The URL can be used to link to this page

Home My WebLink Aboutcoa.lu.ex.414 N First St.A99-94414 N. First St. Subdiv. Exempt for Lot Split, GMQS Ex & VR 2735-124-18-001&005 A99-94 .I ,_., E rA ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, 303) 920-5090611 2 � 4Q 3 s��' '60 LAND USE APPLICATION FEES Aq (� CITY: 63250-134 GMP/Conceptual -63270-136 GMP/Final -63280-137 SUB/Conceptual -63300-139 SUB/Final -63310-140 All-2 Step Applications -63320-141 All 1 Step Applications V 7 2' • -63330-150 Staff Approval -63432-157 Zoning Plan Check -63432-157 Sign Permit -MR011 Use Tax for Sign Permits HISTORIC PRESERVATION: -63335-151 Exemption -63336-152 Minor -63337-153 Major Devel. -63338-154 Sign•rf. Devel. -63339-155 Demolition COUNTY: -63160-126 GMP/General -63170-127 GMP/Detailed -63180-128 GMP/Final -63190-129 SUB/General -63200-130 SUB/Detailed -63210-131 SUB/Final _ -63220-132 All 2 Step Applications -63230-133 All 1 Step Applications -63240-149 Staff Approval -63450-146 Board of Adjustment -63235-148 Zoning Plan Check REFERRAL FEES: -63360-143 Engineering - County 00115-63340-163 Engineering - City �y 00123-63340-190 Housing 00125-63340-205 Environmental Health PLANNING OFFICE SALES: -63080-122 County Code -69000-145 Other (Copy Fees) TOTAL 1 G % � Name: / ! 2t12/Q- LkrhQi/ Phone:/ Address: BOO 6. ��h' C Project: y�yNy" "i ISrs Check #: __2 % U Date: No of Copies: / m��, ��,� (�,'J `'�"x CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 12 0494 PARCEL ID AND CASE NO. DATE COMPLETE: 2735-124-18-001&-005 A99-94 STAFF MEMBER: LL PROJECT NAME: 414 N. First St. Subdivision Exemption for Lot Split, GMOS Exemption & Vested Rights Project Address: 414 N. First St. Legal Address: Lots A -I, Block 55; Lot K & W, of L, Block 55 APPLICANT: Estate of Elizabeth Paepcke - Paula Zurcher, Julius T,ewis & Peter Nitze REPRESENTATIVE: Sunny Vann 925-6958 Representative Address/Phone: 230 E. Hopkins -------------------------------------------------------------- Aspen, CO 81611 -------------------------------------------------------------- FEES: PLANNING $ 978 # APPS RECEIVED 5 ENGINEER $ 96 # PLATS RECEIVED HOUSING $ ENV. HEALTH $ TOTAL $1074 TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: X 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO may/ VESTED RIGHTS: YES NO CC Meeting Date „i�' PUBLIC HEARING: RE NO VESTED RIGHTS: NO DRC Meeting Date REFERRALS: City Attorn� City Engineer Housing Dir. Aspen Water City Electric Envir.Hlth. Zoning Parks Dept. Bldg Inspector Fire Marshal Holy Cross Mtn. Bell ACSD Energy Center School District Rocky Mtn NatGas CDOT Clean Air Board Open Space Board Other Other DATE REFERRED: �b INITIALS: DUE: 12 FINAL ROUTING: n�/j� DATE ROUTED: Z- `h r INITIAL: (I-� -- i City Atty Housing t FILE STATUS AND t � City Engineer Open Space LOCATION• n Zoning Env. Health Other: APR 19 '95 1^c:33PM' NN SUMMERS COOK P.2 0 VANN ASSOCIATES Planning Consultants April 12, 1995 IItFiVIMI I gi P CA : 2A 1, Ms. Leslie Lamont, Deputy Director Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: 414 North First Street Subdivision Exemption Application Dear Leslie: Please consider this letter a request to formally withdraw the above referenced application. The Applicant has elected not to proceed at this time. I would appreciate it if you make arrangements to refund the unused portion of the application fee to Ms. Toni Zurcher. Ms. Zurcher's address is P.O. Box 2019, Aspen, Colorado, 81612. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours 0 SunnyjVjhn, AICP SV cc Toni Zurcher Arthur C. Daily, Esq. Clbmwtydtr "-119410 230 East Hopkins Avenue • Aspen. Colorado 81611 •3031925-6958 • Fax 3031920.9310 • MEMORANDUM To: John Worcester, Leslie Lamont From: Chuck Roth e`e- Date: February 8, 1995 -Re: 414 North First Street Lot Split Further examination of the recorded documents that I provided to you by memo dated January 24, 1995, has provided additional information. We pulled deeds beginning at Book 341, Page 372. (The plat submitted by the applicant indicates Page 373.) As you can see by the deeds that we gave you, there were additional deeds at Book 341, Page 374 and 341/376 and 341/378. I suggest that the applicant be required to resubmit the "Hallam Lake House Improvement Survey - Paepcke Estate" with revisions to show the additional deeds. It also appears that we should obtain a chain of title on the property to determine if there are any other deeds not indicated on the survey. Note that for subdivision plats we typically require a statement on the plat by the surveyor that "all easements of record as indicated on Title Policy No. , dated , have been shown on this plat." This suggests that the revised improvement survey should contain a certificate by the surveyor that "all easements of record and property conveyances of record as indicated on Title Policy No. , dated , have been shown on this survey." In the interim, I am able to report that although I cannot do quick plots on deeds 341/374 and 341/376, I was able to do a quick plot on 341/378. The parcel described in that deed contains 0.280 acres and is the panhandle at the western side of the property. That is, Parcel 1 as shown appears to be incorrect and in lieu of containing 1.536 acres is lacking at least 0.280 acres. Plots of the other deeds may reveal additional conveyances of portions of Parcel 1. cc: Cris Caruso ' M95.44 • • MEMORANDUM TO: Leslie Lamont, Assistant Planning Director THRU: • George Robinson, Parks Director FROM: Rebecca Baker, Parks Department DATE: February 7, 1995 RE: 414 N. First St. Subdivsion Exemption for Lot Split, GMQS Exemption & Vested Rights We have reviewed the application submitted for Subdivision Exemption for Lot Split and offer the following comments and concerns. Essentially, the area proposed for lot split was previously Mrs. Paepcke's backyard and garden and was landscaped as so, with a significant number of mature spruce and cottonwood trees(56 + trees), as well as a variety of other miscellaneous shrubs and plantings. From looking at the existing conditions survey it is possible to accommodate a SMALL single family dwelling unit on Lot 2. However, a predetermined building envelope should be agreed upon prior to granting approval for the Subdivision exemption, including determination of utility line cuts to the building area. The reason being, is the historical significance of this lot as it currently exists. If possible, it would be our recommendation to deny this application on the basis of the historical significance of what was designed and created by Mrs. Paepcke on these lots prior to her death. Mrs. Paepcke took much pride in her yard and garden, as well as pride in what her property provided in the way of character for the neighborhood and its impacts on Hallum Lake. In that respect, if this application is approved it should be stipulated that the area remain as close to its existing state as possible, including reducing the building envelope to accommodate the mature trees and/or reducing the maximum FAR for the lot. If this property is approved for Lot Split and subsequentially developed, no excavation should occur within 5-10 feet of the driplines of the trees, including excavation for utility lines to the lot. In reference to the existing cottonwood in the Garmisch Street right of way, the tree is in marginal condition. If it is necessary to remove the tree to gain access to the property, then a tree permit would be required. �.��-_- .:A7i c.tJ�:; . � ,...�:.tw�.. • aw.• , ..u_ ..v.• • �---LnJ wn��nbOi. • :.:.::i. w..nn-•�..; e.:::A 1% LARSCt:• i'A_:IET ELL'"'.. P. COOL=; LOU'S:: F.Lu - THO AS L B. LY "URS. FLORENCE X. LYSTER R=.HERF31D; c•,FAHOr, 6. LYST CZP; M. Z. L. H. LYST^t:R• THEODOF.E L.!1D, else lalown yDHFYr A.7^ERSO::; HAN!:A "NSEM, also known as 1.�•;;;;A 1lA;;SC;;, tits of JCii1: Y_ANION; LC'JISA JU1'�Lo:1 widow of CXARLES JOHNSON: wife of EPIC MILLER.: and ALL UN!�;OWN P'R.", ° f CT '1 ':TTTR CF THI'ACTION,0"S T..� CLAIy nN• Defend.•nts. , :/``•a 'N :"�' :17{- %" �i 1. 1•,�1�:• ., ?his cause coming on for trial to this Court tiia 17th day of October, ld4e� upon the t �. ' •"'a eo ^hint, and thn plaintlf.s app.aring by Pershing, Bosworth, :.ck - Denson,!�• '�cver T. Lints and Robert ., Johnsen, their attorneys, and none of the de.e•,daat: n aearl:Ic ;,it.nnr in person )r by attorney, although having been properly sorved with process, and thu :Court havi"C oor.sidnred the allegations in the complaint filed heroin, th, etidenco adduced 1,11%4 .rJed th^ erguncnts of counsol, and heir•;, filly advised In the promincs 1 - { • y v`� FIND: 1, That sualsons was duly issued in this case by the attorneys for the plc:ntifln on 1'=+� ,� 1 , `c_;,• , 1949; that the following defendants were duly and regularly, personally served with ! �:1.?'aE -�i7;.•�, y [� `;.p! se yens herein, as required by law: .•0.2.� :he l,SOuntain Utilities Corporation, a Colorado corporation; ,-1� �' •} ` �c :�.:l .;. rx; IToe Board of County Commissioners of the County of ?itkin, Colrrndo; F• ff t= f�;�'r n�-.mac " i The city of Aspen, Colorado, successor to the Town of Aspen, ' )!prod-, • �+u21-_; ^l 1 s �fi• , :,,;- .�n�.-;•..?-_ corporation: R. Shaw, the County Judge of County of Pitkin, Colorado also :-:own t.- County and •. ' + Probrte Jude o: County of Pitkin, Colorado, as Trusty, for tee LZha !rants of they!!a p..,I},.I ..�.•.c•:I !br .,.r-.-11 Torn of Aspen; �;,, ftt a::}'.'.I 'Y -• Kenneth S. %Yet., the Public Trustee of the County of Pit',•.n, Colorado and the Treat ror 1 tom• ! of the County-ofVPitkin, Colorado, as Trustee for the C1;y of Aspen and the Count; of i School District No. 1 in the County of Pitkin and the .tato of Colorado; z_=a Bradshaw: i%i Lary Lou;bran; ro=ar Var. Loon, also knorh as Homer Van Locw; !•l!\'"" F '"s. :1i Dorothy Koch Shaw and Victor BOurp' ithnt at to all other defendants, both known and x,_nsmo.n, in this cause service of ?r-toes ,rag xade by publication of the sum..ons Dursuant tp c.•dar of Curt :n the A:per. •paoer printed and published weekly fz the City of As?en, Co-=nty of ?:tkin aired Statey0: Col-^- irada, for :our se conecutiro weeks by five publications, the first osb_ic::Lein;-�r Leinc : :,u•- :us,. '8, 1949, and :he last publication on September 15, 1949, all of ::h:chmore fully n?nears i- i '`•= ;tree returns of service tale certificate of the Clprk of this Court of I:.A:lino coplt+s of Z--M— ;eons, and the affidavit of the publisher,all filed herein and that service of -rid p n-ess t'''•1' _ I' ;was conplete on al_ of the defendants on September 15, 1949; and that t!:e de_"en:IrnLr hr.:•n not, 1: = ,,... ::• • .�! 'nor has any' one or -oro of the:, appeared or filed my motion, a:Iswer cr ;-lead!nr h rein, and `that tic titan for ma`r.1r.r, such appearance and for filing any plendinr, or mo'.lon hue nxpi.^nd. i -'f.,.e,:«;t,ii.l:.;'If.:q r ,and the pla_r.ti_"fa are entitled to a default aFain:t each and nil deferdc.:::.. __ch 1:- fait.. 1" here`'? en tere_ 2. Thattheolslnti" n have filed :nertin an a_"f!drvi: in an_ SallcrsI Civil heL'ef Act _^. 194Q pessed by Corr •ess end .. - _^rr'. !6 Cr !ei_ non•'-en.s thereto and ^.+rules cf this Court, _. on rh:ct2c.'..... �,...-.. ;. - foi_ox: nL .ed dnfendants to—wt. TheJ'_ocrd of County Cosc_:nicnnrs cf the County o' Cc-or T'r_e City of Aster, Colorado, successor to the '=own of i ;m. i.yShsw. -ao Cou-ttr Judge of Cott_^.ty of Fl.k-2 C- nl :. i ?^obate Judge of County of F_t•r,ln, Colorado, pis tec fo. ^_.- TCr-: of herPn , Kcnnet!: S. satt,the ?ublSc Trustee of the Co_.- c! ?Stein. Cclorndo, f• _ _ !A� s: o: the %ourety of F:t _n, Colorado, ✓,c :%'r ^n cf ? tk:h, Cc'_orado, , : School District No.l in the Court.: of P'tkin c-.d the Stn:e Colrrnuo• t i i �T,r„. r'•. Dorothy Koch Shaw, - :tor Scu 'Fre not in tine ni'l'tar7 ser._ce of the Unitee.. Statos r,f rer'cn, a:• of nnt. ., r.:t- rh!ch �'.; j::.; :j�f :' %:,►:::. a'l_ad In the S "-_n - of the oars in. rh!ch y1� or sc -fared. nnd .-. rn: b"n: ` I I or_ ^d to reportfor any suchmil!tar service orfor :nductr. lantn ..1c!: n:'__,.• :cr. , •'a t; end. rorn rh1ch �.tw'_sr : _it it an:+?oars th^at an to l ot!:^r __fendr:a:' rcer '^• the ol plaintiffs are . ^t Ptle to d'etP nine•-hrther ^uc':: dofen-cnt Are":n^such mi .tnry servicd within the moaning of said Act. pr hn:•o 'tie l _rdor^_c .,^report `�. coot) a_^v+_ ! srr, cc, rod th:._ .h^ Court has nc::c!ntec 4* '-..., at Ca Cr for hdilCtiC:. tote y:tC- "_ � ', � .:-_y. !` � ,i �:'�•t..:•.: •. attorn Py dill;; 1!cennAd, ou Lhor:zed, nnd, emnowered . r.pncnr nnrl act:'_^ iC'f :n ...' r-.d in the tote of Colorsdo, tc roprc^cat nll of the �dc."c-cant: nn_` er:'• c" ti a-. -no ,i..��. .•.,�-1t�;, h!� •�;.'•,; are or - - b^ 'r. :e ;r;"1tr.r•r service the Gr'ted f,tntc,: of ::n•e:•1ca, pr'•of nr.•r .^.ntScn r.! _.. ::,i•'3'.•:•'.:i 'tub':::.: it ris allied !n the nr' ccution of the rare 7*hlct: it Ss or ran e.^.rnce,:. r-:ch` hnv._~b._,- -,e^�d to ^n?ort for suet• nilltnr} ercica, or for induct:e. into au !; ...__.:::-• 1 i +• w'1•:L', s•• '- ,rand at such alto n^y .s nor preterit :n Cour: - e,i.. f fi r er 1: n proco• d1: - _n nr,d . :r , fhpt t ,!., nn act.,,^.n of nct,n,_ "•nnc! c ;rot. ty _ , 1 ar c • 4.^!, to yuf^t _ lo, tltie in Dr•vid R.S. =rOwo, , Ni:o known:i. I'OM: .r4. P ^1l "stotc ..__ ?nr.:cuier?.'_ desa^1ba,i n_ ^ ^ ^01.. !h - .• C::y of Ls. .^. Ueiorn,)n, Cen.c, ..-r.Streit i4 fr^t tested from _- c"• ^ cr, line ne-all••'_ to t2 ^ Cr^te'.. :pet of Cc-ta. 3t. pre': 11.p ''r recce er cat :e _r.c"'rue point cf :,"-SKr. 1 r:_ ti -- ,hP !ntcrs.,:ctfne of !• ,; _ n, t. of - scut!. sat: pertilicl^_1- bc'^✓.. c<ect -. =aster_ Cyr :: :n: "'C s c., t..c •Aa:t e e i,: O" `•a- !:-oei 55,P1C feet C'.t!7 •_••' 7 rt:: ^.0 .:duthrc.'t csr-ter of _.nt. n,n'' 'r.: !'. _el ^. e!c•b:• 1'�,iM .Zr i.. t-.- ;:ester!• a,� -:• ro'Peted"line to nsid Point r•I c:h c cf^Block :;c ^.t >n1 he^'c- rr..: tho sr'C=O,1�1wc::t Ccrne^ cf ,Llc::cc :;or,_::••:'; -P ;'en'• boun.rr 1_,.r. " ss:ri 91per. 5° to tha Northre�_ earner•_. :,•iri ilea,. c_.. 1 , �f' ,ul : thence or hc: th+ pro 1pcted ';or `oundary i ::e Of more or leg to ._. intersection w:'h the South bouhdc-v tine a: Lrt = !h -cif a_lz.'s sled !!over':nr, 1895, c_ Asn.n, Color_ b C:: ✓s��,.: add: -on as sno:r upon. the mcp d C Colorado; thence easterly Wien.: sr.:d la.".t centioned fi;,�! �'�!' `��n ; ivi anr:neer, o^ Denver, o credo; Lot ?9: thence \orthcrl? and »astcrlc alone 1;� L•F'!:�ch. ;.pl.t }`y ' , ' ine to the .:uth Ast corner of said o',;:. : e cost bounder- !inn of - :d ?lac!: 1C3 to tho Northeast corner p: Lot 4 in "u.r, aioa 1C3; f1�:+:,r�r:;: 4:; y4•,;;n,,. trine Northrest. - f Lot 37 Sr. Block 4C of sa!d Hallen'e Ad 1t:on 1•.. e :or resterly to the Southeast corner o 709.2 jr� 1t' "or trey ly along the r, and South bounders line of Block 90.reet,ae�et� ,�`'��•:. tiny ly and .:rester le East ? thcr.ar cact -,.,r "or let to the S•:,uthees:. cornnr Of ,tot 21 in sold Block �' ar 1 gn:terl- along, the or 1^s` :,cot b ti" 5 Snr_. Fork River; thence Southerly af, Sr... _ rn,cZ. onG D "eat' norc or lra , to r, e' 9i, of 1_. St, ?r:nt:pal Nor i ..a con:Inuin `aut.•to-17 I - Laatoriy ,a,,c nanr Pork glvwr to the Sntersec:Ion of •alp test ban:c one. ^. cr:- .eat bank or tn. Roaring -tie F. or extension thereof, rr what la called Arpen Strout er Lake n said du estop u1 :t1! »ea: tine, - As"" ; thence Southerly upon said Meat lino nrwr upon in. sold "xlllits wep of taw C1:7r tte :lortnweat corner e� Lot A, block SS, , Cr ;.:•,en ::-..: to a line prod E•a:wrl7 orallal with the •outherl7 lino of said •n- :o ral:e cf Aspen, sold line produced Its ME Y- line ;Dloei -4;``hence Mafterl,.' nr ortY.dCsnterline sStre�tuonithe North 1lnedofeFraaeiaeSt�se: 24atoe: ppet l: + •y Center Strew:, sai! line proriuesd being paral-el with ti Eaaterl� r-ac. :ha :test li se of ; :tn•. Seansar Line of cents- Street; thence nnutrpfibloeks,strests.alloys and erights�of ,ct7 IvinE I of oeelaning; SncludlnE all, �r say 7 36, Townalte of Ar e:., beta IwItnin said boundaries, and Lots r. G• Ee~?rnoiadlasktract Coni;�d parcels of said land hero:naf:cr beinE +•ad el C. Gcrdcn Brown, also known as George +ordon Brown, in and to rest estate „are ?artie- 'ular:y dos:r:bed as: in ' beeinninv et a point In •hs C1t;'tof Siesta SneSoftCentere3:reeteanda.-ur:n'Ing thathe North lce c' t r l Francis -Streit 24 fee. saatarto from ' Nor:horly on a line paralls :o the cantor line of Center Street to • line produced-.r'o-:y: E rrbm the iorthwaa: corner of Lot A, Block S5, City and Townsltu of Aspen, to the spa:e;:y th line of Aspen Street aceordinz to thw plat ofoLaC gS111ew AsaiClvil Engineas sr,uofnDenvoapne, dated Novembe-, 189U, of Aspen, Colorado. by - road, said lino producer. be:ng psr•llal with the Southerly line of salt Block ice; t:�erce Easterly alonr said line so produced to the said Wastcrl7 line o: Aspen Street; tnc.•+ce So.t�- erly alor.�; the said tiesterly line of Aspen Street to the Southeast corner aoLe9lco�tG'+ _St- ( end '1'alor to or Aspen, being or. the North boundary 1.ne of the i.a,,erl : thence soutner!7 along :ha said 'eecterly line of Aspen Strout to the Northeast corner of 64. City and '1'owr:a:te of Aspen; thence wonterly alone :he %or:h bound-r7 line o: �!!j"k 64 to the Northwest Corner of said Block 64; thane+ Northwestc-l/ lOG.'77 feet, mar;: nr ( less, to the point a: t-%Cinn!nr; inelud!ne all, or any part, of blocks, streets, o:1c;: li; -• , -:ahts n: zey 171hr, wit!in said boundaries; the above described parcel of Ian:.' o: Chose lotsor parcels of land described In a warrst7 deed dztad and nc--0r1OdrddC:f^wcr 1 1948. xrd recorded 1)ecaaber 16, 1948, in Book 166 a: page 561 a.' the records the ( or the Clerk and reeorddr of ?::kin County, Colorrd6, here inaftor dorneted as tract two; ali of said land being a!tuscad in the County of Flak s and State of icrwdo. 4. That the pinta:'-f. I:ave alieoad to their complaint that :.`Sere are parse-_ in-r- estod :n the sut.act matter a: this action who -to names are ttn%tmo- t to :tier. "-r� =c :•'•- It heir atowledao ezt.-da, have sr.t fort.•. - pouch urtYad'n persons derived their rcz:^a:::•e :::le:, a/a!as or Sn:e-cats, The ;ln!htiffa And their atto-nept have "rlwc: :ii'..;+r- .e.-r.. to asee-ta!n the whersabout: of all en;tnown persons whc C:aim an; '^ -oat En t^^ srb+rr: matter or this u Ct1d3 and ^.-e rat ds:ipaated "ecif!eallr in this rc.-eh b: r..e :: :. •• result of such sear_h, Investigation and efforts, plu:nt:fie hav: .e(I ::anti^ rind r;..~ :•jc.h persons or tits addro:s or sedro:sos, or last knt•rn nAdr•a: nr.d.- ate:1. of j persons. Plaint::fa have, :herofore lade any uuct person or perarnn wine C,-.,:. r'ndmit t - n . in and to the reel e::t:te shave dose -Shed, parties do. :^ -1.. %-et:c:: ... .__ .... 1 ?e-s-ns wt:o claim Any :.•►:ores: :,a the aub;ect natter of :h:s aet_.....I 5. The• :his Court has Jurisdiction a: t:•ne sub!aet master cr au`.. .. .... _. :or the por:lc.. he-r.to. 6. That all the allern`:ors of `he 'a .he cum:ltlht cI^ -•. 7. That :he plain - David R. C. a -own, .:r. a' -so :rinwn an D. C. •-. •.... owner 'n fee sln.p:o and �isin cocsess:or_ of the rez! droper:y Or:' yrC:.::_•^. preeedine paragraph nambered three and - dear• tet. as trset one t ore!n 9. That piniht!ff u. Gordon Brown, also :sown as nor ^ r• cr_oj: ••or•': tee s:Jp:e, and :s Inpdsaessloh of'-o:,rrtr ylti •^ '=' _ _. •:c::l • .. f :ng paragraph numbered tares and des!:nn-.cd an Lr'!ct -:o .hertin. 9. That ttd dcrendaats, and each of :hem:, claim :*me rchi tit, nc: to the above dose -!Dud real ,resent?,or acme oar: thereof, aGvr-^ sc ` ^ that any such-i::ht, title and interns• o: an:_ enfendur.`.ne ench1;nd r Invalid and without right and of no _sect - _. tre..I=Int _._- teo: • _ 10. Thnt as order has -en an..tared he al' ^cat_ the antra c^n jue,:r-0,nt. r; C: SO:i, 1•i ?F ORv IS Or.D:nci. :.D:IID3� (a) 'that the plaint:._ David R. C. awn ^c:s0 known as D.-.C. "roei, e- r.• - simple and _ in post ::icr n: :he rev ?:act r -:d orcz :.ct dace-:oec _n _:1C precad!ng parnrraph nu.:.-ertd ae e-eea:r..r. as -. .rnct ono the :) -hat :he ;lair•::r iant!iC-den rOw:l, r1ro )=rr: .13 ICJ. :Ord.•'• tiro -an, •,f.• c•''•- _r !n f,!r :!c_In and :a in posse__,;.. a: :!,o rral ;!r:pe rt:� and _re- ton deser_oed !n tl:r p rrced:n• on7-mOra_h nu--bered h oral ees. ^.r.tcd as act tev .'n. (c : r: the : -dr-ts,and itich o: them. a-_ dernult, ar.i de!'rult and a: :f sal__ defendmztn _is here: ante--d (d) That the defendants, and etch of th0� have ne r1rht, t1t1: SnLeret• clr!m ... der -and ,hot3o-ver to the sn!dreal oatn:e, a- nn•. pr.- .:oreo:. and that the :o and pessrss!, of rho r\_a:nt:ffa -.. e :o ,t,id -^nl o:tnterand :rcmisen, n: herein ydonct•SL•• 1- tecctncr withthr----Cvaren:srtnrrcor., b•: lad :orev^- sr t a -_ ^s as A:'A..__ n an. t :ed and auietoa :h !1 1:i - ^- all e: .=�. rie,•.or.ds,-tits, t::ir or :ntr:ro:t sue er�S:f cq::I: of an:d drfcnr.n : 'r.n! 'arc` An -'a;; n,^ tier.., and r^.y and nl: pe-seta e'n'^..1n. by. th:'ou-"' or tinder - rr nr.-r then, wnra:or ar.'d dcfcndnn:0^I•ri:.wn sr unkhawh. (d) n_•an::. de^endant:, and sac:' c. r: tan, wtother known Jr =Inor..1 and nil ,:srsons pinta; �:' t� Cln In - .:r�;:: - • 0- nnc ^—: f«•^_ ,zvcr or. o.' :tar., be en.: my are hcrM. ;�.hrd. :'rs ra! •r!-nr. -"r mail parr..,. . asJ^r:!':; c: e.:::w:n.: nny �.a or interns: fz. a.-w. .,.._ ran. rnta: 'i rnr. `.err_!' !:nst! o or n1:vrr:. to rile plr.: _. o- :.`. "onann� ^- ._ :,._ , _ :Cs C:a:u-• tno ;rd on:•ce!'ul 0n;oyment of .u-d real nee -!Mt is :L= •'n Ciar:t _� ....r.d"htr :a-y 30rvte(3. Ci - p} •av DSc`• _ Court ... •':.:con CJua'?, :n the :,tn:e nrarr,r•,d. s-: ^:. �. _ .-. tc r:sc, no-r-ct�are. «. •,•..«^ .__ ,.. ^ ^� w-, - .. "... _ r *.ear :at- - :: _ .. •... - a:::.. •Hurt _ .hC'v''7:i . .'.^. -.?^ .her„cr -^ ,=^ a:.. ,nd wartna .. Adr' :• :. aria erica. ^ _ _ ^'en, n--.Xnd ,..`.r•roer.:^uf s.^.id _ - -•• ...._ o: QCtoter 1— . 194? , :h err" --:.`• . I d- Sac W �czntroctor. E . ' situate :Z t1^. ' �_hthe Cielaa. 7' L O=r' _ ni-v . =r._•'/nl -foul, • a�"�• Sri: :1 . of 1, •- `�G^Him .•.. .._.. _. _. ..� a ant- �^ or ^ - C. ^Col•• rtYaN\`-wr-•l T _.:n: : L: -r r-sohnli; 0: _:ail rrc: v!ce`,;).: r In- tea .... .:at fir: t! Ltn-� cln! r.. r -nc.ncaar. n! „eticn, and c•• rot•• C-� 26 •. -•:Bill;. VANN ASSOCIATES Planning Consultants January 12, 1995 HAND DELIVERED Ms. Leslie Lamont, Deputy Director Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: 414 North First Street Subdivision Exemption Application Dear Leslie: Enclosed are three (3) copies of a survey of the Garmisch Street right-of-way which depicts the existing vegetation located therein. The survey also locates the adjacent residence and the Given Institute fence. As the survey illustrates, a large cottonwood restricts a portion of the right-of-way. Sufficient area, however, is available to construct an adequate access driveway, as the branches of the tree do not extend to the ground. The driveway would simply curve around the trunk of the tree. While we would prefer that the tree remain, the Engineering Department may require that it be removed to provide additional clearance for emergency vehicle access. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, VAJASSOCIA C E Su ann, A1CP (JA 0E.osureslillyspcc: Arthur C. Daily, Esq. TOR Toni Zurcher c:\bus\dty.1tr\1tr27594.112 230 East Hopkins Avenue • Aspen, Colorado 81611 • 303/925-6958 • Fax 303/920-9310 • • VANN ASSOCIATES December 30, 1994 HAND DELIVERED Ms. Leslie Lamont, Deputy Director Community Development Department 130 South Galena Street Aspen, Colorado 81611 J*1310 Re: 414 North First Street Subdivision/GMQS Exemption Application Dear Leslie: Please consider this letter an application to subdivide a parcel of land located at 414 North First Street into two (2) lots via the so-called "lot -split" exemption provision of the Aspen Land Use Regulations (see Exhibit 1, Pre -Application Conference Summary, attached hereto). The application also requests an exemption from the growth management quota system (GMQS) to permit the construction of a single-family resi- dence on the vacant lot created as a result of the requested subdivision. Vested property rights status is requested for all approvals granted pursuant to this applica- tion. The application is submitted pursuant to Sections 7-1003.A.2. and 8-104.C.1.a. of the Regulations by the Estate of Elizabeth H. Paepcke, the owner of the property (see Exhibit 2, Commitment for Title Insurance). Permission for Vann Associates to represent the Applicant is attached as Exhibit 3. An executed application fee agree- ment, and a list of owners located within three hundred (300) feet of the Applicant's property, are attached as Exhibits 4 and 5, respectively. Existing Conditions As the accompanying improvement survey illustrates, the Applicant's property consists of a part of Block 55 of the original Aspen Townsite and the Hallam's Addition thereto, a portion of the platted alley which traverses the block, and an irregular shaped metes and bounds parcel which borders the Aspen Center for Environmental Studies' (ACES) Hallam Lake property. The northerly ten (10) feet of the alley and the metes and bounds parcel were acquired by David R.C. Brown, a former owner of the property, via a quiet title decree in October of 1949 (see Exhibit 6). The property contains approximately sixty-six thousand nine hundred and twenty-five (66,925) square feet of land area and is zoned R-6, Medium Density, Residential. S i 61 1 - 303 92 -6956 • Fax 303 920-9-00 Ms. Leslie Lamont December 30, 1994 Page 2 The topography of the Townsite portion of the property is essentially flat, while the meets and bounds parcel slopes steeply down to ACES and Hallam Lake. The hillside and portions of the upper flat area are located within the so-called Hallam Lake Bluff Environmentally Sensitive Area Overlay. Existing vegetation consists primarily of numerous large evergreen and deciduous trees, and various ornamental shrubs and bushes. Man-made improvements to the property include the existing Paepcke residence, an attached two (2) car garage and caretaker's apartment, and a small picnic/observation platform which overlooks Hallam Lake. These improvements contain a total of six thousand one hundred and seventy-four (6,174) square feet of floor area (see Exhibit 7, Floor Area Takeoff) and have been designated a Historic Landmark (see Exhibit 8, City Council Ordinance No. 57-81). As the improvement survey illustrates, the garage encroaches into the First Street right-of-way and the property's minimum front and south side yard setbacks. The improvements, however, otherwise comply with the setback requirements of the underlying zone district. Existing utility service to the property includes water, sewer, natural gas, electric, telephone and cable TV (see Exhibit 9, letter from Schmueser Gordon Meyer, Inc.). A twelve (12) inch water main is located in the Francis Street right-of-way. A six (6) inch sanitary sewer and natural gas, electric, telephone and cable TV service is lo- cated within the remainder of the alley which abuts the property. Fire hydrants are conveniently located at the southeast corner of First Street and Francis Street and on the northeast corner of Garmisch Street and Hallam Street. Proposed Development The Applicant proposes to subdivide the property into two (2) lots along a north/south line to be located in the middle of Lot F, Block 55. As the accompany site development plan illustrates, Lot 1 will contain approximately fifty thousand (50,000) square feet and encompass the existing residence, its surrounding grounds and the hillside above Hallam Lake. Lot 2 will contain approximately sixteen thousand nine hundred (16,900) square feet and the remainder of the flat area located behind the existing residence. Approval of the requested subdivision, and the relevant GMQS exemption, will permit the construction of a new single-family residence on Lot 2. Vehicular access to the new lot will be provided from Francis Street via a portion of the Garmisch Street right-of-way. As the improvement survey illustrates, twenty-four (24) feet of the original platted right-of-way presently remains adjacent to Lot S, Block 55, and abuts Lot 2 of the proposed subdivision. The remainder of the right- of-way was acquired by David R.C. Brown in connection with his 1949 quiet title action. Although presently unimproved, the Garmisch Street right-of-way is depicted Ms. Leslie Lamont December 30, 1994 Page 3 on the 1959 Buchanan Official Map of the City of Aspen. As a result, it constitutes a public right-of-way which is available for the Applicant's use. The Garmisch Street right-of-way is essentially devoid of vegetation. The Applicant, however, has requested that the improvement survey be updated to locate any trees which may require trimming or removal to insure adequate vehicular access. This information should be available next week and will be forwarded to the Planning Office immediately upon receipt. The proposed lots have been designed in compliance with the dimensional require- ments of the R-6 zone district and the subdivision design standards of Section 7- 1004.C.4. of the Regulations. As Table 1 below indicates, the proposed lots substan- tially exceed the R-6 zone district's minimum lot size, lot area per dwelling unit, and lot width requirements. 1. 2. 3. 4. 5. 6. 7. 8. Table 1 Dimensional Requirements Existing Zoning Site Area (Sq. Ft.)' Minimum Required Lot Size (Sq. Ft.) R-6, Medium -Density Residential Minimum Required Lot Area/Dwelling Unit (Sq. Ft.) 66,925 Single -Family 6,000 Duplex 4,500 Proposed Lot Area (Sq. Ft.) Lot 1 50,008 Lot 2 16,917 Maximum Allowable Floor Area (Sq. Ft.) Lot 12 6,190 Lot 2 4,115 Minimum Required Lot Width (Feet) 60 Proposed Lot Width (Feet) Lot 1 184 Ms. Leslie Lamont December 30, 1994 Page 4 Lot 2 129 9. Minimum Required Building Setbacks (Feet) Front Yard' 10 Rear Yard 10 Side Yards Sliding Scale 10. Proposed Building Setbacks (Feet) Lot 1 Front Yard No Change Rear Yard 95 North Side Yard No Change South Side Yard No Change Lot 24 To Be Determined ' According to the October 10, 1994, Hallam Lake House Improvement Survey prepared by Carmichael Surveying, Inc. 2 The existing residence is considered to be a duplex for density and floor area purposes. ' Provided that the sum of the front and rear yards totals a minimum of thirty (30) feet. ° Setbacks for Lot 2 will be determined in connection with Hallam Lake Bluff Environmentally Sensitive Area Overlay review. It should be noted that Lot 1 has been sized to accommodate the floor area of the existing Paepcke residence. The structure contains two (2) separate dwelling units and is considered to be a duplex for density and floor area purposes. As the size of Lot 1 would allow a maximum allowable floor area of six thousand one hundred and ninety (6,190) square feet for a duplex, sufficient lot area is available to accommodate the existing residence, the caretaker's apartment and the attached garage. Section 7-1003.A.2.b. of the Regulations requires the provision of an on -site accessory dwelling unit 'for any lot for which development is proposed". It is my understanding, however, that the City Attorney has previously determined that the affordable housing mitigation requirements of Section 8-104.A.1.c., which pertain to the GMQS exemption for development of a vacant lot, supersede the mandatory provision of an Ms. Leslie Lamont December 30, 1994 Page 5 accessory dwelling unit. Consequently, the construction of a single-family residence on Lot 2 will require either the provision of an on -site accessory dwelling unit, the payment of an affordable housing impact fee, or the voluntary imposition of a resident occupied deed restriction. According to the Regulations, the preferred option is at the sole discretion of the lot owner. As I understand the approval process, a GMQS exemption for the construction of the single-family residence will be granted in connection with the requested subdivision exemption approval for the iot-split. While the proposed subdivision is subject only to City Council review, the accessory dwelling unit which may be provided within the single-family residence must be reviewed and approved by the Planning and Zoning Commission. As the review criteria address such issues as the size and design of the accessory units, the necessity for parking, etc., the Commission's review will occur at such time as actual development of the Lot 2 is proposed. It is also my understand- ing that the lot split application will be referred to the Historic Preservation Commis- sion for review and comment. HPC approval, however, will not be required to develop Lot 2. Water service to the new lot will be provided via an individual service line which will tap the existing twelve (12) inch main located in Francis Street. Sanitary sewer service will be obtained from the six (6) inch line located in the adjacent alley. Natural gas, electric, telephone and cable TV service will be extended from the alley as may be required. All extensions will be located underground, and will conform to the applicable extension polices of the various utility companies. Tap fees will be paid by the individual lot owners, and utility easements will be depicted on the final subdivision plat as may be required. As the attached letter from Schmueser Gordon Meyer indicates, existing utilities are adequate to serve the two lots created pursuant to the requested subdivision exemption approval. Review Requirements The proposed development is subject to the receipt of subdivision exemption approv- al and a growth management quota system exemption. Vested property rights status is also requested. Each of these review requirements is discussed below. 1. Subdivision Exemption Pursuant to Section 3-101 of the Aspen Land Use Regulations, the division of land into two (2) or more lots, tracts or parcels is by definition a subdivision. As a result, the proposed division of the Applicant's property into two (2) separate lots is subject to the City's review and approval. Such divisions, however, may be exempted from full subdivision review pursuant to Section 7-1003.A.2. of the Regulations. The specific review criteria for a "lot -split" exemption, and the proposed subdivision's com- pliance therewith, are summarized as follows. Ms. Leslie Lamont December 30, 1994 Page 6 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." As the attached Commitment for Title Insurance indicates, the property consists primarily of a portion of the original Aspen Townsite and the Hallam's Addition thereto. The property is not located within a previously approved subdivision and the Townsite lots predate the City's adoption of subdivision regula- tions. b) "No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district and the applicant commits that any lot for which development is proposed will contain an Accessory Dwelling Unit. When there is demolition on the property which make it subject to the provisions of Article 5, Division 7, Replacement Housing Program, the standards of that program shall supersede these requirements." As discussed previously, only two (2) lots are proposed and the lots comply with all dimensional requirements of the underlying R-6 zone district. The construction of a single-family residence on Lot 2 will be accompanied by the provision of an on -site accessory dwelling unit, the payment of an affordable housing impact fee, or the voluntary imposition of a resident occupied deed restriction on the residence. The applicable affordable housing mitigation requirements will be incorporated in the Applicant's subdivision exemption agreement and depicted on the final subdivision plat. c) "The lot under consideration, or any part thereof, was not previously the subject of an exemption under the provisions of this article or a lot split exemption pursuant to Section 8-104.C.1.a." The property has not been the subject of any prior subdivision exemp- tion application or approval. d) "A subdivision plat is submitted and recorded after approval, indicating that no further subdivision may be granted for these lots nor will addi- tional units be built without receipt of applicable approvals pursuant to this Article and growth management allocation pursuant to Article 8." A final subdivision plat will be recorded upon approval of the proposed development and completion of the review process. The plat will include a prohibi- tion against further subdivision and development without the receipt of applicable regulatory approvals. Ms. Leslie Lamont December 30, 1994 Page 7 As noted previously, a lot -split is by definition a subdivision. As such, the proposed development must comply with the review standards for a development application for plat as set forth in Section 7-1004.C. These standards, and the pro- posed development's compliance therewith, are summarized as follows. a) "The proposed subdivision shall be consistent with the Aspen Area Comprehensive Plan." The 191,3 Aspen Land Use Plan indicates that the Applicant's property is located within the "Single -Family Residential" land use category. As noted previously, the property is zoned R-6, Medium -Density, Residential. The proposed lots are a permitted use in this zone district, and the residence to be constructed on Lot 2 is consistent with the Plan's single-family residential designation. The proposed development is also consistent with the recently adopted Aspen Area Community Plan (AACP) in that Lot 2 will mitigate its affordable housing impact. The mitigation of such impacts is consistent with the recommendations of the Housing Action Plan element of the new AACP. The proposed subdivision is also consistent with the AACP's so-called "infill" development recommendation. To the best of my knowledge, no other element of the Aspen Area Community Plan contains recommendations which preclude, or otherwise pertain to, the proposed development. b) "The proposed subdivision shall be consistent with the charac- ter of existing land uses in the area. The proposed subdivision shall not adversely affect the future development of surrounding areas." The proposed development is consistent with the character of existing land uses in the surrounding area, and will have no adverse effect on the area's future development. The surrounding site area consists primarily of single-family residential development. c) "The proposed subdivision shall be in compliance with all applicable requirements of the Land Use Regulations." The proposed development has been designed to comply with the applicable requirements of the underlying R-6 zone district and all relevant provisions of the Aspen Land Use Regulations. Compliance with the requirements of the Hallam Lake Bluff Environmentally Sensitive Overlay review process will occur prior to the issuance of a building permit for the single-family residence to be constructed on Lot 2. d) "The proposed subdivision shall not be located on land unsuit- able for development because of flooding, drainage, rock or soil creep, mudflow, rock - slide, avalanche or snowslide, steep topography or any other natural hazard or other Ms. Leslie Lamont December 30, 1994 Page 8 condition that will be harmful to the health, safety, or welfare of the residents in the proposed subdivision." No natural hazard adversely affects the development potential of the property. e) "The proposed subdivision shall not be designed to create spatial patterns that cause inefficiencies, duplication or premature extension of public facilities and unnecessary public costs." No governmental inefficiencies, duplication of facilities, or unnecessary public costs will occur as a result of the provision of public services to the proposed development. All required utilities are currently available in the immediate site area. All costs for the extension of utilities to serve the new lot will be borne by the lot owner. In addition to requiring compliance with the preceding review criteria, the Regulations also require that various improvements be provided in connection with the proposed subdivision, and that specific standards be adhered to in the subdivis- ion's design. The improvements and design standards which pertain to the Appli- cants' proposed development are summarized as follows. a) Water Water service to the proposed development will be provided via the existing twelve (12) inch main located in Francis Street. An individual service line will be extended from Francis Street within the Garmisch Street right-of-way to serve the new lot. b) Sewer Sanitary sewer service to the new lot will be provided via the six (6) inch line located in the adjacent alley. As noted in Schmueser Gordon Meyer's letter, the Aspen Consolidated Sanitation District will require that the Applicant televise the line and make such spot repairs as may be necessary as a condition of service. This requirement is acceptable to the Applicant as a condition of subdivision exemption approval. c) Electric, Telephone, Cable TV and Natural Gas Electrical, telephone, Cable TV and natural gas service is also located within the remainder of the alley and will be extended to serve the new lot as neces- sary. All required extensions of these utilities will be located underground, and will conform to the applicable extension policies of the individual utility companies. Ms. Leslie Lamont December 30, 1994 Page 9 d) Easements Appropriate easements will be dedicated on the final subdivision plat to accommodate existing and proposed utilities as may be required. e) Sidewalk, Curb and Gutter The Applicant will execute an agreement for the provision of curb and gutter in the event such features are required by the City in the future. Please note that a public sidewalk is presently located within the First Street right-of-way. The Applicant will also agree to join any future improvement district which may be formed for improvements within the adjacent public right-of-way. I) Fire Protection Fire protection will be provided by the Aspen Volunteer Fire Depart- ment. The Applicant's property is located approximately eight (8) blocks from the fire station, resulting in a response time of approximately five (5) minutes. The proposed lots are readily accessible to fire protection vehicles and an existing fire hydrant is located at the southeast corner of First Street and Francis Street. g) Drainage The new residence's storm drainage system will be designed to comply with the storm water runoff requirements of Section 7-1004.C.4.f. of the Regulations. On -site drywells and/or surface detention facilities will be utilized to intercept and detain runoff from building roofs and impervious areas, and to control the rate of groundwater recharge. A detailed stormwater drainage plan will be submitted in conjunction with the residence's building permit package as may be required. 2. Growth Management Quota System Exemption Pursuant to Section 8-104.C.1.a. of the Regulations, the development of one (1) detached residential dwelling on a vacant lot formed by a lot -split approved subsequent to November 14, 1977 is also exempt from the City's growth management regulations subject to the approval of the City Council. Inasmuch as there are no specific review requirements for such an exemption, the City Council's final approval of the Applicant's lot -split application should be sufficient to convey the required development rights upon the proposed development. 3. Vested Rights In order to preserve the land use approvals which may be obtained as a result of this application, the Applicant hereby requests vested property rights status Ms. Leslie Lamont December 30, 1994 Page 10 pursuant to the provisions of Section 6-207 of the Regulations. To establish such status, it is my understanding that final approval of the proposed development must be granted by ordinance of the City Council. It is also my understanding that no specific submission requirements, or review criteria other than a public hearing, are required to confer such status. As the two lots are presently listed for sale, your prompt attention to the scheduling of the application would be sincerely appreciated. Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, ►TES "P SV:cwv Attachments cc: Ms. Toni Zurcher Arthur C. Daily, Esq. cAbus\city.app\app27594.lot STATE or C - - - - - - - - - - CZ -,:C:: XC. 2-7,6 EXHIBIT 6 ,In CZ ;.j. F7C'4N': no :iew Y3r TM; AS: -j; corporcLi 2ARY J. a C.ilar2do CornOrOticn; =-'A Oz• MIT 7 wry C0=_7S3!;:=- ':j!S CF CIM. Ris BOuKz;' L -,L;KTY 4JF ?17"::�;. 'COLC-RA'.)2*' r 'O;ln' o lmour as W-3 LOV,'Zl� POTTZ-t L al R. 3042S- jt*-:,s,4,%z;-.), formerly "R:3• U Lou Icro-- a.- R. D P. S :!j! 71' 'r=4 4 fa I:t:� ; C' OF A' su.-cosscr ion; T*:T- 21 c0r"!-B" ApZ g.,so knevri ns MZ P CRAPLTON: SA-luEL 0. .0:-, Dis: C.)CLM, &1.-0 lainwn as CJc:% cuss: _L: T ril. R. :hc Court N2 *r plt'cln' Col orado, a!ZC judre cr coun'.7 As Ccnnt7 end Probate Juo of Cc".'lt7 Or P-- _n 1�r the r Colorado. 03 Trustem.- for :he 1-1hal-tan.3 ev to*- C: Asocn; S. ZZ J. I-urtec: ARTXUF 1.**3r-t:!c cv-rt:r! S. L. 'n, 'flw Ali cjrpz-,ft"_Or C-- LANZ: jOhN 1130 iC*Orr a-- :Z;A L:M: ?__ZR LUX; SALL" ;.LET " L'S'.`_R'. LISTZH, also Z' ..." M also �own &Z C LY_. .L_R; •ARTKUR ;SAL7B''; ZDA "T.M:AlN a lo.,cra!, ccrj:cr2.',_: ,-'sc !Clare::82 •A. ?S113y; CZLIA ?H_!.LTn :?s po=,.R: Y,;:= '.,DZ;:5E ?2_. y.A;jy LcU�S-- ?ORT*. i ?LU*Z: 7-ZBzC-- C. OlOrl;O &O':Poratlon: KZ:X=H S. WA r .o2.o=ado-, H;?w'-Xn UAYS: N. L. FZ='C:,:)Z: N. S. C. g;f5 knots&3 MRS. Z . C. R:TC!!I--; Z... B. .:mn A"lAY L. S=ZA. --llin '=Tm D. A. t:".c C,=!7 ?lt-.:-n. an .-Uztee for :h- C::? of Az-e., 11nd lorn4z n^ W.A.4 Sn..•:xu :tN F - -7: --r.lse- under tne :,.-I!: :nd Teztimcnt of CHA.F.:.ZZ the Z'-.!jL-j C-' ;'now kj. r C4 A3 ar. T. inc 1 7 buzac- r v n cill rz- --Zt nz:. cri: :,So *..in Z: 7a, lz C_ A. A::*= ';':%i': cn -.07-nd" Cr. t: --z te". d 5 jV n �7 ..... Irv! :t! -ruzLeez wid 5 ll�o Z,*:,r:,: Seri • e7.3 Zf t.7rz NCk Z13c In an ar. -7 or• LZ -N:�3-*' TlZ. 3 NZ: ALT� .7. ZZ s • ENGINEERS0 EXHIBIT 9 SURVEYORS S� (303) 925-6727 SCNMUESER vM P.O Box 2155 FAX (303) 925-4157 GOROON MEYER Aspen, CO 81612 December 29, 1994 Mr. Sunny Vann VANN ASSOCIATES INC. 230 East Hopkins Ave. Aspen, CO. 81611 RE: Paepcke Estate Hallam Lake House Lot Split, Engineering Report Dear Sunny: This letter comprises an Engineering Report for the proposed lot split application for the property owned by the Paepcke Estate in Aspen, Colorado. The property is located at 414 North First Street and the portion which is the subject of this application includes the northerly 1/2of Block 55 of the Original Aspen Townsite, the northerly ten feet of the alley in Block 55, adjacent lots in the Hallam's Addition to the City and Townsite of Aspen as well as a metes and bounds parcel adjacent to Hallam Lake. The lot split proposal will create a second parcel in the southeasterly portion of the existing property. An existing home is on lots A, B, and C of Block 55 and a new homesite is to be created on part of Lot F as well as Lots G, H and I and additional property to the east. I have spoken with representatives of all the primary utilities and inspected the site with regard to the availability of all secondary utilities. I offer the following comments; Water Larry Ballenger and Phil Overeynder, the Superintendent and Director for the City of Aspen Water Department respectively, indicate that water service to the new site is available from the existing 12 inch diameter cast iron water main in Francis Street near the intersection of Garmisch (formerly Center) Street. No special constraints exist and the City has sufficient capacity to serve a new home on the southeasterly parcel. Service to the new parcel will be provided subject to submission of an in -town tap application once the new home is designed (so service requirements can be determined). There is an existing fire hydrant on the southeast corner of the Francis and First Street intersection as well as on the northeast corner of Garmisch and Hallam. Both are located within approximately 300 feet of the proposed property entry off of Francis Street. Construction of a home on the newly created parcel would be subject to the regulations of the Aspen Fire District with regard to sprinklering for a home over 5,000 square feet. Due to its location within five minutes response time from the City of Aspen Fire Station, sprinklering would not be required for a home of less than 5,000 square feet. 2. Sewer Tom Bracewell and Bruce Matherly, System Superintendent and Manager of the Aspen Consolidated Sanitation District (ACSD) respectively, indicate that sewer service is available to the property from an existing 6 inch diameter collection line that extends a distance of approximately 250 feet into the alley of Block 55 from the west. The collection line is an older vitrified clay pipe (VCP) line 118 West 6th. Suite 200 • Glenwood Springs. Colorado • (303) 945-1004 December 29, 1994 Mr. Sunny Vann Page 2 and is in need of televising, to determine its condition, as well as root cutting and possible spot repairs. The ACSD will require that the applicant agree to paying the cost of televising and related repair work as a condition of service. Tom also notes, in reviewing maps of the existing line, that the east end of the line is fairly shallow, about 4 feet deep, and lower level facilities in the proposed home may require a lift pump to access the main. No further constraints exist and the ACSD has sufficient capacity to serve a home on the newly created parcel. 3. cieciric City of Aspen Electric Superintendent Bill Early tells me that electric service is available to the new parcel from existing buried electric facilities within the alley of Block 55. There is an existing transformer on the north side of the alley within 50 feet of the newly created lot as shown on the existing conditions survey. These facilities were installed within the last few years and are in generally good condition. Bill does note that, depending on the actual load requirements of the new home design, it may be necessary to change out the existing secondary transformer in the alley to handle the increased load. This requirement would represent a potential cost to the builder of the new home of an estimated $2,000 to $3,000 after credit for salvage of the old transformer. Otherwise, no system upgrades would be required other than construction of the new service line to the homesite. Bill also notes that his existing underground primary continues to the east of the transformer site and then south down the Garmisch Street extension to Francis Street. Construction of an access drive or other utility services within the Garmisch Street right-of-way north of Francis will need to accommodate such existing utilities. 4. Miscellaneous Utilities Gas, telephone and cable TV are all evident and available from the alley, phone and cable have pedestals located toward the east end of the alley directly across from the new east lot. Service to the easterly parcel of the Paepcke Estate lot split would be available subject to normal service construction and connection charges. 5. Access Access into the new lot is available from either Francis Street via the Garmisch Street right-of-way or the alley of Block 55. The alley, however, is quite narrow at its west end and is not currently used for vehicular access by the adjacent parcels. Access to the newly created Paepcke parcel, therefore, is proposed via a driveway to be constructed on the Garmisch Street right-of-way from Francis Street. The Garmisch Street right-of-way from Francis Street to the property boundary is 24 feet in width and has historically been used by the Paepcke family for occasional access to the southeast corner of the property where a gate exists in the fence along the property boundary. The applicants propose to construct an access to driveway standards from the existing edge of pavement on Francis Street to the newly created parcel. Due to the proximity of the Garmisch right-of-way to an existing home to the west, and SCHMUESER GORDON MEYER, INC r December 29, 1994 Mr. Sunny Vann Page 3 since the newly created Paepcke parcel is the only property that would logically be served by an access in this location, the applicants are proposing a driveway of limited width and with minimal improvements to meet City of Aspen driveway standards. The Garmisch Street right-of-way currently accommodates dry utilities in this area and will accommodate a new water service line as a result of the construction of a home on the parcel created by this application. Access improvements will be limited to minor grading, installation of road base and paving for driveway use. Remaining disturbed areas will be revegetated to blend with existing n6w ant hnrICCU�ii y. The frontage of Francis Street where the driveway will intersect has good sight distances west on Francis and south on Garmisch. There is no existing curb and gutter in the area and the applicants would propose to construct an intersection with the existing roadway in a manner comparable to existing drives to the west. A shallow swale would be constructed adjacent to the existing pavement edge to maintain historic drainage along Francis Street, as has been done on adjacent properties. While existing traffic count information is not available for streets in the immediate vicinity, traffic volumes in this area are generally low and would not be adversely affected by the creation of the proposed homesite. I hope these comments will be adequate for submission of the Paepcke Estate Hallam Lake House Lot Split application. Feel free to contact me if I may provide any further comment or detail. Very Truly Yours, SCHMUESER GORDON MEYER INC. Jay W. Hammond, P.E. Principal, Aspen Office JH/Ih 9418BER SCHMUESER GORDON MEYER, INC. EXHIBIT 1 City of Aspen Pre -Application Conference Summary Applicant's Represenlal Owner's No ' anner ate The applicant has been requested to respond to the following items and provide the following reports: Land Use Cude Section Comments l Iksof - �C r AA PC— - flu i t�.� . • Referral Agencies The review is: (1'&Z only (CC onl (P&Z and CC) h��r�4A �►�. Public Ilearingt pes (no) Delmisil for the Application Iteview:C Referral agency flat ftxs: IOTA L DEPOSIT (Additional hours are r e al a rate u 6 ir.) To Apply Submit the hollowing Inftn7uatian: I. Proof of ownership. 2. Signed fee agreement. .1. Applicant's name, addresz and telephone mmnher in a letter signed by the applicant which also stales the name, address and Icicphonc a umber of the representative. 4. TuI I delxrsit for review of the application 1Q-4 . 5. copies of the crm plcle application packet and maps. G. Summary letter explaining the request (existing conditions and proposed uses), including street address :uad legal description of the properly. 7. An 8 1/2" by I I" vicinity Wrap Itx-aling the parcel within the City of Aspen. 8. Site plan shall include property bom,diries, lot size, proposed access, and physical features (drainageways, streams, rivers, etc.) 9. i0. These items need to be submitted if circled R. List of adiacenl propuly owners within 300 feet of the subject property with addresses. Site pholos. Proof of legal access to the parcel. Historic 1'rescrvnliun Commission review/approval. ��SU PG (-W I ems? nn _ Ts Go c m i t tA,4 0-4 �'� EXHIBIT 2 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: 07/11/94 at 08:30 A.M. 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -Form B-1970 (Rev. 10/17/92) Proposed Insured: PROFORMA (b) ALTA Loan Policy, (Rev. 10/17/92) Proposed Insured: Case No. PCT-9198C2 Amount$ TBD Premium$ Rate: Amount$ Premium$ Rate: Tax Certificate $20.00 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: ELIZABETH H. PAEPCKE (DECEASED), AS TO PARCEL 1 THE WALTER P. PAEPCKE LIFE INSURANCE TRUST, AS TO PARCEL 2 4. The land referred to in this Commitment is described as follows: See Attached Exhibit "A" Countersigned at: PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS This Commitment is invalid ASPEN, CO. 81611 unless the Insuring 303-925-1766 Provisions and Schedules, Fax 303-925-6527 A and B are attached. u SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit: v/i. The following documents should be obtained and recorded from the Estate of Elizabeth H. Paepcke, deceased, Probate No. in the Court, County of A. Certified copy of the Letters of Appointment of the Personal Representative . B. Personal Representative's Deed describing the time and place of probate and date of appointment, and noting the State Documentary Fee, conveying the subject property to parties to be determined. (AS TO PARCEL 1) V2. Deed, executed by the Trustee (s), or as otherwise designated in the Trust Agreement of The Walter P. Paepcke Life Insurance Trust To : Parties to be determined Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) -5. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) .� Completion of Form DR 1079 regarding the withclding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) (Continued) SCHEDULE B SECTION 2 EXCEPTIONS 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, ench_roachments, 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 heretofore 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 due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. -�7. Reservations and exceptions as set forth in the Deed from the City of Asnen recorded in Book 59 at Page 62, 104 AND 355 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". �/8-� Easement and right of way for electric, telephone communication and similar usage as set forth in Agreement recorded in Book 415 at Page 264. This commitment is invalid unless Schedule B-Section 2 :he Insuring Provisions and Schedules Commitment No. PCT-9198C2 k and B are attached. EXHIBIT A PARCEL 1: LOTS A, B, C, D, E, F, G, H, I, BLOCK 55, CITY AND TOWNSITE OF ASPEN. TOGETHER WITH THE ALLEY ADJACENT TO ABOVE SAID LOTS. ..PARCEL 2: LOT K AND THE WEST ONE-HALF OF LOT L, BLOCK 55,•CITY AND TOWNSITE OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO. DEC 2j '94 10:45HN VH11ii tDJ'1hLk=) `VVr, • • EXHIBIT 3 December 22, 1994 HAND DELIVERED Ms. Leslie Lamont, Deputy Director Community Development Department 130 South Galena Street .Aspen, Colorado 81611 Re: Permission to Represent Dear Ms. Lamont: Please consider this letter authorization for Sunny Vann of Vann Associates, Planning Consultants, to represent the P,state of Elizabeth H. Paepcke in the processing of an application for subdivision exemption approval to subdivide the Paepcke property which is located at 414 North First Street in the City of Aspen. Mr. Vann is hereby authorized to act on the Estate's behalf with respect to all matters reasonably pertaining to the aforementioned application, Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, CO -PERSONAL REPRESENTATIVES (INDEPENDENT CO -EXECUTORS) OF THE ESTATE OF ELIZABETH H. PAEPCKE, DECEASED Paula A. Zurcher Peter P. Nitze SV:cwv a ,b us \d ty.1 t r11 tr17 S 94.111 n A , 1 JulitA Lewis Sonnenschein, Nath & Rosenthal 8000 Sears Tower Chicago, IL 60606-6404 0 EXHIBIT 4 ASPENTITKIN PLANNING OFFICE Agreement for Payment of Cityof f Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: �j?yyC' 1. APPLICANT has submitted to CITY an application for (hereinafter, THE PROJ 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 77 (Series of 1992) establishes a fee structure for Planning Office 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 to allow APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. 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 approval, 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 $C7;f which is for �� hours of Planning Office 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. CITY OF ASPEN APPLICANT By: By: mlw- I'll 0�� Diane Moore Mailing Address: City Planning Director Date • 1 Z Zy • 944 2 EXHIBIT 5 PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, 3RD FLOOR Vincent J. Higens ASPEN, COLORADO 81611 President 303-925-1766 : 303-925-6527 FAX 300' OWNER'S LIST Christina Davis Vice President Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado, hereby certifies the following list is a current list of property owner's within three hundred feet of LOTS A -I, BLOCK 55, CITY AND TOWNSITE OF ASPEN , as obtained from the most current Pitkin County Assessors Tax Rolls, and updated to December 6, 1994. NAMES AND ADDRESSES TAX SCHEDULE NUMBER -------------------------------------------------------------------------- PLEASE REFER TO LIST ATTACHED HERETO AND MADE A PART HEREOF AUTHO,RIEED r9IGNATURE • ANDREW J. FRI-4-L, TRUST 2737-124-17-032 P.O. BOX 465 ASPEN CO 81612 ASPEN CENTER FOR ENVIRONMENTAL STUDIES NOT ASSESSED 100 PUPPY SMITH ST. ASPEN CO 81611 ASPEN SCHOOL DISTRICT NOT ASSESSED 0335 HIGH SCHOOL RD. ASPEN CO 81611 BONNIE K. SBARBARA 2737-124-21-004 329 CARLILE AVE. PUEBLO CO 81004 CECIL M. HERNANDEZ 2737-124-17-007 LORENE M. HERNANDEZ 432 W. FRANCIS ASPEN CO 81611 CLARENCE 0. QUAM, TRUSTEE 2737-124-21-002 C/O VERONICA MARTIN 4128 FRUITVALE AVE. OAKLAND CA 94206 DAVID M. LEVY TIMES SQUARE BUILDING �''p� (�_ j /- 2737-124-18-004 lD 45 EXCHANGE ST. S'/act -1 ROCHESTER NY 14614 O DAVID T. SCHIFF 2737-124-88-002 485 MADISON AVE. 20TH FLOOR NEW YORK NY 10022 ESTHER LEONARD DE VOS 2737-124-22-001 P.O. BOX 3238 ASPEN CO 81612 GEORGE A. VICENZI 2737-124-22-003 P.O. BOX 2238 ASPEN CO 81612 1 �..,. �._..� �, �,1 �� `�I �, �� r { � � f "� r ..� • GIVEN INSTITUTE • NOT ASSESSED 100 E. FRANCIS CO 81611 ASPEN JAMES P.S. GRIFFITH 3417 MILAM AVE. STE.TA 77002 HOUSTON JAMES V. REDD LOUIS N. SCHOLNIK 1901 NW 62ND ST. #415 33309 FT. LA'u ERDA LE FL JERALD M. BARNETT 1000 N. STATIONS STREET, UNIT 514 PORT ARKANSAS TX 78373 JOAN F. TOBIN 212 WEST FRANCIS ST. ASPEN CO 81611 JOHN J. NICHOLSON LOU ADLER P.O. BOX 67006 CA 90067 LOS ANGELES KARL ZEISLER JOAN C. ZEISLER 990 LAKE SHORE DRIVE CHICAGO IL 60611 LLOYD E. COTSEN, TRUSTEE C/O NEUTROGENA 5760 WEST 96TH ST. CA g0045 LOS ANGELES LLOYD G. & BETTY A. SCHERMER GREGORY P. & GRANT E. SCHERMER P.O. BOX 5837 SNOWMASS VILLAGE CO g1615 MAURICE B. TOBIN DORETTE FLEISCHMANN 212 WEST FR.ANCIS ST. ASPEN CO 81611 2737-124-22-002 2737-124-21-003 2737-124-18-003 2737-124-17-005 2737-124-88-005 2737-124-17-031 2737-124-88-001 2737-124-88-004 2737-124-17-004 • MAURICE N. NESSEN 2737-124-17-008 919 3RD AVE. NEW YORK NY 10022 PAUL A. FABRY 1127 BOURBON ST. NEW ORLEANS LA 70116 PAUL F. BARNHART, JR. 2121 SAGE ROAD HOUSTON TX 77056 PETER B. LEWIS JONATHAN D. LEWIS 2665 SOUTH BAYSHORE DR. STE. 1002 MIAMI FL 33133 QUENTIN VIDOR 2 UPPER HOOK ROAD RHINEBECK NY 12572 THOMAS E. CONGDON NOEL R. CONGDON 1100 DENVER CENTER BLDG. DENVER CO 80203 WILLIAM R. MANCLARK DARLEEN J. MANCLARK 484 SHERIDAN ROAD GLENCOE IL 60022 2737-124-21-001 2737-124-17-002 2737-124-89-003 2737-124-17-003 2737-124-17-006 2737-124-16-002 • Paepcke FAR calc EXHIBIT 7 Adjustments Rules Totals Basement Floor Plate height 7.7 9.50 Storey above Natural Grade 2.75 2.75 % above grade 35.7 29.00 Length Width Subtotal sf Laundry + Wine cellar 12.70 13.00 165.10 0.357 3-101 D 21.00 18.80 394.80 0.357 Boiler Room 16.50 23.10 381.15 0.29 Covered porch 7.70 8.00 61.60 14.00 10.70 149.80 12.00 10.70 128.40 First Floor 2.00 25.70 51.40 2.00 2.40 4.80 35.80 39.40 1410.52 16.00 2.10 33.60 16.50 7.10 117.15 17.70 32.90 582.33 4.10 5.30 21.73 13.10 27.60 361.56 Second floor 37.80 41.50 1568.7 17.70 32.90 582.33 16.50 5.00 82.50 Garage 1/2 story 20.00 30.40 608.00 Basement total Area 24.00 3 foot allowance 3- 101B 42.00 36.00 Covered Porch Area First Floor >10' Plate height 201.65 (+ .05'1.9') Plate height >10 First Floor Area Second Floor Area Attic Excluded: Unfinished (Exposed Beams and Insulation) and does not comply with UBC rules regarding Habitability(light, Air, or egress) Garage Excluded: Two dwelling Units (main house and Above Garage) 3-101 C Exterior Stairs Excluded: less than 15% of FAR Possible exclusion: 250.00 Attached accessory DU (3-101 G) Grand Total Area 58.94 140.94 110.53 310.42 37.60 107.80 92.40 237.80 51.40 4.80 1410.52 33.60 117.15 582.33 2199.80 201.65 21.73 361.56 2784.74 1568.70 582.33 82.50 608.00 2841.53 6174.49 Page 1 Flow Flat. he,ph, 7.7 9.54 Storer ooave Natural Groot 2.75 2.75 f above grade 35.7 29.66 length horn Subtotal sF Total, lautNry . Mine c.11.r 12. 79 13.00 115 .111 •.357 53.9t 21.M 13.39 39,N 9. 357 1N.9. 90,1er Now 16.54 23.19 321.15 9.29 119.53 9asrm total Nee 316.e2 • Setaro Floor 37.69 e1.59 1561.7 Ma. Is 37.n 32.91 SU.33 S12.33 lf.s1 S.N U.so 92.so Wrap 1/2 story 29.M 34.40 G".N 196.M Setarcl Floor Area 2411.53 6raaa Total Area 9174.49 • E Loretta Banner, Reco EXHIBIT 8 Recorded at 3V- M., Nov. 12, 1981 Reception / `Z.3-7080 RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. (Series of 1981) AN ORDINANCE ACCORDING TO SECTION 24-9.7 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN FOR DESIGNATION OF HISTORIC STRUCTURES WHICH ARE IN THE TOP TWO CATEGORIES OF THE INVENTORY OF HISTORIC SITES AND STRUCTURES FOR THE CITY OF ASPEN, COLORADO WHEREAS, by Resolutions No. 81-2, 81-3, 81-4, 81-5 and 81-6, the historic Preservation Commission has recommended to the City Council that certain structures be designated historic and a suf- fix of "H" be attached to the zoning of these properties and the real estate records, and WHEREAS, these structures are in the two highest categories of the 1980 inventory, these being "Exceptional" and Excellent", and WHEREAS, the owners of these properties have requested desig- nation through written replies to the Planning Office, and WHEREAS, the Historic Preservation Committee has reviewed these sites and/or structures based on the guidelines and stan- dards in Section 24-9.3 of the Aspen Municipal code and found them to be worthy of historic designat-ion. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the following list of sites and/or structures at these addresses be granted historic designation and the suffix of "H" be attached to their zoning and real estate records: 500 W. Main 501 E. Hyman 303-309 S. Galena 312 S. Galena 206 Lake Avenue Gazebo in Paepcke Park 13U S. Galena 590 N. Mill Ute Cemetery 328 E. Hyman Lift #1 Park Area (Boat 'row, Bullwheel, Tower, Skier's Chalet) I • RECORD OF PROCEEDINGS 100 Leaves 62U W. Bleeker 212 N. Monarch 414 N. First Street 208 S. Mill 300 E. Hyman Owl Cigar Sign at 300 E. Hyman 328 W. Main 200 E. Bleeker 201-207 S. Galena 506 E. Main Section 2 If any section, subsection, sentence, clause, phrase or por- tion of this ordinance is for any reason held invalid or unconsti- tutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining por- tions thereof. Section 3 A public hearing onthe ordinance shall be held on theo�� day of C ' L_/ , 1981, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, 15 days prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen on the .415, day of 1981. 4 usan Michael- : Mayor Pro Tem Al T� L Kathryn" Koch, City Clerk old FINALLY.adopted, passed and approved on the may of Ys�,r /i,4J 19 81. Susan E. Michael AL Mayor Pro Tem ATTEST: 0 Kathryn S. och, City C erk I RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on reading at a regular.meeting of the City GC�ouncil of the City of Aspen on� 19 O /, and published in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of / 19.1 9 /, and was finally adopted and approved at a regular meeting of the City Council on C.�GTv�w✓ ,��p _, 19 Y1, and ordered published as Ordinance No. Series of 19 1V of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this day of /'/mac li,e ✓ 19 Kathyrn S1 Koch, City Clerk sr c�CORI.�` Deputy City Clerk I 0 ASPEN/PITKIN PLANNING O*E 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 FAX# (303) 920-5197 January 10, 1995 Sunny Vann 230 E. Hopkins Ave. Aspen, CO 81611 Re: 414 N. First St. Vested Rights Case A99-94 Dear Sunny, Subdivision Exemption for Lot Split, GMQS Exemption & The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. We have scheduled this application for 1st Reading before the Aspen City Council on Monday, February 13, 1995 at a meeting to begin at 5:00 p.m. Second Reading and Public Hearing will be on March 13, 1995. Should these dates be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda dates will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting dates, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to mail notice to property owners within 300' and to post the subject property with a sign at least ten (10) days prior to the public hearing. Please submit a photograph of the posted sign as proof of posting and an affidavit as proof of mailing prior to the public hearing. If you have any questions, please call Leslie Lamont, the planner assigned to your case. at 920- 5101. Sincerely, Suzanne L. Wolff Administrative Assistant mph CJ Ll ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone 920-5090 FAX 920-5439 MEMORANDUM TO: City Engineer Parks Department Zoning Administration FROM: Leslie Lamont, Planner RE: 414 N. First St. Subdivision Exemption for Lot Split, GMQS Exemption & Vested Rights Parcel ID No. 2735-124-18-001 & -005 DATE: January 10, 1995 Attached for your review and comments is an application submitted by the Estate of Elizabeth Paepcke. Please return your comments to me no later than January 27. Thank you. HALLAM.. _" N. 40- 36"53" W 5.17 1. WIRE FENCE o 0 1 1 A.- ( /378 FOUND: No. 5 REBAR 8k PLAS. CAP L.S. 20151 0 \ t CHAIN LINK (CYCLONE) FENCE R.R. TIE RETAINING r 'V ALL IRON / FENCE iI28.21, OUND. N0.5 REBAR W/PLAS. CAP N.75'99'1I* FOUND: NAIL B PLAS CAP L.S. 20151 HALLAM LAKE r- FUSE IMPHOVE-IVIEIVI SURVEY g LEGAL DESCRIPTION PARCEL 1: LOTS A, B, C, D, E, F, G, H, AND I, BLOCK 55, CITY AND TOWNSITE OF ASPEN, TOGETHER WITH THE NORTHERLY TEN FEET OF THE ALLEY IN BLOCK 55 AS DESCRIBED IN QUIET TITLE DECREE AS RECORDED IN BOOK 175, PAGE 300, PITKIN COUNTY RECORDS, ADJACENT TO SAID LOTS A THRU I, AND THE PORTIONS OF LOTS 1, 2, 3, 4, 5, 6, 7, 8, AND 9 ADJACENT TO SAID LOTS A THRU I, BLOCK 55, WHICH LIE WITHIN HALLAM'S ADDITION TO THE CITY AND TOWNSITE OF ASPEN AS SHOWN ON THE WILLITS PLAT OF 1896, RECORDED IN BOOK 4 AT PAGE 27 OF THE PITKIN COUNTY RECORDS, AND AN IRREGULAR METES AND BOUNDS PARCEL ADJOINING THE ABOVE DESCRIBED LOTS ON THEIR NORTHERLY AND EASTERLY BOUNDARIES, ALL OF THE ABOVE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF FIRST STREET, SAID POINT BEING S. 14' 50' 49" W., 10.00' FROM THE SOUTHWEST CORNER OF LOT A, BLOCK 55, CITY AND TOWNSITE OF ASPEN; THENCE S. 75' 09' 1111 E., 294.08' TO A POINT ON THE WESTERLY LINE OF THAT PARCEL DESCRIBED IN BOOK 256 AT PAGE 877; THENCE ALONG SAID WESTERLY AND NORTHERLY LINES OF SAID PARCEL THE FOLLOWING COURSES AND DISTANCES: N. 14' 50' 49" E., 10.80'; N. 33' 03' 19" E., 42.21'; N. 07' 19' 05" E., 112.35'; S. 70' 18' 15" E., 209.82' TO A POINT OF INTERSECTION WITH A PARCEL DESCRIBED IN BOOK 341 AT PAGE 373, BOOK 381 AT PAGE 294, AND BOOK 382 AT PAGE 272B; THENCE N. 62' 39' 00" W., 161.33'; THENCE N. 74' 18' 00" W., 26.73' (DEED 25.73'); THENCE N. 82" 05' 40" W., 178.19'; THENCE N. 34' 55' 17" W., 130.87' (DEED 130.59'); THENCE N. 09' 26' 25" W., 210.13'; THENCE N. 40' 36' 53" W., 5.17', AT WHICH POINT LEAVING THE WESTERLY LINE OF SAID PARCEL DESCRIBED IN BOOK 381 AT PAGE 294 AND BOOK 382 AT PAGE 272B; THENCE S. 55' 35' 00" W., 49.81'; THENCE S. 12' 24' 00" E., 242.09'; THENCE N. 75' 09' 11" W., 28.21' TO A POINT ON THE NORTHERLY PROJECTION OF THE WEST LINE OF BLOCK 55, CITY AND TOWNSITE OF ASPEN; THENCE S. 14' 50' 49" W., ALONG SAID WEST LINE OF BLOCK 55 AND ITS NORTHERLY PROJECTION 184.35' TO THE POINT OF BEGINNING CONTAINING 1.536 ACRES ± ALL IN THE COUNTY OF PITKIN, STATE OF COLORADO. COUNTY OF PITKIN, STATE OF COLORADO. SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY THAT THIS MAP ACCURATELY DEPICTS A SURVEY MADE UNDER MY SUPERVISION IN SEPTEMBER, 1994, OF THE ABOVE DESCRIBED PARCELS OF LAND. THE THREE-STORY FRAME BUILDING WAS FOUND TO BE LOCATED ON THE ABOVE DESCRIBED PROPERTY AS SHOWN HEREON. THE LOCATION AND DIMENSIONS OF ALL IMPROVEMENTS, EASEMENTS, RIGHTS -OF -WAY IN EVIDENCE OR KNOWN TO ME AND ENCROACHMENTS BY OR ON THESE PREMISES ARE ACCURATELY SHOWN. CARMICHAEL SURVEYING, INC. BY: DATE: OCTOBER 15, 1994 P.L.S. 24303 NOTICE. According to Colorado law you must commence any facial action h— a111 n Is survey wab!n three years after you first discover 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. PIE 'G'KE ESTAFzE- TREE INDEX 1-12" EVERGREEN 2-28" DECIDUOUS 3-36" DECIDUOUS 4-11" EVERGREEN 5-16" EVERGREEN 6-36" EVERGREEN 7-15" EVERGREEN 8-10" EVERGREEN 9-28" EVERGREEN 10-3" EVERGREEN I1-11" EVERGREEN 12-11" EVERGREEN 13-36" EVERGREEN 14-3" EVERGREEN 15-16" EVERGREEN 29-6" EVERGREEN 30-12" EVERGREEN 31-26" EVERGREEN 32-45" EVERGREEN 33-32" EVERGREEN 34-8" DECIDUOUS 35-8" DECIDUOUS 36-8" DECIDUOUS 37-9" DECIDUOUS 38-32" EVERGREEN 39-16" DECIDUOUS 40-10" DECIDUOUS 41-10" DECIDUOUS 42-10" DECIDUOUS 43-10" DECIDUOUS ' F007 16- 10" DECIDUOUS 44-10" DECIDUOUS RA-N Iz 17-10" DECIDUOUS 18-24" EVERGREEN 45-9" DECIDUOUS 46-9" DECIDUOUS 5° II \\ 19-18" EVERGREEN 47-10"DECIDUOUS FOU ND • PEAS CAP 20-24" EVERGREEN 48-24" EVERGREEN L S 2 0151 \ 21-24" EVERGREEN 49-24" EVERGREEN I 22-16" EVERGREEN 23-22" EVERGREEN 50-8" EVERGREEN 51-14" EVERGREEN 5 + I 24-42" EVERGREEN 25-45" EVERGREEN 52-24" EVERGREEN 53-36" EVERGREEN 26-47" EVERGREEN 54-18" EVERGREEN N \ O c 27-20" EVERGREEN 55-43" DECIDUOUS n \ 1 "� 28-6" EVERGREEN 56-40" DECIDUOUS v \ 66,925.3 r 3 V 1 A'ARNLE S*ONE r9 , o 7DP SLOPE T rn WATER W M 0 J Q LONE DRIVE POINT OFi BEGINNING_' PARCEL ONE 2 O NYaI / j ./ n \ _ _ 1 - /a/�J .�. -1'. _" _ _ _ /' _ arc,( 26 01 / PORCH Y `�- I - - - 34 ' `GATE 17 I ''-. •� 1 25 I ..7-- -- RN/,S - 25 4 N - --1,16 I , , /11J� \ _ _--- 1'14 ,Y!/_L � PONC I � l_ o I Vi V I I S 28 I I O 1 n' R !' � 5 I 3-S70RY FRq ME a -i� I I ' II I CONE I 'Jl� � � WOOD O PAD I I ___ r / T FENCE 4 S o P� 4� z L.7.1 I I Y I I 16 17 I _ 53 / WA... 30 I I 1 PRICK 5.3 `J m I �.9 I I •1] lI i I, '%4 WALL.' III o_ -�f "y 1 U'. .I I I I I J 50 I +C ;ATE II ,� - 1 I i 1 I 32 I 39 WOUD FE23 NCC 5' -- � 2n- I - 31 '�33 44 0'46 O V A 48 1 O 26.3' I 3- "1 O IV) v- GN AVEL I _ !/ '43 1 ' GARAGE - PATh FP j° I I ' ..•�YY 45 �O 22 1 �270.051 �I -- -- - - - --1 -41 ( - -- - - .- - 0- (T- YP-)21 J O 30.4=_ n .-_ - x - r I -- Wl riOu FFNCf 1 ^F 7YER Y /0' OF AL LL Y Z� N 0 20 40 60 80 100 FT SCALE I = 20' BASIS OF BEARING N. 75° C9' 11" W. PE-WEEN FOUW( CITY MONUMENT AT N.E CORNER BLOCK 49 CITY OF ASPEN AND A FOUND REBAR AT N W. CORNER BLOCK 64 CITY OF ASPEN COANER NO 5 ASPTN TOWNSITE fF/ELD POST/ON) CORNEA' NO.5 ASPEN TOWNSI TE I(RECORD POSITION) I I INCLUDED /N WIET T/TL4 LiCREE HUUK 175, PAGE 30U ALLEY N. 75009, 11rr W. wnN,'FORM 294 78-- - — - GATF POST _- —_ -- UTI LIJV H Pd A!fl Tr Nl.Il r" EA3EMEM1T (N��t,k 415, PAGt 7R4�— -- ! 'V ROX GIVEN I INSTITUTE H' ')K 256, PAGE 877 K I L I N I 0 I P Q I R I S I I I I I I I I � I I ► I � Q L-^__�__� I _ ' POINT OF BEGINNING 24. 'J:J BOOK 256', PAGE 877 HL I CARMICHAEL SURVEYING, INC. P.O. BOX 1367 CARBONDALE,COLORADO 81623 (303-963-0757) Surveyed SEPTEMBER 1994 Revisions Drafted 10-10-94 Title HALLAM. LAKE HOUSE IMPROVEMENT SUR`'JLY job No 94-55 PAEPCKE ESTATE Client PAEPCKE/ ( SHEET I OF 2 ) ZURCHER I N. 40° 36'53" W. \ 5.17' tP 0 o .� 0� ", `ems, WIRE FENCE FOUND: No. 5 REBAR 8t PLAS. CAP L. S. 20151 4 R.R. T/E RE TANNING :YAL L FOUND: NAIL & PLAS CAP L.S. 20151 VOTICE According to Colorado law you must commence any legal action based ipon any detect in this survey within three years after you first discover such defect. n no event may any action based upon any detect in this survey be commenced ,ore than an years from the date of the certification shown hereon. H 14 L L A M LAKE HOUSE IMPRO VEMEN 7- SUR VE K PA EP CKE ESTATE 0 20 40 60 80 100 FT. SCALE: I = 20' CHAINLINK(CYCLONE) ASPEN CENTER FOR ENVIRONMENTAL STUDIES FENCE S CONVEYED TO A-CES. IRON BOOK 34/, PAGE 373 FENCE 28.21, FOUND: No-5 REBAR W/PLAS. CAP �- N.75° 9 I I W. x 25.73' (DEED) -- L. S. 20151 S.74° 18 00 t_. __ CHAIN LINK(CYCLONE) - -- -- -- -- /�,3� 26.73r(F/ELD) x S 6p FENCE °3g'OO E. S 87oOD 40 E' x V' 2A S. 70° 18' 15" E. f 209, 82' � N to WOOD r F R CE4, I FENCE A 1.536 ACRES f // 66, 925.3 SO. FT N U i it i V i U1 w yA<<A S _� gaoir1oN I I o Z GIVEN INSTITUTE 4Sp,, Z I I ( I T 0�'NS/7 L /NE� KI I I �� I �—� �i`_ CORNER No. 5 ASPEN TOWNS/TE I B O C I I I I Y (FIELD POSITION) —moo I CORNER No.5 ASPEN TOWNS/TE D I (� (RECORD POSITION) !n1 I I I - I h i I u U CARMICHAEL 8URVEYING9INC. P.O. BOX 1367 CARBONDALE,COLORADO 81623 (303 -963-0757) Surveyed SEPTEMBER 1994 Revisions Drafted 10-27- 94 Title HALLAM LAKE HOUSE IMPROVEMENT SURVEY PAEPCKE ESTATE ( SHEET 2 OF 2 ) job No 94-55 Clierrt PAEPCKE/ LUPCHEP i i ! 47 0 I r I I 1. rr 1 � r SCALr INCH 10 FEET ; 5 10 15 20 / r ( l I 4 REBAR W, (Fr l / FOUND CITY MONUMENT SW COP BLOCK. 55 HORZ. CONTROL I/ ! r; S �g e0g 2%0 0811-E / DEPOSITED THIS _ DAY OF — _ 199_1N BOOK OF THE COUNTY'S LAND SURVEY PLATS AT PAGE AS RECEPTION NO. THIS !.AND SURVEY PLAT COMPi_IES WITH SECTION 38-51-102 COLORADO REVISED STATUES. COUNTY CLERK SECTION 12— TOWNSHIP-10 SOUTH. RANGE 85 WEST 6th PM CL'R i i CA? ON I. DAVID W. Mc BRIDE. A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, HEREBY CERTIFY THAT THIS PLAT WAS PREPARED FROM A FIELD SURVEY PREFORMED UNDER MY SUPERV15ION IN Jz�nl, i99.,ti:_ AND IS 'TRUE AND CORREC"1 TO THE. BEST OF KNOWLEDGE AND BELIEF. THIS CERTIFICATION IS VOID UNLESS WET STAMPED ON AN ORiGIN,AI_ BLUEPRINT 5 1 GNED TH I S L <': DAY OF 199 1 DAb i D W. t1c8P,ID RLS 161 29 _ Ac�iz� ws 7 ko ORA'O I Ao wt UPON 1Nt t r:lF IN I019 f At Wll'+, N 'HNCI ' A, a.�n<IRr.-'to, iI(-. NO IV' N M0 1N1 l ?!�N A N 1 N TH t. �ar kit t)Mjp Nl. M�AF AN :N .�1#t b4 ii 0i 4" C\ f I.A �'iO N It9 rF (yN, 4 F�1 Y rjS B=IS OF NGS � s 09 `R e1K -49 (C! TY `\`N J TO `�Nw CO`�TK 64 \ (r`84R) r A REBAR C 16129 PREPARED BY ASPEN SURVEY ENGINEERS. INC. 210 S. GALENA STREET P.O. BOX 2506 ASPEN. COLO. 816i1 PHONE/FAX t3031 925 3816 L. 1 I4 NORTH Fi-tEE T L?T ` PL1T ®, 4If UBDIVfSI0N i r i ( ! / r i HOUSE ON LOTS O,R, & FOUND N0. 5 RD W/ ALUM CAP 1' UNDER GRADE DISTURBED BUSHES EXISTING GATE 24' CTTNWD t 1 v� 32' CTTNWD I7' CTTNWD 26' SPRUCE G I VEN l NS T I TOTE BOOK 256 PAGE 877 RIGHT OF W4Y SURVEY ATORT,ff ,5'TRFFT LYING NORTH OF WEST WEST FRANC l S STREET CITY OF ASPEN, COLORADO DWG NO. 25005