HomeMy WebLinkAboutcoa.lu.ec.850 Roaring Fork Rd.A22-90Merriam Lot Split & Lot Line Adj.
2735-121-20-003 A22-90
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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:
PROJECT NAME: Merriam Lot Split and Lot Line Adjustment
Project Address: 850 Roaring Fork Road
Legal Address:
APPLICANT: James A. Merriam
Applicant Address:
REPRESENTATIVE: Paul Taddune 600 E. Hopkins 5-9190 or
Representative Address/Phone: Dick Durrance, 467 Snowmass Club
Circle, Snowmass Village, CO 3-5745
PAID: YES NO AMOUNT: $870 NO. OF COPIES RECEIVED: 1
TYPE OF APPLICATION: 1 STEP: 2 STEP:
P&Z Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO ^-
CC Meeting Date J PUBLIC HEARING: YES NO �`� cy�_
VESTED RIGHTS: YES NO
Planning Director -Approval: Paid:
Insubstantial Amendment or Exemption: Date:
REFERRALS:
City Attorney
Mtn. Bell
School District
City Engineer
Parks Dept.
Rocky Mtn Nat Gas
Housing Dir.
Holy Cross
State Hwy Dept(GW)
Aspen Water
Fire Marshall
State Hwy Dept(GJ)
City Electric
Building Inspector
Envir. Hlth.
Roaring Fork
Other
Aspen Consol.
Energy Center
S.D.
� � �
DATE REFERRED:
INITIALS:
FINAL ROUTING: DATE ROUTED: i I — _r� INITIAL: C� -
6 r«. 3 -:�
City Atty X/ City Engineer Zoning Env. Health
Housing Other: ,. A
FILE STATUS AND LOCATION:
J.
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q-7;7- 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 including, 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
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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
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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 re 1990.
J an lexan er Merriam
STATE OF CALIFORNIA )
ss.
COUNTY OF ,,/(& e1 W )
The foregoing instrument was acknowledged before me this
9 day of �G6,tyt4GY 1990 by Joan Alexander
Merriam.
Witness my hand and official seal.
Notary Public
Address
My commission expires: /
SPECIMEN SIGNATURE OF ATTORNE
P\908
OFFtC! Al ErOIAN
BARgpRA - CALIFORNIA
NOTAR'f PUBIC
MARIN �pUNT� 1^9
My toMM. expires APR.,
3
;100K 479 _60?
EXHIBIT A
A tract of land located in the southeast k of the northeast k
and the northeast % of the northeast % of Section 12, Township
10 south, Range 85 West of the 6th P.M.. Part of said tract
being all of Lots 12, 13, 15 through 25 and part of Lots 10,
11, and 14, Block 4, Aspen Company Subdivision being more fully
described as foll"61
Beginning at a point on the center line of the Roaring Pork
river at low water whence the southeast corner of the
i northeast k of the northeast k of said Section 12 bears east
178.13 feeto
thence N 05.45'w 53.00 feet along the centerline of said river
} at low water,
thence N 23.00'N 70.00 feet along the centerline of said river
at low water,
jthence N 58.511N 28.11 feet along the centerline 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 S 49.52*400 N 335.23 feet along the extended northwest
line of said Lot 25 to the ■ost westerly corner of said Lot 25,
thence comsencing on a bearing of 8 01•27143' E around a curve
to the sight whose radius is 168.50 feet for a distance of
228.00 feet along the westerly line of said Block 4,
tbsoce 8 26.54'10' E 120.24 feet,
thence co=tncing on a bearing of N 45133'38• E around a curve
to the left whose radius is 322.19 feet for an arc length of
53.27 feet,
y' thence N 35'15' E 65.97 feet,
thence S 65'53'20' E 200.00 feet along the extended south line
of said lot 14 to centerline of Roaring fork River at low
water,
thence N 05.10' E 174.87 feet along the centerline of said
river at low water,
thence N 05'45' R 215.00 feet along the centerline of said
river at low water to the point of beginning containing 2.768
acres Mote or less.
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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
August 13, 1990. Said Notice was posted on July 27, 1990.
C
Paul J. T ddune
M
PUBLIC NOTICE
RE: MERRIAM LOT SPLIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Monday, August 13, 1990 at 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. Stirling, Mayor
Aspen City Council
Published in The Aspen Times on July 26, 1990.
City of Aspen Account.
7/a r/2��
PAUL J. TADDUNE, P.C.
ERIN F. HAZEN, P.C.
GARY S. ESARY, PC.
• TADDUNE, HAZEN & ESARY •
ATTORNEYS AT LAW
ASPEN PROFESSIONAL BUILDING
600 EAST HOPKINS, SUITE 301
ASPEN, COLORADO 81611
August 10, 1990
Mayor and Aspen City Council
130 South Galena
Aspen, Colorado 81611
RE: Merriam Lot Split Application
Dear Mayor and Members of the City Council:
AREA CODE 303
925-9190
925-9577
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 tequirement we have re -noticed the matter for your
attention at the August 13, 1990 Council meeting.
Very truly yours,
TADDUNE, HAZEN & ESARY
Paul J. Taddune
PJT:km
cc: Kim Johnson, Planner
Kathryn Koch, City Clerk
p\lt\mayor
• i -
MEMORANDUM
TO: Mayor and City Council
THRU: Carol O'Dowd, City Manager
.011,, 1/1
THRU: Amy Margerum, Planning Director
FROM: Kim Johnson, Planner
DATE: August 7, 1990
RE: Merriam Lot Split / Lot Line Adjustment - Public
Notification as Required by Land Use Code.
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. Second reading without required
public mailing notification was 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:
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 26th day of July, 1990.
I�
J
PUBLIC NOTICE
RE: MERRIAM LOT SPLIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Monday, June 11 , 1990 at 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. Stirling, Mayor
Aspen City Council
Published in The Aspen Times on May 24, 1990.
City of Aspen Account.
ATTACBMII1r 1
IAND USE APPLICATION FORM
1) Project Name Mirriam Lot Split
2) Project Location 850 Roaring Fork Road, Aspen, Colorado
(indicate street address, lot & block number, legal description where
appropriate)
3) Present Zoning R-15 4) Lot Size 2.76 acres
(120, 225 square feet)
5) Applicant's Name, Address & Phone # J. Alec Merriam
1884 Mountain View Drive, Tiburow, CA 94920
6) Representative's Name, Address & Phone # Dick D u r r a n c e
467 Snowmass Club Circle, Snowmass, CO (Tadaune, Hazen & Fury,
Suite 301, 600 E. Hopkins
7) Type of Application (please deck all that apply) : Aspen, CO 81611)
Conditional Use
Special Review
8040 Online
Stream Margin
Mountain View Plane
Condomii n i u i nation
X Lot Split/Lot Line
Adjustment
Conceptual SPA
Final SPA
Concepteal FM
Final PUD
Subdivision
Text/Map Amench=t
-
ric Dev.
Final Historic Dev.
Minor Historic Dev.
Historic Demolition
Historic Designation
GMUS Allotment
cis Exeuptian
8) Description of Existing i ng Uses (md3er and type of ex stirx3 struc�es ;
approximate scl. ft. ; ranber of bedrooms; any pervious approvals granted to the
property) -
Existing Residential Structure! mane-stnr -struct-11YP
Square Feet of approximately 3,000
9) Description of Development Applications
Lot Split to create Lot 2 on Mirriam Subdivision Plat (approximately)
15,140.76 square feet) together with conservation easements
10) Have you attached the following?
Ye C Response to Attadmie t 2, Mini mum S ul-m i ssipn Contents
ye se Response to Attachment 3, Specific SuImni scion tents
yes Response to Attachment 4, Review Standards for Your Application
TADDUNE, HAZEN & ESARY •
ATTORNEYS AT LAW
ASPEN PROFESSIONAL BUILDING
600 EAST HOPKINS, SUITE 301
ASPEN, COLORADO 81611
PAUL J. TADDUNE, PC. AREA CODE 303
ERIN F. HAZEN, P.C. 925-9190
GARY S. ESARY, PC. , c ^ �Iy'If9 925-9577
May 24, 199-4 -
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 ne
PJT:km
cc: Alec Merriam
Dick Durrence
p\lt\johnson
TO:
THRU:
MEMORANDUM
Mayor and Council
Carol O'Dowd, City Manager /
1
THRU: Amy Margerum,
✓
Planning Director %�
FROM: Kim Johnson, Planner
DATE: May 23, 1990
RE: Informational Items: Conservation Easements, Newbury
Park Status, and Garrish Park
Conservation Easements: planning Staff was asked by
At the May 14 Council Meeting,
Council to look into what effect conservation easementsuestion
regarding the calculation of buildable floor area. The q which
was raised during discussion of the MerriamLot Split,
line
dedicates a sizable conservation easement along the property
with the Aspen Center for Environmental Studies.
and
The Planning Office cnferred
to conservation easements shall not
concludes that land dedicated
be subtracted from gross lot size when determining b
floor area. This adds inbuildable
centive to set aside land for protection
of sensitive areasreducehis decision
ct
lot sizeand but
ildablefloor eother
area
easements which may
Newbury Park Status: the
In recent weeks I have been meeting improvements th representatives
s- The " club
fwill
Eagles Club about their proposed imp include
organize volunteers to make low -impact improvements which ichide
horseshoe pits, a volleyball area and tent area for special
events. Planning staff has determined that but improvements
P lv r geirwillan
not require full stream margin review, sign_ Planning is
application for PlanningDepartmentDirector's on the developmentof this
working with the Parks
project.
Garrish Park:
Office
,-c lic _ion meeting
has conducted a , �_,,, this
;; =t`I
Cite
The Planning
^r��rnt
between
Park and the Prockter
property•
the.
City will make a
site
representatives of
the.applicant and
familiarize
themselves with
the
.visit to Garrish
Park to
ptup���i��.
MESSAGE DISPLAY
TO Amy Margerum CC Kim Johnson
CC Tom Baker
From: Jed Caswall
Postmark: __May 18,90 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!
0 •
TO: Mayor and City Council
I
THRU: Carol O'Dowd, City Manager 11
THRU: Amy Margerum, Planning Directorf,',
FROM: Kim Johnson, Planner
DATE: May 9, 1990
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
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: -J�- C�&" C
ATTACHMENTS: "A" - Proposed Merriam Subdivision Plat
"B" - Oct. 9, 1984 Council Minutes
"C" - Engineering Referral
"D" - Review Standards for the Lot Split and Lot
Line Adjustment
- Ordinance 3?� under consideration
jtkvj/merriam.memo
3
MEMORANDUM
To: Kim Johnson, Planning Office
From: Chuck Roth, City Engineer ��fL
Date: April 25, 1990
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 at the site which is not indicated on the
plat. Plat contents requirements include property improvements
which include fences. The fence must be shown on the plat. We
also need to confirm that the fence is not encroaching 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
• 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.
March 30, 1990
Leslie Lamont
Aspen/Pitkin County Planning Department
130 S. Galena Street
Aspen, Colorado 81611
AREA CODE 303
925-9190
925-9577
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,
JT&QDUNE,
HAZEN & ESARY
Paul J. Taddune, Esq.
PJT:cd
Enclosures
cc: Mr. and Mrs. Merriam
Dick Durrance
PJT\540
0
C
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 Roaring 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 Snowmass Club Circle, Snowmass, 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
C�
•
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 7-1003A.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.
•
(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,
ames Alexander Me(rriam
G it Angotti Merriam
tz
�JoanAlekander`me�rri`am
CONSENT AND JOINDER
Aspen Center for Environmental Studies hereby consents and joins
in to the foregoing application.
ASPEN CENTER FOR ENVIpjONMENTAL STUDIES
By:
p\755 A - J
P«s �eK f-
3
�735—/a-/—a-o -
CITY OF ASPEN0 0
PRE -APPLICATION CONFERENCE SUMMARY O 3
PROJECT: M P k X, L. /kit' So / : �
APPLICANT'S REPRESENTATIVE:
CCXAX-,s t 6 c,"t —it., / r
REPRESENTATIVE'S PHONE: -;;t
OWNER'S NAME:
SUMMARY
1. Type of Application: IC11+ -1 -
ji
2. Describe action/type of development being requested:
c� a CA-.e, — - i
3. Areas is which Applicant has been requested to respond,
types of reports requested:
Policy Area/
Referral Agent
Comments
4.
Review is: (P&Z
Only) CC Only
(P&Z then to CC)
5.
Public Hearing:
YES (NO)
6.
Number of copies
of the application
to be submitted: oC._ P'l
7.
What fee was applicant
requested to
submit: rSt�
8.
Anticipated date
of submission:
9.
COMMENTS/UNIQUE
CONCERNS: G,
--
frm.pre app
J L.- N. Way ` p
I.UIVI1Vtl I IVIC"
EXHIBIT A
Lawyers Title Insurance Corporation
National Headquarters
Richmond, Virginia
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Case No. A84-240
1. Effective Date July 30, 1984 at 8:00 A. H.
2. Policy or policies to be issued:
Amount 5 to M—datermined
(a)
Q ALTA Owner's Policy —Form B-1970 (Rev. 10-17-70)
❑ ALTA Residential Title Insurance Policy-1979
Proposed insured:
TO BE DETERMINED Am unt $
(b) ALTA Loan Policy, 1970 (Rev. 10-17-70)
Proposed insured:
Amount $
(c) _
Proposed insured:
i •-
SIMPLE estate
3. Title to the or interest in the land
fitment is at t e effective date hereof vested in:
described or referred to in this Com
JOHN F. IMRRIAM and LUCY L. MERRIAM ' 47/50th interest (as to Parcel I) and all interest
(as to Parcel 2)
OAIL ANGOTTI )wg� — 1/50th interest (as to Parcel 1)
JALEXANDER NERRM — 1/50th interest (as to Parcel I)
A TA
JO" ALEXANDER MERRTAN — 1/50th interest (as to Parcel 1)
4. The land referred to in this Commitment is described as follows:
PLPiASE SEE ETRT IT "A" ATTACHED AND MADE A PART HEEEOP.
ASPE4 TITLE COMPANY, LTD.
Countersigned a Aspen, Colorado.
Authorized Officer or Agent
Form No. 91.88(SCH AI
Commitment No. BD_2QE 9 _
Schedule A —Page 1
This commitment is invalid unless
the Insuring Provisions and Sched-
ules A and 8 are attached.
0 •
EXHIBIT "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 nest 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 Southea§t corner of the Northeast one -quarter
of the Northeast one -quarter of said Section 12 bears East 178.88 feet;
thence North 5° 45' West 53.00 feet along the center line of the
Roaring Fork River at low water;
thence North 23' 00' West 70.00 feet along the center line of said river
at low water;
thence North 58° 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 49' 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 57° 59' 30" East 123.53 feet to.the most Southerly corner
of said Lot 14; -
thence South 65° 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 5° 10' East 179.87 feet along the center line of said river;
thence North 5° 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, Inc0
Title Insurance Company
Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611
President (303) 925-1766 - (303) 925-6527 FAX
ADJACENT OWNER'S STATEMENT
Christina M. Davis
Vice President
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 TRACT IN THE SE1/4NE1/4 & NE1/4NE1/4 OF
JOAN ALEXANDER MERRIAM SECTION 12-10-85W OF THE 6TH P.M.(SUBJECT
GAIL ANGOTTI MERRIAM PROPERTY)
1. BERMUDA 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 RICHARDS
202 WOODSIDE ROAD
WEST BARNSTABLE, MA. 02668
4. ELIZABETH GRINDLAY
P.O. BOX 2154
ASPEN, CO. 81612
5. JACK S. & GESINE A. CRANDALL
P.O. BOX 1066
ASPEN, CO. 81612
6. LEONARD A. LAUDER
C/O ESTEE LAUDER
767 FIFTH AVE.
NEW YORK, N.Y. 10153
ATTN: LYNN DISCHMANN
7. THE EDWARD ARTHUR GOLDSTEIN TRUST
416 COMSTOCK AVE.
LOS ANGELES, CA. 90024
LOTS 5, 6, 7 & 7A, SECOND ASPEN CO. SUB.
LOT 1, BLOCK 1, GREEN ACRES SUB.
LOT 2, BLOCK 1, GREEN ACRES SUB.
LOT 3, BLOCK 1, GREEN ACRES SUB.
LOT 10, SECOND ASPEN CO. SUB.
LOT 8, SECOND ASPEN CO. SUB.
PITKIN COUNTY TITLE, Inc
Vincent J. Higens
President
8. CHARLES B. & 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
10.BRUCE BERGER
342 MADISON AVE #604
NEW YORK, N.Y. 10173
II.MARTIN J. RAYNES
C/O MJR DEVELOPMENT CO.
488 MADISON AVE.
NEW YORK, N.Y. 10022
ATTN: P. OSTROFSKY
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
Title Insurance Company
601 E. Hopkins, Aspen, Colorado 81611
(303) 925-1766 • (303) 925-6527 FAX
LOT 16, SECOND ASPEN CO. SUB.
PART OF LOTS 5, 6, 7, 8 AND 9
AND PART OF LOTS 10 AND 11 OF
BLOCK 4, ASPEN CO. SUB.
WESTERLY AND EASTERLY TRACT OF
C.F. MURPHY ASSOCIATES, INC.
LOT 9, SECOND ASPEN CO. SUB.
Christina M. Davis
Vice President
TRACT IN THE SE1/4NE1/4 OF 10-10-85W
TRACT IN 12-10-85W
14.ASPEN CENTER FOR ENVIRONMENAL STUDIES TRACT IN 12-10-85W
100 E. PUPPY SMITH STREET
ASPEN, CO. 81611
AUTHONVEDISIGNATURE
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EN UNTFR FOR ENVIRONMENTAL STUDIES
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ASPENTITKIN PLANNING OFFICE 4; C, o
130 South Galena Street
Aspen, Colorado 81611
(303)920-5090
LAND USE
APPLICATION FEES
City
00113
-63250-134
GMP/CONCEPTUAL
-63270-136
GMP/FINAL
-63280-137
SUB/CONCEPTUAL
-63300-139
SUB/FINAL
-63310-140
ALL 2-STEP APPLICATIONS
-63320-141
ALL 1-STEP APPLICATIONS/
O GO
CONSENT AGENDA ITEMS
REFERRAL FEES:
00125
-63340-205
ENVIRONMENTAL HEALTH
00123
-63340-190
HOUSING
00115
-63340-163
ENGINEERING
• 0 d
SUBTOTAL
County
00113
-63160-126
GMP/GENERAL
-63170-127
GMP/DETAILED
-63180-128
GMP/FINAL
-63190-129
SUB/GENERAL
-63200-130
SUB/DETAILED
-63210-131
SUB/FINAL
-63220-132
ALL 2-STEP APPLICATIONS
-63230-133
ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
-63450-146
BOARD OF ADJUSTMENT
REFERRAL FEES:
00125
-63340-205
ENVIRONMENTAL HEALTH
00123
-63340-190
HOUSING
00113
-63360-143
ENGINEERING
PLANNING
OFFICE SALES
00113
-63080-122
CITY/COUNTY CODE
-63090-123
COMP. PLAN
-63140-124
COPY FEES
-69000-145
OTHER
SUBTOTAL11
TOTAL:0
Additional billing: