HomeMy WebLinkAboutcoa.lu.ec.Merriam-Lot Split.028A-84
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City of Aspen
PROJECT NAME: jJ4jJiJ,,!fl'~ ltj~t .
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APPLlcAN~l1l.tt(cL ,( ~t ~(Jlffi. Co &{ItJ((
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CASE NO. J
STAFF: G\.~-\\e...
REPRESENTATIVE:
TYPE OF APPLICATION:
I. GMP/SUBDIVISION/PUD (4 step)
1.
2.
3.
Conceptual Submission
Preliminary Plat
Final Plat
II. SUBDIVISION/PUD (4 step)
1.
2.
3.
Conceptual Submission
Preliminary Plat
Final Plat
III.
EXCEPTION/EXEMPTION/REZONING (2 step)
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IV.
SPECIAL REVIEW (1 step)
1. Special Review
2. Use Determination
3. Conditional Use
4. Other: 'i."RQ,\~ ~,......l.,\<;l'\~\
Phone: Q,J5 - 'Cf/7 ~
Phone:
(FEE)
($2,730.00)
($1,640.00)
($ 820.00)
($1,900.00)
($1,220.00)
($ 820.00)
($1,490.00)
($ 680.00)/
Oc/1
CC MEETING DAT.E:<;'~ DATE REFERRED:
- {<<, :(.."\\tf\(t\\"
P&Z MEETING DATE:
REFERRALS:
vi City Attorney
.v1 City Engineer
Housing Director
~ Aspen Water Dept.
____City Electric
~Aspen Consolo S.D.
____Mountain Bell
____Parks Dept.
____Holy Cross Electric
Fire Marshall
Environmental Hlth. ____Fire Chief
____School District
____Rocky Mtn. Natural Gas
____State Hwy Dept. (Glenwood)
____State Hwy Dept. (Grd. Jctl
____Building Dept.
____Other:
FINAL ROUTING:
____City Attorney
____City Engineer
____Other:
____0ther:
FILE STATUS AND LOCATION:
Ck,.d PD., j}jJL-oo
,
DATE ROUTED: /0;/6,;"'1 [1;:J
____Building Dept.
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DISPOSITION:
CITY P&Z REVIEW:
CITY COUNCIL REVIEW:
lolllYLI
Ordinance No.
CITY P&Z REVIEW:
CITY COUNCIL REVIEW:
Ordinance No.
CITY P&Z REVIEW:
CITY COUNCIL REVIEW:
Ordinance No.
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APPLICATION FOR EXPEDITED REVIEW OF
EXCEPTION FROM SUBDIVISION REGULATIONS
Request is hereby made on behalf of John F. Merriam and Lucy
L. Merriam, as owners of an undivided 47/50th interest, and Gail
Angotti Merriam, James Alexander Merriam and Joan Alexander
Merriam, as owners of an undivided 1/50th interest, each, (here-
inafter jointly referred to as "Applicants") under Section
20-19(c) of the Municipal Code of the City of Aspen, Colorado,
for an expedited review of this Application for Exception from
Subdivision Regulations.
The Applicants are seeking to divide
their property into two separate lots, Lot I containing the
existing single-family dwelling and Lot 2 for the eventual con-
struction of a single-family dwelling (hereinafter referred to as
the "Merriam Property").
REQUEST FOR EXPEDITED REVIEW
Section 20-19(c) grants authority to the City Council to
hear Exceptions from the Subdivision Regulations, without prior
consideration by the Planning and Zoning Commission. The City
Council may grant exceptions from the standard requirements of
Chapter 20 and grant final subdivision approval when the City
Council, in its sole discretion and judgment, deems certain
requirements to be redundant, serve no public purpose and to be
unnecessary in relation to the land use policies of the City of
Aspen.
The Applicants request that the City Council except the
division of the Merriam Property from the following subdivision
requirements:
S20-10
S20-11
S20-12
S20-13
Conceptual Presentation
Preliminary Plat -
Preliminary Plat
Preliminary Plat
Procedures
Contents
Public Hearing
BASIS FOR SUBDIVISION AND EXPEDITED REVIEW
The Applicant seeks final approval of a plat which
designates the division of the Merriam Property into two lots.
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The Planning and Zoning Commission and the City Council have
recognized that it is in the best interest of the City to sim-
plify the processing of a subdivision application if the Code
requirements are redundant, serve no public purpose, and are
unnecessary in relation to the land use policies of the City.
Processing of this Application should proceed directly to the
City Council to avoid redundant review of the Plat and because
consideration of the Application will not involve an analysis of
the land use policies for Aspen.
The standard review process is unnecessary in relation to
the proposed division of the Merriam Property because this pro-
posal has no effect on the Subdivision's structural design,
street arrangement or traffic flow, recreation or open space.
Nor will this proposal affect the light and air standards, the
congestion of population, storm water runoff or the accessibility
of fire fighting equipment to the Subdivision. Furthermore,
approval of the proposal results in no nonconforming uses. Our
check in the amount of $680.00 payable to the City of Aspen
accompanies this application.
EXEMPTION FROM GROWTH MANAGEMENT QUOTA SYSTEM
Section 24-11.2(d) grants an exemption from compliance with
the allotment procedures set forth in Article XI for the con-
struction of one single-family residence on a lot subdivided
after November 14, 1977, where the following conditions are met:
(I) The tract of land which is being subdivided
has a pre-existing dwelling unit;
(2) No more than two (2) lots are being created
by the Subdivision.
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EXHIBITS TO APPLICATION
Accompanying this Application For Expedited Review of Excep-
tion from Subdivision Regulations is a Commitment for Title
Insurance No. BD-209119 issued by Aspen Title Company, Ltd.,
labeled Exhibit A, showing title vested in the Applicants. The
proposed Plat For The Merriam Subdivision is Exhibit B and a list
containing the names and addresses of all owners within 300 feet
of the Merriam Property is Exhibit C.
DATED this J..4.J1.. day of August, 1984.
HOLLAND & HART
By L:r/~:L J //'d~/
les T. Brandt
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EXHIBIT "B" ATTACHED AND MADE A PART OF
LAWYERS TITLE INSURANCE CORPORATION
COMMITMENT NO, BD-209119
Aspen Title Company, Ltd. File No, A84-240
EXCEPTIONS (continued)
6. The lien of all taxes and assessments for the 1984, and thereafter.
7. Reservations and exceptions as contained in United States Patent
recorded June 8, 1888 in Book 55 at Page 2 as follows:
proprietor of a vein or lode to extract and remove his
should the same be found to penetrate or intersect the
righ t of
ore therefrom,
premises.
8. Reservations and exceptions as contained in United States Patent
recorded June 28, 1905 in Book 136 at Page 333 as follows: the
premises hereby conveyed may be entered by the proprietor of any
vein or lode of quartz or other rock in place bearing gold, silver,
cinnabar, lead, tin, copper'or other valuable deposits for the
purpose of extracting and removing the ore from such vein or lode,
should the same or any part thereof be found to penetrate, intersect,
pass through or dip into the mining ground or premises; and right of
way for ditches or canals constructed by the authority of the
United States.
9. Reservations and exceptions as contained in United States Patent
recorded April 27, 1923 in Book 136 at Page 409 as follows: the
premises hereby granted, with the exception of the surface, may be
entered by the proprietor of any other vein, lode or ledge, the top
or apex of which lies outside of the boundary of said granted premises
should the same in its dip be found to penetrate or intersect or extend
into said premises, for the purpose of extracting and removing the ore
from such other vein, lode or ledge.
10. Reservations and exceptions as contained in United States Patent
recorded March 23, 1960 in Book 190 at Page 189 as follows: right of
way for ditches or canals constructed by the authority of the
United States.
11. All rights of way and easements of roads and ditches heretofore
granted or used, as excepted in deed recorded November 12, 1938 in
Book 166 at Page 84.
12. Any portion of the subject property, if any, lying within the railroad
right of way of the Denver & Rio Grande Railroad, as excepted in
deed recorded August 24, 1961 in Book 195 at Page 106.
13. Any tax, assessments, fees or charges by reason of the inclusion of
the subject property in Aspen Fire Protection District, Aspen Sanitation
District and/or Aspen Metropolitan Sanitation District and Aspen Valley
Hospital District.
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I1EHORANDU/,]
TO: Collete Penne, Planning Office
FROH:
Chuck R
ring Department ~~
DATE:
10, 1984
RE:
division Exception
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Having reviewed the above application and having made a site
inspection, the Engineering Department has the following comments:
I. The addition of a single family dwelling to this neighborhood
is acceptable in regards to supplies of u t il i ties except that
such a new structure would be on the order of 400' from the
nearest fire hydrant.. Requirement of the subdivider to provide a
new fire hydrant might be necessary and should be verified with
the fire department.
2. The Engineering Department requests that platting in accordance
with Sec. 20-15 be required for approval. The plat which was
submitted is lacking much of the information required in 20-15.
A portion of the Rio Grande Trail may be on the applicant's
property in which case an easement should be acquired. Also,
there are fences and many large trees which we should know if
they are in the R.O.W. The irrigation ditch is not shown.
3. The applicant should be informed that permits must be obtained
for removal of any trees on publ ic R. O.l~. <19-127) and any tree
on pr-ivate property over 6" in diameter <13 -7 6) and that such
removals are basically discouraged.
4. The river is not shown, not to mention the 100-year floodplain
line. A note should be on the plat stating the requirement for
Stream Margin Review for any improvements to be constructed
within 100 feet of the high water line (24-6.3).
5. Honuments must be found or set as an improvement which
protects the property owner, as well as neighbors, from encroachment
problems.
6. The applicant should be required to join improvement districts
per standard language available from the City Attorney's office.
7. The letter of application does not use the correct legal
description of the property. See the title insurance company
description .' The following would be a more appropriate description
of what the applicant owns and would like to subdivide:
A parcel of real property being part of Lots 10, 11 and
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ASPEN WATER DEPARTMENT
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
PLANNING OFFICE
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We have reviewed the application of John F. Merriam and since there is water in
the adjacent street and this is in an approved subdivision, we see no problem with
water supply, provided the applicant obtains the necessary permits for connecting
to the water system.
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MBJIORAlllDUII
TO:
Mayor Bill Stirling and Aspen City Council
Hal Schilling, City Manager !fZ.
Colette Penne, Planning Office
TH RlJ :
FROM:
SUBJECT: Merri
DATE: 9, 1984
ision Exception and GMP Exemption
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SUIUlARY:
The Planning Office recommends approval of subdivision exception for
the purpose of a lot split and an exemption from the GMP allotment
procedures for a single-family house on the newly-formed lot as per
Section 24-11.2(d).
PREVIOUS COUNCIL AC'l'ION:
Council has taken no previous action on this request. It is being
processed as an expedited (one-step) review which comes directly to
Council .
BACKGROUND:
The parcel is in the R-15 zone and contains 2.76 acres (120,225
s.f.). The property is located at 850 Roaring Fork Road. There is a
pre-existing dwelling on Lot 1 and a lot split is a low-density
alternative for the potential development of this parcel. Expedited
review is possible under Section 20-19(c) as a one-step process before
City Council, without prior review by the Planning and Zoning Commis-
sion. Exceptions from full subdivision and final approval can be
given when Council "deems certain requirements to be redundant,
serve no pUblic purpose and to be unnecessary in relation to the land
use policies of the City of Aspen."
A GMP exemption is allowed by Section 24-11.2(d) for the construction
of one single-family residence on a lot subdivided after November 14,
1977, where the following conditions are met:
1. The tract of land which is being subdivided has a pre-
existing dwelling unit;
2. No more than two (2) lots are being created by the subdivision.
3. The lot under consideration has not previously been the
subject of an exemption from GMP provisions or a "lot split"
exception or exemption pursuant to Section 20-19.
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PROBLER DISCUSSION:
This a pro-forma lot split in that the parcel is of ample size to be
subdivided into two lots, no more than two lots are being formed by
the subdivision, and the property has a pre-existing dwelling unit on
it. It is a low-density alternative, since the original dwelling is a
single-family house and the new lot will be given the right to a
single-family house through the exemption from GMP. Each resul ting
lot is far in excess of the minimum lot size of 15,000 s.f. required
in the zone. Lot 1 will contain 77,972 s.f. and Lot 2 will contain
42,601 s.f.
The lots both have access from Roaring For k Road, the Sanitation
District and Water Departments can serve the new residence, and the
Fire Department notes that the new structure must be within 600 feet
of the nearest hydrant (or one must be installed). The Engineering
Department's memos are attached (Exhibits A, B and C) and outline
several plat changes which will be enumerated as conditions.
ALTERRATIVES: N/A
FINANCIAL IMPLICATIONS: None.
ADVISORY COJUU'l'TBB VOTE: N/A
RBCOIUlBRDATION AND PROPOSED 1I0TIOR:
The Planning Office recommends the following motion:
"I move to approve subdivision exception for the purpose of a lot
split of the parcel as submitted and to further approve a GMP
exemption (per Section 24-11.2 (d)) for the construction of a
single-family house on the newly formed lot with the following
condi tions:
1. Installation of a new fire hydrant unless one is within 600
feet of the proposed structure.
2. Provision of a ten foot easement for Holy Cross Electric,
five feet on each side of the property line shared by Lots 1
and 2.
3. An existing easement (IO' wide) must be indicated on the
plat for the overhead power line.
4. The applicant must record a Statement of Subdivision Exception
which is approved as to form by the City Attorney's Office.
5. Applicant must agree to join any future improvement districts
in the event they are formed.
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6. A park dedication fee will be required for construction of
the new house.
7. The subdivision plat must conform to Section 20-15 and 20-16
and be approved by the City Engineering Department prior to
recordation. Specific plat changes to be made are listed in
as Items 2, 4, 5 and 7 on the Engineering Department memorandum
of September 10, 1984 (attached as Exhibit .c.).
8. The plat must indicate that no further subdivision may be
granted for these lots nor additional units be built without
receipt of applicable approvals pursuant to Chapter 20 and
an allocation pursuant to Section 24-ll.l.
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MEMORANDUM
TO: Colette Penne, Planning Office
FROM: Chuck Roth, City Engineering Department ~~
rriam Subdivision Exception
RE:
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This is a second addendum to the memo of September 10. At that time.
we had not been able to determine utility easements. One easement
is requested by Holy Cross Electric Company, a ten foot easement, five
feet on each side of the property line shared by Lots 1 and 2.
The purpose of easement is to provide for undergrounding of utilities
and to provide the utility companies with access thro~gh the parcels
to the rear lot lines.
__~ In addition, an existing easement needs to be indicated on the plat,
ten feet wide, for the existing aerial line that crosses the property.
If you would like me to communicate this information myself to the
applicant, please let me know.
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EXHIBIT "An ATTACHED AND MADE A PART OF
LAWYERS TITLE INSURANCE CORPORATION
COMMITMENT NO. BD-2091l9
Aspen Title Company, Ltd. File No. A84-240
LEGAL DESCRIPTION:
Parcel 1
A tract of land located in the Southeast one-quarter of the Northeast
one-quarter and the Northeast one-quarter of the Northeast one-quarter
of Section 12, Township 10 South, Range 85 West of the 6th P. M.
Part of said tract being all of Lots 15 through 25 and part of Lot 14,
Block 4 of the Aspen Company Subdivision. Said tract is described
as follows:
,
BEGINNING at a point on the center line of the Roaring Fork River at
low water whence the Southe~t corner of the Northeast one-quarter
of the Northeast one-quarter of said Section 12 bears East 178.88 feet;
thence North 50 45' West 53.00 feet along the center line of the
Roaring Fork River at low water;
thence North 230 00' West 70.00 feet along the center line of said river
at low water;
thence North 580 51' West 28.11 feet along the center line of said river
at low water to the intersection with the Northwest line of Lot 25,
Block 4, Aspen Company Subdivision as extended Northeasterly;
thence South 490 52' 40" West 335.23 feet along the extended Northwest
line of said Lot 25 to the most Westerly corner of said Lot 25;
thence commencing on a bearing of South 400 07' 20" East around a
curve to the right whose radius is 168.50 feet for a distance of
171.90 feet along the Westerly line of said Block 4 to the most Northerly
corner of Lot 14, Block 4, Aspen Company Subdivision;
thence South 570 59' 30" East 123.53 feet to the most Southerly corner
of said Lot 14;
thence South 650 53' 20" East 200.00 feet
said Lot 14 to center line of Roaring Fork
thence North 50 10' East 179.87 feet along
thence North 50 45' West 215.00 feet along
to the POINT OF BEGINNING.
along the extended South
River at low water;
the center line of said
the center line of said
line of
river;
river
Parcel 2
A tract of land being a part of Lots 10, 11 and 14 and all of Lots 12
and 13
Block 4
ASPEN COMPANY SUBDIVSION
described as follows:
BEGINNING at Corner No, 1, which is the Southwest corner of Lot 10,
Block 4, Aspen Company Subdivision according to the plat therefor, said
corner being also common to the most Easterly corner of Lot 9, Block 4;
thence diagonally Westerly to the Northeast corner of said Lot 10, said
corner being coincident with the most Westerly corner of Lot 11, Block 4;
(con tinued)
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LAWYERS
BD-209119
A84-240
EXHIBIT "A" - LEGAL DESCRIPTION (continued)
thence Northerly along the Westerly boundary line of Block 4 being
also the Easterly boundary of the street as shown on said plat to
the Northeasterly corner of Lot 14, Block 4 (being the most Northerly
corner of said Lot 14 as located and described in deed recorded
in Book 195 at Page 106) this being coincident with the most Westerly
corner of Lot 15, Block 4;
thence South 570 59' 30" East to the Southwesterly corner of said
Lot 14, this being the most Southerly corner of said lot;
thence Southerly and Westerly along the Easterly boundary line of
said lots to Corner No.1, the PLACE OF BEGINNING,
EXCEPT:
That part of said Lots 10 and 11, ~lock 4 conveyed to Lydia T. Jonas
in deed recorded in Book 20r'at Page 562.
All being in Pitkin County, Colorado.
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MEMORANDUM
TO: Colette Penne, Planning Office
FROM: Chuck Roth, City Engineering Department l:~
DATE: mber 17, 19
RE: Exception
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This is an addendum to the memo of September 10. I have reached the
fire department and have been told that the requirement regarding
distances to fire hydrants in residential areas is that the furthest
point of the structure be within 600 feet of the nearest hydrant.
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EXHIBIT C
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ASPEN TITLE COMPANY, LTD.
530 East Main Street
Aspen, Colorado 81611
TITLE REPORT NO. A84-273
PROPERTY OWNERS ADJACENT TO THE FOLLOWING DESCRIBED PROPERTY:
Please see Exhibit "A" attached and made a part
hereof.
PROPERTY OWNERS
Elizabeth H. Paepcke, as Executrix of the Estate of Walter Paepcke
Elizabeth H. Paepcke
c/o Morrison and Morrison, Ltd.
105 West Adams
Chicago, Illinois 60603
Jean Parkes May tag
845 Roaring Fork Road
Aspen, Colorado 81611
Martin J. Raynes
c/o MJR Co.
425 East 61st Street
New York, New York 10021
Lawrence S. Searcy
Aubrey K. Searcy
1949 Stemmons Freeway
Dallas, Texas 75207
Anne F. Farish
2200 Willowick
Houston, Texas 77027
J. R. Sturgis and
J. R. Sturgis as Trustee of the J. P. Sturgis Trust "B"
730 East Durant Street
Aspen, Colorado 81611
Gary Fred Thomson and Sara Figi Thomson as Trustee of the Thomson
Family Trust dated March 12, 1982
820 Roaring Fork Road
Aspen, Colorado 81611
Aspen Center For Environmental Studies, a Colorado non-profit corporation
100 East Puppy Smith Road
Aspen, Colorado 81611
(continued)
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ASPEN TITLE COMPANY, LTD. TITLE REPORT NO. A84-273
Property owners adjacent to Merriam Property
Albert Kern
Susan Kern
Box 389
Aspen, Colorado 81612
Elizabeth Grindlay
Box 2154
Aspen, Colorado 81612
Jack S. Crandall
Gesine A. Crandall
Box 1066
Aspen, Colorado 81612
Edwin A. Lynch
Box 423
Aspen, Colorado 81612
A. Ray Lavender
Rosemarie R. Lavender
Box 1129
Aspen, Colorado 81612
Henry E. Catto, Jr.
Jessica H. Catto
lID East Crockett Street
San Antonio, Texas 78205
Jean Holton
Jean Holton Westfeldt
c/o Patrick Westfeldt
Box 8789
Denver, Colorado 80201
The County of Pitkin
506 East Main Street
Aspen, Colorado 81611
Joan B. (Ball) Lane
Box 46
Aspen, Colorado 81612
Esther F. Goodrich
Hugh Robert Goodrich
Priscilla Goodrich Rea
c/o James A. Hall & Associates, Inc.
Suite 412
9494 Southwest Freeway
Houston, Texas 77074
(continued)
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ASPEN
CITY
MEMORANDUM
DATE: s~e-; 25,~
TO: coiet~enne
FROM: City Attorney
RE: Merriam Lot Split
Attention should be paid to the standards of Section 24-11.2(d),
and any approval should be conditioned upon statement of exception
approved by my office and subdivision application approved by the
City Engineer.
We further note that the application form is excellent and
recommend its use with regard to similar applications. We also
suggest that all land use applications be executed by the owner of
the property, not merely the property owner's attorney.
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MEMORANDUM
TO:
Cit;J! Attorney
....Gtl..x En gin e e r
~~Water Department
~pen Consolidated Sanitation District
FROH:
Colette Penne, Planning Office
Merriam Lot Split
RE:
DATE:
August 29, 1984.
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Attached is an application submitted by Holland & Hart on behalf of
the applicant John F. ~Ierriam, requesting expedited review for a subdivi-
sion exception. The applicants wish to divide their property into two
separate lots, Lot I containing an existing single-family dwelling and
Lot 2 for 'a proposed single-family dwelling in the future. Please
review this application and return your referral comments to the
Planning Office no later than September 7, 1984, in order for this
office to have adequate time to prepare for its presentation at a
public hearing before the Aspen City Council on September 24, 1984.
Thank you.
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PUBLIC NOTICE
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RE: Merriam Lot Split
NOTICE IS HEREBY GIVEN that a public hearing will be held before
the Aspen City Council on October 9, 1984, at a meeting to begin at
5: 00 P. M., in Council Chambers, 130 S. Galena, Aspen, Colorado, to
consider an application submitted by John F. Merriam requesting a lot
split of his property located on Roaring Fork Drive, into two separate
lots, one containing an existing single-family dwelling and the other
to contain a single-family dwelling in the future.
For further information contact the Planning Office, 130 S. Galena,
Aspen, Colorado 8l6ll (303) 925-2020, ext. 223.
s/William Stirling
Mayor, Aspen City Council
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Published in the Aspen
City of Aspen Account.
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l'RRTIPICATE OP MAILING
I hereby certify that on this /7../1-. day of SeIJJl-i01"~ ,
198L, a true and correct copy of the attached Not{ce of Public
Hearing was deposited in the United States mail, first-class
postage prepaid, to the adjacent property owners as 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 aforementioned public notice.
{fJA!fi~/1J. &aL
Ja~et Lyn Racza~
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MEMORANDUM
TO: City Attorney
City Engineer
Aspen Water Department
Aspen Consolidated Sanitation District
FROB:
Colette Penne, Planning Office
Merriam Lot Split
RE:
DATE:
August 29, 1984
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Attached is an application submitted by Holland & Hart on behalf of
the applicant John F. Merriam, requesting expedited review for a subdivi-
sion exception. The applicants wish to divide their property into two
separate lots, Lot I containing an existing single-family dwelling and
Lot 2 for a proposed single-family dwelling in the future. Please
review this appl~cation and return your referral comments to the
Planning Office no later than September 7, 1984, in order for this
office to have adequate time to prepare for its presentation at a
public hearing before the Aspen City Council on September 24, 1984.
Thank you.
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DENVER OF"F"ICE
SUITE 2900
555 SEVENTEENTH STREET
DENVER,COLORADO 80202
TELEPHONE (303) 295-8000
TELECOP1ER (3031 295-82:61
HOLLAND & HART
ATTORN EYS AT LAW
WASHINGTON, D, C. OFFICE
SUITE 1200
1875 EYE STREET, N. W.
WASHINGTON, O. C. 20006
TELEPHONE (202) 466-7340
TELECOPIER (202:1466-7354
600 EAST MAIN STREET
ASPEN, COLORADO BISII
TELEPHONE (303) 925-3476
MONTANA OF"F1CE
SUITE 1400
175 NORTH 27TH STREET
BILLINGS, MONTANA 59101
TELEPHONE (406) 252-2:166
TELECOPIER (406) 252-1669
WYOMING OFFICE
SUITE 500
2020 CAREY AVENUE
CHEYENNE, WYOMING 82001
TELEPHONE (307'1632-2160
TELECOPIER {307) 778-8175
CHARLES T. BRANDT
1984
5. E.DENVER OF"FICE
SUITE 12:50
7887 EAST BELLEVIEW AVENUe::
ENGLEWOOD, COLORADO 80111
TELEPHONE (303)7041-1226
Ms. Colette Penne
130 South Galena Street
Aspen, Colorado 81611
Re: Merriam "Lot Split"
Dear Colette:
Accompanying this letter is the Application for Expedited
Review of Exception from Subdivision Regulations for the Merriam
property together with our check in the amount of $680.00 to cover
the fee for expedited review. Please confirm and let me know that
this application will be handled under the expedited review proce-
dure and, if so, when it will be scheduled to be presented to City
Council. Thank you.
Very truly yours,
ChH.QIL 3.c ..J.:::lbb
Charles T. Brandt
for HOLLAND & HART
CTB/bb
Enclosures
CC to:
John F. Merriam
COMMITMENT:
1 Otflce Lotil-;'()rl~
2 Dilte Inconle Reponed
3 Case Numlm'
4 TransilcllOn Code
5Llilbillty
.. Charge
7 Enctor$f'rnl'nl Code
8 EndDfsement Charge
9 r al~1 f,,-'vl-'r1ue
"-'T""'-'-'-r-~ -- - ,-".
10 Slate Code
11 County Code
12 p.'')f!rly lype
- . ~'1~ 'S7>lHCH 01 BusmflSS
14 CommlssloniRelPntoon
EXHIBIT A
EE14
11 13
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L
kwyers l1t1e Insurance (9rporation
National Headquarters
Richmond. Virginia
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date Jill,. 30. 1984 at 8100 A. N.
Case No .&84-240
2. Policy or pOlicies to be issued
(al
Ii ALTA Owner's Policy-Form 8-1970 (Rev. 10-17-701
o ALTA Residential Title Insurance Policy-1979
Proposed insured:
Amount $ _ M "toP-. 1~
(c) Amount $
Proposed insured:
to U DlTl!llvnnm
(bl ALTA Loan Policy, 1970 (Rev. 10-17-70)
Proposed insured-
3. Title to the IDlR.I estate or interest in the land
described or referred to in this Com Otmant is at t e effectivedateher80f vested in:
Jour. _TDf ... LUCY L. .....TDf - 41/50. lacu..t: (.. _ P_ll) ... all ~t
(.. _ Pual 2)
GAIL AIIGOITI .,..u. - 1/5Oda t.acerut: (M _ P&Tql 1)
.uJIIII AT ....- -U. - 1/JOda ~ (.. t:e lueel 1)
JOAII ..t........... _n. - l/50tIa 111~ (.. _ Perca1 1)
4. The land referred to in this Commitment is described as follows:
PL&Ull SIB 'UIIftTT MA" A'I"'~ AJIJ) _ A PAU -.
AIl'DI UD.E CCIII'A\II. LtD.
CounterSig~:~_~I/ ........ Co~.
...' /'
.,,"- .-/
~<,'" ."
....,.-~ ". ./>'? /"::"'. ../')
, .~;' ".' '__.' .r'O .-
" Authorized Officer or Agent
Form No. 91-B8lSCH_ Al
~//t--
Commitment No. D-2ft9n.
Schedule A-Page 1
This commitment is invalid unless
the Insuring Provisions and Sched-
ules A and B are attached.
kwyers l1t1e Insurance (9rporation
National Headquarters
Richmond. Virginia
SCHEDULE B-Section 1
JIen1aa
Al4-Z40
Requirements
The following are the requirements to be complied with
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest
to be insured.
Item (b) Proper mstrument(s) creating the estate or interest to be insured must be executed and duly filed for record,
to-WIt
1. DM4l f_ .I" 1'. IIarrUa aM Lec7 L. ~ all Gdl ....tti
lIurba aM ~ AlA, ft~ IIftrlAa aM .leG IIftrlAa
....t1Da f.. aSap1e titl. 1a . pa'RJ tit lie at .
11OD: UplIIII r.e1pt of __ of
aIAI1tia 1 ........_ca ..,. lie
I_.-a ....
EYU-"!-l of ~I UU_1:. w1
'laz OI:lIf.. 17l~ JIo. 20
.f dae ba1 "tate ~....
This commitment is invalid unless
the Insuring Provisions and Sched-
ules A and B are attached.
Form No. 91-88(8-1)
Schedule B-Section 1 -Page 1 -Commitment No. ......m9n9
,~.
""'> ,
'1
fu...wyers Title Insurance (9rporation
Home Office-Richmond, Virginia
,
SCHEDULE B-Section 2
Merriam
.&.84-%40
Exceptions
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to
the satisfaction of the Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which
a correct survey and inspection of the premises would disclo e and which are not shown by the
public records.
4. Any lien, or right to a lien, for services, labor or material h etofore or hereafter furnished, im-
posed by law and not shown by the public records.
5.
in
the public records or attaching subsequ
proposed insured acquires of record for
by this Commitment.
P1.RASE S
IXHIBIT "B
ACHED A)ID MADE A PART BEUOF.
Exceptions numbered
none
are hereby omitted.
The Owner's Policy to be issued, if any, shall contain the following items in addition to the ones set forth above:
(1J The Deed of Trust, if any, required under Schedule B-Section 1, Item (b).
(2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing issuance
thereof; water rights, claims or title fo water.
(3) Any and all unpaid taxes, assessments and unredeemed tax sales.
Schedule B-Section 2-Poge I-No. ltn..'MOHO
Form 91 -88 82 Rocky Mt.
rVTI"lI A. ,...noV
Page Two
Merriam Subdivision Exception
September II, 1984
14, and all of Lots 12, 13, 15-25, Block 4, Aspen
Company Subdivision, and unplatted portions of the
North Annexation (described by metes and bounds).
These lot lines should be shown on the plat.
8. Lot 2 as sholm has only 20 feet of frontage on Roaring Fork
Road. Although this is sufficient to allow access to the parcel,
it "doesn't look right." One problem that could come up would be
if improvement districts were formed with assessments to property
owners calculated on frontage lengths. In such a case, the owner
of proposed Lot I would be assessed 91% of the improvements along
the total frontage of the existing parcel.
CR/co/MerriamSubdivisionException
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