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Home My WebLink Aboutcoa.lu.ex.Ferguson-Subd.016A-85 ClliELOAD SUMMARY SHEET City of Aspen , DATE RECEIVED:8-er85 ~f DATE RECEIVED OMPLETE: 1.-1.."-11'::> PROJ ECT NAME: APPL ICANT: . Applicant ddre~/p one: . REPRESENTAT;rvE: Hurd dJv{ . Representatlve ddress/Phone: toM (n Ia,u(" ~JJ) ('], Type of Application: I. GMP/SUBDIVISION/PUD (4 step) ~..-;{6 Ii" <; r3 .. . !ilfoll ~5 '2J.I1b Conceptual Submission Preliminary Plat Final Plat ($2,730.00) ($1,640.00) ($ 820.00) II. SUBDIVISION!PUD (4 step) / ---:i.- III. EXCEPTION/EXEMPTION/REZONING (2 step) IV. SPECIAL REV IEW (1 step) Conceptual Submission Preliminary Plat Final Plat ($1,900.00) ($1,220.00) ($ 820.00) ($1,490.00) ($ 680.00) ---------------. n=--L\:- , i' ,/ -\ ; , _ L-----------" ----~--------------- Special Review Use Determination Condi ti onal Use Oth e r : -------------------------------------------------------------------- -------------------------------------------------------------------- P&Z CC MEETING DATE: t\.~~ b PUBLIC HEARING: YES NO DATE REFERRED: ~j:n/::r5 INITIALS:ffP . =================================b===============~============= REFERRALS: ./ Ci ty Atty ~ City Engineer ____ Housing Dir. Aspen ~Iater ____ City Electric ____ Envir. Hlth. ____ Aspen Consolo S.D. ____ Mtn. Bell ____ Parks Dept. ____ Holy Cross Electric ____ Fire Marshall ____ Fire Chief ____ School DistriCt ____ Rocky Mtn. Nat. Gas ____ StateHwy Dept (Glenwd) ---r- State Hwy Dept (Gr. Jtn) ...Y- Bldg: Zonin9/Inspectn ____ Other: ---------------------------------------------t-~-----------~---- ---------------------------------------------- -- - ------------- - -- FINAL ROOTING: ! DATE ROUTED: P~3 INITIAL:. j ~ City Atty \/ City Engineer - j~ Building Dept. FILE STATUS AND LOCATION: ~j Other: /--r:; ~ "- \ !au A) , Other: _ CAS E 1> IS POS IT ION : FeY,ju~Vn (n,],("If) PUD . . ~ Ci ty Council' 7-)b-oS " RE~viewcd by: P J. '2. IIJA~; 'ff"'1V7'J 1 ~lhj'vi"" AAj?~' MJ PvO 1!/rJ-f~ tdi -f}u ~c~ 1. A final plat shall be tiubmitted which conforms to the requirements of Section 24-8.12 and Section 20-15 and sop~;f- ically corrects the deficiencies noted in the Engineering Department memorandum dated July 10, 1985. 2. The applicant shall satisfy the Housing Authority by sub- mitting a proposal for an employee housing deed restriction and agreement regarding the easterly house (1240 E. Cooper) prior to review of this application by City Council. The deed restriction and agreement shall be recorded through the City Attorney's Office prior to the issuance of a building permit. 3. The applicant shall submit a statement of subdivision exception through the City Attorney. 4. Removal and relocation of trees must be done in a€cordance with Section 13-76 of the Code. 5' '1/u, ~jud iif'k aY-tiP iVk'r {i, "",{~~v.t" 1.;1, rOOD Rcviel'led By: i'.spcn P&Z \: Cit~~--=-c:unci~ 1-J.{,-~'-; ......,..).,,)., r~,-<. -0,;'" Pt.J (f'{J,>-l'fN.j~/Nj'6ij,-h,v~VI' 1"'" 1>1.&' f f;ff" i~: , (Odd 'O~) 1. A Final Plat shall be submitted which conforms to the requirements of Section 24-8.12 and Section 20-15 of the ~!unicipal Code pr ior to the issuance of any building pe rmit s. 2. The deed-restriction and agreement pertaining to 1240 E. Cooper shall be recorded through the City Attorney's Office and recorded with the County Clerk and Recorder of Pitkin County, Colorado prior to the issuance of any building permits. 3. The applicant shall submit a Statement of Subdivision Exception through the City Attorney prior to recordation of the plat. 4. Removal and relocation of trees must be done in accordance with Section 13-17 of the Municipal Code. 5. All Certificates of Occupancy for past additions to 1220 E. Cooper shall be obtained prior to the issuance of any building permits. DENVER O~~ICE SUITE 2900 555 5EVENTEENTH STREET DENVER,COLORADO 60202 TELEPHONE(303) 295-BOOO TELECOPIER (303) 295"6261 HOLLAND & HART ATTORNEYS AT LAW 600 EAST MAIN STREET ASPEN, COLORADO 81611 TELEPHONE (303) 925-3476 MONTANA O~~ICE SUITE 1",00 175 NORTH 27TH STREET BILLINGS, MONTANA 59101 TELEPHONE (406) 252-2166 TELECOPIER C406} 252-1669 BARBARA K. PURVIS August 16, 1985 Mr. Steve Burstein City of Aspen Planning Department 130 South Galena Street Aspen, Co. 81611 Re: Ferguson Subdivision Exception and PUD Amendment Dear Steve: Enclosed Covenants and WASHINGTON, D. C. O~F1CE SUITE 1200 1875 EYE STREET, N. W. WASHINGTON, O. C. 20006 TELEPHONE (202) ",66-7340 TELECOPIER {2021466-7354 WYOMING O~~ICE SUITE 500 2020 CAREY AVENUE CHEYENNE, WYOMING 82001 TELEPHONE {30-n 632-2160 TELECOPIER (3071 778-8175 S. E. DENVER O~FlCE SUITE 1250 7887 EAST BELLEVIEW AVENUE ENGLEWOOD, COLORADO 80111 TELEPHONE (303) 7",1-1226 O\v/[g n NJ; I 919ffi IIU is a xerox copy of the fully executed Agreement of Restrictions for the above-referenced project. ;;ii;:~V~) Barbara K. Purvis for Holland & Hart BKP/jcd Enclosure cc: Don McGill " ~ Aspen/Pit __' 130 s ~. ing Office " october 30, 1987 Mr. Michael J. Herron suite 210 Durant-Galena Building 450 South Galena Aspen, co 81611 Re: Lot A, Ferguson Subdivision Exception and P.U.D. Amendment Plat Dear Michael, In your letter of October 27, 1987 you noted that the existing structure on Lot A of the Ferguson Subdivision Exception and P.U.D. Amendment Plat is encroaching into the 15' wide Open Space Easement (established through the P.U.D. plan) along the north side of the lot. You asked the Planning Office to clarify the status of this nonconformity. We view the encroachment as an existing nonconforming aspect of the structure, subject to the provisions of section 24-13.3 of the Municipal Code. section 24- 13.3(a) states in part: "No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any struc- ture or portion thereof may be altered to decrease its nonconformity..." Consequently, alterations to the house cannot increase the encroachment into the Open Space Easement by either adding square footage or further extension of structure. Alterations that do not increase nonconformities are allowed, subject to the provi- sions of Planned unit Development, section 24-8 of the Code. I hope this answers your question. Please contact me if you have any more questions that I can help you with. Sincerely, steve Burstein, Aspen/Pitkin Planning Office sb.10.30 ........ 1"" .....' AHorneys at Law 117:\ f"i':l /~~':~ ~- I' ! ) : (- _'_2,":; i ~. , . I lii,( i ~2710Q7 ,\: \AI, ....''--') I \Ii wi , L_____.___.______ "'-"1 . I CUMMINS and HERRON Suite 20 1 Durant-Galena Building 450 South Galena Street Aspen, Colorado 81611 Richard Cummins* Michael J. Herron** 303/920-2310 . also admitted in New York andCaJifornia .. al'nadmiltt:dinFlurid<l October 27, 1987 HAND DELIVERY Steve Burstein c/o Aspen Planning & Zoning Office 130 S. Galena Aspen, Colorado 81611 Re: Lot A, Ferguson Subdivision Exception and P.U.D. Amendment Plat Dear Steve: In connection with the above captioned property, I enclose a photocopy of the actual recorded Ferguson Subdivision Exception and P.U.D. Amendment recorded in Plat Book 18, Page 66 of the Public Records of Pitkin County, Colorado. If you will note on the enclosure and on the survey contained in the City file prepared by Aspen Survey Engineers Inc., being Job No. 9304, a portion of the structure encroaches into the open space easement which lies immediately to the north of the house on Lot A and possibly into the set back. My property plans to client is currently the contract purchaser of this is concerned about this encroachment especially since he seek a building permit for some interior renovations. I would appreciate it if I could receive the advise of the Aspen Planning Office concerning whether the existing encroachment constitutes an accepted nonconforming structure based upon the City's acceptance of the property in its present condition at the time the Subdivision Exception and P.U.D. Amendment was accepted by the City in April of 1986. I thank you for your cooperation in this regard, and should you require any further information, please do not hesitate to contact me. ""'" 1"", ~ Steve Burstein Aspen Planning & Zoning 10-27-87 Page 2 Cordially, CC: J. enclosure MJH/rs ipes 201 C09 ",'_.~ , AGREEMENT OF COVENANTS AND RESTRICTIONS These covenants and restrictions are made this 8~ day of AUjuA- t , 1985, by Don McGill, Inc., the owner of Lot 4, Ferguson Exemption Plat according to the map thereof recorded June 1, 1981 in Plat Book 11 at Page 59 in the City of Aspen, County of Pitkin, State of Colorado. Don McGill, Inc. has applied to the City of Aspen by way of that certain application for the Ferguson Subdivision Exception and P.U.D. Amendment, for the division of Lot 4 into two lots, Lot 4A and Lot 4B. Pursuant to Resolution No. , Series of 1985, the City of Aspen has determined that the exception and PUD amendment should be granted conditioned upon recordation of this Agreement of Covenants and Restrictions. Therefore, for the benefit of the City of Aspen and the gen- eral public, Don McGill, Inc. imposes the following restrictions on Lot 4B, Ferguson Subdivision Exception and P.U.D. Amendment, in perpetuity, as a burden running with the land: 1. The single-family residence located upon Lot 4B, Ferguson Subdivision Exception and P.U.D. Amendment is hereby restricted in use and occupancy to the middle-income rental or sale guidelines established and indexed at the issuance of Cer- tificate of Occupancy by the Housing Authority of the City of Aspen and Pitkin County (hereinafter referred to as the "Housing Authority"). In the event that the single-family residence located upon Lot 4B becomes a sale unit, McGill agrees to execute an approved deed restriction with the Housing Authority setting forth the sale pri~e. amount of apprpciation, and terms and pro- visions of sale. 2. Verification of employment and income of those persons living in the middle-income employee unit shall be completed and filed with the Housing Authority by the owner of Lot 4B commenc- ing on the date of recording hereof, in the Pitkin County real I'" ,"" ,"" '"-" property records and thereafter as required by the Housing Authority. 3. The covenants and restrictions set forth herein shall be deemed to run with the land as a burden thereto for the bene- fit of, and shall be specifically enforceable by, the City of Aspen or its designee by any appropriate legal action including injunction, abatement or eviction of a noncomplying tenancy dur- ing the period of life of the last surviving member of the presently existing City Council of the City of Aspen, Colorado, plus twenty-one (21) years, or for a period of fifty (50) years from the date of recording thereof in the Pitkin County real property records, whichever period shall be greater. DON MCGILL, INC. By,D~/If.?,d:; j ATTEST: ~4ncu\S' t \ L. ~ \\\'\'\rn Secretary (SEAL) STATE OF 0~ ) . I .) COUNTY OF 1'IGM.w) SS: The foregoing instrument was acknowledged before me this ~tll day of GMLJ-':-' 1985. My Commission Expires: /:1 - I c1 . ~ g :<7\,. ..;.,.. ~ ! J . . , , V I .. \ (..; , \~~'-^.....L--~~ Notary Public / 5 'r; 0 /J.JJ.a...uu Address NDLUJ j fj k ) VV;. ( J. 4t90~) /.:x . /) ')IJJ3 -2- " "', ...........- ,~ HOUSING AUTHORITY FOR THE CITY OF ASPEN, COLORADO By:.J'! ~~ ^Ch:ir~ STATE OF ) ) 55: ) COUNTY OF The fore1j~~:..~n~ument was ~ day of ~' 1985. My Commission Expires: acknowledged before this me Ja-IS"-~~ '-{Y)an~ (J~ ~-A ,_ ) ~ Pu~~1in.() - (JIM ~ YuYl~ el Address ~ ,f1 ~/("II -3- .~ Ii ~ I! Ii II II " 'It. :1 i; II ; , Ir--> , , \')\\ l-ISc3 ftl~ - ,~ ~rJ., D.,J~ ~ 14 ./lll-~\ A ~~ 'JNl',q '1,'1 , P A'T~) j 11.1[:' uR'J' ~. f -t{~\)b0r I O-c,L:1 \ ~ ~ Y-\~,J ~ t+w (ti€V\\? Orijl) G _I~'JI 6 "J7~ d-~ UowJ.Hbl~) I !-t \ \ ~oN OVI VJ ') ~ ,I , !! ii !i I " I II i:1 ii, i ~ I' " 'I iil Ii ill Ii !i, ii! iil "I Ii: :il 11 " ii " - " ! i ~ ; i ill !:I ill ''-I :! "I ii I' I :' !t II l ~t ') L- \\1 't U-r~ ~ 2.. 0 O,p --- 2..1Do<\T~ b-/l~ol - - L 1) i i CtJ~drv,~'"" I'ID- O'l~A,,'J>" hrl'}hf f. ~1~f8'~ L It '1 5~'f-~Q ~ ~ Q-- ~~ L of i.f 81 1,;, ~,i.,A - (1 fhtJ Arty 6h ;. 7v(n ,.1. ",r.;t~;'V e~-{, ." 5t,. ~,lIff) ~';jYJ0S~'4;f/IJrl ,0>'111 tJ "YAy III" i. ttflt (:,Pl(,t"l+ A{lYcP:J-e) '5- J D-~'1 fTljV"" 1l)). "P 10 r-/J.vie-A f1AI? ,t i, In "'I' {POD rp /,f - , ~.~~,-~~._~*" ="' ~r- '" ~ _0 <:::> ::.::::v "'oJ ?.'1G[87 L. ;:"):--r. 5Cg , - BOOl{ - -<-- "'oJ -< - . .~ <:> :;:.J ~_:;;: en -<=" r;l_,~ :>:>> C) :":".: Oz N 3: ;0 -'1 - u^-, - c::o rn c::n ;0 STATEMENT.OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS FOR THE PURPOSE OF SUBDIVIDING LOT 4, FERGUSON EXEMPTION PLAT AND AMENDING THE PUD WHEREAS, Don McGi 11 (hereinafter referred to as "Appl icant") , is the owner of a parcel of real property known as Lot 4, Ferguson Exemption Plat, according to the map thereof recorded June 1, 1981, in Plat Book 11 at Page 59, and WHEREAS, Applicant has requested an exception from the full subdivision process for the purpose of dividing Lot 4 into two lots, Lot 4A and Lot 4B, thereby removing the nonconformity of having two residential structures on one lot and to expand the residential structure of Lot 4 by approximately 400 square feet, and WHEREAS, Applicant has submitted to the City Council of Aspen for approval, execution and recording a final plat entitled: "Ferguson Subdivision Exception andPUD Amendment", and WHEREAS, the City Council at its meeting of August 26, 1985, determined that the Applicant's request for such exception was appropriate and granted the same, subject, however, to the condi- tions described hereinafter, NOW, THEREFORE, the City Council of Aspen, Colorado, does determine that the application for exception from the full subdi- vision process for the purpose of subdividing Lot 4, Ferguson Exception Plat and for amending the PUD is proper and hereby grants such exception. PROVIDED, HOWEVER, that the foregoing exceptions are expressly conditioned upon: (1) The Applicant's recording of that certain Agreement of Covenants and Restrictions dated February 24, 1986, a copy of which is attached hereto as Exhibit "A", and (2) Recordation of that certain Final Plat entitled "Ferguson Subdivi- sion Exception and PUD Amendment", prior to the issuance of any building permits, and (3) Recordation and relocation of trees must be done in accordance with Section 13-76 of the Aspen Municipal Code, and (4) All Certificates of Occupancy for past additions to r::.nq 8""7 BOO~ vll '_ PAGE. i 1220 East Cooper shall be obtained prior to the issuance of any building permits: and (5) The Applicant's agreement to join any future improvement district in the event one is formed. Applicant reserves the right to vote on the formation of any improvement district. . Dated this ~~~_ day of ___C:~i~________'1986. ~:se~~-- APPROVED AS TO FORM: ~. \, ~~ 1 ~ ~ PauC.f:'ra:dd- e; City-Attorney I, Kathryn S. Koch, do hereby certify that the foregoing Statement of Exception From the Full Subdivision Process for the Purpose of Subdividing Lot 4, Ferguson Exemption Plat, and Arnend- ing the PUD was considered and approved by the Aspen City Council and that the Mayor, William L. Stirling, was authorized to execute the same on behalf of the City of Aspen. \\ tf .(S,. ", .., "'.; ...~ ..... ',I{".,._". '..~\ SEAL) ~ . 'c' ..: '" f 2Il. . ,. .' ~ (' ., Ji"....;;~ ", , O/l, J.. ", ", , .~,l\ / .' )~(2x;/C~_dJi~_______ Kathryn S:1Koch, City Clerk 2 , '. BOO<< 509 p:,G[878 Q.~~~~~~~!.Clli_ClL~Cl~~NAli~~!._~~~~~!.~~!.Clli~_~liQ._~ClliQ.!.~!.Clli~ These covenants and restrictions are made this _~~~_ day of ____~~_~~____________, 1986, by Don McGill, Inc., the owner of Lot 4, Ferguson Exemption Plat according to the map thereof recorded June 1, 1981, in Plat Book 11 at Page 59 in the City of Aspen, County of Pitkin, State of Colorado. Don McGill, Inc. has applied to the City of Aspen by way of that certain application for the Ferguson Subdivision Exception and P.U.D. Amendment, for the division of Lot 4 into two lots, Lots 4A and 4B. Pursuant to the motion of the City Council made August 26, 1985, the City of Aspen has determined that the excep- tion and P.U.D. amendment should be granted conditioned upon recordation of this Declaration of Covenants and Restrictions. 1. Covenantor is the owner of the following described pro- perty (the "Property"), together with the improvements thereon situated in the City of Aspen, County of Pitkin, State of Colo- rado: Lot 4 Ferguson Exemption Plat according to the map thereof recorded June 1, 1981, in Plat Book 11 at Page 59 (hereinafter "Property") 2. The single-family residence located upon Lot 4B, Ferguson Subdivision Exception and P.U.D. Amendment is hereby restricted in use and occupancy to the middle-income rental or sale guidelines established and indexed at the issuance of Certi- ficate of Occupancy by the City Council of the City of Aspen or its designee (hereinafter referred to as the "Housing Authority"). In the event that the single-family residence located upon Lot 4B becomes a sale unit, McGill agrees to execute a deed restriction approved by the Housing Authority setting forth the sale price, amount of appreciation, and terms and provisions of sale. -- "tl -.. =i,.. =v . ..... :=:0 c::> z::o n'" -1-1 -<-I ,> ~ ::0", "'~ :bo nz 02 3:: ::Om - 0::0 co m en ::0 N ~ ~ en N N r:;po ,-8"-'9 BOOK uu,J PHS, I 3. Employment and income of those persons living in the middle-income employee unit shall be verified by the Housing Auth- ority as a condition to occupancy. 4. In the event that any municipal improvement or improve- ments of a kind contemplated in Section 20-16 of the Municipal Code of the City of Aspen, as amended, become, in the sole judg- ment or discretion of the City Council of the City of Aspen, necessary or desirable to the area of Lot 4B, Covenantor will make no objection to any special improvement or special tax or proceed- ing therefor on the basis that the Property is adequately served by existing improvements and/or on the basis that the premises will not be served or benefitted by the improvement or improve- ments proposed. Covenantor further agrees to join, upon the City's demand therefor, any improvement district formed for con- struction of such improvements (including, without limitation, drainage, underground utilities, paving, curbs, gutters, side- walks, street lights, etc.) in the area of Lot 4B or to reimburse the City of Aspen directly upon demand therefor if the City should choose to construct these improvements without the formation of a district; however, Covenantor reserves the right to vote on the formation of any such improvement district. 5. The covenants herein may be changed, modified or amended by the recording of a written instrument signed by the record owners of the Property and the Mayor of the City of Aspen pursuant to a vote taken by the City Council. 6. None of the covenants contained herein shall be released or waived in any respect during the period they are binding with- out the prior consent of the City of Aspen reflected by resolution of the City Council of the City of Aspen. 7. In any legal proceed ing to enforce the prov is ions of these covenants, restrictions and conditions, the prevailing party shall be entitled to recover its costs and fees therein, including its reasonable attorneys fees and expert witness fees. ,r ~ "inn<< r:;.i)n "",,800 d'V:J r-. ,d~ '.... ..] 8. The covenants and restrictions set forth herein shall be deemed to run with the land as a burden thereto for the benefit of, and shall be specifically enforceable by, the City of Aspen or its designee by any appropriate legal action including injunction, abatement or eviction of a non-complying tenancy during the period of life of the last surviving member of the presently existing City Council of the City of Aspen, Colorado, plus twenty-one (21) years, or for a period of fifty (50) years from the date of recording thereof in the Pitkin County real property records, whichever period shall be greater. DON McGILL, INC. By jJ{kJ:2cd/L/21~~ Don McGill, President ATTEST: ~1-~c ~ J. ~. mmrnJItt- Secretary . "" l; C ,V"'. ......... .'" -..... ,. ... -0 ':. STAT~A<"-.,." ~;;,,-, "" ,,}~).: ~ 11 'I .' . Co Uflty p f'" ' ,/.., ,( ,~ j ss. The foregoing instrument was aCknowledged before me this ;),:",--:..':,}. day of ___~~~~_______________, 1986. My commission expires: .. ,....._. r'" __.l.f:J~::':...:._~_ __ ___ _ __._ _,_ __ __ __ ____ _ __ () '\ ~,~~,i ," G . ">' A .";~~ -k' '<;:--- .', ~ . 'j' / - .". " ~ '.~\\ i> , I * '7~- . '.J t'-') . r (",]';' " '(.j~' r-" . " ]_~, r __ ""'--__~":;::-..:=-::..._:.:..d_~-.J~- _ _ __ _ ___ _______ Notary Public BOOK 5Cn n,,'c8~.).1 .J r'I;;~ J ~ LU~D.CL~~L-~~~'\-"-f~fl-"____- Address '---HO-L\~~ Jf- 1--.0 ,Cj 6B ..'--, , ...- ;' MEI<<>RANDU M TO: THRU: Aspen City Council Hal Schilling, City Manager FROM: '-- ;-j Steve Burstein, Planning Office ''-'.:~,--- Ferguson POD Amendment and Subdivision Exemption RE: DATE: August 26, 1985 --------------------------------------------------------------------- --------------------------------------------------------------------- SUMMARY: The Planning Office and Planning Commission recommend approval of the request to split Lot 4 of the Ferguson Exemption Plat, creating two parcels with existing structures on them, Lot A with 21,047 sq. ft. and Lot B with 6,000 in the R-15A (POD) zone district. The conditions attached to the recommended approval are stated below. PREVIOUS COUNCIL AND PLANNING COMMISSION AerION: The four lots of the Ferguson Exemption Plat were created prior to annexation by approval of the Board of County Commissioners in 1981 through Resolution 80-1. In 1982, the Ferguson Exemption Plat wa s a nne xed into the Ci ty by adoption of City Council Ordinance 82-16. City Council rezoned the property to R-15A(POD) through Ordinance 82-18. Chipeta Avenue, shown on the Ferguson Exemption Plat paralleling State Highway 82, was vacated and quit claimed to the Ci ty at the same time. On July 16, 1985, the Planning Commission recommended approval of this PUD Amendment and Subdivision Exception with conditions as discussed later in this memorandum. BACKGROUND: The present owner of Lot 4, Don an addition on his house at 1220 E. Cooper. non-conformity of two structures on one presently allowed. APPLICABLE SEer IONS OF MUNICIPAL CODE: The proposed action is identified as a resubdivision and POD amendment within Section 24-8.25 of the Municipal Code. Section 24-8.26 lists the changes to a POD that require review by the Planning Commission and final approval by City Council. The lot split can be accomplished as a subdivision exception through provisions in Section 20-19, since substantial new developnent is not proposed. McGill, desires to build However,because of the lot, no enlargement is PROBLEM DISCUSSION: The resubdivision proposed would eliminate the existing non-conformities of structures. However, the easterly lot (Lot B) and structure would remain non-conforming in the following aspects: o Lot size of 6000 square feet in the R-15A zone (15,000 sq. ft. required). '"""..... -- o Encroachment in both side yard setbacks (10 feet required). o Encroachment in the front yard setback (25 feet required). It was determined by the Planning Office and Planning Commission that even though Lot B is non-conforming, the particular factors of non- conf ormi ty are all related to existing condi tions that were accepted into the City through annexation and rezoning in 1982. If this resubdivision is approved, any changes to the structure on Lot B would be strictly limited to the provisions of Section 24-13. On the other hand, Lot A would not be encumbered by non-conformities; and the proposed addition to the house would be allowable. The Planning Commission made as a condition of their recommendation that Lot B, originally proposed to be 5800 square feet, be increased to 6,000 square feet. It was felt that due to the landscaping berm and trees which now exist on the property, and the siting of structures, a situation has been created in which the disparity in sizes between Lots A and B cannot be further reduced without significant disturbance of vegetation and change in character of the property. It should be noted that there are no pa rti cular planni ng or env ironrnental conce rns with the proposed "hidden" addition to 1220 E. Cooper (Lot A). A major issue at the time of Planning Commission review was the status of the easterly house as an employee housing unit. It is clear that the intent of the BOCC Resolution 80-1 and City Council Ordinance 82- 16 by its reference to the BOCC Resolution was to insure that the house remain employee housing; however, no mechanism was specified and no deed-restriction had been filed. This issue has been resolved as the applicant received approval for an agreement of covenants and restrictions for rent and resale of 1240 E. Cooper to the middle- income guidelines on August 15, 1985. In a memorandum from Patsy Newbury date August 12, 1985, it was stated that there are still some additions to the 1220 E. Cooper residence that require Certificate of Occupancy. The CO's should be taken care of at this time. ADVISORY COMMITTEE VOTE: The Planning and Zoning Commission recom- mended in favor of this subdivision exception and roD amendment with five conditions, some of which have been met prior to City Council's review and are no longer applicable. RECOMMENDED MOTION: "Move to approve the Ferguson roD amendment and Subdivision Exception sUbject to the following conditions: 1. A Final Plat shall be submitted which conforms to the requirements of Section 24-8.12 and Section 20-15 of the Municipal Code prior to the issuance of any building pe rmit s . 2. The deed-restriction and agreement pertaining to 1240 2 ?'.."" .....-../ E. Cooper shall be recorded through the City Attorney's Office and recorded with the County Clerk and Recorder of Pitkin County, Colorado prior to the issuance of any building permits. 3. The applicant shall submit a Statement of Subdivision Exception through the City Attorney prior to recordation of the plat. 4. Removal and relocation of trees must be done in accordance with Section 13-17 of the Municipal Code. 5. All Certificates of Occupancy for past additions to 1220 E. Cooper shall be obtained prior to the issuance of any building permits. SB.2 3 , --. i "'" ",) ......... DENVER Of'"".ICE SUITE zeoo ~55 SEVENTEENTH STREET DENVER, COLORADO 80202 TELEPHONE (303) 295-8000 TELECOPIER (303) 295-8261 HOLLAND & HART ATTORNEYS AT LAW WASHINGTON, D. C. OrF'leE SUITE 1200 1875 EYE STREET, N. W. WASHINGTON, O. C. 20006 TELI!:PHONE (202) <4156-'7340 TELECOPIER 12021<466-7354 600 EAST MAIN STREET ASPEN, COLORADO elerl TELEPHONE 13031 925-3476 MONTANA OF'F'ICE SUITE 1"00 175 NORTH 27TH STREET BILLINGS, MONTANA 59rOl TELEPHONE (4061 252-2166 TELECOPIER (406)252-1669 WYOMING OF"F"ICE SUITE 500 2020 CAREY AVENUE CHEYENNE, WYOMING 82001 TELEPHONE (3071 632-2160 TEL!:COPIER 13071 778-8175 BARBARA K, PURVIS S. E.OENVER or-neE SUITE 1250 7887 EAST BELLEI/1EW AVENUE ENGLEWOOD, COLORADO 801ll TELEPHONE 13031 7<41-1226 June 25, 1985 Mr. Alan Richman City of Aspen, Planning Department 130 South Galena Street Aspen, Colorao 81611 '~rn@ rn Q\'{/@ ITI 1)1 JJN 2 5 1985 \D 11/ Re: Ferguson Exemption and PUD Amendment Dear Alan: Pursuant to your request for a narrative of the historical development of the Ferguson subdivision, I have prepared the sum- mary set forth below. The subject subdivision was formerly known as the "Riverside Addition", which contained 17 lots owned by Larry Ferguson. In January of 1980, Mr. Ferguson obtained subdivision exemption approval from the Pitkin County Board of Commissioners to separately parcel up to five lots to be formed from lots 1 through 17. The resolution designated the cabin structure as employee housing. (I have attached a copy of the resolution, #80-1 recorded in Book 382 at Page 163, for your review.) The Ferguson Exemption Plat was recorded June 1, 1981 in Book 11 at Page 59 and depicts the configuration of four lots. (I have enclosed four copies of the plat). By Ordinance No. 16 (Series of 1982) the Aspen City Council annexed to the City, the four lots described above. (See enclosed copy of Ordinance 16.) The four lots depicted on the Ferguson Exemption Plat were zoned as R-15A/PUD by Ordinance No. 18 (Series 1982). (See enclosed copy of Ordinance 18.) I am also enclosing four copies of the Improvement Location Certificate prepared by Sydney Lincicome, which depicts the pro- posed placement of the boundary line. Due to preparation costs, the final rendering has not as yet been prepared. I am requesting that final approval be contingent upon approval of the final plat by the planning and legal staff for the City of Aspen. -\ HOLLAND &HART " I "'""" ....i Mr. Alan Richman June 25, 1985 Page 2 Please contact me if any additional information is required for consideration of the referenced application. Very truly yo~ ~IoJIL X5tHv~ Barbara K. Purvis for Holland & Hart BKP/klb Enclosure cc: Don r,lcGill Har ry Mayer .~ <, ,"",.,..- Addendum To Application For Subdivision Exemption & PUD Amendment Lot 4, Ferguson Exemption is an oversized lot containing two single family structures. The westerly structure is a large con- temporary home occupied by Don McGill and his family. The easterly structure is a log cabin occupied by an employee of Mr. McGill and the structure is deed restricted for employee housing under Board of County Commissioners Resolution 80-1. The topography and landscaping between the two structures lends itself to the division of the property due to the placement of trees and berms between the structures. The proposal to subdivide this lot is exempt from the strict application of the subdivision provisions since the property is fully developed due to the existing two single family residences. Therefore no change in density or use is proposed. The zoning, R-15A PUD allows for a variation in lot size to permit the proposed lots. The parking requirements for the two single family residences exist on-site. The main structure has a two car garage plus area abutting the garage sufficient for two cars to park without affecting access to the garage. The second structure has a sepa- rate source of access and parking for a minimum of three vehicles. ~~ /' " CIT'Y OF' ASPEN 130 south galena street aspen, colorado 81611 303-925 -2020 LAND USE APPLICATION FORM DATE SUBHITTED FEES S1.490.00 NAME 'Don HcGill c/o Barbara k. Purvis of Holland & Hart ADDRESS 600 East Main Street, Aspen, Colorado 81611 PHONE (303) 925-3476 NA}lE OF PROJECT FPT"iuson Subdivision Exemption & PUD Amendment PRESENT ZONING R-l 'iA pun .. LOT SIZE 26 999 + s uare feet LOCATIO:; Lot 4. Fero:uson Exemption (indicate street address, description. A vicinity (according to the map the reo Plat June 1. 1981 in Plat Book 11 lot and block number. map is very useful.) CURRENT BUILD-OUT ?qnn + 1?19 sq. ft. tl'W units PROPOSED BUILD-OUT 3300'+'1239 sq. ft. two units DESCRIPTION OF EXISTING USES Each structure is a single fa~ily residence with the --SlJ'l:l11 PT ~tT1tr.ture r.arrving a dee.d restriction as employee housing. DESCRIPTION OF LAND USE PROPOSAL This proposal is to continue the present use of the structures as single family residences and to remove the nonconformity of having two structures on one lot by subdividing the lot (see attached Addendum). TYPE OF APPLICATION -Subdivision Exemption & Pun Amendment APPLICABLE CODE SECTION (S) 20-19 and 24-8,25 PLAT ANENDHENT REQUIRED X YES April 10, 1985 ..__NO DATE PRE-APPLICATION CONFERENCE COHPLETED -...--- AITACHHENTS: 1. All applicants must supply Proof of Ownership in the form of a title insurance commitm(~~ or st2:emcnt from an attorney indicating ,that he/she has research, d the title and verifies that the applicant is the owner of the prorc~ty (free of liens and eucumbrances.) 2. If the process requires ~ public hearing, a Pro~y Owner's List must be supplied which E 'es all Olo'rlers within 300 feet in all directions in some cases and adjacent owners in some cases. 3. Number of copies required (by code and/or in pre-application conference, ) 4. Plat by RegIstered Surveyor Yes No - DENVER O"-FICE SUITE 2900 555 SEVENTEENTH STREET OENVER,COLORADO 60202- TELEPHONE (303) 295-BOOO TELECOPIER (303)295-6261 HOLLAND & HART ATTORNEYS AT LAW WASHINGTON, O. C. OF'r1CE SUITE 1200 '875 EYE STREET, N. W. WASHINGTON, O. C. 20006 TELEPHONE (202) 466-7340 TELECOPIER (202)466-7354 600 EAST MAIN STREET ASPEN, COLORADO BIBII TELEPHONE (303) 925-3476 MONTANA OF"FICE SUITE 1400 175 NORTH 27TH STREET BILLINGS, MONTANA 59101 TELEPHONEI4Q6Iz52"ZI66 TELECOPIER (406) 252-1669 WYOMING OFFICE SUITE 500 2020 CAREY AVENUE CHEYENNE,WYOMING 82001 TELEPHONE (307) 63.2-2160 TELECOPIER (3071 776-8175 BARBARA K, PURVIS 5. E.DENVER OFFICE SUITE 1250 78S7 EAST BELLEV1EW AVENUE ENGLEWOOO, COLORADO 60111 TELEPHONE (303) 7041-1226 June 25, 1985 Mr. Alan Richman City of Aspen, Planning Department 130 South Galena Street Aspen, Colorao 81611 D {I@mn~m IT .... 2 5 · \U Re: Ferguson Exemption and PUD Amendment Dear Alan: Pursuant to your request for a narrative of the historical development of the Ferguson subdivision, I have prepared the sum- mary set forth below. The subject subdivision was formerly known as the "Riverside Addition", which contained 17 lots owned by Larry Ferguson. In January of 1980, Mr. Ferguson obtained subdivision exemption approval from the Pitkin County Board of Commissioners to separately parcel up to five lots to be formed from lots 1 through 17. The resolution designated the cabin structure as employee housing. (I have attached a copy of the resolution, #80-1 recorded in Book 382 at Page 163, for your review.) The Ferguson Exemption Plat was recorded June 1, 1981 in Book 11 at Page 59 and depicts the configuration of four lots. (I have enclosed four copies of the plat). By Ordinance No. 16 (Series of 1982) the Aspen City Council annexed to the City, the four lots described above. (See enclosed copy of Ordinance 16.) The four lots depicted on the Ferguson Exemption Plat were zoned as R-15A/PUD by Ordinance No. 18 (Series 1982). (See enclosed copy of Ordinance 18.) I am also enclosing four copies of the Improvement Location Certificate prepared by Sydney Lincicome, which depicts the pro- posed placement of the boundary line. Due to preparation costs, the final rendering has not as yet been prepared. I am requesting that final approval be contingent upon approval of the final plat by the planning and legal staff for the City of Aspen. - .... " HOLLAND &HART Mr. Alan Richman June 25, 1985 Page 2 Please contact me if any additional information is required for consideration of the referenced application. Very truly yo~ ~/zJJ(L X5f/-1t/~ Barbara K. Purvis for Holland & Hart BKP/klb Enclosure cc: Don McGill Har ry Mayer - ,.." , Addendum To Application For Subdivision Exemption & PUD Amendment Lot 4, Ferguson Exemption is an oversized lot containing two single family structures. The westerly structure is a large con- temporary home occupied by Don McGill and his family. The easterly structure is a log cabin occupied by an employee of Mr. McGill and the structure is deed restricted for employee housing under Board of County Commissioners Resolution 80-1. The topography and landscaping between the two structures lends itself to the division of the property due to the placement of trees and berms between the structures. The proposal to subdivide this lot is exempt from the strict application of the subdivision provisions since the property is fully developed due to the existing two single family residences. Therefore no change in density or use is proposed. The zoning, R-15A PUD allows for a variation in lot size to permit the proposed lots. The parking requirements for the two single family residences exist on-site. The main structure has a two car garage plus area abutting the garage sufficient for two cars to park without affecting access to the garage. The second structure has a sepa- rate source of access and parking for a minimum of three vehicles. --I , ~I1'Y OF ASpl7N I I 130 south galena street aspen, colorado 81611 303-925 -2020 LAND USE APPLICATION FORM DATE SUBHITTED FEES 5]_490.00 NAME "Don UcGill c/o Barbara k. Purvis of Holland Co Hart ADDRESS 600 East Main Street, Aspen, Colorado 81611 PHONE (3031 925-3476 NAME OF PROJECT 'FPTP11!,;OP Subdivision ExeU:Ption & pun Amendment PRESENT ZONING R_lI:\A PTm LOT SIZE 26, 999 + sauaTe feet (according to the map thereof recorded ) Plat June I, 1981 in Plat Book 11 at Page 59. lot and block number. Hay require legal map 1s very useful.) LOCA'IlO~ Lot 4. Fen'::uson Exemption (indicate street address, description. A vicinity CURRENT BUILD-OUT ?900 + 1219 sq. ft. two units PROPOSED BUILD-OUT 3300'+ 1239 sq. ft. two units DESCRIPTION OF EXISTING USES Each structure is a single family residence with the l'lm:ll1PT ~r-rll('ttlre <,,:arrvin2: a deed restriction as employee housing. DESCRIPTION OF LAND USE PROPOSAL This proposal is to continue the present use of the structures as single family residences and to remove the nonconformity of having two structures on one lot by subdividing the lot (see attached Addendum). TYPE OF APPLICATION -Subdivision ExemPtion & PUll Amendment APPLICABLE CODE SECTION (S) ?O-19 and 24-8. 25 PLAT AHENDHENT REQUIRED X YES _.__NO DATE PRE-APPLICATION CONFERENCE COMPLETED April 10, 1985 ATTACHMENTS: 1. All applicants must supply Proof of Ownership in the form of a title insurance commitm(~~ or statement from an attorney indicating ,that he/she has research. d the title and verifies that the applicant 15 the owner of the propt~ty (free of liens and eucumbrances.) 2. If the process requires :-: public hearing, a Property Owner's List must be supplied which E "es all o\.'Ilcrs within 300 feet 1n all directions 1n so~e cases and adjacent owners 1n some cases. 3. Number of copics required (by code and/or in pre-application conference. ) 4. Plat by Registered Surveyot Yes No ,. . ,. CI1'Y OF' ASPEN 130 south galena street aspen, colorado 81611 303-925 -2020 LAND USE APPLICATION FORM DATE SUBMITTED FEES S 1.490. 00 NAME Don McGill c/o Barbara k. Purvis of Holland & Hart ADDRESS 600 East Main Street, Aspen, Colorado 81611 PHONE (303) 925-3476 NAME OF PROJECT !'pr\!lIROn SlIbdivision Exemption & PUD Amendment PRESENT ZONING R-l'iA l'TTn -- LOT SIZE 26, 999 + s uare feet LOCATI01'l Lot 4. Fer2:uson Exemption (indicate street address, description. A vicinity (according to the map the reo Plat June 1. 1981 in Plat Book 11 lot and block number. map is very useful.) CURRENT BUILD-OUT ?qnn + 1219 sq. ft. t'\o,,TQ units PROPOSED BUILD-OUT 3300 '+.1239 sq. it. two units DESCRIPTION OF EXISTING USES Each structure is a single fa~ily residence with the ~m,ql1pr Rtrl1C'tllre. c.arrving a deed restriction as employee housing. DESCRIPTION OF LAND USE PROPOSAL This proposal is to continue the present use of the structures as single family residences and to remove the nonconformity of having two structures on one lot by subdividing the lot (see attached Addendum). TYPE OF APPLICATION SlIhdivision Exemption & PUD Amendment. APPLICABLE CODE SECTION (S) 20-]9 and 24-8.25 PLAT AMENDMENT REQUIRED x YES DATE PRE-APPLICATION CONFERENCE COMPLETED ____NO April 10, 1985 ATTACHMENTS: 1. All applicants must supply Proof of Ownership in the form of a title insurance commitmc...;: OT statement from an attorney indicating .that he/she has research d the title and verifies that the applicant is the owner of the proF". ny (free of liens and eucumbrances _) 2. If the process requires ~ public hearing, a Property Owner's List must be supplied which g 'es all owners within 300 feet in all directions in some cases and adjacent owners 1n Some cases. 3. Number of copies required (by code and/or in pre-application conference, ) 4. Plat hy Regi.stered Surveyor Yes No -- MBII>RANDUM FROM: Aspen City Council ~ Hal Schilling, City Manag Steve Burstein, Planning 0 ce ~ TO: THRIl: RE: Ferguson POD Amendment and Subdivision Exemption DATE: August 26, 1985 --------------------------------------------------------------------- --------------------------------------------------------------------- SUMMARY: The Planning Office and Planning Commission recommend approval of the request to split Lot 4 of the Ferguson Exemption Plat, creating two parcels with existing structures on them, Lot A with 21,047 sq. ft. and Lot B with 6,000 in the R-15A (POD) zone district. The conditions attached to the recommended approval are stated below. PREVIOOS COUNCIL AND PLANNING COMMISSION AClION: The four lots of the Ferguson Exemption Plat were created prior to annexation by approval of the Board of County Commissioners in 1981 through Resolution 80-1. In 1982, the Ferguson Exemption Plat was annexed into the City by adopti on of City Council Ordinance 82-16. City Council rezoned the property to R-15A(POD) through Ordinance 82-18. Chipeta Avenue, shown on the Ferguson Exemption Plat paralleling State Highway 82, was vacated and quit claimed to the Ci ty at the same time. On July 16, 1985, the Planning Commission recommended approval of this PUD Amendment and Subdivision Exception with conditions as discussed later in this memorandum. BACKGROUND: The present owner of Lot 4, Don an addition on his house at 1220 E. Cooper. non-conformity of two structures on one presently allowed. APPLICABLB SBC'l'IONS OF MUNICIPAL CODE: The proposed action is identified as a resubdivision and POD amendment within Section 24-8.25 of the Municipal Code. Section 24-8.26 lists the changes to a POD that require review by the Planning Commission and final approval by City Council. The lot split can be accomplished as a subdivision exception through provisions in Section 20-19, since substantial new developnent is not proposed. McGill, desires to build However,because of the lot, no enlargement is PROBLBM DISCOSSION: The resubdivision proposed would eliminate the existing non-conformities of structures. However, the easterly lot (Lot B) and structure would remain non-conforming in the following aspects: o Lot size of 6000 square feet in the R-15A zone (15,000 sq. ft. required). -..-- -- o Encroachment in both side yard setbacks (10 feet required). o Encroachment in the front yard setback (25 feet required). It was determined by the Planning Office and Planning Commission that even though Lot B is non-conforming, the particular factors of non- conformity are all related to existing conditions that were accepted into the City through annexation and rezoning in 1982. If this resubdivision is approved, any changes to the structure on Lot B would be strictly limited to the provisions of Section 24-13. On the other hand, Lot A would not be encumbered by non-conf ormi ties; and the proposed addition to the house would be allowable. The Planning Commission made as a condition of their recommendation that Lot B, originally proposed to be 5800 square feet, be increased to 6,000 square feet. It was felt that due to the landscaping berm and trees which now exist on the property, and the siting of structures, a situation has been created in which the disparity in sizes between Lots A and B cannot be further reduced without significant disturbance of vegetation and change in character of the property. It should be noted that there are no particular planning or environmental concerns with the proposed RhiddenR addition to 1220 E. Cooper (Lot A). A major issue at the time of Planning Commission review was the status of the easterly house as an emPloyee housing unit. It is clear that the intent of the BOCC Resolution 80-1 and City Council Ordinance 82- 16 by its reference to the BOCC Resolution was to insure that the house remain employee housing; however, no mechanism was specified and no deed-restriction had been filed. This issue has been resolved as the appl icant received approval for an agreement of covenants and restrictions for rent and resale of 1240 E. Cooper to the middle- income guidelines on August 15, 1985. In a memorandum from Patsy Newbury date August 12, 1985, it was stated that there are still some additions to the 1220 E. Cooper residence that require Certificate of Occupancy. The CO's should be taken care of at this time. ADVISORY COMMITTEE VOTE: The Planning and Zoning Commission recom- mended in favor of this subdivi sion exception and PUD amendment wi th five conditions, some of which have been met prior to City Council's review and are no longer applicable. REOOMMBNDED MOTION: RMove to approve the Ferguson PUD amendment and Subdivision Exception subject to the following conditions: 1. A Final Plat shall be submitted which conforms to the requirements of Section 24-8.12 and Section 20-15 of the Municipal Code pr ior to the issuance of any building pe rmit s . 2. The deed-restriction and agreement pertaining to 1240 2 ......----..--, E. Cooper shall be recorded through the City Attorney's Office and recorded with the COunty Clerk and Recorder of Pitkin County, Colorado prior to the issuance of any building permits. 3. The applicant shall submit a Statement of Subdivision Exception through the City Attorney prior to recordation of the plat. 4. Removal and relocation of trees must be done in accordance with Section 13-17 of the Municipal Code. 5. All Certificates of Occupancy for past additions to 1220 E. Cooper shall be obtained prior to the issuance of any building permits. SB.2 3 /"..... /",", .....,.,' MEMORJ\NOOM THRU: Aspen City Council Hal Schilling, City Manager TO: FROM: RE: \0 Steve Burstein, Planning Office \\:~ DATE: Ferguson POD Amendment and Subdivision Exemption August 26, 1985 --------------------------------------------------------------------- --------------------------------------------------------------------- SUMMARY: The Planning Off ice and Planning Commission recommend approval of the request to split Lot 4 of the Ferguson Exemption Plat, creating two parcels with existing structures on them, Lot A with 21,047 sq. ft. and Lot B with 6,000 in the R-15A (roD) zone district. The conditions attached to the recommended approval are stated below. PREVIOUS COUNCIL AND PLANNING COMMISSION AcrION: The four lots of the Ferguson Exemption Plat were created prior to annexation by approval of the Board of County Commissioners in 1981 through Resolution 80-1. In 1982, the Ferguson Exemption Plat was annexed into the City by adopti on of City Council Ordinance 82-16. City Council rezoned the property to R-15A(POD) through Ordinance 82-18. Chipeta Avenue, shown on the Ferguson Exemption Plat paralleling State Highway 82, was vacated and quit claimed to the City at the same time. On July 16, 1985, the Planning Commission recommended approval of this PUD Amendment and Subdivision Exception with conditions as discussed later in this memorandum. BACKGROUND: The present owner of Lot 4, Don an addition on his house at 1220 E. Cooper. non-conformity of two structures on one presently allowed. McGill, desires to build However, because of the lot, no enlargement is APPLICABLE SEcrIONS OF MUNICIPAL CODE: The proposed action is identified as a resubdivision and POD amendment within Section 24-8.25 of the Municipal Code. Section 24-8.26 lists the changes to a POD that require review by the Planning Commission and final approval by Ci ty Council. The lot spl it can be accomplished as a subdivision exception through provisions in Section 20-19, since substantial new developnent is not proposed. PROBLEM DISCUSSION: The resubdivision proposed would eliminate the existing non-conformities of structures. However, the easterly lot (Lot B) and structure would remain non-conforming in the following aspects: o Lot size of 6000 square feet in the R-15A zone (15,000 sq. ft. required). o Encroachment in both side yard setbacks (10 feet required). o Encroachment in the front yard setback (25 feet required). It was determined by the Planning Office and Planning Commission that even though Lot B is non-conforming, the particular factors of non- conformi ty are all related to exi sting condi tions that were accepted into the City through annexation and rezoning in 1982. If this resubdivision is approved, any changes to the structure on Lot B would be strictly limited to the provisions of Section 24-13. On the other hand, Lot A would not be encumbered by non-conformities; and the proposed addition to the house would be allowable. The Planning Cornmi ssion made as a condi tion of their recommenda ti on that Lot B, originally proposed to be 5800 square feet, be increased to 6,000 square feet. It was felt that due to the landscaping berm and trees which now exist on the property, and the siting of structures, a situation has been created in which the disparity in sizes between Lots A and B cannot be further reduced without significant disturbance of vegetation and change in character of the property. It should be noted that there are no particular planning or environmental concerns with the proposed "hidden" addition to 1220 E. Cooper (Lot A). A major issue at the time of Planning Commission review was the status of the easterly house as an employee housing unit. It is clear that the intent of the BOCC Resolution 80-1 and City Council Ordinance 82- 16 by its reference to the BOCC Resolution was to insure that the house remain employee housing; however, no mechanism was specified and no deed-restriction had been filed. This issue has been resolved as the appl icant received approval for an agreement of covenants and restrictions for rent and resale of 1240 E. Cooper to the middle- income guidelines on August 15, 1985. In a memorandum from Patsy Newbury date August 12, 1985, it was stated that there are still some additions to the 1220 E. Cooper residence that require Certificate of Occupancy. The CO's should be taken care of at this time. ADVISORY COMMITTEE VOTE: The Planning and Zoning Commission recom- mended in favor of this subdivision exception and roD amendment with five conditions, some of which have been met prior to City Council's review and are no longer applicable. RECOMMENDED MOTION: "Move to approve the Ferguson roD amendment and Subdivision Exception subject to the following conditions: 1. A Final Plat shall be submitted which conforms to the requirements of Section 24-8.12 and Section 20-15 of the Municipal Code prior to the issuance of any building permits. 2. The deed-restriction and agreement pertaining to 1240 2 ",' ." E. Cooper shall be recorded through the City Attorney's Office and recorded with the County Clerk and Recorder of Pitkin County, Colorado prior to the issuance of any building permits. 3. The applicant shall submit a Statement of Subdivision Exception through the City Attorney prior to recordation of the plat. 4. Removal and relocation of trees must be done in accordance with Section 13-17 of the Municipal Code. 5. All Certificates of Occupancy for past additions to 1220 E. Cooper shall be obtained prior to the issuance of any building permits. SB.2 3 ;.~ ---- I",., .>' DENVER C'-FICE SUITE 2VOD 555 SEVENTEENTH STREET OENVER, COLORADO 80202 TELEPHONE 1303) 295-8000 TELECOPIER (303) 295-8281 HOLLAND & HART ATTORN EYS AT LAW WASHINGTON, D. C. 0 F"F'ICE SUITE 1200 1875 EYE STREET, N. W. WASHINGTON, D. C. 20006 TELEPHONE CZ02) <466 -7340 TELECOP1ER 12021466-7354 600 EAST MAIN STREET ASPEN, COLORADO elSl1 TELEPHONE (303) 925-3476 MONTAN" 0 f"nCE SUITE 1400 175 NORTH 27TH STREET BILLINGS, MONTANA 59101 TELEPHONE 14061252-2166 TELECOPIER 14061 252-1669 WYOMING DrF"ICE SUITE 500 2020 CAREY AVENUE CHEYENNE,WYOMING 82001 TELEPHONE 13071 632-2160 TELECOPIEA 13071 778-8175 BARBARA K, PURVIS S. E.DENVER C'-FleE SUITE 1250 7887 EAST BELL.EVIEW AVENUE ENGLEWOOD, COL.ORADO 80111 TELEPHONE (3031741-1226 June 25, 1985 Mr. Alan Richman City of Aspen, Planning Department 130 South Galena Street Aspen, Colorao 81611 ~I~@~n~~ ~ JJN 25 \985 \D \\ \\~ Re: Ferguson Exemption and PUD Amendment Dear Alan: Pursuant to your request for a narrative of the historical development of the Ferguson subdivision, I have prepared the sum- mary set forth below. The subject subdivision was formerly known as the "Riverside Addition", which contained 17 lots owned by Larry Ferguson. In January of 1980, Mr. Ferguson obtained subdivision exemption approval from the pitkin County Board of Commissioners to separately parcel up to five lots to be formed from lots 1 through 17. The resolution designated the cabin structure as employee housing. (I have attached a copy of the resolution, *80-1 recorded in Book 382 at Page 163, for your review.) The Ferguson Exemption Plat was recorded June 1, 1981 in Book 11 at Page 59 and depicts the configuration of four lots. (I have enclosed four copies of the plat). By Ordinance No. 16 (Series of 1982) the Aspen City Council annexed to the City, the four lots described above. (See enclosed copy of Ordinance 16.) The four lots depicted on the Ferguson Exemption Plat were zoned as R-15AjPUD by Ordinance No. 18 (Series 1982). (See enclosed copy of Ordinance 18.) I am also enclosing four copies of the Improvement Location Certificate prepared by Sydney Lincicome, which depicts the pro- posed placement of the boundary line. Due to preparation costs, the final rendering has not as yet been prepared. I am requesting that final approval be contingent upon approval of the final plat by the planning and legal staff for the City of Aspen. , -, i '-..., . ) /' ... HOLLAND &HART .'"," Mr. Alan Richman June 25, 1985 Page 2 Please contact me if any additional information is required for consideration of the referenced application. Very truly yo~ a,/ztJ /J- X5t/-1v~ Barbara K. Purvis for Holland & Hart BKPjklb Enclosure cc: Don r,lcGill Harry Mayer . -~\ f", I ....."'" Addendum To Application For Subdivision Exemption & PUD Amendment Lot 4, Ferguson Exemption is an oversized lot containing two single family structures. The westerly structure is a large con- temporary home occupied by Don McGill and his family. The easterly structure is a log cabin occupied by an employee of Mr. McGill and the structure is deed restricted for employee housing under Board of County Commissioners Resolution 80-1. The topography and landscaping between the two structures lends itself to the division of the property due to the placement of trees and berms between the structures. The proposal to subdivide this lot is exempt from the strict application of the subdivision provisions since the property is fully developed due to the existing two single family residences. Therefore no change in density or use is proposed. The zoning, R-15A PUD allows for a variation in lot size to permit the proposed lots. The parking requirements for the two single family residences exist on-site. The main structure has a two car garage plus area abutting the garage sufficient for two cars to park without affecting access to the garage. The second structure has a sepa- rate source of access and parking for a minimum of three vehicles. -, CI~'Y OF' ASPE1\r 130 south galena street aspen, colorado 81611 303-925 -2020 LAND USE APPLICATION FORM DATE SUBHITTED FEES S 1.490. 00 NAME 'Don McGill c/o Barbara k. Purvis of Holland & Hart ADDRESS 600 East Main Street, Aspen, Colorado 81611 PHONE (303) 925-3476 NAME OF PROJECT Fprgu~on Subdivision Exemption & PUD Amendment PRESENT ZONING R-l ~A Plm -- LOT SIZE 26 999 + s uare feet LOCATIO:; Lot 4. Fereuson Exemption (indicate street address, description. ^ vicinity (according to the map thereo Plat June 1. 1981 in Plat Book 11 lot and block number. map is very useful.) CURRENT BUILD-OUT ?9nn t 1219 sq. ft. t\\TO units PROPOSED BUILD-OUT 3100'+'1239 sq. ft. two units DESCRIPTION OF EXISTING USES Each structure is a single fa~ily residence with the -SIJ1::111 PT ~H.-rll('tllre c..arrving a deed restriction as employee housing. DESCRIPTION OF LAND USE PROPOSAL This proposal is to continue the present use of the structures as single family residences and to remove the nonconformity of having two structures on one lot by subdividing the lot (see attached Addendum). TYPE OF APPLICATION 'Subdivision Exemption & PIlJ) Amendment APPLICABLE CODE SECTION (S) PLAT Al'lENDMENT REQUIRED 20-19 and 24-8.25 x YES __ . ___NO DATE PRE-APPLICATION CONFERENCE COMPLETED April 10, 1985 ATTACHMENTS: 1. All applicants must supply Proof of Ownership in the form of a title insurance c:ommitmE'..'\~ or statement from an attorney indicating that he/she has research.d the title and verifies that the applicant 'is the owner of tbe prop'. ny (free of liens and eucumbrances.) 2. If the process requires Co public bearing, a Pro~y Owner's List must be supplied which E 'es all o\-'ners within 300 feet in all directions in some cases and adjacent owners in some cases. 3. Number of copies required (by code and/or in pre-application conference.) 4. Plat by Registered SurveyoI Yes No MEMQHAND_UM DHt e: Au}{ust 12, 1985 TO: Janet Haczak, BuildIng Department F'fi'OM: PCltSY Newbury, Zoni.ng OfficiHl r SUBJECT: Ferguson (McGi] L) Subdivision Exception and PHIl Amendment l'!)t. f'(ll_lowing arc> my refprral c'ommpllts fur the ahove: Ii Why are we creatIng another small non-conf()rnllllg ]elt. If this is to be done, emphasIze that th~ eXIsting emplt>yce unit may or may not have additions. ~) How does this affect tn(~' original pun \vhich required t!H~ Employee iini t on Lot B. J Whu will bp f"esponslble fCll' ['pntnJ of employee uni.ts? '_'1,1 Call it be sold":) ~) HJn unal,le te) flOd (ieed t-pstt'lc,t_iflns (JS need t() lIe filerl In the Clerk & Recorder's Office for' employee unit. f) Tht'rf:> are S(lme :-ldrl:iti.nns thot still t'f}quir"(> Cl~rtjf:icHte of 0c cupanc:\' 1'N ar '" , ,. 4-1'11 1/ ((-I)~A 2f(!i'frf ). f ) t'~ h I1h' I Oh-fotlUiJ d'J-'oc kelM / hPVJfb/lI!t. , I J.,;,J (POIJ" CI~?fI') Ii ncn~cl;>,fdlf") r piJO/l)hwt t/ny5h-.f1/ih C' .b'n & bIt h' III t \1~^)\ qJd "", 71 Q;My bvllA r~ hpvy~~V'.. whJ'1 ~ if ~it-'("oL\ir", w(t~ Vj I ( ;:Yf-VOA' ' ~1 \ ll. l LDnl-.j;" ' \J~TNI' fflol In rYct'",^'- L{(j i lot; ? hr I, fr(J0.x'''+;~ ~ ~ j;J t~ rrf^ &1& f'1;J, ~ MEMORANDUM To: steve Burstein, Planning Department From: Elyse Elliott, Engineering Department ~ Date: June 9, 1985 , ; Re: Ferguson PUD Amendment ================================================================== After reviewing the above application and making a site inspection, the Engineering Department has the following comments: The plat that was submitted is not adequate because it was not surveyed within 12 months of the application date and also because it does not have a scale, nor does it identify the adjoining lots or the location of existing fences and utilities. Also, the metes and bounds information does not satisfy mathematical closure. The appl icant I s attorney suggested in her lettez: of appl,ica.tion that the final approval be contingent upon approval of the final plat. We would be amenable to this. Other than the plat, this departm"-~ bas no problems with thi s application as it does not change tuc .:haracter of the development and won't alter any parking, traffic, open space or easement conditions. ("'.... ....# ,...".\ DEN.....ER or,.ICE SUITE 2eoo !5!5!5 SEVENTEENTH STREET DENVER,COL.ORACO 80202 TELEPHONE t3031 285-8000 TELECOPIER 13031 2a5-8261 HOLLAND & HART ATTORNEYS AT LAW WASHINGTON, D, C. OF"F'lCE SUITE 1200 1875 EVE STREET, N. W. WASHINGTON, D. C. 2000e TEL!:PHONE 12021 ""66-73.40 TEL.EC.OPIER 12021""68-735-4 600 EAST MAIN STREET ASPEN, COL.ORADO 1"611 TEI..EF>HONE t3031 a25-34I7& MONTANA O,-,.ICE SUITE ''''00 175 NORTH 27TH STREET elLLINGS, MONTANA SeiDl TEL.EPHDNE1",,06) 252-2186 TELECOPtER (40tH 252- usee WYOMING Or-FICE SUITE SOD 2020 CAREY AVENUE CHEYENNE,WYOMING 82001 TELEPHONE {3071 632.2160 TEL.ECOPIER (3071 778-8175 BARBARA K. PURVIS August 2, 1985 S. E.DENVER orneE SUITE 1250 7887 EAST 8ELL.EVIEW AVENUE ENGLEWOOO, COL.ORADO eOltl TELEPHONE (3031 7"'1-1226 Mr. Don McGill 11800 Old Katy Road Houston, TX 77079 Re: Lot 4, Ferguson Exemption Subdivisi Aspen, Colorado Dear Don: I have enclosed the final draft of the Agreement of Covenants and Restrictions which specifies the restrictions which will be placed on the cabin. Please review the agreement and if it meets with your approval, execute page 2 and have a notary attest to your signature and specify the state and county of execution. Please contact me if you have any question regarding this mat- ter. Very truly yours~~ ~/JJ-u-- bt&v~ Barbara K. Purvis for Holland & Hart BKP/jcd Enclosure cc: Ann Bowman (w/e) Steve Burstein (w/e) 'I~ (- J I ~'Al~ .~ ~ HOLLAND & HART DENVER OFFICE SUITE 2900 555 SEVENTEENTH STREET DENVER, COLORADO 60202 TELEPHONE (303) 295-8000 TELECOP1ER (303) 295-8261 ATTORN EYS AT LAW 600 EAST MAIN STREET ASPEN, COLORADO BIBl. TELEPHONE (303) 925-3476 MONTANA OFFICE SUITE 1400 175 NORTH 27TH STREET BILLINGS, MONTANA 59101 TELEPHONE (406) 252-2166 TELECOPIEFl (406) 252-1669 July 29, ]955 Ann Bowm.~n ,\spen-pj tkin County Housing Author;' ty 0100 Lone Pine Road Aspen, CO 81611 R~: Lot 4, F'ergu6on Exe'mption Pl~t Gear .f~nn: WASHINGTON, O. C.OF"FlCE SUITE 1200 1675 EYE STREET, N. W. WASHINGTON, Q. C. Z0006 TELEPHONE (20Z) 466-7340 TELECOP'ER (202)466-7354 WYOMING OFFICE SUITE 500 2020 CAREY AVENUE CHEYENNE,WYOMING 62001 TELEPHONE 1:3071632-2160 TELECOP1ER (307) 778-8175 5. E.DEN.....ER OFFICE SUITE 1250 7887 EAST BELLE.....IEW A.....ENUE ENGLEWOOD. COLORADO 80111 TELEPHONE 13031 7Al-l226 &3'. Enclosed is 8 xprox copy of Lb~ revised ~greement of Covenants and R2strictions. The rpvision to paragraph 11 incorporates your r:cqUi?st for 3 5~:C'ond df:E:.J r("~s"triction in the ~V2nt ttl~t the single family r~sid2n=2 on Lot 5 becomes ~ s~10 un:l.t. Thank you for your aSSlstance. Very truly yours, ~/?P'-O~ Barbara K. Purvis for Hollsnd & H2rt BKP/jcc Enclosures cc: Mr. Don McGill Mr. Stev~ Burstein ." ,", ~ .~ ,.~ AGREEMENT OF COVENANTS AND RESTRICTIONS These covenants and restrictions are made this day of , 1985, by Don McGill, Inc., the owner of Lot 4, Ferguson Exemption Plat according to the map thereof recorded June 1, 1981 in Plat Book 11 at Page 59 in the City of Aspen, County of Pitkin, State of Colorado. Don McGill, Inc. has applied to the City of Aspen by way of that certain application for the Ferguson Subdivision Exception and P.U.D. Amendment, for the division of Lot 4 into two lots, Lot 4 and Lot 5. Pursuant to Resolution No. , Series of 1985, the City of Aspen has determined that the exception and PUD amendment should be granted conditioned upon recordation of this Agreement of Covenants and Restrictions. Therefore, for the benefit of the City of Aspen and the gen- eral public, Don McGill, Inc. imposes the following restrictions on Lot 5, Ferguson Subdivision Exception and P.U.D. Amendment, in perpetuity, as a burden running with the land: 1. The single-family residence located upon Lot 5, Ferguson Subdivision Exception and P.U.D. Amendment is hereby restricted in use and occupancy to the middle-income rental or sale guidelines established and indexed by the Housing Authority of the City of Aspen and Pitkin County (hereinafter referred to as the "Housing Authority"). In the event that the single-family residence located upon Lot 5 becomes a sale unit, McGill agrees to execute an approved deed restriction with the Housing Author- ity setting forth the sale price, amount of appreciation, and terms and provisions of sale. 2. Verification of employment and income of those persons living in the middle-income employee unit shall be completed and filed with the Housing Authority by the owner of Lot 5 commencing on the date of recording hereof, in the Pitkin County real '- r", '-' -"'""I -....I i property records and thereafter as required by the Housing Authori ty. 3. The covenants and restrictions set forth herein shall be deemed to run with the land as a burden thereto for the bene- fit of, and shall be specifically enforceable by, the City of Aspen or its designee by any appropriate legal action including injunction, abatement or eviction of a noncomplying tenancy dur- ing the period of life of the last surviving member of the presently existing City Council of the City of Aspen, Colorado, plus twenty-one (21) years, or for a period of fifty (50) years from the date of recording thereof in the Pitkin County real property records, whichever period shall be greater. DON MCGILL, INC. By Don McGill, President ATTEST: Secretary (SEAL) STATE OF SS: COUNTY OF The foregoing instrument was acknowledged before me this day of , 1985. My Commission Expires: Notary Public Address -2- Revie\~cd by: T-Uju~'n (n1,("i1) PUD , r-C~'n D~.:;) '.~ 7~ J&-oS CAS E 1> IS POS IT ION : Ci ty Council' P J. '2. I1M~R 'f~ 1 ~J,Jivj,;," AAj/#< rvJ PvO M1-f~ wJ -iJu. ~~ 1. A final plat shall be .,ubmitted which conforms to the requirements of Section 24-8.12 and Section 20-15 and sOP"; f- ically corrects the deficiencies noted in the Engineering Department memorandum dated JUly 10, 1985. 2. The applicant shall satisfy the Housing Authority by sub- mitting a proposal for an employee housing deed restriction and agreement regarding the easterly house (1240 E. Cooper) prior to review of this application by City Council. The deed restriction and agreement shall be recorded through the City Attorney's Office prior to the issuance of a building permit. 3. The applicant shall submit a statement of subdivision exception through the City Attorney. 4. Removal and relocation of trees must be done in accordance with Section 13-76 of the Code. :r 'Ucc e*;(ud} M-H rJ-Ji Lv"" p.rrr~~"" U OVY 1 C t 1) D ~ fJ RevieIVed By: JI.spen P&Z Ci ty Council , . ~ , ,z or I Curve 1 2 12 13 14 18 19 ~. 't~ LOT.2. / / / LOT..3 R C Bearing 2btl. ~/' 19/. 3' 5~3u3b' OO~- 340.37 31.87 534044'00"E 346.00 102.93 N6soQ2'14"W - 346.00 110.99 N47"1S'1S"W 346.00 26.21 N3soS1 '1S"W 844.02 93.46 N33029'Q4"E 309.94 18.16 N3S026'4S"W c06E OF PAvi"kJ.."'T Cou>";>"i;>o #/ wAy B..z *Note: Metes ann Bounns information on plat does not satisfy math~matical closure *Note: For restrictions on rlevelopment of slopes over 30% see original plat of Ferguson Exemtion J hereby certify that this Improvement Location Certificate of Lot 4 Ferguson Exemption Aspen, Colorano was prepared under my direct supervision, that it is not a lann survey plat or improvement survey p I at, and that it is not to be n'l i ed upon for the es tab- lishmenr.of fence, buildin~ or other future improvement lines. ~ J further certify that the improvements on the above described parcel on this date, April 12, 1984 ,except utility connections. are entirely within the boundaries of the parcel. except as shown, thatthere are no encroachments upon the described premises by improvements on any adjoining premises, except as indicated, and that there is no apparent evidence or sign of any easement cros- sing or burdening any part of said parcel, except as noted. / By: -" ,/ .; ~. /' ..,_,-'1,(, u_____.~_ ~ydney Li ncicome... L.5. 14111 6~.>~;..,. . /~ '/..: .... , h'.... ~ .:,,-e.';,,' "', '. ..:.,..< r """,~. >.:. . "": '.. , ~-::d 14111 :: r (II ., : J 't, . .. ~I ", <".-r "q. . l I . >\, ~ . r~..r;o.'..~ su~~,':':,_./ ~',// ~'~~,.,.,,',,'-'~'.-:' IMPROVEMENT LOCATION CERTIFICATE Lot 4 Fer uson Exem. on As pn Cnlnrano BY LINES IN SPACE SYDNEY LlNC/COME (LS./4///) BOX 121 CARBONDALE COLO. 303-963-3B52 . 4 SCALE:t"= Recorded n~ Reception No_ - :2 ; r.; _ ___ ~ - --~, g\IOK 428 1,\1,[254 --,.-.-- Recorder. THIS DEED, Made th;s 22ND dayof FEBRUARY RECORDER'S SlAHP 2 3 9 7'7 J ,1982, between Board of County Conunissioners of Pitkin County olthe County ol Pitkin and state of Colorado, of the first part, and ~.::- City of Aspen, Colorado, a munic al corporation whose legal address;s 130 South Galena Street, Aspen LORETTA 8ANNER ITKIN CTY, RECORDER 'Aft 9 1/ 00 AH '82 oUhe County ol Pi tkin and state of Colorado, olthe second part, WITNESSETH, That the said part of the first part, for and in consideration of the sum of Ten Dollars ($lO.OO)----------------------------------------~~~Km>. to the said party of the first part in hand paid by the said part Y of the second part, the receipt whereof is hereby conlessed and acknowledged, ha 5 remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the said partY of the second part, its heirs, SUccessors and assigns, lorever, an the right, title, interest, claim and demand which the said part Y of the first part ha 5 in and to the following described Jot or parcel of land situate, lying and being in the County of Pitkin and State of Colorado, to wit: See Exhibit A attached hereto and incorporated by reference. This real property shall be limited to use for public right of way (including trails) and utility purposes. The foregoing shall be a covehant running with the land and binding upon the City of Aspen, its successors and assigns. '. illlt L'~:~~r,f:3/~:l FEE MAi{ "1 1982 ..: ........~..::..C!...~..._..........._._ .Jt~ also known as street and number TO HAVE AND TO HOLD the same, together with all a,nd aingular the appurtenances and privileges thereunto belonging or in anywiae thereunto appertafnine, and all the nt_te, rieht, title, interest and claim whataoever, at the said party olthe first part, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part, it sileirs and assigns forever. IN WITNESS WHEREOF, The said party of the (;rst part haS hereunto set its hand and seal the day and year first above written. BOARD OF COUNTY COMMISSIONERS (SEAL] OF PITKIN CUUNTY Signed, Sealed and Delivered in the Presence of STATE OF COLORADO, } ss, ISEAL) Title SEAL) County of Pitkin The foregoing instrument was acknowledged before me this 22ND day of FEBRUARY 1982,by' HELEN KIANDERUD, CIlATRlO'!I\N OF TIP. PITKIN com~ IlOA],,";::' 02 c.'OUN'l'Y CCMMISS ONEPS My commission expires 6 FF:BRUARY ,19 85. Witness my hand and official seal. .\ "~'I ". , , , 1\.. 0 ".;, _'::~............. C"L_.-"-' ,~'r,' -\, ". "-~ ..-. 0- r V "\ -......,. -..... -> --- . :.- "'. ; ::.1 : n ,~ I <, ,.0;:' '.'e':, Q 1, ~ ,:6 ..- L~'.. 1"'7_} ~. . lJ .-:.~~/,~'" '::;~';:'/ "'" ~~ 506 EAST MAIN STREB'" ASPEN, COLORADO 816: Notary Public. No. 933. QUITCLAIM DEED., Bnu.lfunJ Puhlishjn~. 51\25 W. 6lh A"e.. Lakewtlud. CO 1\021-1-00.\1 2J3-6'J()()_ 6-1\1 fi <I ~ ~- ,I ,;' , I ..( or I ~. t~ LoT.J. Curvp 1 2 12 13 14 18 19 R C Bearing 2bB.~/'19/.3' ~~3U3b'OO"t 340.37 31.87 S34044'00"E 346.00 102.93 N65002'14"W 346.00 110.99 N47015'15"W 346.00 26.21 N35051'15"W 844.02 93.46 N33029'04"E 309.94 18.16 N35026'45"W cL:>6E CJF PAVEmENT COL<>;'r,l/J>D #/WAY BJ. ~ *Note: Metes and Bounds information on plat does not satisfy mathematical closure *Note: For rp~trictions on development of slopes over 30% see original plat of Ferguson Exemtion I hereby certify that this Improvement Location Certificate of Lot 4 Ferguson Exemption Aspen, Colorado was prepared under my direct supervision, that it i~ not a land survey plat or improvement survE'Y plat, and that It is not to lJe re lied upon for the estab- lishmenf~f fence, buildin~ or other future improvement lines. I further certify that the improvements on the above described parcel on this date, April 12, 1984 ,except utility connections, are entirely within the boundaries of the parcel, except as shown, thatthere are no encroachments upon the described premises by improvements on any adjoining premises, excert as indicated, and that there is no apparent evidence or sign of any easement cros- sing or bjrdej'ng any 'part 0: said parcel, except as noted. By:-,,~/J~,-:, 1.,'"'' -- _ IMPROVEMENT LOCATION CERTIFICATE Sydney Lincicome L.S. 14111 I .oo:..;.~"::"':, ~-..' N,.~~.,T" c. ,,." '" l':: ~~.. ". ! ",_ '..; . . <t ."' ~. , (0' ~ .:"b'''"' "-'., ' '" 5, E::l:c r ',-' eo. ',. ~"? . . t ~-(:1: 14111 ~d ~, . . J f~" \,(,. ...o~: , ''l.r~..tl) sull"l~..:,:,)' ~:1/ ~._......".I":":".'(' Lot 4 Fer uson Exer.1 .. on As pn Colorado BY LINES IN SPACE S'IONEY LINCICOME (L.s. 14110 BOX 121 CAHBONDAlE COLO. 303'963-3B52 SCALE:!": ~, .U - ( Jl \'1- 0, ) <.! T~;";:.r-'" J _,''-_' ---r- C' t '.c \) ~,' 'C \ V; A""\. \:;.lVl ; \ $ t", ,... \' Vo.~t;>> ~,: ( $ J.lt) !i1i4!\ \ Lot (" I 'IY'lA--<~";) -..~ :r f*~~_ ')1 Ir-t>GI !r3""1 t-..>': ~,\;...., ~ ,j i{-~" -'~ .+ . , 1'/; ,~~- (~~~, I v-:... lD ~ (Vv...A} u: ~ Ct'(, , l," ~ (e>'it- ~} (," '. "''', ":l,.'1-fv UJ I ^ l -, I ,f , L ',\ I f7 t;:." ~ !;-'~.1 .... c.- \fV\.--j \/I.A,'u \""--" 1/-J" " I, III ~~. ~:"--V~fF:~ ~ c\..di~~\ -tt , V ~,,_L1 i\-V,-t\,) V(^,\_,)~z.&1.-tt.-...-- c.L-'I,o(", ';-"V)'/r \, ~"/l) 'It (..., ~ I.:""U! {i (" () <"C.<"{' ::e~?.-.';;;I/h-,-.:',r C3:>w\r~\-, he r' ~,~ ~ ~/~ \tl LJr- CAv~ -~~__C ~~ ~.,~ C~_Yk~ ~ t_~~;L'L~~J;N.~[) ~'^-Ot{Jvk 1.,-.'1.--\:) ~" SuX-R ~1V)(" ~Cr l.1~~ ~ IJ wGtO.. v\/) \?~ -~ .,-~ --y ~J1 c,J .a -It \'1_ .::.,,~, t.J i v k { 2. '> { f- , n ( t'r'^~ J). ~' ~', fVv:;1--0 u'[p'.' ':-:f~~) ~ ~rvl.C(\.liC(/Ji,ij I') ~JJ- ~J- ~~,~,-:t ~~" ~"' ~"Jl1it~~ ~ I "- h. ~ '< ... ~b- ---- - " ~ ~ () ~ \" " "\J _! C> -t- '-;:. ~ ,..::;..... , - <SO> '->."> o. ....c. - )( ~ ~ "'""" -:r '"0 ..~ ~ 'C'\ ....,/ ~~~ -z-. '", -or <::.. "''i ~<() ~ }. '" '\ , S ~~ 4. <> Q "l, "'~ '0"\ / ~~ Y -0-' C C V> <L o " ...., '" Cl. C o c o \, , I ~u..:3 l.uu.!3?=~: : 1= = = UlL/")~U1 Ooq -Oor;;:t 0-- __ ---:""",1.0 oqNU'"llt1NN ..qO;-OOO o 0 """Uj('fjL(") .q~<<;t(V'lrv)(Y) ~:z:z;z::z:z. ......._\.OI.D .......('1')......('\.:..,-_ Q)O'\~ . . . .. 'O\DrrJCO -N N"'- (")0- -- ON'" "00000'" Me> .. . . '~~qcn lX[~~;!~~g MM.-, <L '" > NNMor;;:tQ)..- 51 - - -- u -0-' '" E. I- o ..... c v>. "t C :J C. <D. "t C "', V> Cl> -0-', Cl> :E (l; ...., c z .. ," "'. , MEMORAlIIDUM FROM: Aspen Planning and Zoning Commission Steve Burstein, Planning Office Ferguson PUD Amendment and Subdivision Exception TO: RE: DATE: July 16, 1985 ======================================================E==========a=== LOCATION: Lot 4, Ferguson Plat, 1220 and 1240 E. Cooper (Hwy. 82). ZONING: R-15 A (PUD) APPLICANT'S REQUEST: The applicant proposes to split Lot 4 of the Ferguson Plat into two lots, thereby removing the nonconformity of having two principal structures on one lot. The applicant also proposes to expand the westerly structure (McGill Residence) by an additional 400 square feet. The two lots created would be approximately 21,199 and 5,800 square feet in size. PLANNING OFFICE REVIEW: On June 1,<1981, prior to annexation of this property into the City of Aspen, .he Ferguson Exemption Plat was accepted by the Board of County Coml....ssioners. Four lots were created by resubdividing Block 17 of the Riverside Addi ti on to the City of Aspen. In Resolution No. 80-1 of the Board of County Commissioners an exemption was granted from the definition of subdivision for the creation of no more than four lots. The existing structure was allowed to be expanded to a four bedroom house and was to be used for employee housing. Several alternatives for assuring that this house would remain as employee housing unit were stated: (a) The house should remain as a rental unit with rental rates established by the Housing Authority; or (b) The house should be leased to the Housing Authority for sublet; or (c) Any other alternative mutually agreed to by the Board or applicant. No single instrument of restriction was determined and specifically no deed restriction was filed. Furthermore, this house (1240 E. Cooper) has remained a three bedroom unit. In 1982 the Ferguson Exemption Plat was annexed into the City. Section 2 of City Council Ordinance 82-16 states that "the terms and conditions set forth in Resolution 80-1 of the Board of County Commis- sioners...regarding the employee housing on the property to be annexed remain in effect and are incorporated by reference herein as if fully set forth herein." Chipeta Avenue was vacated and quit-claimed to the City; and the drive-way of 124 E. Cooper"on the City's property. Ordinance 82-18 was also passed at t LS time, accompli shing rez oning of the lot in the Ferguson Plat to R l~ A (PUD). APPLICABLE SECTIONS OF MUNICIPAL CODE The proposed action can be identified as a resubdivision and PUD amendment within Section 24-8.25 stating that: "A PUD may be resub- divided for purposes of sale and/or lease provided that if the resub- division will create a new plat line or create additional or different condominium units, that the requirements for subdivision regulation... must be complied with." Secti on 24 - 8.26 lists the changes to a PUD that cannot be approved solely by the Planning Director, but instead require review and approval by the Planning and Zoning Commission and final approval by City Council for the PUD amendment. The pertinent sub-paragraphs are .,.,.j;' (a) (2): .An increase in the overall average coverage of structures. and (b) .All other changes in use or rearrangement of lots, block and building tracts.... Subdivision of the lot can be accomplished via Section 20-19, as an exception, since substantial new development is not proposed. Exception is appropriate since full subdivision procedures would serve no public purpose. MAJOR ISSUES AND CONCERNS A. Referral Agency Comments 1. Building Department - In a memorandum from the Zoning Inspector dated July 11, 1985 it was pointed out that the proposed easterly lot would appear to be nonconforming in several aspects: a. Lot siz e of 5,800 square feet in the R-15 A zone (15,000 square feet required). b. Encroachment in the east side yard set-back (10 feet required). c. Encroachment in the front yard set-back (25 feet required) . It was also noted that a more detailed site plan showing the proposed addition to the westerly house would be helpful in determining whether there are encroachments into set-backs. 2. Engineering Department - In a memorandum from the Engineering Department dated July 9, 1985, the following comments were made: a. The plat submitted is not adequate because it was not surveyed within 12 months of the application date, and also because it dOt>c; not have a scale, nor does it identify the adj oini I lots on the location of existing fences and utilit ~s. Also, the metes and bonds information does not satisfy mathematical closure. b. The Engineering Department is amenable to the applicant 1 s suggestion that final approval be contingent upon approval of the final plat. c. The application proposal does not change the character of the development and will not alter any parking, traffic, open space or easement conditions. 3. Housing Authority - In discussions between the Housing Authority and Planning Office on July 8 and 10, 1985 it was determined that Ordinance 80-1 of the BOCC regarding the employee housing unit should be interpreted at the time of this action in the context of current Housing Authority guidelines. The applicant should discuss with the Housing Authority what is the appropriate type and income level of deed restriction for the employee unit. A deed restriction agreement should then be submitted for the Housing Authority's approval. 4. City Attorney - In a conversation with the Assistant City Attorney on July 11, 1985, the following comments were made: 1. Documentation regarding employee housing should be provided prior to a Planning and Zoning Commission ".. - ,c - " ., , -' recommendation of approval. 2. The applicants attorney identified the action as a subdivision exemption in her letter of June 25, 1985 and the Land Use Application form. It should be clarified that this is a subdivision exception review. B. STAFF COMMENTS The resubdivision proposed would eliminate the existing non-conformity of structures; however, the easterly lot and structure would remain non-conforming. The resubdivision would accomplish two objectives: 1. Allow separate sale of the two housing units; and 2. Allow the expansion of the westerly structure without the encumbrance of non-conformities. It is agreed by the applicant and all referral agencies that the Improvement Location Certificate is inadequate as a plat. The detail of information provided in the plat format is necessary to give a final evaluation of the proposal. However, the representation made at this time has not caused the referral agencies or the planning Office to identify serious problems that could not be addressed by the applicant prior to final approval. After making a si te inspection the PI anning Of fi ce notes that the division of the lot into two unequal parcels of 21,199 and 5,800 square feet cannot effectively be altered because of the siting of the westerly house and the landscaping and topography of the lot. The westerly house is situated to the far north east of the developable area. A berm has been placed along the proposed lot line, creating two distinct areas for the two residences. If the berm were moved, there would be significant disturbance of vegetation and change in character of the property. It should be noted that any change to the non-conforming easterly house or site would have to comply with Section 24-13.4. . In the area of the proposed additic _ there are trees that may need to be removed. The applicant should contact the Parks Director in compliance with Section 13-76 of the Municipal Code prior to removal of trees. There do not appear to be any other planning or environmental concerns with regards to this "hidden" addition. A maj or issue yet to be resolved is the status of the easterly house as an employee housing unit. It is clear that the intent of the BOCC Ordinance 80-1 and City Council Ordinance 82-16 through reference to the BOCC Ordinance was to insure that the house remain employee housing. It must be determined whether the house shall be deed restricted for moderate or low income employees. ALTERNATIVES The Alternatives are to: 1. Recommend denial of subdivision exception and PUD amendment. 2. Table this review until the applicant has provided more information including an acceptable plat and an agreement with the Housing Authority. 3. Recommend approval of subdivision exception and PUD amendment. RECOMMENDATION The Planning Office recommends that you recommend approval of subdivision exception and PUD amendment with th following conditions attached: I 1 j 'j '0IItl" c.',1l0[C~[l~&l.CO. I I i I I I I i , I \ .! / ~..f ~'(J~42~ ",~d)14 0:: r-.J 1LI co 0::0 RECORD OF PROCEEDINGS 100 Leaves N M N .;q. N -- ocr: :r .:r => ORDINANCE (Series NO. /6 of 1982) xo Xc.> ...1LI mo:: .... I=~ UJc.> - "'x ."., ~~ORfitNANCE ANNEXING A TRACT OF LAND KNOWN AS LOTS 1, 2, 3 ~D ~ FERGUSON EXEMPTION PLAT, LOCATED IN PITKIN COUNTY, COLORADO, WHICH ANNEXATION IS ACCOMPLISHED PURSUANT TO THE PROVISIONS OF'THE COLORADO MUNICIPAL ANNEXATION ACT OF 1965 WHEREAS, there has been submitted a Petition for Annexation of a tract of land known as Lots 1, 2, 3 and 4, Ferguson Exemption Plat, located in pitkin County, Colorado, to the City of Aspen, which petition has been found to be in compliance with Section 31-8-107(1)(c), C.R.S. 1973, a part of the Colorado Annexation Act; and WHEREAS, the City Council has further considered the proposed annexation as described in the Petition for Annexation (herein- after nPeti tion") and accompanying plat, and has determined that: 1. The signatures on the Petition represent the owners of one hundred (100) percent of the land proposed for annexation. 2. Not less than one-sixth (1/6) of the perimeter of the area to be annexed is contiguous to the City of Aspen. 3. There exists a community of interest between the tract to be annexed and the City of Aspen; the tract to be annexed is urban or will be urbanized in the near future; and the tract to be annexed is 'integrated or capable of being integrated with the Cify of Aspen. 4. The annexation will not affect the constitution of any existent school district. 5. The petition satisfies the statutory requirements of the Municipal Annexation Act, both as to substance and form; and WHEREAS, the Colorado Annexat,ion Act pro v ides that where a Petition is signed by an owner of one hundred (100) percent of the property proposed to be annexed, the City Council may, by ordin- ance, annex without notice or hearing (other than that incident to , J . ,. " ,'"' -' OOOK 42H i \[,l615 1 I , RECORD OF PROCEEDINGS 100 Leaves '011..... C.'.HO[CUl..... l. co. ordinance adoption) and without election, and the City Council now wishes to so proceed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the following described tract, situate in Pitkin County, I I I I I I j I Colorado, be and hereby is annexed to the City of Aspen, Colorado, pursuant to the provisions of the Colorado Municipal Annexation Act: Lots 1, 2, 3 and 4, Ferguson Exemption Plat according to the Map thereof recorded June 1, 1981, in Plat Book 11 at Page 59, County of Pitkin, State of Colorado. Section 2 That the terms and conditions set forth in Resolution 80-1 of the Board of County Commissioners, recorded in Book 382 at Page 162 regarding the employee housing on the property to be annexed remain in effect and are incorporated by reference herein as if fully set forth herein. Section 3 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 4 A public hearing on the ordinance shall be held on the ~~ day of ~ ~:JV , 1982, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, 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. 2 . , 1 : ,0ItIl'lO c.,. lIorCKEL 8.'.. t. co. " ~K 428 i ,~Ll GiG RECORD OF PROCEEDINGS 100 Leaves INTRODUCED, READ AND ORDERED published as provided by law by the City of Aspen, Colorado, at <:1~ .J /? ./'1. .b /6 oay of ~--' He~ Mayor the City Council of meeting held on the <-. , ,i CF 1,';,0 , .0 . ..... .tf'~ ""~. . ~TJ::E':~.Tt : ; . -. . .,' ;t . .' '.. .~j; ~~. .....:.}~;f#~~!/~~ City Clerk its regular , 1982. FINALLY adopted, passed and approved on the /G> '>"'J(... day of ~y- , "'''' I 1 1 ! , 't ~F ~ "" ,"~ . ......v,.,.{Ao\..~ {.., ....'...;. '-;. . .... ATTEST:.... ..~ :SEAL~ ~ . .' . - 1 \..':'~J.4t!L- City Clerk , 1982. ~~/- Herman Edel Mayor 3 -'''';''-- MEMORANDUM TO: Elyse Elliot, City Engineering Office Bill Drueding, Building Department FROM: Janet Raczak, Planning Office RE: Ferguson (McGill) Subdivision Exception and PUD Amendment DATE: July 31, 1985 --------------------------------------------------------------------- --------------------------------------------------------------------- Attached for your review and comment is the revised plat with respect to the captioned case which was forwarded to you early in July. Please check this plat and return your referral comments to the Planning Office as soon as possible in order for this office to schedule this case on the next available City Council Agenda. Thank you. 31V)[jll~3) NOI1V)01 lN3W3^0~dWI .. ~,.,...... . "'7} . "~'';'..'' '..........-~.I ,;,;.'<<. ./ '.-.:..~J'ollns Q""~J.l'l I"~ v'" ~~'.'~ ; -0: -';.. 'I . . , F: u~u :t:?f, , . ."'$' . . . .l . '~i1 ,\. '. 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M"Sv,9ZoS€N 91"SI v6"60€ 3"vO,6Zo€€N 9v'€6 ZO'VV8 M"SI,ISoS€N IZ'9Z 00'9v€ M"SI,SloLvN 66'011 00'9vE M"vl,ZOoS9N €6'ZOI 00'9v€ 3,,00,vvov€S LS'I€ L€"Ov€ 1"OO,qrn~G~ ,~'/6I,/G'Bq~ 6UIJea8 J ~ 61 81 vI €I ZI Z I dAJnJ -c..Lo7 ~~ !~ / -LO /' , ] -;- . , J...d MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Steve Burstein, Planning Office RE: Ferguson PUD Amendment and Subdivision Exception DATE: July 16, 1985 --------------------------------------------------------------------- --------------------------------------------------------------------- LOCATION: Lot 4, Ferguson Plat, 1220 and 1240 E. Cooper (Hwy. 82). ZONIR;: R-15 A (PUD) APPLICANT'S REQUEST: The applicant proposes to split Lot 4 of the Ferguson Plat into two lots, thereby removing the nonconformity of having two principal structures on one lot. The applicant also proposes to expand the westerly structure (McGill Residence) by an additional 400 square feet. The two lots created would be approximately 21,199 and 5,800 square feet in size. PLARNIR; OFFICE REVIEW: On June 1, 1981, prior to annexation of this property into the City of Aspen, the Ferguson Exemption Plat was accepted by the Board of County Commissioners. Four lots were created by resubdividing Block 17 of the Riverside Addition to the City of Aspen. In Resolution No. 80-1 of the Board of County Commissioners an exemption was granted from the definition of subdivision for the creation of no more than four lots. The existing structure was allowed to be expanded to a four bedroom house and was to be used for employee housing. Several alternatives for assuring that this house would remain as employee housing unit were stated: (a) The house should remain as a rental unit with rental rates established by the Housing Authority; or (b) The house should be leased to the Housing Authority for sublet; or (c) Any other alternative mutually agreed to by the Board or applicant. No single instrument of restriction was determined and specifically no deed restriction was filed. Furthermore, this house (1240 E. Cooper) has remained a three bedroom unit. In 1982 the Ferguson Exemption Plat was annexed into the City. Section 2 of City Council Ordinance 82-16 states that "the terms and conditions set forth in Resolution 80-1 of the Board of County Commis- sioners...regarding the employee housing on the property to be annexed remain in effect and are incorporated by reference herein as if fully set forth herein." Chipeta Avenue was vacated and quit-claimed to the City; and the drive-way of 1240 E. Cooper"on the City's property. Ordinance 82-18 was also passed at this time, accomplishing rezoning of the lot in the Ferguson Plat to R 15 A (PUD). APPLICABLE SECTIONS OF MUNICIPAL CODE The proposed action can be identified as a resubdivision and PUD amendment within Section 24-8.25 stating that: "A PUD may be resub- divided for purposes of sale and/or lease provided that if the resub- division will create a new plat line or create additional or different condominium units, that the requirements for subdivision regulation... must be complied with." Section 24-8.26 lists the changes to a PUD that cannot be approved solely by the Planning Director, but instead require review and approval by the Planning and Zoning Commission and final approval by City Council for the PUD amendment. The pertinent sub-paragraphs are (a) (2): "An increase in the overall average coverage of structures" and (b) "All other changes in use or rearrangement of lots, block and building tracts..." Subdiv ision of the lot can be accomplished via Section 20-19, as an exception, since substantial new development is not proposed. Exception is appropriate since full subdivision procedures would serve no public purpose. MAJOR ISSUES AND CONCERNS A. Referral Agency Comments 1. Building Department - In a memorandum from the Zoning Inspector dated July 11, 1985 it was pointed out that the proposed easterly lot would appear to be nonconforming in several aspects: a. Lot size of 5,800 square feet in the R-15 A zone (15,000 square feet required). b. Encroachment in the east side yard set-back (10 feet required). c. Encroachment in the front yard set-back (25 feet required) . It was also noted that a more detailed site plan showing the proposed addition to the westerly house would be helpful in determining whether there are encroachments into set-backs. 2. Engineering Department - In a memorandum from the Engineering Department dated July 9, 1985, the following comments were made: a. The plat submitted is not adequate because it was not surveyed within 12 months of the application date, and also because it does not have a scale, nor does it identify the adjoining lots on the location of existing fences and utilities. Also, the metes and bonds information does not satisfy mathematical closure. b. The Engineering Department is amenable to the applicant 's suggestion that final approval be contingent upon approval of the final plat. c. The application proposal does not change the character of the development and will not alter any parking, traffic, open space or easement conditions. 3. Housing Authority - In discussions between the Housing Authority and Planning Office on July 8 and 10, 1985 it was determined that Ordinance 80-1 of the BOCC regarding the employee housing unit should be interpreted at the time of this action in the context of current Housing Authority guidelines. The applicant should discuss with the Housing Authority what is the appropriate type and income level of deed restriction for the employee unit. A deed restriction agreement should then be submitted for the Housing Authority's approval. 4. City Attorney - In a conversation with the Assistant City Attorney on July 11, 1985, the following comments were made: 1. Documentation regarding employee housing should be provided prior to a Planning and Zoning Commission - 2 - recommendation of approval. 2. The applicants attorney identified the action as a subdivision exemption in her letter of June 25, 1985 and the Land Use Application form. It should be clarified that this is a subdivision exception review. B. STAPF COIUIEftS The resubdivision proposed would eliminate the existing non-conformity of structures; however, the easterly lot and structure would remain non-conforming. The resubdivision would accomplish two objectives: 1. Allow separate sale of the two housing units; and 2. Allow the expansion of the westerly structure without the encumbrance of non-conformities. It is agreed by the applicant and all referral agencies that the Improvement Location Certificate is inadequate as a plat. The detail of information provided in the plat format is necessary to give a final evaluation of the proposal. However, the representation made at this time has not caused the referral agencies or the Planning Office to identify serious problems that could not be addressed by the applicant prior to final approval. After making a site inspection the Planning Office notes that the division of the lot into two unequal parcels of 21,199 and 5,800 square feet cannot effectively be altered because of the siting of the westerly house and the landscaping and topography of the lot. The westerly house is situated to the far north east of the developable area. A berm has been placed along the proposed lot line, creating two distinct areas for the two residences. If the berm were moved, there would be significant disturbance of vegetation and change in character of the property. It should be noted that any change to the non-conforming easterly house or site would have to comply with Section 24-13.4. In the area of the proposed addition there are trees that may need to be removed. The applicant should contact the Parks Director in compliance with Section 13-76 of the Municipal Code prior to removal of trees. There do not appear to be any other planning or environmental concerns with regards to this "hidden" addition. A maj or issue yet to be resolved is the status of the easterly house as an employee housing unit. It is clear that the intent of the BOCC Ordinance 80-1 and Ci ty Council Ordinance 82-16 through reference to the BOCC Ordinance was to insure that the house remain employee housing. It must be determined whether the house shall be deed restricted for moderate or low income employees. ALTERNATIVES The Alternatives are to: 1. Recommend denial of subdivision exception and PUD amendment. 2. Table this review until the applicant has provided more information including an acceptable plat and an agreement with the Housing Authority. 3. Recommend approval of subdiv ision exception and PUD amendment. RECOIIMERDATIOR The Planning Office recommends that you recommend approval of subdivision exception and PUD amendment with the following conditions attached: 1. A final plat shall be submitted which conforms to the requirements of Section 24-8.12 and Section 20-15 and specif- - 3 - .....,..-.... ~_. ..........-'-- ically corrects the deficiencies noted in the Engineering Department memorandum dated July 10, 1985. 2. The applicant shall satisfy the Housing Authority by sub- mitting a proposal for an employee housing deed restriction and agreement regarding the easterly house (1240 E. Cooper) prior to review of this application by City Council. The deed restriction and agreement shall be recorded through the City Attorney's Office prior to the issuance of a building permit. 3. The applicant shall submit a statement of subdivision exception through the City Attorney. 4. Removal and relocation of trees must be done in accordance with Section 13-76 of the Code. - 4 - ,', '"' ,-~ ~ AGREEMENT OF COVENANTS AND RESTRICTIONS These covenants and restrictions are made this day of , 1985, by Don McGill, Inc., the owner of Lot 4, Ferguson Exemption Plat according to the map thereof recorded June 1, 1981 in Plat Book 11 at Page 59 in the City of Aspen, County of Pitkin, State of Colorado. Don McGill, Inc. has applied to the City of Aspen by way of that certain application for the Ferguson Subdivision Exception and P.U.D. Amendment, for the division of Lot 4 into two lots, Lot 4 and Lot 5. Pursuant to Resolution No. , Series of 1985, the City of Aspen has determined that the exception and PUD amendment should be granted conditioned upon recordation of this Agreement of Covenants and Restrictions. Therefore, for the benefit of the City of Aspen and the gen- eral public, Don McGill, Inc. imposes the following restrictions on Lot 5, Ferguson Subdivision Exception and P.U.D. Amendment, in perpetuity, as a burden running with the land: 1. The single-family residence located upon Lot 5, Ferguson Subdivision Exception and P.U.D. Amendment is hereby restricted in use and occupancy to the middle-income rental or sale guidelines established and indexed at the issuance of Cer- tificate of Occupancy by the Housing Authority of the City of Aspen and Pitkin County (hereinafter referred to as the "Housing Authority"). In the event that the single-family residence located upon Lot 5 becomes a sale unit, McGill agrees to execute an approved deed restriction with the Housing Authority setting forth the sale price, amount of appreciation, and terms and pro- visions of sale. 2. Verification of employment and income of those persons living in the middle-income employee unit shall be completed and filed with the Housing Authority by the owner of Lot 5 commencing on the date of recording hereof, in the Pitkin County real ,..\ ""' . "" , property records and thereafter as required by the Housing Authority. 3. The covenants and restrictions set forth herein shall be deemed to run with the land as a burden thereto for the bene- fit of, and shall be specifically enforceable by, the City of Aspen or its designee by any appropriate legal action including injunction, abatement or eviction of a noncomplying tenancy dur- ing the period of life of the last surviving member of the presently existing City Council of the City of Aspen, Colorado, plus twenty-one (21) years, or for a period of fifty (50) years from the date of recording thereof in the Pitkin County real property records, whichever period shall be greater. DON MCGILL, INC. By: Don McGill, President ATTEST: Secretary (SEAL) STATE OF ) ) SS: ) COUNTY OF The foregoing instrument was acknowledged before me this day of , 1985. My Commission Expires: Notary Public Address -2- -- ""'i , "'-,.."., HOUSING AUTHORITY FOR THE CITY OF ASPEN, COLORADO By: Harry Trustcott, Chairman STATE OF ) ) SS: ) COUNTY OF The foregoing instrument was acknowledged before this me day of , 1985. My Commission Expires: Notary Public Address -3- MEMORANDUM To: Steve Burstein, Planning Department From: Elyse Elliott, Engineering Department ~ Date: June 9, 1985 Re: Ferguson PUD Amendment ================================================================== After reviewing the above application and making a site inspection, the Engineering Department has the following comments: The plat that was submitted is not adequate because it was not surveyed within 12 months of the application date and also because it does not have a scale, nor does it identify the adjoining lots or the location of existing fences and utilities. Also, the metes and bounds information does not satisfy mathematical closure. The applicant's attorney suggested in her letter of application that the final approval be contingent upon approval of the final plat. We would be amenable to this. Other than the plat, this department has no problems with this application as it does not change the character of the development and won't alter any parking, traffic, open space or easement conditions. "........ MEMORANDUM FROM: City Attorney City Engineer Zoning Enforcement Officer 110iJ.slolt'. .kL.tl,.;;'r,; f '-' ' St~ve Burstein, Planning Office TO: RE: Ferguson PUD Amendment DATE: Jun~ 25, 1985 ===================================================================== Attached for your review is an application submitted by Barbara Purvis on behalf of her client Don McGill, requesting approval of amending a their PUD. The property is located at Lot 4, Ferguson Subdivision, Aspen, Colorado. Please review this material and return your referral comments to the Planning Office no later than July 9th, in order for this office to have adequate time to prepare for its presentation before the Planning Commission on July 16, 1985. I realize this is a very quick turn-around. If you have problems meeting this deadline, please contact me ASAP. Thank you. \ , . l"""- V /"'-' Verification of Application For Subdivision Exemption and PUD Amendment I, Don McGill have read the foregoing Application For Subdivi- sion Exemption and PUD Amendment and verify its contents. o ;m~d'/f /}2(' /Jl/ Don McGill STATE OF 7&X/l <; COUNTY OF ;J fl e.el-S The foregoing day 0 f If/lI~01 ss. instrument was acknowledged before me this , 198~ by [;oN/kb R., M.e 0.-(; (I &, Witness my hand and official seal. My commission expires: ~ Jy-\~ Notary Public ~," ~.'_~_' ........0.. - , - ....-,...". I '/"OT I Curve 1 2 12 13 14 18 19 ~. 't~ LoT,). ~ - -:::, ~..>- -y j/ o / / / LOT3 -'jf.:- ~ R C Beari ng 268.~/'19/.3' S~3U36'00"E 340.37 31.87 S34044 , 00" E 346.00 102.93 N65002'14"W 346.00 110.99 N47015'15"W 346.00 26.21 N35051'15"W 844.02 93.46 N33029'04"E 309.94 18.16 N35026'45"W c.c>6E OF PAVC/vlENT COt.O~-'lPD N/ wAy 6~ ~ *Note: Metes and Bounds information on plat does nnt satisfy mathematical closure *Note: For restrictions nn development of slopes over 30% see original plat of Ferguson Exemtion I hereby certify that this Improvement Location Certificate of Lot 4 Ferguson Exemption Aspen, Colorado WdS prepared under my direct supervision, that it is not a land survey plat or improvement survey plat, and that it is not to be n'lled upon for the estab- lishment~f fence. buildin~ or other future improvement lines. I further certify that the improvements on the above described parcel on this date. April 12. 1984 . except utility connections, are entirely within the boundaries of the parcel, except as shown, thatthere are no encroachments upon the described premises by improvements on any adjoining premises, excert as indicated. and that there is no apparent evidence or sign of any easement cros- sing or burdening any part of said parcel, except as noted. . I By: " d 1 ~', ..~--..:::....._- ." Sydney Lincicome L.S. 14111 . ,.~'C.::.~ . tOO,' '" y.....". ,'<.. fj-"(;';": ~ " ,~ . ",~ " ..:::::'('c ',-'_. ',. J,.;' . . . , ) "'. . ".';1: 14111 ~.r ~ . ." I ~ ~.." ..~: ) \ '':''~ ..,r'. i .r~..!, sull'l~.,: /: ~::I: ..~",.,. ,,:~.~' IMPROVEMENT LOCATION CERTIFICATE BY. LINES IN SPACE SYDNEY LINCICOME (L.5.14111J Ill) 303-963-3852 SCAlE:!"= ( , ~. ~__~W. . RESOLUTION OF THE BOARD OF COUNTY , ~~~~ ~ COMMISSIONtRS OF PITKIN COUNTY, COLORADO, GRANTING AN EXEMPTION FROM THE DEFINITION OF SUBDIVISION FOR THE PARCELLING AND SALE OF LOTS 1-17 OF BLOCK 17, RIVERSIDE ADDITION Resolution No. SJ:L- . WHEREAS, Larry Ferguson ("Applicant") is the owner of Lots 1-17, Block 17, Riverside Addition to the City of Aspen, Colorado, and wishes to parcel and convey these lots (according to existing lot lines), and WHEREAS, Applicant and the Board of County Commissioners are unable to agree, to their satisfaction, as to whether or not the parcelling and sale along townsite lots within the Riverside Addition constitutes Jubdivision activity within intents and purpose of state and local "subdivision regulation, and wish to resolve the same by the action hereinafter taken, NOW, THEP~FORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado, that, pursuant to C.R.S. 1973, Section 30-28-101(10) (d) it does hereby grant an exemption from the definition of subdivision for the parcelling and sale (along existing townsite lines) of Lots 1, 2, 3, 4, S, 6, 7, B, 9, 10, 11, 12, 13, 14, IS, 16, and 17, Block 17, Riverside Addition to the City of Aspen, into no more than ~ive such lots and parcels, subject to the following limitations and conditions: . 1. The Planning Office and County Engineer (prior to any conveyance) shall review the site and determine that it (a) provides adequate utilities, access, traffic circulation: and (b) if it lies within any designated natural hazard and resource areas that Special Review approval is applied for and granted. 2. The Applicant shall enlarge the existing residence on the Bite into a four ~cdroom/two bath unit and the same shall: - 1 - , . { &ooxJOG ';\l.tJ.OJ - ,-., -- (a) be aold at'?MH reaale prices (with the Applicant providing financing); or (b) be retained as a rental unit with rental rates established by the Housing Authority; or (c) be leased to the Authority for a long term to be sublet by the Authority; or (d) any other alternative mutually agreed to by the . Board and Applicant. SE IT FURTHER RESOLVED, as additional conditions of the exemption herein granted, that: 1. This grant of exemption shall in no way constitute a waiver of any County regulations except those expressly exempted hereby. 2. The restrictions set forth herein shall run with the land and be binding upon any subsequent purchaser or successor in interest. 3. The Applicant shall,' by deed restriction, restrictive covenant, or other appropriate instrument, take such action as may be necess~to insure that the restrictions set forth herein run with the land and are binding upon subsequent purchasers and successors in interest. APPROVED by the Soard of County Commissioners of Pitkin County, Colorado, at its regular meeting held January 14, 1980. /" .," .-..-.,' , ..... . "'0 ~ I .. THE SOARD OF COUNTY COMlIISSIONERS OF PITKIN COLORADO , ATtEST:EST:", . .....' ~: : s '~~~f" , ~abeth G. Stewart oeputYo~aunty Clerk .., -'0. ," ", .... APPRQ~ED:~S'TO FORM: . -"tI ~. ." t ~ . .. By: . . ; ..,. .", ." ." ":,. , . Sandra M. Stuil~r County Attorney " \ I .2. " t . 1 . 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" . , ~ , . i , I i' . , . & ! ~ , :;- . , , ..... ::I:i !!I . w - ! ~~I '; i i.1 = , ~~I on i..~ -i iii ~Ii !i II ~c~ .a i ~~ :~ I __Ii ~l 8:"'i l J~~ ! 1~~ ~i~ "a" ~ . i - oS 1( I ft' S- //t> fg 2.- " ~ '" ~ -TJ ~' ;';'V ~I ~ w '- b .~ l i' ~ , . "-' - " - CITY OF'ASPEN 1 3 0 sou t hg a Ie n a s t r ce t aspen, colorado 81611 303-925 -2020 LAND USE APPLICATION FORM DATE SUBHITTED FEES S 1.490. 00 NAME 'Don McGill c/o Barbara K. Purvis of Holland & Hart ADDRESS 600 East Main Street, Aspen, Colorado 81611 PHONE (303) 925-3476 NAME OF PROJECT FpTi'n"on Snbdivision Exemption & PUD Amendment PRESENT ZONING ,,J LOT SIZT:: 'R_l CiA PTTn .. 26, 999 = sauare feet (according to the map thereof recorded ) Plat June 1. 1981 in Plat Book 11 at Page 59. lot and block number. Hay require legal map is very useful.) LOCATIO:-l T.ot 4. Ferp.:uson Exemption (indicate street address, description. ^ vicinity CURRENT BUILD-OUT 79nn + ]719 sq. ft. t"-TO units PROPOSED BUILD-OUT 3100'+'1239 sq. it. two units DESCRIPTION OF EXISTING USES Each structure is a single family residence with the --SD'l:111pT" ~trll('ture carrying a deed restriction as employee housing. DESCRIPTION OF LAND USE PROPOSAL This proposal is to continue the present use of the structures as single family residences and to remove the nonconformity of having two structures on one lot by subdividing the lot (see attached Addendum). TYPE OF APPLICATION Subdivision Exemption & PUD Amendment APPLICABLE CODE SECTION (S) 20-19 and 24-8.25 PLAT ANENDHENT REQUIRED x YES ..__NO DATE PRE-APPLICATION CONFERENCE COMPLETED April 10, 1985 ATTACHHENTS: 1. All applican'ts must supply Proof of Ownership in the form of a title insurance commitm(~~ or statement from an attorney indicating that he/she has research.,d the title and verifies that the applicant is the owner of the pror,~ty (free of liens and eucumbrances.) 2. If the process requires ~ public hearing, a Pro~y Owner's List must be supplied which E' 'es all O'-'T\ers within 300 f"et in all directions in some cases and adjacent owners in some cases. 3. Number of copies required (by code and/or in pre-application conference.) 4. Plat by Registered Surveyor Yes No \ \ ,.- ,,\lJ \lJ ro \lJ ,." CT >< rt H'l C ..... CD ro ("t 00 nrTrT m rt t-" l-3 0.....::> 0 ::r C::><!:l::>ro "<!:l I n rT Ul '0 ro OJ ::r.....Q.I nCDrtH on (0" t-hrDt,Q ..... Ul OJ ::> Q.lOO'" t,Q n \lJ >-3 () rtl..O ::T H ro 0 ro ro ro Ul .0 Ul rT Ul 3 C ::r' C W 1-'" OJ ro t-hl-"'" ::> ,.,,::> ro O'<!:l..... 3 OJ n Ul ro ~ ,., 1-'" rt ::s III OJ CD 1"'1 rt ,., t,Q :J C en ~rortO 1-". rt t-h ::> ,." 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