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MILLER SUBDIVISION EXEMPTIC
LOTS M-Q, BLOCK 35
E
SEI
RE
L.S
PO. Box 1730
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Aspen , Colorado 8161
303.925-2688
S T R E E T
SURVEYED: 9MAY 1979 RK
f1RAFTFI): I I MAY 1979 DMA
REVISIONS:
i
M
0 5 10 20 30 40 50 FT.
SCALE: I° - 10,
BASIS OF BEARING: FOUND CITY MONUMENT SE COR. BLK.35
TO A FQUNQ REBAR W/ PLAS. CAP L.S.12707 NE COR. LOT S
N14050 49' E
aURVEYOR'S_CERTIFICATE,
I HEREBY THAT THIS MAP ACCURATELY DEPICTS A SURVEY
MADE UNDER MY SUPERVISION ON MAY 9,1979, OF LOTS M-Q ,
BLOCK 35,CITY OF ASPEN,COLORADO.
ALPINE SURVEYS by MES F RESER
MAY 14 , 1979 �L' S. 9184
TITLE: BUILDING PERMIT SURVEY JOB NO.: 79-59
CLIENT; MILLER
i nTc KA_n RI r)r V -2,ri
CITY OF ASPEN, COLORADO
SHEET NO.: I of I
Recorded 1:33 PM Oc& 1979 Reception
" 1-070 Loretta Banner Recorder
BOOK 3 18 PAU 292
SIDEWALK IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this_-�O+kl day
of September, 1979, by and between MONTE M. MILLER and CAROYLN W.
MILLER (hereinafter referred to as the "Owners") and the CITY
OF ASPEN, COLORADO, a municipal corporation (hereinafter
referred to as the "City"):
""fl'r MIA T C1
A. The Owners submitted an application, dated June
21, 1979, to the City for subdivision exemption in connection
with the proposed split of Lots M, N, 0, P and Q, Block 35,
City and Townsite of Aspen, into two separate parcels composed
of Lots M, N and O and Lots P and Q, respectively.
B. The City has fully considered such Application
for Subdivision Exemption and City Council has granted
approval of such Application conditioned upon the Owner's
agreement to make adequate provision for future sidewalk
improvements.
C. The Owners are willing to accept such conditions
and to enter into this Agreement with the City to provide for
the same.
NOW, THERFFORE, in consideration of the mutual
covenants herein contained, the parties hereto stipulate and
agree as follows:
1. The Owners for themselves, their successors,
grantees and assigns, hereby covenant and agree that in the
event the City undertakes sidewalk improvements on Lots M, N,
0, P, or Q without the formation of a special improvement
district, they or their grantees, successors or assigns will
pay the actual cost of any such sidewalk improvements on
such property. Any payment required hereunder shall be made
MOK 378 PAGE 293
to the City within ninety (90) days after completion of the
sidewalk improvements and on receipt of written notice and
demand for such payment.
2. The parties agree that the bonding and escrow
procedures provided for in Section 20-16 of the Municipal Code
of the City of Aspen, Colorado, are not necessary to enforce
the provisions of this Agreement and such bonding and escrow
procedures are hereby waived by the City.
3. The covenants and agreements of the Owners
herein shall be deemed covenants that run with the land, shall
burden the land, and shall bind and be specifically enforceable
against the Owners, their successors in interest, grantees
and assigns. To apprise successors in interest of these
obligations, the Owners will cause this Agreement to be recorded
in the real property records of Pitkin County, Colorado.
4. Upon execution of this agreement by all parties
hereto, the City agrees to permit the Owners to split Lots M, N,
0, P and Q, Block 35, City and Townsite of Aspen into two
separate parcels composed of Lots M, N and 0 and Lots P and Q,
respectively.
ATTEST:
SheryC/Simmen
Deputy City Clerk
MONTE M. MILLER
CAROLYN W. MILLER
CITY OF ASPEN, COLORADO
By
Herman Edel, Mayor
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41
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Richard Grice, Planning Office
RE: Miller Subdivision Exemption
DATE: August 16, 1979
The attached application requests subdivision exemption in order to split
five lots in the original Aspen Townsite into two separate parcels. At the
present time the five lots are improved with one single family residence. If
the subdivision exemption is approved, lots M, N and 0 would become a separate
parcel containing the existing single family residence and lots P and Q would
then be available for the construction of an additional single family residence.
This application qualifies for an exemption from the Growth Management Quota
System under Section 24-10.2(d). That section states that, "The construction of
one single family residence on a lot subdivided after the effective date of this
article where the following conditions are met:
1. The tract of land which was subdivided had a pre-existing dwelling.
2. No more than two lots were created by the subdivision."
The application was referred to the City Engineering Department which has
recommended approval of the exemption application subject to a sidewalk improve-
ment agreement being signed with the City of Aspen. The Engineering Department's
complete comments are attached for your review.
Ron Stock has reviewed the application and recommends your approval of the
subdivision exemption. At this time the Planning Office recommends you approve
the subdivision exemption subject to the condition that the applicant prepare and
record a subdivision exemption agreement which would include a commitment to
sidewalk improvement and a restriction that development of lots P and Q will be
-Tim ited to a single family residence.
CITY OF ASPEN
130 s th galena street
aspen ;colorado 81611
MEMORANDUM
DATE: August 7, 1979
TO: Richard Z:::3�
FROM: Ron St
RE: Miller Subdivision Exemption
I recommend approval of the above subdivision exemption.
RWS:mc
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0
MEMORANDU1,11
TO: RICHARD GRICE, PLANNING OFFICE
FROM: LOUIS BUETTNER, ENGINEERING
DATE: JULY 3, 1979
RE: MILLER SUBDIVISION EXEMPTION
AFTER REVIEW OF THIS APPLICATION FROM THE SUBMITTED MATERIAL AND
A VISIT TO THE PROPERTY, I HAVE THE FOLLOWING COMMENTS:
1) THE APPLICATION LETTER FROM OATES, AUSTIN, MCGRATH & JORDAN
LOCATES THE EXISTING RESIDENCE IMPROPERLY; THE RESIDENCE HAS
A SIDE YARD OF n FEET ON THE WEST AND WOULD HAVE APPROXI-
MATELY 30 FEET ON THE EAST, NOT THE REVERSE AS STATED.
2) THE STREET IMPROVEMENTS ARE CONSTRUCTED EXCEPT FOR SIDEWALK.
I WOULD REQUEST THAT THE MILLERS ENTER INTO A SIDEWALK
IMPROVEMENT AGREEMENT FOR THESE PARCELS.
3) I WISH TO POINT OUT THAT THE LEGAL DESCRIPTION FOR THIS PRO-
PERTY REQU)RES THE ADDITION OF THE WORDING ORIGINAL ASPEN
TOWNSITE." THE REASON FOR THIS ADDITION IS THE FACT THAT
THERE ARE TWO BLOCK 35'S WITHIN THE CITY OF ASPEN.
I WOULD RECOMMEND THAT THIS APPLICATION BE APPROVED SUBJECT TO
A SIDEWALK IMPROVEMENT AGREEMENT BEING SIGNED WITH THE CITY OF
ASPEN.
JK
MEMORANDUM
TO: Ron Stock, City Attorney
Dave Ellis, City Engineer
FROM: Richard Grice, Planning Office
RE: Miller Subdivision Exemption
DATE: June 22, 1979
Attached please find application for subdivision exemption filed by Monte
M. and Carolyn W. Miller. This item is scheduled to come before the Aspen Planning
and Zoning Commission on Tuesday, August 21, 1979. Therefore, may I please have
your written comments concerning this application no later than Monday, August
13, 1979. Thank you.
0
LAW OFFICES
OATES, AUSTIN, MCGRATH &. JORDAN
LEONARD M. OATES
RONALD D. AUSTIN
J. NICHOLAS MCGRATH, JR.
WILLIAM R.JORDAN III
ROBERT W. HUGHES
RICHARD A. KNEZEVICH
City Council
City of Aspen
130 South Galena
Aspen, Colorado 81611
Planning Commission
City of Aspen
130 South Galena
Aspen, Colorado 81611
600 EAST HOPKINS AVENUE
ASPEN, COLORADO 81611
June 21, 1979
Aspen/Pitkin Planning Office
City Hall
130 South Galena
Aspen, Colorado 81611
Re: Application for Subdivision Exemption,
Lots M, N, O, P, and Q,
Block 35,
City and Town Site of Aspen
Ladies and Gentlemen:
AREA CODE 303
TELEPHONE 925-2600
We represent Monte M. and Carolyn W. Miller who, by this
application, seek an exemption from the definition of a subdivision
(Section 20-19 (b), of the City Code) in connection with the proposed
split of Lots M, N, O, P, and Q, Block 35, City and Town Site of
Aspen, into two separate parcels composed of Lots M, N, and O and
Lots P and Q respectively. The property is zoned R-6 residential.
An improvement survey of the property accompanies this application,
along with our check for $50.00 for the filing fee.
As you can see from the improvement survey, Lots M, N, and
O are currently improved with a single family residence. Such single
family residence is occupied by the Millers. Lots P and Q are vacant.
It should be pointed out that the wire fence indicated on the survey
has been removed.
If a split of Lots M, N, O, P, and Q was permitted wherein
Lots M, N, and O became a separate parcel and Lots P and Q became a
separate parcel, each such parcel would separately meet the area and
bulk requirements imposed upon property located in an R-6 zone.
Parcel M, N, and O would be 9,000 square feet and have a lot
width of 90 feet. The residence located on such lot has a front yard
setback of approximately 15 feet, a side yard setback of 6 feet on the
easterly boundary and approximately 30 feet on westerly boundary, and
a rear yard setback of 15 feet.
•
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OATES, AUSTIN, McGRATH 8, JORDAN
City Council
Planning Commission
Aspen/Pitkin Planning Office
June 21, 1979
Page Two
Lots P and Q would consist of
would have a lot width of 60 feet. Any
lots P and Q would, of course, have to
requirements of R-6 zoning.
6,000 square feet and
improvements placed upon
meet the remaining
The Millers understand that the split of the existing
lots may constitute a subdivision under existing interpretations
of the City Code. However, the principal purpose and intent of
the subdivision laws is to accomodate orderly and planned
development. Since the lots are in the middle of the City, concerns
associated with a new division of land such as growth patterns,
geologic hazards, extensions of public services, subdivision design
standards and the like would not be involved here. Consequently,
the Millers believe that a subdivision exemption is appropriate in
this case.
The Millers' principal objective in splitting the lots
into two parcels is to enable them partially to liquid their
investment in the property and to engage in more effective estate
planning for their family.
We would also like to point out that the lot split would
be in character with the rest of the surrounding neighborhood.
Naturally, we will be happy to provide you with any further
information you might require. We would appreciate an early setting
on the planning and zoning commission agenda. Thank you for your
time and consideration.
Sincerely,
OATES, AUSTIN, McGRATH & JORDAN
RAK/sod