HomeMy WebLinkAboutcoa.lu.ec.Mason 0145 McSkimming Rd.
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 04/12/94 PARCEL ID AND CASE NO.
DATE COMPLETE: 2737-181-04-013 A26-94
STAFF MEMBER: ML
PROJECT NAME: Mason Lot Line Ad;ustment
Project Address: 0145 McSkimminq Road
Legal Address:
APPLICANT: Euqene Mason
Applicant Address: 145 McSkimminq Road 925-3305
REPRESENTATIVE: Dennis Green
Representative Address/Phone: 715 W. Main 925-1885
Aspen. CO 81611
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FEES: PLANNING $ 215 # APPS RECEIVED 2
ENGINEER $ 96 # PLATS RECEIVED 2
HOUSING $
ENV. HEALTH $
TOTAL $ 311
TYPE OF APPLICATION: STAFF APPROVAL: -1L 1 STEP: 2 STEP:
P&Z Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
DRC Meeting Date
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REFERRALS:
City Attorney Parks Dept. School District
~ city Engineer Bldg Inspector Rocky Mtn NatGas
Housing Dir. Fire Marshal CDOT
Aspen Water Holy Cross Clean Air Board
City Electric Mtn. Bell Open Space Board
Envir.Hlth. ACSD Other
Zoning Energy Center Other
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___ City Atty ___ City Engineer ___Zoning ___Env. Health
___ Housing ___ Open Space Other:
FILE STATUS AND LOCATION:
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Pla,(ner Date .
Project AJf','11 07'0/1',1 / J~,b(/I ~,/'ruj/1 tv ({/~ .Ad; 'us! /V.JI+
Applicant's Representative ~1eIYI/I (;7eR/l
Representative's Phone 'I'd ~~ - / R~5-
Owner's Name ,A4.MtJl1 1//<,11" ~,'lrclc' fa 1~IN('i
Type of Application (-Ill (/~ Aft, ;/;\N'1 t
Description of the project/developmen eing requested
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The applicant has been requested to respond to the following items and provide the following
reports:
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City of Aspen
Pre-Application Conference Summary
Land Use Code Section
Comments
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The review is: (P&Z only) (CC only) (P&Z and CC)@
Public Hearing: (yes) ~
Deposit for the Application Review: 1 aU :)
Referral agency flat fees: . 'fCt-
TOTALDEPOSIT J 3/ /
(Additional hours are billed at a rate of $163/hr,)
Referral Agencies
To Apply Submit the Following Information:
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10.
Proof of ownership,
Signed fee agreement.
Applicant's name, address and telephone numher in a letter signed hy the applicant
which also states the namc, address and telephone number of the represcntative.
T9l,al deposit for rcview of the application $~]II
~_ copies of the complete application packet and maps,
Summary letter explaining the request (existing conditions and proposed uses), ineluding
street address and legal description of the property.
An 8 1/2" hy II" vicinity map locating the parccl within the City of Aspen.
Site plan shall include propcrty boundaries, lot size, proposed access, and physical (. I
features (drainageways, streams, rivers, etc.) - .eA(/~/'(7J (I',,-<-,/,oxd ,Q4 y.1{; f' "
crdeJA.-WO /1<'1"'" J..<afn/ ,-:'/'>0'"" (/Nb,' W""""", h.
These items need 10 he submitted if circled:
r:. List of adjacent property owncrs within 300 feet of the subject property with addresses.
y. Site photos.
I. Proof of Icgal access to the parcel.
1- Historic Preservation Commission review/approval.
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August 12, 1994
Pat Spector
3 Fairoaks
st. Louis, MO 63124
RE: Block 1, Lot 2 and 3, Aspen Grove Subdivision
Dear Pat:
I have talked with the Assistant city Attorney, Dave Bellack
regarding the Lot Line Adjustment that was recorded in Book 35 at
Page 9 and your concerns with the restrictions placed on this plat.
The City acknowledges that the lot line adjustment which took place
on January 27, 1967 was a legal land exchange under the land use
regulations in effect in Pitkin County. The City agrees that no
further lot line adjustment is needed at this time.
In order to correct this recently filed plat the following needs
to be done to two mylar plats:
1. Change the title to read, "First Amended Plat of Aspen
Grove Subdivision Lots 2 and 3, Block 1 CORRECTED"
2. Add this as note #7, "The sole purpose of this plat is
to graphically represent a lot line adjustment that took
place on January 27, 1967 and recorded in Book 225 at
Page 315 in the Pitkin County Clerk and Recorder's
Office."
3. Submit $20 for the recording of these two plats.
4. Keep the signature blocks for the city Engineer, Clerk,
and Planning Director.
Once we get this information we can correct the previous plat that
was done in error. If you have any questions please feel free to
call me at (303) 920-5090.
Sincerely,
Mary Lackner
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Pat Spector, A.I.A.
145 McSkimming Road, Aspen, C.....""l611 303-920-9490
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Ms. Mary Lackner
Planner
City of Aspen
Aspen, CO 81611
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August 8, 1994
RE: Block 1, Lot 2 of Aspen Grove Subdivision
Dear Ms. Lackner,
I purchased the refereneed property on May 29, 1994. Last Monday on August 1, I
received a final copy of the recorded plat and to my surprise discovered a FAR reduction
paragraph handwritten on the drawing. Until then, I had no knowledge of any reduction
being required for the said property. Apparently, neither did the seller Eugene Mason,
nor my real estate broker Jane Moy, have any knowledge of this reduction,
The original lot was platted at 14,245 sq. ft. However, on January 27, 1967 the lot line
between lots 2 and 3 was adjusted so that lot 2 had an area of 15,302.83 sq. ft., and the
deed was recorded in Pitkin County. The County Attorney's office has indicated that
there were no requirements for a plat to be made. amended, or filed at that point in time.
It was a legal transaction at that time and remains a legal transaction now,
The County recognized the legality of the parcel with the adjusted lot line in 1967 and
acknowledged that by recording the deed and taxing the parcel based on 15,302 sq. ft. On
July 27, 1987 more than 20 years later, the subdivision was annexed into the City of
Aspen. At that point the City acknowledged all existing parcels and deeds including the
referenced lot and taxed it on the larger 15,302 sq. ft, basis.
Due to a requirement by the Title Company for a legal drawing of the description in the
deed, Eugene Mason began the process of recording the plat for the transaction that he
completed in 1967, In the process of recording that plat, the City of Aspen regarded the
matter as a lot line adjustment taking place now, subject to eurrent rules and regulations,
The new plat is recorded with a restriction that the FAR be based on the original
subdivision lot size of 14,245 sq. ft., prior to the January 1967 lot adjustment.
By this letter, I am requesting the removal of the FAR reduction provision now recorded
in the plat, and the restoration of the full FAR permitted for the 15,302.83 sq. ft. lot size
for the following reasons:
L There is no lot line adjustment for the subject property now or at any time when
the City of Aspen had jurisdiction over the subdivision..
2, This should be a (belated) recording of a plat for a parcel of land where a lot line
adjustment legally took place on January 27, 1967 at which time there was no
requirement by the County to have a plat recorded or amended,
3. Lot 2 is a legal pareel recognized by the County and later the City through
annexation, with outboundaries described in the deed and a lot size of 15,302 sq. ft.
and was taxed as such.
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4. If the Title Company had not required a plat drawing, none would otherwise have
been required, and I would have been granted the full development rights of the
legal parcel as described in the January 27, 1967 deed. That would have been a
FAR based on 15,302,83 sq. ft.
5, The density of the parcel, or of the subdivision would not increase.
6, I bought the property based on the full area and the development rights for the full
area. To reduce that area by 1,057 sq. ft. would seriously impair my ability to
expand the house for my family and would impose a signifieant hardship, as well
as a reduction in value of the property.
7. Finally, I do not understand why I should be penalized for the technicality of
recording now a legal parcel of ground which had no FAR reduetions, and whieh,
had I not proceeded with such recording would allow me the full FAR today
without reduetions.
I or my designated representative will be glad to meet with you and your associates to
seek a speedy resolution to this issue. I thank you for consideration of this matter and
look forward to a prompt response.
Sincerely,
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MEMORANDUM
TO:
Leslie Lamont, Acting City Planning Director
FROM:
Mary Lackner, Planner
RE:
Aspen Grove Subdivision Exemption for a Lot Line
Adjustment
DATE:
May 26, 1994
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REQUEST: The applicant, Eugene Mason, is seeking approval for a
lot line adjustment between Aspen Grove SUbdivision, Block 1, Lot
2 and Lot 3, pursuant to Section 24-7-1003 (A) (1) of the Aspen
Municipal Code.
CRITERIA:
adjustment
met:
The Code authorizes the Planning Director to approve an
of a lot line if all of the following conditions are
a.
It is demonstrated that the request is to correct an
engineering or survey error in a recorded plat or is to
permit an insubstantial boundary change between adjacent
parcels; and
Response: The lot line adjustment can be considered an
insubstantial boundary change, because the Warranty Deed from Marie
Mason to Irving and Lise B. Shecter dated January 27, 1967 was done
prior to the county's subdivision regulations of 1974 a was
permitted at that time without County review. (See April 15, 1994
letter from Assistant County Attorney John Ely).
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The Aspen Grove Subdivision and surrounding area was annexed into
the City of Aspen in 1988. The applicant is now requesting that
this lot line adjustment agreement made in 1967 between the two
property owners be officially corrected.
b. All landowners whose lot lines are being adjusted provide
written consent to the application; and
Response: Eugene Mason, the owner of Lot 2, and Irving Shecter,
Trustee of The Living Shecter Trust Agreement, the owner of Lot 3,
have agreed to the lot line adjustment in letters submitted to the
Planning Office.
c. It is demonstrated that the request is to address
specific hardship; and
Response: When Mr. Mason's residence was constructed in 1961, the
house was built up to the property boundary of Lot 2, resulting in
no setback between the residence and the Lot 2 property boundary.
The survey indicates that a concrete wall and porch associated with
the residence on Lot 2 encroaches across the platted property
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boundary onto Lot 3.
It is considered a hardship that some of
to Lot 2 are actually located on Lot 3.
will rectify this problem.
the improvements belonging
This lot line adjustment
d. The corrected plat will meet the standards of this
division, and conform to the requirements of this
chapter, including the dimensional requirements of the
zone district in which the lots are located, except in
cases of an existing nonconforming lot, in which the
adjustment shall not increase the nonconformity of the
lot; and
Response: The Aspen Grove Subdivisio
n is zoned R-15B, which requires a minimum lot area requirement of
15,000 sq.ft. Lot 2 is platted at 14,245 sq.ft., a nonconforming
lot of record, and Lot 3 is platted at 15,750 sq. ft. The applicant
is proposing to increase the size of Lot 2 by 1,057 sq. ft. through
this lot line adjustment and decrease the size of Lot 3 by the same
size, thus switching the non-conforming parcel from Lot 2 to Lot
3.
The gross square footage of both parcels is 29,995 sq.ft.,
therefore one of the parcels will remain nonconforming in size
regardless of the configuration of the lot line adjustment. Staff
had asked the applicant to "even out" the lot area of the parcels
making them as close to 15,000 sq. ft. as possible, however, the
applicant wanted to maintain the legal description of the agreement
between property owners made in 1967.
staff has concern that the increase of 1,057 sq. ft. to Lot 2
switches the nonconformity from one parcel to the other. This,
however, does not increase the nonconformity but just moves it to
another property. This is a slightly unusual request because the
1967 agreement between the property owners sets an "agreed to"
property boundary and that Lot 3 is vacant, thus not affecting any
floor area issues associated with existing development.
e. It is demonstrated that the lot line adjustment will not
affect the development rights or permitted density of the
affected lots by providing the opportunity to create a
new lot for resale or development.
Response: The applicant will not be permitted to increase the
floor area attributable to Lot 2 by the increase of 1,057 sq. ft.
to the parcel.
RECOMMENDATION: The Planning Office recommends that the Planning
Director approve the applicant's request for the lot line
adjustment as it complies with the requirements of Section 24-7-
1003(A) (1) of the Aspen Municipal Code, subject to the following
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conditions:
1.
The new lot line must be monumented and
the final plat before submitting the
recordation.
so indicated on
final plat for
2. The plat should contain a Title Certificate to confirm
the ownerships. The planning director I s certif icate
should be re-titled to read City of Aspen Planning
Department or city Planning Director Approval, and the
signature line should be revised to delete the reference
to Pitkin County. There is a separate director for
county planning.
3. The surveyor's certificate or a note on the drawing must
state that the survey was performed in accordance with
Colorado Revised statutes 1973, Title 38, Article 51, as
amended from time to time, and that the survey closes to
1:10,000. The lot area needs to be indicated also to the
nearest 0.001 acre. The plat also needs to indicate the
zone designation of the lots and adjacent subdivision
parcels unless unplatted, in which case label as
unplatted.
4. The Plat shall be signed and recorded within 180 days
from the date of this approval, otherwise the approval
will be rendered null and void.
5. The floor area for Lot 2 shall be based on the originally
platted lot size of 14,245 sq. ft. and floor area for Lot
3 shall be based on the revised lot size of 14,693, less
areas within existing dedicated rights-of-way or surface
easements.
APPROVED:
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city of Aspen Planning D'rector
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MEMORANDUM
To: Mary Lackner, Planning Office
From: Chuck Roth, Engineering Department ~
Date: May 26, 1994
Re: Mason Lot Line Adjustment
Having reviewed the above referenced applieation, the Engineering Department has the
following comments:
1. Monumentation - The new lot line must be monumented and so indicated on the final
plat before submitting the final plat for recording.
2. Plat Certificates - The plat should contain a Title Certificate to confirm the ownerships.
The planning director's certificate should be re-titled to read City of Aspen Planning
Department, or City Planning Director Approval, or similar, and the signature line should
be revised to delete the reference to Pitkin County. There is a separate director for
county planning.
The surveyor's certificate or a note on the drawing must state that the survey was
performed in accordance with Colorado Revised Statutes 1973, Title 38, Article 51, as
amended from time to time, and that the survey closes to 1:10,000. The lot area needs
to be indicated also to the nearest 0.001 acre. The plat also needs to indicate the zone
designation of the lots and adjacent subdivided parcels unless unplatted, in which case
label as unplatted.
3. Drivewav - The Engineering Department has participated in two meetings concerning
this property, one with realtors and one with a prospective property owner. We have
discussed design and use of the public right-of-way. Private parking for the residence may
not encroach into the public right-of-way. The property owner needs to obtain a permit
from the City Streets Department prior to performing any work in the McSkimming Road
public right-of-way.
4. Site drainage - The applicant is reminded that any new development must provide for
no more than historic flows to leave the site. Any increase to historic storm run-off must
be maintained on site.
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5. Work in the Public Right-of-way - Given the continuous problems of unapproved work
and development in public rights-of-way adjaeent to private property, we advise the
applicant as follows:
The applicant shall consult city engineering (920-5080) for design
considerations of development within public rights-of-way, parks department
(920-5120) for vegetation species, and shall obtain permits for any work or
development, including landscaping, within public rights-of-way from city streets
department (920-5130).
cc: Bob Gish, Cris Caruso
M94.263
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ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5197
MEMORANDUM
DATE:
City Engineer
Mary Lackner, Planning Office
Mason Lot Line Adjustment
Parcel ill No. 2737-181-04-013
May 16, 1994
TO:
FROM:
RE:
Attached for your review and comments is an application submitted by Eugene Mason.
Please return your comments to me no later than May 31.
Thank you.
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Pitkin County
Mr. Dennis B. Green, Esq.
715 West Main Street, Suite K
Aspen, CO 81611
Re: Mason, Lot Line Adjustment
Dear Dennis;
I am writing in response to your letter dated April 13, 1994, in which you have
requested my opinion regarding the Lot Line Adjustment done by Eugene Mason in
1967.
Based upon the Warranty Deed from Marie Mason to Irving and Lise B. Shechter
dated January 27, 1967, it is my opinion that the conveyance from Mason to Shechter
was prior to the 1974 downzoning and Pitkin County Comprehensive subdivision
regulations and therefore legal at that time.
Should you have any further questions, please give me a call.
Yours truly,
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Jo~ M. Ely ~
Assistant County Attorney
Pitkin County
JME/jch
4.52
Administration
530 E. Main, 3rd Floor
Aspen, CO 81611
(303) 920-5200
FAX 920-5198
County Commissioners
SuiteS
506 E. Main Street
Aspen, CO 81611
(303) 920-5150
County Attorney
Suite I
530 E. Main Street
Aspen, CO 81611
(303) 920-5190
Personnel and Finance
SuiteF
530 E. Main Street
Aspen, CO 81611
(303) 920-5220
Transportation
Facilities
76 Service Center Road
Aspen,C081611
(303) 920-5390
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Ssnclitv of Gmtrad
STEWART TITLE
OF ASPEN, INe.
620 E. HOPKINS' ASPEN, COLORADO 61611 . (303)925.3577' FAX: (303) 925-1364
April 21, 1994
Dennis B. Green
715 W. Main, suite K
Aspen, CO 81611
RE: Lots 2 and 3, Block 1, ASPEN GROVE SUBDIVISION; Our Order No.
20996
Dear Mr. Green,
Per your request, I have searched the public records relating
to ownership of Lots 2 and 3, Block 1, Aspen Grove Subdivision.
Title appears to be vested as follows:
Title to Lot 2 and a portion of Lot 3 (more fully described on
Exhibit "A" on attached hereto) appears to be vested in Eugene S.
Mason,
Title to Lot 3, less and except a portion (more fully described on
Exhibit "B" attached hereto) appears to be vested in Irving
Shecter, Trustee of The Living Shecter Trust Agreement Dated March
9, 1987.
Although we believe the facts stated are true, this letter is
not to be construed as an abstract of title, nor an opinion of
title, nor a guaranty of title, and it is understood and agreed
that Stewart Title of Aspen, Inc., neither assumes, nor will be
charged with any financial obligations or liability whatever on
any statement contained herein.
Sincerely,
AP~
Peter P. Delany
Senior Vice presiden
Enclosures
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SCHEDULE A
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PROPERTY DESCRIPTION
ORDER NO: 00020996
EXHIBIT "A" (MASON)
Lot 2, Block 1, ASPEN GROVE SUBDIVISION, according to the Plat
thereof recorded in Ditch Book 2A at Page 246,
AND
That portion of Lot 3, Block 1, ASPEN GROVE SUBDIVISION, lying
Southwesterly of a line drawn between a point on McSkimming Road,
being 2 feet Northeasterly of the most Southerly corner of said
Lot 3 and a point N. 24 degrees 59 minutes E. 17.00 feet from the
most Westerly corner of said Lot 3.
County of Pitkin, State of Colorado
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SCHEDULE A
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PROPERTY DESCRIPTION
ORDER NO: 00020996
EXHIBIT "B"
(SHECTER)
Lot 3, Block 1, ASPEN GROVE SUBDIVISION, according to the Plat
thereof recorded in Ditch Book 2A at Page 246,
EXCEPTING
That portion lying Southwesterly of a line drawn between a point
on McSkimming Road, being 2 feet Northeasterly of the most
southerly corner of said Lot 3 and a point N. 24 degrees 59
minutes E. 17.00 feet from the most Westerly corner of said Lot 3.
County of pitkin, State of Colorado
r-ram : DelTli s Green
PHOc,fO No.
303 925 8240
May.27 1994 8:13AM P02
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FRQ" ~f~~ R'~ OFFr~~'~
Eusrene Mason
',45 l'4oS1<!aming Road
Aspe.n CO 8161.2
25 March 1994
Dear Gene;
] 11 anewr:" I,.a YO\,l'" ",..quest. of last night, here is a
brier lette~' contaip.il'lS the !nfOrffi",t:-!on cOT1oerninq
t;he II/H't. lot l.ine between your l.nt: 2 and my Lot 3
in AI,P",lI G.Qve Bloc]< 1. I Gin' torm<<l1y write it in
dffidavi~ ~QL<m and hnve in nota",i2ed for yoU if that
i$ neco~r.ary. Saa if thl~ will suffice.
Wl'lEon wt 3, rl1oe]t 1, 1\i>pGltl. Grove Snbdivi aion was
purchase~ (January 27,1967) 'by my wife and myself
from Marie S. MaSon, the locatioTh of the existing
lot line between Lots 2 and 3 was Changed. The changa
increased the eitoe of Lot 2 and decre",-sed the si,~e of
Lot :3 by increasing easterly by :I feet t.he frOt'll: lot line
of Lot 2 and increasing easterly by 17 feet the back lot
line (paralleling the S~lvation Ditch). It. was assumed
by both parties ~hat any easement ~long the old line would
be tranferred to the new line similarly retlecting changes
from sales permitting relocation of lot linea as noted on Page 1,
Item 2 of the Restrictions for Aspen Grove Subdivision, Block 1
recorded AUgUBC 14,1958 by the pitkin County Clerk.
adequatE!:
Bnc10sed 2 pages from R@st~iction~
1994 1.5:45
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Apr. 14 1994 4:06PM Ra1
From DenniS Green
.
PHONE No. : 303 925 8240
DENNIS B. GREEN
Auomcy at Law
Tl!1J'l'Ilf>NE :\(LM2HUU~
1t~ w. MhJl"l ~.,.,. ~'JrrnK
~PRNt ftll..oR.,,\DO fU61 1
'11:!LOC."OPlEK 'Un.925-8240
April 4, 1994
RoOky Mountain Natural Gas
Mr. Ray Patch
113 Atlantio Ave.
Aspen, CO 81611
sent ~ facsimile to 925-2325
Dear Mr. Patch:
1'his letter will 000f1:l:. our conversation earlier today
r4t9C1rding the relocation of the e...._en1: bet:w....n Lot.. 2 And :I of
the ABpen Grove subdivision.
Attached is .. copy of an exoerpt of the ..urv..y which
IndlCl1ltBs the IIlOst lj,kely relocation of the easmoent: bAtween Lot.
2, owned by Bugene Mason (lilY client) and Lot 3, owned by Irv
Schecter. It: is possible, after 901nq through the process
required by the planning Office that the new easement: will
actually be III bit farther away fro. the existing house on Lot 2.
In any event, the new easement will extend the entire distance
from the fx-ont of the lots to conneot with the utility easelllent
at the baCk of L.Ots 2 and 3. I.... informed that thoro are no
natural gas or utility lines Which have been installed within the
eas_ent between LOts 2 llnd 3, but. P6rhaps you can cbgc);:. this.
If Reeky Mountain Natural Gas has no objection to the
relocation of the easement, please signify by having this letter
signed by the appropriate person in the space below. P19a~e call
_ if there are any problems or you neod further informat.ion.
Thank you for your consideration in thi~ natter.
Sinoare1y,
~~~
ROOky Mountain lIatural Gas hereby states that it consents to
the relooation of the utility easement between Lots 2 and 3,
Aspen Grove Subdivision, as stated above, provided that the
easement shall not be abandoned and that there will remain an
easeJlIlnt between said LotS.
Dated: April 11? , 1994.
:;c~~~urJ.~
I'f'R-14-1994 15:47
303 925 8240
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Attorney at Law
TELEPHONE 30.3-925-1885
715 W. MAIN ST., SUITE K
ASPEN, COLORADO 8161]
TELECOPIER 303-925-8240
April 15, 1994
Mr. Bob Ballinger
Holy Cross Electric Association
215 Aspen Airport Business Center
Aspen, CO 81611
Sent by facsimile to 945-4081
Dear Mr. Ballinger:
This
regarding
the Aspen
letter will confirm
the relocation of the
Grove Subdivision.
our conversation earlier today
easement between Lots 2 and 3 of
Attached is a copy of an excerpt of the survey which
indicates the most likely relocation of the easement between Lot
2, owned by Eugene Mason (my client) and Lot 3, owned by Irv
Schecter. It is possible, after going through the process
required by the Planning Office that the new easement will
actually be a bit farther away from the existing house on Lot 2.
In any event, the new easement will extend the entire distance
from the front of the lots to connect with the utility easement
at the back of Lots 2 and 3. I am informed that there are no
electric or utility lines which have been installed within the
easement between Lots 2 and 3, but perhaps you can check this.
If Holy Cross Electric Association has no objection to the
relocation of the easement, please signify by having this letter
signed by the appropriate person in the space below. Please call
me if there are any problems or you need further information.
Thank you for your consideration in this matter.
Sincerely,
/~ r ~
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Holy Cross Electric Association hereby states that it
consents to the relocation of the utility easement between Lots 2
and 3, Aspen Grove subdivision, as stated above, provided that
the easement shall not be abandoned and that there will remain an
easement between said Lots.
Dated: April ~711, 1994.
~
Holy Cross Electric Assoc.
By: k€vr~J~~
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, ' A'I.TlICHMENl' 1
__",AND USE APPLICATION FClRM
1) Project Name Aspen Grove subdivision Lot Line Adjustment
2) Project I.ocation 0145 McSkimminq Rd.. Aspen, Colorado, 8Hill
Lot 7. Rlnrk 1. lI.c::p:::::m ~r......'Ua 511'hCiuh;:iGl:J.
(in::licate street ad:D:ess, lot & block l1l.Illt>er, legal description where
awrqJriate)
3)
Present Zonirq
R-15B
4) lDt Size 14,245 sq. ft.
5) Awlicant' s Name, 1\&:lresS & fhone j/ Euqene Mason,
0145 McSkimming Rd., Aspen, CO, 81611, 925-3305
6)
Representative's Name, 1\&:lresS & fhone j/
Dennis B. Green, Attorney At Law,
715 W. Main, Suite K, Aspen, CO, 81611, 925-1885
7) Type of Awlication (please d1eck all tbat awly) :
COrrlitional Use Conceptual SPA
eon::ept:ua1 Historic Dev.
Special Review Final SPA
Final Historic ,Dev.
8040 Greenline eorcept:ual roo
stream Margin Final roo
Min:>r Historic Dev.
Historic Dem:llition
M::mrt:ain view Plane SUlxlivision
.
_ Historic Designation
Corrlaniniumization _ TextjMap ~
--2L lDt SplitjIDt Line
lIdjustm:mt
_ Qa3 Allot:Irent
_ Qa3 ExaIption
8)
Description of
awraximate sq.
property) .
EKist.iIq Uses (pmhor ani type of exi.stin::J, st:J::uctures~
ft. ~ pmhor of kili.uuu5~ ~ previous ~ granted to the
One two-story sinale faro; 1 y l1nmp. ? ?'14 <:::lJ -F+ no pro"'!'; ("me:! aDDrO"V'nl s
9) Des=iption of Develqm:mt Awlication
Lot line adiustment ,.lith adiacent Lot 3 of ~:;mMivi!=d()n to rn:)rlb~ rl ~~t- n;::ark"
between improvements and property boundary.
10) Have y= att.ache::l the foll~?
Respollse to At:t:a.ctmEnt 2, Mininum S>,m;c:.c:.ion O:lntents
Respollse to At:t:a.ctmEnt 3, Specific Sl1m; c:.<<ian O:lntents
X llespollse to Attachment 4, Review starrlards for YaIr Awlication
"
-
-
-
ATTACHMENT 4
Review Standards - Description Of Pro;ect
This application is made pursuant to Section 7-1003(A)(1) of
the city's Land Use Regulations which allows a lot line
adjustment between contiguous lots under certain conditions.
Aspen Grove Subdivision was subdivided and platted in
approximately 1958 when still part of Pitkin County. Lot 2,
belonging to the applicant Eugene Mason, was created to be 14,245
square feet while Lot 3, belonging to Irving and Lise Schecter,
was 15,750 square feet.
In 1961 Mason constructed his home, a single family
structure of 2,234 sq. ft., engaging a contractor upon whom he
relied with regard to having the house built with proper set-
backs and other requirements. Unknown to Mason, the contractor
built the house too close to the property line between lots 2 and
3 and certain improvements (a porch and walkway) were constructed
partially encroaching onto Lot 3. This problem was later
discovered and in 1993 and Mason and Schecter agreed to have a
surveyor redraw the lot line between their properties. See Ex.
"A", excerpt from surveyors plat.
The Applicant is requesting that
and 3 be adjusted as indicated in Ex.
size of the Lots as follows:
the lot line between Lots 2
"A", which would change the
Originallv
As Adiusted
Lot 2
14,245
15,302
(I
I
Lot 3
15,750
14,693
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This Application would meet the standards of section 7-
1113(A)(1) as follows:
The request is for an insubstantial boundary change between
adjacent parcels both of which would remain at or very close to
the minimum lot size of 15,000 sq. ft. for the R-15B zone
district. Mr. Schecter has already indicated his consent to the
application and his written consent will be obtained before final
approval of this Application. The request is to address a
hardship created through no fault of Mr. Mason, who relied on a
licensed contractor to build his house with due regard to the
correct boundary lines.
Lot 2 will now become a conforming lot by exceeding the
15,000 sq. ft. minimum lot size for the zone district. While Lot
,,,..'....
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3 will drop below the 15,000 m1n1mum lot size, it will do so only
by an amount which is insignificant compared to the total size
requirements of the zoning district. Lot 3 will be a mere 307
sq. ft. below the 15,000 sq. ft. required, i.e. it will be within
two percent of the size required. Lot 3 is an existing
nonconforming lot because it was created while the properties
were subject to the prior zoning before being annexed into the
city. The proposal does shift the nonconformity from Lot 2 to
Lot 3, however the Application leaves the City with just one
nonconforming lot, which is the same as before the proposal. The
proposal does not increase the nonconformity of lots inherent in
the situation which was created innocently and in compliance with
the requirements in existence when Aspen Grove was subdivided.
Similarly, there is nothing in
provide the opportunity to create a
development or to increase the overall
the proposal which would
new lot for resale or
density in the area.
----~- 0/1994
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sunV(l'on nF.L1EO ON TUE TlflE":unURANCE POUttE' '1'10101 Iacono AOHnACI
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3. TIlE TITLE POLlCl!! A80V-(\~i~~!!.p' ~~. TIlE 8UIlOINO nE,TRICTlONS IN AnECT ON
TltE I'nO"EnTY A' R(cOROEb;';~~:,~:~?:O~:1114 AT PUt 419, p....TENT REHRV....TlON.
UfO E"'EMt"n "s 'HOWl" QI(:.t.ij~:i.~~ECORDEO SUIIDIVISION PLAT.
<4, UTILITY LOCATlOH1 OTIl(R TIlj"N.~':;I\o;r"'''IOWN AA( _UNllNOWN TO ,uRVEYOR.
INFORMATION:
liE A "nAIOIIT
,unv[YOl\ !tAD TO CALCULAU: on A'SUME filE rOLlOWING
,I'" .."V).I[O TilE NOATltF..A!lTEnl.'l' BOUHDARY OF LOT 2. TO
TWO 121 DI,TAUC(' AnE SlIOWN lIUT NO eEII111HG'.
{BJ CALCULATED A OI"IINCE rOR Tilt 'OUTHWE"EltLY \.OT 1 1l0UNOAA;Y.
(cl C^-t.CUlAIfO A U:Anl,.,O rOR ,OUTHERLY BOUNDUI'l' LOT 2.
(01 CIILClJLATEO A IIE...RINO ron Tll( NORJlIE...,TERLY LOT 2 eDUNnARY.
If: I TilE LOT ...AE....' ron LOri 1 AND I DO NOT c....LCULATE TO THOH. ,UOWN ON
IIlE ,UIlOIVI'JIOtl "lAT.
Ir! THE TAlIGET [HSTlltICE ron lOT I HonTlll::...,TEnLY BOUNO...RY DOES 1I0T AOREE
1'11111 THt ROAO 'TATIOIIINII. If THE DurANCE '''OWN FO" TIlE TANDET
WERE TO I'" V S"!:: o. TIlt HonTJt(Rl.Y lor BOUNOAI1Y WOULD NOT AonEE '0 TIlE
rLAnED OI'>T^,"CE. ~unVEyon U'EO A DurANCE TI....r AGREED Willi flit
ROAD ~TATlONIN().
10J TilE Of:ED I1rcono(O IN noolC 1tll AT rAGE ]1:1 CIILl' fon Ml (lfCEl'tlON
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'd.DNO THE ARC 1I0llNo^-nY NOT A ,'nAIOllT UNtl. ...HO A POINT Ht~~1l0''[
IT.OO FEET f110'" .TIlE ,",O.H WE'lTERLY conllEn or LOT 3. TIlE lolo,r WE5T(nlY
LOT CQIIHe:n or lOT' 1'1 1.2. Ft:(T "o,,!!.,',.. or Tll( Lor IIOUNOA"'1 cnUIl'F.
H 1.,," ~o'(. ,unv(yon <:T...AJ(O ^T TilE ,",O,T WE,TEnl'l' COIIIIEA or Lor "
TIl(HC( WEN[ ^LOtlO. TIlE lor !tOUNOAR'I' M:lO.:ltl't 1.2 rEET AHO TII(H
AlONlI TIlE H 2<4"'0'E 1I0UNOAIlY TlIF. nElIAIHIHO l:l.ll rEET. THE (I(EO
Al"O ['SIAOLl,Il(' ^- UTILITY (AHU(HT IILOIIO TIlE: HEW LINE. rV1 FEET
OH ElTllF;1I: "0(. ,unVE'l'OFl lNT(FlPFI[T(O Till' (AH~,l[IH TO IH IN ADDITION
TO THE 'V, DIVISION [A,OI[lH ALOHO THE LOT 1I0UNOAAI[S.
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FLOOD IllH'71AllC( "RoaRM". rLOOD rH~WRAHCE RArE "'A'
HUloClIF.R OlOj1 CO 10-4C. THE PROPERTY IS WlTIlIH TilE
"I( AREA OUT'lD( THE :lOO-YEAR FLOOD PLA1H.
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DO COIHIRIol IlEIlEn,. THA' rill!! PLAT WA!! "IlErA"(D rOR EUGENE IoCA'ON
OF A ,UAV(Y rERrORIolEO A'I' U1Hlr OR UIIDER IolY DIAEC' ftE!lP.0IlSltllt.1T1.
'Ur(AvlStOIl AIlO CllEClClllO IN ",A,Y OF \193. ON TIlE PRop(nTY LOC...TED IN
ASPEN IJAOV( ,ueOIVI!!ON TO A!!Ct/UA.IN THE 1I0UNOAAIE' OF TIl(
PROPERTY. IMrnovu.IEHU, M'O ANY EHCflOAC'llolEHTS Tll'EnEOH. TIlE 80UIIOARl'
,,",ONUI.I(Hr' '''OWN IIEREOll, WEllE roUHO OR 'ET AT TIlE r1WE OF lllE ,UFlVE" OF
'^-IO rnopr::RTY. Alia SAID i.lo'lu~Ell" AFlE AcCUnAT(LY AND CORnECTLY ,HOWN
HEn(ON. ALL DI",(N'IIOII' AHO DETAIL' '''OWN IIEnEON ARE conREcf TO TilE
BE' r Of I.IY ICNOWL (DOF..
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if/Project:!iYl. JZ.........t loA,
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No of Copies: _
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-
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Slroot
Aspen. Colorado 81611
(303) 920-5090
LAND USE APPLICATION FEES J 131 ' 1'6 / ~ 0 J( - 0 / J
CITY:
-63250-134 GMP/Conceptual
-63270-136 GMP/Final
-63280- 137 SU8/Conceptual
-63300-139 SUB/Final
-63310-140 AII-2 Step Applications
-63320-141 All 1 Step Applications
-63330-150 StaH Approval
-63432-157 Zoning Plan Check
-63432- 157 Sign Perm~
-MR011 Use Tax for Sign Permits
HISTORIC PRESERVATION:
-63335-151
.63336.152
-63337-153
-63338- 154
-63339-155
Exemption
Minor
Major DeveL
Signff, DeveL
Demolition
COUNTY:
-63160-126
-63170-127
-63180-128
-63190-129
-63200-130
-63210-131
-63220-132
-63230-133
-63240-149
-'53450- 146
-63235-148
GMP/General
GMP/Detailed
GMP/Final
SUB/General
SU8/Detailed
SUB/Final
All 2 Step Applications
All 1 Step Applications
StaH Approval
Soard of Adjustment
Zoning Plan Check
REFERRAL FEES:
-63360-143
-63340-163
-63340-190
-63340-205
Engineering - County
Engineering - City
Housing
Environmental Heatth
00115
00123
00125
PLANNING OFFICE SALES:
-63080-122
-69000-145
County Code
Other (Copy Fees)
TOTAL
Name: ?,~.-."' _A ,
- J
Address: <.; 'I jj <; trt ~
,4 1/' (lO'
i ./
(""'"'~..-
Check #:
-J'vI/) ,-ft).-.A '"
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