HomeMy WebLinkAboutcoa.lu.ex.Ferguson-Subd.016A-85() \\,o lis, — 6,�5
Ferguson P.U.D. Amendment
E
1XI
FERGUSON
No.
Delta
Radius
1
07023'38"
844.02
2
39154140"
346.00
3
03031130"
309.94
4
05°22100"
340.37
5
43°06100"
268.57
6
35"34110"
346.00
7
04°20130"
346.00
8
06027'18"
268.57
9
36138142"
268.57
-, f-L-
SUBDIVISION EXCEPT/ON and P. U. D AMENDMENT
C/ T Y of ASPEN, C OL. ORADO
CURVE DATA
Length Tangent
108.92 54.54
241.02 125.63
19.07 9.54
31.88 15.95
202.03 106.06
214.80 110.99
26.22 13.12
30.26 15.15
171.77 88.94
Chord
108.84
236.17
19.07
31.87
197.30
211.37
26.21
30.24
168.86
f I I
Chord Bearing
N 32057'41" E
S 53'38'20" E
S 35026'35" E
N 34°44'00" W
N 53°36'00" W
S 55°48'35" E
S 35°51'15" E
N 35°16'39" W
N 56°49'39" W
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SC -CLIP_ , I "= 20
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o� S 33 fo"� S�ow¢¢vt rebccr E ca3os vv�ar�e� L.5.901
�uxr� +x �oiacc {or e NW"XE Lot 3 o�•CAt2
rQrqusovL �X¢v ��ova CLk AsyQvt Cc, (ora.CLc'.
T(tiCs 0.o_S�Lp& t� i s dr e3eec. J\(o 1319 i o ryL. Book 3
a� p e 3o Y° A oS 3ab---k 4 Y3(oc� 17 Xive-'-
sCcLn�-�dcLC wM-='
\ Legal Descriptions
\ Lot A:
A parcel of land situated in Lot 4, Ferguson Exemption, City of Aspen, County of Pitkin, State
of Colorado, and being more particularly described as follows:
Beginning at the Southwest Corner of said Lot 4; thence 108.92 feet along the arc of a 844.02
foot radius curve to the left, the chord of which bears N 32°57141" E 108.84 feet to the North-
west Corner of said Lot 4; thence 214.80 feet along the arc of a 346.00 foot radius curve to
the right, the chord of which bears S 55048135" E 211.37 feet; thence S 54°59'30" W 113.20 feet
to a point on the Southwesterly boundary line of said Lot 4; thence 171.77 feet along the arc
of a 268.57 foot radius curve to the left, the chord of which bears N 56049'39" W 168.86 feet
to the Southwest Corner of said Lot 4, the point of beginning, containing 21046 square feet
more or less.
Lot B:
A parcel of land situated in Lot 4, Ferguson Exemption, City of Aspen, County of Pitkin, State
of Colorado, and being more particularly described as follows:
Beginning at the Southeast Corner of said Lot 4; thence 31.88 feet along the arc of a 340.37
foot radius curve to the right, the chord of which bears N 34°44'00" W 31.87 feet; thence 30.26
feet along the arc of a 268.57 foot radius curve to the left, the chord of which bears N 35°16'
39" W 30.24'feet; thence N 54159130" E 113.20 feet to a point on the Northeasterly boundary
line of said Lot 4; thence 26.22 feet along the arc of a 346.00 foot radius curve to the right,
the chord of which bears S 35°51115" E 26.21 feet; thence 19.07 feet along the arc of a 309.94
foot radius curve to the left, the chord of which bears S 35°26'35" E 19.07 feet to the North-
east Corner of said Lot 4; thence S 52°47'30" W 15.00 feet along the Southeasterly boundary
line of said Lot 4; thence S 45038'30" W 100.08 feet along the Southeasterly boundary line of
said Lot 4 to the Southeast Corner of said Lot 4, the point of beginning, containing 6000 squarE
feet more or less.
Legal Description - Real Property to be Subdivided by Exception
Lot 4, Ferguson Exemption, City of Aspen, County of Pitkin, State of Colorado
Certification of Dedication and Ownership
KNOW ALL MEN BY THESE PRESENTS that Don McGill Inc. being sole owner of all that real property
described above has by these presents laid out, platted and subdivided the same into lots as
shown on this plat and do hereby dedicate to the public all rights -of -way and easements shown
hereon for the public use.
'rT6_F_McGi11, President
State of Colorado )
County of Pitkin ) ss.
The foregoing instrument was acknowledged before me this . __ _ day of
A.D. 1985 by
Witness my hand and official sPal.
My commission expires:
Notary Pubc ,__.,..___.__w
Mortgagee's Certificate
The undersigned, being all of the mortgagees of the real property described hereon, hereby
consent and approve of the making and recording of this map of the Ferguson Subdivision
Exception and P.U.D. Amendment.
By:
Surveyor's Certificate
TEXAS AMERICAN BANK GALLERIA
2800 Post Oak Boulevard
Houston, Texas 77506
I, Sydney Lincicome, do hereby certify that I am a registered land surveyor licensed under the
laws of the State of Colorado, that this plat is a true, correct and complete plat of the
Ferguson Subdivision Exception and P.U.D. Amendment as laid out, platted, dedicated and shown
hereon, that such plat was made trom an accurate survey of said property by me and under my
supervision.
In witness whereof I have set my hand and seal this day of
A:.D. 1985.
Sydney' tncL' 1come -`--- P.L.S. 1411T'-----
City Engineer Approval
1, , City Engineer for the City of Aspen, Colorado,
do hereby approve of this u ivision Exception plat for recording in the Office of the Clerk
and Recorder of Pitkin County, Colorado.
Planning and Zoning Commission Approval
The Planning and Zoninq Commission for the City of Aspen, Colorado, does hereby approve of this
map of the Ferguson Subdivision Exception and P.U.D. Amendment to be recorded in the
office of the Clerk and Recorder of Pitkin County, Colorado, pursuant to action at its meeting
of , A.D. 1985.
Date: Planning and Zoning Chairman
Aspen City Council Approval
This plat of the Ferguson Subdivision Exception and P.U.D. Amendment was approved by the
City of Aspen City Council on this day of A.D. 1985, as a sub-
division exception.
Signed this day of A.D. 1985.
Attest y City Clerk 7a-yor
Clerk and Recorder's Certificate
This plat was filed for record in the office of the Clerk and Recorder at
o'clock M., this day of A.D. 1985, and is recorded
in Book _ at Page _ , Reception No.
Clerk and Recorder
By:
Deputy
FERGUSON SUBDIVISION EXCEPT/ON and P. U. D. AMENDMENT
CITY of ASPEN, COLORADO
W a.1L¢ •r
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CURVE DATA
No. Delta Radijs Length Tangent Chord Chord Bearing
1 07°23'3j 844.02 108.92 54.54 108.84 N 32,57141" E
2 39°54'40" 346.00 241.02 125.63 236.17 S 53°38120" E
3 03131'30" 309.94 19.07 9.54 19.07 S 35°26'35" E
4 05°22'00" 340.37 31.88 15.95 31.87 N 34144'00" W
5 43°06'00" 268.57 202.03 106.06 197.30 N 53°36'00" W
6 35°34'10" 346.00 214.80 110.99 211.37 S 55°48'35" E
13.12 26.21 S 35°51115" E
7 04°20'30" 346.00 26.22
9 O36°38'42" 268.57 176'27'18" 268.57 01.77 88,94 168.86 N 56°49'39" W
o�_¢S'
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s
Legal Descriptions
Lot A:
A parcel of land situated in Lot 4, Ferguson Exemption, City of Aspen, County of Pitkin, State
of Colorado, and being more particularly described as follows:
Beginning at the Southwest Corner of said Lot 4; thence 108.92 feet along the arc of a 844.02
foot radius curve to the left, the chord of which bears N 32°57141" E 108.84 feet to the North-
west Corner of said Lot 4; thence 214.80 feet along the arc of a 346.00 foot radius curve to
the right, the chord of which bears S 55°48'35" E 211.37 feet; thence S 54159,30" W 113.20 feet
to a point on the Southwesterly boundary line of said Lot 4; thence 171.77 feet along the arc
of a 268.57 foot radius curve to the left, the chord of which bears N 56149'39" W 168.86 feet
to the Southwest Corner of said Lot 4, the point of beginning, containing 21046 square feet
more or less.
Lot B:
A parcel of land situated in Lot 4, Ferguson Exemption, City of Aspen, County of Pitkin, State
of Colorado, and being more particularly described as follows:
orner of said Lot 4; thence 31.88 feet along the arc of a 340.37
Beginning at the Southeast C
of which bears N 34°44'00" W 31.87 feet; thence 30.26
foot radius curve to the right, the chord
curve to the left, the chord of which bears N 35°16'
feet along the arc of a 268.57 foot radius
39" W 30.24'feet; thence N 54°59130" E 113.20 feet to a point on the Northeasterly boundary
line of said Lot 4; thence 26.22 feet along the arc of a 346.00 foot radius curve to the right,
e 19.07 feet
footcradtlusfcurvehtoethe lefto5the5chord6oflwhicch bears cS 35126'35-1 Ea19.07long tfeet he ro to the North-
east Corner of said Lot 4; thence S 52°47'30" W 15.00 feet along the Southeasterly boundary
line of said Lot 4; thence S 45138130" W 100.08 feet along the Southeasterly boundary line of
said Lot 4 to the Southeast. Corner of said Lot 4, the point of beginning, containing 6000 squarE
feet more or less.
Legal Description - Real Properly to be Subdivided by Exception
Lot 4, Ferguson Exemption, City of Aspen, County of Pitkin, State of Colorado
Certification of Dedication and Ownership
KNOWALL
MEN BY
THESEhas PRESENTShese that Don
laMCGout,ill 1platttednand osubdivle idedithe lsame tinto llots pasty
de
shown be this plat and do hereby dedicate to the public all rights -of -way and easements shown
hereon for the public use.
T,-,7c7j7F, 7re,_ en
State of Colorado ) ss.
County of Pitkin )
day of
The foregoing instrument was acknowledged before me this
A.D. 1985 by
Witness my hand and official seal.
My commission expires:
o ary u _c
Mortgagee's Certificate
The undersigned, being all of the mortgagees of the real property described hereon, hereby
consent and approve of the making and recording of this map of the Ferguson Subdivision
Exception and P.U.D. Amendment.
TEXAS AMERICAN BANK GALLERIA
2800 Post Oak Boulevard
Houston, Texas 77506
By:
Surveyor's Certificate yor
1, Sydney
Zinc atemof dColoradoy thatlthisfy hplat at I is a tr9e,tcorrect ered nand ucomrve pletelplat offuthe
r the
1
laid out,
platted, anshown
erondlException
0cr
nt
heeon,thatsuchplatwassmaderrom anacuatesurveyofsaid propertybyy me and
supervision.
In witness whereof I have set my hand and seal this ^_
day of
A:D. 1985.
y ney incicome l
City Engineer Approval
1 City Engineer for the City of Aspen, Colorado,
do ere y approve o _s u _vision xcep ion plat for recording in the Office of the Clerk
and Recorder of Pitkin County, Colorado.
Planning and Zoning Commission Approval
The Planning and Zoninq Commission for the City of Aspen, Colorado, does hereby approve of this
to be recorded in the
map of the Ferguson Subdivision Exception and P.U.D. Amendment
office of the Clerk and Recorder A f Pitkin
County, Colorado, pursuant to action at its meeting
of
Date: ann_ng an on_ng airman
Aspen City Council Approval was approved by the
This plat of the Ferguson Subdivision Exception and P.U.D. Amendment A.D. 1985, as a sub -
City of Aspen City Council on this y of_
division exception.
Signed this day of
A.D. 1985.
1 y er Mayor
es y
Clerk and Recorder's Certificate
This plat was filed for record in the office of the Clerk and Recoorder1985, an _s recorded
at
o'clock M., this day
in Book _ at Page - Rececep _on o.
CIerK and Recut -
By:
epu y
SUBDIVISION EXCEPTION PLAT
LOT 47 FERGUSON EXEMPTION
CITY of ASPEN, COLORADO
L INES IN SPACE
SYDNEY LINCICOME (L.S.I4III)
DATE: 30 JLJ 1185 1 SCALE: 1"= 20' 0"
{ COELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED : 5 �
DATE RECEIVED COMPLETE:
PROJECT NAME:
APPLICANT:
Applicant jiddrE
REPRES EN TAT IV E:
Representative
Type of Application:
I. GMP/SUBDIV IS ION/PUD (4 step)
Conceptual Submission
Preliminary Plat
Final Plat
II. SUBDIV IS ION/PUD (4 step)
Conceptual Submission
Preliminary Plat
Final Plat
III. EXCEPT ION/EXEMPT ION/REZ ON ING (2 step)
IV . SPECIAL REVIEW (1 step)
Special Review
Use Determination
Conditional Use
Other:
0
CAS E NO.
OW
S TAFF :
Ste_
V5 ,c3-/A2
($2,730.00)
($1,640.00)
($ 820.00)
($1,900.00)
($1,220.00)
($ 820.00)
($1,490.00)
($ 680.00)
P&Z CC MEETING DATE: PUBLIC HEARING: YES NO
DATE REFERRED: i�� INITIALS:
REFERRALS: `7
City Atty Aspen Co nsol . S.D. School District
�L Cit En ineer Mt B 11
y g
Housing Dir.
n.
Parks
e
Dept.
Rocky Mtn. Nat. Gas
State Hwy Dept (Glenwd)
Aspen Water
Holy
Cross Electric
State Hwy Dept (Gr.Jtn)
City Electric
Fire
Marshall
\- Bldg: Zoninct/Inspectn
Envir. Hlth.
Fire
Chief
Other:
�- TT-------_________ _---
FINAL ROUTING: DATE ROUTED: e�/oC?/f� INITIAL:
City ALty / City Engineer Building Dept.
--- Oth Q ,r o - Other: \
FILE STATUS AND i3OCATION •
CASE DISPOSITION: I-CYj0Srn POD
Reviewed by: City Council•
P � 2 /1C�tc�p/yi,P,�� e�.l}",�r,rt'f � 5 c�cit✓i�i •ti 2'�t^,�1� C� �Uii GiMP��NWti� L✓uU+ -l�
01
u
1. A final plat shall be submitted which conforms to the
requirements of Section 24-8.12 and Section 20-15 and snpnif-
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.
5 . `Zke e 1 A/d; 41#_tk �, J-d VrI ;19", 0 T)VI U'IVAIA ;Y,�j W r m o ov, -4d
P.eviewee" Bv: Asper. P&Z \City Council
r �
CCA1�1'f
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
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.
0
0
DENVER OFFICE
SUITE 2900
555 SEVENTEENTH STREET
DENVER, COLORADO 80202
TELEPHONE (303) 295-8000
TELECOPIER (303) 295-8261
MONTANA OFFICE
SUITE 1400
175 NORTH 27TH STREET
BILLINGS, MONTANA 59101
TELEPHONE (406) 252-2165
TELECOPIER (406) 252-1669
BARBARA K. PURVIS
H OLLAND & HART
ATTORNEYS AT LAW
600 EAST MAIN STREET
ASPEN, COLORADO 81611
TELEPHONE (303) 925-3476
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:
WASHINGTON, O. C. OFFICE
SUITE 1200
1875 EYE STREET, N. W.
WASHINGTON, D. C. 20006
TELEPHONE (202) 466-7340
TELECOPIER(2021456-7354
WYOMING OFFICE
SUITE 500
2020 CAREY AVENUE
CHEYENNE,WYOMING 82001
TELEPHONE (30'A 632-2160
TELECOPIER (307) 778-8175
S. E.DENVER OFFICE
SUITE 1250
7887 EAST BELLEVIEW AVENUE
ENGLEWOOD, COLORADO 80111
TELEPHONE (303) 741-1225
D 6LOMC n
AUG ism ':tI
Enclosed is a xerox copy of the fully executed Agreement of
Covenants and Restrictions for the above -referenced project.
Very truly yours,
r
Barbara K. Purvis
for Holland & Hart
BKP/jcd
Enclosure
cc: Don McGill
Ah
As en Pitk�i;=n Pla Bin Office
130 sou, treet
1V.
aspen, colord'o 81611
October 30, 1987
Mr. Michael J. Herron
Suite 210
Durant -Galena Building
450 South Galena
Aspen, CO 81611
Fe: 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 Planninq 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
Richard Cummins*
Michael J. Herron —
also admitted in New York
and California
alco admitted in Florida
October 27, 1987
HAND DELIVERY
Steve Burstein
c/o Aspen Planning
130 S. Galena
0
CUMMINS and HERRON
Attorneys at Law
Suite 201
Durant -Galena Building
450 South Galena Street
Aspen, Colorado 81611
& Zoning Office
Aspen, Colorado 81611
Re: Lot A, Ferguson Subdivision
Amendment Plat
Dear Steve:
- M �:7i5r�n?
I
MT 2 i 1987
303/920-2310
Exception and P.U.D.
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 client is currently the contract purchaser of this
property is concerned about this encroachment especially since he
plans to 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.
E
•
Steve Burstein
Aspen Planning & Zoning
10-27-87
Page 2
Cordially,
M ael J. He on
cc: i ipes
enclosure
MJH/rs
201 CO9
r
AGREEMENT OF COVENANTS AND RESTRICTIONS
These covenants and restrictions are made this _g 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 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 price_ ammint of appreci-ation, 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
•
0
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.
Don McGill, Presi
ATTEST:
Secretary
(SEAL)
STATE OF �,/C�CL�� )
a' ) SS:
COUNTY OF jQGAI(„J )
V
The foregt76,1
instrument was acknowledged before me this
,�1 day of 1985.
My Commission Expires:
/J_/a.�9
Notary Public
Address go
-2-
HOUSING AUTHORITY FOR
THE CITY OF ASPEN, COLORADO
By: ,
Chairman
STATE OF )
SS:
COUNTY OF )
The fore ing trument was acknowledged before this me
day of in 1985.
My Commission Expires:
I aL )S-Fro
ress
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P A j Y Ntj� IIUR y,
q
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L qrfY 6-II -bI
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STATEMENT OF
EXCEPTION FROM THE FULL SUBDIVISION
PROCESS FOR
THE PURPOSE OF SUBDIVIDING LOT 4,
FERGUSON EXEMPTION PLAT AND AMENDING THE PUD
WHEREAS, Don McGill (hereinafter referred to as "Applicant"),
is the owner of a parcel of real property known as Lot 4, Ferguson
Exemption Plat, according to the map thereof recorded June 1,
1 981 , 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 and PUD 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--
v is ion 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
i
0
BOOK 599 PAGE877
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 , 1 986.
William L. Stirling, Mayor
APPROVED AS TO FORM:
---------- -�------------
Paul J. Taddu 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 Amend-
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.
Kathryn S. Koch, City Clerk
2
61
lo�o
V�
BOOK 509 FAGE878
DECLARATION -OF -COVENANTS, -RESTRICTIONS -AND -CONDITIONS
These covenants and restrictions are made this _1 �day of
-------11 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.
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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 proceeding to enforce the provisions 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.
A.
p00w 539 PrUE83
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.
Don McGill, President
ATTEST:
Secretary
Cro
STATg,�a<; )
:'r ) ss
The foregoing instrument was acknowledged before me this
day of ------=---------------- 1986.
My commission expires:
------------------------
--/ r---------------------
Notary Public
Address ,�"��-J����LL�-QC) --- C-J- c- �- --- - I
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TO:
TH RU :
ME MORAN DU M
Aspen City Council
Hal Schilling, City Manager
FROM: Steve Burstein, Planning Office
RE : Ferguson PUD 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(PUD) zone district.
The conditions
attached
to the recommended
approval are stated below.
PREVIOUS COUNCIL AND PLANNING COMMISSION ACTION: 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
adoption of City Council Ordinance 82-16. City Council rezoned the
property to R-15A (PUD) 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 McGill, desires to build
an addition on his house at 1220 E. Cooper. However,because of the
non -conformity of two structures on one lot, no enlargement is
presently allowed.
APPLICABLE SECTIONS OF MUNICIPAL CODE: The proposed action is
identified as a resubdivision and PUD amendment within Section 24-8.25
of the Municipal Code. Section 24-8.26 lists the changes to a PUD
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
development 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-
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 -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 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 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 PUD 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 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 prior to the issuance of any building
permits.
2. The deed -restriction and agreement pertaining to 1240
2
SB.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.
3
DENVER OFFICE
SUITE 2900
555 SEVENTEENTH STREET
DENVER, COLORADO 80202
T ELEPHONE(303) 295.8000
TELECOPIER (303) 295-8261
MONTANA OFFICE
SUITE 1400
175 NORTH 27TH STREET
BILLINGS, MONTANA 59101
TELEPHONE (406) 252-2166
TELECOPIER (406) 252-1669
BARBARA K. PURVIS
•
H OLLAND & HART
ATTORNEYS AT LAW
600 EAST MAIN STREET
ASPEN, COLORADO 81611
TELEPHONE (303) 925-3476
June 25, 1985
Mr. Alan Richman
City of Aspen, Planning Department
130 South Galena Street
Aspen, Colorao 81611
Re: Ferguson Exemption
and PUD Amendment
Dear Alan:
WASHINGTON, D. C. OFFICE
SUITE 1200
1875 EYE STREET, N. W.
WASHINGTON. O. C. 20006
TELEPHONE (202) 466-7340
TELECOPIER (202)466-7354
WYOMING OFFICE
SUITE 500
2020 CAREY AVENUE
CHEYENNE, WYOMING 82001
TELEPHONE (307) 632-2160
TELECOPIER (307) 778.6175
S. E.DENVER OFFICE
SUITE 1250
7887 EAST BELLEVIEW AVENUE
ENGLEWOOD, COLORADO 80111
TELEPHONE (303) 741-1226
G6GUML%II�
2 51985 I
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.
• 14OLLAND & 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 your
Barbara K. Purvis
for Holland & Hart
BKP/klb
Enclosure
cc: Don McGill
Harry 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.
CI - of ASPE*N
130 south galena street
aspen, colorado 81611
303-925-2020
LAND USE APPLICATION FORM DATE SUBMITTED
FEES $1.4 0.00
NAME Don McGill c/o Barbara K. Purvis of Holland & Hart
ADDRESS 600 East Main Street, Aspen, Colorado 81611
PHONE 003) 925-3476
NAME OF PROJECT Ferguson Subdivision Exemption & PUD Amendment
PRESENT ZONING
LOT SIZE
LOCATION
R-15A PTIT)
26. 999 4' aminra facer
(indicate street address, lot and block number. May require legal
description. A vicinity map is very useful.)
CURRENT BUILD -OUT 2900 + 1239 sq. ft.
PROPOSED BUILD -OUT _3300•+ 1239 . sq. ft.
two
units
two _ units
DESCRIPTION OF EXISTING USES Each structure is a single family residence with the
—smalle sr , „ra 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 & PU.D Amendment
APPLICABLE CODE SECTION (S) 20-19 and 24-8.25
PLAT AMENDMENT 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 commitme-,- or statement from an attorney indicating
that he/she has research..d the title and verifies that the applicant
is the owner of the propi.rty (free of liens and eucumbrances.)
2. If the process requires r public hearing, a Property Owner's Lis
must be supplied which g es all owners 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 Surveyot Yes p;o
DENVER OFFICE
SUITE 2900
555 SEVENTEENTH STREET
DENVER, COLORADO 80202
TELEPHONE (303) 295-8000
TELECOPIER (303) 295-8251
MONTANA OFFICE
SUITE 1400
175 NORTH 27TH STREET
BILLINGS, MONTANA 59101
TELEPHONE (406) 252-2166
TELECOPIER (406) 252-1669
BARBARA K. PURVIS
Mr. Alan Richman
City of Aspen, Planning
130 South Galena Street
Aspen, Colorao 81611
Dear Alan:
HOLLAND & HART
WASHINGTON, D. C. OFFICE
ATTORNEYS AT LAW
SUITE 1200
1875 EYE STREET, N. W.
600 EAST MAIN STREET
WASHINGTON, D. C. 20006
TELEPHONE 1202) 466-7340
ASPEN, COLORADO 81611
TELECOPIER (202)466-7354
TELEPHONE (303) 925-3476
WYOMING OFFICE
SUITE 500
2020 CAREY AVENUE
CHEYENNE, WYOMING 82001
TELEPHONE (307) 632-2160
TELECOPIER (307) 778-8175
S. E. DENVER OFFICE
SUITE 1250
7887 EAST BELLEVIEW AVENUE
ENGLEWOOD, COLORADO 80111
TELEPHONE (303) 741-1226
June 25, 1985
D
,125
Department
Re: Ferguson Exemption
and PUD Amendment
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.
0 0
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 your
, It/c_
Barbara K. Purvis
for Holland & Hart
BKP/klb
Enclosure
cc: Don McGill
Harry Mayer
1�
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.
#ATY UFASV�N
130 south galena street
aspen, Colorado 81611
303-925 -2020
LAND USE APPLICATION FORM
DATE SUBMITTED
FEES $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 FPrgusopSubdivision Exemption & PUD Amendment
PRESENT
ZONING R-15A Pim
LOT SIZE
26 999 f square
feet
(according to the map thereofrecor
e
LOCATION
Lot 4. Ferguson Exemption Plat June 1, 1981 in Plat hook it
at Page 59.
(indicate street
address, lot and block number. May require legal
description. A
vicinity map is very useful.)
CURRENT
BUILD -OUT 9q()o + 1239
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
smaller structure 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 AMENDMENT REQUIRED g 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 commitmE z or statement from an attorney indicating
that he/she has research the title and verifies that the applicant
is the owner of the propi.rty (free of liens and eucumbrances.)
2. If the process requires r. 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 in some cases.
3. Number of copies required (by code and/or in pre -application
conference.)
4. Plat by Registered Surveyor Yes No
CITY OVASPEN
130 south galena street
aspen, colorado 81611
303-9215 -2020
LAND USE APPLICATION FORM
DATE SUBMITTED
FEES $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 Ferguson Subdivision Exemption & PUD Amendment
PRESENT ZONING
LOT SIZE
LOCATION
CURRENT BUILD -OUT
B-1 5 A PT1T)
26, 999 ± square feet
according to the map thereof recor e
Lot 4. Ferguson Exemption Plat June 1 1981 in Plat Book 11 at Page 59 )
(indicate street address, lot and block number. May require legal
description. A vicinity map is very useful.)
2900 + 1239 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 -
Smaller gl7rurfure 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 & PU,D Amendment
APPLICABLE CODE SECTION (S) 20-19 and 24-8.25
PLAT AMENDMENT 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 commitme or statement from an attorney indicating
that he/she has research d the title and verifies that the applicant
is the owner of the propfrty (free of liens and encumbrances.)
2.
3.
If the process requires r 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 in some cases.
Number of copies required (by code and/or in pre -application
conference.)
4. Plat by Registered Surveyor. Yes No
ME MORANDU M
TO: Aspen City Council
THRU: Hal Schilling, City Manag Q�
FROM: Steve Burstein, Planning 01ce
RE : Ferguson PUD 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(PUD) zone district.
The conditions
attached
to the recommended
approval are stated below.
PREVIOUS COUNCIL AND PLANNING COMMISSION ACTION: 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
adoption of City Council Ordinance 82-16. City Council rezoned the
property to R-15A (PUD) 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 McGill, desires to build
an addition on his house at 1220 E. Cooper. However,because of the
non-conf ormity of two structures on one lot, no enlargement is
presently allowed.
APPLICABLE SECTIONS OF MUNICIPAL CODE: The proposed action is
identified as a resubdivision and PUD amendment within Section 24-8.25
of the Municipal Code. Section 24-8.26 lists the changes to a PUD
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
development 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) .
•
0
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 -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 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 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 PUD 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 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 prior to the issuance of any building
permits.
2. The deed -restriction and agreement pertaining to 1240
0 •
SB.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.
3
•
•
TO:
TH RU :
ME MORANDU M
Aspen City Council
Hal Schilling, City Manager
FROM: Steve Burstein, Planning Office tom\
RE: Ferguson PUD 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(PUD) zone district.
The conditions
attached
to the recommended
approval are stated below.
PREVIOUS COUNCIL AND PLANNING COMMISSION ACTION: 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
adoption of City Council Ordinance 82-16. City Council rezoned the
property to R-15A (PUD) 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 McGill, desires to build
an addition on his house at 1220 E. Cooper. However,because of the
non -conformity of two structures on one lot, no enlargement is
presently allowed.
APPLICABLE SECTIONS OF MUNICIPAL CODE: The proposed action is
identified as a resubdivision and PUD amendment within Section 24-8.25
of the Municipal Code. Section 24-8.26 lists the changes to a PUD
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
development 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-
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 -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 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 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 PUD 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 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 prior to the issuance of any building
permits.
2. The deed -restriction and agreement pertaining to 1240
2
SB.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.
R
HOLLAND & HART
DENVER OFFICE
WASHINGTON, D. C. OFFICE
SUITE 2900
ATTORNEYS AT LAW
SUITE 1200
555 SEVENTEENTH STREET
1875 EYE STREET, N. W.
DENVER, COLORADO 80202
600 EAST MAIN STREET
WASHINGTON. D. C. 20006
TELEPHONE(303) 295-8000
TELEPHONE(202) 466.7340
TELECOPIER (303) 295-8281
ASPEN, COLORADO 81611
TELECOPIER (202)466-7354
TELEPHONE(303) 925-3476
MONTANA OFFICE
WYOMING OFFICE
SUITE 1400
SUITE 500
175 NORTH 27TH STREET
2020 CAREY AVENUE
BILLINGS, MONTANA 59101
CHEYENNE, WYOMING 82001
TELEPHONE1406) 252-2166
TELEPHONE (307) 632-2160
TELECOPIER (406) 252-1669
TELECOPIER (307) 778.8175
BARBARA K. PURVIS
S. E.DENVER OFFICE
SUITE 1250
7887 EAST BELLEVIEW AVENUE
ENGLEWOOD, COLORADO 80111
TELEPHONE (303) 741-1226
June 25, 1985
rW FMr. Alan Richman
City of Aspen, Planning Department
130 South Galena Street
Aspen, Colorao 81611
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.
• • r
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 yours.
Barbara K. Purvis
for Holland & Hart
BKP/klb
Enclosure
cc: Don McGill
Harry 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.
C _Ip
IN OF'ASPI!N
130 south galena street
aspen, colorado 81611
303-9215 -2020
LAND USE APPLICATION FORM
DATE SUBMITTED
FEES _ $1.490.00
NAME
Don McGill c/o Barbara
Purvis of Holland & Hart
ADDRESS
600 East Main Street, Aspen,
Colorado 81611
PHONE
_(303) 925-3476
NAM OF
PROJECT Ferguson Subdivision Exemption & PUD Amendment
PRESENT
ZONING R-19A PTTD
LOT SIZE
26, 999 -+" square
feet
according to the map thereof
recor e
LOCATION
Lot 4 Ferguson Exemption
Plat June 1 1981 in Plat Book 11
at Page 59 T.
(indicate street
address, lot and block number. May require legal
description. A
vicinity map is very useful.)
CURRENT BUILD -OUT ?900 + 1239
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
Gmaller s rurare 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 & PU.D Amendment
APPLICABLE CODE SECTION (S) _20-19 and 24-8.25
PLAT AMENDMENT 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 commitmc�Z or statement from an attorney indicating
that he/she has research..d the title and verifies that the applicant
is the owner of the propf.rty (free of liens and eucumbrances.)
2. If the process requires r public hearing, a Pro erty Owner's List
must be supplied which g es all owners 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 Reg .stered Surveyot Yes No
MEMORANDUM
Date: August 12, 1985
TO: Janet Raczak, Building Department
FROM: Patsy Newbury, Zoning Official
SUBJECT: Ferguson (McGill) Subdivision Exception and PUD
Amendment
The following are my referral comments for the above:
1) Why are we creating another small non -conforming lot. If
this is to be done, emphasize that the existing employee unit may
or may not have additions.
2) How does this affect the original PUD which required the
Employee Unit on Lot B.
3) Who will be responsible for rental of employee units?
4) Can it be sold?
5) I am unable to find deed restrictions as need to be filed in
the Clerk & Recorder's Office for employee unit.
6) There are some additions that still require Certificate of
Occupancy.
PN/ar
i1 bh ! bh7erM iT�
Cv<{firj � r►a►� c a,fr/n��j
pU10 �1�w7`b ve✓ ,Si2�e c� ���;
Pad►n � �in�
y
�r� 1
441 l tv ►l
1COW W I n ►wc of I
7f i y � K� PX 4+I
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 departm--` has no problems with this
application as it does not change ti,= character of the development
and won't alter any parking, traffic, open space or easement
conditions.
•
1]
DENVER OFFICE
SUITE 2900
555 SEVENTEENTH STREET
DENVER, C OLORADO 80202
T E LEPHONE(303) 295-8000
TELECOPIER 1303) 795-8261
MONTANA OFFICE
SUITE 1400
175 NORTH 27TH STREET
BILLINGS. MONTANA 59101
TELEPHONE 1406) 252-2166
TELEC OPI ER (406) 252-1669
BARBARA K. RURVIS
Mr. Don McGill
11800 Old Katy Road
Houston, TX 77079
H OLLAN D & HART
ATTORNEYS AT LAW
600 EAST MAIN STREET
ASPEN, COLORADO 81811
TELEPHONE(303) 925-3476
August 2, 1985
Re: Lot 4, Ferguson Exemption Subdivisi
Aspen, Colorado
Dear Don:
WASHINGTON, D. C OFFICE
SUITE 1200
1875 EYE STREET, N. W.
WASHINGTON, D. C. 20006
TELEPHONE 12021466-7340
T E LECOPIER 1202)466-7354
WYOMING OFFICE
SUITE 500
2020 CAREY AVENUE
CHEYENNE, WYOM I NG 82001
TELEPHONE (307) 632-2160
TELECOPIER (307) 778-8175
S. E.DENVER OFFICE
SUITE 1250
7887 EAST BELLEVIEW AVENUE
ENGLEWOOD, COLORADO 80111
TELEPHONE (303) 7AI-1226
GU9UvL?13
AUG - 61985
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,^
Barbara K. Purvis
for Holland & Hart
BKP/jcd
Enclosure
cc: Ann Bowman (w/e)
Steve Burstein (w/e)
DENVER OFFICE
SUITE 2900
555 SEVENTEENTH STREET
DENVER,COLORADO 80202
TEL EPH ONE 1303) 295-8000
TELECOPIER(303) 295-8281
MONTANA OFFICE
SUITE 1400
175 NORTH 27TH STREET
BILLINGS, MONTANA 59101
TELEPHONE 1405) 252-2166
TELECOPIER (406) 252-1669
• 0
HOLLAND & HART
ATTORNEYS AT LAW
600 EAST MAIN STREET
ASPEN, COLORADO 81611
TELEPHONE (303) 925-3476
July 29, 1985
Ann Bowman
Aspen-Pitkin County Housing Authority
0100 Lone Pine Road
Aspen, CO 81611
Re: Lot 9, Ferguson Exemption Plat
Dear Ann:
WASHINGTON, D. C. OFFICE
SUITE 1200
1875 EYE STREET, N. W.
WAS HI NGTON, D. C. 20006
TELEPHONE (202) 466-7340
TELECOPIER 1202)466-7354
WYOMING OFFICE
SUITE 500
2020 CAREY AVENUE
CHEYENNE'WY DIMING 82001
TELEPHONE (307) 632-2160
TELECOPIER (307) 778-8175
S. E-DENVER OFFICE
SUITE 1250
7887 EAST BELLEVIEW AVENUE
ENGLEWOOD, COLORADO 80111
TELEPHONE 1303) 741-1226
Enclosed is a xerox copy of the revised Agreement of
Covenants and Restrictions. The revision to paragraph #1
incorporates your request for 3 second deed restriction in the
event that the single family residence on Lot 5 becomes a. sa.lQ
unit.
Thank you for your assistance.
Very truly yours,,
Barbara K. Purvis
for Holland & Hart
BKP/jcd
Enclosures
cc: Mr. Don McGill
Mr. Steve Burstein
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:
i. 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
I
• 0
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-
CASE DISPOSITION: �Jey�USan n�`�'��) NUn 7�16—�5
Reviewed by: n P&Z City Council
P `� 2 ���;��� e,��� � s c.b d � �i 5; ; � Ph�� lti�
PU i� dt�'►��-�i�
��1,� -�(,��c
U
1. A final plat shall be submitted which conforms to the
requirements of Section 24-8.12 and Section 20-15 and snPc:if—
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.
Reviewed By: Aspen P&Z
City Council
Q
Curve R C Bearing
2 340.37 31.87 S34044100"E
12 346.00 102.93 N65002'14"W
13 — 346.00 110.99 N47"15115"W
14 346.00 26.21 N35051'15"W
18 844.02 93.46 N33°29104"F
19 309.94 18.16 N35°26145"W
,C o T .2
Two 5 roRy-
flovS 6-
L0T_,�
z O / y d' teL' \
�Pr�X �a SD
Ic°
EOGE v F 1--->A vfM E1v r
C04OR A'0 f1/ WAY ga
*Note: Metes and Bounds information on plat does not
satisfy mathematical closure
*Nnte: For restrictions 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, Cnlorado
was prepared under my direct supervision, that it. is not a land survey plat or
improvement survey plat, and that it is not to he relied upon for the estab-
lishment'•of fence, buildin, or other future improvement lines.
1 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.
i
By: 1MPROVFMFNT LOCATION CERTIFICATE
Sydney Lincicome L.S. 14111
-T-= Lot. 4 Fer uson Fxem .inn
ion Cnlnrado
.,..��� LINES IN SPACE
;�l; 14111
f SYDNEY LINCICOME (L.S.14111)
�rl t •!C'�a tuavE{^P.,' BOX 121 CARBONDALE COLO. 303-963-3852
tl
�'� �jf •.- .. ".c" Anri l 1f,_ 19R4 1 S C A L E : I = 4_�
Recorded at --
Reception No —
r— -- --
Recorder.
THIS DEED, Made this 22ND day of FEBRUARY 1982,
between Board of County Commissioners of
Pitkin County
of the Countyof Pitkin and state of
Colorado, of the first part, and Ae`
City of Aspen, Colorado, a munic. al
corporation
whose legal address is 130 South Galena Street, Aspen
2 3 9R � RI sJAMP
LORETTA BANNER
ITKIN CTY. RECORDER
9 11 00 AH '6Z
L
of the Countyof Pitkin and state of
Colorado, of the second part,
WITNESSETH, That the said part of the first part, for and in consideration of the sum of
Ten Dollars ($10.00)-----------------------------
-----------7JOLLAR'S;
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 confessed and acknowledged, ha S remised, released, sold, conveyed and QUIT CLAIMED, and by these
presents do eS remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, its heirs,
successors and assigns, forever, all the right, title, interest, claim and demand which the said part y of the first part
has in and to the following described lot 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
covenant running with the land and binding upon the City of Aspen,
its successors and assigns.
i
also known as street and number
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto
belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the
said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of
the second part, itEiieirs and assigns forever.
IN WITNESS WHEREOF, The said party of the first part haS hereunto set its hand
and seal the day and year first above written. BOARD OF COUNTY COMMISSIONERS
Signed, Sealed and Delivered in the Presence of I SEAL]
SEAL]
STATE OF COLORADO, (SEAL]
ss.
Countyof Pitkin
The foregoing instrument was acknowledged before me this 22ND day of FEBRUARY
1982, by HELEN KLADMERUD, =TR[w-mN nF ",7. . PTTvjIj COLZ,—Y L'Oli^�. OL C0 Nl'Y COMI�IISS
My commission expires 6 FEBRUARY 119 85. Witness my hand and official seal.
mt_
506 EAST MAIN STREET
ASPEN,,COLOPADO 816.
Notary Public.
No. 933. QUIT CLAIM DEED. Bradford Puhli%hin8. 3825 W. 61h Ave.. Lakewood. CO 80214 — (303) 233-6900— 6-81 a
i
000, . .�
Curve R C Bearing
2
340.37
31.87
S34044'00"E
12
346.00
102.93
N650021141-W
13
346.00
110.99
N47015'15"W
14
346.00
26.2.1
N35051'15"W
18
844.02
93.46
N33029'04"E
19
309.94
18.16
N35026'45"W
• 'WD 5 roRf'
f/ovSE
�G
F
,C o T .2.
EOGE of PAvfMEvT
C oc v,-?4 p o ff i WAY 81
*Note: Metes and Bounds information on plat does not
satisfy mathematical closure
*Note: For restrictions on development of slopes over 30% sep original plat
of Ferguson Exemt.ion
I hereby certify that this Improvement Location Certificate of Lot 4
Ferguson Exemption Aspen, Colorado
was prepared under my direct supervision, that it. is not a land survey plat or
improvement survey plat, and that it is not to be relied upon for the estab-
lishment'.of 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, 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.
i /
By: ^�;;�-��' �. - IMPMENT LOCATION CERT 1 F I CATE
Sydney Lincicome L.S. 14111
4 Ferguson Expm on
�r
n Colorado
���• �` INES /N SPA CE
14111
• fNEY L/NC/COME(L.S./4///)
RBONDALE COLO. 303-963-3852
�'tl�!'; �D sua��. • _ SCALE :1 ,
11
My cvOV4
Oa G ,
��--
-o>N
\ �G
F
Curve R C Bearing 1
—1 268 .
2 340.37 31.87 S3404410011E
12 346.00 102.93 N65002'14"W
13 346.00 110.99 N47015115"W
14 346.00 26.21 N35051'15"W
18 844.02 93.46 N33029104"E
19 309.94 18.16 N35026'45"W
*Note: Metes and Bounds information on plat does net
satsry r. Ott:-•,,: 1 ,1--1,_,r•H
L o T,3
EoGE cc- PA v,-m E-,v r
C oc w,A y 8 .Z
n
•
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).
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 Comi.-Lssioners. 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 124 E. Cooper -on the City' s property.
Ordinance 82-18 was also passed at t is time, accomplishing rezoning of
the lot in the Ferguson Plat to R 1:, 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..."
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 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 dons not have a scale, nor does it
identify the adjoini { lots on the location of existing
fences and utilit -es. 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
V4
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 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 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 major 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.
AL TERNATIV ES
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:
Ilk
110K V6. . 11,E
- W � RECORD OF PROCEEDINGS 100 Leaves
►MM M C. r. NnrrKrL n�T, n L. cn. � � —
Y -_
M
m L s
ORDINANCE NO.
o
(Series of
1982)
C -
Q'
l:J
c- :r m
�U:ORQ'NANCE ANNEXING
A TRACT OF
LAND KNOWN AS LOTS
1, 2,
N
3 �ND 4 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 "Petition") 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 City
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 Annexation Act provides 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
0
•
RECORD OF PROCEEDINGS 100 Leaves
FMM 51 C. P. N—Kft E. B. n L. c 1.
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:
That the following described tract, situate in Pitkin County,
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.
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.
A public hearing on the ordinance shall be held on the "�o
day of , 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
�ouK 428
j RECORD OF PROCEEDINGS 100 Leaves
FORM •.a C. I. HOFCKFI B. B. & 1. CO.
INTRODUCED, READ AND ORDERED published as provided by law by
the City Council of the Ciittyl of Aspen, Colorado, at its regular
meeting held on the /6_rday of , 1982.
F �; Herman Edel
J� Mayor
ctT1IJE.$T,� =
C
Kathryn S. och
City Clerk
FINALLY adopted, passed and approved on the day of
1982.
Herman Edel
.� )F Mayor
V l J
ATTEST:'•
YI
1
ehry • S. och
City Clerk
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.
//ovSE
L 0T.3
l
Curve R C Bearing
2
340.37
31.87
S34044100"E
12
346.00
102.93
N65002114"W
13
346.00
110.99
N47°15'15"W
14
346.00
26.2.1
N35°51115"W
18
844.02
93.46
N33029104"E
19
309.94
18.16
N35126145"W
EOGE o F PA vfM EN T
Co4v,•7.slvo ,A// WAY 81
*Note: Metes and Bounds information on plat does not
satisfy mathematical closure
*Nate: For restrictions on development of slopes over 30% see original plat
of Ferguson Exemt.ion
I hereby certify that this Improvement. Location Certificate of Lot 4
Ferguson Exemption Aspen, Colorado
was prepared under my direct supervision, that it. is not a land survey plat or
improvement survey plat, and that it is not to be relied upon for the estab-
lishment'.of fence, buildinc; 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, 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: ^�,�� �' �� _' --- IMPROVEMENT LOCATION CERTIFICATE
Sydney Lincicome L.S. 14111
�- Lnt 4 Fer uSn
A�n Fxen�. nn
nn Cn 1 nradn
L/NES /N SPACE
i tiz ; 141 1 1
• SYDNEY L/NC/COME (L.S. /4///�
BOX 121 CARBONDALE COLO. 303-963-3852
•
•
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).
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, 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
C
•
(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 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. 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 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 major 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 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 -
E
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 -
fi
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
dM
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
2919
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
TO: City Attorney
City Engineer
Zoning+ Enforcement Officer
FROM: Steve Burstein, Planning Office
RE: Ferguson PUD Amendment
DATE: June 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.
k
•
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.
Don McGill
STATE OF C Xq )
' I ) ss.
COUNTY OF l-�N�e�! `• )
The foregoing instrument was acknowledged before me this
day of /1� _, 198L, by oA/ALr- P. /!2C�-rrjI
Witness my hand and official seal.
My commission expires:
Notary Public
�K
/Gs4 J Gj /•' • •,
�G
F
Curve R C Bearing
'i"TT97—TT-7571".V 0'rE--
2 340.37 31.87 S34044100"F
12 346.00 102.93 N65002'14"W
13 346.00 110.99 N47°15115"W
14 346.00 26.21 N35051'15"W
18 844.02 93.46 N33029104"F
19 309.94 18.16 N35026145"W
07 �
4
Ti,✓o 5 TORy
HOUSE
z,Oi y
EDGE vF PAvEME�vT
COL DR4PO AW / WAY 81
*Note: Metes and Bounds information on plat does not \
satisfy mathematical closure
*Note: For restrictions on development of slopes over 30% see original plat.
of Ferguson Exemtion
1 hereby certify that this Improvement Location Certificate of Lot 4
Ferguson Exemption Aspen, Colorado
was prepared under my direct supervision, that it. is not a land survey plat or
improvement survey plat, and that it is not to be rolied upon for the estab-
lishment'•of 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, 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.
B`' � 1�0_ - ..
Sydney Lincicome L.S. 14111
`~4'
10 '- r
y � .
14'111
SUR��'y�Q .
IN
1MPROVFMF-NT LOCATION CFRTIFICATF
Lot 4 Ferguson Exemption
A� en Cnlnrado
BrL/NES IN SPACE
SYONEY L/NC/COME (L.S 14111)
BOX 121 CARBONDALE COLO.'VhS 303-963-3652
Any i If, 1L4PA I SCALE:1''=4n'
l
RESOLUTION OF THE BOARD OF COUNTY
CORMISSIONERS OF PITKIN COUNTY, COLORADO,
scox v82 rac:162
GRANTING AN EXEMPTION FROM THE
DEFINITION OF SUBDIVISION FOR THE PARCELLING
AND SALE OF LOTS 1-17 OF BLOCK 17,
RIVERSIDE ADDITION
Resolution No.
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 subdivision activity within intents and purpose of state
and local'subdivision regulation, and wish to resolve the same by
the action hereinafter taken,
NOW, THEREFORE, 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, 5, 6, 7, B, 9, 10, 11, 12, 13,
14, 15, 16, and 17, Block 17, Riverside Addition to the City of
Aspen, into no more than five 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
site into a four-bedroom/two bath unit and the same shall:
- 1 -
e3ofi Jo,G t�,:10�1
(a) be sold at FMH resale 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.
BE 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 necessary 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 Board of County Commissioners of Pitkin County,
Colorado, at its regular meeting held January 14, 1960.
ATTEST:EST:'
zzabeth G. Stewart
c puty_Colinty Clerk
APP'RQ'7ED-AS TO FORM:
Sandra M. Stu ler
County Attorney
THE BOARD OF COUNTY CWQIISSIONERS
OF PITKIN COUNTY, COLORADO n
By:
i
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i
Y CITY OVASPEN
130 south galena street
aspen, coIorado 81611
303-9215 -2020
LAND USE APPLICATION FORM DATE SUBMITTED
FEES
$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 Ferguson Subdivision Exemption & PUD Amendment
PRESENT ZONING R-15A P11m
LOT SIZE 26 999 ± square feet
(according to the map thereofrecorded
LOCATION _Lot 4. Ferguson Exemption P1atlJune 1 1981 in Plat Book
11 at Page 59.
(indicate street address, lot and block number. May require legal
description. A vicinity map is very useful.)
CURRENT BUILD -OUT 2900 + 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
cmallPr stru t„re 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 AMENDMENT REQUIRED g YES
DATE PRE -APPLICATION CONFERENCE COMPLETED April 10, 1985
NO
ATTACHMENTS: 1. All applicants must supply Proof of Ownership in the form of a
title insurance commitme-,- or statement from an attorney indicating
that he/she has research.d the title and verifies that the applicant
is the owner of the property (free of liens and eucumbrances.)
2. If the process requires n public hearing, a Pro erty Owner's List
must be supplied which f •es all owners 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
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.
ti
re
Verification of Application o �40
For Subdivision Exemption i "' �' ;rq'
and PUD Amendment ray
0
i
I, Don McGill have read the foregoing Application For Subdivi-
sion Exemption and PUD Amendment and verify its contents.
Don McGill
STATE OF ."0Yq ) a 01
s s .y
COUNTY OFA�/�!S
t �
The foregoing instrument _was acknowledged before me this�rS°6•
day of /�lF 198.�'�, by I�oAwc,j) P. MC i--�r/I �•�s�`t�c
Witness my hand and official seal. 11061!
My commission expires:
Notary Public
. t.
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
(303) 925-2020
LAND USE APPLICATION FEES
City
00113 -
63721
- 47331
52100
GMP/CONCEPTUAL
63722
47332
52100
GMP/PRELIMINARY
63723
47333
52100
GMP/FINAL
63724
47341
52100
SUB/CONCEPTUAL
63725
47342
52100
SUB/PRELIMINARY
63726
47343
52100
SUB/FINAL
63727
47350
52100
EXCEPT/EXEMPTION
63728
47350
52100
REZONING
63729
47360
52100
SPECIAL REVIEW
SUB -TOTAL
L16
County
00113
63711
- 47331
• 52200
GMP/GENERAL
63712
47332
52200
GMP/DETAILED
63713
47333
52200
GMP/FINAL
63714
47341
52200
SUB/GENERAL
63715
47342
52200
SUB/DETAILED
63716
47343
52200
SUB/FINAL
63717
47350
52200
SPECIAL REVIEW
63718
47350
52200
REZONING
63719
47360
52200
SPECIAL APPROVAL
SUB -TOTAL
PLANNING OFFICE SALES
00113 -
63061
09000
52200
COUNTY CODE
63063
09000
52200
ALMANAC
63062
09000
00000
GMP
63066
09000
00000
COPY FEES
63069
09000
OTHER
SUB -TOTAL
TOTAL
Name: _
Address
Check No.
Additional Billin
Phone:
Project:
Date:
No. of Hours:
.. ..s....{.
FERGUSON EXEMPTION PLAT
444E \.
AREA OF P4TIRE PARCEL
83,25C t S0. FT.
VICINITY MAP
tl 1 1
„
a
3 e•'e � .S
y/� G
v'elk 41
' '-' - ,'ti •� • a ePo, asr
o .s•a•ae .l.a"
a registered surveyor in the State of Colorado, do hereby
certify that I have prepared this plat of Terquaos Exemption
based on documents of record in the Office of the pitkin Cmnty
Clerk and Recorder, and that the plat accurately depicts the
lots as staked on the ground.
% In witstess thereof, I have set sty hand r�1
day of
.:IOHNSON- I.0"GITELLAW b ASSOCI ATf 8 , FMC . M�
CiiPvF IIATA
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NOTE tl4st15 0; 8,Ar14R-k01tTM LIOV Of RIVERSIDE
P,-ACER SEARING $s'Y i9'Cw1 E.
e SET NC S REIDAR WIT" CAP L 5 SC;S
CF_RTIFIICATB Qi OWNERSHIP
Know all men by these presents that L:swa Alto Ct-ooratios, a TWA"*
Corporation, being the owner of certain lands in Pitk:s. t7emnty.
Colorado, beino described as follows:
A parcel of land beino all of Lots 1,2,3,4,5,6,7,t,S,10,i1,12,13,
14,15,16, and the Northwesterly 1/2 of Lot 17 in Block 17 of River-
side Addition to the City of Aspen, Colorado, and that part of the
alley in said Block 17 lying between Lots 1,2,3,I,S,i,7 and Lots
10,11,12,13,14,15,16 and the Northwesterly 1/2 of Lot 17, tooether
with the Southwesterly 1/2 of Circuit Ave. adjacent to Lots 1,2,3,4-
5,6,7,8 and 9 of said Block 17 end the Westerly 1/2 of a platted
street adiacent to Lot 9 of sail Block 17. Said parcel is more fully
described .3s follows;
BeainninQ at a tw,int heina the wcst westerly corner of said Lot le
whence corner tin. 3 of the Riverside Placer p.5.M.S. No. 3905 As.
bears N31.13'14"w, 999.13 ft.;
thenc 202.(3 ft. around a curve to the right havina a radius of
268.57 ft.(1he chord of which bears S53.36'E, 197.30 ft.) &Iona
the Southwe4zterly side of Block 17,
thence 31.88 it. P,lono a curve to the left having a radius of 340.37ft..
:+lone the !-uthwesterly side of said Block 17 to a point midway of the
gouthwcsterly line of Lot 17( the chord of which h•Aars S34.44'E,
31.87 ft.),
thence N45138'30"F, 100.08 ft. to a point midway on the Northeasterly
line of Lot 17:
thence N52.47'30"E, 1S.00 ft, to a point on the Se,uthwesterly line of
Lot 7 of salC Pluck 17;
ther.ce 142.76 't. around a carve to the left having a radius of 309.94
ft. alon.; t1:1• S-Ahwcsterly :ine of Lot 7,9, and 9 of said Block 17
(the chord cJ which hears S50.24'15"r, 141.51 ft.);
thence N88`20't0"F., 15.00 ft• to the centerline of a street adjacent to
said Lot 9;
1henre N1°39'30"F., 144.13 ft. hlcng said centerline to the intersection
with the -enterline „f Circuit l►ve.;
thence 79.06 ft, around a curve to the riqht havina a radius of 194.62
ft. alona the 1•cnterlive of Cii --,it Ave. (the ch.lyd of which bears
43.3.59'36"W, 78.46 ft.);
thence 290.51 `t. alone a -urve to the left having a radius of 293.57 ft..
alona the c,nterline of Circuit lve. to the intersection with the Eesterly,
right-of-wa-, line of Midland Ave. (the chord of which bear• NSs•04'2e91,,
278.80 ft.);
thence 265.39 ft. along a curve to the left having a radius of 844.02 ft.
along the Easterly line of Midland Ave, to the point of beginninq(the
chord of 32'iich bears S27.39'16'K, 264.29 ft.).
have by these presents laid out and platted part of the same into Lot! lei
3 and 4 as. shown on this plat und.+.r the name and style of Ferguson
Exemption.
t
Executed this i day of A.D., itlel.
I,rf/ A ALTO CORPQMT
NOTE: BY:
LAR FJ . P1laEIDE"
Developf-rent of slope
over 301 is prohibited ATTEST:
without approval from --- - -- — ,SECRETARY
the Roard of County
Commissioners.
N-TARY PIiHLIC CERTIFICATE
Pursuant to Resolution
8o-1 dAvelopersent of
property as shown on ,TAIL? OF ,-r'1'1PAD0 1
for --nt more than fo,.,, A
loU,.
':HE ,FOREGOAtJG INSTRUMENT WAS ACKhIOWLRIk;F:D Nt:FURF. KF TTFIS
DAY Qi - _ _. 19e1, B♦ LARRY F. FF:R(.USON.
WITNESS MY AND AND (WFICIAL SEAL- '
NY COMMISSION F:XPIRF.S: 141_L/`"to
Lets 1,2, an9 3 are a '
:,
,
4.
repiat of Lotr 1 through &
9, Block 17, Fiversidef4 0.
Addition. Lot 4 is a NOTY uB.I f^
rqplat of Lots 10 through r„
16 and the Northwest
1/2 of Lot 17, Block DEDICATION OF RIGHTS OF WAY FOR UTILITY PUNNOssS ',1• 1,f z'
0, Riverside Addition. - - — ---- r
UNLESS OTHERWISE SPECIFIED, ALL UTILITY EASRM02 !, AS En" °
PUBLIC AND PRIVATE RIGHTS -OF -WAY, AND ACCESS EASEIMM, 14WM EMM-
ON, ARE DEDICATED TO T,IE PERPETt-AL USE OF ALL VrIUVT C1t11E7"ItU• AM
OWNERS OF LOTS CREATED HEREBY, FOR THE PUWMg Or INST�Li.tR�,�
TING, REPLACING, REPAIRING, AND MAINTAINIIIC, tAlIn vtltt, ""
kMD DRAINAGE FACILITIES, INCLUDING ( BUT NOT LIMITED TO 9ftM,
SEWER, ELECTRIC, GAS, TELFPHONB AND TELEVISION LIMESI 1OI+i•l W EIIT'M
THE RIGHT OF INGRESS AND EGRESS F'OR SUCH INSTALLATIOW, C»gpVC Opot
REPLACEMENT, REPAIR AND MAINTFOINCE, AS YELL AS TIIE RIGEW to IUM
INTERFERING TREES AND BRUSH. TV NO EVENT SHALL II= UTIL21'1< OOIMApIRS
EXERCISE THE RIGHTS !fERF.IN CRAa41FD SO AS TD TNTEEE7M MITI TOR use
OF THE. RIGHT-OF-WAY POP ROADWAY PURPOFES EXCEPT TO THE EI'FEII! REAB011-
ARLY NECESSARY TO ENJOY THP ,PANT 14EPEDY MAIM.
BOARD OF COUNTY CcIhWISS10_N_E_R_S_ y
APP vAL AND DF�ICATI
`'HIS PLAT OF' THE FP.RGUSOM SUBDIVISI,TN EXEMPTION HAS BERM
REVIEWED AND APPROVED BY THE ➢ITKI4 COUNTY BOARD OF COMMISSIONERS
THIS _ _ DAY OF _ 1991, AND THE DEDICATION
OF ROADS f ACCEPTED SUBJIgF-T5-TRE f$NDITInNS THAT PITRIN COUM'rY
SHALL UNDFRTAKF MAINTENANCE OF SUCH ROADS ONLY ArTFR COMS'.'RUCTION
OF SUCH ROADS HAS FEEN COMPLETED IV ACCORDANCE WITH PI1r1KIN COUNTY
SPFCIFICATIGNS AND THE BOARD OF ➢ITKIN COU•2PY COIMISSIONERS HAS
BY A SUB.SEOi.'FNT RESOLUTION AGR►FD TO UNDFRTARF MAINTENANCE OF
SAME. THIS APPROVAL RY THE PITKIN COUNTY Rt?ARD OF COMMISSIONERS
DOES NOT EXTEND TO UTILITIES, WAST DISPOSAL SYSTEMS, OR ANY
SERVICE FACILITIES.
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