contained on and covered with a non- permeable tarp or other protected barrier approved by the Environmental Health Department so as to prevent leaching of contaminated material onto or into the surface soil and to prevent windblown dust from disturbed dirt. b. The owner and general contractor of any development on Lots land 2 of the South and Gibson Subdivision shall submit a letter to the City of Aspen Environmental Health Department stating that they have read, understood, and will comply with the regulations for handling contaminated soils within the former Smuggler Superfund Site as set forth in Ordinance No. 25, Series of 1994 prior to any excavation and/or issuance of building permits for the property. . ,...~ "', 1111111111111111111 n ~~;~~:;1 ~1401 SILVIA DAVIS PITKIN COUNTY CO R 36.00 0 0.00 c. The owner shall complete a Soil Removal Permit and Affidavit for excavation prior to any excavation or disturbance of dirt and prior to any issuance of building permits for the properties. ...... 13. The applicant shall submit a dust suppression plan for approval by the City Environmental Health Department prior to any activity or development occurring on the site. All activity or development shall be accompanied by dust suppression measures such as the application of water or other soil surfactant to minimize the creation and release of dust and other particulates into the air. No dirt may be tracked onto paved roads without being immediately removed. 14. The applicant shall be required to test for soil contamination in the area where the previous owner stored an aboveground fuel tame If the soils in said area are found to be uncontaminated, there shall be no further requirements. However, to the extent that any contaminants are discovered, the requirements of condition #11 (a) and (c), above, shall apply and the applicant shall be. required to notifY the future owner of the tank's existence. Section 2: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City ... ~owc.pJthe City of Aspen on this 25th day of May , 2004. ..,' ...... ~ l c.; ". ." ! iA ST:". [ . ";'>"''';'.,~'T;: "~~'" , FINALLY, ADOPTED, PASSED, AND APPROVED this 28th day of June, 2004. l Helen Kalin Klanderud, Mayor ,"" . , ...-" ." .. APPROVED AS TO FORM: ~!1ad::. JoiuAvOrcester, City Attorney SILVIR ORVIS PITKIN COUNTY CO R 36.00 D 0.00 \, 1/ .--., ..', .f - "-' , . ,,'n ~: ", ALTA OWNER'S POLlCY .. EXHIB IT ."", I 111 ..... parcel of land situatca in the South one-half of Secrion 7, TOWTlship 10 South, Range 84 West of the Sixth Principal ~eridian, Pitkin Count-f, Colorado being more fully described as follows: Beginning at a point whence Corner 22 of Tract A, East Aspen Additional Townsite bears South 44' 35'50" .Ea't 3.91 feet; thence North 65003'32"" East IAS'feet; thence 5] .50 fcet along the arc of a non-laDsent curve to the left the radius of said curve being 741.97 feet. the chord of said Clm'e bears Soutb89' J 1'14'''' East 5].49 feet: thence North 84'23'24"" East 143.54 rect to a point on rho Northerly boundary of the Smuggler Mobile Home Park; thence Southeasterly along &aid boundary, South 37011'41 '" Wcst60.04 fect; thence North 4.08 feet; thence South 29'03'05'" West 102.32 feel; thencc North 6]'48'00"" West 7.00 feet to a point on the Easterly boundary of Parcel No. I as described in instrument recorded in Book 488 at Page 205, Pitkin County records; thence South 29'34'00'" West 108.00 feet along said Ea.,terly boundary to the Northeasterly boundary of Gib.on Ave. as constructed and in place; thence 165.06 feet along the arc ofa curve to the ,.eft having a radius of 940.00 fect, the cbord of said curve bears North 20'30'55"" West 164.85 fccl; thence 37.34 rcct along the arc ofa cwve to the right, the radius ofsa;d eurve being 220.00 feet, (the long chord is North 11 '54'45'" WeSt 37.29 reet; thence 19.40 feet along thc arc of a curve to the right, the radius ofsaid curve being 37.60 feet, (the long chord North 30'45'31"" Ea5tI9.]9 feet 10 the Poil1t of Beginning. - ' ~ III ilD II III COUNTY OF p~, STATE OF COLORADO. 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'j ~t ~ l'"rJ:~ , fl';;:." ~"I ,',~~ . , Ig, ,., Il~~~ .., "~i~ ~~ ", ,- " --'" RESOLUTION NO. 'i I Series of 1995 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A SETTLEMENT STIPULATION IN THE MATTER OF STANLEY E. LAURISKI. ET AL. V RUTH C BISEL. ET AL., CIVIL ACTION NO. 93 CV 259-3, IN THE DISTRICT COURT OF PITKIN COUNTY ,'COLORADO, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID SETTLEMENT STIPULATION ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has peen submitted to the City Council a Settlement Stipulation in the matter of Stanley E. Lauriski. et al. v Ruth C. Bisel. et al., civil Action No. 93 CV 259-3, District Court for Pitkin county, 'Colorado, a true and accurate copy of . which, is attached hereto as Exhibit, "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO : j, t I I ( I I J t I That the City Council of tqe city of Aspen hereby approves that Settlement Stipulation, and does hereby authorize the City Manager to execute said agreement on.behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED ;?3n1 day of by the city Council ~ of the City , 1995. of Aspen on the '>, QL 13--..- /1(" ..... John S. Bennett, Ma~or I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by, the City Council of the City of Aspen, Colorado, at a meeting held on'the day hereinabove stated. ,I S. Koch, City Clerk lauriski.res ,..., "-") "", .. " "'- ...,.,j#I DISTRICT COURT, COUNTY OF PITKIN, STATE OF f;.~LORAb! f}:'J.!!. - 95 Case No. 93 CV 259-3 .-~- --..-~- SETTLEMENT STIPULATION ~ "PJ:/.ll~ .- I STANLEY E. LAURISKI, a/k/a STANLEY E. LAURESKI, AND ROSE MARIE LAURISKI, a/k/a ROSE MARIE LAURESKI, Plaintiffs, v. RUTH C. BISEL; RUTH BISEL; WILLIAM H. LOUGHRAN; CITY OF ASPEN, COLORADO; COUNTY OF PITKIN, COLORADO; and all unknown persons who claim any interest in the subject matter of this action, Defendants. Plaintiffs, stanley E. Lauriski, a/k/a Stanley E. Laureski, and. Rose Marie Lauriski, a/k/a Rose Marie Laureski; and defendant, the City of Aspen, a municipal corporation, inclUding John Bennett and his successors in office, as Mayor of the city of Aspen, and defendant, the county of Pitkin, Colorado, hereby stipulate' as follows: WHEREAS, the parties hereto comprise and constitute all of the known parties to this action; and WHEREAS, the city of Aspen, asserts ownership of a portion of the real property described in the complaint; and WHEREAS, the city of Aspen and the County of Pitkin, are satisfied that Plaintiffs have a valid claim of ownerShip of a portion of the reaL property described in the complaint, by reason of previous deeds of conveyance and adverse possession for a period in excess of eighteen (18) years pursuant to section 38-41-101(1) of the Colorado Revised statutes; and WHEREAS, the parties hereto mutually desire to settle this action in the manner hereinafter set forth, and such settlement has been approved and authorized by resolution of the city Council of the city of Aspen, Colorado, at a meeting thereof duly called and held onCcrIlBE:1': ~3 , 1995, and the Board of county Commissioners of Pitkin County, Colorado, at a meeting thereof duly called and held on ~<-b:I\II~tO'C I\"'" ,1995. i o. NOW, THEREFORE, plaintiffs, Stanley E. Lauriski, a/k/a stanley E. Laureski, and Rose Marie Lauriski, a/k/a Rose Marie Laureski, t' I.'. . . . r I I f I r I ~ I I I I I I I r r ....'-. ~."'" '..,J' ,<<-,;# and defendants, the City of Aspen and the County of pitkin, by their respective attorneys, stipulate and agree as follows: 1. The title to the real property described in the attached .Exhibit A, which property is a part of the property described in the complaint, may be quieted in plaintiffs, Stanley E. Lauriski, a/k/a 'Stanley E. Laureski, and Rose Marie Lauriski, a/k/a Rose Marie Laureski. , . 2. For purposes of any future application by plaintiffs or their successors for a development order, as defined in section 3- 101 of Chapter 24 of the Municipal Code of the city of Aspen as such section exists at the time of this stipulation and as may be amended in the future, the property described in Exhibit A shall be deemed to have an area of 22,882 square feet. . 3. Ti tle to the real property described in the attached Exhibit B, which property is a part of the property described in the complaint, may be quieted in the city of Aspen subject to the non-exclusive reserved right of plaintiffs, stanley E. Lauriski, a/k/a stanley E. Laureski, and Rose Marie Lauriski, a/k/a Rose Marie Laureski, and their successors in interest, to use, occupy, and enjoy said property except to the extent that the City of Aspen shall undertake construction of a public roadway, sidewalk, underground utilities or underground drainage facilities or other public improvements. 4. Ti tle to the real property described in the attached Exhibit C, which property is a part of the property described in the complaint, may be quieted in the city of Aspen. 5. All parties hereto shall bear their own costs, expenses, and attorneys' fees in this action. 6. Pursuant to the foregoing, a decree quieting title in the form.attached hereto as Exhibit D may be entered by the Court. Dated this 7D Ttt day of \)C6t(1C\ t7~ , 1995. TADDUNE & GUEST THE CITY OF ASPEN -Q~ - Paul J. T;;dd'une, #10824 323 West Main street Aspen, Colorado 81611 (970) 925-9190 ~p~ It/t{1C Jo . cester, #20b1 130 South Galena Street Aspen, Colorado 81611 (970) 920-5055 Attorneys for Plaintiffs Attorney for city of Aspen ,.... "") ~1~~ San ra . stul er, #0509 106 South Mill street, #202 Aspen, Colorado 81611 (970) 920-1018 <",',,", ......"ItI. ~ ') - Johh M. El1, 067 Attorne r the County of pitkin 530 E;' Main Street Aspen, Colorado 81611 (970) 920-5190 .....,,..-'c ..-...-.~ ,. .. ,.,' , I I I I I I t I I I I I I I f f EXHIBIT A A parcel of land situated in the South one-half of section 7, Township 10 South, Range 84 ~est of the sixth Principal Meridian, pitkin County, colorado, being more fully described as follows: Beginning at a point whence corner 22 of Tract A, East Aspen Additional Townsite bears South 44 Degrees 35 Minutes 50 Seconds East 3.91 feet; . thence North 65 Degrees 03 Minutes 32 Seconds East, 7.45 feet; thence 51.50 feet along the arc of a non-tangent curve to the left, the radius of said curve being 741. 97 feet, the chord of said curve bears South 89 Degrees 11 Minutes 14 Seconds East, 51. 49 feet; thence North 84 Degrees 23 Minutes 24 Seconds East, 143.54 feet to a point on the northerly Boundary of the Smuggler Mobile Home Park; thence southeasterly along said Boundary, South 37 Degrees 11 Minutes 41 Seconds West, 60.04 feet; thence NORTH, 4.08 feet; thence South 29 Degrees 03 Minutes 05 Seconds West, 102.32 feet; thence North 61 Degrees 48 Minutes 00 Seconds West, 7.00 feet to a point on the easterly Boundary of Parcel No.1, as described in the instrument recorded in Book 488 at Page 205, Pitkin County Records; thence South 29 Degrees 34 Minutes 00 Seconds West, 108.00 feet along said easterly Boundary to the northeasterly Boundary of Gibson Ave. as constructed and in place; thence 165.06 feet along the arc of a curve to the left having a radius of 940.00 feet, .the chord of said curve bears North 20 Degrees 30 Minutes 55 Seconds West, 164.85 feet; thence 37.34 feet along the arc of a curve to the right, the radius of said curve being 220.00 feet, (the long chord is North 11 Degrees 54 Minutes 45 Seconds West, 37.29 feet;. thence 19.40 feet along the arc of a curve to the right, the radius of said curve being 37.60 feet, (the long chord North 30 Degrees 45 Minutes 32 Seconds East, 19.19 feet to the Point of Beginning. The description describes a Parcel of 21,937.92 square feet more or less. , . ,....... "",. ".,..... P""", "-' ""' "0.-,," EXHIBIT B A parcel of land situated in section 7, Township 10 South, Range 84 West of the sixth Princ~pal Meridian, city of Aspen, Pitkin County, Colorado and being more fully" described as follows: Commencing at Corner 22 of Tract "A", East Aspen Additional Townsite; thence North 52 Degrees 49 Minutes 43 Seconds East, 17.40 feet to a point on the back surface of the existing concrete curb and gut~er as constructed and in place on the southerly side of South Avenue, the TRUE POINT OF BEGINNING; thence southeasterly along said back surface of the curb and gutter the following 6 courses; southeasterly 41.54 feet along a non-tangential. curve to the left, the radius of said curve being 736.97 feet, (the Long chord is South 89 Degrees 33 Minutes 40 Seconds East, 41.54 feet); thence North 85 Degrees. 06 Minutes 12 Seconds East, 32.91 feet; thence North 83 Degrees 50 Minutes 43 Seconds East, 42.91 feet; thence North 84 Degrees 21 Minutes 51 Seconds East, 36.77 feet; thence North 84 Degrees 26 Minutes 36 Seconds East, 28.50 feet; thence North 82 Degrees 46 Minutes 45 Seconds East, 6.85 feet to a point on the northwesterly boundary of the Smuggler Mobile Home Park; thence along said Smuggler Mobile Home Park boundary South 37 Degrees 11 Minutes 4i Seconds West, 7.03 feet; thence South 84 Degrees 23 Minutes 24 Seconds West, 143.54 feet to the .beginning of a curve; thence 51.50 feet northwesterly along a curve to the right, the radius of said curve being 741.97 feet, (the long chord is North 89 Degrees 11 Minutes 14 Seconds West, 51.49 feet); thence North 65 Degrees 03 Minutes 32 Seconds East, 10.87 feet to the TRUE POINT OF BEGINNING. The 'description describ~s a parcel of 943.466 square feet more or less. ~/"., '"-~~ EXHIBtT C A parcel of land situated in section 7, Township 10 South, Range 84 West of the sixth Principal Meridian, city of Aspen, Pitkin County, Colorado and being more fully described as. follows: commencing at Corner 22 of Tract "A", East Additional Townsite; thence North 52 Degrees 49 Minutes 43 Seconds East, 17.40 feet to a point on the back surface of the existing concrete curb and gutter as constructed and in place on the southerly side of South Avenue, the TRUE POINT OF BEGINNING; thence North 65 Degrees 03 Minutes 32 Seconds East, 22.09 feet; thence North 84 Degrees 20 Minutes 00 Seconds East, 179.22 feet; thence South 37 Degrees 11 Minutes 41 Seconds West, 15.93 feet to a point on the back surface of the existing concrete curb and gutter as constructed and in place on the southerly side of South Avenue; thence southwesterly along said curb and gutter back surface the fOllowing 6 courses; South 82 Degrees 46 Minutes 45 Seconds West, 6.85 feet; . South 84 Degrees 26 Minutes 36 Seconds West, 28.50 feet; South 84 Degrees 21 Minutes 51 Seconds West, 36.77 feet; South 83 Degrees 50 Minutes 43 Seconds West, 42.91 feet; South 85 Degrees 06 Minutes 12 Seconds West, 32.91 feet to the beginning of a curve; thence 41.54 feet northwesterly along a curve to the right, the radius of said curve being 736.97 feet, (the long chord is North 89 Degrees 33 Minutes 40 Seconds West, 41.54 feet), curve terminating at the TRUE POINT OF BEGINNING. The description describes a parcel of 2,145.30 square feet more or less. ,....... .~ ,.# \\ :. jIIJ ~"".'.;~ ~Nl '';D '" . , ii.. ~ " on " c CI CI ,. PI 'I . . . , . '. o 0, . "'" .to + G \ \ 1},.r, '\ . r. I " .. o. i . " :t: o. 00 , '0 0, . " o .. ;: ... . . . . o " ,; ", o nn~'" 2~ ,....... .= .. "o...u c..., . .......... "'~ ~~~~~D'- ..0........ !i.. "I'" ... J' . " . N It"... '7:.... ;.~~ . ~.. ..;....0.0. . 'J ., N .J .. . :0 " ;; " " "0 z o z . ~ . t . 0 <of _.. . ;- -; o . ." 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