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HomeMy WebLinkAboutcoa.lu.ec.850 Roaring Fork Rd.A22-90 ,. '" CASELOAD SUMMARY SHEET city of Aspen DATE RECEIVED: 3/30/90 DATE COMPLETE: PARCEL ID AND CASE NO. 2735-121-20-003 A22-90 STAFF MEMBER: J:.::r PROJECT NAME: Merriam Lot SDlit and Project Address: 850 Roarinq Fork Legal Address: Lot Line Ad;ustment Road APPLICANT: James A. Merriam Applicant Address: REPRESENTATIVE: Paul Taddune 600 E. HODkins 5-9190 or Representative Address/Phone: Dick Durrance. 467 Snowmass Club Circle. Snowmass Villaqe. CO 3-5745 PAID: YES NO AMOUNT: $870 NO. OF COPIES RECEIVED: 1 ..2.t")u"..~ TYPE OF APPLICATION: 1 STEP: 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO CC Meeting Date 6/1<//90 VESTED RIGHTS: YES PUBLIC HEARING: ~ VESTED RIGHTS: @ NO NO ;fZ NO - cf Planning Director"Approval: Insubstantial Amendment or Exemption: Paid: Date: REFERRALS : ~ city Attorney ~ City Engineer Housing Dir. Aspen Water City Electric Envir. Hlth. Aspen Consolo S.D. Mtn. Bell Parks Dept. Holy Cross Fire Marshal1 Building Inspector Roaring Fork Energy Center School District Rocky Mtn Nat Gas State Hwy Dept(GW) State Hwy Dept(GJ) Other DATE REFERRED: Lf/3/~ INITIALS: li? FINAL ROUTING: DATE ROUTED: /1- j...q I INITIAL: a.-- \/ 6R.o 3:, ___ City Atty ~ city Engineer ___ Zoning Env. Health ___ Housing Other: FILE STATUS AND. LOCATION: ........ i - ,". ~ POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That I, JOAN ALEXANDER MERRIAM, 1884 Mountain View Drive, Tiburon, California, reposing special trust and confidence in my father, JAMES ALEXANDER MERRIAM, 1884 Mountain View Drive, Tiburon, California, have made, constituted and appointed, and by these presents do make, constitute and appoint the said JAMES ALEXANDER MERRIAM, my true and lawful attorney-in-fact for and in my name, place and stead, for my sole use and benefit to enter into financing, closing, deeds of conveyance, bills of sale or other agreements, including without limitation, land use applications to subdivide, lot split or adjust the lot lines, entering into agreements with adjoining property owners, and making charitable donations affecting the following described real property: That property located at 850 Roaring Fork Road, City of Aspen, County of Pitkin, State of Colorado, more particular- ly described on Exhibit "A" attached hereto and made a part hereof. Hereby giving and granting unto said attorney-in-fact full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as I might or could do if personally present inc~uding, but not limited to, the following acts and deeds: sign, execute, deliver and acknowledge any and all letters of credit, agreements, assumptions of Con- 1 " ... , - - -,,",, ',,' tract To Buy or Sell, Option contracts, receipts for monies paid, deeds, assumption documents, settlement statements, loan dis- closure statements, promissory notes, loan documents, assign- ments, releases, waivers, affidavits and any such other instru- ments in writing of whatever kind or nature as may be necessary to effect the sale, purchase, financing, closing and transfer of title of the above-described real property and to execute land use applications, agreements with adjoining property owners, to make charitable donations, execute conservation easements, plats and any such other documents or agreements effecting the property and land use applications in connection therewith. My attorney-in-fact shall have full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as I might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that my attorney-in-fact shall lawfully do or cause to be done by virtue of this Power of Attorney and the powers herein granted. Third parties may rely upon the representations of my attorney-in-fact as to all matters relating to any power granted to my attorney-in-fact, and no person who may act in reliance upon the representations of my attorney-in-fact or the authority granted to my attorney-in-fact shall incur any liability to me or 2 ," -. - ....... to my estate as a result of permitting my attorney-in-fact to exercise any power. This Power of Attorney shall not be affected by my dis- ability. Executed fe.. , 1990. ~f,A OMl,ooifA fib "an; J an exan er Merriam STATE OF CALIFORNIA ) ./JA ) ss. COUNTY OF /I'uv,t:./ iI ) a~The foregoi~ instrument I day of ffL.-',UL.er Merriam. was acknowledged before me this , 1990 by Joan Alexander witness my hand and official seal. / ./".. ~"/4.U ~/L..I ~~y PUbl~ II ~ /11b~ s.e-N.l-i Address My commission expires: A d ;).2 1 q I SPECIMEN SIGNATURE OF ATTORNEY-IN-FACT: p\908 OFF1Cl1\L SE~~ . llARllARA E~'FORN'" 1..1f1 PUBLIC' . . NO .. ~'NT! " MARl>. """'PR ~'J( xp\res 1'\ ~ My camm. '. . ..... 3 ~"/v~M " ,i# '>11 '.....,; j1W . .'~._.:..l.:'"..l"f'.IC:'-"....J......t.;....~~~';: ~IJ1JK 479 p~~.6112 EXHIBIT " " tra~t of 1an~ 10cat.~ in the aoutheaat \ of the north.aat \ an~ the nortb.aat ~ of the north.aat \ of Section 12, Townahip 10 lo~th, Range 15 Weat of the 6th P.".. Part of aai~ tract being all of Lota 12, 13, 15 through 25 an~ part of Lota 10, 11, an~ I., Block.., Aapen Coapany Sub~iviaion being .ore fully ~eacribe~ aa.follow., Beginning at a point on the center line of the Roaring Fork ~iver at low water whence the aoutheast corner oi the northe..t \ of the northeaat \ of aaid Section 12 beara east nl.18 bet, thence. 050.5'W 53.00 feet along the centerline of aai~ river at low. water. thence... 23000'W 70.00 feet along the centerline of aai~ river at low. water,' thence. 5105l'w 21.11 feet along the centerline of aaid river at low vater' to the interaection with the northweat line of Lot 25, Block ., Aapen Company su~iviaion a. extended northeaaterly, thence ..'052'.00 . 335.23 feet along the e.ten~e~ northweat line of '.ai~ Lot 25 to the aoat weaterly c~rner of aaid Lot 25, thence coaaencing on a bearing of B 01027'.30 II aroan~ a curve to the ei,ht Whoae ra~ia. ia 161.50 feet for a ~iatance of 221.00' feet along the veaterly line of ..id Block 4; tMDce;. 26054'10. II 120.2. feet, tbence'..cOl:mltncing on a bearing of R .5'3:;']8" II aroun~ a cune to the left Whoae radius la 322.19 feet for 5n arc length of 53.27 feet; thence. 35015' II 65.97 feet, . thence . '5~53'20. E 200.00 feet along the extended aouth line of .ai~ lot 1. to centerline of Roaring Fork River at low vater, thence. 05010' E 179.17 feet along the centerline of aai~ . r her at low water, thence . 050~~' W 215.00 feet along the centerline of laid' river at low water to the point of beginning containing 2.768 acrea aore or lea.. "'%'Y~~' ; .... /J";,;} . [~\ I,..... . ~...I/..': A..... .:......" ;'", , J<!;'. ,.~~; ~.I.~1"~.... . . ,I: . .. ~ 1.~ !~~:.~-:,',~.~.,. ~.'~ . . " . " ..-c"' ,I , I 1" I ! ....... 'o.~ CERTIFICATE OF POSTING I hereby certify that I posted the Notice in the manner required by Section 6-205Eb of the Aspen Land Use pertaining to the Merriam Lot Split/Lot Line Adjustment public hearing to be held Said Notice was posted on July 27, 1990. ~Q /~~ Paul J. T~ddune ~ , PUBLIC NOTICE RE: MERRIAM LOT SPLIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday,~ ~ _ ~~, ~JJ__~t a meeting to begin at 5:00 pm. before the Aspen city Council, City Council Chambers, 130 S. Galena street, Aspen, to consider an application submitted by James Merriam requesting approval of a Lot Split, Lot Line Adjustment and vesting of development rights for a Lot Split. The applicant proposes to divide the 2.76 acre property located at 805 Roaring Fork Road, Aspen, into two lots. For further information, contact the Aspen/Pitkin Planning Office, 130 S. Galena Street, Aspen, CO, 920-5090. s/William L. Stirlinq. Mavor Aspen City Council ----------------------------------------------------------------- ----------------------------------------------------------------- Published in The Aspen Times on July 26, 1990. City of Aspen Account. ~,;t& '/~J~ 7/,)5/90 1M- ,....... .~..,.#' TADDUNE, HAZEN & ESARY ATTORNEYS AT LAW ASPEN PROFESSIONAL BUILDING 600 EAST HOPKINS, SUITE 301 ASPEN, COLORADO B1611 ........, - PAUL J. TADDUNE, P,C. ERIN F. HAZEN, P.C. GARY S. ESARY, P:C. AREA CODE 303 925-9190 925-9577 Mayor and Aspen city Council 130 South Galena Aspen, Colorado 81611 RE: Merriam Lot Split Application Dear Mayor and Members of the city Council: We have requested that the Merriam Lot Split and Lot Line Adjustment as approved by Ordinance No. 33 (Series of 1990) be presented to council for purposes of reopening the public hearing. Although, the hearing was noticed in the newspaper and we believe that all of those impacted were aware of the proceedings discussed by the city council, the required notices were not mailed due to miscommunications with the planning Office. Therefore, to fulfill this procedural ~equirement we have re-noticed the matter for your attention at the August 13, 1990 council meeting. Very truly yours, TADDUNE, HAZEN & ESARY C~"'.,~--., ~""'1~ Paul J. Taddune PJT:km cc: Kim Johnson, Planner Kathryn Koch, City Clerk p\lt\mayor , 13 ,., MEMORANDUM -=me b TO: Mayor and City council FROM: Carol O'Dowd, City Manager f,~ Amy Margerum, Planning Director~ Kim Johnson, Planner THRU: THRU: DATE: RE: Merriam Lot gplit / Lot Line Adjustment Notification as Required by Land Use Code. Public ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: Due to a notification error, this item comes back to Council for public hearing as required by the Lot Split requirements. City Council had second reading and public hearing of Ordinance 33 on June 11, but it does not stand because of the lack of required mailed notification of adjacent property owners. Planning recommends that Council have another second reading of Ordinance 33, open public hearing, and approve Ordinance 33, Series of 1990. PREVIOUS COUNCIL ACTION: First reading was on 5/14/90. public mailing notification was Second reading without required on June 11. BACKGROUND: Exemptions from Subdivision process for Lot Splits require publication in the newspaper and mail-out notification by the applicant. The City Clerk's office made the appropriate publication. The Planning Office received a list of adjacent property owners, but the applicant thought the city sent out the notices. RECOMMENDATION: Planning recommends that Council have second reading of Ordinance 33, open public hearing, and approve the Merriam Lot Split / Lot Line Adjustment. ALTERNATIVES: The Council could choose not to have second reading of Ordinance 33, preferring instead to start the entire ordinance adoption procedure from the beginning with a first reading. PROPOSED MOTION: I move to have second reading of Ordinance 33 Series of 1990, open public hearing, and approve the Merriam Lot Split / Lot Line Adjustment. CITY MANAGER COMMENTS: .::z C-C'I e:: v'- . ,-.. CERTIFICATE OF MAILING I hereby certify that I have placed a copy of the attached Notice in the U.S. mail, postage pre-paid to the people listed on the attached sheet this ">", ,.~"'\ ..".,/ PUBLIC NOTICE RE: MERRIAM LOT SPLIT NOTICE IS HEREBY GIVEN that a public hearing will be held on Monday, _u __ u meeting to begin at 5:00 pm. before the Aspen City Council, city Council Chambers, 130 S. Galena street, Aspen, to consider an application submitted by James Merriam requesting approval of a Lot Split, Lot Line Adjustment and vesting of development rights for a Lot Split. The applicant proposes to divide the 2.76 acre property located at 805 Roaring Fork Road, Aspen, into two lots. For further information, contact the Aspen/pitkin Planning Office, 130 S. Galena Street, Aspen, CO, 920-5090. s/william L. stirlinq. Mavor Aspen city Council ----------------------------------------------------------------- ----------------------------------------------------------------- Published in The Aspen Times on May 24, 1990. City of Aspen Account. , /) t/ C, ,A;:: (',: ./ '"" . ./ I . ....'.,~ "i< iI ~4'~~j(-.+.'", ,t, c ~'-\. .., A'ITAOlMENl' 1 I1\ND USE APPLICATION ~ 1) Project Name Mirriam Lot Split 2) Project lDcation 850 Roarinq Fork Road, Aspen. Colorado (inticate street adkess, lot & block IllJIIiler, legal description where awrcpriate) 3) Present zon.inJ R-15 4) IDt Size 2.76 acres (120, 225 square feet) 5) A{:plicant's Name, l\ddress & !bone jI J. Alec Merriam 1884 Mountain View Drive, Tiburow. CA 94920 6) Repr:s~ntative's Name, l\ddress & !bone jI Dick Durrance 467 Snowroass Club Circle. Snowroass. CO (TannnnPj Hn7.An ^' 'F.~nry, Suite 301, 600 E. Hopkins Aspen, CO 816ll) 7) Type of A{:plication (please dleck all that awly): Conlitional Use _ CoI'reptual SPA _ Conceptual Historic Dev. Special Review Final SPA Final Historic Dev. 8040 Greenline _ CoI'reptual RID stream Mazgi.n Final RID Minor Historic Dev. Historic DeDDlition Mcmrt:ain view Plane Subdivision . _ Historic Designation ConkIniniumization _ Text/MaP AmeI1dna1t -X- IDt SplitjIDt Line 1\djustDent 8) Description of 'EXiSt:inJ Uses (rami:ler ani q.pe of exi.stiDJ st:ruct:ures; awroximate sq. ft.; J1I1riv>r of h.dLU<.W5; any previ.a.Js awravals granted to the prq:>erty) . QU) Allut..-:.It _ QU) Exalpti.an Existina Resident,; al St:rll~t-llrp. nn,:::lo-c:::.rnry c:::.rrn,...t-nyp- . Square Feet of approximately 3,000 9) Description of Deve1~.t 1\{:plication Lot Split to create Lot 2 on Mirriam Subdivision Plat (approximately) 15,140.76 square feet) together with conservation easements 10) Have yaI attad1ed the followin.J? ----Jf.E-S Respoose to At:t:adlment 2, MinilDJm Snhni=ial O:rrt:ents ~ Respol.lse to At:t:adlment 3, Specific :::',hni=Un O:rrt:ents ~ Response to At:t:adlment 4, Review starrlal:ds for Your A{:plicatian -- ~ '-' TADDUNE, HAzEN & ESARY '-' ATTORNEYS AT LAW ASPEN PROFESSIONAL BUilDING 600 EAST HOPKINS, SUITE 301 ASPEN, COLORADO 81611 PAUL J. TADDUNE, P.C. ERIN F. HAZEN, P.C. GARY S. ESARY, P.C. MIIY ? 9 !900 AREA CODE 303 925-9190 925-9577 tllfiijl ~'_ j II _,.l,; Kim Johnson Aspen/Pitkin Planning Office 130 South Galena Aspen, Colorado 81611 RE: Merriam Lot Split Application Dear Kim: In furtherance of the meeting Dick Durrence and I had with you on May 23, this will confirm our understanding that the Merriams will not be penalized a reduction in developable floor area by donating the conservation easement to A.C.E.S. as set forth in the Application and discussed with the City Council at its meeting on May 14, 1990. I believe that this understanding is consistent with past policies of the city and county in encouraging property owners to convey conservation easements and not penalize them for doing so. Obviously, this is important to the Merriams, inasmuch as in working with A.C.E.S. and the planning office before submitting the Application, they were led to believe that they would not be penalized by donating the conservation easement. Thank you for your ongoing cooperation and assistance in this matter. very truly yours, TADDUNE, HAZEN & ESARY ~\ ~ Paul J. Tad<:iune PJT:km cc: Alec Merriam Dick Durrence p\lt\johnson , " " MEMORANDUM TO: Mayor and council THRU: Amy Margerum, Planning Director I] L)I/ THRU: Carol O'Dowd, city Manager FROM: Kim Johnson, planner DATE: t RE: Informational Items: conservation Easements, Newbury Park status, and Garrish Park ----------------------------------------------------------------- ----------------------------------------------------------------- conservation Easements: At the May 14 council Meeting, planning staff was asked by council to look into vlhat effect conservation easements have regarding the calculation of buildable floor area. The question was raised during discussion of the ;Merriam Lot split,' vlhich dedicates a sizable conservation easement along the property line with the Aspen Center for Environmental studies. The planning Office conferred with city Attorney caswall and concludes that land dedicated to conservation easements shall not be subtracted from gross lot size when determining buildable floor area, This adds incentive to set aside land for protection of sensitive areas. This decision does not affect other easements which may reduce lot size and buildable floor area. Newbury Park statuS: In recent weeks I have been meeting with representatives of the Eagles Club about their proposed improvements. The club will organize volunteers to make low-impact improvements which include horseshoe pits, a volleyball area and tent area for special events. Planning staff has determined that the improvements will not require full stream margin review, but will require an application for Planning Director's sign-off. Planning is working with the Parks Department on the development of this project. Garrish P{)rk: ~he Planning Office has conducted a pre-applica~io:1 ~eeting ~ith i:~~ ~~~~:~~~cn~ be~weell this city Park and the Prockter properLY, representatives of the applicant and the visit to Garrish Park to familiarize v~, . . city will make a site themselves with the J:.l<..A.i..,-.l ~ .-'-'- - -~.. PLui..J''''':..... .....-'-.'_....:.. , ,." ,-" ,.-""" '.., MESSAGE DISPLAY TO CC Amy Margerum Tom Baker CC Kim Johnson From: Jed Caswall Postmar~ 6:24 PM Status: Previously read Subject: Reply to: Conservation Easements ------------------------------------------------------------------------------ Reply text: From Jed Caswall: My reading of the Code provisions applicable to this issue(i.e., definition of "lot area"), and the state statute defining the nature of a conservation easement(c.R.S. Section 38-30.5-102), indicates that no violence would be done to the letter or spirit of the City's land use regulations by including the area within a conservation easement in calculating FAR. This is so because a conservation easement can be construed as an above surface easement, e.g., limitation on airspace usage as well as surface usage. Preceding message: From Amy Margerum: Can you research how we have handled conservation easements in the past in terms of calulating FAR. As you are aware, this came up at City Council last night. The question is: Do we penalize applicants on FAR if they agree to dedicate a conservation easement? My understanding is that we do not, but would like for you to look into it. Please see me if questions/comments. I would like to report back to CC on the 29th....Thanks! -------========x========------- " .... ., \ " '-- MEMORANDUM TO: ::::: :~::~Yc:::n:::.qe~/ ~ Amy Margerum, Planning DirectorCl Kim Johnson, Planner THRU: THRU: FROM: DATE: ~ _JV RE: Merriam Lot Split and Lot Line Adjustment and Vesting of Development Rights - GMQS Exemption, First Reading of Ordinance 33 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The Planning Office recommends approval with conditions of the Merriam Lot Split and Lot line Adjustment for the 2.76 acre lot at 850 Roaring Fork Road and Vesting of the Development Rights for three years. COUNCIL GOALS: This proposal reflects Council Goal # 14 which emphasizes fair and consistent treatment in governmental processes. In addition, the lot line adjustment works to achieve Goal # 5 concerning sensitivity to nature, animals and each other, and Goal # 10 to help preserve traditional character, including open space. BACKGROUND: The applicant seeks to split a 15,140 s.f. lot (Lot 1) off of a 2.76 acre (120,225 s.f.) lot (Lot 2). Also included in this package is a proposal to readjust the lot line between the subject property and adjacent property owned by Aspen Center for Environmental studies (A.C.E.S.) to permit the donation of land to A.C.E.S. In addition, a Conservation Easement is proposed on the plat which will give a buffer against development adjacent to the A.C.E.S. property line. The site is located in the R-15 zone district. Pursuant to section 7-1003 A. lot splits and lot line adjustments are exempt from general subdivision requirements and require approval by Council. Lot splits require a public hearing before Council. Also, as per memorandum from Sandy Stuller to Amy Margerum dated Dec. 5, 1989, subdivision approval shall be by ordinance. Therefore, Council is asked to approve the lot split and move to consider a first reading of Ordinance '33 for the Merriam Lot Split and Lot Line Adjustment and Vesting the Development Rights for three years. A lot split can only be approved if a detached single family residence is constructed on one of the lots as per section 7-1003 A. 2. There is an existing residence on Lot 2 which will remain. (Attachment "A") In 1984, a lot split was denied for this lot. Concerns with the J"""" '.,,,,,,,/ /.,., ....... proposal were based on inadequate street frontage and a general uneasiness with the lot split process. (Attachment "B") REFERRAL COMMENTS: City Engineer Chuck Roth forwarded comments. The following items are important highlights (Attachment "C"): Please note that this parcel (or a related parcel) was discussed at the Council meeting of April 23 as regards the setback from the top of the slope. It appears that the indicated building envelope is in accordance with ACES and pUblic interest. Prior to issuance of any building permits, the final plat must be signed and recorded. (a) A ten foot utility easement must be indicated on the plat along the front and side property lines. This will be for buried utilities and above grade appurtenances such as transformers and pedestals. (b) Survey monuments must be indicated as found or set. All property corners must be monumented. Property corners located in the river must be monumented by witness corners. (c) The existing driveway, edge of pavement, and irrigation ditch must be shown. (d) Since this plat also represents a property conveyance, the owner's certificate must include A.C.E.S. (e) Designate areas with slopes greater than 30%. There is a fence at the site which is not indicated on the plat. The fence must be shown on the plat. There is vegetation on the property and in the adjacent right- of-way which will require Parks or Engineering approval prior to removal. The allowable curb cut and driveway width for this property is eighteen feet maximum. The applicant is advised to note that slope reductions must be performed in order to determine developable area. Subsurface easements are not deducted in developable area calculations, but surface easements are. This may apply to conservation easement. PROJECT DISCUSSION: The proposed lot split and lot line adjustment complies with the subdivision exemption requirements of Section 7-1003. See Attachment "D" for complete listing of standards and responses. The applicant has worked with A.C.E.S. president Al Dietsch in developing the proposed plat. Mr. Dietsch co-signed the 2 ,......., .,-, "'../ .......... application submitted by the Merriams. The lot line adjustment affords better protection of the natural area important to to viability of the nature preserve. The conservation easement also adds to protection of the preserve's physical and visual integrity. Development Rights are automatically vested for a period of 18 months by Section 6-207 F. The applicant wishes to extend his vested rights to three years from date of approval by including the Vesting in Ordinance "33. This process is set forth in Section 6-207 E. RECOMMENDATION: Planning staff recommends approval of the Merriam Lot Split and Lot Line Adjustment and Vesting the Development Rights with the following conditions: 1.) The final plat shall include a prohibition against further subdivision and a requirement that additional development shall comply with the applicable provisions of the Land Use RegUlations. 2.) Filing of a Subdivision Exemption Agreement in a form approved by the City Attorney, and final plat with the City Clerk. 3.) The final plat shall satisfy the Engineering Department requirements of Section 7-1004 C. and D. of the Land Use Code. 4.) The final plat will be recorded only upon complete satisfaction of the above conditions. PROPOSED MOTION: I move to have first reading of Ordinance ~~ for the Merriam Lot Split and Lot Line Adjustment, and Vesting of Development Rights for three years. CITY MANAGER'S COMMENTS: ~ c",nc"r ATTACHMENTS: "A" "B" "C" "0" - Proposed Merriam Subdivision Plat Oct. 9, 1984 Council Minutes Engineering Referral Review Standards for the Lot Split and Lot Line Adjustment - Ordinance 327 under consideration jtkvjjmerriam.memo 3 '. I""" '-' "."" J MEMORANDUM To: Kim Johnson, Planning Office From: Chuck Roth, City Engineer ~ Date: ~ Re: Merriam Lot Split & Lot Line Adjustment Having reviewed the above referenced application, and having made a site inspection, the engineering department has the following comments: 1. Please note that this property applied for a lot split in 1984. Our records do not indicate if the application was approved nor if a plat was recorded. 2. The letter of application was not signed by an ACES representative. I do not know if this is significant. 3. Please note that this parcel was discussed, or another parcel, at the council meeting of April 23 as regards the set- back from the top of the slope. It appears that the indicated building envelope is in accordance with ACES and public interest, but you should check with Amy or Tom Baker and/or Al Dietsch about it. 4. Prior to issuance of any building permits, the final plat must be signed and recorded. (a) A ten foot utility easement must be indicated on the plat along the front and side yard property lines. This will be for buried utilities and above grade appurtenances such as transformers and pedestals. (b) Survey monuments must be indicated as found or set. All property corners must be monumented. Property corners located in the river must be monumented by witness corners. (c) The existing driveway, edge of pavement, and irrigation ditch must be shown. (d) Since this plat also represents a property conveyance, the owner's certificate must include A.C.E.S. (e) Designate areas with slopes greater than 30%. 5. There is a fence plat. Plat contents which include fences. at the site which is not indicated on the requirements include property improvements The fence must be shown on the plat. We r""", -'" .~/ '-' also need to confirm that the fence is not encr~aching into the public right-of-way. 6. There is vegetation on the property and in the adjacent right-of-way which will require parks or engineering approval prior to removal. The allowable curb cut and driveway width for this property is eighteen feet maximum. 7. The applicant is advised to note that slope reductions must be performed in order to determine developable area. Subsurface easements are not deducted in developable area calculations, but surface easements are. This may apply to the conservation easement. cc: Bob Gish, Public Works Director Jim Gibbard, Project Engineer memo 90.72 "'" yo TADDUNE, HAzEN & ESARY ATTORNEYS AT LAW ASPEN PROFESSIONAL BUILDING 600 EAST HOPKINS, SUITE 301 ASPEN. COLORADO 81611 o PAUL J. TADDUNE, P.C. ERIN F. HAZEN, P.C. GARY S. ESARY, P.C. AREA CODE 303 925-9190 925-9577 Leslie Lamont Aspen/Pitkin County Planning 130 S. Galena street Aspen, Colorado 81611 Department RE: Application for Subdivision Exemption for Lot Split and Lot Line Adjustment Pursuant to section 7-10038 850 Roaring Fork Road, Aspen, Colorado Dear Leslie: Enclosed please find a check in the amount of $860.00 to process the above-referenced application, together with two copies of the proposed plat. As we discussed at our conference on March 26th, we request vested rights approval with regard to this application. Very truly yours, ~,'. (AD~' :AZEN _& ESARY Paul J. Taddune, Esq. PJT:cd Enclosures cc: Mr. and Mrs. Merriam Dick Durrance PJT\540 -. ........ '-" March 12, 1990 Leslie Lamont Aspen/Pitkin County Planning Dept. 130 S. Galena st. Aspen, Colorado 81611 RE: Application for Subdivision Exception for Lot Split and Lot Line Adjustment pursuant to Section 7-1003A 850 Roarinq Fork Road. Aspen. Colorado Dear Ms. Lamont: Request is hereby made on behalf of James Alexander Merriam, Gail Angotti Merriam, and Joan Alexander Merriam as owners of property located at 850 Roaring Fork Road, Aspen, (hereinafter collective- ly "applicants") for lot split and lot line adjustment approval pursuant to the requirements of Section 7-1003 of the Land Use Regulations of the City of Aspen. The applicants seek to divide their property into two separate lots, Lot 1 upon which an existing single family dwelling is currently situated and Lot 2 for the eventual construction of a single family dwelling. It is applicants' intent and purpose that Lot 2 has a minimum of fifteen thousand (15,000) square feet of developable floor area (FAR) and this application is contingent on such result. Ap- plicants also seek to readjust the lot line between the subject property and the adjacent property owned by Aspen Center for Environmental Studies (hereinafter "ACES") to permit the donation and accrual of land to ACES. The requested lot split and lot line adjustment are depicted on the Subdivision Exception Plat of the Merriam Subdivision, prepared by Alpine Surveys, as revised January 29, 1990 submitted herewith (hereinafter the "Plat"). Mr. Dick Durrance, 467 Snowroass Club Circle, Snowroass, Colorado, (tel no: 923-5745) is the designated representative authorized to act on our behalf. In addition, our attorney similarly authoriz- ed to act for purposes of this application, is Paul J. Taddune, Suite 301, 600 E. Hopkins Avenue, Aspen, Colorado 81611 (tel no: 925-9190). The street address of the subject property is 850 Roaring Fork Road, Aspen, Colorado. A legal description and vicinity map appears on the Plat. 1 -- """ -.....I Also submitted herewith and made a part hereof is a certificate disclosing the ownership of the subject property, and listing the names of all owners, and all mortgages, judgments, liens, ease- ments, contracts and other agreements affecting the subject property and demonstrating the applicants' ownership for purposes of this application. This application complies with the substantive development review standards of Section 7-1003 concerning lot splits because the lot split is requested for the purpose of the development of 1 (one) detached single-family dwelling on Lot 2, and the following conditions are met: (a) The subject property is not located in a subdivision approved by either the Pitkin County Board of Commis- sioners or the City Council, and the subject property is described as a metes and bounds parcel which has not been subdivided after the adoption of the subdivision regulations by the City of Aspen on March 24, 1969. (b) No more than 2 (two) lots will be created by the lot split, and both lots will conform to the requirements of the underlying R15 zone district. (c) The subject property was not previously the subject of an exception under the provisions within the meaning of Section 7-l003A.2.C. (d) Applicants intend to submit and record a subdivision plat indicating that no further subdivision may be granted for the lots nor will additional units be built without receipt of applicable approvals pursuant to Article 7 and the growth management allocation require- ments of Article 8 of the land use regulations of the City of Aspen. In addition, applicants desire approval to readjust the property lines and establish the conservation easements as depicted on the Plat. In this regard, the application complies with the review standards of Section 7-1003 A.l. concerning lot line adjustments because the following conditions are met: (a) The application seeks to permit an insubstantial boundary change between applicant's property and adjacent property owned by ACES. As can be noted from the Plat, applicants seek to readjust the boundary line so as to allow additional, pristine property to accrue to the ACE'S property. (b) By its signature herein below, ACES consents to and joins in the application. ~- 2 ('\ ......... o (c) The lot line adjustment addresses the hardship present- ed by the ACES parcel; that is, ACES desires to main- tain the ACES parcel as a nature preserve. Allowing property to accrue to the ACES parcel will enhance its scenic value, and will assure that the portion of Applicants' property which will accrue to ACES will remain pristine and undeveloped. (d) The plat will meet the standards and conform to the applicable requirements of the Land Use Regulations of the City of Aspen. (e) Because the ACES property is an undevelopable nature preserve, the accrual of property to ACES will not provide the opportunity to create a new lot for resale or development. The following exhibits are attached in connection with this application. 1. Subdivision Exception Plat of the Merriam Subdivision. 2. Commitment for Title Insurance. 3. List of all property owners within 300 feet. Very truly yours, M;~ Angotti Merriam ((~Av-- ar Alex nder Merriam ~,,~fJ~~~~ IA/;rJ1~ Joan CONSENT AND JOINDER Aspen Center for Environmental Studies hereby consents and joins in to the foregoing application. p\755 A..J. D: "d-,~.~ Pr.eJ, ;cI.,.... t 3 < ,""", , CITY OF ASPEN PRE-APPLICATION CONFERENCE PROJECT:_)'I1-PX LA~. J... d- Sfhf APPLICANT'S REPRESENTATIVE: J.\.1...e/c.. YY\..Q~ =.v4 ,/ REPRESENTATIVE'S PHONE: 5 ~o?i9 ,gcJ....c~) plc.-tr'P9::r;:--=:s :?-L/S OWNER'S NAME:~I~r/ m~~ J.J35-/eJl-J-(;/ '--0 0 0 ::? SUMMARY SUMMARY 1. Type of APPlication:~ 2. Describe action/type of development being requested: ~ CL ~.1-0 QCJu-. ~ - ~l~ 5;~..i. PrvvJl,U(j t<'r'Y' \ J ~ - I 0'7':,7:,\\ID\.o-. S-tuC'lW'<'\ ~ J)-;X~~ 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Aqent Comments p ~~, 0 @b./L Q-^"3~~ 4 . Review is: (P&Z Only) ~C O~ Public Hearing: ~ (NO) (P&Z then to CC) 5. 6. Number of copies of the application to be sUbmitted:~ 7. What fee was applicant requested to submit: ~ r'1(O--:: --q:-E? 0 8. Anticipated date of submission: 9. COMMENTS/UNIQUE CONCERNS: ~L :J a.,eUJ ....../~(('~- frro.pre_app ~UIVIIVlIIIVIt:I'i I. .) l.oI1>" /'oUl"U'" . ~,.~. ~, EXHIBIT A r - 7 ,- 10 12 " 3 . & ,.,"'" 6 0 0 0 I I' B \ 11 13 M M M M I " kwyers lltle Insurance (9rporation National Headquarters Richmond, Virgmia COMMITMENT FOR TITLE INSURANCE SCHEDULE A Case No, A64-240 1. Effective Date July 30, 1984 at 8:00 A. K. 2. Policy or policies to be issued: Amount $ to"" 'h._ ~..t.'P"'M"-e-.~ (al ~ ALTA Owner's Policy-Form 6-1970 (Rev. 10-17.70) o ALTA Residential Title Insurance Policy-1979 Proposed insured: (c) Proposed insured: l TO BE DETERMINED (b) ALTA Loan Policy, 1970 (Rev. 10-17-70) Proposed insured: Amount $ 3. Tille to the SD:IPLE ,-- . estate or interest in the land described or referred to in this Com .tment is at t e effective date hereof vested in: JOHN 1!'. }!EFllUM and LUCY L. ,,"",llUJ.! - 47/SOth iuterest (85 to Parcell) and all interest (as to Parcel 2) GAn. ANGOTTI HKllllTUl - l/SOth iutereat (as to Parcel 1) JAMES ALEXANDER }oII'lIllUM - l/SOth interest (as to Parcel 1) JOAN ~111'YA1IDEll. Vl1ll11TAN - l/SOth interest (as to Parcel 1) 4. The land referred to in this Commitment is described as follows: PLEASE SEE EXBIllU "An ATTA.Mnm AHD HADE A PAn HEXEOl!'. Countersigned a1 /'// ..~oI'/""" 1".' '..' -..' ~.'7 . r- ~, _/:~."..., ASPEN TULK COKPANY. LTD. Aspeu. Colorado. , -;::::. . /. ,/, /..,/1. (/.-....-. . "' Commitment No. RD-20QllQ Schedule A-Page I This commitment is invalid unless the Insuring Provisions and Sched- ules A and B are attached. Authorized Officer or Agent r:M'" tJn ell_88 (SCH_ AI ,I"'_ \,-" 'c,., " EXHIllIT "A" ATTACHED AND MADE A PART OF LAWYERS TITLE INSURANCE CORPORATION COMMITMENT NO, BD-209119 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; , thenceSou'th 650 53" 20" East 200,00 feet along the extended South line of said Lot 14 to center line of Roaring Fork River at low water; thence North SO 10' East 179,87 feet along the center line of said river; thence North 50 45' West 215.00 feet along the center line of said river to the POINT OF BEGINNING. 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; (continued) /""" PITKIN COUNTY TITLE, Inc. Vincent J. Higens President Titie Insurance Company 601 E. Hopkins, Aspen, Colorado 81611 (303) 925-1766 . (303) 925-6527 FAX Christina M. Davis Vice President ADJACENT OWNER'S STATEMENT Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of colorado hereby certifies the following list is a current list of adjacent property owner's within three hundred feet of the Subject Property , as obtained from the most current Pitkin County Assessors Tax Rolls. NAMES AND ADRESSES --------------------------------------------------------------------------------------- BRIEF LEGAL DESCRIPTION JAMES A. MERRIAM JOAN ALEXANDER MERRIAM GAIL ANGOTTI MERRIAM TRACT IN THE SEl/4NEl/4 & NEl/4NEl/4 OF SECTION 12-10-85W OF THE 6TH P.M.(SU8JECT PROPERTY) I, 8ERMUDA PROPERTIES LOT 4, SECOND ASPEN CO. SUB. C/O POLLNER, MEZAN, SIDNEY & SCHWARTZ 360 LEXINGTON AVE. NEW YORK, N.Y. 10017 2, ELIZABETH H. PAEPCKE 105 WEST ADAMS CHICAGO, IL. 60603 3, ALBERT & SUSAN KERN C/O LORRAINE RICHAROS 202 WOODSIDE ROAD WEST BARNSTABLE, MA. 02668 4, ELIZA8ETH GRINDLAY P.O. BOX 2154 ASPEN, CO. 81612 5, JACK S. & GESINE A. CRANDALL P.O. 80X 1066 ASPEN, CO. 81612 6. LEONARD A. LAUDER C/O ESTEE LAUOER 767 FIFTH AVE. NEW YORK, N.Y. 10153 ATTN: LYNN OISCHMANN 7. THE EDWARD ARTHUR GOLDSTEIN TRUST 416 COMSTOCK AVE. LOS ANGELES, CA. 90024 LOTS 5, 6, 7 & 7A, SECOND ASPEN CO. SU8. LOT 1, BLOCK 1, GREEN ACRES SUB. LOT 2, BLOCK 1, GREEN ACRES SUB. LOT 3, BLOCK 1, GREEN ACRES SU8. LOT 10, SECONO ASPEN CO. SUB. LOT 8, SECOND ASPEN CO. SUB. PITKIN COUNTY TITLE, Inc. Vincent J. Higens President Title Insurance Company 601 E. Hopkins, Aspen, Colorado 81611 (303) 925.1766 . (303) 925-6527 FAX 8, CHARLES 8. & ROBIN H. MOSS B.S. MOSS ENTERPRISES, INC. 7 CHATEAU RIDGE DRIVE GREENWICH, CT. 06831 9, ANNE F. FARISH 2200 WILLOWICK #16E HOUSTON, TX. 77027 LOT 16, SECONO ASPEN CO. SU8. PART OF LOTS 5, 6, 7, 8 AND 9 AND PART OF LOTS 10 AND 11 OF BLOCK 4, ASPEN CO. SUB. to.BRUCE BERGER 342 MADISON AVE #604 NEW YORK, N.Y. 10173 WESTERLY AND EASTERLY TRACT OF C.F. MURPHY ASSOCIATES, INC. II.MARTIN J. RAYNES C/O MJR DEVELOPMENT CO. 488 MADISON AVE. NEW YORK, N.Y. 10022 ATTN: P. OSTROFSKY LOT 9, SECOND ASPEN CO. SU8. Christina M. Davis Vice President TRACT IN THE SE1/4NE1/4 OF 10-10-85W 12,SELIM K. ZILKHA TRUST 750 LAUSANNE ROAD LOS ANGELES, CA. 90077 13.DONALD ZUCKER 101 WEST 55TH STREET 2ND FLOOR NEW YORK, N.Y. 10019 TRACT IN 12-10-85W 14,ASPEN CENTER FOR ENVIRONMENAL 100 E. PUPPY SMITH STREET ASPEN, CO. 81611 STUDIES TRACT IN 12-10-85W . t,',', ',<! .,',~.(;J~.::.-4:i/;M,t,;.r;\ .':~ ,:":> -~~. ""..""...~' . ;, ':i<lt&'I!l.' "011," .:o~. ;,.~i. <;(::-:-/,~;'t . ... .. ~;,., .... ";:::'':i''!;t:'~I~,:{~~'~'~'~~4s'~/'~ :~,~.,:.(:~ I>i/;.' ;~'}r '.,t ~~;~1'ft..,". ;,' . .." 1"""" .,,\.~.!lli"\,. ,t\ji " ''';''f.'l~.;'', .' -"r. '~' '...Jt"K!.':. if I ~ \ ?,:,'..'-i';~~,-'":ra~::-,;, "j:f~}~I',~~,;,';:1~4':~J;.! ,'.:' ; 1j\llhJ'. 1,/-....'.1.(;."." -:-,-"."i;,;.:tv~;r ~~~,~ ' , ')>-i;{,:.~J.,:,..~t~.:~Z/ .. j,./".:, :"'>%i2i:;..tt'>' . . " ~. ~-,:;;"L(.... " . 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"r,llI.H(ACRI.~; "',..'\~ ~iIJFlDlVl~I()N ~ " '" '8 '.$'f ,..," 0',' ';:/~~~ '\.: . I. ~>-: ~, "\\ ''-. " 1.'<>-, , . '" ....j : ~~r'; · /:~.~\\~\~\ ".''\~S ::. :\ \:~, / .\ 1 ..., ,/~, :~\, ,..".:~ ~ASP~'.CIT( lIM~~\, :.I.t-1: T \ \ \.' ., '" "- \~ ,.'t 'j. ", 1. '~ ,,_, [I I.n \ " I", '.~I > "."f . , , '\,',1. .,.; 'f; \ PEN C MPANY o ,. \, '-.., .. '.'T ~; "~, ' d-- .' T ..., 1 - '...., -......... \ -,. I ((Il!, \ \ " ,~ .' .' J'........._ .~._ ji .) '...."'. J / '" /~ 1 " (~i-4 -T-T--'-..J , ASPEN COMPANY., 10", , ;UBDIVISION J..~J?. ", 10'. .. " ~ , , Ir ~ j~- ~ ::-=:1 C~, I' -1,. ~ I ~ C. I l.J / . / a I a , I ~ j ~'. '. \ r,;'- '" 'G .".!(FN ) I I \ \ @€~ @ @ @ @ (;~I) ~1) 'yO!} &JiiJ Il11S4.fl . ,"1<; , 101<;' , 1(.1,'>1",1 ~:y' --'T"Nl'. / @ @ CG) ...~0 \.o~v g '19~__ 'iJ, 00 "~T'F - , \ LE~TFR FOR E.NVIRONMENTAl ::JTUDIES UPT) " / ,y, Iii I@ - (j ~ ~ % ',' '1'1.. L.J ~ ~ >II " 0 ~ z . . @l J[ ~ ~ ~ "' ~ ~.~--'- ~ "' '@ " ~-~.--L .. -' ~~.. ...., 'r-,;...~ ri!_o~ (E Xo,'Pf/ " ..- ~. / , , / ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 920.5090 /f);J-~O 1 ! I ! ! I I LAND USE ~PPLlCATION FEES City 00113 ~' PLANNING OFFICE SALES 00113 -63080-122 CITY/COUNTY CODE -63080-123 COMPo PLAN -63140-124 COPY FEES -69000-145 OTHER I SUBTOTAL i1 TOTAL ~ ~~_:::.~ Name:--P~ J~ Phone s: -:~,gd0. {(/~/~ ~: Check # 3 '8-) '1 -;;;:JJ ~ _ ~ Additional billing: #otHours: ~:) , 00125 00123 00115 County 00113 00125 00123 00113 -63250,134 -63270-136 -63280-137 -63300-139 -63310-140 -63320-141 REFERRAL FEES: -63340-205 -63340-190 -63340-163 -63160-126 -63170-127 -63180-128 -63190.129 -63200.130 -63210.131 -63220-132 -63230-133 -63450-146 REFERRAL FEES: -63340-205 -63340-190 -63360-143 GMP/CONCEPTUAL GMP/FINAL SUB/CONCEPTUAL SU B/FI NAL ALL 2-STEP APPLICATIONS ALL I-STEP APPLICATIONS! CONSENT AGENDA ITEMS ENVIRONMENTAL HEALTH HOUSING ENGINEERING SUBTOTAL GMP/GENERAL GMP/DETAILED GMP/FINAL SUB/GENERAL SUB/DETAILED SU B/FI NAL ALL 2,STEP APPLICATIONS ALL I-STEP APPLICATIONS! CONSENT AGENDA ITEMS BOARD OF ADJUSTMENT ENVIRONMENTAL HEALTH HOUSING ENGINEERING JI "7 go .00 ';10.00 - -