HomeMy WebLinkAboutcoa.lu.ex.1405 Crystal Lake Rd.A36-96—Callahan Sub Lot 5 & 6 1450 Crystal
Lake Rd. 2737-181-32-005/006 96
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a
Aspen/Pitkin Community
Development Department
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5090
City Land Use Application Fees:
00113-63850-041
Deposit
-63855-042
Flat Fee
-63860-043
HPC
-63885-268
Public Right -of- Way
-638 7 5-046
Zoning & Sign Permit
- MRO t 1
Use Tax
County Land Use .Application Fees:
00113-63800-033
Deposit
-63805-034
Flat Fee
-63820-037
Zoning
-63825-038
Board of Adjustment
Referral Fees:
00113-63810-035
00115-63340-163
00123-63340-190
00125-63340-205
00113-63815-036
County Engineer
City Engineer
Housing
Environmental Health
County Clerk _
Sales:
00113-63830-039 County Code
-69000-145 Copy Fees
C 1=
Name:
Address: Z o (N, 'I, AA1 k Z 03
Total_
OLA�tI,;
Date: S 4 Check: 3
Project: Gt-hc-A gW'0
Case No:
Phone: 5 —67tI o
No. of Copies
CA%OAD SUMMARY SHEET - CITY VrSPEN
DATE RECEIVED: 5/15/96 CASE # A36-96
DATE COMPLETE: STAFF: Suzanne Wolfl
PARCEL ID # 2737-181-32-005/006
PROJECT NAME:
Callahan Subdivision Lot Line Adjustment, Lots 5 & 6
Project Address:
1405 Crystal Lake Road, Aspen
APPLICANT:
Warner Brothers Records, Inc.
Address/Phone:
n/a
REPRESENTATIVE: Herbert S. Klein
Address/Phone:
201 N. Mill St., Suite 203, Aspen, CO; 925-8700
FEES: PLANNING
$450
ENGINEER
$105
HOUSING
$0
ENV HEALTH
$0
TOTAL
$555
AMT. RECEIVED $555
RFFFRR AT R.
❑ City Attorney
City Engineer
❑ Zoning
❑ Housing
❑ Environmental Health
❑ Parks
DATE REFERRED: "I
# APPS RECEIVED 3
# PLATS RECEIVED 3
TYPE OF APPLICATION:
Staff Approval
❑ Aspen Fire Marshal
❑ City Water
❑ City Electric
❑ Clean Air Board
❑ Open Space Board
❑ Other:
INITIALS:�•—
APPROVAL: Ordinance/Resolution #
Staff Approval
Plat Recorded:
CLOSED/FILED DATE: INITIALS:
ROUTE TO:
❑ CDOT
❑ ACSD
❑ Holy Cross Electric
❑ Rocky Mtn Natural Gas
❑ Aspen School District
❑ Other:
DATE DUE: I
Date:
Date: (E -7 (�
Book TPage
MEMORANDUM
TO: Stan Clauson, Community Development Director
FROM: Suzanne Wolff
RE: Callahan Subdivision, Lots 5 & 6, Subdivision Exemption for a Lot Line
Adjustment
DATE: June 6, 1996
SUMMARY: The applicant is requesting approval of a Lot Line Adjustment to transfer title of
the area containing an existing swimming pool from Lot 5 to Lot 6. The application is attached
as Exhibit A.
APPLICANTS: Warner Bros. Records, Inc. and Warner Bros.
REPRESENTATIVE: Herb Klein & Steve Whipple
LOCATION: Lots 5 & 6, Callahan Subdivision
ZONING: R-15 PUD
BACKGROUND: The Final Plat of the Callahan Subdivision was recorded in Plat Book 5 at
Page 7 in 1976.
The residences on Lots 5 and 6 were constructed prior to the purchase of the lots by the current
owners, which are related corporate entities. The owners agreed jointly to pay to build a
swimming pool on Lot 5 for shared use, due to site constraints on Lot 6. The propose to vest title
in the swimming pool in the owner of Lot 6, which requires a lot line adjustment.
The Board of Adjustment granted a 5' rear yard setback variance on Lot 5 to allow the residence
to be located 5' from the proposed rear (north) property line, as set forth in Resolution No. 1,
Series of 1995, which is included with Exhibit A. The variance was conditioned upon approval
of a lot line adjustment.
REQUEST: The applicants propose to adjust the lot line between Lots 5 and 6 so the swimming
pool will be located on Lot 6. The setback variance was requested on Lot 5 in order to maintain
the 10' required setback on Lot 6 between the pool and the lot line for safety reasons. Also, it
was determined by the applicants and Planning staff that the existing retaining wall to the
southeast of the pool creates a logical boundary line between the lots. As part of this lot line
adjustment, that portion of Lot 6 which includes a driveway easement for the benefit of Lot 5
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will be transferred to the owners of Lot 5. The pool utility room will remain on Lot 5, but is
eventually proposed to be relocated to Lot 6.
The Callahan Subdivision Homeowners Association has consented to the application, and no
objections were received during the variance review process.
REFERRAL COMMENTS: Comments from the City Engineering Department are attached as
Exhibit B and are included in the conditions of approval.
STAFF COMMENTS: Section 26.88.030(A)(1) allows the Community Development Director
to approve an adjustment of a lot line between contiguous lots if all of the following conditions
are met:
1. It is demonstrated that the request is to correct an engineering or survey error in a
recorded plat or is to permit an insubstantial boundary change between adjacent parcels.
Response: The adjustment constitutes an insubstantial boundary change because although the
square footage of both lots will be affected, both lots will still be conforming with respect to size
in the R-15 zone district. Lot 6 will increase by 2,164 square feet. The existing and proposed lot
sizes are:
tine Lot Size I Proposed Lot Size I Increase/Decrease
Lot 5 18,019 sf 15,855 sf -2,164
Lot 6 15,782 sf 17,946 sf +2,164
2. All landowners whose lot lines are being adjusted shall provide written consent to the
application; and
Response: Written consent from both applicants is included with Exhibit A.
3. It is demonstrated that the request is to address a specific hardship; and
Response: The interpretation of the pool as a structure created the need to address setback
issues. The physical limitations of the site, including the existing improvements, the City water
main, and other setback requirements, do not allow other locations for the pool, and, therefore,
require approval of a lot line adjustment in order to resolve the corporate requirements of the
owners.
4. The corrected plat will meet the standards of this chapter, and conform to the
requirements of this title, including the dimensional requirements of the zone district in which
the lots are located, except in cases of an existing nonconforming lot, in which the adjustment
shall not increase the nonconformity of the lot; and
2
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Response: As noted above, both lots will remain conforming with regard to lot size in the R-15
zone district. The only setback variance necessary has already been granted by the Board of
Adjustment.
5. It is demonstrated that the lot line adjustment will not affect the development rights or
permitted density of the affected lots by providing the opportunity to create a new lot for resale
or development.
Response: No new lots will be created by the adjustment, nor will the development rights or
permitted density of the lots be affected.
RECOMMENDATION: Staff recommends approval of the request for a subdivision
exemption for a lot line adjustment between Lots 5 and 6 of the Callahan Subdivision, subject to
the following conditions:
1. The plat shall be signed and recorded within 180 days from the date of this approval,
otherwise the approval shall be rendered null and void. The plat shall be revised as noted
and shall be submitted for review and acceptance by the Engineering and Community
Development staff prior to recording.
• Include on the plat metes and bounds descriptions for the revised Lots 5 and 6.
• Include a note on the plat explaining the continuance of the existing utility
easements.
• Clarify the location and dedication of two easements, 10 feet and 20 feet wide,
respectively, for which there is insufficient dimensional information and no
dedication information. If not previously described and dedicated, legal
descriptions (metes and bounds) and dedication instruments to the City of Aspen
shall be created for these easements.
• Locate the existing fire hydrant in the existing easement as an improvement.
2. The applicants shall dedicate to the City of Aspen a 20 foot wide utility easement - 10
feet on each side of the centerline of the existing water line - to protect and service the
water distribution line.
All representations made in this application shall be adhered to as conditions of approval.
I hereby approve the Callahan Subdivision Lots 5 and 6 Subdivision Exemption for a Lot Line
Adjustment, subject to the conditions noted above.
Stan auson, Co unity Development Director Date
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Attachments:
A. Application
B. Referral Comments
C. Proposed Callahan Subdivision Amended Plat
Exhibit B
To:
Thru:
From
Date:
MEMORANDUM
Suzanne Wolff, Planner
Nick Adeh, City Engine /� I Q
Ross C. Soderstrom, Project Engineer `V
May 23, 1996
Re: Callahan Subdivision Lot Line Adjustment, Lots 5 & 6
(1405 Crystal Lake Road, Aspen: Lots 5 & 6, Callahan Subdivision, Aspen, CO)
After reviewing the above referenced application and making a site visit I have the following comments:
1. Plat Map: The preliminary plat map contains several technical surveying deficiencies which will
need to be revised before the plat is resubmitted for review and acceptance by the Engineering Dept. The
most important of these are:
• Metes and bounds descriptions for each of the new lots created by this lot line adjustment.
• A note on the plat explaining the continuance of the existing utility easements.
• Clarification of the location and dedication of two (2) easements, 10 ft and 20 ft wide respectively, for
which there is insufficient dimensional information and no dedication information. If not previously
described and dedicated, legal descriptions (metes and bounds) and dedication instruments to the City will
need to be created for these easements.
• Location of the existing fire hydrant in the existing easement as an improvement.
2. Pool Utility Room: As a recommendation and comment to the applicants, to clarify the intent and
agreement between the parties pertaining to the pool utility room which is a recognized appurtenance
necessary for the beneficial use of the subject swimming pool, the applicants either need to relocate the pool
utility building to Lot 6 from Lot 5, execute a service agreement between themselves or make some other
arrangement for the utility building that serves the swimming pool but presently exists on the neighboring
lot.
This is not a condition of acceptance of the lot line adjustment plat.
3. Water Line Easement Width: The applicants will need to dedicate a 20 ft wide utility
easement, 10 ft each side of the existing water line centerline, to the City of Aspen to protect and service the
water distribution line.
Address fixture correspondence regarding this application directly to myself at 920-5087, Aspen Engineering
Dept.
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MESSAGE DISPLAY
TO Suzanne Wolff CC Ross Soderstrom
CC Nick Adeh
From: Phil Overeynder
Postmark: Jun 07,96 8:17 AM
Subject: Reply to: Callahan Subdivision
------------------------------------------------------------------------------
Reply text:
From Phil Overeynder:
We require a 20' easement. This is a 12 inch transmission main.
Preceding message:
From Suzanne Wolff:
adjusting lot line between lots 5 & 6. Apparently a water line runs
along the existing lot line. After adjustment the north half of the
line will be totally within Lot 6 and the south half will be totally
within Lot 5. Ross recommended that they grant 20' easement - 10' on
each side of the water line to accommodate maintenance and service,
but wanted to be sure that 20' is adequate. Looks like they
currently have 5' on each side. What is standard? thanks
LAW OFFICES OF
HERBERT S. KLEIN &ASSOCIATES, P.C.
201 NORTH MILL STREET
RT S. KLEIN SUITE zo3
RD J. ZIMET' ASPEN, COLORADO 91611
ERT ERIE (s7o) s25-s7oo
G. KENNEDY° TELECOPIER (970) 925-3977
in New York
milted in Maryland
May 15, 1996
Mr. Stan Clausen
Aspen Community Development Director
130 South Galena Street
Aspen, Colorado 81611
Exhibit A
HERBS
TELLURIDE OFFICE:
MILLA
P.O. BOX 215
ROB
300 WEST COLORADO AVENUE
THOMAS
SUITE 2B
TELLURIDE, COLORADO 81435
'also admitted(970)
728-5151
*also ad
TELECOPIER (970) 728-3069
Re: Lot Line Adjustment for Lots 5 and 6, Callahan
Subdivision, Aspen, Colorado
Dear Mr. Clausen,
This letter is submitted as part of a lot line adjustment
application on behalf of Warner Bros. Records, Inc., the owner of
Lot 5, Callahan Subdivision ("Lot 5") and Warner Bros., successor
to Warner Bros., Inc., the owner of Lot 6, Callahan Subdivision
("Lot 6"). Attached to this application is a proposed lot line
adjustment plat map which describes all improvements on the
properties, existing lot lines and the proposed revised lot lines.
The applicant's representatives began discussions with
planning office staff member Leslie Lamont in March of 1995, to
discuss the proposed lot line adjustment. The proposal for
administrative review (planning director sign off pursuant to
Section 26.88.030 A.1., which grants the Planning Director sole
authority for granting lot line adjustment exemptions) was
considered by Ms. Lamont and in consultation with Bill Drueding,
the details of the lot line adjustment and necessary set back
variance were explored and agreed upon. A preapplication conference
summary is attached at Exhibit A. Pursuant to the direction from
these staff members, the applicants obtained a minor setback
variance from the City Board of Adjustment in case number 95-12, as
set forth in Board of Adjustment Resolution No 1, Series of 1995,
a copy of which is attached hereto at Exhibit B.
A brief background of the reason for this application is as
follows: The owners of Lot 5 and Lot 6 are related corporate
entities. At the time that these properties were acquired the
houses on them were already built. These entities agreed that, due
to the site constraints on Lot 6, they would jointly build and pay
for a swimming pool in the rear yard of Lot 5 and share its use.
This was accomplished and these owners have enjoyed its use for
several years. Due to certain corporate restructuring among these
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City of Aspen
May 15, 1996
Page 2
entities, it is now necessary to vest title in the area within
which the pool is located in the owner of Lot 6. In order to do
this, a lot line adjustment application must be processed.
Various lot line configurations have been analyzed and were
previously discussed with the Planning Office. Due to topographic
and other physical conditions on the site as well as certain
interpretations of the Land Use Code by the Planning Office staff,
the lot configuration preferred by the applicants and the Planning
Office required a slight rear yard setback variance so that the
resulting lots will conform with present zoning requirements to the
greatest extent possible. The Planning Office required that as a
precondition to the lot line adjustment, the applicant obtain a
minor setback variance from the Board of Adjustment, this has been
accomplished.
Certain practical difficulties and hardships which justified
the issuance of a variance are also relevant to this lot line
adjustment application. They are present due to topography, an
interpretation of the pool as a "structure", the existence of an 8
inch city water main, the location of existing buildings and
structures and avoidance of other setback encroachments which have
limited the choices for placement of revised lot lines.
At the rear of Lot 5, a retaining wall was constructed. On
the north side of the wall is the swimming pool. On top of and at
the south side of the wall, at approximately original grade, is a
concrete staircase and walkway of approximately 5 feet in width and
a concrete deck, beyond which begins the rear wall of the house
located on Lot 5. According to a planning office interpretation,
the swimming pool is a structure and therefore, setbacks are
measured from its perimeter. The distance between the pool and the
rear wall of the house is 16.5 feet. Twenty feet of separation
would be needed to accommodate a ten foot side yard setback for Lot
6 and a ten foot rear yard setback for Lot 5.
The applicants considered whether or not the setback variance
should be requested for Lot 6 and thus move the lot line closer
than 10 feet to the swimming pool or seek a variance for the rear
yard setback of Lot 5. After discussing the situation with members
of the Planning Office staff and conducting a site visit with them,
it became obvious that the retaining wall creates a logical
boundary line for these lots due to its practical location, the
elevation change between it and the pool area and for safety
reasons (e.g. a lot line too close to the pool could result in
hazards to public safety personnel). Therefore, the new lot line
between these properties should be in the immediate vicinity of
this wall. By doing so, only a minimal setback variance for Lot 5
is needed to allow the full 10 foot setback to remain between the
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City of Aspen
May 15, 1996
Page 3
retaining wall and the swimming pool. on Lot 6. Placing the lot
line in this configuration will have no functional or safety impact
on Lot 5, because the physical area around the rear of the house on
Lot 5 which contains the stairs, walkway and retaining wall is less
than 10 feet anyway.
In our analysis we have also studied whether there are other
possible locations for the pool and notwithstanding the significant
expense of moving the pool, there is no other feasible location for
it that would not impose on other setbacks and an 8 inch city water
main currently serving over 60 houses.
The configuration of the adjusted lot lines has been approved
by the Callahan Subdivision Homeowners Association which has
authority to do so under its protective covenants. A copy of a
letter granting such approval, dated June 7, 1995, from Skip
Behrhorst of the Callahan Subdivision Architectural Committee, is
attached to this application at Exhibit C.
The specific criteria for the lot line adjustment exemption as
set forth in Section 26.88.030 A.1. and our satisfaction of them
are as follows:
1. CONDITION:
a. It is demonstrated that the request is to correct an
engineering or survey error in a recorded Plat or is to permit
an insubstantial boundary change between adjacent parcels;
RESPONSE:
As you can see from the attached amended Lot Split Map, this
Application is for an insubstantial boundary change between
adjacent parcels. The revised lot line merely changes the
rear portion of Lot 5 so that the swimming pool area becomes
included in Lot 6 and an almost equal amount of square footage
is exchanged in the area of the Lot 5 driveway to make up for
the pool area. The resulting square footage of each lot is
15,855 for lot 5 compared with 18,019 as originally platted
and 17,946 for Lot 6 compared with 15,782 as originally
platted. The difference in overall square footage is that Lot
6 is increased by 2164 square feet. This is a nominal
increase.
No new construction, other than the relocation of the pool
mechanical structure to a new location on Lot 6, will occur as
a result of this lot line adjustment and no physical changes
will result to these properties or the neighborhood. There
will not be any additional impact on public services or
facilities nor will this lot line adjustment generate any need
for employee housing, etc. Life and safety concerns will not
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City of Aspen
May 15, 1996
Page 4
be affected in any way by the granting of this lot line
adjustment.
The neighbors were notified during the variance review process
and no objections were made. Furthermore, specific consent to
the lot line adjustment has been given by the Callahan
Subdivision Homeowners Association as evidenced by their
consent at Exhibit C.
2. CONDITION:
b. All landowners whose lot lines are being adjusted shall
provide written consent to the application.
RESPONSE:
The applicants are each an owner of one of the lots. Their
consent to process this application as attached as Exhibit D.
3. CONDITION:
c. It is demonstrated that the request is to address specific
hardship.
RESPONSE:
These properties are affected by conditions which existed
prior to their acquisition by the applicants. The
construction of the retaining wall was undertaken at the time
that the house on Lot 5 was built by the applicant's
predecessor. The City water line was also pre-existing, as
was the house on Lot 6. The only suitable location for a pool
was in the rear yard of Lot 5. The specific configuration of
the lot line changes resulted partially from an interpretation
of the pool as a "structure" which created the need to deal
with setback issues. The physical limitations of the site,
including the existing improvements, City water main and other
setback requirements do not allow alternative sites for the
pool and thus, also mandate a lot line adjustment as the only
solution to this situation.
The re -orientation of the pool away from Lot 5 to Lot 6 and
the resulting need for a lot line adjustment does not give
rise to a claim of "self-inflicted hardship" in that the pool
exists and met code requirements when constructed. This
exchange between two willing property owners, necessitated by
corporate requirements, without land use repercussions or
impact to surrounding property, is a reasonable request and is
allowed under local regulations.
•
•
City of Aspen
May 15, 1996
Page 5
4. CONDITION:
d. The corrected plat will meet the standards of this
chapter, and conform to the requirements of this title,
including the dimensional requirements of the zone district in
which the lots are located, except in cases of an existing
nonconforming lot, in which the adjustment shall not increase
the nonconformity of the lot.
RESPONSE:
The revised plat meets all underlying zone district
requirements for the R-15 zone and does not create any
nonconforming lot. The variance necessary to obtain setback
compliance has been approved by the Board of Adjustment. The
requested lot line adjustment preserves the spirit of the
applicable zoning ordinance and does not disturb the public
health and welfare. The loss of 2164 square feet from Lot 5
will not make the structure on Lot 5 nonconforming because the
existing square footage of the structure is 4369 square feet,
well under allowable FAR for a lot of 15,855 square feet.
5. CONDITION:
It is demonstrated that the lot line adjustment will not
affect the development rights or permitted density of the
affected lots by providing the opportunity to create a new lot
for resale or development.
RESPONSE:
No new development rights are created by the lot line
adjustment. No new lots are created for resale or
development.
Thank you for your consideration of this request. Please feel
free to call me to discuss any issues or questions that you may
have. I look forward to hearing form you shortly.
Very truly yours,
HERBERT S. KLEIN PROFESSIONAL
CORPORATION
By:
Her ert S. Klein
Enclosures
warner\11.app
CITY OF ASPEN
1 PREOPLI ATION CONFERENCE SLZMA
PROJECT •
APPLICANT'S REPRESENTATIVE:
REPRESENTATIVE'S PHONE: - L
OWNER' S NAME • �cas . Ti, e
SUMMARY
1. Type of Application: in ; _ AQQ`
2. Describe jact/i�on/type of development
/�bei Y requested:
7.�D � 1.0 n\ s0.-� . Q ; _ _ , rn n , _ � 1 Pb V x 1. C . 1
�1
3. Areas is which Applicant has been requested to respond, types
of reports requested:
Policy Area/
Referral Aaent Comments
.Dater Dent contact for tap fee requirements -
4. Revi 4D
ls: P&Z nly) CC Only) P&Z then to CC
5. Public Hearing: (YES)
6. Number of copies of the application to be submitted:
Jl F l
7. What fee was applicant requested to submit. -tj
a. Payment form Attached for signature: (YES) (NO)
9. Anticipated date of submission:
10. (COMMENTS/UNIQUE CONCERNS: --
frm.pre_app
EXHIBIT A
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RESOLUTION NO.1
Series of 1995
A RESOLUTION OF THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN
GRANTING A VARIANCE WITH CONDITIONS IN CASE NUMBER 95-12
RELATING TO PROPERTY IN THE CITY OF ASPEN WITH AN ADDRESS OF
1405 Crystal Lake Rd., ASPEN,COLORADO.
WHEREAS, Warner Bros. Records, Inc and Warner Bros by
their attorney, Herbert S. Klein, has made application, dated
September 13, 1995 to the Board of Adjustment for a variance
from the dimensional requirements of Chapter 24,of the
Aspen Municipal Code; and
WHEREAS, this matter came'on for hearing before the
Board of Adjustment on this date and after full deliberations
and consideration of the evidence and testimony presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
\ ADJUSTMENT OF THE CITY OF ASPEN, COLORADO:
Section 1. Findings of Fact.
The Board of Adjustment makes the following findings of
fact:
1. A development application for a variance was initiated
by: Warner Bros. Records, Inc. and Warner Bros
by their attorney, Herbert S. Klein,
on: September 13, 1995 for property
with a street address of: 1405 Crystal Lake Road
and
legal description of: Lots 5 and 6, Callahan
Subdivision, Aspen, Colorado
2. Notice of the proposed variance has been provided to
surrounding property owners in accordance with
Section 24-6-205(E)(4)b) of the Aspen Municipal Code.
Evidence of such notice is appended hereto as
Exhibit "A" (posting of notice) and Exhibit "B"
EXHIBIT B
\ (mailing of noticed.
3. The grant of variance will be generally consistent with
the purposes, gaalsr objectives, and policies of the
Aspen Area Com-arehensive Plan and Chapter 24 of the
A—s-pen. Manic Dal Code
The grant of variance is the min ?ntrm variance that
will make possible the reasonable use of the parcel,
building **cam or structure _
5_ The literal intergretatioa and enforcement of the
terms of Chapter 24 of the Aspen Municipal Code
would dep--:Lve the applicant of rights ccx=onlig enjoyed
by other parcels in the same zone district, and would
cause the app-11cant unnecessary hardship or practical
difficulty. fn determirrTng that the applicant's rights
would he deprived absent a vari.are, the Road
considered certain special conditions and cira-=-
stances which are gigue to the parcel., building or -
structure, which are not applicable to other parcels,
structures or buildings in the same zone district and
which do not result from the actions of the applicant;
to wit r
r.
FiQar _-,rcm�arted nZann;:TMo department efforts in a
J� pendinQ lot line adi_ustment. action.
Section 2_ Variance Granted.
The Board of Adjustment does hereby grant the applicant the
fallowincr va.riace from the terms of Chapter 24 of the Aspen
-r=a=Pal Code:
A_ 5 fact rear var• d setback variance c n Lot S, Callahan
c
Section 3. Cond±tio= Upon Wh±ch Variance is Craanted.
'r a variance granted by Section 2, abesge, is specifically
c=d%tioned upon and subject- to tTi f�TznSµ;7. C=r*it;
1. Unless vested as part of a development plan pursuant to
2
• •
Section 21-6-207 of the Aspen Mun.1cipal Cade, the
v a=ia ce granted herein shall automatically r tically expire after
twelve (121 months from the date of approval unless
development has been- commenced as esridenced by the
issuance of a building permit, or an extension, granted
by the Board in which case the variance shall expire at
the end of the extension.
2_ Applicant shall, prior to filing an application for a
building permit, cause to be recorded with the Clerk
and Recarder's Exffice of Fitki n County a copy of this
resolution.
3. Condition upon: approval of lot line adjustment action.
=TRQDIICED, READ AND ADOPTED by the Borrard of Acijuustmen.t
of the C:i �.y of Aspen on the day of /�10y
Chairperson
N� 1, the undersigned duly appainted and acting Deputy City
Cleric do certify that the foregoing is a true and accurate copy of
that resolution adopted by the Roard of Adjustment of the City of
Aspen, Colorado, at a meeting held an the .day hereinabove stated.
�hnh cr-) �:m . 0 n 0 a
Deputy City C_ e_ k
bdofadj.res
i
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Ca-1I an Subdivision 140M �wn�rssociatzon
Cail4han SUbdivision
faceted at
Managing A�xrnts_
Crystal Lah-c Road
Aspen Club Properties
Aspen, Colorado �1011
730 lwast Durant
(970) 920-2000'
Pen, Co 81611
(970) 020-3000
June 7, 1995
The aty Of A, pCn
130 Suulh Galena Street
Asp y ('() �I611
To Whom Tt May Cono,.- n;
T7rl3 letter serves as OUT approval of the lot line adjustment between LOts 5 and 6 at the
caUlan Subdivision as depicted on attached Exhibit A. As the architecf)lm, romn,ittee, we have
aut,�onty to approve this In1 rPc`rmfiguration on behalf of the Callahan Owners,
please cot4g%;t vur Managing agi=t, Chuck Fries, at Aspen Ctub Properties, if you nave
any questions.
SB:pm
cc; ChuGlt Fries
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skip Rei�rharst
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303 825 39774 2/ 2
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CONSENT AND AUTHORIZATION TO PROCE06 LARD USX APPLICATION
The undersigned, as owner of Lot 5, Callahan Subdivision,
Aspen, CclorAe4o (the "property"), hereby authorizes Farbert S.
Klein, F.C., attorneys, whose address is, 201 N. Mill St. t 203,
Aspen, Colozado, 61611, phones 303-925-8700, and G. Steve Whipple,
whose addret3a is 121 S. Galena St. Suite 2U3, Aspen, Colcrado,
81611, phone, 303-920-4428, to process on its behalf any
applications, including, without limitation an applicaticn for a
lot line adjustment and a variance from setback requirements,
pursuant to the City of Aspen Muni--ipal Code, necessary to adjust
the lest line between the Property and Lot 6, Callahan Subdiviaion.
Thi« authcrizatiVn inci;ides aa,y and all necessary appl+c:ations
which in any r,anner deal with the Property.
Dated; July 20 1995
OWNER: ��_ z Senior Vice President
wsArner BLQm. Records?, Inc.
4000 Warner Boulevard
Burbank, CA 91522
warnvrt:o%3,C7i
(title)
EXHIBIT D
0
CONSENT AND AUTHORIZATION TO PROCESS LAND USE APPLICATION
The undersigned, as owner of Lot 6, Callahan Subdivision,
Aspen, Colorado (the "Property"), hereby authoriae� Hcrbert S.
Klein, P.C., attorneys, whose address is 201 N. Mill. St. # 203,
Aspen, Colorado, 81611, phone: 303-925-8700, and G. Steve Whipple,
whose address is 121 S. Galena St. Suite 203, Aspen, Colorado,
81611, phone, 303-920-4428, to process on its behalf any
applications, including, without limitation an application for a
lot line adjustment and a variance from setback requirements,
pursuant to the City of Aspen Municipal Code, necessary to adjust
the lot line between the Property and Lot 5, Callahan Subdivision.
This authorization includes any and all necessary applications
which in any manner deal with the Property.
Dated: Z , 1995
OWNER:
(title)
Wrnerr Dres . vr yhr.
4000 Warner Boulevard
Burbank, CA 91522
warner\iat5.cpa
0 •
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920-5090 FAX (970) 920-5439
MEMORANDUM
TO: City Engineer
FROM: Suzanne Wolff, Planner
RE: Callahan Subdivision Lot Line Adjustment, Lots 5 & 6
Parcel ID No. 2737-181-32-005/006
DATE: May 17, 1996
Attached for your review and comments is an application submitted by Warner Brothers Records,
Inc.
Please return your comments to me no later than May 31, 1996.
Thank you.
Exhibit C
SCALE: 1 ' 20'
.r in Concrete
FIRS T A AIENDL-7D PLATFOR LOTS
5 AND 6, CALI.AHAN S(BDIV1.570N,
CITY OF ASPEN, COUNTY OP PITKIN
Re6ar and Cap
Rebar and Cap Pit t er L.S 9184 '
L s 9rB4 - side Subdivision /
C
�. N 89'52'74' £
2—/V 89,5274, E
1; 4.48' 1 30.00,
ID'utility Cos& —it Hot Tub ti r 7(r' E'asement ��
CvTyer e., 7.3' b
Awl
�
Ribar and Cap
L. S 1Z709 rP bar cad C
R C°,C well Block 1t ( 89°.51'10` F--
_ '\06• w grin j 14 �..
4 4- 9'
1 ` 5' f <.� 10' Basement
2 Story wooarroma ong
?3.5 2J.9• ' ° .. ...
r Concrete L O t U v
Woll
D'b� 0.412 vr. + - I ,fib , `; � •,
e f1001 ,r 1, � C !
i Guroye 1, S 1 r in Coner"e
oy
ry • 8olconY _ poet GtYlr'ty
-,..,,....--' i '/S:• earn
.i �CinJer Hn,cA ! 60'
y 60,
Concrete
Onve wall i� CHISELED X _ /J 6i
.G'prs�etr
wad
,�_ - • .. � , � bye 7 � / � � � • .. `
aye/
0J
OOt�, h/ �/r/l", .`� 1 �_,,.f-_• , .Y. `' - r0!
'lo
rsde
,Pork sal/
ell, I
A�000%fTr1P 2Utl`%t! ♦�
A ►� ,T �,� vrfi tn,¢Ie y.Riaoj A � --.' ?• :�"� f
GRAPHIC SCALE
20 0 10 20 40 s0
( IN FEET )
I inch = 20 ft,
—Tel-- BUR1E0 rFLCPHONE UNE
-- g ---- BURIED L:45 UNE
+r—+,-----v- FENCE UNE
ROCK WALL
----1.-- [:ABC£ TELINIWIN LINE
— e --- ELECTRICAL LINE
w -- WATER L/NE
—ss— SANITARY SaFR LINE
----onD---- OLFRHEAD ullUrY LINT
r-l' FA/$r CUL1£RTS
DECiDLA?u; IR£E
EVERGREEN TREE
�� �� l ,: �v�o; ' tfir ��,.� i � )k f ..., < ' •` rI (r;
1r).
// /
;Y' Tin Concre<e
-
SIGN
DC
GAS VALVF
5'1
CURB 5TOP
,a.
Pow£R POLE
0
L/CHT POLE"
pQ
04TER VALVE
F/RE HYDRANT
TELEPHONE RISER
0
CABLE RISER
(1)
SEWER Ai"HOLL
16
STORM DRAIN INLET
IJ
CLECrR/C TRAN5FORAOCR
-0 ANCHOR BOLT
Legend and Notes.
(D indicates found monument as descrit)ea.
- o indicates set monument, ,pi_5. rebrr and Yello)i Plastic
Cap (YPC), L.S. 15710.
indicates control point
Survey Orientation based on found monuments os shown.
- - - . Former Lot Lines Vacated By This Plot.
Slone Retaining
•/ \ r�
Relarning Owl
/ o { G�' 0 Ho/ 7trb
Lo ( y�
0.364 oc. + -
\ jr
1
e a ap
L..S 12907
�i
Lot _5
' 1 Rebar and Cap
iV
+ti
Certification of Dedication and Ownership:
Know all men by these prosents that Warner Bros., successors to Warner Bros.,
lac., being the sole owners of certain lands in Pftkin County, Colorado,
described as follows: Lot 6, Callahan Subdivision; and Warner Bros. Records,
Inc, being the solo owners of certain lands An Atkin County, Colorado,
described as follows: Lot 5, Callahan Subdivision.
Said parcel contains acres more or less, have by those presents
raid otA plotted and subdivided the some into lots as shown hereon
and designate the some as Lot 6, Callahan Subdivision, and Lot 5, Callahan
Subdivision in the City of Aspen, County of P/tkin,State of Colorado, and do
hereby grant to the City of Aspen, County of Pitkin, State of Colorado, for
public use the tXW and drainage easements shown horon for ut1/lty and
dr&rtage purposes only, and so further state that this subdivision shall be
subject to the protective covenants Tiisd and recorded for this subdivision
In the Office of the Clerk and Recorder of Pitkin County, Colorado as
Reception t.
Executed this day of 1995.
Womer Bras., successor to Warner Bros, Inc.
BY,
Owner
Warner Bros. Records, Inc.
Bl'
owner
Notary Public Certiricate.'
State of Colorado )
ss.
County of Pitkin )
The foregoing instrument was acknowledged before into this day of
, 1996 by
Witness my hand and offices/ seal,
My commission expires'
Notary Public
Executed th/a day of 1996.
BY —
Notary Public
Notary Public Certfcote:
State of Colorado )
ss,
County of PRkin )
The foregoing instrument was ockmw/edged before /no thiss day of
1996 by
Witness my hand and official seal,
My eommisslon expires:
Notory Public
Executed this doy of 1996.
Bl' -
Notary Public
County Surveyors Certificate
Deposited this _day of , 1995, at O'clock _ M., in Book _ of the County Surveyors Land
Survey Pots/right-of-way surveys at Page _, Reception
No. . This land surrey complies with Section
38-51-102 Colorado Revised Statutes.
County Surveyor
NOTES:
1. A 5-foot rear yard setback variance on Lot 5, Callahan Subdivision, is shown hereon and was approved
pursuant to Resolv&n ,fill, Series of 1995 of the City of Aspen Board of Adjustment, Case No. 95-12,
adopted on November 2, 1995.
2. The driveway easement noted as `Former Driveway Easement" burdening Lot 6, Callahan Subdivision, for
the benefit of Lot 5, Callahan Subdivision, is hereby vacated.
J. All improvements ohown on this Plat are existing as of the dote of recording hereof.
4. This Plot Map and the approvals granted hereunder, including reciognition of the variance referred to in
NotA 1 above, constitute a Site Specific Development Plan for which vested property rights have been created
pursuant to Title 24, Article 68, Colorado Revised Statutes, and the provisions of the City of Aspen
Municipal Code, Title 24-6-207.
5. The purpose of this Amended Plot is to adjust the lot lines as shown hereon between Lot 5 and Lot 6
of the Callahan Subdivision. No other boundary lines within the Callahan Subdivision are affected hereby.
_._________,.._.___,__......_....._._............................_.._............,.._._ ....._...._...._......__._....-_..-.._.__....,_...._...__.._..._.� L/NE �. D/RECTJON DISTANCE
1 CURVE/ R40/US LENGTH CHORD CHORD BEARING DELTA ANGLE TANGENT 1 L l N8T03'16 EL- _ 1J71'
? CI 213.00' 87.18' 5657' S 71'4179" E 2T2703' 44.21- L2 50635100W 5.69,
j C2 6300' 4719' 46.09' N 38'307R' W 4255'00" 24.76' -
s C3 11200' .34.44' 34.Jl' 5 25'S170 £ 17J7'15" /1.36' 1
SCBd br1rSrR 6V"6N a1 MUR INCe eER
According to Colorado tar, you must commence
any legal action based upon any delwet in 118 %/'. 6'ilt Street Suite ,ZOO
lAu survey r SUC &r e, years alter you LOTi�S'" 5— 6 C�LL�IH�IN 1�5'"UB
,5'rsl discover sash defect 7n no even! may Glenwood Springs, Colorado L9>6O1
any legal —trcn based upon any defect in
this survey be commenced mory than ten years _'--` �303J 945->00� KF.4X.% 945-594L9
from the date of 4U eerrtj rah'on shown ,Aspen, Colorado (303j
hereon. CORDON A1F1 rFR _
M
REVISION
DATE ; BY
ELI M I NARY
Acceptance for Recording
This plat of is accepted for riling in the office of the Cleric and
Recorder of Pitkin County, Colorado, this — day of , 19-06,
/n Plot Book at Pages — and Reception No.
gy
Clerk and Recorder
City Engineer's Approval
This final Plot of the Amended Plot for Lots 5 and 6, Callahan
Subdivision /s approved by the City of Aspen City Department of
Engineering this day of —, 1996.
City Engineer
Tt/e Certificate:
71Ue Corporotlon,o duly licensed
rifle insurance company in the State of Colorado, hereby certifies that
Warmer Bros. Records, Inc., with respect to Lot 5, Callahan Subdivision, and
Warner Bros., o successor to Warner Bros., Inc., with respect to Lot 6,
Callahan Subdivision, ore the owners in fee simple of said real properties,
respectively, described and depicted herein, subject to eom&7wts, rights -of
way and encumberances of record, executed this —day of _, 1996.
77TLE CORPOR4770N
Planning Directors Approval. A
This final plat of the AmenrMd Plat for Lots 5 and 6, Callahan Subdivision is
approved by the City of Aspen Planning Director this _doy of 1996
as a lot line adjustment pursuant to my outbon'ty under Ordinance 13, Series
of 1993, amending and adding Section 24-6-204 (A)(1)(f) to the Municipal Code
of the City of Aspen.
Planning Director (Dote)
Surveyor's CortNieate:
1, Kenneth R. Wilson, Professional Land Surveyor, do hereby certify
that this plot of was prepared by me and under my supervision and
that the location of the outside boundary, roads and other features
ore occurately shown and corroctiy shown hereon, that the some are
based on field surveys performed under my supervision and in
accordance with Colorado Revised Statues 1973, Title 38, Article 51
and C.R.S. J8-JJ.J-209. / further certify that the error of closure for the
boundary is better than 1:10,000. In witness thereof, l have set my hand and
seal this day of , 1996.
Kenneth R. Wilson L.S. 15710
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Dote: Of-000-96
Appr. b,v' X/y
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File: GILLS-e'
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