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HomeMy WebLinkAboutcoa.lu.ec.442 W Bleeker St.Weaver Lot Line Adj.1985elcC) { Weaver Lot Line Adjustment �c E • MEMORANDUM TO: Mayor Bill Stirling and Aspen City Council THRU: Harold Schilling, City Manag FROM: Colette Penne, Planning Offic SUBJECT: Weaver Lot Line Adjustment DATE: March 11, 1985 SUMMARY: We recommend approval of a lot line adjustment as per Section 20-19(4) of the Municipal Code. This is the property at 442 W. Bleeker, a.k.a. Pioneer Park. The legal description is as follows: All of Lots K, L, M, N, 0, P, Q, R, and S, and all of Lots A, B and C except the north 70 feet of said Lots A, B and C and except the east 39 inches of said Lot C, Block 36, City and Townsite of Aspen. PREVIOUS ACTION: A lot split of the property was approved in 1980 which created Lot 2 (formerly Lots R and S of Block 36) , and Lot 1 (the remainder of the property) . BACKGROUND AND PROBLEM DISCUSSION: Following the lot split which was done in 1980, Lot 1 contained 23,600 sq.ft. and Lot 2 was 6,000 sq.ft. This proposal is to adjust the lot line between the two lots so that Lot 1 will be reduced to 17,600 sq.ft. and Lot 2 will be increased to 12,000 sq.ft. Current build -out on the property consists of an historic structure and carriage house on Lot 1 which are individually designated as "Exceptional" structures in Aspen's inventory of historic sites and structures. A one-story wood garage also exists on the northerly portion of Lot 1 which is located across the alley from the remainder of Lot 1. A gazebo is situated on Lot 2 which the applicant commits to move to Lot 1 prior to any sale of Lot 2. Since the house and carriage house on Lot 1 are historic structures of such significance and duplexes are the maximum residential density on an R-6 parcel, Lot 1 is fully developed. The 6000 sq.ft. parcel which was formed as Lot 2 as a result of the lot split would allow for only a :jingle -family residence to be built on it. The right to build was provided as a GMP exemption as per Section 24-11.2(d) of the Municipal Code. The applicant has agreed to limit the build -out on Lot 2 to a single-family residence, even though a duplex could be built by competing for the second unit. This request for a lot line adjustment meets the criteria of a sub- division exception set out in Section 20-19 (a) (4) in the following ways: (i) The property is still in one ownership so the landowners of both lots are consenting to the request; (ii) No new lot or parcel is being formed for development or resale purposes. The 1980 lot split procedure was a one- time only exception from subdivision procedures and GMP exemption. No more than the two lots can be created and Lot 2 will be limited by covenant (and it is noted on the plat) to a single-family structure; (iii) Both parcels will continue to conform to the underlying area and bulk requirements of the zone district. ( iv) All applicable zoning and subdivision regulations of the City of Aspen are being complied with. The note on the plat which serves as a consumer protection statement concerning the development of the parcels reads: "Pursuant to the provisions of Section 24-11.2(d) of the Municipal Code of the City of Aspen, no more than two lots, regardless of configuration shall be permitted in the Weaver Subdivision, and Lot 2 of the Weaver Subdivision shall not be improved with other than a single-family residence, together with permitted accessory buildings. In addition to this, the Planning Office feels that a restrictive covenant which states these limitations should be recorded and the Book and Page numbers referred to on the plat. The reason stated in the application for this request is that the Weavers and appraisers of their property feel that the larger lot will be more desirable to prospective purchasers. ALTERNATIVES: The alternatives division exception for the purpose Lots 1 and 2 as proposed. FINANCIAL IMPLICATIONS: N/A are to either approve or deny sub - of adjusting the lot line between ADVISORY COMMITTEE VOTE: This application was handled through expedited review, as a one-step review directly before Council. RECOMMENDED AND PROPOSED MOTION: The Planning Office recommends the following action: "I move to approve a subdivision exception for the purpose of adjusting the lot line between Lots 1 and 2 of the Weaver Sub- division at 442 W. Bleeker as per Section 20-19(a) (4) of the Municipal Code such that Lot 1 will contain approximately 17,600 - 2 - 0 • sq. f t. and Lot 2 will contain 12,000 sq. ft. with the following conditions: 1. The note on the plat limiting development on Lot 2 to a single-family residence must be recorded with the plat. A covenant which restricts the lot in the same manner must be recorded and referred to on the plat. 2. The gazebo on Lot 2 must be moved to L•ot 1 prior to any sale of Lot 2. 3. An encroachment permit must be obtained for the existing fence prior to the sale of Lot 2. 4. Removal of trees will be subject to a permit according to Section 13-76 of the Municipal Code. - 3 - ME MORANDU M TO: Aspen City Council THRU : Hal Schilling, City Manag4e Az�) FROM: Steve Burstein, Planning Office RE: Weaver Lot Line Adjustment DATE: October 9, 1985 SUMMARY: The Planning Office recommends approval of the requested lot line adjustment at 442 W. Bleeker subject to the conditions listed bel ow. LOCATION: 442 W. Bleeker, also known as Pioneer Park, consists of all of Lots K, L, M, N, 0, P, Q, R and S, and all of Lots A, B and C except the north 70 feet of said Lots A, B and C and except the eastern 39 inches of said Lot C, Block 36, City and Townsite of Aspen. ZONING: R-6 PREVIOUS COUNCIL ACTION: A subdivision exception for the purpose of a lot split was approved by Council in 1980, creating Lot 2 (formerly Lots R and S, Block 36) and Lot 1 (the remainder of the property) . A subdivision exception for the purpose of condominiumization of the two-story Victorian structure (Unit 1) and the Carriage House (Unit 2) was also approved in 1980. The Victorian home and Carriage House were individually designated as historic structures in the "Exceptional" category through Ordinance 82-7, passed in 1982. Council originally reviewed the present request for a lot line adjustment on March 11, 1985. During Council discussion, the possi- bility that the City would acquire Lot 2 was brought up and the item was tabled for further discussion. On September 10, 1985, Council again discussed the idea of acquiring Lot 2. Due to the apparent lack of interest by the present Council, the applicant has decided to proceed with the lot line adjustment. BACKGROUND: In the lot split of 1980, Lot 1 was configured to contain 23 ,6 00 s. f . and Lot 2 containing 6,000 s. f . Situated on Lot 1 are the Pioneer Park home and carriage house. A gazebo is located on Lot 2, which the applicants commit to move to Lot 1 prior to any sale of Lot 2. The new configuration of the property would reduce the size of Lot 1 to 17,600 s. f . and increase the size of Lot 2 to 12,000 s. f . The applicants are seeking this reconfiguration because they feel that a larger Lot 2 would be more desireable for the purpose of sales. The Weavers intend to retain ownership of Lot 1. APPLICABLE SECTION OF MUNICIPAL CODE: Section 20-19 (4) states the findings that must be made in order for a lot line adjustment to be approved. The most relevant subparagraph sections are summarized below. 1. The adjustment will not directly or indirectly effect the development rights or permitted density on the property. 2. The lots will continue to conform to the underlying area and bulk requirements. PROBLEM DISCUSSION: Lot 1, containing the historic home and carriage house, is fully developed within the allowable residential uses of the R-6 zone. The 6,000 s.f. parcel which was formed as Lot 2 as a result of the lot split would allow for only a single-family residence to be built on it. By increasing the area to 12,000 s.f., the applicant would have the potential to build a duplex. However, the applicant has agreed to limit the buildout on Lot 2 to a single-family resi- dence. Therefore, this lot line adjustment will not increase the permitted density on the property. Another implication of increasing the size of Lot 2 is that a larger structure can be built based on FAR requirements. A house having a floor area of 4,290 s.f. could be built on the 12,000 s.f. lot, whereas a 3,240 s.f. house could be built on a 6,000 s.f. lot. The Planning Office is concerned that such a large house could overshadow the Pioneer Park home. However, the lot is of such a size to be able to accommodate a fairly large structure without negatively affecting the scale of development in the neighborhood. Because of the great historical significance of Pioneer Park, the Planning Office feels that it is very important that a new house on Lot 2 is compatible in siting, massing, materials and architectural design with the existing structures on the property. Although only the structures at 442 W. Bleeker Street are historically designated, we feel it would be appropriate for the Historic Preservation Commit- tee to review any proposal for new construction on Lot 2 as well as Lot 1. Thirty-two (32) trees with six (6) inch diameter or greater have been identified on the Weaver Subdivision. The majority of these trees are within the present landscape scheme of Lot 2. In our view, these trees contribute a great deal to the existing high quality of the property. A building envelope on Lot 2 should be delineated in order to assure that no trees must be removed for construction purposes. ADVISORY COMMITTEE VOTE: This application was handled through expedited review as a one-step review directly before Council. RECOMMENDED MOTION: "Move to approve a subdivision exception for the 2 0 purpose of adjusting the lot line between Lots 1 and 2 of the Weaver Subdivision at 442 W. Bleeker such that Lot 1 will contain approxi- mately 17,600 square feet and Lot 2 will contain 12,000 square feet, subject to the following conditions: 1. The note on the plat limiting development on Lot 2 to a single- family residence must be recorded with the plat. A covenant which restricts the lot in the same manner must be recorded and referred to on the plat. 2. The gazebo on Lot 2 must be moved to Lot 1 prior to any sale of Lot 2. 3. An encroachment permit must be obtained for the existing fence prior to the sale of Lot 2. 4. Removal of trees will be subject to a permit according to Section 13-76 of the Municipal Code. 5. A building envelope must be developed for Lot 2 and delineated on the Subdivision Exception Plat. The envelope should be reviewed by the Planning Office prior to the recordation of the plat through the Engineering Department. 6. Any new construction on Lot 2 will be subject to review by the Historic Preservation Committee, following the procedures and criteria established in Sections 24-9.10 and 24-9.11 of the Municipal Code prior to the issuance of a building permit. 7. The applicants shall agree to join any future improvement district in the event that they are formed." SB.67 3 Weave r Lot 5-fv S,V e xc . 113 i) • r� LAW OFFICES OATES, HUGHES & KNEZEVICH PROFESSIONAL CORPORATION THIRD FLOOR. ASPEN PLAZA BUILDING 533 EAST HOPKINS AVENUE LEONARD M. OATES ASPEN, COLORADO 81611 ROBERT W.HUGHES RICHARD A. KNEZEVICH DEBORAH OUINN June 10, 1986 TELECOPIER 920.1121 Mr. Stephen Burstein HAND DELIVERY Aspen/Pitkin Planning Office 130 S. Galena Street Aspen, CO 81611 Re: Amended Weaver Subdivision Dear Steve: Once again, I am enclosing for your review and consid- eration the proposed Declaration of Covenants for the Amended Weaver Subdivision, together with a copy of my April 18th letter under which they were first forwarded to you. The Covenants, I feel, fairly incorporate the terms of the approval granted the proposal by the City Council quite some time ago. By copy of this letter, I am also sending a copy of the proposed Covenants to Paul Taddune for his review. I would appreciate your or Paul getting back to me at your soonest convenience with any comments you may have on the Covenants or, if the Covenants meet with your approval, so advising me in order that I might obtain the Weavers' signatures and complete this process. In the meantime, I have also forwarded a mylar of the Amended Weaver Subdivision Plat to the Engineering Department for its comments. Thank you for your prompt attention to this matter. Sincerely, i OATES, HUG ES K4EZ VI , P.C. By Rob rt W. Hughes RWH/caa Enclosure cc: Jeff Weaver Paul J. Taddune, Esq. rwh3.20 I LAW OFFICES OATES, HUGHES & KNEZEVICH PROFESSIONAL CORPORATION THIRD FLOOR. ASPEN PLAZA BUILDING 933 EAST HOPKINS AVENUE LEONARD M.OATES ASPEN. COLORADO 81611 ROBERT W. HUGHES RICHARD A. KNLZMCH DEBORAH QUINN April 18, 1986 Mr. Steve Burstyn Aspen/Pitkin Planning Office City of Aspen Planning & Zoning Commission 130 S. Galena Street Aspen, CO 81611 Re: Weaver Subdivision AREA COOS 203 TELEPHONE 920.1700 TELECOPIER 920•I121 Dear Steve: In connection with the above -referenced matter, I am enclosing for your consideration draft Covenants, which incorpor- ate the conditions of approval to the Amended Weaver subdivision. If the Covenants meet with your approval and that of the City Attorney, please let me know, and I will have the Weavers execute them. These will then be placed of record along with the Amended Subdivision Plat, the original mylar of which has been presented to the Engineering Department. As always, if you have any questions or concerns, give me a call. 1 Sincerely] OATEN, HUGHES & KNEZEVICH, P.C. RWH/ms Enclosures rwh20.67 By rt W. Hughes • • C1@C0 D LAW OFFICES DATES, HUGHES & KNEZEVICH SEP 1 8 1985 PROFESSIONAL CORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING 333 EAST HOPKINS AVENUE LEONARD M. OATES ASPEN, COLORADO 81611 ROBERT W. HUGHES AREA CODE 303 RICHARD A. KNEZEVICH TELEPHONE 920-1700 DEBORAH QUINN September 16, 1985 TELECOPIER 920-1121 Mr. Steve Burstyn Aspen/Pitkin Planning Office City of Aspen Planning & Zoning Commission 130 S. Galena Street Aspen, CO 81611 Re: Lots 1 and 2, Weaver Subdivision (Pioneer Park) Dear Steve: At the meeting of City Council on September 9, 1985, it became fairly apparent that Council does not have a keen interest in pursuing a purchase of a portion of the above -referenced property for park and open space purposes. Although my clients, the Weavers, are still willing to pursue that end, in the meantime they wish to proceed with the lot line adjustment for which they made application quite some time ago and which was tabled by Council at its March 11, 1985 meeting in order to afford time to explore possible acquisition alternatives. At that March 11, 1985 meeting, Council was of the view that all requirements for the lot line adjustment had been met; it simply was reluctant to grant the lot line adjustment lest that impede progress toward a possible acquisition for park purposes. Please, therefore, place the matter of the lot line adjust- ment once again on City Council's agenda for the earliest avail- able date. I would appreciate your advising me as to the date selected and forwarding to me a copy of any Planning Office memorandum that may be prepared on the matter. Thank you for your continued assistance and cooperation. SiZRo OAHE & KNEZEVICH, P.C. By . Hughes RWH/caa rwh3.10 LAW OFFICES OATES, HUGHES & KNEZEVICH PROFESSIONAL CORPORATION THIRD FLOOR. ASPEN PLAZA BUILDING 533 EAST HOPKINS AVENUE LEONARD M. OATES ASPEN, COLORADO 81611 ROBERT W. HUGHES RICHARD A. KNEZEVICH DEBORAH OUINN February 5, 1985 Aspen/Pitkin Planning Office City of Aspen Planning & Zoning Commission 130 S. Galena Street Aspen, CO 81611 Ladies and Gentlemen: I. REQUEST AREA CODE 303 TELEPHONE 920-1700 TELECOPIER 920-1 121 We represent John F. Weaver and his mother, Mary Parker Weaver, who are the owners in co -tenancy of Lots 1 and 2 of the Weaver Subdivision and who, by this request, seek your considera- tion of a lot line adjustment pursuant to Section 20-19(4) of the City Code so as to increase the size of Lot 2 from its current 6,000 square feet to 12,000 square feet. Accompanying this request are the applicant's check in the amount of $680.00 to cover the processing fee and the Ownership and Encumbrances Report of Transamerica Title Insurance Company disclosing the ownership of the properties. II. BACKGROUND Lots 1 and 2 of the Weaver Subdivision occupy what was formerly known as (the "Property"): All of Lots K, L, M, N, all of Lots A, B and C, feet of said Lots A, B east 39 inches of said and Townsite of Aspen, Pitkin County, Colorado O, P, Q, R and S, and EXCEPT the north 70 and C and EXCEPT the Lot C, Block 36, City In 1980, the Weavers sought and received approval for a lot split of the Property which resulted in the creation of'Lot 2 (formerly Lots R and S of Block 36) and Lot 1 (the balance of the Property) of the Weaver Subdivision. Lot 1 is improved with a brick two-story Victorian structure and attached carriage house which, in conjunction with the lot split, were condominiumized and are now known as the Pioneer Park Condominiums. Lot 2 is unimproved except for the presence of a gazebo. OATES, HUGHES & KNEZEVICH, P. C. Aspen/Pitkin Planning Office February 5, 1985 Page 2 III. LOT LINE ADJUSTMENT We believe that all the conditions requisite to a lot line adjustment as set forth in Section 20-19(4)(i)-(iv) have been met in this case. That is: (a) Since the entire Property is under single owner- ship in the applicants, the requirement that the request be between consenting adjacent landowners has, by definition, been met or is, in the circum- stances, academic; (b) The adjustment will not directly or indirectly affect the development rights or permitted density on the Property by providing the opportunity to create a new lot or parcel for development or resale purposes. Indeed, by virtue of the lot split for which the Weavers received approval in 1980, as indicated above, which is a one time only exemption from GMP/Subdivision approval, no more than the presently existing two lots can ever be created on the Property; nor can Lot 2 ever be improved with anything but a single-family dwell- ing. The applicants acknowledge these limitations and are prepared to record a covenant in such form as the City may approve to this end to make the limitations applicable to Lot 2 more manifest and the accompanying proposed Amended Weaver Subdivi- sion Plat conspicuously sets forth these re- strictions; (c) Subsequent to the lot line adjustment hereby sought, both parcels will continue to conform to the underlying area and bulk requirements of the R-6 zone district in which they are situate; and (d) In all other respects, the properties comply with applicable zoning and subdivision regulations of the City of Aspen. The Weavers have decided to seek this lot line adjustment because it is becoming too expensive for them to own the entirety of the Property and because their analysis (and that of real estate appraisers) of the real estate market indicates that a lot larger than the present 6,000 square foot one in this proximity is more desirable. OATEs, HUGHEs & KNEZEVICH, P. C. Aspen/Pitkin Planning Office February 5, 1985 Page 3 Incidentally, the gazebo that is currently located on Lot 2 will, prior to any sale of Lot 2, be relocated to Lot 1 as an appurtenance to the Pioneer Park Condominiums. IV. AMENDED PLATS We have also accompanied this request with a proposed Amended Weaver Subdivision (Exemption Map) which details the proposed reconfiguration of Lots 1 and 2, as well as an Amended Condominium Plat for the Pioneer Park Condominiums showing the corresponding 6,000 square foot reduction in the real property (common element) thereto appurtenant. We look forward to answering any questions you may have in connection with this request at your earliest possible conve- nience. Thank you for your consideration. A Sincerely, OATES, HAH S & KNEZEV- CH, P.C. I � ! e j /j) Robert W. Hughes RWH/caa Enclosures cc: Jeff Weaver rwh3.35 MEMORANDUM TO: HIII Schilling, City Manager L )J. FROM: Steve Burstein, Planning Office RE: Weaver Subdivision DATE: July 8, 1985 John F. Weaver and Mary Parker Weaver would like to discuss with the present City Council the possible City acquisition of Lot 2, Weaver Subdivision (Pioneer Park property, 442 W. Bleeker). This matter was brought up by Councilman Knecht at the time of the Weaver lot line adjustment review in March, 1985 and was tabled for further discussion. Please forward the attached letter from Bob Hughes, delivered to the Planning Office last Friday, to City Council members, and let me know when this matter will be scheduled so I can be prepared to attend. Thank you. • • LAW OFFICES OATES, HUGHES & KNEZEVICH LEONARD M. OATES ROBERT W. HUGHES RICHARD A. KNEZEVICH DEBORAH OUINN Aspen City Council 130 S. Galena Street Aspen, CO 81611 PROFESSIONAL CORPORATION THIRD FLOOR. ASPEN PLAZA BUILDING 533 EAST HOPKINS AVENUE ASPEN. COLORADO 81611 July 3, 1985 Re: Lots 1 and 2, Weaver Subdivision Dear Council Members: AREA CODE 303 TELEPHONE 920-1700 TELECOPIER 920-1121 JR.5w We represent John F. Weaver and his mother, Mary Parker Weaver, who own the above -referenced property which consists essentially of the southerly one-half of Block 36 in the City and Townsite of Aspen. A few months back, we made application to you for a lot line adjustment under Section 20-19(4)(i)-(v) of the City Code to increase the size of Lot 2 from its current 6,000 square feet to 12,000 square feet. A copy of the application that we filed on behalf of the Weavers is enclosed. At the meeting to discuss our request, then Councilman Knecht expressed an inter- est in trying to arrange a means whereby Lot 2 could be acquired by the City (possibly with public and private funds) for park and open space purposes. The rest of Council then seemed to be in agreement and we, therefore, presented the idea to our clients, who also expressed a keen interest. The composition of Council has since changed and before we get too deeply into the matter in terms of exploring means by which the property could be acquired by the City for park purposes, we need to know if there is yet a consensus among Council members to that end. If not, it is only fair that the matter of the Weavers' lot line adjustment, which form the basis of our earlier request, be once again brought to your attention for a decision. OATES, HUGHES &- KNEZEVICH, Y. L. Aspen City Council July 3, 1985 Page 2 We look forward to discussing the matter with you further at the earliest possible agenda date. Thank you for your consideration. OATE$, HUCIHV$ &INNMZEIICH, P.C. By RWH/caa Enclosure cc: Paul J. Taddune, Esq. Alan Richman rwh3.07 rt W. Hughes 0 KI LAW OFFICES OATES, HUGHES & KNEZEVICH PROFESSIONAL CORPORATION THIRD FLOOR. ASPEN PLAZA BUILDING 533 EAST HOPKINS AVENUE LEONARD M. OATES ASPEN. COLORADO 81611 ROBERT W. HUGHES RICHARD A. KNEZEVICH DEBORAH QUINN February 5, 1985 Aspen/Pitkin Planning Office City of Aspen Planning & Zoning Commission 130 S. Galena Street Aspen, CO 81611 Ladies and Gentlemen: I. REQUEST AREA CODE 303 TELEPHONE 920-1700 TELECOPIER 920-1121 We represent John F. Weaver and his mother, Mary Parker Weaver, who are the owners in co -tenancy of Lots 1 and 2 of the Weaver Subdivision and who, by this request, seek your considera- tion of a lot line adjustment pursuant to Section 20-19(4) of the City Code so as to increase the size of Lot 2 from its current 6,000 square feet to 12,000 square feet. Accompanying this request are the applicant's check in the amount of $680.00 to cover the processing fee and the Ownership and Encumbrances Report of Transamerica Title Insurance Company disclosing the ownership of the properties. II. BACKGROUND Lots 1 and 2 of the Weaver Subdivision occupy what was formerly known as (the "Property"): All of Lots K, L, M, N, O, P, Q, R and S, and all of Lots A, B and C, EXCEPT the north 70 feet of said Lots A, B and C and EXCEPT the east 39 inches of said Lot C, Block 36, City and Townsite of Aspen, Pitkin County, Colorado In 1980, the Weavers sought and received approval for a lot split of the Property which resulted in the creation of Lot 2 (formerly Lots R and S of Block 36) and Lot 1 (the balance of the Property) of the Weaver Subdivision. Lot 1 is improved with a brick two-story Victorian structure and attached carriage house which, in conjunction with the lot split, were condominiumized and are now known as the Pioneer Park Condominiums. Lot 2 is unimproved except for the presence of a gazebo. GATES, HUGHES & K:VEZEVICH, P. C. Aspen/Pitkin Planning Office February 5, 1985 Page 2 III. LOT LINE ADJUSTMENT We believe that all the conditions requisite to a lot line adjustment as set forth in Section 20-19(4)(i)-(iv) have been met in this case. That is: (a) Since the entire Property is under single owner- ship in the applicants, the requirement that the request be between consenting adjacent landowners has, by definition, been met or is, in the circum- stances, academic; (b) The adjustment will not directly or indirectly affect the development rights or permitted density on the Property by providing the opportunity to create a new lot or parcel for development or resale purposes. Indeed, by virtue of the lot split for which the Weavers received approval in 1980, as indicated above, which is a one time only exemption from GMP/Subdivision approval, no more than the presently existing two lots can ever be created on the Property; nor can Lot 2 ever be improved with anything but a single-family dwell- ing. The applicants acknowledge these limitations and are prepared to record a covenant in such form as the City may approve to this end to make the limitations applicable to Lot 2 more manifest and the accompanying proposed Amended Weaver Subdivi- sion Plat conspicuously sets forth these re- strictions; (c) Subsequent to the lot line adjustment hereby sought, both parcels will continue to conform to the underlying area and bulk requirements of the R-6 zone district in which they are situate; and (d) In all other respects, the properties comply with applicable zoning and subdivision regulations of the City of Aspen. The Weavers have decided to seek this lot line adjustment because it is becoming too expensive for them to own the entirety of the Property and because their analysis (and that of real estate appraisers) of the real estate market indicates that a lot larger than the present 6,000 square foot one in this proximity is more desirable. OATES, HUGHES & KNEZEVICH, P. C. Aspen/Pitkin Planning Office February 5, 1985 Page 3 Incidentally, the gazebo that is currently located on Lot 2 will, prior to any sale of Lot 2, be relocated to Lot 1 as an appurtenance to the Pioneer Park Condominiums. IV. AMENDED PLATS We have also accompanied this request with a proposed Amended Weaver Subdivision (Exemption Map) which details the proposed reconfiguration of Lots 1 and 2, as well as an Amended Condominium Plat for the Pioneer Park Condominiums showing the corresponding 6,000 square foot reduction in the real property (common element) thereto appurtenant. We look forward to answering any questions you may have in connection with this request at your earliest possible conve- nience. Thank you for your consideration. Sincerely, 1 OATES, H1JGH S & 1KNEZEV CH, P.C. I � By Robert W. Hughes RWH/caa Enclosures cc: Jeff Weaver rwh3.35 The Stallard House 620 West Sleeker Street 925-3721 1-4 p.m. Except Mondays April 8, 1985 To: Aspen City Council, Aspen is unique; a town with a flavor of its own and a history a century old. Visitors and locals alike marvel at the Vic- torian Aspen, despite the random mixture of architectural styles,history is reflected in the old buildings and neighbor- hoods! The Aspen Historical Society appreciates the integrity of the elected official to recognize and preserve this heritage. PIONEER PARK 422 West Bleeker This handsome example of early Aspen -architecture was built in 1885 and named Pioneer Park by Henry Webber, businessman and publisher of the "Aspen Daily Leader". Mr. Webber also built the Isis Theater and the Elks building. Henry Webber served as the fifth Mayor of Aspen. Later owners of Pioneer Park were the Prechtls who had a blacksmith shop in Aspen. The Walter Paepckes bought the property in the 194O's. They did a great deal of remodeling, redecorating, and landscaping, During the Goethe Bi-Centennial, Albert Schweitzer and his wife stayed in the guest house, and that has since been known as the Schweitzer Cottage. Aspen was the only place in the United States Schweitzer ever visited. For your consideration) Sincerely, Aspen Historical Society Board of Trustees President, Carol Blomquist 0 J O Y- F- Z O U Z Y F- i. z w a. ua LL- 0 w 0 w m m w 3 z W 0 LL- LLJ z w 0 CN l+J 0 0 T LAW OFFICES ELEP OATES, HUGHES & KNEZEVICH PROFESSIONAL CORPORATION THIRD FLOOR. ASPEN PLAZA BUILDING 533 EAST HOPKINS AVENUE LEONARD M. OATES ASPEN. COLORADO 8161 1 ROBERT W. HUGHES AREA CODE 303 RICHARD A. KNEZEVICH September 6, 1985 TELEPHONE 920-1700 DEBORAH QUINN TELECOPIER 920-1121 Mr. Steve Burstyn Aspen/Pitkin Planning Office City of Aspen Planning & Zoning Commission 130 S. Galena Street Aspen, CO 81611 Re: Lots 1 and 2, Weaver Subdivision Dear Steve: We have yet to receive anything from the city signify- ing that it is interested in facilitating a purchase of the above -referenced property for park and open space purposes. Although my clients are still willing to explore that possibil- ity, due to the apparent lack of interest on the part of the city, we feel that we have no alternative but to insist that the matter of the lot line adjustment for which we earlier made application on behalf of the Weavers be once again placed on the earliest available agenda date of the city council. Please advise me as to when the matter will be again presented to council and let me know if there is anything further that I might supply you to assist your handling of the matter. Sincerely, OATES;, BPGHES & KNEZEVICH, P.C. By l Ro#Idrt V ug RWH/ms cc: Ron Mitchell RWH3.29 s •• MEMORANDUM To: Colette Penne From: Elyse Elliott Date: February 25, 1985 Re: Weaver Lot Line Adjustment Upon inspection and review of the above, the Engineering Department has the following comments: The Weaver's applied for a subdivision exemption in 1979. One of the conditions of approval was that the Weaver's obtain a fence encroachment permit. According to our records, this permit was never applied for. We recommend that the Weaver's apply for this permit as soon as possible. A permit is also needed if any of the trees are to be removed. This is under section 13-76 of the Municipal Code. Other than these permits, the Engineering Department sees no problem with this lot line adjustment. MEMORANDUM TO: City Attorney ,,CityEngineer FROM: Colette Penne, Planning Office RE: Weaver Lot Line Adjustment DATE: February 14, 1985 Attached for your review is an application submitted by Bob Hughes on behalf of his clients John F. Weaver and Mary. Parker Weaver, requesting approval for a lot line adjustment on property located at Lots 1 and 2 of the Weaver Subdivision (Lots K, L, M, N, 0, P, Q, R and S, and a portion of Lots A, B and C, Block 36, City and Townsite of Aspen) . The property is between Fourth and Third Streets on the north side of Bleeker Street. The applicants are requesting a lot line adjustment for the purpose of increasing the size of Lot 2 from 6,000 s.f. to 12,000 s.f. and decreasing the size of Lot 1 from 23,600 s.f. to 17,600 s.f. Please review this material and return your referral comments to the Planning Office no later than February 25, 1985, in order for this office to have adequate time to prepare for its presentation before the City Council at their meeting on March.11, 1985. Thank you. • • LAW OFFICES OATES, HUGHES & KNEZEVICH PROFESSIONAL CORPORATION THIRD FLOOR. ASPEN PLAZA BUILDING 533 EAST HOPKINS AVENUE LEONARD M. OATES ASPEN, COLORADO 81611 ROBERT W. HUGHES AREA CODE 303 RICHARD A, KNEZEVICH TELEPHONE 920-1700 DEBORAH QUINN February 5, 1985 TELECOPIER 920-1121 Ms. Colette Penne Aspen/Pitkin Planning Office 130 S. Galena Street Aspen, CO 81611 Re: Weaver Subdivision Lot Line Adjustment Dear Colette: I have accompanied this letter with duplicates of a letter application for a lot line adjustment in connection with the Weaver Subdivision. As you and I briefly reviewed the matter some months back, we agreed that the application could be handled in a single step proceeding before the City Council. As such, we agreed that a submission fee of $680.00 would suffice. Our client's check in that amount accompanies the application. Please give me a call should you have any questions. Sincerely, OAT S, UGHE & KNEZEVICH, P.C. By Robert W. Hughes RWH/caa Enclosures rwh3.04 0 . LAW OFFICES OATES, HUGHES & KNEZEVICH LEONARD M. OATES ROBERT W. HUGHES RICHARD A. KNEZEVICH DEBORAH QUINN Aspen/Pitkin Planning City of Aspen Planning 130 S. Galena Street Aspen, CO 81611 Ladies and Gentlemen: PROFESSIONAL CORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING 533 EAST HOPKINS AVENUE ASPEN. COLORADO 81611 February 5, 1985 Office & Zoning Commission I. REQUEST AREA CODE 303 TELEPHONE 920-1700 TELECOPIER 920-1 121 We represent John F. Weaver and his mother, Mary Parker Weaver, who are the owners in co -tenancy of Lots 1 and 2 of the Weaver Subdivision and who, by this request, seek your considera- tion of a lot line adjustment pursuant to Section 20-19(4) of the City Code so as to increase the size of Lot 2 from its current 6,000 square feet to 12,000 square feet. Accompanying this request are the applicant's check in the amount of $680.00 to cover the processing fee and the Ownership and Encumbrances Report of Transamerica Title Insurance Company disclosing the ownership of the properties. II. BACKGROUND Lots 1 and 2 of the Weaver Subdivision occupy what was formerly known as (the "Property"): All of Lots K, L, M, N, all of Lots A, B and C, feet of said Lots A, B east 39 inches of said and Townsite of Aspen, Pitkin County, Colorado O, P, Q, R and S, and EXCEPT the north 70 and C and EXCEPT the Lot C, Block 36, City In 1980, the Weavers sought and received approval for a lot split of the Property which resulted in the creation of Lot 2 (formerly Lots R and S of Block 36) and Lot 1 (the balance of the Property) of the Weaver Subdivision. Lot 1 is improved with a brick two-story Victorian structure and attached carriage house which, in conjunction with the lot split, were condominiumized and are now known as the Pioneer Park Condominiums. Lot 2 is unimproved except for the presence of a gazebo. OATES, HUGHES & KNEZEVICH, P. C. Aspen/Pitkin Planning Office February 5, 1985 Page 2 III. LOT LINE ADJUSTMENT We believe that all line adjustment as set forth been met in this case. That the conditions requisite to a lot in Section 20-19(4)(i)-(iv) have is: (a) Since the entire Property is under single owner- ship in the applicants, the requirement that the request be between consenting adjacent landowners has, by definition, been met or is, in the circum- stances, academic; (b) The adjustment will not directly or indirectly affect the development rights or permitted density on the Property by providing the opportunity to create a new lot or parcel for development or resale purposes. Indeed, by virtue of the lot split for which the Weavers received approval in 1980, as indicated above, which is a one time only exemption from GMP/Subdivision approval, no more than the presently existing two lots can ever be created on the Property; nor can Lot 2 ever be improved with anything but a single-family dwell- ing. The applicants acknowledge these limitations and are prepared to record a covenant in such form as the City may approve to this end to make the limitations applicable to Lot 2 more manifest and the accompanying proposed Amended Weaver Subdivi- sion Plat conspicuously sets forth these re- strictions; (c) Subsequent to the lot line adjustment hereby sought, both parcels will continue to conform to the underlying area and bulk requirements of the R-6 zone district in which they are situate; and (d) In all other respects, the properties comply with applicable zoning and subdivision regulations of the City of Aspen. The Weavers have decided to seek this lot line adjustment because it is becoming too expensive for them to own the entirety of the Property and because their analysis (and that of real estate appraisers) of the real estate market indicates that a lot larger than the present 6,000 square foot one in this proximity is more desirable. OATEs, HUGHES & KNEZEVICH, P. C. Aspen/Pitkin Planning Office February 5, 1985 Page 3 Incidentally, the gazebo that is currently located on Lot 2 will, prior to any sale of Lot 2, be relocated to Lot 1 as an appurtenance to the Pioneer Park Condominiums. IV. AMENDED PLATS We have also accompanied this request with a proposed Amended Weaver Subdivision (Exemption Map) which details the proposed reconfiguration of Lots 1 and 2, as well as an Amended Condominium Plat for the Pioneer Park Condominiums showing the corresponding 6,000 square foot reduction in the real property (common element) thereto appurtenant. We look forward to answering any questions you may have in connection with this request at your earliest possible conve- nience. Thank you for your consideration. Sincerely, OATES, HtGH�S & KNEZEVI H, P.C. Robert W. Hughes RWH/caa Enclosures cc: Jeff Weaver rwh3.35 • • 3IE310RANDU31 OF O`i'NERSHIP ACCOMMODATION - NO LIABILITY r Bob Hughes Oates, Hughes & Knezevich 533 East Hopkins Aspen, CO 81611 L Description: J Please direct correspondence to: 601 E. Hopkins ADDRESS Aspen, CO 81611 CITY STATE ZIP CODE ORDER NUMBER 8481-9 PIONEER PARK CONDOMINIUM,(formerly known as Lot 1, Weaver Subdivision,) and Lot 2, WEAVER SUBDIVISION, both formerly known as: All of Lots K, L, M, N, O, P, Q, R and S, and all of Lots A, B, and C except the North 70 feet of said Lots A. B, and C and except the East 39 inches of said Lot C, Block 36, CITY AND TOWNSITE OF ASPEN. Grantee in last instrument apparently transferring ownership: MARY WEAVER and JOHN F. WEAVER, JR. Trust deeds and mortgages apparently unreleased : None Liens and judgements (against last grantee) apparently unreleased: None This information is for your sole use and benefit and is furnished as an accommodation. The information has been taken from our tract indices, without reference to, or examination of, instruments which purport to affect the real property. The information is neither guaranteed nor certified, and is not an Abstract of Title, Opinion of Title, nor a Guaranty of Title, and our liability is limited to the amount of the fees. Date: December 3, , 19 84 , at 8 :00 A.M. Transamericali le Insurance Company By b��l 441-7 U61 Form No. C-567 r: MEMORANDUM TO: City Attorney FROM: Steve Burstein, Planning Office RE: Amended Weaver Statement of Subdivision Exception DATE: September 26, 1986 The Planning Office has reviewed the Declaration of Covenants, Restrictions and Conditions for Amended Weaver Subdivision attached to your 8-27-86 memorandum and finds that the conditions of Council's 10-15-85 approval are being entirely met. 41 CITY OF ASPEN 130 south galena street aspen, colorado 81611 303-925 -2020 MEMORANDUM DATE: August 27, 1986 TO: Planning Office FROM: City Attorney RE: Amended Weaver Subdivision Please let me know if the attached Declaration of Covenants meets with your approval in connection with the Amended Weaver Subdivi- sion. PJT/mc Attachment DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS FOR AMENDED WEAVER SUBDIVISION Mary Parker Weaver and John F. Weaver, Jr., ("Covenan- tors"), for themselves, their heirs, executors, administrators, successors and assigns, in consideration of the granting of an exception from the full subdivision process for the purpose of the subdivision of the following -described property, hereby covenant with the City of Aspen, Pitkin County, Colorado, to restrict such property, and hereby do restrict such property, as follows: 1. Covenantors are the owners of the following de- scribed property (the "Property") situated in the City of Aspen, County of Pitkin, State of Colorado: All of Lots K, L, M, N, 0, P, Q, R, and S, an all of Lots A, B, and C, except the North 70 feet of said Lots A, B, and C, and except the east 39 inches of said Lot C, Block 36, original Aspen townsite. hereafter to be known as Amended Weaver Subdivision, as shown on the Amended Weaver Subdivision Plat therefor recorded in Plat Book at Page , of the Pitkin County, Colorado real property records. 2. In the event that any municipal improvement or improvements of a kind contemplated in Section 20-16 of the Municipal Code of the City of Aspen, as amended, become, in the sole judgment or discretion of the City Council of the City of Aspen, necessary or desirable in an area including the Property, Covenantors will make no objection to any special assessment or special tax or proceeding therefor on the basis that the Proper- ty is adequately served by existing improvements and/or on the basis that the premises will not be served or benefited by the improvement or improvements proposed. Covenantors further agree to join, upon the City's demand therefor, any improvement district formed for construction of such improvements (includ- ing, without limitation, drainage, underground utilities, paving, curbs, gutters, sidewalks, street lights, etc.) in an area including the Property or to reimburse the City of Aspen directly upon demand therefor if the City should choose to construct these improvements without the formation of such a district. 3. Prior to any sale by Covenantors of Lot 2 as reflected on the Amended Weaver Subdivision Plat, Covenantors will (a) relocate the gazebo presently thereon situate to Lot 1, and (b) obtain from the City an encroachment permit for the existing fence at the rear of Lot 2 to the extent and in respect of those portions of the fence that encroach upon the public alley right of way. 4. Prior to any new construction on Lot 2, the owner thereof shall submit to the City of Aspen Historic Preservation Committee ("HPC") sufficient information (architectural drawings and the like) so that the HPC can evaluate the proposed con- struction and make such recommendations as it deems appropriate. In this respect, the HPC shall, however, act and shall be seen as acting, only in an advisory capacity, it shall not be in any manner obligatory upon the owner of Lot 2 to incorporate any recommendations of the HPC into the proposed construction, and the disapproval by the HPC of any proposed new construction on Lot 2 shall be without consequence whatsoever. 5. Pursuant to the provisions of Section 24-11.2(d) of The Municipal Code of the City of Aspen ("Code"), without first obtaining a development allotment under Chapter 24, Article XI of the Code, no more than two (2) lots, regardless of configuration, shall be permitted in the Weaver Subdivision and Lot 2 of the Weaver Subdivision shall not be improved with other than a single-family residence, together with permitted accessory buildings. 6. These covenants may be changed, modified or amended by the recording of a written instrument signed by the record owners of the Property and the Mayor of the City of Aspen pursuant to a vote taken by the City Council. 7. These covenants shall run with the land and shall be binding upon all parties having any right, title or interest - 2 - in the Property or any part thereof, and their heirs, represen- tatives, successors and assigns, for the period of the life of the longest -lived member of the presently -constituted Aspen City Council plus twenty-one (21) years, or for a period of fifty (50) years from the date these covenants are recorded, whichever is less. 8. These covenants shall not be released or waived in any respect during the period they are binding without the prior consent of the City of Aspen reflected by resolution of the City Council of the City of Aspen. 9. In any legal proceeding to enforce the provisions hereof, the prevailing party shall be entitled to recover its costs and fees therein, including its reasonable attorneys' fees and expert witness fees. IN WITNESS WHEREOF, this Declaration has been duly executed this day of , 1986. COVENANTORS: Mary Parker Weaver John F. Weaver, Jr. STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of 1986, by.Mar_y_Parker Weaver and John F. Weaver, Jr. WITNESS my hand and official seal. (SEAL) My commission expires: rwh20.65 Notary Public - 3 - MEMORANDUM TO: Paul Taddune, City Attorney FROM: Steve Burstein, Planning Office RE: Weaver Lot Line Adjustment DATE: June 16, 1986 I have reviewed the proposed covenants associated with the Weaver Subdivision Exception for a lot line adjustment prepared by Robert W. Hughes. The Planning Office case disposition form is attached listing the conditions of approval in the action taken by Council on October 15, 1985. Condition No. 1 indicates that there should be a covenant restricting Lot 2 to a single-family residence, to which re- ference would be made on the plat. A covenant should be written to address this restriction. Conditions No. 2, 3, 5 and 6 are satisfactorily addressed in the proposed covenants. SB.13 DISPOS IT ION: I�j��dQr � flt _viewed by: t,s'pen P&Z City Count. Reviewed By: Aspen P&Z 1 r .__City_ Council', l� S r 1. The note on the plat limiting development on Lot 2 to a single- family residence must be recorded with the plat. A covenant which restricts the lot in the same manner must be recorded and ref erred to on the plat. The gazebo on Lot 2 must be moved to Lot 1 prior to any sale of Lot 2. An encroachment permit must be obtained for the existing fence prior to the sale of Lot 2. Removal of trees will 13-76 of the Municipal be subject to Code. a permit according to Section Any new construction on Lot 2 will be subject to' Historic Preservation reviex,'V) the Committee, following the criteria Municipal established Code in Sections procedures 24-9.10 and 24-9.11 and I of the prior to the issuance -of a building permit. The applicants shall agree to join any district in the event that they are formed." future improvement I • M NDRANDU M DATE : Aun ust 7. 1986 TO! I:ng inePr inq 1- oar tm ent Pl.anninq Office / E1 - City Attornev R:,: Pioneer Park D ��OMMIl` L7AUG - 7 tf it U) Pl-ase let me know if the attached Declaration of tbvenints for Pioneer Par k lneet with your annrov al . ?JT/mc Attachment DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS FOR AMENDED WEAVER SUBDIVISION Mary Parker Weaver and John F. Weaver, Jr., ("Covenan- tors"), for themselves, their heirs, executors, administrators and assigns, in consideration of the granting of an exception from the full subdivision process for the purpose of the subdi- vision of the following -described property, hereby covenant with the City of Aspen, Pitkin County, Colorado, to restrict such property, and hereby do restrict such property, as follows: 1. Covenantors are the owners of the following de- scribed property (the "Property") situated in the City of Aspen, County of Pitkin, State of Colorado: All of Lots K, L, M, N, O, P, Q, R, and S, an all of Lots A, B, and C, except the North 70 feet of said Lots A, B, and C, and except the east 39 inches of said Lot C, Block 36, original Aspen townsite. hereafter to be known as Amended Weaver Subdivision, as shown on the Amended Weaver Subdivision Plat therefor recorded in Plat Book at Page of the Pitkin County, Colorado real property records. 2. In the event that any municipal improvement or improvements of a kind contemplated in Section 20-16 of the Municipal Code of the City of Aspen, as amended, become, in the sole judgment or discretion of the City Council of the City of Aspen, necessary or desirable in an area including the Property, Covenantors will make no objection to any special assessment or special tax or proceeding therefor on the basis that the Proper- ty is adequately served by existing improvements and/or on the basis that the premises will not be served or benefited by the improvement or improvements proposed. Covenantors further agree to join, upon the City's demand therefor, any improvement district formed for construction of such improvements (includ- ing, without limitation, drainage, underground utilities, paving, curbs, gutters, sidewalks, street lights, etc.) in an area including the Property or to reimburse the City of Aspen directly upon demand therefor if the City should choose to construct these improvements without the formation of such a district. 3. Prior to any sale by Covenantors of Lot 2 as reflected on the Amended Weaver Subdivision Plat, Covenantors will (a) relocate the gazebo presently thereon situate to Lot 1, and (b) obtain from the City an encroachment permit for the existing fence at the rear of Lot 2 to the extent and in respect of those portions of the fence that encroach upon the public alley right of way. 4. Prior to any new construction on Lot 2, the owner thereof shall submit to the City of Aspen Historic Preservation Committee ("HPC") sufficient information (architectural drawings and the like) so that the HPC can evaluate the proposed con- struction and make such recommendations as it deems appropriate. In this respect, the HPC shall, however, act and shall be seen as acting, only in an advisory capacity, it shall not be in any manner obligatory upon the owner of Lot 2 to incorporate any recommendations of the HPC into the proposed construction, and the disapproval by the HPC of any proposed new construction on Lot 2 shall be without consequence whatsoever. 5. These covenants may be changed, modified or amended by the recording of a written instrument signed by the record owners of the Property and the Mayor of the City of Aspen pursuant to a vote taken by the City Council. 6. These covenants shall run with the land and shall) be binding upon all parties having any_,right, title or interest in the Property or any part thereof, and their heirs, represen- tatives, successors and assigns, for the period of the life of the longest -lived member of the presently -constituted Aspen City Council plus twenty-one (21) years, or for a period of fifty (50) years from the date these covenants are recorded, whichever is less. 7. These covenants shall not be released or waived in any respect during the period they are binding without the - 2 - prior consent of the City of Aspen reflected by resolution of the City Council of the City of Aspen. 8. In any legal proceeding to enforce the provisions hereof, the prevailing party shall be entitled to recover its costs and fees therein, including its reasonable attorneys' fees and expert witness fees. IN WITNESS WHEREOF, this Declaration has been duly executed this day of 1986. COVENANTORS: Mary Parker Weaver John F. Weaver, Jr. STATE OF COLORADO ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 1986, by Mary Parker Weaver and John F. Weaver, Jr. WITNESS my hand and official seal. My commission expires: (SEAL) rwh20.65 Notary Public - 3 -