HomeMy WebLinkAboutcoa.lu.ec.Oxley Lot Split 627 W. Smuggler 2735-124-09-002
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED:~08jrc1 PARCEL ID AND CASE NO.
DATE COMPLETE: _I~ G 2735-124-09-002 A48-93
STAFF MEMBER: """N.. fyv 7
PROJECT NAME: OXley Lot Split & GMOS Exemption ~
Project Address: 627 W. Smuqqler
Legal Address: E~ Lot B. all of Lots C.D.E & F. Block 21
APPLICANT: John C. Oxley
Applicant Address: 404 W. Hallam. Aspen. CO
REPRESENTATIVE: Sunny Vann
Representative Address/Phone: 230 E. Hopkins
Aspen. CO 81611
925-6958
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FEES: PLANNING
ENGINEER
HOUSING
ENV. HEALTH
TOTAL
$ 942.00
$ 55.00
$
$
$ 997.00
# APPS RECEIVED
# PLATS RECEIVED
3
3
TYPE OF APPLICATION: STAFF APPROVAL:
1 STEP: ~ 2 STEP:
P&Z Meeting Date
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PUBLIC HEARING: YES
! j VESTED RIGHTS: YES
u PUBLIC HEARING:~
VESTED RIGHTS: ~
NO
NO
CC Meeting Date..
NO
NO
DRC Meeting Date
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REFERRALS:
City Attorney Parks Dept. School District
~ City Engineer Bldg Inspector Rocky Mtn NatGas
Housing Dir. Fire Marshal CDOT
Aspen Water Holy Cross Clean Air Board
City Electric Mtn. Bell Open Space Board
Envir.Hlth. ACSD Other
~ Zoning Energy Center Other
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FINAL ROUTING: DATE ROUTED: . . INITIAL:~
--- City Atty ___ City Engineer ___Zoning ___Env. Health
--- Housing ___ Open Space Other:
FILE STATUS AND LOCATION:
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MEMORANDUM
TO:
Mayor and Council
Amy Margerum, City Manager~
Diane Moore, City Planning Directo~
Mary Lackner, Planner
THRU:
THRU:
FROM:
DATE:
November 22, 1993
RE:
Oxley Subdivision Exemption
Exemption and Vested Rights -
57, Series 1993.
for a Lot Split, GMQS
2nd Reading of Ordinance
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SUMMARY: The Applicant (John C. Oxley, represented by Sunny Vann)
proposes to divide th~ 13,500 square foot subject parcel into a
7,500 sq. ft. lot and a 6,000 sq. ft. lot pursuant to the Lot Split
provision of the Aspen Land Use Regulations. The parcel is
presently improved with a single family residence and several
fences which enclose the entire property. The newly created lot
will be available for construction of a single family residence.
This application is a one-step subdivision exemption before City
Council. Vested rights approval for three years is being included
to provide consistency with State vesting requirements. The
Planning Office recommends approval of second reading of this
Ordinance with conditions.
CONSISTENCY WITH THE ASPEN AREA COMMUNITY PLAN: Lot Splits require
that development on the new lots provide Accessory Dwelling Units
that are deed restricted to resident occupancy requirements. Once
Lot 2 is developed, and if Lot 1 is redeveloped, housing goals of
the AACP would be met.
PREVIOUS COUNCIL ACTION: None.
BACKGROUND: The parcel is located at 627 W. Smuggler and is zoned
R-6, Medium-Density Residential. In 1975, implementation of growth
management required that all adjacent lots held in single ownership
were merged for development purposes. At that time, lot splits
were created as a one-time exemption from the full subdivision
process. Refer to Exhibit "A" for the application information and
proposed plat.
REFERRAL COMMENTS:
City Engineering-
1. The fences that encroach into the alley and on Smuggler
Street must be either removed immediately and placed on
private property or licensed now until time of
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development.
2. The parcels shall meet storm run-off requirements of
Section 24-7-1004.C.4.f. at the time of development.
3. Any work in the public right-of-way shall obtain permits
from the Ci~y Streets Department.
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4. A Curb and G~tter Agreement for a rolled curb is required
to be execu~ed indicating that the property owner will
install a curb and gutter as directed by the City.
Refer to Exhibit "B" for complete referral memo.
CURRENT ISSUES: There are no outstanding issues relative to the
Applicant's request for a Lot Split, GMQS exemption and Vested
Rights.
The issue of the type of curb and gutter was raised by Council at
first reading on October 25, 1993. Staff has clarified in the
conditions of approval that this will be a rolled curb, as
previously determined by Council to be appropriate for the West
End.
Pursuant to Sections 24-7-1003.A.2. (Lot Split) and 24-8-104.C.l.a.
(GMQS exemption) staff finds that the review criteria have been
met. The specific criteria and staff responses are contained as
Exhibit "C".
FINANCIAL IMPLEMENTATIONS: None are anticipated.
RECOMMENDATION: Planning staff recommends approval of the proposed
Lot Split subject to the following conditions:
1. The fences which encroach in the alley right-of-way and on
the Smuggler Street right-of-way must be removed or receive
an encroachment license prior to recordation of the final
plat.
2. The parcels shall meet storm run-off requirements of section
24-7-1004.C.4.f at the time of development.
3. Any work in the public right-of-way including landscaping
shall obtain permits from the City Streets Department.
4. The new Subdivision Plat and Subdivision Exemption Agreement
must be approved by the Planning Office and Engineering
Department and recorded with the Pitkin County Clerk and
Recorder within 180 days of approval by City Council. Failure
to do so may render the approvals invalid.
5. A Curb and Gutter Agreement for a rolled curb is required to
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be executed indi ating that the property owner will install
a curb and gutte at such time as directed by the City.
6.
To meet the affo dable housing requirements of Ordinance 1,
the following re irements shall be met by the applicant:
7.
Lot 1 is s~ject to the provisions of Ordinance 1 if
demolition ~ an addition takes place.
Lot 2 is required to build an Accessory Dwelling Unit
(ADU) at the time of construction.
i
All material re~. esentations made by the applicant in the
application and ring public meetings with the City Council
shall be adhered to and considered conditions of approval,
unless otherwise mended in the conditions.
b.
a.
PROPOSED MOTION: "I move to approve second reading of Ordinance
57, Series of 1993."
"I move to adopt Ordinance 57, Series 1993,
Subdivision Exemption for a Lot Split, Vested
Exemption for the east one-half of Lot B and all
and F, Block 21, Original Aspen Townsite."
for the Oxley
Rights and GMQS
of Lots C, D, E,
CITY MANAGER COMMENTS:
Exhibits:
Ordinance 57, Series 1993
"A" Application information and proposed plat
"B" Engineering referral memo
"c" Planning staff responses to Code sections 24-7-1003.A.2 and
24-8-104. C. 1. a.
cc.ls.oxley.2nd
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Exhibit A
VANN ASSOCIATES
Planning Consultants
September 5, 1993
HAND DELIVERED
Ms. Leslie Lamont
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Oxley Subdivision/Growth Management Quota System Exemption Application
Dear Leslie:
Please consider this letter an application to subdivide a parcel of land located at 627
West Smuggler Street into two (2) lots via the so-called "lot-split" exemption
provision of the Aspen Land Use Regulations. The application also requests an
exemption from the growth management quota system (GMQS) to permit the con-
struction of a single-family residence on the vacant lot created as a result of the
requested subdivision (see Exhibit 1, Pre-Application Conference Summary, attached
hereto). Vested property rights status is requested for all approvals granted pursu-
ant to this application.
The application is submitted pursuant to Sections 7-1003.A.2. and 8-104.C.1.a. of the
Regulations by John C. Oxley, the owner of the property. The Applicant purchased
the property from Francis and Charlene Kalmes on July 30, 1993 (see Exhibit 2,
Title Commitment). Permission for Vann Associates to represent the Applicant is
attached as Exhibit 3. An executed application fee agreement, and a list of owners
located within three hundred (300) feet of the Applicant's property, is attached as
Exhibits 4 and 5, respectively.
Existing Conditions
As the accompanying improvement survey illustrates, the property consists of the
east one-half (112) of Lot B and all of Lots C, D, E and F, Block 21, City and Town-
site of Aspen. The lots, however, are in single ownership, and are deemed to have
merged pursuant to Section 7-1004. A.5. of the Regulations. The property contains
thirteen thousand five hundred (13,500) square feet of land area and is zoned R-6,
Medium-Density Residential.
The topography of the property can be described as essentially flat. Existing on-site ,
vegetation is limited to various ornamental shrubs and bushes which are generally ,
230 East Hopkins Avenue. Aspen. Colorado 81611. 3031925-6958' Fax 303,920-9310
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Ms. Leslie Lamont
September 5, 1993
Page 2
located along the perimeter of the property. A large evergreen tree is located ,
immediately in front of the existing residence and within the Smuggler Street right- ,
of-way. Existing curb and gutter is limited to the north side of Smuggler Street. .
Man-made improvements include a one-story single-family residence, which is .
located on Lots B, C and D, and several fences which enclose the property. Portions
of these fences appear to encroach upon the Smuggler Street right-of-way and the .
alley at the rear of the property. A small shed, which is located on the east one-half
(1/2) of Lot B encroaches onto the property. The residence is not designated as a ·
historic landmark, and is not listed on the City's inventory of non-landmark historic .
sites and structures.
Existing utility service to the property includes water, sewer, natural gas, electric,
telephone and cable TV (see Exhibit 6, letter from Schmueser Gordon Meyer, Inc.).
A six (6) inch water main is located in Smuggler Street while an eight (8) inch
sanitary sewer and natural gas, electric, telephone and cable TV service are located
within the adjacent alley. All utilities are located underground. A fire hydrant is
conveniently located at the northeast comer of Smuggler Street and Sixth Street.
Proposed Development
The Applicant proposes to subdivide the property along the existing property line
between Lots D and E into two (2) single-family lots. As currently envisioned, the
existing residence will be retained, albeit modified to comply with applicable setback
requirements. There are no immediate plans for the development of the vacant lot
to be created pursuant to this application. As a result, site specific building enve-
lopes have not been designated on either lot. Applicable setback and maximum lot
coverage requirements, however, will be adhered to in the construction of any future
residences.
The proposed lots have been designed in compliance with the dimensional require-
ments of the R-6 zone district and the subdivision design standards of Section 7-
1004.C.4. of the Regulations. As Table 1 below indicates, the proposed lots meet or
exceed the R-6 zone district's minimum lot size, lot area per dwelling unit and lot
width requirements.
Table 1
Dimensional Requirements
1.
Existing Zoning
R-6, Medium-Density Residential
2.
Total Site Area (Sq. Ft.)
13,500
3.
Minimum Required Lot Size (Sq. Ft.)
6,000
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Ms. Leslie Lamont
September 5, 1993
Page 3
4.
Minimum Required Lot Area/Single-Family
Dwelling Unit (Sq. Ft.)
6,000
5. Proposed Lot Area (Sq. Ft.)
Lot 1
Lot 2
7,500
6,000
6.
Minimum Required Lot Width (Feet)
60
7. Proposed Lot Width (Feet)
Lot 1
Lot 2
75
60
8. Minimum Required Building Setbacks (Feet)
Front Yard!
Rear Yard!
Side Yards2
10
10
5
9. Maximum Site Coverage (percent)
Lot 1
lot 2
35
40
10. Maximum Allowed Floor Area (Sq. Ft.)3
Lot 1
Lot 2
3,450
3,240
For principal buildings, the front and rear yards must total no less than thirty
(30) feet, and each yard must be a minimum of ten (10) feet.
2
For a lot containing six thousand (6,000) square feet, both side yards must
total no less than fifteen (15) feet. For a lot containing seventy-five hundred
(7,500) square feet, both side yards must total no less than twenty-two and
one-half (22-1(2) feet.
3
Garages and carports are excluded from allowable floor area up to a maxi-
mum of five hundred (500) square feet, provided that they area located
adjacent to an alley.
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Ms. Leslie Lamont
September 5, 1993
Page 4
Section 7-1004.A.3. of the Regulations prohibits the creation or extension of any
non-confonnity as a result of subdivision. .. . .,-- ..& 6 -1ll-.
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No other potential non-confonnity with respect to the dimensional requirements of
the R-6 zone district will be created, and no existing non-confonnity (e.g., the
existing residence's west side yard setback) will be increased, as a result of the
proposed development. . .. ..' . .,' - I 1I11rplJ~11 .~ -I r r I.',
. . _ Rr~"j'iimllqilllRJU i.f'lDllI'l! --ifl'Ub1Ie1l'fJf IlflllftlU1l.II. JlI.tillillllblrltlldlt
_ . _,wred.t In the alternative, the fences will be removed.
As you know, Section 7-1003.A.2.b. of the Regulations requires the provision of an
! ~~. (ADU) "for any lot for which development is proposed". -
II I Hllllf .~.l!i fl . '~pll1d.t.j~_"_,,L- fl lllliJl ~JJfle.ltMe
. 'MIIl"lflll'._, Pursuant to Section 8-104.A.1.c., the redevelopment of Lot
1 will require the provision of an on-site accessory dwelling unit, the payment of an
affordable housing impact fee, or the voluntary imposition of a resident occupied
deed restriction, It is my understanding that the lot owner may choose the preferred
option in his sole discretion,
It is also my understanding that a GMQS exemption for the development of a single-
family residence on Lot 2 will be granted in connection with the requested subdivi-
sion exemption approval for the lot split. An exemption for the reconstruction of
the existing residence located on Lot 1 will be granted by the Planning Director in
connection with building pennit review for any new residence to be constructed
thereon.
While the proposed subdivision is subject only to City Council review, the accessory~
dwelling unit which is required to be provided on Lot 2, and which may be provided
on Lot 1, must be reviewed and approved by the Planning and Zoning Commission.
As the review criteria address such issues as the size and design of the accessory .f
units, the necessity for parking, etc., the P&Z's review will occur at such time as ..f'
development of the two lots is proposed,
Water seIVice to the new lots will be provided via individual seIVice lines which will
tap the existing main located in Smuggler Street, Sewer, natural gas, electric, tele-
phone and cable TV seIVice will be extended from the alley as may be required. All
extensions will be located underground, and will confonn to the applicable extension
polices of the individual utility companies. No utility easements will be required to
seIVe the lots. As the attached letter from Schmueser Gordon Meyer indicates (see
Exhibit 6), existing utilities are adequate to seIVe the two lots created pursuant to
the requested subdivision exemption approvaL
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Ms. Leslie Lamont
September 5, 1993
Page 5
Review Requirements
The proposed development is subject to the receipt of subdivision exemption
approval and a growth management quota system exemption. Vested property rights
status is also requested. Each of these review requirements is discussed below.
1. Subdivision Exemption
Pursuant to Section 3-101 of the Aspen Land Use Regulations, the division of
land into two (2) or more lots, tracts or parcels is by definition a subdivision. As a
result, the proposed division of the Applicant's property into two (2) separate single-
family lots is subject to the City's review and approval. Such divisions, however, may
be exempted from full subdivision review pursuant to Section 7-1003.A2. of the
Regulations. The specific review criteria for a "lot-split" exemption, and the pro-
posed subdivision's compliance therewith, are summarized as follows.
a) "The land is not located in a subdivision approved by either
the Pitkin County Board of County Commissioners or the City Council, or the land
is described as a metes and bounds parcel which has not been subdivided after the
adoption of subdivision regulations by the City of Aspen on March 24, 1969."
As the attached Title Commitment indicates, the property consists of
the east one-half (1/2) of Lot B and all of Lots C, D, E and F, Block 21, of the
original Aspen Townsite. The property is not located within a previously approved
subdivision and the lots obviously predate the City's adoption of subdivision regula-
tions.
b) "No more than two (2) lots are created by the lot split, both
lots conform to the requirements of the underlying zone district and the applicant
commits that any lot for which development is proposed will contain an Accessory
Dwelling Unit. When there is demolition on the property which make it subject to
the provisions of Article 5, Division 7, Replacement Housing Program, the standards
of that program shall supersede these requirements."
As discussed previously, only two (2) lots are proposed. The lots
comply with all applicable dimensional requirements of the underlying R-6 zone dis-
trict and an on-site accessory dwelling unit will be provided in connection with the
development of Lot 2. Although Article 5, Division 7, has been repealed, the
redevelopment of Lot 1 will comply with the housing replacement provisions of
Section 8-104.ALc. of the Regulations. The applicable affordable housing mitiga-
tion requirements will be incorporated in the Applicant's subdivision agreement and
depicted on the final subdivision plat.
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Ms. Leslie Lamont
September 5, 1993
Page 6
c) "The lot under consideration, or any part thereof, was not
previously the subject of an exemption under the provisions of this article or a lot
split exemption pursuant to Section 8-104.C.l.a."
The property has not been the subject of any prior subdivision
exemption application or approval.
d) "A subdivision plat is submitted and recorded after approval,
indicating that no further subdivision may be granted for these lots nor will
additional units be built without receipt of applicable approvals pursuant to this
Article and growth management allocation pursuant to Article 8."
A final subdivision plat will be recorded upon approval of the pro-
posed development and completion of the review process. The plat will include a
prohibition against further subdivision and a requirement that additional develop-
ment comply with the applicable provisions of the Land Use Regulations.
As noted previously, a lot-split is by definition a subdivision. As such, the
proposed development must comply with the basic review standards for a develop-
ment application for plat as set forth in Section 7-1004.C. of the Regulations. These
standards, and the proposed development's compliance therewith, are summarized as
follows.
a) ''The proposed subdivision shall be consistent with the Aspen
Area Comprehensive Plan."
The 1973 Aspen Land Use Plan indicates that the project site is located
within the "Single-Family" land use category. As noted previously, the site is zoned
R-6, Medium Density Residential. The proposed single-family lots are a permitted
use in this zone district, and the residences to be constructed thereon are consistent
with the Land Use Plan's single-family residential designation.
The proposed development is also consistent with the recently adopted
Aspen Area Community Plan (AACP) in that both lots will provide an on-site accesso-
ry dwelling unit, or the mitigation equivalent thereof. The provision of such units is
consistent with the recommendations of the Housing Action Plan element of the new
AACP. Proposed subdivision is also consistent with the AACP's so-called "infill"
development recommendation. To the best of my knowledge, no other element of
the Aspen Area Community Plan contains recommendations which preclude, or other-
wise pertain to, the proposed development.
b) "The proposed subdivision shall be consistent with the charac-
ter of existing land uses in the area. The proposed subdivision shall not adversely
affect the future development of surrounding areas."
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Ms. Leslie Lamont
September 5, 1993
Page 7
The proposed development is consistent with the character of existing
land uses in the surrounding area, and will have no adverse effect on the area's
future development. The surrounding site area consists entirely of residential
development, including both old and new single-family residences.
c) "The proposed subdivision shall be in compliance with all
applicable requirements of the Land Use Regulations."
The proposed development has been designed to comply with the
applicable requirements of the underlying R-6 zone district and all relevant provi-
sions of the Aspen Land Use Regulations.
d) ''The proposed subdivision shall not be located on land
unsuitable for development because of flooding, drainage, rock or soil creep,
mud flow, rockslide, avalanche or snowslide, steep topography or any other natural
hazard or other condition that will be harmful to the health, safety, or welfare of the
residents in the proposed subdivision."
No natural hazard adversely affects the development potential of the
project site.
e) ''The proposed subdivision shall not be designed to create
spatial patterns that cause inefficiencies, duplication or premature extension of
public facilities and unnecessary public costs."
No governmental inefficiencies, duplication of facilities, or unnecessal)'
public costs will occur as a result of the provision of public services to the proposed
development. All required utilities are currently available in the immediate site area.
All costs for the extension of utilities to serve the project will be borne by the
respective lot owners.
In addition to requiring compliance with the preceding review criteria, the
Regulations also require that various improvements be provided in connection with
the proposed subdivision, and that specific standards be adhered to in the subdivisio-
n's design. The improvements and design standards which pertain to the Applicant's
proposed development are summarized as follows.
a) Water
Water service to the proposed development will be provided via the
existing six (6) inch main located in Smuggler Street. Individual service lines will be
extended to serve the two lots as may be required.
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Ms. Leslie Lamont
September 5, 1993
Page 8
b) Sewer
Sanitary sewer service to the project will be provided via the eight (8)
inch collector located in the adjacent alley right-of-way.
c) Electric, Telephone, Cable TV and Natural Gas
Electrical, telephone, Cable TV and natural gas service is also located
within alley and will be extended to serve the two lots as necessary. All required
extensions of these utilities will be located underground, and will confonn to the
applicable extension policies of the individual utility companies.
d) Easements
No easements are believed to be required to accommodate the pro-
posed utility extensions.
e) Sidewalk, Curb and Gutter
The Applicant will execute an agreement for the provision of sidewalk,
curb and gutter in the event such features are required by the City in the future.
I) Fire Protection
Fire protection for the proposed development will be provided by the
Aspen Volunteer Fire Department. The project site is located approximately fourte-
en (14) blocks from the fire station, resulting in a response time of approximately
five (5) minutes. The proposed lots are readily accessible to fire protection vehicles
and an existing fire hydrant is located across the street from the site at the northeast
comer of Smuggler Street and Sixth Street.
g) Drainage
Each residence's stonn drainage system will be designed to maintain
historic flow rates with respect to surface water runoff and groundwater recharge.
On-site drywells and/or surface detention facilities will be utilized to intercept and
detain runoff from building roofs and impervious areas, and to control the rate of
groundwater recharge. A detailed stonnwater drainage plan will be submitted in
conjunction with each residence's building pennit package as may be required.
2. Growth Management Quota System Exemption
Pursuant to Section 8-104.C.1.a. of the Regulations, the development of one
(1) detached residential dwelling on a vacant lot fonned by a lot-split approved
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Ms. Leslie Lamont
September 5, 1993
Page 9
subsequent to November 14, 1977 is exempt from the City's growth management
regulations subject to the approval of the City Council. Inasmuch as there are no
specific review requirements for such an exemption, the City Council's fmal approval
of the Applicant's lot-split application should be sufficient to convey the required
development rights upon the proposed development.
3. Vested Rights
In order to preserve the land use approvals which may be obtained as a result
of this application, the Applicant hereby requests vested property rights status
pursuant to the provisions of Section 6-207 of the Regulations. To establish such
status, it is my understanding that final approval of the proposed development must
be granted by ordinance of the City Council. It is also my understanding that no
specific submission requirements, or review criteria other than a public hearing, are
required to confer such status.
Should you have any questions, or require additional information, please do not
hesitate to call.
Yours truly,
SV:cwv
Attachments
cc: John C. Oxley
Charles T. Brandt, Esq.
c:\buslcity.applapp23293.1ot
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MESSAGE DISPLAY
TO Mary Lackner
From: Chuck Roth
Postmark: Nov 15,93 12:40 PM
Status: Previously read
Subject: Reply to: Oxley
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Reply text:
From Chuck Roth:
The West End is intended to have rolled curb and gutter installed. I
believe that that is specified in the Ped Plan. The curb and gutter
agreement does not specify the shape of the curb. It is a generic
document. However, it does appear that it would be a good idea to
modify the curb and gutter agreement to clearly state that homes in
the West End shall install rolled curb and gutter.
Preceding message:
From Mary Lackner:
Council raised a question at 1st reading regarding your comment that
requires a curb and gutter agreement to be executed. I need to
verify with council that this is a rolled curb. Do you have a
standard definition of what is required for a rolled curb in the west
end? I need to put this in my memo for tommorrow morning. Thanks
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CURB AREA
(2.23 sq. ft.)
NOTES:
1. Transition to type G curb at all curb returns, except where sidewalk ramps are provided,
and at all cul.de-sacs with drainage structures.
2. See Standard Drawing 0.6.1 for Rolled Curb Inlet.
3. Concrete shall be 520.C.2500.
4. See Standard Drawing G-10 for joint details.
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LEGEND ON PLANS
II(COMMENOEO IY THE SAN DIEGO
REGIONAL STANDARQS COMMITTE(
SAN DIEGO REGIONAL STANDARD DRAWING
Revision
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Exhibit B
\-"'--"""C'" c X----. MEMORANDUM
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Les~~Planning Office
To:
Thru:
Chuck Roth, City Engineer
From:
Kate Foster, Project Engineer
Date:
October 12, 1993
Re:
Oxley Lot Split & GMQS Exemption
Having reviewed the above referenced application, and having made a site inspection, the
Engineering Department has the following comments:
l.Final Plat - A final plat must be submitted which meets the requirements of Section 24-
7-1004 of the Municipal Code.
2.Storm Runoff - It is recommended that a condition of the lot split and of the GMQS
exemption be that development of the property meet the storm runoff requirements of
Section 24-7-1004.CA.f.
3.Development in the Public Right-of-Way - Given the continuous problems of unapproved
work and development in the public rights-of-way, we advise the applicant as follows:
The applicant shall consult city engineering (920-5080) for design considerations of
development within public rights-of-way, parks department (920-5120) for vegetation
species, and shall obtain permits for any work or development, including
landscaping, within public rights-of-way from city streets department (920-5130).
Approval of building permit plans does not constitute approval of design or work in the
public right-of-way.
4.Encroachments - The fences that encroach onto the alley and onto the Smuggler Street
pedestrian right-of-way must be either removed immediately and placed on private
property or licensed now until the time of development. The applicant may apply for
licensing through the Engineering Department. The shed that encroaches onto the alley
right-of-way belongs to the adjacent property owner and therefore does not need to be
licensed by the applicant.
5.Curb and Gutter - As stated in the applicant's letter a Curb and Gutter Agreement is
to be executed indicating that the property owners will install curb and gutter as directed
by the City.
cc: Bob Gish, Public Works Director
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Exhibit C
Ox1ev Lot Split Proposal
section 24-7-1003.2 (review criteria for lot splits)
Lot split. The split of a lot for the purpose of the development
of one detached single-family dwelling unit on a lot formed by a
lot split granted subsequent to November 14, 1977, where all of the
following conditions are met.
a. The land is not located in a subdivision approved by either
the Pitkin County Board of County Commissioners or the city
council, or the land is described as a metes and bounds parcel
which has not been subdivided after the adoption of
subdivision regulations by the city of Aspen on March 24,
1969; and
Response: This parcel is configured as the original Aspen Townsite
which was established prior to the formation of either the BOCC or
city Council. The parcel has not been subdivided after 1969.
b. No more than two (2) lots are created by the lot split, both
lots conform to the requirements of the underlying zone
district and the applicant commits that any lot for which
development is proposed will contain an accessory dwelling
unit. When there is demolition on the property which makes
it subject to the provisions of Article 5, Division 7,
Replacement Housing Program, the standards of that program
shall supersede these requirements; and
Response: The newly created lots comply with the dimensional
requirements of the R-6, moderate density residential zone
district. An on-site accessory dwelling unit will be provided with
the development of Lot 2. Any redevelopment of Lot 1 will comply
with the housing replacement provisions of section 8-104.A.1.c of
the regulations. The applicant has committed to incorporate the
affordable housing mitigation requirements into the subdivision
agreement and to depict this information on the final subdivision
plat.
c. The lot under consideration, or any part thereof, was not
previously the subject of an exemption under the provisions
of this article or a "lot split" exemption pursuant to section
8-104 (C) (1) (a); and
Response: The parcel has not been involved in any prior
subdivision exemption actions.
d. A subdivision plat is submitted and recorded after approval,
indicating that no further subdivision may be granted for
these lots nor will additional units be built without receipt
of applicable approvals pursuant to this article and growth
management allocation pursuant to Article 8.
Response: The applicant has committed to recording this
information on the final subdivision plat.
cc.rev.ls.oxley
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RE: OXLEY LOT SPLIT
NOTICE IS HEREBY GIV that a special public hearing will be held
on Monday, , 993 at a meeting to begin at 5:00 pm before
the Aspen City Council, City County Chambers, City Hall, 130 South
Galena st., Aspen to consider an application submitted by John C.
Oxley, 404 W. Hallam, Aspen, CO requesting approval of a Lot Split.
The property is located at 627 W. Smuggler; East \ of Lot B, and
all of Lots C, D, E and F, Block 21, City and Townsite of Aspen.
For further information, contact Leslie Lamont at the Aspen/Pitkin
Planning Office, 130 S. Galena st., Aspen, CO 920-5101.
s/John Bennett. Mavor
Aspen City council NtV. r;-
Published in The Aspen Times on Ostgb9F e; 1993.
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ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5197
MEMORANDUM
TO:
City Engineer
Zoning Administration
Leslie Lamont, Planning Office
Oxley Lot Split & GMQS Exemption
Parcel ID No. 2735-124-09-002
FROM:
RE:
DATE:
September 17, 1993
Attached for your review and comments is an application submitted by John C. Oxley.
Please return your comments to me no later than October 8.
Thank you.
Co
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena street
Aspen, Colorado 81611
(303) 920-5090 FAX# (303) 920-519"1
September 17, 1993
Sunny Vann
230 E. Hopkins
Aspen, CO 81611
Re: Oxley Lot Split & GMQS Exemption
Case A48-93
Dear Sunny,
The Planning Office has completed its preliminary ruview of the
captioned application. We have determined that this application
is complete.
We have scheduled this application for 1st Reading before the Aspen
City Council on Monday, October 25, 1993 at a meet:ingto begin at
5:00 p.m. Second Reading and Public Hearing will be on November
22, 1993. Should these dates be inconvenient tor you please
contact me wi thin 3 working days of the date of this letter. After
that the agenda dates will be considered final and changes to the
schedule or tabling of the application will only be allowed for
unavoidable technical problems. The Friday before the meeting
dates, we will call to inform you that a copy of the memo
pertaining to the application is available at the Planning Office.
Please note that it is your responsibility to mai 1 notice to
property owners within 300' and to post the subject property with
a sign at least ten (10) days prior to the public heax.'ng. Please
submit a photograph of the posted sign as proof of posting and an
affidavit as proof of mailing prior to the public hearing.
If you have any questions, please call Leslie Lamont, the planner
assigned to your case at 920-5101.
Sincerely,
S~Olff
Administrative Assistant
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VANN ASSOCIATES
P!annln~J Consultants
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September 29, 1993
HAND DELIVERED
Ms. Leslie Lamont
AspenJPitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re:.~ Title Policy
Dear Leslie:
As you requested, enclosed is a copy of a title policy evidencing John C. Oxley's
ownership of the Kalmes property. As the policy indicates, title to the property
is vested solely in Mr. Oxley's name.
Should you have any questions, or if I can be of any further assistance, please do
not hesitate to call.
Yours truly,
SV:cwv
Enclosure
c:\bus\city.ltr~lr23293.1l2
230 East Hopkins Avenue' Aspen Colorado 81611 . 303.925-6958' Fax 303/920-9310
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SCHEDULE A-OWHER'S POLICY
CASE NUMBER
PCT-7800
DATE OF POLICY
07/30/93 @ 3:34 P.M.
AMOUNT OF INSURANCE
$ 1,250,000.00
POLICY NUMBER
128-057824
1. NAME OF INSURED:
JOHN C. OXLEY
2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS:
IN FEE SIMPLE
3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN:
JOHN C. OXLEY
4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
THE EAST ONE-HALF (1/2) OF LOT B AND ALL OF LOTS C, D, E AND F,
BLOCK 21, CITY AND TOWNSITE OF ASPEN. COUNTY OF PITKIN, STATE OF
COLORADO.
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS AVE.
ASPEN, COLORADO 81611
(303) 925-1766
THE POLICY NUMBER SHO
COVER SHEET.
THIS SCHEDULE MUST AGREE WITH THE PREPRINTED NUMBER ON THE
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SCHEDULE B-OWHERS
CASE NUMBER
PCT-7800
DATE OF POLICY
07/30/93 @ 3:34 P.M.
POLICY NUMBER
128-057824
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, enchroachments,
any facts which a correct survey and inspection of the premises would disclose
and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or
hereafter furnished, imposed by law and not shown by the public records.
s. Unpatented mining claims; reservations or exceptions in patents or in Acts
authorizing the issuance thereof, water rights, claims or title to water.
6. Taxes for the year 1993 not yet due or payable.
7. Reservations and exceptions as set forth in the Deed from the City
of Aspen recorded in Book 59 at Page 215 & 469 providing as
follows: "That no title shall be hereby acquired to any mine of
gold, silver, cinnabar or copper or to any valid mining claim or
possession held under existing laws".
8. Deed of Trust from: John C. Oxley
To the Public Trustee of the County of Pitkin
For the use of Francis W. Kalmes and Charlene E. Kalmes
To secure $750,000.00
Dated July 30, 1993
Recorded July 30, 1993 in Book 719 at Page 856
Reception No. 359537
EXCEPTIONS NUMBERED NONE ARE HEREBY OMITTED.
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SUMMARY
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EXHIBIT 1
CITY OF ASPEN
PRE-APPL. lCATION ~ONFERENCE
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APPLICANT'S REPRESENTATIVE:
REPRESENTATIVE'S PHONE: <: -' (,) Cl c:;
OWNER'S NAME: )"'\ \"\/'v", () Y LQ"U\
, SUMMARyl, '
Type of APPlication;S'-t S pi LJ
2. .~ Describe action/type of development being requested:
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~ (,)Yc.--t .LLLn >,~, ~l,--~ \ )"\ 0 ,J! ,}; J /. 0>/ KfJ.
n'\ZlC' ~; {',,,1 \ Crr.Ao 'JjL /,\ i;,-v( .J
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Areas is whJ.ch Applicant has been requested to respond,
types of reports requested:
1.
3.
Policy Area/
Referral Aaent
Comments
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4.
Review is: (P&Z only) ~(CC onl~
(P&Z then to CC)
8. Anticipated date of SUbmission:
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to be submitted: 3
submit PI L-/::t-t- ~C; ~
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5.
Public Hearing:
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6. Nwnber
7. What fee was applicant requested to
9''1,SOMMENTS.jUNIQUE\CONCERNS:
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CommonwealtJ-.."
Land Title Insuranc~ompany
COMMITMENT FOR TITLE
SCHEDULE A
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EXHIBIT 2
INSURANCE
1. Effective Date: 06/01/93
at
08:30 A.M.
Case No. PCT-7800
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy-Form B-1970
(Rev. 10-17-70 & 10-17-84 or 10-21-87)
Proposed Insured:
JOHN C. OXLEY
Amount$ 1,250,000.00
PremiumS 2,618.00
(b) ALTA Loan Policy,
(Rev. 10-21-87)
Proposed Insured:
TO BE DETERHINED
Amount$ 750,000.00
premium$ 50.00
Tax Cert. $ 20.00
3. Title to the FEE SIMPLE estate or interest in the land described or
referred to in this Commitment is at the effective date hereof vested
in:
FRANCIS W. KALMESand CHARLENE E. KALMES
4. The land referred to in this Commitment is described as follows:
THE EAST ONE-HALF (1/2) OF LOT B AND ALL OF LOTS C, D, E AND F, BLOCK
21, CITY AND TOWNSITE OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO.
Countersigned at: PITKIN COUNTY TITLE, INC.
601 E. HOPKINS
ASPEN, CO. 81611
303-925-1766
Fax 303-925-6527
Schedule A-PG.1
This Commitment is invalid
unless the Insuring
provisions and Schedules
A and B are attached.
Authorized officer or agent
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Form 4100
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Commonweal~
Land Title Insuranc~ompany
SCHEDULE B - SECTION 1
REQUIREMENTS
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The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors
of the full consideration for the estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be
insured must be executed and duly filed for record to-wit:
1. Deed from
To
Francis W. Kalmes and Charlene E. Kalmes
John C, Oxley
2. Deed of Trust from: John C. Oxley
to the Public Trustee of the County of Pitkin
for the use of To be determined
to secure : $750,000.00
3. Evidence satisfactory to the Company that the Real Estate Transfer
Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance
No. 13 (Series of 1990) has been paid or exempted.
4. Certificate of nonforeign status executed by the transferor(s).
5. Evidence satisfactory to the Company that the Declaration of Sale,
Notice to County Assessor as required by H.B. 1288 has been complied
with.
6. Completion of Form DR 1079 regarding the witholding of Colorado Tax
on the sale by certain persons, corporations and firms selling Real
Property in the State of Colorado.
Form 4100
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Commonweal~
Land Title Insuran~~ompany
SCHEDULE B SECTION 2
EXCEPTIONS
or .,
-
The policy or policies to be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of the
Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, enchroachments,
any facts which a correct survey and inspection of the premises would disclose
and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or
hereafter furnished, imposed by law and not shown by the public records.
s. Defects, liens, encumbrances, adverse claims or other matters, if any,
created, first appearing in the public records or attaching subsequent to the
effective date hereof but prior to the date the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by
this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or lien imposed
for water or sewer service or for any other special taxing district.
7. Reservations and exceptions as set forth in the Deed from the City
of Aspen recorded in Book 59 at Page 215 & 469 providing as follows:
"That no title shall be hereby acquired to any mine of gold, silver,
cinnabar or copper or to any valid mining claim or possession held
under existing laws".
This commitment is invalid unless
the Insuring provisions and Schedules
A and B are attached.
Schedule B-Section 2
Commitment No. PCT-7800
Form 4100
Commonweal~
Land Title Insuranc~ompany
SCHEDULE B-SECTION 1
CONTINUED
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Exceptions numbered NONE are hereby omitted.
The Owner's Policy to be issued, if any shall contain the following
items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B-Section 1.
(2) Water rights, claims or title to water.
Pursuant to Insurance Regulation 89-2;
NOTE: Each title entity shall notify in writing every prospective
insured in an owner's title insurance policy for a single family
residence (including a condominim or townhouse unit) (i) of
that title entity's general requirements for the deletion of an
exception or exclusion to coverage relating to unfiled mechanics
or materialmens liens, except when said coverage or insurance is
extended to the insured under the terms of the policy. A
satisfactory affidavit and agreement indemnifying the Company
against unfiled mechanics' and/or Materialmen's Liens executed
by the persons indicated in the attached copy of said affidavit
must be furnished to the Company. Upon receipt of these items
and any others requirements to be specified by the Company upon
request, Pre-printed Item Number 4 may be deleted from the
OWner's policy when issued. please contact the Company for
further information. Notwithstanding the foregoing, nothing
contained in this Paragraph shall be deemed to impose any
requirement upon any title insurer to provide mechanics or
materialmens lien coverage.
NOTE:
Pursuant
(a)
(b)
(c)
If the Company conducts the owners' closing under
circumstances where it is responsible for the recording or
filing of legal documents from said transaction, the Company
will be deemed to have provided "Gap Coverage".
to Senate Bill 91-14 (CRS 10-11-122);
The Subject Real Property may be located in a Special Taxing
District;
A Certificate of Taxes Due listing each taxing jurisdiction
may be obtained form the County treasurer of the County
Treasurer's Authorized Agent;
Information regarding Special Districts and the boundaries of
such districts may be obtained from the Board of County
Commissioners, the County Clerk and Recorder, or the County
Assessor.
NOTE: A tax Certificate will be ordered from the County
Treasurer by the Company and the costs thereof charged to
the proposed insured unless written instruction to the
contrary are received by the company prior to the issuance of
the Title policy anticipated by this Commitment.
This commitment is invalid unless
the Insuring provisions and Schedules
A and B are attached.
Schedule B-Section 2
Commitment No. PCT-7800
Form 4100
-
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Commitment For Title Insurance
Commonwealth Land Title Insurance Company J a Pennsylvania corporation, herein called the company, for a valuable con.
sideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed
Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred
to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and
to the Conditions and Stipulations hereof.
This Commitment shall be effective ouly when the identity of the proposed Insured and the amount of the policy or policies
committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment
or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations
hereunder shall cease and tenoinate 120 days after the effective date hereof or when the policy or policies committed for shall
be issued, whichever first occurs. provided that the failure to issue such policy or policies is not the fault of the company.
IN WITNESS WHEREOF, the said Company has caused its Corporate Name and Seal to be hereunto affIxed; this instrument,
including Commitment, Conditions and Stipulations attached, to become valid when countersigned by an Authorized Officer or
Agent of the Company.
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COMMONWEALTH LAND TITLE INSURANCE COMPANY
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Conditions and Stipulations
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter
affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B
hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for
any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose
such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise
acquires actualk~owledge of any such defect, lien. encumbrance, adverse claim or other matter, the Company at its option
may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included
under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance
hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in
Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event
shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is
subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy
or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part
of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out
of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must
be based on and are subject to the provisions of this Commitment.
PA3
American Land Title Association Commitment. 1966
Cove,Page
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EXHIBIT 3
August 2,1993
HAND DEliVERED
Ms. Leslie Lamont
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Permission to Represent
Dear Ms. Lamont:
Please consider this letter authorization for Sunny Vann of Vann Associates, Planning
Consultants, to represent me in the processing of my subdivision and GMQS exemption
application to subdivide my property, which is located at 627 West Smuggler Street in
the City of Aspen. Mr. Vann is hereby authorized to act on my behalf with respect to all
matters reasonably pertaining to the aforementioned application.
Should you have any questions, or if I can be of any further assistance, please do not
hesitate to calL
Sincerely,
~~~
404 West Hallam
Aspen, CO 81611
SV:cwv
c:\bus\city.llr~lr20692.1l1
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EXHIBIT 4
ASPEN/PITKIN PLANNING OFFICE
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and ~N' c. ~
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPliCANT ~ submittod to CITY an applicwon fo'
~/V'/S/a</ o//~ ~a-/~~
(hereinafter; THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance
No. 44 (Series of 1991) establishes a fee structure for p]lmning Office applications
and the payment of all processing fees is a condition precedent to a determination
of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or
scope of the proposed project, it is not possible at this time to ascertain the full
extent of the costs involved in processing the application. APPLICANT and
CITY further agree that it is in the interest of the parties to allow APPLICANT
to make payment of an initial deposit and to thereafter permit additional costs to
be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be
benefited by retaining greater cash liquidity and will make additional payments
upon notification by the CITY when they are necessary as costs are incurred.
CITY agrees it will be benefited through the greater certainty of recovering its full
costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for
CITY staff to complete processing . or present sufficient information to the
Planning Commission and/or City Council to enable the Planning Commission
and/or City Council to make legally required findings for project approval, unless
current billings are paid in full prior to decision.
'''''.. .
"...,
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5. Therefore, APPLICANT agrees that in consideration of the CITY's
waiver of its right to collect full fees prior to a determination of applica.>if>.} ~ Cl""
completeness, APPLICANT shall pay an initial deposit in the amount of $~ -
which is for c;, hours of Planning Office time, and if actual- recorded costs
exceed the initial deposit, APPLICANT shall pay additional monthly billings to
CITY to reimburse the CITY for the processing of the application mentioned
above, including post. approval review. Such periodic payments shall be made
within 30 days of the billing date. APPLICANT further agrees that failure to pay .
such accrued costs shall be grounds for suspension of processing.
CITY OF ASPEN
APPLICANT
Br-~~
Dl e Moore
City Planning Director.
By:. ~ .":{
Date: . ~//~;>
-------------------------------------
-------------------------------------
For Planning Office Use
Case Number
Case Name
Deposit or Flat Fee Amount:
Referral Fees: Engineer:
-------------------------------------
-------------------------------------
Housing:
Environmental Health:
2
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EXHIBIT 5
vincent J. Higens
President
PITKIN COUNTY TITLE, INC.
601 E. HOPKINS, 3RD FLOOR
ASPEN, COLORADO 81611
303-925-1766 : 303-925-6527 FAX
Christina Davis
Vice President
300' OWNER'S LIST
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 property owner's within three hundred feet of the West 1/2 Lot B, all
of Lots C, D, E & F, Block 21, as obtained from the most current Pitkin
County Assessors Tax Rolls.
NAMES AND ADDRESSES
TAX SCHEDULE NUMBER
--------------------------------------------------------------------------
PLEASE REFER TO LIST ATTACHED HERETO AND MADE A PART HEREOF
U ~i'cO~. ~g-
AUTHORIZED SIGNATUR
~09 CORPORATION c:)
A COLORADO CORPORATION
P.O. BOX 1819
ASPEN CO 81612
ANN F. MILLER
715 WEST SMUGGLER STREET
ASPEN CO
ANNE J. AUSTIN
601 WEST FRANCIS STREET
ASPEN CO
ANNE W. BURROWS
505 N. 5TH
ASPEN
CO
CHARLES B. ISREAL
P.O. BOX 11689
ASPEN
CO
CHARLES L. HALL
P.O. BOX 1819
ASPEN
CO
CHRISTOPHER H. SMITH
LESLIE M. SMITH
P.O. BOX 130
SNOWMASS CO
DAVID R. KOEHLER TRUST
81611
81611
81611
81612
81612
81654
618 WEST SMUGGLER
ASPEN CO 81611
DOUGLAS J. MCPHERSON
SUSAN L. MCPHERSON
P.O. BOX 4412
ASPEN CO
ELIZABETH ARMSTRONG
PATRICIA ANN FERRIL
621 WEST FRANCIS UNIT B
ASPEN CO
81612
81611
LOT G, BLOCK 2~
LOTS E & F, BLOCK 15
E1/2 LOT H, LOT I, BLOCK 22
UNITS A & B. SMUGGLER CONDOS
LOTS M & N, BLOCK 22
LOTS H & I, BLOCK 21
UNIT B, STARRI CONDOS
UNIT A, OLIVER CARR
LOTS R & S, BLOCK 15
UNIT B, REEDS HOUSE
c
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'-"
EVERETT E. WARNER 1/2
ELAINE W. WARNER 1/2
729 EAST CIRCLE ROAD
PHOENIX AZ
UNIT 2, KANDAHAR
85020
GEORGE L. CAR ISH
SHARON G. CARISH
19760 LAKEVIEW AVENUE
EXCELSIOR MN
LOTS A - D, BLOCK 27
55331
HEATHER H. THARPE
E1/2 LOT P, LOT Q, BOCK 15
P.O. BOX 1293
ASPEN
CO
81612
HELEN R. SCALES
UNIT A, STARRI CONDOS
626 WEST FRANCIS STREET
ASPEN CO
81611
JAMES E. LOWREY
JEAN O. LOWREY
11603 WINDY LANE
HOUSTON TX
WEST UNIT, SUGAR DUPLEX CONDO
77024
JOHN & JEFFREY GORSUCH EACH 1/3
AND DAVID GORSUCH 1/3
263 E. GORE CREEK DRIVE
VAIL CO 81657
LOTS G - I, BLOCK 14
JOHN C. OXLEY TRUST LOTS K & L, BLOCK 27
3519 SOUTH YORKTOWN PLACE
TULSA OK 79105
JOHN E. THORPE
NANCY M. THORPE
615 WEST FRANCIS
ASPEN CO
LOTS E & F, BLOCK 22
81611
LAURENCE B. BROOKS
SUSAN B. SHERIDAN
155 GILPIN STREET
DENVER CO
LOTS R & S, BLOCK 14
80218
LESLYE D. SUGAR
EAST UNIT, SUGAR DUPLEX CONDO
828 WEST NORTH STREET
ASPEN CO
81611
o
LINDA MCCAUSLAND
P.O. BOX 1584
ASPEN
co
MARCIA A. CORBIN
P.O. BOX 9312
ASPEN
Co
MARJORY M. MUSGRAVE
629 WEST NORTH STREET
ASPEN CO
OLIVE N. MAROLT
MAXWELL S MAROLT
P.O. BOX 82
ASPEN CO
PORTER HOUSE STAKE
A COLORADO GENERAL
155 GILPIN STREET
DENVER
PARTNERSHIP
81612
81612
81611
81612
CO 80218
RICHARD SETH STALEY
DONALD KELTNER
12100 WILSHIRE BLVD. #730
LOS ANGELES CA 90025
ROBERT D. & MARY BELLE LANGENKAMP
AND R. DOBIE LANGENKAMP 1/2
633 NORTH STREET
ASPEN CO 81611
ROBERT D. RITCHIE
RENEE N. RITCHIE
701 WEST FRANCIS STREET
ASPEN CO
ROBERT DOUGLAS RITCHIE
RENEE NESPECA RITCHIE
701 WEST FRANCIS STREET
ASPEN CO
SAM FOX
MARILYN FOX
7701 FORSYTH BLVD. #600
CLAYTON MO
81611
81611
63105
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LOT G, Wl/2 LOT H, BLOCK 22
UNIT C, SMUGGLER CONDOS
LOTS 0, E & F, BLOCK 20
LOT A, Wl/2 LOT B, BLOCK 21
LOTS P - Q, BLOCK 14
UNIT B, OLIVER CARR
LOTS A - C, BLOCK 20
LOTS H & I, BLOCK 16
LOTS K & L, BLOCK 21
UNIT 1, KANDAHAR
August 11, 1993
""'0. Box 2155
",",spen, Colorado 81612
(303) 925-6727
Fax (303)925-4157 EXHIBIT 6
CONSULTING ENGINEERS & SURVEYORS
Mr. Sunny Vann
VANN ASSOCIATES INC.
230 East Hopkins Ave.
Aspen, CO. 81611
RE: Oxlev Lot Solit. Enaineerina Reoort
Dear Sunny:
This letter comprises an Engineering Report for the proposed lot split application for the property
owned by Mr. John Oxley in Aspen, Colorado. The property is located at 627 West Smuggler
Street and includes the easterly Yo of Lot B and all of Lots C, D, E, and F of Block 21 of the
Original Aspen Townsite. The lot split proposal will divide the property into two parcels along
the lot line between Lots D and E. An existing home is on lots V.B, C and D and a new homesite
Is created on lots E and F. I have spoken with representatives of all primary utilities and
inspected the site with regard to the availability of all secondary utilities. I offer the following
comments;
1. Water Larry Ballenger, the Superintendent for the City of Aspen Water
Department, indicates that water service to the new site is available from the
existing 6 inch diameter cast iron water main in West Smuggler Street. No special
constraints exist and the City has sufficient capacity to serve a new home on the
easterly parcel. There is an existing fire hydrant on the northeast corner of the
Smuggler Avenue and Sixth Street intersection, approximately 100 feet from the
property. Service to the new parcel will be provided subject to submission of an
in-town tap application once the new home is designed (so service requirements
can be determined).
2. Sewer Tom Bracewell, System Superintendent of the Aspen Consolidated
Sanitation District (ACSD), indicates that sewer service is available to the property
from an existing 8 inch diameter collection line located in the alley of Block 21.
No special constraints exist and the ACSD has sufficient capacity to serve a home
on the newly created parcel. Tom does note that the existing line within the alley
is somewhat shallow, in the range of 5 feet deep, so the home design should
consider this constraint with regard to any lower level facilities that may require
sewage discharge (a sump may be required). Also, the home design should
avoid any significant lowering of the alley grade over the existing line.
3. Electric City of Aspen Electric Superintendent Bill Early tells me that electric
service is available to the new parcel from existing buried electric facilities within
the alley. There is an existing transformer directly across the alley from the newly
created lot. These facilities were installed within the last few years and are in
generally good condition. Bill does note that, depending on the actual load
requirements of the new home design, it may be necessary to change out the
existing secondary transformer in the alley to handle the increased load. This
1001 Grand Avenue, Suite 2-E . Glenwood Springs, Colorado 81601 . (303) 945-1004
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VIII C,
MEMORANDUM
FROM:
Mayor and Council (\ I ~
Amy Margerum, city Manager~
Diane Moore, city Planning Directo~
Mary Lackner, Planner
TO:
THRU:
THRU:
DATE:
October 25, 1993
RE:
Oxley Subdivision Exemption for a Lot Split, GMQS
Exemption and Vested Rights - 1st Reading of Ordinance
~ Series 1993.
-----------------------------------------------------------------
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SUMMARY: The Applicant (John C. Oxley, represented by Sunny Vann)
proposes to divide the 13,500 square foot subject parcel into a
7,500 sq.ft. lot and a 6,000 sq.ft. lot pursuant to the Lot Split
provision of the Aspen Land Use Regulations. The parcel is
presently improved with a single family residence and several
fences which enclose the entire property. The newly created lot
will be available for construction of a single family residence.
This application is a one-step subdivision exemption before City
Council. Vested rights approval for three years is being included
to provide consistency with State vesting requirements. The
Planning Office recommends approval of first reading of this
Ordinance with conditions.
CONSISTENCY WITH THE ASPEN AREA COMMUNITY PLAN: Lot splits require
that development on the new lots provide Accessory Dwelling units
that are deed restricted to resident occupancy requirements. Once
Lot 2 is developed, and if Lot 1 is redeveloped, housing goals of
the AACP would be met.
PREVIOUS COUNCIL ACTION: None.
BACKGROUND: The parcel is located at 627 W. Smuggler and is zoned
R-6, Medium-Density Residential. In 1975, implementation of growth
management required that all adjacent lots held in single ownership
were merged for development purposes. At that time, lot splits
were created as a one-time exemption from the full subdivision
process. Refer to Exhibit "A" for the application information and
proposed plat.
REFERRAL COMMENTS:
city Engineering-
1. The fences that encroach into the alley and on Smuggler
Street must be either removed immediately and placed on
c
1
.
private property or licensed now until time of
development.
2. The parcels shall meet storm run-off requirements of
section 24-7-1004.C.4.f. at the time of development.
3. Any work in the public right-of-way shall obtain permits
from the City streets Department.
4. A Curb and Gutter Agreement is required to be executed
indicating that the property owners will install a curb
and gutter as directed by the city.
Refer to Exhibit "B" for complete referral memo.
CURRENT ISSUES: There are no outstanding issues relative to the
Applicant I s request for a Lot Split, GMQS exemption and Vested
Rights.
Pursuant to sections 24-7-1003.A.2. (Lot Split) and 24-8-104.C.1.a.
(GMQS exemption) staff finds that the review criteria have been
met. The specific criteria and staff responses are contained as
Exhibit "C".
FINANCIAL IMPLEMENTATIONS: None are anticipated.
RECOMMENDATION: Planning staff recommends approval of the proposed
Lot Split subject to the following conditions:
1. The fences which encroach in the alley right-of-way and on
the Smuggler Street right-of-way must be removed or receive
an encroachment license prior to recordation of the final
plat.
2. The parcels shall meet storm run-off requirements of section
24-7-1004.C.4.f at the time of development.
3. Any work in the public right-of-way including landscaping
shall obtain permits from the city Streets Department.
4. The new Subdivision Plat and Subdivision Exemption Agreement
must be approved by the Planning Office and Engineering
Department and recorded with the Pitkin County Clerk and
Recorder within 180 days of approval by City Council. Failure
to do so may render the approvals invalid.
5. All material representations made by the applicant in the
application and during public meetings with the city council
shall be adhered to and considered conditions of approval,
unless otherwise amended in the conditions.
2
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Exhibit A
VANN ASSOCIATES
p'S'lnw\g Consu\tants
September 5, 1993
HAND DELIVERED
Ms. Leslie Lamont
AspenJPitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Oxley Subdivision/Growth Management Quota System Exemption Application
Dear Leslie:
Please consider this letter an application to subdivide a parcel of land located at 627
West Smuggler Street into two (2) lots via the so-called "lot-split" exemption
provision of the Aspen Land Use Regulations. The application also requests an
exemption from the growth management quota system (GMQS) to pennit the con-
struction of a single-family resWence on the vacant lot created as a result of the
requested subdivision (see Exhibit 1, Pre-Application Conference Summary, attached
hereto). Vested property rights status is requested for all approvals granted pursu-
ant to this application.
The application is submitted pursuant to Sections 7-1oo3.A.2. and 8-104.C.1.a. of the
Regulations by John C. Oxley, the owner of the property. The Applicant purchased
the property from Francis and Charlene Kalmes on July 30, 1993 (see Exhibit 2,
Title Commitment). pennission for Vann Associates to represent the Applicant is
attached as Exhibit 3. An executed application fee agreement, and a list of owners
located within three hundred (300) feet of the APplicant's property, is attached as
Exhibits 4 and 5, respectively.
Existing Conditions
As the accompanying improvement survey illustrates, the property consists of the
east one-half (In) of Lot B and all of Lots C, D, E and F, Block 21, City and Town-
site of Aspen. The lots, however, are in single ownership, and are deemed to have
merged pursuant to Section 7-1004. A.5. of the Regulations. The property contains
thirteen thousand five hundred (13,500) square feet of land area and is zoned R-6,
Medium-Density Residential.
The topography of the property can be described as essentially flat. Existing on-site ·
vegetation is limited to various ornamental shrubs and bushes which are generally ·
230 East Hopkins Avenue' Aspen, Colorado 81611 . 303/925-6958' Fax 3031920-9310
o
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Ms. Leslie Lamont
September 5, 1993
Page 2
located along the perimeter of the property. A large evergreen tree is located '
immediately in front of the existing residence and within the Smuggler Street right- ,
of-way. Existing curb and gutter is limited to the north side of Smuggler Street. 6
Man-made improvements include a one-story single-family residence, which is i
located on Lots B, C and D, and several fences which enclose the property. portions
of these fences appear to encroach upon the Smuggler Street right-of-way and the t
alley at the rear of the property. A small shed, which is located on the east one-half
(112) of Lot B encroaches onto the property. The residence is not designated as a ·
historic landmark, and is not listed on the City's.inventory of non-landmark historic ·
sites and structures.
Existing utility service to the property includes water, sewer, natural gas. electric,
telephone and cable TV (see Exhibit 6, letter from Schmueser Gordon Meyer, Inc.).
A six (6) inch water main is located in Smuggler Street while an eight (8) inch
sanitary sewer and natural gas, electric, telephone and cable TV service are located
within the adjacent alley. All utilities are located underground. A fire hydrant is
conveniently located at the northeast corner of Smuggler Street and Sixth Street.
Proposed Development
.
The Applicant proposes to subdivide the property along the existing property line
between Lots D and E into two (2) single-family lots. As currently envisioned, the
existing residence will be retained, albeit modified to comply with applicable setback
requirements. There are no immediate plans for the development of the vacant lot
to be created pursuant to this application. As a result, site specific building enve-
lopes have not been designated on either lot. Applicable setback and maximum lot
coverage requirements, however, will be adhered to in the construction of any future
residences.
The proposed lots have been designed in compliance with the dimensional require-
ments of the R-6 zone district and the subdivision design standards of Section 7-
1004.CA. of the Regulations. As Table 1 below indicates, the proposed lots meet or
exceed the R-6 zone district's minimum lot size, lot area per dwelling unit and lot
width requirements.
Table 1
Dimensional Requirements
1.
Existing Zoning
R-6, Medium-Density Residential
2.
Total Site Area (Sq. Fe)
13,500
3.
Minimum Required Lot Size (Sq. Fe)
6,000
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For principal buildings, the front and rear yards must total no less than thirty
(30) feet, and each yard must be a minimum of ten (10) feet.
2
For a lot containing six thousand (6,000) square feet, both side yards must
total no less than fifteen (15) feet. For a lot containing seventy-five hundred
(7,500) square feet, both side yards must total no less than twenty-two and
one-half (22-1/2) feet.
3
Garages and carports are excluded from allowable floor area up to a maxi-
mum of five hundred (500) square feet, provided that they area located
adjacent to an alley.
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Ms. Leslie Lamont
September 5,1993
Page 4
Section 7-1004.A.3. of the Regulations prohibits the creation or extension of any
non-conformity as a result of subdivision. ;r'c!"prec1udethe creation of a non-,
conformity with respect to Lot l's new east side yard setback, a portion, if not all, of
the existing single-family residence's carport wi\1 be removed in the event required..
No other potential non-conformity with respect to the dimensional requirements of
the R-6 zone district will be created, and no existing non-conformity (e.g., the
existing residence's west side yard setback) wi\1 be increased, as a result of the
proposed development. An encroachment license for the potions of the property'~
existing fences which encroach into the public rights-of-way will be obtained in the
eveht requirecL. In the alternative, the fences will be removecl.
As you know, Section 7-1003.A.2.b. of the Regulations requires the provision of an
aCcessory dwelling unib (ADD) ''for any lot for which development is proposeif'. rn~
future construction of a single-family residence on Lot 2, therefore, wi\1 require tHe
provision of such a unit" pursuant to Section 8-104.A.1.c., the redevelopment of Lot
1 wi\1 require the provision of an ol)-site accessory dwelling unit, the payment of an
affordable housing impact fee, or the voluntary imposition of a resident occupied
deed restriction. It is my understanding that the lot owner may choose the preferred
option in his sole discretion.
-
It is also my understanding that a GMQS exemption for the development of a single-
family residence on Lot 2 wi\1 be granted in connection with the requested subdivi-
sion exemption approval for the lot split. An exemption for the reconstruction of
the existing residence located on Lot 1 will be granted by the Planning Director in
connection with building permit review for any new residence to be constructed
thereon.
~(.
While the proposed subdivision is subject only to City Council review, the accessory
dwelling unit which is required to be provided on Lot 2, and which may be provided
on Lot 1, must be reviewed and approved by the Planning and Zoning Commission.
As the review criteria address such issues as the size and design of the accessory
units, the necessity for parking, etc., the P&Z's review will occur at such time as
development of the two lots is proposed.
Water selVice to the new lots wi\1 be provided. via individual selVice lines which wi\1
tap the existing main located in Smuggler Street. Sewer, natural gas, electric, tele-
phone and cable TV selVice wi\1 be extended from the alley as may be required. All
extensions wi\1 be located underground, and wi\1 conform to the applicable extension
polices of the individual utility companies. No utility easements wi\1 be required to
selVe the lots. As the attached letter from Schmueser Gordon Meyer indicates (see
Exhibit 6), existing utilities are adequate to selVe the two lots created pursuant to
the requested subdivision exemption approval.
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Ms. Leslie Lamont
September 5, 1993
Page 5
Review Requirements
The proposed development is subject to the receipt of subdivision exemption
approval and a growth management quota system exemption. Vested property rights
status is also requested. Each of these review requirements is discussed below.
1. Subdivision Exemption
Pursuant to Section 3-101 of the Aspen Land Use Regulations, the division of
land into two (2) or more lots, tracts or parcels is by defmition a subdivision. As a
result, the proposed division of the Applicant's property into two (2) separate single-
family lots is subject to the City's review and approval. Such divisions, however, may
be exempted from fuJl subdivision review pursuant to Section 7-1003:A.2. of the
Regulations. The specific review criteria for a "lot-split" exemption, and the pro-
posed subdivision's compliance therewith, are summarized as foJlows.
a) "The land is not located in a subdivision approved by either
the Pitkin County Board of County Commissioners or the City Council, or the land
is described as a metes and bounds parcel which has not been subdivided after the
adoption of subdivision regulatjons by the City of Aspen on March 24, 1969."
As the attached Title Commitment indicates, the property consists of
the east one-half (1/2) of Lot Band aJl of Lots C, D, E and F, Block 21, of the
original Aspen Townsite. The property is not located within a previously approved
subdivision and the lots obviously predate the City's adoption of subdivision regula-
tions.
b) "No more than two (2) lots are created by the lot split, both
lots conform to the requirements of the underlying zone district and the applicant
commits that any lot for which development is proposed will contain an Accessory
Dwelling Unit. When there is demolition on the property which make it subject to
the provisions of Article 5, Division 7, Replacement Housing Program, the standards
of that program shall supersede these requirements."
As discussed previously, only two (2) lots are proposed. The lots
comply with all applicable dimensional requirements of the underlying R-6 zone dis-
trict and an on-site accessory dwelling unit will be provided in connection with the
development of Lot 2. Although Article 5, Division 7, has been repealed, the
redevelopment of Lot 1 wiJI comply with the housing replacement provisions of
Section 8-104.A.1.c. of the Regulations. The applicable affordable housing mitiga-
tion requirements will be incorporated in the Applicant's subdivision agreement and
depicted on the final subdivision plat.
",.....,
"-"
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Ms. Leslie Lamont
September 5, 1993
Page 6
c) "The lot under consideration, or any part thereof, was not
previously the subject of an exemption under the provisions of this article or a lot
split exemption pursuant to Section 8-104.C.l.a."
The property has not been the subject of any prior subdivision
exemption application or approval.
d) "A subdivision plat is submitted and recorded after approval,
indicating that no further subdivision may be granted for these lots nor will
additional units be built without receipt of applicable approvals pursuant to this
Article and growth management allocation pursuant to Article 8."
A final subdivision plat will be recorded upon approval of the pro-
posed development and completion of the review process. The plat will include a
prohibition against further subdivision and a requirement that additional develop-
ment comply with the applicable provisions of the Land Use Regulations.
As noted previously, a lot-split is by defmition a subdivision. As such, the
proposed development must comply with the basic review standards for a develop-
ment application for plat as setJorth in Section 7-1004.C. of the Regulations. These
standards, and the proposed development's compliance therewith, are summarized as
follows.
a) "The proposed subdivision shall be consistent with the Aspen
Area Comprehensive Plan."
The 1973 Aspen Land Use Plan indicates that the project site is located
within the "Single-Family" land use category. As noted previously, the site is zoned
R-6, Medium Density Residential. The proposed single-family lots are a permitted
use in this zone district, and the residences to be constructed thereon are consistent
with the Land Use Plan's single-family residential designation.
The proposed development is also consistent with the recently adopted
Aspen Area Community Plan (AACP) in that both lots will provide an on-site accesso-
ry dwelling unit, or the mitigation equivalent thereof. The provision of such units is
consistent with the recommendations of the Housing Action Plan element of the new
AACP. Proposed subdivision is also consistent with the AACP's so-called "infill"
development recommendation. To the best of my knowledge, no other element of
the Aspen Area Community Plan contains recommendations which preclude, or other-
wise pertain to, the proposed development.
b) "The proposed subdivision shall be consistent with the charac-
ter of existing land uses in the area. The proposed subdivision shall not adversely
affect the future development of surrounding areas."
1""'.
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,-...,
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Ms. Leslie Lamont
September 5, 1993
Page 7
The proposed development is consistent with the character of existing
land uses in the surrounding area, and will have no adverse effect on the area's
future development. The surrounding site area consists entirely of residential
development, including both old and new single-family residences.
c) ''The proposed subdivision shall be in compliance with all
applicable requirements of the Land Use Regulations."
The proposed development has been designed to comply with the
applicable requirements of the underlying R-6 zone district and all relevant provi-
sions of the Aspen Land Use Regulations.
d) "The proposed subdivision shall not be located on land
unsuitable for development because of flooding, drainage, rock or soil creep,
mud flow, rockslide, avalanche or snowslide, steep topography or any other natural
hazard or other condition that will be harmful to the health, safety, or welfare of the
residents in the proposed subdivision."
No natural hazard adversely affects the development potential of the
project site.
.
e) ''The proposed subdivision shall not be desigued to create
spatial patterns that cause inefficiencies, duplication or premature extension of
public facilities and unnecessary public costs."
No governmental inefficiencies, duplication of facilities, or unnecessary
public costs will occur as a result of the provision of public services to the proposed
development. All required utilities are currently available in the immediate site area.
All costs for the extension of utilities to serve the project will be borne by the
respective lot owners.
In addition to requiring compliance with the preceding review criteria, the
Regulations also require that various improvements be provided in connection with
the proposed subdivision, and that specific standards be adhered to in the subdivisio-
n's design. The improvements and design standards which pertain to the Applicant's
proposed development are summarized as follows.
a) Water
Water service to the proposed development will be.provided via the
existing six (6) inch main located in Smuggler Street. Individual service lines will be
extended to serve the twO lots as may be requirM..
1'""
'-"
--
Ms. Leslie Lamont
September 5, 1993
Page 8
b) Sewer
Sanitary sewer service to the project will be provided via the eight (8)
inch collector located in the adjacent alley right-otway.
c) Electric, Telephone, Cable TV and Natural Gas
Electrical, telephone, Cable TV and natural gas service is also located
within alley and will be extended to serve the two lots as necessary. All required
extensions of these utilities will be located undergl-,und, and will conform to the
applicable extension policies of the individual utihry ,=ompanies.
d) Easements
No easements are believed to be required to accommodate the pro-
posed utility extensions.
e) Sidewalk, Curb and Gutter
The Applicant will execute an agreement for the provision of sidewalk,
curb and gutter in the event such features are required by the City in the future.
t) Fire Protection
Fire protection for the proposed development will be provided by the
Aspen Volunteer Fire Department. The project site is located approximately fourte-
en (14) blocks from the fire station, resulting in a response time of approximately
five (5) minutes. The proposed lots are readily accessible to fire prOtection vehicles
and an existing fire hydrant is located across the street from the site at the northeast
comer of Smuggler Street and Sixth Street.
g) Drainage
Each residence's storm drainage system will be designed to inaintain
historic flow rates with respect to surface water runoff and groundwater recharge.
On-site drywells ancl/or surface detention facilities will be utilized to intercept and
detain runoff from building roofs and impervious areas, and to control the rate of
groundwater recharge. A detailed stormwater drainage plan will be submitted in
conjunction with each residence's building permit package as may be required.
2. Growth Management Quota System Exemption
pursuant to Section 8-104.C.l.a. of the Regulations, the development of one
(1) detached residential dwelling on a vacant lot formed by a lot-split approved
.1"",
v
'""'
.'...../
Ms. Leslie Lamont
September 5, 1993
Page 9
subsequent to November 14, 1977 is exempt from the City's glOwth management
regulations subject to the approval of the City Council. Inasmuch as there are no
specific review requirements for such an exemption, the City Council's final approval
of the Applicant's lot-split application should be sufficient to convey the required
development rights upon the proposed development.
3. Vested Rights
In order to preselVe the land use approvals which may be obtained as a result
of this application, the Applicant hereby requests vested property rights status
pursuant to the provisions of Section 6-207 of the Regulations. To establish such
status, it is my understanding that final approval of the proposed development must
be granted by ordinance of the City Council. It is also my understanding that no
specific submission requirements, or review criteria other than a public hearing, are
required to confer such status.
Should you have any questions, or require additional information, please do not
hesitate to call.
Yours truly,
-
SV:cwv
Attachments
cc: John C. Oxley
Charles T. Brandt, Esq.
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Exhibit B
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Leslie DiInont"Pla1iling Office
MEMORANDUM
To:
Thru:
Chuck Roth, City Engineer
From:
Kate Foster, Projec' Engineer
Date:
October 12, 1993
Re:
Oxley Lot Split & GMQS Exemption
Having reviewed the above referenced application, and having made a site inspection, the
Engineering Department has the following comments':
1.Ena] Plat _ A final plat must be submitted which meets the requirements of Section 24-
7-1004 of the Municipa] Code.
2.storm Runoff _ It is recommended that a condition of the lot split and of the GMQS
exemption be that development of the property meet the storm runoff requirements of
Section 24-7-1004.CA.f.
3.Deve]opment in the Pub]ic Right-of-Way - Given the continuous problems of unapproved
work and development in the public rights-of-way, we advise the applicant as follows:
The applicant shall consult city engineering (920-5080) for design considerations of
development within public rights-of-way, parks department (920-5120) for vegetation
species, and shall obtain permits for any work or development, including
landscaping, within public rights-of-way from city streets department (920-5130).
Approval of building permit plans does not constitute approval of design or work in the
public right-of-way.
4.Encroachments _ The fences that encroach onto the alley and onto the Smuggler Street
pedestrian right-of-way must be either removed immediately and placed on private
property or licensed now until the time of development. The applicant may apply for
licensing through the Engineering Department. The. shed that encroaches onto the alley
right-of-way belongs to the adjacent property owner and therefore does not need to be
licensed by the applicant.
5.Curb and Gutter - As stated in the applicant's letter a Curb and Gutter Agreement is
to be executed indicating that the property owners will install curb and gutter as directed
by the City.
cc: Bob Gish, Public Works Director
Glbf.mdeylotsplit
c
.:;
Exhibit c
Ox1ev Lot Split Proposal
Section 24-7-1003.2 (review criteria for lot splits)
~ot split. The split of a lot for the purpose of the development
)f one detached single-family dwelling unit on a lot formed by a
cot split granted subsequent to November 14, 1977, where all of the
following conditions are met.
a. The land is not located in a subdivision approved by either
the Pitkin county Board of County Commissioners or the city
council, or the land is described as a metes and bounds parcel
which has not been subdivided after the adoption of
subdivision regulations by the city of Aspen on March 24,
1969; and
Response: This parcel is configured as the original Aspen Townsite
which was established prior to the formation of either the BOCC or
city council. The parcel has not been subdivided after 1969.
b. No more than two (2) lots are created by the lot split, both
lots conform to the requirements of the underlying zone
district and the applicant commi ts that any lot for which
development is proposed will contain an accessory dwelling
unit. When there is demolition on the property which makes
it subject to the provisions of Article 5, Division 7,
Replacement Housing Program, the standards of that program
shall supersede these requirements; and
Response: The newly creaeed lots comply with the dimensional
requirements of the R-6, moderate density residential zone
district. Anon-site accessory dwelling unit will be provided with
the development of Lot 2. Any redevelopment of Lot 1 will comply
with the housing replacement provisions of Section B-104.A.1.c of
the regulations. The applicant has committed to incorporate the
affordable housing mitigation requirements into the subdivision
agreement and to depict this information on the final subdivision
plat.
c. The lot under consideration, or any part thereof, was not
previously the subject of an exemption under the provisions
of this article or a "lot split" exemption pursuant to section
8-104 (C) (1) (a); and
Response: The parcel has not been involved in any prior
subdivision exemption actions.
d. A subdivision plat is submitted and recorded after approval,
indicating that no further subdivision may be granted for
these lots nor will additional units be built without receipt
of applicable approvals pursuant to this article and growth
management allocation pursuant to Article B.
Response: The applicant has committed to recording this
information on the final subdivision plat.
cc.rev.ls.oxley
370195 B-750 P-953 05/19/94 10:54A PG 1 OF 5
SILVIA DAVIS PITKIN COlJNTY CLERK 8, RECORDER
REC
25.00
DOC
STATEMENT OF EXEMPTION
FROM FULL SUBDIVISION PROCESS
AND SUBDIVISION AGREEMENT FOR THE
OXLEY LOT SPLIT
WHEREAS, JOHN C. OXLEY (the "Applicant") is the owner of a
parcel of land located in Pitkin County, Colorado (the
"Property"), more particularly described as:
The east-half (1/2) of Lot B, and all of
Lots C, D, E and F, Block 21,
City and Townsite of Aspen,
County of Pitkin,
State of Colorado,
with the Property street address of 627 West Smuggler, Aspen,
Colorado 81611; and
WHEREAS, Applicant has requested an exemption from the
definition of subdivision for the Property at the above-described
location, pursuant to Section 24-7-1003.A.2. of the Aspen
Municipal Code; and
WHEREAS, the Planning Office has determined that such
exemption is appropriate; and
WHEREAS, the City Council has found the proposed division of
land to be outside the intents and purposes of the subdivision
regulations for the City of Aspen and, on November 22, 1993,
approved the Applicant's request for exemption from the
definition of subdivision, pursuant to Ordinance No. 57 (Series
of 1993); and
WHEREAS, a Subdivision Exemption Agreement is required
between the Applicant and the City of Aspen binding the Applicant
and Property to all conditions placed upon the approvals for the
subdivision as set forth in S24-7-1005 of the Municipal Code of
the City of Aspen; and
WHEREAS, the City is willing to approve and execute this
Agreement and the corresponding subdivision lot-split plat for
the subject property in exchange for Applicant's promises and
performance adhering to the terms and conditions contained herein
and those other applicable ordinances and regulations as
contained in the Municipal Code.
NOW, THEREFORE, the City Council of the City of Aspen does
hereby determine that the proposed division of the above-
described Property is outside the intents and purposes of the
City of Aspen's subdivision regulations, and does, for such
reason, grant an exemption from the definition of subdivision for
such action. In consideration of the mutual covenants contained
herein and the approval, execution and acceptance of the plat for
recordation by the city of Aspen, it is agreed as follows:
1. The encroaching fences in the alley of Block 21 and on
the Smuggler Street right-of-way shall be removed at the time of
....._~""-~--~~."..
:370195
B-750 P-954 05/19/94 10:54A PG 2
OF 5
issuance of a building permit for construction of a residence on
either of the two (2) lots.
2. The Applicant shall record with the Pitkin County Clerk
and Recorder contemporaneously herewith a Subdivision Lot-split
Plat to be reviewed and approved by the Planning Office and
Engineering Department.
3. Applicant shall record with the Pitkin County Clerk and
Recorder contemporaneously herewith, that certain Curb and Gutter
Improvement Agreement between the Applicant and the City of Aspen
dated l1~f ~ , 1994, a copy of which is attached
hereto as Exh1bit A.
4. The Property shall meet storm run-off requirements of
S24-7-1004.C.4.f at the time of development.
5. Any work in the public right-of-way, including
landscaping, shall be pursuant to appropriate permits obtained by
Applicant from the City streets Department.
6. The Applicant shall meet the following affordable
housing requirements:
(a) Lot 1 is subject to the prov1s10n of an
on-site Accessory Dwelling Unit, the
payment of an affordable housing impact
fee, or the deed restriction of the new
residence to residence occupancy
guidelines, all as provided in Section
8-104.A.1.c of the Aspen Land Use
Regulations.
(b) Lot 2 is required to build an Accessory
Dwelling Unit (ADU) at the time of
construction in accordance with the
provisions of Section 7-1003.A.2.b.
7. The Applicant shall comply with all material
representatives made by the Applicant in the application and
during pUblic meetings with the City Council unless otherwise
amended in this Agreement.
8. The provisions of this Agreement shall run with and
constitute a burden on the Property and shall be binding on and
inure to the benefit of Applicant and Applicant's successors and
assigns and to the City, its successors and assigns.
9. This Agreement may be altered or amended only by
written instrument executed by all parties hereto with the same
formality as this Agreement is executed.
10. If any provision of this Agreement is determined to be
invalid, such invalidity shall not affect the remaining
provisions hereof.
2
""'~'~__~_"_~_N~'.~_--""""-,___,_..
370195
B-750 P-955 05/19/94 10:54A PG 3
OF 5
This Agreement shall become effective upon
last signature set forth below.
~.-rC) '1-"
h C. Oxley
the date of the
-
The Hono
Mayor of
APPROVED:
/<v ~.
J.ehn'J"6rc s~r, City Attorney
STATE OF Co~oe~O
COUNTY OF jJ I r'::'lIJ.
)
) ss.
)
The foregoing was acknowledged and
qrA- day of ~~ ' 1994, by
witness my hand and official seal.
signed before me this
John C. Oxley.
STATE OF COLORADO
)
) ss.
)
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Nota Publ~c ~. ., .........,. ,..;.
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My commission expires:
COUNTY OF PITKIN
The foregoing was
day of
City of Aspen. a!.d
acknowledged and
, 1994, by
Ku. Lt.!"} n S. Kesa,
signed before me this
John S. Bennett, Mayor of
ASPQR eitl' Cl~l:]t.
_\l~m J)
....\ "'/
My Commloalon expires 9/27/96 -::.
,:-.:"j ...."l
"
the
Witness my hand and official seal.
My commission expires:
,
"
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12983.1
3
370195
8-750 P-956 05/19/94 10:54A PG 4
OF 5
EXHIBIT A
CURB AND GUTTER IMPROVEMENT AGREEMENT
BETWEEN
THE CITY OF ASPEN AND JOHN C. OXLEY
WHEREAS, John C. Oxley is the owner of the real property
described as the East one-half (1/2) of Lot B and all of Lots C,
D, E and F, Block 21, City and Townsite of Aspen, and located at
627 West Smuggler, Aspen, Colorado, (hereinafter "Owner"); and
WHEREAS, Owner's property is within a zone district or other
area as designated on the City of Aspen adopted sidewalk, curb
and gutter plan requiring construction of curb, gutter and
sidewalk prior to issuance of a Certificate of Occupancy or, in
lieu thereof, an agreement for future construction pursuant to
Section 19-100 of the Municipal Code; and
WHEREAS, at this time, the city Engineer deems the
construction of curb and gutter on pUblic right-of-way adjacent
to Owner's property within three (3) years infeasible due to
existing improvements or conditions.
NOW, THEREFORE, the parties agree as follows:
1. Owner agrees to construct curb and gutter along the
frontage of Owner's property (approximately 135 feet) at such
time as the City of Aspen deems construction necessary and
feasible. It is acknowledged by all parties that the present
requirement is for a two foot (2') wide gutter with a rolled curb
meeting City specifications.
2. In the alternative, at the city's option, the city may
construct the above improvements and Owner shall reimburse the
City for all reasonable costs of such construction.
Reimbursement shall be made to the City within ninety (90) days
after receipt of invoice.
3. This Agreement shall be
benefit of the heirs, assigns and
parties hereto.
binding and shall inure to the
successors in title of the
Entered into this ____ day of
, 1994.
John C. Oxley
12980.1
370195
B-750 P-957 05/19/94 10:54A PG 5
OF 5
STATE OF
COUNTY OF
)
) ss.
)
This instrument was acknowledged before me this
, 1994, by John C. Oxley.
day of
Witness my hand and official seal.
My commission expires:
Notary Public
CITY OF ASPEN, COLORADO,
a Municipal Corporation
By:
(Mayor)
Attest:
(City Clerk)
12980.1
2
370196 8-750
SILVIA DAVIS
P-958 05/19/94 10:55A PG 1 IF 2
PITKIN COUNTY CLERK & RECORDER
REC
10.00
DOC
CURB AND GUTTER IMPROVEMENT AGREEMENT
BETWEEN
THE CITY OF ASPEN AND JOHN C. OXLEY
WHEREAS, John C. Oxley is the owner of the real property
described as the East one-half (1/2) of Lot B and all of Lots C,
D, E and F, Block 21, City and Townsite of Aspen, and located at
627 West Smuggler, Aspen, Colorado, (hereinafter "Owner"); and
WHEREAS, Owner's property is within a zone district or other
area as designated on the City of Aspen adopted sidewalk, curb
and gutter plan requiring construction of curb, gutter and
sidewalk prior to issuance of a Certificate of Occupancy or, in
lieu thereof, an agreement for future construction pursuant to
Section 19-100 of the Municipal Code; and
WHEREAS, at this time, the City Engineer deems the
construction of curb and gutter on public right-of-way adjacent
to Owner's property within three (3) years infeasible due to
existing improvements or conditions.
NOW, THEREFORE, the parties agree as follows:
1. Owner agrees to construct curb and gutter along the
frontage of Owner's property (approximately 135 feet) at such
time as the City of Aspen deems construction necessary and
feasible. It is acknowledged by all parties that the present
requirement is for a two foot (2') wide gutter with a rolled curb
meeting City specifications.
2. In the alternative, at the City's option, the city may
construct the above improvements and Owner shall reimburse the
City for all reasonable costs of such construction.
. Reimbursement shall be made to the City within ninety (90) days
after receipt of invoice.
3.
benefit
parties
This Agreement shall be
of the heirs, assigns and
hereto.
binding and shall inure to the
successors in title of the
Entered into this ~), day of
nfi '1
, 1994.
~~
Jo I:l.--' . Oxley
~
12980.1
STATE OF COtOI!AIJ/J )
/ ) ss.
COUNTY OF /-' /rt(./u )
This instrument was
VJnT ' 1994,
witness my hand and
My commission expires:
acknowledged before me this ~~ day of
by John C. Oxley. ,.(\'Vi::
,9")"
official seal.
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CITY OF ASPEN, COLORADO,
a Municipal Corporation
By:
Q6 /, (f~
Mayor)
Attest:
370196
B-750 P-959 05/19/94 10:55A PG 2
OF 2
12980.1
2