HomeMy WebLinkAboutcoa.lu.ex.Elmore Subdision.52A-89
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CASELOAD SUMMARY SHEET
city of Aspen
DATE RECEIVED: 5(d~/?9
DATE COMPLETE: 'S' 1.~ ~
PARCEL ID AND CASE NO.
2737-182-28-001 52A-89
STAFF MEMBER: 4-s \ ,oe..
PROJECT NAME: Elmore Subdivision Exemption and GMOS Exemption for
a Lot Split
Project Address:
Legal Address:
801 East Hvman Avenue
Lots A. B. C & D. Block 111
APPLICANT: John Elmore
Applicant Address:
REPRESENTATIVE: Sunnv Vann. Vann Associates
Representative Address/Phone: 230 East Hopkins Avenue
Aspen. CO 81611 5-6958
PAID: YES NO AMOUNT:
$780.00 NO.
TYPE OF APPLICATION:
1 STEP:
OF COPIES RECEIVED:
/
4
2 STEP:
P&Z Meeting Date
PUBLIC HEARING: YES
NO
(
CC Meeting Date 'J "'-"-\o;z-l:>
VESTED RIGHTS: YES
PUBLIC HEARING: @
VESTED RIGHTS: ~
NO
NO
NO
Planning Director Approval:
Insubstantial Amendment or Exemption:
Paid:
Date:
REFEJffiALS :
V city Attorney
~ City Engineer
Housing Dir.
Aspen Water
city Electric
Envir. Hlth.
Aspen Consolo
S.D.
Mtn. Bell
Parks Dept.
Holy Cross
Fire Marshall
Building Inspector
Roaring Fork
Energy Center
School District
Rocky Mtn Nat Gas
State Hwy Dept(GW)
State Hwy Dept(GJ)
Other
DATE REFERRED:
S- /cJ-& / P1
INITIALS:
AI-
,
FINAL ROUTING:
___ City Atty )(
___ Housing ~
DATE ROUTED: INITIAL:
City Enq;in~r . Y ZonilW ___ Env. Health
other:::t::GJc.!.,.S ;:::::::3dPc - ~~x~
FILE STATUS AND LOCATION:
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604 PAGE642
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SUBDIVISION AGREEMENT FOR LOTS A, B. C AN9 D
BLOCK 111. CITY AND TOWNSITE OF ASPEN~
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THIS AGREEMENT is made this /~ day of
() d:J6-t< , 1989, between JOHN A. ELM6RE II (the "Owner"), and
THE CITY OF ASPEN, a municipal corporation (the "City").
RECITALS
WHEREAS, Owner owns that certain real property (the
"Property") located in the city of Aspen, county of Pitkin
legally described as:
Lots A, B, C and D, Block 111, city and
Townsite of Aspen, County of Pitkin,
State of Colorado; and
WHEREAS, on June 26, 1989, the city Council of the City
of Aspen granted approval pursuant to section 7-1003(A) (2) of the
Municipal Code of the City of Aspen (the "Code") to split the
Property into two separately developable properties, known as:
Lots 1 and 2, Elmore Lot Split; and
WHEREAS, the approval of such lot split by the City was
conditioned upon the Owner complying with certain requirements,
including the entering into and execution of a Subdivision
Improvements Agreement for the Property; and
WHEREAS, the Owner has submitted to the City for
approval, execution and recordation a plat for the Property (the
"Plat") and the city agrees to approve, execute and record the
Plat on the agreement of the Owner to the matters described
herein, subject to the provisions of the Code and other
applicable rules and regulations; and
WHEREAS, the City has imposed conditions and
requirements in connection with its approval, execution and
acceptance of the Plat and such matters are necessary to protect,
promote and enhance the public health, safety and welfare, and
pursuant to the code, the City is entitled to assurances that the
matters set forth herein will be faithfully performed by the
Owner and the Owner's successors and assigns; and
WHERSAS, the Owner is willing to enter into such
agreement with the City and to provide assurances to the City;
NOW, THEREFORE, in consideration of the mutual
covenants contained herein, and the approval, execution and
acceptance of the Plat for recordation by the city, it is agreed
as follows:
RIJlIK 6;]4 PAGE 643
AGREEMENT
1. Description of proiect. The Project which the
City Council approved consists of two conforming lots with
exemptions from the Growth Management Quota System for a free-
market single-family residence on each. As required by Ordinance
#47, Series of 1988, an Accessory Dwelling unit will be
constructed in any single-family home built upon the property.
2. Acceptance of Plat. Upon execution of this
amended agreement by all parties hereto, the City agrees to
approve and execute the final plat for the Project submitted
herewith and reduced-size copies of which are attached hereto as
Exhibit A, which conforms to the requirements of section 7-1004
of the Code. The City agrees to accept such plat for recording
in the office of the Pitkin County Clerk and Recorder, upon
payment of the recordation fee and cost to the city by Owner.
3. Construction schedule and Phasinq. The City and
the Owner mutually acknowledge that exact construction schedules
cannot be determined at this time. However, it is anticipated
that construction of the Project will begin no later than three
years from the vesting of the Owner's property rights in the
Project.
4. Public Improvements.
a. Sidewalks. The Owner will construct, prior
to the issuance of a Certificate of occupancy for any development
of the project, sidewalks in accordance with applicable City of
Aspen Engineering Department standards in conjunction with his
development of the Project. These sidewalks will be located in
the public right-of-way adjacent to East Hyman Avenue and Monarch
Street. The sidewalk shall be approximately two hundred twenty
(220) linear feet in length and is anticipated to cost
approximately $3000.00.
5. Securitv for public improvements. In order to
secure the performance of the construction and installation of
the public improvements described above, the Owner shall provide
a bond, letter of credit, cash or other guarantee in a form
satisfactory to the City Attorney in the sum of $3,000.00. Said
guarantee will be delivered to the City prior to the issuance to
the Owner of a building permit for the Project. The guarantee
documents shall give the City the unconditional right, upon clear
and unequivocal default by the Owner in his obligations specified
herein, to withdraw funds against such security sufficient to
complete and pay for installation of such public improvements.
As portions of the improvements are completed, the city Engineer
- 2 -
BOOK tJU4 PAGE644:
shall inspect them, and upon approval and acceptance, he shall
authorize the release of the agreed estimated cost for the
improvements. The Owner shall require all contractors to provide
a warranty that all improvements were constructed to accepted
standards of good workmanship for the benefit of the city for the
installation of the public improvements described herein for one
year from the date of acceptance. In the event that any existing
municipal improvements are damaged during Project construction,
on request by the city Engineer, a bond or other suitable
security for the repair of those municipal improvement shall be
provided by Owner to the city.
6. utilitv Easements and encroachments. utility
easements, including a 4 foot by 4 foot easement at the southwest
corner of Lot 1, and a 6 foot by 8 foot (along the alley) by 14
foot high utility easement at the southeast corner of Lot 2, in
the location as shown on the Plat, are dedicated by the Owner for
the benefit of the City and public utility companies. The plat
shall contain a note that the existing encroachments shall be
removed at the time of new construction on the Project.
7. Drainaqe. Prior to issuance of a building permit
for the Project, a drainage plan shall be submitted in accordance
with section 7-1004(C) (4) (f) of the Code and approved by the
Engineering Department to maintain the historic drainage patterns
on the Property.
8. Drivewav, qaraqe and parkinq. Before the issuance
of a certificate of Occupancy for any development of Lot 1 of the
Project, the existing driveway from original street will be
removed. Any garage or parking for the Project shall be accessed
off the existing alley on the south of the Project, rather than
from East Hyman Avenue or South Original street.
9. Trees. None of the trees along East Hyman Avenue
or South Original Street shall be removed in order to construct
the Project.
10. Material Representations. All material
representations made by the Owner on the record to the City in
accordance with the approval of the Elmore Lot Split shall be
binding on the Owner, heirs, assigns and successors in interest.
11. Enforcement. In the event the city maintains
that the Owner is not in substantial compliance with the terms of
this Agreement or the final Plat, the City council may serve a
notice of noncompliance and request that the deficiency be
corrected within a period of 45 days. In the event the Owner
believes that he is in compliance or that the noncompliance is
- 3 -
BOOK 6U4 PAIJE645
insubstantial, the Owner may request a hearing before the City
Council to determine whether the alleged noncompliance exists or
whether any amendment, variance or extension of time to comply
should be granted. On request, the city shall conduct a hearing
according to its normal procedures and take such action as it
then deems appropriate.
12. Notices. Notices to the parties shall be sent by
United states certified mail to the addresses set forth below or
to any other address which the parties may substitute in writing.
To the Owner:
John Elmore
P.O. Box 381
Wrightsville Beach, N.C. 28480
To the City of Aspen:
City Manager
130 South Galena
Aspen, Colorado
street
81611
with a copy to:
City Attorney
130 South Galena Street
Aspen, Colorado 81611
13. Bindinq Effect. The provisions of this Agreement
shall run with and constitute a burden on the land on which the
Project is located and shall be binding on and inure to the
benefit of the Owner's, assigns, heirs and successors in interest
and the City'S successors, personal representatives and assigns.
14. Amendment. This agreement may be altered or
amended only by written instrument executed by the parties.
- 4 -
15. Severabilitv. If any of
agreement are determined to be invalid,
rema~~g provisions hereof.
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A. ELMORE II
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
WILLIAM
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BOOK 604 PAGE646
the provlslons of this
it shall not affect the
THE CITY OF ASPEN, a municipal
corporation
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WILLIAM L.. STIRLING,
My Commission expires:
My Commlaalon oxp/I8s9l27192
Acknowledged before me a 'U?JZ (,y-,'":),':)
A. ELMORE II.
My commission expires: 2y7C-7C70'
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~~~!~~;~~~ witness my hand and official seal.
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, 1983 by JOHN
ICO/l./l dt1 JfJr.vn;-2!J1Z
Notary Public
- 5 -
CASE SUMMARY
AUGUST 15, 1989
PLANNER: Leslie Lamont
ASPEN CITY COUNCIL JUNE 26, 1989:
and Subdivision exemptions and Lot
with the following conditions:
The Council approved the GMQS
Split for the Elmore property,
1. A final plat shall be filed with the Engineering Department
which meets the requirements of Section 24-7.1004(D) (1) (a).
2. The plat shall contain a note which states that the
encroachments will be removed at the time of new construction.
3. Easements, in the event they are required, shall be approved
by the Engineering Department and indicated on the final plat.
4. Prior to the issuance of a building permit a drainage plan
shall be submitted to and approved by the Engineering Department
to maintain the historic drainage patterns.
5. Before the issuance of a C.O., the existing driveway from
Original Street shall be removed and sidewalks installed on Hyman
and Original.
6. The final plat shall include a prohibition against further
subdivision and a requirement that additional development shall
comply with the applicable provisions of the Land Use
Regulations.
9-4
7. The trees along E. Hyman Avenue and South Original Street
shall not be removed.
8. Any garage or parking shall be accessed off the alley and not
off of Hyman.
ASPEN CITY COUNCIL JULY 10, 1989: Council unanimously passed
Ordinance 42 on first reading. Ordinance 42 establishes vested
rights for the Elmore Lot Split.
ASPEN CITY COUNCIL AUGUST
Ordinance 42 (Series 89)
rights for the Elmore Lot
14, 1989:
on Second
Split.
Council unanimously approved
Reading establishing vested
5
,
MEMORANDUM
TO:
Aspen city council
THRU:
Robert S. Anderson, Jr., City Manager
Leslie Lamont, Planning Office ~
FROM:
RE:
First Reading Elmore Vested Rights
DATE:
July 5, 1989
-----------------------------------------------------------------
-----------------------------------------------------------------
SUMMARY: At the June 26, 1989 city council meeting approved with
conditions the Elmore lot split at 801 East Hyman Avenue.
Pursuant to section 6-207, the applicant also requested to
establish vested property rights which requires a Vested Rights
Ordinance and two readings before Council. At the June 26 public
hearing, the Planning Department was unable to provide council
wi th the Vested Rights ordinance for a first reading. Please
find attached Ordinance for Council to review at their
July 10, 1989 meeting.
STAFF RECOMMENDATION: Staff recommends that
approve the first reading of the Vested Rights
Elmore lot split at 801 East Hyman Avenue.
the City Council
Ordinance for the
PROPOSED MOTION: I move to read Ordinance
approve on first reading Ordinance
I move to
CITY MANAGER RECOMMENDATIONS:
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO.
section 1
The City Council of the City of Aspen, as a consequence of
its approval of the 801 East Hyman Avenue Lot Split and site
specific development plan/final plat, and pursuant to section 6-
207 the Municipal Code of the City of Aspen, hereby vests
development rights in the 801 East Hyman Avenue Lot Split site
specific development plan/final plat for a period of three (3)
years from the effective date hereof. However, any failure to
abide by any of the terms and conditions attendant to this
approval shall result in the forfeiture of said vested property
rights. Failure to properly record all plats and agreements
required to be recorded by this Code shall also result in the
forfeiture of said vested property rights.
Section 2
The approval granted hereby shall be subject to all rights
of referendum and judicial review; except that the period of time
permitted by law for the exercise of such rights shall not begin
to run until the date of publication of this ordinance following
its adoption.
section 3
Zoning that is not part of the site specific development
plan approved hereby shall not result in the creation of a vested
property right.
Section 4
2
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continued and concluded under such prior ordinances.
section 8
A public hearing on the Ordinance shall be held on the
day of 1989, at 5:00 P.M. in the City council Chambers,
Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to
which hearing notice of the same shall be published once 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
, 1989.
william L. Stirling, Mayor
ATTEST:
KathrYn S. Koch, City Clerk
FINALLY, adopted, passed and approved this
, 1989.
day of
william L. Stirling, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
II.elmoreord1
4
MEMORANDUM
TO:
Aspen City Council
THRU:
Robert S. Anderson, Jr., city Manager
FROM:
Leslie Lamont, Planner
RE:
Second Reading, Ordinance 42, Elmore Vested Rights
DATE:
August 9, 1989
--------------------------------------------------------------
--------------------------------------------------------------
SUMMARY: The planning Department recommends Final approval of
Ordinance 42 (Series of 1989) on Second Reading.
BACKGROUND: At the June 26, 1989 City Council meeting, Council
approved with conditions the Elmore lot split at 801 East Hyman
Avenue. Pursuant to section 6-207, the applicant also requested
to establish vested property rights which require a Vested Rights
Ordinance and two readings before Council.
city Council unanimously passed Ordinance 42 on first reading on
July 10, 1989.
STAFF RECOMMENDATION: Staff recommends that the City Council
approve the Second Reading of the Vested Rights Ordinance for the
Elmore Lot Split at 801 East Hyman Avenue.
PROPOSED MOTION: "I move to approve Ordinance 42 (Series 1989)
on Second Reading."
CITY MANAGER RECOMMENDATIONS:
ORDINANCE No.LleD
(Series of 1989)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN VESTING THE
DEVELOPMENT RIGHTS FOR THE 801 EAST HYMAN AVENUE LOT SPLIT IN THE
SITE SPECIFIC PLAN/FINAL PLAT
WHEREAS ,
John Elmore has submitted a final plat to the
Aspen city council for approval of the 801 East Hyman Avenue Lot
Split; and
WHEREAS, the Aspen City Council reviewed and approved said
final plat at a duly noticed public hearing on June 26, 1989; and
WHEREAS, the City council finds that the final plat for 801
East Hyman Avenue constitutes the site specific development plan
for the property; and
WHEREAS, John Elmore has requested that the development
rights for the 801 East Hyman Avenue Lot Split, as defined and
approved in the 801 East Hyman Avenue Subdivision Agreement, site
specific development plan/final plat, more specifically described
in Exhibit "A", be vested pursuant to section 6-207 of the Aspen
Municipal Code in the site specific development plan/final plat;
and
WHEREAS, the Aspen City Council desires to vest development
rights in the 801 East Hyman Avenue site specific development
plan/final plat pursuant to section 6-207 of the Municipal Code
of the city of Aspen for a period of three years from the
effective date hereof subject to the terms and conditions
contained in the Subdivision at 801 East Hyman Avenue, site
specific development plan/final plat and herein below.
,~
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO.
section 1
The city council of the city of Aspen, as a consequence of
its approval of the 801 East Hyman Avenue Lot Split and site
specific development plan/final plat, and pursuant to section 6-
207 the Municipal Code of the City of Aspen, hereby vests
development rights in the 801 East Hyman Avenue Lot Split site
specific development plan/final plat for a period of three (3)
years from the effective date hereof. However, any failure to
abide by any of the terms and conditions attendant to this
approval shall result in the forfeiture of said vested property
rights. Failure to properly record all plats and agreements
required to be recorded by this Code shall also result in the
forfeiture of said vested property rights.
Section 2
The approval granted hereby shall be subject to all rights
of referendum and judicial review; except that the period of time
permitted by law for the exercise of such rights shall not begin
to run until the date of publication of this ordinance following
its adoption.
section 3
Zoning that is not part of the site specific development
plan approved hereby shall not result in the creation of a vested
property right.
section 4
2
Nothing in this approval shall exempt the site specific
development plan from subsequent reviews and approvals required
by this approval of the general rules, regulations and ordinances
or the City of Aspen provided that such reviews and approvals are
not inconsistent with this approval.
section 5
The establishment of a vested property right shall not
preclude the application of ordinances or regulations which are
general in nature and are applicable to all property subject to
land use regulation by the city of Aspen including, but not
limited to, building, fire, plumbing, electrical and mechanical
codes. In this regard, as a condition of this site development
approval, the applicant shall abide by any and all such building,
fire, plumbing, electrical and mechanical codes, unless an
exemption therefrom is granted in writing.
Section 6
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and shall not affect the validity of the remaining
portions thereof.
Section 7
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinance in effect prior to
the effective date of this ordinance, and the same shall be
3
"
continued and concluded under such prior ordinances.
Section 8
A public hearing on the Ordinance shall be held on the
day of 1989, at 5:00 P.M. in the City Council Chambers,
Aspen city Hall, Aspen, Colorado, fifteen (15) days prior to
which hearing notice of the same shall be published once 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
, 1989.
william L. stirling, Mayor
ATTEST:
KathrYn S. Koch, City Clerk
FINALLY, adopted, passed and approved this
, 1989.
day of
william L. Stirling, Mayor
ATTEST:
KathrYn S. Koch, city Clerk
ll.elmoreordl
4
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MEMORANDUM
TO:
Mayor and Council
FROM:
Robert S. Anderson, Jr., City Manager
Leslie Lamont, Planner ~
THRU:
DATE:
June 19, 1989
RE:
i
Elmore Subdivision Exemption ~ GMQS Exemption Lot Split
---------------------------------------------------------------
---------------------------------------------------------------
SUMMARY: The Planning Department recommends approval
conditions of the GMQS and Subdivision exemptions and lot
for the 12,000 square foot parcel at 801 East Hyman Avenue.
BACKGROUND: The applicant seeks to split a 12,000' square foot
parcel into two separate parcels for single family homes.' The
applicant also seeks a GMQS and subdivision exemption. section
7-1003 A.2.b. requires development pursuant to a lot split
provide an Accessory Dwelling Unit.
with
split
REFERRAL COMMENTS: In a memo dated June 15, 1989, the
Engineering Department had these comments:
Having reviewed the above referenced application, and having made
a site inspection, the Engineering Department has the following
comments:
1. A plat must be provided which meets the requirements of
section 24-7.1004(D) (1) (a).
2. The plat which was submitted shows various encroachments.
The plat must contain a note which states that the encroachments
will be removed at the time of new construction.
3. The applicant must provide a 4 foot by 4 foot utility
easement at the southwest corner of Lot A, and a 6 foot by 8 foot
(along the alley) by 14 feet high utility easement at the
southeast corner of Lot D. No construction encroachments in the
alley will be permitted. These easements shall be indicated on
the plat.
4. The applicant has made promises in the application which may
be carried forward as requirements.
a. Maintain historic drainage.
b. Existing driveway from Original Street will be removed and
sidewalks installed on Hyman and Original for which an excavation
permit must be obtained from the Engineering Department.
-
Along the northern boundary of the property there are several
significant trees. Development should occur without removal of
the trees due to their location and lack of physical constraints
on the lot.
CONDITION c: The lot under consideration,
was not previously the subject of an
provisions of this article or a "lot split"
Sec. 8-104 (C) (1) (a) .
or any part thereof,
exemption under the
exemption pursuant to
RESPONSE: As the application states: the property has not been
the subject of any prior subdivision exemption application or
approval.
CONDITION d: A subdivision plat is submitted and recorded after
approval, indicating that no further subdivision may be granted
for these lots nor will additional units be built without receipt
of applicable approvals pursuant to this Article and growth
management allocation pursuant to Art. 8.
RESPONSE: According to the application: the final subdivision
plat will be recorded upon approval of the proposed development
and completion of the review process. The plat will include a
prohibition against further subdivision and a requirement that
additional development comply with the applicable provisions of
the Land Use Regulation.
GMQS EXEMPTION: Section 8-104 C. l.(a) enables the City Council
to exempt development of one detached single family home on a
vacant lot formed by a lot split pursuant to section 7-1003 (a)
(2). This proposal meets the criteria of a lot split.
RECOMMENDED MOTION:
Exemptions and Lot
following conditions:
1. A final plat shall be filed with the Engineering Department
which meets the requirements of section 24-7.1004(D) (l)(a).
I move to
Split for
approve the GMQS and Subdivision
the Elmore property, wi th the
~
2. The plat shall contain a note which states that the
encroachments will be removed at the time of new construction.
, 'as
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The applicant shall provide a 4 foot by 4 foot utility
easeme t at the southwest corner of Lot A, and a 6 foot by 8 foot
(along the alley) by 14 feet high utility easement at the
southeast corner of Lot ~ . No construction encroachments in the
alley shall be permitted. ~Th~se easements shall be indicated on _'\
the plat. ?!>rn- C!-..--+r~ C~t-..~
4. Prior to the issuance of a building permit a drainage plan
shall be submitted to and approved by the Engineering Department
~o(.ma!ntain the histo~ic drainage patterns.
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VANN ASSOCIATES, INC.
Planning Consultants
July 18, 1989
HAND DELIVERED
Ms. Leslie Lamont
Aspen/Pitkin Planning Office
130 South Galena street
Aspen, Colorado 81611
Re: Elmore Lot Split/Final Plat and Subdivision Improvements
Agreement
Dear Leslie:
Attached for your review and referral are three (3) copies
each of the draft final plat and subdivision improvements
agreement for the Elmore Lot Split. Upon receipt of your
comments, and those of the City Attorney and Engineering
Department, we will revise the plat and/or agreement as may
be required and provide you with the originals for execution
and recordation.
Should you have any questions regarding these documents, or
if I can be of any further assistance, please do not
hesitate to call. As the Applicant wishes to record the
documents as soon as possible, your timely review would be
sincerely appreciated.
Very
truly yours,
A~IATES, ~NC.
VANN
, AICP
SV:cwv
Attachments
230 East Hopkins Avenue' Aspen, Colorado 81611' 303/925,6958
MEMORANDUM
To: Leslie Lamont, Planning Office
From: Chuck Roth, Assistant City Engineer ~~
Date: June 15, 1989
Re: Elmore Subdivision Exemption and GMQS Exemption for a Lot
Split
Having reviewed the above referenced application, and having made
a site inspection, the Engineering Department has the following
comments:
1. A plat must be provided which meets the requirements of
Section 24-7.1004(D)(1)(a).
2. The plat which was submitted shows various encroachments.
The plat must contain a note which states that the encroachments
will be removed at the time of new construction.
3. The applicant must provide a 4 foot by 4 foot utility
easement at the southwest corner of Lot A, and a 6 foot by 8 foot
(along the alley) by 14 feet high utility easement at the
southeast corner of Lot D. No construction encroachments in the
alley will be permitted. These easements shall be indicated on
the plat.
4. The applicant has made promises in the application which may
be carried forward as requirements.
a. Maintain historic drainage.
b. Existing driveway from Original street will be removed and
sidewalks installed on Hyman and Original.
c. The applicant has offered to repair curb and gutter as needed
on Original and install new curb and gutter on Hyman. The
Engineering Department has inspected the existing curbs and
gutters and finds no sections requiring repairing. New curb and
gutter is not required but may be constructed by the property
owner.
5. Sidewalks have recently been a topic of discussion at P & Z,
at HPC and at Council. There appears to be some consensus,
although there is no legislation, that those public bodies would
like to be seeing sidewalks which are more aesthetically appeal-
ing than "plain old gray sidewalks." It is suggested therefore
that the applicant construct such a sidewalk. The applicant can
contact me at 920-5088 for a discussion of possibilities.
memo_89.58
_J
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena street
Aspen, Colorado 81611
(303) 920-5090
May 26, 1989
Vann Associates
230 East Hopkins Avenue
Aspen, Colorado 81611
RE: Elmore Lot Split
Dear Sunny,
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have
determined that your application is complete.
We have scheduled your application for review by the City Council
on Monday, June 26, 1989 at a meeting to begin at 5:00 p.m. The
Friday before the meeting date, we will call to inform you that a
copy of the memo pertaining to your application is available at
the Planning Office.
If you have any questions, please call Leslie Lamont, the planner
assigned to your case.
Sincerely,
Debbie Skehan
Administrative Assistant
-
'-
r.-~.'
MEMORANDUM
TO:
city Attorney
city Engineer
FROM:
Leslie Lamont, Planning Office
RE:
Elmore Subdivision Exemption and GMQS Exemption for a
Lot split
DATE:
May 26, 1989
----------------------------------------------------------------
----------------------------------------------------------------
Attached for your review and comments is an application submitted
by Sunny Vann on behalf of his client, John Elmore, requesting
approvals for a Lot Split.
Please review this material and return your comments no later
than June 14, 1989. Thank you.
""...
,......
VANN ASSOCIATES, iNC.
Planning Consultants
MAy22
May 19, 1989
HAND DELIVERED
Mr. Alan Richman
Planning and Development Director
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Elmore Lot Split/Growth Management Exemption
Dear Alan:
Please consider this letter an application to subdivide a
parcel of land located at 801 East Hyman Avenue into two
(2) lots via the so-called "lot-split" provision of the
City's Land Use Regulations. The application also re-
quests a growth management exemption to permit the con-
struction of a single-family residence on each of the
lots (see Land Use Application Form attached hereto as
Exhibit 1).
As the Vicinity Map on the following page illustrates, the
property is located at the southeast corner of Hyman
Avenue and Original Street. The owner of the property and
project applicant is John A. Elmore (see Exhibit 2, Title
Commitment). The Applicant's representative is Sunny Vann
of Vann Associates, Inc., planning Consultants (see Exhib-
it 3, permission to Represent).
Project Site
The project site consists of Lots A, B, C and D, Block
Ill, City and Townsite of Aspen (see Exhibit 4, Improve-
ment Survey). The lots, however, are in single ownership,
and are deemed to have merged pursuant to section 7-1004.
A.5. of the Regulations. The property contains twelve
thousand (12,000) square feet of land area and is zoned
R/MF, Residential/Multi-Family.
230 Easl HOOKlns Avenue' Asoen. Colorado 81611. 303/925,6958
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May 19, 1989
Page 2
As the Improvement Survey illustrates, the topography of
the site consists generally of two flat areas separated by
a small concrete retaining wall. The site is essentially
devoid of vegetation with the exception of two (2) small
evergreens, several deciduous trees, and various shrubs
and bushes, most of which are located on the fringes of
the property. The site's man-made improvements are limit-
ed to a single-family residence, a garage, a small out-
building, and a fence which encloses the property. The
garage, and portions of the fence, encroach upon the Hyman
Avenue and Original Street right-of-ways.
The existing residence was given a rating of "I" by the
Historic Preservation commission in conjunction with its
inventory of the City's historic structures. Pursuant to
Ordinance #17, HPC review is required in order to demolish
the structure. Section 7-709.C of the Regulations, howev-
er, states that structures with ratings of "0" and "1" are
"deemed to have no historic value" and are required to be
removed from the inventory. As we discussed, this appar-
ent ccntradiction must be resolved as it directly affects
the Applicant's property. As no demolition is proposed in
connection with this application, HPC review is not re-
quired at this time.
Existing utility service to the property includes water,
sewer, natural gas, electric and telephone. A twelve (12)
inch and eight (8) inch water main are located in Hyman
Avenue and Original Street, respectively. An eight (8)
inch sanitary sewer and natural gas, electric and tele-
phone service are located within the adjacent alley. Fire
hydrant number 786 is conveniently located at the north-
west corner of Hyman Avenue and Original Street.
Proposed Development
The Applicant proposes to subdivide the project site along
the existing property line between Lots Band C into two
(2) single-family lots. As currently envisioned, basic
site improvements (e.g., sidewalks, utility extensions,
etc.) will be completed by the Applicant, and the lots
offered for sale to individual purchasers who will design,
construct and landscape their own residences.
As the site Development Plan on the following page illus-
trates, the proposed lots are equal in size and are de-
signed to be accessed from the adjacent alley. The exist-
......,
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-.....,/
Mr. Alan Richman
l'Jay 19, 1989
Page 3
ing concrete driveway from Original Street will be removed
and a five (5) foot sidewalk installed along both street
frontages. The existing curb and gutter along Original
Street will be repaired as required and a new curb in-
stalled along Hyman Avenue.
Pursuant to the prov~slons of Ordinance No. 47-89, the
Applicant will covenant the property so as to require the
purchasers of the lots to include a mandatory "Accessory
Dwelling Unit" within, or attached to, their residence.
The size of the unit (i.e., square footage/bedrooms) will
be left to the discretion of the individual lot purchaser.
The covenants, however, will require that any such unit
comply with the applicable standards of Section 5-510.A.
The proposed lots and building envelopes have been de-
signed in compliance with the dimensional requirements of
the R/MF zone district and the subdivision design stan-
dards of Section 7-1004.C.4. of the Land Use Regulations.
As Table 1 below indicates, the p!"oposed lots meet the
minimum lot size and lot area per dwelling unit require-
ments of the Regulations. In addition, the individual
building envelopes meet all applicable setback require-
ments. While the area contained within the setbacks
exceeds the minimum open space requirement, it should be
noted that additional open space will undoubtedly be
provided as each residence will occupy less area than the
building envelope.
Table 1
DEVELOPMENT DATA
1.
Existing Zoning
Total Site Area (Sq. Ft.)l
R/MF
12,OOO
2.
3 .
Minimum Required Lot Size (sq. Ft.)
6,000
4. Minimum Required Lot Area/Dwelling
Unit (Sq. Ft.)
Single-Family
Duplex
6,000
3,000
,-.."
"'-,';
Mr. Alan Richman
May 19, 1989
Page 4
5. Proposed Lot Area (Sq. Ft.)
Lot I
Lot 2
6,000
6,000
6. Minimum Required Building Setbacks (Ft.)
Front Yard
Rear Yard
Side Yards (Each/Total)
7. Maximum Allowed Floor Area (sq. Ft.)2
10
10
5/15
Lot 1
Lot 2
3,240
3,240
4,200
8.
Minimum Required Open Space @
35 Percent (sq. Ft.)
9. Proposed Site Coverage (sq. Ft.)
Building E~velopes
Open Space
7,200
4,800
I
All measurements of land area have been rounded to
the nearest ten (10) square feet.
2
Floor area calculations based on single-family struc-
tures.
3
Computed based on required building setbacks.
As shown on the proposed Site Development Plan, water will
be extended from Hyman Avenue to serve the two lots.
Sewer, natural gas, electric and telephone service will be
extended from the alley. All required utility extensions
will be located underground and will conform to the appli-
cable extension policies of the individual utility compa-
nies. Easements to accommodate the proposed utility
extensions will be provided as may be required and will be
depicted on the final subdivision plat.
"...~,
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Mr. Alan Richman
May 19, 1989
Page 5
Review Requirements
Pursuant to Section 3-101 of the Land Use Regulations, the
division of land into two (2) or more lots, tracts or
parcels is by definition a subdivision. Consequently, the
proposed division of the Applicant's property into two (2)
separate single-family lots is subject to the City's
review and approval. Such divisions, however, may be
exempted from full subdivision review pursuant to Section
7-1003.A.2. of the Regulations. The specific review
criteria for a "lot-split" exemption, and the proposed
development's compliance therewith, are summarized as
follows.
1. "The land is not located in a subdivision ap-
proved by either the pitkin County Board of County cOIDIIli.s-
sioners or the City Council, or the land is described as a
metes and bounds parcel which has not been subdivided
after the adoption of subdivision regulations by the City
of Aspen on March 24, 1969."
As the attached Title Commitment indicates, the
project site consists of Lots A, B, C and D, Block 111, of
the original Aspen Townsite. The site is not located
within a previously approved subdivision and the lots
obviously predate the City's adoption of subdivision
regulations.
2. "No more than two (2) lots are created by the
lot split, both lots conform to the requirements of the
underlying zone district and the applicant commits that
any lot for which development is proposed will contain an
Accessory Dwelling unit. When there is demolition on the
property which make it subject to the provisions of Arti-
cle 5, Division 7, Replacement Housing Program, the stan-
dards of that program shall supersede these requirements."
As the site Development Plan illustrates, only two
(2) lots are proposed. The lots comply with all applica-
ble dimensional requirements of the underlying R/MF zone
district and will be covenanted to ensure that subsequent
purchasers prcvide an accessory dwelling unit in conjunc-
tion with the construction of their respective residences.
The City's accessory dwelling unit requirement will be
incorporated in the Applicant's subdivision agreement and
depicted on the final subdivision plat.
,;''\
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,"",-",..
Mr. Alan Richman
May 19, 1989
Page 6
As no demolition of existing multi-family structures
or aggregation of separate parcels for development pur-
poses will occur as a result of the Applicant's proposed
development, the provisions of Article 5, Division 7, are
not applicable.
3. "The lot under consideration, or
of, was not previously the subject of an
the provisions of this article or a lot
pursuant to Section 8-104.C.1.a."
any part there-
exemption under
split exemption
The property has not been the subject of any prior
subdivision exemption application or approval.
4. "A subdivision plat is submitted and recorded
after approval, indicating that no further subdivision may
be granted for these lots nor will additional units be
built without receipt of applicable approvals pursuant to
this Article and growth management allocation pursuant to
Article 8."
A final subdivision plat will be recorded upon ap-
proval of the proposed development and completion of the
review process. The plat will include a prohibition
against further subdivision and a requirement that addi-
tional development comply with the applicable provisions
of the Land Use Regulations.
As noted previously, a lot-split is by definition a subdi-
vision. As such, the proposed development must comply
with the basic review standards for a development applica-
tion for plat as set forth in Section 7-1004.C. of the
Regulations. These standards, and the proposed develop-
ment's compliance therewith, are summarized as follows.
1. "The proposed subdivision shall be consistent
with the Aspen Area Comprehensive Plan."
The 1973 Aspen Land Use Plan indicates that the
project site is located within the so-called "Mixed Resi-
dential" land use category. As noted previously, the site
is zoned R/MF, Residential, Multi-Family. The proposed
single-family lots are a permitted use in this zone dis-
trict, and the residences to be constructed thereon are
consistent with the Land Use Plan's mixed residential
designation. To the best of the Applicant's knowledge, no
other element of the Aspen Area Comprehensive Plan con-
,l1' "
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Mr. Alan Richman
May 19, 1989
Page 7
tains recommendations which preclude, or otherwise pertain
to, the proposed development.
2. "The proposed subdivision shall be consistent
with the character of existing land uses in the area. The
proposed subdivision shall not adversely affect the future
development of surrounding areas."
The proposed development is consistent with the
character of existing land uses in the surrounding area,
and will have no adverse effect on the area's future
development. The surrounding site area consists of mixed
residential development, including older single-family
residences, newer duplexes, and various multi-family
condominium structures. With the exception of the vacant
parcel located across Original Street from the site, the
area is essentially fully developed.
3.
with all
tions."
"The proposed subdivision shall be in compliance
applicable requirements of the Land Use Regula-
The proposed development has been designed to comply
with the applicable requirements of the underlying R/MF
zone district and all relevant subdivision provisions of
the Aspen Land Use Regulations.
4. "The proposed subdivision shall not be located
on land unsuitable for development because of flooding,
drainage, rock or soil creep, mudflow, rockslide, ava-
lanche or snowslide, steep topography or any other natural
hazard or other condition that will be harmful to the
health, safety, or welfare of the residents in the pro-
posed subdivision."
No natural hazard adversely affects the development
potential of the project site.
5. "The proposed subdivision
to create spatial patterns that
duplication or premature extension
and unnecessary public costs."
shall not be designed
cause inefficiencies,
of public facilities
No governmental inefficiencies, duplication of facil-
ities, or unnecessary public costs will occur as a result
of the provision of pUblic services to the proposed devel-
opment. All required utilities are currently available in
,1"'"
'.....,.....
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Mr. Alan Richman
May 19, 1989
Page 8
the immediate site area. All costs for the extension of
utilities to serve the project will be borne by the Appli-
cant.
In addition to requ~r~ng compliance with the preceding
review criteria, the Land Use Regulations also require
that various improvements be provided in connection with
the proposed subdivision, and that specific standards be
adhered to in the subdivision's design. The improvements
and design standards which pertain to the Applicant's
proposed development are summarized as follows.
l. Water. Water service to the proposed develop-
ment will be provided via the twelve (12) inch main lo-
cated in Hyman Avenue. As the site Development Plan
illustrates, individual service lines will be extended to
serve the two lots.
2. Sewer. Sanitary sewer service to the
will be provided via the eight (8) inch collector
in the adjacent alley right-of-way. Individual
lines will be extended to each of the lots.
project
located
service
3. Electric, Telephone and Natural Gas. Electri-
cal, telephone, and natural gas service is also located
within alley and will be extended to serve the project as
necessary. All required extensions of these utilities
will be located underground, and will conform to the
applicable extension policies of the individual utility
companies.
4. Easements. Easements to accommodate the pro-
posed utility extensions will be provided as may be re-
quired. All easements will comply with the requirements
of Section 7-l004.C.4.b. of the Land Use Regulations and
will be depicted and described on the final subdivision
plat.
5. Sidewalk, Curb and Gutter. As discussed previ-
ously, a five (5) foot sidewalk will be installed by the
Applicant along both street frontages. Existing curb and
gutter will be repaired where required and a new curb
installed along Hyman Avenue.
6. Fire Protection. Fire protection for the pro-
posed development will be provided by the Aspen Volunteer
Fire Department. The project site is located approximate-
III"'C'\
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,,;.......
Mr. Alan Richman
May 19, 1989
Page 9
ly four (4) blocks from the fire station, resulting in a
response time of approximately three (3) to five (5)
minutes. The proposed lots are readily accessible to fire
protection vehicles and an existing fire hydrant is lo-
cated across the street from the site at the northwest
corner of Hyman Avenue and Original Street.
7. Drainage. Each residence's storm drainage
system will be designed to maintain historic flow rates
with respect to surface water runoff and groundwater
recharge. On-site drywells and/or surface detention
facilities will be utilized to intercept and detain runoff
from building roofs and impervious areas, and to control
the rate of groundwater recharge. A detailed stormwater
drainage plan will be submitted in conjunction with the
each residence's building permit package as may be re-
quired.
Pursuant to Section 8-104.C.l.a. of the Land Use Regula-
tions, the development of one (1) detached residential
dwelling on a vacant lot formed by a lot-split approved
subsequent to November 14, 1977 is exempt from the City's
growth management regulations subject to the approval of
the City Council. Inasmuch as there are no specific
review requirements for such an exemption, the City Coun-
cil's final approval of the Applicant's lot-split applica-
tion should be sufficient to convey upon the proposed
development the required development rights.
While the proposed subdivision is subject only to City
Council review, the accessory dwelling unit to be provided
with each residence must be reviewed and approved by the
Planning and Zoning commission. As the review criteria
address such issues as the size and design of the accesso-
ry units, the necessity for parking, etc., the P&Z's
review will occur at such time as the lots are sold and
the respective residences are designed.
In order to preserve the land use approvals which may be
obtained as a result of this application, the Applicant
hereby requests vested property rights status pursuant to
the provisions of Section 6-207 of the Land Use Regula-
tions. It is understood by the Applicant that. to estab-
lish such status, final approval of the proposed develop-
ment must be granted by ordinance of the City Council. It
is also the Applicant's understanding that no specific
,-'"
......
,'''"
Mr. Alan Richman
May 19, 1989
Page 10
submission requirements, or review criteria other than a
public hearing, are required to confer such status.
Should you have any questions, or require further informa-
tion, please do not hesitate to call. As the Applicant
wishes to complete the review process as quickly as possi-
ble, any assistance you may be able to provide with re-
spect to scheduling would be appreciated.
Very truly
SV:cwv
Attachments
,.,
,-.
- CITY OF ASPEN .....~
PRE-APPLICATION CONFERENCE sUMMARY
PROJECT: <6(>\ S I-\c~\f-'~'> ' Lc.l.; 'S ('\,\
EXHIBIT 1
APPLICANT'S REPRESENTATIVE:
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REPRESENTATIVE'S PHONE:
OWNER'S NAME: Cr.:,\""... (, \ ~<>~
<;,1.\ - " , b$'
1.
Type of Application:
SUMMARY
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2. Describe action/type of development being requested:
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3. Areas is which Applicant has been requested to respond,
types of reports requested:
Policy Area/
Referral Aqent
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,
Comments
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5.
Review is: (P&Z Only) (c"'c onlp
Public Hearing: ~S)) (NO)
Number of copies of the application to be submitted:
(P&Z then to CC)
4.
$- -\
6.
7. What fee was applicant requested to submit: /$ '! G'" '" 'B' 0
8.
Anticipated date of submission:
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9. COMMENTS/UNIQUE CONCERNS:
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Insurance @rporation
EXHIBIT 2
NATIONAL HEADQUARTERS
RICHMOND. VIRGINIA
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective date: 03/07/89 AT 8:00 A.M.
Case No. PCT-2075 C2
2. Policy or policies to be isswed:
(a)ALTA Owner's Policy-Form B-1970
(Rev. 10-17-70 << 10-17-84) or 10/21/87
PROPOSED INSURED: JOHN A. ELMORE, II
Amount S 750,000.00
Premium S 1,083.80
(b)ALTA Loan Policy,
(REV. 10-21-87)
PROPOSED INSURED:
Amount S
Premium S
(c)Alta Loan Construction Policy, 1975
(Rev. 10-17-84)
PROPOSED INSURED:
Amount $
Premium $
Tax Cert. $ 10.00
3. Title to the FEE SIMPLE estate or interest in the land described or
referred to in this Commitment is at the effective date hereof vested
in:
ELSIE J. SNYDER
4. The land referred to in this Commitment is described as follows:
LOTS A, B. C AND D. BLOCK 111. CITY AND TOWNSITE OF ASPEN, COUNTY
OF PITKIN, STATE OF COLORADO
Countersigned at: PITKIN COUNTY TITLE. INC.
601 E. HOPKINS
ASPEN. CO. 81611
303-925-1766
.
Schedule A-PG.1
This Commitment is invalid
unless the Insuring
Provisions' and Schedules
A and B are attached.
Authorized officer or agent
w~
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@Uyersptle
Insurance @rporation
NATIONAL HEADQUARTERS
RICHMOND. VIRGINIA
SCHEDULE B-SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the gran_ors or mor_gagors
of the full consideration for the estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be
insured must be executed and duly filed for record to-wit:
1. Deeds or evidence of proper legal proceeding, approved by an
attorney for Pitkin County Title. Inc., disposing of the interests
of the following:
(a) The Argentum Juniata Mining Company, A Corporation organized
and eXisting under and pursuant to the laws of the State of
Iowa.
(b) Unknown persons
(c) The State of Colorado
NOTE: The above requirement is necessary because Argentum
Juniata Mining Company acquired title by deed recorded
April 17. 1895 in Book 115 at Page 514 and never conveyed
their interest. (Affects Lots C << D)
2.
Deed from
To
Elsie J. Snyder
John A. Elmore, II
3. Evidence satisfactory to the company that the Real Estate Transfer
Tax as established by Ordinance No. 20 (Series of 1979) has been
paid or exempted.
4. Certificate of Nonforeign Sta_us of Individual Transferor signed
by ELSIE J. SNYDER.
-
This commitment is invalid unless
the Insuring Provisions and Schedules
A and B are attached.
Schedule B-Section 1 PG.l
Commitment No. PCT-2075
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Insurance @Poration
NATIONAL HEADQUARTERS
RICHMOND. VIRGINIA
SCHEDULE B-SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptior.s to the
following unless the same are disposed of to the satisfaction of the
Company:
1. Rights or claims of parties in possession not shown by the public
records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area.
encroachments, and any facts which a correct survey and inspection
of the premises would disclose and which are not shown by the public
records.
4. Any lien, or right to a lien, for services, labor or material
heretofore or hereafter furnished, imposed by law and not shown by
the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if
any, created, first appearing in the public records or attaching
subsequent to the effective date hereof but prior to the date the
proposed insured acquires of record for value the estate or interest
or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessments, charge or
lien imposed for water or sewer service, or for any other special
taxing district.
7. Reservations and exceptions as contained in Deed from The City of
Aspen recorded in Book 59 at Page 136 and in Book 59 at Page 170 as
follows.
"Provided, that not title shall be hereby acquired to any mine of
gold, silver, cinnabar or copper or to any valid mining claim or
possession held under existing laws."
6. All minerals and mineral rights as described in Deed recorded in
Book 93 at Page 99, Book 93 at Page 161 and in Book 115 at Page 219.
-
.
.
This commitment is invalid unless
the Insuring Provisions and Schedules
A and B are attached.
Schedule B-Section 2 PG.l
Commitment No. PCT-2075
_,__.,__,,_.,~,,_.,,_.,,_..._..._..r_.'"_IIIl.
...I_..'_..I_..'-..'~-.'_..'_..I_..I_..IC..,-..,_..,_..'-_.'-"'.'_..'_..'_..'_.."J-..'_..~..'_..'__.'_..'_..~..,_..~
~wyers 1itle
Insurance @rPoration
NATIONAL HEADQUARTERS
RICKIIOiolD, VIRGIN'A
SCHEDULE B-SECTION 2
CONTINUED
Exceptions numbered NONE
are hereby omitted.
The Owner's Policy to be issued. if any, shall contain the following
items in addition to the ones set forth above:
(1) The Deed of Trust, if any. required under Schedule B-Section 1.
(2) Unpatented mining claims: reservations or exceptions in patents
or in Acts authorizing issuance thereof; water rights. claims or
title to water.
.
.
.
"
This commitment is invalid unless
the Insuring Provisions and Schedules
A and B are attached.
Schedule B-Section 2
Commitment No.PCT-207S
__.__ __.._.._.._"--.-..'-..'_..1
---.
'J
-
--
---
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~wyers 1itle
Insurance @Poratlon
NATIONAL HEA~QUARTERS
RK:HMOND. VIRGINIA
COMMITMENT FOR TITLE INSURANCE
LAWYERS TiTLE INSURANCE CORPORATiON. a Virginia corporallon, hercln called the Company. for valuable
consideration. hereby commits to Issue its policy or policies of title Insurance, as identified in Schedule A. in favor of the
proposed Insured named in Schedule A. as owner or mortgagee of the estate or interest covered hereby in the land
described or referred to in Schedule A. upon payment ot the premiums and charges theretor; all subject to the provIsions
of Schedules A and B and to the Conditions and Stlpulatlons hereof,
This Commitment shall be effective only when the Identity of the proposed Insured and the amount of the policy or
policies committed for have been Inserted in Schedule A hereof by the Company. either at the time of the Issuance of this
Commitment or by subsequent endorsement.
This Commitment is preliminary to the Issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or
policies committed for shall issue. whichever first occurs. provided that the failure to issue such policy or policies is not the
fault of the Company_ This Commitment shall not be valid or binding until countersigned by an authorized officer or agent.
IN WITNESS WHEREOF, the Company has caused this CommItment to be signed and sealed, to become valid when
countersigned by an authorized officer or agent of the Company. all in accordance with its By-Laws. This Commitment IS
effective as of the date shown in Schedule A as "Effective Date."
CONDITIONS AND STIPULATIONS
1. The term "mortgage," when used herein. shall include deed of trust. trust deed. or oLher security instrument.
2. If the proposed Insured has or aCQUIres aCIlli'l1 krlOwledge of any defect. Iren. encumbrance, adverse claim or other
matter affecting the estate or Interest or mortga!ie thereon covered by this Commitment other than those shown in
Schedule B hereof. and shall fall to disclose such knowledge tathe Company in writing. the Company shall be relieved
from liability for any loss or damage resulting from any act of reliance hereon tothe extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company. or If
the Company otherwise acquires actual knowledge of any such defect. lien, encumbrance. adverse claim or other
matter. the Company at Its option may amend Schedule B of this Commitment accordingly, but such amendment shall
not relieve the Company from liability previously Incurred pursuant to paragraph 3 of these Conditions and
Stipulations.
3. Liability of the Company under this Commitment shall be only 10 the named proposed Insured and such parties
included under the definition of Insured in the form of policy or poliCies committed for and only for actual loss
Incurred in reliance hereon in undertaking in good faith (a)to comply with the requirements hereof. or(b)toeliminate
exceptions shown in Schedule B. or (cl to acquire or create the estate or interest or mortgage thereon covered by this
Commitment. In no event shall such liability exceed the amount stated in Schedule A for the poliCY or policies
committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the
Exclusions from Coverage of the form of poliCY or policies committed for in favor of the proposed Insured which are
hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company
arising out of the status of the title to the estate or Interest or the status of the mortgage thereon covered by this
Commitment must be based on and are subject to the provisions of this Commitment.
~W)W51ltle I~ (9rporotlon
07Jevt-c._0~
t President
()"/"
~ '(J /) ~ 52:.:.
Anest:
,....-"
" "
EXHIBIT 3
April 24, :989
HAND DELIVERED
Mr. Alan Richman
Planning and Development Director
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Permission to Represent
Dear Mr. Richman:
Please consider this letter authorization for Sunny Vann
of Vann Associates, Inc. to represent me in the processing
of my application for a subdivison exemption for Lots A,
B, C and D, Block lll, City and Townsite of Aspen. Mr.
Vann is hereby authorized to act on my behalf with respect
to all matters reasonably pertaining to the aforementioned
application.
Should you have any
further assistance,
at 925-7460.
questions, or if I can be of any
please do not hesitate to contact me
Sincerely,
A. Elmore
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EXHIBIT 4
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-
ASPEN/PITKIN PLANNING OFFICE /1') It _ vel
130 South Galena Street ? t7' a I
Aspen, Colorado 81611
(303) 920.5090
LAND USE APPLICATION FEES
City
00113 -63250,134 GMP/CONCEPTUAL
,63270,136 GMP/FINAL
-63280,137 SUB/CONCEPTUAL
-63300,139 SUB/FINAL
,63310-140 ALL 2-STEP APPLICATIONS
-63320-141 ALL 1 ,STEP APPLICATIONS! '/(/() ,ou
CONSENT AGENDA ITEMS
00125
00123
00115
County
00113
00125
00123
00113
REFERRAL FEES:
-63340,205
,63340,190
-63340-163
,63160-126
-63170,127
-63180,128
-63190-129
,63200,130
-63210,131
-63220-132
-63230,133
,63450,146
REFERRAL FEES:
-63340,205
-63340,190
-63360,143
PLANNING OFFICE SALES
00113 ,63080,122
-63090,123
-63140-124
,69000,145
ENVIRONMENTAL HEALTH
HOUSING
ENGINEERING
<((j, ()()
'15<0 ' ou
SUBTOTAL
GMP/GENERAL
GMP/DETAILED
GMP/FINAL
SUB/GENERAL
SUB/DETAILED
SUB/FINAL
ALL 2,STEP APPLICATIONS
ALL l,STEP APPLICATIONS!
CONSENT AGENDA ITEMS
BOARD OF ADJUSTMENT
ENVIRONMENTAL HEALTH
HOUSING
ENGINEERING
CITY/COUNTY CODE
COMP, PLAN
COPY FEES
OTHER
SUBTOTAL
TOTAL
i I)((),CY)
;;AS,-f:; r.(qq-b
Prol"ct' YO I &;, 11~)~'1"1 <;
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1/(,'- 2 2 - 01
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Check #
Additional billing:
l _
# of Hours: