HomeMy WebLinkAboutcoa.lu.ec.442 W Bleeker St.15A-87Gf%2avef— /,a%' a�as-��y-8o
735-/4d4—&1/ —ooi
// G O Z
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
(303) 925-2020
LAND USE APPLICATION FEES
City
00113 - 63721 - 47331 GMP/CONCEPTUAL
- 63722 - 47332
- 63723 - 47333
- 63724 - 47341
- 63725 - 47342
- 63726 - 47343
- 63727 - 47350
- 63728 - 47360
REFERRAL FEES:
00125 -63730 - 47380
00123 -63730 -47380
00115 -63730 -47380
County
GMP/PRELIMINARY
GMP/FINAL
SUB/CONCEPTUAL
SUB/PRELIMINARY
SUB/FINAL
ALL 2-STEP APPLICATIONS
ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
ENVIRONMENTAL HEALTH
HOUSING
ENGINEERING
SUB -TOTAL
00113
- 63711
- 47431
GMP/GENERAL
- 63712
- 47432
GMP/DETAILED
- 63713
47433
GMP/FINAL
- 63714
47441
SUB/GENERAL
- 63715
- 47442
SUB/DETAILED
- 63716
- 47443
SUB/FINAL
- 63717
- 47450
ALL 2-STEP APPLICATIONS
- 63718
- 47460
ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
REFERRAL FEES:
00125
-63730
47480
ENVIRONMENTAL HEALTH
00123
-63730
47480
HOUSING
00113
- 63731
-47480
ENVIRONMENTAL COORD.
00113
- 63732
-47480
ENGINEERING
PLANNING OFFICE SALES
00113 - 63061
- 09000
COUNTY CODE
- 63062
- 09000
COMP. PLAN
- 63066
- 09000
COPY FEES
- 63069
- 09000
OTHER
Name: T F 1. l_0y P r ;
Address: _`7 A 40 F7"r v,--
Check # Y ��
Additional Billing: _
SUB -TOTAL
SUB -TOTAL
TOTAL
Phone:
Project:
i t1 i
Date: a 7—
# of Hours:
CASELOAD SUMMARY SHEET 735- /,;t `l - 8o -6ol
City of Aspen a 735- /aN- Fr/ -00/
DATE RECEIVED: Jr o26
DATE COMPLETE:
PROJECT NAME: tk
Project Address:
APPLICANT- ,-/
Applicant Address:
REPRESENTATIVE:
Representative
L-�
r
r
a73S- /.ay - ?/-00A,-
PARCEL ID AND CASE NO.
16A - 001
STAFF MEMBER:
'70o
TYPE OF APPLICATION: �(�c�0//V/S!o/7 Eyc �loh Tel' / h h AVI
PAID: AMOUNT: 3b
1 STEP APPLICATION:
P&Z MEETING DATE: •PUBLIC HEARING: YES NO
DATE REFERRED:
2 STEP APPLICATION:
MEETING DATE:
DATE REFERRED:
REFERRALS:
City Attorney
City Engineer
Housing Dir.
Aspen Water
City Electric
Envir. Hlth.
Aspen Consol.
S.D.
FINAL ROUTING:
V City Atty
Other:
FILE STATUS AND LOCATION:
Mtn. Bell
Parks Dept.
Holy Cross
Fire Marshall
Fire Chief
Roaring Fork
Transit
DATE ROUTED:
City Engineer
INITIALS:
PUBLIC HEA—R-7I�NG: YEZ NO
INITIALS:
School District
Rocky Mtn Nat Gas
State Hwy Dept(GW)
State Hwy Dept(GJ)
B1dg:Zon/Inspect
Roaring Fork
Energy Center
Other
Bldg. Dept.
i
a
CASE DISPOSITION
WEAVER LOT LINE ADJUSTMENT
On July 27, 1987 City Council approved a subdivision exception
for the 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 approximately 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. Any new construction of Lot 2 will be subject to review
by the Historic Preservation Committee, following the
procedure and criteria established in Sections 24-9.4
of the Municipal Code prior to the issuance of a
building permit.
6. The applicants shall agree to join any future improve-
ment district in tht,"event that they are formed.
SB.Weaver
4
MEMORANDUM
TO: Aspen City Council
THRU: Robert S. Anderson, Jr., City Manager
FROM: Steve Burstein, Planning Office {t{Z
RE: Weaver Lot Line Adjustment
DATE: July 27, 1987
SUMMARY: The Planning Office recommends approval of the requested
lot line adjustment at 442 W. Bleeker subject to the conditions
listed below.
LOCATION: 442 W. Bleeker, also known as Pioneer Park, consists of
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
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 condo-
miniumization of the two-story Victorian structure (Unit 1) and
the Carriage House (Units 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 first reviewed this request for a lot line adjustment on
March 11, 1985. During Council discussion, the possibility 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; however, little
interest was shown by Council in public purchase.
On October 15, 1985 Council approved the lot line adjustment
subject to the conditions stated below (with the exception of
Condition 7). The applicant failed to record the plat within
ninety (90) days of approval, rendering the plat invalid.
Consequently, the applicant is requesting reconsideration and
approval of the same proposal.
BACKGROUND: In the lot split of 1980, Lot 1 was configured to
contain 23,600 s.f. and Lot 2 containing 6,000 s.f. Situated on
E
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 desirable for the
purpose of sales. The Weavers intend to retain ownership of Lot
1.
APPLICABLE SECTION OF MUNICIPAL CODE: Section 20-19(a)(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.
The expiration of final plat approval is explained in Section 20-
14 (e) as follows:
"Failure on the part of the subdividers to record the final
plat within a period of ninety (90) days following approval
by the City Council shall render the plat invalid..."
REFERRAL COMMENTS:
1. City Attorney: In a June 12, 1987 memorandum, the City
Attorney recommended approval of this lot line adjust-
ment because the failure to meet the time period
appears to have been inadvertent and reconfirming the
original approval will have no adverse impact on the
City.
2. City Engineering Department: Elyse Elliott restated her
concerns in a June 25, 1987 memorandum regarding the
encroachment of an existing fence in the alley and
Section 13-76, permit for tree removal. Conditions 3
and 4 in staff's recommendation respond to these
concerns.
PLANNING OFFICE COMMENTS:
PROBLEM DISCUSSION: Lot 1, containing the historic home and
carriage house, is fully developed within the allowable residen-
tial 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
2
a single-family residence to be built on it. Be 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 residence. 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 archi-
tectural 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 Committee to review any proposal for new
construction on Lot 2 as well as Lot 1. This concept was
previously agreed to by the applicant if HPC review is only
advisory and is contained in Condition 5.
Thirty-two (32) trees with six (6) inch diameter or greater have
been identified in 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. Council chose to not require a building
envelope in the previous approval because removal of trees over
six inches (611) in diameter can only be accomplished after review
and approval by the Parks Director and Building Inspector
according to Section 13-76 of the Municipal Code. The Planning
Office continues to believe that a building envelope gives
further reasonable assurance that the line of trees will not be
removed for the accommodation of building footprints on this lot.
We, therefore, present Condition #7 for your reconsideration.
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 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
approximately 17,600 square feet and Lot 2 will contain 12,000
square feet subject to the following conditions:
91
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. Any new construction of Lot 2 will be subject to review
by the Historic Preservation Committee, following the
procedure and criteria established in Sections 24-9.10
and 24-9.11 of the Municipal Code prior to the issuance
of a building permit.
6. The applicants shall agree to join any future improve-
ment district in the event that they are formed.
7. 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.
CITY MANAGER'S COMMENTS:
,j C 9r611� /rJIN
SB.Weaver
4
0 0
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
May 19, 1987
Mr. Stephen Burstein
Aspen/Pitkin Planning Office
130 S. Galena Street
Aspen, CO 81611
Re: Amended Weaver Subdivision
Dear Steve:
MAY 2 61981
J0
AREA CODE 303
TELEPHONE 920-1700
TELECOPIER 920-1121
The approvals that we obtained in connection with the
Amended Weaver Subdivision lapsed before the Amended Subdivision
Plat was recorded. See Section 20-14(e) of the Aspen Municipal
Code.
Delay in getting the plat recorded was attributable to
some confusion over the form of the Declaration Covenants and to
the fact that the Engineering Office mislaid the mylars that we
had earlier forwarded to it for its signature. In any event,
under the Code it appears as though reconsideration and ratifica-
tion of the earlier approval are necessary. Please, therefore,
allow this letter to serve as a request for reconsideration and
ratification of the Amended Weaver (Lot Line Adjustment) Subdivi-
sion.
To that end, I am enclosing copies of our earlier
request for a lot line adjustment, together with copies of the
Planning Office memoranda thereon. The facts set forth in our
earlier request and in the Planning Office's memoranda are still
accurate although, as you may recall, Condition Number 5 in the
Planning Office Memo was not adopted and Condition Number 6 was
modified to provide that HPC's review would be advisory only.
I am also enclosing herewith the original executed
Declaration of Covenants, Restrictions and Conditions for Amended
A 0 0
DATES, HUGHES & KNEZEVICH, P. C.
Mr. Stephen Burstein
May 19, 1987
Page 2
Weaver Subdivision, the form of which was finally approved by the
City Attorney and executed by the Weavers, duplicate mylars of
the Amended Weaver Subdivision Plat which have been executed by
the Weavers, Alpine Surveys and Pitkin County Title Company and
duplicate mylars of the Amended Condominium Plat for Pioneer Park
Condominiums which have, as well, been executed by the Weavers
and the surveyor.
Given all the mishaps that have attended this particu-
lar project, I would appreciate your giving this your soonest
consideration. Needless to say, if you have any questions, give
me a call.
Sincerely,,
OATESUG ES & KNEZEVICH, P.C.
By
Ro ,4 t W. Hughes
RWH/caa
Enclosures
cc: Paul J. Taddune, Esq.
rwh3.88
0
LEONARD M. OATES
ROBERT W. HUGHES
RICHARD A. KNEZEVICH
DEBORAH OUINN
LAW OFFICES
OATES, HUGHES & KNEZEVICH
PROFESSIONAL CORPORATION
THIRD FLOOR. ASPEN PLAZA BUILDING
533 EAST HOPKINS AVENUE
ASPEN. COLORADO 81611
February 5, 1985
Aspen/Pitkin Planning Office
City of Aspen Planning & Zoning Commission
130 S. Galena Street
Aspen, CO 81611
Ladies and Gentlemen:
AREA CODE 303
- _- - --- -- - -" TELEPHONE 920-1700---
TELECOPIER 920.1121
I. REQUEST
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
1 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.
O:�TES, HUGHES & K:-TEZEVICH, 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.
0
•
OATES, HUGHES 8e KvEZEVICH, 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, r
OATES, HUG 1,
GHIS
&'KNEZEVICH, P.C.
BY
Robert W. Hughes
RWH/caa
Enclosures
cc: Jeff Weaver
rwh3.35
VER LOT LINE ADJUSTMENT
_-- r O U R T H -.- _-_ S T R E T _
---
M 4' 50' 49' E.
49 "E 30 LIJ — — -- --- --_--
�,
3 �
�
I
\x�A '
➢
I
P
�
rrn
—
r
O---
ro.
a
r--
I
I
I56
W
ca.ue1a WALK
"j
�� �n �\
I ---
F4•".049" ,�QGt7
- --
0
��------._---
O
l
C
3 &7-,W F wW-,.Z, nvu�e`/�
sGeo- oose
610
;A -Da
a
/p
ry 69 -
� r
1
ZTp7_ tU,1
t L
m �Z ��v
(D.
m10
>
r` n
r ,
C
�S
c5L J \ i? IN
ON 2 5198i
MEMORANDUM
To: Steve Burstein, Planning Office
From: Elyse Elliott, Engineering Department
Date: June 25, 1987
Re: Weaver Lot Line Adjustment
The Engineering Department reiterates its comments from the same
application in 1985:
1. An Encroachment License must be obtained for the existing
fence prior to the sale of Lot 2.
2. According to Section 13-76, a permit will be required for
tree removal.
I4I _4 CC 1 e.\ 1)4
TO: City Attorney
City Engineer
FROM: Steve Burstein, Planning Office
RE: Weaver Lot Line Adjustment
DATE: June 8, 1987
Attached for your review and comments is an application submitted
by Bob Hughes on behalf of his client, J.F. Weaver requesting a
lot line adjustment to amend the Weaver subdivision plat. The
plat was not recorded within the recorded ninety (90) days after
approval; and therefore, must receive City Council approval
again.
Please review this material and send in your comments no later
than June 26, 1987 in order for this office to have adequate time
to prepare for its presentation before CC.
Thank you.
I W, I N W, CQ R.I z I oil) W,
TO: Alan Richman
FROM: Steve Burstein
RE: Weaver Subdivision Plat Expiration
DATE: May 26, 1987
Attached is a memorandum from Bob Hughes explaining that the
amended Weaver subdivision plat was not recorded within the
ninety (90) days required for final plat recordation in Section
20-14(e). Council approved this subdivision exception for a lot
line adjustment on October 15, 1985. I question if any public
purpose is served by bringing this case back for Council approv-
al, although undoubtedly there would be more lively discussion
due to the sensitivity of the property. Upon review of Section
20-19(c) to determine if staff can exempt the 90 day requirement
as a subdivision exception, I conclude that only Council has the
ability to so exempt. If you agree, I will schedule this item
before Council, regretably.
sb.weaver
•
ASPEN/PITRIN PLANNING OFFICE
130 S. Galena Street
Aspen, CO 81611
(303) 925-2�0(20
n .�. I0LIQ/)/1)/7n"( I
Ueci L
0
This is to inform you that the Planning Office has completed its
preliminary review of captioned application. We have determined
that your application IS) NOT complete.
Additional items required include:
Disclosure of Ownership (one copy only needed)
, Adjacent Property Owners List/Envelopes/Postage (one copy)
Additional copies of entire application
Authorization by owner for representative to submit applica-
tio n
Response to list of items (attached/below) demonstrating
compliance with the applicable policies and regulations of the
Code, or other specific materials
A check in the amount of $
Your application complete and
sibilit
we ha sche 'ul ed
it for
review by the
C}
on
We will
call you if we
need any additional
infor do prior
to that
date. Several
days prior to your
hearing, we will call and
make ilable
a copy of the memorandum..
to
Please note
post your property
that it
with a
IS NO your respon y
sign, w ich we can provide you for a $3.00 fee.
B. Your application is incomplete, we have not scheduled it
review at this time. When we receive the materials we have
requested, we will place you on the next available agenda.
If you have any questions, please call OLLJ
the planner assigned to your case.
Sincerely,
ASPEN/PITRIN PLANNING OFFICE
E
CITY OF ASPEN
130 iuth galena street
asp& colors .81611 ri,
30iw,w
MEMORANDUM
DATE: June 12, 1987
TO: Steve Burstein, Planning Office
FROM: City Attorney
RE: Weaver Lot Line Adjustment
c� awe
JUN 1 21987
We recommend approval due to the fact that the failure to record
within the ninety -day period appears to have been inadvertent and
that reconfirming the original approval will have no adverse
impact on the City.
PJT/mc
ME MORANDU M
TO: Aspen City Council
THRU: Hal Schilling, City Manager
FROM: Steve Burstein, Planning Office AO
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
below.
LOCATION: 442 W. Bleeker, also known as Pioneer Park, consists of all
of Lots K, L, M, Pa, 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 let split of 1980, Lot 1 was configured to contain
23,600 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
larcer 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 Off ice 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
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 t_o asingle-
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
LEONARD M. OATES
ROBERT W. HUGHES
RICHARD A. KNEZEVICH
DEBORAH QUINN - ---- -- - -- - - - --
L2
W- D
LAw OFFICES
OATES, HuCHES & KNEZEVICH
PROFESSIONAL CORPORATION
THIRD FLOOR, ASPEN PLAZA BUILDING
533 EAST HO►KINS AVENUE
ASPEN. COLORADO 6 16 1 1
September 16, 1985
Mr. Steve Burstyn
Aspen/Pitkin Planning Office
City of Asper. Planning &
Zoning Commission
130 S. Galena Street
Aspen, CO 81611
Re: Lots 1 and 2, Weaver Subdivision (Pioneer Park)
Dear Steve:
[EUVR
StP 18 1985
AREA CODE 303
TELEPHONE 920-1700__.
TELECOPIER 920-1121
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
prcperty 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, 1965 meeting in order to afford time to
explore possible acquisition alternatives. At that March 11, 1985
meeting, Council was of the view that all reczuirements 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
memcrandum that may be prepared on the matter.
Thank you for your continued assistance and cooperation.
Sincerely, I
OATES, HtGHES, & ATIEZ,EVICH, P.C.
B
Y
Robert W. Hughes
RWH/caa
rwh.3 . 10
1
N
N
a)
N
Box 544 PAGE 4U ,8
W �
O
y c a DECLARATION OF COVENANTS, RESTRICTIONS AND
Ca CONDITIONS FOR AMENDED WEAVER SUBDIVISION
Mp>
>x
_J V
dam
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
SON 544 PAGE 4kA
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 -
r
41
Book 544 PAGE 41
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 off, day of 1986.
COVENANTORS:
tL I r, L i� n IC A A/(f
Mary ParkeParkeii Weaver
i
John F. Weaver, J
/ i
E OF COLORADO )
ss.
CQU.14'' PITKIN )
4N
43Tj The fore oing instrument was acknowledged before me
i�•:oZ day of 1986, by Mary Parker Weaver and
R
oeaver, Jr.
°
n,i WITNESS my hand and offici 1 sIeal.
My commission expires:
,.,...(.s�LS�
Notary Public
rwh20.65
- 3 -
v
i�
ON