HomeMy WebLinkAboutcoa.lu.ec.850 Roaring Fork Rd.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: 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:
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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-
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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 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. /
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II ~ /11b~ s.e-N.l-i
Address
My commission expires: A d ;).2 1 q I
SPECIMEN SIGNATURE OF ATTORNEY-IN-FACT:
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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..
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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
Said Notice was posted on July 27, 1990.
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Paul J. T~ddune
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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
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Published in The Aspen Times on July 26, 1990.
City of Aspen Account.
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TADDUNE, HAZEN & ESARY
ATTORNEYS AT LAW
ASPEN PROFESSIONAL BUILDING
600 EAST HOPKINS, SUITE 301
ASPEN, COLORADO B1611
........,
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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
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Paul J. Taddune
PJT:km
cc: Kim Johnson, Planner
Kathryn Koch, City Clerk
p\lt\mayor
, 13
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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
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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
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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
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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
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Published in The Aspen Times on May 24, 1990.
City of Aspen Account.
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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
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'-' 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
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Paul J. Tad<:iune
PJT:km
cc: Alec Merriam
Dick Durrence
p\lt\johnson
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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
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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~,
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city will make a site
themselves with the
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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
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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!
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MEMORANDUM
TO:
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Amy Margerum, Planning DirectorCl
Kim Johnson, Planner
THRU:
THRU:
FROM:
DATE:
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RE:
Merriam Lot Split and Lot Line Adjustment and Vesting
of Development Rights - GMQS Exemption, First Reading
of Ordinance 33
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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
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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
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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
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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
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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
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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.
~-
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(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
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, 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
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EXHIBIT A
r - 7 ,- 10 12 "
3 . & ,.,"'" 6
0 0 0 I
I' B \ 11 13
M M M M
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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
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ASPEN TULK COKPANY. LTD.
Aspeu. Colorado.
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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
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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
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ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
(303) 920.5090
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LAND USE ~PPLlCATION FEES
City
00113
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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
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