HomeMy WebLinkAboutcoa.lu.ec.320 Lake Ave.Marshall 1987�- 320 Lake Ave.
Marshall lot split 26A-
87
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Bruce Abel, general manager of RFTA, presented a supplemental
appropriation resolution, which is a housekeeping item. Abel
said the city has requested RFTA do the improvements to the
alley as part of the Rubey park project. Abel said it is
necessary to appropriate revenues from the city and expenditures
for this project. Abel told Council early in the project it
became apparent it would be appropriate to remove the trees off
the site and replace it with new landscaping. Abel said this
resolution also incorporates the contributions from Hadid Aspen
Holdings to refund part of the transportation study. Councilman
Tuite asked if the city has replaced Guido's fence. Abel said it
has not been replaced. The project is on hold for the alley work
due to weather. Councilman Tuite said he would like the fence
repaired regardless.
Councilwoman Fallin moved to approve the supplemental appropria-
tion for RFTA; seconded by Councilman Tuite. All in favor,
motion carried.
LOT' SPLIT - Marshall
Glenn Horn, planning office, told Council this is an application
for subdivision exception to create a lot exempt from growth
management. The existing parcel is about 13,000 square feet.
This parcel is located on Lake avenue overlooking Hallam lake.
Horn told Council the parcel is heavily wooded and has a small
Victorian house on it, which is historically designated. Horn
said the pertinent issue is the impact on Hallam lake and the
adjacent property owners. Horn told Council staff has worked
with the applicant in setting a complete building envelope on the
newly created parcel and a partial building envelope on the
existing parcel to protect Hallam lake and the neighbors. Horn
pointed out there are a lot of trees on the parcel, which the
applicant has committed to replanting or replacing. The appli-
cant has also committed to take a new house on parcel 2 through a
voluntary review of HPC. The applicant has met with Hallam lake
representatives, who has added conditions or the approval. Based
on the setbacks, the building envelopes and the conditions
outlined, P & Z and staff both recommend approval.
Jane Ellen Hamilton, representing the applicant, told council the
applicant acceded to every request from Hallam Lake. The
applicant has also voluntarily increased the setback quite
significantly from what the Code requires. Ms. Hamilton said the
applicant will commit to relocating the trees that will have be
to taken out to build the building.
Mayor Stirling opened the public hearing. Mayor Stirling read
into the record a telegram strongly opposed to this lot split
Aspen -C-ity--eotmci-1 - - - . Recrurar-Me-etimg--Novembe-r 23 1987
from Victor Lundy. Bill Martin asked if the present home is to
be destroyed. Mayor Stirling said the house is a historic
landmark. Ms. Hamilton said the applicant has no intentions of
destroying the house. Councilman Gassman said he does not see a
building envelope on parcel 1. Horn said the applicant has
agreed to limit the setback on the rear yard to 20 feet. Horn
said he discussed with P & Z a front yard setback to maintain the
existing front yard. P & Z did not support the recommendation to
set the front yard setback in excess of the existing code. Horn
said it is doubtful there will be an addition on the south side
as there are 3 tremendous cottonwoods which set the tone for the
whole parcel. Horn said it is unlikely the applicant would be
permitted to remove those trees. Mayor Stirling suggested adding
a condition to preserve the existing front setback and the south
side setback.
Councilman Gassman moved to add condition 9 that an addition to
the existing house not encroach into the sideyard more than it
does and not encroach more to the south than it does on parcel
1; seconded by Mayor Stirling. All in favor, motion carried.
Councilman Isaac said it is unfortunate what has happened along
Lake avenue. There has been a lot of development along the
street. Councilman Gassman said he does not want to approve
something in excess of the new R-6 regulations. Horn said the
development will be subject to the new FAR regulations.
Mayor Stirling closed the public hearing.
Councilman Isaac moved to approve the Marshall subdivision
exception and growth management exemption for the purpose of
creating 2 lots with the 9 conditions listed in the planning
office memorandum; seconded by Councilman Tuite. All in favor,
with the exception of Councilwoman Fallin. Motion carried.
1-988 BUDPGET/-QAPITAL - $ DGET
Mayor Stirling said this public hearing will be continued to set
the mill levy to December 9, 1987. Mayor Stirling opened the
public hearing.
Doug Carlson presented a proposal prepared by Dick Butera as an
alternative to spending $50,000 on consulting fees for the
parking structure. The proposal shows a 3 story parking garage
on the Rio Grande property that has as an alternative 24,000
square feet on top to be used for city/county offices. 300
parking spaces could be provided in this parking garage. Council
suggested this be discussed December 9th. Mayor Stirling asked
if the storm drainage for 1989 includes the west end and Smug-
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CITY -OF ASPEN
LAND USE APPLICATION FORM
NAME Ronnie Marshall
ADDRESS
130 south galena street
aspen, colorado 81611
303-925 -2020
DATE SUBMITTED
FEES $1,570.00
PHONE
(Application for Subdivision Fxemption or Exception
NAME OF PROJECT Marshall Lot Split and Growth Management Exemption for Marshall Lot
Split)
PRESENT ZONING R-6
0.312 acres, legal description set forth on attached Exhibit "A", Lots
LOT SIZE. 10, 11 and the North 1 2 of_ Lot 12, Block 103 of the Hallam's Addition,
City of Aspen, County of Pitkin, State of Colorado
LOCATION
(indicate street address, lot and block number. May require legal
description. A vicinity map is very useful.)
CURRENT BUILD -OUT -approx. ,000 —sq. ft. ante sing1P family re-G,+denre units
PROPOSED BUILD -OUT sq. ft. one single family residence units
DESCRIPTION OF EXISTING USES Property contains a single family residence comprising
approximately 3,000 sq. ft.
DESCRIPTION OF LAND USE PROPOSAL See Exhibit "B" attached hereto and incorporated herein.
Subdivision Exemption or Exception for Lot Split and Growth
TYPE OF APPLICATION Management Exemption for lnt split
APPLICABLE CODE SECTION (S) Sections 20-19 -and 24-11_2(d)
PLAT AMENDMENT REQUIRED X YES NO
DATE PRE -APPLICATION CONFERENCE COMPLETED ___ _6J-4482-_
ATTACHMENTS: 1. All applicants must supply Proof of Ownership in the form of a
title insurance commitment or statement from an attorney indicating
that he/she has researched the title and verifies that the applicant
is the owner of the property (free of liens and eucumbrances.)
2. If the process requires a public hearing, a Property Owner's List
must be supplied which gives all owners within 300 feet in all
directions in some cases and adjacent owners in some cases.
3. Number of copies required (by code and/or in pre -application
conference.)
4. Plat by Registered Surveyor X Yes No
EXHIBIT "A"
Legal Description
Lots 10 and 11, Block 103, Hallam's Addition to Aspen,
Colorado and a tract of land being the Northwesterly 1/2 of
Lot 12, Block 103, Hallam's Addition to Aspen, Colorado,
said Tract being more fully described as follows:
Beginning at the most Westerly corner of said Lot 12, thence
around a curve to the left with a radius of 483.05 feet, a
distance of 25 feet (the chord of which curve bears S.
23"11'30" E. 25 feet); thence N. 65"19130" E. 125 feet;
thence around a curve to the right with a radius of 385.05
feet; a distance of 18.53 feet (the chord of which curve
bears N. 23°11130" W. 18.53 feet); thence S. 68°17'30" W.
125 feet to the point of beginning.
County of Pitkin, State of Colorado
EXHIBIT "B"
The applicant, Ronnie Marshall, proposes to divide her
property, described as Lots 10, 11 and the north half of Lot 12,
Block 103, of the Hallam's Addition, City of Aspen, County of
Pitkin, State of Colorado, into two parcels one comprising
approximately 6,000 square feet and one comprising approximately
_`�'7,603 square feet. Applicant seeks an exemption from the
definition of a subdivision set forth in Section 20-3(s) of the
Municipal Code of the City of Aspen (the "Code"), or, in the
alternative, an exception from the strict application of the
provisions of Chapter 20, Subdivision Regulations, of the Code.
Applicant also seeks an exemption from the growth management
quota system pursuant to Section 24-11.2(d) of the Code, as
amended by Ordinance No. 8, Series 1986, entitled "An Amendment
of the Aspen City Council Repealing and Reenacting Section
24-11.2(d) to change the Eligibility Requirements for the Growth
Management Plan Exemption for Lot Splits (the "Ordinance")."
A subdivision exemption may be granted pursuant to
Section 20-19(b) because a lot split such as contemplated by
Applicant is not within the intent and purpose to which the full
application of Chapter 20, Subdivision Regulations, of the Code
applies. The City Council, in enacting the Ordinance found that
lot splits similar to the one proposed by Applicant have "minimal
growth and development impacts," and thus there is no public
purpose for applying Chapter 20 to such lot splits.
The purpose and intent of the Subdivision Regulations
is set forth in Section 20-2 of the Code as follows:
"The purpose of this regulation is to assist
the orderly, efficient and integrated
development of the City of Aspen, to insure
the proper distribution of population and
coordinate the need for public services with
governmental improvement programs; to
encourage well -planned subdivision by setting
standards for subdivision design and
improvements; to improve land records and
survey monuments by establishing standards
for surveys, plans and plats; to safeguard
the interests of the public and the
subdivider and provide consumer protection
for the purchaser; to acquire desirable
public areas; and to otherwise promote the
health, safety and general welfare of the
residents of and visitors to the City of
Aspen."
Because Applicant's property is located in a well -populated area
of Aspen which has been developed for many years, there is no
need to apply the Subdivision Regulations to assist the orderly,
efficient and integrated development of the City of Aspen or to
insure the proper distribution of the City's population.
Furthermore, public services are already in place at the
Applicant's property as are the survey monuments. The lot split
will be a well planned "subdivision," for, as discussed below,
the lot split will substantially comply with the design standards
of Chapter 20 of the Code. In addition, because of such
substantial compliance, the interests of the public and the
subdivider will be safeguarded and consumer protection will be
afforded a purchaser.
In the alternative, if an exemption from the definition
of a subdivision is not granted Applicant's proposed lot split,
Applicant seeks an exception from the strict application of the
Subdivision Regulations. Subdivision exceptions may be granted
by the Planning Commission pursuant to Section 20-19(a) and is
appropriate in this situation for strict application of Chapter
20 to Applicant's proposed lot split would deprive Applicant of
the reasonable use of her land. Such reasonableness was
acknowledged by the City Council, when, in its preamble to the
Ordinance, it found that the "infilling of existing
neighborhoods.. is generally desirable from the standpoints of
available service, efficient land utilization and property
taxation." Furthermore, granting of an exception is necessary
for the preservation and enjoyment of Applicant's right to
reasonably develop her property, for Applicant's property
consists of two merged lots in Aspen's original townsite, both of
which could have been built on prior to merger. The City Council,
in enacting the Ordinance, found that facilitating the splitting
of such lots has minimal impacts and provides relief from the
sometimes onerous provisions of the Code. The granting of this
exception will not be detrimental to the public welfare or
injurious to other property in the area in which the subject
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property is located. Because Applicant's property is located in
the R-6 zone, a duplex is a permitted use. Thus Applicant could,
with appropriate historic structure approvals, convert her house
to a duplex. Although such development is available to
Applicant, Applicant is, in the interest of the public welfare
and her neighbors, pursuing a less dense development of her
property by not seeking to expand her house to a duplex and
simply dividing her property as described herein.
Furthermore, in order to avoid any injury to other
property in the area, Applicant has initiated dialog with Tom
Cardamone of the Aspen Center for Environmental Studies ("ACES")
which has responsibility for Hallam Lake, the wildlife sanctuary
which abuts Applicant's property. Applicant has agreed to accede
to each of the Mr. Cardamone's requests made relative to this
proposed lot split in order to assure the least possible impact
on Hallam Lake due to Applicant's proposed lot split. Thus
Applicant has agreed: that no dirt or debris will be dumped over
the bank that goes down to Hallam Lake; that no warm water from
any hot tub on the property will drain into the lake; that the
placement and illumination of lights on the property shall be
such as to minimize impacts on Hallam Lake; that no construction
of any decks or similar structures will be permitted on the bluff
leading down the hill at the back of the property to the Lake;
and that any trees removed during construction would be replaced
on the rear lot line to preserve vertical habitat in the area.
The single family residence currently existing on the
property is one of the historic victorian structures common to
the area. Because Applicant is concerned with the scenic quality
of her historic neighborhood, Applicant will agree to cause the
building design of any building constructed on the lot created by
this lot split to be brought before the Historic Preservation
Committee for a non -binding review by such committee of the
design of the proposed home. The building envelope will be
designed to prevent construction on the steep, rear half of the
lots, to protect the trees on site and to lessen the impact on
Hallam Lake Sanctuary from lights on the property.
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Because the lot split will provide for two smaller
residences, rather than the one large duplex which could be
constructed on the original lot, there will be less of an impact
on the Hallam Lake Sanctuary due to building bulk. In addition,
because of the lesser building bulk, existing trees will be
incorporated to their best advantage and a landscape screen will
be more effective, thus lessening visual impact on Lake Avenue.
Any trees which need to be trimmed or cut due to construction on
the lots will not be cut or trimmed to an extreme.
The Applicant seeks an exemption from compliance with
the Growth Management Quota allotment system pursuant to Section
24-11.2(d) of the Code, as amended by the Ordinance. The
Applicant's property has not been subdivided since the adoption
of the subdivision regulations by the City of Aspen on March 24,
1969. Two lots will be created by the proposed subdivision and
no exemption under Section 24, nor an exception or exemption
pursuant to Section 20-19 has been previously granted on the
property.
The Applicant has submitted an improvement survey and
requests that the approval of this application be granted subject
to the applicant's submission of a subdivision plat which
conforms to Section 20-15 and 20-16.
Respectfully submitted,
GARFIELD & HECHT, P.C.
BY:
1110
90
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TO: Aspen Planning and Zoning Commission
FROM: Glenn Horn, Planning Office
RE: Marshall Lot Split Subdivision Exception/GMQS Exemption
DATE: September 22, 1987
BACKGROUND
APPLICANT: Ronnie Marshall.
APPLICANT'S REPRESENTATIVE: Jane Ellen Hamilton.
LOCATION: 320 Lake Avenue, Lots 10,11 and north half of 12, Block
103 Hallams Addition (see attachment 1 vicinity map).
ZONING: R-6/H.
PARCEL SIZE: 13,603 sq. ft.
EXISTING DEVELOPMENT: Presently there is an individually histor-
ically designated two-story wood frame victorian located on the
subject parcel.
PARCEL DESCRIPTION: The subject parcel is located on Lake Avenue
overlooking Hallam Lake. The south side of the property is
landscaped, comprised of cottonwood and fir trees. The land is
predominately flat, except for the easterly portion of the parcel
which drops over a steep bank toward Hallam Lake.
APPLICANT'S REQUEST: The applicant is requesting a subdivision
exception a and a Growth Management Quota System exemption for
the purposes of creating two lots. It is proposed that Lot 1
will be 6,000 sq. ft. in size and Lot 2 will be 7,603 sq. ft. in
size (see Attachment 2).
REFERRAL COMMENTS:
1. Fire Marshall: No comment.
2. City Attorney: The City Attorney has not commented at
this time but may comment at the public meeting.
3. City Engineer: (see attachment 3).
1) Prior to recordation, the lot split plat shall be
updated to include the following:
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a. Indicate property monumentation on the lot
split line.
b. Indicate utility easements along all lot
lines pursuant to Municipal Code Section 20-
17 (b) (1) .
C. Indicate the zone district.
d. Clarify the basis of bearings. The plat
indicates that the monuments conform "reason-
ably" with the record.
2) Lot split approval should be conditioned on a
commitment to future improvement districts,
including the electrical service undergrounding,
pursuant to standard language from the City
Attorney.
3) Access to Parcel II should be conditioned on
adequate culverting of the irrigation ditch.
4. Parks Department: The Parks Department proposes that
existing trees on the site be recognized and that the
applicant attempt to build around the trees. Some
relocation of the trees may be necessary.
PLANNING OFFICE COMMENTS: It is the staff opinion that the
applicant's request should be considered under Section 20-19(b)
as an exception from the subdivision process. It is not within
the intent and purpose of the subdivision chapter to require the
applicant to be subject to the entire subdivision process because
the subject site is located in a generally built out area where
services are readily available. Lot split applications such as
this, which have planning implications, are typically reviewed by
P&Z, with final action by Council. Our calculations indicate
that there is clearly enough lot area for the proposed creation
of two lots.
After reviewing the proposed plat and visiting the subject
property, the staff believes that the P&Z should focus on the
proposed building envelope and potential size of the structures
on both proposed lots. These issues are of importance due to
the location of the parcel above Hallam Lake and the quality of
the victorian structure located on Lot 10 (see attachment 1).
The structure was designated as a landmark in 1981, and is,
therefore, subject to review by HPC for any additions to it, or
for demolition.
The applicant has recognized the sensitive nature of the site and
voluntarily proposes building envelopes as depicted on Attachment
2
2. Additionally, the applicant agrees to bring building propo-
sals for Parcel II before the Historic Preservation Committee for
a non -binding review. Furthermore, the applicant has met with
Tom Cardomone of the Aspen Center for Environmental studies and
has agreed to five of Tom's requests as noted below:
1) No dirt or debris will be dumped over the steep bank to
Hallam Lake.
2) No water from any hot tub on the property will drain
into the lake.
3) The placement and illumination of lights on the
property shall be such as to minimize impacts on Hallam
Lake.
4) No construction of decks or similar structures will be
permitted on the bluff.
5) Trees removed will be replaced on the rear lot line to
preserve habitat in area.
The existing structure on Parcel I is approximately 1,530 square
feet in size. Based upon existing floor area ratios (FAR) a
3,240 sq. ft. single-family house could be constructed on Parcel
I. This means there is the potential for an addition to the
house of 1,770 sq. ft. By comparison, given the proposed size of
Parcel II (7,603 sq. ft.), a single-family house totaling 3,688
sq. ft. in size could potentially be constructed on the lot.
The potential sizes of the single-family structures which could
be built on the lots are not unreasonable given the other size of
structures in the neighborhood. HPC review would be required for
any addition to the existing structure, and will be accomplished
on a voluntary basis for the new home, further ensuring compati-
bility.
As Attachment 2 indicates, the applicant is proposing a partial
building envelope on Parcel I and a complete envelope on Parcel
II. The building envelope on both parcels calls for only a 10
foot rear yard setback from the top of the bank overlooking
Hallam Lake. The existing house on Parcel I is presently set
back 40 feet from the top of the bank. We believe that the 40
foot setback is the ideal setback, but such a setback precludes
expansion potential on Parcel I.
Due to the existing foliage and topography, it would be possible
to build closer to the bank on Parcel I without creating adverse
visual impacts on Hallam Lake. However, it is the staff opinion
that a 10 foot setback from the bank is inadequate and it is
recommended that there be at least a 25 foot building envelope
setback from the bank. This setback should be matched on Parcel
3
00
II.
'there are three very large cottonwood trees located between the
two proposed lots (see attachment 2). The applicant is proposing
a 5 foot building setback from the north side yard on Parcel II.
The proposed setback will create the potential for the house on
Parcel II to be under the dripline of the cottonwood trees. The
Planning Office recommends that the north side of the building
envelope be relocated so that it is 5 feet from the dripline of
the trees. Such a relocation will protect the trees and addi-
tionally provide for additional open space between structures on
Parcels I and II, thereby reducing the perception of massing on
the two lots. Given the applicant's proposed building envelopes,
the house on Parcel II could be within 10 feet of the patio, 13
feet of the porch and 20 feet of the house.
The existing house on Parcel I is set back 21 feet from the front
property line. The applicant is not proposing a front -yard
building envelope on Parcel I, but is proposing a 10 foot front
yard setback for the building envelope on Parcel II which is
consistent with the Code. The Planning Office recommends that in
order to be consistent with the existing victorian on Parcel I,
both parcels have building envelopes which limit the front yard
setbacks to 21 feet.
Section 24-11.2(d) of the Municipal Code empowers the City
Council upon recommendation of the P&Z to grant a Growth Manage-
ment Quota exemption to create a lot for a single-family resi-
dence if the fathering parcel was created prior to the adoption
of subdivision regulations in March of 1969. Since the fathering
parcel was created long before 1969 and the resulting two parcels
meet the minimum lot size requirements of the R-6 zone district a
"lot split GMP Exemption" is permitted.
RECOMMENDATION: Based upon the staff review of the applicant's
approval of the applicants request for a subdivision exception
and GMQS exemption for the purposes of creating two lots, the
Planning Office recommends approval. However, it is recommended
that additional changes be made to the building envelopes on both
parcels to be sensitive to Hallam Lake, respect the existing
character of the house on Parcel I and to preserve existing
foliage. The following conditions are proposed:
1) Prior to scheduling of the public hearing before City
Council, the applicant will re -submit a plat depicting
revised building envelopes. The building envelopes
shall provide for a 25 foot rear yard setback on
parcels I and II from the top of the bank, a side yard
�T setback on Parcel II which precludes construction under
3d `fir the dripline of the large cottonwoods and a 21 foot
front yard setback on both parcels.
e-
F �rorvr- .aid 4
2) The applicant will agree to relocate all trees within
the proposed building envelope or build around them.
3) The applicant will revise the final plat as called for
in Jay Hammond's memorandum of September 8, 1987.
4) The applicant will commit to joining future improvement
districts including electrical service undergrounding.
5) Access to Parcel II will be conditioned upon adequate
culverting of the irrigation ditch.
6) The applicant agrees to appear before the Historical
Preservation Committee for a non -binding review of
architectural plans for a house on Parcel II.
7) The plat will include a note precluding construction of
decks or similar structures outside the building
envelope.
8) Dirt and debris will not be dumped over the bank to
Hallam Lake. No water from any hot tub on the property
will drain into the lake. Illumination on the property
will be accomplished to minimize impacts on the lake.
9) All representations made within the application will be
adhered to.
GH.MARSHALL
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5
MEMORANDUM
TO: Aspen City Council
THRU: Robert S. Anderson, Jr., City Manager
FROM: Glenn Horn, Planning Office
RE: Marshall Lot Split Subdivision Exception/GMQS Exemption
DATE: November 23, 1987
SUMMARY: Ronnie Marshall is requesting a Subdivision Exception/-
GMQS Exemption for a lot split to create two single-family
residential lots. The Planning Office and P&Z recommend condi-
tional approval.
BACKGROUND
APPLICANT: Ronnie Marshall.
APPLICANT'S REPRESENTATIVE: Jane Ellen Hamilton.
LOCATION: 320 Lake Avenue, Lots 10,11 and north half of 12, Block
103 Hallams Addition (see attachment 1 vicinity map).
ZONING: R-6/H.
PARCEL SIZE: 13,603 sq. ft.
EXISTING DEVELOPMENT: Presently there is an individually histor-
ically designated two-story wood frame victorian located on the
subject parcel.
PARCEL DESCRIPTION: The subject parcel is located on Lake Avenue
overlooking Hallam Lake. The south side of the property is
landscaped, comprised of cottonwood and fir trees. The land is
predominately flat, except for the easterly portion of the parcel
which drops over a steep bank toward Hallam Lake.
APPLICANT'S REQUEST: The applicant is requesting a subdivision
exception a and a Growth Management Quota System exemption for
the purposes of creating two lots. It is proposed that parcel 1
will be 7,075 sq. ft. in size and parcel 2 will be 6,530 sq. ft.
in size (see Attachment 2).
REFERRAL COMMENTS:
1. Fire Marshall: No comment.
0
2. City Attorney: The City Attorney has not commented at
this time but may comment at the public meeting.
3. City Engineer: (see attachment 3).
1) Prior to recordation, the lot split plat shall be
updated to include the following:
a. Indicate property monumentation on the lot
split line.
b. Indicate utility easements along all lot
lines pursuant to Municipal Code Section 20-
17 (b) (1) .
C. Indicate the zone district.
d. Clarify the basis of bearings. The plat
indicates that the monuments conform "reason-
ably" with the record.
2) Lot split approval should be conditioned on a
commitment to future improvement districts,
including the electrical service undergrounding,
pursuant to standard language from the City
Attorney.
3) Access to Parcel II should be conditioned on
adequate culverting of the irrigation ditch.
4. Parks Department: The Parks Department proposes that
existing trees on the site be recognized and that the
applicant attempt to build around the trees. Some
relocation of the trees may be necessary.
PLANNING OFFICE COMMENTS: It is the staff opinion that the
applicant's request should be considered under Section 20-19(b)
as an exception from the subdivision process. It is not within
the intent and purpose of the subdivision chapter to require the
applicant to be subject to the entire subdivision process because
the subject site is located in a generally built out area where
services are readily available. Lot split applications such as
this, which have planning implications, are typically reviewed by
P&Z, with final action by Council. Our calculations indicate
that there is clearly enough lot area for the proposed creation
of two lots.
After reviewing the proposed plat and visiting the subject
property, the staff believes that the City Council should focus
on the proposed building envelope and potential size of the
structures on both proposed lots. These issues are of import-
ance due to the location of the parcel above Hallam Lake and the
2
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0
quality of the victorian structure located on Lot 10 (see
attachment 1). The structure was designated as a landmark in
1981, and is, therefore, subject to review by HPC for any
additions to it, or for demolition.
The applicant has recognized the sensitive nature of the site and
voluntarily proposes building envelopes as depicted on Attachment
2. Additionally, the applicant agrees to bring building propo-
sals for Parcel II before the Historic Preservation Commit-
tee for a non -binding review. Furthermore, the applicant has met
with Tom Cardomone of the Aspen Center for Environmental studies
and has agreed to five of Tom's requests as noted below:
1) No dirt or debris will be dumped over the steep bank to
Hallam Lake.
2) No water from any hot tub on the property will drain
into the lake.
3) The placement and illumination of lights on the
property shall be such as to minimize impacts on Hallam
Lake.
4) No construction of decks or similar structures will be
permitted on the bluff.
5) Trees removed will be replaced on the rear lot line to
preserve habitat in area.
The existing structure on Parcel I is approximately 1,530 square
feet in size. Based upon existing floor area ratios (FAR) a
3,541 sq. ft. single-family house could be constructed on Parcel
I. This means there is the potential for an addition to the
house of 2,011 sq. ft. By comparison, given the proposed size of
Parcel II (6,550 sq. ft.), a single-family house totaling 3,091
sq. ft. in size could potentially be constructed on the lot.
The potential sizes of the single-family structures which could
be built on the lots are not unreasonable given the other size of
structures in the neighborhood. HPC review would be required for
any addition to the existing structure, and will be accomplished
on a voluntary basis for the new home, further ensuring compati-
bility.
Based upon comments made by the staff and P&Z, the applicant has
significantly revised the lot split plat. Building envelopes
were changed in accordance with P&Z recommendations.
As Attachment 2 indicates, the applicant is proposing a partial
building envelope on Parcel I and a complete envelope on Parcel
II. The building envelope on parcel II calls for only a 30 foot
rear yard building setback from the top of the bank overlooking
3
Hallam Lake with a 20
setback is proposed on
is presently set back
foot front yard setback
also proposed.
foot deck setback. A 20 foot rear deck
parcel I. The existing house on Parcel I
40 feet from the top of the bank. A 15
and a 12 foot south side yard setback is
Section 24-11.2(d) of the Municipal Code empowers the City
Council upon recommendation of the P&Z to grant a Growth Manage-
ment Quota exemption to create a lot for a single-family resi-
dence if the fathering parcel was created prior to the adoption
of subdivision regulations in March of 1969. Since the fathering
parcel was created long before 1969 and the resulting two parcels
meet the minimum lot size requirements of the R-6 zone district a
"lot split GMP Exemption" is permitted.
RECOMMENDATION: Based upon the staff review of the applicant's
approval of the applicants request for a subdivision exception
and GMQS exemption for the purposes of creating two lots, the
Planning Office and P&Z recommend approval subject to the
following conditions.
1) The applicant will agree to relocate all trees within
the proposed building envelope or build around them.
2) The applicant will revise the final plat as called for
in Jay Hammond's memorandum of September 8, 1987 tc the
satisfaction of the City Engineer.
3) The applicant will commit to joining future improvement
districts including electrical service undergrounding.
4) Access to Parcels I & II will be conditioned upon
adequate culverting of the irrigation ditch.
C5) The applicant agrees to appear before the Historical
Preservation Committee for a non -binding review of
architectural plans for a house on Parcel II.
I
6) The plat will include a note precluding construction of
decks or similar structures outside the building
envelope.
7) Dirt and debris will not be dumped over the bank to
Hallam Lake. No water from any hot tub on the property
will drain into the lake. Illumination on the property
will be accomplished to minimize impacts on the lake.
8) All representations made within the application will be
adhered to.
GH.MARSHALL
4
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VICINITY MAP
FROM THE ANNEXATIONS MAP I "= 400
At T C.f- 1 N Yr F r1-r a..._
L5
NOTE ACCORDING TO COLOR
UPON ANY DEFECT IN THIS S
DEFECT. IN NO EVENT, MAY
COMMENCED MORE THAN TEi
HEREON.
`t 'A n T 3 � •
MEMORANDUM
TO: Glen Horn, Planning Office
FROM: Jay Hammond, City Engineering
DATE: September 8, 1987
RE: Marshall Lot Split and GMP Exemption
-------------------------------------------------------------
-------------------------------------------------------------
Having reviewed the above application for a lot split and GMP
exemption, and having made a site inspection, the City
Engineering office would offer the following comments:
1. Prior to recordation, the lot split plat shall be updated to
include the following:
a. Indicate property monumentation on the lot split line.
b. Indicate utility easements along all lot lines pursuant
to Municipal Code Section 20-17 (b) (1) .
C. Indicate the zone district.
d. Clarify the basis of bearings. The plat indicates that
the monuments conform "reasonably" with the record.
2. Lot split approval should be conditioned on a commitment to
future improvement districts, including the electrical service
undergrounding, pursuant to standard language from the City
Attorney.
3. Access to parcel II should be conditioned on adequate
culverting of the irrigation ditch.
JH/co/MarshallLotSplit
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MEMORANDUM
TO: Aspen City Council
THRU: Robert S. Anderson, Jr., City Manager
FROM: Glenn Horn, Planning Office
RE: Marshall Lot Split Subdivision Exception/GMQS Exemption
DATE: November 23, 1987
SUMMARY: Ronnie Marshall is requesting a Subdivision Exception/-
GMQS Exemption for a lot split to create two single-family
residential lots. The Planning Office and P&Z recommend condi-
tional approval.
BACKGROUND
APPLICANT: Ronnie Marshall.
APPLICANT'S REPRESENTATIVE: Jane Ellen Hamilton.
=� LOCATION: 320 Lake Avenue, Lots 10,11 and north half of 12, Block
103 Hallams Addition (see attachmen 1 vicinity map).
ZONING: R--6/H.
—�> PARCEL SIZE: 13, 603 sq`-ft;
r
EXISTING DEVELOPMENT: Presently there is an individually histor-
ically designated two-story wood frame victorian located on the
subject parcel.
PARCEL DESCRIPTION: The subject parcel is located on Lake Avenue
overlooking Hallam Lake. The south side of the property is
landscaped, comprised of cottonwood and fir trees. The land is
predominately flat, except for the easterly portion of the parcel
which drops over a steep bank toward Hallam Lake.
APPLICANT'S REQUEST: The applicant is requesting a subdivision
exception a and a Growth Management Quota System exemption for
the purposes of creating two lots. It is proposed that parcel 1
will be 7,075 sq. ft. in size and parcel 2 will be 6,530 sq. ft.
in size (see Attachment 2).
REFERRAL COMMENTS:
1. Fire Marshall: No comment.
�-i P �( � � 5 u p,� � M, pA � T _ a. `�`•� P r-"�o_ t-r � Q �
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•
2. City Attorney: The City Attorney has not commented at
this time but may comment at the public meeting.
3. City Engineer: (see attachment 3).
1) Prior to recordation, the lot split plat shall be
updated to include the following:
a. Indicate property monumentation on the lot
split line.
b. Indicate utility easements along all lot
lines pursuant to Municipal Code Section 20-
17 (b) (1) .
C. Indicate the zone district.
d. Clarify the basis of bearings. The plat
indicates that the monuments conform "reason-
ably" with the record.
2) Lot split approval should be conditioned on a
commitment to future improvement districts,
including the electrical service undergrounding,
pursuant to standard language from the City
Attorney.
3) Access to Parcel II should be conditioned on
adequate culverting of the irrigation ditch.
4. Parks Department: The Parks Department proposes that
existing trees on the site be recognized and that the
applicant attempt to build around the trees. Some
relocation of the trees may be necessary.
PLANNING OFFICE COMMENTS: It is the staff opinion that the
applicant's request should be considered under Section 20-19(b)
as an exception from the subdivision process. It is not within
the intent and purpose of the subdivision chapter to require the
applicant to be subject to the entire subdivision process because
the subject site is located in a generally built out area where
services are readily available. Lot split applications such as
this, which have planning implications, are typically reviewed by
P&Z, with final action by Council. Our calculations indicate
that there is clearly enough lot area for the proposed creation
of two lots.
After reviewing the proposed plat and visiting the subject
property, the staff believes that the City Council should focus
on the proposed building envelope and potential size of the
structures on both proposed lots. These issues are of import-
ance due to the location of the parcel above Hallam Lake and the
2
•
•
quality of the victorian structure located on Lot 10 (see
attachment 1). The structure was designated as a landmark in
1981, and is, therefore, subject to review by HPC for any
additions to it, or for demolition.
The applicant has recognized the sensitive nature of the site and
voluntarily proposes building envelopes as depicted on Attachment
2. Additionally, the applicant agrees to bring building propo-
sals for Parcel II before the Historic Preservation Commit-
tee for a non -binding review. Furthermore, the applicant has met
with Tom Cardomone of the Aspen Center for Environmental studies
and has agreed to five of Tom's requests as noted below:
1) No dirt or debris will be dumped over the steep bank to
Hallam Lake.
2) No water from any hot tub on the property will drain
into the lake.
3) The placement and illumination of lights on the
property shall be such as to minimize impacts on Hallam
Lake.
4) No construction of decks or similar structures will be
permitted on the bluff.
5) Trees removed will be replaced on the rear lot line to
preserve habitat in area.
The_existing structure on Parcel I is approximately Al,530 quare
fett In size. Based upon existing floor area ratios (FAR) a
•,(3,541 sq. ft. single-family house could be constructed on Parcel
This -means there is the potential for an addition to the
t house pf 2,011 sq. ft. By comparison, given the proposed size of,
Parcel II (6,550 sq. ft.), a single-family house totaling 0_i�
sq. ft. in size could potentially be constructed on the lot. --
The potential sizes of the single-family structures which could
be built on the lots are not unreasonable given the other size of
structures in the neighborhood. HPC review would be required for
any addition to the existing structure, and will be accomplished
on a voluntary basis for the new home, further ensuring compati-
bility.
Based upon comments made by the staff and P&Z, the applicant has
significantly revised the lot split plat. Building envelopes
were changed in accordance with P&Z recommendations.
As Attachment 2 indicates, the applicant is proposing a partial
building envelope on Parcel I and a complete envelope on Parcel
II: The building envelope on parcel II calls for only a 30 foot
rear yard building setback from the top of the bank over-
looking
9
0
i
Hallam Lake with a 20 foot deck setback. A 20 foot rear deck
setback is proposed on parcel I. The existing house on Parcel I
is presently set back 40 feet from the top of the bank. / A 15
foot front yard setback and/a 12 foot south side yard setback is
also proposed.
Section 24-11.2(d) of the Municipal Code empowers the City
Council upon recommendation of the P&Z to grant a Growth Manage-
ment Quota exemption to create a lot for a single-family resi-
dence if the fathering parcel was created prior to the adoption
of subdivision regulations in March of 1969. Since the fathering
parcel was created long before 1969 and the resulting two parcels
meet the minimum lot size requirements of the R-6 zone district a
"lot split GMP Exemption" is permitted.
RECOMMENDATION: Based upon the staff review of the applicant's
approval of the applicants request for a subdivision exception
and GMQS exemption for the purposes of creating two lots, the
Planning Office and P&Z recommend approval subject to the
following conditions.
1) The applicant will agree to relocate all trees within
the proposed building envelope or build around them.
2) The applicant will revise the final plat as called for
in Jay Hammond's memorandum of September 8, 1987 to the
satisfaction of the City Engineer.
3) The applicant will commit to joining future improvement
districts including electrical service undergrounding.
4) Access to Parcels I & II will be conditioned upon
adequate culverting of the irrigation ditch.
5) The applicant agrees to appear before the Historical
Preservation Committee for a non -binding review of
architectural plans for a house on Parcel II.
6) The plat will include a note precluding construction of
decks or similar structures outside the building
envelope.
7) Dirt and debris will not be dumped over the bank to
Hallam Lake. No water from any hot tub on the property
will drain into the lake. Illumination on the property
will be accomplished to minimize impacts on the lake.
8) All representations made within the application will be
adhered to.
GH . MARSHALL
T p _a
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VICINITY MAP
FROM THE ANNEXATIONS MAP I 400'
NOTE, ACCORDING TO COLORA
UPON ANY DEFECT IN THIS SL
DEFECT. IN NO EVENT, MAY
COMMENCED MORE THAN TEN
HEREON.
go �T 3 so
MEMORANDUM
TO: Glen Horn, Planning Office
FROM: Jay Hammond, City Engineering
DATE: September 8, 1987
RE: Marshall Lot Split and GMP Exemption
-------------------------------------------------------------
-------------------------------------------------------------
Having reviewed the above application for a lot split and GMP
exemption, and having made a site inspection, the City
Engineering office would offer the following comments:
1. Prior to recordation, the lot split plat shall be updated to
include the following:
a. Indicate property monumentation on the lot split line.
b. Indicate utility easements along all lot lines pursuant
to Municipal Code Section 20-17(b)(1).
C. Indicate the zone district.
d. Clarify the basis of bearings. The plat indicates that
the monuments conform "reasonably" with the record.
2. Lot split approval should be conditioned on a commitment to
future improvement districts, including the electrical service
undergrounding, pursuant to standard language from the City
Attorney.
3. Access to parcel II should be conditioned on adequate
culverting of the irrigation ditch.
JH/co/MarshallLotSplit
cc: Chuck Roth
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PUBLIC NOTICE
RE: MARSHALL LOT SPLIT GMP EXEMPTION
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Monday, A'pVEftgK23, 1987, at a meeting to begin at 5: 00 P.M.
before the Aspen City Council, 1st Floor City Council Chambers,
130 S. Galena Street, Aspen, Colorado, to consider an application
submitted by Ronnie Marshall, requesting GMP Exemption to divide
her property into two parcels. The property is 0.312 acres and
is located on Lake Avenue in the R-6 zone district.
For further information, contact the Aspen/Pitkin Planning
Office, 130 S. Galena Street, Aspen, Colorado 81611 (303) 925-
2020, ext. 298.
s/William L. Stirling
Mayor, Aspen City Council
----------------------------------------------------------------
-----------------------------------------------------------------
Published in the Aspen Times on October 8, 1987.
City of Aspen Account.
pen/Pitkin Planning Office
30 S. Galena
.spen, CO 81611
TO :31=:Nl:il:::Ft:
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RONALD GARFIELD*
ANDREW V. HECHT**
WILLIAM K. GUEST, P.C.***
ROBERT E. KENDIG
JANE ELLEN HAMILTON
*also admitted to
New York Bar
--also admitted to
District of Columbia Bar
***also admitted to
Nebraska and Texas Bar
HAND DELIVERED
(GARFIELD & H ECHT, P.C.
ATTORNEYS AT LAW
VICTORIAN SQUARE BUILDING
601 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
November 17, 1987
Mr. Glenn Horn
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, CO 81611
RE: Marshall Lot Split
Dear Glenn:
TELEPHONE
(303) 925-1936
TELECOPIER
(303) 925-3008
CABLE ADDRESS
"GARHEC"
Enclosed is the revised plat for the above referenced lot
split indicating the new boundary lines as we discussed. The
set -backs reflect those set -backs requested by the City Planning
and Zoning Commission pursuant to their approval of the lot
split.
Should you have any questions regarding this matter, please
do not hesitate to contact us.
Sincerely,
GARFIELD & HECHT, P.C.
J e Ellen Hamilton
JEH/cc
Enclosure
MEMORANDUM
TO: Glenn Horn. Planning Office
FROM: Bill Ness, Parks Superintendent
DATE: August 25, 1987
RE: Marshall Lot Split
After reviewing an application submitted by Jane Ellen Hamilton on behalf of
her client, Ronnie Marshall, requesting to divide her property into two
parcels.
Although I haven't received any requests for tree removal permits, I would
like to suggest that the architect try to work around the twelve trees
intended to be removed.
BN:mjm
Via,: t :ti j Contract
STEWART TITLE
OF ASPEN, INC.
602 E. HYMAN • ASPEN, COLORADO 81611 • (303) 925-3577
June '1 2 , 1987
Jane Elten Hamil Lon
Garfield and Hecht:
601 E. Hyman
Aspen, Co 8'I 611
Re: Ronnie Marshall/Adjacent Owners
Dear Jane,
Listed below are owners of land adjacent to, or across the
street; from Lots '10, 11 and the North one-half of Lot 12, Block
103, Hallam:. Addition to the C'ity and Townsite of Aspen.
Block 1.02, Hallam Addition:
Pt. Lot 12
Arthur B. and Amelia Trentaz
Box 425 or 315 Take Avenue
Aspen, Co. Aspen, Co
81612 81611
Lot 9
and Pt.. of
LoL 1.2 Sheldon B. and Marianne S . Lubar
8160 North Green Bay Road
Milwaukee, Wi 53209
Block
103 Ha.l.lam
Addi t.ior):
Lot 9
,Tames P. Hune
1120 North Lake Shore Dr.
Chicaqo, 11.1. 60611
South
1 / 2 Lot 1 2 ,
T-ots *1 3-1 5 ( Wogan Lot Split)
John B. & Jacaueline T. Wogan
P.O. Box 158
Aspen, Co 81612
Block.
40 Aspen
Fast
1 / 2 of Lot. 1),
Lots 0 and 7
Victor A. and Anstis B. Lundy
301 Lake Avenue
Aspen, Co 81611
. T •
STENVART TITLE
OF ASPEN, INC.
602 E. HYMAN • ASPEN, COLORADO 81611 • (303) 925-3577
November 2, 1987
Ms. Jane Ellen Hamilton
Garfield & Hecht
601 E. Hyman
Aspen, Co 81611
Re: Ronnie Marshall/Owners within 300 feet
Dear Jane,
Listed below are additional owners of land near the property
owned by Ronnie Marshall, that. being Lots 10, 11 and the North
one-half of Lot 12, Block 103, Hallams Addition to the City and
Townsite of Aspen. This list, together with the list of owners
included in my letter to you dated June 12, 1987, should comprise
all owners of property within 300 feet of Ronnie Marshall's
property.
Block 102 Hallams Addition:
Lots 4, 5 and Fart of Lot 6
Part of Lot 6, Lots 7 and 8
Part of Lots 11 and 12
Block 103 Hallams Addition:
Lots 5, 6, 7, 8 and 9
Lot 17
Lot 18 (212 Lake Ave. Condos)
Unit. A:
James K. and Gay Daggs
720 East Hyman Av
Aspen, Co 81611
Elizabeth Ann Altemus
620 North Third St
Aspen, Co 81611
Arthur B. and Amelia Trentaz
315 Lake Ave
Aspen, Co 81611
James P. Hume
1120 N. Lake Shore Drive
Chicago, IL 60611
Patricia Moore Inc.
610 E. Hyman Av
Aspen, Co 81611
Jack: A. Newman
13500 Oxnard
Van Nuys, CA 90401
Henry J. Pedersen
F.O. Box 144
Aspen, Co 81611
Lot 19 Tercero Corp.
Attn: Joe Roberts
4400 One Williams Center
Tulsa, Oklahoma 74172
Block 40 Hallams Addition
Lots 1 and 2
Lots 3, 4 and Part of Lot 5
Part of Lot 5, Lots 6 and 7
Lots 8 and 9
Lots 10, 11 and 12
Lots 13, 14, 15 and 16
R.W. Rings by Enterprises
P.O. Box 7240
Denver, Cc 80207
Martin M. and Beate S. Block
311 West North Street
Aspen, Cc 81611
Victor A. and Anstis B. Lundy
301 Lake Ave.
Aspen, Cc 81611
Ralph W. Ball
215 St. Paul St. #103
Denver, Cc 80206
Charles C. and June S. Gates
999 S. Broadway
Denver, Cc 80202
Catherine M. Conover
Suite 300
1718 Connecticut Avenue NW
Washington, D.C. 20009
Although our search was thorough and we believe the statement
herein to be true, this is neither a guaranty or opinion of title,
and it is understood and agreed that Stewart Title of Aspen, Inc.
neither assumes nor will be charged with any financial obligation
or liability on any statement contained herein.
Sincerely,
Peter 1. Delany
Title Department
�IDI .4•11.Z01y
TO: City Attorney
City Engineer
Aspen Water Department
City Electric
Parks Department
Fire Marshall
FROM: Glenn Horn, Planning Office
RE: Marshall Lot Split Gmp Exemption
DATE: August 14, 1987
Attached for your review and comments is an application submitted
by Jane Ellen Hamilton on behalf of her client, Ronnie Marshall,
requesting GMP Exemption to divide her property into two parcels.
The property is 0.312 acres and is located on Lake Avenue in the
R-6 zone district.
Please review this material and send your comments to this office
not later than September 2, 1987 in order for us to have adequate
time to prepare for its presentation before P&Z.
Thank you.
i r
RONNIE MARSHALL
C/O MILL STREET KIDS, INC.
205 SOUTH MILL STREET
ASPEN, COLORADO 81611
July 20, 1987
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, CO 81611
RE: Marshall Lot Split
Ladies and Gentlemen:
As fee simple owner of Lots 10, 11 and the North 1/2 of Lot
12, Block 103 of the Hallam's Addition, City of Aspen, County of
Pitkin, State of Colorado, I hereby consent to the filing of an
application for a lot split of my property, including
applications for subdivision exemption, s ision exception and
growth management quota systerp exemptio ---
Ronnie Marshall
0 0
PITKIN COUNTY BANK & TRUST COMPANY
P.O. BOX 3677
ASPEN, COLORADO 61612
July 20, 1987
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, CO 81611
RE: Marshall Lot Split
Dear Sir or Madam:
The undersigned bank, holder of that certain Deed of Trust
dated May 9, 1986 executed by Ronnie Marshall to secure an
indebtedness of $70,000.00 in favor of Pitkin County Bank & Trust
Company, does hereby consent to the application by Ronnie
Marshall for a lot split of her property, consisting of Lots 10
and 11 and the North 1/2 of Lot 12, Block 103 of the Hallam's
Addition, City of Aspen.
Sincerely,
F
C
F
SCHEDULE A
Order Number: 1 ,1.1
1. Effective date:
,', L,t_:mt -It •r .ils.
2. Policy or Policies to be issued:
A. ALTA Owner's Policy
Proposed Insured:
B. ALTA Loan Policy
Proposed Insured:
AsE;r'n Sa V in9:- ;Md L,..ari A.4socjFtt it?It
C. i od : ,_-, r 7v7. n i. gn s
Commitment Number:
Amount of Insurance p t- e m i t i El
S
Tax Cert.
$ 1?111250. 00 '67( . 50
Fur -in 1.00 20.0rr
Form 100.30 $ 54.50
s
3. The estate or interest in the land described or referred to in this commitment and Covered herein is fee simple and title thereto is at the effective date hereof
vested in:
f;i..rinie Marsh -All
4. The land referred to in this commitment is described as follows:
PARCEL I : Lot. 10, ck 1071, HAL M' S ADDITION TO hSPE:N .
1'AN'(7EL I I : Lot 1.1 , :� -k 103, HALLAM' S AI)DT'1'I0N TO ASP£3V and
-t t t"', . Lit Iartci being h � Northwest.crII, 1" of LCq 12, Tjloc-k
10 ;, HALL , ' S ADDITION ASPEN, COLOFADO, said tract be•itira
w,.-ire fully described as fellow:5—, Beginning ant. t.he most
Westerly co ner of said Lot. 12, thence around a curve to t'lie
left with a a ius of 483.05 feet, a distance of. 25 feet. (t:Yie
r.hord of whic curve Dears S2.3011'30" E. 25 feet); thence
N65019'30" E. 125 feet; thence around a curve to the right with
a radius of 385.05 feet, a distance of 18.53 feet (the chord of
.which bears N23e11' 30" W. 18.53 feet) ; thence S68°17' 30" W. 125
feet to the point of beginning, as hereinbefore described.
County of Pitki.n, State of Colorado
• fly �' / ��
Aumaized 0ounlers,gnature Page 2
1652 (25M 3/66)
STEWART TITLE
GUARANTY COMPANY
Order Number.
14473
SCHEDULE B - Section 1
Requirements
Commitment Number.
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:
1. Deeds or Evidence of proper legal proceedings approved by an
attornev for Stewart Title Guare►nty Company disposing of the
intere-9t of Benjamin Ferris and E. W. Younq.
NOTE: Beniamir► Ferris acquired an interest by Arapaho County
District Court Order appointing bins as assignee of the estate
of El. ti. Van Hoveribergh recorded June 19, 1895 in Book 131 at
'age 521. E. H. Young acquired are interest by document wherein
he became the purchaser of said real, estate recorded June 19,
1895 in Book 131 at Page 524. Tiie record does not disclose a
dispozition of their interest. This requirement affects Parcel
1.
2. Reie.aae of Deed of Trust dated May 9, 1986, executed by Ronnie
MarEhall, to the Public Trustee of Pitkin Co ty, to secure an
indebtedness of $70,000.00, in favor of Pit County Bank &
Trust Company, recorded May 14, 1986 in k 0 at Page 840 as
Reception No. 277964.
3. Deed of Trust from the Borrower to he Public tee for the
'45e of the proposed lender to se he loan.
1653 (25M 6'64) Page 3 GUARANTY COMPANY
SCHEDULE 8 — Section 2
Exceptions
Order Number: 14 a '
Commitment Number:
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct
survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material 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. Any and all unpaid taxes and a►t5aestxteerita and any unredeemed
tar. salea.
ThE effect of inclusions in any gen ral or s if is water
con!;ervancy, fire protectie,rt, sail conrervati or other
di6trict or inclaision in any grater service or 8 reet
i mipt--vemertt area.
8, Right of I;he propriel.ot* of a vain o ode to extract and remove
his ore therefrom, aivvuld the same found to penetrate or
intersect the premises ebp granted as reserved In United
States Patent recorded 5, 1880 in Book 55 at Page 02 as
fcectzpt ion Nc.*-. 24412.
9. Right of the rietor of vein or lode to extract and remove
his ore there om. should the same be found to penetrate m
Intersect the emisee hereby granted, as reserved In United
States Patent re o died in Book 55 at Page 32 as Reception No.
49767.
K0TEi Exception No. 4 above will be deleted from the Mortgage
Policy when issued, and sech nic's lien protection is hereby
granted the Mortgage from the date of recording of the Deed of
Trust being insured, providing the said Deed of Trust is
recorded by Stewart Title Guaranty Company and provided the
en losed Affidavit is properly executed and returned to Stewart
Title Guaranty Company. Items 5 and 7 will be deleted in the
Hortggge-Title Policy to be issued. Upon receipt of Improvement
Survey Flat approved by Stewart Title Guaranty Company, Items
Nc 1, 2 and 3 will be deleted f r oat the Mortgage Policy and
proper insuring clauses will be added.
Exceptions numbered
1654 (15M 3/86)
are hereby omitted.
Page 4
.AGENTS FILE COPY
STEWART TITLE
GUARANTY COMPANY
•
Land behind property by Hallam Take (NE1/2. Sec 12-10-85)
Walter P. Paepcke Life Tnsurance Trust
105 Adams
Chicago, Ill. 60603
and
The Aspen Center for Enviormental Studies
P.O. Box 8777
Aspen, Co 81632
Although our search was thorough and we believe the statement
herein to be true, this is neither a guaranty or opinion of title,
and it :is understood and agreed that Stewart Title of Aspen, Inc.
neither assumes nor will be charged with any financial obligation
or Nab:i l it.y on any statement contained herein.
Sincerely,
Peter P. f)elany �
Title Department.
i
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•
•
GARFIELD & HECHT, P.C.
RONALD GARFIELD*
TELEPHONE
ANDREW V. HECHT** ATTORNEYS AT LAW
(303) 925-1936
WILLIAM K. GUEST, P.C.*** VICTORIAN SQUARE BUILDING
TELECOPIER
ROBERT E. KENDIG
(303) 925-3008
601 EAST HYMAN AVENUE
CABLE ADDRESS
1ANE ELLEN HAMILTON ASPEN, COLORADO 81611
"GARHEC"
*also admitted to
New York Bar
"also admitted to
District of Columbia Bar
—also admitted to
Nebraska and Texas Bar August ^/ 7 ,
1987
HAND DELIVERY
-9
R U W�'
Steve Burstein, Planner
AW !j
71987
Aspen/Pitkin County Planning Office
l j
130 South Galena Street
Aspen, CO 81611
i
RE: Marshall Lot Split
Dear Steve:
Enclosed is the revised Plat for the Marshall lot split
indicating building envelopes on both parcels of land. As we
understand it, upon your receipt of this revised Plat the
Marshall Lot Split Application will be complete. Should you have
any questions regarding this matter, please do not hesitate to
contact us.
Sincerely,
GARFIELD St HECHT, P.C.
jat&1len Hamilton
JEH/mms
enc
A*N/PITRIN PLANNING OFFICE •
130 S. Galena Street
Aspen, CO 81611
(303) 925-2020
Date: E12� AP7
RE:
Dea r
This is to inform you that the Planning Office has completed its
preliminary review of the 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-
tion
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 $
A. Yodr appl ication i m lete and we have sch duled it for
review by the on We will
call you if we need any dditional information prior to that
date. Several days prior to your hearing, we will call and
make available a copy of the memorandum_. Please note that it
IS NOT your responsibility to post your property with a
sign, which 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
the planner assigned to your case.
Sincerely,
ASPEN/PITRIN PLANNING OFFICE
•
MEMORANDUM
TO: City Attorney
City Engineer
Aspen Water Department
City Electric
Parks Department
Fire Marshall
FROM: Glenn Horn, Planning Office
RE: Marshall Lot Split Gmp Exemption
DATE: August 14, 1987
Attached for your review and comments is an application submitted
by Jane Ellen Hamilton on behalf of her client, Ronnie Marshall,
requesting GMP Exemption to divide her property into two parcels.
The property is 0.312 acres and is located on Lake Avenue in the
R-6 zone district.
Please review this material and send your comments to this office
not later than September 2, 1987 in order for us to have adequate
time to prepare for its presentation before P&Z.
Thank you.
August 3, 1987
Jane Ellen Hamilton
601 E. Hyman
Aspen, CO 81611
Re: Marshall Lot Split
Dear Jane Ellen:
Please be advised that the Planning Office has received and
looked over the application on Marshall Lot Split and at this
time finds the application to be incomplete. We need a plat
which addresses building envelopes which are to be proposed in
the project. Upon receiving this information, we will then
process this application and schedule a date on P&Z agenda.
If you have any questions, please do not hesitate to call.
Thank you for your attention to this matter.
Sincerely,
Nancy Caeti
Administrative Assistant
NEC/slf
RONALD GARFIELD*
ANDREW V. HECHT**
WILLIAM K. GUEST, P.C.***
ROBERT E. KENDIG
JANE ELLEN HAMILTON
*also admitted to
New York Bar
**also admitted to
District of Columbia Bar
***also admitted to
Nebraska and Texas Bar
GARFIELD & HECHT, P.C.
ATTORNEYS AT LAW
VICTORIAN SQUARE BUILDING
601 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
November 5, 1987
Mr. Glenn Horn
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, CO 81611
RE: Marshall Lot Split
Dear Glenn:
TELEPHONE
(303) 925-1936
TELECOPIER
(303) 925-3008
CABLE ADDRESS
"GARHEC"
U 111
I I t ITV ' 51987 i
Enclosed is the updated list of property owners within 300
feet of Ronnie Marshall's property. This list supplements the
list that we included in our application for the lot split. We
understand that consideration of the lot split has been scheduled
for the November 23, 1987 City Council Meeting. Please contact
us if there is a change in the schedule. In the meantime, we
will forward to you a copy of the revised survey indicating the
square footage of the lots proposed to be created.
Should you have any questions regarding this matter, please
do not hesitate to contact us.
Sincerely,
GARFIELD & HECHT, P.C.
Ja Ellen Hamilton
JEH/cc
Enclosure
r
J
CERTIFICATE OF MAILING
T hnrnhv rrnri-i tv i-hat nn i-hi cz riav of
1981- a true and correct copy of the attached Notice of Public
Hearing was deposited in the United States mail, first-class
postage prepaid, to the adjacent property owners ag indicated on
the attached list of adjacent property owners which was supplied
to the Planning Office by the applicant in regard to the case
named on the public notice.
C� )
Nan Caet'
i
PUBLIC NOTICE
RE: MARSHALL LOT SPLIT GMP EXEMPTION
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Monday, A(0Vhqt36R23 , 1987, at a meeting to begin at 5:00 P.M.
before the Aspen City Council, 1st Floor City Council Chambers,
130 S. Galena Street, Aspen, Colorado, to consider an application
submitted by Ronnie Marshall, requesting GMP Exemption to divide
her property into two parcels. The property is 0.312 acres and
is located on Lake Avenue in the R-6 zone district.
For further information, contact the Aspen/Pitkin Planning
Office, 130 S. Galena Street, Aspen, Colorado 81611 (303) 925-
2020, ext. 298.
s/William L. Stirling
Mayor, Aspen City Council
Published in the Aspen Times on October 8, 1987.
City of Aspen Account.
GARFIELD & HEC][ T, P.C.
RONALD GARFIELD*
ANDREW V. HECHT**
ATTORNEYS AT LAW
WILLIAM K. GUEST, P.C.***
VICTORIAN SQUARE BUILDING
ROBERT E. KENDIG
601 EAST HYMAN AVENUE
JANE ELLEN HAMILTON
ASPEN, COLORADO 81611
*also admitted to
New York Bar
**also admined to
District of Columbia Bar
***also admitted to
Nebraska and Texas Bar
July 23, 1987
Steve Burstein, Planner
Aspen/Pitkin County Planning Office
130 South Galena Street
Aspen, CO 81611
RE: Marshall Lot Split
Dear Steve:
TELEPHONE
(303) 925-1936
TELECOPIER
(303) 925-3008
CABLE ADDRESS
"GARHEC"
11
t i 1
i I
JUL 2 31987
'J
Enclosed are the following documents which we submit on
behalf of Ronnie Marshall in her land use application for
subdivision exemption or exception and growth management
exemption for lot split of her property:
1. Land Use Application;
2. Legal description of the property;
3. Description of land use proposal;
4. Authorization of Ronnie Marshall as fee owner of the
Application;
5. Consent of the sole lienholder on the property, Pitkin
County Bank & Trust Company, to the application;
6. Copy of the title commitment insurance on the subject
property;
7. A property owner's list of land owners adjacent to the
proposed lot split;
8. A copy of the proposed subdivision plat; and,
9. A check made out to the City of Aspen in the amount of
$1,570.00 as a filing fee for the lot split.
GARFIELD & HECHT, P.C.
Steve Burstein, Planner
July 23, 1987
Page -2-
Please do not hesitate to contact us if we may answer any
questions regarding this submission.
Sincerely,
GARFIELD & HECHT, P.C.
Ja )eEllen Hamilton
JEH/mms
enc
0
L]
PUBLIC NOTICE
RE: MARSHALL LOT SPLIT GMP EXEMPTION
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Monday, October 26, 1987, at a meeting to begin at 5:00 P.M.
before the Aspen City Council, 1st Floor City Council Chambers,
130 S. Galena Street, Aspen, Colorado, to consider an application
submitted by Ronnie Marshall, requesting GMP Exemption to divide
her property into two parcels. The property is 0.312 acres and
is located on Lake Avenue in the R-6 zone district.
For further information, contact the Aspen/Pitkin Planning
Office, 130 S. Galena Street, Aspen, Colorado 81611 (303) 925-
2020, ext. 298.
s/William L. Stirling
Mayor, Aspen City Council
Published in the Aspen Times on October 8, 1987.
City of Aspen Account.
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
(303) 925-2020
LAND USE APPLICATION FEES (� o
City
00113 - 63721 - 47331 GMP/CONCEPTUAL
- 63722
- 47332
GMP/PRELIMINARY
- 63723
- 47333
GMP/FINAL
- 63724
- 47341
SUB/CONCEPTUAL
- 63725
- 47342
SUB/PRELIMINARY
- 63726
- 47343
SUB/FINAL
- 63727
- 47350
ALL 2-STEP APPLICATIONS
��`/ 0 - aQ
- 63728
- 47360
ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
REFERRAL
FEES:
00125
- 63730
-47380
ENVIRONMENTAL HEALTH
00123
- 63730
- 47380
HOUSING
00115
- 63730
- 47380
ENGINEERING
�r
V d
SUB -TOTAL
O - od
County
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
SUB -TOTAL
PLANNING
OFFICE SALES
00113
- 63061
- 09000
COUNTY CODE
- 63062
- 09000
COMP. PLAN
- 63066
- 09000
COPY FEES
- 63069
- 09000
OTHER
SUB -TOTAL
TOTAL
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Name:
�C.
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Phone:
Address:
30P0 L4
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P Project: Qrs
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550 b f
Check #
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Date: a
Additional
Billing:
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LEGEND
�� P2.oPEt�T t L-I �.1 �
O Lot"
• r- of 1.J t7 tZ�t�AR_ v� PLq sr l c. Z4P L 5. 4 5 5� anJti l
81J I L_ o I IJ Ld r 1f_E_
0 -ry_� DIA. of Y�v�•Jl� hi �itk�v�/wl
� FEa.JLF r_I�l>=
Fowl Fes_ Pot��
VEZa t!A L�'IPrI2.q \
MARSHALL LOT SPLIT
LOTS 10, I I , & THE NORTHWESTERLY I /2 OF LOT 121
BLOCK 1031HALLAM'S ADDITION TO ASPEN, PITKIN OWNER'S CERTIFICATE
KNOW ALL MEN BY THESE PRESENTS THAT RONNIE MARSHALL BEING IFIE FEE SIMPLE OWNER
COUNTY, COLORADO. OF THE PROPERTY HEREIN DESCRIBED HAS BY THESE PRESENTS LAID OUT AND PLATTED THE
SAME INTO PARCELS I & II MARSHALL LOT SPLIT, CITY OF ASPEN, PITKIN COUNTY,
N COLORADO.
o
EXECUTED THIS ----- DAY OF ............ 1987.
RONNIE MARSHALL
_1.t.( r 5 Z3'7(o 4L ✓�, .GAP of
•
STATE OF COLORADO)
��h1 J dG 1 , •• L5 q'.F� 755.
COUNTY OF PITKIN )
1
n �� )Z ✓ U�/ + + 'THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
1987 BY RONNIE MARSHALL AS OWNER.- ____
WITNESS MY HAND AND OFFICIAL SEAL
u/ovt7
MY COMMISSION EXPIRES:
t'JfG� k
c� \ 1 ;� : U q fit_ _ 40. g•� ,
4o.S.5 aQ
PUBLIC-------
t5CA NOTARY PUBLIC
PACCEL I
/
BUILDING E/NVELC
yea
J ✓j \\
i0 �
LOT �I
PARCEL I
0 5 I0 15 20
NOTE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED SCALE ���- IOC
VICINITY MAP UPON ANY DEFECT IN THIS SURVEY WITHIN SIX YEARS AFTER YOU FIRST DISCOVER SUCH CONTOUR INTERVAL= 2 DATE
DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE 6/30/87
FROM THE ANNEXATIONS MAP 1' = 400' COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN
HEREON.
PLAT NOTES
FocJ1.J� �orJJMF_r.JT�i Go�.JFoe� R�-4���14gL_✓ �n/ f FL��-D
Tc�PoG�{�}Y+FtG, t7r�Tv►./( F 2oM t 1i 4 Godr�_ t�c� ,� AL-
Sv'tZ+/Ey(
Q �JoR-TN E:LY�i; of '�P-IJE�N/4`( 4Gi Li+.l-A.�l►.�
PREPARED BY
Aspen Survey Engineers, Inc.
210 S. GALENA ST.
P.O. BOX 2506
ASPEN, COLORADO 81612
(303) 925-3816
JOB NO.
16188
SURVEYOR'S CERTIFICATE
I, DAVID W. McBRIDE, REGISTERED LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE
PREPARED THIS SUBDIVISION EXCEPTION PLAT OF THE MARSHALL LOT SPLIT, THAT THE
LOCATION OF THE OUTSIDE BOUNDARY, ROADS & OTHER FEATURES ARE ACCURATELY &
CORRECTLY SHOWN HEREON, THAT THE SAME ARE BASED ON FIELD SURVEYS & THAT THE
PI_AITED SITE CONFORMS TO WHAT IS STAKED ON THE GROUND IN WITNESS THEREOF, I HAVF
SET MY HAND & OFF,ICIAL SEAL THIS DAY OF JULY, 1987.
f
ASPEN SURVEY ENGRS., INC.
David W. McBride RLS 16129
CITY ENGINEER'S APPROVAL
THIS SUBDIVISION EXCEPTION PLAT FOR THE MARSHALL LOT SPLIT WAS APPROVED BY THE
CITY ENGINEER OF THE CITY OF ASPEN, COLORADO THIS .... DAY OF1987.
BY}: _
City Fngineer
CITY APPROVAL & ACCEPTANCE
THIS SUBDIVISION EXCEPTION PLAT FOR THE MARSHALL LOT SPLIT WAS APPROVED AND
ACCEPTED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THIS_DAY OF
----------•1987. —
BY' ATTEST:
Mayor City Clerk
PLANNING & ZONING APPROVAL
THIS SUBDIVISION EXCEPTION PLAT FOR THE MARSHALL LOT SPLIT WAS APPROVED BY THE
PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN THIS DAY OF
.1987.
BY:
RECORDER'S CERTIFICATE
THIS SUBDIVISION EXCEPTION PLAT FOR THE MARSHALL LOT \SPLIT IS ACCPETED FOR
FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, THIS_DAY 01-
,198 , IN PLAT BOOK AT PAGE ,RECEPTION #
Clerk and Recorder
@[EDUV
{
6 AUG 71987
i�