HomeMy WebLinkAboutcoa.lu.ex.Carisch 2735-124-10-001 A 17-95
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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
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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
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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
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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
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.,
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
.
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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.
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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:
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,..,
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
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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
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Exhibit A
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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,
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Exhibit B
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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.
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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
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Exhibit C
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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.
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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
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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
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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
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--.
... 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
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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:
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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
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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.
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Exhibit B
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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.
,
,
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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
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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.
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-
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\__ /,)
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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 ~.._"~_.,,"_
,-,
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-
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.-
^
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........
-
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
~~
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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
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'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:
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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
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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
,
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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
~
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......
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
.
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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
.:;~
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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/
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(1I/2/scH
,/,2& -l7lb / (iPld) '171-
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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:
~
~
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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
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County Engineer .,.
City Engineer __ '7 (, . gi)-- -==
Housing
Enviromental Health:'
Sales:
00113-63830-039
-69000-145
Connty Code
Copy Fees
Other
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Address: 53l~~a ~
-:4 7..-.n 'f
Phone:
TotaL_1L260~__.
"'''2-169Sc'"';ir~
projectCA~~
Case No:
No. of Copies ZCop-;r;-~
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