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HomeMy WebLinkAboutcoa.lu.ex.Carisch 2735-124-10-001 A 17-95 ~ .. .< CASELOAD SUMMARY SHEET city of Aspen DATE RECEIVED: 02/16/95 DATE COMPLETE: PARCEL ID AND CASE NO. 2735-124-10-001 A17-95 STAFF MEMBER: ML PROJECT NAME: CARISCH LOT SPLIT Project Address: 533 W. Smuqqler Legal Address: city and Townsite of A.B.C.D Aspen. Colorado Aspen. Block 27. Lots APPLICANT: Georqe & Sharon Carisch Applicant Address: 19760 Lakeview Ave Deephaven. Mn 55331 REPRESENTATIVE: Carol Ann Jacobson r& Robt.Huqhes 920-17001 Representative Address/Phone: 606 E Hvman 925-2811 Aspen. CO 81611 -------------------------------------------------------------- -------------------------------------------------------------- FEES: PLANNING ENGINEER HOUSING ENV. HEALTH TOTAL L:hIIa1 $ ~, ~ '10 =.J $ 1126 # APPS RECEIVED 2 # PLATS RECEIVED 3 [Agreement to pay form sub.2-16] TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: -1L 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date ~IOPUBLIC HEARING: @ NO VESTED RIGHTS: YES NO DRC Meeting Date --------------------------------------------------------------- --------------------------------------------------------------- REFERRALS: city Attorney X City Engineer Housing Dir. Aspen Water City Electric Envir.Hlth. Zoning School District Rocky Mtn NatGas CDOT Clean Air Board Open Space Board Other Other Parks Dept. Bldg Inspector Fire Marshal Holy Cross Mtn. Bell ACSD Energy Center DATE REFERRED: g I d- ~ INITIALS: OW DUE: ~ =============================================np=r============~== FINAL ROUTING: DATE ROUTED: ~ ~ INITIAL: lVU ___ city Atty ___ city Engineer ___Zoning ___Env. Health ___ Housing ___ open space Other: FILE STATUS AND LOCATION: MEMORANDUM TO: Mayor and Council FROM: Bill Efting, Acting city Manager stan Clauso~ity Development Director Mary Lackner, Planner THRU: THRU: DATE: April 10, 1995 RE: carisch Subdivision Exemption for a Lot Split and GMQS Exemption - 2nd Reading of Ordinance __, Series 1995 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The Applicant (Sharon and George Carisch) proposes to divide a 12,000 square foot parcel into two 6,000 sq. ft. lots pursuant to the Lot Split provision of the Aspen Land Use Regulations. The property presently contains one residence that straddles all four lot lines. Each lot will be permitted one single family residence. This application is a one-step subdivision exemption before City Council. The planning Office recommends approval of this Ordinance with conditions. CONSISTENCY WITH THE ASPEN AREA COMMUNITY PLAN: Lot Splits require that development on the new lots provide Accessory Dwelling units that are deed restricted to resident occupancy requirements. Such mitigation will meet the Housing goals of the AACP. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The parcel is located at the southeast corner of W. Smuggler and N. Fifth Street and is zoned R-6. In 1975, implementation of growth management required that all adjacent lots held in single ownership were merged for development purposes. At that time, lot splits were created as a one-time exemption from the full subdivision process. Refer to Exhibit "A" for the application information and proposed plat. REFERRAL COMMENTS: City Engineering- Refer to Exhibit "B" for complete referral memo. CURRENT ISSUES: There are no outstanding issues relative to the Applicant I s request for a Lot Split and GMQS Exemption. This application was received prior to the effective date of the new GMQS regulations and is therefore being processed under the old code requirements. Since the existing residence straddles all four lots, this lot split will create a non-conforming situation until the time the " " ., existing residence is relocated or demolished. Pursuant to sections 24-7-1003 .A. 2. (Lot Split) and 24-8-104. C.1. a. (GMQS exemption), staff finds that the review criteria have been met. The specific criteria and staff responses are attached as Exhibit "C". FINANCIAL IMPLEMENTATIONS: None are anticipated. RECOMMENDATION: Planning staff recommends approval of the proposed Lot Split subject to the following conditions: 1. As recommended in the City Engineer's referral comments dated March 6, 1995 the applicant shall: a. Prior to the signing of the Final Plat, the applicant shall enter into a sidewalk, curb, and gutter agreement with the City of Aspen. b. The Final Plat shall indicate a five foot wide pedestrian usable space between the edge of pavement and the proprty line on both streets. c. The parcels shall meet storm run-off requirements of Section 24-7-1004.C.4.f at the time of development. d. The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public rights-of-way. e. The following information shall be noted on the Final Plat: Any new surface utility needs for pedestals or other equipment must be installed on an easement provided by the applicant and not in the public right-of-way. This should be stated in a general note on the plat. f. The surveyor I s certificate, or note on the plat must state that all easements of record as indicated on Title Policy No. ____, dated ____, have been shown hereon. g. The applicant shall consult city Engineering (920-5088) for design considerations of development within public rights-of-way, Parks Department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights-of-way from City Streets Department (920- 5130). 2. The new Subdivision Plat and Subdivision Exemption Agreement must be approved by the Planning Office and Engineering Department and recorded with the Pitkin County Clerk and . """"'"' /,r""__ '-.." Recorder within 180 days of approval by city council. Failure to do so may render the approvals invalid. 3. Prior to the issuance of any building permits, both lots are required to build an Accessory Dwelling Unit (ADU) at the time of construction, pursuant to section 24-7-1003.A.2.b of the Aspen Land Use Regulations. 4. All material representations made by the applicant in the application and during public meetings with the City Council shall be adhered to and considered conditions of approval, unless otherwise amended in the conditions. PROPOSED MOTION: "I move to adopt Ordinance ,Series 1995 approving the Carisch Subdivision Exemption for a Lot Split and GMQS Exemption for Lots A, B, C, & D, Block 27, city and Townsite of Aspen." CITY MANAGER COMMENTS: Exhibits: Ordinance , Series 1995 "A" Application information and proposed plat "B" Engineering referral memo "C" Planning staff responses to Code sections 24-7-1003.A.2 and 24-8-104.C.1.a. ..,....... ~' ...... ORDINANCE NO. 110 (SERIES OF 1995) AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, GRANTING SUBDIVISION EXEMPTION AND GMQS EXEMPTION APPROVAL FOR THE CARISCH LOT SPLIT (LOTS A, B, C, AND D, BLOCK 27, CITY AND TOWNSITE OF ASPEN) WHEREAS, Section 24-7-1003.A.2 of the Aspen Municipal Code provides for City Council approval for lot splits as Subdivision Exemptions; and WHEREAS, the Applicant, Sharon and George Carisch, submitted an application for a lot split and GMQS exemption to the Planning Office; and WHEREAS, the City Engineering Office has provided referral comments on the proposed application; and WHEREAS, the Planning Office reviewed the proposed application pursuant to Section 24-7-1003.A.2 of the Aspen Municipal Code and the comments received from Engineering and recommends approval of the Subdivision Exemption for a lot split with conditions; and WHEREAS, the Aspen city council having considered the Planning Office's recommendation and Section 24-7-1003 .A. 2 of the Aspen Municipal Code does hereby grant the Subdivision Exemption for the carisch Lot Split. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby grant Subdivision Exemption and GMQS Exemption approval for a lot split pursuant to Section 24-7- 1003.A.2 and 24-8-104.C.a of the Aspen Municipal Code subject to the following conditions: ....."' ,.., 1. As recommended in the City Engineer's referral comments dated March 6, 1995 the applicant shall: a. Prior to the signing of the Final Plat, the applicant shall enter into a sidewalk, curb, and gutter agreement with the city of Aspen. b. The Final Plat shall indicate a five foot wide pedestrian usable space between the edge of pavement and the property line on both streets. c. The parcels shall meet storm run-off requirements of Section 24-7-1004.C.4.f at the time of development. d. The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public rights-of-way. e. The following information shall be noted on the Final Plat: Any new surface utility needs for pedestals or other equipment must be installed on an easement provided by the applicant and not in the public right-of-way. This should be stated in a general note on the plat. f. The surveyor's certificate, or note on the plat must state that all easements of record as indicated on Title Policy No. ____, dated ____, have been shown hereon. g. The applicant shall consult city Engineering (920-5088) for design considerations of development within public rights-of-way, Parks Department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights-of-way from City Streets Department (920- 5130) . 2. The new Subdivision Plat and Subdivision Exemption Agreement must be approved by the Planning Office and Engineering Department and recorded with the Pitkin County Clerk and Recorder within 180 days of approval by city council. Failure to do so may render the approvals invalid. 3. Prior to the issuance of any building permits, both lots are required to build an Accessory Dwelling Unit (ADU) at the time of construction, pursuant to Section 24-7-1003.A.2.b of the Aspen Land Use Regulations. 4. All material representations made by the applicant in the application and during public meetings with the City council 2 " - shall be adhered to and considered conditions of approval, unless otherwise amended in the conditions. section 2: A public hearing on the Ordinance shall be held on the _ day of 1995 at 5: 00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Fifteen (15) days prior to the hearing a public notice of the hearing 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 Council of the city of Aspen on the day of , 1995. John Bennett, Mayor ATTEST: Kathryn s. Koch, City Clerk FINALLY, adopted, passed and approved this day of , 1995. John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk ord.cc.ls.carisch 3 "'"' Exhibit A - - February 15, 1995 Mary Lackner Aspen/Pitkin County Planning Department 130 South Galena Street Aspen, CO 81611 Re: Application Cor Subdivision Exemption Cor Lot Split Pursuant to Section 7-1003A., Land Use Code: 533 W. Smuggler, Aspen, Colorado Dear Ms. Lackner: As owners of the property located at 533 W. Smuggler, Aspen, Colorado (Lots A, B, C and D, Block 27, City and Townsite of Aspen), we hereby make request for Lot Split approval pursuant to the provisions of Section 7-1 003A. of the Land Use Regulations of the City of Aspen. A completed Land Use Application fonn is attached as Exhibit 1. We intend to act on our own behalf in this matter, although Carol Ann Jacobson, 606 E. Hyman Ave., Aspen, Colorado (925-2811) and Robert Hughes, 533 E. Hopkins Ave., Aspen, Colorado (920-1700) are, as well, authorized to act on our behalf for the purposes of this application. Our property is currently improved with a single family home and carriage house. It is our intention that the existing improvements will remain in their present location and configuration until such time as a building pennit is sought for an additional single family dwelling. At that time, the existing house will either be demolished or relocated. Our requested Lot Split is more fully depicted on the Lot Split Plat prepared by Lines In Space, which is submitted herewith as Exhibit 2. We are also submitting as Exhibit 3, a copy of our real estate tax notice and a copy of our title insurance policy issued by Aspen Title Company disclosing the ownership of the property. A list of adjacent property owners is attached as Exhibit 4. We believe our application complies with the substantive development review standards of Section 7-1003 concerning Lot Splits. The Lot Split is requested for the purpose of the development of one detached single family dwelling, in addition to what already exists upon our property, and the following conditions appear to be met: " ,....,...., Mary Lackner Page 2 February 15, 1995 A. Our property is not located in a subdivision approved by either the Pitkin County Board of Commissioners or the Aspen City Council; B. No more than two lots will be created by our Lot Split request, and both lots will conform to the requirements of the underlying R-6 Zone District; C. Our property has not previously been the subject of an "exemption" within the meaning of Section 7-1003A.2.c.; and D. If our request is granted, we will submit and record a subdivision plat indicating that no further subdivision may be granted for either lot, nor will additional units be built on either lot without receipt of applicable approvals pursuant to Article 7 and the growth management allocation requirements of Article 8 of the Land Use Regulations of the City of Aspen. (g - 10'-1 (~)) The following are submitted herewith in connection with this application: 1. Land Use Application form, together with an application fee in the amount of $1,126.00; 2. Lot Split Plat; 3. Copy of real estate tax notice and a copy of the title insurance policy for our property; and 4. List of all property owners within 300 feet. Thank you for your consideration and, if we can supply you with any further information, please let us know. Sincerely, ~ ~ p...d4 xuu... ',cQ = i....:.... . u> '" - I, , I I, ,-,,-::,,---.'j , I I ~ I I ,J I i I I , I iJ; '!--"I/. i '~" , ' " --' i I 1 If!.! j -., r, /r-, "l...J . (, '!};.,.. -7 "" :1~"':'~~''''>'/''~JrJ;'' -'~--\_'-' I ! i c.....- .-! /f ...,---...;r;f,~l:.t. ' '---, / I',' :,"".,,-,,,< 311.4-II-r. I _ :~'" "'!,"~_r._ '-, '. 'C:: ,.1 , j ........ ... ;') ,,- I~ 1:S I " u ~ " ~ .. .. ~ (j\ "- OJ III i i 4% ~f6 "00 I~,!) , I " , "'-, "-, , OQ - <:JQ .- :l cr ~ ,0 U' '" r- 'j. \I' -0 o o -9 -' o -- ,'...I<~'l_-;'UI ,.----1 I ~ ,^,/ / ) ,OO":)QI ", ) / ,00.0'"11 '" ~ j ~ \ '-" -,:10 , ~ , 3~ ,J '" /".", ,,/ I',t\ "Lj-. .,) ~~ ,~... I '__, , " "'- , ,."" ' ')1" / \ /"- / ,.1-> I ..,; C' I I I -<' ~, 1 t'- ct .J. 0 ~ L1) .,J , ~, I "" I ,~ / -y "- /~, "- / 1 ;1 "bf-< ,o5"f-,1 J'C rn-^'T5 "'l"t}-:>..:j 'OJ'(.' '.,1 .-41 C. I I' --0 ,I , I IV I~ . . 3 er- 0 . If\ ['- '-7' '1 ~ ': Lt o --- " Exhibit B ,.." "--" MEMORANDUM To: Mary Lackner, Planning Office From: Chuck Roth, Engineering Department (ltc Date: March 6, 1995 Re: Carisch Lot Split (533 West Smuggler Street; Lots A, B, C, & D, Block 27, OAT.) Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: 1. Encroachments - The referral application did not include a site improvement survey. Existing fences and the trash area may encroach into the public right-of-way. If so, the plat must include a note that encroachments will be removed at the time of development. 2. Storm Runoff - It should be a condition of approval for the lot split that development or redevelopment of the property meet storm runoff requirements of Section 24-7-I004.C.4.f. lbis would provide for only historic storm runoff to be permitted to leave the site. 3. Sidewalk. Curb and Gutter - The property abuts public rights-of-way of Fifth and Smuggler Streets. The Code requires construction of sidewalk, curb and gutter prior to issuance of a certificate of occupancy for new construction For this lot split and location in the West End, the applicant should be required to sign and notarize a sidewalk, curb and gutter improvement agreement, and provide recording fees, prior to signing the final plat. The agreement will require the applicant to construct such improvements if and when directed by the City. Snow conditions on the date of inspection precluded inspecting existing curb and gutter, if any. If there is existing curb and gutter, and if it is in need of repair, the repair should be required prior to issuance of a certificate of occupancy for any re-development. The final plat should indicate a five foot wide pedestrian usable space between the edge of pavement and the property line on both streets. 4. Driveways and Access - The current development is non-conforming by having two driveways. Any new development will be required to meet current City Code driveway standards. - /""'. '--' 5. Utilities - Any new surface utility needs for pedestals or other equipment must be installed on an easement provided by the applicant and not in the public right-of-way. This should be stated in a general note on the plat. 6. Improvement Districts - The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the neighborhood public rights-of-way. 7. Final Plat - The final plat must meet the requirements of Section 24-7-1004.D. a The surveyor's certificate, or a note on the plat, must state that all easements of record as indicated on Title Policy No. , dated , have been shown hereon. 8. Work in the Public Right-of-way - Given the continuous problems of unapproved work and development in public rights-of-way adjacent to private property, we advise the applicant as follows: The applicant shall consult city engineering (920-5088) for design considerations of development within public rights-of-way, parks department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights-of-way from city streets department (920-5130). cc: Cris Caruso, City Engineer Sharon & George Carisch M95.66 - Exhibit C """ "-" section 24-7-104(C) (1) (a) Review criteria for GMQS Exemption for a Lot Split Lot split. The development of one (1) detached residential dwelling on a vacant lot formed by a lot split granted subsequent to November 14, 1977 pursuant to section 7-1003 (A) (2). In order to be eligible for this exemption, the property need not contain any development on the original lot. Response: The applicant is obtaining an approval for a lot split as specified by this code section. According to the information included in the application package the applicant meets this requirement of the Aspen Municipal Code. 1"'""\ V CVld MEMORANDUM TO: Mayor and Council THRU: Bill Efting, Acting city Manager stan Claus~unity Development Director Mary Lackner, Planner THRU: FROM: DATE: March 13, 1995 RE: Carisch Subdivision Exemption for a Lot Split and GMQS Exemption - 1st Reading of Ordinance 10, series 1995 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The Applicant (Sharon and George Carisch) proposes to divide a 12,000 square foot parcel into two 6,000 sq. ft. lots pursuant to the Lot Split provision of the Aspen Land Use Regulations. The property presently contains one residence that straddles all four lot lines. Each lot will be permitted one single family residence. This application is a one-step subdivision exemption before Council. The Planning Office recommends approval of Ordinance with conditions. city this CONSISTENCY WITH THE ASPEN AREA COMMUNITY PLAN: Lot splits require that development on the new lots provide Accessory Dwelling units that are deed restricted to resident occupancy requirements. Such mitigation will meet the Housing goals of the AACP. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The parcel is located at the southeast corner of W. Smuggler and N. Fifth Street and is zoned R-6. In 1975, implementation of growth management required that all adjacent lots held in single ownership were merged for development purposes. At that time, lot splits were created as a one-time exemption from the full subdivision process. Refer to Exhibit "A" for the application information and proposed plat. REFERRAL COMMENTS: City Engineering- Refer to Exhibit "B" for complete referral memo. CURRENT ISSUES: There are no outstanding issues relative to the Applicant's request for a Lot Split and GMQS Exemption. This application was received prior to the effective date of the new GMQS regulations and is therefore being processed under the old code requirements. Since the existing residence straddles all four lots, this lot split will create a non-conforming situation until the time the (' - """ - existing residence is relocated or demolished. Pursuant to sections 24-7-1003.A.2. (Lot Split) and 24-8-104.C.1.a. (GMQS exemption), staff finds that the review criteria have been met. The specific criteria and staff responses are attached as Exhibit "C". FINANCIAL IMPLEMENTATIONS: None are anticipated. RECOMMENDATION: Planning staff recommends approval of the proposed Lot Split subject to the following conditions: 1. As recommended in the city Engineer's referral comments dated March 6, 1995 the applicant shall: a. Prior to the signing of the Final Plat, the applicant 'shall enter into a sidewalk, curb, and gutter agreement with the City of Aspen. b. The Final Plat shall indicate a five foot wide pedestrian usable space between the edge of pavement and the property line on both streets. c. The parcels shall meet storm run-off requirements of Section 24-7-1004.C.4.f at the time of development. d. The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public rights-Of-way. e. The following information shall be noted on the Final Plat: Any new surface utility needs for pedestals or other equipment must be installed on an easement provided by the applicant and not in the public right-of-way. This should be stated in a general note on the plat. f. The surveyor I s certif icate, or note on the plat must state that all easements of record as indicated on Title Policy No. ____, dated ____, have been shown hereon. g. The applicant shall consult city Engineering (920-5088) for design considerations of development within public rights-of-way, Parks Department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights-of-way from city Streets Department (920- 5130) . 2. The new Subdivision Plat and Subdivision Exemption Agreement must be approved by the Planning Office and Engineering Department and recorded with the Pitkin County Clerk and r" t"""i --. ... f Recorder within 180 days of approval by city council. Failure to do so may render the approvals invalid. 3. Prior to the issuance of any building permits, both lots are required to build an Accessory Dwelling unit (ADU) at the time of construction, pursuant to section 24-7-1003.A.2.b of the Aspen Land Use Regulations. 4. All material representations made by the applicant in the application and during public meetings with the City council shall be adhered to and considered conditions of approval, unless otherwise amended in the conditions. PROPOSED MOTION: ""I move to read of Ordinance &, Series of 1995." "I move to approve the Carisch Subdivision Exemption for a Lot Split and GMQS Exemption for the Lots A, B, C, & D, Block 27, City and Townsite of Aspen at first reading." CITY MANAGER COMMENTS: Exhibits: Ordinance ~, Series 1995 "A" Application information and proposed plat "B" Engineering referral memo "C" Planning staff responses to Code sections 24-7-1003.A.2 and 24-8-104. C.1. a ,-" "-" "'" '-' ORDINANCE NO. ~ (SERIES OF 1995) AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, GRANTING SUBDIVISION EXEMPTION AND GMQS EXEMPTION APPROVAL FOR THE CARISCH LOT SPLIT (LOTS A, B, C, AND D, BLOCK 27, CITY AND TOWNSITE OF ASPEN) WHEREAS, Section 24-7-1003.A.2 of the Aspen Municipal Code provides for city Council approval for lot splits as Subdivision Exemptions; and WHEREAS, the Applicant, Sharon and George Carisch, submitted an application for a lot split and GMQS exemption to the Planning Office; and WHEREAS, the City Engineering Office has provided referral comments on the proposed application; and WHEREAS, the Planning Office reviewed the proposed application pursuant to Section 24-7-1003.A.2 of the Aspen Municipal Code and the comments received from Engineering and recommends approval of the Subdivision Exemption for a lot split with conditions; and WHEREAS, the Aspen city Council having considered the Planning Office I S recommendation and Section 24-7-1003. A. 2 of the Aspen Municipal Code does hereby grant the Subdivision Exemption for the carisch Lot Split. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby grant Subdivision Exemption and GMQS Exemption approval for a lot split pursuant to section 24-7- 1003.A.2 and 24-8-104.C.a of the Aspen Municipal Code subject to the following conditions: ""'"' ./ o 1. As recommended in the City Engineer's referral comments dated March 6, 1995 the applicant shall: a. Prior to the signing of the Final Plat, the applicant shall enter into a sidewalk, curb, and gutter agreement with the City of Aspen. b. The Final Plat shall indicate a five foot wide pedestrian usable space between the edge of pavement and the property line on both streets. c. The parcels shall meet storm run-off requirements of Section 24-7-1004.C.4.f at the time of development. d. The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public rights-of-way. e. The following information shall be noted on the Final Plat: Any new surface utility needs for pedestals or other equipment must be installed on an easement provided by the applicant and not in the public right-of-way. This should be stated in a general note on the plat. f. The surveyor's certificate, or note on the plat must state that all easements of record as indicated on Title Policy No. ____, dated ____, have been shown hereon. g. The applicant shall consult City Engineering (920-5088) for design considerations of development within public rights-of-way, Parks Department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights-of-way from city Streets Department (920- 5130) . 2. The new Subdivision Plat and Subdivision Exemption Agreement must be approved by the Planning Office and Engineering Department and recorded with the Pitkin County Clerk and Recorder within 180 days of approval by city Council. Failure to do so may render the approvals invalid. 3. Prior to the issuance of any building permits, both lots are required to build an Accessory Dwelling unit (ADU) at the time of construction, pursuant to Section 24-7-1003.A.2.b of the Aspen Land Use Regulations. 4. All material representations made by the applicant in the application and during public meetings with the city Council 2 c ""'" -" shall be adhered to and considered conditions of approval, unless otherwise amended in the conditions. section 2: A public hearing on the Ordinance shall be held on the ____ day of 1995 at 5:00 P.M. in the city council Chambers, Aspen city Hall, Aspen, Colorado. Fifteen (15) days prior to the hearing a public notice of the hearing 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 council of the city of Aspen on the day of , 1995. John Bennett, Mayor ATTEST: Kathryn S. Koch, city Clerk FINALLY, adopted, passed and approved this day of , 1995. John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk ord.cc.ls.carisch 3 ;""''''. Exhibit A '-...."'" February 15, 1995 Mary Lackner Aspen/Pitkin County Planning Department 130 South Galena Street Aspen, CO 81611 Re: Application for Subdivision Exemption for Lot Split Pursuant to Section 7-1003A., Land Use Code: 533 W. Smuggler, Aspen, Colorado Dear Ms. Lackner: As owners of the property located at 533 W. Smuggler, Aspen, Colorado (Lots A, B, C and D, Block 27, City and Townsite of Aspen), we hereby make request for Lot Split approval pursuant to the provisions of Section 7-1003A. of the Land Use Regulations of the City of Aspen. A completed Land Use Application form is attached as Exhibit 1. We intend to act on our own behalf in this matter, although Carol Ann Jacobson, 606 E. Hyman Ave., Aspen, Colorado (925-2811) and Robert Hughes, 533 E. Hopkins Ave., Aspen, Colorado (920-1700) are, as well, authorized to act on our behalf for the purposes of this application. Our property is currently improved with a single family home and carriage house. It is our intention that the existing improvements will remain in their present location and configuration until such time as a building permit is sought for an additional single family dwelling. At that time, the existing house will either be demolished or relocated. Our requested Lot Split is more fully depicted on the Lot Split Plat prepared by Lines In Space, which is submitted herewith as Exhibit 2. We are also submitting as Exhibit 3, a copy of our real estate tax notice and a copy of our title insurance policy issued by Aspen Title Company disclosing the ownership of the property. A list of adjacent property owners is attached as Exhibit 4. We believe our application complies with the substantive development review standards of Section 7-1003 concerning Lot Splits. The Lot Split is requested for the purpose of the development of one detached single family dwelling, in addition to what already exists upon our property, and the following conditions appear to be met: '" .......... , Mary Lackner Page 2 February 15, 1995 A. Our property is not located in a subdivision approved by either the Pitkin County Board of Commissioners or the Aspen City Council; B. No more than two lots will be created by our Lot Split request, and both lots wiH conform to the requirements of the underlying R-6 Zone District; C. Our property has not previously been the subject of an "exemption" within the meaning of Section 7-1003A.2.c.; and D. If our request is granted, we will submit and record a subdivision plat indicating that no further subdivision may be granted for either lot, nor will additional units be built on either lot without receipt of applicable approvals pursuant to Article 7 and the growth management allocation requirements of Article 8 of the Land Use Regulations of the City of Aspen. (g-I 0 '" (~)) The following are submitted herewith in connection with this application: 1. of $1,126.00; Land Use Application form, together with an application fee in the amount 2. Lot Split Plat; 3. our property; and Copy of real estate tax notice and a copy of the title insurance policy for 4. List of all property owners within 300 feet. Thank you for your consideration and, if we can supply you with any further information, please let us know. Sincerely, fir..d6 >fUU. ~ ~ ~ ~ ~ ~ ~ ~~.,- L" , .J- \: I -;l '" .. --$ <^ '> OJ ClG aC> - -::l cr ~ ,0 iJ' It; " )i Ii' I I' I, I L~ >..S, ~n_ '>00 I~~ I I " u ~ " I " "- "'-, III '0 o o -!l o r ....../ ,'J'-./'(_JU! :; 0\" Lt~ ,',.~~" ,,1--.1 '.' "'- " "'-, ) / --'it- ~D ol () \J () ~~ "" / U-i , >>, ~ ~~>, ^'/ ~) \ / I / " '" /' 1 .' .000';::)<::::11 I \ " / ~bh.o%,~hlJ'C "'/ ~ \ '-0 -:lO , ~ , " " I ~'f 'i //~ ~ "" 4' I " / .,> " / ~I ,,_/ r ,OO'O'-il "3 "or. ,o5"hlJ[ rOil.Nts ",.),?.::J 'ox ~,! --Ii C' --0 I' -+' C' r u ~ -<' v e, " L' c{ .:1 LI 0 \f1 3 ~1.\ 0- o , Ifi r- c,J '1 -,> ^ , I ~ 11 o ------ -. Exhibit B '1 ,-, MEMORANDUM To: Mary Lackner, Planning Office From: Chuck Roth, Engineering Department e 1C Date: March 6, 1995 Re: Carisch Lot Split (533 West Smuggler Street; Lots A, 8, C, & D, Block 27, OAT.) Having reviewed the above referenced application, and having made a site inspection, the Engineering Department has the following comments: I. Encroachments - The referral application did not include a site improvement survey. Existing fences and the trash area may encroach into the public right-of-way. If so, the plat must include a note that encroachments will be removed at the time of development. 2. Storm Runoff - It should be a condition of approval for the lot split that development or redevelopment of the property meet storm runoff requirements of Section 24-7-I004.C.4.f. This would provide for only historic storm runoff to be permitted to leave the site. 3. Sidewalk. Curb and Gutter - The property abuts public rights-of-way of Fifth and Smuggler Streets. The Code requires construction of sidewalk, curb and gutter prior to issuance of a certificate of occupancy for new construction For this lot split and location in the West End, the applicant should be required to sign and notarize a sidewalk, curb and gutter improvement agreement, and provide recording fees, prior to signing the final plat. The agreement will require the applicant to construct such improvements if and when directed by the City. Snow conditions on the date of inspection precluded inspecting existing curb and gutter, if any. If there is existing curb and gutter, and if it is in need of repair, the repair should be required prior to issuance of a certificate of occupancy for any re-development. The final plat should indicate a five foot wide pedestrian usable space between the edge of pavement and the property line on both streets. 4. Driveways and Access - The current development is non-conforming by having two driveways. Any new development will be required to meet current City Code driveway standards. , , c o 5. Utilities - Any new surface utility needs for pedestals or other equipment must be installed on an easement provided by the applicant and not in the public right-of-way. This should be stated in a general note on the plat. 6. Improvement Districts - The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the neighborhood public rights-of-way. 7. Final Plat - The final plat must meet the requirements of Section 24-7-1004.D. a. The surveyor's certificate, or a note on the plat, must state that all easements of record as indicated on Title Policy No. , dated , have been shown hereon. 8. Work in the Public Rjght-of-way - Given the continuous problems of unapproved work and development in public rights-of-way adjacent to private property, we advise the applicant as follows: The applicant shall consult city engineering (920-5088) for design considerations of development within public rights-of-way, parks department (920-5120) for vegetation species, and shall obtain permits for any work or development, including landscaping, within public rights-of-way from city streets department (920-5130). cc: Cris Caruso, City Engineer Sharon & George Carisch M95.66 "''' Exhibit C /"', ........,./ section 24-7-104(C) (1) (a) Review criteria for GMQS Exemption for a Lot Split Lot split. The development of one (1) detached residential dwelling on a vacant lot formed by a lot split granted subsequent to November 14, 1977 pursuant to section 7-1003 (A) (2) . In order to be eligible for this exemption, the property need not contain any development on the original lot. Response: The applicant is obtaining an approval for a lot split as specified by this code section. According to the information included in the application package the applicant meets this requirement of the Aspen Municipal Code. c """" - PUBLIC NOTICE RE: CARISCH SUBDIVISION EXEMPTION FOR A LOT SPLIT' GKQS EXEMPTION NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, April 10, 1995 at a meeting to begin at 5:00 p.m. before the Aspen City Council, City Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by George and Sharon Carisch, requesting approval for a subdivision exemption for a lot split to divide a 12,000 square foot lot into two 6,000 square foot lots. The property is located at 533 W. Smuggler; Lots A - D, Block 27, City and Townsite of Aspen. For further information, contact Mary Lackner at the Aspen/Pitkin Community Development Department, 130 S. Galena st., Aspen, CO 920-5106 stJohn Bennett. Mavor Aspen city Council Published in the Aspen Times on March 24, 1995 ----------------------------------------------------------------- ----------------------------------------------------------------- City of Aspen Account , J.,.. (~rJN,. :JD-Lbb~7rf\ 3/2z ).. A/ II /( (CYt:U;) / U n 1~ (Wl-V-' - r v) ~'11l jtY\__ /,) - 1""'\ -- , . -~ ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone 920-5090 FAX 920-5439 MEMORANDUM TO: FROM: RE: City Engineer Mary Lackner, Planner DATE: Carisch Lot Split Parcel ill No. 2735-124-10-001 February 23, 1995 Attached for your review and comments is an application submitted by George & Sharon Carisch. Please return your comments to me no later than March 3. Thank you. I ~.._"~_.,,"_ ,-, Exh/b/f .:1- r.... ,".. .... - ASPEN/PITKIN PLANNING OFFICE A reement for Pa ment of Cit of As en Develo ment A Iication Fees S h.4 R 0 .<J c:;; CA.(?,' $ .... t> CITY OF ASPEN (hereinafter CITY) and G~.r)e- L CA.Ris c- k (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for C A (( ( S c H- LOr SfL/ / (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 77 (Series of 1992) establishes a fee structure for Planning Office applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project approval, unless current billings are paid in full prior to decision.- ^ '-' ........ - 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 112-'-.- which is for b hours of Planning Office time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. CITY OF ASPEN APPLICANT ~~ . ~.r:;::? - _ .A"a L ~ By:ShA-6?........ ...- Gecr1e ~A-C:<I'S.c-L... Mailing Address: /.171&.b L,.k....../....... ~ jj e ep h6 ve-;J. m /oJ .r- S~ "51 Date: ~ ~ t /?s- By: ~ }Y)Wte Diane Moore City Planning Director 2 -....--- ----.. -,- .&I)//;;r3 r -+----^ '8 POLICY NO. OM 876513 Rate S 912.00 SCHEDULE A Date of Policy November 4, 1982 at 9: 55 AM Amount of Insurance S 420,000.00 Related Commitment No. C449566 File No. A82-336 1. Name of Insured: George L. Carisch and Sharon G. Carisch 2. The estate or mterest In the land described herein and which is covered by this policy is: Fee Simple 3. The estate or interest referred to herein is at date of policy vested in: George L. Carisch and Sharon G. Carisch 4. The land referred to in thIS policy is situated in the County of Pitkin State of Colorado and is described as follows: ~i '...~ Lots A, B, C and D Block 27 CITY AND TOWNSITE OF ASPEN ( , Countersigned and Validated BY ~M\00I'.dCL AUTHOR I REPRESENTATIVE ASPRN TITLE COMPANY, LTD. FORM T-424{A) (4/775 Al TA Owner.os Pollcv - Form B tAmended 1O/17i701 ". ..... bh/h/r- ~ ......,. - ,... ~ ~ ~ ... ~ ~ m ~ S jii ~ ~ ... c ~ ~ ~:. ~ '0) '"' ~ Q '1 8 - V) 6' ~ 0(\ Cl -:-~ m Z ~ m '"' - > ~.~. ~ 0"- ... c ~ 3: '" ~ ~ m < -< ~ ~ . . .-J "~ ;.',.-,. ~'" ...d '~:.""'-:;" . ~" .' - . . ". ..' :=z . 'J ::;, ...- ,.~.. _.__..;/'-- c: . \.," = V. 2: J I. I I ,"0 . r . .' l , ..'lo,. ,- y t 1../ '-. , - ;} ~99~>~ ... ~~liigjlll~ ~~-<~~Q~~i ~Sl lil ~>Ii .:. CS '" II> Ii " ... " '" . !l. l ~ i"- ~ g-;" ll'~ J' - - .,. ... - Q ~ ./. J' . oJ :r ceo..... . . t . - -.- - - - - - ..;........ . - j... ~-< ~ :. ~ ~ ",... "'0 ~ ~z ':: (". -4-. ~ ~ .. "=' .,. = > n"., .. '"t'." ;<:""": o '. ~ . "\ _. .f "l \. -0 ." :z :: ....,; "'..... -.,. ""&0 ...." ~ . . .,.'" "'&0 0,," ec- - J' ~z ........ ::>::> ",-~'" )oo.J:" ~ > ..., ~ -.; 0 rr C'"""- - f'7O;j":.J) u: ~t""'" _r-== = >.. - :c::o: .. r- "". :-: <='-} 3.->:=.. z .,.." ~ Xt <~ :: c;:: Jl ="" 1",.- :> ~<;-;~ ''''''; i. . -z .~ .... ): o' f >< :: . '" Z 0 -I - n 1ft i" ." ... . ,,:- ~ - - " - -- z ~?= n 0 UI - c: :::It"'> Z Oc- .. ro: -c 0 .. ::to t~" Jll ,.... "' =- J> III .- c: .... Jll "' ,- Jll ~ -'" :7- :> -- - >J>>>,..~_('"".~=-:- ~~";;n'-";",=z,,- yc:'"t:~"t:-=rnl""- Fe: ~...:::l Z::o: 'r-n."z c.r.- >':>....~ % ~Z Z :: X" co< < > ~~~ %-- ,.. - .c :'\JC.... ......i"N..c C>>1,,/lV'.c:rO-....~\.HO" -t\.;C"....ft;:J':'""''''C- . . . . . . . . . . f""~...JJ~,,. no. .I) .1:1 .... '" t\. c: -- ~i '. E?)~))/r 4" I ~.. LIST OF REAL ESTATE OWNERS WITHIN 300 FEET Richard Becker Kendall 17975 Porto Marina Way Pacific Palisades, CA 90272 Patricia Crown-Tapper 5 Polo Club Drive Denver, CO 80209 John C Oxley, Trust Attn: Barbara Walker 1 W Third Ste 1300 Williams Tower Tulsa, OK 74103 Charles B. Isreal PO Box 11689 Aspen, CO 81612 518 W Francis, L.P. A Colorado Partnership 615 Peachtree Ste 1150 Atlanta, GA 30308 Murray Gell-Mann Harry & Shirley Gray Trust 452-48 California Inst. Pasadena, CA 91125 Sam Fox Marilyn Fox 770l Forsyth Clayton, MO Blvd 63105 suite 600 Marjory M Musgrave 629 W North st. Aspen, CO 81611 Thomas A & Nell F Waltz James H & Mary F Breglund 10666 No. Torrey pines LaJolla, CA 92037 David R Koehler, Trust 618 W Smuggler Aspen, CO 81611 Marcia A Corbin Box 9312 Aspen, CO 81612 , '. r', ....~ ...,"" page 2 John C Oxley 1300 williams Tower 1 Tulsa, OK 74103 John C Oxley 1300 Williams Tower 1 Tulsa, OK 74103 609 Corporation A Colorado Corporation PO Box 1819 Aspen, CO 81612 Charles Hall Box 1819 Aspen, CO 81612 VEJ & AJD Partnership LLC A Colorado Limited Liability Company 85 Glen Gary Dr. Aspen, CO 81611 VEJ & AJD Partnership LLC A Colorado Limited Liability Company 85 Glen Gary Dr. Aspen, CO 8l6ll Helen R Scales 626 W Francis st Aspen, CO 81611 Frying Pan Equity Venture, Inc. % Garfield & Hecht 60l E Hyman Ave. Aspen, CO 81611 Jack Silverman 612 W Frances Aspen, CO 81611 John E & Nancy M Thorpe 615 West Francis Aspen, CO 816ll Linda McCausland PO Box l584 Aspen, CO 81612 Sheri A Hirschfield Robert E Hirschfield as joint tenants 5895 SW 91st st Miami, FL 33156 ~ ~. - ...... page 3 Don N Stapleton David E Stapleton PO Box 5246 Snowmass Village, co 81615 Lucy Sharp Dikeou 25 Polo Club Circle Denver, CO 80209 Robert I Blaich Janet S Blaich 319 N Fourth st Aspen, CO 81611 Shirley S Small Albert H Small-Tenants in common 7116 Glenbrook Road Bethesda, MD 20814 Lowell & Eleanor Meyer 517 W North Street Aspen, CO 81611 Barnett C Helzberg, Trustee 5805 Mission Dr. Shawnee Mission, KS 66208 James F Keenan Susan G Keenan Nicholas G Keenan, Trust 150 Clarke Ave. Palm Beach, FL 33480 Dr. Henry P Plenk Dr. Agnes M Plenk 865 So. Monument Park Circle Salt Lake City, UT 84108 Robert L O'Neill II James B & Della Harder 2739 N Elston Ave Chicago, IL 60647 Kathine Thalberg 434 W Smuggler Aspen, CO 81611 Thomas J Hoffmaster %Mill Creek Farms RR # Range Line Road Clintonville, WI 54929 . <. I"" \..... Hubert D chisholm 1066 Boundary st SE Olympia, WA 98501-1663 cecil M & Noelle C. Hernandez 432 West Francis st Aspen, CO 81611 Donald G & Suzanne U. Swales Box 1596 Aspen, CO 8l6l2 George A Kellner Martha B Kellner 117 E 78th st New York, NY 10021 """ - page 4 This list was compiled by George Carisch on February 13, 1995. This list will be attached to a request for Lot Split for; 533 W Smuggler Aspen .:;~ , ~ .; ., .---.-...--- I City of Aspen o Pre-Application Conference tfmary Md rV &11 fitly iJR/9S Planner Date Project (0 r I~rh Applicant's Representative Representative's Phone Owner's Name GetJrte. v II) f Jp It/ . (1I/2/scH ,/,2& -l7lb / (iPld) '171- ~'ll Type of Application Description of the project/development being requested S tl? ~ <JMWI(?v 533 tV. S1.('::f.5/1'r- I MIlse ~ rfD.JJ/"(jI 10.,'-- (on - (,;,1/ 101, tJOIJ.r P/ruP , The applicant has heen requestcd to respond to the following items and provide the follQwing reports: Land Use Code Section Commenls 7-/003 (A)(Z) fl.lo&/ Ie ) J',Acl/V~Jit):--' uhu/.1l0.-, ,-Ib.- /01 S,P Ir 1- , . GtLf os _f K .PA.'f'Ito''I ~ to!.s;p 1,1 . tf~(//~ - ~v C~0:-/~-, II(v ~~::: Gpl-ef:t~f rlr'r4/ -fj d~f b, tt f/J/J4i h f., ~. The review is: (P&Z only) <<:C o~(P&Z and CC) . . ~\ ~ .J1"j "I" M7I c<J'/'Ld d Public Hearing: ~ ~- . . /0 ,,/_i./;' icuj . Deposit for the Application Review: cI /0';/0 Rererral agency nat fees: ./ 9' b TOTAL DEPOSIT '" / I rJ 6 (Additional hours are billed at a rate of $~/hr.) '1/&7 lAy. Referral Agencies Ell q / H'JR' v To Apply Submil the Following lufunnalion: ~ ~ ~ ~ 10. Proof of ownership. Signcd fce agreement. Applicant's name, address and telephone numher in a letter signed by the applicant which also stales the name, address and telephone number of the representative. Tutal deposit for review of the application $ / !.:?{, . ;!--1L- copies uf the complete applicatiun packet and maps. Summary letter explaining the request (existing conditions and proposed uses), ineluding street audress and legal description of the property. An 8 112" hy II" vicinity lIlap locating lhe parcel within the City uf Aspen. Site plan shall ineluue properly bounuaries, lot size, proposeu access, anu physical features (urainageways, ~treallls, rivers, ete.) - Lo! s,M fl,+- s ~ /La . &dl~/I.I.M (fit!.f' ..ItJIIrZ1-1J 1;J'I-~.1 (Y te" 0 '? These items l1eeu to be submitled if circleu: ~ List of adjacent property owners within 300 feet ur the subject properly with audresses. )l. Site photos. h._ r r I - ~PEN/PITKIN PLANNING OFFICe> 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 FAX# (303) 920-5197 February 23, 1995 George & Sharon Carisch 19760 Lakeview Ave. Deephaven, MN 55331 Re: Carisch Lot Split Case A17-95 Dear George & Sharon, The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. We have scheduled this application for 1st Reading before the Aspen City Council on Monday, March 13, 1995 at a meeting to begin at 5:00 p.m. Second Reading and Public Hearing will be on April 10, 1995. Should these dates be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda dates will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting dates, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to mail notice to property owners within 300' and to post the subject property with a sign at least ten (10) days prior to the public hearing. Please submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing prior to the public hearing. If you have any questions, please call Mary Lackner, the planner assigned to your case, at 920- 5106. Sincerely, ~~ Suzanbe L. Wolff Administrative Assistant cc.pb Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 . .~ City Land Use Application Fees: 00113-63850-041 Deposit -63855-042 Flat Fee -63860-043 HPC _ ;. -63875-046 Zoning & Sign Permit MROI1 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: . ,00113-6<3810-035 00115-63340-163 00123-63340-190 00125-63340-205 . . .--.---00 --ft"Z 6 ~Jo ({/) County Engineer .,. City Engineer __ '7 (, . gi)-- -== Housing Enviromental Health:' Sales: 00113-63830-039 -69000-145 Connty Code Copy Fees Other N_~ ~~cL Address: 53l~~a ~ -:4 7..-.n 'f Phone: TotaL_1L260~__. "'''2-169Sc'"';ir~ projectCA~~ Case No: No. of Copies ZCop-;r;-~ / --;/F.::.J