HomeMy WebLinkAboutcoa.lu.ec.700 Gibson Ave&709 N Spruce St.A076-02
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DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section
26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights",
of the City of Aspen Municipal Code. This Order allows development of a site specific
development plan pursuant to the provisions of the land use approvals, described herein.
The effective date of this Order shall also be the initiation date of a three-year vested
property right. The vested property right shall expire on the day after the third
anniversary of the effective date of this Order, unless a building permit is approved
pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a
revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of
vested property rights, this Order shall remain in full force and effect, excluding any
growth management allotments granted pursuant to Section 26.470, but shall be subject
to any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
Griffith Property LLC., 709 N. Spruce Street, Aspen, CO 81611
Property Owner's Name, Mailing Address and telephone number
Property Commonly known as 700 Gibson Ave. (Parcel ID #2737-073-00-019)
Legal Description and Street Address of Subject Property
Lot Split Approval to split the parcel into two separate lots.
Written Description of the Site Specific Plan and/or Attachment Describing Plan
City Council Ordinance No. 37, Series of 2002, 11/11/02
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
November 23, 2002
Effective Date of Development Order (Same as date of publication of notice of approval.)
November 24, 2005
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen
Municipal Code.)
Issued this 23rd day of November, 2002, by the City of Aspen Community
Development Director.
~
ie Ann Woods, Community Development Director
-- 2737-073-00-019 A076-02
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COMMUNITY DEVELO:'MENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611"4
(970) 920-5090
City of Aspen
Land Use:
1041
Deposit
1042
Flat Fee
1043
HPC
1046
Zoning and Sign
Referral Fees:
1163 City Engineer
1205 Environmental Health
1190 Housing
Building Fees:
1071
Board of Appeals
1072
Building Permit.
1073
Electrical Permit
1074
Energy Code Review
1075
Mechanical Permit
1076
Plan Check
1077
Plumbing Permit
1078
Reinspection
1079
Aspen Fire
Other Fees:
1006
Copy
1 165
Remo Fee
1302
GIS Maps
1303
GIS Fee
1481
Housing Cash in Lieu
1383
Open Space Cash in Lieu
1383
Park Dedication
1468
Parking Cash in Lieu
Performance Deposit
1268
Public Right-of-way
1 164
School District Land Ded.
TOTAL
ADDRESS/PROJECT:
PHONE:
CHECK#
CASE/PERMIT#: #
OF COPIES:
DATE:
INITIAL:
' �/
DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section
26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights",
of the City of Aspen Municipal Code. This Order allows development of a site specific
development plan pursuant to the provisions of the land use approvals, described herein.
The effective date of this Order shall also be the initiation date of a three-year vested
property right. The vested property right shall expire on the day after the third
anniversary of the effective date of this Order, unless a building permit is approved
pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a
revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of
vested property rights, this Order shall remain in full force and effect, excluding any
growth management allotments granted pursuant to Section 26.470, but shall be subject
to any amendments to the Land Use Code adopted since the effective date of this Order.
This Development Order is associated with the property noted below for the site specific
development plan as described below.
Griffith Property LLC., 709 N. Spruce Street, Aspen, CO 81611
Property Owner's Name, Mailing Address and telephone number
Property Commonly known as 700 Gibson Ave. (Parcel ID #2737-073-00-019)
Legal Description and Street Address of Subject Property
Lot Split Approval to split the parcel into two separate lots.
Written Description of the Site Specific Plan and/or Attachment Describing Plan
City Council Ordinance No. 37, Series of 2002, 11/11/02
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
November 23 2002
Effective Date of Development Order (Same as date of publication of notice of approval.)
November 24, 2005
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration
and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen
Municipal Code.)
Issued this 23`d day of November, 2002, by the City of Aspen Community
Development Director.
Ann Woods, Community Development Director
PARCEL ID:
CASE NAME:
PROD ADDR: 1 700 Gibson Ave.
IFF
9/10/02 # C� CASE NO A076-02
PLNR: L ,v 7
CASE TYP:j Lot Split, GMOS Exemption STEPS:
OWNIAPP:j Griffith Property LLC _ ADR 709 N. Spruce Street C/S/Z: Aspen/CO/81611 PHN: 544-0745
REP: Fn Richman ADR: PO Box 3613 C/S/Z: Aspen/CO/81612 PHN: 920-1125
FEES DUE: 1205 D 180E FEES RCVD: 1385 STAT: I
REFERRALS
REF. BYJ DUE:
MTG DATE REV BODY PH NOTICED
DATE OF FINAL ACTION:
REMARKS CITY COUNCIL:_
PZ:
CLOSED: �� BY: BOA:
DRAC:
PLAT SUBMITD: PLAT (BK,PG):� ADMIN:I
MEMORANDUM
To: Alan Richman, Richman Planning Services
From: James Lindt, PlannerT—�L-
Date: November 14, 2002
Re: Griffith Property Lot Split Plat- Community Development Department
Comments
Please make the following changes to the draft lot split and condominium plat:
1. Amend the plat title as follows: "Griffith Property, LLC Lot Split Subdivision
Exemption and Condominium Plat".
2. Include a purpose statement that says the following: "This plat represents the /
Subdivision Exemption Lot Split approval that was granted pursuant to City
Council Ordinance No. 37, Series of 2002. This plat also condominiumizes the
land within Lot 2, of the Griffith Property, LLC Lot Split".
3. Change City Engineer to Community Development Engineer. V
4. Show lot sizes of Lot 1 and Lot 2. \/
5. Show 20' wide future water services easement that is to be dedicated as a
condition of the lot split approval. �J
6. Include in the surveyor's certi icate that the plat was performed with an error of
closure better than 1:10,000.
7. Include the width of the Lone Pine Road and Gibson Avenue Right -of -Ways.
8. Al property corners of both new lots must be monumented and shown on the plat. Y
9. Please obtain all of the applicable signatures with the exception of the Community
Development Engineer, Community Development Director, and the Pitkin County
Clerk and Recorder prior to submitting two mylar copies of the plat for City
Signature and Recordation.
John Niewoehner, 04:56 Pm . 1/13/2002 -0700, Griffith Lot Split
X-Sender: johnn@comdev
X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.2
Date: Wed, 13 Nov 2002 16.56.55 -0700
To: jamesl@ci.aspen. co. us
From: John Niewoehner <johnn@ci.aspen.co.us>
Subject: Griffith Lot Split
James - - I have only only one comment that perhaps you can add to your memo.
* All property corners of both new lots must be monumented and shown on the plat
That is all.
- - John
John Niewoehner
Community Development Engineer
City of Aspen
130 S. Galena St.
Aspen CO 81611
920-5104
www.aspengov.com
Printed for James Lindt <jamesl@ci.aspen.co.us> 1
Vt ii a....
MEMORANDUM
TO: Mayor and City Council
THRU: Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director
FROM: James Lindt, Planner
RE: 700 Gibson Subdivision Exemption Lot Split — 2"d Reading of Ordinance
No. 37, Series of 2002- Public Hearing
DATE: November 11. 2002
APPLICANT:
Griffith Property, LLC.
REPRESENTATIVE:
Alan Richman, Richman Planning Services
LOCATION:
700 Gibson Ave.
ZONING:
R-6 (Medium -Density Residential)
CURRENT LOT SIZE:
39,620 Square Feet
PROPOSED PARCEL SIZES:
Lot 1= 13,700 SF
Lot 2= 26,363 SF
CURRENT LAND USE:
Vacant Land (Single -Family Residence
demolished in August of 2002)
PROPOSED LAND USE:
Proposed Lot 1-Single-Family Residence
Proposed Lot 2- Two Detached Residences
SUMMARY:
The applicant is requesting a Subdivision
Exemption Lot Split for a parcel to create
Lots 1 and 2 of the Griffith Property Lot
Split located at 700 Gibson Avenue.
Photo Above: Existing parcel looking North
from Gibson Avenue.
Photo Above: Area of proposed access to Lot
1 of the proposed Lot Split off of Walnut
Avenue.
REVIEW PROCEDURE:
Pursuant to Section 26.480.040 (Procedures For Review), a development application for a
subdivision exemption approval shall be reviewed pursuant to the procedures and standards
in this Chapter and the Common Development Review Procedures set forth at Chapter
26.304.
Exempt Subdivisions require a public hearing before City Council with its associated public
notice. The applicant shall respond to the subdivision exemption lot split review standards
pursuant to Section 26.480.050. City Council may approve, approve with conditions, or
disapprove an application for a subdivision exemption lot split via an ordinance.
STAFF COMMENTS:
The applicant, the Griffith Property, LLC, represented by Alan Richman of Richman
Planning Services, requests a Subdivision Exemption Lot Split to divide the parcel located at
700 Gibson Avenue into two (2) separate parcels. The parcel is currently located on the
corner of Gibson Avenue and Lone Pine Road and abuts the Hunter Creek Condominiums to
the north. The property is located in the R-6 (Medium Density Residential) Zone District and
contains approximately 39,620 square feet.
The applicant intends to construct a single-family residence on Lot 1 of the proposed lot split
to replace the demolished residence. On Lot 2 of the proposed lot split, the applicant would
like to construct two (2) detached residences. The current zoning of the land allows for the
construction of two (2) detached single-family residences on Lot 2 because it is proposed to
contain over 9,000 square feet of lot area. In addition, both of the proposed lots contain in
excess of 6,000 square feet which is the minimum size lot in the R-6 Zone District.
Therefore, the proposal would not create any non -conformities.
GMQS EXEMPTIONS:
The applicant intends to land a Transferable Development Right (TDR) to obtain a
development right on Lot 1. The above -mentioned TDR was created in the mid 1980's as
part of the approvals for the Smuggler Mobile Home Park. In approving the Smuggler
Mobile Home Park, nineteen (19) freely transferable development rights were created that
represented exemptions from the Growth Management Quota System. The City Attorney
believes that the Transferable Development Right presented and held by the applicant is
probably authentic and can be used to obtain a GMQS Exemption for one development right.
On Lot 2 of the proposed lot split, the applicant proposes to either build an ADU or pay a
cash -in -lieu fee to obtain two (2) GMQS Exemptions to construct the proposed two (2)
detached free market residential dwellings pursuant to Land Use Code Section
26.470.070(B). Land Use Code Section 26.470.070(B), Growth Management Quota System
Exemptions allows for the applicant to develop a duplex or two residential units on a lot of
record, which serves as a replacement for the development rights that exist on the fathering
parcel. To obtain the two (2) GMQS Exemptions, the applicant shall provide one of the
following affordable housing mitigation options:
2
1) Provide one (1) free market dwelling unit and one (1) deed restricted, Resident -
Occupied (RO) dwelling unit with a minimum floor area of one thousand five
hundred (1,500) square feet; or,
2) Provide either two (2) above grade, detached Accessory Dwelling Units of a
minimum of three hundred (300) net livable square feet or one (1) Accessory
Dwelling unit with a minimum floor area of six hundred (600) net livable
square feet pursuant to Chapter 26.520; or,
3) Provide an off -site Affordable Housing Unit within the Aspen Infill Area
accepted by the Aspen/Pitkin County Housing Authority and deed restricted in
accordance with the Aspen/Pitkin County Housing Authority Guidelines, as
amended; or,
4) Provide two (2) deed restricted Resident -Occupied (RO) dwelling units on -site;
or,
5) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended.
ISSUES:
Access:
The applicant is requesting to access the proposed Lot 1 from Walnut Avenue which is
located to the east of the existing property. In 1993, a portion of Walnut Avenue was vacated
and conveyed to the owner of the Griffith Property in return for conveying a piece of land on
the western portion of the property to the City of Aspen for the construction of the Smuggler
Area Commuter Sidewalk. Therefore, the subject parcel abuts Walnut Avenue to the west
and has legal access to the proposed Lot 1 from Walnut Avenue. Staff is proposing to
require the applicant to vacate and completely fill in the curb cut that currently exists off of
Gibson Avenue.
Lot 2 is proposed to be accessed from Lone Pine Road. The applicant is proposing to use a
shared driveway for the two residential units that are proposed on Lot 2. Staff feels that the
applicant has appropriately avoided accessing the property from Gibson Avenue, which is
clearly the busiest right-of-way that abuts the property. In addition, the City Engineering
Department has reviewed the proposed driveway locations and feels that they are positioned
appropriately.
Neighboring Property Owner Concerns:
The applicant has proposed to meet the underlying R-6 Zone District's setback requirements
with the proposed residences. Several of the neighbors have expressed concerns that the R-
6 Zone District's front yard setback requirements of ten (10) feet will allow for the proposed
residences to be located too close to Lone Pine Road (please letters attached as Exhibit "E").
The neighbors feel that the residences that could be setback only ten (10) feet from Lone
Pine Road would not be compatible with character of the other structures that abut Lone
Pine Road because the other structures are setback by more than ten (10) feet. The
neighbors have requested that the applicants be required to designate building envelopes or
3
required setbacks on the plat that are significantly setback from Lone Pine Road prior to
gaining lot split approval.
The neighbors have noted that almost all of the other structures on Lone Pine Road are
setback from the street by approximately thirty (30) feet or more. Staff does not feel that it
is appropriate to establish building envelopes or a more stringent setback requirement from
Lone Pine Road on either of the proposed lots because there are no lot split review criteria
that require the proposal to be compatible with the character of the surrounding structures.
Therefore, staff does not believe that it is within our authority to propose a condition of this
nature. Furthermore, the property line that abuts Lone Pine Road is approximately eight(8)
to ten (10) feet from the edge of pavement. When that ten (10) feet of public right-of-way is
combined with the required R-6 Zone District's required front yard setback of ten (10) feet
from the property line, a setback of twenty (20) feet from the edge of pavement is
established. A twenty (20) foot setback from the edge of pavement is within approximately
ten (10) feet of the distance in which the other structures that abut Lone Pine Road are
setback from the street.
Additionally, because the residential design standards require that the proposed residences
be oriented towards the street with the longest block length (Lone Pine Road); staff feels
that it would be inappropriate to set the residences much further back than twenty (20) feet
from the roadway that they are required to be oriented towards. The majority of the other
structures that abut Lone Pine Road are not oriented towards Lone Pine Road. Staff
believes that the R-6 Zone District's front yard setback requirement of ten (10) feet is
appropriate for the proposed lots.
A neighbor has also expressed a concern about the required setback of the proposed
residence on Lot # 1 from Gibson Avenue. The neighbor expressing this concern felt that
the R-6 Zone District's setback requirements allowed for the possibility that the residence to
be constructed on Lot # 1 would impact the intersection of Gibson Avenue and Lone Pine
Road and cause safety concerns. The Planning Staff reviewed this specific concern and
calculated a vision triangle to determine if the intersection would be impacted by
implementing the R-6 Zone District's setbacks on Lot # 1. Staff calculated a vision triangle
to determine the intersection's line -of -sight based on the Engineering Department's Interim
Design and Construction Standards (please see applicable section attached as Exhibit "F").
Staff concluded from performing this exercise, that the intersection would not be impacted
even if the applicant were allowed to build to the lot line of Gibson Avenue.
Referral Comments:
The Planning Staff has referred the proposed lot split to all of the referral agencies that we
thought might have concerns or interest in the proposal. The City Water Department
requested that the applicant grant the City a twenty (20) foot wide future services water line
easement to straddle the proposed property line that splits the two lots. In exchange for the
granting of the aforementioned easement, the City will vacate the right-of-way instrument for
pipes and mains that was recorded in 1885 as is described in item No. 10 of the title
commitment that is included in the application. This right-of-way instrument basically
granted a general undefined services easement over the entire area that was once known as
Smuggler Ranch.
In addition, the City Engineering Department is requiring that the applicant install curb and
gutter along Gibson Avenue from the corner of Gibson Avenue and Lone Pine Road, where
the existing curb ends to the northernmost property line of the proposed Lot 2 (please see
map attached as Exhibit D). The Planning Staff believes that the sidewalk, curb, and gutter
installation request by the City Engineering Department is appropriate in that the subject
parcel is located within the area that has been designated for the installation of sidewalk,
curb, and gutter by the City of Aspen's Master Plan for Sidewalk, Curb, and Gutter that was
adopted by City Council. The City Engineer's requests are proposed in condition of approval
No. 6.
Ordinance Amendments for Second Reading
Staff was recently made aware that the subject parcel is located within the former "Smuggler
Mine Superfund Site" boundaries and may contain soils that are contaminated with mine
waste materials with high concentrations of lead and cadium. The Smuggler Mine Superfund
Site has been de -listed by the Environmental Protection Agency, but the local institutional
controls that were established by City Council Ordinance No. 25, Series of 1994 remain in
full effect for excavation and development activities on properties that exist within the
boundaries of the original superfund site. Therefore, the City of Aspen Environmental
Health Department has requested that any disturbed soils be removed from the site and
transported to the Pitkin County Landfill when Lots 1 and 2 of the Griffith Lot Split are
developed. The Environmental Health Department's concerns have been mitigated by the
addition of that last four conditions of approval (conditions numbered 11 thru 14).
Therefore, the Planning Staff believes that the proposed conditions will reinforce the
mitigation measures needed to guarantee the health and safety of the neighboring residents
and on -site workers during the development of Lots 1 and 2 of the Griffith Property Lot
Split.
STAFF ANALYSIS SUMMARY:
Staff feels that the proposed lot split is consistent with the review criteria as is set forth in
Land Use Code Section 26.480.030(A)(2), Lot Splits. Furthermore, staff believes that the
proposed conditions are needed to insure the proposal's compliance with the City of Aspen's
Master Plan for Sidewalk, Curb, and Gutter installation. In addition, staff believes that the
proposed lots will not create any non -conformities in relation to the R-6 Zone District's
requirements for minimum lot size.
RECOMMENDATION:
Staff recommends City Council approve the proposed Subdivision Exemption Lot Split for
Lots 1 and 2 of the Griffith Lot Split located at 700 Gibson Avenue, City of Aspen, Pitkin
County, Colorado with the conditions stated in the ordinance.
5
RECOMMENDED MOTION: (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Ordinance No. 37, Series 2002 of the Aspen City Council, approving a
Subdivision Exemption for a Lot Split to create Lot 1 and Lot 2 of the property to be known
and dedicated as the Griffith Property, LLC Lot Split located at 700 Gibson Avenue, City of
Aspen, Pitkin County, Colorado with the conditions set forth in the ordinance."
CITY MANAGER'S COMMENTS:
ATTACHMENTS:
EXHIBIT A -- REVIEW CRITERIA & STAFF FINDINGS
EXHIBIT B -- REFERRAL COMMENTS
EXHIBIT C -- SIDEWALK, CURB, AND GUTTER MAP
EXHIBIT D -- CITY COUNCIL ORDINANCE NO.25, SERIES OF 1994- INSTITUTIONAL
CONTROLS FOR SMUGGLER MINE SUPERFUND SITE
EXHIBIT E -- LETTERS OF CONCERN FROM NEIGHBORS
EXHIBIT F -- ENGINEERING'S INTERIM DESIGN STANDARDS- SIGHT RESTRICTIONS
R
ORDINANCE No. 37
(SERIES OF 2002)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION
EXEMPTION LOT SPLIT FOR LOTS 1 AND 2 OF THE PROPERTY TO BE KNOWN
AND DEDICATED AS THE GRIFFITH PROPERTY LLC LOT SPLIT LOCATED AT 700
GIBSON AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2737-073-00-019
WHEREAS, the Community Development Department received an application from the
Griffith Property LLC, applicant, represented by Alan Richman of Richman Planning Services
for a Subdivision Exemption Lot Split of a metes and bounds parcel to be known as Lot 1 and
Lot 2 of the Griffith Property Lot Split located at 700 Gibson Avenue, City of Aspen, Pitkin
County; and
WHEREAS, pursuant to Sections 26.480.040(B), the Aspen City Council, in accordance
with the procedures, standards, and limitations of this Chapter, shall by ordinance approve,
approve with conditions, or disapprove a development application for a Subdivision Exemption
Lot Split, after recommendation by the Community Development Department, pursuant to
Section 26.480.040(B); and,
WHEREAS, the Community Development Department reviewed the application for a
Subdivision Exemption Lot Split for the property to be described as Lots 1 and 2 of the Griffith
Property LLC Lot Split located at 700 Gibson Avenue, City of Aspen, Pitkin County, Colorado
and recommended approval; and,
WHEREAS, the Fire Marshall, Aspen Consolidated Sanitation District, the City Water
Department, the City Engineering Department, the City Parks Department, the City Electric
Department, and Holy Cross Electric have reviewed the application and provided referral
comments; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed
and considered the recommendation of the Community Development Director, the applicable
referral agencies, and has taken and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds all
applicable development standards and that the approval of the development proposal, with
conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Subdivision Exemption Lot Split for Lots 1 and 2 of the property to be known and described as
Lots 1 and 2 of the Griffith Property LLC Lot Split located at 700 Gibson Avenue, City of Aspen,
Pitkin County, is approved with the following conditions:
The applicant shall submit and record a subdivision exemption plat which
meets the terms of Chapter 26.480, and conforms to the requirements of the
Land Use Code, in the office of the Pitkin County Clerk and Recorder no later
than 180 days after approval of this ordinance. The plat shall also include the
lot sizes of both Lot 1 and Lot 2, of the Griffith Property, LLC Lot Split.
Furthermore, the proposed Lot Split Plat shall clearly label the proposed lot
line that separates Lot 1 from Lot 2 and show all easements of record.
2. The applicant shall submit and record a subdivision exemption agreement
which meets the terms of Chapter 26.480.030, and conforms to the
requirements of the Land Use Code, in the office of the Pitkin County Clerk
and Recorder no later than 180 days after approval of this ordinance.
3. The Lot Split Plat shall exhibit two lots in conformance with the R-6 Zone
District and shall include the following plat notes:
a. Upon redevelopment, all structures on these two lots shall comply with
the R-6 Zone District provisions.
b. The developer of Lot 2 shall be deemed exempt from GMQS to
develop one or two detached residential units or a duplex by
complying with the standards of Section 26.470.070(B), as amended
from time to time.
c. The developer of Lot 1 shall be exempt from the Growth Management
Quota System by virtue of extinguishing a Transferable Development
Right that is acceptable to the City Attorney.
d. No further subdivision may be granted for these lots nor will any
additional units be built without receipt of applicable approvals.
4. Both lots shall comply with the applicable development regulations prior to
applying for building permits, including those regulations related to
Residential Design Standards, Accessory Dwelling Units, and GMQS
Exemptions.
5. The applicant shall obtain a tree removal permit prior to removing any trees
from the site in which a tree removal permit is required pursuant to Section 11
of the City of Aspen Municipal Code. Any tree to remain on -site during the
development of Lots 1 and 2 shall have it's drip line fenced off prior to, and
throughout construction.
6. The applicant shall install curb and gutter to link the existing curb and gutter
along Lone Pine Road with the existing curb and gutter on the corner of
Gibson Avenue and Lone Pine Road (see Exhibit "D" for map) prior to
requesting final building inspections for any of the dwelling units on the
subject parcels. In addition, a sidewalk that meets the City Engineer's
standards shall be installed along Lone Pine Road from the end of the existing
sidewalk on the corner of Gibson Avenue to the northernmost property line of
Lot 2 (see Exhibit D for map) prior to requesting final building inspections for
any of the dwelling units on the subject parcels. The applicant shall also sign
a curb, gutter, and sidewalk agreement prior to recording the lot split plat.
Furthermore, the applicant shall vacate and fill in the curb cut that exists on
Gibson Avenue to the satisfaction of the City Engineer.
7. The applicant shall install a fire sprinkler system that meets the requirements
of the Fire Marshall in any of the proposed residences that exceed 5,000
square feet in size.
8. The applicant shall grant a twenty (20) foot wide easement for future water
service to the City of Aspen in exchange for the City vacating the Right -of -
Way Easement for Pipes and Mains that is recorded at the Pitkin County Clerk
and Recorders Office in Book 24 at Page 59. The future water service
easement shall straddle the proposed property line that splits Lot 1 from Lot 2
of the Griffith Property, LLC Lot Split. The future water service easement
shall be shown on the final lot split plat.
9. Vehicular access to Lots 1 and 2 shall meet the Fire Marshall's requirements.
10. The applicant shall comply with the Aspen Sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter drains)
shall be allowed. All sanitation -related improvements below grade shall
require the use of a pumping station.
11. The applicant shall comply with Ordinance No. 25, Series of 1994 regarding
the handling of any contaminated soils within the former Smuggler Superfund
Site prior to any excavation on and/or prior to the application for building
permits on both lots. All contaminated soils that are removed from the site
shall be transported to the Pitkin County Landfill and disposed of at the
Smuggler repository. All soils on Lots 1 and 2 shall be considered
contaminated unless determined otherwise through testing that adheres to the
protocols that were established by the Environmental Protection Agency
pursuant to Ordinance No. 25, Series of 1994. Any disturbed soil or material
that is to be temporarily stored above ground or remain on site shall be
securely contained on and covered with a non -permeable tarp or other
protected barrier approved by the Environmental Health Department so as to
prevent leaching of contaminated material onto or into the surface soil and to
prevent windblown dust from disturbed dirt.
12. The applicant shall submit a dust suppression plan for approval by the City
Environmental Health Department prior to any activity or development
occurring on the site. All activity or development shall be accompanied by
dust suppression measures such as the application of water or other soil
surfactant to minimize the creation and release of dust and other particulates
into the air. No dirt may be tracked onto paved roads without being
immediately removed.
13. The owner and general contractor of any development on Lots 1 and 2 of the
Griffith Property Lot Split shall submit a letter to the City of Aspen
Environmental Health Department stating that they have read, understood, and
will comply with the regulations for handling contaminated soils within the
former Smuggler Superfund Site as set forth in Ordinance No. 25, Series of
1994 prior to any excavation and/or issuance of building permits for the
property.
14. The owner shall complete the Soil Removal Permit and Affidavit for
excavation prior to any excavation or disturbance of dirt and prior to any
issuance of building permits for the properties.
Section 2
Upon application for building permit for Lot 1, the applicant shall provide to the City Zoning
Officer a recorded document that describes the referenced Transferable Development Right,
owned by the applicant and identified in the Pitkin County records as reception no. 464389, as
extinguished and void. Extinguishment of said TDR shall fully exempt the development of one
single-family residence from the requirements of growth management, including those related to
affordable housing or cash -in -lieu thereof.
Section 3•
All material representations and commitments made by the applicant pursuant to the development
proposal approvals as herein awarded, whether in public hearing or documentation presented before
the City Council, are hereby incorporated in such plan development approvals and the same shall be
complied with as if fully set forth herein, unless amended by an authorized entity.
Section 4:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 5:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on this 28th day of October, 2002.
Attest:
Kathryn S. Koch, City Clerk
Helen Kalin Klanderud, Mayor
FINALLY, adopted, passed and approved this 11 th day of November, 2002.
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John Worcester, City Attorney
Helen Kalin Klanderud, Mayor
EXHIBIT A
SUBDIVISION EXEMPTION LOT SPLIT
REVIEW CRITERIA & STAFF FINDINGS
The split of a lot for the purpose of the development of one detached single-family dwelling
on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the
following criteria are met:
a. The land is not located in a subdivision approved by either the Pitkin
County Board of County Commissioners or the City Council, or the land is
described as a metes and bounds parcel which has not been subdivided after the
adoption of subdivision regulations by the City of Aspen on March 24, 1969.
Staff Finding
The subject parcel (Lots 1 and 2) of a property to be known and dedicated as the Griffith
Property LLC Lot Split is not located in a subdivision approved by the Pitkin County Board
of County Commissioners or the Aspen City Council and the parcel has not been subdivided
after the adoption of subdivision regulations by the City of Aspen on March 24, 1969. The
parcel is a metes and bounds parcel and has not been previously subdivided. Staff finds this
criterion to be met.
b. No more than two (2) lots are created by the lot split, both lots conform to
the requirements of the underlying zone district. Any lot for which development is
proposed will mitigate for affordable housing pursuant to Section
26.100.050(A)(2)(c).
Staff Finding
There will be no more than two lots created by this lot split, Lots 1 and 2 of the Griffith
Property LLC Lot Split. Both of the proposed lots are currently vacant and contain at least
6,000 square feet as is required as the minimum lot size by the R-6 (Medium -Density
Residential) Zone District. Because both of the proposed lots are vacant, approving a lot
split will not create any non -conformity in regards to the allowed dimensional requirements.
The applicant proposes to develop both lots; Lot 1 will contain a single-family residence and
Lot 2 will contain two detached residential dwelling units. At the time that the two detached
dwelling units are proposed to be constructed, the applicant shall be required to obtain two
(2) GMQS Exemptions by either proving an ADU of at least six hundred (600) square feet,
providing two (2) ADUs of at least 300 square feet, by deed restricting one of the residential
dwellings as a resident -occupied unit, or by paying the affordable housing impact fee
pursuant to the housing guidelines.
On Lot 1, the applicant proposes to land a TDR to construct the proposed single-family
residence. The TDR was created as part of the development of the Smuggler Mobile Home
Park. The City Attorney has reviewed the TDR and believes that it is valid. Therefore, a
7
GMQS exemption is not required to develop Lot 1 with a single-family residence. Staff
finds this criterion to be met.
C. The lot under consideration, or any part thereof, was not previously the
subject of a subdivision exemption under the provisions of this Chapter or a "lot
split" exemption pursuant to Section 26.470.040 (C)(1)(a).
Staff Finding
Staff finds that the subject lot has not previously been subject to a subdivision exemption or
lot split. Staff finds this criterion to be met.
d. A subdivision plat which meets the terms of this Chapter, and conforms to
the requirements of this Title, is submitted and recorded in the office of the Pitkin
County Clerk and Recorder after approval, indicating that no further subdivision
may be granted for these lots nor will additional units be built without receipt of
applicable approvals pursuant to this Chapter and growth management allocation
pursuant to Chapter 26.470.
Staff Finding
No further subdivision will be granted for Lots 1 and 2 and no additional units will be built
without receipt of applicable approvals pursuant to this Chapter and growth management
allocation pursuant to Chapter 26.470. The required subdivision plat with a note allowing no
further subdivision of the newly created lots, as approved by City Council will be submitted
by the applicant and recorded in the office of the Pitkin County Clerk and Recorder. Staff
finds this criterion to be met.
e. The subdivision exemption agreement and plat shall be recorded in the
office of the Pitkin County Clerk and Recorder. Failure on the part of the
applicant to record the plat within one hundred eighty (180) days following
approval by the City Council shall render the plat invalid and reconsideration of
the plat by the City Council will be required for a showing of good cause.
Staff Finding
The applicant shall record the required subdivision exemption plat and agreement within
one hundred and eighty (180) days of approval by the City Council. In addition, the
applicant shall submit a letter to the City Environmental Health Department that indicates
that Ordinance No. 25, Series of 1994 regarding the removal and disturbance of soils
containing mine waste material has been read by the owner and contractor developing the
site and will be complied with. Staff finds this criterion to be met.
E In the case where an existing single-family dwelling occupies a site which
is eligible for a lot split, the dwelling need not be demolished prior to application
for a lot split.
8
Staff Finding
No single-family residence exists on the property currently. The single-family residence
that existed on the site has already been demolished. However, the residence that previously
existed did not cross the proposed property line. Therefore, Staff does not believe that the
residence that was demolished was done so for the purpose of completing the proposed lot
split. Staff finds this criterion to be met.
g. Maximum potential buildout for the two (2) parcels created by a lot split
shall not exceed three (3) units, which may be composed of a duplex and a single-
family home.
Staff Finding
Upon approval of this Subdivision Exemption Lot Split, the applicant proposes to construct
a single-family dwelling on Lot 1 and two detached dwelling units on Lot 2 which will
result in the maximum allowable build -out potential for the two lots. Based on a Land Use
Code interpretation approved by the Community Development Director in 1998, two
detached residential dwelling units may be developed on one lot and an additional single-
family dwelling unit may be developed on another lot that is created through a lot split if the
underlying zone district allows for two detached dwelling units as a permitted use.
Therefore, the applicant is not limited to developing a duplex and a single-family residence
as is implied by the criterion. Staff finds this criterion to be met.
0
ORDINANCE NO. 2
(Series of 1994)
AN ORDINANCE AMENDING ARTICLE V OF CHAPTER 7 OF THE ASPEN MUNICI-
PAL CODE OF THE CITY OF ASPEN, COLORADO, RELATING TO THE MUNICI-
PAL BUILDING CODE BY ADDING REGULATIONS AND PERMITTING PROCEDURES
FOR EXCAVATIONS AND DEVELOPMENT IN THE SMUGGLER MOUNTAIN SUPER -
FUND SITE.
WHEREAS, the United States Environmental Protection Agency
("EPA") has identified and designated an area within the munici-
pal limits of the City of Aspen known as the Smuggler Mountain
Superfund Site ("Site") as being contaminated with mining wastes
containing high concentrations of lead and cadmium and has
consequently placed such Site on the EPA's National Priorities
List for cleanup and remediation under the Comprehensive
Environmental Response, Compensation, and Liability Act, 42
U.S.C. Section 9601, et seq.; and
WHEREAS, the currently defined Smuggler Mountain Superfund
Site is approximately ninety (90) percent developed as a residen-
tial area and includes two large condominium complexes, several.
smaller condominium developments and approximately 160 individual
homes; and
WHEREAS, the EPA has determined that the concentrations of
lead and cadmium on the Site pose a potential health risk to
humans, especially small children and pregnant women; and
WHEREAS, on or about June 25, 1985, the Environmental
Protection Agency issued an Administrative Order, Docket No.
CERCLA VIII-65-05, pursuant to the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, directing that
certain parties and persons refrain and be prohibited from
moving, treating, sampling, or disturbing any soil in excess of
one cubic yard within the Site absent advance notice to and
permission of the EPA, and further requiring such persons to
provide information identifying the nature of the material to be
moved or disturbed, the plans for handling, storing or removing
such materials, and any proposed or planned storage site for
same; and
WHEREAS, in order to implement and ensure compliance with
its Administrative Order Docket No. CERCLA VIII-85-05, the EPA
has become involved in the review, issuance and monitoring of
excavation and building permits for routine construction activi-
ties within the Site associated with home construction and
remodeling; and
WHEREAS, the review and issuance of excavation and building
permits for construction activities within the Site can be and
should be administered cooperatively between the City of Aspen
and EPA at the local level given adequate and appropriate stan-
dards and regulations applicable thereto; and
WHEREAS, the EPA has advised the City that the demand upon
its personnel and resources in the review and issuance of local
excavation and building permits is burdensome, results in ineffi-
ciencies and time delays, and is unnecessary in the face of the
City's willingness and expertise to undertake the permitting
process at the local level; and
2
WHEREAS, the EPA has consulted with the City of Aspen in
regard to the review, issuance and monitoring of excavation and
building permits within the Site; and
WHEREAS, the implementation and enforcement of institutional
controls by the City of Aspen regulating excavation and building
activities within the Site could minimize the disturbance, trans-
fer, inhalation, and ingestion of contaminated soils, thus,
lessening the risks posed by the Site to the public health and
safety; and
WHEREAS, the Environmental Protection Agency and the City of
Aspen have conferred and agreed that the adoption and enforcement
of this ordinance will provide the appropriate mechanism by which
the review and permitting of excavation and building activities
within the Site can be efficiently and appropriately carried out
at the local level; and
WHEREAS, the City of Aspen would not engage in or attempt to
assume regulatory authority over matters reserved to the EPA by
and through Federal law, regulation or order absent the request
and advice of the EPA; and
WHEREAS, the City Council has determined that this ordinance
is necessary to further the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, AS FOLLOWS:
Section 1
91
That the Municipal Code of the City of Aspen, Colorado, is
hereby amended by adding new Section 7-143, "SPECIAL REGULATIONS
- SMUGGLER MOUNTAIN SUPERFUND SITE", to Article V of Chapter 7,
which section shall read as follows:
SECTION 7-143. SPECIAL REGULATIONS - SMUGGLER MOUNTAIN
SUPERFUND SITE.
(1) APPLICABILITY.
(a) These regulations shall apply to and govern any
development or other activity which may cause or
contribute to the movement or disturbance of con-
taminated soil or other solid waste within the
boundaries of the Smuggler Mountain Superfund Site
as those boundaries are identified and designated
by the United States Environmental Protection
Agency. An official map prepared by the Environ-
mental Protection Agency depicting the current
boundaries of the Site shall be maintained in the
office of the Chief Building Inspector for the
City of Aspen. Additional maps of the Site shall
be maintained in the offices of the City Clerk,
City Engineer, the Aspen/Pitkin Planning Office
and the Aspen/Pitkin Environmental Health Depart-
ment. All maps shall be available to the public
during regular business hours.
(b) The standards and regulations as contained in this
section may be amended from time to time so as to
address changes at the Site and/or the federal
laws and regulations applicable thereto.
(c) Nothing contained in this section is intended or
shall be construed to supersede or limit the legal
power and authority vested in the Environmental
Protection Agency under the Comprehensive Environ-
mental Response, Compensation, and Liability Act,
42 U.S.C. Section 9601, et sea., or any other
Federal law, rule or regulation.
(2) DEFINITIONS. As used in this Section, the following
terms shall have the meaning specified unless the
context requires otherwise:
(a) "Activity" means any action occurring on, above or
below the surface of the ground within the boun-
4
daries of the Site which results or may result in
a disturbance of one (1) cubic yard of soil within
the Site.
(b) "CERCLA" means the Comprehensive Environmental
Response, Compensation, and Liability Act, 42
U.S.C. Section 9601, et sea., as amended.
(c) "Contaminated soil or material" means soil or
material containing lead concentrations of 1000
parts per million (ppm) or greater.
(d) "Development" means any construction or man-made
change in the use or character of land including,
but not limited to, building, grading, excavating,
digging, paving, drilling, planting or landscap-
ing.
(e) "Director" means the Chief Building Inspector of
the Aspen/Pitkin Regional Building Department.
(f) "EPA" means the United States Environmental Pro-
tection Agency.
(g) "Hard surface cover" means a non -permeable or
semi -permeable barrier overlaying the ground sur-
face such as paving, asphalt, concrete, stone or
wood, and including buildings and other permanent
structures.
(h) "Person" means an individual, partnership, cor-
poration, association, company, landowner, tenant,
occupant, contractor, subcontractor or any public
body or political subdivision.
(i) "Site" means those areas within the City of Aspen
that are within the boundaries of the Smuggler
Mountain Superfund Site as designated by the Unit-
ed States Environmental Protection Agency (EPA)
pursuant to the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act, 42 U.S.C.
Section 9601, et seq., as amended, and as depicted
on the official map maintained by the Aspen/Pitkin
Regional Building Department and signed by an
official of the EPA.
(j) "Solid waste" means contaminated soil or other
material disturbed as the result of excavation or
construction within the Site.
5
(k) "Vegetative cover" means plant life, including but
not limited to grass, trees, shrubs, vines and
sod, planted or installed in such a manner so as
to prevent or minimize the exposure of ground
soil.
(3) PROHIBITED ACTIVITY -- EXCEPTION FOR UNITED STATES
GOVERNMENT. No person shall undertake or conduct or
cause to undertake or conduct any activity or develop-
ment within the Site without first complying with the
procedures and performance standards as provided in
this section, except that, in accordance with Section
9621(e) of Title 42 of the United States Code, nothing
contained in this section shall require or be construed
to require the obtaining of a permit by any agency,
employee or contractor of the United States for activi-
ties conducted entirely within the Smuggler Mountain
Superfund Site carried out in compliance with the
provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act, 42 U.S.C. Section
9601, et sea.
(4) PERMITS REQUIRED. No person shall undertake or conduct
any activities or development within the Site involving
the excavation or exposure of more than one (1) cubic
yard of soil without first obtaining a permit from the
Director. Activities or development involving excava-
tion of less than one (1) cubic yard of soil shall not
require a permit, but shall be subject to the require-
ments as set forth in subsection (6) of this Section 7-
143.
(5) PERMIT PROCEDURES.
(a) Application. All permits shall be applied for on
forms provided by the Director. A fee shall be
assessed in accordance with the building permit
fee schedule as adopted in Chapter 7 of the Munic-
ipal Code. Each applicant for a permit shall, at
a minimum, provide the following information:
(i) The location and nature of the proposed ac-
tivity or development.
(ii) The depth of any proposed excavation and
volume of soil or material to be excavated or
disturbed.
(iii) The dimensions of all surface areas to be
disturbed.
2
(iv) The volume of soil or other material to be
backfilled on site.
(v) The volume of soil or other material proposed
to be disposed of off the excavation site.
(vi) The identification of any facility outside
the Site to which contaminated soil or other
solid waste are to be transported for storage
or disposal.
(vii) The duration of any exposure of soil or mate-
rial excavated.
(viii) The applicant's plans for identification and
segregation of clean fill or material from
contaminated soil and material during the
period of activity or development.
(ix) The applicant's plans for backfilling con-
taminated soil or material.
(x) The applicant's plans for insuring compliance
with the performance standards as set forth
in subsection (6) of this Section 7-143.
(xi) Such additional information as determined by
the Director or the Aspen/Pitkin-Environmen-
tal Health Department to be reasonable and
necessary to evaluate the safety and
appropriateness of the proposed activity or
development.
(b) No permit shall be issued without it first having
been reviewed and approved by the Aspen/Pitkin
Environmental Health Department utilizing the
performance standards as set forth in subsection
(6) below.
(6) PERFORMANCE STANDARDS. The following performance
standards shall be adhered to and applied to all activ-
ity or development within the Site.
(a) Excavation and construction. Any disturbed soil
or material that is to be stored above ground
shall be securely contained on and covered with a
durable non -permeable tarp or other protective
barrier approved by the Aspen/Pitkin Environmental
Health Department so as to prevent the leaching of
contaminated material onto or into the surface
7
soil. Disturbed soil or material need not be re-
moved if the Aspen/Pitkin Environmental Health
Department finds that: (1) the excavated material
contains less than 1,000 parts per million (ppm)
of total lead, or (2) that there exists a satis-
factory method of disposal at the excavation site.
Disturbed soil and solid waste may be disposed of
outside of the Site upon acceptance of the materi-
al at a duly licensed and authorized receiving
facility.
(b) Non -removal of contaminated material. No contami-
nated soil or solid waste shall be removed,
placed, stored, transported or disposed of outside
the boundaries of the Site without having first
obtained any and all necessary state and/or feder-
al transportation and disposal permits.
(c) Dust suppression. All activity or development
shall be accompanied by dust suppression measures
such as the application of water or other soil
surfactant to minimize the creation and release of
dust and other particulates into the air. The
Aspen/Pitkin Environmental Health Department may
require air monitoring to insure the effectiveness
of dust suppression measures.
(d) Vegetable and flower gardening or cultivation. No
vegetables or flowers shall be planted or culti-
vated within the boundaries of the Site except in
garden beds consisting of not less than twelve
(12) inches of soil containing no more than 999
parts per million (ppm) lead.
(e) Landscaping. The planting of trees and shrubs and
the creation or installation of landscaping fea-
tures requiring the dislocation or disturbance of
more than one (1) cubic yard of soil shall require
a permit as provided in Section 7-143(4) above.
(7) SOILS TESTING. The Director or the Aspen/Pitkin Envi-
ronmental Health Department may require any person
undertaking to conduct activity or development within
the Site to test any soil or material to establish its
total lead (Pb) content for purposes of determining the
application of any of the provisions of this Section 7-
143. All testing shall utilize and adhere to protocols
established or approved by the United States Environ-
mental Protection Agency.
8
(8) INSPECTION AND MAINTENANCE. In addition to all other
requirements as set forth in this Section 7-143, the
following additional requirements shall apply to the
use and maintenance of all lands within the Site,
including but not limited to lawns, play areas and
parking lots.
(a) All areas within the Site shall be subject to
inspection by the Aspen/Pitkin Environmental
Health Department in order to enforce the provi-
sions of this Section 7-143. Inspections shall be
done with the consent of the property owner or
occupant. If consent is denied, inspection shall
be obtained pursuant to court order.
(b) All areas within the Site shall be maintained with
a permanent vegetative or hard surface cover.
Except as allowed pursuant to a duly obtained
permit issued under this section, no person shall
alter any part of a permanent vegetative or hard
surface cover absent prior notice to the Aspen/
Pitkin Environmental Health Department.
(c) All areas within the Site shall be maintained in a
manner to minimize erosion, including adequate
provision for drainage and surface water run-off
so as to prevent the formation of standing pools,
ditches or gullies.
(d) No new outdoor playing field, playground, or other
recreational area shall be established or con-
structed within the Site, nor shall existing play-
ing fields, playgrounds or recreational areas be
expanded, without the prior review and approval of
the Director and the Aspen/Pitkin Environmental
Health Department.
(9) APPEALS. Any person adversely affected or aggrieved by
a decision of the Director or the Aspen/Pitkin Environ-
mental Health Department made pursuant to this Section
7-143 may appeal such decision to the Board of Appeals
and Examiners pursuant to the procedures as set forth
in Division 2 of Article II of Chapter 7 of the Muni-
cipal Code.
Section 2
The City Clerk is directed to file and have recorded a true
and accurate copy of this ordinance, along with a true copy of
9
the official map depicting the boundaries of the Smuggler
Mountain Superfund Site, in the office of the Pitkin County Clerk
and Recorder.
Section 3
This ordinance shall be effective five (5) days following
the date of the filing of an approved consent decree by the Court
in the case entitled United States of America v. Smuggler Durant
Mining Corporation, et al., 89-C-1802 (U.S. District Court for
the District of Colorado).
Section 4
This ordinance shall not have any effect on existing litiga-
tion and shall not operate as an abatement of any action or
proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be
construed and concluded under such prior ordinances.
Section 5
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and shall not affect the validity of the remaining
portions thereof.
10
Section 6
A public hearing on the ordinance shall be held on the �3
day of 1994, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the day of
1994.
04
S_
Joh S. Bennett, Mayor
ATTEST:
Kathryn S oc , City Clerk
�
�� FINALLY adopted, passed and approved this day of
1994.
John A. Bennett, Mayor
ATTEST:
Kathryn Koc City Cler
11
mow(_
11-GS-02 16:17 HUNTER C K PROPERTIES INC
November S, 2002
RE: 700 Gibson Avenue Subdivision Exemption for a Lot Split
To: ivlayor Klandcrud
Aspen City Council
James Lindt, Planner - Community Development
Planning Officials
Dear Officials,
ID: 920 4936 P01/01
E X 1 I'h/ [ `t%
There have been several Hunter Creek Home Owners who have expressed concern regarding the proposed
lot split. It is their desire to see a designation of a building envelope on the exemption plat. This envelope
should consider a bone Pine Road set back similar to the existing buildings along Lone Pine Road, such as
building 900 of the Hunter Creek Condominiums, which is adjacent to the parcel. Be advised, the property
is oriented primarily on Lone Pine Road, not Gibson Avenue. Lone Pine is a unique street with its own
special character. All of the existing structures on this street, from one end to the other, are set back
substantially from the road, thus forming a desirable vista.
We propose a resubmission of the application showing individual building envelopes incorporating a street
setback similar to the nearby buildings. Otherwise the proposed buildings have the potential to be set too
close to the road, which would compromise the openness of Lone Pine Road w�iih its vistas.
Thank you for your consideration in this matter.
Sincerely,
X,"a // Wt?-- -
Lisa Thurston
Hunter Creek Properties, Inc.
Hunter Creek • 1400 Vine Street • Aspen, Colorado 81611 • 970/925-1060
Nov 05 02 07:53p -11 Wiener 9"r 925-5390 p.1
Nov. 5, 2002
Re: 700 Gibson Avenue Subdivision Exemption For Lot Split
Dear, James Lindt
On the above, I wear three hats.
1) I own the house at 701 Gibson St. across the street.
2) I own two condominiums in the Hunter Creek complex. The
one on the South side of building 9 looks directly at the lot.
3) I am a graduate of the Cornell School of Architecture / City
Planning, so I want to see our city make the best choices.
1
As the owner of the Gibson St. house to the South, my major concern is
that I do not know what the set back from Gibson will be, as there was
no information given in the proposal as to setback or building envelope.
How can anyone make an informed decision as to personal or civic
impact without such information?
2
As the owner of Hunter Creek Condo #942, I always knew that
something would be built on that lot. However, the location (side &
front setback), and height are interrelated as to impact. As there is no
information as to building envelope or setback shown, how can I make
an informed decision as to impact and how to mitigate it?
3
As an Architect / Planner I am appalled that there is nothing in the
submission that addresses protecting the neighborhood character.
Lone Pine is a special place. The existing buildings are set back from
the street creating a street character of openness. Because the
proposed lot #1 may front on Walnut St., then Lone Pine may become
the rear line with a 10-foot setback. Lot #2 fronting on Lone Pine
would also have a 10 foot setback from the street.
Both of these allowed setbacks are unacceptable, because the new
structures could be built much closer to the street than the buildings
that now exist, thus destroying the neighborhood character.
Additionally, because of the narrow side yard setback (lot #2) the new
structures could create a scale problem by visually crowding the large
Hunter Creek Complex and adversely impacting the existing path to
the bus.
Nov 05 02 07:53p .11 Wiener
9170 925-5390 p.2
Solutions
The City Council should require that to maintain the existing street
character and safety that :
a) The established physical setback from Lone Pine be maintained,
i.e. that none of the new buildings be any closer to Lone Pine
than the existing adjoining Hunter Creek Condo.
b) Lot #2 side setback is at least 30 feet from the adjoining Hunter
Creek Condo property line to maintain scale and character.
Note: A great many people who ride the bus use this passage.
c) The new structure on lot #1 be located on the North half of the lot
in order to maintain character and not visually impact the
intersection, thus reduce traffic accidents (buses & pedestrians).
All of the above can be presented on a revised plat using either
setback lines or building envelopes. Hunter Creek Buildings 9 &I.0
should be shown in order to access mutual impact to character.
Note: When the seven lots were laid out on the Mockland
property across the street, building envelopes were required. If
this was done on one side of the street, then it should be done on
the other.
How can an elected official, an administrator, or a neighbor assess
the potential impact without setbacks and/or building envelopes
being known (shown)? Once we have a drawing that indicates what
is about to happen and how it impacts others, then we can address
refinements if necessary.
Final note: To comply with the above would create no hardship on
the developers. This is a win / win.
Sincerely,
Bill Wiener, Jr.
Phone: 925-5390 - Cell: 948-8255 - Email: bill -wiener @ hotmail.com
=V L A6 Lota" im
------------------------------------
600 1 1
STREET W
CURB LINE or EDGE OF PAVEMEN
I, A _I
B
r
PERTY LINE
VISION g °
TRIANGLE or
LINE OF SIGHTLUi
SIGHT RESTRICTIONS
No physical object(s) may be placed in the highlighted area which has a height of 30 inches or more or to be
allowed grow to exceed 30 inches. The triangle dimensions are measured from the intersection
of the
property lines as shown in the detail above.
STREET
"B"
dW
w W
H
Uj
W
d o
O O
O
STREET "A"
B(FEET)
A (FEET)
STREET TYPE
20
ALLEYS, COMMERCIAL or INDUSTRIAL DR.
15
30
40
60
100
30
RESIDENTIAL STREET
15
30
40
60
100
45
LOCAL STREET or COMMERCIAL STREET
15
30
40
60
100
60
COLLECTOR STREET
15
30
40
60
100
100
ARTERIAL STREET
15
30
40
60
100
ENGINEERING DEPARTMENT
MINIMUM VISION
DRAWING NO.
CITY OF ASPEN, COLORADO
TRIANGLE
DIMENSIONS
ENG-610
11P
e9m VA e- u
MEMORANDUM
TO: Mayor and City Council (�
THRU: Julie Ann Woods, Community Development Director (rW
—� Joyce Ohlson, Deputy Director
Ae
C�
FROM: James Lindt, Planner q3two._
RE: 700 Gibson Subdivision Exemption Lot Split — 2"d Reading of Ordinance
No. 37, Series of 2002- Public Hearing
DATE: November 11, 2002
APPLICANT:
Griffith Property, LLC.
REPRESENTATIVE:
Alan Richman, Richman Planning Services
LOCATION:
700 Gibson Ave.
ZONING:
R-6 (Medium -Density Residential)
CURRENT LOT SIZE:
39,620 Square Feet
PROPOSED PARCEL SIZES:
Lot 1= 13,700 SF
Lot 2= 26,363 SF
CURRENT LAND USE:
Vacant Land (Single -Family Residence
demolished in August of 2002)
PROPOSED LAND USE:
Proposed Lot 1-Single-Family Residence
Proposed Lot 2- Two Detached Residences
SUMMARY:
The applicant is requesting a Subdivision
Exemption Lot Split for a parcel to create
Lots 1 and 2 of the Griffith Property Lot
Split located at 700 Gibson Avenue.
Photo Above: Existing parcel looking North
from Gibson Avenue.
3
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4-1
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Photo Above: Area of proposed access to Lot
1 of the proposed Lot Split off of Walnut
Avenue.
REVIEW PROCEDURE:
Pursuant to Section 26.480.040 (Procedures For Review), a development application for a
subdivision exemption approval shall be reviewed pursuant to the procedures and standards
in this Chapter and the Common Development Review Procedures set forth at Chapter
26.304.
Exempt Subdivisions require a public hearing before City Council with its associated public
notice. The applicant shall respond to the subdivision exemption lot split review standards
pursuant to Section 26.480.050. City Council may approve, approve with conditions, or
disapprove an application for a subdivision exemption lot split via an ordinance.
STAFF COMMENTS:
The applicant, the Griffith Property, LLC, represented by Alan Richman of Richman
Planning Services, requests a Subdivision Exemption Lot Split to divide the parcel located at
700 Gibson Avenue into two (2) separate parcels. The parcel is currently located on the
corner of Gibson Avenue and Lone Pine Road and abuts the Hunter Creek Condominiums to
the north. The property is located in the R-6 (Medium Density Residential) Zone District and
contains approximately 39,620 square feet.
The applicant intends to construct a single-family residence on Lot 1 of the proposed lot split
to replace the demolished residence. On Lot 2 of the proposed lot split, the applicant would
like to construct two (2) detached residences. The current zoning of the land allows for the
construction of two (2) detached single-family residences on Lot 2 because it is proposed to
contain over 9,000 square feet of lot area. In addition, both of the proposed lots contain in
excess of 6,000 square feet which is the minimum size lot in the R-6 Zone District.
Therefore, the proposal would not create any non -conformities.
GMQS EXEMPTIONS:
The applicant intends to land a Transferable Development Right (TDR) to obtain a
development right on Lot 1. The above -mentioned TDR was created in the mid 1980's as
part of the approvals for the Smuggler Mobile Home Park. In approving the Smuggler
Mobile Home Park, nineteen (19) freely transferable development rights were created that
represented exemptions from the Growth Management Quota System. The City Attorney
believes that the Transferable Development Right presented and held by the applicant is
probably authentic and can be used to obtain a GMQS Exemption for one development right.
On Lot 2 of the proposed lot split, the applicant proposes to either build an ADU or pay a
cash -in -lieu fee to obtain two (2) GMQS Exemptions to construct the proposed two (2)
detached free market residential dwellings pursuant to Land Use Code Section
26.470.070(B). Land Use Code Section 26.470.070(B), Growth Management Quota System
Exemptions allows for the applicant to develop a duplex or two residential units on a lot of
record, which serves as a replacement for the development rights that exist on the fathering
parcel. To obtain the two (2) GMQS Exemptions, the applicant shall provide one of the
following affordable housing mitigation options:
N
1) Provide one (1) free market dwelling unit and one (1) deed restricted, Resident -
Occupied (RO) dwelling unit with a minimum floor area of one thousand five
hundred (1,500) square feet; or,
2) Provide either two (2) above grade, detached Accessory Dwelling Units of a
minimum of three hundred (300) net livable square feet or one (1) Accessory
Dwelling unit with a minimum floor area of six hundred (600) net livable
square feet pursuant to Chapter 26.520; or,
3) Provide an off -site Affordable Housing Unit within the Aspen Infill Area
accepted by the Aspen/Pitkin County Housing Authority and deed restricted in
accordance with the Aspen/Pitkin County Housing Authority Guidelines, as
amended; or,
4) Provide two (2) deed restricted Resident -Occupied (RO) dwelling units on -site;
or,
5) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended.
ISSUES:
Access:
The applicant is requesting to access the proposed Lot 1 from Walnut Avenue which is
located to the east of the existing property. In 1993, a portion of Walnut Avenue was vacated
and conveyed to the owner of the Griffith Property in return for conveying a piece of land on
the western portion of the property to the City of Aspen for the construction of the Smuggler
Area Commuter Sidewalk. Therefore, the subject parcel abuts Walnut Avenue to the west
and has legal access to the proposed Lot 1 from Walnut Avenue. Staff is proposing to
require the applicant to vacate and completely fill in the curb cut that currently exists off of
Gibson Avenue.
Lot 2 is proposed to be accessed from Lone Pine Road. The applicant is proposing to use a
shared driveway for the two residential units that are proposed on Lot 2. Staff feels that the
applicant has appropriately avoided accessing the property from Gibson Avenue, which is
clearly the busiest right-of-way that abuts the property. In addition, the City Engineering
Department has reviewed the proposed driveway locations and feels that they are positioned
appropriately.
Neighboring Property Owner Concerns:
The applicant has proposed to meet the underlying R-6 Zone District's setback requirements
with the proposed residences. Several of the neighbors have expressed concerns that the R-
6 Zone District's front yard setback requirements of ten (10) feet will allow for the proposed
residences to be located too close to Lone Pine Road (please letters attached as Exhibit "E").
The neighbors feel that the residences that could be setback only ten (10) feet from Lone
Pine Road would not be compatible with character of the other structures that abut Lone
Pine Road because the other structures are setback by more than ten (10) feet. The
neighbors have requested that the applicants be required to designate building envelopes or
required setbacks on the plat that are significantly setback from Lone Pine Road prior to
gaining lot split approval.
The neighbors have noted that almost all of the other structures on Lone Pine Road are
setback from the street by approximately thirty (30) feet or more. Staff does not feel that it
is appropriate to establish building envelopes or a more stringent setback requirement from
Lone Pine Road on either of the proposed lots because there are no lot split review criteria
that require the proposal to be compatible with the character of the surrounding structures.
Therefore, staff does not believe that it is within our authority to propose a condition of this
nature. Furthermore, the property line that abuts Lone Pine Road is approximately eight(8)
to ten (10) feet from the edge of pavement. When that ten (10) feet of public right-of-way is
combined with the required R-6 Zone District's required front yard setback of ten (10) feet
from the property line, a setback of twenty (20) feet from the edge of pavement is
established. A twenty (20) foot setback from the edge of pavement is within approximately
ten (10) feet of the distance in which the other structures that abut Lone Pine Road are
setback from the street.
Additionally, because the residential design standards require that the proposed residences
be oriented towards the street with the longest block length (Lone Pine Road); staff feels
that it would be inappropriate to set the residences much further back than twenty (20) feet
from the roadway that they are required to be oriented towards. The majority of the other
structures that abut Lone Pine Road are not oriented towards Lone Pine Road. Staff
believes that the R-6 Zone District's front yard setback requirement of ten (10) feet is
appropriate for the proposed lots.
A neighbor has also expressed a concern about the required setback of the proposed
residence on Lot #1 from Gibson Avenue. The neighbor expressing this concern felt that
the R-6 Zone District's setback requirements allowed for the possibility that the residence to
be constructed on Lot #1 would impact the intersection of Gibson Avenue and Lone Pine
Road and cause safety concerns. The Planning Staff reviewed this specific concern and
calculated a vision triangle to determine if the intersection would be impacted by
implementing the R-6 Zone District's setbacks on Lot #1. Staff calculated a vision triangle
to determine the intersection's line -of -sight based on the Engineering Department's Interim
Design and Construction Standards (please see applicable section attached as Exhibit "F").
Staff concluded from performing this exercise, that the intersection would not be impacted
even if the applicant were allowed to build to the lot line of Gibson Avenue.
Referral Comments:
The Planning Staff has referred the proposed lot split to all of the referral agencies that we
thought might have concerns or interest in the proposal. The City Water Department
requested that the applicant grant the City a twenty (20) foot wide future services water line
easement to straddle the proposed property line that splits the two lots. In exchange for the
granting of the aforementioned easement, the City will vacate the right-of-way instrument for
pipes and mains that was recorded in 1885 as is described in item No. 10 of the title
commitment that is included in the application. This right-of-way instrument basically
4
granted a general undefined services easement over the entire area that was once known as
Smuggler Ranch.
In addition, the City Engineering Department is requiring that the applicant install curb and
gutter along Gibson Avenue from the corner of Gibson Avenue and Lone Pine Road, where
the existing curb ends to the northernmost property line of the proposed Lot 2 (please see
map attached as Exhibit D). The Planning Staff believes that the sidewalk, curb, and gutter
installation request by the City Engineering Department is appropriate in that the subject
parcel is located within the area that has been designated for the installation of sidewalk,
curb, and gutter by the City of Aspen's Master Plan for Sidewalk, Curb, and Gutter that was
adopted by City Council. The City Engineer's requests are proposed in condition of approval
No. 6.
Ordinance Amendments for Second Reading
Staff was recently made aware that the subject parcel is located within the former "Smuggler
Mine Superfund Site" boundaries and may contain soils that are contaminated with mine
waste materials with high concentrations of lead and cadium. The Smuggler Mine Superfund
Site has been de -listed by the Environmental Protection Agency, but the local institutional
controls that were established by City Council Ordinance No. 25, Series of 1994 remain in
full effect for excavation and development activities on properties that exist within the
boundaries of the original superfund site. Therefore, the City of Aspen Environmental
Health Department has requested that any disturbed soils be removed from the site and
transported to the Pitkin County Landfill when Lots 1 and 2 of the Griffith Lot Split are
developed. The Environmental Health Department's concerns have been mitigated by the
addition of that last four conditions of approval (conditions numbered 11 thru 14).
Therefore, the Planning Staff believes that the proposed conditions will reinforce the
mitigation measures needed to guarantee the health and safety of the neighboring residents
and on -site workers during the development of Lots 1 and 2 of the Griffith Property Lot
Split.
STAFF ANALYSIS SUMMARY:
Staff feels that the proposed lot split is consistent with the review criteria as is set forth in
Land Use Code Section 26.480.030(A)(2), Lot Splits. Furthermore, staff believes that the
proposed conditions are needed to insure the proposal's compliance with the City of Aspen's
Master Plan for Sidewalk, Curb, and Gutter installation. In addition, staff believes that the
proposed lots will not create any non -conformities in relation to the R-6 Zone District's
requirements for minimum lot size.
RECOMMENDATION:
Staff recommends City Council approve the proposed Subdivision Exemption Lot Split for
Lots 1 and 2 of the Griffith Lot Split located at 700 Gibson Avenue, City of Aspen, Pitkin
County, Colorado with the conditions stated in the ordinance.
5
RECOMMENDED MOTION: (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Ordinance No. 37, Series 2002 of the Aspen City Council, approving a
Subdivision Exemption for a Lot Split to create Lot 1 and Lot 2 of the property to be known
and dedicated as the Griffith Property, LLC Lot Split located at 700 Gibson Avenue, City of
Aspen, Pitkin County, Colorado with the conditions set forth in the ordinance."
CITY MANAGER'S COMMENTS:
ATTACHMENTS:
EXHIBIT A -- REVIEW CRITERIA & STAFF FINDINGS
EXHIBIT B --REFERRAL COMMENTS
EXHIBIT C -- SIDEWALK, CURB, AND GUTTER MAP
EXHIBIT D -- CITY COUNCIL ORDINANCE NO.25, SERIES OF 1994- INSTITUTIONAL
CONTROLS FOR SMUGGLER MINE SUPERFUND SITE
EXHIBIT E -- LETTERS OF CONCERN FROM NEIGHBORS
EXHIBIT F -- ENGINEERING'S INTERIM DESIGN STANDARDS- SIGHT RESTRICTIONS
2
EXHIBIT A
SUBDIVISION EXEMPTION LOT SPLIT
REVIEW CRITERIA & STAFF FINDINGS
The split of a lot for the purpose of the development of one detached single-family dwelling
on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the
following criteria are met:
a. The land is not located in a subdivision approved by either the Pitkin
County Board of County Commissioners or the City Council, or the land is
described as a metes and bounds parcel which has not been subdivided after the
adoption of subdivision regulations by the City of Aspen on March 24, 1969.
Staff Finding
The subject parcel (Lots 1 and 2) of a property to be known and dedicated as the Griffith
Property LLC Lot Split is not located in a subdivision approved by the Pitkin County Board
of County Commissioners or the Aspen City Council and the parcel has not been subdivided
after the adoption of subdivision regulations by the City of Aspen on March 24, 1969. The
parcel is a metes and bounds parcel and has not been previously subdivided. Staff finds this
criterion to be met.
b. No more than two (2) lots are created by the lot split, both lots conform to
the requirements of the underlying zone district. Any lot for which development is
proposed will mitigate for affordable housing pursuant to Section
26.100.050(A)(2)(c).
Staff Finding
There will be no more than two lots created by this lot split, Lots 1 and 2 of the Griffith
Property LLC Lot Split. Both of the proposed lots are currently vacant and contain at least
6,000 square feet as is required as the minimum lot size by the R-6 (Medium -Density
Residential) Zone District. Because both of the proposed lots are vacant, approving a lot
split will not create any non -conformity in regards to the allowed dimensional requirements.
The applicant proposes to develop both lots; Lot 1 will contain a single-family residence and
Lot 2 will contain two detached residential dwelling units. At the time that the two detached
dwelling units are proposed to be constructed, the applicant shall be required to obtain two
(2) GMQS Exemptions by either proving an ADU of at least six hundred (600) square feet,
providing two (2) ADUs of at least 300 square feet, by deed restricting one of the residential
dwellings as a resident -occupied unit, or by paying the affordable housing impact fee
pursuant to the housing guidelines.
On Lot 1, the applicant proposes to land a TDR to construct the proposed single-family
residence. The TDR was created as part of the development of the Smuggler Mobile Home
Park. The City Attorney has reviewed the TDR and believes that it is valid. Therefore, a
7
GMQS exemption is not required to develop Lot 1 with a single-family residence. Staff
finds this criterion to be met.
C. The lot under consideration, or any part thereof, was not previously the
subject of a subdivision exemption under the provisions of this Chapter or a "lot
split" exemption pursuant to Section 26.470.040 (C)(1)(a).
Staff Finding
Staff finds that the subject lot has not previously been subject to a subdivision exemption or
lot split. Staff finds this criterion to be met.
d. A subdivision plat which meets the terms of this Chapter, and conforms to
the requirements of this Title, is submitted and recorded in the office of the Pitkin
County Clerk and Recorder after approval, indicating that no further subdivision
may be granted for these lots nor will additional units be built without receipt of
applicable approvals pursuant to this Chapter and growth management allocation
pursuant to Chapter 26.470.
Staff Finding
No further subdivision will be granted for Lots 1 and 2 and no additional units will be built
without receipt of applicable approvals pursuant to this Chapter and growth management
allocation pursuant to Chapter 26.470. The required subdivision plat with a note allowing no
further subdivision of the newly created lots, as approved by City Council will be submitted
by the applicant and recorded in the office of the Pitkin County Clerk and Recorder. Staff
finds this criterion to be met.
e. The subdivision exemption agreement and plat shall be recorded in the
office of the Pitkin County Clerk and Recorder. Failure on the part of the
applicant to record the plat within one hundred eighty (180) days following
approval by the City Council shall render the plat invalid and reconsideration of
the plat by the City Council will be required for a showing of good cause.
Staff Finding
The applicant shall record the required subdivision exemption plat and agreement within
one hundred and eighty (180) days of approval by the City Council. In addition, the
applicant shall submit a letter to the City Environmental Health Department that indicates
that Ordinance No. 25, Series of 1994 regarding the removal and disturbance of soils
containing mine waste material has been read by the owner and contractor developing the
site and will be complied with. Staff finds this criterion to be met.
f. In the case where an existing single-family dwelling occupies a site which
is eligible for a lot split, the dwelling need not be demolished prior to application
for a lot split.
8
Staff Finding
No single-family residence exists on the property currently. The single-family residence
that existed on the site has already been demolished. However, the residence that previously
existed did not cross the proposed property line. Therefore, Staff does not believe that the
residence that was demolished was done so for the purpose of completing the proposed lot
split. Staff finds this criterion to be met.
g. Maximum potential buildout for the two (2) parcels created by a lot split
shall not exceed three (3) units, which may be composed of a duplex and a single-
family home.
Staff Finding
Upon approval of this Subdivision Exemption Lot Split, the applicant proposes to construct
a single-family dwelling on Lot 1 and two detached dwelling units on Lot 2 which will
result in the maximum allowable build -out potential for the two lots. Based on a Land Use
Code interpretation approved by the Community Development Director in 1998, two
detached residential dwelling units may be developed on one lot and an additional single-
family dwelling unit may be developed on another lot that is created through a lot split if the
underlying zone district allows for two detached dwelling units as a permitted use.
Therefore, the applicant is not limited to developing a duplex and a single-family residence
as is implied by the criterion. Staff finds this criterion to be met.
9
Nov 05 02 07:53p Bill Wiener 9'70 925-5390 p.l
Nov. 5, 2002
Re: 700 Gibson Avenue Subdivision Exemption For Lot Split
Dear, James Lindt
On the above, I wear three hats.
1) I own the house at 701 Gibson St. across the street.
2) I own two condominiums in the Hunter Creek complex. The
one on the South side of building 9 looks directly at the lot.
3) 1 am a graduate of the Cornell School of Architecture / City
Planning, so I want to see our city make the best choices.
1
As the owner of the Gibson St. house to the South, my major concern is
that I do not know what the set back from Gibson will be, as there was
no information given in the proposal as to setback or building envelope.
How can anyone make an informed decision as to personal or civic
impact without such information?
2
As the owner of Hunter Creek Condo #942, I always knew that
something would be built on that lot. However, the location (side &
front setback), and height are interrelated as to impact. As there is no
information as to building envelope or setback shown, how can I make
an informed decision as to impact and how to mitigate it?
3
As an Architect / Planner I am appalled that there is nothing in the
submission that addresses protecting the neighborhood character.
Lone Pine is a special place. The existing buildings are set back from
the street creating a street character of openness. Because the
proposed lot #1 may front on Walnut St., then Lone Pine may become
the rear line with a 10-foot setback. Lot #2 fronting on Lone Pine
would also have a 10 foot setback from the street.
Both of these allowed setbacks are unacceptable, because the new
structures could be built much closer to the street than the buildings
that now exist, thus destroying the neighborhood character_
Additionally, because of the narrow side yard setback (lot #2) the new
structures could create a scale problem by visually crowding the large
Hunter Creek Complex and adversely impacting the existing path to
the bus.
Nov 05 02 07:53p Bill Wiener 9110 925-5390 p.2
Solutions
The City Council should require that to maintain the existing street
character and safety that :
a) The established physical setback from Lone Pine be maintained,
i.e. that none of the new buildings be any closer to Lone Pine
than the existing adjoining Hunter Creek Condo.
b) Lot #2 side setback is at least 30 feet from the adjoining Hunter
Creek Condo property line to maintain scale and character.
Note: A great many people who ride the bus use this passage.
c) The new structure on lot #1 be located on the North half of the lot
in order to maintain character and not visually impact the
intersection, thus reduce traffic accidents (buses & pedestrians).
All of the above can be presented on a revised plat using either
setback lines or building envelopes. Hunter Creek Buildings 9 &10
should be shown in order to access mutual impact to character.
Note: When the seven lots were laid out on the Mockland
property across the street, building envelopes were required. If
this was done on one side of the street, then it should be done on
the other.
How can an elected official, an administrator, or a neighbor assess
the potential impact without setbacks and/or building envelopes
being known (shown)? Once we have a drawing that indicates what
is about to happen and how it impacts others, then we can address
refinements if necessary.
Final note: To comply with the above would create no hardship on
the developers. This is a win / win.
Sincerely,
Bill Wiener, Jr.
....................................................................................... .
Phone: 925-5390 - Cell: 948-8255 - Email: bill -wiener @ hotmail.com
2
11-0S-02 16:17 HUNT. CREEK PROPERTIES INC
November 5, 2002
RE: 700 Gibson Avenue Subdivision Exemption for a Lot Split
To: Mayor Klandcrud
Aspen City Council
James Lindt, Planner - Community Development
Planning Officials
Dear Officials,
1 920 4936 P01/01
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There have been several Hunter Creek Home Owners who have expressed concern regarding the proposed
lot split. It is their desire to see a designation of a building envelope on the exemption plat. This envelope
should consider a Lone Pine Road set back similar to the existing buildings along Lone Pine Road, such as
building 900 of the Hunter Creek Condominiums, which is adjacent to the parcel. Be advised, the property
is oriented primarily on Lone Pine Road, not Gibson Avenue. Lone Pine is a unique street with its own
special character. All of the existing strucnues on this street, from one end to the other, arc set back
substantially from the road, thus forming a desirable vista.
We propose a resubmission of the application showing individual building envelopes incorporating a street
setback similar to the nearby buildings. Otherwise the proposed buildings have the potential to be set too
close to the road, which would compromise the openness of Lone Pine Road with its vistas.
Thank you for your consideration in this matter.
Sincerely,
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Lisa Thurston
Hunter Creek Properties, Inc.
Hunter Creek • 1400 Vine Street • Aspen, Colorado 81611 • 970/925-1060
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11-05-02 16:17 HUNTER CREEK PROPERTIES INC ID=970 920 4936 PO1/01
• f
November 5, 2002
RE: 700 Gibson Avenue Subdivision Exemption for a Lot Split
To: Mayor Klandcrud
Aspen City Council
James Lindt, Planner - Community Development
Planning Officials
Dear Officials,
Therc have been several Hunter Creek Home Owners who have expressed concern regarding the proposed
lot split. It is their desire to see a designation of a building envelope on the exemption plat. This envelope
should consider a Lone Pine Road set back similar to the existing buildings along Lone Pine Road, such as
building 900 of the Hunter Creek Condominiums, which is adjacent to the parcel. Be advised, the property
is oriented primarily on Lone Pine Road, not Gibson Avenue. Lone Pine is a unique street with its own
special character. All of the existing structures on this street, from one end to the other, arc set back
substantially from the road, thus forming a desirable vista.
We propose a resubmission of the application showing individual building envelopes incorporating a street
setback similar to the nearby buildings. Otherwise the proposed buildings have the potential to be set too
close to the road, which would compromise the openness of Lone Pine Road with its vistas.
Thank you for your consideration in this matter.
Sincerely,
Lisa Thurston
Hunter Creek Properties, Inc.
Hunter Creek • 1400 Vine Street • Aspen, Colorado 81611 • 970/925-1060
CommunityL),,,_,.,! rnibepartment
130 S. Galena Street
Aspen, Colorado 81611
FABER JOHN A
1401 W PACES FERRY #3401
ATLANTA, GA 30327
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NOV 0 4 2002
ASPEN
BUILDING DEPARTMENT
PUBLIC NOTICE
RE: 700 GIBSON AVENUE SUBDIVISION EXEMPTION FOR A LOT SPLIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, November
11, 2002, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council
Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by
the Griffith Property, LLC requesting approval of a Subdivision Exemption for a Lot Split
to divide the property into two lots. The property is located at 700 Gibson Avenue and is
commonly known as the Griffith Property. For further information, contact James Lindt
at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO
(970) 920-5095, jamesl@ci.aspen.co.us.
s/Helen Klanderud, Mayor
Aspen City Council
Published in the Aspen Times on October 26, 2002
City of Aspen Account
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PUBLIC NOTICE
RE: 700 GIBSON AVENUE SUBDIVISION EXEMPTION FOR A LOT SPLIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, November
11, 2002, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council
Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by
the Griffith Property, LLC requesting approval of a Subdivision Exemption for a Lot Split
to divide the property into two lots. The property is located at 700 Gibson Avenue and is
commonly known as the Griffith Property. For further information, contact James Lindt
at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO
(970) 920-5095, jamesl@ci.aspen.co.us.
s/Helen Klanderud, Mayor
Aspen City Council
Published in the Aspen Times on October 26, 2002
City of Aspen Account
COMIPMlI11Y
NI
TI
P
S
M LIVING TRUST
SE, CO 81615
PUBLIC NOTICE
RE: 700 GIBSON AVENUE SUBDIVISION EXEMPTION FOR A LOT SPLIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, November
11, 2002, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council
Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by
the Griffith Property, LLC requesting approval of a Subdivision Exemption for a Lot Split
to divide the property into two lots. The property is located at 700 Gibson Avenue and is
commonly known as the Griffith Property. For further information, contact James Lindt
at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO
(970) 920-5095, jamesl@ci.aspen.co.us.
s/Helen Klanderud, Mayor
Aspen City Council
Published in the Aspen Times on October 26, 2002
City of Aspen Account
RECEIVED
NOV 1) ' 9002
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134 W HOPKINS AVE
ASPEN, CO 81611
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PUBLIC NOTICE
RE: 700 GIBSON AVENUE SUBDIVISION EXEMPTION FOR A LOT SPLIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, November
11, 2002, at a meeting to begin at 5:00 p.m. before the Aspen City Council, Council
Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by
the Griffith Property, LLC requesting approval of a Subdivision Exemption for a Lot Split
to divide the property into two lots. The property is located at 700 Gibson Avenue and is
commonly known as the Griffith Property. For further information, contact James Lindt
at the City of Aspen Community Development Department, 130 S. Galena St., Aspen, CO
(970) 920-5095, jamesl@ci.aspen.co.us.
s/Helen Klanderud, Mayor
Aspen City Council
Published in the Aspen Times on October 26, 2002
City of Aspen Account
ATTACHMENT 7
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE
ADDRESS OF PROPERTY: �C��L/ �f GL� �OCJ� /� �2 Aspen, CO
SCHEDULED PUBLIC HEARING DATE:( /� , 200_
STATE OF COLORADO )
SS.
County of Pitkin )
r
I, r (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fifteen (I
days prior to the public hearing. A copy of the publication is attached hereto.
Posting of notice: By posting of notice, which fomi was obtained from the
Community Development Department, which was made of suitable,
waterproof materials, which was not less than twenty-two (22) inches wide
and twenty-six (26) inches high, and which was composed of letters not
less than one inch in height. Said notice was posted at least fifteen (15) days
prior to the public hearing and was continuously visible from the _ day of
, 200, to and including the date and time of the pubO
hearing. A photograph of the posted notice (sign) is attached hereto.
Mailing of notice. By the mailing of a notice obtained from the Community
Development Department, which contains the information described in Section
26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to
the public hearing, notice was hand delivered or mailed by first class postage
prepaid U.S. mail to any federal agency, state, county, municipal government,
school, service district or other governmental or quasi -governmental agency that
owns property within three hundred (300) feet of the property subject to the
development application. The names and addresses of property owners shall be
those on the current tax records of Pitkin County as they appeared no more than
sixty (60) days prior to the date of the public hearing. A copy of the owners and
governmental agencies so noticed is attached hereto.
(continued on next page)
Rezoning or text amendment. Whenever the official zoning district map is in
any way to be changed or amended incidental to or as part of a general revision
of this Title, or whenever the text of this Title is to be amended, whether such
revision be made by repeal of this Title and enactment of a new land use
regulation, or otherwise, the requirement of an accurate survey map or other
sufficient legal description of, and the notice to and listing of names and
addresses of owners of real property in the area of the proposed change shall
be waived. However, the proposed zoning map has been available for public
inspection in the planning agency during all business hours for fifteen (15) days
prior to the public hearing on such amendments.
S' ature
tl
The foregoing "Affidavit of Notice" was acknowledged be re me this S day
of C!) c , 200 a., by j
PUBLIC NOTICE
RE: 700 GIIN AVENUE SUBDIVLSION 7MP-
TIONFOR ATSPLITNOTICEIS that a publichearing
willbeheldnday, November1attoin at 5:00 p.m. before the
Aspen
City Council, Council Chambers, City Hall, 130 S.
Galena St., Aspen, to consider an application sub-
mitted by the Griffith Property, LLC requesting
approval of a Subdivision Exemption for a Lot
Split to divide the property into two lots. The
property is located at 700 Gibson Avenue and is
commonly known as the Griffith Property.
For further information, contact James Lindt at
the City of Aspen Community Development De-
partment, 130 S. Galena St., Aspen. CO (970) 920-
5095, jamesl®ci.aspen.co.us.
s/Helen Klanderud, Mayor
Aspen City Council
Published In Th Aspen Times on October 26,
2002.(9546)
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires:
Notary Public
ATTACHMENTS:
COPY OF THE PUBLICATION
PHOTOGRAPH OF THE POSTED NOTICE (SIGN)
p�Y PUe
o
� RPJI'i
up, ' O
LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED
BYMAIL
60 Feet
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,45 Feet
WOW
Nov. 5, 2002
Re: 700 Gibson Avenue Subdivision Exemption For Lot Sib•
Dear, Cris Bendon, Sr. Planner ���V�
Np� D
On the above, I wear three hats. D 8 2C'2
1) I own the house at 701 Gibson St. across the street. RU/(p/'4S('EN
2) I own two condominiums in the Hunter Creek complex. TheEP'�RTMENT
one on the South side of building 9 looks directly at the lot.
3) I am a graduate of the Cornell School of Architecture / City
Planning, so I want to see our city make the best choices.
1
As the owner of the Gibson St. house to the South, my major concern is
that I do not know what the set back from Gibson will be, as there was
no information given in the proposal as to setback or building envelope.
How can anyone make an informed decision as to personal or civic
impact without such information?
2
As the owner of Hunter Creek Condo #942, I always knew that
something would be built on that lot. However, the location (side &
front setback), and height are interrelated as to impact. As there is no
information as to building envelope or setback shown, how can I make
an informed decision as to impact and how to mitigate it?
3
As an Architect / Planner I am appalled that there is nothing in the
submission that addresses protecting the neighborhood character.
Lone Pine is a special place. The existing buildings are set back from
the street creating a street character of openness. Because the
proposed lot #1 may front on Walnut St., then Lone Pine may become
the rear line with a 10-foot setback. Lot #2 fronting on Lone Pine
would also have a 10 foot setback from the street.
Both of these allowed setbacks are unacceptable, because the new
structures could be built much closer to the street than the buildings
that now exist, thus destroying the neighborhood character.
Additionally, because of the narrow side yard setback (lot #2) the new
structures could create a scale problem by visually crowding the large
Hunter Creek Complex and adversely impacting the existing path to
the bus.
i
Solutions
The City Council should require that to maintain the existing street
character and safety that :
a) The established physical setback from Lone Pine be maintained,
i.e. that none of the new buildings be any closer to Lone Pine
than the existing adjoining Hunter Creek Condo.
b) Lot #2 side setback is at least 30 feet from the adjoining Hunter
Creek Condo property line to maintain scale and character.
Note: A great many people who ride the bus use this passage.
c) The new structure on lot #1 be located on the North half of the lot
in order to maintain character and not visually impact the
intersection, thus reduce traffic accidents (buses & pedestrians).
All of the above can be presented on a revised plat using either
setback lines or building envelopes. Hunter Creek Buildings 9 &10
should be shown in order to access mutual impact to character.
Note: When the seven lots were laid out on the Mockland
property across the street, building envelopes were required. If
this was done on one side of the street, then it should be done on
the other.
How can an elected official, an administrator, or a neighbor assess
the potential impact without setbacks and / or building envelopes
being known (shown)? Once we have a drawing that indicates what
is about to happen and how it impacts others, then we can address
refinements if necessary.
Final note: To comply with the above would create no hardship on
the developers. This is a win / win.
Sincerely,
Bill
..................................................................................................................
..................................................................................................................
Phone: 925-5390 - Cell: 948-8255 - Email: bill wiener @ hotmail.com
2
Nov. 5, 2002
Re: 700 Gibson Avenue Subdivision Exemption For Lot Split
Dear, Julie Ann
On the above, I wear three hats.
1) I own the house at 701 Gibson St. across the street.
2) I own two condominiums in the Hunter Creek complex. The
one on the South side of building 9 looks directly at the lot.
3) I am a graduate of the Cornell School of Architecture / City
Planning, so I want to see our city make the best choices.
1
As the owner of the Gibson St. house to the South, my major concern is
that I do not know what the set back from Gibson will be, as there was
no information given in the proposal as to setback or building envelope.
How can anyone make an informed decision as to personal or civic
impact without such information?
2
As the owner of Hunter Creek Condo #942, I always knew that
something would be built on that lot. However, the location (side &
front setback), and height are interrelated as to impact. As there is no
information as to building envelope or setback shown, how can I make
an informed decision as to impact and how to mitigate it?
3
As an Architect / Planner I am appalled that there is nothing in the
submission that addresses protecting the neighborhood character.
Lone Pine is a special place. The existing buildings are set back from
the street creating a street character of openness. Because the
proposed lot #1 may front on Walnut St., then Lone Pine may become
the rear line with a 10-foot setback. Lot #2 fronting on Lone Pine
would also have a 10 foot setback from the street.
Both of these allowed setbacks are unacceptable, because the new
structures could be built much closer to the street than the buildings
that now exist, thus destroying the neighborhood character.
Additionally, because of the narrow side yard setback (lot #2) the new
structures could create a scale problem by visually crowding the large
Hunter Creek Complex and adversely impacting the existing path to
the bus.
1
Solutions
The City Council should require that to maintain the existing street
character and safety that :
a) The established physical setback from Lone Pine be maintained,
i.e. that none of the new buildings be any closer to Lone Pine
than the existing adjoining Hunter Creek Condo.
b) Lot #2 side setback is at least 30 feet from the adjoining Hunter
Creek Condo property line to maintain scale and character.
Note: A great many people who ride the bus use this passage.
c) The new structure on lot #1 be located on the North half of the lot
in order to maintain character and not visually impact the
intersection, thus reduce traffic accidents (buses & pedestrians).
All of the above can be presented on a revised plat using either
setback lines or building envelopes. Hunter Creek Buildings 9 &10
should be shown in order to access mutual impact to character.
Note: When the seven lots were laid out on the Mockland
property across the street, building envelopes were required. If
this was done on one side of the street, then it should be done on
the other.
How can an elected official, an administrator, or a neighbor assess
the potential impact without setbacks and/or building envelopes
being known (shown)? Once we have a drawing that indicates what
is about to happen and how it impacts others, then we can address
refinements if necessary.
Final note: To comply with the above would create no hardship on
the developers. This is a win / win.
Sincerely,
..................................................................................................................
..................................................................................................................
Phone: 925-5390 — Cell: 948-8255 — Email: bill wiener @ hotmail.com
2
MEMORANDUM
TO: Mayor and City Council
THRU: Julie Ann Woods, Community Development Director
Joyce Ohlson, Deputy Director
FROM: James Lindt, Planners
RE: 700 Gibson Subdivision Exemption Lot Split— 1" Reading of Ordinance
No.��, Series of 2002
DATE: October 28.2002
APPLICANT:
Griffith Property, LLC.
REPRESENTATIVE:
Alan Richman, Richman Planning Services
LOCATION:
700 Gibson Ave.
ZONING:
R-6 (Medium -Density Residential)
CURRENT LOT SIZE:
39,620 Square Feet
PROPOSED PARCEL SIZES:
Lot 1= 13,700 SF
Lot 2= 26,363 SF
CURRENT LAND USE:
Vacant Land (Single -Family Residence
demolished in August of 2002)
PROPOSED LAND USE:
Proposed Lot 1-Single-Family Residence
Proposed Lot 2- Two Detached Residences
SUMMARY:
The applicant is requesting a Subdivision
Exemption Lot Split for a parcel to create
Lots 1 and 2 of the Griffith Property Lot
Split located at 700 Gibson Avenue.
Photo Above: Existing parcel looking North
from Gibson Avenue.
Photo Above: Area of proposed access to Lot
1 of the proposed Lot Split off of Walnut
Avenue.
REVIEW PROCEDURE:
Pursuant to Section 26.480.040 (Procedures For Review), a development application for a
subdivision exemption approval shall be reviewed pursuant to the procedures and standards
in this Chapter and the Common Development Review Procedures set forth at Chapter
26.304.
Exempt Subdivisions require a public hearing before City Council with its associated public
notice. The applicant shall respond to the subdivision exemption lot split review standards
pursuant to Section 26.480.050. City Council may approve, approve with conditions, or
disapprove an application for a subdivision exemption lot split via an ordinance.
STAFF COMMENTS:
The applicant, the Griffith Property, LLC, represented by Alan Richman of Richman
Planning Services, requests a Subdivision Exemption Lot Split to divide the parcel located at
700 Gibson Avenue into two (2) separate parcels. The parcel is currently located on the
corner of Gibson Avenue and Lone Pine Road and abuts the Hunter Creek Condominiums to
the north. The property is located in the R-6 (Medium Density Residential) Zone District and
contains approximately 39,620 square feet.
The applicant intends to construct a single-family residence on Lot 1 of the proposed lot split
to replace the demolished residence. On Lot 2 of the proposed lot split, the applicant would
like to construct two (2) detached residences. The current zoning of the land allows for the
construction of two (2) detached single-family residences on Lot 2 because it is proposed to
contain over 9,000 square feet of lot area. In addition, both of the proposed lots contain in
excess of 6,000 square feet which is the minimum size lot in the R-6 Zone District.
Therefore, the proposal would not create any non -conformities.
GMQS EXEMPTIONS:
The applicant intends to land a Transferable Development Right (TDR) to obtain a
development right on Lot 1. The above -mentioned TDR was created in the mid 1980's as
part of the approvals for the Smuggler Mobile Home Park. In approving the Smuggler
Mobile Home Park, nineteen (19) freely transferable development rights were created that
represented exemptions from the Growth Management Quota System. The City Attorney
believes that the Transferable Development Right presented and held by the applicant is
probably authentic and can be used to obtain a GMQS Exemption for one development right.
On Lot 2 of the proposed lot split, the applicant proposes to either build an ADU or pay a
cash -in -lieu fee to obtain two (2) GMQS Exemptions to construct the proposed two (2)
detached free market residential dwellings pursuant to Land Use Code Section
26.470.070(B). Land Use Code Section 26.470.070(B), Growth Management Quota System
Exemptions allows for the applicant to develop a duplex or two residential units on a lot of
record, which serves as a replacement for the development rights that exist on the fathering
parcel. To obtain the two (2) GMQS Exemptions, the applicant shall provide one of the
following affordable housing mitigation options:
NA
1) Provide one (1) free market dwelling unit and one (1) deed restricted, Resident -
Occupied (RO) dwelling unit with a minimum floor area of one thousand five
hundred (1,500) square feet; or,
2) Provide either two (2) above grade, detached Accessory Dwelling Units of a
minimum of three hundred (300) net livable square feet or one (1) Accessory
Dwelling unit with a minimum floor area of six hundred (600) net livable
square feet pursuant to Chapter 26.520; or,
3) Provide an off -site Affordable Housing Unit within the Aspen Infill Area
accepted by the Aspen/Pitkin County Housing Authority and deed restricted in
accordance with the Aspen/Pitkin County Housing Authority Guidelines, as
amended; or,
4) Provide two (2) deed restricted Resident -Occupied (RO) dwelling units on -site;
or,
5) Paying the applicable affordable housing impact fee pursuant to the Aspen/Pitkin
County Housing Authority Guidelines, as amended.
ISSUES:
Access:
The applicant is requesting to access the proposed Lot 1 from Walnut Avenue which is
located to the east of the existing property. In 1993, a portion of Walnut Avenue was vacated
and conveyed to the owner of the Griffith Property in return for conveying a piece of land on
the western portion of the property to the City of Aspen for the construction of the Smuggler
Area Commuter Sidewalk. Therefore, the subject parcel abuts Walnut Avenue to the west
and has legal access to the proposed Lot 1 from Walnut Avenue. Staff is proposing to
require the applicant to vacate and completely fill in the curb cut that currently exists off of
Gibson Avenue.
Lot 2 is proposed to be accessed from Lone Pine Road. The applicant is proposing to use a
shared driveway for the two residential units that are proposed on Lot 2. Staff feels that the
applicant has appropriately avoided accessing the property from Gibson Avenue, which is
clearly the busiest right-of-way that abuts the property. In addition, the City Engineering
Department has reviewed the proposed driveway locations and feels that they are positioned
appropriately.
Referral Comments:
The Planning Staff has referred the proposed lot split to all of the referral agencies that we
thought might have concerns or interest in the proposal. The City Water Department
requested that the applicant grant the City a twenty (20) foot wide future services water line
easement to straddle the proposed property line that splits the two lots. In exchange for the
granting of the aforementioned easement, the City will vacate the right-of-way instrument for
pipes and mains that was recorded in 1885 as is described in item No. 10 of the title
commitment that is included in the application. This right-of-way instrument basically
granted a general undefined services easement over the entire area that was once known as
Smuggler Ranch.
In addition, the City Engineering Department is requiring that the applicant install curb and
gutter along Gibson Avenue from the corner of Gibson Avenue and Lone Pine Road, where
the existing curb ends to the northernmost property line of the proposed Lot 2 (please see
map attached as Exhibit D). The Planning Staff believes that the sidewalk, curb, and gutter
installation request by the City Engineering Department is appropriate in that the subject
parcel is located within the area that has been designated for the installation of sidewalk,
curb, and gutter by the City of Aspen's Master Plan for Sidewalk, Curb, and Gutter that was
adopted by City Council. The City Engineer's requests are proposed in condition of approval
No. 6.
STAFF ANALYSIS SUMMARY:
Staff feels that the proposed lot split is consistent with the review criteria as is set forth in
Land Use Code Section 26.480.030(A)(2), Lot Splits. Furthermore, staff believes that the
proposed conditions are needed to insure the proposal's compliance with the City of Aspen's
Master Plan for Sidewalk, Curb, and Gutter installation. In addition, staff believes that the
proposed lots will not create any non -conformities in relation to the R-6 Zone District's
requirements for minimum lot size.
RECOMMENDATION:
Staff recommends City Council approve the proposed Subdivision Exemption Lot Split for
Lots 1 and 2 of the Griffith Lot Split located at 700 Gibson Avenue, City of Aspen, Pitkin
County, Colorado with the conditions stated in the ordinance.
RECOMMENDED MOTION: (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE):
"I move to approve Ordinance No. Series 2002 of the Aspen City Council, approving a
Subdivision Exemption for a Lot SPIT;to create Lot 1 and Lot 2 of the property to be known
and dedicated as the Griffith Property, LLC Lot Split located at 700 Gibson Avenue, City of
Aspen, Pitkin County, Colorado with the conditions set forth in the ordinance."
CITY MANAGER'S COMMENTS:
ATTACHMENTS:
EXHIBIT A -- REVIEW CRITERIA & STAFF )(+INDINGS
EXHIBIT B -- APPLICATION
EXHIBIT C --REFERRAL COMMENTS
EXHIBIT D -- SIDEWALK, CURB, AND GUTTER MAP
EXHIBIT A
SUBDIVISION EXEMPTION LOT SPLIT
REVIEW CRITERIA Bit STAFF FINDINGS
The split of a lot for the purpose of the development of one detached single-family dwelling
on a lot formed by a lot split granted subsequent to November 14, 1977, where all of the
following criteria are met:
a. The land is not located in a subdivision approved by either the Pitkin
County Board of County Commissioners or the City Council, or the land is
described as a metes and bounds parcel which has not been subdivided after the
adoption of subdivision regulations by the City of Aspen on March 24, 1969.
Staff Finding
The subject parcel (Lots 1 and 2) of a property to be known and dedicated as the Griffith
Property LLC Lot Split is not located in a subdivision approved by the Pitkin County Board
of County Commissioners or the Aspen City Council and the parcel has not been subdivided
after the adoption of subdivision regulations by the City of Aspen on March 24, 1969. The
parcel is a metes and bounds parcel and has not been previously subdivided. Staff finds this
criterion to be met.
b. No more than two (2) lots are created by the lot split, both lots conform to
the requirements of the underlying zone district. Any lot for which development is
proposed will mitigate for affordable housing pursuant to Section
26.100.050(A)(2)(c).
Staff Finding
There will be no more than two lots created by this lot split, Lots 1 and 2 of the Griffith
Property LLC Lot Split. Both of the proposed lots are currently vacant and contain at least
6,000 square feet as is required as the minimum lot size by the R-6 (Medium -Density
Residential) Zone District. Because both of the proposed lots are vacant, approving a lot
split will not create any non -conformity in regards to the allowed dimensional requirements.
The applicant proposes to develop both lots; Lot 1 will contain a single-family residence and
Lot 2 will contain two detached residential dwelling units. At the time that the two detached
dwelling units are proposed to be constructed, the applicant shall be required to obtain two
(2) GMQS Exemptions by either proving an ADU of at least six hundred (600) square feet,
providing two (2) ADUs of at least 300 square feet, by deed restricting one of the residential
dwellings as a resident -occupied unit, or by paying the affordable housing impact fee
pursuant to the housing guidelines.
On Lot 1, the applicant proposes to land a TDR to construct the proposed single-family
residence. The TDR was created as part of the development of the Smuggler Mobile Home
Park. The City Attorney has reviewed the TDR and believes that it is valid. Therefore, a
5
GMQS exemption is not required to develop Lot 1 with a single-family residence. Staff
finds this criterion to be met.
C. The lot under consideration, or any part thereof, was not previously the
subject of a subdivision exemption under the provisions of this Chapter or a "lot
split" exemption pursuant to Section 26.470.040 (C)(1)(a).
Staff Finding
Staff finds that the subject lot has not previously been subject to a subdivision exemption or
lot split. Staff finds this criterion to be met.
d. A subdivision plat which meets the terms of this Chapter, and conforms to
the requirements of this Title, is submitted and recorded in the office of the Pitkin
County Clerk and Recorder after approval, indicating that no further subdivision
may be granted for these lots nor will additional units be built without receipt of
applicable approvals pursuant to this Chapter and growth management allocation
pursuant to Chapter 26.470.
Staff Finding
No further subdivision will be granted for Lots 1 and 2 and no additional units will be built
without receipt of applicable approvals pursuant to this Chapter and growth management
allocation pursuant to Chapter 26.470. The required subdivision plat with a note allowing no
further subdivision of the newly created lots, as approved by City Council will be submitted
by the applicant and recorded in the office of the Pitkin County Clerk and Recorder. Staff
finds this criterion to be met.
e. The subdivision exemption agreement and plat shall be recorded in the
office of the Pitkin County Clerk and Recorder. Failure on the part of the
applicant to record the plat within one hundred eighty (180) days following
approval by the City Council shall render the plat invalid and reconsideration of
the plat by the City Council will be required for a showing of good cause.
Staff Finding
The applicant shall record the required subdivision plat within one hundred and eighty (180)
days of approval by the City Council. Staff finds this criterion to be met.
L In the case where an existing single-family dwelling occupies a site which
is eligible for a lot split, the dwelling need not be demolished prior to application
for a lot split.
2
Staff Finding
No single-family residence exists on the property currently. The single-family residence
that existed on the site has already been demolished. However, the residence that previously
existed did not cross the proposed property line. Therefore, Staff does not believe that the
residence that was demolished was done so for the purpose of completing the proposed lot
split. Staff finds this criterion to be met.
g. Maximum potential buildout for the two (2) parcels created by a lot split
shall not exceed three (3) units, which may be composed of a duplex and a single-
family home.
Staff Finding
Upon approval of this Subdivision Exemption Lot Split, the applicant proposes to construct
a single-family dwelling on Lot 1 and two detached dwelling units on Lot 2 which will
result in the maximum allowable build -out potential for the two lots. Based on a Land Use
Code interpretation approved by the Community Development Director in 1998, two
detached residential dwelling units may be developed on one lot and an additional single-
family dwelling unit may be developed on another lot that is created through a lot split if the
underlying zone district allows for two detached dwelling units as a permitted use.
Therefore, the applicant is not limited to developing a duplex and a single-family residence
as is implied by the criterion. Staff finds this criterion to be met.
j:', r 9:4J. F- er$20, 00 r 10
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• i'�356442 CnCi er• k: ,
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5i lvi.a. Davis, Fitk:in ty
1
ORDINANCE NO.�-
(Series of 1993)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,AC-.-
VACATING PORTIONS OF THE WALNUT AVENUE RIGHT-OF-WAY CONTAINING
1,050 SQUARE FEET ALL WITHIN THE CITY OF -ASPEN, PITKIN COUNTY,
COLORADO. :r,
WHEREAS, the City of Aspen desires to obtain a certain right-of-way adjoining Gibson
Avenue, depicted on the sketch annexed hereto as. Exhibit "A", from William Griffith and
D
William Russell for the construction of a portion of the Smuggler Area Commuter Sidewalk CD
-f,
Project; and
WHEREAS, the City of Aspen desires to obtain a certain right of way adjoininb Lone
Pine Road, depicted on the sketch annexed hereto as Exhibit "E", from William Griffith and z
William Russell in order to extend the Lone Pine Road right-of-way to a full 75 feet and C a
WHEREAS, there exists a hiatus of approximately 6.81 to 8.2 feet in the property line {
r N
between William Griffith and William Russell's property and the City of Aspen property D
commonly known as the Hunter Creek Condominiums, all as depicted on the sketch appended '° M
;a>
m
hereto as Exhibit "C"; and o
Mo
fz�_q
WHEREAS, there exists another hiatus of approximately 0 to 7 feet in the property line M
r
between William Griffith and William Russell's property and Lone Pine Road, all as depicted
on the sketch appended hereto as Exhibit "B"; and
WHEREAS, William Griffith and William Russell have agreed to convey title to the
above referenced Gibson Avenue and Lone Pine Road right-of-ways to the City of Aspen in
d
exchange for receiving title from the City of Aspen of the two property line hiatuses referenced �
above and the vacation of a portion of Walnut Avenue as described hereinbelow; and
z
Attachment #1
Page 1
#i356442' 05/03/9`_ 41. Rec $20.00 BK 710 F'G
Silvia Davis, F'itf.:in Gnty Clerk:, Doc $.()(.)
WHEREAS, William Griffith and William Russell understand that in accordance with
Section 24-5-502 of the Aspen Municipal Code, in determining land available for development, ' a
vacated lands shall be excluded from the calculation of available floor area, density or required
open space; and
WHEREAS, the right-of-ways or portions thereof to be vacated are located entirely m
within the corporate limits of the City of Aspen; and ,]!,
W
WHEREAS, the proposed vacation has been reviewed by the City Engineer and a
determination made that the petition complies in all respects with the City's Public Rights -of -
ways Vacation Policies and the land to be vacated is eligible for vacation pursuant to said s
rn
policies; and
WHEREAS, the proposed vacation will not leave any land adjoining the same without `D
a means of access over an established public right-of-way connecting such lands to an established
r�
public street; and
0
WHEREAS, the City Council has determined that the public use, convenience and
necessity will no longer require the hereinafter described public right-of-ways or portions
thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1.
That the portions of Walnut Avenue right-of-way, City of Aspen, Pitkin County,
Colorado, described in the legal description and depicted in the sketch appended hereto and made
a part hereof as Exhibit "D", shall be, and the same hereby is vacated subject to the reservations
set forth below.
Section 2.
Attachment #1 Page 2
#:3564422tip/i 3 ci9: I•i. Rec $20. oC) C i. 1 v i. a� D a.� v j. s - £; k.. 71 G 992
itl::ir� Cnty Cler•k:, Doc s.O )
That the vacation shall be subject to the City of Aspen granting title to William Griffith
and William Russell by quit claim deed of the two hiatuses described and depicted on the W
annexed Exhibits "B" and "C"; and William Griffith and William Russell granting title to the
City of Aspen by quit claim deed the parcels of land described and depicted on Exhibits "A" and
}
OD
Section 3.
That ownership and title to the lands so vacated shall vest as provided in and by Section
43-2-302. C.R.S.
Section 4.
That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to
record a copy of this ordinance in the Office of the Pitkin County Clerk and Recorder. r
Section 5.
That the City Engineer be and hereby is directed, upon the adoption of this ordinance, W
to make all corrections necessary to the Official Map of the City of Aspen.
Section 6.
That if any section, subsection, sentence, clause, phrase or portion of this ordinance is
for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the validity
of the remaining portions thereof.
Section 7.
That this ordinance shall not have any effect on existing litigation and shall not operate
as an abatement of any action or proceeding now pending under or by virtue of the ordinances
amended as herein provided. and the same shall be construed and concluded under such prior
ordinances.
3
Attachment ill Page 3
#35h44' c";5/r_;3/93 4•i. RE r>^c_;,i?i; F;k: 710 F'G
.Clv:i_, Davis, Pick— Cnty Clerk, Doc
A public hearing on the ordinance shall be held on the '7& day of ,
1993, in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the /� day of 1993.
John . Bennett, Mayor
i
,k
ICa ;amity Clerk
FINALLY adopted, passed and approved this—l�w day of
1993.
�— 0 F 4S�
Kathryn � ch, City Clerk
Smugg Ier. ord
i
John S. Bennett, Mayor
S
Cr
n
7,
i
4
Attachment ill Page 4
I-t -- 7 9 8 p - c-� r+ 1 1 ! Q17 / g 51 1. 'I . ; � A F, G 5 f i F. 1. r,.
Louis H. Buettner Surveying
0040 West Sopris Creek Road
Basalt, Colorado 81621
(303-927-3611)
EXHIBIT "A"
(Property Description)
A tract of land located within
document recorded in Book 435
Pitkin County. The property
Township 10 South, Range 84 West
more fully described as follows:
the property described in the
at page 230 of the records of
being situated in Section 7,
of the Sixth Principal Meridian,
Commencing_ at the Center 1/4 Corner of Said Section 7 (a 1954
Brass Cap Monument, the 1978 Center 1/4 Corner Brass Cap Monument
bears South 67` 20' 34" East, 2.36 feet therefrom); thence South
31' 26' 56" West, 1012.65 feet to the northwesterly cornea- of the
property described in Book 435 at page 230; thence South 17` 41'
East, 309.49 feet along the westerly boundary of said property to
the True Point of Beginning; thence continuing along said
westerly boundary South 17' 41' East, 27.46 feet to the
southwesterly corner; thence South 45' 18' 05" East, 73.91 feet
along the property southerly boundary to the southeasterly corner
thereof; thence northwesterly along a curve to the right 36.76
feet, the radius for said curve being 334.30 feet, (the long cord
bearing North 19' 51' 52" West, 36.74 feet); thence North 47'
59' 08" West, 65.13 feet to the True Point of Beginning.
Containing 1022.02 square feet more or less.
This property description was prepared by Louis H. Buettner, LS
13166.
Attachment #1 Page 5
Louis H. Buettner
Surveying
0040 w Sopris Creek
Basalt, CO 8?621
a�l'71 4'1 B--798
f,_...9Zf:a 1.1/1�17/95 17. 5A 1==(, 6
f= 14
EXHI BIT A"
(SKETCH)
CENTER 1/4 (1954)
SEC. 7, TICS, R84W, Gth. P.M.
/N,31026'56"E, 1012.65'
N 890 20 W 241.91
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Attachment #1
Page 6
387120 B-798 P-944 1 1 /07/ 95 1 1: 25A PG 7 DF 14
Louis H. Buettner Surveying
0040 West Sopris Creek Road
Basalt, Colorado 81621
(303-927-3611)
EXHIBIT "B"
(Property Description)
A tract of land abutting the property described in the document
recorded in Book: 435 at page 230 of the records of Pitkin County.
The property being situated in Section 7, Township 10 South,
Ranee 84 West of the Sixth Principal Meridian, more fully
described as follows:
Commencing at the Center 1/4 Corner of Said Section 7 (a 1954
Brass Cap Monument, the 1978 Center 1/4 Corner Brass Cap Monument
bears South 67" 20' 34" East, 2.36 feet therefrom); thence South.
31" 26' 56" West, 1012.65 feet to the northwesterly corner of the
property described in Book 435 at page 230; thence South 17" 41'
East, 173.64 feet along the westerly boundary of said property to
the True Point of Beginning; thence continuing along said
westerly boundary South 17' 41' East, 135.85 feet; thence
departing said westerly boundary North 47" 59' 08" West, 9.54
feet; thence North 15` 31' 27" West, 127.71 feet to the True
Point of Beginning. Containing 326.83 square feet more or less.
This property description was prepared by Lauds H. Buettner, LS
13166.
Attachment #1 Page 7
EXHIBIT 6
(SKETCH)
CENTER 1/4 (1959)
SEC. 7, TIOS, R84W, 6tK P.M.
N31026'56"E, 1012.65'
S 89° 20'E 2 39, 56'
N 890 20 W 241.91'
!L
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Louis H. Buettner
Surveying
0040 W SOPds Creek
Bask, 00 6162,
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Attachment 111
Page 8
387120 B--798 P-946 11./07/95 11n25A PG 9 OF 14
Louis H. Buettner Surveying
0040 West Sopris Creek: Road
Basalt, Colorado 81621
(303-927-3611)
EXHIBIT "C''
(Property Description)
A tract of land located abutting the property described in the
document recorded in Book 435 at page 220 of the records of
Pitkin County. The tract being situated in Section 7, Township
10 South, Range 84 West of the Sixth Principal Meridian, more
fully described as follows:
Commencing at the Center 1/4 Corner of Said Section 7 (a 1954
Brass Cap Monument, the 1978 Center 1/4 Corner Brass Cap Monument
bears South 67' 20' 34" East, 2.36 feet therefrom); thence South
31" 26' 56" West, 1012.65 feet to the northwesterly corner of the
property described in Book: 435 at page 230; thence South 89" 20'
East, 6.81 feet along the northerly boundary thereof to the True
Point of Beginning; thence North 15` 31' 27" West, 6.61 feet to
a southerly boundary of the Hunter Creek Condominium as recorded
in Plat Book 9 at page 85; thence South 89` 20' East, 231.75
feet along said southerly boundary; thence South 38' 36' 13''
East, 6.20 feet to the northeasterly corner of the property
described in Book 435 at page 230; thence North 89' 20' West,
235.10 feet along the northerly boundary of said property to the
True Point of Beginning. Continuing 1482.48 square feet more or
less.
This property description was prepared by Louis H. Buettner, LS
13166.
Attachment #1 Page 9
EXHIBIT „C„
(SKETCH)
CENTER 1/4 (1954)
SEC. 7, TIOS, R84W, 6th. P.M.
N 310 26' 56"E, 1012.65'
HUNTER CREEK CONDOMINIUMS
N15031'27"W, 8.81'
S890 20'E 231.7s' 239.56'
7-1
6.81' N89020'W (235.10') 241.91�
0
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Louis H. Buettner
Surveying
0040 W SOpris Creek
Bessft, CO 81621
S38038'13"E, 8.20'
GRIFFITH
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Attachment #1 Page 10
r a-r 1.1itti'%9;j 11:�:' iFi f'G 11 OF I.4
Louis H. Buettner Surveying
0040 West Sopris Creek Road
Basalt, Colorado 81621
(303-927-3611)
EXHIBIT "D"
(Property Description)
A portion of Walnut Street located in the Williams Addition in
Section 7, Township 10 South, Range 84 West of the Sixth
Principal Meridian, and more fully described as fellows:
Beginning at the northeasterly corner of Lot 15, Bloch: 2,
Williams Addition thence South 00' 40' East, 30.00 feet along the
easterly boundary of said Lot 14; thence South 89' 20' East,
35.00 feet; thence North 00' 40' West, 30.00 feet; thence North
89" 20' West, 35.00 feet to the point of beginning. Containing
1050 square feet more or less.
This property description was prepared by Louis H. Buettner, LS
' 13166.
Attachment #1 Page 11
EXHIBIT "D
(SK ETCH)
CENTER 1/4 (1954)
�SEC.T, TIOS, R84W, 6th.P.M.
31026'56"E, 1012.65
N 890 20'W 241.91'
LouSurveying
0040 VV SOPHS Creek
Basaft, CO 81621
GRIFFITH
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Attachment #1
Page
12
*3871�'0 B-798 F'-9`;i7� L 1 ii7i7��)5 1. 1. .. �fl (''r; 1 =. OF 1[
Louis H. Buettner Surveying
0040 West Sopris Creek Road
Basalt, Colorado 81621
(303-927-3611)
EXHIBIT "E"
(Property Description)
A tract of land located within the property described in the
document recorded in Book 435 at page 230 of the records of
Pitkin County. The property being situated in Section 7,
Township 10 South, Range 84 West of the Sixth Principal Meridian,
more fully described as follows:
Commencing at. the Center 1/4 Corner of Said Section 7 (a 1954
Brass Cap Monument, the 1978 Center 1/4 Corner Brass Can Monument
bears South 67` 20' 34" East, 2.36 feet therefrom); thence South
31' 26' 56" West, 1012.65 feet to the northwesterly corner of the
property described in Book 435 at page 230; thence South 17' 41'
East, 173.64 feet along the westerly boundary of said property;
thence North 15` 31'27" West, 171.61 feet to the northerly
boundary of said property; thence North 89` 20' West, 6.81 feet
along said northerly boundary to the True Point of Beginning.
Containing 561.34 square feet more or less.
This property description was prepared by Louis H. Buettner, LS
13166.
Attachment #1 Page 13
Louis H. Buettner
0040 W Sops Creek
Basalt, CO 81021
EXHIBIT "E"
(SKETCH)
CENTER 1/4 (1954)
SEC.7, TIOS, R84W, 6tn. P.M.
31°26'56"E, 1012.65'
S 89° 2O'E 239.56'
N 890 20 W 241.91
wNX
�O
f GRIFFITH
Q,
O 8 `
•
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Z -
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S 0
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Attachment #1
Page 14
I�l �l y cUasS
ruylaull:.Iy1�11
TO: Plans were routed to those departments checked -off below:
X ........... City Engineer
X ......... Community Development Engineer
0......... Police Department
X ........... Zoning Officer
0 ........... Housing Director
X ........... Parks Department
X ........... Aspen Fire Marshal
X ........... City Water
X ........... Aspen Consolidated Sanitation District
0 ........... Building Department
-0� ......... Environmental Health
X ........... Electric Department
X ........... Holy Cross Electric
0 ........... City Attorney
X ........... Streets Department
0 ........... Historic Preservation Officer
0 ........... Pitkin County Planning
0......... DRC
FROM: James Lindt, Planner
Community Development Department
130 So. Galena St.; Aspen, CO 81611
Phone-920.5095 Fax-920.5439
RE: 700 Gibson Ave. Lot Split
Parcel ID #2737-073-00-019
DATE: September 25, 2002
COMMENTS: Please review the attached application for a lot split at 700 Gibson
Ave. The parcel is currently vacant and the Applicant requests to split the lot into two
separate parcels. A DRC Meeting will be held on Wednesday, October 2nd in the Sister
Cities Room, Basement of City Hall. Please return comments to John Neiwoehner by
October 11 `h.
DRC Meeting: October 2"d
Comments Due: October 111h
Thank You,
James Lindt
Alan Richman, 02:38 PM 09/25/2002 -0600, Re: Griffith Lot Split
X-Sender: arichman@mail.sopris.net (Unverified)
X-Mailer: QUALCOMM Windows Eudora Pro Version 4
Date: Wed, 25 Sep 2002 14:38:33 -0600
To: James Lindt <jamesl@ci.aspen.co.us>
From: Alan Richman <arichman@sopris.net>
Subject: Re: Griffith Lot Split
X-ECS-MailScanner: Found to be clean
At 01:41 PM 9/25/2002 -0600, you wrote:
>Hi Alan,
>Do you know the proposed lot areas for the two prospective lots? Lou
>Buettner did not include them on his draft plat.
>Thanks,
>James>
Lot 1 - 13,700 sq. ft.
Lot 2 - 26,363 sq. ft
Printed for James Lindt <jamesl@ci.aspen.co.us> 1
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and ���FF ' C"Ki
(hereinafter APPLICANT) AGREE AS FOLLOWS:
i. APPLICANT has submitted tR CITY an ap lication for C
(hereinafter, THE PROJECT). •
2. APPLICANT understands and agrees that City of Aspen Ordinance No. 49 (Series of 1998)
establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent
to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning
Commission and/or City Council to make legally required findings for project consideration, unless current billings
are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the
amount of S \ Zo S which is for (o hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above, including post approval review. Such periodic
payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such
accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all
costs associated with case processing have been paid.
CITY OF ASPEN APPLICANT
By:
Julie Ann Woods
Community Development Director
g:\support\forms\agrpayas.doc
12/27/99
By: +, G'�{q
Date: I 61 0 a
Mailing Address:
-1 Z C� q\- `;V6Lvice
,04410 R&44iia*
Tex 3613 .446e% eoeovc & Y1612
September 9, 2002
;P&uus4emf Se &ea
;NsaeI57ax (970) 920-1125
Mr. Chris Bendon, Senior Planner
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: GRIFFITH PROPERTY LLC LOT SPLIT
Dear Chris,
This is an application to subdivide a vacant parcel of land located at 700 Gibson Avenue.
This application is being submitted by the Griffith Property LLC (hereinafter, "the
applicant"), the owner of the property. Proof of the ownership of the property is provided
by Exhibit #1, the title insurance commitment. Authorization for Alan Richman Planning
Services to represent the property owner for this application is provided by Exhibit #2.
The property consists of approximately 0.9 acres of land (approximately 39,620 sq. ft.)
located within the City of Aspen. The property is zoned R-6.
The location of the site in relation to neighboring properties is shown on the vicinity map.
It shows that the site is located at the corner of Lone Pine and Gibson and is surrounded
by single-family and multi -family residential uses.
An improvement survey, depicting existing conditions on the property, has been prepared.
It shows that the property was improved with a single-family a -frame house. That old,
dilapidated structure, which had been vacant for some time, was recently demolished.
Although the survey does not depict topography on the property, a visual inspection reveals
that this is a relatively flat piece of land, with no physical constraints to development.
Vegetation on the property is relatively sparse, with most of the property being covered with
low lying brush.
The applicant proposes that the property be split into two lots, each of which will contain
well in excess of 6,000 sq. ft. of land, meaning that each lot will be conforming in size in the
R-6 zone district. Lot 1 will be improved with a single-family house, which will replace the
house that has been demolished. Lot 2 will be improved with two detached residences,
developed as condominium units on a single parcel of land.
Mr. Chris Bendon
September 9, 2002
Page Two
In conversations the applicant held with the City Engineering Department, it was suggested
that the City would prefer the applicant to abandon the existing driveway access near the
corner of Gibson and Lone Pine. The proposed plat shows that the applicant agrees to do
so. Instead, the applicant plans to access Lot 1 from Walnut Street. Access to the two
condominium units on Lot 2 is proposed to come from a common driveway cut from Lone
Pine Road.
We held a pre -application conference with you on August 2, 2002 to discuss this project (see
Exhibit #3, Pre -Application Conference Summary). Based on this meeting and subsequent
contacts with City staff, it was confirmed that the following review procedures were required
to accomplish this project:
Subdivision Exemption to split the property into two lots; and
GMQS Exemptions to develop the proposed residences.
Following below are the applicant's responses to the applicable standards of the Aspen Land
Use Code for these review procedures.
Subdivision Exemption for Lot Split
Section 26.480.030 A.2 of the Aspen Land Use Code provides the opportunity for an
applicant to split a parcel of land into two separate lots via an exemption from subdivision.
To obtain the subdivision exemption, the applicant must comply with the following standards:
a. The land is not located in a subdivision approved by either the Pitkin County Board of
Commissioners or the City Council, or the land is described as a metes and bounds
parcel which has not been subdivided after the adoption of subdivision regulations by the
City of Aspen on March 24, 1969.
Response: The land is a metes and bounds parcel that is not located in a subdivision
approved by the City or the County, and that has not previously been subdivided.
b. No more than two (2) lots are created by the lot split, both lots conform to the
requirements of the underlying zone district. Any lot for which development is proposed
will mitigate for affordable housing pursuant to Section 26 100.050(A) (2) (c).
Response: As shown on the attached subdivision exemption plat, the applicant proposes to
create two (2) lots with this lot split. Each lot will contain in excess of 6,000 sq. ft. Both lots
will, therefore, be conforming -sized lots in the R-6 zone district, which has a minimum lot
size of 6,000 sq. ft. for a single-family residence and 9,000 sq. ft. for two detached residences.
Mr. Chris Bendon
September 9, 2002
Page Three
The reference to Section 26.100.050(A)(2)(c) is incorrect. That reference is to a section of
the former Aspen Land Use Regulations. The correct reference for that former section is
to Section 26.470.070 B. of the Land Use Code, which provides a GMQS exemption to
develop two detached residences on a pre-existing lot of record. It requires the applicant
to provide an accessory dwelling unit, pay the applicable affordable housing impact fee, or
record a resident -occupancy deed restriction for the proposed dwelling unit. The applicant
agrees to comply with this standard, as is further described below.
C. The lot under consideration, or any part thereof, was not previously the subject of a
subdivision exemption under the provisions of this Chapter or a "lot split" exemption
pursuant to Section 26.470.040(C) (1) (a).
Response: The lot has not previously been subject to a subdivision exemption or a lot split.
d. A subdivision plat which meets the terms of this Chapter, and conforms to the
requirements of this Title, is submitted and recorded in the office of the Pitkin County
Clerk and Recorder after approval, indicating that no further subdivision may be granted
for these lots nor will additional units be built without receipt of applicable approvals
pursuant to this Chapter and growth management allocation pursuant to Chapter 26.470.
Response: A proposed subdivision plat, conforming to the requirements of the Land Use
Code, has been submitted with this application. The Applicant anticipates working with the
City staff during the review of this application to perfect this plat before it is recorded. The
plat contains the required note regarding further subdivision and growth allocations.
e. The subdivision exemption agreement and plat shall be recorded in the office of the
Pitkin County Clerk and Recorder. Failure on the part of the applicant to record the
plat within one hundred eighty (180) days following approval by the City Council shall
render the plat invalid and reconsideration of the plat by the City of Aspen will be
required for a showing of good cause.
Response: The Applicant will record the plat and an agreement (if determined to be
necessary) within the specified time frame.
f. In the case where an existing single-family dwelling occupies a site which is eligible for
a lot split, the dwelling need not be demolished prior to application for a lot split.
Response: The applicant acknowledges this standard. Nevertheless, the applicant has
previously demolished the existing former single-family dwelling on the property.
g. Maximum potential buildout for the two parcels created by a lot split shall not exceed
three (3) units, which may be composed of a duplex and a single-family home.
Mr. Chris Bendon
September 9, 2002
Page Four
Response: The applicant proposes to develop three units on the property, consisting of two
detached residences and a single-family home.
GMQS Exemptions
The applicant intends to utilize two growth management quota system exemptions to
develop this property. First of all, the applicant is eligible to develop a duplex or two
detached dwelling units on a lot of record, pursuant to section 26.470.070 B of the Code.
These units are being developed on Lot 2. As a condition of obtaining this exemption, the
applicant will comply with one of the housing options provided by the Aspen Land Use
Code. If the applicant develops an ADU, it would be located above a detached garage or
other detached structure. Alternatively, the applicant may pay the applicable fee in -lieu of
developing an on -site ADU.
Because the subject property is not comprised of townsite lots, the Applicant is not eligible
for a lot split growth management exemption (Section 26.470.070 I of the Code) for the
single-family unit on Lot 1. The growth management exemption for that lot is instead being
created through the use of a "transferrable development right". A copy of this right is
provided as Exhibit #4. A copy of a letter from the City Attorney verifying the legality of
this right is attached as Exhibit #5.
As stated in the recitals of the TDR, these rights were created as part of a land use approval
that preserved the Smuggler Mobile Home Park as affordable housing. These rights are
exempt from the allotment procedures of the Growth Management Quota System, and
require no additional mitigation in order to develop a single-family unit on Lot 1. Therefore,
an accessory dwelling unit is not currently planned for Lot 1.
Conclusion
In summary, the applicant has submitted all of the requested materials and responded to all
applicable Code criteria, pursuant to direction given during the pre -application conference.
Sufficient evidence has been provided of the project's compliance with said criteria. Please
let me know if there is anything else you require as you review these documents.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
Alan Richman, AICP
EXHIBITS
EXHIBIT #1
Old Republic National Title Insurance Company
ALTA COMMITMENT
Our Order No. Q383019-2
Schedule A Cust. Ref.:
Property Address:
700 GIBSON ASPEN, CO 81611
1. Effective Date: March 15, 2002 at 5:00 P.M.
2. Policy to be Issued, and Proposed Insured:
"ALTA" Owner's Policy 10-17-92
Proposed Insured:
THE GRIFFITH PROPERTY, LLC
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
A Fee Simple
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
BKA, LLC, A COLORADO LIMITED LIABILITY COMPANY AND ALICE L. GRIFFITH
5. The land referred to in this Commitment is described as follows:
SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION
Our Order No. Q383019-2
LEGAL DESCRIPTION
THE EASTERLY 70 FEET, MORE OR LESS, OF LOTS 15 AND 16, BLOCK 2, WILLIAMS
ADDITION, ASPEN, IN PITKIN COUNTY, STATE OF COLORADO, WITHIN THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST
OF THE SIXTH PRINCIPAL MERIDIAN.
ALSO
A TRACT OF LAND SITUATED IN THE NEI/4SW1/4 OF SECTION 7, TOWNSHIP 10 SOUTH,
RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, MORE FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY SIDE OF PUBLIC ROAD WHENCE THE CENTER OF
SAID SECTION 7, BRASS CAP IN PLACE BEARS N 31 DEGREES 26-56" E 1012.65 FEET;
THENCE S 17 DEGREES 4V E 336.95 FEET;
THENCE S 45 DEGREES 18'05" E 73.91 FEET;
THENCE 404.52 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, THE CHORD OF WHICH
BEARS N 13 DEGREES 13'33" E 380.29 FEET;
THENCE N 89 DEGREES 20' W 241.91 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH: A PORTION OF WALNUT STREET LOCATED IN THE WILLIAMS ADDITION IN
SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
AND MORE FULLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 15, BLOCK 2, WILLIAMS ADDITION;
THENCE SOUTH 00 DEGREES 40' EAST 30.00 FEET ALONG THE EASTERLY BOUNDARY OF SAID
LOT 15;
THENCE SOUTH 89 DEGREES 20' EAST 35.00 FEET;
THENCE NORTH 00 DEGREES 40' WEST 30.00 FEET;
THENCE NORTH 89 DEGREES 20' WEST 35.00 FEET TO THE POINT OF BEGINNING
TOGETHER WITH: A TRACT OF LAND ABUTTING THE PROPERTY DESCRIBED IN THE DOCUMENT
RECORDED IN BOOK 435 AT PAGE 230 OF THE RECORDS OF PITKIN COUNTY. THE PROPERTY
BEING SITUATED IN SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER 1/4 CORNER OF SAID SECTION 7 (A 1954 BRASS CAP
MONUMENT, THE 1978 CENTER 1/4 CORNER BRASS CAP MONUMENT BEARS SOUTH 67 DEGREES
20'34" EAST, 2.36 FEET THEREFROM);
THENCE SOUTH 31 DEGREES 26'56" WEST, 1012.65 FEET TO THE NORTHWESTERLY CORNER OF
THE PROPERTY DESCRIBED IN BOOK 435 AT PAGE 230;
THENCE SOUTH 17 DEGREES 4V EAST, 173.64 FEET ALONG THE WESTERLY BOUNDARY OF
SAID PROPERTY TO THE TRUE POINT OF BEGINNING
THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY SOUTH 17 DEGREES 4F EAST, 135.85
FEET;
THENCE DEPARTING SAID WESTERLY BOUNDARY NORTH 47 DEGREES 59'08" WEST, 23.51
FEET;
THENCE NORTH 11 DEGREES 49'20" WEST, 116.16 FEET TO THE TRUE POINT OF BEGINNING.
Our Order No. Q383019-2
LEGAL DESCRIPTION
TOGETHER WITH: A TRACT OF LAND LOCATED ABUTTING THE PROPERTY DESCRIBED IN THE
DOCUMENT RECORDED IN BOOK 435 AT PAGE 230 OF THE RECORDS OF PITKIN COUNTY. THE
TRACT BEING SITUATED IN SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER 1/4 CORNER OF SAID SECTION 7 (A 1954 BRASS CAP
MONUMENT, THE 1978 CENTER 1/4 CORNER BRASS CAP MONUMENT BEARS SOUTH 67 DEGREES
20'34" EAST, 2.36 FEET THEREFROM);
THENCE SOUTH 31 DEGREES 26'56" WEST, 1012.65 FEET TO THE NORTHWESTERLY CORNER OF
THE PROPERTY DESCRIBED IN BOOK 435 AT PAGE 230;
THENCE SOUTH 89 DEGREES 20' EAST, 6.81 FEET ALONG THE NORTHERLY BOUNDARY THEREOF
TO THE TRUE POINT OF BEGINNING
THENCE NORTH 15 DEGREES 31'27" WEST, 6.61 FEET TO A SOUTHERLY BOUNDARY OF THE
HUNTER CREEK CONDOMINIUMS AS RECORDED IN PLAT BOOK 9 AT PAGE 85;
THENCE SOUTH 89 DEGREES 20' EAST, 231.75 FEET ALONG SAID SOUTHERLY BOUNDARY;
THENCE SOUTH 38 DEGREES 36' 13" EAST, 8.20 FEET TO THE NORTHEASTERLY CORNER OF
THE PROPERTY DESCRIBED IN BOOK 435 AT PAGE 230;
THENCE NORTH 89 DEGREES 20' WEST, 235.10 FEET ALONG THE NORTHERLY BOUNDARY OF
SAID PROPERTY TO THE TRUE POINT OF BEGINNING.
EXCEPTING FROM THE ABOVE DESCRIBED TRACTS OF LAND THAT PORTION CONVEYED BY
WILLIAM E. RUSSELL AND WILLIAM M. GRIFFITH TO THE CITY OF ASPEN IN THE DEED
RECORDED JUNE 8, 1993 IN BOOK 714 AT PAGE 435 UNDER RECEPTION NO. 357639.
COUNTY OF PITKIN
STATE OF COLORADO
ALTA COMMITMENT
Schedule B-1
(Requirements) Our Order No. Q383019-2
The following are the requirements to be complied with:
Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be
insured.
Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit:
EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND
PROVISIONS OF THE TOWN OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED.
GOOD AND SUFFICIENT DEED FROM BKA, LLC, A COLORADO LIMITED LIABILITY
COMPANY AND ALICE L. GRIFFITH TO THE GRIFFITH PROPERTY, LLC CONVEYING
SUBJECT PROPERTY.
NOTE: ITEMS 1-3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED.
NOTE: ITEM 4 WILL BE DELETED FROM OWNERS POLICY UPON RECEIPT OF A
SATISFACTORY LIEN AFFIDAVIT.
NOTE: ITEM 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED IF LAND TITLE
RECORDS THE DOCUMENTS REQUIRED UNDER SCHEDULE B-1.
NOTE: UPON PROOF OF PAYMENT OF 2001 TAXES, ITEM 7 UNDER SCHEDULE B-2 WILL
BE DELETED AND ITEM 6 WILL BE AMENDED TO READ:
TAXES AND ASSESSMENTS FOR THE YEAR 2002, AND SUBSEQUENT YEARS, NOT YET DUE
OR PAYABLE.
ITEM 8 UNDER SCHEDULE B-2 WILL BE DELETED UPON PROOF THAT THE WATER AND
SEWER CHARGES ARE PAID UP TO DATE.
ALTA COMMITMENT
Schedule B-2
(Exceptions) Our Order No. Q383019-2
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and
inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and
not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or
attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for
value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office.
7. Any unpaid taxes or assessments against said land.
8. Liens for unpaid water and sewer charges, if any.
9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 24, 1902, IN BOOK 55
AT PAGE 116.
10. RIGHT OF WAY FOR PIPES AND MAINS ACROSS SMUGGLER RANCH, AS SET FORTH IN
INSTRUMENT RECORDED MARCH 18, 1885 IN BOOK 24 AT PAGE 59.
]I. RIGHT OF WAY FOR POLE LINES AND WIRES AS SET FORTH IN INSTRUMENT RECORDED
JANUARY 20, 1887 IN BOOK 29 AT PAGE 582.
12. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF ORDINANCE NO.
19, SERIES OF 1993, RECORDED MAY 3, 1993 IN BOOK 710 AT PAGE 990 AS
RECEPTION NO. 356442 AND RERECORDED NOVEMBER 7, 1995 IN BOOK 798 AT PAGE
938 AS RECEPTION NO. 307120.
13. EASEMENT AND RIGHT OF WAY FOR OVERHEAD POWER LINE AS SET FORTH ON THE
SURVEY OF SUBJECT PROPERTY PREPARED BY LOUIS H. BUETTNER, DATED MARCH 31,
2002.
ALTA COMMITMENT
Schedule B-2
(Exceptions) Our Order No. Q383019-2
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction of the Company:
14. ANY AND ALL PROPRIETARY RIGHTS AND/OR INTEREST IN AND TO THAT PORTION OF
SUBJECT PROPERTY LYING OUTSIDE OF THE RAIL FENCES AS SET FORTH ON THE
SURVEY OF SUBJECT PROPERTY PREPARED BY LOUIS H. BUETTNER, DATED MARCH 31,
2002.
15. TERMS, AGREEMENTS, PROVISIONS, CONDITIONS, AND OBLIGATIONS OF HOLY CROSS
ENERGY, UNDERGROUND RIGHT OF WAY RECORDED AUGUST 17, 1998 UNDER RECEPTION
NO. 434513
EXHIBIT #2
Mr. Chris Bendon, Senior Planner
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: GRIFFITH PROPERTY LLC LOT SPLIT
Dear Chris,
We hereby authorize Alan Richman Planning Services to act as our designated
representative with respect to the land use application being submitted to your office for the
property located at 700 Gibson Avenue. Alan Richman is authorized to submit an
application for a lot split on our behalf. He is also authorized to represent us in meetings
with City staff and the City's review bodies.
Should you have any need to contact us during the course of your review of this application,
please do so through Alan Richman Planning Services, whose address and telephone number
are included in the land development application.
Sincerely,
Griffith Property LLC
Camilla Auger, Managing Partner
709 North Spruce Street
Aspen, Colorado 81611
544-0745
EXHIBIT #3
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Chris Bendon, 920.5072 DATE: 8.15.02
PROJECT: 700 Gibson Lot Split (Griffith property)
REPRESENTATIVE: Alan Richman
OWNER: Camilla Auger
TYPE OF APPLICATION: One Step — Subdivision Exemption for a Lot Split
DESCRIPTION: 12,000+ square foot property in R6 with an existing residence. Applicant wishes to spilt the lot
for the development of one single-family house on one lot and the development of a duplex or
two single-family residences on the second lot. The fathering parcel currently has the right for
two residences. The development proposal requires one additional development right. Subject
parcel is not within the Original Townsite.
Newly created lot split parcels outside of the Original Townsite are not eligible for residential
GMQS exemptions by the Director but may be eligible for a GQMS exemption by
extinguishing an existing City TDR created from the Smuggler Mobile Home Park. Planner
recommends the applicant provide documentation on the City TDR in the application for review
by the City Attomev.
Applicant should deterr ine if legal and physical access from the adjacent Walnut Street is
possible.
Land Use Code Section(s)
26.480.030 Subdivision Exemptions
Review by: Staff for completeness, DRC, City Council
Public Hearing: Yes, Applicant must post property and mail notice at least 15 days prior to the hearing. Applicant
will need to provide proof of posting and mailing with an affidavit at the public hearing.
Referral Agencies: Engineering, Parks, Streets, Zoning, Water, ACSD
Planning Fees: Planning Deposit Minor ($1,205)
Referral Agency Fees: Engineering, Minor ($180)
Total Deposit: $1,385 (additional hours are billed at a rate of $205/hour)
To apply, submit the following information:
1. Proof of ownership.
2. Signed fee agreement.
3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address
and telephone number of the representative authorized to act on behalf of the applicant.
4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current
certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the
names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements
affecting the parcel, and demonstrating the owner's right to apply for the Development Application.
5. Total deposit for review of the application
6. 15 Copies of the complete application packet and maps.
HPC = 12, PZ = 10; GMC = PZ+5: CC = 7; Referral Agencies = I/ea.; Planning Staff=
7. An 8 1/2" by 1 I" vicinity map locating the parcel within the City of Aspen.
8. Site improvement survey including topography and vegetation showing the current status, including all easements
and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado.
(This requirement, or any part thereof, may be waived by the Community Development Department if the project is
determined not to warrant a survey document.)
9. Proposed plat for subdivision.
10. Additional materials as required by the specific review. Please refer to the application packet for specific submittal
requirements or to the code sections noted above.
11. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include existing
conditions as well as proposed.
12. List of adjacent property owners within 300' for public hearing.
13. Copies of prior approvals.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is
subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a
legal or vested right.
Notes:
Existing house does not need to be demolished or otherwise altered to apply for the lot split. Existing non -conformities (prior to the
lot split) may continue for the He of the structure and should be noted on the plat. No new dimensional non -conformities shall be
created by the lot split.
EXHIBIT #4
ASSIGNMENT OF FREE MARKET DEVELOPMENT RIGHT
THIS ASSIGNMENT is given this �5zday of �Q ,, 2002, WEST END
PARTNERSHIP III, LLC, a Colorado limited liability company ("Assignor") to DAVID BELFORD
("Assignee") with reference to the following:
RECITALS
A. By virtue of (i) the Precise Plan and Subdivision Agreement for Smuggler Mobile Home
park recorded in Book 424 at Pages 780, et seg., of the Pitkin County, Colorado real property
records ("Records") and the completion of the development activity contemplated therein,
and (ii) the P.U.D. and Subdivision Agreement for The Pitkin Reserve recorded in Book 423
at Pages 417, et seq., and amendments thereto recorded respectively in Book 447 at pages
59, et seq., and in Book 468 at Pages 853, et seq., of the Records (collectively herein the
"Land Use Agreements"), and the development actively contemplated therein and completed
to date, Aspen Mountain Park, a dissolved Colorado partnership ("AMP") had conferred
upon it by the City of Aspen, Colorado, nineteen freely transferable and alienable free market
development rights ("Development Rights"), which represent exceptions to and exemptions
from the free market development allotment review processes of the Growth Management
Quota System contained in Article 8, Section 8-101, et seq., of the Municipal Code of the
City of Aspen ("GMQS").
B. Six of the nineteen Development Rights were utilized in connection with the six single-
family residential lots comprising The Pitkin Reserve Subdivision and one of the
Development Rights was assigned by AMP to another.
C. In connection with the subsequent dissolution of AMP, the remaining twelve Development
Rights were assigned by AMP to Levin who, in turn, assigned the twelve Development
Rights to AMP.
D. John A. Ellmore II (sic) under Assignment of Free Market Development Right dated April
11, 1989, acquired from AMP one (1) of the Development Rights. John A. Elmore II is the
same person as John A. Ellmore, II. The Assignment to Assignor was recorded April 13,
1989 in Book 589 at Page 944 of the records of Pitkin County, Colorado.
E. West End Partnership III, LLC under Assignment of Free Market Development Right dated
July 31, 2000 acquired from John A. Elmore II the development right referenced in Recital
D above. The Assignment to Assignor was recorded February 26, 2002 as Reception No.
464389
F. Assignor is now the owner of the one (1) Development Right referred to herein.
G. Assignee wishes to acquire from Assignor and Assignor is willing to transfer to Assignee the
one (1) Development Right owned by Assignor.
Page 1
H. The one (1) Development Right herein assigned is different from the two (2) Development
Rights acquired by John A Elmore II and Lionel Yow on February 6, 1989.
WITNESSETH:
IN CONSIDERATION of the foregoing recitals and the sum of Ten Dollars ($10.00) and
other good and valuable consideration passing from Assignee to Assignor, the receipt, sufficiency
and adequacy of which are hereby acknowledged, Assignor hereby assigns unto Assignee the one
(1) Development Right referenced in Recital D, E and F hereof (the "Development Right") and, in
respect of the foregoing Assignment, Assignor warrants that:
1. It is the owner and holder of the Development Right hereby assigned with full and
free right to convey, transfer and assign it to Assignee;
2. The Development Right hereby assigned represents a valid and subsisting exemption
from or exception to the City of Aspen's GMQ.3 approval procedure and is subject
to no limitation except as may be expressed in the Land Use Agreements;
3. That which was required to be done under the Land Use Agreements in order fully
to vest the Development Right and render its use unconditional has been done, and
Assignor will neither do or cause or suffer to be done, by commission or omission,
any act or thing that would defeat, interfere with or impair the Development Right
hereby assigned; and
4. The Development Right hereby assigned will enable Assignee to build one free
market dwelling unit on property on which the same would be permitted to be built
under underlying zoning without having to (a) go through the City of Aspen's GMQS
approval procedure, or (b) provide any employee housing or cash in lieu thereof.
IN WITNESS WHEREOF, this Assignment has been executed and given as of the day and
year first above written.
WEST END PARTNERSHIP III, LLC
a Colorado Iftnited liability company
By:,
k. •��
B rry H pgrin, Manager.
Page 2
STATE OF COLORADO
ss .
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me on the S day of Q ,
2002 BY Barry Halperin as Manager of 2002 WEST END PARTNERSHIP III, LLC, a Colorado
limited liability company, a/k/a West End III Partnership, LLC
WITNESS MY HAND �NV�InL SMy commission expiresa 5/
NtOTARY ?t- IBLIC
STATE Or
(,JLO,:ADO k
D:\Data\Clients\West End Ptr\West End III Ptr, LLC\Sale of TDR\Assignrnent.wpd
Page 3
EXHIBIT #5
September 9, 2002
Camilla Auger
0709 N. Spruce THE CITY OF ASPEN
Aspen, Colorado 81611 OFFICE OF THE CITY ATTORNEY
Re: Smuggler Mobile Park Transferable Development Rights
Dear Camilla:
This is in response to your recent inquiry regarding transferable development rights
(TDR's) created as part of the Precise Plan and Subdivision Agreement for Smuggler
Mountain Mobile Home Park recorded in book 424 at Pages 780, et seq., and a particular
Assignment Agreement for one of those TDR's. The assignment you provided to me was
dated March 1, 2002, between West end Partnership, LLC, as Assignor and David
Belford as Assignee.
I can't give you a legal opinion on the particular assignment of the TDR's you showed
me, but based upon my records can state that the history set forth in the assignment
appears to be correct. As far as I can tell from the records in my office, there is at least
one TDR outstanding, as the original number of TDR's created have not all been
extinguished to date. In sum, I have no reason to believe that the assignment you showed
me is not genuine and derives from the original TDR's created as part of the Smuggler
Mobile Home Park settlement.
I hope the above information is helpful. If you have any questions regarding the above,
please let me know.
Sincerely,
John P. Worcester
City Attorney
130 SOUTH GALENA STREET • ASPEN, COLORADO 81611-1975 • PHONE 970.920.5055 • FAx 970.920.5119
Printed on Recycled Paper
LI
)F OWNERS WITHIN 300'
OF P ERTY
ALLEN DOUGLAS P
ALLEN VIRGIL G
ARMSTRONG MICHAEL D
520 E COOPER AVE STE 230
PO BOX 3765
PO BOX 9092
ASPEN, CO 81612
ASPEN, CO 81611
ASPEN, CO 81612
ASPEN CENTER FOR ENVIRONMENTAL
BACSANYI KARLA S
BANC PATRICIA A
STUDIES
PO BOX 9226
0298 DEER RUN
100 PUPPY SMITH ST
ASPEN, CO 81612
CARBONDALE, CO 81623
ASPEN, CO 81611
BARNARD WILLIAM C
BARRETT WILLIAM A
BARTELL NICHELLE
C/O ZAP HEALTH CLEANING
2418 SANTA BARBARA
PO BOX 4496
PO BOX 8313
SANTA BARBARA, CA 93105
ASPEN, CO 81612
ASPEN, CO 81612
BENNIS CLURIE W REV TRST
BERNARD SUSAN
BECKER JANICE
C/O CLURIE BENNIS
37 ALBERT RD
72 ALDER AVE
515 WALNUT STREET
RICHMOND SURREY TW 10 6DJ
SAN ANSELMO, CA 94960
ASPEN, CO 81611
ENGLAND,
BETTIO JACK A
BITTNER SHIRLEY MARIE
BOWMAN JEFFREY M & MELISSA D
3875 RIDGEWAY RD
945 VINE ST
PO BOX 9230
LAKEHURST, NJ 08733
ASPEN, CO 81611
ASPEN, CO 81612
BROOKES E ALAN
BROOKS MURRAY J
BUDINGER WILLIAM
PO BOX 5764
850 GEORGIA AVE
504 NOAH LN
PLAYA DEL REY, CA 90296
WINTER PARK, FL 32789
KEY WEST, FL 33040
BYRUM ALBERT G JR
BUNEVICH PETER & BRIGITTE
BUSCH JON LOWELL
BYRUM PATRICIA
5301 CRACHER BARREL
548 RACE ST
100 LEATHERWOOD CIR
COLORADO SPRINGS, CO 80917
ASPEN, CO 81611
MARTINSVILLE, VA 24112
CARDER FAMILY INSURANCEPARTNERSHIP
CANAS STEFAN
CANTER JERRY & MARC E
4815 SUGARLOAF RD
PO BOX 50443
C/O WALTERS AMY CARDER
BOULDER, CO 80302-9219
SANTA BARBARA, CA 93150
40 MULE DEER TRL
LITTLETON, CO 80127
CENTENNIAL ASPEN
CHAPMAN HARVEY G JR & RUTH J
CAREY PATRICIA
A LIMITED PARTNERSHIP
717 KUPULAU DR
14
PO BOX 1440
100 LUKE SHORT CT
KIHEI, HI 96753-9349
ASPEN, 81612
ASPEN, CO 81611
CLAFFEY WAL TER W TRUST
CHRISTENSEN CAROLINE I
CITY OF ASPEN
C/O ZAP HOUSE CLEANING
PO BOX 9195
130 S GALENA ST
PO BOX 8313
ASPEN, CO 81612
ASPEN, CO 81611
ASPEN, CO 81612
U k,IPly , Address
:-aser 5160@1
UJC LCIII idle IOf �1bU"
.J.0001 CCU SIICCI�' N
CLAYTON LAURIE COATES JOHN J JR & MARY ANN COLLINS CHARLES & JANICE
PO BOX 5004 PO BOX 25277 531 W GILLESPIE AVE
ASPEN, CO 81612 OKLAHOMA CITY, OK 73125 ASPEN, CO 81611
CREEKSTONE ASPEN LLC CROUCH DAVID DANFORTH DAVID N
4545 POST OAK PL STE 100 1323 CHESAPEAKE AVE 2A PO BOX 1863
HOUSTON, TX 77027 NAPLES, FL 34102 ASPEN, CO 81612
DAVIS SILVIA
DEQUINE SHARON L
DIXON DONA J
509 RACE ST
713 VINE ST
924 VINE ST
ASPEN, CO 81611
ASPEN, CO 81611
ASPEN, CO 81611
DOWELL RONALD R
DRISKELL DOUGLAS
DUNCAN JOHN
DOWELL MARSHA S
200 COTTONWOOD LN
JOHN H DUNCAN SUITE 432
2 APPLEWOOD CT E
ASPEN, CO 81611
109 N POST OAK LN
PERRYSBURG, OH 43551
HOUSTON, TX 77024-7755
DUPPS RALPH LOUIS III
FABER JOHN A
FABRIZIO BRUCE P & JUDITH
PO BOX 3662
1401 W PACES FERRY #3401
15922 PACIFIC COAST HWY
ASPEN, CO 81612
ATLANTA, GA 30327
HUNTINGTON HARBOUR, CA 92649
FRANKEL MARIETTA C FREI MURIEL GREENWALD ALAN
280 EL PUEBLO WY PO BOX 2171 PINE BROOK TIRE CO
PALM BEACH, FL 33480 ASPEN, CO 81612 295 CHANGEBRIDGE RD
PINE BROOK, NJ 07058
GRIFFITH ANGELINE M HABBERSTAD PAUL
530 WALNUT ST PO BOX 8091
ASPEN, CO 81611 ASPEN, CO 81612
HAGEN CHRISTINE HARRIS DAVID G & MARGARET ANN HARRISON WILLIAM E & CANDACE S
PO BOX 9313 533 SPRUCE ST PO BOX 7906
ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81612
HAUENSTEIN WARD & ELIZABETH HAUER MINEKO HEATH JESSE B JR & HETTA S
535 SPRUCE ST 202 COTTONWOOD LN 606 N SPRING ST
ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81611
HECKER ROSE ROSENFIELD AND HELLER PEGGY JO HORN MICHAEL A
ROSENFIELD ANITA 38817 LOBELIA CIR P O BOX 10973
250 RAINTRAIL ROAD PALM DESERT, CA 92211 ASPEN, CO 81612
SEDONA, AZ 86351
�� AVERY'- Address Labels Laser 5160®
HUNT W L & GAYLE G LVG TRST
4939 MEADOWLARK DR
EL PASO, TX 79922
HUNTTING STANLEY R & MARGARET A
PO BOX 505
ALLENSPARK, CO 80510-0505
ILICH MARK
1132 VINE ST
ASPEN, CO 81611
KERR MICHAEL KRIS LIVING TRUST
1006 LAUREN LN
BASALT, CO 81621
LAI RICHARD TSENG-YU AND
LAI BARBARA ELLEN
5731 E VOLTAIRE
SCOTTSDALE, AZ 85254
HUNTER CREEK 1045 PARTNERSHIP
A MINNESOTA GENERAL PARTNERSHIP
4428 YORK AVE SOUTH
MINNEAPOLIS. MN 55410
HYDE ARTHUR C JR
PO BOX T
ASPEN, CO 81612
JENNINGS RICHARD M
1004 VINE ST
ASPEN, CO 81611
KLUG CHRISTOPHER J
911 VINE ST
ASPEN, CO 81611
LANGE CHADWICK S JR
300 AABC STE M
ASPEN, CO 81611
HUNTER CREEK LLC
2120 N SEDGWICK
CHICAGO, IL 60614
HYKEN MICHELLE R 10%
1128 VINE ST
ASPEN, CO 81611
KAUFMAN STEPHEN M FAMILY TRUST
3 RIVERWAY STE 1350
HOUSTON, TX 77056
KRAHE CATHLEEN M TRUST
PO BOX 11426
ASPEN, CO 81612
LARSON WENDY L
1316 VINE ST
ASPEN, CO 81611-3277
LAURISKI STANLEY E & ROSE M LEONARD LINDA UND 1/2 INT LEONARD LINDA SCHIERSE
PO BOX 803 CHAPMAN KEITH KAREN & KATHY UND 1048 VINE ST
ASPEN, CO 81612 1/2 12213 206TH PL SE ASPEN, CO 81611
ISSAQUAH, WA 98027-8533
LUU CAM THU
435 E MAIN
ASPEN, CO 81611
MANIE MICHAEL B
PO BOX 11373
ASPEN, CO 81612
MCCOY MARY L 1/3
811 VINE ST
ASPEN, CO 81611
MELVILLE SUSAN
333 E DURANT AVE
ASPEN, CO 81611
LUU TONY
PO BOX 795
ASPEN, CO 81612
MARTINSON FREDERICK K
PO BOX 3186
ASPEN, CO 81612
MCDONAGH THOMAS G
340 W 57TH ST STE 10P
NEW YORK. NY 10019
MENDELSON MEL I
MENDELSON ROBERTA L
5412 FRANCISCA WAY
AGOURA HILLS, CA 91301
M R PECK CO
240 E 76TH ST
NEW YORK, NY 10021
MAYER HOWARD & PAULINE
PO BOX 333
ASPEN, CO 81612
MCDONOUGH ROBERT P
812 VINE ST
ASPEN, CO 81611
MIRIN BERNARD
PO BOX 7681
ASPEN, CO 81612
n A`1iERYAddress LaaeEs Laser 5160®
MOCKLIN HOMEOWNERS ASSOCIATION MOCKLIN PETER & MONICA M MOORE THOMAS P & TERRY L
LLC PO BOX 807 102 RAMA RD
4545 POST OAK PLACE STE 100 ASPEN, CO 81612 BEAVER FALLS, PA 15010
HOUSTON, TX 77027
MUHICH JOE ESTATE OF NEWELL GEORGE NUGENT KATHRYN M LIVING TRUST
C/O ANGELINE GRIFFITH PO BOX 2179 THE TAMALPAIS
530 WALNUT ST BOULDER, CO 80306 P O BOX 6690
ASPEN, CO 81611 SNOWMASS VILLAGE, CO 81615
OAKES KEN ORTIZ MICHAEL OSTER JEREMY
204 COTTONWOOD LN 520 WALNUT ST P O BOX 11689
ASPEN, CO 81611 ASPEN, CO 81611 ASPEN, CO 81612
PARIS JOHN H PARKS CAROL S PAULSON WILLIAM T
2222 SANTA MONICA BLVD 200 NEWBURY PO BOX 7693
STE 301 BOSTON, MA 02116 ASPEN, CO 81612
SANTA MONICA, CA 90404-2307
PEEPERS HOLLOW LLC PERLOV FRANK A PRYMAK BILL
134 W HOPKINS AVE 2626 E 4TH AVE 1530 W 10TH AVE
ASPEN, CO 81611 DENVER, CO 80206 BROOMFIELD, CO 80020
RACHILLA KALA M RAUCHENBERGER CARL & MERILYN RIDLING JERRY B & MURIEL M
PO BOX 3184 1127 S OLD WILKE RD #102 1110 STONYBROOK DR
ASPEN, CO 81612 ARLINGTON HEIGHTS, IL 60005 NAPA, CA 94558
ROSIN RICHARD & DRITA SANDERS RICHARD ALLEN SARNO JOHN J JR 2001 REV TRUST
28246 FRANKLIN RD 2041 BROOKHIGHLAND RIDGE C/O MARY ANN SARNO TRUSTEE
SOUTHFIELD, MI 48034 BIRMINGHAM, AL 35242 6 EUSTIS ST
STONEHAM, MA 02180
SELLARS KAREN E SHERMAN YONEKO SUZUKI SHIFRIN CAROLINE
PO BOX 8862 1001 VINE ST 947 VINE ST
ASPEN, CO 81612 ASPEN, CO 81611 ASPEN, CO 81611
SHORE JILL SHOSTAC DAVID SKADRON STEVEN J
PO BOX 8673 SHOSTAC ALEXES 1022 VINE ST
ASPEN, CO 81612 2509 AIKEN AVE ASPEN, CO 81611-3272
LOS ANGELES, CA 90052
SMITH JAMES F & N LINDSAY SMITH NANCY ROSS SPEER CHRISTINE
6542 WESTCHESTER 315 J WILLRICH CIR 1400 VINE ST
HOUSTON, TX 77005 FOREST HILL, MD 21050 ASPEN, CO 81611-3292
� , AVERYO Address Labets Laser 51600
-�1110%Jc.11 f'CCU J011CCib'
-D.- ,;... Nuxlc IVI JIU�
STALLONE ROBERT A
1049 VINE ST
ASPEN, CO 81611
TANGUAY MICHAEL L
319 AABC #G
ASPEN, CO 81611-3516
TOWNSEND R JAMES
PO BOX 8145
ASPEN, CO 81611
TULLY LISA
908 VINE ST
ASPEN, CO 81611
STANLEY NANCY C
8918 BURTON WY #4
BEVERLY HILLS, CA 90211
TAYLOR LAKE EQUITY VENTURE LLC
728 E FRANCIS
ASPEN, CO 81611
TRAN DANNY
0716 VINE ST
ASPEN, CO 81611
UHLHORN FLORENCE M
991 ISLAND PARK DR
MEMPHIS, TN 38103
VOLK RICHARD W FAMILY RESID TRUST WEIL JONAS
1 /2 PO BOX 7963
2327 MIMOSA DR ASPEN, CO 81612
HOUSTON, TX 70719
WENDLING NAN JEAN
1335 VINE ST
ASPEN, CO 81611-3378
WHITNEY PATRICIA A
1030 VINE ST
ASPEN, CO 81611
WILLARD CHARLES LAWSON IV
238 PRESIDIO AVE
SAN FRANCISCO, CA 94115
WOLOSHIN MELVYN A & ROBERTA S
PO BOX 7107
WILMINGTON, DE 19803
WENZEL KAREN M
1125 VINE ST
ASPEN, CO 81611
WIENER WILLIAM B JR
333 TEXAS STE 2375
SHREVEPORT, LA 71101
WILLIAMS DONALD R & NANCY
365 LARIMORE VALLEY DR
WILDWOOD, MO 63005
YOUNG DENNIS & ANDREA
PO BOX 133
ASPEN, CO 81612
STITT KENDRA LEIGH IRREV TRUST
1450 SILVER KING DR
ASPEN, CO 81611
TORNARE RENE
308 W HOPKINS AVE
ASPEN, CO 81611
TRAN HONG HUONG
814 W BLEEKER ST #C1
ASPEN, CO 81611
VILIS PASTS
30 WILLETT POND DR
WESTWOOD, MA 02090
WEISS RONALD K & JODI L
3000 TOWN CENTER STE 540
SOUTHFIELD, MI 48075
WERTZ JEFFREY LARKIN & LIMOR Z
PO BOX 3865
ASPEN, CO 81612
WIENER WILLIAM B JR
401 MARKET ST #1110
SHREVEPORT, LA 71101
WIMBERLY THOMAS FELTON III
9325 STEAMBOAT ISL RD NW
OLYMPIA, WA 98502
ZUPANCIS ROBERT L
PO BOX 11481
ASPEN, CO 81612
Vl� AVERY Address Labets Laser 51600
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PROPERTY, LLC
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ALPINE 9:34 4 50'15 40 P
r 0: OF THIS S'-•RYEYOD T SECTION 7. TOWNSHIP 0 SOUTH. RANGE 84 WEST OE THE MOTH PRNCIPAL MERKNAN
PROPER tr CORNER POSH' a CITY OF ASPEN. I!TKN COUNTY. COLORADO
ET
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SURVCYOR'I CERTRCAIE
P'SiY ti
'
US I, LOUTS M. SUETi NCR• A REG'7ERED LAID SURVEYOR N THE STATE a
w C OLORIDO, UO HEREBY CONE IRY THAT THIS SUWIVISION EXEMPTION PLAT
-
Bar WIF, STEEL ROD WITH a .4Y
CAST 92.52E -
LOT 7
I'
Pr^ w45 uME TROY FKLD I0i[5 a SURVEYS a TK DESCRIBED PROPERTY
YI^ �.ti 5 4a� MADE BY MYSELr, OR UNDER NY DIRECT RESPONSIBILITY, SUPERVISIOIL
YELLOW PLASTIC CAP MARRED
!
< AP AND CHECIOMO THE MOIMKNTAYION DIOWM NEKON FOR THE PROPERTY
6UE1rNEp IS166
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+�` CORNERS WAS fgUHI1 W SEI rW THESE SURVEYS. ALL DREN910N4 AND
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-
9
EYEMITKN PLAT WAS REVIEWED AND APPROVED BY THE DIRECTOR OF
--------�
COMMIM Y DEVELOPMENT DEPARTMENT Or THE CITY OF ASPEN, INS ----
CURVE DATA
\' '• ,�
DAY OF .._... _. 2011
r
-' - -------------
C !
DEL IPA -UPON OJ'
L07 C J LCC C 5--'
DELTA 52'14.06' DELu It'T9'S6'
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LOT C 4 LCf C 6
DELTA : 0Y35.47- DELTA - 13'S4'09-
\
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TNf3 PLAT WAS 'RFD FOR RECORD N TK OFFICE OF TIE CLERK AMC
RECORDER AT -DATA_ ___ -_ O'CLOCK _= L.-THE_ ..._DAY a
_. 200. AID IS RECORDED N BOON
RAOI US-334 J0
ANC-203 23
RADIUS a 334.30 RADUS . 334.30'
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NOTES
I. THE BASIS OF KARNOS FOR TINS SURVEY WAS THE RECORD KA"C FROM THE HI76
BUREAU a LAID MANAGEMENT SURVEY OF NORTH 00'59.4• EAST, BETWEEN THE 1976
RAW BRASS CAI MONUENT FOR THE SOUTH QUARTER COINED Of SECTION 7, TOWNSHIP
0 SOUTH, RANGE 84 WEST OF THE SIXTH PRNCOAL MERIDIAN AND THE 1976 BEY
BRASS CAP MONUMENT FOr THE CENTER OF SAID SECTION 7.
2. THE DOCUMENTS US FED BELOW ARE DOCUMENTS USED N ASCERTAINING THE LOCATION
OF THE PROPERTY. THESE MAY EXIST OTHER DOCUMENTS OF SECOND THAI WOULD
EFFECT THIS PROPRIY BOUNDARY AID ARE L W*k TO SURVEYOR,
BOOK PAGE
HIS SS
255 780
364 472
3M 308
40z 802
4S5 230
469 776
714 432
IN 435
CITY OF
ASPEN ORDNANCE W0 19. SERIES OF NOW
THE HUNTER CREEH SUEDVISTON. NEAT BODE M AT PAGE 8-
3. THIS SURVEY DOES HOT CONSTITUTE A TITLE SEARCH BY SURVEYOR
TO DETERMINE TITLE OR EASEMENTS OF RECORD. ADDITIONAL
RESEARCH FOR THIS SURVEY WAS PENONKO N ACCORDANCE WITH
COLORADO REVISED STATUTES 36-61-06 AND THE RULES Or
PROCEDURE AND BOARD POLICY STATEMENTS OF THE STATE BOARD Of
PROFCSSIONAL ENGINEERS AND PROFESSIONAL LAID SURVEYORS.
SK FCALLY THOSE BOARD RULES AND POLICT STATEMENTS
RELATNG TO THE DEPICTION OF EASEMENTS AND RIGHT -Or -WA', ON
SURVEY PLATS. THE TITLE CoL88TNENT FROM LAND TITLE
GUARANTEE COMPANY• NO. 0303019, DATED MARCH 2% 2002 WAS
RELIED IRON FOR ALL KOIMAtIO VE"MPO EASEMENTS. RIGM-S-
Or-WAY. TITLE, AM ME. COUST ACTIONS a RECORD.
A THIS PROPERTY IS LOCATED ON THE PTION COUNTY, COLORADO AND
INCORPORATED ACAS. NATIONAL FLOOD OSMAN" PROGRAM, FLOOD
INSURANCE RATE MAP DATED JU E 4, IS87, COM WMTY-PANDL
HATER 06097 CO 204 C. THE PROPERTYR WIrM TIE ZONE 'X-.
OR N THE AREA OUTSET THE 300-YEAR FLOOD PLAN,
5 NO M THEA 311BDV!SUH Or THESE LOTS MAY K GRANTED. NOR
WILL AGOTNNAL VATS BE SURT WITHOUT RECEIPT OF
SLWDVISION APPROVAL PURSUANT TO SECTION 26.480 AM GROWTH
MANAGEMENT ALLOCATIONS PURSUANT TO SECTION 26.470 OF THE
ASPEN LAND USE CODE.
CRY COUNTS. APPROVAL
THIS PLAT OF TK GRIFFITH PROPERTY, LLC LOT SPLIT UMNSUM
EXEMPTION PLAT WAS REVE`MED AND AM41MO BY M CITY COINCL OF
THE CITY OF ASPEN• THIS ------ DAY OF
---------------------------- 200___. AS A SUSDNISION EXEMPTION
SIDED THS ___. _ DAY OF ------------------- ICJ___.
"FOR
ATTEST__ ---------------------------
CITY CLERK
CITY ENDIIEER'S APPROVAL
THIS PLAT OF THE WiTTT11 PROPERTY. LLC LOT SPLR SUMV•50N
EXEMPTION PLAT WAS REVIEWED AND AIMOVW BY THE CITY EMINIVER Of
THE CITY OF ASPEN. THIS ____ DAY OF -------------- 2DO___.
CITY ENOREER
CERTRICATKN Or OWNERSHIP AM DEDKATION
KNOW ALL BY THESE PRESENTS THAT THE GRIFFITH PROPERTY, LLC. A COLORADO LISTED
LIASLRY COMPANY, KING TIE OWNER. MORTGAGEE W LEN HOLDER OF CERTAIN LANDS N
THECITY OF ASPEN, NTKN COUNTY, COLORADO, DESCRIBED AS FOLLOWS:
THE EASTERLY 70 FEET. WIDE OR LESS. OF LOTS IS AID HI. KOCK 2. WILLIAMS
AOMTIOIL CITT or ASPEN. N RUN COUNTY, STATE OF COLORADO. WITIBN THE
HG[ITHWEST QUARTER a THE SOUTHWEST QUARTER OF SECTION 7, TOWNSONP D SOUTH,
RANGE 64 WEST OF THE
SIXTH PRINCIPAL MERMAN
ALSO
A TRACT Of LAND SITUATED N THE MWTHEAS` QUARTER SOUTHWEST QUARTER Of SECTION
7. TOWNSHIP 10 SOUTH. RANK 64 WEST OF TIE SIXTH PRINCIPAL WOMAN. CITY OF
ASPEN, PITXN COUNTY, COLORADO. SAID TRACT OF LAND IS MORE FULLY KSCRKD AS
FOLLOWS'
COOK AT THE CENTER QUARTER GORIER OF SAD 7, (A T954 MASS CAP MONUMENT,
THE On CENTER QUARTCR COPPER PASS CAP NQIDNENT SEARS SOUTH 67'20.54' EAST. A
DISTANCE OF 2.36 011Jk
THENCE SOUTH 3r 26.34- WEST, A DISTANCE OF IOQ.65 FEET 10 THE NORTHWESTERLY
CORNER Of THE PROPERTY DESCRIBED ON THE DOCUKN/ RECORDED N IOOR 435 AT PAGE
230. THE TRINE PONY OF KCPNNO;
TIERCE SOUTHERLY ALONG SAID PROPERTY WESTERLY BOUNDARY SOUTH
nor EAST. A DISTANCE OF 17364 FEET To THE TOLE PORT OF
KFMNG Of THE PROPERTY DESCRIBED ON THE DOCUMENT RECORDED M
BOOK 714 AT PACE 432;
HENCE SOUTHERLY ALONG SAD PROPERTY WESTERLY BOUNDARY SOUTH
IT'46'20- EAST, A DISTANCE Of 14.16 FEET;
THENCE SOUTH 47'WOB- EAST, A DISTANCE OF 84.94 FEET TO t1E
NORTKASi[RLT COPPER a TIE PROPERTY CESCUE ABTD ON THE DOCMT
RECORDED N SOM714 AT PACE 435 APED A PONT ON THE EASTERLY
BOkWaY ARC DESCRIBED ON THE DOCUMENT RECORDED N BOOR 435 AT
PACE 230;
THENCE NORTHERLY ALONG SAD ARC 3M.As FEET, THE RADIUS OF SAD
ARC BEING 334.30 FEET. (THE LONG CHORD SEARS MOUTH 0'30.31-
EAST, A DISTANCE Of !SORB FEET), TO THE SOUTHEASTERLY CORNER Of
TK PROPERTY DESCRIBED ON THE DOCUMENT RECORDED N BOOK 714 AT
AO[ 432;
THENCE NORTHERLY ALONG SAD PROPERTY EASTERLY BOUNDARY NORTH
3816.11- WEST, A DISTANCE or 0.20 FEET:
THENCE WESi[PLY ALONG SAD PROPERTY NORTHERLY BOUNDARY NORTH
89'20' WEST. A DISTANCE OF 231.75 FEET:
THENCE SOUTHERLY ALONG SAD PROPERTY WESTERLY BOUNDARY SOUTH
15'3r27- EAST. A DISTANCE OF 6.41 FEET:
THENCE DEPARTING SAD TRACT OF LAND NORTH 89'20• WEST, A DISTANCE
Or 6e1 FEET TO THE TNK PONT Or KOR6MC.
THE ABOVE DESCRIPTION REPLACES THE DESCRIPTION FOR THE PROPERTY
DESCRIED ON THE RECORDED DOCUMENT AS RECEPTION NO. 467183.
THE ABOVE NEKAC16KMT DESCRIPTION WAS WRITTEN BY
LOSES It BUETTNER
0040 WEST SOPNS CKEK ROAD
BASALT. COLORADO
270-927-3611
DOES HEREBY PLAT TONS REAL PROPERTY LODON THE NAME AND STYLE OF
GRIFFITH PROPERTY, LLC LOT SPLIT SUBDIVISION EXEMPTION PLAT.
OWNER DAM[
STATE OF COLORADO I
n5
COUNTY or ----------
THE FOREGOING CERTBICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
-------- ---- ---------. 2o0__, BY -------
MY COMMISSION EXPERTS:____________________ .
WRMESS MY HARD AND OFFICIAL SEAL
NOtARY PUBLIC
TITLE CENTIFICATE
THE UNDERSIGNED. A DLLT - AUTHORIZED REPRESENTATIVE Or A
CORPORATE TITLE NSIIRER REGISTERED TO DO BUSMESS N PITMEN
COUNTY, COLORADO. DO HEREIV CERTIFY, THAT THE PEJ"S) LISTED AS
OWNER(S) ON THIS FLAT DO HOLD FEE SIMPLE TITLE TO rHE WRNH
DESCRIBED SEAL PROPERTY, FREE or ALL LENS AND ENCIIMANCES
EXCEPT TH03E LISTED ON THE TITLE IMPRAMCT COWTIEIRS
N0.(5)---------------------- __---------------------
EFFECTIVE ------------------------ R[SKCTIVILY. ISSUED BY
___ _ _ _ __ _ _ ___ _ _ __, ALTHOUGH WE KLEVE THE FACTS
STATED ARE THE, THIN CERTIFICATE 6 NOT TO K COMSTRMED AS
ABSTRACT a EHLE. NW AN ORDER OF TITLE, MINI A GUARANTY OF
TITLE, AND Ii 6 UNDERSTOOD DD ASKED THAT
ONTAIED HEKK WITHER ASSIIY[5. HOP WILL WECNMOEO WRN ANY f61AlIC1AL pLDATIaI W IMBLRT WHATEVER ON
ANY STATEMENT C
ADDRESS
STATE a COLORADO )
Ks
COUNTY OF ----------)
THE TITLE STATE" HEREON WAS ACAMDWI.EDOW BEFORE ME THIRD DATE.
------'-------------.Moo---'eT---------------------- _..
___________________________________ (TITLE COMMpANY)
MY COMMISSION EXPKS.------------------- _____-__-
WITHESS MY NAND AND OFFICIAL SEAL
i3lTii TN
PEN' 01 KCNRNO
S 69'20' C 6 a`
� :FN.[R lH.'AR7[R :9PMP
SCl IXM.' > NOS. 46GN 6•� rr
h
SE j/S/6' STffL ROD
RI TH
I B!LOR PI e51:C uARKED
i
HUNTER CREEK CONDOMINIUM
R 23, 75
__ i •_._ _ 1� 235.10'
'AIL EF.NCE$
POSSIBLE EWROACHWHr NEW PROPERTY DEEDED
TRUE PANT OF KWIIING EXHIBIT •C' CITY Or ASPEN BOON 7. AT PAUL 132
ORDNANCE ND. R (SERIES Or 1993)
BOOK 714, PAGE 432
\ EXHIBIT 'E-
ORDNAME 19 USENES OF R93)
YELLOW PtAST CAv -11E0
BUETTNER 13106
TRUE PONT OF BEGINNING-�
BOOK 714
, PAGE 432
SCALE I 1. 30 F TT .n x
MW PROPERTY NTOTO FROW S.
CITY OF ASPEN 900k 714 Al PAGE 432
CURVE OAT.
C I : 3 (BOW 435 PAGE 230)
OEL!A-16.06 03' a 404.52-
RADIVS-334 M CHORD . N 15'13'33' E
ARC-105. 8 , }BO.2T
CHORD-105 17
BEARING-N .0.22 05' R
C 2 C I
DEL TA•3.•a9 53 A e 36.76'
RAD!US-33a 30 OFs }ya.30'
RC-203 21 CHORD s N R'St'S2' w
CHORD-200 1.SOY .7a'
BEARING-N 50.28 33' E
Lout] w NETT16r tINH'IB
.1.WINA.P . 1 FW- (WRIT ANp
F al
R7oM]r-y.1
SET 5/8- STEEL ROD RIIH
YELLOW PLASMIC CAP IAIR
/J
/ EifC1P
Y' PRrIR
BVEI iNER IS16C
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raLL
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PRIVACY
A
1
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COUN' 518 STEEL POE NIT'
Y EP':OW r.-AS`.f CAP VA F.i•
a'VF 918. V 50'15 ae' .
'1 OF THIS SURVEYOR S
PROPEAI• CORKER POS:T.ON
I
N 38'3611' w 6.20•
'DISTINCT TYPO SHOULD BE 82P
1.Ei 518' S'EE, Act, A-
+,LLON PLASTIC (AP V:PKCD
81E I14P 3 68
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;n1 5
BOOR a35 PAGE 230
5 69. 10 E 97 9
SET ]:H' 51EIF IF A-
IE.I OR ...AST:: FAR
B VEINIER 'I'm
TRUE PENT O KGRRRMG - SFr \ 1
309.a9' BOOM Ill, PAGE a35 1 r'•r6•Lod'
\ E
PART OF ORIGINAL PROPERTY DEEDED \\ I!\. JO•
TO THE CITY OF ASPEN \`
BOOK 714 AT PAGE 435
FIHIBIT
ORDNANCE R (MINES OF 1993�
GIBSON '4V
ENURE aas'`\
J�
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V 69'2G R 35
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ly
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OROPUNCE R
(SEWS Of R931
I
LOT 12
RtNE 55 CORNER 7 vO. IHER. '
ALONG ARC 1
SET 5�o' STEEL ROD •ITN
YELLOW PLASTIC CAP WRAES
NE TIMER 13168 RC .:.T
Api�R AUppINR T. AN. W tau IIrIt ..11IBIYCX ut LPNµ
aT oASD ,RIG AP m0R :. INII IUW t Iw 11BSE 'rfuf
rtF ♦.Y -IT .-IT rA7r WtcT. w. ETIEHY W
1 NH. •1s wr PERM �w M11 IWH� H CBP[wa4 1oA[
TIW TEY HHB FI> M Nit FF lIR Flw•:r1N•1> MWWI •EH.R
MPROVEWENT SUR'iEY
SECTION 7 TONSHIP .0 SOUTH RANGE la WEST OF THE SIXTH PRINCIPAL MERIDIAN
GRIFFITH - RUSSELL
PROPERTY
700 GIBSON AVENUE
ASPEN COLORADO
MOPERTY DESCRIPTION
BOOK 435 AT PAGE 230
THE EASTERLY 70 TEXT, MORE OR LESS, O LOTS 15 AM B, BLOCX 2. WILLIAMS
ADDITION. ASPEN, N NTKN COUNTY, STATE Or COLORADO. WITH THE NORTHEAST OUARTTR
Of THE SOUTHWEST QUARTER OF SECTION •. TOWNSHIP 7 SWTN, RANGE 84 WEST OF THE
SIXTH PRINCIPAL MENDTAN.
ALSO
A FRACI OF LAND SITUATED N THE NE1/liwl/a M SECTION 7. TOWNSERP 10 SOUTH,RANGE 61 WEST M THE SIXTH PRINCIPAL MERIDIAN, MORE FULLY DESCRIED AS FOLLOWS
KG"" AT A PONT ON THE EASTERLY SIDE Of PUBLIC ROAD WHENCE THE CENTER OF
SATO SECTION 7, MASS CAP N PLACE KARS
N 3T26'S6' C O12b5 FEET:
THEM, SO
n'aTE SERFS FEET;
1HEMCE S 45'N-OS- E 73.91 FEET:
THENCE 10a.52 FEET ALONG THE AMC OF A CURVE TO THE MIGHT, THE CHORD OF WHICH
EARS N 13'13.33" E 3W.29 FELT:
GIFTWE M 89'20'W 241.91 FEET TO THE POINT OF BEGINNING
701ETHER WITH BOOK 714 AT PAGE 432
A IRACI ON LAND ABUTTING THE PROPERTY OESCRWD N THE DOCUMENT RECORDED N ROOK
4
15 AT RAGE 230 OE THE RECORDS OF NTKN COUNTY, THE PROPERTY KNG SITUATED N SECTION 7. TOWN" O SOUTH, RANGE 84 WEST Or THE SIXTH PRINCIPAL M[RNAK
MORE FULLY DESCRIBED AS FOLLOWS:
:.DWEWNG AT THE CENTER 1/4 CORNER Of SAD SECTION 7 (A 954 MASS CAP
MDMlAENI, IHE CENTER 1/4 COMB BRASS CAP MONUMENT FEARS SOUTH 67-20.31• EAST,
236 FEET THEREFROM);
I ONCE SOUTH 31'26'S6" WEST, 1012.65 FEET TO THE NORTHWEST CORNER OF THE
PROPERTY DESCRIBED N BOOK 435 AT PAGE 230;
THENCE SOUTH 17'4r EAST, 173-64 FEET ALONG THE WESTERLY BOUNDARY O SAID
PROPERTY TO THE TRUE PONT OF BEGINNING;
THE E COMTINBO ALONG SAD WESTERLY BOUNDARY SOUTH 17'41' EAST. 133.86 FEET
THENCE DEPARING SAID WESTERLY BOUNDARY NORTH 47'52`011" WEST. 23.51 FEET;
THENCE NORTH N'49'20- WEST, I11.16 FEET TO THE TRUE PONT OF KORNNG.
TOGETHER WIT. A TRACT OF LAND LOCATED ABATING THE PROPERTY DESCRIBED N TK
DOCUMENT RECORDED N 9001 435 AT PAGE 230 OF THE RECORDS Or NTKN COUNTY. THE
TRACE KID STUATED N SECTION 7. ICAY 6P 10 SOUTH. RANGE 84 WEST OF TM SIXTH
PRNCPAL MEREXAN MOIRE FULLY DESCRIBED AS FOLLOWS
OME.CNG AT INE CENTER 1/4 COMM OF SAID SECTION 7 (A MASS CAP MONUMENT THE
1978 CENTER 1/4 CORNEIR MASS CAP MONUMENT BEARS SOUTH 67'20'54' EAST. 2.39 FEET
YMREFROMI}
THENCE SWTN 31'26'56- WEST. OT2.65 FEET TO THE NORTHWESTERLY CORNER Of THE
PROPERTY DESCRIBED N 900K 435 AT PAGE 230;
THENCE SOUTH W20- EAST, 6.51 FEET ALONG THE "THEORY 9OODARY THEREOF TO 'M
TRUE PONT M BEG9ND:
INZWE NORTH 15'31'27' WEST. 6.61 FEET TO A SOUTHERLY BOUNDARY OF THE HURIIER
CREEK COIDOMNS AS RECORDED N PLAT BOOK 9 AT PAGE 65:
THENCE SOUTH 6E20- EAST. 231.75 FEET ALONG SAD SOUTHERLY BOUNDARY:
1NENCE SOU IN 35'36'13- EAST. 8.20 FEET TO THE NORTHEASTERLY CORNER OF THE
PROPER T. DESCRIBED N BOOR 435 AT PAGE 230
THENCE NORTH 89'20' WEST. 235.10 FEET ALONG THE NORTHER• BOUNDARY O SAD
PROPERTY TO THE TWA PONT OF BEGINNING
EXCEPTING FEIGN TK ABOVE DESCRIED BOOK 7M AT PAGE 435
A TRACT OF LAND LOCATED WITHINTM PROPERTY DESCAIED N THE DOCUMENT RECORDED
N BOOR 435 AT PAGE 230 OF M ACCORDS OF PITKN COUNTY. THE PROPERTY RING
SITUATED N SECTION 7. TOWNSHIP O SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL
MERIDIAN. MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENICP 1/4 CORNER OF SAID SECTION 7, (A Rya MASS CAP
MONUMENT. THE R7B CENTER I/l COPPER MASS CAP MONUMENT KARS SOUTH 67'203.•
EAST, 2.36 FEET THEREFROM); THENCE SOUTH ST26'56' WEST. DELISS FEET TO THE
NOR IHwESTERY CORNER OF THE PROPERTY DESCRIBED N BOOR 435 AT PAGE ISO, THENCE
SOUTH E7'ar EAST, 309.49 FEET ALONG THE WESTERLY BOUNDARY OF SAID PROPERTY In
THE TRUE PON Of KOINING; THENCE CONTINUING ALONG SAD WESTERLY BOUNDARY
SOUTH 17'41• EAST, 27.46 FEET TO THE SOUTHWESTERLY CORNER; THENCE SOUTH
4YA-05' EAST, 73.91 FEET ALONG THE PROPERTY SOUTHERLY BO NELRY TO THE
SOUTHEASTERLY CORNER THEREOF; THEME NORTHWESTERLY ALONG A CURVE TO THE RIGHT
36.76 FEET, THE RADIUS FOR SAO COVE KING 334.30 FEET, (THE LONG CHORD KARRO
NORTH R'5!'52- WEST, 38.74 FEET} THENCE NORTH 47'59'06' WEST, 65,13 FEET TO
THE TRUE PONT OF KGRWNG. CONTAR6NG 1022.0I SOUARE FEET MORE DR LESS.
COUNTY OF NTXN
STATE OF COLORADO
NOTES
t. IN ORIONAL PLAT (MAP) MINT PREPARED AS A POIOPIAL REPORT OF SURVEY BEAR`
AN ORIGINAL (ON) SIGNATURE AM SURVEYOR'S SEAL. REPRODUCTION COPIES OR A
PLAT (MAP) POINT SRO PC SURVEYOR'S SIGNATURE AND SEAL MAY CONTAINERAWULENT, INCORRECT, ERRONEOUS, W D INFORMATION. POSSESSION
OI SUCH MEMaoUCT10N COOS AND THE USE DE THE INFORMATION THEREON IS
WAUTHOW ED BY SURVEYOR. DOCUMENTS PREPARED BY SURVEYOR AND WTHOUT A
SIGNATURE AND SEAL IRE TO INVIEWED AS MELIANARY WITH ALL INFORMATION
SHOWN SUBJECT TO CHANGE.
2. THE BASIS OF KARNGS FOR THIS SURVEY WAS THE RECORD BEARING FROM THE 1976
BUREAU OF LAND MANAGEMENT SURVEY OF NORTH 00'59.1' EAST, BETWEEN THE 1978
BLM BRASS CAP MOMAENT FOR THE SOUTH QUARTER CORNER OF SECTION 7, TOWNSHIP
O SWTN, RANGE 6A WEST OF THE SIXTH MNCPAL MERIDIAN AND THE 1070 KM
BRASS CAP WONAENT FOr THE CENTER O SAID SECTION 7.
3 THE DOCUMENTS LISTED BELOW AM DOCUMENTS USED N ASCERTAINING THE LOCATION
OF 7NE PROPERTY. THERE MAT EXIST OTHER DOCUMENTS OF RECORD THAT WOULD
EYFECT THIS MORE IT BOUNDARY AID ARE UMITNOWN TO SURVEYOR,
BOOK PAGE
MIS 53
255 `60
364 72
3BO 308
402 $02
435 230
a69 776
71, a32
7M a35
CITY OR ASPEN ORDNANCE N0. N, SERFS OF N93
TIE NITER CREEK SUBDIVISION, PLAY ROW B AT PAGE 8a
a. THE CITY Or ASPEN ORDNANCE W. R. (SLOWS OF 1993). IS RECORDED N BOOT
7O AT PACE 99O AND BOOK 798 AT PAGE 938 N THE OFFICIAL RECORDS FOR NTKN
COUNTY. COLOR .
5 SUR EYOR HAS FORD IO TRANSFER Or TITLE FOR PARCEL MARKED, EXHIBIT "E- Or
THE OROKUrA NO. M. (SLOES OF 1993). THE VACATION OF EXHIBIT "D- OF
SAO ORDNANCE BEING CONTINGENT ON THE GRANTING OF ORDINANCE EXHORTS 'A'
AND 'E- TO THE CITY OF ASPEN, THE EXPIRE 'B' PROPERTY DESCAPTIDN OF SAO
ORDNANCE WAS CHANGED ON THE DEED OF TRANSFER, BOOK 714 AT PACE 432.
SUFVEYOR'S PERSUASION IS A NEW AGREEMENT WAS ACHEVEO BY THE MT[RC$TED
PARTIES. THE TWO OUT CLAN DEEDS. BOOR 714, PAGE 432 AND B00K 7M, PAGE
4
35 WERE DRAFTED TO CONSUMMATE THE INTENT OF ORDNANCE NO, (SERIES OF
1993).
S. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SURVEYOR TO DETERMINE
TITLE OR EASEMENTS OF RECORD. ADDITIONAL RESEARCH FOR INS SURVEY WAS
PERFORMED N ACCORDANCE WITH COLORADO REVISED STATUTES 38-51-M AND THE
RULES OF PROCEDURE AND BOARD POLICY STATEMENTS OF THE STATE BOARD OF
PROFESSIONAL ENGINEERS AID PROFESSIONAL LAND SURVEYORS. SPECIFICALLY THOSE
BOARD RULES AID POLICY STATEMENTS RELATING TO THE DCPI IION Or EASEMENTS
AND ROOT-GF-WAY ON SURVEY PLATS. THE TITLE COMMITMENT FROM LAID TITLE
GUARANTEE COMPANY. NO. O3R3019, DATED MARCH 2% 2W2 WAS RELIED UPON FOR
ALL KORYATEN REGARDING EASEMENTS. ROHTS-Or-WAY. TITLE. AND CIVIL COURT
ACTIONS OF RECORD.
7. W ATTEMPT WAS BINGE BY SURVEYOR AS PART OF THIS OPROVENLNT SURVEY TO
OBTAIN OR SHOW DATA CONCERNING EXISTENCE. SIZE• DEPTK CONDITION, CAPACITY,
OR LOCATION Or ANY UTILITY ON SERVICE FACILITY FOR THIS PROPERTY FOR
NEORMATIOH KGARDW THESE UTILITIES ON FICLIT[S. PLEASE CONTACT THE
APPROPRIATE AGENCIES.
IF THIS PROPERTY IS LOCATED ON THE NTKN COUNTY. COLORADO AND RICOPPONAIED
AREAS. NATIONAL ROOD NARANCE NROGRAK FLOOD INSURANCE RATE MAP DATED
JUME 1. INTO. COMR111TY-PANEL NUMBER OWB7 CO 2a C. THE PROPERTY 13
WITHIN THE EOM 'X-, OR N THE AREA OUTSIDE THE 5W-YEAR FLOOD PLAN
9. TIRE IS A POSSIBLE ENCROACH6EN7 ON IRS PROPERTY 6V THE BAIL FENCING ALONG
THE WPTHERLI PROPERTY BOUMOAR'Y
TO. THE PROPERTY WAS COVERED WITH SNOW AT THE TIME Or THE UPDATE INSPECTION ON
THE PROPERTY MARCH 20, 2002
11 THE DISTANCE SHOWN N THE PROPERTY DESCRIPTION RECORDED N BOOK 714 AT PAGE
432 AS 6.20 FEET SURVEYOR BELIEVE THIS IS A TYPOGRAPHICAL CROW AND IT
SHOULD BE 8.2O FEET AS SHOWN HEREON TINS POSSIBLE FUROR 15 AT THE
NMTHEA57ERLY CORNER OF THE MOPERT I.
12. PREVIOUS SURVEYS N NOT AND 2000 WERE BASED ON THE CONSUMMATION OF THE
CITY Or ASPEK ORDNANCE R. (SERIES OF 1993). AND THE TRANSFER Of THE
PROPERTIES. THIS PLAT SHOWS THE BOUNDARIES AS NOW DEEDED AND ASSURING THAI
THE ORDNANCE IS NOW COMPLETED AS TO THE LATENT
SURVEYOR'S CERTIFICATE
1• LOTS N- BUETTNER. A REGISTERED LAND SURVEYOR N THE STATE OF COLORADO, DO
HEREBY CONFIRM THAT THIS SURVEY PLAT WAS MACE FROM FEED NOTES OF SURVEYS OF TIR
ABOVE DESCRIBED PROPERTY MADE BY MYSELF. OR UNDER MY DIRECT RESPONSIBILITY.
S"N'"MON, AND CMCIUNG, THE MOWKWATION SHOWN HEREON FOR THE PROPERTY
COINEPS WAS FOURD OR SET PREVIOUS SURVEY. ALL OWIEN51ON5 AND DETAILS
SHOWN IKON ARE TI?,ORIsF ^ O Mr KIOwLEDGE.
Tr.
/ Lauls la eu[TrlNca-•. L,} 1.51�B71gq •- - -
o6rz � lF coin ���
POINT OF BEGINI
S 89'20' E 6.81'
SCALE rrV 20'
0 5 10 20 30 40 SO
CURVE DATA
C I
JDELTA-18°06 03-
RADIUS-334.30'
ARC-105.61'
CHORD-105.17'
BEARING-N 06°22'05" W
C 2
J DELTA-34°49'53-
RADIUS-334.30'
ARC-203.23'
CHORD-200.11'
BEARING-N 30°28'33' E
CENTER QUARTER CORNER
SECTION 7, T10S, R84W 8rh P.M,
HUNTER CREEK CONDOMINIUM
/SE/8'STEEL ROD WITH
PLASTIC CAP MARKED
ER 13 l
N 89°20' W 231,75'
S L5°31'27' E 6.61'
RAIL FENCE
LOT 2
LIMITED COMMON ELEMENT LOT 2 CONDOMINIUM 8
__-------`-�'- EAST-125.55'
LA
GENERAL COMMON ELEMENT LOT 2 R I�
EAST 25,391-
�, DRIVEWAY x
---------
WEST 119.17'
SE] 5/8' STEEL ROD WITH
7LLOW PLASTIC CAP MARKED
JETTNER 13166
FOUND 5/8- STEEL ROD WITH
YELLOW PLASTIC CAP MARKED
ALPINE 9184 N 50°i5'40' W
1.01' OF THIS SURVEYOR'S
PROPERTY CORNER POSITION
GRIFFITH PROPERTY, LLC
LOT SPLIT SUBDIVISION
EXEMPTION PLAT
SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN
CITY OF ASPEN, PITKIN COUNTY, COLORADO
N 38'36'11' W 8.20'
b ET 5/8' STEEL ROD WITH 4s .
YELLOW PLASTIC CAP MARKED,
BUETTNER 13166
I ;
4 � � �
, � b ;4
t YiMtair T
El
5.
A
41
LOT 2 i,�
LOT 20
LOT 19
v
wz
LIMITED COMMON ELEMENT LOT 2 CONDOMINIUM A z
Q
a
{
(O
O �
a
co LOT 18
m 3
4
4
VICINITY MAP
NOT TO SCALE
Q
�\ O
F�
O Q-
SURVEYOR'S CERTIFICATE
V`C,JIe o�
/
I, LOUTS H. BUETTNER, A REGISTERED LAND SURVEYOR IN STATE OF
r
EAST 92.52'
`
c,
COLORADO, DO HEREBY CONFIRM THAT THIS SUBDIVISION E,,.£MPTION PLAT
\
\ e� 5Jr Qo`
`b
WAS MA F FROM FIELD NOTES OF SURVEYS OF THE DESCRIBED PROPERTY
5.42'
LOT 17
45
MADE Si M'i SELF, OR UNDER MY DIRECT RESPONSIMITY, S:IPERVISION,
AND CHECKING. THE MONUMENTATION SHOWN HEREON FOR THE PROPERTY
SET 5/8"
STEEL ROD
PIPE
CORNER; WAS FOUND OR SET FOR THESE SURVEYS. ALL ^IMENStONS AND
WITH _O
CPLASTIC RAIL FENCE
Q\e'tp �P� O�0;
DETAILS SHOWN HEREON ARE CORRECT TO THE BEST OF KNOWLEDGE.
YELLOW PLASTIC
CAP MARKE
N
\ pQ
Q o
BUETTNER
3166
89°20 W 5533'
.
�p,OP \o'
ELECTRIC
LOT 16
0
5 �G qo �`1�'S\�
-------------------------------
sERVICE POLE -
'
_
!o�
5� 5J Qo
LOUTS H. BUETTNER LS 13166
N
-------------------------------
:x
1
DATE
e
1
LOT 1
�
,Q�a
—'-
--El
O
3
v
LOT 15
p
IVEWAY TO BE CONSTRUCTED
0 EXISTING PAVING IN W
ALNUT AVE
_^
M
w
- —_� I >
a
k z S 89°20' E 62.91'
3� 3 3
STREET
LIGHT
E
LOT C 3
LCE C 5
DELTA = 32'14'06"
DELTA = 18'19'56"
". RADIUS = 334.30'
RADIUS = 334.30'
ARC = 188.08'
ARC = 106.96'
CHORD = 185.61'
CHORD = 106.51'
BEARING = N 31'58'03" E
BEARING = S 38*55108" W
11/1 OT C 4
LCE C 6
DELTA = 02'35'47"
DELTA = 13*54*09"
RADIUS = 334.30
RADIUS = 334.30'
ARC = 15.15'
ARC = 81.12'
CHORD = 15.15°
CHORD = 80.92'
BEARING =` S4 14'33'07" W
BEARING = S 22'48'05" W
LIMITED COMMON ELEMENT BOUNDARY'42
Lou IS
H. BUETTNER SURVEYING L 'V o
0040 WEST SOPRIS CREEK ROAD
BASALT. COLORADO 81621
970-927-36I1
o c
� U
G r gSON '4 VENU
SET 5/8 STEEL ROD WITH
YELLOW PLASTIC CAP MARKED
BUETTNER 13166
LOT 14
>
a
7
0 Z
O J
H
cl
LOT 13 N
E1
a
a >
OJ
m � ,
LOT 12
WITNESS CORNER 2' NORTHERLY
ALONG ARC
SET 5/8' STEEL ROD WITH
YELLOW PLASTIC CAP MARKED
BUETTNER 13166 WC LOT it
COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL
THIS PLAT OF THE GRIFFITH PROPERTY, LLC LOT SPLIT SUBDIVISION
EXEMPTION PLAT WAS REVIEWED AND APPROVED BY THE DIRECTOR OF
COMMUNITY DEVELOPMENT DEPARTMENT OF THE CITY OF ASPEN, THIS ----
DAY OF --------------, 200___.
DIRECTOR
CLERK AND RECORDER CERTIFICATE
THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND
RECORDER AT ------------------ O'CLOCK __.M., THE ---- _____DAY OF
------------- -----, 200___, AND IS RECORDED IN BOOK ---__-_---
ON PAGE ------------ AS RECEPTION NO ------------------
------------------------
PITKIN COUNTY CLERK AND RECORDER
NOTICE+ ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT. MAY ANY
ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE
THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON.
NOTES
1. THE BASIS OF BEARINGS FOR THIS SURVEY WAS THE RECORD BEARING FRVM THE 1978
BUREAU OF LAND MANAGEMENT SURVEY OF NORTH 00'59.4' EAST, BETWEEN THE 1978
BLM BRASS CAP MONUMENT FOR THE SOUTH QUARTER CORNER OF SECTICN 7, TOWNSHIP
10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND THE 1978 BLM
BRASS CAP MONUMENT FOr THE CENTER OF SAID SECTION 7.
2. THE DOCUMENTS LISTED BELOW ARE DOCUMENTS USED IN ASCERTAINING THE LOCATION
OF THE PROPERTY. THERE MAY EXIST OTHER DOCUMENTS OF RECORD THAT WOULD
EFFECT THIS PROPERTY BOUNDARY AND ARE UNKNOWN TO SURVEYOR.
BOOK PAGE
186 53
255 780
384 472
390 308
402 802
435 230
469 776
714 432
714 435
CITY OF ASPEN ORDINANCE NO. 19, SERIES OF 1993
THE HUNTER CREEK SUBDIVISION, PLAT BOOK 16 AT PAGE 84
3. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SURVEYOR
TO DETERMINE TITLE OR EASEMENTS OF RECORD. ADDITIONAL
RESEARCH FOR THIS SURVEY WAS PERFORMED IN ACCORDANCE WITH
COLORADO REVISED STATUTES 38-51-106 AND THE RULES OF
PROCEDURE AND BOARD POLICY STATEMENTS OF THE STATE BOARD OF
PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS,
SPECIFICALLY THOSE BOARD RULES AND POLICY STATEMENTS
RELATING TO THE DEPICTION OF EASEMENTS AND RIGHT-OF-WAY ON
SURVEY PLATS. THE TITLE COMMITMENT FROM LAND TITLE
GUARANTEE COMPANY, NO. 0383019, DATED MARCH 21, 2002 WAS
RELIED UPON FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS -
OF -WAY, TITLE, AND CIVIL COURT ACTIONS OF RECORD.
4. THIS PROPERTY IS LOCATED ON THE PITKIN COUNTY, COLORADO AND
INCORPORATED AREAS, NATIONAL FLOOD INSURANCE PROGRAM, FLOOD
INSURANCE RATE MAP DATED JUNE 4, 1987, COMMUNITY -PANEL
NUMBER 08097 CO 204 C. THE PROPERTY IS WITHIN THE ZONE "X",
OR IN THE AREA OUTSIDE THE 500-YEAR FLOOD PLAIN.
5. NO FURTHER SUBDIVISION OF THESE LOTS MAY BE GRANTED, NOR
WILL ADDITIONAL UNITS BE BUILT WITHOUT RECEIPT OF
SUBDIVISION APPROVAL PURSUANT TO SECTION 26.480 AND GROWTH
MANAGEMENT ALLOCATIONS PURSUANT TO SECTION 26.470 OF THE
ASPEN LAND USE CODE.
CITY COUNCIL APPROVAL
THIS PLAT OF THE GRIFFITH PROPERTY, LLC LOT SPLIT SUBDIVISION
EXEMPTION PLAT WAS REVIEWED AND APPROVED BY THE CITY COUNCIL. OF
THE CITY OF ASPEN, THIS ------ DAY OF
---------------------------, 200___, AS A SUBDIVISION EXEMPTION
SIGNED THIS ---- DAY OF ------------------, 200---.
-----------
MAYOR
ATTEST_______
---------------------
CITY CLERK
CITY ENGINEER'S APPROVAL
THIS PLAT OF THE GRIFFITH PROPERTY, LLC LOT SPLIT SUBDIVISION
EXEMPTION PLAT WAS REVIEWED AND APPROVED BY THE CITY ENGINEER OF
THE CITY OF ASPEN, THIS _--- DAY OF -------------, 200_--.
CITY ENGINEER
CERTIFICATION OF OWNERSHIP AND DEDICATION
KNOW ALL BY THESE PRESENTS THAT THE GRIFFITH PROPERTY, LLC, A COLORADO LIMITED
LIABILITY COMPANY, BEING THE OWNER, MORTGAGEE OR LIEN HOLDER OF CERTAIN LANDS IN
THE CITY OF ASPEN, PITKIN COUNTY, COLORADO, DESCRIBED AS FOLLOWS:
THE EASTERLY 70 FEET, MORE OR LESS, OF LOTS 15 AND 16, BLOCK 2, WILLIAMS
ADDITION, CITY OF ASPEN, IN PITKIN COUNTY, STATE OF COLORADO, WITHIN THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 10 SOUTH,
RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN.
ALSO
A TRACT OF LAND SITUATED IN THE NORTHEAST QUARTER SOUTHWEST QUARTER OF SECTION
7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF
ASPEN, PITKIN COUNTY COLORADO, SAID TRACT OF LAND IS MORE FULLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE CENTER QUARTER CORNER OF SAID 7, (A 1954 BRASS CAP MONUMENT,
THE 1978 CENTER QUARTER CORNER BRASS CAP MONUMENT BEARS SOUTH 67'20'34" EAST, A
DISTANCE OF 2.36 FEET);
THENCE SOUTH 31'26'56" WEST, A DISTANCE OF 1042.65 FEET TO THE NORTHWESTERLY
CORNER OF THE PROPERTY DESCRIBED ON THE DOCUMENT RECORDED IN BOOK 435 AT PAGE
230, THE TRUE POINT OF BEGINNING;
THENCE SOUTHERLY ALONG SAID PROPERTY WESTERLY BOUNDARY SOUTH
1741' EAST, A DISTANCE OF 173.64 FEET TO THE TRUE POINT OF
BEGINNING OF THE PROPERTY DESCRIBED ON THE DOCUMENT RECORDED IN
BOOK 714 AT PAGE 432;
THENCE SOUTHERLY ALONG SAID PROPERTY WESTERLY BOUNDARY SOUTH
11'49'20" EAST, A DISTANCE OF 116,16 FEET;
THENCE SOUTH 47'59'08" EAST, A DISTANCE OF 88.64 FEET TO THE
NORTHEASTERLY CORNER OF THE PROPERTY DESCRIBED ON THE DOCUMENT
RECORDED IN BOOK714 AT PAGE 435 AND A POINT ON THE EASTERLY
BOUNDARY ARC DESCRIBED ON THE DOCUMENT RECORDED IN BOOK 435 AT
PAGE 230;
THENCE NORTHERLY ALONG SAID ARC 368.45 FEET THE RADIUS OF SAID
ARC BEING 334.30 FEET, (THE LONG CHORD BEARS NORTH 16'30 39"
EAST, A DISTANCE OF 350.08 FEET), TO THE SOUTHEASTERLY CORNER OF
THE PROPERTY DESCRIBED ON THE DOCUMENT RECORDED 1N BOOK 714 AT
PAGE 432
THENCE NORTHERLY ALONG SAID PROPERTY EASTERLY BOUNDARY NORTH
38'36'11 WEST, A DISTANCE OF 8.20 FEET;
THENCE WESTERLY ALONG SAID PROPERTY NORTHERLY BOUNDARY NORTH
89'20' WEST, A DISTANCE OF 231.75 FEET;
THENCE SOUTHERLY ALONG SAID PROPERTY WESTERLY BOUNDARY SOUTH
15'31'27" EAST, A DISTANCE OF 6.61 FEET;
THENCE DEPARTING SAID TRACT OF LAND NORTH 89.20' WEST, A DISTANCE
OF 6.81 FEET TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIPTION REPLACES THE DESCRIPTION FOR THE PROPERTY
DESCRIBED ON THE RECORDED DOCUMENT AS RECEPTION NO. 467183.
THE ABOVE REPLACEMENT DESCRIPTION WAS WRITTEN BY:
LOUIS H. BUETTNER
0040 WEST SOPRIS CREEK ROAD
BASALT,COLORADO
970-927-3611
DOES HEREBY PLAT THIS REAL PROPERTY UNDER THE NAME AND STYLE OF
GRIFFITH PROPERTY, LLC LOT SPLIT SUBDIVISION EXEMPTION PLAT.
--------------- -...---------
OWNER DATE
STATE OF COLORADO
)SS
COUNTY OF ----------
THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
------------------------ 200--, BY ---------------
MY COMMISSION EXPIRES : -----------------------------------------
WITNESS MY HAND AND OFFICIAL SEAL
NOTARY PUBLIC
TITLE CERTIFICATE
THE UNDERSIGNED, A DULY - AUTHORIZED REPRESENTATIVE OF A
CORPORATE TITLE INSURER REGISTERED TO DO BUSINESS IN PITKIN
COUNTY, COLORADO. DO HEREBY CERTIFY, THAT THE PERSON(S) LISTED AS
OWNER(S) ON THIS PLAT 00 HOLD FEE SIMPLE TITLE TO THE WITHIN
DESCRIBED REAL PROPERTY, FREE OF ALL LIENS AND ENCUMBRANCES
EXCEPT THOSE LISTED ON THE TITLE INSURANCE COMMITMENTS
NO.(S)-----------------------------------------------
EFFECTIVE ------------------------ RESPECTIVELY, ISSUED BY
--- _______________________________, ALTHOUGH WE BELIEVE THE FACTS
STATED ARE TRUE, THIS CERTIFICATE IS NOT TO BE CONSTRUED AS
ABSTRACT OF TITLE, NOR AN OPINION OF TITLE, NOR A GUARANTY OF
TITLE, AND IT IS UNDERSTOOD AND AGREED THAT
----------------------------------- NEITHER ASSUMES, NOR WILL BE
CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATEVER ON
ANY STATEMENT CONTAINED HEREIN.
NAME
__
TITLE
TITLE COMPANY
ADDRESS
STATE OF COLORADO )
)SS
COUNTY OF ----------
THE TITLE STATEMENT HEREON WAS ACKNOWLEDGED BEFORE ME THIS DATE,
--------------------- 200 __,BY------------------------------
AS------------------------------------ ---(TITLE) OF
— --------------------------------- (TITLE COMPANY)
MY COMMISSION EXPIRES:__________________________________________
WITNESS MY HAND AND OFFICIAL SEAL.
NOTARY PUBLIC
CENTER QUARTER CORNER
SECTION 7, TICS, R84W 61h P.M.
HUNTER CREEK CONDOMINIUM
STEEL ROD WITH
ASTIC CAP MARKED
O
fn
i
vo
O
SCALE VV 1- - 20 IF
0 5 10 20 30 40 SO
CURVE DATA
C I LOT C3 L C5
DELTA- 1 8' 06 03' DELTA = 32'14'06' DELTA = 18'19'56"
RADIUS-334.30' RADIUS = 334.30' RADIUS = 334.30'
ARC- 105.61 ARC = 188,08' ARC = 106.96'
CHORD-105. t7' CHORD = 185.61' CHORD = 106,51'
BEAR I NG-N 06° 22' 05" W BEARING = N 31'58'03" E BEARING = S 38'55'08" W
C 2 LOT C 4 LCE C 6
DELTA-34°49'53- DELTA = 02'35'47" DELTA = 13'54'09"
RADIUS-334.30' RADIUS = 334.30 RADIUS = 334.30'
ARC-203.23' ARC = 15.15' ARC = 81.12'
CHORD-200. 1 1 ' CHORD = 15.15' CHORD = 80.92'
BEAR I NG-N 30' 2833- E BEARING = S 14'33'07" W BEARING = S 22'48'05" W
LIMITED COMMON ELEMENT BOUNDARY
LOUIS H. BUETTNER SURVEYING
0040 WEST SOPRIS CREEK ROAD
BASALT. COLORADO 81621
970-927-3611
FOUND 5/8' STEEI
YELLOW PLAIT
ALPINE 9184 h
1.01 OF THL_'.�� ''�v
PROPERTY CORDS
C
PO <t
5 \L , .
to Pyt ? 5J QO O
IL FENCE
POb.S
O" W 55.33
Q-
O
, k
Q�4
OR
GRIFFITH PROPERTY, LLC
'LOT SPLIT SUBDIVISION
1E.XEMPTION PLAT
SECTIU'} rpWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN
.. CITY OF ASPEN, PITKIN COUNTY, COLORADO
N 38°36'11' W A v0'
SET 5/8' SYrEL ROD WI'''
YELLOW PLAs"IC CAP MARKED
BUETTNER 3166Aw
aj J,v
NMLS
1, I _>
P� mery.'.t
$I;j*Pklt
-
�
4►
/10
q
iT is
`VICINITY MAP
T TO SCALE
NOTES
THE BASIS OF BEARINGS FOR THIS SURVEY WAS THE RECORD BEARING FROM THE 1978
BUREAU OF LAND MANAGEMENT SURVEY OF NORTH 00'59.4' EAST, BETWEEN THE 1978
BLM BRASS CAP MONUMENT FOR THE SOUTH QUARTER CORNER OF SECTION 7, TOWNSHIP
10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND THE 1978 BLM
BRASS CAP MONUMENT FOr THE CENTER OF SAID SECTION 7.
THE DOCUMENTS LISTED BELOW ARE DOCUMENTS USED IN ASCERTAINING THE LOCATION
OF THE PROPERTY. THERE MAY EXIST OTHER DOCUMENTS OF RECORD THAT WOULD
EFFECT THIS PROPERTY BOUNDARY AND ARE UNKNOWN TO SURVEYOR.
BOOK PAGE
186 53
255 780
384 472
390 308
402 802
435 230
469 776
714 432
714 435
CITY OF ASPEN ORDINANCE NO. 19, SERIES OF 1993
THE HUNTER CREEK SUBDIVISION, PLAT BOOK 16 AT PAGE 84
THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SURVEYOR
TO DETERMINE TITLE OR EASEMENTS OF RECORD. ADDITIONAL
_ RESEARCH FOR THIS SURVEY WAS PERFORMED IN ACCORDANCE WITH
—� COLORADO REVISED STATUTES 38-51-106 AND THE RULES OF
PROCEDURE AND BOARD POLICY STATEMENTS OF THE STATE BOARD OF
o a PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS,
[WAY TO CONSTR
5 o BC UC
w SPECIFICALLY THOSE BOARD RULES AND POLICY STATEMENTS
�' ALNUV
EXT AVE IGG PAVING RI RELATING TO THE DEPICTION OF EASEMENTS AND RIGHT—OF—WAY ON
Z
ui +N SURVEY PLATS. THE TITLE COMMITMENT FROM LAND TITLE
c GUARANTEE COMPANY, NO. 0383019, DATED MARCH 21, 2002 WAS
RELIED UPON FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS -
OF -WAY, TITLE, AND CIVIL COURT ACTIONS OF RECORD.
a
3�
H '!;. 4. THIS PROPERTY IS LOCATED ON THE PITKIN COUNTY, COLORADO AND
s
KED alr " INCORPORATED AREAS, NATIONAL FLOOD INSURANCE PROGRAM, FLOOD
INSURANCE RATE MAP DATED JUNE 4, 1987, COMMUNITY -PANEL
NUMBER 08097 CO 204 C. THE PROPERTY IS WITHIN THE ZONE "X",
OR IN THE AREA OUTSIDE THE 500-YEAR FLOOD PLAIN.
w
a
S. NO FURTHER SUBDIVISION OF THESE LOTS MAY BE GRANTED, NOR
� WILL ADDITIONAL UNITS BE BUILT WITHOUT RECEIPT OF
SUBDIVISION APPROVAL PURSUANT TO SECTION 26.480 AND GROWTH
z S.
o a MANAGEMENT ALLOCATIONS PURSUANT TO SECTION 26.470 OF THE
ASPEN LAND USE CODE.
COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL
00,.
THIS PLAT OF THE GRIFFITH PROPERTY,..66 11T SPt i' St18DIVISiON
EXEMPTION PLAT WAS REVIEWED AND APPROVED rY --4F "ARECTOR OF
COMMUNITY DEVELOPMENT DEPARTMENT is TaF ASPEN, THIS
DAY OF _ _ 200_
DIR . --
RDER CERTIFICATE
�41
&AAS FILED FOR REt ORD IN THE OFFICE OF THE LERK AND
RECORDER AT ---------- ------ O'CLOCK __.M., THE __-------DAY OF
------------------- -, 200---, AND IS REC6RDIM r BOOK ----------
ON PAGE ----------- AS RECEPTION NO. - - - - - - - - - - - - - - -
r rWr
PITKIN COUNTY CLERK AND REC : it 'o xf
1.
SURVEYOR'S CERTIFICATE 2
1, LOUIS P BUETTNER, A REGISTERED LAND SURVEYOR IN THE STATE OF
COLORADO, DO HEREBY CONFIRM THAT THIS SUBDIVISION EXEMPTION PLAT
WAS MADE FROM FIELD NOTES OF SURVEYS OF THE DESCRIBED PROPERTY
AAOE B'C MYSELF, OR UNDER MY DIRECT RESPONSIBILIIY, SUPERVISION,
AND CHECKING. THE MONUMENTATION SHOWN HEREON FOR THE PROPERTY
CORNERS 'WAS FOUND OR SET FOR THESE SURVEYS. ALL DIMENSIONS AND
DETAILS SHOWN HEREON ARE CORRECT TO THE BEST OF MY KNOWLEDGE.
------- -------------------
LOUIS H. BUF !' NE � S 13166
DATE
3
1k
NOTICES ACCORDING TO COLORADO LAW I. N:- a,, NCE ANY LEGAL
y ACTION BASED UPON ANY DEFECT IN TH-'.?r SUR qgr I IN THREE YEARS
AFTER YOU FIRST DISCOVERED SUCH DEFEC'f M 40 VENT. WAY ANY
ACTION BASED UPON ANY DEFECT IN 1'N.S i*VP jE OMMENCED MORE
va THAN TEN YEARS FROM THE DATE OF THE - -RT IF ICAT ION SHOWN HEREON.
CITY COUNCIL APPROVAL
THIS PLAT OF THE GRIFFITH PROPERTY, LLC LOT SPLIT SUBDIVISION
EXEMPTION PLAT WAS REVIEWED AND APPROVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, THIS ------ DAY OF
--------------------------_. 200___, AS A SUBDIVISION EXEMPTION
SIGNED THIS ____ DAY OF _-_---------------, 200_
----------------------
MAYOR
ATTEST _---_-_
----------------------
CITY CLERK
CITY ENGINEER'S APPROVAL
THIS PLAT OF THE GRIFFITH PROPERTY, LLC LOT SPLIT SUBDIVISION
EXEMPTION PLAT WAS REVIEWED AND APPROVED BY THE CITY ENGINEER OF
THE CITY OF ASPEN, THIS ____ DAY OF -------------, 200___.
- ----------------------------
CITY ENOWER
CERTIFICATION OF OWNERSHIP AND DEDICATION
KNOW ALL BY THESE PRESENTS THAT THE GRIFFITH PROPERTY, LLC, A COLORADO LIMITED
LIABILITY COMPANY, BEING THE OWNER, MORTGAGEE OR LIEN HOLDER OF CERTAIN LANDS IN
THE CITY OF ASPEN, PITKIN COUNTY, COLORADO, DESCRIBED AS FOLLOWS:
THE EASTERLY 70 FEET, MORE OR LESS, OF LOTS 15 AND 16, BLOCK 2, WILLIAMS
ADDITION, CITY OF ASPEN, IN PITKIN COUNTY, STATE OF COLORADO, WITHIN THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 10 SOUTH,
RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN.
ALSO
A TRACT OF LAND SITUATED IN THE NORTHEAST QUARTER SOUTHWEST QUARTER OF SECTION
7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF
ASPEN, PITKIN COUNTY, COLORADO, SAID TRACT OF LAND IS MORE FULLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE CENTER QUARTER CORNER OF SAID 7, (A 1954 BRASS CAP MONUMENT,
THE 1978 CENTER QUARTER CORNER BRASS CAP MONUMENT BEARS SOUTH 67'20'34" EAST, A
DISTANCE OF 2.36 FEET);
THENCE SOUTH 31'26'56" WEST, A DISTANCE OF 1012.65 FEET TO THE NORTHWESTERLY
CORNER OF THE PROPERTY DESCRIBED ON THE DOCUMENT RECORDED IN BOOK 435 AT PAGE
230, THE TRUE POINT OF BEGINNING;
THENCE SOUTHERLY ALONG SAID PROPERTY WESTERLY BOUNDARY SOUTH
1741' EAST, A DISTANCE OF 173.64 FEET TO THE TRUE POINT OF
BEGINNING OF THE PROPERTY DESCRIBED ON THE DOCUMENT RECORDED IN
BOOK 714 AT PAGE 432;
THENCE SOUTHERLY ALONG SAID PROPERTY WESTERLY BOUNDARY SOUTH
11-49'20- EAST, A DISTANCE OF 116,16 FEET;
THENCE SOUTH 47'59'08" EAST, A DISTANCE OF 88.64 FEET TO THE
NORTHEASTERLY CORNER OF THE PROPERTY DESCRIBED ON THE DOCUMENT
RECORDED IN BOOK714 AT PAGE 435 AND A POINT ON THE EASTERLY
BOUNDARY ARC DESCRIBED ON THE DOCUMENT RECORDED IN BOOK 435 AT
PAGE 230;
THENCE NORTHERLY ALONG SAID ARC 368.45 FEET, THE RADIUS OF SAID
ARC BEING 334.30 FEET, (THE LONG CHORD BEARS NORTH 16-30'39"
EAST, A DISTANCE OF 350.08 FEET), TO THE SOUTHEASTERLY CORNER OF
THE PROPERTY DESCRIBED ON THE DOCUMENT RECORDED IN BOOK 714 AT
PAGE 432;
THENCE NORTHERLY ALONG SAID PROPERTY EASTERLY BOUNDARY NORTH
38'36'11" WEST, A DISTANCE OF 8.20 FEET;
THENCE WESTERLY ALONG SAID PROPERTY NORTHERLY BOUNDARY NORTH
89'20' WEST, A DISTANCE OF 231.75 FEET;
THENCE SOUTHERLY ALONG SAID PROPERTY WESTERLY BOUNDARY SOUTH
15'31'27' EAST, A DISTANCE OF 6.61 FEET;
THENCE DEPARTING SAID TRACT OF LAND NORTH 89.20' WEST, A DISTANCE
OF 6.81 FEET TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIPTION REPLACES THE DESCRIPTION FOR THE PROPERTY
DESCRIBED ON THE RECORDED DOCUMENT AS RECEPTION NO. 467183.
THE ABOVE REPLACEMENT DESCRIPTION WAS WRITTEN BY:
LOUIS H. BUETTNER
0040 WEST SOPRIS CREEK ROAD
BASALT,COLORADO
970-927-3611
DOES HEREBY PLAT THIS REAL PROPERTY UNDER THE NAME AND STYLE OF
GRIFFITH PROPERTY, LLC LOT SPLIT SUBDIVISION EXEMPTION PLAT.
---------------------------
OWNER DATE
STATE OF COLORADO )
)SS
COUNTY OF )
THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
-----------------------. 200---' BY ------------------------------
MY COMMISSION EXPIRES :-----------------------------------------
WITNESS MY HAND AND OFFICIAL SEAL
NOTARY PUBLIC
TITLE CERTIFICATE
THE UNDERSIGNED, A DULY - AUTHORIZED REPRESENTATIVE OF A
CORPORATE TITLE INSURER REGISTERED TO DO BUSINESS IN PITKIN
COUNTY, COLORADO, DO HEREBY CERTIFY, THAT THE PERSON(S) LISTED AS
OWNER(S) ON THIS PLAT DO HOLD FEE SIMPLE TITLE TO THE WITHIN
DESCRIBED REAL PROPERTY, FREE OF ALL LIENS AND ENCUMBRANCES
EXCEPT THOSE LISTED ON THE TITLE INSURANCE COMMITMENTS
NO.(S)----------------------------------------------'
EFFECTIVE------------------------ RESPECTIVELY, ISSUED BY
----------------------------------, ALTHOUGH WE BELIEVE THE FACTS
STATED ARE TRUE, THIS CERTIFICATE IS NOT TO BE CONSTRUED AS
ABSTRACT OF TITLE, NOR AN OPINION OF TITLE, NOR A GUARANTY OF
TITLE, AND IT IS UNDERSTOOD AND AGREED THAT
________ _______- NEITHER ASSUMES, NOR WILL BE
CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATEVER ON
ANY STATEMENT CONTAINED HEREIN.
------------------------------
NAME
------------------------------
TITLE
-----------------------------------------
TITLE COMPANY
------------------------------
ADDRESS
------------------------------
STATE OF COLORADO )
)SS
COUNTY OF
THE TITLE STATEMENT HEREON WAS ACKNOWLEDGED BEFORE ME THIS DATE,
--------------------,200---,BY----------------------------
AS- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---(TITLE) OF
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (TITLE COMPANY)
MY COMMISSION EXPIRES: _____________________________--- _----------
WITNESS MY HAND AND OFFICIAL SEAL,
NOTARY PUBLIC
CENTER QUARTER CORNER
SECTION 7, T10S, R84W 6fh P,M,
..IVE 0 F-
HUNTER CREEK COND 1; lq T
{� FOUND 5/8' STEEL ROD WITH
/lET/8' STEEL ROD WITH YELLOW PLASTIC C.AP MARKED
WPLASTIC CAP MARKED ALPINE 9184 N 50'i5'40- W
NER 13166 1.01' OF THIS SURVEYOR'S
N 89'20' W 231.75' PROPERTY CORNER POSITION
6.61'
POINT OF BEGINNING �- - -
RAIL FENCE
S 89'20' E 6.81'
m
N
LOT Z
LIMITED COMMON ELEMENT LOT 2 CONDOMINIUM B
EAST 125.5V
GENERAL COMMON ELEMENT LOT 2 25,30'_
--- ---- DRIVEWAY N�
� � C
w--------------------
WEST 119.17'
LIMITED COMMON ELEMENT LOT 2 CONDOMINIUM A
LOT 20
LOT 19
LOT i8
-.
EAST 92.52'
SET,5/8- STEEL ROD WITH - S.42'
F
LOT 17
YELLOW PLASTIC CAP MARKED
j,jjPLASTIC
BUETTNER 13166
SET 5/8"
STEEL ROD WITPIPE RAIL FENCE
YELLOW PLASTIC
CAP MARKS 17
BUETTNER
13166 N 89'20' W 55.33
ELECTRIC
LOT 16
SERVICE POLE
o n
c^ Q'(b o
4�
LOT 1
--- —
sO to
o
E v-
r
_
Z
o
LOT 15
fn
d
a
Lij
� Y
aSTREET U
LIGHT
LU 10
S
-0
�C
� J F-
Lu - w
u
ar
SCALE 20'
0 5 10 20 30 40 50
CURVE DATA
C I
DELTA-18'06'03'
RADIUS-334.30'
ARC-105.61 '
CHORD-105.17'
BEARING-N 06'22'05' W
C 2
DELTA-34°49'53-
RADIUS-334.30'
ARC-203.23'
CHORD-200.11'
BEARING-N 30'28'33- E
G�
LOT C 3 LCE C 5
DELTA = 32'14'06" DELTA = 18-19'56"
RADIUS = 334.30, RADIUS = 334'30'
ARC = 188.08' ARC = 106.96'
CHORD = 185.61' CHORD = t06.51'
BEARING = N 31'58'03" E BEARING = S .58"55'08" W
LOT C 4 LCE C 6 '1
DELTA = 02*35*47" DELTA = 13'54'09"
RADIUS = 334.30 RADIUS = 334.30'
ARC = 15.15' ARC = 81,12'
CHORD = 15.15' CHORD = 80.92'
BEARING = S 14'33'07" W BEARING = S 22'48'05' W
LIMITED COMMON ELEMENT BOUNDARY
LOUIS H. BUETTNER SURVEYING
0040 WEST SOPRIS CREEK ROAD
BASALT. COLORADO 61621
970-927-3611
0 OY-CV t flL.`91
p at
L . 2 SET 5/8' STEEL ROD WITH
Ir
l a - YELLOW PLASTIC CAP MARKED
0 a 6 > y BUETTNER 13166
Qo
w U !Q 0-
co
Iu LOT 14
y q q- 74 W>. V
Cu LL
aoz. W o
loop
a
LOT 13 N �
C i s
Y —
-j
eoaw o
m 3
S Sy�OT7]
v, Clp
111
c9
ss. LOT 12
4 V
WITNESS CORNER 2' NORTHERLY
ALONG ARC
SET 5/8' STEEL ROD WITH
YELLOW PLASTIC CAP MARKED
BUETTNER I3166 WC LOT 11
GRIFFITH PROPERTY, LLC
LOT SPLIT SUBDIVISION
EXEMPTION PLAT
SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN
CITY OF ASPEN, PITKIN COUNTY, COLORADO
N 38 3Fi'I' W 8.20"
®SET 5;8' STEEL ROD WITH
YELLOW PLASTIC CAP MARKED
BUETTNER 13166 V
r..
� `
r
r1
z
tW
y�Ll,3 ( -1
LOT 2!
{� r
-
^y
Q VICINITY MAP
4 NOT TO SCALE
,� O
� SURVEYOR'S CERTIFICATE
-�1
D�lb�OP 0� I, LOUIS H. BUETTNER, A REGISTERED LAND SURVEYOR IN THE STATE OF
0 1 COLORADO, DO HEREBY CONFIRM THAT THIS SUBDIVISION EXEMPTION PLAT
t� P5S \ WAS M6 DE FROM FIELD NOTES OF SURVEYS OF THE DESCRIBED PROPERTY
y q MADE L 4YSELF, OR UNDER MY DIRECT RESPONSiB;LiTY, SUPER'ViSiOIi,
w
AND CH CKING. THE MONUMENTATION SHOWN HEREON FOR THE PROPERTY
CORNERS WAS FOUND OR SET FOR THESE SURVEYS. ALL DIMENSIONS AND
pS�P42. DETAILS SHOWN HEREON ARE CORRECT TO THE BEST OF MY KNOWLEDGE.
;OQ- \O
-------------------------------
"
0 P5� 5J QO LOUIS H. BUETTNER LS 13166
JO� 4\
--------------------------------
DATE
�
� oQ
QQ
El
c
)IRIVEWAY TO BE CONSTRUCTED
N
ro EXISTING PAVING IN UJ
ALNUT AVE Z
W
z
z
J
a
3
H
z
Z
a
3
COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL
THIS PLAT OF THE GRIFFITH PROPERTY, LLC LOT SPLIT SUBDIVISION
EXEMPTION PLAT WAS REVIEWED AND APPROVED BY THE DIRECTOR OF
COMMUNITY DEVELOPMENT DEPARTMENT OF THE CITY OF ASPEN, THIS
DAY OF ___----_. 200-__.
-------------
DIRECTOR
CLERK AND RECORDER CERTIFICATE
THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND
RECORDER AT ----------------- O'CLOCK --.M., THE --------- DAY OF
------------- ------, 200___, AND IS RECORDED IN BOOK
ON PAGE _, AS RECEPTION N0.
PITKIN COUNTY CLERK AND RECORDER-
NOTICE: ACCORDING TU COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON AkY DEFECT IN THIS SURVEY WITHIN THREE YEARS
AFTER YOU FIRST DIS:OVERED SUCH DEFECT. IN NO EVENT. MAY ANY
ACTION BASED UPON A6Y DEFECT IN THIS SURVEY BE COMMENCED MORE
THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON.
t
NOTES
1. THE BASIS OF BEARINGS FOR THIS SURVEY WAS THE RECORD BEARING FROM THE 1978
BUREAU OF LAND MANAGEMENT SURVEY OF NORTH 00.59.4' EAST, BETWEEN THE 1978
BLM BRASS CAP MONUMENT FOR THE SOUTH QUARTER CORNER OF SECTIl-'.k 7, TOWNSHIP
10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND THE 1978 BLM
BRASS CAP MONUMENT FOr THE CENTER OF SAID SECTION 7.
2. THE DOCUMENTS LISTED BELOW ARE DOCUMENTS USED IN ASCERTAINING (HE LOCATION
OF THE PROPERTY. THERE MAY EXIST OTHER DOCUMENTS OF RECORD THAT WOULD
EFFECT THIS. PROPERTY BOUNDARY AND ARE UNKNOWN TO SURVEYOR.
BOOK PAGE
186 53
255 780
384 472
390 308
402 802
435 230
469 776
714 432
714 435
CITY OF ASPEN ORDINANCE NO. 19, SERIES OF 1993
THE HUNTER CREEK SUBDIVISION, PLAT BOOK 16 AT PAGE 84
3. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SURVEYOR
TO DETERMINE TITLE OR EASEMENTS OF RECORD. ADDITIONAL
RESEARCH FOR THIS SURVEY WAS PERFORMED IN ACCORDANCE WITH
COLORADO REVISED STATUTES 38-51-106 AND THE RULES OF
PROCEDURE AND BOARD POLICY STATEMENTS OF THE STATE BOARD OF
PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS,
SPECIFICALLY THOSE BOARD RULES AND POLICY STATEMENTS
RELATING TO THE DEPICTION OF EASEMENTS AND RIGHT-OF-WAY ON
SURVEY PLATS. THE TITLE COMMITMENT FROM LAND TITLE
GUARANTEE COMPANY, NO. Q383019, DATED MARCH 21, 2002 WAS
RELIED UPON FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS -
OF -WAY, TITLE, AND CIVIL COURT ACTIONS OF RECORD.
4. THIS PROPERTY IS LOCATED ON THE PITKIN COUNTY, COLORADO AND
INCORPORATED AREAS, NATIONAL FLOOD INSURANCE PROGRAM, FLOOD
INSURANCE RATE MAP DATED JUNE 4, 1987, COMMUNITY -PANEL
NUMBER 08097 CO 204 C. THE PROPERTY IS WITHIN THE ZONE 'X",
OR 1N THE AREA OUTSIDE THE 500-YEAR FLOOD PLAIN.
5. NO FURTHER SUBDIVISION OF THESE LOTS MAY BE GRANTED, NOR
WILL ADDITIONAL UNITS BE BUILT WITHOUT RECEIPT OF
SUBDIVISION APPROVAL PURSUANT TO SECTION 26.480 AND GROWTH
MANAGEMENT ALLOCATIONS PURSUANT TO SECTION 26.470 OF THE
ASPEN LAND USE CODE.
CITY COUNCIL APPROVAL
THIS PLAT OF THE GRIFFITH PROPERTY, LLC LOT SPLIT SUBDIVISION
EXEMPTION PLAT WAS REVIEWED AND APPROVED BY THE CITY COUNCII OF
THE CITY OF ASPEN, THIS ------ DAY OF
---------------------------, 200---, AS A SUBDIVIS ON EXEMPTION
SIGNED THIS -__- DAY OF ------------------, 200___.
-----------------------
MAYOR
ATTEST- __---_
----------------------
CITY CLERK
CITY ENGINEER'S APPROVAL
THIS PLAT OF THE GRIFFITH PROPERTY, LLC LOT SPLIT SUBDIVISION
EXEMPTION PLAT WAS REVIEWED AND APPROVED BY THE CITY ENGINEE'2 OF
THE CITY OF ASPEN, THIS ---_ DAY OF -------------, 200___.
---------------------
CITY ENGINEER
CERTIFICATION OF OWNERSHIP AND DEDICATION
KNOW ALL BY THESE PRESENTS THAT THE GRIFFITH PROPERTY, LLC, A COLORADO LIMITED
LIABILITY COMPANY, BEING THE OWNER, MORTGAGEE OR LIEN HOLDER OF CERTAIN LANDS IN
THE CITY OF ASPEN, PITKIN COUNTY, COLORADO. DESCRIBED AS FOLLOWS:
THE EASTERLY 70 FEET, MORE OR LESS, OF LOTS 15 AND 16, BLOCK 2, WILLIAMS
ADDITION, CITY OF ASPEN, IN PITKIN COUNTY, STATE OF COLORADO, WITHIN THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 10 SOUTH,
RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN.
ALSO
A TRACT OF LAND SITUATED IN THE NORTHEAST QUARTER SOUTHWEST QUARTER OF SECTION
7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF
ASPEN, PITKIN COUNTY, COLORADO, SAID TRACT OF LAND IS MORE FULLY DESCRIBED AS
FOLLOWS:.
COMMENCING AT THE CENTER QUARTER CORNER OF SAID 7, (A 1954 BRASS CAP MONUMENT,
THE 1978 CENTER QUARTER CORNER BRASS CAP MONUMENT BEARS SOUTH 67'20'34" EAST, A
DISTANCE OF 2.36 FEET);
THENCE SOUTH 31'26'56" WEST, A DISTANCE OF 1012.65 FEET TO THE NORTHWESTERLY
CORNER OF THE PROPERTY DESCRIBED ON THE DOCUMENT RECORDED IN BOOK.435 AT PAGE
230, THE TRUE POINT OF BEGINNING;
THENCE SOUTHERLY ALONG SAID PROPERTY WESTERLY BOUNDARY SOUTH
1741' EAST, A DISTANCE OF 173.64 FEET TO THE TRUE POINT OF
BEGINNING OF THE PROPERTY DESCRIBED ON THE DOCUMENT RECORDED IN
BOOK 714 AT PAGE 432;
THENCE SOUTHERLY ALONG SAID PROPERTY WESTERLY BOUNDARY SOUTH
11'49'20 EAST A DISTANCE OF 116,16 FEET;
THENCE SOUTH 47'59'08" EAST, A DISTANCE OF 88.64 FEET TO THE
NORTHEASTERLY CORNER OF THE PROPERTY DESCRIBED ON THE DOCUMENT
RECORDED IN BOOK714 AT PAGE 435 AND A POINT ON THE EASTERLY
BOUNDARY ARC: DESCRIBED ON THE DOCUMENT RECORDED IN BOOK 435 AT
PAGE 230;
THENCE NORTHERLY ALONG SAID ARC 368.45 FEET, THE RADIUS OF SAID
ARC BEING 334.30 FEET, (THE LONG CHORD BEARS NORTH 16'30'39"
EAST, A DISTANCE OF 350.08 FEET), TO THE SOUTHEASTERLY CORNER OF
THE PROPERTY DESCRIBED ON THE DOCUMENT RECORDED IN BOOK714 AT
PAGE 432;
THENCE NORTHERLY ALONG SAID PROPERTY EASTERLY BOUNDARY NORTH
38'36'11" WEST, A DISTANCE OF 8.20 FEET;
THENCE WESTERLY ALONG SAID PROPERTY NORTHERLY BOUNDARY NORTH
89'20' WEST, A DISTANCE OF 231.75 FEET;
THENCE SOUTHERLY ALONG SAID PROPERTY WESTERLY BOUNDARY SOUTH
15'31'27' EAST, A DISTANCE OF 6.61 FEET;
THENCE DEPARTING SAID TRACT OF LAND NORTH 89'20' WEST, A DISTANCE
OF 6.81 FEET TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIPTION REPLACES THE DESCRIPTION FOR THE PROPERTY
DESCRIBED ON THE RECORDED DOCUMENT AS RECEPTION NO. 467183.
THE ABOVE REPLACEMENT DESCRIPTION WAS WRITTEN BY:
LOUIS H. BUETTNER
0040 WEST SOPRIS CREEK ROAD
BASALT, COLORADO
970-927-3611
DOES HEREBY PLAT THIS REAL PROPERTY UNDER THE NAME AND STYLE OF
GRIFFITH PROPERTY, LLC LOT SPLIT SUBDIVISION EXEMPTION PLAT.
OWNER
STATE OF COLORADO
DATE -
)SS
COUNTY OF -_------_-)
THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
------------------------ 200--,BY ------------------
MY COMMISSION EXPIRES :___________________________________
WITNESS MY HAND AND OFFICIAL SEAL
NOTARY PUBLIC
TITLE CERTIFICATE
THE UNDERSIGNED, A DULY - AUTHORIZED REPRESENTATIVE OF A
CORPORATE TITLE INSURER REGISTERED TO DO BUSINESS IN PITKIN
COUNTY, COLORADO, DO HEREBY CERTIFY, THAT THE PERSON(S) LISTED AS
OWNER(S) ON THIS PLAT DO HOLD FEE SIMPLE TITLE TO THE WITHIN
DESCRIBED REAL PROPERTY, FREE OF ALL LIENS AND ENCUMBRANCES
EXCEPT THOSE LISTED ON THE TITLE INSURANCE COMMITMENTS
NO.(S)-----------------------------------------------
EFFECTIVE------------------------ RESPECTIVELY, ISSUED BY
-, ALTHOUGH WE BELIEVE THE FACTS
STATED ARE TRUE, THIS CERTIFICATE IS NOT TO BE CONSTRUED AS
ABSTRACT OF TITLE, NOR AN OPINION OF TITLE, NOR A GUARANTY OF
TITLE, AND IT IS UNDERSTOOD AND AGREED THAT
----------------------------------- NEITHER ASSUMES, NOR WILL BE
CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATEVER ON
ANY STATEMENT CONTAINED HEREIN.
------------------------------
NAME---------------------------
TITLE
--------------^---------------------------
TITLE COMPANY
-----------------------------
ADDRESS
STATE OF COLORADO )
)SS
COUNTY OF ----------)
THE TITLE STATEMENT HEREON WAS ACKNOWLEDGED BEFORE ME THIS DATE,
--------------------- 200---,BY----------------------------
AS------------------------------------------(TITLE) OF
----------------------------------- (TITLE COMPANY)
MY COMMISSION EXPIRES:
WITNESS MY HAND AND OFFICIAL SEAL.
NOTARY PUBLIC
7,NTER QUARTER CORNER
SE::: TION 7, TIOS, R84W
3
o
HUNTER CREEK CONDOMINIUM
GRIFFITH PROPERTY, LLC
LOT SPLIT SUBDIVISION
�\
FOUND 5/8' STEEL ROD WITH
EXEMPTION PLAT
SET 5/8'
STEEL ROD W '�
YELLOW PLASTIC CAP MARKED
Y LOW PLASTIC
CAP M44KE"
ALPINE 9184 N 50*15'40' W
UETTNER
13166
1 .01 OF THIS SURVEYOR "S
'1 89'20 W 231,75-
PROPERTY CORNER POSITION
SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN
S 15'31'27"
E 6 [
CITY OF ASPEN, PITKIN COUNTY, COLORADO
POINT OF BEGINNING
_
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N 38'36'll" W 8.20'
"
S 89'20' E 6.81'
ka NCE -
ET 5/8' STEEL ROD
SWITH
YELLOW PLASTIC CAP MARKED
-- '
Rl HFTTNFR 13166
SCALE rV 20
0 5 10 20 30 40 50
CURVE DATA
LOT 2
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LIMITED COMMON ELEMENT LOT 2 CONDOMINIUM B
EAST 125.55'
-------------------
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GENERAL COMMON ELEMENT LOT 2VI
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WEST 119.17'
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BUETTNER 13166
SET S/8- STEEL
WITH �O JPLASTIC PIPE RAIL FENL-
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BUETTNER 13166
7 N 89'20W 55 33
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LCE C 5
DELTA- 18' 06' 03"
DELTA = 32'14'06"
DELTA = 18'19'56"
RADIUS-334.30'
RADIUS = 334.30'
RADIUS = 334.30'
ARC- 105.61
ARC = 188.08'
ARC = 106.96'
CHORD- 105. 1 7'
CHORD = 185.61'
CHORD = 106.51'
BEAR I NG-N 06' 22' 05- W
BEARING = N 31'58'03" E
BEARING = S 38'55'08" W
C 2
LOT C4
LCEC6
DELTA-34'49'S3-
DELTA = 02'35'47"
DELTA = 13'54'09"
RADIUS-334.30'
RADIUS = 334.30
RADIUS = 334.30'
ARC-203.23'
ARC = 15.15'
ARC = 81.12'
CHORD-200. 1 1 '
CHORD = 15.15'
CHORD = 80.92'
BEAR I NG-N 30' 28' 33" E
BEARING = S 14'33'07" W
BEARING = S 22'48'05` W
LIMITED COMMON ELEMENT BOUNDARY
LOUIS H. BUETTNER SURVEYING
0040 WEST SOPRIS CREEK ROAD
BASALT. COLORADO 81621
970-927-3611
v LOT 21
u
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RIVEWAY TO BE CONSTRUCTED
D EXISTING PAVR/G IN
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VICINITY MAP
NOT TO SCALE NOTES
1. THE BASIS OF BEARINGS FOR THIS SURVEY WAS THE RECORD BEARING FROM THE 1978
BUREAU OF LAND MANAGEMENT SURVEY OF NORTH 00'59.4' EAST, BETWEEN THE 1978
BLM BRASS CAP MONUMENT FOR THE SOUTH QUARTER CORNER OF SECTION 7, TOWNSHIP
10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND THE 1978 BLM
BRASS CAP MONUMENT FOr THE CENTER OF SAID SECTION 7.
TIFICATE 2. THE DOCUMENTS LISTED BELOW ARE DOCUMENTS USED IN ASCERTAINING THE LOCATION
OF THE PROPERTY. THERE MAY EXIST OTHER DOCUMENTS OF RECORD THAT WOULD
TNER, A REGISTERED LAND SURVr-OR IN THE STATE OF EFFECT THIS -ROPERTY BOUNDARY AND ARE UNKNOWN TO SURVEYOR.
IEREBY CONFIRM THAT THIS SUB SION EXEMPTION PLAT E PAGE
FIELD NOTES OF SURVEYS OF THE DESCRIBED PROPERTY 186 53
OR UNDER MY DIRECT RESPONSIBILITY, SUPERVISION, 255 780
THE MONUMENTATION SHOWN HEREON FOR THE PROPERTY 384 472
DUND OR SET FOR THESE SURVF--. ALL DIMENSIONS AND 390 308
HEREON ARE CORRECT TO THE . C OF MY KNOWLEDGE. a 802
4., . 230
469 776
--------------------- 714 432
ER LS 13166 714 435
CITY OF ASPEN ORDINANCE NO. 19, SERIES OF 1993
THE HUNTER CREEK SUBDIVISION, PLAT BOOK 16 AT PAGE 84
3. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SURVEYOR
TO DETERMINE TITLE OR EASEMENTS OF RECORD. ADDITIONAL
RESEARCH FOR THIS SURVEY WAS PERFORMED IN ACCORDANCE WITH
COLORADO REVISED STATUTES 38-51-106 AND THE RULES OF
PROCEDURE AND BOARD POLICY STATEMENTS OF THE STATE BOARD OF
PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS,
SPECIFICALLY THOSE BOARD RULES AND POLICY STATEMENTS
RELATING TO THE DEPICTION OF EASEMENTS AND RIGHT-OF-WAY ON
SURVEY PLATS. THE TITLE COMMITMENT FROM LAND TITLE
GUARANTEE COMPANY, NO. 0383019, DATED MARCH 21, 2002 WAS
RELIED UPON FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS -
OF -WAY, TITLE, AND CIVIL COURT ACTIONS OF RECORD.
4. THIS PROPERTY IS LOCATED ON THE PITKIN COUNTY, COLORADO AND
INCORPORATED AREAS, NATIONAL FLOOD INSURANCE PROGRAM, FLOOD
INSURANCE RATE MAP DATED JUNE 4, 1987, COMMUNITY -PANEL
NUMBER 08097 CO 204 C. THE PROPERTY IS WITHIN THE ZONE "X",
OR IN THE AREA OUTSIDE THE 500-YEAR FLOOD PLAIN.
5. NO FURTHER SUBDIVISION OF THESE LOTS MAY BE GRANTED, NOR
WILL ADDITIONAL UNITS BE BUILT WITHOUT RECEIPT OF
SUBDIVISION APPROVAL PURSUANT TO SECTION 26.480 AND GROWTH
MANAGEMENT ALLOCATIONS PURSUANT TO SECTION 26.470 OF THE
ASPEN LAND USE CODE.
COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL
THIS PLAT OF THE GRIFFITH PROPERTY, LLC LOT SPLIT SUBDIVISION
EXEMPTION PLAT WAS REVIEWED AND APPROVED BY THE DIRECTOR OF
COMMUNITY DEVELOPMENT DEPARTMENT OF THE CITY OF ASPEN, THIS ___-
DAY OF -------------' 200---
DIRECTOR
LOT 12
CLERK AND RECORDER
CERTIFICATE
—
THIS PLAT WAS FILED
FOR RECORD IN THE OFFICE OF THE CLERK AND
WITNESS CORNER
2' NORTHERLY
RECORDER AT - - - - -
- - - - - - - - - - - - O'CLOCK __.M., THE ---_-_-__DAY OF
ALONG ARC
s'oF SET
--------------------,
200___, AND IS RECORDED IN BOOK -----
s 5/8' STEEL
4'c4
ROD WITH
ON PAGE -----------
AS RECEPTION NO-
9tio YELLOW PLASTIC
CAP MARKED
----------------,
cLtlF BUETTNER 13166
WC LOT 11
A
Gi gsON AVENV E
------------------------------
PITKIN COUNTY CLERK
AND RECORDER
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
AFTER YOU FIRST DI SCOVEREO SUCH DEFECT. IN NO EVENT. MAY ANY
ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE
THAN ERN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON.
CITY COUNCIL APPROVAL
THIS PLAT OF THE GRIFFITH PROPERTY, LLC LOT SPLIT SUBDIVISION
EXEMPTION PLAT WAS REVIEWED AND APPROVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, THIS -_-_-- DAY OF
---------------------------, 200__-, AS A SUBDIVISION EXEMPTION
SIGNED THIS __-_ DAY OF ------------------, 200---
------------------------------
MAYOR
ATTEST
CITY CLERK
CITY ENGINEER'S APPROVAL
THIS PLAT OF THE GRIFFITH PROPERTY, LLC LOT SPLIT SUBDIVISION
EXEMPTION PLAT WAS REVIEWED AND APPROVED BY THE CITY ENGINEER OF
THE CITY OF ASPEN, THIS ____ DAY OF --_-------_
CITY ENGINEER
CERTIFICATION OF OWNERSHIP AND DEDICATION
KNOW ALL BY THESE PRESENTS THAT THE GRIFFITH PROPERTY, LLC, A COLORADO LIMITED
LIABILITY COMPANY, BEING THE OWNER, MORTGAGEE OR LIEN HOLDER OF CERTAIN LANDS IN
THE CITY OF ASPEN, PITKIN COUNTY, COLORADO, DESCRIBED AS FOLLOWS:
THE EASTERLY 70 FEET, MORE OR LESS, OF LOTS 15 AND 16, BLOCK 2, WILLIAMS
ADDITION, CITY OF ASPEN, IN PITKIN COUNTY, STATE OF COLORADO, WITHIN THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 10 SOUTH,
RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN.
ALSO
A TRACT OF LAND SITUATED IN THE NORTHEAST QUARTER SOUTHWEST QUARTER OF SECTION
7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF
ASPEN, PITKIN COUNTY, COLORADO, SAID TRACT OF LAND IS MORE FULLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE CENTER QUARTER CORNER OF SAID 7, (A 1954 BRASS CAP MONUMENT,
THE 1978 CENTER QUARTER CORNER BRASS CAP MONUMENT BEARS SOUTH 67'20'34" EAST, A
DISTANCE OF 2.36 FEET);
THENCE SOUTH 31'26'56" WEST, A DISTANCE OF 1012.65 FEET TO THE NORTHWESTERLY
CORNER OF THE PROPERTY DESCRIBED ON THE DOCUMENT RECORDED IN BOOK 435 AT PAGE
230, THE TRUE POINT OF BEGINNING;
THENCE SOUTHERLY ALONG SAID PROPERTY WESTERLY BOUNDARY SOUTH
1741' EAST, A DISTANCE OF 173.64 FEET TO THE TRUE POINT OF
BEGINNING OF THE PROPERTY DESCRIBED ON THE DOCUMENT RECORDED IN
BOOK 714 AT PAGE 432;
THENCE SOUTHERLY ALONG SAID PROPERTY WESTERLY BOUNDARY SOUTH
11'49'20" EAST, A DISTANCE OF 116,16 FEET;
THENCE SOUTH 47'59'08" EAST, A DISTANCE OF 88.64 FEET TO THE
NORTHEASTERLY CORNER OF THE PROPERTY DESCRIBED ON THE DOCUMENT
RECORDED IN BOOK714 AT PAGE 435 AND A POINT ON THE EASTERLY
BOUNDARY ARC DESCRIBED ON THE DOCUMENT RECORDED IN BOOK 435 AT
PAGE 230;
THENCE NORTHERLY ALONG SAID ARC 368.45 FEET, THE RADIUS OF SAID
ARC BEING 334.30 FEET, (THE LONG CHORD BEARS NORTH 16'30'39"
EAST, A DISTANCE OF 350.08 FEET), TO THE SOUTHEASTERLY CORNER OF
THE PROPERTY DESCRIBED ON THE DOCUMENT RECORDED IN BOOK 714 AT
PAGE 432;
THENCE NORTHERLY ALONG SAID PROPERTY EASTERLY BOUNDARY NORTH
38'36'11" WEST, A DISTANCE OF 8.20 FEET;
THENCE WESTERLY ALONG SAID PROPERTY NORTHERLY BOUNDARY NORTH
89'20' WEST, A DISTANCE OF 231.75 FEET;
THENCE SOUTHERLY ALONG SAID PROPERTY WESTERLY BOUNDARY SOUTH
15-31'27- EAST, A DISTANCE OF 6.61 FEET;
THENCE DEPARTING SAID TRACT OF LAND NORTH 89.20' WEST, A DISTANCE
OF 6.81 FEET TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIPTION REPLACES THE DESCRIPTION FOR THE PROPERTY
DESCRIBED ON THE RECORDED DOCUMENT AS RECEPTION NO. 467183.
THE ABOVE REPLACEMENT DESCRIPTION WAS WRITTEN BY
LOUIS H. BUETTNER
0040 WEST SOPRIS CREEK ROAD
BASALT, COLORADO
970-927-3611
DOES HEREBY PLAT THIS REAL PROPERTY UNDER THE NAME AND STYLE OF
GRIFFITH PROPERTY, LLC LOT SPLIT SUBDIVISION EXEMPTION PLAT.
------------- - - - - - - - - - - - -- - - - - - -.------------------
OWNER DATE
STATE OF COLORADO )
)SS
COUNTY OF ------__--)
THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
-------------------- --- -. 200-_, BY -- -------------- --------
MY COMMISSION EXPIRES :--------------------------.---------- - --
WITNESS MY HAND AND OFFICIAL SEAL
NOTARY PUBLIC
TITLE CERTIFICATE
THE UNDERSIGNED, A DULY - AUTHORIZED REPRESENTATIVE OF A
CORPORATE TITLE INSURER REGISTERED TO DO BUSINESS IN PITKIN
COUNTY, COLORADO, DO HEREBY CERTIFY, THAT THE PERSON(S) LISTED AS
OWNER(S) ON THIS PLAT DO HOLD FEE SIMPLE TITLE TO THE WITHIN
DESCRIBED REAL PROPERTY, FREE OF ALL LIENS AND ENCUMBRANCES
EXCEPT THOSE LISTED ON THE TITLE INSURANCE COMMITMENTS
NO.(S)---------------------------------------------'
EFFECTIVE------------------------ RESPECTIVELY, ISSUED BY
_, ALTHOUGH WE BELIEVE THE FACTS
STATED ARE TRUE THIS CERTIFICATE IS NOT TO BE CONSTRUED AS
ABSTRACT OF TITLE, NOR AN OPINION OF TITLE, NOR A GUARANTY OF
TITLE, AND IT IS UNDERSTOOD AND AGREED THAT
----------------------------------, NEITHER ASSUMES, NOR WILL BE
CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATEVER ON
ANY STATEMENT CONTAINED HEREIN.
--- --------------------------
NAME
------------------------------
TITLE
------------------------------------------
TITLE COMPANY
--- --------------------------
ADDRESS
-----------------------------
STATE OF COLORADO )
)SS
COUNTY OF _----_----)
THE TITLE STATEMENT HEREON WAS ACKNOWLEDGED BEFORE ME THIS DATE,
--------------------•200---'BY-------------------------------
AS- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---(TITLE) OF
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (TITLE COMPANY)
MY COMMISSION EXPIRES: ------------------------------------------
WITNESS MY HAND AND OFFICIAL SEAL.
NOTARY PUBLIC
Lone Pine Road Setbacks from Property
Approximately 60
44P
Approximately 20' ■'
L--j
Approximately 25
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so
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19
Roadnet.shp
Four
Rivers &Ponds
Structures
Parcels
City of Aspen