HomeMy WebLinkAboutcoa.lu.ec.320 Lake Ave.Marshall 1987
-
....'
,~;"
-
CITY OF ASPEN
130 south galena street
aspen, colorado. 81611
303-925 -2020
LAND USE APPLICATION FORM
DATE SUBMITTED
FEES
$1,570.00
NAME
Ronnie Marshall
ADDRESS
PHONE
(Application for Subdlvision Exemption or Exceptlon
and Growth Management Exemption for Marshall Lot
Split)
NAME OF PROJECT Marshall Lot Split
PRESENT ZONING
R-6
0.312 acres, legal description set forth on attached Exhibit "A", Lots
10, 11 and the North 1/2 o( Lot 12, Block 103 of the Hallam's Addition,
City of Aspen, County of Pitkin, State of Colorado
LOT SIZE
LOCATIOl'l
(indicate 5 tree t address, lot and block number. May require legal
description. A vicinity map is very useful. )
CURRENT BUILD-OUT approx. 1,000 sq. ft. onp ~;nglp f:1mily rp~ir1pn('p un its
PROPOSED BUILD-OUT sq. ft. one single f amil V 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.
TYPE OF APPLICATION
Subdivision Exemption or Exception for Lot Split and Growth
M~n~Epmpnr Rvpmpr;on for lor aplir
APPLICABLE CODE SECTION (S)
Sections 20-19 and 24-11.?(~)
.PLAT AMENDMENT REQUIRED
X
YES
NO
DATE PRE-APPLICATION CONFERENCE CO}WLETED
h./-4/R7
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
~
'<0;,.>
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.
23011'30" E. 25 feet); thence N. 65019'30" 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 curve
bears N. 23011'30" W. 18.53 feet); thence S. 68017'30" 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
-2-
(
...-
-
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.
-3-
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:
-4-
MEMORANDUM
TO:
Aspen Planning and Zoning commission
FROM:
Glenn Horn, Planning Office
RE:
Marshall Lot Split Subdivision ExceptionjGMQS 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-6jH.
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:
"
"
....-'
a. Indicate property monumentation on the lot
split line.
b.
Indicate utility
lines pursuant to
17(b)(1).
easements along all lot
Municipal Code section 20-
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
property shall
Lake.
and illumination of lights on the
be such as to minimize impacts on Hallam
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
,
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
i ') r, 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
,_ setback on Parcel II which precludes construction under
-:)::.;> \.. the dripline of the large cottonwoods and a 21 foot
(,"c' ( " front yard setback on both parcels.
,,(~".(v ...Jr>'
LV ,. ~
\ "l F (rol\\ 'i" yJ
4
,
2) The applicant will agree to relocate all trees within
the proposed building envelope or build around them.
I'::::> e >.. -r~_,,",-,pOo':;;" '='- 1 ble...
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
\0 ,
Mi /l1.rv-- to\ r,.Or\T<<5e '-"'-'I 1\ ~~
on ~~{CQ IS V---lll\ be.... Go I
lOT
:.:;;..,.. '--
I t:x:::> c>
0,OOU
,
I
I
(
'-,
5
,'1,"
. . ",,)l~;-' -, '
" . c',. ,- l<::)<~I,,~~ ~,~; '-'1 -:';:; ~-_ ,)_)~;
,-.....
~- ''''It,,
.........
-
.'
MEMORANDUM
TO:
Aspen City Council
FROM:
Robert S. Anderson, Jr., city Manager
Glenn Horn, Planning Office ~
THRU:
RE:
Marshall Lot Split Subdivision ExceptionjGMQS Exemption
DATE:
November 23, 1987
----------------------------------------------------------------
----------------------------------------------------------------
SUMMARY: Ronnie Marshall is requesting a Subdivision Exceptionj-
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).
i
ZONING: R-6jH.
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.
,',',~,). 1,;"'<]'lih:",)..>>);,<...H\~l
.-
"-"
....",
...."
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
attachment 1).
1981, and is,
additions to it,
victorian structure located
The structure was designated
therefore, subject to review
or for demolition.
on Lot 10 (see
as a landmark in
by HPC for any
,
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
a d 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
property shall
Lake.
and illumination of lights on the
be such as to minimize impacts on Hallam
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
1. 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
r-
,,'..''''-1
~",'
<........
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.
}
l ;,
6)
8)
GH.MARSHALL
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.
The applicant agrees to appear before the Historical
Preservation committee for a non-binding review of
architectural plans for a house on Parcel II.
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.
All representations made within the application will be
adhered to.
4
~ .
\.
';')'>
W
":/..
&.
..J
,
o~
-:-.':":'1"': r
\
~
",.
~
.' .
J '.
.~. i .
. ':'~r1 t~
',- ". -~
IZ..~ 4&7.t:>~
\', '..
, .
A, e.G.=- ~. ~..
\ ,.
c.J..I..~.~.<!
\ .
'...
? 'Z..c> .. %..~ '-+Of
"
: ,~~;jli; '1')>1< h' ~i ,l ~1 jl ~::.' ~.';!i;!~~
,
"'-"
.
.
o~""
w(
7'
d.
,
I~
\
.
0'"'"
FROM THE ANNEXATIONS MAP I": 400'
NOTE. ACCORDING TO COLOR
UPON ANY DEFECT IN THIS S
DEFECT. I N NO EVENT, MAY
COMMENCED MORE THAN HI
HEREON.
A T\CAL- hmer"\T ~
". ",'\lq'~"'~'O":~'~~l";"" ~!':','l'" ,)~':~lIllH,.~~,l~I.~!UU~jl"~~Hm~tlllll)~<il1!b.~",
}.
~
(
i r r - J~ v
_._~
"l rJJ.. ~ .
.. . ,. ~ .
en c.
J ~i~ )- .-.... 0
UJ . "'~ o.
~~~ ..
I- ..
0 1 ..! ~ ~~ ~':'
Z "1 J" o.
Ht ~ > ~ u.
".
". . . " . z
~ . " ~ ~ ill ' ~ ~ w'
~ "
Or-II . 0 .<
~ ; .;; c~ .~
...J . & "2 ~
a.
. a.
. ~ .. > III ~
.. , ~ .,
.
ILl
z:tJl:cn
~.
.,
~
:..
:~
,
~....;.s,.'t~'...
,. .Ql-"!
. .01 t ".. ~ .~
jt~..~
i"/~"~~~
... ~~~.J
." <:s: Il r''''''''
",,, ..,
u
.. ..i
t
..
.
.
.
<
~
~. \
'"
,0
,
.''.:
':
.,
.
?:"
;r J ~
H ~ ~
~ .. 1 ~
~ p ~
, "
'.
'"2;'0'"
'(f'1.;Ol-
. .
.
..
,
,
,
.
@
.~
,'"'
/";
/ <.....--.
LH--
~---
'--"#40'"
~.t;;;';Y'"
" --
.'\
,
l.
I
A
T~ h "" e. "''T"
'"L-
).
,
\
"',J.":~,",,,,,,_,,,,..;,,,,,,,'.):)I>c\0i.;::.)..:,~,
( ,.
A ~hVV'\-€ ", .s (
MEMORANDUM
FROM:
Glen Horn, Planning Office
Jay Hammond, City Engineering ~
TO:
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
cu1verting of the irrigation ditch.
JH/co/MarshallLotSplit
cc: Chuck Roth
!>~~~,,~~~~~#<#~~-
~
!
'.
r- ~~s!
0"1" '-
Z } it....
< .
!i ~ m
1 p'.
~ : l~/.e
,
.,
,
,.
;
}
'. Q'}J"
~ t. .~"! .~.
,.,
."
~~
\
\
\
m
9
<.
~\
-.,
'<,
.,
.\
C\
'\
, ~i
l .,
, j \
, r '
i 1\
j $
c.-N" .......
A I" nAL-I-.....
MEMORANDUM
TO:
THRU:
FROM:
RE:
@? DATE:
Aspen City council
Robert S. Anderson, Jr., City Manager
Glenn Horn, Planning Office ~
Marshall Lot Split Subdivision ExceptionjGMQS Exemption
November 23, 1987
----------------------------------------------------------------
----------------------------------------------------------------
SUMMARY: Ronnie Marshall is requesting a Subdivision Exceptionj-
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 v1cinity map).
ZONING:~6/H.--
~ PARCEL SIZE: 13.fi03 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
V 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:
Q)
o
1. Fire Marshall: No comment.
ev f'l 01\
1J.;y.~
'S vd:) IV o<--ff'o f'r <" CA-'\;:€.
\-t-e \! i:::; 5 U","_:> l ; ~f''''<'' - Oed..\ frci><>"rT(o 5
I J ~,c.c\.\.<A-\"A. L.",,~
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
lines pursuant to
17(b)(1).
easements along all lot
Municipal Code section 20-
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
attachment 1).
1981, and is,
additions to it,
victorian structure located
The structure was designated
therefore, subject to review
or for demolition.
on Lot 10 (see
as a landmark in
by HPC for any
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
property shall
Lake.
and illumination of lights on the
be such as to minimize impacts on Hallam
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.
I~he isting structure on Parcel I is approximately!~quare
~ t n size. Based upon existing floor area rat~os (FAR) a
/)(3,54 sq. ft. single-family house could be constructed on Parcel
.______':\ ! " This4Ueans there is the potential for an addition to _ the
I . houSetf 2,011 sq. ft. By comparison, given the proposed size-of)
\ Parce II (6,550 sq. ft.), a single-family house totaling 3,(}9"~
sq. f~~/in size could potentially be constructed on the lo~
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 A~chment 2 indicates, the applicant is proposing a partia~
building envelope on Parcel I and a complete envelope ~arcel
I~ The building envelope on parcel II calls for only 30 foot
r~r yard building setback from3 the top of the bank ove oOking
"
c;:-- )
Hallam Lake with a 20 foot deck setback. r A 20 foot rear deck
setback is proposed on parcel I. The exist\nghOuse on pnr ~IJ
is presently set back 40 fe~t ~om the top of the bank. A:y>'
foot front yard setback and(~ 121 foot south side yard set ck 1S
also proposed. f
'-../
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.
q\
~y.l.-
~ e><"~' \ 1'1;'("" ho \A. So ~ vJ ~ \ \
A '"' ~l""'<>" ,~ .}d,"~'7",:"",)
~, ro~c..-h ',1"1,1:,-,.... '5>1 <=te... '+- ~ro (n- -......./otrcl
\lOT' ~.,~ I' I
f"-YL-e. \ -r:.
~o(
GH.MARSHALL
.
u1
?
do
ul
":t..
do
J
..
o'!>c..
,
,0
\
~
~
, .
,
.J '.
'~ i,
" ." e(''''' 1'2,....
, ,
JZ..'~4-~.~~
\ '., '
Au.... ~.~.,
CoJ.\ '.. ~.~.~
, .""-
~~ ...z..~'<4C Eo
" '
'",-
,
~
I~
\
~
~.
: !-lD.LL-1\M. '.
~L-4~ '"
-\ fJ
"'. :
VICIN ITY MAP
FROM THE ANNEXATIONS MAP ,": 400'
NOTE. ACCORDING TO COLOR'
UPON ANY DEFECT IN THIS SI
DEFECT. IN NO EVENT. MAY
COMMENCED MORE THAN TH
HEREON.
A-;-'CAf:...h~er'\T 4-
,
r - Ji-~
.rJ
~
(j) ~ 1 -.
~ ~ ~~~.
o ! ~..
Z~q
~ ~ i~~
Q. · h0
,
i
"-
,
. .'
JI'~, .~,..
.11 t) .. 'tJ .tl
t.l . . ~ (l
"'"
.......... .", t 't" '
-.t-/ "" ~ . ~
~ ~~~~J
.- <:I. \l-?r'-"I
r"'!::: ",r'
r' .
"~ t -
Or-Ii t'
~ ~ '"
.
~ ; j
<
,-,
,.
~1
,
,
.
.
<
~
~A.\,o!'t~:"':' ~
...
'"
.,
"~
L ,
.
.
r
,
,
<
@
v
--.-E- ...
m .
~. ..
)- .-...
. 0>"
~J:i~
. >oV
~ ~ ~
v ~ u
~ ::l...
~
o
c"
m
a.
~
..
o
o.
<-
..
o.
".
O.
UN
.0
.
V-
..
.0
< .
~
*l&Ic1
Z VI
~.
~
/';
/ <--
LH</
-~ "
.~ ~ ~
,
, , "
.---'"
~---~)...;.;
_/.~.\.....V
.'>
'>
,
i
I
I
I'
,
.....
A '~h""e..",,-
~
A ~h'YV'..e"" 3
MEMORANDUM
TO:
FROM:
Glen Horn, Planning Office
Jay Hammond, City Engineering ~
RE:
September 8, 1987
Marshall Lot Split and GMP Exemption
DATE:
=============================================================
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
~",<~,~..,..,,_:,'''~i-'
."._,_"~~oIlio.i.""
,.,..,," _.~..~~~
~
I
'.
,-
'-....
5 1 ~..
z ., is;
. q"
.- 'f ~ i; ~ .-
<( ., ~.,.:
..J ') t ~.~ .
a.. 0 P"
t \~ ~Q
,
.,
,
r
,
.
.' . 'll.?
." ~. ~. "
~ t .'"
,.,
~~
/
~
~
. ~ .....
t ~...Jo
I , ~_ w - ~-
l . ~ <:V,:;'.
m .
:.. i ~ 0:: 3
co . .~
., .
~
<. \.'11 H i.
~ '~ . <
I ~ ~ . !
;-. t{
<, 4.... ...
-, ."
., ~,-,
CI . j
~ '~\ ~, .
~L .
> (' l
, ' i .
, r \ ~ t ~ .
, .
~ ~ t
~ I \ . . i . !
j ~ 1 ~
- !\~
,"\' 1..,,1- ' ~
1
,..,-.0. g
.
.
,
\
\
\
"l
.
r--....
--...
.~
I
)
",/
/C'\
'~J
11\" ,Ill
~ ~ 'Q.Q) ~
.~ ,\-,^~~":I\
:" ~ ~ I {
..H ~;;
o
;;;..~~~...
~2
A \" ~CAi)..",....~"'-
. .'... ",'.,,..., ,"','::",,,,.,,,..,...----
(Jf
(,..' ,
....'\
,,' "-
(--1
PUBLIC NOTICE
RE: MARSHALL LOT SPLIT GMP EXEMPTION
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Monday, NO'ilfJI/BEfZ13 , 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. stirlinq
Mayor, Aspen City council
----------------------------------------------------------------
-----------------------------------------------------------------
Published in the Aspen Times on October 8, 1987.
city of Aspen Account.
,
o
t.;#';"'" :i
"D C)"Q
G en CD
:I. ~
~ -a
nG)_.
Q!!.8:
!!!! :I
!l1lJJ!
~ !
:I.
S
ICI
~
i
/'
~
,,~
~
~~~
~ <::> ~
~, }::::: --........~
~ ~"\ ( ~'",<
- ~~ '\
6>> ! ~__\
:-t=;. . "'" ~ ~
~ ~ ~~ ~~
~ ~,y ~z
1 \ 0", ~ d
t\8~
~ ~
~
'Z
"...
6'
-i
~
N
rr:
Z
~
-{
:::::
iT!
~
N
f-::;
U:
"'~';
;r:.
,....
!'..;
Z
S
,....
,...
".
:-:-
1-....:
"-
CO
'-...!
li"
1___- c:
I,__J 0> ,
\ ~'S'
.........____.__ 'eo ..
~., -X" ~ '
:,.,.. , '.
'Sf,'"': '\( ,.,> ~
~:,' D',;..,~, '~;:J
r : I ~Ii,
:,-~~
, I
~ . ~ . . < . ,
~ ~ , . .
!'"")
o
o
GARfIlElD & HlECHT, r.c,
RONALD GARFIELD'
ANDREW V. HECHT"
WILLIAM K. GUEST, P.C.".
ROBERT E. KENDIG
ATTORNEYS AT LAW
VICTORIAN SQUARE BUILDING
601 EAST HYMAN AVENUE
ASPEN. COLORADO 81611
TELEPHONE
(303) 925-1936
TELECOPIER
(303) 925-3008
CABLE ADDRESS
"GARHEC"
JANE ELLEN HAMILTON
'"also admined to
New York Bar
Ualsoadmined to
District of Columbia Bar
.Ual50adrnittedto
Nebraska and Texas Bar
November 17, 1987
HAND DELIVERED
Mr. Glenn Horn
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, CO 81611
RE: Marshall Lot Split
Dear Glenn:
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.
Jft::,f!!::/!::::~
JEH/cc
Enclosure
'0.....,.,.
MEMORANDUM
TO: Glenn Horn, phJnning 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
.
.
~""
"'"
.
'-....
-
Sanctity (If Contract
STEWART TITLE
OF ASPEN, INC.
602 E. HYMAN . ASPEN, COLORADO 81611 . (303) 925-3577
June I 2, 19E17
Jane r:1.1pn Hitmil Lon
Garfield and HechL
601 8. Hymall
Aspen, Co WI6l 1
Re: Ronnie Mitrshall/Ad'iacent Owners
Dear ,lane.
Listed below are owners of land adiacent to, or across the
stn.>E"t from Luts J 0 .11 and the Nort.h one-half of Lot 12, Block
103, Ilallam~' JI.dcJ:it.Ion to the City and Townsite of Aspen.
Block 1.02, Hallam AdditIun:
Pt. Lot 12
Arltulr R. and Amelia Trentaz
Box 4/.5 or 315 Lake Avenue
Aspen, Co. Aspen, Co
816]2 81611
Lot 9 and Pt.. of LoL 12
Sheldon B. and Marianne S.Lubar
8160 North Green Bay Road
Milwaukee, Wi 53209
Block leU Hallam Addition:
Lot 9 Jamps P. Hune
1120 North Lake Shore Dr.
Chicaqo, Ill. 60611
South 1/1. 1,oL12, r.oL~; '13-15 (Woqan Lot. Split)
John B. & Jacaueline T. Woqan
P.O. Box 158
Aspen, Co 8]612
Block 40 Aspen
P.aCit. l/<~ ot l.ot ", Lut,', " and 7
Victor A. and Anst.is B. Lundy
301 Lake Avenue
Aspen, Co El1611
--.=<'1
r
......
.....,
........
Sonclily ('f Contracl
STE,\\TART 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 Part of Lot 6
James K. and Gay Daggs
720 East Hyman Av
Aspen, Co 81611
Part of Lot 6, Lots 7 and 8
Elizabeth Ann Altemus
620 North Third St
Aspen. Co 81611
Part of Lots 11 and 12
Arthur B. and Amelia Trentaz
315 Lake Ave
Aspen. Co 81611
Block 103 Hallams Addition:
Lots 5, 6. 7, 8 and 9
James P. Hume
1120 N. Lake Shore Drive
Chicago, IL 60611
Lot 17
Patricia Moore Inc.
510 E. Hyman Av
Aspen, Co 81611
Lot 18 (212 Lake Ave. Condos)
Unit A:
Ur!:i.t Bl
Jac}; A. Newman
13500 Oxnard
Van Nuys, CA 90401
Henry J. Pedersen
P.O. Box 144
Aspen, Co 81611
.
c
r'-'"'\,
j
..... J
Lot 19
Tercero Corp.
Attn: Joe Roberts
4400 One Williams Center
Tulsa, Oklahoma 74172
Block 40 Hallams Addition
Lots 1 and 2
R.W. Rings by Enterprises
P.O. Box 7240
Denver, Co 80207
Lots 3, 4 and Part of Lot 5
Martin M. and Beate S. Block
311 West North Street
Aspen, Co 81611
Part of Lot 5, Lots 6 and 7
Victor A. and Anstis B. Lundy
301 Lake Ave.
Aspen, Co 81611
Lots 8 and 9
Ralph W. Ball
215 St. Paul St. #103
Denver, Co 80206
Lots 10, 11 and 12
Charles C. and June S. Gates
999 S. Broadway
Denver, Co 80202
Lots 13, 14, 15 and 16
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,
P:~.~~~
Title Department
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.
fi~'
/-..~
I.... C' "'7,1'! )TlA.-;.. '-- >.-
Ii' '"
"
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 syste1 exemptio
-"'......
.'<,>.......
PITKIN COUNTY BANK & TRUST COMPANY
P.O. BOX 3677
ASPEN, COLORADO 81612
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,
ANK & TRUST
'.
.. i III 1l1-.
(~,
, ./
.......,
SCHEDULE A
. Order Number:
1'1'1'':','
Commitment Number:
:~c pl (:I'Ul-.'t_'1-
2. Policy or Polic$es to be issued:
1. Effective date:
on.
I'JHf, lit B,O" l,.t-1.
Amount of Insurance
PI-pm i lIlI
A. ALTA Owner's Policy
Proposed Insured:
$
B. ALTA Loan Policy
Proposed Insured:
A5pen Sdving:<: and Lc.an AJ';50C\fttioll
c. ".Indi(tr }\ssi.gn6
$
Tax Cert.
13"3,250.00
Yun, 100
Forlll 100.30
$ ~'. 00
$~r.6. 50
$ 20. ()(.
$ 54. ~,f)
$
3. The estate or interesl in the land described or referred to in this commitment and covered herein is fee simple and title thereto is al the effective dale hereof
vested in:
4. The land referred to in this commitment is described as follows:
'\
1, S ADDITION TO hSl"" ,
PARCEL III 103, HALLAH' SADDI'l'ION TO ASPEN and
" t..!l':t. of Northwesterly 112 of r,ot 12, Block
103, HALL 'S ADDITION ASPEN, COLORADO, said tra.ct 1.'oin9
Dv...e tully described d5 follow5' Beginning at t.he lIost
Hesterly co n~r of said Lot. 12, tt.ence a.round a curve to the
lett with a a iU5 of 483.05 feet. a distance of 25 feet (the
ehc'n1 of wbic curve bears S230l1' 30' E. 25 feet I; thence
N6~.1.9'30" E. 125 feet; thence aro\md a curve to t.he right with
~ radius of 385.05 feet. d distance ot 18.53 feet (the chord of
~hich bea~s N23011'30" H. 18.53 feet); thence 560017'30" H. 125
feet to the point of beginning, as hereinbefore descrU'ed.
I'A~CE;[' I: Lot 10.
1(>3,
J.:'mnie Hac shall
County of Pitkin. State of Colorado
/
~./ / /
"/1 I
I. ).... -
.' ~ed c6OO{ersign&lure
i
/
"
i
.:. ;/./
Page 2
STEWART TITLE
1652 (25M 3/86)
'T'~~ ". ". ,.,~~
GUARANTY COMPANY
" ./
.........
(
"
;, "
SCHEDULE B - Section 1
Order Number:
Commitment Number:
14473
Requirements
The following a'e 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 o~ evidence of proper 1&9a1 proceedinqs approved by an
attornev tor Stewart Title Guaranty Coapany disposinq ot the
tnterest ot Benjamin Ferria And E. H. Young.
NOTE: Beniamin Ferris acquired an interest by Arapahoe County
District Court Order appointinq hi. as assignee ot the estate
or D. H. VAn Hovenberqh recorded June 19, 1895 in Book 131 at
Page 521. E. H. Younq acquired an interest by docuaent Wherein
he bec_e the purcMser of said real estate recorded June 19.
1895 in Book 131 at Pa~e 524. The record does not disclose a
dispoeition of their interest. This require.ent affects Parcel
1.
2. Release ot Deed of Trwst dated Hay 9, 1986. executed by Ronnie
Harshall, to the Public Trustee of Pitkin Co ty, to secure an
indebtedness of $70.000.00. 1n favor of Pit County Bank &
'1'rust COllpany. recorded. Hay 14, 1986 in 0 at Paqe 840 as
Reception No. 277964.
tee for the
3. Deed of Trust fro. the Borrower
!USe of the proposed lender to .
STE'\'ART TITLE
"
.
(. '\
-"'/
.-
"
'-
SCHEDULE B - Section 2
Exceptions
Order Number: , -I" ., .3
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 fien, 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.
1>. 1Iny and all unpaid taxes and atl6ell~.enta and any unredel!!wed
lay Bale~.
1. 'l'he etiect of inclullionr; in any gem,,'!!.l or~ !S'fic water
cOIl!Jecv<oncy. (ice protectiun. I';oi 1 conr;ecvat 1 or' other
.ji"t.t-ict oc InchJsion in any water service oc B reet
illlpl":'l1ellertt acea. ~
8. Rl<lht of the propcieh,t' ot. a vein 0 ode to extract and rewove
his ore tberelHlIt, rshvu1d the 6lURe found to penetrate or
i.nter.Gect the preai&e15 ~bY granted a~ reserved In United
States Patent cecocded 5, 1880 in Book S5 at Page 02 as
Reception No. 24412.
9. Rl<;Jht of the ctetoe o( vein Ot. lode to extr-Act and r-eIIove
his or-c there c*!. should the 5_e be found to penetr-ate 01:'
1ntees~ct the e.iees hereby granted, as reserved in United
States Patent re 0 ded in Book 55 at Page 32 as Reception 10.
49767.
NOTE I Ell:ceptton Jlo. 4 above will be deleted frC*! the Mortgage
Policy when issued. and mectwmic's lien protection 1s her-cby
qranted the Kortqage froa the date of r-ecordinq of the Deed of
~rust being insured, providing the said Deed of Trust is
recor-ded by Stewart Title Guaranty Company and pr-ovided the
encloSed Affidavit is properly executed and returned to Stewart
Title Guaranty Company. Items 5 and 7 will be deleted in the
Hor.tgage- Title Policy to be issued. Upon receipt of Improvement
Sut-vey Plat approved by Ste'Wart Title Guaranty Co.pany, Items
N,-,. 1. 2 and 3 will be deleted. frolll the Mortgage Policy and
proper insuring clausez will be added.
Exceptions numbered
are hereby omitted.
1654 115M 3'86\
Page 4
~r.:r:~ITC: r:1I r: f'nDY
STEWART TITLE
GUA.RANTY COMPANY
"
,-
'-'
..,
...,~
Land behind propprty by Hallam Lake (NE1/7. See 12-10-85)
Walter P. Paepcke Life Insurance Trust
101) Adams
Chicaqo, IJ 1. 60603
and
The Aspen Center for Enviormental Studies
P.O. Box 8777
Aspen, Co 8] 6] 2
AILbouqh. our senrch was I.horouqh and we believe the statement
herein Lo be true, I.his :is neither a quaranty or opinion of title,
and iL:i ~ unden;tood and aqreed that Stewart Title of Aspen, Inc,
neither assumes nor will be charqed with any financial obliqation
or liabilIty on dny statement contained herein.
Sincer.ely,
~~P-dd1
Peter P. rJe!.il:1-
TiLle l.)PPiH tment.
~~~ L~1fJ l/) 0
~htv~ k".I,l.I'II;1i:Vr,A 5t-~ "" ~~U ~~-112Cd)(Yl "rMf'1}u.
s,~ (p.fl JJj~J \;n'11J J.JI ~ M* Fj'~W ~~ 4 "1f~:JJL
~fVrl,J tl [~t'LU &-.~fI1A,t~\f1A~ fV,!.J io~'2.'t~IL I,
( rr-lTtu v~V"1\0
( Iv,~ ~ 11!~ rkv rtvfl fa r,j<~ )
9-.) . 'f ~ bV;I~;~ e~vdOf~S/\ ~ ~ fh~ ~1/f-~^ kJ(1.JJ1
I rrJ (&,+II Joil) ~ 10 rJiJ /J.. 1,;&h rn 011; ~J :6 h/l#1
l) ~
~l ~ V\1 H I~~ W. ~ ~ fm l1~ p, -1tv r~ j f J tr;*")
(hD\1I I _ .
6L):~Hp,aA\.Vv,n, t'J^< -IJ... ~ 5 JYVej / p ) is t .
. ~~/ftY1 J LX UuJ-tk t1;4t1'~ 0 {~J. ~fj f {~ p~ It!']; ~,
If
7 +eII ~ /0 ~ lillen M,Pl (rS~ $JsWr) e~l'e!ofQj to Vj (W 91-ornM fD!JIJG
o
o
GAlRf[lEILD & HIECHT, r.c.
RONALD GARFIELD'
ANDREW V. HECHT..
WILLIAM K. GUEST, P.C. .**
ROBERT E. KENDIG
ATTORNEYS AT LAW
TELEPHONE
(303) 925-1936
TELECOPIER
(303) 925-3008
CABLE ADDRESS
"GARHEC"
JANE ELLEN HAMILTON
VICTORIAN SQUARE BUILDING
601 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
.alsoadmittedlO
New Yark Bar
ualso admitted to
District of Columbia Bar
""also admitted UI
Nebraska and TUa5 Bar
August 7, 1987
HAND DELIVERY
I~ I~ = ''''1",07,.-' ,':::;1
! _,' L" mj, \ ..'. 1::-'; !0,\:
\1\)I.,',h l'-..:7l~. d_\L:C,'.," i'i,.
! I.' - . ,
I ,) i I
,! 1,1; AUG 7 1987 :
Ii I \ .
I' '\' ,
'I Ii
i' \,1
l!.-' '-' 1
L._,___.______.___~..,___ --".~
Steve Burstein, Planner
Aspen/Pitkin County Planning Office
130 South Galena Street
Aspen, CO 81611
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 & HECHT, P.C.
~~
JEH/mms
enc
fh,u
t'
Date:
[t/U/L-~
AJ;;N/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, CO 81611
(303) 925-2020
f?J/~/.?7
-
.....,I
RE: 7IlA/L.j)AU;/JVt ~
~ D!64t~:
,f
This is to inform you that the Planning Office has completed its
prel iminary review of the captioned applica tio n. We have determi ned
that your appl ication IS NOT oomplete.
Dear
Additional items required include:
Disclosure of Ownership (one ropy only needed)
Adjacent Property Owners List/Envelopes/Postage (one ropy)
Additional oopies 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. Yoti~ appl ication ~ s:P~lete and we hav~ Jsch~duled it for
reVl.ew by the ~~ on 9/0?D2/J'7. We will
call yo u if we need any ddi tio nal info rma tion prior to tha t
date. Several days prior to your hearing, we will call and
make available a ropy 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.
v
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 ~..4U1( ~
the planner assigned to your case.
Sincerely,
ASPEN/PITKIN PLANNING OFFICE
lY.~j;/M ~4t .>
_.
......,
-
"-'
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
o
o
RONALD GARFIELD'
ANDREW V. HECHT"
WILLIAM K. OUEST, p.e. ....
ROBERT E. KENDIG
GAlRf[JEILD Be HJECHT, P.C.
JANE ELLEN HAMILTON
ATIORNEYS AT LAW
VICTORIAN SQUARE BUILDING
601 EAST HYMAN AVENUE
ASPEN. COLORADO 81611
TELEPHONE
(303) 92S-1936
TELECOPIER
(303) 92S-3008
CABLE ADDRESS
"GARHEC"
*a1so admitted 10
New York Bar
ua150 admitted to
District of Columbia Bar
u*abo admitted to
Nebraska and Texas Bar
r=;:---
1r~.:l /, -., r~::-~.- ~,
,11)': \'"7 r : ii'
I I J ~ ~ ~-__ -....:
November 5, 1987
JOt ! 5 1987
1 i_ \.~ L._______..
I
-~___.,...._.____..~r
J
Mr. Glenn Horn
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, CO 81611
RE: Marshall Lot Split
Dear Glenn:
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.
,~~1tOO
JEH/cc
Enclosure
I"""
'-'
-..
--
I
CERTIFICATE OF MAILING
I, hereby certity that on this ~ day of ,Jf1H.Jtbtr
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 ap 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.
NJ~ (frtL
cg
..',' ."""_...,,,.......)...,,.._,-.,.,,,,...,..,,,.,,...--_...
_.
.......
-
-
PUBLIC NOTICE
RE: MARSHALL LOT SPLIT GMP EXEMPTION
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Monday, NOl/fff/BEfZ13 , 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. stirlinQ
Mayor, Aspen City Council
----------------------------------------------------------------
____________________________u___________________________________
Published in the Aspen Times on October 8, 1987.
city of Aspen Account.
,
o
o
RONALD GARFIELD'
ANDREW V. HECHT**
WILLIAM K. GUEST, P.C.***
ROBERT E. KENDIG
GAlRfIIElD & HE CHI, r,c.
ATTORNEYS AT LAW
TELEPHONE
(303) 925-1936
TELECOPIER
(303) 925-3008
CABLE ADDRESS
"GARHEC"
JANE ELLEN HAMILTON
VICTORIAN SQUARE BUILDING
601 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
July 23, 1987
D'~ @ B D~Z.~~
r JlL 23 1987 "'"
.a1soadmittedlo
New York Bar
Ualso admitted to
District of Columbia Bar
".also admitted to
Nebraska and Tclta!l Bar
Steve Burstein, Planner
Aspen/Pitkin County Planning Office
130 South Galena Street
Aspen, CO 81611
RE: Marshall Lot Split
Dear Steve:
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.
o
o
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~~ltoo
JEH/mms
enc
-
-
"\
..
PUBLIC NOTICE
RE: MARSHALL LOT SPLIT GMP EXEMPI'ION
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. Stirlinq
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
- 63721
- 63722
LAND USE APPLICATION FEES
City
00113
.63723
- 63724
- 63725
- 63726
- 63727
.63728
- 47331
- 47332
- 47333
- 47341
- 47342
- 47343
- 47350
- 47360
REFERRAL FEES:
00125 - 63730 - 47380
00123 - 63730 - 47380
00115 -63730 -47380
GMPfCONCEPTUAL
GMP/PRELlMINARY
GMP/FINAl
SUB/CONCEPTUAL
SUB/PRELIMINARY
SUS/FINAL
ALL 2-STEP APPLICATIONS
ALL '-STEP APPUCA TIONS!
CONSENT AGENDA ITEMS
ENVIRONMENTAL HEALTH
HOUSING
ENGINEERING
SUB-TOTAL
County
00113 - 637" - 47431 GMP/GENERAL
- 6:'712 - 47432 . GMP/DETAILED
- 63713 - 47433 \ GMP/FINAL
- 63714 - 47441 SUB/GENERAL
-63115 - 47442 SUB/DETAILED
- 63716 - 47443- SUB/FINAL
- 63717 - 47450 ALL 2-STEP APPLICATIONS
- 63718 - 47460 ALL '-STEP APPLlCATIONSI
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 COMPo PLAN
- 63066 - 09000 COPY FEES
- 63069 ~ 09000 OTHER
SUB- TOTAL
TOTAL
Nam.!?on/'7 ; f ll7a rsha II
Add,e,so 3.;10 La,t" At/f'
/t,,,.er,. f'- 0
Chec': -.57%0
Additional Billing:
6l6,f}-F7
/"1 CI cJ - 00
><0.00
/,_S 70 -00
.:Ii I, E 7d. 00
Phone:
p'OJ.C! mct.rsha...// L-o T
SK) Ij/
Dal.' /bl.J;/?7
# of Hour~. _
l
1
I
I
1
~
l